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04/20/1992 - 00005468� � � THE MINUTES OF THE REGULAR MEETTNG OF THE FRIDLEY CITY COUNCIL OF APRIL 20, 1992 The regular meeting of the Fridley City CounciL was called to order at 8:47 p.m. by Mayor Nee, after the Board of Review meeting. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Fitzpatrick Councilman Schneider and Councilman Fitzpatrick COUNCIL MEETING, APRIL 6, 1992: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the aqenda as Seconded by Councilman Billings. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: TOM TREUENFELS, 479 - 79TH WAY N.E.: submitted. all voting Mr. Treuenfels stated that during the past week, he contracted with Johnson Sanitation. They came to his house and took a 90 gallon container and replaced it with a 30 gallon container. He stated that they told him it was a City ordinance that the maximum container size was 32 gallons. Mr. Treuenfels asked why the City had a limit of 32 gallons. He stated that he spoke to Steve Barg, who thought it was established before the automated equipment �hat unloads the garbage cans. He stated that according to Johnson Sanitation other cities in the area do not have such restrictions. He stated that it costs $18 per month for a 90 gallon can supplied by Johnson Sanitation, and that if they supply him with three 3o gallon cans, it would cost $11 per month each. He stated that his other option was to supply his own cans. He stated that if he supplied his own garbage cans it would cost $18 per month. Councilwoman Jorgenson said that there is an ordinance in Fridley that states that garbage cans should stay along side the home, and not on the curb. 5he stated that a 90 gallon container filled with � garbage is very difficult to get to the curb. She stated that if it is left at the curb, it is unsightly. Councilwoman Jorgenson said that the City Council studied this issue for about three months, and the main reason they did not want 6� FRIDLEY CITY COUNCIL MEETZNG OF APRIL 20, 1992 PAGE 2 � the large containers was because they are difficult to get to the curb. She stated that they talked to many garbage haulers who stated that if 9D gallon containers are left next to the garage, they will not be picked up. She stated that the garbaqe haulers want the garbage cans at the curb so that they can use their automated equipment. She stated that it is more cost efficient for them beCause they just hook on to it, dump it, and set it down and leave it. She stated that does not address the issue of the ordinance of not leaving them at the curb. She stated that was primarily why the Council decided not to allow the large containers into the neighborhoods. Mr. Treuenfels asked if it was possible to go to a 60 gallon size and leave it by the garage. He stated that he was told they would pick it up. Mayor Nee stated that it was a conflict between greater efficiency and quality of life concerns. He stated that there has been trouble in that people get the idea that they are supposed to bring garbage cans down to the curb. He stated that it could come from watching others, but it could also come from people talking to their suppliers. Mayor Nee said that the same question was raised about one year � ago, He said the majority finally came to the conclusion that we would be better off maintaining the ordinance we had. Mr. Treuenfels said that he has been doing some remodeling and was using the three garbage cans. He stated that he could live with a 60 gallon container. He stated that two 30 gallon garbage containers would cost $22 per month, but a 60 qallon garbage container would be between $11 to $18 per month. Mayor Nee stated that a lot of time was spent on this issue. He stated it was possible in the future that interest in efficiency would outweigh interest in keeping the streets orderly. He stated that when the big containers are used, there is an enforcement problem on the question of taking them to the curb. He stated that although some haulers do, most haulers do not remind people that they are supposed to come up to the door to get them. Councilman Billings stated that there are a number of people throughout the City who are bringing two or three 30 gallon containers to the curb. He stated that the question becomes whether or not to amend the ordinance to comply with what people are doing, or to leave the ordinance the way it is and force people to comply with the ordinance. He stated that there is some sentiment on the City Council that having one 90 gallon container at the curb for a few hours is not as bad as having three 30 gallon � containers carried down to the curb. He stated that if you take a look at the practicality of the situation, people are bringing the garbage containers to the curb. Councilwoman Jorgenson stated that a survey was done 1 1J2 years ago, that asked residents about their garbage service. She stated 69 FRIDLEY CITY COUNCIL MEETING QF APRIL 20, 1992 PAGE 3 � the overwhelming response was that people wanted to have the ability to choose who their garbage hauler was going to be. Councilwoman Jorgenson stated that one of the items discussed at the work sessions was if the City did go to a 90 gallon container, to limit the haulers' days for picking up garbage in certain neighborhoods, so that garbage containers would be consistently at the curb on one day per week instead of four or five days per week. She stated that those were issues they struggled with. Councilwoman Jorgenson stated that another issue when they were discussing garbage containers larger than 30 gallons, was if large, old drums sitting by someone's house versus a galvanized or rubberized garbage containers. She stated that it was a difficult issue, and aesthetics won. Mayor Nee stated that if it was possible to assure that the garbage haulers would come to Mr. Treuenfels� house to pick the garbage up, it would change his view of the situation. He stated, however, that they were unable to get that kind of commitment. Councilwoman Jorgenson stated that one of the garbage haulers contacted her and stated that from a Workman's Compensation point of view, if there was a 60 or 90 gallon drum by the house that � could not be mechanically picked up, he could see increased costs for Workman's Compensation claims for his employees. She stated that there were many issues looked at. PUBLIC HEARINGS: 2. PRELIMINARY PLAT RE9UEST, P.S. #92-01, BY FRIDLEY V.F.W. POST #363, V.F.W. ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 1040 OSBORNE ROAD N.E.: 3. Rezonina, ZOA #92-01, BY FRIDLEY V.F.W. POST �k363, TO REZONE L�T 1. BLOCK 1, V.F.W. ADDITION FROM M-1. LIGHT INDUSTRIAL, TO C-2. GENERAL BUSINESS. GENERALLY LOCATED AT 1040 OSBORNE ROAD N.E.• MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notices and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:57. Ms. Dacy, Community Development Director, stated that the subject property is located in the southwest corner of Osborne Road and Highway 65, and totals 5 1/2 acres. She stated that it contains both the V.F.W. property and the former Lambert Lumber property. � Ms. Dacy, stated that both sites are zoned M-1, Light Industrial, and are surrounded on the west by M-1, Light Industrial, and on the north and surrounding the V.F.W. site by C-2, Commercial, and to the south by M-1, Light Industrial. She stated that C-2, Commercial, is across Highway 65. 70 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 4 ' Ms. Dacy stated that the subdivision ordinance requires a public hearing on the plat before the City Council. She stated that they are requesting that the property be replatted into two lots in order to expand the area for the V.F.W. site and to reduce the former site of Lampert Lumber. She stated that the V.F.W. site will total 2 acres and the site proposed to be owned by Division 7 will total 3 aores. Ms. Dacy stated that the intent of the replatting is to permit additional parking area for the V.F.W. She stated that with the additional area, all of the requirements for parking for an assembly use will be met according to the zoning code. Ms. Dacy stated that the replatting of the property will enable drainage improvements to be made. She stated that the east half of the site will drain toward the ditch at Highway 65, and drainage on the west half will be directed into a small detention area which is to be created in the southwest corner of the new V.F.W. parking lot and should flow across the Division 7 property to the southwest corner of the lot. She stated that it reflects the existing drainage pattern, but the improvement will be controlling the water on site. Ms. Dacy stated that there are no anticipated changes in traffic � patterns in thxs general area. She stated that the site could still be accessed from Osborne Road on the west side of the V.F.W. property, and the access points on to the frontage road from the Division 7 property will be maintained. Ms. Dacy stated that another improvement to the property is that the Division 7 people and the V.F.W. will be submitting a landscaping and improvement plan with underground irrigation. Ms. Dacy stated that Division 7 is a roofing and waterproofing company. She stated triat they will be combining three of their existing offices in the metro area, and that this will be their headquarters. She stated that their architectural offices will be located in the building, and a portion will be used for storage of vehicles. She stated that it was their understanding from the petitioner that there would not be any outdoor storage. She stated that in the southwest corner of the Division 7 property there is currently an area that is gravel, and there are two outbuildings located there. Ms. Dacy stated that both the V.F.W. and Division 7 have applied for a variety of setback variances, and they have been reviewed and approved by the Appeals Commission. She stated that they will be reviewed by the City Council on May 4, 1992. � Ms. Dacy stated that with respect to the plat request, the Planning Commission recommended approval of the preliminary plat with the following stipulations: 1. Variance request for V.F.W. and Division 7 shall be approved. � � � 71 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 5 2. The final drainage plan shall be approved by the Engineering Department prior to issuance of a building permit. The final plan shall include curbing with a four foot rip-rapped opening between the parking and landscaped areas. 3. 4. 5. 6. 7. 8. The landscaping plan, including underground irrigation, shall be approved by staff prior to issuance of a building permit. The 14 foot open space easement shall be recorded against the Lot 1, Block 1, V.F.W. Addition, and a copy shall be submitted to the City for its files. Rezoning request, ZOA #9z-01, shall be approved. A ten foot utility easement for a distance of 165 feet along the north property line of the expanded parking area shall be granted to the City. A paving plan shall be submitted prior to the use of the existing gravel area by vehicles. The petitioner shall obtain the necessary permits from the Rice Creek Watershed District. Ms. Dacy stated that were two representatives from the V.F.W. at the meeting this evening. Mr. Ron Bollinger stated that he was head of the building committee at the V.F.W. He stated that he talked to an individual from the Rice Creek Watershed District, and he indicated that any property south of Osborne Road and West o£ Highway 65 was not covered by �he Rice Creek Watershed District. Mayor Nee asked where the water went from the southwest corner of the property. Ms. Dacy stated that an auto repair shop is located to the south and to the west there is a vacant piece of property north of the mobile home park. She stated that she believed the owners of the mobile home park owned the vacant lot. Mayor Nee asked if it was okay to dispose of it on that land. Ms. Dacy stated it was her understanding that the existing drainage site ourrently occurred in that manner. She stated that it would be approved because of the existence of a detention pond, so there would not be an increase in the amount of water going off the property. Mr. Herrick, City Attorney, stated that Stipulation 8 should be revised to state that the petitioner shall obtain permits from the Rice Creek Watershed District and SiX Cities Watershed District, if needed. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 9:10 p.m. � � � 72 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 6 OLD BUSINESS: 4. APPOINTMENT TO ENVIRONMENTAL OUALITY AND ENERGY COMMISSION. MOTION by Councilwoman Jorgenson to table this item to the Council meeting on May 4, 1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVAL OF CHANGE ORDER NO. 5, STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2{TABLED APRIL 6, 19921: Mr. Flora, Public Works Director, stated that based upon Council's request at the last meeting, they talked to RMR about participating in funding for the asphalt pavement of the area by the recycling center. He stated RMR indicated that they are willing to do that. He stated that they would like to get their contract extended for two additional years and to amortize that money over the next three years and pay us one-third of the amount each year. He stated that their current contract runs until 1993, and they would like it to run to 1995. He stated that staff would recommend that this item be tabled to May 4, 1992 so that the agreement can be resubmitted to Council. Ms. Dacy, Community Development Director, stated that they were satisfied with the recommendation. She stated that they would recommend approval of extension of the lease to 1995. MOTION by Councilman Billings to concur with staff's recommendation to table this item to the Council meeting on May 4, 1992. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE PROPOSALS AND AWARD BUILDING CLEANING AND MAINTENANCE CONTRACT [TABLED APRIL 6, 1992): t4r. Flora, Public Works Director, stated that upon Council's request they asked the acceptable low bidder, Stop & Smell the Roses and the existing contractor to provide a breakdown of the services they propose to accomplish. Mr. Flora stated that Stop & Smell the Roses indicated they would spend 7.9 hours at the Municipal Center and 1.25 hours at the garage cleaning on a daily basis, with 6 hours per night for meetings and other tasks. He stated that the current contractor indicated that she spent 11 to 12 hours per night at the Municipal Center with an additional 5 to 15 hours for meetings, and 1.5 hours at the garage. Mr. Flora stated that of the seven proposals received, the total proposal of Stop & Smell the Roses was $36,000. He stated that the existing contractor's proposal was $40,500. He stated that $40,800 is budgeted for the Municipal Center and $6,000 for the garage. 73 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 7 � MOTION by Councilwoman Jorgenson to table this item to the Council meeting on May 4, 1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 112. ENTITLED "HEALTH AUTHORITY AND BOARD OF HEALTH" BY REPEALING THE ENTIRE CHAPTER: Mr. Hill, Public Safety Director, stated that they received correspondence from the Anoka County Attorney's office dated April 2, 1992, regarding various changes the State had made in their Health Authority and Board of Health. He stated that they reviewed the ordinance and it appeared that Chapter 112 entitled "Health Authority and Board of Health" had not been utilized in the City for a number of years. He stated that it appeared that it was an obsolete ordinance that was no longer needed in the City's code. Mr. Hill stated that the State's health authority somewhat preempted conflicting authorities within a geographical area. He stated that to be a comprehensive health authority now, there has to be a population of a minimum of 30,000. He stated that the Anoka County government has proclaimed itself a health authority and also qualifies as a comprehensive health authority. He stated � that basically the health authority is controlled within the geographical boundaries of Anoka County. Mr. Hill stated that in the latest revisions of the Minnesota State Statutes, there was no longer a statutory definition of a health officer. He stated that staff's recommendation was that it was an obsolete portion of the code that would perhaps be better deleted. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 111, ENTITLED "LICENSING FOOD ESTABLISHMENTS" BY REPEALING THE ENTIRE CHAPTER: Mr. Hill stated that in checking with the City Attorney, it appeared that Chapter 111 of the Fridley City Code on licensing food establishments, which is 17 pages of strong regulatory requirements was not being utilized by the City. Mr. Hill stated that there was no value to the City to leave that section in the Fridley City Code, and it may be a liability because there were regulations that the City was not using and not � enforcing. He stated that staff was recommending that the ordinance with its regulations be repealed. He stated that if Council wished to consider a different type of ordinance or ordinances regulating the licensing of food establishments, it was available to them. � I I � 74 FRIDLEY CITY COUNCIL MEETING OF APRIL 20. 1442 PAGE 8 Councilwoman Jorgenson asked that if repealing the licensing of food establishments section of the ordinance meant that the restaurants in the City would be any less cleanly than what they had been in the past. Mr. Hill stated that it was his understanding that for the last year or two, the Finance Department had referred applications for licensinq of food establishments to the County Board of Health. Councilman Billings asked if the City was currently issuing restaurant licenses. Mr. Pribyl, Finance Director, stated that they were not for food sales. Councilman Billings asked if the reason for not issuing licenses for food sales was because Anoka County was doing the health inspactions. He asked if the inspection of the premises was the only cost the City occurred by havinq a res�aurant and business within the City of Fridley. He stated that as an example, one of the reasons that the fee was as large as it is for on-sale liquor licenses is that there were other problems associated with them, such as police enforcement and inspections by code enforcement officers. He asked if those types of things were involved with restaurants as well as the food inspection portion. � Mr. Pribyl indicated that he was not aware if there were any other kinds of inspections or follow-up. He stated that hopefully, within a short period of time, the City would be embarking upon an in-depth analysis of all the activities as they relate to existing and future fees. Councilman Billings stated that the State Statute says that licenses can be issued in order to recoup costs as a direct result of a business doing business in the City of Fridley. He stated that he believed that there is an expense with food establishments by having them here in town for such things as police calls and code enforcement complaints. He stated that if Chapter 111 was repealed, he would like to see some type of license issued for food establishments and food handling operations to recoup the costs that the taxpayers of the City of Fridley are paying. Mr. Herrick, City Attorney, stated they were concerned about this portion of the ordinance because if someone was at a restaurant and became ill because the restaurant�s kitchen was not up to code or the food was not wholesome, and it was found that there was an ordinance that is not being enforced, the City might be liable. He stated that this ordinance should be repealed and a new ordinance prepared. � MOTION by Councilman Billings to waive the first approve the ordinance on first reading. Seconded by Jorgenson. Upon a voice vote, all voting aye, Mayor the motion carried unanimously. reading and Councilwoman Nee declared 75 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 9 � MOTION by Councilman Billings to have staff research creating a new Chapter 111, that provides for food establishment licensinq for the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE RECODIFYING THE FRTDLEY CITY CODE, CHAPTER 603, ENTITLED "INTOXICATING LIQUOR." SY DELETING SECTION 603.24.02.A.1. GAMBLING ENDORSEMENT, REGULATIONS AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: Mr. Hill, Public Safety Director, stated that in 1990 the State Legislature made changes in its gambling regulations which required the City of Fridley to review its local gambling ordinances. He stated that in several recommended changes many regulatory type of requirements were deleted. Mr. Hill stated that one of the items changed was the intoxicating liquor gambling endorsement under a liquor license versus a charitable lawful gambling license. He stated that the maximum rent was increased from $100 to $600 per month. Mr. Hill stated that last year the State again raised the rent from $600 to $1,000 per month. He stated it was staff's recommendation to remove the rent cap from Section 603.24.D2.A.1 of the Fridley 1 City Code, which was currently $600, and have the rent be the maximum amount the State allows, which is currently $1,000 per month. Councilwoman Jorgenson stated that if we increased the rent to $1,000 per month, there are some organizations in the City that have been collecting $1,000 per month since last year. Mr. Hill stated that they could find out when an organization started paying $1,000 by requesting that information from lawful gambling organizations. He stated that in one case, because the organization was audited by the State, they know what they were paying. He stated that they were paying $1,00o per month, but it was broken down into two checks. He stated one check was for $600 per month for rent, and the other was for $400 for garbage removal and incidentals. He stated that was not allowed under State laws. He stated that State regulations would allow the lawful gambling organization to pay the hauler directly. Councilman Jorgenson stated that if the law was passed in August, some of the charitable gambling organizations have been paid approximately $3,200 more than what they needed to several organizations. She asked what happened to the organizations that have been paying the increased rent to the establishments if the ordinance was changed. She asked if that money was refunded to the � organization. Mr. Hill stated that it was staff's recommendation that the establishments collecting the rent be notified that they should be returning the money to the charitable organizations. � 76 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 10 MOTION by Councilwoman Jorgenson to waive the first reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF OCTOBER lb, 1991: A. ESTABLISH PUBLIC HEARING FOR MAY 4. 1992, FOR A VACATION, SAV #91-04. BY BOB'S PRODUCE RANCH, TO VACATE THAT PART OF 77TH AVENUE LYING EASTERLY OF THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT l, BLOCK l, EAST RANCH ESTATES THIRD ADDITION, ALL AS PLATTED AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER. ANOKA COUNTY, MINNESOTA, GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to establish a public hearing for a Vacation, SAV #91-04, by Bob's Produce Ranch for May 4, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR MAY 4, 1992, FOR A REZONING, ZOA #91-03, BY BOB'S PRODUCE RANCH, TO REZONE FROM M-2, I-IEAVY INDUSTRIAL TO C-3. GENERAL SHOPPING CENTER, ON LOT 1, BLOCK l, � EAST RANCH ESTATES THIRD ADDITION. GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to establish a public hearing for May 4, 1992, for a Rezoning, ZOA #91-03, by Bob's Produce Ranch. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 11 RECEIVE THE MINUTES OF THE PLANNING COMMIS5ION MEETING OF APRIL 8, 1992: A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-02, BY STEVEN LIPA, TO ALLOW CONSTRUCTION OF A DWELLING IN THE CRP-2 (FLOOD FRINGE) DISTRICT, GENERALLY LOCATED AT 7995 RIVERVIEW TERRACE N.E. Ms. Dacy, Community Development Director, stated that the property is located in the southeast corner of Dover Street and Riverview Terrace, and is almost 9,000 square feet. She stated it has 67 feet of frontage on Riverview Terrace and 150 feet of frontage on Dover Street. She stated that the property is zoned R-1, Single Family, and is located in the Flood Fringe District of the Mississippi River. She stated that the petitioner is proposing to construct a 1,200 square foot split-entry home with a two car garage and a driveway from Dover Street. She stated that the parcel does not need any setback variances. Ms. Dacy stated that the Planning Commission recommended approval of the Special Use Permit request, subject to three stipulations which she outlined. 77 FRIDLEY CITY COUNCIL MEETING OF APRIL 20. 1442 PAGE 11 � Ms. Dacy stated that the petitioner has dedicated to the City a 10 foot easement along the front of the property. Councilwoman Jorgenson asked if the petitioner would be able to obtain flood insurance if the house was located in the Flood Fringe District. Ms. Dacy replied that they would. MOTION by Councilwoman Jorgenson to approve Special Use Permit, SP #92-02, by Steven Lipa, with the following stipulations: (1) A hold harmless agreement releasing the City from liability shall be recorded against the property; (2) the petitioner shall submit an elevation certificate completed by a registered surveyor once construction has been completed to verify the first floor elevation; and (3) all areas below the regulatory flood elevation shall be flood-praofed in accordance with the current codes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b. MOTION TO APPROVE COMMENTS ON THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTHEAST CORRIDOR LIGHT RAIL TRANSIT SYSTEM' Ms. Dacy, Community Development Director, stated that in July, 1991, there were four general comments about the Liqht Rail Transit � system. She stated that the final Environmental Impact Statement addressed two of the comments, and they were still waiting for more information on the other two comments. Ms. Dacy stated that the Rail Authority identified the amount of properties to be acquired for park-and-ride sites and their assessed valuation. She stated that of the communities in the corridor, Fridley will have the lowest amount of properties acquired, representing 13 percent of the total acquisition. Ms. Dacy stated that the other question regarded staging plans for the park-and-rides sites located at 53rd and 57th Avenues. She stated that the Rail Authority responded and said the EIS did not state a preference to which one would occur first, and indicated that could be decided in future phases. Ms. Dacy stated that the remaining two issues concerned the access of the Fire and Police Departments, and whether LRT should be constructed in this area. She stated that the Rail Authority referred to some of the regional studies that are currently underway by the Metropolitan Council and the Regional Transit Board. She stated that the studies did not specifically address this area, but they are recommending that LRT be constructed between the two downtowns. She stated that it may be several years before LRT is built in this area. � Ms. Dacy stated that with respect to access by the Fire and Police Departments, the EIS stated that additional information would be made available during the preliminary engineering stage. � FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 12 , Ms. Dacy stated that she had spoken to Tim Yantos, Deputy County Administrator for Anoka County, and there appeared to be an issue of who would be completing the preliminary engineering studies. She stated that up to this time, it was their understanding that the Rail Authority was doing it. She stated that there is a proposed bill that would allocate that responsibility to the Minnesota Depar�ment of Transportation. She stated that if the responsibility is given to the Minnesota Department of Transporta�ion, they might have to start over. She stated that the Planning Commission and staff recommended that a letter submitting the comments on the Environmental Impact Statement be sent to the Rail Authority. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and staff and to submit a letter and the comments on the Environmental Impact Statement for the Northeast Corridor Light Rail Transit System to the Rail Authority. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Sorgenson to receive the minutes of the Planning Commission meeting of April 8, 1992. Seconded by Councilman Billings. Upon a voice vote, al1 voting aye, Mayor Nee � declared the motion carried unanimously. 12. RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 1991 CAPITAL IMPROVEMENT FUND, STREET DIVISION: MOTION by Councilman Billings to table this item to May 4, 1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 37 - 1992 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR ELECTRICAL SERVICE UPDATE FOR WELL NOS. 2, 4, 5, 6 AND 7, PROJECT NO. 238: Mr. Flora, Public Works Director, indicated that this project is in the Five Year Capital Improvement program scheduled for this year. He stated that it consists of providing individual electric service to each of the wells. He stated staff recommended that Council approve this resolution. MOTION by Councilman Billings to adopt Resolution No. 37 - 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: � There were no informal status reports. 15. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 42684 through 42930. Seconded by Councilman Billings. Upon a 79 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 13 � voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Billings to split the licenses into three parts: (A) Approval of On-Sale and Sunday liquor license for Ground Round of Minnesota; (B) Approval of On-Sale and Sunday liquor license for GBN Inc., d/b/a Roper's; and (C) Approval of remaining licenses. Seconded by Councilwoman Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. A. CONSIDERATION OF APPROVAL OF ON-SALE AND SUNDAY LIQUOR LICENSE TO GROUND ROUND OF MINNESOTA: Mr. Pribyl, Finance Director, stated that they have not received the $3,000 surety bond and the CPA certificate that veri£ies the food to liquor sales for the last year. He stated they have been assured that they will receive the information shortly. He stated that staff recommended approval of the on-sale and Sunday liquor license sub]ect to the submission of the materials by 12:00 p.m. on April 30, 1992. � MOTION by Councilman Billings to approve the on-sale and Sunday liquor license to Ground Round of Minnesota contingent upon submittal of the $3,000 surety bond and the CPA certificate verifying the food to liquor sales to staff prior to 12:00 p.m. on April 30, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF APPROVAL OF ON-SALE AND SUNDAY LIQUOR LICENSE TO GBN INC., D/B/A ROPER'S: Mr. Pribyl, Finance Director, stated that the application is for GBN Inc., doing business as Roper's. A public hearing was held on November 18, 1991. He stated that GBN, Inc. has been tryinq to pay delinquent taxes on the property, but that currently the property has three years' delinquent taxes. He stated that in accordance with the Fridley City Code, Chapter 603, Intoxicating Liquor, Section 603.�9.�1, a license cannot be issued when the premises has delinquent taxes in excess of one year. He stated that the owner of the property is working with Anoka County to structure a payment plan. He stated that it is the recommendation of staff that based upon the information presented, the liquor license for the property be denied. , MOTION by Councilman Billings to concur with the recommendation of staff to deny the liquor license application for GBN Inc., d/b/a Roper's. Seconded by Nancy Jorgenson. Mr. Tony Nicklow one of the owners of Roper's stated that they had talked to representatives at Anoka County, Mr. Treska and m FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 14 � Commissioners Berg and Kordiak. He stated that he had a letter in which they had agreed to pay their taxes completely by this time next year. He stated that they have had a rough time during the last year or so, and they are planning to pay the taxes and are asking to be able to stay in business. Mayor Nee asked about the letter Mr. Nicklow received from the County. Mr. Nicklow stated that it was signed by Mr. Ed Treska of the Anoka County Department of Property Tax Administration. Mr. Pribyl stated that the letter does not address the City ordinance. He stated that there is a stipulation in the City ordinance, and the County cannot set up an agreement to accommodate the City ordinance. Mr. Herrick, City Attorney, stated that in reviewing the language of the ordinance, simply entering into an agreement with the County �.o structure the payment did not satisfy the requirement of the ordinance. He stated that unless the taxes were paid in full, the only way they would by entitled to a license was if an amendment was made to the ordinance. Mayor Nee asked how many people were employed. Mr. Nicklow stated that fifteen people were employed. Mayor Nee stated that they have always wanted them to prosper, but there have been problems for a � long time. He stated that they would like to work something out, but it did not seem like it would work. Mayor Nee asked how much the delinquent taxes were. Mr. Pribyl replied that they were $121,674. He stated that figure would increase on May 15, 1992. Councilman Billings stated that if the County has entered into an agreement with the taxpayer, the taxes are probably not delinquent. He stated that they did not want to put them out of business, but needed to treat them the same as other similar establishments in the City. Mr. Nicklow gave the letter from Mr. Ed Treska to Council for their review. Mr. Herrick, City Attorney, stated that he agreed that they did not want to put them out business, and if Council agreed to approve the license based upon the agreement with Anoka County, the ordinance should be changed to be consistent. With the approval of the seconder, Councilwoman Jorgenson, Councilman Billings withdrew his motion. MOTION by Councilman Billings to approve the license for GBN Inc., � d/b/a Roper's, contingent upon the following stipulations: (1) that staff be provided by the close of business on April 29, 1992, all relevant documentation and information needed for the liquor license, including all necessary bonds, dram shop insurance, and fees; (2) that staff be provided documentation of an agreement between the property owner and Anoka County; (3) that if during , � � 8' 1 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 15 the course of the current liquor license it should come to the attention of staff that the stipulations with Anoka County or stipulations or requirements for documentation with respect to the liquor license become delinquent, the license shall be brought back to Council. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. C. REMAINING LIOUOR LICENSES: MOTION by Councilwoman Jorgenson to approve the remaining licenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 5tatement for Services Rendered as City Prosecuting Attorney for the Month of March, 1992 ... Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon 12apids, MN 55433 Statement for Services Rendered as City Attorney for the Month o£ March, 1992 . . . . . . . Toltz, King, Duvall, Anderson & Associates, Inc. (TKDA) 2500 American National Bank Bldg. St. Paul, MN 55101 Well No. 13 Electrica] Motor Conversion Project No. 230 Partial Estimate . . . . . $ 8,616.00 $ 2,177.75 $ 5,500.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 82 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 16 ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 20, 1992, ad�ourned at 10:24 p.m. Respectfully submitted, Roberta Collins Acting Secretary Approved: William J. Nee Mayor