Loading...
04/27/2009 - 4536� � �ffY �F FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. CONTINUATION OF LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING — 7:00 P.M. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization Meeting of April 13, 2009 NEW BUSINESS: 1. Claims 2. Licenses ........................................................................................................... 1 ............................................................................................................. 2 - 7 FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 2 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. NEW BUSINESS: 1. First Reading of an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Vehicle Parking (Text Amendment, TA #09-01, by the City of Fridley) ......................................................................... 8- 15 2. Consideration of Intoxicating Liquor License Issued to William J. Bisek of JWBB, Inc., d/b/a Baggan's Pub, Located at 3720 East River Road (Ward 3) ..................................................................................... 16 3. Resolution Terminating Agreement with Visit Minneapolis North Effective December 31, 2009, by Exercising Early OptOut Option ...................................................................................................... 17 - 18 4. Informal Status Report ............................................................................................. 19 ADJOURN. BOARD OF APPEAL AND EQUALIZATION MEETING CITY OF FRIDLEY APRIL 13, 2009 The Board of Appeal and Equalization meeting for the City of Fridley was called to order by Mayor Lund at 7:02 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 Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Don Abbott, Director of Public Safety Richard Pribyl, Finance Director Mary Smith, City Assessor Lynn Krachmer, City Appraiser Fritz Knaak, City Attorney LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING — 7:00 P.M. Mary Smith, City Assessor, stated the meeting is held in accordance with Minn. Stat. § 274.01. The purpose of the Board is to establish a consistent appeal procedure for property owners who want to appeal the 2009 estimated market value or classification of their property. Only appeals for this current year's valuation or classification may be heard. As the Board, the City Council has the ability to change values or classification in accordance with State law. The Board has three possible courses of action that can be taken on each case. They are as follows: to affirm, reduce, or increase the current value based on information presented. If upon reaching a decision, the property owner feels that the Board did not resolve their concerns, they may bring their case to the Anoka County Board of Appeal and Equalization which will be held on June 15. Ms. Smith stated according to Minnesota State Statutes, the Board is to have a majority of the Council members be in attendance to have a quorum. There must be at least one member at each meeting of a local board who has attended an appeals and equalization course developed or approved by the Commissioner of Revenue within the last four years. The Board shall see that all taxable property is properly classified and valued. If property is omitted from the tax rolls, it BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 2 may be added by the Board. The Board cannot give a class of property an increase or a decrease. They may only increase or decrease individual properties. The Board must hear cases for the current assessment year only. If the Board makes reductions to individual properties, the amount of the reduction cannot exceed 1 percent of the City-wide aggregate assessment. If the Board finds a case of undervaluation, it may raise the valuation of the property, but it must first notify the owner. The Board must complete and adjourn within 20 days from the time it convened. The procedures for the Board of Appeal and Equalization will be to hear the property owners' concerns and accept any information that appellant may have in regards to their value. The Board may then direct staff to reappraise the property and report back to them at a reconvened meeting. Written appeals will be read once the property owners who are present have completed their appeal. Once read, the Board may confirm the 2009 estimated market value allowing the property owner to take the appeal to the County Board. Ms. Smith stated the 2008 reassessment consisted of viewing 1,800 properties. These properties were located in the southeast section of the City. Each of these properties was initially visited. If the owner was not home, a tag was left asking them to call and set up an appointment. If there was no response, values were estimated assuming some improvements had been made since our last reassessment. In order for these property owners to appeal their value, they will need to have staff physically review their homes. Ms. Smith stated there were 160 residential sales that occurred in Fridley from October 1, 2007, through September 30, 2008. This number consisted of single-family homes, townhomes, double bungalows, and condominium sales. The dates of October 1, 2007, through September 30, 2008, are important as they are the dates established by the State for our sales ratio study. The State's required sales ratio needs to be between 90 and 105 percent. These ratios are determined by taking the estimated market value and dividing it by the sales price. To bring the assessment within the State's recommended range, there were reductions in structure value from 8 to 11 percent depending on the style for single-family properties and 15 percent for townhomes, double bungalows, and condominiums. Along with this, most land zones saw a decrease in value of approximately 9 percent. These reductions brought the assessment within the State's range. The adjusted overall ratio for Fridley is 94.4 percent. These changes resulted in an overall decrease in residential value of 8 percent. Ms. Smith stated, regarding the commercial and industrial, a study of fair sales indicated that our sales ratio was within the recommended range by the State. The maj ority of commercial/industrial properties remained the same or experienced a slight decrease in value. Land values remained the same. This resulted in an overall decrease in value of 1.4 percent. Ms. Smith stated as a result of apartment sales within Anoka County, decreases were made to the apartment rate. Overall this created a decrease in value of 2.8 percent. 1. Dave Morrissette: 1313 — 73rd Avenue NE (actually 1313 and 1323 but 1313 is only shown on the tax record); two four-unit buildings, 106 — 77th Way NE and 7673 East River Road BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 3 Mr. Morrissette stated he is a small investor. He owns about ten buildings in three different counties. Three of them are in Fridley. He is contesting the tax value on all three. He has been through a lot of buildings in the last two years and is pretty aware of the sales and what they are priced at. One of the buildings he bought in December 2007 (right when the market was starting to go down) is a duplex on 73rd Avenue. It was a foreclosure. The first address is: 1313 — 73ra Avenue NE (actually 1313 and 1323; but 1313 is only shown on the tax record); the other two are two four-unit buildings, one address is 106 — 77th Way NE and one is 7673 East River Road. The one building he wants to talk about more than any is the one he bought in December 2007. He paid $224,900 for it. It was a foreclosure property. He brought it up to the assessors last year. He did not contest it because they said it was kind of late in the year. They go through September, and it was a foreclosure. Over the last year in 2008, he has looked at numerous properties. The values went down anywhere from 25 to 35 percent over the last year for these type of buildings. In his opinion, the two to four unit buildings have been hit harder, because they were over assessed, and people paid too much for them for years. Mayor Lund asked when he said there has been a 25 to 35 percent decrease, is that in the sales price devaluation? Mr. Morrissette replied that is in the sales. Mayor Lund asked if he had seen the tax statements. Mr. Morrissette said he has not. Mayor Lund said these are unusual times, and rarely is anybody paying fair value. Foreclosures are being sold at a substantial discount from banks. Mr. Morrissette said one of the things city assessors have told him is that you cannot use foreclosure sales. He does not think the State Statute exactly says you cannot use foreclosure sales. It says you cannot use forced sales. When he looked through it he does not see a definition of forced sales in the law. He said the assessed value for the duplex is $226,100. It is assessed more now than when he bought it in December 2007. He could not get that kind of money for a building like that. Mayor Lund stated he guessed he needed a little bit clearer understanding. He asked if staff had been to the property during the past year to inspect it. Ms. Smith replied, no. Mayor Lund asked staff that is not in your cycle right now? Ms. Smith replied, correct. Lynn Krachmer, Appraiser, replied, this summer. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 4 Mayor Lund stated he is going to ask the parties to discuss the valuations and see if some adjustments need to be made. He thinks they are going to stick with what they perceive to be fair based on the criteria typically used. One of the items used in an assessment valuation is what was it sold for in a buyer-seller purchase. Also, what do you use for income? The easiest way to determine these valuations is an appraisal, but he knows that costs money, too. Mr. Morrissette said appraisals are tough. It is tough to finance the buildings. Mayor Lund said Mr. Morrissette bought the property in 2007 and he said the valuation is now higher than when he bought it. He asked about the valuations. Mr. Krachmer, City Appraiser, said Fridley does not have any good duplex sales. There were about five foreclosed sales, one which was Mr. Morrissette's. Mayor Lund stated when valuations were going up, you were benefiting because of the delay from when they actually placed a valuation on the duplex until the time you are paying for it. There is like an 18-month delay. Mr. Morrissette may see a devaluation in next year's statement. That is something that needs to be looked at. Mr. Krachmer replied duplexes have dropped in value about $40,000 to $50,000 in the last two years. He said he did have the values of the sales for the foreclosed duplexes. One sold for $295,000; one sold for $220,000 and Mr. Morrissette's sold for $224,000. Those are foreclosed sales which they do not use in the study. They had to go countywide for sales of duplexes. Ms. Smith stated they will give Mr. Morrissette a call and set up a time when they can go view his properties. Councilmember Bolkcom asked about the process for the meeting. She knows they are going to listen to everyone tonight and get back to them. Mr. Krachmer stated they need time to analyze the cases. Councilmember Bolkcom said this is different because in the past they have come forward and staff has come back to the meeting and said, we have reviewed the case and you either need to confirm or not confirm. So we still have to do something with all the appraisals on the 27tn Richard D. Pribyl, Finance Director, said staff will be coming back on the 27th with their recommendations to the Board. Mayor Lund stated we will still need to formalize it. Mr. Pribyl stated the City Assessor will actually recommend to the Board affirming the value or taking some action. So the City Assessor will have some recommendation of action on everybody who is here this evening. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 5 Mayor Lund said if anyone is not happy with the results after talking to staff, they need to be present for the next meeting. Otherwise, Council will affirm staff's recommendation. Councilmember Bolkcom stated unless they say it is different. They could come back and still say something different. 2. Leonard Kos, 5468 Altura Road NE. Mr. Kos stated the property is located just south of I-694 and a little bit west of University. You could label it a freeway property. He looked at the assessed valuations that have been assigned from the period 2005 to the present, and there is a steady escalation regardless of what the market shows. Mr. Kos asked why the increasing escalation and was told that it was because a fireplace was discovered in the home. Mr. Kos said this has been of record for a long time. The appraiser stated the City had no record of the fireplace installation. Mr. Kos called the building inspector who confirmed, yes, a permit was pulled in 1987. It was subsequently inspected after the installation. Likewise, assessors have come through the property since then. The fireplace is a small, "zero tolerance" fireplace, 13-inches in depth and about 2 feet wide. It was converted to gas. The inspector came out and checked it out. He was not trying to hide the fireplace. It has been there and it really should not be re-taxed as such. It is not a big issue, but nonetheless the fairness doctrine does apply. Mr. Kos stated, secondly, he categorized all the properties on Altura Road as freeway or near- freeway properties. They are a little different in scope and in fact the market value is a little bit testier than typical residential properties which are immune to this noise and pollution. There are roughly 32 houses in the Altura Road area. Half of them went up in value and half of them went down. He guessed it points to the fact that maybe you have different criteria for assessing what market conditions are. He gave a few examples of the assessed values: The assessed value for 5455 Altura was around $118,000. Two doors down there is a story and one-half with a double attached garage. The value for that was pushing $226,000. He said there is a difference in value. He guessed he would re-examine. Especially viewing the fact that these are freeway properties. Councilmember Bolkcom asked how much his value went up from last year. Mr. Kos replied, from he thinks $157,000 in 2004 to around $185,000. In 2008 it went to $186,000. Mr. Krachmer asked what the valuation for his property is in 2009. Mr. Kos replied in 2009, he got some relief, $174,900. Mayor Lund stated it sounds like it is catching up now. There is always a lag. He asked what the last valuation was. Mr. Kos replied, $174,900. Mayor Lund asked what it was the year before. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 6 Mr. Kos replied, $186,000. Mayor Lund stated so it went down $11,000 to $12,000. Mr. Kos replied, not quite $12,000; but he thought it was still about $5,000 over-valued. Mayor Lund stated to it may be true that the fireplace was not previously caught. He asked how long it had been there. Mr. Kos replied, 21 years. Mayor Lund asked if it was customary when building permits are pulled that the assessor's office gets notification. Ms. Smith replied, yes, they do get a copy. Mayor Lund stated and the box for the fireplace was never checked off for that property? Mr. Krachmer stated it must have been overlooked for years. The last time he went through the house, he happened to be in the living room and noticed and said it would need to be put on. It was never on before. Mr. Kos stated maybe in the judgment of previous assessors they thought there was little incremental value with it. Mayor Lund stated he would be interested in how much the valuation goes up. It seems it would be very little. Mr. Kos stated it is a matter of principle for somebody now to tell him after 21 years he is now being taxed for incremental value. He would like them to look at what actually exists and say, we are not here to recapture events 21 years of age. Mr. Krachmer stated this fireplace was not taxed for 21 years. So, actually he was getting a break for 21 years. Mayor Lund said staff would contact Mr. Kos. Mr. Kos said they have been through that. He came out and looked at it. Oddly enough there is a stack on the front of the house. Mayor Lund stated he is going to see if they are going to reassess it or if they will stay at where they are at and then we will discuss it at the next meeting. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 7 William Burns, City Manager, said he looks at the North Metro Realtors sales values quite often. His recollection is he did not see values in Fridley start to fall precipitously until about September 2007. Mr. Krachmer replied, from what he read, the market peaked July 2006. Dr. Burns replied, he did not see a sharp decline until that point in time so he thinks it would be reasonable to expect those values to continue to decline up until very, very recently. Ms. Smith replied, yes, because you have to keep in mind that the 2008 value was based on sales from 2006 to 2007. 3. Irwin Reynolds, 530 Ely Street NE. Mr. Reynolds stated he is at the meeting to dispute his property tax value. He has several different copies of recent valuations of the property and also from 2007-2008 which is supposed to be the valuation of his assessed value payable for 2010. He also has the properties that sold in 2007 to 2008 and what they sold for. Mayor Lund asked if he was talking about the comparables. Mr. Reynolds replied, yes. Mayor Lund asked where he got the comparables. Mr. Reynolds replied he used the foundation size and square footage and went online. He said in one month from February to March, the value dropped $2,970. Mayor Lund said he took the foundation size and took it to an on-line service. He is talking about valuations that dropped precipitously in what time period? Mr. Reynolds replied, when you go to Cyberhomes.com, you type in the address you are questioning about, and then they bring up a satellite picture of your home and what it is valued at. Mayor Lund stated, okay, and it dropped in what period of time? Mr. Reynolds replied, in one month from February to March of this year, it dropped $2,970. They give you a chart as to what your home value was for the duration period that we are talking of, 2007 to 2008, and the chart shows it is clearly below what they have for assessed value. Mayor Lund asked what the assessed value is. Mr. Reynolds replied they show an assessed value of $202,100. It is nowhere close to that. Mayor Lund asked what he would sell his house for. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 8 Mr. Reynolds replied, it is not what he would sell it for. It is what he can get for it. Mayor Lund asked what he thought was a reasonable price to sell his house. Mr. Reynolds replied, when he called the assessors, they said he cannot go by foreclosures or short sales. There are homes on his block within five houses away. One just sold recently for $139,900. Another one, the assessment taxes on it was $1,989. It sold for $110,000. Those homes are on his street. Now, he is going to say he wants $202,000 for his? It is not going to sell, because they buying all these other homes which he has printouts of their property values, for more square footage than what he has, selling for a lot less money. Mayor Lund asked if the house that sold for $110,000 was a foreclosed house. Mr. Reynolds replied, no, and it was not a short sale. Neither was the one that sold for $139,900. Mayor Lund asked Mr. Reynolds to share the information with the City Assessor, and asked staff to contact Mr. Reynolds. He asked Mr. Reynolds to give staff a little time to review the materials. If Mr. Reynolds is in disagreement with them, he needs to come back on Apri127. Councilmember Bolkcom asked Mr. Reynolds what the value of his home was right now on Cyberhomes.com. Mr. Reynolds replied, it is $159,489. His neighbor is a realtor, that is why he knows what the homes sold for 2007-2008. 4. Norma Rust, 360- 57th Avenue NE. Ms. Rust stated they purchased a dwelling at 360 — 57th Avenue, and she looked at the total valuation on that which was $234,300. The building itself was valued at $181,000 so that comes out to 77 percent of the total valuation. The structure is 1,729 square feet. She looked at other homes that sold in the very near proximity. On those, the ratio on the total valuation to the value of the building, the buildings were valued in the 63-66 percent. She does not know why this particular building that they bought is valued at 77 percent of the total valuation. When she ran the figures using the percentage on the square footage, the per square foot valuation taxable on those other properties ranged anywhere from about $51 up to $92 per square foot. Taking into account that land is always going to be land, it is always going to have the same value. She thinks that the taxation on her property is high based on the 77 percent figure. She thinks the total valuation should be going down to $208,900, leaving the land value as it was at $53,300 but changing the value on the building to $155,600 which drops it down to the 62-66 percent ratio for the total valuation. Mayor Lund asked the staff to look at those figures. They will get in touch with Ms. Rust. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 9 5. Ralph and Gloria Swanson, 511 — Ely Street NE. Mr. Swanson stated he is here to protest his assessment. He is a neighbor of Mr. Reynolds. He has some of the same information. Their house on Cyberhomes.com is valued at $156,247. It has 1,028 square feet and is next door to the house that sold for $110,000 within the last couple months. Up the block, about five houses, is another house that sold for $136,140 which is approximately the same size. It is a much newer home and very well kept up. He got the information from a realtor. Most of them had more square footage than his, and are probably up around $135,000 to $140,000 on just an overall average. Councilmember Bolkcom asked what the assessed value of his home was. Mr. Swanson replied, $194,900. Mayor Lund stated he will share that information with staff to review. He asked if the list of sales was short sales, foreclosed sales or depressed sales. Mr. Swanson replied, he got the information from a realtor, and he said they were not short sales. Mayor Lund asked if he has addresses or property identification numbers for those properties. Mr. Swanson said he had the addresses. Mayor Lund stated staff will be contacting him and asked that he share that information with them. If he is unhappy with what they finally come up with, then he will need to come back on the April 27, and the Board will make the final determination. If he is still unhappy with the determination, that allows him to go to the County Board of Appeal and Equalization. Mr. Krachmer stated to Mr. Swanson that they will be contacting him to set up an appointment to come out and review his property. Dr. Burns stated in response to Councilmember Bolkcom's question about what we attribute the value to, it would be a lot clearer as they talk to other people if they would start by telling us what the value is that we ascribed to the property and then proceed to describe the value and why they think it is different. 6. Spencer and Gay Minear, 1291 Gardena Avenue. Ms. Minear stated they live in the Moore Lake Hills area and she thought only four houses sold in the timeframe they are talking about. She did not think there were any short sales. They sold from $144,000 to $180,000. The $180,000 home was bought by the County. Mayor Lund asked what their property was valued at now. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 10 Ms. Minear said they had two properties. She is not contesting the land but they come together. That is $190,700. She is looking in her neighborhood, and there is nothing comparable to their size selling for anywhere close to that. She definitely feels their property has been hanging up there when the whole neighborhood has been sliding. Mayor Lund asked Ms. Minear to share what she had with staff and meet with them. Mr. Krachmer stated Ms. Minear said their neighborhood is small. He said the there are 1 to 9 zones in Fridley, and this is a mass appraisal system. If, for example, she lived in Zone 3, they would look at all sales throughout Fridley that are zoned as a 3. There could have been 20 sales in zone 3 that they used. Ms. Minear stated she did include others. She concentrated on Moore Lake and put that in the first section, others in the neighborhood, and then tried to pick up comparables in Fridley at large but it is hard to know exactly what is a 3-bedroom, 1-bath rambler. Mayor Lund said he thought staff would be able to help her. Mr. Krachmer stated he can send out the sales information they used for their study in that zone. Mr. Minear stated all those figures are from the appropriate timeframe and the sale prices are down much lower past that timeframe. So next year we will be back unless it has gone down further. Ms. Minear stated regarding the $180,000 home, that was early in that timeframe and they tended to drift even lower in that timeframe. Mr. Minear stated the home that sold for $180,000 which is the only one that comes close to the assessed value of their home in their neighborhood was a purchase by the County to put a group home into that neighborhood, and they paid a premium to get it in there. Mr. Krachmer stated usually they do not count government sales. 7. Gene Rafferty, American Legion, 7365 Central Avenue N.E. Mr. Rafferty stated he is a member of the executive committee of the Fridley American Legion Post No. 303. He is here to appeal the valuation of PIN No. 12-30-24-13-00-84, Lot 2, Block 1, Walnut Addition, subject to easement of record. The address is 1360 Onondaga Street which is the parking lot behind the Fridley American Legion at 7365 Central Avenue NE. Mayor Lund confirmed they are contesting the valuation of the parking lot and not the building. Mr. Rafferty replied correct. Malcolm Watson who has many years experience in appraising was to be their spokesman tonight; however, he is unavailable because he had knee replacement BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 11 surgery. He has written a short letter stating their case. Mr. Rafferty appeared tonight to reserve their right of appeal to the County. He asked that the Board to affirm the value. Mayor Lund stated they do not have to do that yet. The County Board meets on June 15. They may be able to take care of it. He said with Mr. Watson being the spokesperson for the American Legion's dispute, and Mr. Rafferty representing them tonight, are they okay with that? If they want the County to handle it, that is fine. Mr. Rafferty said he is operating on Mr. Watson's advice. Mayor Lund stated he is going to have staff look at the American Legion parking lot assessed value. On April 27, the Board will make their final recommendation and the American Legion can take it to the next level if that is what they want to do. Mr. Rafferty replied he does not think they have any choice. Councilmember Barnette stated they were told the property is in a commercial/industrial category. He asked if that had changed. Mary Smith, City Assessor, replied no, it has been in the commercial/industrial category; however, there is a new classification that was available to charitable organizations beginning last year. The last date to file is May 1 of every single year. They did file it for taxes payable this year on the parcel where the building sits. They will need to file that same application for taxes payable next year, and then it will be classified at that 4C3ii classification. The classification is commercial/industrial; however, they have the opportunity to change that every single year but it is after these valuation notices come out. Mayor Lund asked when they do the annual paperwork, does that mean that the valuation will go down. Ms. Smith the value will not go down, but the classification rate of 4C3ii is less than commercial/industrial rate. Mayor Lund asked so the valuation does not go down but they end up paying less property tax. Ms. Smith replied, correct. Councilmember Bolkcom asked Mr. Rafferty what was the valuation last year on their tax statement? Mr. Rafferty replied, the valuation last year was $32,500 and was raised for payable in 2009 at $73,100 which is approximately an 18 percent increase. Ms. Smith stated these last two years it has been set at $73,100. The 2008 value was at $73,100; the 2009 value is at $73,100. It is the same. She increased the land value during the year of 2007 on all commercial/industrial properties to bring them up to where she felt they should be. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 13, 2009 PAGE 12 That was the reason for the huge increase from $32,500 to $73,100 from 2007 to 2008. The 2008 value and the 2009 value are at $73,100. Mayor Lund informed Mr. Rafferty staff will be in touch with him or Mr. Watson. MOTION by Councilmember Bolkcom to receive the following: 1. Letter from Malcolm Watson regarding American Legion parking lot valuation. 2. Information from Spencer and Gay Minear regarding sales in their neighborhood. 3. Income and expense statement from David Morrissette. 4. Information from Norma Rust on sales or valuations of other double bungalow properties. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION to continue the Board of Appeal and Equalization meeting until April 27, 2009. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:50 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � AGENDA ITEM � COUNCIL MEETING OF APRIL 27, 2009 � �F CLAI MS FRIDLEY CLAIMS 14136� - 141511 � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 27, 2009 ��F LICENSES FRIDLEY TYPE OF LICENSE APPLICANT ' APPR4VEI7 BY: Lawful Gamblin Permit Fridle Lion's Club Cit Clerk Fridle 49'er Da s Public Safet Peddlers/Solicitors License Walter's Recycling & Refuse Public Safety Brandon Lebens Robert Notermann Pawn Sho Cash N Pawn of Minnesota Public Safe Gre or Daniel Pawn Sho Mana erial Cash N Pawn of Minnesota Public Safe James D. Thomas Pawn Sho Pawn America Public Safety Bradle Rixmann Pawn Sho Mana erial Pawn America Public Safet Adrienne Lee Oxle Used Motor Vehicles Auto's On Line Public Safet Harold Eiss Community Development Tobacco License Fridle Li uor #2 Public Safet Fridle Li uor #3 Fire K le Birkholz Communit Develo ment Livestock Permit And Zhen Code Enforcement Buildin Ins ections Hotel / Motel License Bud et Host Inn Public Safet Div esh Bhakta Fire Etal Rekha Communit Develo ement TYPE OF LICENSE APPI;ICANT ' APPR(��1ED BY: Auto Bod Re air Abra Auto Bod & Glass Public Safet Duane A. Rouse Fire Community Development Auto Body Shop of Mpls dba Public Safety Auto Bod Sho Fire Mike Morris Communit Develo ment J. Peterson, Inc. dba Public Safet Ci Collision & Glass Fire Jerem J. Peterson Communit Develo ment Newman Automotive, LLC Public Safet dba Fridle Auto Bod Fire Yolanda Newman Communit Develo ment Grand Central Auto Public Safet Michael Roberts Fire Communit Develo ment Riverside Services Inc. dba Public Safet MAACO Collision Re air & Fire Paintin Communit Develo ment Randall P. Olcnefske Junk Yard License Co art of Connecticut, Inc. Public Safet Co art Auto Auctions Fire Paul A. S er Communit Develo ment A ABCO Fridle Auto Parts Public Safet Derek L. Halu tzok Fire Communit Develo ment Sam's Auto Parts Public Safet Barr T. Hoosline Fire Communit Develo ment Junk Yard License Central Auto Parts Jerr A. Halu tzok TYPE OF LICENSE APPLICANT APPR4VEI7 BY: Food and Tobacco C V S Public Safety Ruth Paredes Fire Communit Develo ment Wal-Mart Store #1952 Public Safet Lori Cottrell Fire Communit Develo ment Tree Removal As lund Tree Service Public Safet Scott Baile Public Works Bartlett Tree Ex erts Public Safet Chris Romer Public Works Le ac Tree Care Public Safet John M. Wilson Public Works Northeast Tree, Inc. Public Safet L nn K. Wells Public Works Precision Landscape & Tree, Public Safety Inc Christine Groholski Public Works Arbour Desi n Tree Service Public Safet Donald Lawrence Public Works Drobnick's Tree Service Public Safet John Drobnick Public Works Refuse Hauler, Garba e Trucks Boone Trucking, Inc. Public Safety Jose h T. Boon Public Works Keith Kru enn & Sons Public Safet Keith Kru enn Public Works Waste Mana ement of MN Public Safet Forrest P. Sartell Public Works WTI-Waste Technolo Public Safet David Ha es Public Works TYPE OF LICENSE APPLICANT APPR4VEI7 BY: Massa e Thera Colleen Roskowiak Public Safet at Life Time Fitness Brid et Wickstrom Public Safet At Life Balance Thera eutic Kelli Ann Portratz Public Safet Salon Amore Teresa Kaus Public Safet Wells rin Chiro ractic Sarah E. Gibson Public Safet Lifetime Fitness Mona Jean Wi en Public Safet 7091 Hwy #65 Suite 101 Food Establishments Buffets Inc., dba Public Safe Old Count Buffet #2 Fire Gre or T'osvold Communit Develo ment Bur er Kin #13091 Public Safet 289 57t Ave Fire Wend Mathisen Communit Develo ment Colle e Town Pizza, Inc Public Safet dba Domino's Pizza Fire 7510 Universit Communit Develo ment William B Graves Pa a Mur h's Public Safet 201 57t Ave NE Fire Steven Oh Communit Develo ment Food Establishments Perkin's & Marie Callender's Public Safet Perkin's Restaurant Fire 7520 Universit Ave NE Communit Develo ment Ra No er TYPE OF LICENSE APPLICANT APPR4VEI7 BY: Food Establishments Cont. Rick 's Embers America Public Safet Joseph Rickenbach Fire Community Development Rinconcito Latino Restaurant Public Safet Maria E. Baires Fire Community Development Quizno's Subs Public Safet Hei Pho Fire Communit Develo ment Won 's Gourmet Public Safet Lisa Chen Fire Communit Develo ment � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 27, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B As halt Drivewa Co Blackto Rochelle Chorltan Ron Julkowski, CBO Bursch Brothers Inc Excavatin Kevin Bursch Ron Julkowski, CBO Gilbert Mechanical Contractors Heatin John Gorman Ron Julkowski, CBO Gilbert Mechanical Contractors Gas John Gorman Ron Julkowski, CBO Klamm Mechanical Gas Karen Elander Ron Julkowski, CBO Kraus Anderson Commercial or S ecialt Jerold Dreis Ron Julkowski, CBO LBP Mechanical Inc Heatin Timoth Ha es Ron Julkowski, CBO Lund Martin Construction Commercial or S ecialt R an Kuznia Ron Julkowski, CBO Newmech Com anies Heatin Pamela Johnson Ron Julkowski, CBO Commercial or S ecialt Pamela Johnson Ron Julkowski, CBO Veo Si ns Si n Erector Orlad Vi hakeo Ron Julkowski, CBO Tim's Qualit Plumbin Inc Gas Timoth Lindholm Ron Julkowski, CBO Yale Mechanical Heatin Jennifer Martindale Ron Julkowski, CBO Yale Mechanical Gas Jennifer Martindale Ron Julkowski, CBO � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 27, 2009 Apri123, 2009 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager First Reading of an Ordinance to Amend Section 506 of City Code, Regarding Vehicle Parking: TA# 09-01 Background A 2008 code enforcement case has prompted staff to desire an amendment to Chapter 506 of City Code. This is the section of code that addresses the parking limitations for large vehicles. The case was an illegal home occupation case, where a renter was running a trucking business out of a single family home along Main Street. The case was ultimately resolved in court. The reason why the case could not be resolved by simply tagging the trucks was that the trucker was parking his rigs on the "industrial" side of the Main Street. The case caused staff to realize the unclear language in Chapter 506. While studying the code, staff concluded that large commercial vehicle parking should be prohibited on all public streets for public safety reasons. Staff could cite many incidences where public safety was being compromised by large vehicles parking in commercial and industrial areas. Upon further discussion, staff realized that each summer, we also get complaints about large motor homes parked on residential streets. Like semi-trucks, these large vehicles often create dangerous conditions for pedestrians. During the April 13 City Council public hearing on this text amendment, concerns were raised about the definitions used and the parking limitation on motor homes. In regards to the definitions, staff has concluded that the definitions proposed are best for the purposes of this section of code. A secondary memo is attached to address the concern that the definitions proposed are different than other sections of code. As stated at the public hearing, the definitions ofMotor Vehicle and Vehicle were copied from State Statute. The motor home definition was modified from State Statute because the State Statute definition was unnecessarily lengthy and did not work for the Police Department from an enforcement perspective. Staff has modified Section 506.13 of the proposed code language attached regarding motor home and travel trailer parking. Council was concerned about the discretion staff had in the current code language determining the amount of time allowed for loading and unloading. While staff feels that this new language will be challenging to monitor and enforce, we find it to be a fair compromise that allows travelers time to prepare for trips, while minimizing the time these large vehicles limit visibility on public streets. Recommendation Staff recommends that the City Council conduct the first reading on the attached ordinance for text amendment TA# 09-01 at the Apri127 City Council meeting. If Council is satisfied with the proposed changes, the item can be brought back for second reading on May 4, 2009. � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 27, 2009 C1TY flF FRIaLE'f Date: April 23, 2009 To: William W. Burns, City Manager From: Scott J. Hickok, Community Development Director Subject: Responses to comments by Pam Reynolds Regarding 506 Euclid v Fithzum Nearly 50 years to the day of the famed, Euclid v. Ambler Realty victorious case decision, the City of Euclid, Ohio lost a different, less substantial zoning case regarding Motor Homes in Euclid V. Fizthum (identified by Ms. Reynolds). The 1926 Euclid v. Ambler case is used today as a foundational basis for local jurisdictions to zone property. In that case, Euclid stood its ground against Ambler Realty who wanted to develop outside of what their zoning would allow and aligning with what they saw as the outward expansion of Cleveland. In that case Euclid prevailed. They weren't so fortunate in their attempts to regulate RVs on residential property 50 years later however. There was a clear distinction in their own application of zoning powers, which led to their lack of success in the Fitzhum case. The nexus between RV parking on residential sites and Health, Safety, welfare or morals was not evident and they were not able to articulate the connection. Their case was therefore viewed as purely aesthetic in nature and the ordinances constitutionality was challenged. The Fithzum case was not supported by the courts, but is clearly different than the City of Fridley's proposal to modify Code Section 506. The difference is that there is a rational nexus between that being required by the ordinance and factors of health, safety and welfare. Distinct differences include: Fithzum didn't allow the open parking of RV's on the property of the owner; Fridley allows RV's on residential properties. Fithzum's ordinance only allowed RV's that are kept inside of a building; Fridley does not require parking inside of a building. Fridley allows not only motor homes to be parked on the owners paved surface, but they also allow semi-tractors and other large commercial vehicles that serve as an individual's transportation to and from their work. Fithzum's ordinance was weak regarding its attempt to connect motor homes/RVs with fire access, and the events of RV's acting as a conduit carrying fire from one residence to another. Fridley is not suggesting those arguments as a foundational basis for their ordinance. Instead, Fridley's amendment to 506 is simple. Large vehicles left in the roadway serve as obstructions; they narrow the drive lanes for normal use of the roadway. They can and often do create a vision safety issue for motorists and pedestrians; Fridley has very few sidewalks, which cause pedestrians to use the street as their walkway. Wth cars and smaller vehicles, it is easier to see through and past the vehicle to make safe passage around the vehicle. In the case of a motor home or larger truck or vehicle that same benefit is not available. Finally these large vehicles on the roadway can and do impact the quiet enjoyment of one's residential property by being a visual obstruction in an otherwise fairly open right-of-way. Smokinq Ban in Tempe Arizona Ms. Reynolds included information from the Arizona Republic on a smoking ban in Tempe Arizona. I would imagine if this was meant to be in the packet, it was meant to serve as another example of where an ordinance without evidence is baseless and therefore arbitrary. The Fridley ordinance is not being offered without evidence. Though Ms. Reynolds has attempted to tie a lack of accidents to the lack of evidence that an ordinance is required is no surprise. The response from our police department does not suggest that these vehicles are not a problem or that there have been no accidents related to them, instead the response is that the Police department is..."aware of 2 complaints in 2008 about RV's parked on the road causing vision obstructions and lane narrowing. Further, our records system does not lend itself to reporting accidents or thefts specifically to RV's..." Community Development generally gets called on this type of an issue and they receive and average of 6 complaint calls per year regarding RVs and have had many more regarding trucks. Of course, it is up to the City to decide whether 8 calls a year and many more complaints regarding trucks is sufficient evidence and foundation for an ordinance amendment. Staff would recommend that it is. Other Cities Requlations Mentioned City of Richfield's evidence submitted merely suggested that The City manager is authorized to order the placement of traffic control devices and those that feel aggrieved have a process whereby they can appeal. Fee for parking or permit parking is another point that was raised by Ms. Reynolds (with Mounds View and Richfield as examples). This practice, especially in residential areas raises equal protection/equal benefit constitutional questions under the law and is believed to be unconstitutional. Those cities with such ordinances likely have yet to have them challenged. One other interesting note about the research material Ms. Reynolds submitted, neither her Richfield nor Mounds View information she submitted said anything about permit parking as she had indicated that it did. Matchinq definitions throuqhout the Code and to Statutes Ms. Reynolds discusses the definitions not matching all statutes. She is correct with regard to the motor home definition. Prior to constructing this ordinance staff (including police staffl and the City attorney evaluated and determined that the definition of motor home that was chosen is shorter, cleaner, and easier to understand by an average reader. There is simply no need to make an ordinance and its definitions more complex than they need to be. If an ordinance is not understandable to the average reader, courts typically have decided cases in favor of that average reader in a contest. This motor home definition also in no way conflicts with statutory definition; it's simply shorter, cleaner, and easier to understand. Should definitions throughout the Code match? No, not necessarily. State Statutes is in part the voluminous body of documents that it is, because items are defined for the specific chapters that they lie within. A good example is the definition of "Project" in Statute 469.002 and "Project" in 471.49, subd. 7, they are very different based on the essence of each chapter. What is important is that each chapter begins with a statement like: Words, terms, and phrases. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for purposes of this chapter, shall be given the meaning hereinafter subjoined to them. Contrary to Ms. Reynolds assertion, definitions can and do change from chapter to chapter in statutes and in local ordinances as well. It would not be our recommendation (as she has suggested) to simply reference a statute definition, rather than defining the word or phrase in our ordinance. Readers do not generally like having to reference both our ordinance and State statute to understand what we are trying to say. Simplicity is the key to compliance and success in court if an ordinance is challenged. We have had both Chapters 114 and 123 (both questioned by Ms. Reynolds) reviewed on several occasions by our attorney's office. Back to a pre-Fritz Knaak era, Greg Herrick (our attorney then) reviewed both 114 and 123 and supported the definitions indicating they were right as they were written and that both sections should remain. In subsequent years we asked Fritz to review 114 and 123 and he too believed that both sections are necessary and though different should remain as they are. Somewhere a drafting error did occur that we noticed through this recent review. Chapters 114 and 123 have a definition of Motor Vehicle that includes trailers. Of course, this is not correct and was not meant to exist in the 114 and 123 definitions. We will research and if it was a drafting error after the ordinance was first approved, we will make the change as statute allows. If on the other hand, it was in the original approved versions of 114 and 123 years ago, we will ask Council for authorization to have the term "trailer" removed from the definition through an upcoming amendment. The other sections submitted by Ms. Reynolds have definitions relative to the sections of Code in which they exist. Since the Code is read in a manner in which the reader looking for the law and then within the law, the relevant definitions, we do not believe a change is required in this regard. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO VEHICLE PARKING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 506.02 of the Fridley City Code be hereby amended as follows: 506.02 DEFINITIONS (Ref. 1043) The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Bus. "Bus" means every motor vehicle designed for carrying more than 15 passengers including the driver, and used for transporting persons. 2. Large Commercial Vehicle. A truck, truck-tractor, tractor, semi-trailer, van, or bus as defined herein having a licensed gross vehicle weight over 12,000 pounds. 3. Manufactured Home; Park Trailer; Travel Trailer. A. "Manufactured home" has the meaning given it in Minnesota State Statute Section 327.31, subdivision 6. B. "Park trailer" means a trailer that: (1) exceeds eight feet in width but is no larger than 400 square feet when the collapsible components are fully extended or at maximum horizontal width, and (2) is used as temporary living quarters. "Park trailer" does not included a manufactured home. C. "Travel trailer" means a trailer, mounted on wheels, that: (1) is designed to provide temporary living quarters during recreation, camping or travel; (2) does not require a special highway movement permit based on its size or weight when towed by a motor vehicle; and (3) complies with Minnesota State Statute Sections 169.80, subdivision 2, and 169.81, subdivision 2. 4. Motor Home. "Motor home" means anv vehicle desi�ned as an enclosed piece of equipment duallv used as both a vehicle and a temporarv travel home. Thev are also called motor caravan. 5. Motor Vehicle "Motor vehicle" means everv vehicle which is self-propelled and everv vehicle which is propelled bv electric power obtained from overhead trollev wires. Motor vehicle does not include an electric personal assistive mobilitv device or a vehicle moved solelv bv human power. 46. Passenger Automobile. "Passenger automobile" means any motor vehicle designed and used for the carrying of not more than 15 persons including the driver, and does not include motorcycles, motor scooters, and buses as defined herein. �7. Pickup Truck. "Pickup truck" means any truck with a manufacturer's nominal rated carrying capacity of three-fourths ton or less and commonly known as a pickup truck. �8. Residential District. Means and includes those areas zoned single family dwelling areas, two family areas, and general multiple family areas (Ref. 552). �9. Semi-trailer. "Semi- trailer" means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor semitrailer combination. �10. Tractor. "Tractor" means any motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independently. 311. Trailer. "Trailer" means any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. �812. Truck. "Truck" means any motor vehicle designed and used for carrying things other than passengers, except pickup trucks and vans as defined herein. �13. Truck-tractor. "Truck-tractor" means: A. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn; and B. A motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles and capable of carrying motor vehicles on its own structure. �14. Van. "Van" means any motor vehicle of box like design with no barrier or separation between the operator's area, and the remainder of the cargo carrying area, and with a manufacturer's nominal rating capacity of three-fourths ton or less. �15. Vehicle. ���4e�e�Vehicle" means ., o�� r ro��o,a ..o�,;,.�o ,,,,� „ o,-.,�o,a o r,.�„�;..o�., , .,;�,-,,.,,a �,-.,,.�,� > > > > ��°��Everv device in, upon, or bv which an�person or propertv is or mav be transported or drawn upon a hi�hwav, exceptin� devices used exclusivelv upon stationarv rails or tracks. Section 2: That Section 506.13 of the Fridley City Code be hereby amended as follows: 506.13. PARKING REQUIREMENTS (Ref. 1043) 6. No person shall park or leave standing a truck tractor, semitrailer, bus (except for school buses during normal operation of their weekdav routes� a�t�zc2�? �;nn „,,, „�,a n.nn „,,, ,.� �°°'��'��� m�r����°`, truck havin� a licensed �ross wei�ht over 12,000 pounds, manufactured home, park trailer, travel trailer, trailer, or motor home �°r ,'' ��� r�„��'° whether attended or unattended, upon, the public streets in any zonin� �'��� district unless in the process of loading or unloading *;m° r°�°���n, *�'���' �r�' „r'���' Motor homes and travel trailers mav remain parked on a public street for loadin� and unloadin�purposes no more than 24 hours in a seven (7) dav time ep riod (Re£ 552, 741). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2009. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: April 1, 2009 First Reading: Second Reading: Published: � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 27, 2009 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Donovan Abbott, Public Safety Director Date � Apri123, 2009 Renewal of 2009-10 On-Sale Intoxicating Liquor License for William Bisek of JWBB, Inc. dba Baggan's Pub located at 3720 East River Road On April 13, 2009, the City Council discussed the renewal of the liquor license for William Bisek of JWBB Inc dba Baggan's Pub located at 3720 East River Road. While it was not a formal public hearing, the City Council did allow the licensee and his attorney to address the City Council. Based on the recommendation from the City Attorney, the City Council tabled the renewal of the liquor license directing Mr. Bisek to provide further information and evidence to City staff by submitting a written business plan, supporting documentation showing transparency within the business and a written security plan for staff to review prior to the next Council meeting. On April 16, 2009, staff delivered a letter to Baggan's Pub with the directives from the City Council requesting the documentation be provided to staff for review by April 22, 2009. Staff received the written documentation as requested and met with City Attorney Knaak to review the documentation. Based on the information received, at this time it appears Baggan's Pub is in compliance with the food to liquor ratio. The police department reports public safety concerns have moderated over the past two weeks. In addition, the police department has reviewed the security plan provided by Baggan's Pub and will monitor for implementation and effectiveness and report back to Council as appropriate. City Attorney Knaak has recommended the City Council approve the liquor license with the following conditions: 1. That the City Council review the license August 24, 2009 to monitor the food to liquor ratio of the business and the public safety concerns; 2. That if there are any significant changes in the operation of the business or in the overall order, peace and safety at the location, this will be grounds for a public hearing for immediate license revocation by the City; or 3. Any serious crime occurring prior to the August 24th review is grounds for an immediate public hearing for license revocation by the City. � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF April 27, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk April 8, 2009 Resolution Terminating Agreement with Visit Minneapolis North Effective December 31, 2009 by Exercising Early Opt Out Option The City of Fridley has been a member of Visit Minneapolis North (V1VIN), a local convention and visitor's bureau (CVB), since 1986. V1VIN currently represents 11 cities and 421odging properties in the north metro area. The current agreement with V1VIN requires that if a city desires to leave, they are required to give notice by December 31st of the year before the City intends to end its agreement with V1VIN. Last fall the negotiations between the National Sports Center (NSC) and V1VIN broke down. The NSC began to work with local lodging properties recommending they request their cities to opt out of V1VIN. By the end of 2008 the cities of Arden Hills, Blaine, Coon Rapids, and Shoreview exercised their intent to opt out of V1VIN and their agreements will terminate on December 31, 2009. While the V1VIN Board of Directors voted to try to keep the 11 city organization together, a Task Force was created to explore what options were available. It soon became clear the organization would not stay together and would split geographically along the Mississippi River. The lodging properties in three of the opted out cities, along with Ham Lake and Lino Lakes, began discussions with the NSC and created a Coalition of Lodging Properties to explore the creation of a new CVB. On March 18, 2009, the V1VIN Board of Directors adopted a motion allowing the cities of Anoka, Fridley, Ham Lake and Mounds View to opt out early if they provide a letter or resolution to V1VIN by Apri130, 2009, of their intent to opt out which will thereby terminate the Agreement with V1VIN effective December 31, 2009. The cities of Arden Hills, Anoka, Blaine, Coon Rapids, Fridley, Ham Lake, Lino Lakes, Mounds View, New Brighton and Shoreview have met and determined to begin the process of incorporating a new CVB. The City Councils of the Cities of Anoka, Ham Lake and Mounds View have all adopted resolutions to opt out of V1VIN. Staff recommends adoption of a resolution terminating the agreement with Visit Minneapolis North effective December 31, 2009 by exercising early opt out option allowed by the V1VIN Board of Directors. RESOLUTION NO. 2009 - A RESOLUTION TERMINATING AGREEMENT WITH VISIT MINNAPOLIS NORTH EFFECTIVE DECEMBER 31, 2009 BY EXERCISING EARLY OPT OUT OPTION WHEREAS the City of Fridley has been a member of Visit Minneapolis North (V1VIN), a local convention and visitors bureau which currently represents 11 cities and 421odging properties in the north metro area since 1986; and WHEREAS the agreement with V1VIN requires that if a city desires to leave V1VIN they are required to give notice by December 31st of the year before the City intends to end its membership with V1VIN; and WHEREAS the cities of Arden Hills, Blaine, Coon Rapids, and Shoreview exercised their intent to opt out of V1VIN in 2008 and will terminate their agreements with V1VIN on December 31, 2009; and WHEREAS, there has been discussion and agreement from the cities on the east side of the Mississippi River to create a new convention and visitors bureau using the geographical boundary of the river; and WHEREAS, on March 18, 2009, the Board of Directors of V1VIN adopted a motion allowing the cities of Anoka, Fridley, Ham Lake and Mounds View to opt out early if they provide a letter or resolution to V1VIN by Apri130, 2009, of their intent to opt out which will thereby terminate the Agreement with V1VIN effective December 31, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby intends to opt our of Visit Minneapolis North and hereby exercises Visit Minneapolis North's early opt out option adopted by their Board of Directors March 18, 2009, thereby terminating the Agreement effective December 31, 2009 and directs staff to provide written notice to V1VIN of its intent to opt out by Apri130, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF APRIL 2009. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 27, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS