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02/12/2007 - 00028964CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 12, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Jack Kirk, Director of Parks and Recreation POLICE DEPARTMENT UPDATE: Officer Chris Knight, Fridley Police Department, presented an update on their predatory offender checks. He stated currently the Fridley has 60 sex offenders and predatory offenders. They are now lumped together and listed as predatory offenders. They are grouped into different levels: Level III, Level II, and Level I and Not Assigned. Level III is the most likely to offend of which the City has none. The Bureau of Criminal Apprehension has a lack of resources in this area when it comes to doing checks, so they ask for assistance from the Police Department in every community to assist them in doing the checks. Police Chief Abbott takes these checks very seriously and has dedicated resources to complete this function. The Police Department performs three to four random checks per calendar year. He has done these checks for approximately the past ten years. One or two officers meet in person with each one of the offenders each time they do the checks. Officers verify the offender's residence and update photographs as needed. He said he completed the Police Department's checks in December. He personally made contact with all 60 offenders in Fridley. There are three violations that he is in the process of charging out. This is common. They usually find anywhere between three and five violations. Officer Knight stated he always completes any intake and exit paperwork and any updated paperwork as needed. He works directly with the Bureau of Criminal Apprehension and the County Attorney on any violations that take place. Per state law, all offender information is private and it cannot be released to the public for any reason. Changes can be made, but they must be done by the legislature. The Police Department completes these checks to stay informed FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 2 and updated on each offender's information and will continue to do so. If there are any questions, please feel free to contact him. Councilmember Barnette asked what the range of age was for the offenders. Officer Knight replied 15 to 16 years old is the youngest. The oldest are in their 60s. Mayor Lund asked if 60 offenders were considered a lot for a community the size of Fridley. Officer Knight said it was considered average. Mayor Lund asked how much time he spent on this. Officer Knight replied he sets aside one week every couple of months. He will take another officer with him or do them himself. During that week he dedicates his 40 hours to doing the checks and follow-ups with the individuals and then any prosecution that is needed. Councilmember Saefke asked whether the offenders are obligated to check in with the local police department on a regular basis. Officer Knight replied the BCA gives them two options: the first is based on sending paperwork once a year to each offender in every community and giving them ten days to reply and return the paperwork If they do not reply, the police track them down. That is considered the reactive approach. The proactive approach is what the Fridley Police Department is taking in which they do random checks at multiple times throughout the year. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 22, 2007 Councilmember Saefke stated the adjournment was moved by Councilmember Barnette. APPROVED AS AMENDED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapters 11 and 108 of the Fridley City Code Pertaining to Fees and Open Burning; and Adopt Official Title and Summary Ordinance. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 3 Williams Burns, City Manager, stated the ordinance would require a permit for the burning of trees, brush, grass, and other vegetative matter. The ordinance outlines the materials allowed to be burned under the permit. He said that while no permit was required for recreational fires, the ordinance also spells out the conditions under which these recreational fires may occur. An open burning permit may be obtained from the Fire Department at a cost of $95. There is also a summary ordinance attached to the second reading of tonight's ordinance that will be used for publication purposes. The first reading of this ordinance was approved by Council at their meeting on January 22. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of January 17, 2007. RECEIVED. 3. Receive Bids and Award Contract for the Repair of Well Nos. 5 and 10. William Burns, City Manager, stated Public Works Director, Jon Haukaas, is recommending the Council awards this year's preventative maintenance contract for two of wells to the two contractors submitting the lowest bids. He is recommending that the repair of Well No. 5 be awarded to E.H. Renner & Sons of Elk River for the amount of $8,881. He is also recommending that the contract for repair of Well No. 10 be awarded to Bergerson-Caswell, Inc. of Maple Plain for the amount of $50,075. The amount of $60,000 has been budgeted for well repair in the 2007 budget. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve Contract Amendment for the 85t'' Avenue Trail Design Project. William Burns, City Manager, stated in 2004, the City was successful in getting a federal transportation ISTEA grant for the design and construction of the 85th Avenue bikeway. Our design consultant, Bonestroo, Rosene, Anderlik, and Associates, have been acquiring right-of- way and designing the project for the last two and one-half years. The legislation before them provides an additional $26,818 in compensation for Bonestroo in recognition of the expended time and additional work they have been doing. Bonestroo estimates the project cost will be $1.2 million. Their original contract was for $78,042. Of the cost, 80 percent will be covered by federal transportation money. The 20 percent local match will be covered by the City's MSAS money. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 4 5. Resolution Supporting the Improvement for the Rice Creek West Regional Trail. William Burns, City Manager, stated the Anoka County Parks and Recreation Department is asking for Council's support of their federal recreation trail grant application which is about $30,000. If funded, it will serve to upgrade the portion of the trail that e�tends from Highway 65 to Old Central Avenue. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-13. 6. Claims (130329-130603). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8. Estimates. Palda & Sons 1462 Dayton Avenue St. Paul, MN 55104 Mill and Overlay Project No. 2005 - 1 FINA ESTIMATE ................................................... $ 48,427.16 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Saefke asked that Item No. 3 be removed. Councilmember Bolkcom asked that Item Nos. 1 and 4 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 1, 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1, 3 and 4 from the consent agenda. Seconded by Councilmember Varichek. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 5 MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Paul Westby, owner of a business at 6425 Highway 65, referenced a letter he had received from Scott Hickok whose recommendations came from Attorney Knaak. He said he is a chiropractor but is also licensed in acupuncture. He is also a board certified nutritionist and is licensed and practices in integrated health and wellness programs. He asked for some guidance from Council. Mayor Lund stated he recalled that memorandum related to a legislative or state statute regarding the definition of chiropractic use and that is what Dr. Westby's limited special use permit was for. Dr. Westby stated said his special user permit was dated January 11, 1999, and was signed by Barbara Dacy. Under the permit, he had to e�tend and pave the frontage alongside the west line of the property, install an asphalt driveway, line the parking lot with a concrete curb, had to have parking spaces which he e�tended, and had to have final drainage, landscaping, and irrigation plans that had to be submitted with the building permit, have a storm pond, and had to have a variance for the driveway. Looking at the Fridley City Code, Section 205.09, the R-3 Multiple Dwelling District Regulations, under No. 7, "Hospitals, Clinics and Nursing Homes," were all okayed by an R-3. So he is a little confused on the limiting of who can be there. The letter he received from Mr. Hickok stated, in the third paragraph, it has a very important distinction, as revealed through Mr. Knaak's opinion, staff has in the past indicated that a medical clinic use would be acceptable as a tenant in the basement. Attorney Knaak has concluded that staff's generosity with the interpretation is not in keeping with the precise language of the special use permit. He said he does not agree with that. Any use of the special use permit will need to be linked to procedures to chiropractic adjustments. When he first moved in, he requested a massage studio and was told he could not do that and yet that would be covered. An acupuncture clinic would also be covered. In the clinic they also have Pilates, massage, and other integrated health procedures, so this limiting is pretty restrictive. Mayor Lund stated he knows that he has tried to get it rented for some time. Also, when he first brought this up, the recollection was that the basement issue was an after-thought. Dr. Westby said commented it was not an afterthought. If it were an afterthought, he would not have spent an e�tra $13,000 paving the back parking lot to add additional spaces. It was designed to be leased. Mayor Lund asked Attorney Knaak if this matter should be revisited. Fritz Knaak, City Attorney, replied Mr. Westby can make any application he wishes. He said he was requested by staff to do a legal opinion with respect to what would or would not be an allowed use under a special use permit issued at that site for a chiropractic clinic. He did an analysis and research that included research of state law as to what constitutes the chiropractic practice. As a result of that research, state law itself was quite focused and limited on what is defined as chiropractic. Echoing that and applying it to the ordinances, he reached a conclusion as to what could or could not happen in a chiropractic practice at that site. He thinks Dr. Westby FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 6 has raised issues with respect to what he would include as part of his chiropractic practice. Obviously the City is not in a position to be regulating what is or is not the practice of chiropractic in the State of Minnesota. So when they had a discussion, he told Dr. Westby that if Dr. Westby could establish that the practice of chiropractic, which was allowed in his special use permit, is in effect broader than what he was able to find in state law and state regulations, that was something he could bring to the City's attention and something they would consider. He said he has not seen anything from Dr. Westby that would influence him to change is opinion as to what is allowed under a special use permit. He said if Dr. Westby would like to fill out a special use permit application and indicate what he wants to do, Dr. Westby can do that, but he cannot provide Dr. Westby with any assurance that his opinion would change. William Burns, City Manager, stated there is a fee for special use permits. Dr. Westby replied, $1,500. Mayor Lund asked if it was overly strict. He asked what the intent of the City Council was when the original special use permit was issued. Councilmember Bolkcom said with respect to the special use permit, she thought Dr. Westby was originally going to build his clinic. She believed it was the contractor who suggested putting in a basement and adding more square footage. She thinks they need to go back and review the minutes. It was basically for him to have a chiropractic clinic. She thinks if he is bringing in these other uses, he does need to revisit the special use permit and he would have to bring another special use permit request. When they initially talked, she thought he wanted to put a spa there and do more hair type of things. They were great services to offer, but she thought they were different than what was included in the special use permit. Dr. Westby stated the reason the building was changed was because the land slopes down to the east so he would have had to bring in an estimated 500 to 800 truckloads of fill. So his building consultant and the architect changed it from a single level to a split-level to save money, but the intent still would have been to have somebody else there. Councilmember Bolkcom stated she did not think anyone is debating that having a spa in there now would be doing things different than the original intent. Dr. Westby stated he can understand the spa thing. If he understands the letter correctly though, only chiropractors can go downstairs. Their definition of chiropractic did not include acupuncture, but he is licensed by the State of Minnesota to do acupuncture. Although that was not included in the definition, he is still regulated by the Minnesota Chiropractic Board of Examiners. So if they want to go by straight definition of chiropractic, that does not really explain what he does, only a part of what he does. He is looking through the Fridley Comprehensive Plan, on page 425, No. 7, Future Land Use Goals, which encourages a variety of high quality commercial services and employment opportunities for Fridley residents and businesses. Going to page 427, No. 18, it encourages and facilitates in-field commercial and industrial development on remaining vacant parcels to ensure maximum efficiency of land use. That is exactly what he did, and his building sits between R-1 and R-3, so his building also FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 7 provides a buffer for the R-1 people. His neighbors have told him that. He said he really needs some clarity. He thinks if they were to restrict it just to chiropractic, it would be unfair to him. They can develop that in a very good way and, as he said before, whoever leases from him downstairs is going to be more of an issue for him than they will be for the City because they will be in his house. So he is going to be strict. Mayor Lund replied he would be willing to have it looked at. Councilmember Bolkcom said she thinks they have to be careful. She feels for Dr. Westby, but he basically knew when he made the application what he could and could not do. She thinks Dr. Westby needs to sit down with the City's Planning Department again and look at what he has, what his application said he had, and go from there. She asked for Attorney Knaak's response to this. Attorney Knaak stated he thinks there seems to be some confusion about normal conditions that are imposed as part of a special use permit. A special use permit is allowed for certain kinds of uses that otherwise would not be allowed in some zones. Those tend to be very limited but you must grant them with reasonable restrictions based on health and safety and those kind of things. That does not relate to what is or is not the allowed use, which in this case is actually defined as medical clinic or clinic. He said he thought chiropractic was included by interpretation by the City at that point. Chiropractic is what the permit allows. It is important to know that if a different kind of inedical clinic or if a different kind of clinic were to go in there, they would have to come in and get their own special use permit. This is not something that, you have a special use permit now, you are automatically applied. It is the use that is allowed with the conditions that are imposed. Dr. Westby replied he just wanted to make sure he is not limited to chiropractic in the basement. Attorney Knaak replied right now as he reads the State law as it goes into the Code, he is limited. Regarding that use on the site, unless he modifies it in some way by application or somebody else comes in, he is limited to a chiropractic clinic. Mayor Lund thanked Mr. Knaak for the clarification. He asked if they were being overly restrictive. Attorney Knaak responded in his research of statute and regulations, he did not see that. He was a little surprised as he knows that acupuncture and some of the things Dr. Westby is talking about are certainly what he associates with individuals he knows who practice chiropractic and that is something else they do. He invites Dr. Westby or his association or anyone else to show that in fact standard chiropractic practice in Minnesota includes these things. Mayor Lund suggested to Dr. Westby that he have further discussions with staff. He asked that staff get back to Dr. Westby. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 8 NEW BUSINESS: 9. First Reading of an Ordinance Amending and Recodifying Chapter 508 Pertaining to Alcoholic Beverages. Jack Kirk, Director of Parks and Recreation, stated the City's current ordinance allows some alcoholic beverages, but is very restrictive. It does allow 3.2 percent malt liquor in Locke Park and he believes that was a covenant that came attached to the donation of the land many, many years ago. It is not real often. It also allows 3.2 percent malt liquor by permit for clubs, charitable, religious, non-profit, public, and private organizations at Community Park For the most part, that has always been done in conjunction with an organized softball tournament. Mr. Kirk said during the 30 years he has been involved with the Fridley `49er Days, it has always included a beer garden component. With the changes coming to Columbia Arena and the need for the Fridley `49er Days to locate to another location, the `49er Days Committee looked at other venues. Their most desirable site in the City was somewhere in the center of the community, and that would be Commons Park The `49er Days Committee has also received approval to hold some of their events on school district property. They will be having a carnival at the High School, and a number of events at the Community Center. Mr. Kirk stated if a beer garden component were to be part of the `49er Days, it would necessitate a change in the City's ordinance because the way it reads right now, Community Park is the only park that allows a 3.2 percent malt liquor license. It might be helpful to know that having beer at Commons Park is not without precedent in Fridley. That was the main venue for softball tournaments until Community Park was built. When the athletic complex at Community Park opened, the ordinance was changed to just read Community Park because that was where all the softball tournaments were going to take place. Mr. Kirk stated the second part of their recommendation to this chapter deals with allowing malt liquor and wine for receptions and/or social events that would take place at Springbrook Nature Center. The main reason for promoting this change is to provide an opportunity for some revenue for the operation of Springbrook Nature Center. While they have talked about this many times in the past, it became important about three or four years ago when they had the major budget crises affecting Springbrook At that point, they were charged with having to bring in a larger percentage of their operation through programs or rentals. They did try to market the rental of Springbrook for wedding receptions and anniversary parties. They had very little action in that area primarily because alcohol was not allowed. Mr. Kirk said he reviewed the ordinance with Public Safety Director pon Abbott and they both agreed that a reference to the state statute should be included in Subdivision 4 to make sure the City Code is in compliance with the state statute. Mr. Kirk stated they would look at having beer and wine at Springbrook under four conditions. First, a club, charitable, religious, non-profit, public, or private organization that wished to sell or allow buyers to consume malt liquor, beer, or wine, would need to get a temporary on-sale FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 9 intoxicating liquor license and there would be certain requirements they would have to go through. Mr. Kirk stated the second condition is if someone just wanted to have 3.2 beer, they could apply for a temporary on-sale 3.2 percent malt liquor license. Once again there would be certain requirements. Mr. Kirk stated the third condition would be if an organization may allow guests to consume malt liquor or wine at their own organizational social gathering. The fourth condition would be a private party. If a private party wants to have a wedding reception, a SOth anniversary party, something of that nature, they would have to contract with an approved licensed caterer. The City would preapprove one, maybe two or three, licensed caterers who would be allowed to serve beer and wine at Springbrook A private party could not come in and sell it on their own or they could not come in and give it to their guests on their own. They would have to work with a caterer and the caterer would have to be licensed. They would have the insurance so that liability would fall on the caterer that would be providing the beverages. The Parks and Recreation Commission addressed this at the February 5 meeting. Mr. Kirk stated staff's original recommendation regarding Springbrook Nature Center was that they would only allow the beer and wine within the interpretative building. There would be nothing outside. The Parks and Recreation Commission discussed this and the members felt they would like to see an adjacent area ne�t to the interpretive center that would also allow for guests to go outside. They did discuss fencing the area off to only provide access from inside the building, so it would basically be a connection to the building. That was written into the proposed amended ordinance and would have to be if somebody wanted to come there and wanted to that with their rental permit, they would have to give them a specially-designated area and once again, it would have to be fenced off. Mr. Kirk said staff recommends that Council approve the first reading of this ordinance. Councilmember Barnette stated they always allowed beer sales and so on at Community Park and that worked out fine. When they start including wine, he has some questions. Most wine to his knowledge is up to 12 percent alcohol. If on one hand they are limiting it to 3.2 beer and wine, why would you not be able to have 6 percent beer? If they are allowing it at weddings at Springbrook, how do they restrict that then at Community Park or some other facility. He asked about problems they may have about requiring a caterer who is a licensed liquor dispenser. Mr. Kirk said there is actually a different license that is needed to sell what they term "strong beer and wine." You have to get a temporary intoxicating liquor license. They are not recommending that. That is a totally separate license you would have to get. What they are saying is, even if somebody were to do that at Springbrook, they would have to get the intoxicating liquor license. However, they want to be more restrictive. They do not want just any type of liquor being served. They want to restrict it to beer and wine. Councilmember Barnette asked can they do that if a licensed caterer who has a liquor license comes in and wants to sell drinks. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 10 Mr. Kirk said they can be more restrictive. He thinks Mr. Knaak can probably speak to that. Councilmember Bolkcom said with respect to Commons Park, the change is being made in the ordinance because they are now going to have the `49er Days. She asked if that was the only reason why Commons Park was being included. She thinks they are doing an injustice to the community without them having any input on this. She asked if the change was not just for `49er Days but could any group--charitable, religious, or non-profit, public or private organization come into Commons, want to have a tournament there, and now se113.2 malt liquor. Mr. Kirk replied, if the City chose to do it. Councilmember Bolkcom asked would they be hard-pressed allowing one group to do it and not let another group. Mr. Kirk stated there was some discussion about that at the Parks and Recreation Commission meeting. He thinks the Commission members looked at it and felt that they did not want to single out the City's celebration. It is possible the City would have some type of a celebration and one of these clubs that met this definition would want to have beer sales as part of their celebration. It might not be Fridley `49er Days. Also, most of the soccer fields they have are on school district property. By State law liquor cannot be on school district property. Councilmember Bolkcom stated they do have one at Commons. Mr. Kirk stated, yes, there is one. He said Community Park is ideal for running fundraising tournaments, because there are six ball fields right together. Commons Park does not have that. While it is possible there could be a tournament request at Commons Park, it would be a very, very small tournament. In his opinion it would be unlikely someone would ask for it because they do not have the facilities there. Councilmember Bolkcom stated she is not sure how "club" is defined, as she belongs to a "book" club. It says, a club, charitable, religious, or non-profit, public, or private organization. Could her book club apply for a permit. Mr. Kirk replied the City has only allowed that in conjunction with an event where someone is renting the facilities from them. They had a softball tournament and a soccer tournament. He is unaware of any case ever where the City has allowed somebody to go and sell beer when there has not been an official event, such as a tournament. Councilmember Bolkcom asked if by changing this, they are allowing that. Mr. Kirk replied it is the same ordinance as they have at Community Park. He is not advocating any additional change to the wording except adding Commons Park after Community Park. Councilmember Bolkcom asked if she could hold something at the Springbrook Nature Center and get a permit for beer and wine. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 11 Mr. Kirk replied, if it is within the Springbrook building, and she is renting the facility for an event. Councilmember Bolkcom said she did not see that in the ordinance. Mr. Kirk replied it does say for receptions or social events within the Springbrook Nature Center. They cannot just come up there and take over the Nature Center for an event. They would have to rent the facility from them. Councilmember Bolkcom asked how much it cost to rent the building for one day. Mr. Kirk said if they wanted both the exhibit area and the back room, it was around $400 for a large reception area. Councilmember Bolkcom said as she reads Section C, any group could rent Springbrook and serve their own malt liquor or wine as long as they had a permit. Mr. Kirk replied, in the facility. If they wanted to add a fenced-off area, and they paid to have it put up, that could happen. Councilmember Bolkcom asked so how does she become a"C" vs. a"D"; that is, a private party in a club. Mr. Kirk replied the ordinance does state that it has to be a Fridley organization and it has to be in existence for three years. That is how it is defined in Chapters 602 and 603. Councilmember Bolkcom asked so all of the definitions of "C" are in that ordinance? Mr. Kirk replied in the City Code under the heading "Liquor and Liquor License." Councilmember Bolkcom said she knows it has happened at Community Park all the time, but it is sort of a change in that Commons Park is still a neighborhood park to her. She knows they have not had that many problems. She thinks it would make more sense to put something in allowing something to happen because it is a city-wide celebration versus opening it up to anyone. Mayor Lund stated many times there is a list of definitions in the proposed language of these ordinances. He assumes the definitions are in the other chapters that Mr. Kirk cited about what constitutes a club versus a private party. He thought it might be a question for Mr. Knaak. Mr. Kirk stated that was certainly an option. There is a possibility there could be another event that the City was involved with, for example, the SOth anniversary. As the Commission talked about this, he thinks the general feeling was they did not want to tie it into just that one event. There could be something else that would fall under that. The same as Community Park, it is not tied to softball tournaments. The reality is that is all it has been used for. That facility was also built to accommodate touch football, some soccer fields and so it is possible somebody could FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 12 come up here and say they have a four-person passing football league and maybe they want to hold a touch football tournament in the fall and wanted to have beer sales in conjunction with that. They have not had that yet but it is a possibility. It was just left open from the standpoint that there could be other events that might fit. Councilmember Bolkcom stated she is just a little confused about the Parks and Recreation Commission coming forward with this ordinance change. It seems to her the Parks and Recreation Commission is saying it makes sense to do the celebration there, but she is struggling with this. They have had things at Community Park, with no problems there, but to her Commons Park is more of a neighborhood park It is not a big community park where they have had this history there. Perhaps put in the ordinance, city-sponsored or city-wide celebrations. Mr. Kirk stated the only event they are aware of is `49er Days. He said they could narrow it down. Councilmember Varichak stated when she was on the Parks and Recreation Commission, the questions about where to hold `49er Days was brought to the commission and options were discussed. She thought that in conjunction with all of the `49er Days activities it felt okay to add the beer and wine sale there as well as at Columbia Arena. Councilmember Bolkcom stated it is her understanding it is only beer at Commons. Mr. Kirk stated it is 3.2 percent malt liquor and he believed there are some wine coolers that fall into that description. Once again he thinks the Lions have done that in the past, but it legally falls into that description. Councilmember Bolkcom stated she was just surprised it was going to be held at Commons Park, because she thought the City was concerned about issue related to the trailers parking there, the traffic, and what it was going to do some of the fields. She is not against having the activities at Commons Park She is against opening up Commons Park to liquor other than the `49er Days city-wide celebration. Once you open something up, you never know what is going to happen. Councilmember Bolkcom said at Springbrook it is more controlled, in a building and an enclosed area, so there are less issues related to that. It will be more of a planned event or group. She is a little concerned about the fenced-in area outside. She does not think the City should take on the expense to put up a fence to have activities outside. Mr. Kirk replied that was discussed at the Commission meeting, and they felt that if the City did have to put one up, it would have to be charged back to he renter. The other option is if it was with a wedding reception, the caterer would take charge of putting that up as part of their package with the private party. Councilmember Bolkcom asked if the City would have any liability if something were to happen. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 13 Mayor Lund said restricting it further is a possibility to consider. Another option is they could look at a sunset of this legislation and they could look at it a year or two from now. Mr. Kirk is correct in that it is not going to get a heavy usage because the facility is not conducive to having sufficient sales there. Many times it is for civic organizations. They donate money to the City, and they want to have a venue of some sort to raise funds. In that conte�t, he is a little more apt to say yes to something when he knows it is going to benefit our own community. Each time the `49er Days' venue has changed, there has been complaints. They have fewer and fewer sites to hold even something that significant. They are going to have to weigh those things and he thinks it is worth it. Councilmember Saefke stated he is less concerned about the ordinance than he is about `49er Days being at Commons. He is not opposed to `49er Days events being there, but he asked if the two dances would be held in the parking lot by the water filter plant. Mr. Kirk said they would be held across from the Community Center. Councilmember Saefke stated they can get a little noisy. He is sure they are going to be able to handle that sufficiently, but he is certain they are going to get some complaints. He is also concerned about parking and where everything would be set up. He asked where they would put the people. Councilmember Barnette said there is middle school parking lot, the senior high parking lot and the Community Center parking lot. None of them are huge, but he is sure that is where they will all spill out to. Councilmember Bolkcom asked if there was support to include something in the ordinance related to a city-wide celebration in Commons Park It is a neighborhood park and she does have some concerns. She said she did not what the cost was for a liquor license if you wanted to have a two-day event, and she does not have any idea how much dram insurance is. Mr. Kirk replied dram shop insurance is fairly expensive. He thought it might be around $1,500 for a one-time event. A group like the Lions Club generally has several events during the year when they sell beer. When you spread that insurance over three or four events, it is a manageable thing. In the past 15 to 20 years it has basically been the Fridley Lions Club that has come under this in terms of selling 3.2 percent malt liquor at any event. The only exception to that has been the Fridley Wrestling Boosters. They went out and got their own dram shop insurance. However, to his knowledge he does not recall any other groups who have done this. Councilmember Bolkcom asked what a neighborhood group was. Mr. Kirk stated that has been in the City's ordinance for a long time. He thinks the idea behind that was if a neighborhood block club wanted to have a National Night Out event at their local park, the City Council has the ability to give them a permit for that one event. Councilmember Bolkcom asked if the City charges them. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 14 Mr. Kirk replied he did not believe they were charged, but he does not anyone ever getting one. Most of the neighborhood block parties are done on the street, not necessarily at the park. Councilmember Bolkcom said any time you are looking at an ordinance, it is also a time to look at whether it makes sense. It might be worthwhile to look at the definition. Attorney Knaak stated the definitions unfortunately do not look at all clear. It simply says that no club shall sell beer except to members and guests in the company of inembers. Councilmember Bolkcom said it could be a club. Attorney Knaak stated the concern about setting precedent is always important. They have far more discretion in the issuance of alcohol permits than they do in just about any other area as a City Council. The amount of leeway that they have in denying a beer or intoxicating liquor license is almost total. Someone literally cannot come in and challenge them even though they have issued a virtually identical permit to someone prior. They do have an awful lot of authority in this area. It is not quite like what they are used to in zoning cases. Councilmember Saefke said with Mr. Knaak telling them that they have this tremendous leeway of issuing temporary 3.2 percent malt liquor sales licenses, he does not see why they even need to include language concerning Commons in this ordinance at all. He asked if they could grant it to the `49er Days group or to the Lions Club without it. Attorney Knaak said he believed right now there were dealing with prohibition at City parks and public places. Mr. Kirk said it is prohibited in all parks except Locke Park because that was a covenant when the land was donated and at Community Park if you fall into one of the organizations that qualify. If it was going to be allowed in Commons Park, it would have to be specified. Councilmember Bolkcom stated but they could put language in there that Attorney Knaak could come up with. Mr. Kirk stated they could put in "city-wide" or limit it to the Fridley `49er Days celebration. Mayor Lund stated it sounds like that is the direction Council wants to go. Councilmember Bolkcom said she thought they need definitions. What she is hearing from Attorney Knaak is there is no definition for club, charitable, etc. She asked if No. 4 only applies to Springbrook. Mr. Kirk replied, yes, just to Springbrook. Councilmember Bolkcom stated so it is almost two separate issues. Nos. 1-3 relate more to Community Park and Commons Park and No. 4 relates to Springbrook Before this comes back to them, she thinks there should be some definitions related to club and some of those things or the wording should be changed. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 15 Mayor Lund stated his suggestion is that they leave No.4 and include "as defined by Minn. Stat. Ch. 340A." In No. 3 there should be some wording about a city-sponsored or city-wide celebration and/or Fridley `49er Days or something like that. Councilmember Bolkcom said it is only the first reading. Mayor Lund suggested if Council make a motion about the first reading and also ask that Chapters 602 and 603 be included in their packet. In the case of the Springbrook Nature Center, if there is a permit for beer and wine in an outside area, in what cases do they require a security or person. Mr. Kirk stated in talking with Chief Abbott, a police officer is not required and he was comfortable with that as long as the restriction was beer and wine. If there was going to be hard liquor, they might need to change it. The Springbrook facility is very limiting in terms of size of a group. Councilmember Saefke asked if Locke Park belonged to the City. Mr. Kirk replied that is actually a City park that is operated and maintained by Anoka County. MOTION by Councilmember Bolkcom to approve the first reading of this ordinance with the suggested changes and to provide Council with a copy of Chapters 602 and 603 from the Fridley City Code. Seconded Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Approve Preliminary Plat Request, PS #07-01, by Gordon Sangster, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 7169 Riverview Terrace N.E. Ward 3) Scott Hickok, Community Development Director, stated the petitioner is seeking to replat the property in order to create two single-family lots. The property is on 71 '/z Way and Riverview Terrace. The existing home and attached garage was constructed in 1966, and a porch was added to the home in 1980. The existing lot is approximately 95 x 226 feet, and petitioner plans to subdivide the lot into two single-family lots, one which will accommodate the existing home, and another which will allow for the construction of a new single-family home. City Code requires that lots in the R-1 Single Family District be a minimum of 75 feet in width and a minimum lot area of 9,000 square feet. Proposed Lot 1 would be 103 feet in width and 11,200 square feet in size after the replat. Lot 2 would be 110 feet in width and 10,000 square feet in size. Mr. Hickok stated City staff has heard from three neighboring property owners who are in opposition of the proposed preliminary plat request. From discussions with them, they are in opposition to the request because they do not want to see another single-family house on the subject property. The City received a letter on January 9 from Maynard Nielsen and Michelle FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 16 Wold indicating they strongly oppose the division of the lot, stating the house would have to face a different direction than the two homes now; and they would not like to have a home put in their backyard. Michelle Wold's house would back up to the new lot. The letter was signed by Maynard Nielsen on behalf of Michelle Wold. The City also received a letter from Michelle Wold on January 11. The letters were entered into the record at the Planning Commission. Mr. Hickok stated the Planning Commission held its public hearing on January 17. The Commission heard from two neighboring property owners who were in opposition to the request. After a brief discussion, the Planning Commission agreed with the preliminary plat request in that it meets the minimum standards and, therefore, recommended approval of PS #07-01 with eight stipulations. That motion carried unanimously. Staff recommends concurrence with that Planning Commission's recommendation. Councilmember Bolkcom stated both the lots will exceed the minimum size, and there really is no reason she can see why they could not do this. Mr. Hickok said it is a large lot on a corner that not only has the land area to devote to a second lot, but has street access. As long as it meets the minimum standards in the subdivision ordinance, it can be done. Councilmember Bolkcom stated the petitioners would actually sell the lot to someone after the lot split. Mr. Hickok replied that is his understanding. Councilmember Barnette said if the Sangsters split the lot, he is assuming the home that would be built on the lot would be facing south. Mr. Hickok replied that is correct. Maynard Nielsen, 7144 Riverview Terrace, stated he wrote one of the letters. It is for his daughter's house. They were unhappy with a house being north and south between two that are east and west. Gordon Sangster, 7169 Riverview, stated they have lived in the house for the last 40 years. He said it is true, that they are moving, but they do care. They raised four kids there. It was a big lot and it worked out well. With not many R-1 lots available, he though it made sent to split the lot. They are both larger than required. MOTION by Councilmember Bolkcom to approve Plat Request, PS #07-01, by Gordon Sangster, with the following eight stipulations: 1. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 2. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 17 3. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Second Reading of an Ordinance Amending Chapters 11 and 108 of the Fridley City Code Pertaining to Fees and Open Burning; and Adopt Official Title and Summary Ordinance. Councilmember Bolkcom stated she received a telephone call from a resident who asked if the time could be changed from 1:00 a.m. to 12 midnight. William Burns, City Manager, said he did not see why it could not be 12 midnight if that is what Council wanted. Councilmember Barnette stated he would not have a problem with that. Mayor Lund stated he did not think it was a big deal either way. Attorney Knaak stated he thinks they should table this item and have the change made. MOTION by Councilmember Bolkcom to table the second reading of an Ordinance Amending Chapters 1 and 108 of the Fridley City Code Pertaining to Fires and Open Burning and also table the adoption of the Official Title and Summary Ordinance to February 26, 2007, and to change the time in the Section 12 of the ordinance from 1:00 AM to 12 Midnight. Seconded by Councilmember Varichek. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive Bids and Award Contract for the Repair of Well Nos. 5 and 10. Councilmember Saefke stated he did have a question because the bidding procedure seems to be a little different. He asked Mr. Haukaas to explain the process. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 18 Jon Haukaas, Public Works Director, stated these are open-ended but there is a certain amount of repairs they need to do on these wells each year, but they do not know the full e�tent of that until it is pulled apart. They did change how they are doing this a little bit to more reflect the bid based on things they knew were absolutely going to happen which is the best case scenario. They would hope it would be that way, they know it will not be. They will probably have more costs, but they will not know what they will be until they are pulled apart. It is just a different way of looking at the bidding process. He felt it was a safer way for the City. Councilmember Saefke asked if they looked at the alternate bids, when they looked at the base bid. Mr. Haukaas said they did look at those. As a general rule, everyone was in step with each other. Councilmember Saefke asked about Well No. 10 and the cleaning of the screen. He did not see in the base bid where televising would be appropriate. He is just wondering how they are going to be able to tell if it needs to cleaned if they cannot see it first. Mr. Haukaas said it would be part of their inspection and their evaluation as it is pulled apart. Councilmember Saefke asked why videoing was not part of the base. Mr. Haukaas said one of the things they talked about is the amount of history they have on these wells. They have not seen a lot of change and there may be an instance especially in the City's current financial situation where they might be looking for minor parts they could drop off. If they have not had changes in 30 years on something, maybe they could skip it every now and then. It was a judgment call and they put it as an alternate this time around. Councilmember Bolkcom asked what would happen if they see all these other problems that are there. She asked where the funds would come from in a worst case scenario. Mr. Haukaas replied that is why they budgeted $60,000 for this. They could basically completely rebuild this well, as a catastrophic condition, with the $60,000. In the years they have been doing this, they have never had to do that. They do a lot of preliminary maintenance annually, constant inspections and upkeeping, so they do not expect that but want to prepare for the worst, which is again the reason for the higher budget number. In his recollection, they have never hit the budgeted amount. William Burns, City Manager, stated he seemed to remember numbers like $38,000 for a total for this well repair work. He does not think it has ever been near $60,000. Mr. Haukaas stated it is not unusual to be in the $30,000 range. He knows within the last couple of years, in one instance, they may have been in the $54,000 range. That probably included throwing in emergency repair because it happened during the bidding process. He thinks it is easier to have it budgeted, be prepared for a worse case scenario, then to come back and ask for more. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 19 MOTION by Councilmember Saefke to receive the bids and award the contract for the repair of Well No 5 to E.H. Renner & Sons, Inc., and Well No. 10 to Bergerson-Caswell. Seconded by Councilmember Bolkcom UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Approve Contract Amendment for the 85t'' Avenue Trail Design Project. Councilmember Bolkcom said staff indicated that no direct City funds will be need to be expended on this project. She said the City had already spent $78,000 and asked if they had been paid for that. Jon Haukaas, Public Works Director, replied he has submitted a request for reimbursement of the $78,000 just recently. They have had the discussions with State Aid staff, and it is an approved expenditure. The federal funds have been allocated and earmarked for us. It cannot be taken back at this point. Councilmember Bolkcom asked if he had any idea when this might happen. Mr. Haukaas replied as it is slated right now, they expect to begin construction this fall. William Burns, City Manager, stated this project only takes them from University Avenue down to Springbrook Nature Center, he believed. It does not take the bikeway all the way to East River Road, and that will become a project when the County decides to reconstruct g5tn Avenue. Mr. Haukaas replied that is one of the options. Coon Rapids could take it on themselves to work with the County to put in a trail. The state representative from Coon Rapids is pushing to get some of this surplus money and put something into the bonding bill to pay for a trail. There are some difficulties involved in this. Because it is a County controlled right-of-way, they have a say in how it gets designed. They have held the position that when 85th gets rebuilt and widened, it will be the local city's responsibility to relocate that trail. So if the County came in and said we are rebuilding 85th ne�t year, the City would be paying for this a second time which is why the City of Fridley chose to do it outside of the County right-of-way. This is why we are going through the City-controlled Nature Center. The City also obtained easements from Slumberland and Wal-Mart. It was the safer route to go. The process actually began in 2001 when he made his original TEA21 application, so it is kind of nice to finally see something happen with it. Councilmember Barnette stated he received a telephone call from one of the County Commissioners about this. The commissioner was asking him questions with regard to the trail beyond the railroad tracks and into the Coon Rapids city area, and he replied he did not know. The commissioner was concerned about any kind of design because of the berms there. The commissioner asked if the City of Coon Rapids had made any decisions on this. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 20 Mr. Haukaas said this grant application is for the Fridley portion from University Avenue across the railroad tracks which actually does go into Coon Rapids but his thought was that the railroad crossing was the most important safety feature of this whole trail and, therefore, he included it in this application to get it done now. Our portion of the trail is almost 4,300 feet; and the remaining section is about 1,400 feet (about a third of the line). As he said in his e-mail to their state representative, there needs to be some kind of decision on where it is going to be, just a preliminary study, before they could put together cost estimates. They need to know what they are going to do before they can tell them how much it is going to cost. Councilmember Bolkcom said it is really needed there and it is unfortunate that only part of it is going to be built. Mr. Haukaas stated the reasoning for the costs is because of the wetlands involved in the Springbrook complex, and it has to be a very low impact design. Several sections of the trail will be elevated. They will actually go right over the wetlands and add additional viewing for the Springbrook area. It will be a wood construction walkway that is capable of supporting a pickup truck for maintenance. A paved trail could be done for about $30 per foot. This elevated trail is close to $500 a foot. Mayor Lund said he thought Coon Rapids was ready to go with this project and it was the County that was the holdup. He asked if there were plans in the foreseeable future for the County to improve 85th under the County's jurisdiction and relocate the walkway. Mr. Haukaas said the City of Fridley's portion is not on County property. It is on City property or city-obtained easements. The 85th Avenue reconstruction is not currently in the County's 20- year plan. That does not mean it cannot change. So we do not know what their ultimate buildout is going to be. They are not going to expend time or funds on doing a preliminary design until it is at the point where they need to. That has really been the holdup on the whole issue. They do not know when and what they are going to finally build. He said when he originally started this project in 2001, he did have some discussions with Coon Rapids. They do have a sidewalk capital improvement program and funds set aside to do trails and sidewalks throughout their city. They could do this project, again, if they knew where they could build it, but right now, they have no plans to do it until some catalyst or some future decision is made. MOTION by Councilmember Bolkcom to approve the contract amendment for the 85th Avenue Trail Design Project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports Councilmember Bolkcom said the 9th Annual Home and Garden Show will be held on February 24, 2007, at the Schwan Center in Blaine. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 21 Julie Jones, Planning Manager, gave a video presentation regarding neighborhood planning meetings for updating the City's Comprehensive Plan. There will be two series of ineetings: the first will be on Monday, March 19, at 7 p.m. The meetings will be held at Stephenson Elementary School in the gymnasium, the Fridley Community Center in Room 109 (the media center room), and Totino-Grace High School in their library conference center. If that date does not work, they will also be having neighborhood planning meetings on Monday, April 2, at 7 p.m. The locations will be Stephenson Elementary School in the gymnasium, the Fridley Community Center in Room 109, and North Park Elementary School in the gymnasium. They would also like to give presentations at community groups that meeting in Fridley. They would be happy to do a 10 to 15 minute presentation about the Comprehensive Plan. If anyone is interested, they could contact her. Councilmember Barnette announced on February 20, the senior citizens have their annual Mardi Gras event. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:42 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor