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CCM 06/08/2020 CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 8, 2020 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. MEMBERS PRESENT: Mayor Lund Councilmember Ostwald Councilmember Tillberry Councilmember Eggert Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Dan Tienter, Finance Director/City Treasurer/City Clerk Ryan George, Deputy Public Safety Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting Minutes of May 26, 2020. APPROVED. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of May 20, 2020. RECEIVED. 3. Adopt Resolution No. 2020-29 Approving and Authorizing Re-Appropriation for Certain Funds for the Fiscal Year Ending December 31, 2019. 4. Approve Variance Request, VAR #20-01, by 6290 Hwy 65 NE, LLC, to Reduce the Front Yard Requirement from 80 Feet to 58 Feet to Allow the Construction of a Caribou Cabin Coffeeshop, Generally Located at 6290 Highway 65 N.E.; and Variance, VAR #20-01, to Reduce the Front Yard Setback for the Property Located at 6290 Highway 65 N.E., Petitioned by 6290 Hwy 65 NE, LLC, on behalf of the Property Owner Scott Beitz (Ward 2). FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2020 PAGE 2 5. the Execution of Limited Use Permit #0205- 0092 with the State of Minnesota for City of Fridley Project ST2019-01, Including a Trail in the Trunk Highway 47 (University Avenue) Right-of-Way. 6. Approve a Joint Powers Agreement between the City of Fridley and the County of Anoka for the Rehabilitation of CSAH 8 (Osborne Road NE) from TH 47 (University Avenue) to TH 65 (Ward 1). This item was removed from the Consent Agenda and placed on the Regular Agenda. 7. APPROVED. 8. Licenses APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Eggert to adopt the proposed consent agenda with the removal of Item No. 6. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of item nos. 6. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 6. Approve a Joint Powers Agreement between the City of Fridley and the County of Anoka for the Rehabilitation of CSAH 8 (Osborne Road NE) from TH 47 (University Avenue) to TH 65 (Ward 1). FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2020 PAGE 3 Councilmember Bolkcom said she moved this item to the regular agenda because people who attended the planning meeting brought forth many good ideas that were not implemented when the report came back from the County--like a dedicated bike lane. This roadway is shared with Spring Lake Park, and they were not enthused with some of the ideas, like improved lighting. As a Council we need to ensure we are keeping up-to-date on what is going on and push to communicate with the City of Spring Lake Park. The current process is flawed, and we need to send something out to those who attended the meeting letting them know of the outcome. Mayor Lund said he thought this could have been a better project. Some items should have been taken into consideration. He said he was disappointed. Councilmember Tillberry said he does not want to let this happen with future projects. He said he would vote for this project, but Council needs to need to be more assertive with the County in future projects. MOTION by Councilmember Bolkcom to Approve a Joint Powers Agreement between the City of Fridley and the County of Anoka for the Rehabilitation of CSAH 8 (Osborne Road NE) from TH 47 (University Avenue) to TH 65 (Ward 1). Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Adopt Resolution No. 2020-28 Authorizing the Proration of Intoxicating Liquor Licensing Fees for Grants to Certain Entities Due to the COVID-19 Pandemic. Dan Tienter, Finance Director, stated in March, the Governor declared a peacetime emergency throughout Minnesota in response to the outbreak of COVID-19. The Governor also ordered the temporary closure and limited reopening of restaurants and other public accommodations. In concert with these executive actions, the Mayor proclaimed, and City Council also declared, a local, peacetime emergency in the City. In response to the limited reopening of restaurants on June 1, 2020, the City Council suspended the typical approval process for outdoor dining areas temporarily. The City Council guided staff to explore other options to support restaurants, specifically as it relates to business licensing and fees. Staff reviewed various sections of the Fridley City Code, as well as the applicable executive orders. Staff also reviewed several Federal laws and regulations related to the COVID-19 pandemic response. Mr. Tienter said Chapter 11 (Fees) of the City Code prohibits the proration and/or refund of any license or permit fees, unless authorized by other sections of the Code. Chapter 603 (Intoxicating Liquor) allows for the monthly proration of liquor licenses granted after the beginning of the e City to prorate applicable fees for up to 90 days for liquor licenses associated with buildings unavailable for occupancy. The peacetime emergencies do not allow restaurants to occupy their buildings or use their liquor licenses as intended. The City Council may authorize proration for up to three months of the annual cost of the liquor licenses in question. FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2020 PAGE 4 Mr. Tienter said the Coronavirus Aid, Relief and Economic Security (CARES) Act allows cities to seek Federal reimbursement for eligible costs associated with COVID-19, including expenditures related to the provision and grants to businesses to reimburse the costs of business interruption caused by required closures. Treasury Department guidance allows cities to determine what grant payments are necessary, assuming the prassist those businesses Mr. Tienter stated given the Code and CARES Act requirements, the City would only grant funds associated with the prorated intoxicating liquor licenses fees per the following terms: Eligible Entity for up to a single year. horized by Chapter 603 of the Code. cable Liquor License as approved by the City Council on April 27, 2020, for the licensing year ending April 30, 2021. not to exceed the authorized amount. Eligible entities only remit the liquor license fees upon activation. The City would provide the proration and grant upon activation of the applicable liquor licenses based on the above terms. Mr. Tienter outlined the different proration and grant calculations for the various annual liquor licenses. He said staff recommends the City Council adopt Resolution No. 2020-28. Upon approval of the resolution, staff will notify the eligible entities of the proration and grant program and process credits or refunds accordingly. Mayor Lund asked how staff would figure out the time frame on the grant offered tonight. Mr. Tienter replied the grant is for liquor licenses ending April 30, 2021. Part of the rationale of using 90 days is that is the amount of days businesses were closed. The City is not offering a refund but can provide a grant moving forward consistent with the CARES Act. Mayor Lund said this is a unique time so if we can help business survive, this is appropriate. Mr. Tienter replied that business owners are mainly concerned with the liquor licensing costs. Councilmember Bolkcom asked what the response was from the businesses. Ryan George, Deputy Public Safety Director, spoke with the business owners and they were happy with any sort of financial relief. MOTION by Councilmember Ostwald to Adopt Resolution No. 2020-28. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2020 PAGE 5 10. Informal Status Reports. Mayor Lund said he attended the senior graduating class of 2020 parade. He thanked all who participated. ADJOURN: MOTION by Councilmember Ostwald to adjourn. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:30 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor