04/06/1998 - 00001102THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF APRIL 6, 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings,
Councilman Schneider and Councilwoman Bolkcom
MENIBERS ABSENT: None
PROCLAMATIONS:
LOYALTY DAY: This item was removed from the agenda.
DAYS OF REMEMBRANCE OF THE HOLOCAUST: April 19 - 26, 1998:
Mayor Jorgenson read the Proclamation of the Days of Remembrance of the Victims of
the Holocaust.
APPROVAL OF MINUTES:
COLJNCIL MEETING - MARCH 16_ 1998:
MOTION by Councilman Barnette to approve the minutes of the March 16, 1998 City
Council Meeting as presented in writing. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE NO. 1115 DECLARING CERTAIN REAL ESTATE TO BE
SURPLUS AND AUTHORIZING THE SALE THEREOF FOR THE
TH65/CENTRAL AVENUE/LAKE POINTE DRIVE:
Mr. Burns, City Manager, explained that surplus property is defined as former highway
right-of-way that lays between Highway 65 and the Fridley Executive Center site. It is to
be conveyed to the HRA and is to become part of the Fridley Executive Center site.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 2
WAIVED THE SECOND READING AND APPROVED ORDINANCE NO.
1115 ON THE SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. RESOLUTION NO. 21-1998 AUTHORIZING ACCESS AND USE OF
RIGHT-OF-WAY FOR THE TH65/CENTRAL AVENUE/LAKE POINTE
DRIVE INTERSECTION IMPROVEMENT AND REPEALING
RESOLUTION NO. 16-1998:
Mr. Burns, City Manager, explained that this resolution repeals and replaces a
resolution that was approved at the March 16 City Council meeting. MnDOT
requests that the right-of-way dedication not be tied to a future plat, as it was in
the former resolution. This resolution authorizes the use of former highway right-
of-way for use in constructing the Lake Pointe intersection improvements. Since
the last meeting, it has been determined that two areas of overlap between this
parcel and the preceding parcel are to be part of the right-of-way parcel. These
areas have been defined and included in the right-of-way parcel.
ADOPTED RESOLUTION NO. 21-1998.
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION
MEETING OF MARCH 18, 1998:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION
MEETING OF MARCH 18, 1998.
4. APPROVE TRANSFER OF EASEMENT FROM THE CITY OF FRIDLEY
TO THE COUNTY OF ANOKA, GENERALLY LOCATED AT 8100 EAST
RIVER ROAD N.E. (WARD 3):
Mr. Burns, City Manager, explained that the County is requesting that Fridley
transfer a 17 foot wide strip of easement property that runs north and south in
front of the Texaco Station at 8100 East River Road to them for use in improving
East River Road. Since the conveyance will not pose any issues for our Public
Works Department, staff recommends approval of the transfer.
APPROVED THE TRANSFER OF AN EASEMENT FROM THE CITY OF
FRIDLEY TO THE COUNTY OF ANOKA, GENERALLY LOCATED AT
8100 EAST RIVER ROAD, N.E.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 3
5. RESOLUTION NO. 22-1998 APPROVING A VACATION SAV #98-01,
GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E.:
Mr. Burns, City Manager, stated that Semper Development (Walgreen's) is
requesting the vacation of a 5 foot by 300 foot drainage and utility easement that
runs through the middle of their redevelopment site from east to west. Since the
easement is no longer of use to the City or NSP, staff is recommending approval.
APPROVED RESOLUTION NO. 22-1998.
6. VARIANCE, VAR #98-04, BY KIM MILLER OF MILLER FUNERAL
HOME, TO REDUCE THE FRONT YARD SETBACK FROM 80 FEET
TO 37 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION
ALONG THE SOUTH SIDE OF THE PROPERTY, GENERALLY
LOCATED AT 6210 HIGHWAY 65 (WARD 2):
Mr. Burns, City Manager, explained that the setback reduction is from 80 feet to
37 feet to allow a 6 foot by 34 foot addition to the south side of the funeral home.
This same variance was approved by Council in 1996 but allowed to lapse. The
setback reduction is consistent with the reduction for the e�sting building. The
Appeals Commission has given their unanimous consent to the re-approval with
the stipulation that the petitioner grant a 10 foot easement adjacent to the e�sting
drainage easement. The new easement would allow access to the City's sewage lift
station. Staff recommends Council's approval with the one stipulation.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND
PLACED ON THE REGULAR AGENDA FOLLOWING ITEM 20 UNDER
OLD BUSINESS.
7. APPROVE 1998 YARD WASTE TRANSFER SERVICE CONTRACT
BETWEEN THE CITY OF FRIDLEY AND MORRELL & MORRELL,
INC.:
Mr. Burns, City Manager, stated that the proposed contract is with Morrell &
Morrell, Inc. The cost of service is proposed at $120 per 75.85 cubic yard roll-off
bin. Although the price is nine percent higher than the 1997 cost for these
services, it should be recognized that the vendor has not requested an increase for
the past three years. Staff recommends Council's approval.
APPROVED THE 1998 YARD WASTE TRANSFER SERVICE
CONTRACT BETWEEN THE CITY OF FRIDLEY AND MORRELL &
MORRELL.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 4
8. APPROVE LETTER CONTRACT BETWEEN THE CITY OF FRIDLEY
AND BRAUN INTERTEC FOR LABORATORY SERVICES FOR THE
SPRINGBROOK CLEAN WATER PARTNERSHIP GRANT PROJECT
(WARD 3):
Mr. Burns, City Manager, explained that this contract is for lab services associated
with the Springbrook Nature Center Clean Water Partnership Grant Program. The
cost is for an amount not to exceed $10,500 and will be paid for from grant
proceeds. Since Braun Intertec provided the low quote, staff is recommending
their selection.
APPROVED LETTER CONTRACT BETWEEN THE CITY OF FRIDLEY
AND BRAUN INTERTEC FOR LABORATORY SERVICES FOR THE
SPRINGBROOK CLEAN WATER PARTNERSHIP GRANT PROJECT
(WARD 3).
9. APPROVE SUPPLEMENTAL AGREEMENT TO THE 57TH AVENUE
RECONSTRUCTION PROJECT AGREEMENT BETWEEN THE CITY
OF FRIDLEY AND BRW:
Mr. Burns, City Manager, stated that when the City initiated the design agreement
with BRW the estimated cost of the 57th Avenue Project was $400,000. With the
addition of landscaping, lighting and other improvements, the estimated cost is
now over $800,000. With the increase, BRW has submitted a change order to
cover the additional cost of their design work This change order moves
engineering costs for the project from $59,160 to $149,240. Actual engineering
costs will be adjusted to reflect actual construction costs. Staff recommends
approval of these changes as contained in a supplemental agreement to the BRW
contract.
THIS TIME WAS REMOVED FROM THE CONSENT AGENDA AND
PLACED ON THE REGULAR COUNCIL AGENDA FOLLOWING ITEM
20 UNDER OLD BUSINESS.
10. RESOLUTION NO. 23-1198 APPROVING FINAL PLANS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 57TH AVENUE
IMPROVEMENT PROJECT NO. ST 1997 - 4:
Mr. Burns, City Manager, explained that the plans and specifications for the
project have been completed. Anoka County has conducted their review, and their
proposed changes have been incorporated into the plan. Staff is waiting for the
completion of MnDOT's review; and it is expected to be completed shortly. Staff
has also met with the neighborhood and addressed concerns raised by two
property owners. In order to expedite a spring award, staff is asking Council to
approve plans and specifications and to authorize staffto bid the project.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 5
ADOPTED RESULUTION NO. 23-1998.
11. AUTHORIZE ADDITIONAL FUNDING FOR THE SCADA SYSTEM
UPGRADE ITEMS:
Mr. Burns, City Manager, explained that staff is requesting funding for the
upgrading of the programmable logic controller (PLC), the main processing
component for the computer system that is used to control the operation of the
City's water, sewer and storm water systems. The cost for this item is $10,266.
Although it is not budgeted, the cost is more than offset by savings in other capital
improvement items. Additionally, staff is asking Council's approval for
expenditure of funds to cover higher than expected bids for linking SCADA to the
Mississippi Street storm water lift station. The amount of the overage, $3,542,
may also be covered from savings on other projects.
AUTHORIZED ADDITIONAL FUNDING FOR SCADA SYSTEM
UPGRADES FOR THE CITY'S WATER AND STORM WATER
SYSTEMS.
12. APPROVE SITE LEASE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND U.S. WEST WIRELESS, L.L.C.:
Mr. Burns, City Manager, explained that this agreement allows U. S. WEST to
place nine antennas on the City's Highway 65 water tower. The agreement is
consistent with the previous agreement with APT Telecommunications. If
approved, the agreement will generate an annual fee of $12,360.
APPROVED SITE LEASE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND U.S. WEST WIRELESS, L.L.C.
13. RESOLUTION NO. 24-1998 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS
OF COLUMBUS COUNCIL 4381 FRIDLEY (KNIGHTS OF COLUMBUS
COUNCIL 4381, 5831 HIGHWAY 65 N.E.)(WARD 2):
Mr. Burns, City Manager, stated that this is a renewal of a permit for a pull tab
operation at the Knights of Columbus Hall on Highway 65. Staff has determined
that there is no reason not to grant the renewal and recommends Council approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND
PLACED ON THE REGULAR COUNCIL AGENDA FOR
CONSIDERATION ALONG WITH ITEMS 21 AND 22 UNDER NEW
BUSINESS.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 6
14. APPROVE PAYMENT OF $2,750 TO THE SOUTHERN ANOKA
COUNTY COMMUNITY CONSORTIUM:
Mr. Burns, City Manager, stated that along with approval of their 1998 budget,
SACCC determined that it was once again necessary to assess its member
jurisdictions. The proposed assessment for Fridley is $2,700. Although the
amount is not budgeted, staff recommends that it be covered from our emergency
reserve.
APPROVED THE PAYMENT OF $2,750 TO THE SOUTHERN ANOKA
COUNTY COMMUNITY CONSORTIUM.
15. APPOINTMENT: CITY EMPLOYEE:
Mr. Burns, City Manager, stated that staff is recommending the appointment of
7ulianne Tostenson as Secretary in the Community Development Department.
Julie is a Fridley High School graduate with college credits toward certification as
a legal assistant. She has most recently been employed by the City of Arden Hills
as a department secretary. She is a notary and has taken numerous job-related
classes. Staff is recommending Julie as the top candidate from a pool of 72
applicants.
APPROVED APPOINTMENT OF JULIANNE TOSTENSON AS
COMMUNITY DEVELOPMENT SECRETARY.
16. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 79784 - 80127.
17. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK' S OFFICE.
18. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Larson, PLC
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of March, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . $4,250.00
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 7
M C. Magney Construction, Inc.
19245 Highway 7
P. O. Box 249
Excelsior, MN 55331
Wellhouse No. 1 and Water Booster
Station Project No. 298
Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$81,978.35
Councilman Schneider requested that Items 6 and 9 be removed from the consent agenda
and added to the Regular Council Agenda under Item 20, Old Business.
Mr. Joe Sombrio, 289 Stonybrook Way, had input with regard to the gambling licenses
before Council for consideration. Mayor Jorgenson noted that the two new licenses were
not on the Consent Agenda and would be considered under Council Business at which
time he would be given an opportunity to address Council.
Councilman Billings suggested that Item 13 relating to an application for a Minnesota
Lawful Gambling Premise Permit to Knights of Columbus be removed from the Consent
Agenda, added to the Regular Council Agenda, and be considered prior to Items 21 and
22 under New Business.
MOTION by Council woman Bolkcom to approve the consent agenda, with the exception
of Items 6, 9 and 13. Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
Councilman Billings requested that the agenda be amended to consider New Business
prior to Old Business with the addition of Items 6, 9 and 13 from the Consent Agenda.
MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared
the motion carried unanimously.
OPEN FORUM, VISITORS:
There were no questions or comments from the public.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 8
NEW BUSINESS:
13. RESOLUTION NO. 24-1998 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS
OF COLUMBUS COUNCIL 4381 FRIDLET (KNIGHTS OF COLUMBUS
COUNCIL 4381, 6831 HIGHWAY 65 N.E.)(WARD 2):
Mr. Pribyl, Finance Director, stated that staff is presenting a resolution to Council which
would approve an application for a Minnesota Lawful Gambling Premise Permit for
Knights of Columbus Council 4381 Fridley. Gambling will be conducted at the KC Hall,
6831 Highway 65 N.E. Minnesota State statutes require the adoption of a resolution
approving this type of gambling permit. Staff has reviewed the application and found no
reason to deny this renewal application.
MOTION by Councilman Schneider to adopt Resolution No. 24-1998 in support of an
application for a Minnesota Lawful Gambling Premise Permit to Knights of Columbus
Counci14381 Fridley. Seconded by Councilman Barnette.
Fritz Knaak, City Attorney, was asked to provide a summary of the City's ordinance and
the State statutes relating to this issue.
Mr. Knaak stated that the City's ordinance is regulated by a section of Minnesota Law,
Chapter 349. This is an area where the State has largely pre-empted most areas of local
control for lawful/charitable gambling. There is a certain area of the statutes which allows
for local regulation and allows them to do certain things by way of their own ordinance.
The City of Fridley has adopted an ordinance in accordance with that. The City is
authorized to review the application and approve/deny the application via resolution. Any
decision by Council not to approve the application must be accompanied by a specific
reason for denial based on the City's ordinance criteria or State statute criteria. Lack of
appropriate reason for denial could result in judicial challenges. The City really does not
have a lot of discretion.
Mayor Jorgenson asked if it was legal to grant a license contingent upon them agreeing to
spend all of the gambling proceeds in a specified city. Mr. Fritz stated that this would not
be legal. The City is permitted to require that up to fifty percent of the proceeds be spent
in Fridley together with each of the cities contiguous to the city (trade area).
Mayor Jorgenson stated that she believes Council was told previously that the City could
reserve the right to set aside a certain percentage of the charitable gambling to go to a
specific cause.
Mr. Knaak stated that this is correct. There is a specific provision in the law which allows
a city to dedicate up to ten percent of charitable gambling proceeds in the city to a fund
that can be used for lawful purposes in the city.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 9
Mayor Jorgenson asked if the ordinance would need to be amended to allow for this. Any
licenses granted up to this point would continue to operate until the renewal date.
Mr. Knaak stated that he believes any licenses approved, subject to this regulation would
also be subject to amendments and modifications. If the City were to change the mix of
funds that were to be spent inside the trade area they could do so at any time. As soon as
it became effective the City would be able to direct those proceeds. Any change to the
ordinance would require a first and second reading, along with necessary publications, etc.
Councilman Billings urged caution if the City chooses to pursue this avenue. He noted
that the legal gambling organizations in Fridley already do contribute over ten percent of
their revenue to projects in the City of Fridley. When this regulation was put into the
State statute several years ago there was a lot of discussion. Many of the charitable
organizations would agree to give the City the requested ten percent. He indicated that
the remaining funds would then be used in the rest of the trade area. By doing so, the City
may be giving up thirty to forty percent of an even larger pool. If the City decides to go
forth, a public hearing should be scheduled to allow the licensees to offer their input.
Mayor Jorgenson stated that the City received a letter from one of the organizations
asking that Fridley limit the number of establishments an organization can have in town.
Currently, the City limits an organization to two pulltab operations in the city. One
organization is requesting a third.
Councilwoman Bolkcom asked Mr. Knaak if there was anything in the City ordinances or
State statutes which would prohibit an organization from designating all of their proceeds
to one city. Mr. Knaak replied that there was not.
Councilman Barnette asked what it takes to become a pulltab operator.
Reba Whiteoak, 3547 Fillmore Street N.E., gambling manager for WAABI, stated that
one needs to have a signed lease, have at least fifteen members in the organization, have
been in business for three years and have a set of bylaws. They then need to complete an
application from the state and request approval from the City Council.
Joe Sombrio, 289 Stonybrook Way stated that he felt there are changes which could be
made by Council to protect the citizens of Fridley.
Mr. Knaak agreed, stating that the State statutes do allow the City to be more restrictive
on how gambling is regulated. If Council wishes to prohibit a type of gambling or the
hours, etc., they can do so. However, the residency issue (asking that organizations be
located within the city), in his opinion, could be challenged.
Councilwoman Bolkcom stated that she felt most of the residents would like to change the
ordinance to require that at least fifty percent of the proceeds must be spent in the
community.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 10
Mr. Sombrio stated that residents are merely saying that the Fridley ordinance does not
protect the residents as far as donations or contributions. He noted that the City of
Chaska has a requirement that at least fifty percent of the net profits shall be spent for
lawful purposes in the City of Chaska or benefiting persons within the Chaska community.
Mr. Knaak stated that in his opinion, this is not in compliance with State law.
Councilman Billings stated that Chaska's ordinance requiring the profits to benefit persons
within the Chaska community may very well be referring to the Chaska trade area, in
which case the requirements would be the same as Fridley's. The City's previous
ordinance required that ten percent of profits be spent in the City of Fridley, however they
were required to change that to the "Fridley trade area". Mr. Knaak is the second City
Attorney who has given the same legal opinion on this issue.
Councilwoman Bolkcom stated that Council does not have reason to deny the gambling
applications before them; however this does not mean that Council is unwilling to look at
making future changes to the existing ordinance. Furthermore, if changes are made in the
future, licensees can be required to comply with the ordinance changes. She noted that
residents always have the opportunity to lobby their State representatives for changes to
the State statutes.
Mr. Knaak took this opportunity to read the requirements as stated in Minnesota State
statutes. He agreed to talk with staff from other municipalities as well as their attorneys
with regard to this issue.
A resident from the audience asked if there are generally more applications for these
licenses than there are places for them to operate. Mayor Jorgenson explained that an
application cannot be completed without a bar lease.
Ms. Gail Ahrens, 198 Mercury Drive, stated that she understands the legalities involved.
However, it is very important that the gambling organizations coming in have the same
funding commitments to the community as WAABI, or the children in the community will
feel the effects. She noted that one of the organizations brought in an average of $37,000
per month over the past three months from their three e�sting sites. This organization
plans to add a fourth site in Fridley. If they are based in Minneapolis, she wonders how
large a percentage of the proceeds will be directed to activities within that community.
Marilyn Peters, 4002 Si�th Street N.E., Coordinator of SACA Food Shelf, stated that
WAABI has been very supportive of their organization over the years which has allowed
them to help many families in the area. She hopes that WAABI would be able to stay in
the area.
UPON A VOICE VOTE TAI�EN ON THE ABOVE MOTION, MAYOR JORGENSON
DECLAIRED THEMOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 11
21. RESOLUTION NO. 25-1998 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO ITALIAN
AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820
UNIVERSITY AVENUE N.E. )(WARD 3):
Mr. Pribyl, Finance Director, explained that this is a new application submitted by the
Italian American Minneapolis Foundation Club, founded in 1982. It operates exclusively
for charitable and educational purposes. Their primary goal is to serve the residents of the
northeast suburbs including Fridley.
Councilman Schneider asked if this organization had an analysis of how the gambling fund
proceeds have been distributed in the past. Mr. Pribyl noted that this was not a
requirement of the application process.
Mayor Jorgenson noted that if the application is approved, Council could go back in one
year and review the distributions made over the past year to charitable organizations
within the contiguous trade area.
Councilman Schneider asked if they are required to complete a quarterly report. Mr.
Pribyl responded in the affirmative, and noted that they are reviewed to the best of their
ability to verify compliance (have spent fifty percent of the net proceeds in the trade area).
The State Gambling Board would investigate any problems.
Frank Balma, 7611 36th Avenue North, of the Italian American Minneapolis Foundation
Club, stated that their organization is licensed, and they have conducted their activities
mainly in the northeast area of Minneapolis and the northeast communities. Fridley has
been a beneficiary of their funds on many occasions. Their organization is governed by a
Board of Directors. They submit reports to the City and to the State of Minnesota on a
monthly basis. They are audited yearly, a certified copy of which is available for review.
They want to assure the community that they do not intend to do anything different.
Requests for funds are reviewed and considered based on merit with education being a
high priority. They provide scholarships to all deserving schools in the metropolitan area.
Education scholarships account for appro�mately fifty percent of the funds. The
remaining funds are distributed among churches, organizations, food shelves, etc. He is
confident that they can do a good job in Fridley.
Larry Moreland, 6100 Trinity Drive, noted that the Italian American Minneapolis
Foundation Club is based in Minneapolis. Legally, they can take proceeds that are made
at their Fridley establishments and designate them for activities in Minneapolis. He felt
that an organization that is knit in the city cares more about the residents of that city than
someone coming in from the outside.
Rick Johnson, 4405 Si�th Street N.E., asked if the Italian American Minneapolis
Foundation can legally take funds for operating expenses for their own organization.
Mr. Balma stated that up to thirty percent of the total donations can be applied to
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 12
administrative costs such as payroll, rent, telephone, etc. Funds cannot, however, be used
for taxes, maintenance or property improvements.
Kathy Hinder, 80 Logan Parkway, asked if there is a mandatory form or criteria to allow
an organization to go in and operate pulltabs out of an establishment. Mayor Jorgenson
stated that if the applicant meets the requirements, it is considered a business relationship,
and neither the state nor the city can regulate that relationship.
Ms. Hinder stated she is aware that many pulltab operators pull in a substantial amount of
funds on a given night. Councilman Billings stated that he believes a large percentage of
the funds go back to the people buying the pulltabs through winnings. 7ust because the
pulltabs are sold does not mean they are strictly profit.
Gail Ahrens stated that she examined the Italian American's for the past three months
statements that were filed with the City of Minneapolis. She was told that information on
the actual places that received donations was privileged information and contained in the
annual report. They would not divulge that information. However, with an average net
profit of $37,000 per month over the past three months, she wondered what donations
were made.
Mr. Balma stated that of the estimated $100,000 collected, they have appro�mately 350
applicants being considered for scholarships in the amount of $1,500 each from all area
schools in the metropolitan area. The year-end reports for their organization will be filed
June 30, 1998 and will be available for review after that date.
Councilman Billings asked what would be grounds for denial of an application.
Mr. Knaak responded that the application could be denied if the City found that fifty
percent of the proceeds were not spent in the trade area, or if the applicant had established
a pattern of inappropriate conduct.
Barb Hubbard, 5801 Fifth Street N.E. stated that she has been a member of WAABI for
over twenty years. WAABI has been at the Shorewood for the past seven years. She
stated that if these two applications before Council are granted, it will leave WAABI with
nothing.
Councilman Billings explained that WAABI has not submitted an application for an
e�ension.
Ms. Whiteoak stated that it is the public's desire to say that whoever comes to the pulltab
areas knows the obligations to the City of Fridley. They want to insure the continuation
of programs that WAABI has been instrumental in starting.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 25-1998 in support of an
application for a Minnesota Lawful Gambling Premise Permit to Italian American
Minneapolis Foundation Club (Main Event, 7820 University Avenue N.E.).
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 13
The City Council thanked the public for their comments and thanked WAABI for their
support. They will be sorry to see WAABI leave. However, it is also important that it not
be portrayed that other organizations are not welcome. Change is difficult to accept, and
it will be important for new organizations seriously to consider the comments addressed
by the public.
UPON A VOICE VOTE TAI�EN ON THE ABOVE MOTION, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
22. RESOLUTION NO. 26-1998 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO
MINNESOTA YOUTH ATHLETIC SERVICES (SHOREWOOD
RESTAURANT, 6161 HIGHWAY 65 N.E.)(WARD 2):
Mr. Pribyl, Finance Director, explained that this is a new application from the Minnesota
Youth Athletic Services. They have indicated that they are dedicated to improving the
delivery of youth sports services to young athletes, coaches and parents. They attempt to
promote sportsmanship, teamwork and cultural interaction through sporting competition.
They also attempt to link regional volunteer youth sports programs with others statewide.
Dan Klinkhammer, 4111 Central Avenue N.E., Director of the Minnesota Youth Athletic
Services, read a statement providing a summary of their organization. He noted that in
1997 alone they had over 100,000 individual participants in a variety of sporting
programs. They have one other charitable gambling site in St. Paul. The Minnesota
Youth Athletic Services will do whatever possible to establish and maintain a positive
relationship with the residents of Fridley and its contiguous area. They are already serving
as a vital fundraising tool for several Fridley organizations; several Fridley youth sports
groups have a history of serving as their host to numerous MYS and AAU Youth Sport
Competitions.
Councilwoman Bolkcom asked if an individual can get financial assistance to help them
play a sport. Mr. Klinkhammer responded in the affirmative. Councilwoman Bolkcom
asked if they would also consider supporting SACA food shelves. Mr. Klinkhammer
responded in the affirmative. All applications for funding are reviewed by the Board of
Directors, and awards are granted based on the amount of funds available.
MOTION by Councilman Schneider to adopt the Resolution No. 26-1998 in support of an
application for a Minnesota Lawful Gambling Premise Permit to Minnesota Youth Athletic
Services. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 14
OLD BUSINESS:
19. SECOND READING OF AN ORDINANCE REPEALLING CHAPTER 407
OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A
NEW CHAPTER 407, ENTITLED "RIGHT-OF-WAY MANAGEMENT"
AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE,
ENTITLED "GENERAL PROVISIONS AND FEES" (TABLED
MARCH 16, 1998:
AND
AUTHORIZE PUBLICATION OF OFFICIAL TITLE AND SUMMARY:
Mr. Flora, Public Works Director, explained that as a result of the last Council meeting
and the concerns expressed on some of the issues, he met with representatives of the
utility companies on March 24, 1998 and made some substantial changes to the ordinance
at that time. Some of these changes included a new paragraph to allow for the waiving of
fees in an emergency; the excavation permit was broken down into three major parts; the
definition of obstruction was expanded to apply to anything over eight hours in the right-
of-way; a correction was made to the degradation cost; and a clarification was made on
the issue of undergrounding. After meeting with the utilities and the task force, he
believed that the ordinance before Council was a better document than originally
developed. It properly addresses the municipal as well as utility issues in overseeing the
right-of-way and recoupment of costs associated with that.
Mayor Jorgenson stated that she received letters from Paragon Cable, U. S. WEST and
Minnegasco regarding the proposed right-of-way ordinance. She asked that they be
entered into the record.
MOTION by Councilman Schneider to receive the letters from Paragon Cable dated
March 31, 1998, from U. S. WEST dated April 2, 1998 and from Minnegasco dated
Apri13, 1998, and that they be entered into the record. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
Questions were raised about the degradation costs (407.11) and clarification was
requested in regard to the fee calculations. After some discussion, Councilman Billings
felt that the reference to "square foot" in the calculation should be changed to "lineal
foot". He also felt that the calculation for the excavation permit should be clarified.
Councilwoman Bolkcom asked how the cost would be calculated if two utility companies
were working in the area at the same time. Mr. Flora noted that they would share the cost
associated with the necessary permits.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 15
Mayor Jorgenson asked if the City of Fridley maintains the right-of-ways on all streets in
the city. Mr. Flora stated that the City maintains all with the exception of the county and
state highways. In the case of county and state Right-of-Ways, there is a reduced fee of
fifty percent. This fee is necessary due to the fact that those roads intersect with Fridley
streets, and it is necessary for the City to maintain information in regard to what is in their
system and what the city could encounter when working in the right-of-way associated
with the County or State highway.
Councilman Billings asked for a clarification in regard to obstruction permits (pg. 19.14).
Mr. Flora explained that if a utility is working on a project with the city, they would be
required to pay one-half of the excavation fee. However, if they are doing a county or
highway project, they would pay no excavation fee, only an obstruction permit fee and
provide the City with mapping data for recording purposes. The obstruction fee re-coups
the administrative costs associated with recording the data into the City's data base.
Councilman Schneider stated that he felt this was a very complicated ordinance. He felt
that the data should be analyzed after a period of time to make sure that the fees are
appropriate.
Councilman Billings asked how the proposed fees compare with the fees that e�st today.
Mr. Flora noted that the only e�sting fee is a$200 excavation fee and a$25 re-inspection
fee.
Questions were also raised with regard to franchise supremacy. Only in those tendencies
that an item is not negotiated in a franchise with the utility companies, would the
ordinance apply.
Councilman Schneider asked how the fees in the proposed ordinance compare to model
ordinances. Mr. Flora explained that this is a model ordinance and that it complies with
State statutes. The fees are based upon the estimated time involved in processing the
information by personnel.
Councilman Billings noted that there are areas of the ordinance referring to "director." It
was felt that perhaps "the City" may be more appropriate language in many of those areas.
He requested that the ordinance be reviewed for said necessary changes.
In consideration of the numerous concerns, it was suggested that perhaps approval of this
ordinance should be tabled until after the Public Utilities Commission meets or a state-
wide ordinance is approved. Mayor Jorgenson noted that this could likely be at least one
year away.
Councilman Schneider stated that he felt an ordinance needed to be in place to determine
what is reasonable. If changes need to be made, amendments can be made to the
ordinance. It was his feeling that the language should be changed with necessary
clarifications and that staff should bring it back to Council at the April 20 meeting. He
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 16
also asked if language could be included in the ordinance to allow for a formal review
process after a specified period of time to review the costs. Mr. Flora responded that this
could be done.
Councilman Barnette asked if the Public Utilities Commission could come up with a fee
schedule that would be applicable state-wide. Mr. Flora stated that he does not feel it
would be easy to adopt state-wide fees. However, the City could be required to adjust the
fees if the Public Utilities Commission determines that the fees are in excess of what they
should be.
MOTION by Councilwoman Bolkcom to table the second reading of this ordinance until
the ne�t regular City Council meeting of April 20, 1998. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
Mr. Richard Pilon, Senior Engineer of Minnegasco, presented Mr. Flora with their GIS
maps for the City of Fridley, and indicated that they would be available to the City on disk
sometime in the fall of 1998.
20. 1998 APPOINTMENTS TO CITY COMMISSIONS (TABLED MARCH 16,
1998 :
MOTION by Councilwoman Bolkcom to re-appoint Dean Saba to the Planning
Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to re-appoint Blaine Jones to the Appeals
Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to re-appoint Bruce Bondow and Rosalie Landt to
the Environmental Quality and Energy Commission.
After discussion, Councilwoman Bolkcom rescinded her motion to re-appoint Bruce
Bondow until they have had an opportunity to confirm his continued interest in serving on
the commission.
MOTION by Councilwoman Bolkcom to re-appoint Rosalie Landt to the Environmental
Quality and Energy Commission. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously.
Mayor Jorgenson noted that Council received a letter in the last Council packet of mail
from Annette Mitchell requesting appointment to the Human Resources Commission.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 17
MOTION by Councilwoman Bolkcom to re-appoint LeRoy Oquist and Satveer
Chaudhary and to appoint Annette Mitchell to the Human Resource Commission.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to re-appoint Richard Young and Tim Solberg to
the Parks and Recreation Commission. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to re-appoint Genevieve Peterson to the Cable
Television and Telecommunications Advisory Commission. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
MOTION by Councilwoman Bolkcom to re-appoint Mavis Hauge to the Police Civil
Service Commission. Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
Mayor Jorgenson noted that the City received a letter of resignation from Duane Prairie
for the Housing and Redevelopment Authority. Pat Gabel has shown an interest in serving
on the HRA, and it would be her recommendation to appoint Pat Gabel.
MOTION by Councilman Schneider to appoint Pat Gabel to the HRA. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared
the motion carried unanimously.
6. VARIANCE, VAR #98-04, BY KIM MILLER OF MILLER FUNERAL
HOME, TO REDUCE THE FRONT YARD SETBACK FROM 80 FEET
TO 37 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION
ALONG THE SOUTH SIDE OF THE PROPERTY, GENERALLY
LOCATED AT 6210 HIGHWAY 65 (WARD 2):
Councilman Schneider stated he asked that this item be removed from the consent agenda
to obtain clarification on the e�sting garage and the finishing materials to be used on such.
Mr. Hickok, Planning Coordinator, explained that the representatives of Miller Funeral
Home are currently evaluating the different options for the e�terior finish on the existing
garage. Without any stipulations, the City Code requires that building finishes be
something other than plain concrete block, and it is his belief that they can come to some
satisfactory resolution on this matter. Councilman Schneider stated that he feels there
should be a stipulation included that the applicant work with staff to come up with a
satisfactory finish for the e�sting garage.
MOTION by Councilman Schneider to approve the Variance Request #98-04 with the
following stipulations: 1) that the petitioner grant a 10 foot easement adjacent to the
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 18
e�sting drainage easement to provide access to a sewage pumping station; and 2) that the
petitioner come to an agreement with staff as to the e�terior finish on the west wall of the
existing garage. Seconded by Councilman Barnette. Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
9. APPROVE SUPPLEMENTAL AGREEMENT TO THE 57TH AVENUE
RECONSTRUCTION PROJECT AGREEMENT BETWEEN THE CITY
OF FRIDLEY AND BRW:
Councilman Schneider noted that there has been a significant increase in the estimated cost
of this project and wondered how much will be applied to the taxpayers. Mr. Flora noted
that this information was contained in his memorandum of April 6, 1998. Most of the
added costs are associated with inspection and surveying which will be reimbursed by the
County.
MOTION by Councilman Schneider to approve the Supplemental Agreement to the 57th
Avenue Reconstruction Project Agreement Between the City of Fridley and BRW.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
23. INFROMAL STATUS REPORTS:
Mr. Burns noted that Dave Sallman, Public Safety Director, was present to discuss the
Police Department's 1998 Goals and Objectives; however due to the late hour, Council
may wish to divert this matter to the Apri127 conference meeting. This was the consensus
of the Council.
Councilwoman Bolkcom reminded the audience of the SOth Anniversary Task Force
meeting on Thursday evening, noting that they are actively looking for new members.
Mr. Flora provided a brief update as to the Hackman Avenue sump-pump line. He noted
that two meetings were held with a very poor response from residents. He felt that the
line should be put in. As new pumps are connected to the pipe, a$200 fee could be
collected as originally discussed which will help recoup some of the costs for the City.
CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 19
ADJOURNMENT:
MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously and the Regular Meeting of the Fridley City Council of April 6, 1998
adjourned at 11:29 p.m.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor