01/27/2003 - 00024833MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JANUARY 27, 2003
The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33
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, and Councilmember
Wolfe.
MEMBERS ABSENT: None.
OTHERS PRESENT: William W. Burns, City Manager
Jon Haukaas, Public Works Director
Richard D. Pribyl, Finance Director/Treasurer
Scott Hickok, Community Development Director
Frederic W. Knaak, City Attorney
PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 9, 2002
City Council Meeting of December 16, 2002
City Council Meeting of January 6, 2003
NEW BUSINESS:
1. SPECIAL USE PERMIT REQUEST, SP #03-01, BY THOMAS SUTHERLAND,
TO CONSTRUCT A SECOND ACCESSORY STRUCTURE (GARAGE) OVER
240 SQUARE FEET, GENERALLY LOCATED AT 5850 SEVENTH STREET
N.E. (WARD 1):
Dr. Burns, City Manager, stated that the petitioner, Thomas Sutherland, was planning on
building a 896 square foot accessory structure in the rear yard. The Planning
Commission reviewed the proposal at its January 15 meeting and voted unanimously to
approve the request subject to stipulations. Staff recommended Council's approval.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 2
APPROVED WITH THE FOLLOWING SIX STIPULATIONS: 1) PETITIONER
SHALL INSTALL CODE-REQUIRED HARD SURFACE DRIVEWAY WITHIN
12 MONTHS OF ISSUANCE OF A BUILDING PERMIT; 2) PETITIONER
SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION;
3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR
LIVING AREA; 4) ALL VEHICLES SHALL BE STORED ON A HARD
SURFACE AS APPROVED BY THE CITY; 5) TOTAL SQUARE FOOTAGE OF
ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET;
AND 6) GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH
EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND
COLOR SCHEME.
2. SPECIAL USE PERMIT REQUEST, SP #03-02 BY NEDEGAARD
CONSTRUCTION COMPANY, TO CONSTRUCT A SECOND ACCESSORY
STRUCTURE OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1305
53RD AVENUE N.E. (WARD 1):
Dr. Burns, City Manager, stated that the petitioner, Nedegaard Construction Company,
proposed to construct a 561 square foot accessory structure to be used for RV storage.
The Planning Commission reviewed the proposal at its January 15 meeting and voted
unanimously to approve the request subject to eight stipulations. Staff recommended
Council's approval.
APPROVED WITH THE FOLLOWING EIGHT STIPULATION: 1) GRADING
AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING
STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN
ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES;
2) DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE
APPLICABLE AND STREETS CLEANED AS NEEDED; 3) PETITIONER TO
PAY $1,500 PARK DEDICATION FEE PRIOR TO ISSUANCE OF BUILDING
PERMITS; 4) AT BRITISH PETROLEUM'S (BP) REQUEST, PETITIONER
SHALL AGREE TO NOT BUILD CLOSER THAN 25 FEET FROM THE
CENTERLINE OF THE BP PIPELINE ON THIS LOT; 5) NO SOIL CAN BE
REMOVED FROM OVER THE BP PIPELINE THAT RESULTS IN A DEPTH
OF LESS THAN 3 FEET; 6) UTILITIES CROSSING THE BP PIPELINE MUST
BE LOCATED BELOW IT AND HAVE A MINIMUM CLEARANCE OF 12
INCHES BETWEEN STRUCTURES; 7) AS THE ZONING CODE REQUIRES,
THE GARAGE MAY NOT EXTEND MORE THAN 5 FEET IN FRONT OF A
HOME. PETITIONER SHALL BRING THE HOME DESIGN INTO
COMPLIANCE PRIOR TO ISSUANCE OF ANY BUILDING PERMITS; AND
8) AS SECOND ACCESSORY STRUCTURES WITH DOORS OPENING ONTO
A SIDE STREET ARE REQUIRED BY THE ZONING CODE TO BE SET
BACK 25 FEET FROM THE PROPERTY LINE, THE HOME MUST BE
RELOCATED ON THE LOT OR OTHERWISE BROUGHT INTO
COMPLIANCE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 3
3. RESOLUTION NO. 10-2003 AUTHORIZING AMENDMENT OF LOAN
AGREEMENT EXECUTED IN CONNECTION WITH ISSUANCE OF BONDS:
Dr. Burns, City Manager, stated the Fridley Business Plaza was in the process of being
sold by the Fridley Business Plaza Limited Partnership to Har Mar, Incorporated. Since
the City's industrial revenue bonds helped finance the original project, the new owners
were asking that the responsibility of bond repayment be transferred to them. The
resolution before Council established the City's agreement for transfer of the bond
responsibility. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 10-2003.
4. RESOLUTION NO. 7-2003 ORDERING IMPROVEMENT, APPROVAL OF
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS: STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2003 — 10:
Dr. Burns, City Manager, stated this year's sealcoating project would be in the central
part of Fridley. The area was bounded by Mississippi Street on the north, 57th Avenue
on the south, the BNSF tracks on the west, Seventh Street on the east, north of 61st
Avenue, and also on the east, south of 61st Avenue by University Avenue. The
estimated cost of this work was $100,000. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 7-2003.
5. RESOLUTION NO. 8-2003 ORDERING ADVERTISEMENT FOR BIDS, 2003
MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351:
Dr. Burns, City Manager, stated the maintenance work would cost around $50,000 to
$60,000. The work included required utility repairs, new driveways, and repair work on
some streets, especially those in the Innsbruck area. Staff recommended Council's
approval of this resolution.
ADOPTED RESOLUTION NO. 8-2003.
6. RECEIVE PROPOSALS AND AWARD PROJECT FOR WATER STUDY:
Dr. Burns, City Manager, stated the City sought proposals from four engineering firms
with concerns related to the water system. Staff recommended that the City hire
Bonestroo, Rosene, Anderlik & Associates to develop a computer model for the entire
water system and to evaluate whether or not the Marian Hills water reservoir should be
replaced or restored.
RECEIVED PROPOSALS AND AWARDED PROJECT FOR WATER STUDY
TO BONESTROO, ROSENE, ANDERLIK & ASSOCIATES.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 4
7. APPROVE CHANGE ORDER NO. 1 TO 57TH AVENUE SANITARY SEWER
IMPROVEMENT PROJECT NO. 346:
Dr. Burns, City Manager, stated staff recommended Council's approval of the $4,030
change order for additional work associated with the Sanitary Sewer Improvement
Project. Most of the work was for additional gate valves and utility adjustments which
were not anticipated.
APPROVED.
8. APPROVE 2003 TRI-CITY GIS CONTRACT WITH PLANSIGHT LLC:
Dr. Burns, City Manager, stated the City would like to enter into a tri-city GIS contract
with P1anSight, LLC. The other cities involved are Andover and Columbia Heights.
services. Fridley's share of the contract is $26,846. Staff recommended Council's
approval.
APPROVED.
9. CLAIMS: APPROVED CLAIM NOS. 109507 THROUGH 109806.
10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED.
11. ESTIMATES:
APPROVED THE FOLLOWING ESTIMATES:
CM Construction Company Inc.
12215 Nicollet Avenue South
Burnsville, NIN 55337
Municipal Garage Expansion Project No. 343
Estimate No. 2 .................................................................... $ 81,049.25
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432
57th Avenue Sanitary Sewer Improvement
Project No. 346
Estimate No. 5 .................................................................... $ 6,955.09
No one in the audience spoke regarding the proposed consent agenda items.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom stated that in the second paragraph on Page 4 of the December 9,
2002, Council meeting minutes, the word "proposed" should be removed.
MOTION by Councilmember Barnette to approve the proposed consent agenda with the
correction to the December 9, 2002, Council meeting minutes. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings to adopt the agenda. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of business.
PUBLIC HEARING:
12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 214 OF THE
FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE
SIGNS.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:42 P.M.
Mr. Hickok, Community Development Director, stated that due to a recent court ruling in which
a portion of the Fridley Sign Code was declared unconstitutional, staff recommended a proposed
amendment to bring the Fridley sign code into compliance with the U. S. Constitution. Section
214.071(B) regarding automatic changeable signs stated, "The message shall not change more
than once every fifteen (15) minutes except for a sign displaying time, temperature, and/or date."
This regulated how often messages change; however, by exempting time, temperature, and date
from the time requirement, the court determined the City was, in essence, regulating content.
Content-based regulations have been ruled unconstitutional. Judge Kammeyer, Anoka County
District Court, ruled that, "Admittedly the 15-minute timing regulation does not regulate the
actual content of the message. But, while it is true that the 15-minute timing regulation regulates
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 6
only the frequency of the change in the message, that regulation varies depending on the content
of the message.. ..Therefore, Sign Code 214.071 (the 15-minute provision) is a content-based
regulation." The proposed amendment removed all content-based regulations, removed all time-
exemption for messages displaying time, temperature, and/or date and required all messages not
to change more than once every 45 seconds. He said that automatic changeable signs were
permitted in all districts except residential districts and then only after petitioner was issued a
special use permit with the following minimum conditions: conformance to sign requirements
within that district and the requirement that the message would not change more than once every
15 minutes except for a sign displaying time, temperature, and/or date. Staff recommended
Council hold a public hearing for the proposed sign code te�t amendment.
Councilmember Billings stated that several months ago the City received a request for a variance
on the length of time a sign could stay on and it was denied. Subsequent to that there were
discussions and a decision was made to wait until after they had heard from the Court. He asked
if a letter had been received from the Chamber of Commerce regarding this matter.
Mr. Hickok replied that they had received a letter.
Councilmember Billings stated that as a result of a request for a variance and discussions with
the petitioner, he drove north on University Avenue toward Osborne Road until he could see the
sign for the church on the northeast corner of Osborne and University. The church has a
readable sign and driving at 45 mph from the point he could first read the sign until he got past
the sign was about 30 seconds. He said if someone was driving at a reasonable speed on any of
the City's streets, the sign should only change once if the time limit was 45 seconds. If the time
limit got down to 15 seconds, a person driving 40 mph might see it change two or three times.
Councilmember Billings stated that the letter from the Chamber of Commerce was received in
March, 2002. It indicated that under the current sign ordinance, Fridley businesses were at a
competitive disadvantage. He said he thought the main goal of the original ordinance was two-
fold. First, they did not want the City to look like downtown Las Vegas. Second, with the
highways going through Fridley and people driving at speeds of 55 mph and above, Council
wanted to make sure that drivers were not distracted. In view of the District Court's decision,
they wanted to make sure that they regulate time, temperature, and date in the same manner as
they regulate everything else. He said he felt that something in the neighborhood of 15 seconds
would probably be more appropriate than 45 seconds.
Mayor Lund asked Councilmember Billings if he wanted it changed to 15 seconds.
Councilmember Billings replied that it was a suggestion.
Mayor Lund mentioned the letter from the Chamber of Commerce urged Council to make a
decision that was best for the community as a whole. He asked that Council seriously look at the
change in the ordinance. He had no problem with changing it to 45 seconds or 15 seconds. He
did have some concerns regarding illumination.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 7
Councilmember Wolfe stated he agreed about illumination. He asked if the clock would change
every 45 seconds.
Mr. Hickok stated that he imagined that as the clock was shown, it would have the correct time,
but it would only be shown every 45 seconds.
Councilmember Wolfe asked if the time would stay on for 45 seconds and then get switched to a
different message
Mr. Hickok stated that it would.
Councilmember Wolfe asked if whatever message showed up had to stay there for 45 seconds.
Mr. Hickok said it did.
Councilmember Bolkcom stated that depending on the sign, it could show a message.
Mr. Hickok said a message would read 12 o'clock until 12 o'clock and 45 seconds at which time
a new message would be shown. When the time was shown again it would be different. He said
the judge made the distinction. They could not allow the time to run separately.
Councilmember Bolkcom stated that it did not prohibit someone from having the time and
temperature on the bottom stay the same and change the message elsewhere on the sign.
Mr. Hickok replied the time had to stay the same and when the message changed the temperature
would show. He stated they could not make a distinction between the time change and the
message changing. So, if you were asking if a message could be left there for 45 seconds and let
the time and temperature change as it would, it could not. It needed to be left for 45 seconds like
the rest of the message. You could not do one and not the other. It had to all be done the same.
Councilmember Barnette said if it was past midnight on January 28, for 45 seconds it would still
show January 27.
Mr. Hickok agreed.
Councilmember Barnette replied he would be in favor of 15 seconds.
Councilmember Bolkcom stated going back to whether it changed in 45 or 15 seconds, she did
have a concern that it was constantly changing and was a distraction, no matter whose sign it
was, what color it was, and how bright it was.
Councilmember Wolfe stated he would like to see it kept at 45 seconds to see how it worked and
gradually decrease the time.
Councilmember Billings commented that he thought if they were going to abide by the judge's
ruling and no longer exclude time, temperature, and date from the regulations, they had to try
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 8
and come up with something that would accommodate the ruling. He thought changing the signs
about every 15 seconds was about as long as they wanted to go on those particular signs because
otherwise they really were not of much use. He said that he believed there were only two signs
at businesses in town that have the time and temperature: Twin City Federal and Home Value.
Mr. Hickok replied there was a sign at Dr. Dahl's business on Highway 65.
Councilmember Billings stated he thought the sign at Menards had the capability of changing.
He said he thought it was important to come up with some type of enforceable regulations that
were easily understood by the public and easily understood by the enforcement authorities.
Councilmember Wolfe commented that in the parking lot at Friendly Chevrolet, they had
regulations on downcast lighting. The principle was the same and that was not to make it a
distraction to the neighborhood.
Mr. Hickok stated they received information from the National League of Cities on this question.
They provided two sources in the research. One was on downcast lighting in parking lots. The
other was on an ordinance that outlined the kilowatts or the movements that could be used for
spotlighting a sign. He said the technology was just new enough that people were not able to
enforce it.
Dr. Burns, City Manager, asked if this was something they could try for a given period of time
and then automatically have it come back for review.
Attorney Knaak, City Attorney, replied that they could create an effective termination date for
any legislative condition that they were undecided about. He said the challenge to the City's
ordinance was very broad and it was upheld. The point they were addressing was actually very
minor. There was a whole separate line of authority that agreed with Councilmember Barnette's
point of view. It was not, however, the sign that the Judge in his very carefully written opinion
decided to side with. He said he thought it was important to understand that virtually all of the
City's sign ordinance was upheld by Judge Kammeyer's opinion.
MOTION by Councilmember Billings to receive the letter dated March 21, 2002, from the
Chamber of Commerce. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:12 P.M.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 9
NEW BUSINESS
13. RESOLUTION NO. 9-2003 RECEIVING THE PRELIMINARY REPORT AND
CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION
OF CERTAIN IMPROVEMENTS: 62ND WAY EXTENSION PROJECT NO. ST.
2003 — 2.
Mr. Haukaas, Public Works Director, stated the resolution received the report and outlined the
proposed project. The project would construct a 13-foot wide street with concrete curb and
gutter. The improvement was estimated to cost just over $21,000 including engineering and
contingency but did not include potential right-of-way acquisition costs. There currently existed
a right-of-way 25-feet wide e�tending 40 feet to the west of the Riverview Terrace right-of-way.
Another right-of-way and matching 25-foot width e�tending an additional 50 feet to the west
would be required to construct the project as it was currently laid out. It was recommended to
assess the project to the users of the new street. The street e�tension would be used exclusively
by the properties at 190 - 62"d Way and 310 - 62"d Way. The easterly half of the improvement
would be used by both properties, while the westerly half would be used exclusively by the
property at 310 - 62"d Way. If the project proceeded, it was recommended that the property at
190 — 62nd Way be assessed 25 percent and the property at 310 — 62nd Way be assessed 75
percent. These assessments may be certified to Anoka County to be paid over a ten-year period.
The City of Fridley did have a policy allowing senior citizens to defer assessments until such
time as the property was sold. Staff recommended that Council consider this project. The
resolution scheduled a public hearing for March 3, 2003, but he understood there was a request
to reschedule it for March 24.
Councilmember Bolkcom stated what was before them was a resolution that basically accepted
the report as presented scheduled a public hearing. They would receive input from Council and
residents and anyone else at the public hearing.
Attorney Knaak, City Attorney, replied that was the statutory procedure.
Attorney Jim Neilson, attorney for Mr. and Mrs. Greg Potasek at 310 - 62"d Way in Fridley and
also for Ms. Marlene Gibson at 190 62"d Way, asked to speak directly about everything that has
gone on in the last few months. He stated that in the end, this matter was probably going to be in
court. He said it seemed to him that the City was creating more attorneys' fees for the property
owners and for the City. He thought there should be a determination in court first whether, as
they believe, this is a public road and it has to be done. He said there could be problems if they
proceed before the final determination by the court. He suggested that they table this until there
is a determination. He said his clients had directed him to bring a declaratory judgement action
in court.
Attorney Knaak stated he had no reason to doubt that Mr. Neilson would file an action in court.
He said the City could order improvements on that property regardless of what it was classified
as.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 10
Mayor Lund stated it seemed Council had been repeatedly asked to do something about this
matter, and they are attempting to resolve the issue.
Councilmember Billings replied that was exactly what his conclusion was back in August 2002.
They were nearly to this point and they were asked by Attorney Neilson to postpone things while
he had a chance to negotiate with the City's attorney. It is now January, 2003, no action had been
taken in this matter, and they were being asked to delay it again. They could have potentially had
a roadway built in the fall of 2002. He said if the property owners argued that this was a City
street and should be maintained as a City street, he thought it should be brought up to City
standards. He indicated that this was the procedure they generally followed in doing so. He saw
no reason to delay any longer but to move forward in the direction that the property owners had
been suggesting that they move all along.
MOTION by Councilmember Bolkcom to adopt Resolution No. 9-2003. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to change the date of the public hearing to March 24,
2003. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. RESOLUTION REVOKING INTOXICATING LIQUOR LICENSE FOR AMF
BOWLING CENTERS, INC., DB/A AMF MAPLE LANES LOCATED AT 6310
HIGHWAY 65 N.E.
Mr. Pribyl, Finance Director, stated that this resolution was tabled at the Council meeting on
October 28, 2002. At that time, staff presented information provided by AMF that indicated it
had not met the minimum food-to-liquor ratio as required by the City. A resolution was
presented to revoke the liquor license. The City Council tabled this resolution to allow AMF to
make some changes and increase food sales. He said they received AlVg" s July through
September sales showing that their food-to-alcohol ration averaged 36 percent.
Councilmember Billings stated they had a motion before them a few weeks ago to change the
ordinance relative to the ratio between food and liquor and reduce it from 40 percent to 35
percent. He said he did not support that change. He indicated that even if they had supported
the revision to the ordinance, this particular establishment would not have meet the requirements.
There was a 60/40 minimum ratio of food to liquor, but there was also a requirement that in
order to be licensed as a restaurant selling on-sale liquor, 40 percent of the total business needed
to be from a combination of liquor and food. He believed this particular business did not meet
the definition of a restaurant. He said Minnesota Statutes outlined the requirements, but there
was no definition of a bowling center in state statutes, nor was there any definition of a bowling
center in the City of Fridley's ordinance. He said the proper way to handle this was to add a
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 11
definition of a bowling center to the definitions in Chapter 603 and some wording stating that in
order to be eligible to receive a liquor license under Chapter 603, the business should be a
bowling center, a hotel, or a restaurant. He thought the City might want to limit the ordinance to
bowling centers, hotels, and restaurants. Minor changes would also need to be made to the
language regarding the 60/40 ratio. He said if that was the direction the majority of the Council
wanted to go, he thought this should be tabled for another three months allowing AlVg' to operate
while the ordinance was being revised.
Councilmember Barnette stated he was still concerned about making an exception.
Councilmember Billings read the State statute that applied. He said the statute spelled out hotels,
restaurants, and bowling centers all separately and indicated that they expect them to make
provisions for those three types of organizations to be allowed to sell on-sale liquor. He thought
they were allowed to have a category for bowling centers strictly because it was in the state
statute.
Councilmember Barnette stated he would like to see Maple Lanes stay. He stated they could
have problems with the billiard center or volleyball center by making exceptions.
Councilmember Billings replied a liquor license could be issued only if they were a hotel or
restaurant.
Councilmember Barnette stated they have a restaurant in their facility.
Councilmember Billings stated that those are the two provisions that allowed them to issue an
on-sale liquor license. If they have a restaurant, they must meet the same rules and regulations
as the other restaurants.
Councilmember Wolfe asked if they were making an exception because the bowling center did
not have a restaurant as their primary business.
Councilmember Billings replied that they were not making an exception. The City would try to
adapt their existing ordinance so it more closely aligns with the state statute.
Councilmember Wolfe stated he would like to table this matter.
Councilmember Billings stated that it would require changes to the language of the City's
ordinance. He believed the language could be drafted within the ne�t two or three weeks and it
could be back on the agenda at the end of February or the first part of March.
Mr. Pribyl stated liquor licenses were due Apri130.
Councilmember Billings stated that by Apri128, they could have a new ordinance in place.
Mayor Lund stated he was glad to see this proceed.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 12
Councilmember Bolkcom stated she needed to see the language.
Councilmember Wolfe stated he thought they were headed in the right direction.
Councilmember Billings asked Mr. Pribyl if the Finance Department would draft the changes.
Mr. Pribyl replied that they would work with the City Attorney.
MOTION by Councilmember Billings to table this item until April 28, 2003. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. RESOLUTION NO. 6-2003 AUTHORIZING AN APPLICATION FOR THE 2003
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Mr. Hickok, Community Development Director, stated the resolution requested permission to
apply for 2003 Community Development Block Grant funding from Anoka County for the
Gateway West Project. Of the $200,000 in CDBG funds requested, $167,800 would be for
acquisition and closing costs on blighted property, $5,000 for demolition and professional
services and the remainder for relocation and environmental fees. Staff recommended approval
of the resolution.
MOTION by Councilmember Bolkcom to adopt Resolution No. 6-2003. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. INFORMAL STATUS REPORTS.
Dr. Burns, City Manager, stated they met with Jim Rhodes of Xcel Energy regarding tree
trimming. Mr. Rhodes said they would be trimming trees in February and that letters would be
sent to Fridley residents.
Mr. Haukaas, Public Works Director, showed one of Xcel's maps showing the highlighted areas
where the tree trimming would be taking place. He said Xcel employees would be going door to
door and leaving door hangers for residents that explained what they were planning to do. As a
result of their meeting they identified three to four hot spots they were going to try and look at
and try to get the trimming done. He said the four areas they were planning to trim were behind
Holly Center, behind the Spur Station on East River Road, north of St. Philip's Church to the
east of Baker Street and north of Rice Creek Road along the Harris Pond outlet ditch.
Dr. Burns stated the newsletter was completed and was on the City's web site. It should be
delivered in a coupe of weeks.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 13
Councilmember Bolkcom asked about Winter Fest.
Dr. Burns said it would be held on Saturday.
Mayor Lund stated there would be activities taking place at the Springbrook Nature, Commons
Park and the Fridley Community Center.
Councilmember Bolkcom stated people could call the Parks and Recreation Department if they
had any questions.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
JANUARY 27, 2003, CITY COUNCIL MEETING ADJOURNED AT 8:49 P.M.
Respectfully submitted,
Denise M. Letendre Scott J. Lund
Recording Secretary Mayor