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03/04/2002 - 00017283THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 4, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked Mr. Burns if Item No. 5 should have the corrected insertions approved in addition to the resolution. Mr. Burns asked Mr. Knaak, the City Attorney, if the typographical error on the second page of the resolution should be corrected. Mr. Knaak stated that it should be reflected in the record at some point. Councilmember Bolkcom stated that she would like Item No. 5 removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda as amended with Item No. 5 removed. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. SET A PUBLIC HEARING FOR APRIL 8, 2002, TO CONSIDER A REQUEST TO TRANSFER THE INTOXICATING LIQUOR LICENSE FOR SPIKERS GRILLE & BEACH CLUB (7651 HIGHWAY 65 N.E.) (WARD 2): Mr. Burns, City Manager, stated that this is to set a public hearing for April 8, 2002, to consider a request to transfer the liquor license for Spikers to Minnesota Sports Federation. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 2 SET A PUBLIC HEARING FOR APRIL 8, 2002. 2. RESOLUTION NO. 25-2002 IN SUPPORT OF AN APPLICATION FOR MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that this is a renewal of the pull-tab license for Knights of Columbus. The term of the new license would run from June 1, 2002, to May 31, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 25-2002. 3. RESOLUTION NO. 25-2002 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341 (GENERALLY LOCATED AT 6431 UNIVERSITY AVENUE N.E.) (WARD 1): Mr. Burns, City Manager, stated that this project provides for the replacement of a pedestrian bridge in the same configuration as it existed before it was destroyed by a garbage truck last year. The City will also install an advance warning crossbar over the road on both sides of the bridge. All costs associated with the bridge replacement will be passed through the insurance carrier of the sanitation company responsible for the demolition of the bridge. ADOPTED RESOLUTION NO. 25-2002. 4. RESOLUTION NO. 26-2002 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2002 AND 2003: Mr. Burns, City Manager, stated that this agreement provides for a four percent (4%) cost of living adjustment for 2002 and two adjustments of two percent (2%) in 2003. It provides for compensation for time worked by Field Training Officers. The City also agrees to continue to research and discuss the viability and options for post-retirement health care under the plans recently promoted by the Minnesota State Retirement System. The agreement also pledges the City will research new options for scheduling police officers for court time and reporting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 26-2002. 5. RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR OCTOBER THROUGH DECEMBER, 2001: Mr. Burns, City Manager, stated that the adjustments were made as a result of unforeseen revenues and expenditures. There is $38,237 in revenue and expenditure adjustments for FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 3 the General Fund. There is $33,930 in revenue and expenditure adjustments in the Capital Improvements Fund to be spent to upgrade the railroad crossing on 77th Way. A revenue adjustment of $30,335 was transferred from the General Fund as a budget expenditure to cover the City's portion of grant funded employees' salaries and benefits. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. APPOINTMENT TO PLANNING COMMISSION: Mr. Burns, City Manager, stated that this is a motion to appoint Brad Dunham to the at- large vacancy on the Planning Commission. Mr. Dunham is a resident of Fridley. He applied for the vacancy on the Planning Commission created by the resignation of Connie Modig. Staff recommended Council's approval of this appointment. APPOINTED BRAD DUNHAM TO THE PLANNING COMMISSION. 7. CLAIMS: APPROVED CLAIM NOS. 104078-104215. 8. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as amended with the addition of Item No. 5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No visitors in the audience spoke. PUBLIC HEARING: 9. CONSIDERATION OF AN OFF-SALE 3.2% MALT LIQUOR LICENSE FOR 21ST CENTURY FOOD & FUEL, INC., GENERALLY LOCATED AT 7883 EAST RIVER ROAD N.E.(WARD 3): MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:37 P.M. Mr. Burns, City Manager, stated that Mr. Xia Yang is here representing the 21st Century Food and Fuel, Inc. He stated that the store on the east side of East River Road was once a shopping center. It has had a 3.2% malt liquor license. Mr. Yang has acquired the store and established a new license with ownership of the store. Mr. Yang's application has been reviewed by the Police Department and his references have been checked. Staff recommended approval of the liquor license. Mr. Yang, 533 Jessamine Avenue East, St. Paul, stated that this is the first time he has applied for a liquor license. He does not drink much himsel£ He has been looking for a gas station for the last couple of years. He has owned a convenience store in St. Paul for six months. The previous owner was related to his uncle's wife and that is how he got permission to buy the store. He wants to be a part of Fridley's business because it is a quite place with good neighborhoods. Councilmember Bolkcom stated that this is a 3.2% malt liquor license. The rules are clear as to who he can sell it to, and the police do spot checks on different stores to make sure they are in compliance with the rules. Mr. Yang stated that he is aware of the rules. Councilmember Bolkcom welcomed Mr. Yang to Fridley. Mr. Yang thanked Council. Mr. John Maloy, 8051 Broad Avenue, stated that he lives close by the store. He would like to state that he has no objections with this liquor license. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. 5. RESOLUTION NO. 27-2002 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR OCTOBER THROUGH DECEMBER, 2001: Mayor Lund stated that this was removed due to a typographical error in the resolution. MOTION by Councilmember Bolkcom to receive a corrected copy of the resolution. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 5 MOTION by Councilmember Bolkcom to adopt the Resolution No. 27-2002 as amended. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that the Home Remodeling Fair had the same amount of traffic as last year. There was a lot of information available if you are interested in remodeling. Mr. Burns, City Manager, stated that Grant Fernelius worked particularly hard on this event. Councilmember Barnette stated that the caucus is Tuesday, March 5, 2002, at 7:00 p.m. Councilmember Billings stated that if people have questions on the caucus, they should call City Hall for information. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 4, 2002, CITY COUNCIL MEETING ADJOURNED AT 7:46 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor