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08/25/2008 - 6176CTf OF FRIDLEY FRIDLEY CITY COUNCIL MEETING � OF AUGUST 25, 2008 9:30 p.m. - City Council Chambers Attendance Sheet PLFASF PR/NT NAMF, ADDRESS AND IT�M NUMSSR YOU ARE /NT�RFSTFD /N. Print Name (Clearly) Address I�ke� No. ! J{ � � . .7 � ,1�r��, 3 z l ` s'� �L ° ./l/� T�� 3 i� �z� l t- � S � C U �'` t' / T / � f•_. U � �— � . , . . . . — . - • ` ,� � � . ��--; h ' 1 �--��, . 7 .2 l f rt � �'' " � . � � ' r �,,� �O _ LJ � s � /� �� ✓'�z-� �v � ( c.0 C � G � f S a �� -- .[� r� � � �� r�a + -F-, �' � �. � . FRIDLEY CtTY COUNCIL MEETtNG OF AUGUST 25, 2448 .. .� y �� r:�t� F��C� The City of Fridiey will not discriminate against or harass an�ron� in the adrnission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationai or�gin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, arccommodation wifl �e provided to a!la�r -ir�iv�dua�� with disabi��f�ies to - part�cipate in- a-�� of Frj��ey's �s�rvic-es, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3504 at {east one week in advance. (TTDl�72-3534) PLEDGE OF �4LLEGIANCE. � : � (� PRESENTATION: S Tim Roche — Twin Cities 1Vorfh Chamber of Commerce Mark Daly — The Zone and Teen Programs APPROVAL 4F PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. S c.� S�- �+n-� Gc. �--i' t. C a� � Y� ��rC.� I�tzGyc�l' "'r' �"ir rr� v�-�+�--,�- �v� Resalution Authorizing changes in Appropriations for the 2008 Budget for January through July, . 2008 ................................................ 8 - � • . �4PPROVAL OF PROP4SED C�IVSENT AGENDA: . �� 5. Approve City of Fridley Draft Wellhead Protection aPPROVAL OF MfNUTES: � Plan ................................................. 11 - 12 City Cauncil Meeting of July 28, 2008 �Tabled August 11, 2008) City Council Meeting of August 11, 2008 OLD BUSfNESS: 6. Resolution Determining that Certain Parcels are Occupied by Structuralfy Substandard Buildings and are to be Included in a Tax Increment Financing District ............................................. 13 - 16 � 1. Receive Plans and Authorize Advertisement for Bids for the 85th Avenue Trail Project, City of Fridfey Project Number ST2008-03 tTabled ' 7. . Aug ust 11, 2008) .... ............... .......... 1- 2 .� •.. �-;r . � � c � +v� L�... � � � � s � � v� � � � ; � � v v �- C ,� -E- �oa t � NEW BUS(NESS: 2. Resolution Certifying the Proposed Tax Levy Requirements for 2009 to the County of Anoka........:.............. .... . ............ 3 - 4 � 3. Resolution Adopting Proposed Budget for Fiscal Year 2009 ............................... 5- 7. � � First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of . Fridley............................................. 17 -18 . 8. Claims ............................................ 9. Licenses ...........................................� 20 - 21 : t �. .,�. FRIDLEY CtTY C�UNCIL MEETtNG OF QUGUST 25 20Q8 i��4��2 aDOPTiON OF AGENDA. , � � �� . OPE�N FQR-�� -�ViS�-�-QRS). Ca�� derat��-r�--of Items Not on Agenda —15 Minutes � NEW BUSINESS: 10. Variance Request, VAR #08-06, by John � Alien and� Jeff Salzbrun on behaif of lndustriai Equities, LLP, for Three Variances: To Allow a Second Free-Standing Monument Sign instead of the Code Required Sign; to Allow the South Monument Sign to be Within 25 Feet of a Driveway and within the Vision Safety Zone; and to Reduce the North Sign Setback frorn 10 Feet to 9.2 Feet from the Property Line, Generally Located at 5100 — 5110 Main Street N. E. � �IVard 3) ....:....................................: 22 - 40 �! � a f l� �� j�.� . � �. � -�-� _ . v �' � 12� �-� � �- 11. Approve Drug Enforcement Administration � State and Local Task Force � .� Agreement....................................... 41 - 44 � v-e. �..... � � � -- �. � � � -� P� �� • l . � ` Z�� . �' . . . � . . 12. Informa! Status Report � .................... 45 . _ � � ADJDURN. : Z._ �( %J �� CITY COUNCIL MEETING OF AUGUST 25, 2008 �ffY �F FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Tim Roche — Twin Cities North Chamber of Commerce Mark Daly — The Zone and Teen Programs APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 28, 2008 (Tabled August 11, 2008) City Council Meeting of August 11, 2008 OLD BUSINESS: 1. Receive Plans and Authorize Advertisement for Bids for the 85t" Avenue Trail Project, City of Fridley Project Number ST2008-03 (Tabled August 11, 2008) ............................... 1- 2 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Resolution Certifying the Proposed Tax Levy Requirements for 2009 to the County of Anoka ...................................... 3- 4 3. Resolution Adopting Proposed Budget for FiscalYear 2009 ....................................................................................... 5- 7 4. Resolution Authorizing changes in Appropriations for the 2008 Budget for January through July, 2008 ................................ 8- 10 5. Approve City of Fridley Draft Wellhead Protection Plan......................................................................................................... 11 - 12 6. Resolution Determining that Certain Parcels are Occupied by Structurally Substandard Buildings and are to be Included in a Tax Increment Financing District..................................................................................................... 13 - 16 7. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley ..................................... 17 - 18 8. Claims .................................................................................................... 19 9. Licenses .................................................................................................. 20 - 21 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS). Consideration of Items Not on Agenda — 15 Minutes NEW BUSINESS: 10. Variance Request, VAR #08-06, by John Allen and Jeff Salzbrun on behalf of Industrial Equities, LLP, for Three Variances: To Allow a Second Free-Standing Monument Sign instead of the Code Required Sign; to Allow the South Monument Sign to be Within 25 Feet of a Driveway and within the Vision Safety Zone; and to Reduce the North Sign Setback from 10 Feet to 9.2 Feet from the Property Line, Generally Located at 5100 — 5110 Main Street N. E. (Ward 3) ................................................. 22 - 40 11. Approve Drug Enforcement Administration State and Local Task Force Agreement ................................................... 41 - 44 12. Informal Status Report ............................................................................ 45 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JULY 28, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director ard Pribyl, Finance Director James Kosluchar, Public Works Director Fritz Knaak, City Attorney PRESENTATIONS: Fridley `49er Days Royalty. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2008. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79t'' Way) (Ward 3) William Burn, City Manager, said the five lots are located near the intersection of Broad Avenue and 79th Way. Council approved the first reading on July 14, 2008. Assuming that Council adopts this second and final reading of the ordinance, staff will draft drainage easement documents and purchase agreements for the two adjoining property owners who have indicated a desire to purchase this property. The costs of easement filing, surveying and closing will be passed on to the purchasers. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1253 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 16, 2008. RECEIVED. 3. Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally Located at 7731 Main Street N.E. (Ward 3). William Burns, City Manager, said that Mr. Stock wishes to store service trucks and trailers in a fenced-in area that is well within the area allowed by code. The Planning Commission recommended approval at their July 16, 2008 meeting subj ect to two stipulations. Since then, staff has determined that two more stipulations, dealing with screening and storage of junk vehicles, are needed. Staff recommends Council's approval, subject to the following four stipulations: 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. 3. The petitioner shall screen the north and east sides of the outdoor storage area with screening slats. 4. The subject property shall remain free of junk and inoperable vehicles. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Providing for the Issuance and Sale of $1,915,000 General Obligation Improvement bonds, Series 2008A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. William Burns, City Manager, said this will be used to fund a portion of the costs for the 2008 street reconstruction project. As has been the case in the last two years, the bonds will be retired through the proceeds of a levy passed on to Fridley property owners. In preparation for this issue, the City was required to undergo a credit rating review by Moody's Investor Service. While Moody's is concerned about the City's reliance on LGA, liquor store profits and cash balances, they did confirm our existing Aa2 bond rating. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 3 Dr. Burns said Cronin & Company, Inc., was the lowest bidder of 5 competing companies. The low bid is at a true interest cost of 3.7315%. The bonds will be retired over 10 years. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-29. 5. Resolution Providing for the Issuance of Sale of $3,725,000 General Obligation Water Revenue Bonds, Series 2008B, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. William Burns, City Manager, said that the proceeds from this large bond issue will be used to cover the costs of our 2008 and 2009 water system improvement projects. They include the following proj ects: 1. Commons Park filter media replacement ...$500,000 2. Well Redevelopment ...$130,000 3. Repair and painting of Hwy 65 water storage tank ...$1,100,000 4. Replacement of Gardena Avenue water main ... $150,000 5. Distribution system replacement . . . $620,000 6. Installation of variable frequency drives at two of our wells. ...$100,000 7. Repair and painting of the Commons Park elevated storage tank ... $360,000. 8. Repair and painting of the Commons Park reservoir.. ..$70,000 Dr. Burns said the bonding will be for two years of improvement costs in order to reduce overhead for the bond issue. The low bidder was Cronin and Company, Inc., with a total interest cost of 3.9810%. The bonds are to be retired from water rate revenues over a 15-year period. Staff recommends that the Water Revenue Bonds be issued to Cronin & Company with a true interest cost of 3.9810%. ADOPTED RESOLUTION NO. 2008-30. 6. Resolution Appointing Election Judges for the 2008 Primary and General Elections. ADOPTED RESOLUTION NO. 2008-31. 7. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program. William Burns, City Manager, said the Fridley Police Department in conjunction with the Anoka County Sheriff and nine other local police departments in Anoka County want to apply for $41,800 in federal money that is passed through the State Department of Public Safety. The funding is used largely for joint traffic enforcement on busy holiday weekends. It is also used for public education regarding the hazards of drunk driving. Fridley's share of the funding is $3,800. Coon Rapids will administer the grant. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-32. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 4 8. Approve Joint Power Agreement between the City of Fridley and the City of St. Paul Regarding Public Safety Related to the 2008 Republican National Convention. William Burns, City Manager, said the City of St Paul is seeking help from area police departments to provide public safety and crowd control at the RNC on September 1-4. We expect to be reimbursed for salaries as well as our share of Medicare and PERA contributions for participating officers. The participating cities will be insured through a$10 million professional liability insurance policy that has been taken out by the RNC. The LMC has reviewed the joint powers agreement and is encouraging its members to participate. City Attorney Fritz Knaak has also reviewed the joint powers agreement and finds it acceptable. Staff recommends Council's approval. APPROVED. 9. Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1 William Burns, City Manager, said the change order is for $27,754.99. The largest share ($18,053.75) of this cost is for the unexpected dredging and replacement of "muck" on Lucia Lane and the Highway 65 West Service Drive. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Claims (137613 —137735). APPROVED. 11. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Items number 3 and 9 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Items 3 and 9. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 3, 9 and 13. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Pam Reynolds, 1241 Norton Avenue NE, asked for clarification on the curb and gutter assessment. She asked if it was correct that the homeowner was being assessed for the front, address side of the street. Mayor Lund said that staff would follow up with her on the clarification of the assessment. This was brought up at another Council meeting since the November 19 meeting and it was discussed at considerable length. Councilmember Bolkcom said that there was a discussion held regarding this subject. Attorney Knaak was asked if another public hearing was needed to clarify things and he said that property owners would still have the final assessment hearing to discuss any issues. Attorney Knaak said that is correct. The final assessment meeting is the one that counts and those are the numbers that will be assessed. Councilmember Bolkcom said that at the November 19 meeting there was a new Public Works Director as well. If anyone has any questions about their assessment, they can always call Mr. Pribyl or Mr. Kosluchar. Mayor Lund said the property owner will be assessed for the front address side of the street and the other areas will be added up and divided among the homeowners. This was highlighted in the minutes after he misspoke and Mr. Kosluchar corrected the statement. Ken Hughes, 6424 Ashton Avenue N.E., said he felt his assessment was not fair. Mayor Lund said the City is trying to be fair and equitable to home owners. This project is consistent to what Fridley has been doing for years and to change the process would not be fair to the others. Ms. Reynolds said if three corners are in a project, the homeowner would be assessed for the front address side of the property and the rest would be divided among the other homeowners. Mayor Lund said that is correct. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 6 Jim Kosluchar, Public Works Director, said that the frontage is not assessed if it is public property. Public property would be a park or side yard where the public can make use of the property. The owner of a corner lot has use of that property just as much as others in the neighborhood. Mr. Hughes mentioned that he was looking at the work on the driveways and curbs and noted that the contractor was not using the right forms. Councilmember Bolkcom met Mr. Hughes at the property. They measured and found that the contractor was not building the driveways or curbs to the specs of the contract. The contractor was notified and now they are using the right forms and doing a good job. Mr. Kosluchar said that he went out with the inspector and inspected the form depth and corrected it. There are similar issues with a few other driveways and the contractor is waiting for a response to remedy the situation. Councilmember Bolkcom said that staff should not spot check the work but look at all the work being done. Mr. Kosluchar said the first set of forms was measured and they were putting out good product, but the second crew had trouble keeping up with inspections so that work has been spot checked. Mayor Lund said if there was a deficient driveway not fully poured, the contractor should have to rip up and replace the driveway. Councilmember Bolkcom said that the information is clear in the specs of the proj ect and the contractor bid the proj ect to do it according to those specs. The City needs to hold the contractor accountable and not allow them to cut any corners. NEW BUSINESS: 3. Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally Located at 7731 Main Street N.E. (Ward 3) Councilmember Bolkcom asked when the petitioner constructed the addition or if it was already there when the building was purchased. Scott Hickok, Community Development Director, said that the storage area was already constructed but he wanted to store materials in the fence area he put in. Councilmember Bolkcom asked if the homeowner was aware of the two new stipulations. Mr. Hickok said that the homeowner was aware of this on the visit and staff also left information with Mr. Stock's office. Warren Stock, owner of property, said that he did not get the new stipulations. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 8 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 9. Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1. Councilmember Bolkcom asked for clarification on what "muck" was in this project. James Kosluchar said that they do soil testing at intermittent stations along the road, typically every 1,000 feet. During the boring tests they did hit one boring where there were poor soils and some adjacent areas where there is organic soil. The amount of poor soil that had to be removed was more than they expected. Councilmember Bolkcom said that $18,000 is a lot of money to take care of poor soil. Mr. Kosluchar said that the only way to have a better handle on the situation is to do extensive borings to outline the limits of the poor soil and we would have spent a similar amount. The contractor gave us a price and we went with that estimate. Councilmember Bolkcom asked if we did the extensive boring tests would we still have to remove the muck. Mr. Kosluchar said we would. William Burns, City Manager, said that not only does the muck need to be removed but it needs to be replaced with Class 5, pea gravel, etc. Mayor Lund said that they only do so many boring tests but they could do a lot of borings to determine the scope/depth/width of the area. That would be expensive and they would have to pay to remove the muck anyway. Councilmember Bolkcom asked where the muck goes. Mr. Kosluchar said that the contractor gets rid of it. MOTION by Councilmember Bolkcom to approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13. Renewal of Liquor License for Baggan's Pub. Councilmember Bolkcom asked if the public hearing would need to be advertised. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 9 William Burns, City Manager, said that would not be necessary. Staff would just need to give the property owner a 10-day notice. Councilmember Bolkcom asked if the property owner or license holder gets a certified letter so they are aware of the meeting. Richard Pribyl, Financial Director, said that a certified letter will be sent out and the Police Department will have a verbal conversation with the property owner regarding the public hearing and other issues. Mayor Lund mentioned that he will be out of town on August 11, so he would be unable to attend the meeting. Councilmember Bolkcom said it would be okay if the public hearing would need to be continued at the August 11 meeting. It was important to have this public hearing as soon as possible because there have been ongoing problems with this property. Mr. Pribyl said he would have staff contact the owner (Tuesday). MOTION by Councilmember Bolkcom to set the public hearing on the renewal of the liquor license for Baggan's Pub for August 11, 2008. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mayor Lund said that National Night Out would be held on Tuesday, August 5. Councilmember Bolkcom said she attended the Anoka County Mississippi Branch Gardens and there was a lot of planting and design work involved in this project. Thanks to all the volunteers and donations, it was beautiful. Also, August 9 is the drop-off recycling event. If you have any questions on this event please contact Rachel Harris at 763-572-3594. William Burns, City Manager, said that City Staff and ACCAP will be hosting a Mortgage Foreclosure Open House on September 17 from 4:30 to 7:30 p.m. at the Fridley Community Center. Individual counselors and mortgage service representatives from major banks will be available at the open house. No appointment or RSVP is necessary. More information can be found on the Fridley website, www.ci.fridlev.mn.us. Also, the August newsletter will be mailed out the first week in August. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 10 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:27 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 11, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager James Kosluchar, Public Works Director Richard Pribyl, Finance Director Don Abbott, Director of Public Safety Fritz Knaak, City Attorney PROCLAMATION: Don Maurer Appreciation Day — August 11, 2008. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 28, 2008. APPROVED. NEW BUSINESS: 1. Receive Plans and Authorize Advertisement for Bids for the 85t'' Avenue Trail Project, City of Fridley Project Number ST2008-03. William Burns, City Manager, stated the City has been attempting to complete its portion of the 85th Avenue Bikeway since 2001. Upon completion of the Coon Rapids portion of the bikeway, residents will enjoy a bikeway link between the Mississippi River Regional Trail, which extends along East River Road and the Northtown transit hub. The project will e�tend from the current terminus of the University Avenue bikeway to the BNSF tracks on 85th Avenue. It has been designed so as not to interfere with future widening of 85th Avenue by Anoka County. This means that much of the current project will be built through land on the north side of the FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 2 Springbrook Nature Center. The 10' wide bituminous path will be built across wetland areas on pile supported bridge sections. It will end on the west side of the BNSF tracks. Bikeway amenities will include bicycle racks, rest areas, and refuse containers. Dr. Burns stated the proj ect has been delayed for various reasons including negotiations with BNSF and Anoka County. While we had hoped to construct it in 2007, money needed for the $250,000 local match had to be used on the 2007 and 2008 street improvement projects. Since we have been warned by MnDOT that we are in danger of losing our Federal Transportation Enhancement Funding, staff has determined to use better than expected 2008 MSAS funding along with 2009 MSAS funding to cover the City's local match. We now estimate that the project will cost $1,150,000. The use of 2009 MSAS funds for the 85th Avenue bikeway may require that we consider reducing the scope of the 2009 mill and overlay project, or alternatively use 2010 MSAS funds to cover any shortfall. Staff recommends that Council authorize staff to seek bids in early September. Bids would be opened in October and construction would start in November with completion by the end of July, 2009. Since many of the difficult construction areas are in wetlands, winter construction will be to our advantage. Dr. Burns stated the recommendation was reviewed by and endorsed by the Fridley Parks & Recreation Commission at their meeting on August 4. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Receive Plans and Authorize Advertisement for Bids for Commons Park Water Treatment Plant Improvements, City of Fridley Project No. 379. William Burns, City Manager, stated Public Works staff is proposing to replace the filter media in five of the seven filters at the Commons Park Water Treatment Plant. The base bid also includes some welding, demolition, door installation, and painting. Staff suggests that we bid two alternates. The first alternate would include repairs to the air backwash system. The second alternate would allow us to retrofit the backwash sediment removal system. Dr. Burns stated the estimate for the base bid items is $527,000, about $27,000 more than we had anticipated in preparing the 2008 budget. The plan is to bid in September and to begin construction in October. The project would be completed by May 1, 2009. Staff recommends that Council receive the plans for this project and authorize us to seek bids. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Claims (137738-137950). APPROVED. 4. Licenses. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 3 APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates. Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 3 ................................................$ 225,831.03 Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Project No. 375 Estimate No. 2 ................................................$ 8,048.44 North Valley, Inc. 2015 Iguana StreetN.W. Nowthen, MN 55330 2008-2 Mill and Overlay Proj ect Estimate No. 1 ................................................$ 74,721.13 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to remove the Minutes from July 28, 2008, Item 1, and Item 2 from the consent agenda and place them on the regular agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of the Minutes from July 28, 2008, and Item 1 and Item 2 from the Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 4 OPEN FORUM: MOTION by Councilmember Saefke to receive a Petition by residents along 59th and 7th Streets concerning the Little League ball fields. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Saefke asked staff to take a look at the situation and the petition. The petition offers three suggestions that staff can look into. Councilmember Bolkcom asked staff to provide them with the number of tournaments and actual activities that go on there. She would also like them to look at any other complaints voiced to the Parks and Recreation Department and Police Department. PUBLIC HEARING: 6. Consideration of the Revocation of the Intoxicating Liquor License Issued to William J. Bisek of JWBB, Inc., d/b/a Baggan's Pub, Located at 3720 East River Road (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE PUBLIC HEARING OPENED AT 7:45 P.M. Richard D. Pribyl, Finance Director, stated the business was to operate as a restaurant on one side and the Oops Theater and banquet center on the other side. The original public hearing for the liquor license was conducted on November 13, 2006; continued to December 4 and 11; and approved on January 4, 2007, and the license issued on February 16, 2007. The original public hearing was continued pending a review of a pro forma and some sort of business plan by Mr. Bisek in order to determine whether the business could comply with Chapter 603 of the City Code. Staff did receive a pro forma and a brief letter outlining Mr. Bisek's understanding of our liquor code and his ability to comply with it. At that point, we were satisfied with the business plan and the other information that they provided in conjunction with the overall operation. Mr. Pribyl stated during the week of July 21, 2008, staff received information of a change in concept of the dinner theater and possible ownership change, but not from the owner of the restaurant. On the morning of Sunday, July 27, 2008, the police were called to Baggan's Pub at 2 a.m. The call required mutual aid assistance from a number of other communities. The disturbance at Baggan's Pub resulted in a total of 37 squad cars with numerous police officers being called to that scene. Based on the scene, it was apparent a change of venue had occurred. Staff had received information a week earlier that the theater side had now become Klub Africa. Staff then googled "Klub Africa" and found that an entertainer by the name of `B-Face" was being advertised on "My Space." He was appearing at the Baggan's Pub location on August 29, FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 5 2008. Staff also visited the County's website and found there were delinquent taxes on the property in the amount of $27,732 which is a problem in relation to the liquor ordinance for the City of Fridley. Mr. Pribyl stated due to the change in operation, staff was concerned about a change in ownership without a license change. Staff then scheduled an administrative review with William Bisek on July 30 for a review of his operation. Based on that discussion, it was apparent that he was working on a potential sale with Zanzibar Inc. Staff s concern is that there may be two independent businesses running under one liquor license in violation of the City Code. Mr. Pribyl said staff made it clear to Mr. Bisek that the City Council had approved the concept of the dinner theater and did not want to see an operation similar to the past ownership. At the time Mr. Bisek applied for the liquor license, the public hearing was continued until staff had time to meet with Mr. Bisek to determine whether he could comply with the food-to-liquor ratio required by all restaurants with a liquor license in Fridley. Mr. Pribyl stated at this point staff has concerns regarding how this license holder is conducting this multi-venue operation within Chapter 603 of the City ordinance, and the public safety issue that has resulted from only a few nights of operation. It is not entirely clear as to how Mr. Bisek is actually operating these two sides. Mr. Bisek is in attendance as well as representatives from Zanzibar or Klub Africa to answer any questions regarding the current operation of the restaurant. Councilmember Bolkcom asked Chief Abbott if he had anything to add. She asked if there was any information summarizing the number of calls to this establishment. Don Abbott, Director of Public Safety, replied in 2007 under the operation of Baggan's Pub, they had 35 calls for service. Those were fairly low-level calls for service--alarm calls, civil disputes, some accidents, disorderly conducts, 3 domestic assaults, and 2 other assault calls which all appear to be minor in nature. This year through August 4, 2008, they have had 24 calls for service--3 misdemeanor assaults, 5 disorderly conducts, and a domestic assault. The rest were some fairly minor offenses. There have not been an extremely large number of calls at this point. Councilmember Bolkcom asked what made the police go to Baggan's Pub on July 27. Chief Abbott said the police were down in the area of Baggan's Pub throughout the evening based upon his request to conduct walk-throughs of the business. They had received some information 1'/z to 2 weeks earlier on a couple other police calls--one being a minor assault, one being a violation of a civil order for protection. In one of the calls, the person had asked the staff of Klub Africa (which is the first they heard of another club operating at that bar) to call police and staff refused, telling the person they could not call the police because they had minors on the premises. Police then directed our weekend patrol officers to conduct walk-throughs, do ID checks, etc. There were specifically there at 2 0' clock on another call of a fight involving a stolen cell phone, when fights began breaking out around the officers. In fact, one officer was slightly separated from the other officers on the scene, and fights were occurring right around his FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 6 squad car. At one point bottles were being thrown in the direction of his squad car, and the crowd was actually appearing to enclose or encroach in upon the officer in his squad car. At that point, our officers called for emergency backup from several communities. They reported approximately 350 to 400 patrons on the premises at that point with parking out onto 37tn Avenue, across 37th Avenue. There were about 100 people who seemed to be actively involved in different altercations that were going on. That required the high number of squad cars. Two arrests were actually made, and the crowd was dispersed. One person had to be tasered. Squads from Fridley were there for an hour. Approximately 37 squads from other communities-- Minneapolis, Coon Rapids, Spring Lake Park, Columbia Heights, etc., came to assist. Councilmember Bolkcom asked the results were of the identification checks. Chief Abbott replied, the officers reported when they were there earlier in the evening, there were very few patrons in the business--50 or fewer and they all appeared to be of age. The report does not indicate if the officers actually requested ID from anyone other than the statement that people did appear to be of age at that time. Councilmember Bolkcom asked, when he mentioned there were 350-400 patrons, were they inside or outside of the building. Chief Abbott said they were actually in the parking lot and the nearby street. Councilmember Bolkcom asked if there were other patrons indoors who were not aware of things at that time. She asked if the police had to go in the building at all. Chief Abbott replied, there is no indication in the report. It sounds like the entire issue occurred outside. Based upon the way the report was written, there would not have been any officers inside the building—they had their hands full outside. Councilmember Bolkcom asked what the food-to-liquor ratios had been for the establishment. Mr. Pribyl said he did not have the actual numbers, but they have been just barely above the 40 percent. They have been at the minimum. Councilmember Bolkcom stated she thought they were pretty clear when they started talking about this liquor license, that they were concerned about the whole thing with the dinner theater and how this was all going to be run. She recalls they had a fair amount of issues related to taking care of the kitchen and there were some of the health and safety issues related to Anoka County and inspections. That has all been cleared up, but they were pretty clear about the food- to-liquor ratio and about the liquor license. She would like to have the minutes relating to this before the next meeting. Mr. Pribyl said in reviewing how the license was issued, they did go through a number of steps, to make all of this perfectly clear to Mr. Bisek, so that he firmly understood the concept of our ordinance. We felt comfortable that the operation would be able to comply. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 7 Councilmember Bolkcom asked when they were aware that the dinner theater was no longer operating and how did they find out. Mr. Pribyl replied, that probably occurred in the last week or two in July when the Police Chief actually came into his office and made him aware they potentially had another club operating in the theater side which appeared to be independent of the operator. They had not actually heard much of anything going on there for some time. William Burns, City Manager, stated he thought they knew fairly early in the game that Oops was not working out in 2007. Probably within two months after they got their liquor license. Mr. Pribyl stated as he recalls, Mr. Bisek did have his own dinner theater after that. We did know that they had not come to terms with the Oops Dinner Theater, but he was actually trying his own comedy nights. They had not heard there was anything contrary to the concept of the dinner theater, comedy club type thing. Councilmember Bolkcom asked Mr. Pribyl to summarize Chapter 603, which is basically what our whole liquor license is. When giving a liquor license to an establishment, it spells out the food and liquor ratios and some of the behavior. She asked if it also mentioned the taxes. Mr. Pribyl replied Chapter 603 encompasses the entire parameters of the liquor license issuance and has all facets of the requirements of the liquor license. Councilmember Bolkcom asked Mr. Pribyl if he can remember another establishment where they had delinquent taxes and were allowed to continue to have a liquor license. Mr. Pribyl replied, not on a continuing basis. To the best of his recollection, they may have had one occurrence where there were delinquent taxes but they remedied immediately before they renewed. Councilmember Bolkcom stated he mentioned around $27,000 of delinquent taxes. She asked how long they had been delinquent. Mr. Pribyl replied the second half of 2007 and the first half of 2008. Councilmember Bolkcom asked Attorney Knaak if there was anything in Chapter 603 that gives the City any latitude when someone is delinquent. Fritz Knaak, City Attorney, said being current on the taxes is a requirement of the licensure. Councilmember Bolkcom asked Chief Abbott if he would summarize what happened on August 9 and if he saw any activity in the dinner theater area. Chief Abbott replied, the weekend following the reports they got back from their officers there were signs posted at the building basically saying that the Klub Africa's operation had been cancelled. He believed more specific, that no Zanzibar patrons were welcome or allowed on the FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 8 premises due to the City of Fridley or Fridley city order. He did not see the sign itself. Councilmember Bolkcom asked whether it was signed. Chief Abbott replied, he is not aware of a signature. The officers reported a very quiet weekend down at the Baggan's facility. Dr. Burns stated he knows they had plans to keep an eye on the place on August 2. Did they have any problem down there then. Chief Abbott replied, no. Attorney Knaak replied, regarding Chapter 603, yes, it is a requirement of the licensure not to be delinquent with taxes. More significantly, if in fact there is a failure to pay those taxes, there is an immediate forfeiture provision on their bond which he had not realized until he did a review. So regardless of what the Council decides to do tonight, and he believes the recommendation of the staff was expected to continue the hearing, one thing that might be worth the review is an examination of the bond forfeiture provision. Regardless of what the Council ultimately decides, those particular provisions are automatic. Councilmember Varichak asked Chief Abbott if they posted the notice at Baggan's. Chief Abbott said he did not order that posting, and he is not aware of any member of City staff within the Police Department or otherwise who ordered it. In their discussions, they did not order it or authorize it. Councilmember Varichak asked how they found out about it. Chief Abbott stated the officers working that weekend reported that back through the chain of command. He did not see it personally. Councilmember Bolkcom asked who met with Mr. Bisek on the July 30. Mr. Pribyl replied, Deb Skogen, himself, and a representative from the Police Department also. Councilmember Bolkcom asked, did the City staff at that point say that side was closed and it was an order from the City. Mr. Pribyl replied, not at all. They did not have anything to do with any closing of any part of that restaurant. Their meeting was actually only to basically find out what was going on, more of an administrative review of just trying to gain facts as to the operation. Councilmember Bolkcom asked, was Mr. Bisek aware of the activity that had gone on that previous Saturday and the number of squad cars and that type of thing. Mr. Pribyl replied his statement or reaction indicated that he was not aware of the situation. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 9 Councilmember Bolkcom asked Chief Abbott if any of the officers mentioned that Mr. Bisek was on the premises or if there had been any discussion with him or anyone else from the establishment. Chief Abbott replied, no mention was made in the report from July 27 that Mr. Bisek was on- site that evening or that the officers talked to him. Councilmember Bolkcom asked if this was something they would normally report back to them. Chief Abbott replied, they do at times report specific incidents back to license holders or property owners. More likely it is after they have seen a series of incidents or a trend of incidents. They will then ask the license holder, the manager, or whoever to come in and meet with them or will provide them with a listing of the reports, talk about their concerns, and see if there are any improvements we can suggest or they can suggest. In this specific case our initial information came days before the incident on July 27, and our plan at that point was to gather more information. Chief Abbott said they were particularly concerned about staff refusing to call police when a patron asked them to and about the comment about minors being in a liquor establishment. It has been their experience if they were then to call the license holder and talk about those issues, they would not be able to verify or determine if that was occurring. So their plan was to have the officers go down, do the ID checks, determine a little further what exactly was going on, and then call the license holder in for a conference. Councilmember Bolkcom asked if it would be fair to say that during the Council meeting on July 28, that is why there was a motion made to put this on the agenda, because of the situation and the escalation of activities there. Chief Abbott replied, his understanding was it was a combination of the extraordinary incidents requiring 27 officers to respond, coupled with our strong suspicion that there were actually two clubs operating under one license. Mr. Pribyl said he agreed with that. A chief concern is that we appear to have two different operations operating under the same liquor license. If there was a change in ownership that would instantaneously require a new application and a new public hearing regarding a new liquor license for that establishment. Councilmember Bolkcom asked if we were treating this establishment any different than any other establishment with any of these activities that have happened. Mr. Pribyl said we would do the same thing if we were aware of any kind of an owner shift in a license. Mayor Pro Tem Barnette asked if in fact the new tenant operating there for a week or two FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 10 weeks, where was he getting his liquor and providing the food. Mr. Pribyl replied, in their interview, they indicated it was Baggan's Pub. He said that was their main concern. They just had too many questions which necessitated bringing this before Council. Chief Abbott stated Lieutenant Monsrud reported to him that a representative of Zanzibar or Klub Africa stopped in to visit and indicated that a purchase agreement was already in existence. Mayor Pro Tem Barnette asked if that was for the entire operation or just for that portion of the club. Chief Abbott said he believed it was for the entire premises. Councilmember Bolkcom asked if they gave them a date of the purchase agreement. Chief Abbott replied, Lieutenant Monsrud reported he asked for a copy of the purchase agreement; but the individual declined to provide it. However, there was also some talk that there was a five-year term to the purchase. Mr. Pribyl said in their interview it was indicated that there was a verbal agreement with Zanzibar Incorporated, there was a down payment made, and at that point an agreement had been drafted between attorneys but had not yet been signed. Councilmember Bolkcom asked when that information was given, if they were aware of the liquor license and how the liquor license worked. Mr. Pribyl stated Mr. Bisek was well aware of the requirement, but he did not know about the representatives from Zanzibar Incorporated. Councilmember Bolkcom asked Mr. Bisek if he could tell her approximately when Oops Theater no longer operated at his establishment. William Bisek, 3720 East River Road, stated Oops Theater did kind of a late night move-out type of proposition in April or May 2007. Councilmember Bolkcom asked Mr. Bisek what happened after that. Mr. Bisek replied, Oops Theater filed bankruptcy. He was somewhat sold a bill of goods on them. He did do some background on them but unfortunately not deep enough to find out about the financial issues they were having. In fact, during all the time they were operating there, he never received any funds from them for the business that was being run there. So with wanting to stay with the business plan that he had first approached the City Council with, himself and three other people came to an agreement that they were going to try and operate their own dinner theater. So they formed a business that was called "PBR Events." Councilmember Bolkcom asked when that was. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 11 Mr. Bisek replied immediately after Oops had moved out. They had purchased rights to a play that was Neil Simon's, "Odd Couple." It was a whole different ballgame in trying to market it. To actually sell the product was quite an undertaking, but they were committed to it and had every intention of doing that. Then, unfortunately, he believed it was the end of July, they were broken into in the middle of the night, three safes were taken, and there was extensive damage done to their security system, both video and alarm system. Total loss with the robbery he believed was around $54,000. Unfortunately insurance does not cover a lot of that--for cash only up to $5,000. Councilmember Bolkcom asked if that was reported to the Police Department. Mr. Bisek replied, yes, and to Anoka County. They did an investigation. That put them in quite a financial burden. They had just finished the run of the "Odd Couple" and were looking at buying rights to another play. It is very expensive and complicated, so they made the decision to put the dinner theater on the back burner mainly for financial concerns. So the room pretty much stayed empty. They were trying to do some Christmas parties, wedding receptions, and more banquet type operations out of that room, staying within the parameters of the City's requirements. He said he is well aware of the 60/40. They had some success with that but then obviously after the first of the year there was not a lot of call for Christmas parties. Trying to recoup their financing with just operating the pub side was very difficult. Councilmember Bolkcom asked what happened from January to July. When did Klub Africa/Zanzibar start happening? Mr. Bisek replied he believed some time during March he was watching a Brooklyn Park council meeting. Zanzibar was in front of their council, and it spiked his interest. He saw the issues they were having with the City of Brooklyn Park At the same time he was just starting to deal with some health and personal issues. He approached the gentlemen at Zanzibar with the idea of the property in Fridley. He did some background on them by going back and reading some Council minutes from Brooklyn Park and there were no police or crowd problems with what they were doing. Their business plan included food, and it was a lounge and restaurant type thing. He was assured the African community was a very peaceful community. He thought it might be a good fit. Councilmember Bolkcom asked if he had contacted the City of Fridley at all. Mr. Bisek replied, he did not. Councilmember Bolkcom asked why. Mr. Bisek replied, well, he was aware of the fact that their initial business plan was a dinner theater. In talking with the gentlemen with Zanzibar initially, there were talks of weekend soccer tournaments where they could do food banquets for them. He made them very aware of the 60/40 food and alcohol ratio. He did not think it was an issue and thought he would come to the City with it when it was time to transfer the liquor license. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 12 Councilmember Bolkcom asked what did he contact Zanzibar with in February or March. Mr. Bisek said he contacted them with his initial offer that he had a piece of property they might be interested in buying. Councilmember Bolkcom asked what happened after that. Mr. Bisek replied about three weeks or a month later, one of the partners in the group contacted him, and they told him they were interested. He showed them sales figures for Baggan's Pub, started working on the financials for it, and got to the point where the attorney drafted up a purchase agreement. Along with the purchase agreement was an employment contract where he would work for them to help with the transition and make sure that all the criteria with the City of Fridley was met, and that the transition went smooth. Councilmember Bolkcom said so that was in about April, 2008. Mr. Bisek said the end of April. Councilmember Bolkcom asked what happened after that. She said she was trying to get them up to July as far as activity at his pub and how things were handled there. Mr. Bisek replied, through the month of May was more attorney discussions, paper going back and forth, a down payment was received, and then they got to the point where they were ready to move their night from Brooklyn Park over to Fridley. That actually happened the last weekend of May. He saw no reason why not, they were in the transition of the sale. He was still in complete operation and the liquor license was still in his name. So ultimately, he was responsible for anything that happened on the property up until today. Councilmember Bolkcom asked him to explain "move their night over." Mr. Bisek replied they had a Saturday night that they were doing at Brooklyn Park It was kind of their African dance type of a night. So they started notifying their clientele they were moving their location over to Fridley. They continued to operate that Saturday night through June. He was working with them with issues with security and making sure everything was being done properly. Councilmember Bolkcom asked so at that time who was serving alcohol at his establishment. Mr. Bisek replied, his employees. Councilmember Bolkcom asked if there were any employees from Klub Africa or any bartenders who were employed by Klub Africa who were serving and working in the capacity of management. In other words, checking at the door for ID's and that type of thing. She asked if they were employed by his establishment. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 13 Mr. Bisek replied, yes, he had Antonio who is present tonight managing that room for him and who was employed by Baggan's Pub. Klub Zanzibar did want to bring in their own security, and it was an issue that he had with them. So they were doing their security, but he was bringing some of his security in, too, just to make sure everything was being done properly, IDs were being checked, and there were no other issues. Councilmember Bolkcom asked him if at any time he thought he should have notified the City of Fridley that this was all taking place, or because he still owned it and operated it and managed it, he did not feel it was necessary at this point. Mr. Bisek replied, he really did not. They were getting so close to having the paperwork signed so he was just waiting until the attorneys got finished with their part. Councilmember Bolkcom asked, so is it fair to say that anyone who worked in that establishment, other than some of the security, were employees of his. Mr. Bisek replied, yes. Councilmember Bolkcom asked so anyone serving liquor, any bartender, any waiter or waitress were all employed by Baggan's Pub. Mr. Bisek replied, yes. Councilmember Bolkcom asked never at any time was there anyone from Klub Zanzibar or Klub Africa or Zanzibar Klub doing anything other than security. Mr. Bisek replied, no, there were a few people they were trying to train to learn their computer systems, and their policies and procedures to become employees. Councilmember Bolkcom asked so were they taking money, orders for drinks, serving food, or doing that kind of thing while they were being trained in. It seems like there could have been some crossover of employees. Mr. Bisek replied, no. It is very normal in the process of hiring someone and then training them. Councilmember Bolkcom asked if he was training them as Baggan's Pub employees. Mr. Bisek replied, yes. They were being trained to come in and then would be part of Baggan's payroll. They have a 60-day right of refusal policy in their handbook. Councilmember Bolkcom asked so at any time, even today, anyone who appears to be working there, they could check over his payroll and they would be there. Mr. Bisek replied, yes. Councilmember Bolkcom asked if he was there the night of the activity. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 14 Mr. Bisek said he was not. Councilmember Bolkcom asked him when was he aware of what happened that night. Mr. Bisek replied, his son, Jeremy, who was present tonight, was working that night along with Antonio. He has been his second set of eyes when he is not up there so they communicate quite often. He talked with him Sunday morning and he mentioned they had a little incident in the parking lot. Councilmember Bolkcom asked a"little incident." Mr. Bisek replied, that is what he said, too, when he finally found out. Jeremy said there were a lot of people in the parking lot. He did not really tell him enough to alarm him. The Tuesday morning following the incident, he got a call from Deb Skogen informing him of the incident and informing him of a meeting that they needed to have. Councilmember Bolkcom asked if he also received a certified letter. Mr. Bisek replied, not at that time. He received the letter the following day. He said he told Deb he would get back to her and called his son about the incident. In their defense, they never left the building. They were making sure the building inside was secure, that all customers were out of the building, and that there was only staff inside the building when the altercation was going on outside. One of Chief Abbott's officers did come inside the building and check to make sure it was just staff in the building and that everything was okay inside the building. So they were not outside and did not see what was going on. Councilmember Bolkcom asked if that was routine not to have any security outside. Mr. Bisek said they did have security outside at the time of the incident. Mr. Love can speak a little more to this because when the officer came inside he asked Mr. Love to go outside and identify all the security people who were outside. He identified them all, and the officer asked them to have all the security come inside; and that they were going to take of everything outside. Councilmember Bolkcom asked would they normally do something like that when there is that kind of activity outside, with that many people outside, or any other type of activity. Is that normally something that should have been reported? Mr. Bisek replied, he does agree it should have been reported. They do have processes in place where if there are incidences there are reports that are written up that do get to his attention. They have never had anything to this extent of a problem. Councilmember Bolkcom asked so once he was aware of it, what has he changed about what he does there. Mr. Bisek replied, the first step they took was they immediately locked the doors to Zanzibar FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 15 doing their Saturday night there. Councilmember Bolkcom asked about the sign and what it said. Mr. Bisek replied, he believed it said, as per City request, Klub Zanzibar will no longer be operating at this location. Early in the week he had called Deb Skogen and asked her if he could get something on City letterhead stating that, just to put more teeth into the signage to avoid problems. He notified the gentlemen from Zanzibar. Councilmember Bolkcom asked what did Ms. Skogen say when he called her? Mr. Bisek replied she did not think it was a good idea, but thought that notifying them that they were not going to be operating there was a good idea. Councilmember Bolkcom said he never received any letter from the City of Fridley. Mr. Bisek replied, no. He said he would just put up their own signs. They put them up. That night he believed they had eight of their own security people at the building to make sure to let any patrons for Klub Zanzibar know they were no longer operating there. Councilmember Bolkcom said when he says, "operating there," she gets a little confused because she is hearing him say that everyone who was employed and working at his establishment were Baggan's Pub employees. Mr. Bisek replied, that was customers. The clientele would be coming out and expecting to have dance music. It was just to notify them. Councilmember Bolkcom asked so they could still come to his establishment? Mr. Bisek replied, yes, they could have come into the pub side. It was just that the north end of the building was locked up. Councilmember Bolkcom asked, so has it been closed since the situation that happened there on July 27. Mr. Bisek replied, yes. The signs were put up. Councilmember Bolkcom asked so where do we go from here. Mr. Bisek replied, he has had a lot of discussions with Jeremy and Antonio. The building is still for sale. The gentlemen from Zanzibar still have every right to purchase the property, but they do not have every right to run the type of venue that he believed they wanted to initially run there after this incident. Councilmember Bolkcom asked so when he says run, he means basically to bring in their music, and bringing in their music would bring in their clientele. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 16 Mr. Bisek replied, yes, or if they could somehow prove that running that type of venue is not going to cause problems. If he could explain something to show he really felt confident this was going to be an organization that would be able to run without any problems, back in the first part of maybe even the middle of July, he was helping them coordinate an African festival in the parking lot. It is a festival that has gone on for a number of years. Councilmember Bolkcom asked in the Baggan's Pub parking lot. Mr. Bisek replied, yes. He called Deb Skogen to ask about ordinances and what they would have to do, because when the festival people first approached them, they were basically a month out. It was actually scheduled to be this weekend. There is no alcohol outside. There would be food vendors with different types of cultural foods and some bands. It would be a very family- oriented event that went on during the day on Saturday. Part of their plan was to keep the Baggan's Pub side operating as is and do more of the African-type stuff on the north end of the building. Councilmember Bolkcom asked Mr. Bisek if he is aware of Chapter 603 and delinquent taxes related to bond issues and his liquor license. Mr. Bisek replied, he was aware of the delinquent taxes. For the taxes for the second half of 2007, he thought that payment was made. Apparently it was returned from the bank. He was not aware. Councilmember Bolkcom asked how long ago that was. Mr. Bisek replied, Deb just informed him of that when he met with her. Councilmember Bolkcom stated that was for the second half. He was well aware of the first half of this year. Mr. Bisek replied, for this year, yes, he has not paid that yet. Councilmember Bolkcom asked if there were any employees from the other establishment, Klub Africa, not working as employees of Baggan's Pub, does that violate what originally was established back when Baggan's Pub received their liquor license. Attorney Knaak replied, it could. It depends on the nature of the relationship and the ownership. If you have two entities operating there, that would be a violation. One of the issues is whether, for example, as you are doing the revenue calculations what, if any, revenue is being generated by the dinner theater. He thinks originally the plan was the food sales in the dinner theater would count towards the license. But this was all part of the very specific agreement. Attorney Knaak stated part of the issue of the ownership questions is revenue. In the initial police reviews and reports of the incident, there were a number of interesting admissions including, he thinks from the owner's son who indicated to a police officer that Klub Africa put FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 17 down some money and they pay the mortgage on the north half of the building. The liquor is sold under Baggan's liquor license with Baggan's bartenders, and Baggan's gets all the profits from the liquor sales and a percentage of the door fee to get in which evidently was $10 to $15. Some revenue arrangement must have been made with the new entity. How that would be calculated and factored in are all things that are ordinarily considered at the application phase. Attorney Knaak said someone on site had spoken to a manager (again, these are statements made to the police) that the room is leased to Klub Africa, the same people who own Klub Africa in Brooklyn Park, security is from Klub Africa, and the manager works for Klub Africa. This is relevant, because there are very specific regulations about who regulates a license. There were other observations and admissions that bartenders are from Baggan's Pub, our club gets busy at midnight, observed no people under 21, and it appears the beer girls with the tubs are from Klub Africa. This was actually over the course of several evenings. Another evening when they went there they reported that the north half is leased out to Klub Africa, and they use Baggan's liquor license, the bartenders on the north end of the building, otherwise known as the Klub Africa. A police officer observed that the manager of Klub Africa was always checking in with the bartenders and bouncers of the sports bar, and even told the sports bar bouncer, just to do his job and not to worry about anything else as some people with no identification were attempting to get in but were rej ected. Attorney Knaak stated these observations from the police officers and admissions all raise very significant questions with respect to the issues that are normally resolved before an application is even granted. There appear to have been changes since the application and there is an indication that there was a significant change in management, and that is the basis for our review. He asked how the revenue sharing was supposed to occur. He asked Mr. Bisek was he receiving funds based on cover charges. Mr. Bisek said to clarify this, when he is speaking of the managers, he certainly believed and was 99.9 percent certain of this is that it was the new owners. Councilmember Bolkcom commented, "potential" new owners. Mr. Bisek replied the potential new owners were there during the evening. They were there as potential new owners overseeing things. Councilmember Bolkcom asked, what does he mean by overseeing things? Mr. Bisek replied just being there and being a part of the business they wanted to purchase. They were not to be giving any direction to his staff and not in any way give any direction on how things were going to run. They had numerous meetings where he would tell them we have to do this, we have to do this, and they wanted this. As far as all the money generated on the Saturday nights they were over there, all that money was going into Baggan's account. It was all accounted for. They were not paying him a lease. Starting June 1, he said he was keeping books that would have been more specifically for them to learn the business. As far as any of the liquor purchased and all the employees, that was all through Baggan's. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 18 Councilmember Bolkcom asked so there was no revenue sharing at any point up to now? Mr. Bisek replied, no. Councilmember Bolkcom asked so that is a perception by some of the people that were interviewed by our police officer. Mr. Bisek replied, yes. Attorney Knaak asked him if he was aware that people who are in management at these kinds of facilities have to be licensed managers. Mr. Bisek replied, in Fridley, yes. Attorney Knaak said so he is saying that none of these people who were identified as managers were managers in the sense of the Fridley ordinance Mr. Bisek replied, technically, yes. When the license came up for renewal, they would have been added to the manager list that is required by Fridley. Attorney Knaak said but he agrees that they were the people who the officers were in there talking to. Mr. Bisek replied, correct. Attorney Knaak stated and certainly some of the staff people were thinking they were managers. Mr. Bisek replied, because he has never been one big on titles. He does not even like calling himself an owner. He does whatever needs to be done. He always thinks titles are a convenient tool for people to hide behind. Attorney Knaak said but he certainly understands that Fridley has these requirements in its ordinance he has to comply with. Somebody said there was a cover charge of about $10 to $15 to get in. Was that ever the case that he is aware of? Mr. Bisek replied, yes, $10. Attorney Knaak asked if Baggan's received that money? Was it in a separate account somewhere so it can be accounted for when he does his report? If the City were to come in and look at his books would they be able to see that as separate revenue? How is it accounted for? Mr. Bisek said it all goes in the same account but the ledger shows door money. In the journal, it is put in there as door money. Councilmember Bolkcom stated it seems like the water got pretty muddy there. There were FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 19 potential owners coming in, sometimes Mr. Bisek was there, sometimes Jeremy was the manager and someone else was the acting manager. She thinks they are pretty clear that there are steps to go through in being a manager where there is a liquor license. She can see where some of the employees of Baggan's could be a little confused. Most of those people at one point would have been in your establishment--350 people or even 100 additional people that were coming over at a certain time of night. Mr. Bisek stated that one particular night was an exception to the rule as far as the amount of people. Also, when you do a sale like this you try and keep it quiet. Councilmember Saefke said it was his understanding that Mr. Bisek had control over both sides of his business. Mr. Bisek replied, yes. Councilmember Saefke asked who hired the band. Mr. Bisek replied, it was a DJ. Councilmember Saefke asked who hired the DJ. Mr. Bisek replied it was a DJ that Klub Zanzibar was using at Brooklyn Park. Councilmember Saefke said so they hired him. Where did the money come from to pay the DJ. Mr. Bisek replied, from the door money. Councilmember Saefke asked which came out of Baggan's Pub. Mr. Bisek replied, yes. Councilmember Saefke asked, so the money came from Baggan's Pub but he did not hire the DJ. Mr. Bisek replied, it was their DJ. He interview the DJ. Councilmember Saefke said it seems that Mr. Bisek is trying to make it sound like he was in total control over both sides and that is the way it should have been under his liquor license. It seems, however, that Klub Zanzibar or Klub Africa was of operating under their own steam. They hired their own entertainment and they had their own bouncers. The thing that bothered him reading the police report is that there was not a whole lot of help from the bouncers during the maj or altercation. Mr. Bisek replied, correct. Councilmember Saefke stated that concerns him a lot. If you have bouncers they are supposed FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 20 to keep order and get rid of people who are creating problems before they become major problems. Apparently it became a major problem because the bouncers were kind of ignoring the problem and that took officers off the streets that they are supposed to be protecting and concentrated them on one location. Thirty-seven squad cars is an entire fleet. He does not want to see that happening any longer. Sha� was down there at one time and that created a big problem. Even though he was not on the Council when Mr. Bisek's license was being promoted, he sat out there listening and he thought it was made very, very clear that we did not want another Sha� there. Mr. Bisek replied, and it was the last thing in the world that he wanted, too. Councilmember Saefke stated he does not think even at Sha� they had 37 squad cars there. He asked Chief Abbott if they had. Chief Abbott replied, there were nights at Sha� where they had many, many squads and he would say they were probably approaching numbers in the 30's. Councilmember Saefke stated which was unacceptable then and is unacceptable now. Mayor Pro Tem Barnette asked if Rum Runners was currently open. Mr. Bisek stated, he believed it was, yes. Mayor Pro Tem Barnette asked, and Klub Zanzibar is still operating there. Mr. Bisek replied, he believed so, yes. Mayor Pro Tem Barnette asked if they close there at midnight? Mr. Bisek replied, to the best of his knowledge, they only have a 1 a.m. liquor license. Mayor Pro Tem Barnette stated it sounds like the altercation on July 27 happened at the 2:00 a.m. closing time. He asked whether the 200 to 300 people in the parking lot had been in attendance at Klub Zanzibar in his building prior to that or did the altercation just take place in the parking lot. Mr. Bisek said he believes they were inside the building beforehand. Mayor Pro Tem Barnette stated and they had no problems inside? The problems occurred outside? Mr. Bisek said it is his understanding that as people were leaving, one girl took another's cell phone. After that, he was not sure what happened. Mayor Pro Tem Barnette asked if the maj ority of those people involved in the altercation were outside. They had been in the building let's say from 10 o'clock or whatever time period and FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 21 nothing went on inside. Antonio Love, Champlin, Minnesota, replied, in both sides and not one incident occurred. Mayor Pro Tem Barnette asked and it occurred as they were leaving. Mr. Love replied, to the best of his knowledge, it was at the southwest end of the parking lot. Mayor Pro Tem Barnette asked Mr. Love if he was outside at the time of this activity. Mr. Love replied, he was indoors at the time, doing their end of the night activity. He heard police cars, went to the door, and realized there were police officers all over the parking lot. At that time most of their security guards were escorting people out. One of the officers had instructed him to talk to the officer who was in charge at the time. At the time the officer asked him to identify their security guards. He believed they had 12 security guards that night and identified them with security t-shirts from the Zanzibar side and 2 from the pub side with red security hats on. At that time, the officer instructed him to take their security staff and bring them back inside. One of the officers asked to do a walk-thru at about 2:20 a.m. Officers walked around the entire facility and said everything was clear. They asked him to identify all the employees which he did. They then went outside to continue to control the situation. Councilmember Bolkcom said the security guards were from Zanzibar, and they were all employees of Baggan's Pub and some of them were working on one side versus the other. Mr. Love replied, yes. Councilmember Bolkcom asked if it was their normal routine to have their security guards outside if there was some activity going on. Mr. Love stated at 2 a.m. they turn the lights on and usher people out the door. They make sure two security guards are posted at their exit points and try to confiscate any and all bottles that are being taken out of the building. That is first and foremost. Everyone else is outside escorting and ushering people to their vehicles and trying to get them out of the parking lot. Councilmember Bolkcom stated the activity sounds like it might have been escalating. She asked if someone would have contacted the manager. Mr. Love replied, they were trying to control the situation as best as they possibly could. When the situation escalated, which happened relatively quickly from 2:00 until 2:20, someone came and got him and told him there was a large fight outside. Councilmember Bolkcom asked what type of activity they would have called the police about. Mr. Love replied, if there were any activities that they could not separate or have people go on about their business. If there were lingering issues or if there were any fights where they felt they needed to detain someone for the police. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 22 Councilmember Bolkcom said so you do not normally or routinely instruct your security guards not to call the police because you do not want any trouble. Mr. Love replied, he does not instruct them. If there is ever a situation where they have to call the police, they do it without hesitation. Councilmember Bolkcom asked so what about the comment, "Do not call the police because we can get in trouble?" Mr. Love replied, up until the incident that happened that particular day, he has never heard that comment. He did not hear it until he got the report that Mr. Bisek had. Attorney Knaak stated to Mr. Love, there were 12 security people and they were all Baggan's employees and 2 were on the Baggan's side and 10 were on the Zanzibar side. Who was in charge of that security? Mr. Love replied, the Zanzibar owners had a gentleman by the name of "Jeffl' who represents their security staff. He does not know his last name. Attorney Knaak asked when they are talking about the 10 people as Baggan's employees. Mr. Love replied, they were contracted to Baggan's. Attorney Knaak asked, okay, but they were at least originally Zanzibar employees? Mr. Love replied, they knew the crowd better than our security staff did. Attorney Knaak asked who Jeff answered to. Mr. Love replied, he answered to himself and the owners of the company of Zanzibar. Attorney Knaak asked who was the on-site manager. Mr. Love replied, he was acting as the manager. If there were any questions or anything, Mr. Bisek had instructed him to be the go-to person. Attorney Knaak asked if the security people had any questions, who had the final authority. Mr. Love replied either himself or one of the gentlemen who was representing Zanzibar who was constantly there on a regular basis. Attorney Knaak asked if there was any disagreement, who was the final decision-maker, or did he have 100 percent vote. Mr. Love replied, he would be. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 23 Attorney Knaak asked if there were any other conflicts that night. Mr. Love replied, none inside of the building and none he was made aware of until after 2:00 a. m. Attorney Knaak asked if there were any problems in terms of direction of personnel. Mr. Love replied, no. Councilmember Bolkcom asked if they were to go back and look at the liquor license for Baggan's Pub, is he listed as a manager. Mr. Love replied, he believes he is now, yes. Councilmember Bolkcom asked "now" meaning? Mr. Love said as of June 17 or July 17. Councilmember Bolkcom asked about the conflict with the two sides. Mr. Bisek replied, when they talk about the Klub Zanzibar side and the Baggan's side, that is just more of a demographic. It is a distinction between the employees as to okay, you are working the pub side tonight or you are working the Oops side tonight. Councilmember Bolkcom stated some of these people were subcontracted from the other club, so do they operate under your rules or the other club's rules. Mr. Bisek stated they operate under his rules and in fact with the new possible ownership, one of the things he had been talking with them about is to establish an employee manual with policies and procedures for all employees to follow. Councilmember Bolkcom asked Mr. Bisek whether he had an employee handbook when he subcontracted these security guards. Mr. Bisek replied he does not have a specific one for security because they have not had a need for it. Councilmember Bolkcom asked does he have one for all his employees. Mr. Bisek replied, yes. Councilmember Bolkcom asked so the security subcontracted from Zanzibar, they were aware of your guidebook or whatever you want to call it that your own employees on a regular basis see. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 24 Mr. Bisek replied, more likely not. One thing that he was working with Antonio with was putting together an employee handbook for security. That is something he has not had issues with. All the security they have is very experienced. There are background checks done, they come with resumes, but he still understands they need a handbook Mr. Love had a meeting set up with all their security staff for he believed the Wednesday after the 27th so that everyone would know what he expected from security. He said he needed to clarify that under the list of managers on his liquor application, Mr. Love is not currently listed. He was going to add him to the list when the renewal process happened. Councilmember Bolkcom asked if he was aware of the policies related to liquor managers. Mr. Bisek replied, not in specifics. Councilmember Bolkcom asked Mr. Bisek who is responsible for knowing what he should and should not be doing? Mr. Bisek said he was. Councilmember Bolkcom asked what he planned to do from this point. He is not operating at all under the liquor license he had applied for. Mr. Bisek said he is responsible for everything that has happened in the past and everything that will happen in the future until there is a change in ownership. Any mistakes that have been made ultimately are his responsibility. Right now they are just operating the pub side. As far as the north half of the room, they have been looking at other options. If the gentlemen from Klub Zanzibar want to continue on with the sale of the property, then the City will be speaking to them as to what their business plan is going to be and what they want to do with the property. Looking at the fact the sale might not happen, he needs to determine what they can do to generate enough income to be a viable business at that location, because just running the pub side does not generate enough income to make the business not only profitable but for the business to succeed. Councilmember Bolkcom asked when his taxes would be paid. She said they are both delinquent at this point. Mr. Bisek replied the 2008 does not have to be paid until October 15. Mr. Pribyl replied, both are actually due. Mr. Bisek replied, he should be able to have both taken care of within a couple of weeks. Councilmember Bolkcom said she wanted to make sure the representatives from Zanzibar who are here are very aware that this is Mr. Bisek's establishment, his liquor license, and they cannot operate under his liquor license. If they buy the establishment they still have to come before the City Council for their liquor license. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 25 Mr. Bisek replied, correct. Dr. Burns stated there was apparently a substantial sum of money placed in Mr. Bisek's hands by Klub Zanzibar and there is some sort of contractual relationship regarding their use of the north end of the building. Mr. Bisek replied there is nothing contractual about them using the north end of the building. The only paperwork that was drawn up was for the purchase of the property. Dr. Burns asked so the down payment does not compromise his ability to control the north half of the building? Mr. Bisek replied, no, but said he though that was a question for the attorneys. Councilmember Varichak asked him how often he was at his establishment. Mr. Bisek said he was down to about 40 hours a week. Councilmember Varichak asked when Zanzibar was coming in on Saturdays, was there an entrance for them to come in and an entrance for Baggan's side to come in. Mr. Bisek replied, yes, there are two different entrances. Councilmember Varichak asked and there was crossover. Mr. Bisek replied they could eat on the other side also. Councilmember Varichak asked how many people does that place hold? Mr. Bisek asked, the north side? Councilmember Varichak replied, yes. Mr. Bisek replied, about 400. Councilmember Varichak asked so it was not uncommon to have 400 people? Mr. Bisek replied, they have never had a crowd that big. That night was an exception. Councilmember Varichak asked is the music played steady all night or are there breaks. Mr. Bisek replied, he does not know. He was never involved. He was never in the room when they were operating. Councilmember Varichak asked so he had negotiated this company to come in and do Saturdays and he never ever went one time to that establishment when they were there. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 26 Mr. Bisek replied, it was set up as a sale and he is not a big nightlife kind of a person. He relied on reports from Mr. Love and Jeremy. Generally, the crowd would not show up until 11:30 or 12:00. Councilmember Varichak stated she is just curious because he looked for an establishment to come into his facility to help with money and then did not even go and see them operate. Mr. Bisek said he was relying on the Council minute meetings from the City of Brooklyn Park and reports from their police department as to any issues or problems they were having over there. Dixon Allebay, 2101 — 82"d Avenue North, Brooklyn Park, Zanzibar d/b/a Klub Africa, said he wanted to follow-up on some issues. Mr. Bisek was aware when he was applying for this license, what the building would be used for. He received some information from the City Clerk that said they told Mr. Bisek he should not operate a night club or anything like Sha�. Councilmember Bolkcom said they do not have liquor establishments. The City has establishments that have liquor licenses to sell intoxicating beverages. The City has a food-to- liquor license ratio. They are not treating Mr. Bisek any different from any other establishment that sells intoxicating liquors. Related to the managers, it is very well spelled out what needs to be done to be a manager. She said she believed it was outlined in Chapter 603. She asked him if he was in the parking lot the night of the incident. Mr. Allebay said he was. Councilmember Bolkcom asked him if he would say there was peace in that parking lot. Mr. Allebay said with 300 people coming out at one time, definitely there could be crowd worries. Councilmember Bolkcom asked and whose responsibility is that to control that crowd.? Mr. Allebay said their security. Attorney Knaak stated this gentleman is not actually the licensee and the information he has provided has some relevance in terms of the occurrences of that evening. He said he does not know if there is any additional relevance with respect to this hearing and he does not know if they want to get ahead of themselves when he really does not have an application before them. Councilmember Bolkcom stated wanted to make sure that Mr. Bisek and the representatives realized that the liquor license still is in Mr. Bisek's hands and it should be controlled by him. Attorney Knaak stated there have been a number of factors that have been raised for staff analysis, questions that require further accounting, further examination of books and records, and some additional investigation to fully complete this record before they make a decision. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 27 Mr. Pribyl stated based on the investigation they need to actually conduct with the license holder, it should probably be tabled for possibly two more meetings. He said he would actually like talk with whatever accounting firm or CPA they actually use and work with that individual to see what kind of records they have. Attorney Knaak stated the City does have the authority to access and review any and all information, books, or computer sheets. It is one of the conditions that municipalities are authorized to do. What is unusual is a circumstance like this where an event precipitated what would normally be a routine pattern of reporting. The City does have the authority to request the information necessary to properly reinforce it. Councilmember Bolkcom said they also need to clear up the matter of the managers, the bond forfeiture, and the fact that within two weeks, the delinquent taxes would be paid. Dr. Burns asked Attorney Knaak if they have the ability to ask Mr. Bisek if he does choose to open up the north end of the building that he advise our Police Department of that decision. Attorney Knaak replied, that would be a very good idea. But right now he has the authority to operate a liquor license there as it was originally granted. So, for example, if something like the dinner theater came in, he would have the authority under the current license to do that. MOTION by Commissioner Bolkcom to continue the public hearing until September 15, 2008. Seconded by Commissioner Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 6A. Approve the Minutes of the City Council Meeting of July 28, 2008. Councilmember Bolkcom said on page 8 of the minutes she had asked what "muck" was and Mr. Kosluchar told her what it was. She does not think the minutes reflect their conversation. She would like staff to review the tape from the meeting. MOTION by Councilmember Bolkcom to table the approval of the minutes until the Council meeting on August 25, 2008. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Receive Plans and Authorize Advertisement for Bids for the 85t'' Avenue Trail Project, City of Fridley Project Number ST2008-03. Councilmember Bolkcom asked if they have seen the plans for this project. She saw them a FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 28 long time ago and there was a lot of discussion. She asked if it would hold up if this was tabled. Mr. Kosluchar said if there is an interest in reviewing the plans he would be glad to sit down with her. It is more a practicality that they do not include the plans which are about 40 sheets in the agenda packet. He also thinks there is some flexibility in the schedule. If Council wants to review the plans and review this item at the next meeting that would be fine. Councilmember Bolkcom stated there has been a lot of discussion and part of her concern is they have talked about Anoka County and where they wanted to build the trail because they plan on extending every county road they have in our community. She guessed the other issue is related to Coon Rapids. She would like to see a plan and what it is going to look like. Dr. Burns stated he is just concerned with the loss of federal money. If they put this off to go out for bids they lose the money for the proj ect. Councilmember Bolkcom stated the project would be advertising for bidding not until September 4. Mayor Pro Tem Barnette suggested that they bring this back at the August 25 meeting. Dr. Burns stated that is fine as long as Mr. Kosluchar is sure we are not going to jeopardize our money. MOTION by Councilmember Bolkcom to table this item until August 25, 2008. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive Plans and Authorize Advertisement for Bids for Commons Park Water Treatment Plant Improvements, City of Fridley Project No. 379. Councilmember Bolkcom stated she has been asked why they had not been replacing these filters. Part of her response was that she did not think they had the money at that point and the ability to raise the money and have to actually go out and bond. She asked if they were all kind of put in at the same time because it said they last 15 to 20 years. She asked if that was something they would normally have put in some type of capital improvement plans over the years. Councilmember Saefke said when he was still working in the Water Department, they redid Filter Nos. 6 and 7 to make them more efficient. At that there was not enough money to replace the filter media and the first five filters. They were all replaced at the same time, so their useful life is used up right now. He noticed that the estimate for the cost is a little bit above what the engineer decided; however, on the painting of Water Tower No. 2 at Highway 65, we are $300,000 less than the original estimate of $1.1 million so he is not too concerned about the $27,000 extra as far as cost is concerned. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 29 Councilmember Bolkcom asked if someone could explain retrofitting. Mr. Kosluchar said they are not really sure what the cost is going to be to maintain that air system. If the price comes in fairly low, they may go with maintaining the system. Initial indications are that it is too expensive to continue. They did not keep that system in the initial two-filter retrofit. Councilmember Saefke stated since his tenure in the Water Department, a new type of filter media has been developed. He thought the idea of leaving the air system in place was that someday, if you needed the air system, you still have it. Councilmember Bolkcom asked when they get the bids, will they have a better idea of what the cost will be. Mr. Kosluchar replied, actually staff is working on that right now in preparing the bids and are going to evaluate them when they come in. Councilmember Bolkcom asked what it did for her water at home. Mr. Kosluchar said saving power and time is more efficient. The main emphasis is going another 20 years. Dr. Burns stated he thinks the filter media that is there now is not really filtering the water effectively. So they should improve the quality of our water by replacing the filter media. MOTION by Councilmember Bolkcom to receive the plans and authorize advertisement for bids for Commons Park Water Treatment Plant Improvements, City of Fridley Project No. 379. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Informal Status Reports Councilmember Varichak commented on National Night Out. They had a lot of neighborhood parties. She thanked the supporters and staff for a great job. Mayor Pro Tem Barnette stated he has the honor of being on the Northstar Corridor Development Authority Executive Board and he attended a meeting last Thursday. They have been working very hard for the last 11 years to get the Fridley station. He credited Steve Billings who did a lot of work before he did. They received word last Thursday from the Federal Transportation Administration that Fridley does now have the authority to open their station, along with the other five stations. It looks like we will get the Fridley station operating in November of 2009. FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2008 PAGE 30 ADJOURN. MOTION by Councilmember Varichak, seconded by Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MEETING ADJOURNED AT 10:24 P.M. Respectfully submitted by, Denise M. Johnson Robert L. Barnette Recording Secretary Mayor Pro Tem � � CffY OF FRIDLEY TO FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director August 25, 2008 PW08-030 SUBJECT: Receive Plans and Authorize Advertisement for Bids for the 85t" Avenue Trail Project, City of Fridley Project Number ST2008-03 (Tabled from the August 11, 2008 Meeting) This item was tabled previously at the August 11, 2008 Meeting, as the City Council desired additional time to review the plans. Since that time, the City Council has had an opportunity to review plans and a portion of the site where this work is to be completed. In 2001, the City of Fridley made a successful Federal Transportation Enhancement Funding Application for the 85th Avenue Trail Project between TH 47 and the BNSF railroad tracks along the northerly boundary of Fridley. The proposed project completes City of Fridley's portion of a link in the area's trail system that will connect the Mississippi River Regional Trail to the Northtown Transit Hub and surrounding commercial area. In general, work includes improved safety for non-motorized vehicles at the Burlington Northern Santa Fe (BNSF) rail crossing with an approved crossing area, paved bituminous path, and pile supported bridge sections to span sensitive wetland areas. The project is located along the south side of 85th Avenue from the west side of the BNSF Railroad Tracks to University Avenue. The project includes additional enhancements such as signed rest areas, bicycle racks, and refuse containers. The project has been held up for multiple years in negotiating approvals from BNSF (for the rail crossing) and Anoka County. Final easements and approvals were obtained in the fall of 2007; however, we did not have funds set aside for the City's match to begin construction at that time. Original estimates for the project in 2001 was $1,000,000, with 80% funding through the enhancement grant and 20% City matching funds. The estimate based on the project plans is currently $1,150,000 for construction. The project dollars are still funded at the 80/20 split. The amount for this project in the 2009 draft budget is $250,000 to cover the City's match. The original match was budgeted for 2002 and the intent since that time was to provide matching funds from the City's MSAS account. We were advised by M N DOT that the local (discretionary) portion of the City's MSAS funds would have to be used for this match. Wth ongoing street reconstruction projects in 2008, we were unable to lever these discretionary matching funds. Starting in 2009, these discretionary funds become available. Our engineering consultant, Bonestroo, has completed the design and are now reviewing what needs to be adjusted for the new schedule. The project would be advertised for bidding on September 4 with a bid opening date of October 2, 2008. Construction would commence in November, with a portion of the work completed over the winter, which is beneficial in 1) protecting sensitive wetland areas within Springbrook Nature Center, and 2) providing economy in construction. The completion date would be at the end of July 2009. Engineering has reviewed the plans with Springbrook Nature Center and Recreation Staff. On Monday, August 4, we reviewed the project with the Park and Recreation Board, who voted to support this improvement. We would like authorization to schedule bid advertisement for the 85th Avenue Trail at the beginning of September. The intent is to bid the work prior to jeopardizing Federal grant funding. MNDOT administers this funding and has in conversation advised that we are at risk of losing the funding if we do not bid the project soon. Engineering staff recommends the City Council approve a motion to receive plans and authorize advertisement for bids for the 85th Avenue Trail Project, City of Fridley Project Number ST2008-03. JPK:jpk � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant August 15, 2008 RESOLUTION CERTIFYING THE PROPOSED TAX LEVY REQUIREMENTS FOR 2009 TO ANOKA COUNTY In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying the proposed tax levy requirements to the Anoka County Auditor. It is due to the County Auditor on or before September 15. The staff is recommending a 2009 proposed tax levy of $9,472,787. This is the maximum levy allowed by the state. This levy is $54,646 or .57% less than last year. However, with the increase in LGA, you can see from the table below that we do come out ahead. 2008 2009 Difference % Chan�e 722,306 1,332,853 610,547 84.53% LGA 9,527,433 9,472,787 -54,646 -0.57% Levy 10,249,739 10,805,640 555,901 5.42% Total We request the City Council pass the attached resolution to certify the proposed tax levy requirements. RESOLUTION NO. 2008 - A RESOLUTION CERTIFYING PROPOSED TAX LEVYREQUIREMENTS FOR 2009 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax levy requirements to the County Auditor on or before September 15; and NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka, State of Minnesota, the following proposed tax levy to be levied in 2008 for the year 2009: GENERAL FUND General Fund CAPITAL PRO7ECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization MARI�ET VALUE BASED REFERENDUM LEVY Springbrook Nature Center BONDED INDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) 2006A GO Improvement Bonds (Streets 2006) 2007A GO Improvement Bonds (Streets 2007) 2008A GO Improvement Bonds (Streets 2008) TOTAL ALL FUNDS $ 8,352,774 107,300 6,200 $ 302,900 170,113 201,400 184, 600 147, 500 $ 9,472,787 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th DAY OF AUGUST, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � �ffY �F FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant August 15, 2008 Resolution Adopting Proposed Budget For Fiscal Year 2009 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2009 proposed budget. Chapter 275 requires the City to certify a proposed budget to the County Auditor on or before September 15. We request the City Council pass the attached resolution and adopt the 2009 proposed budget. Remember that the levy resolution must be adopted prior to adopting the budget. RESOLUTION NO. 2008 - A RESOLUTION ADOPTING PROPOSED BUDGET FOR FISCAL YEAR 2009 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275.065, subd. 6 of Minnesota Statutes requires that the City shall hold a public hearing to adopt its final budget; and WHEREAS, the City Council will hold a public hearing on December 8, 2008 before determining a final budget; NOW THEREFORE, BE IT RESOLVED that the following proposed budget be adopted and approved: ESTIMATED REVENUE GENERAL FUND Taxes Current Ad Valorem Delinquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federal State: Local Government Aid All Other Charges for Services: General Government Public Safety Public Works Community Development Recreation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets LiquorFund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND Legislative: $ 8,352,774 City Council City Management: 78,000 General Management Human Resources 207,400 Legal 482,200 Finance: Elections 7,000 Accounting 1,332,853 Assessing 657,482 MIS City Clerk/Records 1,028,700 227,200 50,600 10,000 262,000 250,000 14, 500 190,000 204,600 0 500,000 250,000 14,105,309 847,611 $ 14,952,920 Police: Police Emergency Management Fire: Fire Rental Inspections Public Warks: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation: Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 121,636 289,764 208,470 412,460 3,109 756,858 197,919 287,754 179,779 5,238,096 23,556 1,318,782 150,832 281,042 559,410 258,050 1,062,260 1,194,987 460,037 953,670 350,798 471,901 100,000 71,750 $ 14,952,920 Resolution No. 2008- SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Springbrook NC Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUND Capital Improvement Fund General Capital Improvement Streets Capital Improvement Parks Capital Improvement Fund Balance $ 251,000 114,149 487,272 391,300 (107,767) $ 1,135,954 $ 16, 872 790,477 179,042 571.609 TOTAL CAPITAL PROJECTS FUND $ 1,558,000 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS 6,200 $ 6,200 $ 17,653,074 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Springbrook NC Fund Fund Balance General Capital Improvement Streets Capital Improvement Parks Capital Improvement Six Cities Watershed Page 2 $ 155,495 114,149 487,272 379,038 0 $ 1,135,954 $ 108,000 1,253,000 197,000 $ 1,558,000 6,200 $ 6,200 $ 17,653,074 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF AUGUST, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM COUNCIL MEETING OF AUGUST 25, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODICIATIONS TO THE 2008 BUDGET DATE: AUGUST 1, 2008 Attached you will find a resolution amending appropriations to the 2008 budget in accordance with the City Charter. The adjustments listed have arisen as a result of various donations, unforeseen expenditures and revenues, and reclassification of account codlings. You have formally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment Resolution No. 2008 - A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2008 BUDGET FOR JANUARY THRU JULY, 2008 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 service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2008. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the following funds will be amended as follows: REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Emergency Mgm't-Reimbursement Fire-Reimbursement Fire-Donation Fire-Donation Fire-Donation Recreation-Donation Recreation-Donation APPROPRIATION ADJUSTMENTS Police-Other Services & Charges Police-Other Services & Charges Police-Supplies Police-Personal Services Police-Personal Services Police-Supplies Police-Personal Services Emergency Mgm't-Supplies Fire-Personal Services Fire-Personal Services Fire-Other Servives & Charges Fire-Supplies Fire-Supplies GENERAL FUND 150 750 1,462 2,262 2,400 3,160 14,807 3,275 3,209 1,500 2,500 4,000 1,550 7,000 48,025 City of Blaine PD Anoka County Anoka County Federal Grant Anoka County Federal Grant Federal Grant Federal Grant North Metro CAT Walmart Center Pointe Energy Fridley Lions Various Organizations Medtron ics 150 Gun Range Rental 750 Detox Transport 1,462 DARE 2,262 Safe & Sober 2,400 Drug Task Force 1st & 2nd Qtr. 3,160 Bullet Proof Vests 14,807 Operation Night Cap 3,275 Operating Supplies 2,415 Full-Time 207 POC Lawncare & Satellite 587 Service 1,500 Rescue Supplies 2,500 Protection Clothing Fire-Supplies Recreation-Other Servives & Charges Recreation-Supplies 4,000 1,550 7,000 48,025 Small Tools & Minor Equipment Wnter Festival 49er's Days Festival PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th DAY OF AUGUST, 2008. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director August 25, 2008 Draft Wellhead Protection Plan PW08-031 In 2002, Fridley's Phase I Wellhead Protection Plan was completed. This plan included a delineation of wellhead protection areas, definitions of drinking water source monitoring areas, and a vulnerability assessment. Staff has been working toward completion of a Part 2 Wellhead Protection (WHP) Plan since that time. The ultimate goal of this wellhead protection plan is the adequate quantity and sustained quality of water for the City's water supply system. Work included the following efforts: • Coordination with the Minnesota Department of Health to determine the relevant data elements to be collected. • Conducting a Contaminant Source Inventory. • Identifying the Impact to Expected Changes to Land and Water Resources on the Public Water Supply. • Identifying Issues, Problems, and Opportunities. • Establishing WHP Goals. • Developing Objectives and a Plan of Action for reaching these goals. • Identifying a Strategy to Evaluate the future Effectiveness of the WHP Protection Measures. Much of this groundwork was completed by Jon Haukaas and Public Works staff. The City had assistance with the plan, modeling, and data collection from Anoka County Environmental Services and the Minnesota Department of Health. Minnesota Department of Health is performing a preliminary review of the plan at this time. Our next step is to distribute the draft plan to provide an opportunity for public and local government comment. To maintain our required schedule of plan adoption by the end of 2007, this comment period must start at the beginning of September. Additional modifications will be made prior to submittal of the final plan for approval by the Minnesota Department of Health. The full draft plan is over 100 pages, and is available at City Hall for the City Council's review. Some highlights of the Draft Plan are included in the attachment following. Recommend that the City Council authorizes distribution of the draft Wellhead Protection Plan for local government and public comment. Attachment JPK:jpk City of Fridley DRAFT WELLHEAD PROTECTION PLAN SUMMARY ASSESSMENT HIGHLIGHTS Quantity and Quality of Water There is a sufficient quantity of groundwater available to supply the City's system in the foreseeable future. However, long-term groundwater availability can not be taken for granted and must be evaluated periodically to determine if City or regional issues develop. Land Use and Surface Water and Groundwater Significant changes are not expected in land use or in surface water or groundwater resources. Commons Park Wellfield TCE Contamination Historic incidents with intermittent low-contaminant concentrations of TCE in four of the eight municipal wells in Commons Park represent an issue. The uncertainty of four of the City's thirteen wells to continued to provide acceptable drinking water quality could require the addition of water treatment, replacement well construction, or increased reliance upon the supply from interconnection with adjacent municipalities and the water treatment system at the Twin Cities Army Arsenal Plant. Because the TCE contamination has been below its MCL in all wells for several years, the current concentrations are considered protective of human health and the environment. However, uncertainty of the source of the contamination represents the potential for future impacts to the City's water supply. Other Wells Unused, old, abandoned, and improperly maintained wells pose a significant threat to City wells. Such wells can act as a conduit for introduction of contaminants directly into an aquifer. WELLHEAD PROTECTION GOALS SUMMARY Education Notify property owners and residents of the location and coverage of the City's Drinking Water Supply Management Area (DWSMA). Educate residents and businesses regarding proper handling, use, storage, and disposal of hazardous materials within the DWSMA. Management of Other Wells Cooperate with the MDH Well Management Program to seal all abandoned wells within the City's DWSMA. Cooperate with the MDH Well Management Program to monitor and maintain accurate records of the construction and maintenance of wells within the City. Contaminant Sources Regularly update the Potential Contaminant Source Inventory (PCSI), and determine the extent that potential contaminant sources are located inside the City's DWSMA. City Programs Integration Determine the compatibility of utilizing City land use and development programs to enhance wellhead protection. Integrate the Wellhead Protection Plan and its objectives into other City plans. Water Quality and Quantity Management Monitor the chemistry of the aquifer units providing water to City wells and investigate significant changes in water quality. Maintain water demand reduction activities to efficiently use the groundwater resources available to the City. Plan of Action The Wellhead Protection Goals are developed into a specific plan of action with timeframes to implement the goals of the plan. Evaluation Program The evaluation program will determine the progress of the City to implement its plan of action. � � CffY OF FRIaLEI' Date: To: From: Subiect: ACTION ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 August 21, 2008 William Burns, City Manager Paul Bolin, Asst. Executive HRA Director Resolution Declarina Structures Bliahted Due to on-going costs, liabilities, and the condition of the properties purchased for the future Gateway Northeast redevelopment project, Staff is recommending the buildings be demolished within the next few months. Prior to demolition both the HRA and City Council need to adopt a resolution declaring the properties blighted. In addition to displaying the depressing image of these vacant buildings on our busy thoroughfare, we continue to have problems with people breaking into the buildings and dumping garbage, furniture, and electronics on our sites. We also had an exterior stand pipe for the fire sprinklers in the newer Van-o-lite break and flood a portion of the building. Additionally, we have had to keep electricity running in the older Van-o-lite building and keep it heated as a result of an odd water line connection to the Tae-Kwan- Do Center. The City of Fridley's Chief Building Official recently performed an inspection and blight analysis of the properties currently owned by the HRA along University Avenue NE. The purpose of the inspection was to determine if the building met the statutory definition of "substandard". The substandard determination and the attached resolution, declaring the properties as such, will allow the HRA to demolish the buildings prior to the creation of a TIF District. While it seems unlikely that a large redevelopment project will happen within the next year, the approval of the attached resolution will allow the properties' inclusion in a future project. To include these blighted properties into a future TIF District, the district itself will need to be established within 3 years from the date of the actual demolition. If a project has not been identified, or is not yet ready to proceed, at the end of the 3rd year, the HRA will need to create the TIF District but may defer the collection of increment for an additional 4 years. In essence this gives the City and the HRA 7 years to move a project forward on these properties. Staff recommends the attached resolution be approved by Council. The HRA approved a similar resolution at their August 7t" meeting. RESOLUTION NO. 2008- A RESOLUTION DETERMINING THAT CERTAIN PARCELS ARE OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND ARE TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") has considered the acquisition and redevelopment of the parcels identified as follows (the "Parcels"): Address: 5865 University Ave. NE PIN: 23-30-24-24-0023 Address: 5945 University Ave. NE PIN: 23-30-24-21-0143 Address: 6005 University Ave. NE PIN: 23-30-24-21-0134 Address: 6041 University Ave. NE PIN: 23-30-24-21-0109 1.02 Minnesota Statutes, Section 469.174 etseq, as amended and supplemented from time to time (the "Tax Increment Act") provides for the establishment of a redevelopment tax increment financing district. The Tax Increment Act allows for the inclusion of parcels within a redevelopment district after substandard buildings have been removed by complying with Minnesota Statutes, Section 469.174, Subd. 10(d). Section 2. Findin�s. 2.01 The Council hereby finds that the acquisition and/or redevelopment of the Parcels further the goals and objectives of the Development Program. 2.02 The Council hereby finds that the Parcels are occupied by a structure or structures that are structurally substandard, as defined in the Tax Increment Act and described in the blight report on file with the City, and that the structure or structures must be demolished and removed from the Parcels. 2.03 The Council hereby finds that the Authority intends to demolish or cause to be demolished the substandard building or buildings and to prepare the Parcels for redevelopment. Resolution No. 2008- Section 3. Declaration of Intent. Page 2 3.01 The Council hereby declares its intent to include the Parcels within a redevelopment tax increment financing district and to file the request for certification of the Parcels as part of a district with the Anoka County Auditor within three years of when the Parcels were occupied by a substandard building or buildings. Section 4. Notice to Countv Auditor. 4.01 If the City establishes a tax increment financing district and includes the Parcels, then upon filing the request for the certification of the tax capacity of the Parcels as part of such district, the City shall notify the Anoka County Auditor that the original tax capacity of the Parcels must be adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1(f). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA THIS 25th DAY OF AUGUST, 2008. Scott J. Lund - Mayor ATTEST: Debra A. Skogen - City Clerk Page 1 - Resolution No. CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION DETERMINING THAT CERTAIN PARCELS ARE OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND ARE TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") has considered the acquisition and redevelopment of the parcels identified as follows (the "Parcels"): Address P1N: Address P1N: Address P1N: Address P1N: 5865 University Ave. NE 23 -3 0-24-24-0023 5945 University Ave. NE 23 -3 0-24-21-0143 6005 University Ave. NE 23-30-24-21-0134 6041 University Ave. NE 23 -3 0-24-21-0109 1.02 Minnesota Statutes, Section 469.174 etseq, as amended and supplemented from time to time (the "Tax Increment Act") provides for the establishment of a redevelopment tax increment financing district. The Tax Increment Act allows for the inclusion of parcels within a redevelopment district after substandard buildings have been removed by complying with Minnesota Statutes, Section 469.174, Subd. 10(d). Page 2 - Resolution No. Section 2. Findin�s. 2.01 The Council hereby finds that the acquisition and/or redevelopment of the Parcels further the goals and objectives of the Development Program. 2.02 The Council hereby finds that the Parcels are occupied by a structure or structures that are structurally substandard, as defined in the Tax Increment Act and described in the blight report on file with the City, and that the structure or structures must be demolished and removed from the Parcels. 2.03 The Council hereby finds that the Authority intends to demolish or cause to be demolished the substandard building or buildings and to prepare the Parcels for redevelopment. Section 3. Declaration of Intent. 3.01 The Council hereby declares its intent to include the Parcels within a redevelopment tax increment financing district and to file the request for certification of the Parcels as part of a district with the Anoka County Auditor within three years of when the Parcels were occupied by a substandard building or buildings. Section 4. Notice to Countv Auditor. 4.01 If the City establishes a tax increment financing district and includes the Parcels, then upon filing the request for the certification of the tax capacity of the Parcels as part of such district, the City shall notify the Anoka County Auditor that the original tax capacity of the Parcels must be adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1(f). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 25th DAY OF AUGUST, 2008. Mayor ATTEST: City Clerk Page 3 - Resolution No. KM: 4841-8349-6194, v. 1 � � �ffY �F FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director August 19, 2008 SUBJECT: 2009 Council Salaries Attached for first reading is an ordinance to increase Council salaries by three percent (3%) effective January 1, 2009. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter. The annual salaries for the Mayor and Councilmembers during 2009 shall be as follows: Mayor: Councilmemb er-at-Large: Councilmember (Wards I, II and III) $10,530.57 $ 8,649.68 $ 7,647.15 Staff recommends Council's approval of the first reading of this ordinance. Attachment ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJ[TSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2009 and subsequent years shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I Councilmember, Ward II Councilmember, Ward III $ 10,530.57 $ 8,649.68 $ 7,647.15 $ 7,647.15 $ 7,647.15 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full- time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF _ 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: � AGENDA ITEM � COUNCIL MEETING OF AUGUST 25, 2008 �ffY �F FRIDLEY CLAIMS 137953 -138130 � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 25, 2008 ��F LICENSES FRIDLEY Type of License Applicant Approved By: Massa e Thera Certificate Sarah E. Gibson for Cit Clerk Lifetime Fitness Public Safet Lawful Gamblin Permit G. Gre Bale o for Cit Clerk Totino-Grace High School Public Safety � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 25, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Cedar Management Commercial or Dennis Hazelton Ron Julkowski, CBO S ecialt Dalbec Roofin Roofin Mike Berent Ron Julkowski, CBO Home Valu Inc Commercial or Dean Ciccone Ron Julkowski, CBO Specialty Lund Martin Construction Commercial or Ryan Kuzula Ron Julkowski, CBO S ecialt Mobile Maintenance Inc Commercial or Stephen Witzel Ron Julkowski, CBO S ecialt Mobile Maintenance Inc Gas Ste hen Witzel Ron Julkowski, CBO Sharp Heating & Air Heating Floyd Joswick Ron Julkowski, CBO Conditionin Total Comfort Heatin Mand Guntzel Ron Julkowski, CBO Wellington Window Co Commercial or Beth Swenson Ron Julkowski, CBO S ecialt � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 August 20, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR #08-06, John Allen & Jeff Salzbrun for Industrial Equities M-07-24 INTRODUCTION Jeff Salzbrun on behalf of Industrial Equities LLP is seeking three sign variances in order to allow two free-standing monument signs to continue to exist on the property located at 5100- 5110 Main Street. • The first variance is to allow a second free-standing monument sign instead of the code required one. • The second variance is to allow the south monument sign to be within twenty-five (25) feet of a driveway and within the vision safety zone. • The third variance is to reduce the north sign setback from 10 feet to 9.2 feet from the property line. The brick monuments were constructed shortly after the building was constructed in 2007. The petitioner has stated that they were under the impression that the monuments were approved by the City based on the fact that they were on the building plans submitted to the City. On the building plans submitted to the City, only one sign was identified and it is not the City's process to approve signs with a building permit application. Signs are approved through their own process that requires sign permit submittal and approval before construction. APPEALS COMMISSION RECOMMENDATIONS At the August 13, 2008, Appeals Commission meeting, a public hearing was held for VAR #08- 06. There was a somewhat lengthy discussion between the Commission, staff and the petitioner. The petitioner has articulated both in writing and at the Appeals Commission meeting that the second sign is needed to help Police and Fire Departments locate the building to the west in case of an emergency. Planning staff has contacted both the Police and Fire departments for their opinion on the matter. The City's Fire code requires that address signs on each building be visible from the roadway. John Berg, Fire Chief inspected the site and determined that each building has an address on it that is visible from the public right-of-way; therefore, the Fire code requirements are being met. Don Abbott, Public Safety Director agrees with the Fire Chief, in that if the Fire code requirements are being, it satisfies any public safety concerns. In the end, the Appeals Commission recommended denial of variance #1(variance to allow a second free-standing sign). THE MOTION CARRIED ON A 3 TO 1 VOTE. The Commission recommended denial of variance #2 (variance to allow the south monument sign to be within 25 ft. of a driveway and within the vision safety zone). THE MOTION CARRIED UNANIMOUSLY. The Commission recommended approval of variance #3 to reduce the setback of the north sign from 10 ft. to 9.2 ft. from the property line. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS City Staff recommends if any of these variance requests are granted that the following stipulations be attached. 1) If two monuments are approved to remain on the site, the signage area on each sign shall be limited to 40 square feet. 2) The For-Lease sign on the property shall be removed and properly setback at 10 ft. from the property line. 3) If there are 3 or more tenants in each building, the petitioner shall submit a multi-tenant sign plan to be reviewed and approved by City staff and the City Council. 4) This variance shall remain in effect unless any of the following occur.� A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. 8. The supporting structure of the sign is replaced or remodeled. City of Fridley Land Use Application VAR #08-06 August 13, 2008 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Industrial Equities Jeff Salzbrun 321 First Avenue North Minneapolis, MN 55401 Requested Action: Variance to allow two free standing monument signs. Variance to allow a sign in vision safety zone and within 25 feet of a driveway. Variance to reduce sign setback requirements. Existing Zoning: M-2, Heavy Industrial Location: 5100-5110 Main Street NE Size: 548,849 sq. ft. 12.6 acres Existing Land Use: Two Industrial buildings Surrounding Land Use & Zoning: N: Reviva & M-2 E: Single-Family Residential & R-1 S: Murphy Warehouse & M-2 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.13.1.A requires one free- standing sign per street frontage. Section 214.13.1.E requires free-standing signs to be a minimum distance of 10 feet from any property line or driveway. Section 214.13.1.D requires a free-standing sign to be a minimum height of 10 feet from the bottom of the sign to the finished ground grade- when within 25 feet of a driveway or a corner vision safety zone. Zoning History: 2006 — Lot is platted 2007 — Demolition of building 2007 — Building Constructed Legal Description of Property: Lot 1, Block 1, Fridley Distribution Center Public Utilities: Building is connected. Transportation: The property receives access from Main Street and has rail access through a railroad spur. Physical Characteristics: Lot is fully developed, contains 2 buildings, parking lot & landscaped areas. SU M MARY OF PROJECT Industrial Equities LLP is seeking three sign variances: to build a second free-standing monument sign, to allow the south monument sign to be located within the Vision Safety Zone and within 25 feet of the driveway and to reduce the north sign setback from 10 feet to 9.2 feet from the driveway. SU M MARY OF ANALYSIS City Staff recommends denial of the variances to allow a second free-standing sign on the property and to allow a monument sign to be located within the vision safety zone. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have ever been granted. ➢ Granting these variances would be precedence setting. • City Staff has no recommendation regarding reduction of sign setback requirements as similar variances have been granted in the past. Previously Granted Variances: • VAR #87-27 7110-7190 University Avenue Variance granted to reduce the setback from 10 ft. to 6 ft. CITY COUNCIL ACTION / 60 DAY DATE City Council —August 25, 2008 60 Day Date — September 8, 2008 Staff Report Prepared by: Stacy Stromberg and Katie Meyer VAR-08-06 REQUEST Jeff Salzbrun on behalf of Industrial Equities LLP is seeking three sign variances in order to allow two free-standing monument signs to continue to exist on the property located at 5100- 5110 Main Street. • The first variance is to allow a second free-standing monument sign instead of the code required one. • The second variance is to allow the south monument sign to be within twenty-five (25) feet of a driveway and within the vision safety zone. • The third variance is to reduce the north sign setback from 10 feet to 9.2 feet from the property line. North Sign — Facing North South Sign — Facing South View of building from North Sign View of building from South Sign HARDSHIP STATEMENT "There is a need for two monument signs on the property due to the unique North-South orientation of the buildings, which is a response to the rail access on the Premises. These signs provide crucial information for any safety response as the 5100 building is not clearly visible from the street." — Also see attached hardship statement. - Jeff Salzbrun, Industrial Equities SITE DESCRIPTION AND HISTORY The property is zoned M-2 and surrounding properties to the north, west, and south are also zoned industrial, while the properties located to the east are single-family residential homes. The property is located on Main Street, west of University Avenue. The subject property was originally developed in 1960 as an office/warehouse for a building supply company. In 2007 that original building was demolished and the site was redeveloped to allow the construction of the two new industrial buildings. Those building were also constructed in 2007. The brick monuments were constructed shortly � � � � after the building was constructed. The petitioner � � has stated that they were under the impression � � "" that the monuments were approved by the City � � � based on the fact that they were on the building plans submitted to the City. On the building plans submitted to the City, only one sign was identified and it is not the City's process to approve signs with a building permit application. Signs are approved through their own process that requires sign permit submittal and approval before construction. The property is approximately 12.6 acres in size. The shape of the property had caused the owners to design two buildings oriented north to south on the property, as a rail spur is located on the western side of the property to allow Industrial Equities the greatest use of shipping and receiving materials. Since the buildings are situated for this purpose, it is only possible to view one of the buildings from the street, which forms the basis of the variance requests. CODE REQUIREMENTS Section 214.13.1.A of the City Code requires one free-standing sign per street frontage. The petitioner is seeking a variance for a second free-standing sign. Section 214.13.1.D requires a free-standing sign to be a minimum height of 10 feet from the bottom of the sign to the finished ground grade when within 25 feet of a driveway or a corner vision safety zone. The petitioner is seeking a variance to locate the south sign within 25 feet of the driveway and in the vision safety zone. Section 214.13.1.E requires free-standing signs a minimum distance of 10 feet from any property line or driveway. The petitioner is seeking a variance to reduce the north sign setback from 10 feet to 9.2 feet from the property line. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. None of the four conditions required have been met by the petitioner. Therefore, by Code, the sign variance should not be granted. The four requirements and an explanation of how the petitioner has failed to meet these mandatory requirements are listed below. 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are neither exceptional nor extraordinary to allow for a second free-standing sign, nor to allow a sign to be located in the vision safety zone. The industrial property at 5730 Main Street has a similar building orientation, with 2 large warehouse buildings that are facing north and south on the property, with access to a rail spur. This property does not have a second free-standing sign to identify the more western building, which is not visible from Main Street. Instead they have one monument sign that identifies all tenants within the buildings. The petitioner's design decision to orient the buildings in a north-south manner was to take full advantage of the rail spur, thus creating a self-imposed hardship. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. A second free-standing sign and a sign in the vision safety zone are not property rights possessed by other properties within the same vicinity and denial of these variances does not eliminate the potential for signage on the property. Current code requirements allow the petitioner to have one free-standing sign on the site to identify the tenants within the buildings. City Code also allows for signage to be placed on the buildings to identify tenant spaces. Placement of the southern sign will always be an issue. There is no place to locate the sign within this area that will comply with all setback requirements and vision safety requirements due to the close proximity of the driveway and the southern property line. It should also be noted that the south sign is approximately 20 ft. from the driveway to Murphy's Warehouse which is the property south of the subject property. 3. That the strict application would constitute an unnecessary hardship. City staff has not been able to identify any hardship for the second free-standing sign request. Strict application of the code would require removal of the second free-standing monument sign, presently located in the vision safety zone. One 80 sq. ft. sign is sufficient to identify the location of the Industrial Equities buildings. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The purpose of the sign code requirements is to identify and allocate the size and amount of signage allowed on a property in order to reduce the visual pollution and distractions for the motoring public. Allowing a free-standing sign in the vision safety zone has potential to negatively impact the health, safety and public welfare of motorists on Main Street and act as a distraction. The second free-standing sign would also dominate the landscape due to the signs location near the driveway and on Main Street. RECOMMENDATIONS City Staff recommends denial of the 1St (variance to allow a second free-standing sign) and 2"a (variance to allow the south monument sign to be within 25 ft. of a driveway and within the vision safety zone) variance requests. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have been granted over the past five years. ➢ Granting these variances would be precedence setting. City Staff has no recommendation regarding the variance request to reduce the setback on the north sign from 10 ft. to 9.2 ft. as a similar variance has been granted in the past. • VAR #87-27 7110-7190 University Avenue Variance granted to reduce the setback from 10 ft. to 6 ft. STIPULATIONS City Staff recommends if any of these variance requests are granted that the following stipulations be attached. 1) If two monuments are approved to remain on the site, the signage area on each sign shall be limited to 40 square feet. 2) The For-Lease sign on the property shall be removed and properly setback at 10 ft. from the property line. 3) If there are 3 or more tenants in each building, the petitioner shall submit a multi-tenant sign plan to be reviewed and approved by City staff and the City Council. 4) This variance shall remain in effect unless any of the following occur.� A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. 8. The supporting structure of the sign is replaced or remodeled. � F F&d � � S09 � � � O � � mm � � � � � � � � � � � 0 II z u ¢ h � O II 2 4i Q N � � �' � � �ep O f�Y ^ �v il � ? °e��p 4i I� C � N � (� � V J � � H � � � � 2 0 N� � � m �y� , y�yiO�, azu"�,� c � o>�o 0 cdt�'g yaY^ N� �,�., ��On O� C�- n,,c � a � � fi � � m o m m ^ k 'O � 0 0 K � U 4 � Q � � S 2 � � ut � o � N ¢ ¢ p m � � � m � n � � � ¢ w o oc� " "'� Stromberg, Stacy From: Berg, John Sent: Tuesday, August 19, 2008 4:00 PM To: Stromberg, Stacy; Abbott, Don Cc: Messer, Ralph Su��ect: RE: Safety �Question Sta cy, MN State Fire Code Section 505.1 requires address signs on each building that are visibl� from the roadway. There are address numbers on each building that are piainly legible and visible from Main Street. The same holds true for 5730 Main Street. John Berg From: Stromberg, Stacy Sent: Monday, August 18, 2008 4:18 PM To: Berg, John; Abbott, Don Subject: FW: Safety Question Sorry, here`s the attached staff report. Thanks! From: Stromberg, Stacy � Sent: Monday, Aug ust 18, 2008 4: O1 PM To: Berg, John; Abbott, Don Subject: Safety Question Hi �ohn and Don — I would like an opinion from both of you regarding a variance request that we've received. Industrial Equities, which is located at 51�0-5110 Main Street, previously Guardian Building Supply, is seeking a variance to allow 2 free-standing signs to exist on their site. City Code only allow one free-standing sign. I've attached the staff report that I prepared for the Appeals Commission, which reviewed the request last week. One of the arguments that the petitioner has it that because there are 2 building on the site, one of which isn't visible from the public right-of-way, there is a need for a second sign for safety reasons. In the event that police or fire need to get to the back building they might not be a�ble to find the building and respond as quickly because there isn't a sign telling you that there is another building behind the font building. Staff has argued that this reason only does not provide a hardship that would allow Z signs on the site. We have similar situation with 2 industrial buildings which both face east at 5730 Main Street, just north of Home Depot. There is only one sign on this site and as far as I know, there hasn't been as issue related to health and safety that has caused the need for 2 signs in this location. � 1 know this is short timing, but if you could get me your opinion on this matter by Wednesday, I need to prepare my memo for Council for the meeting on the 25tn. Thank you! Stacy Stromberg, City Planner City of Fridley, Minne�ota 0 - Stromberg, Stacy From: Abbott, Don Sent: Tuesday, August 19, 2008 3:32 PM To: Stromberg, Stacy; Berg, John Subject: RE: Safety Question Attachments: Don Abbott.vcf Hi Stacy, JQhn and I have discussed this and he did a site visit today. I agree with him that meeting the requirements of the fire code satisfies our public safety concerns. As long as it's clear from the street as to what each building's address is, that's good for us. John reports that both building addresses are visible from the street as they are displayed on the buildings themselves so it sounds like they're good as they are. . Thanks, �� Don Abbott, Public Safety Director City of Fridley Minnesota 6431 University Ave NE Fridley, l�Il�T 55432 Phone: 763 -572-3 625 Fax: 763-572-3651 email : abbottd(a�,ci. fridle . mn.us ......................................................................................................................................................................................................................................................................................... From: Stromberg, Stacy � Sent: Monday, August 18, 2008 4:01 PM To: Berg, Joh n; Abbott, Don Subject: Safety Question Hi John and Don — I would like an opinion from both of you regarding a variance request that we`ve received. Industrial Equities, which is located at 5100-5110 Main Street, previously Guardian Building Supply, is seeking a variance to allow 2 free-standing signs to exist on their site. City Code only allow one free-standing sign. I've attached the staff report that I prepared for the Appeals Commission, which reviewed the request last week. One of the argurnents that the petitioner has it that because there are Z building on the site, one of which isn't visible from the public right-of-way, there is a need for a second sign for safety reasons. In the event that police or fire need to get to the back building they might not be able to find the building and respond as quickly because there isn't a sign telling you that there is another building behind the font building. Staff has argued that this reason only does not provide a hardship that would allow 2 signs on the site. We have similar situation with 2 industrial buildings which both face east at 5730 Main Street, just north of Home Depot. There is only one sign on this site and as far as I know, there hasn't been as issue related to health and safety that has caused the need for 2 signs in this location. I know this is short timing, but if you could get me your opir�ion on this matter by Wednesday, I need to prepare my memo for Council for the meeting on the 25tn. Thank you ! 3�1 CITY OF FRIDLEY APPEALS COMMISSION August 13, 2008 CALL TO ORDER: Chairperson Sielaff called the regular meeting of the Appeals Commission to order at 7:04 p.m. ROLL CALL: MEMBERS PRESENT: Blaine Jones, Matthew Brown, Brad Sielaff, Christopher Anderson MEMBERS ABSENT: Del Jenkins OTHERS PRESENT: Stacy Stromberg, City Planner Jeff Salzbrun, Industrial Equities Paul Marihart, 100 Gibraltar Road APPROVE APPEALS COMMISSION MEETING MINUTES: June 25, 2008 MOTION by Commissioner Jones, seconded by Commissioner Brown, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Variance, VAR 08-06, by John Allen and Jeffrey Salzbrun for Industrial Equities, for three variances: to allow 2 free-standing (monument) signs on the property instead of the code required one, to allow the south monument sign within twenty-five (25) feet of a driveway and within the corner vision safety zone, and to reduce the setback of the north monument sign from 10 feet to 9.2 feet from the property line, generally located at 5100-5110 Main Street NE. MOTION by Commissioner Brown, seconded by Commissioner Jones, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:05 P.M. Stacy Stromberg, City Planner, said that Jeff Salzbrun, on behalf of Industrial Equities LLP, is seeking three sign variances in order to allow two free-standing monument signs to continue to exist on the property located at 5100-5110 Main Street. • The first variance is to allow a second free-standing monument sign instead of the code required one. • The second variance is to allow the south monument sign to be within twenty-five (25) feet of a driveway and within the vision safety zone. • The third variance is to reduce the north sign setback from 10 feet to 9.2 feet from the property line. Ms. Stromberg said that the hardship statement reads "There is a need fortwo monument signs on the property due to the unique North-South orientation of the buildings, which is a response to the rail access on the Premises. These signs provide crucial information for any safety response as the 5100 building is not clearly visible from the street. " Ms. Stromberg stated that the property is zoned M-2. The property is located on Main Street, west of University Avenue. The subject property was originally developed in 1960 as an office/warehouse for a building supply company. In 2007 that original building was demolished and the site was redeveloped to allow the construction of the two new industrial buildings. Those building were also constructed in 2007. Ms. Stromberg said that the brick monuments were constructed shortly after the building was constructed. The petitioner has stated that they were under the impression that the monuments were approved by the City based on the fact that they were on the building plans submitted to the City. On the building plans submitted to the City, only one sign was identified and it is not the City's process to approve signs with a building permit application. Signs are approved through their own process that requires sign permit submittal and approval before construction. Ms. Stromberg said the shape of the property had caused the owners to design two buildings oriented north to south on the property, as a rail spur is located on the western side of the property to allow Industrial Equities the greatest use of shipping and receiving materials. Since the buildings are situated for this purpose, it is only possible to view one of the buildings from the street, which forms the basis of the variance requests. Ms. Stromberg reviewed City Code Requirements as the following: Section 214.13.1.A of the City Code requires one free-standing sign per street frontage. The petitioner is seeking a variance for a second free-standing sign. Section 214.13.1.D requires a free-standing sign to be a minimum height of 10 feet from the bottom of the sign to the finished ground grade when within 25 feet of a driveway or a corner vision safety zone. The petitioner is seeking a variance to locate the south sign within 25 feet of the driveway and in the vision safety zone. Section 214.13.1.E requires free-standing signs a minimum distance of 10 feet from any property line or driveway. The petitioner is seeking a variance to reduce the north sign setback from 10 feet to 9.2 feet from the property line. Ms. Stromberg said that four code conditions are required for a sign variance approval. Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. None of the four conditions required have been met by the petitioner. Therefore, by Code, the sign variance should not be granted. The four requirements and an explanation of how the petitioner has failed to meet these mandatory requirements are listed below: 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are neither exceptional nor extraordinary to allow for a second free-standing sign, nor to allow a sign to be located in the vision safety zone. The industrial property at 5730 Main Street has a similar building orientation, with 2 large warehouse buildings that are facing north and south on the property, with access to a rail spur. This property does not have a second free-standing sign to identify the more western building, which is not visible from Main Street. Instead they have one monument sign that identifies all tenants within the buildings. The petitioner's design decision to orient the buildings in a north-south manner was to take full advantage of the rail spur, thus creating a self-imposed hardship. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. A second free-standing sign and a sign in the vision safety zone are not property rights possessed by other properties within the same vicinity and denial of these variances does not eliminate the potential for signage on the property. Current code requirements allow the petitioner to have one free-standing sign on the site to identify the tenants within the buildings. City Code also allows for signage to be placed on the buildings to identify tenant spaces. Placement of the southern sign will always be an issue. There is no place to locate the sign within this area that will comply with all setback requirements and vision safety requirements due to the close proximity of the driveway and the southern property line. It should also be noted that the south sign is approximately 20 ft. from the driveway to Murphy's Warehouse which is the property south of the subject property. 3. That the strict application would constitute an unnecessary hardship. City staff has not been able to identify any hardship for the second free-standing sign request. Strict application of the code would require removal of the second free-standing monument sign, presently located in the vision safety zone. One 80 sq. ft. sign is sufficient to identify the location of the Industrial Equities buildings. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The purpose of the sign code requirements is to identify and allocate the size and amount of signage allowed on a property in order to reduce the visual pollution and distractions for the motoring public. Allowing a free-standing sign in the vision safety zone has potential to negatively impact the health, safety and public welfare of motorists on Main Street and act as a distraction. The second free- standing sign would also dominate the landscape due to the signs location near the driveway and on Main Street. Ms. Stromberg said that City Staff recommends denial of the 1St (variance to allow a second free-standing sign) and 2nd (variance to allow the south monument sign to be within 25 ft. of a driveway and within the vision safety zone) variance requests. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have been granted over the past five years. ➢ Granting these variances would be precedence setting. Ms. Stromberg stated that City Staff has no recommendation regarding the variance request to reduce the setback on the north sign from 10 ft. to 9.2 ft. as a similar variance has been granted in the past. • VAR #87-27 7110-7190 University Avenue - Variance granted to reduce the setback from 10 ft. to 6 ft. Ms. Stromberg said that City Staff recommends if any of these variance requests are granted that the following stipulations be attached. 1) If two monuments are approved to remain on the site, the signage area on each sign shall be limited to 40 square feet. 2) The For-Lease sign on the property shall be removed and properly setback at 10 ft. from the property line. 3) If there are 3 or more tenants in each building, the petitioner shall submit a multi- tenant sign plan to be reviewed and approved by City staff and the City Council. 4) This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. 8. The supporting structure of the sign is replaced or remodeled. Chairperson Sielaff asked for a definition of a"Vision Safety Zone". Stacy Stromberg, City Planner, said that if you measure 40 feet from the curb line and connect two points, anything in that corner is in the Vision Safety Zone. Chairperson Sielaff asked if staff intended to eliminate the structure. Ms. Stromberg answered that is correct. Commissioner Brown asked how this appeal came about. Ms. Stromberg said that the monuments were constructed and staff noticed that there was no permit granted. Staff verified the location of the monument and told the petitioner they would have to apply for a variance. Commissioner Jones asked if it was normal procedure to have to apply for a permit prior to construction for a sign and how much information could appear on each building. Ms. Stromberg said that City code requires a separate permit for a sign and the information on a building depends on the length of the building. Each property is allowed one free standing sign at a maximum of 80 square feet. Chairperson Sielaff asked if the signage depended upon how the property is zoned. Ms. Stromberg said that each zoning district allow a certain amount of signage. The signage requirement in an industrial district are different that the signage requirements in a residential district. Commissioner Brown asked if there were any comments from public safety. Ms. Stromberg said that all requests go to a development review committee and the Fire Department is part of that committee. No one expressed concerns but the Police Department was not present. Commissioner Anderson asked if information was provided to developers with guidelines on specific requirements for signs on the property. Ms. Stromberg answered no, but most developers who've done work within the City should we aware that installation of any signage requires permits. Jeff Salzbrun, Industrial Industries, said that when he submitted the development plans, both signs were on the plan, however one of them was not identified. The signs were built when the building was built. The reason they would like two signs on the property is because the building in the back is hidden and it may be difficult for emergency response to locate the building. The north sign is within a few inches of code and should not be a problem. The south sign is the main concern as it is in the vision safety zone. He has been driving in this area several times and has never experienced any visual problems with the sign where it is currently located. The trees in the intersection block more of the sight than the sign. If we would have known this would be a problem they would have moved the sign. We thought the signs were approved because they were on the original plan. This is a very nice project, $12.OM, and the sign is off ineasured just a little. Main Street isn't that busy of a street so the signs should be okay. Commissioner Jones asked who is in the front of the building. Mr. Salzbrun said that no tenants are in located in the front right now. Each bay of the building could be a different tenant. Commissioner Jones asked about the railroad spur and if any tenant would make use of it. Mr. Salzbrun said that if a tenant needed the rail it could be used. Chairperson Sielaff asked if Mr. Salzbrun was the original owner. Mr. Salzbrun said no, the property was purchased two years ago. Chairperson Sielaff asked if the signs were there when he purchased the building. Mr. Salzbrun said no, the footings were put in when the building was constructed. These signs cannot be moved, they would need to be torn down and rebuilt. Chairperson Sielaff asked if Mr. Salzbrun understood that he needed a hardship to keep the signs. Mr. Salzbrun said that the hardship would be that the signs are needed to get emergency vehicles into the area and to the correct building. If the buildings are not signed and identified in the front of the building it may be hard to find the correct building. Commissioner Brown asked if the building address was different for each building. Mr. Salzbrun answered yes; the address is 5100 and 5110. The monument was intended for address purposes. Had he known the sign needed to be a separate issue from the building permit, he would of done the right thing. Commissioner Jones asked how large each sign is. Mr. Salzbrun said that each sign is 8 x 8 or 64 sq feet. Commissioner Jones asked if each monument would say the address and then the tenants name. Mr. Salzbrun answered that is correct. Chairperson Sielaff asked if the hardship of the building is that the building behind the front building is not visible and the address needs to be in the front. Mr. Salzbrun said that is correct. If there was a fire call to the building in the back, they could go right by the building not knowing it is behind the front building. Chairperson Sielaff asked Ms. Stromberg if any other building in Fridley is constructed in a similar way to this building. Ms. Stromberg answered that 5730 Main Street has the exact situation and has only one monument sign. Chairperson Sielaff asked how the back building addresses are handled. Ms. Stromberg said that all tenant names are listed on one monument sign with individual addresses on the building. Commissioner Anderson asked if that sign was on the center of the property. Ms. Stromberg said the sign is on the south side of the property. Mr. Salzbrun said that at 5730 Main Street you can see that there is another building in the back. Chairperson Sielaff said that the issue here is that the monument was built without permission and now the petitioner is going back through the process without having an adequate hardship. Mr. Salzbrun said that the monuments were on the original plan. There was not any notification saying that the developer needed approval prior to construction for the signs. Chairperson Sielaff asked if the petitioner was in favor of the stipulations. Mr. Salzbrun said he didn't have a problem moving the leasing sign. Commissioner Brown asked if each sign could be limited to 40 square feet each. Mr. Salzbrun said if it would meet the code requirement, they could try. Ms. Stromberg said that the property is allowed one sign at 80 square feet. If this variance was approved and both signs were to remain, only 40 sq. ft per sign would be allowed. Mr. Salzbrun asked if he were to re-plat the property as two individual properties, would he be able to have two signs. Ms. Stromberg said that he would have to present a new plat and the back building would require access to Main Street. Mr. Salzbrun asked about the area of Home Depot and Petsmart and why they could have two individual signs. Ms. Stromberg answered that Home Depot and Petsmart are two separate parcels. Commissioner Brown asked if there would be three or more tenants in the building. Mr. Salzbrun said that he didn't see more than three tenants in each building. Chairperson Sielaff asked for explanation of the 40 sq. ft sign. Ms. Stromberg said that the area where the list of tenants are would need to measure 40 square feet or less. The address is not included in the 40 square feet. Mr. Salzbrun said that they could agree with that stipulation. Paul Marihart, 100 Gibraltar Road, lives across from the south sign on the property and asked if the sign would go on top of the brick monument. Mr. Salzbrun said that the monument would be the sign holder, it would not be any larger than it stands today. Mr. Marihart asked if the sign would be lit. Mr. Salzbrun said he did not know the stipulations for a lit sign. Ms. Stromberg said that the sign could be lit. Mr. Marihart said that he sees the sign from his patio and would be concerned if the sign were lit. Mr. Salzbrun said he would get approval of the lit sign design and work with directional landscaping and neighbors on that issue. Commissioner Jones asked if there have been any comments heard from other property owners. Ms. Stromberg answered no. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Brown. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Commissioner Jones said that he would be in favor of the third variance to reduce the sign set back. He would be opposed to the other two variances. He doesn't see a true hardship and the two free standing signs could cause a vision safety issue. Chairperson Sielaff asked if these would be voted on separately. Ms. Stromberg said that all three should be voted on separately. Commissioner Brown commented that there is some conflicted information here. The City of Fridley has a code but he is sensitive to the idea or need for Fridley to be friendly to developers in one sense. The petitioner presented a plan that included the signs and staff should of identified the location of the signs; on the other hand the petitioner should have been aware of the procedures of the City. He does understand the need for two signs and is in favor to vote for two signs at 40 sq. ft per sign. This is a reasonable compromise. But, it is difficult to vote in favor of the item that will violate the safety vision in the intersection. Commissioner Brown said that he could recommend approval of the two signs at 40 sq. ft per sign. The issue with the vision safety zone, he could not approve as it violates city code. Commissioner Anderson said that he spent about 20 minutes at the location and agreed that you would have to be in a fairly large vehicle for the sign in the vision safety zone to block the area. He would have to be opposed to the safety zone issue, agree with two 40 sq ft. signs and agree with the variance from 10 ft. to 9.2 ft. Where the signs are located now, it is hard to see the signs because the trees and shrubs block the sign. Mr. Salzbrun said that the trees are the neighbors. Chairperson Sielaff said that the city ordinances are there for a reason and he did not see a true hardship either. He also said he would agree with the variance on the north sign. The builder should of known before constructing the signs that there could be issues related to setback, etc. MOTION by Commissioner Jones to deny a second free-standing monument sign instead of the code required one. Seconded by Commissioner Anderson. UPON A VOICE VOTE; COMMISSIONER JONES, COMMISSIONER ANDERSON, CHAIRPERSON SIELAFF VOTING AYE, COMMISSIONER BROWN VOTING NAY, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED ON A 3/1 VOTE MOTION by Commissioner Brown to deny the south monument sign to be within twenty- five (25) feet of a driveway and within the vision safety zone. Seconded by Commissioner Jones. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED MOTION by Commission Anderson to approve the north sign setback from 10 feet to 9.2 feet from the property line. Seconded by Commissioner Brown. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED This item will go before the City Council on August 25, 2008 at 7:30 p.m. 2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS: 3. OTHER BUSINESS: Stacy Stromberg, City Planner, said that the August 27, 2008 meeting has been cancelled and the next meeting is scheduled for September 10, 2008. ADJOURNMENT: MOTION by Commissioner Jones to adjourn. Seconded by Commissioner Brown. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, Krista Monsrud Recording Secretary � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2008 William W. Burns, City Manager Public Safety Director ponovan Abbott August 21, 2008 Written Agreement for Assignment of Police Officer to Drug Enforcement Administration (DEA). The United States Drug Enforcement Administration has invited the City of Fridley to join the DEA Task Force and assign one of our current officers to that unit. This move is expected to assist with the enforcement of illicit drug traffic and reduce related crime and violence, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, conduct undercover operations and engage in other traditional methods of investigation that will result in effective prosecution before the courts of the United States and the State of Minnesota. The DEA has provided a written agreement to accomplish this membership and officer reassignment and staff is recommending City participation in this agreement. Staff is proposing the assignment of an experienced Fridley Police Officer to the DEA Minneapolis-St. Paul District Office Task Force on a renewable annual basis. The officer will always be a member of the Fridley Police Department and will be available to us when needed, but will be working under the daily supervision and control of DEA supervision and adhere to the DEA policies and procedures. This officer will serve as a liaison to the Anoka Hennepin Drug Task Force and will leverage the resources of the DTF task force to address issues within the City of Fridley. During the period of assignment to the DEA, the police department will remain responsible for the salary and benefits of the officer assigned. The DEA has agreed to reimburse the City of Fridley $16,328.75 during the term of this agreement for overtime expenses in addition to any forfeiture money attained by the officer while assigned to the DEA Unit. The eleven current metro area police departments involved with the DEA Task Force averaged $98,132 in forfeiture funds in 2007. The preliminary forfeiture numbers for 2008 are substantially larger than 2007. This forfeiture money may be used to reimburse the City of Fridley for the salary and benefits of the assigned officer. While there is no guarantee that forfeiture funds will fully cover the expense of our task force officer each and every year, staff expects over the course of time to recoup the costs of the salary and benefits of the officer we assign to the DEA. The Police Department proposes to then hire an additional officer, at an estimated maximum annual cost of $71,400 (salary and benefits) to replace the person assigned to the DEA, insuring that our service to the community does not suffer in other areas. The term of this written agreement is from September 30, 2008 to September 30, 2009. The agreement may be terminated on thirty days written notice. The agreement is renewable on an annual basis, and the Police Department anticipates several years of inembership in the DTF task force. Staff recommends approval of the agreement for the reassignment of police officer to the Drug Enforcement Administration. � DRUG ENFORCEMENT ADMINI S TRAT I DN �' S TATE AND L�CAL TASK FORCE AGREEMENT � MI ri�JEAP�L I S- S T, PAUL D I S TRI C T OFF I CE CHICAGO FIELD DIVISI�N Fridley Police Department r This agreement is made this 30th day of September, 2008, between the United States Department of Justice, Drug Enforcement Administration -�� (hereinafter "DEA"), and the Fridley Police Department (hereinafter - "Department" ) . WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the DEA Minneapolis-St. Paul District Office's area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Minnesota and Wisconsin, the parties hereto agree to the following: 1. The DEA Minneapolis-St. Paul District Office Task Force will r perform the activities and duties described below: a. disrupt the illicit drug traffic in the Minnesota and western� - Wisconsin area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and - c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the States of Minnesota and Wisconsin. ., 2. To accomplish the objectives of the DEA Minneapolis-St. Paul _ .* District Office Task Force, the Department agrees to detail one (1) experienced officer to the DEA Minneapolis-St."Paul District Office Task Force for a period of not less than two years. During this period of assignment, the officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The Department's officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The Department's officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. i 42 � �`' _ 5. To accomplis?� the a��ectives o� the DE� �Iinneapolis-St. Paul District Office Task Force, DEA will assign three �3} Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and Department officer assigned to the Task Force. This support wil� include: of�fice space, ��fice- supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. � � ■ �t 6. During the period of assignment to the DEA Minneapolis-St. Paul District Office Task Force, the Department will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the Department for overtime payments made by it to the officer assigned to the DEA Minneapolis-St. Paul District Office Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1, (RUS) Federal employee (currently $16,328.75), per officer. 7. In no event will the Department charge any indirect cdst rate to DEA for the administration or implementation of this agreement. _ � 8. The Department shall maintain on a current basis complete and �� accurate records and accounts of all obligations and expenditures of ` funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The Department shall permit and have-readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The Department shall maintain all such reports and records until all audits and examinations are completed and resolved, � or for a period of three ( 3) years after termination of this , agreement, whichever is sooner. 10. The Department shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C. F.R. Part 42, Subparts C, F, G, H and I. 11. The Department agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The Department . . acknowledges that this agreement will not take effect and no Federal ri � 43 funds will be awarded to the Department by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the Department shall clearly state: �1) the percentage of the total cost of the � program or proj ect which will be financed with Federal money and (2 ) the dollar amount of Federal funds for the project or program. - 13. The term of this agreement shall be from September 30, 2008 to Septembe�r 30, 2009. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the Department during the term of this� agreement. For the Drug Enforcement Administration: Name: Gary G. Olenkiewicz Title: Special Agent in Charge Chicago Field Division For the Fridley Police Department: Name: Title• . . Date: � Date: � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 25, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS