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08-23-2021 CITY COUNCIL MEETING August 23, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, 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 d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 1. Approve the Minutes from the City Council Meeting of August 9, 2021 OLD BUSINESS 2. Ordinance No. 1395, Adding Fridley City Code Chapter 34, Reasonable Accommodation (Second Reading) NEW BUSINESS 3. Resolution No. 2021-69, Approving Change Order No. 3 (Final) for Locke Park Water Treatment Plant Project No. 17-509 4. Resolution No. 2021-70, Approving Gifts, Donations and Sponsorships received between July 19, 2021 and August 16, 2021 CLAIMS 5. Resolution No. 2021-71, Approving Claims for the Period Ending August 18, 2021 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. 2 City Council Meeting 8/23/2021 Agenda Page 2 REGULAR AGENDA ITEMS PUBLIC HEARING(S) 6. Resolution No. 2021-68, Revocation of the On- OLD BUSINESS 7. Resolution No. 2021--02 Allowing Shared Micromobility Vehicles 8. Resolution No. 2021-73, Directing No Updates be Made to Fridley City Code Chapter 11, Fees, Regarding Micromobility Sharing Services NEW BUSINESS 9. Resolution No. 2021-67, Authorizing and Directing Efforts Related to the Recodification of the Fridley City Code INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of August 9, 2021 Background Attached are the minutes from the City Council meeting of August 9, 2021. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of August 9, 2021. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Minutes from the City Council Meeting of August 9, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ CITY COUNCIL MEETING August 9, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of August 9, 2021, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Scott Hickok, Community Development Director Dan Tienter, Finance Director Jim Kosluchar, Public Works Director PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1. Presentation of the 2021 City of the Year Award from the Minnesota Real Estate Journal 2. APPROVAL OF PROPOSED CONSENT AGENDA Councilmember Bolkcom asked if the rain garden agreement is for 10 years, and what would happen if the homeowner sold their house. Jim Kosluchar, Public Works Director, said it would be an agreement with the homeowner and Rice Creek Watershed District. Upon sale of the home, it would come up on the title work for the property. Motion made by Councilmember Eggert to approve the Consent Agenda. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 Jufn!2/ City Council Meeting 8/9/2021 Minutes Page 2 APPROVAL OF MINUTES 3. Approve the Minutes from the City Council Meeting of July 29, 2021. NEW BUSINESS 4. Resolution No. 2021-64, Approving Rice Creek Watershed District Water Quality Grant Agreement for Rain Garden Construction. CLAIMS 5. Resolution No. 2021-66, Approving Claims for the Period Ending August 4, 2021. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Bolkcom to adopt the Regular Agenda. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS PUBLIC HEARING 6. Ordinance No. 1395, Public Hearing and First Reading to Consider Chapter 34, Reasonable Accommodations. Motion by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:13 P.M. Scott Hickok, Community Development Director, stated that although the City has always allowed accommodation for very specific, qualified requests, a recent case shoe the light on the fact that we really do need to add this chapter to the City Code. Pursuant to the Federal Fair Housing Amendments Act of 1988, it would provide reasonable accommodation in the application of zoning and other regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this ordinance is to establish a process for making and acting upon requests for reasonable accommodation. 6 Jufn!2/ City Council Meeting 8/9/2021 Minutes Page 3 An Accommodation Specialist would be appointed by the City Manager. Any person can request a reasonable accommodation form from the Accommodation Specialist, complete it and return it to the Accommodation Specialist. The Accommodation Specialist shall issue a written decision in which the request is either approved or denied. Any decision reached by the Accommodation Specialist shall be subject to appeal to the City Council within 30 days of the date of the decision. The City Manager of designee shall process the appeal with the City Council within 30-days. Following a hearing on such appeal, the City Council shall issue its finding, in writing, within 30 days. Councilmember Bolkcom asked if someone has a special accommodation, and the property is sold if the accommodation would go with the property. Mr. Hickok said this was also a concern of the Planning Commission. The accommodation is only meant for the condition applied for and does not go with the sale of the property. If the person granted the accommodation moves out, the accommodation goes away. Councilmember Bolkcom asked if the property owner changes and the person still lives there, the accommodation stays. Mr. Hickok replied that the accommodation is not owner-based but individual-based on who needs the accommodation. Councilmember Tillberry asked about the evaluation the City does and if there would be a different specialist every time there is a request. Mr. Hickok replied that for consistency we would look to have a specialist internally. The specialist will rely on expertise of others during the evaluation process. Councilmember Tillberry agreed that consistency is important and not to leave the decision up to interpretation. Mayor Lund noted that what makes this hard is the reasonableness as we all have a different definition of reasonable. Mr. Hickok noted that it is important the person assigned this task understands the elements of the Federal Fair Housing Act and what does or does not qualify for an accommodation. This is a serious task and will likely have some sort of initiation as the ordinance is adopted. Councilmember Bolkcom added that there are federal guidelines and standards to follow. Mr. Hickok said that everyone looks at the word reasonable in a different context and there may be unreasonable requests that come through that may not meet the criteria to be reasonable. Councilmember Eggert said we have had to make some accommodations and people do have needs. Not a lot of cities have put together this framework and this will help guide us through this delicate area. 7 Jufn!2/ City Council Meeting 8/9/2021 Minutes Page 4 Wally Wysopal, City Manager, noted that the appeals will come to the City Council. Motion by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:29 P.M. Motion by Councilmember Bolkcom to approve the first reading of Ordinance No. 1395. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS 7. Resolution No. 2021-65, Repealing Resolution No. 2021-15 Regarding TIF District No. 19. Dan Tienter, Finance Director, stated the Housing and Redevelopment Authority (HRA) provided a $1,500,000 pay-as-you-go Tax Increment Revenue Note to support certain costs, including demolition of existing structures, removal of a railroad spur, remediation of soil conditions and construction of stormwater ponds. Due to this assistance, the property increased in assessed value from about $2.3 million to approximately $11 million. Recently the City Council, upon the recommendation of staff, decertified the District. Upon further review, the City determined that the District has eligible TIF obligations in the form of TIF Note payments. Due to these obligations, the District should not be decertified until the HRA satisfies the TIF Note. The City Council may end the decertification process by repealing its previous action and notifying Anoka County. Mr. Tienter said given the process to date and the outstanding obligations of the TIF District No. 19, staff recommend the City Council adopt Resolution No. 2021-65, which will repeal Resolution No. 2021-15, which decertified TIF District 19 and allow the HRA to continue collection of tax increment to support the outstanding TIF Note. Upon adoption, the City Clerk shall transmit a certified copy of the Resolution No. 2021-65, along with an explanatory letter, to Anoka County. Councilmember Bolkcom asked how soon this would be filed. Mr. Tienter replied that Anoka County has already been notified. If passed tonight, the resolution will be prepared tomorrow, and a certified copy will be transmitted. Motion by Councilmember Eggert to adopt Resolution No. 2021-65, Repealing Resolution No. 2021-15 Regarding TIF District No. 19. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8 Jufn!2/ City Council Meeting 8/9/2021 Minutes Page 5 INFORMAL STATUS REPORTS Councilmember Bolkcom said that Night to Unite was great and a lot of City staff were out. People were appreciative of the Police and Fire Departments. Mayor Lund said people at the Night to Unite parties talked about the parks improvement and master plan. Many read it or commented on the plan. ADJOURN Motion by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE MEETING ADJOURNED AT 7:38 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 9 Jufn!3/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Ordinance No. 1395, Adding Fridley City Code Chapter 34, Reasonable Accommodation (Second Reading) Background The Planning Commission held a public hearing and reviewed this item at their July 21, 2021 meeting. After a thorough discussion, and the addition of language regarding discontinuation of the accommodation at the site, once it is no longer necessary, the Commission approved the Accommodation Ordinance No. 1395. The City Council held its public hearing at its regular meeting of August 9, 2021. Council heard the presentation and asked for clarification on the longevity of the accommodation, in that it goes with the need for accommodation, not the property. Any accommodation modifications would return to Code required standards, once no longer needed. Council also asked for clarification of the individual to serve as the Accommodation Specialist on staff. A consistent individual and single staff person rather than numerous staff people would hold the role. With those clarifications, Council closed the public hearing and approved the first reading of Ordinance No. 1395, to add Chapter 34 to the City Code. Financial Impact None. Recommendation Staff recommends the approval of the second reading of Ordinance No. 1395. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. : Jufn!3/ Attachments and Other Resources !Ordinance No. 1395 !Summary Publication Ordinance No. 1395 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!3/ Ordinance No. 1395 Adding Fridley City Code, Chapter 34, Reasonable Accommodation The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 34, Reasonable Accommodation, be adopted and added to the Fridley City Code as follows: Fridley City Code Chapter 34 Reasonable Accommodation 34.01 Purpose It is the policy of the City of Fridley (City), pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable Accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. 34.02 Definitions Accommodation Specialist: staff, appointed by the City Manager, or their designee to coordinate and administer the Reasonable Accommodation process outlined in Fridley City Code Chapter 34. Disability: any one or a combination of those disabilities which are recognized under applicable federal law. Qualified Person: any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. Reasonable Accommodation: process by which the City may provide an individual with a disability flexibility in the application of land use, zoning, or other regulations that serve as a barrier to housing. 34.03 Initiation of Reasonable Accommodation Request Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the 22 Jufn!3/ person(s), with a disability, including information establishing that the application is being made by a qualified person, for themselves or on behalf of a person disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. 34.04 Accommodation Specialist; Required Findings The Accommodation Specialist, in consultation with the appropriate City staff, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (a)!Special need created by the disability; (b)!Potential benefit that can be accomplished by the requested accommodation; (c)!Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (d)!Physical attributes of and any proposed changes to the subject property and structures; (e)!Potential impact on surrounding uses; (f)!Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the City, and/or nature of the area in which the accommodation is being requested; (g)!Whether the requested accommodation would impose an undue financial or administrative burden on the City; (h)!Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and (i)!Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. 34.05 Notice of Decision The written decision of the Accommodation Specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to Section 34.08. The decision of the Accommodation Specialist shall constitute the final decision of the City, unless appealed according to the procedures and within the time limits provided in Section 34.08. Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. 23 Jufn!3/ A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. 34.06 Applicability Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the City's approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable st accommodation license hereunder shall, on or before January 1 of each year, provide the City with an updated affirmation that the reasonable accommodation is still necessary. In the event that the Accommodation Specialist has reasonable cause to believe that factors have changed, the Accommodation Specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the Accommodation Specialist, shall result in automatic termination of the reasonable accommodation upon written notice of the Accommodation Specialist. 34.07 Conditions and Guarantees Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. 34.08 Appeals Any decision reached by the Accommodation Specialist pursuant to Section 34.05 shall be subject to appeal to the City Council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Manager or their designee shall present such appeal to the Fridley City Council for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under Section 34.05. Following a hearing on such appeal, the Fridley City Council shall issue its findings, in writing, within 30 days. Passed and adopted by the City Council of the City of Fridley on this 23rd day of August, 2021. ______________________________________ Scott J. Lund - Mayor 24 Jufn!3/ ______________________________________ Daniel Tienter - City Clerk Public Hearing: August 9, 2021 First Reading: August 9, 2021 Second Reading: August 23, 2021 Publication: August 27, 2021 25 Jufn!3/ City of Fridley Summary Publication Ordinance No. 1395 Adding Chapter 34, Reasonable Accommodations, to the Fridley City Code The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 34, Reasonable Accommodations be added as follows: Fridley City Code Chapter 34, Reasonable Accommodation The Ordinance adds Chapter 34, Reasonable Accommodation, to the Fridley City Code. The Chapter is divided into the following: § 34.01, Purpose, describes the purpose of the code amendment and need for the policy; § 34.02, Definitions, provides applicable definitions for the chapter; § 34.03, Initiation of Reasonable Accommodation Request, process for Reasonable Accommodation Requests; § 34.04, Accommodation Specialist Determination and Required Findings, outlines the duties and obligations Accommodation Specialist; § 34.05, Notice of Decision, describes notification steps the City will take after an application is submitted; § 34.06, Applicability, states if an accommodation is approved by the City it is only allowed so long as the applicant resides at the property, the accommodation does not run with the land; § 34.07, Conditions and Guarantee, directs that the City may require the approved accommodation be recorded to the property; § 34.08, Appeals, outlines the process by which an applicant may appeal the decision of the Accommodation Specialist. Passed and adopted by the City Council of the City of Fridley on August 23, 2021. The full text of the ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 26 Jufn!4/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Nic Schmidt, Civil Engineer James Kosluchar, Public Works Director Title Resolution No. 2021-69, Approving Change Order No. 3 (Final) for Locke Park Water Treatment Plant Project No. 17-509 Background Attached is Change Order No. 3 (Final) for the Locke Park Water Treatment Plant Improvement Project No. 17-509. This project is for improving the reliability of plant filter operation, improved treatment of a public water supply and filter backwash water re-use. The work is being performed under a contract with Magney Construction, Inc. of Chanhassen, MN. The amount of this final change order is $3,866.44. Total work included in Change Order No. 3 would increase the current contract by 0.11%. Cumulative change orders to this project including Change Order No. 3 would total 1.47% of the original contract. Additional work was required due to the following: Wiring for Existing Flow Meters This pertains to the labor and materials required to install the salvaged flow meters and is necessary for reliable plant operation. West End Wall Panel Painting The removable west wall panels were salvaged in an effort to preserve budget. In a previous change order Staff recommended re-use of the existing panels and the City was given a credit of $19,609. This item is necessary to paint the existing panels to match the aesthetics of the new facilities. Note the project is complete and awaiting final payment. Financial Impact Funding for this project is provided by the Water Utility Fund through a Community Investment Fund loan. The project remains within budget and below the loan amount authorized. Recommendation Staff recommends the approval of Resolution No. 2021-69. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!4/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building x Financial Stability & Commercial Prosperity x Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-69 !Change Order No. 3 (Final) for Locke Park Water Treatment Plant Improvement Project No. 17- 509 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 28 Jufn!4/ Resolution No. 2021-69 Approving Change Order No. 3 (Final) for Locke Park Water Treatment Plant Improvement Project No. 17-509 Whereas, the Locke Park Water Treatment Plant Improvement Project No. 17-509 (Project) included Capital Investment Program is for improving the reliability of plant filter operation, improved treatment of a public water supply, filter backwash water re-use, and other ancillary items under contract with Magney Construction, Inc. of Chanhassen, MN (Contractor); and Whereas, the Project was funded by the City of FridleyWater Utility Fund through a Community Investment Fund loan; and Whereas, additional work has been directed by the City of Fridley (City) to be completed by the Contractor including the Final Change Order No. 3 in the amount of $3,866.44; and Whereas, cumulative additional work has been directed by the City has modified the original contract from $3,349,000 to $3,398,377.22 (1.47% increase); and Whereas, the Contractor performed work as directed by City staff and work is complete and awaiting final payment. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Approval of Change Order No. 3 (Final) for the Locke Park Water Treatment Plant Project in the amount of $3,866.44. rd Passed and adopted by the City Council of the City of Fridley this 23 day of August, 2021. _______________________________________ Scott J. Lund Mayor Attest: Daniel Tienter City Clerk 29 Jufn!4/ 2: Jufn!4/ 31 Jufn!4/ 32 Jufn!4/ 33 Jufn!4/ 34 Jufn!4/ 35 Jufn!5/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Daniel Tienter, Director of Finance/City Treasurer/City Clerk Korrie Johnson, Assistant Finance Director Title Resolution No. 2021-70, Approving Gifts, Donations and Sponsorships received between July 19, 2021 and August 16, 2021 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Exhibit A), which outlines the various donations, gifts and/or sponsorships received by the City between July 19, 2021 and August 16, 2021. To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Based on this process, staff recommend the Council adopt the attached resolution approving the donations, gifts, and sponsorships for this period. Financial Impact Every donation benefits the City of Recommendation Staff recommend the approval of Resolution No. 2021-70. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 36 Jufn!5/ Attachments and Other Resources !Resolution No. 2021-70 !Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 37 Jufn!5/ Resolution No. 2021-70 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between July 19, 2021 and August 16, 2021; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between July 19, 2021 and August 16, 2021, attached hereto as Exhibit A. Passed and adopted by the City Council of the City of Fridley this 23rd day of August, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 38 39 Jufn!5/ 101101101603270270270101407101101101270270270270270101270270237101101270270101270101101270270270270 270270270270270 Fund Schedule No. 1 $79.53$50.00$50.00$25.00$79.00$40.00$85.00$82.00$10.00$40.00$92.00$58.00 $45.00$66.00 $300.00$520.00$841.57$500.00 $496.05 $104.00$113.00$145.00$142.00$500.00$120.00 $160.00$185.00$577.00 $1,400.00$1,000.00$5,312.40$1,020.00$1,500.00$1,000.00$2,020.00$2,404.00$2,800.00 Value $141,016.00 Amount/ $164,977.55 Donor Name, if not anonymous Fridley LionsFridley LionsMINCORich Products CorporationVariousCaribou CoffeeSpringbrook Nature Center FoundationAnonymousJerry and Donna Bahls via the SNC Friends and Family of Ronald SchusterBell Bank Kevin ColemanClem and Elizabeth NagelFriends of Fridley Education Foundation VariousVariousVariousSarah WaltherVariousVariousSMSC Organics Recycling FacilityCynthia and Thomas MarkhamSam's ClubSpringbrook Nature Center FoundationVariousSchmit TowingVariousunknownFrank and Maija SedzielarzVariousVariousVariousVarious VariousVariousVariousVariousVarious Program Donation Box Contents Donation Box Contents Donations from Michael Servetus Unitarian Society ConcertDonation Box Contents Donation Box Contents Ice Skate DriveDonation for Winterfest 2021Night to Unite Donation (For 2021 Supplies)Donation of landDonation Box Contents General ContributionReimbursement from Springbrook Foundation Memorial PlaquesDonation to Police DepartmentPavilion Activity Center Donation Memorial donation to Fire Dept"Pay it Forward" donation to FPD Reserve UnitPolice K9 Unit donationGeneral ContributionWaterproof Cameras for Camps Donation Box Contents Donation Box Contents Donation Box Contents Donation of Gift Cards for Freewheel Bike ShopDonation Box Contents Donation Box Contents Donation of compost for organics recycling participantsDonation to Support Police OfficersDonation of 505 COVID Face ShieldsReimbursement for memorial benches Donation Box Contents Donation to FPD Police Activity LeagueDonation Box Contents Donation to Pickleball ProgramDonation to replace interpretive signs at Innsbruck Nature CenterDonation Box Contents Donation Box Contents Donation Box Contents Donation Box Contents SNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNCSNC SNCSNCSNCSNCSNC Division Recycling RecreationRecreationRecreationRecreation Public SafetyPublic SafetyPublic SafetyPublic SafetyPublic SafetyPublic SafetyPublic SafetyPublic SafetyPublic Safety Public Works Department or Date 1/5/20211/7/20211/7/20212/2/20214/2/20214/8/20215/4/20215/7/2021 Received 1/11/20211/26/20212/25/20213/10/20213/19/20214/13/20214/27/20214/28/20214/30/20214/30/20215/10/20215/14/20215/16/20215/19/20215/28/20216/11/20216/11/20216/11/2021 6/22/20217/14/20217/27/20217/27/20217/27/2021 12/22/202012/22/202012/22/202012/22/202112/23/202012/31/202012/31/2020 Gifts, Donations, and Sponsorships - City of Fridley Jufn!6/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Resolution No. 2021-71, Approving Claims for the Period Ending August 18, 2021 Background Attached is the list of claims for the period ending August 18, 2021. Financial Impact Included in the budget. Recommendation Staff recommend the adoption of Resolution No. 2021-71. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building x Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-71 !Exhibit A: City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3: Jufn!6/ Resolution No. 2021-71 Approving Claims for the Period Ending August 18, 2021 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for good and services prior to the release of payment; and Whereas, a list of such claims for the period ending August 18, 2021, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims attached hereto as Exhibit A. rd Passed and adopted by the City Council of the City of Fridley this 23 day of August, 2021. _______________________________________ Scott J. Lund Mayor Attest: Daniel Tienter City Clerk 41 42 Jufn!6/ 43 Jufn!6/ 44 Jufn!6/ 45 Jufn!6/ 46 Jufn!6/ 47 Jufn!6/ 48 Jufn!6/ 49 Jufn!6/ 4: Jufn!6/ 51 Jufn!6/ 52 Jufn!6/ 53 Jufn!6/ 54 Jufn!6/ 55 Jufn!6/ 56 Jufn!6/ 57 Jufn!6/ 58 Jufn!6/ 59 Jufn!6/ 5: Jufn!6/ 61 Jufn!6/ 62 Jufn!6/ 63 Jufn!6/ 64 Jufn!6/ 65 Jufn!6/ 66 Jufn!6/ 67 Jufn!6/ 68 Jufn!6/ 69 Jufn!6/ 6: Jufn!6/ 71 Jufn!6/ 72 Jufn!6/ 73 Jufn!6/ 74 Jufn!6/ 75 Jufn!6/ 76 Jufn!6/ Jufn!7/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Ryan George, Deputy Director of Public Safety Police Division Title Resolution No. 2021-68, Revocation of the On-Restaurant Background Angel Morocho-Carchi applied for an On- d. N.E. in October 2020. Chapter 603 of Fridley City Code (Intoxicating Liquor) contains 23 standard conditions that apply to all liquor licenses. In addition to the standard conditions, the City Council has the authority to impose other reasonable conditions it deems necessary to protect the health, safety, and general welfare of the public. After staff noted potential additional license conditions was added (Exhibit A). The conditional liquor license was approved by the City Council on November 9, 2020. The liquor license was renewed with the same conditions for the 2021-2022 license period, which runs from May 1, 2021 to April 30, 2022. Pursuant to Chapter 603.17, the City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of Chapter 603 or of any State law or Federal law regulating the sale of intoxicating liquor. The City Council shall revoke such license for any willful violation which, under the laws of the State is grounds for mandatory revocation. assaults, a shooting, urination in the parking lot, drinking in the parking lot, and remaining open well attempts were made by staff to connect with the licensee, Mr. Morocho-Carchi. Unfortunately, Mr. Morocho- When contact was finally made with Mr. Morocho-Carchi and his attorney on July 30, 2021, he admitted 603.07 sach license is issued to the applicant at the premises described in the application. No license may be transferred to another person or to another location.Since Mr. Morocho- possess a valid liquor license after his voluntary departure from the business. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 77 Jufn!7/ Staff have documented violations of the standard conditions set forth in Chapter 603, as well as violations of the additional conditions that were imposed. Violations of the conditions listed below are detailed in Exhibit B. Violations of Chapter 603: !603.02 - No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. !603.02 - No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Night License Endorsement for an existing liquor license as provided in this Chapter. !603.10, subd. 2. - Licensees shall be responsible for the conduct of their place of business and the conditions of sobriety and order in the place of business and on the premises. !603.10, subd. 4. - No license shall be effective beyond the space named in the license for which it was granted. !603.10, subd. 16. - Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the case may be, shall be submitted to the City Clerk within thirty (30) days after such changes are made. Notwithstanding the definition of interest as given in Section 603.08, in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Section 603.03.3. !603.11, subd. 1. - No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Sunday. !603.11, subd. 2. - It shall be unlawful for any persons or customers, other than the licensees or their employees to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including the licensees and their employees, after 1:30 a.m. !603.20, subd. 1. - No person shall work as a manager of a premises licensed under this Chapter, and no licensee shall permit any such person to be so employed, unless such person, within seven (7) days after first being so employed, shall apply for a license to engage in such business. No persons may be so employed for any length of time if their license is denied or revoked. !603.26, subd. 1. - The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code, with the exception of a temporary license, will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. Violations of On-Sale Intoxicating Liquor License conditions: !Close by 1:00 a.m., regardless of the day of week. !The safety of patrons, staff, and the community shall be the top priority of management, staff, and contracted personnel. !The establishment shall employ staff and/or contracted personnel who are capable of maintaining a safe and welcoming environment for everyone. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 78 Jufn!7/ !Staffing shall be sufficient to provide control of patrons and guests at all times. !Staff and/or contracted personnel shall be responsible for the activities of patrons and guests . !Attention shall be paid to activities occurring in the parking lot to discourage loitering, public urination, drinking, drug use, or violence. !not negatively impact surrounding businesses, residences, or public property. ! such venue at which liquor will be sold. The City of Fridley reviews license applications for all on-sale and off-sale liquor establishments. The discretion to issue or deny a liquor license rests with the City Council. There is no inherent right to sell by Due to the documented violations of the license conditions imposed by the City Council, staff are recommending the revocation of the On-Sale Intoxicating Liquor License issued to Angel Morocho- Financial Impact licensing fees during the annual renewal period. Another $4,500 is due on October 1, 2021. If the license is revoked, the second payment will not be required. Per Chapter 603.05, subd. 7, no part of the fee paid for any license shall be refunded. Recommendation Staff recommend the approval of Resolution No. 2021-68. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-68 !Exhibit A: -Sale Intoxicating Liquor License !Exhibit B: and concerns noted throughout operation Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 79 Jufn!7/ Resolution No. 2020-68 Revocation of the On- Whereas, , a Minnesota limited liability company, currently operates a restaurant at 1040 Osborne Road N.E, Fridley; and Whereas, -Carchi (Licensee), holds an On-Sale Intoxicating Liquor License (License) that was renewed by the City of Fridley (City) effective May 1, 2021; and Whereas, on August 23, 2021, the City Council held a public hearing for the purpose of considering if the City should impose sanctions regarding Mr. Morocho-icense due to significant concerns regarding oversight of operations, residents, and other persons and property within the surrounding area; and Whereas, Morocho-Carchi was provided reasonable notice of the hearing, notice of which was published in the Star Tribune on August 13, 2021; and Whereas, during Morocho-Carchi an opportunity to provide any testimony and evidence that he wished for the City Council to consider in rendering its decision; and Whereas, since Morocho-Carch in November of 2020, there have been numerous incidents related to the establishment that have significantly jeopardized public safety, including, but not limited to a shooting, fights, other criminal activity, and violations of the conditions of the license issued to Morocho-Carchi as further described below; and Whereas, between May and July 2021, Morocho- License during that period; and Whereas witness testimony that someone had fired several rounds in the south parking lot, and recovered a 9mm shall casing at the scene; and Whereas, past 1:00 am, and an individual urinating on the side of the building, additionally officers from the Fridley Police Department and the Spring Park Police Department responded to a report of 20 people fighting in the parking lot a fight that spilled over into the parking lot of the Minnoco next door, damaging vehicles in the Minnoco parking lot; and 7: Jufn!7/ Whereas-site but ineffective in addressing the incidents that occurred on May 14, 2021, and July 11, 2021; and Whereas, after the July 11, 2021, incidents, staff attempted to contact Morocho-Carchi via phone, but the voicemail box was not set-up, and email, but no response was received from Morocho- Carchi until staff received voicemails from Morocho-Carchi and his attorney on July 23, 2021, requesting to meet with city staff a meeting was scheduled for July 30, 2021; and Whereas, on July 21, 2021, staff received a phone call from an individual, Jonathan Hernandez, Managerial License on file with the City, as required by City Code, and Hernandez also informed the City that Morocho- Whereas, staff informed Hernandez that since Morocho-Carchi was not operating the business in received a message from Morocho- individual, Jose, were operati-Carchi was on vacation for 2-3 more weeks and that Hernandez had been terminated for disclosing to staff that Morocho-Carchi had stepped Whereas, staff met with Morocho-Carchi and his attorney on July 30, 2021 and at the meeting Morocho-Carchi admitted that he had stepped away from the business in early May 2021, acknowledged he understood the terms of the license, provided that other employees and family absenc in a manner that complied with Chapter 603 of the Fridley City Code or the additional license conditions approved by the City Council; and Whereas control of security measures, and appears unable to successfully operate a safe and secure environment for the dispensing of alcohol; and Whereas, the Minnesota Supreme Court has recognized that there is no property right in a liquor license and, therefore, municipalities have broad discretion to determine the manner in which liquor licenses are issued, regulated, and revoked; and Whereas, Minnesota Statutes § 340A.415 authorizes the City to revoke an On-Sale Liquor License on a finding that the license holder has failed to comply with any applicable statute, rule, or ordinance relating to alcoholic beverages or the operation of the licensed establishment; and Whereas, the City has documented numerous violations of the City Code including violations of the following specific provisions: !603.02 - No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. 81 Jufn!7/ !603.02 - No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Night License Endorsement for an existing liquor license as provided in this Chapter. !603.10, subd. 2. - Licensees shall be responsible for the conduct of their place of business and the conditions of sobriety and order in the place of business and on the premises. !603.10, Subd. 4. - No license shall be effective beyond the space named in the license for which it was granted !603.10, subd. 16. - Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. Notwithstanding the definition of interest as given in Section 603.08, in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Section 603.03.3. !603.11, subd. 1. - No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Sunday. !603.11, subd. 2. - It shall be unlawful for any persons or customers, other than the licensees or their employees to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including the licensees and their employees, after 1:30 a.m. !603.20, subd. 1. - No person shall work as a manager of a premises licensed under this Chapter, and no licensee shall permit any such person to be so employed, unless such person, within seven days after first being so employed, shall apply for a license to engage in such business. No persons may be so employed for any length of time if their license is denied or revoked. !603.26, subd. 1. - The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code, with the exception of a temporary license, will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises; and Whereas, the City has documented the following violation of the additional conditions imposed !Close by 1:00 a.m., regardless of the day of week; !The safety of patrons, staff, and the community shall be the top priority of management, staff, and contracted personnel; !The establishment shall employ staff and/or contracted personnel who are capable of maintaining a safe and welcoming environment for everyone; !Staffing shall be sufficient to provide control of patrons and guests at all times; !Staff and/or contracted personnel shall be responsible for the activities of patrons and ; !Attention shall be paid to activities occurring in the parking lot to discourage loitering, public urination, drinking, drug use, or violence; 82 Jufn!7/ ! businesses, residences, or public property; ! at which liquor will be sold; and Whereas, allowing Morocho--Sale Intoxicating Liquor License would permit the continuation of a significant risk to public health and safety. Now therefore, be it resolved by the City Council of the City of Fridley, Minnesota, as follows: 1.!The recitals outlined above are hereby adopted by the City Council as factual findings and are fully incorporated herein. 2.!The On-Sale Intoxicating Liquor License held by Angel Morocho- N.E., Fridley, Minnesota 55432 is hereby revoked, effective immediately. Passed and adopted by the City Council of the City of Fridley this 23rd day of August 2021. _________________________________ Scott J. Lund Mayor ATTEST: ________________________________ Daniel Tienter City Clerk 83 Jufn!7/ 84 Jufn!7/ 85 Jufn!7/ B Relevant Timeline st January 31, 2020 Manuel Morocho Llapa entered into a lease agreement with Commercial Equities Partners LLC for the property at 1040 Osborne Rd NE. The lease covers the main building, parking lots, and detached garage. The lease is a contract-for-deed with total payments estimated at $1,500,000. th February 11, 2020 Angel Morocho-Carchi met with the Development Review Committee (DRC) at Fridley City Hall to discuss his plans for the business. At the time, he expressed his intentions of opening a restaurant and event center. Public Safety staff had immediate concerns when Morocho-Carchi spoke about plans to have 8 to 10 security guards on the property and metal detectors at the doors. He was informed at that time that nightclubs are generally discouraged in Fridley because it is nearly impossible for them to meet the 60/40 liquor-to-food ratio that is required by Chapter 603 of Fridley City Code for an On-Sale Intoxicating Liquor License. Morocho-Carchi stated at that time that he would not be operating his business as a nightclub, but as a family restaurant that occasionally hosted private events like weddings, anniversaries, and birthday parties. He was unable to explain why those events would require so much security and metal detectors. th February 17, 2020 State. The organizer is listed as Manuel Morocho Llapa and the registered address is 1040 Osborne Rd NE. st March 1, 2020 The lease term for the building started, with a termination date of May 31, 2030. th August 4, 2020 Following successful inspections by the Fridley Fire Marshal, Fridley Building Official, and Anoka - Carchi listed as the sole licensee. Morocho-Carchi worked with Deputy Director George to navigate the liquor license application process. th September 11, 2020 Deputy Director George conducted a walk--Carchi. The topic of a nightclub or dance club was addressed again, and Morocho-Carchi assured city staff and family gatherings. st October 1, 2020 Angel Morocho-Carchi applied for a City of Fridley On-Sale Intoxicating Liquor License. 86 Jufn!7/ th October 11, 2020 hours as 10:00 PM to 2:00 AM. The event was also a ticketed event for patrons aged 21 and twelve people. The VIP Tickets were $600 and included two bottles of liquor and a bottle of champagne. The advertised event immediately raised concern, especially since the business had not received a liquor license yet. Additionally, a 2:00 AM endorsement requires additional approvals at the municipal and state levels. center. Deputy Director George reached out to Angel Morocho-Carchi to discuss his concerns. Mr. Morocho-Carchi was told that the sale of food must account for 40% annual sales, which would be difficult to achieve if the business holds events such as this. Mr. Morocho-Carchi responded by email mission statement, which stated that the as baptisms, baby showers, weddings, th October 16, 2020 In accordance with section 603.07 of Fridley City Code, a Notice of Public Hearing was published in the LIFE newspaper to notify interested parties of a public hearing that th was scheduled for October 26, 2020. th October 26, 2020 A public hearing was held to consider Angel Morocho-ey On-Sale 87 Jufn!7/ Liquor License application. Mr. Morocho-Carchi was present at the public hearing and addressed the concerns of Public Safety staff and the City Council. Mr. Morocho-Carchi made assurances to a nightclub, and he cancelled the advertised event. The public hearing was held, but action on the liquor license was tabled for th consideration at the November 9, 2020 City Council meeting. th November 9, 2020 The On-Sale Intoxicating Liquor License was recommended for approval, with conditions, at the City Council meeting. Chapter 603 of Fridley City Code (Intoxicating Liquor) contains 23 standard conditions that apply to all liquor licenses. In addition to the standard conditions, the City Council has the authority to impose other reasonable conditions it deems necessary to protect the health, safety, and general welfare of the public. Due to the unique attributes of the building, the fact that Mr. Morocho-Carchi had no history with a liquor license, and evidence of an intent to conduct the business in a way that was not the same as a traditional restaurant, staff recommended approval of an On-Sale Liquor License with the conditions outlined in Attachment A. Mr. Morocho-Carchi was present at the November 9th City Council meeting, and he was amenable to the conditions that were recommended by staff. The conditional on-sale liquor license was approved by the City Council, and it was issued to Morocho-Carchi the following day th on November 10, 2020. thth November 10, 2020 to January 11, 2021 -only due to COVID-19 restrictions. Morocho- 2020. th February 25, 2021 Angel Morocho- Coon Rapids at 3:40 AM (Case # 21-040113). The police reported noted that Mr. Morocho- Morocho-Carchi later disclosed his DWI arrest to Deputy Director George. When asked about why he was driving home from work in an intoxicated state at 3:40 AM, he claimed that he had more drinks. Mr. Morocho-Carchi 88 Jufn!7/ th April 13, 2021 A community member emailed the City of Fridley to address an issue involving her 17-year-old th , 2021. Her email stated the following: have in regards to our community's health in the middle of a pandemic. My daughter attended one of their events on Sunday night 4/11, no masks, no safe distance, and a bunch of minors. My daughter, 17yrs old, looked as if she had alcohol, she didn't want to admit it. The event ended waaaay past 11pm, she got home 1am (I addressed that privately). I thought bars and night clubs suppose to close at 11pm. I know, dealing with a teenager is tough, but places like Halos Restaurant and Night Club make it difficult on our Deputy Director George forwarded the complaint to Angel Morocho-Carchi and specifically addressed the VID protocols and their failure to close at 11:00 PM. Angel responded as follows: the person who is in charge that they end their gathering by 10:30-10:45 so we can have enough time to clean and get their guests out the banquet side. Following the 11pm state and local time of closure. On this date we had to ask the host to shut it down early as their guests did not want to follow our guidelines that we have set May 1, 2021 -2022. Angel Morocho-Carchi submitted the necessary paperwork for his On-Sale Intoxicating Liquor License. Mr. Morocho- th Carchi stated on April 28 asked what process he needed to follow. He was provided with instructions on how to complete the application on CitizenServe, which is the online portal that he had used to apply for the business license. A managerial license application was never submitted. In the On-Sale Intoxicating Liquor License renewal paperwork, Mr. Morocho-Carchi was listed as the only person who had a financial stake in the business, and no business partners were listed in the application materials. The On-Sale Intoxicating Liquor L 2020 at the initial license approval. 89 Jufn!7/ th Friday May 14, 2021 arrived on scene and learned that someone had fired several rounds from a handgun in the south parking lot of the business. A 9mm shell casing was recovered. Security personnel claimed were no functional cameras outside the business. Officers learned from witnesses that a dispute had occurred between members of a wedding party at the location. An unknown person began and then declined to cooperate any further with the investigation. Manuel Morocho was onsite and identified himself to officers as the owner of the business. th Monday May 17, 2021 Angel Morocho-Carchi emailed Deputy Director George and asked about the likelihood of obtaining a 2:00 AM bar closing endorsement from the City of Fridley. He made no mention of the shots-fired incident over the weekend. Deputy Director George responded by email and proven track record of compliance with the conditions of their liquor license. Mr. Morocho- your property. Please work with your staff to ensure compliance with all applicable laws, as well as the co-Carchi. th June 26, 2021 Fridley Police received a complaint from an anonymous community member who reported that anonymous complainant reported that the person promoting the underage alcohol sales had a history of similar behavior. Officers documented the complaint and planned a walk-through of the establishment if time allowed. 8: Jufn!7/ th July 11, 2021 12:30 AM noted that motorcyclists were revving their engines, high speeds. Several patrons were observed sitting on the front landscaping and openly drinking from beer bottles. Another male was walking through the parking lot and drinking from a 1.75L bottle of Hennessey. Empty alcohol bottles were scattered throughout the north parking lot. actions as we were grossly outnumbered by the people in the lot and the heavy call load. There were also several ring, an 18+ dance party was also taking place. The advertisement th July 11, 2021 1:31 AM A drive-ng lot revealed that it was still full of vehicles and the bar was clearly still open. A male was found urinating on the side of the building. th July 11, 2021 2:14 AM Officers from Fridley PD and Spring Lake Park PD responded to a report of 20 people fighting. Officers arrived to find agitated patrons in the parking lot who were fight that had taken place. Security personnel were on-site, but it was apparent that their presence did not effectively deter the disorderly behavior of the patrons. A female patron reported that approximately twenty males were physically fighting with two other intoxicated males. Officers documented bottles of alcohol and plastic drink cups in the parking lot. Several items were photographed and collected as evidence. th July 12, 2021 A neighboring business, Minnoco, called Fridley Police to report damage to two of the vehicles that were parked in the lot over the weekend. The side mirrors were broken off of both vehicles. 91 Jufn!7/ into his lot at approximately 2:15 AM. A group of disorderly Ha damaged vehicles, and the victim surmised that the group was responsible for the damage. th July 13, 2021 Deputy Director George attempted to call Angel Morocho-Carchi, but he received no answer. The voicemail box was also unavailable, so no message was left. The following email was sent to Mr. Morocho-Carchi at halosbarandgrill@gmail.com: allowed to operate under a conditional liquor license, multiple high-profile incidents have occurred including a shooting and a large fight. Additionally, the bar recently hosted an 18+ event that was sold at the event, and patrol officers witnessed large amounts of people openly drinking alcohol in the parking lot. They reported that security personnel were on site, but they did nothing to stop the behavior. Patrons were also observed urinating in to a neighboring business. Officers documented that the parking lot was still packed full of vehicles at 1:31 AM, and the large fight in the parking lot occurred at about 2:14 AM. The presence of patrons on site that late is a clear violation of the 1:00 AM closing condition that was set by the City Council when they approved your license. The City of Fridley is exploring the next steps that will be taken concerning your c No response was received from Mr. Morocho- st July 21, 2021 The Fridley PD Office Coordinator received a phone call from Jonathan Hernandez, who onathan was requesting a Fridley Police th . Specifically, they were requesting an officer with a marked squad car with the emergency lights illuminated. Deputy Director George asked for the call to be transferred to him. on file with the City of Fridley. When asked about why Angel Morocho-Carchi had ceased communication with the City, Jonathan stated that Mr. Morocho- the business and was not communicating with the staff who remained. Deputy Director George informed Jonathan that Mr. Morocho-Carchi was the only person listed on the On- Morocho- a safe environment that remained in compliance with the conditions of the On-Sale Intoxicating Liquor L the sole licensee had walked away from the business. 92 Jufn!7/ Upon conclusion of the phone conversation with Jonathan, Deputy Director George received an email from halosbarandgrill@gmail.com stating, Good afternoon, I just want to inform you that Angel is on vacation and should be returning between 2-3 weeks. My name is Gaby, I am his sister and will be taking over while he is out. Also, we have an additional General Manager, his name is Jose. Me and Jose can be reached through this email or through the restaurant 763-786-9653 during business hours. Thank you, Gaby Jose Deputy Director George replied to the email from Gaby and Jose with the following email: Gaby and Jose, -Carchi has walked away from the business. Aside from operating in, Angel did not list any financial partners on the liquor license application and is therefore the sole licensee. Additionally, he has not completed managerial licenses for anyone despite several requests. The business has failed to comply with the conditions of the liquor license that was approved by the Fridley City Council, so a recommendation will be made to the City Council for official revocation of the liquor license. It is extremely important to note that the business is not allowed to sell any intoxicating liquor without a liquor license. Angel has failed to respond to my phone calls and emails regarding the liquor license violations, and I have serious concerns abo Without a responsible party as the licensee, the business is not authorized by the City of Fridley to sell intoxicating liquor. shall not serve any intoxicating liquor without a valid liquor license. intoxicating liquor, that person will need to apply for their own liquor license here: www.citizenserve.com/fridley. Deputy Director George followed- spoke with Deputy Director George and expressed an interest in taking over operations of - not know exactly where he was, but he expected him to return within three weeks. When Jose was asked about reports that Mr. Morocho-Carchi had walked away from the business, Jose 93 Jufn!7/ stated that Jonathan was not authorized to disclose that information and he had been promptly terminated. Jose was referred to Fridley City Code, specifically Chapter 603, for further guidance. He was manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as only food and non-alcoholic beverages. rd July 23, 2021 Deputy Director George received separate voicemails from Angel Morocho-Carchi and his th scheduled for Friday July 30 and Fridley City Hall. th July 30, 2021 Deputy Director George and Lt. Nick Knaeble met with Angel Morocho-Carchi and attorney John Akwuba in the Osborne Room at Fridley City Hall. Mr. Morocho-Carchi admitted that he stepped away -2022 On-Sale Intoxicating Liquor License renewal. Mr. Morocho-Carchi was provided with a copy of the conditions that were placed on his On-Sale Intoxicating Liquor license. He acknowledged that he had the list in the past, and he was fully Mr. Morocho- ongoing stressors in his personal life that led him to step aside from the business. Mr. Morocho- Carchi stated that while he was away from the business, other family members and employees stepped in and conducted business in a manner that did not reflect his values and mission. Deputy Director George reminded Mr. Morocho-Carchi that, as the license holder, he was conditions of the On-Sale Intoxicating Liquor License. Mr. Morocho-Carchi did not identify any business partners during his initial application or the renewal. Furthermore, he did not officially identify any managers and obtain the proper managerial licenses from the City of Fridley. When Mr. Morocho-Carchi made the decision to step aside from the business, he did not communicate his intentions to the City. Mr. Morocho- with Chapter 603 of Fridley City Code, or with the additional conditions that were approved by the City Council. Mr. Morocho-Carchi requested to have the opportunity to operate under his existing On-Sale Intoxicating Liquor L with the conditions of their license, despite their inability to do so in the past. 94 Jufn!7/ Mr. Morocho-Carchi and his attorney were informed that a recommendation would be made to the City Council that the On-Sale Intoxicating Liquor License issued to Angel Morocho-Carchi should be revoked due to the issues addressed in this memo. A notice of public hearing was th forwarded to the Star Tribune for publication in their newspaper on August 13, 2021. The rd public hearing is scheduled for August 23, 2021. 95 Jufn!8/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Rachel Workin, Environmental Planner Title Resolution No. 2021--02 Allowing Shared Micromobility Vehicles Background On May 12, 2021, Bird Rides, Inc. submitted a Text Amendment application to update the Fridley City Code regarding shared micromobility devices. A public hearing and first reading of Ordinance No. 1393, Amending the Fridley City Code Chapter 509, Motorized Vehicle Rentals was held by the Fridley City Council on June 29, 2021. On July 29, the Fridley City Council tabled the second reading of the ordinance due to a code enforcement case involving a Fridley resident charging scooters for Bird Rides, Inc. from their garage, which is a violation of City Code Chapter 205.07. On August 19, 2021, Bird Rides, Inc. formally withdrew their Text Amendment application. Financial Impact None Recommendation Staff recommend that the City Council approve Resolution No. 2021-72. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-72 !Exhibit A: Letter of Withdrawal from Bird Rides, Inc. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 96 Jufn!8/ Resolution No. 2021-72 Receiving the Formal Withdrawal of a Text Amendment Application by Bird Rides, Inc. Whereas, the Fridley City Charter § 1.02 authorizes the City of Fridley (City) to make and pass ordinances to promote the peace, good government and welfare of the City through its City Code (Code); and Whereas, on May 12, 2021, the City received a Text Amendment application from Bird Rides, Inc. to consider revising the Code to allow for shared micromobility devices; and Whereas, on June 29, 2021, the City Council conducted a first reading of Ordinance No. 1393, Amending Fridley City Code Chapter 509, Allowing Shared Micromobility Devices, Petitioned by Bird Rides, Inc.; and Whereas, on August 19, 2021, Bird Rides, Inc. formally withdrew its Text Amendment application. Now, therefore be it resolved, that the City Council of the City of Fridley, Minnesota hereby receives the formal withdrawal of the Text Amendment application by Bird Rides, Inc. Passed and adopted by the City Council of the City of Fridley this 23rd day of August, 2021. _______________________________________ Scott J. Lund Mayor Attest: Daniel Tienter City Clerk 97 Jufn!8/ From:Hickok, Scott To:Moore, Melissa Subject:FW: Fridley<>Bird Follow Up Date:Thursday, August 19, 2021 3:42:59 PM Here you go….. From: Austin Marshburn <amarshburn@bird.co> Sent: Thursday, August 19, 2021 11:40 AM To: Workin, Rachel <Rachel.Workin@fridleymn.gov> Cc: Cahill, Daniel <Daniel.Cahill@fridleymn.gov>; Hickok, Scott <Scott.Hickok@fridleymn.gov>; Kate Shoemaker <kate.shoemaker@bird.co>; Stromberg, Stacy <Stacy.Stromberg@fridleymn.gov>; Brandon Ratliff <brandon.ratliff@bird.co> Subject: Re: Fridley<>Bird Follow Up Hi Rachel, Sorry to just miss your call. Happy to chat further if you'd like. However, I think your solution makes sense. Therefore, Bird Rides Inc would like to formally withdraw text amendment application #21-02 from consideration. I would love to revisit in the future. Best, Austin 98 Jufn!9/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Rachel Workin, Environmental Planner Title Resolution No. 2021-73, Directing No Updates be Made to Fridley City Code Chapter 11, Fees, Regarding Micromobility Sharing Services Background On May 12, 2021, Bird Rides, Inc. submitted a Text Amendment application to update Fridley City Code Chapter 509 to allow for shared micromobility vehicles. A first reading of Ordinance No. 1394, Amending the Fridley City Code Chapter 11, Fees, Adding Micromobility Sharing Services Licensing Fee, Micromobility Impoundment and Storage Fees was held by the Fridley City Council on June 29, 2021. On August 19, 2021, Bird Rides, Inc. formally withdrew their Text Amendment application. Since the application has been withdrawn, changes to Chapter 11, Fees, associated with the amendment are no longer required. Financial Impact None. Recommendation Staff recommend that the City Council approve Resolution No. 2021-73. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-73 !Exhibit A: Letter of Withdrawal from Bird Rides, Inc. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 99 Jufn!9/ Resolution No. 2021-73 Directing No Updates be Made to Fridley City Code Chapter 11, Fees, Regarding Micromobility Sharing Services Whereas, the Fridley City Charter § 1.02 authorizes the City of Fridley (City) to make and pass ordinances to promote the peace, good government and welfare of the City through its City Code (Code); and Whereas, the Fridley City Code Chapter 11, Fees, sets charges associated directives established in the Code; and Whereas, on May 12, 2021, the City received a Text Amendment application from Bird Rides, Inc. to consider revising the Code to allow for shared micromobility devices; and Whereas, on June 29, 2021, the City Council conducted a first reading of Ordinance No. 1394, Amending the Fridley City Code Chapter 11, Fees, Adding Micromobility Sharing Services Licensing Fee, Micromobility Impoundment and Storage Fees; and Whereas, on August 19, 2021, Bird Rides, Inc. formally withdrew its Text Amendment application; and Whereas, an update to the Fridley City Code Chapter 11, Fees, is no longer required. Now, therefore be it resolved, that the City Council of the City of Fridley, Minnesota hereby directs that an update to the Fridley City Code Chapter 11, Fees, Adding Micromobility Sharing Services Licensing Fee, Micromobility Impoundment and Storage Fees is not required. Passed and adopted by the City Council of the City of Fridley this 23rd day of August, 2021. _______________________________________ Scott J. Lund Mayor Attest: Daniel Tienter City Clerk 9: Jufn!9/ From:Hickok, Scott To:Moore, Melissa Subject:FW: Fridley<>Bird Follow Up Date:Thursday, August 19, 2021 3:42:59 PM Here you go….. From: Austin Marshburn <amarshburn@bird.co> Sent: Thursday, August 19, 2021 11:40 AM To: Workin, Rachel <Rachel.Workin@fridleymn.gov> Cc: Cahill, Daniel <Daniel.Cahill@fridleymn.gov>; Hickok, Scott <Scott.Hickok@fridleymn.gov>; Kate Shoemaker <kate.shoemaker@bird.co>; Stromberg, Stacy <Stacy.Stromberg@fridleymn.gov>; Brandon Ratliff <brandon.ratliff@bird.co> Subject: Re: Fridley<>Bird Follow Up Hi Rachel, Sorry to just miss your call. Happy to chat further if you'd like. However, I think your solution makes sense. Therefore, Bird Rides Inc would like to formally withdraw text amendment application #21-02 from consideration. I would love to revisit in the future. Best, Austin :1 Jufn!:/ AGENDA REPORT Meeting Date: August 23, 2021 Meeting Type: City Council Meeting Submitted By: Melissa Moore, Administrative Services Coordinator/Deputy City Clerk Daniel Tienter, Director of Finance/City Treasurer/City Clerk Title Resolution No. 2021-67, Authorizing and Directing Efforts Related to the Recodification of the Fridley City Code Background Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the City Council (Council) may codify and publish ordinances that carry the force and effect of law for the City of Fridley (City), which may be arranged into a system generally referred to as the Fridley City Code (Code). Furthermore, Charter § 3.10 provides for the recodification of the Code at least every 10 years. In 2020, the City Manager informally began the Fridley City Code Recodification Project (Project) by soliciting recommendations from staff for possible amendments to the Code. To further support this effort, the City Manager also formed the Recodification Coordinating Group (RCG), which included a team of staff from the City Management and Finance Departments, along with subject matter experts from various City divisions. Through the RCG, the City will review every chapter of the Code and suggest revisions to the Council. To ensure greater public awareness of potential Code amendments, the City Manager will present any recommendations related to the recodification effort at predetermined Conference and Regular Meetings. Also, the Council plans to consider first readings of various ordinance amendment in groups of similar chapters, and then delay consideration of the second readings until such time that it may adopt an entire title (i.e., set of chapters). While the City will publish a summary ordinance of any Code amendments in the Official Publication, it will also communicate any changes of greater public interest through its various communications platforms (e.g., newsletter, social media, website). At the August 9, 2021 Conference Meeting, the City Council reviewed the proposed Project and guided staff to present a resolution for Council consideration at the August 23, 2021 Regular Meeting. The attached resolution formally authorizes and directs the City Manager to begin the Project, which staff anticipate approximately three years to complete. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :2 Jufn!:/ Financial Impact None at this time. However, some City Code changes may have specific financial impacts, which will be reviewed with the Council as part of the amendment process. Discussion Staff recommend the approval of Resolution No. 2021-67. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2021-67 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :3 Jufn!:/ Resolution No. 2021-67 Authorizing and Directing Efforts Related to the Recodification of the Fridley City Code Whereas, pursuant to Minnesota Statute § 415.02 the City of Fridley (City) may codify and publish ordinances and other regulations as evidence of the laws of the municipality; and Whereas, Fridley City Charter (Charter) § 1.02 authorizes the City to make and pass ordinances to promote the peace, good government and welfare of the City; and Whereas, Charter § 3.10 requires the City to rearrange and codify the Fridley City Code (Code) at an interval of every ten years; and Whereas, the process of codification requires the collection, classification and revision of the various chapters and sections of the Code to improve clarity, equity and uniformity; and Whereas, in 2020, the City Manager created the Recodification Coordinating Group (RCG) among staff to review and recommend Code modifications to the City Council; and Whereas, in partnership with all departments, the RCG conducted a preliminary review and inventory of the Code to identify any potential revisions; and Whereas, the preliminary review demonstrated the need for a formal, transparent process to review, revise and recodify the Code; and Whereas, the City Council, at their August 9, 2021 Conference Meeting, reviewed the proposed recodification process and guided staff to present a resolution for their consideration at future City Council meeting. Now, therefore be it resolved, that the City Council of the City of Fridley, Minnesota hereby authorizes and directs the City Manager to formally begin the recodification of the Fridley City Code and to make regular report to the City Council on the progress related thereto at least every six months. Passed and adopted by the City Council of the City of Fridley this 23rd day of August, 2021. _______________________________________ Scott J. Lund Mayor Attest: Daniel Tienter City Clerk :4