Loading...
04/27/2009 - 29233CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 27, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:45 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Don Abbott, Director of Public Safety Deb Skogen, City Clerk APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Board of Appeal and Equalization Meeting of April 13, 2009. APPROVED. NEW BUSINESS: 1. Claims (141368 —141511). APPROVED. 2. Licenses. Councilmember Bolkcom asked if anything was happening at the pawn shops that would cause Council not to approve the licenses. Don Abbott, Director of Public Safety, answered no. APPROVED THE LICENSES ON FILE AND AS OF RECORD. FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 2 MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No one in the audience spoke. NEW BUSINESS: 3. 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) Scott Hickok, Community Development Director, said this is the first reading of Text Amendment, TA #09-01. The definition of motor home, motor vehicle, and vehicle remains unchanged since the public hearing. The motor vehicle definition differs from Ch. 114 and 123. A text amendment to those chapters may be desired in the future. Mr. Hickok said that modifications to Sec. 506.13 are as follows: - The terms "park trailer" and "travel trailer" were left in the parking restriction. - Clarified that 12,000 lb. weight applied to trucks only. - Limited motor home parking to 24 hours in a 7-day time period. Mr. Hickok said on April 2, the Planning Commission held a public hearing, and voted unanimously to approve the text amendment as written. City Council held a public hearing on April 13 and tonight's action is the first reading of the ordinance. Staff recommends approval of the first reading of the ordinance, with the modifications made since the April 13 public hearing, clarifying the length of time allowed for motor home loading and unloading on the street. This ordinance is scheduled to have its second reading on Monday, May 4. Councilmember Bolkcom said it may be confusing when there is a three-day weekend so the wording may need to be changed. Mayor Lund agreed and suggested something like "a 24-hour cycle in a 7-day period." This would mean they had 24 hours prior to the trip and 24 hours upon return. The wording should be FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 3 effective and not overly restrictive. No more than one cycle like that in a week should be allowed. Mr. Hickok said that seemed like a fair position for the City to take, but enforcement may be a challenge. Staff will try to accommodate those circumstances. Councilmember Bolkcom asked for the new wording to be brought back for the second reading. Mayor Lund said there should be no more than two non-consecutive 24 hours in a seven-day time period. He said that most reports will be on a complaint basis from neighbors. Mr. Hickok said the areas are monitored both ways, and they would not want to put too much weight on complaints only. Staff does their best to notice things like and would like to make a judgment call before it becomes a complaint. Councilmember Bolkcom said to simplify things and to know the definition of what a trailer is helps. Mr. Hickok said they will try to keep things clean and simple, as it is more enforceable. The goal is to give Council the Statute at the same time so we do not have to read both ordinances. When references are in there it is for further research only. Councilmember Bolkcom said she felt comfortable with simple definitions rather than the statute. Fritz Knaak, City Attorney, agreed and strongly recommends simple definitions for ease of enforcement. This reflects the prior recommendations that were made. Councilmember Varichak said at the last meeting, there was a discussion about visitors coming with RVs and staff indicated they would be happy to show them where they can park. Mr. Hickok said correct. Many people do not realize that there are nice camping areas close by with hook-ups. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. 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). MOTION by Councilmember Bolkcom to remove the 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 from the table. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 4 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Richard Pribyl, Finance Director, said the building is located at 3720 East River Road and has been owned and operated by William Bisek of JWBB Inc. under a d/b/a as Baggan's Pub. On April 13, 2009, the City Council discussed the possible non-renewal of the Baggan's Pub Intoxicating Liquor License. After extensive discussion on the concerns staff had regarding the renewal or non renewal of the license, the item was tabled until this evening. Mr. Pribyl said the basis for tabling the item at the last meeting was to allow Mr. Bisek an opportunity to respond to City concerns regarding past operations. At the April 13 meeting, Council asked that Mr. Bisek provide City staff with the following items for review and consider prior to this meeting. 1. A written business plan. 2. Supporting documentation showing transparency with the business. 3. Written security plan. Staff received a packet of information on Apri122 that substantially complies with the request. Mr. Pribyl said based on the receipt of this additional information staff is recommending the renewal of the Intoxicating Liquor License with the following conditions: 1. That the City Council will 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; 4. Provide a monthly income statement, similar in format to the 12-month profit and loss statement provided in the April 16 written materials, which will assist in providing transparency by showing the flow of financial resources of the overall business; and 5. That the licensee meets monthly with staff to review security and financial information. MOTION by Councilmember Bolkcom to move into record documentation received on April 22, 2009. Seconded by Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 5 Councilmember Bolkcom asked if all the information Council requested was in the packet Mr. Pribyl said Mr. Bisek has complied with Council's request. Fritz Knaak, City Attorney, said substantial compliance was received and the information is very appropriate. If this information had not been provided, recommendation for approval would not have been made by staff. This was substantial compliance, and what was presented looks like a business plan. Three months of information gathering will continue for Council's comfort level. Councilmember Bolkcom asked if the Police Department was comfortable with the changes in the security plan or if it needed further discussion. Don Abbott, Director of Public Safety, said the security plan was reviewed and it does contain several elements but many are yet to be implemented. Estimates were given for equipment that will need to be purchased. Monthly meetings will give staff an opportunity to meet and provide police reports and concerns from officers. This will also provide an opportunity for Mr. Bisek to ask questions of the Police Department. Councilmember Bolkcom said there has been ongoing concern and police reports reflect activity happening on site. Chief Abbott said on April 13, a review of reports show 25% of the calls came from employees or the business and 75% of the calls came from patrons or victims of incidents. Staff would expect that in a business establishment that is being monitored, the majority of calls should come from the business. Councilmember Bolkcom asked for clarification that if Council approved the license and the owner of the license agrees to conditions, such as meeting monthly, the license would continue until April, 2010. Mr. Pribyl said correct. The license is issued annually and will be reviewed in August. Council is issuing the annual license. Councilmember Bolkcom asked if this had been done in the past. Mr. Pribyl said yes, numerous times. Scott Harris, Attorney for Baggan's Pub, said today he received an email of documentation including three items indicating report of conditions. Mr. Bisek is appreciative of Council and staff consideration. Council and staff should be aware that Baggan's Pub pledges to take all appropriate steps to prevent any criminal action. They are making pledges that it will not tolerate any sort of improper conduct or encourage that type of conduct. The goal is to engage proactively with the Police Department and they would welcome monthly meetings. There is no problem with sharing information and assuring Council along the way. FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 6 Mr. Harris said that condition number 3, "Any serious crime occurring prior to the August 24 review is grounds for an immediate public hearing for license revocation by the City," Baggan's Pub can only do what is reasonable and appropriate in events that occur. They plan to take steps to prevent conduct and hopefully nothing of that sort will happen. Mayor Lund said if something happened in condition number 3 and it was deemed serious, the Police Department would have to prove the case and a public hearing would be provided. Mr. Harris said Council would take action to seek revocation. Baggan's Pub is just asking for an opportunity to make an evidentiary presentation. He spoke with Attorney Knaak about requesting an evidentiary hearing and if it does warrant this, Baggan's Pub would like the opportunity before a decision is made. Mr. Harris said they are optimistic and have taken an appropriate approach to security, to do all that is in their power so no criminal problems will occur on the premises. Some security items have already been brought in and the operation is already better as it stands today. Mayor Lund said looking at the items, he was disappointed specifically about security. Security was discussed during the public hearing and then in the llth hour proposals were brought forward. He had hoped some measures would have already been in place. He hopes the plan is followed through and that is the reason for the monthly meetings. Hopefully we can work together on this. Councilmember Bolkcom said the paperwork presented from Baggan's Pub says that 50% total sales of both food and liquor; she asked what they were trying to say. Mr. Pribyl said he would follow up with Baggan's Pub after this meeting and clarify this with the license holder. Mr. Harris said they are aware of the definition and percentages but were being conservative by saying 50%. They are aware that 40% should be in food so they are planning on the conservative side. Councilmember Bolkcom said she just wanted to clarify that 50% is not in the City ordinance. Mayor Lund said he went to Baggan's Pub last Wednesday night and the food was very good. He was there after 6:00 p.m. and was served a beverage in a Solo cup but he noticed other customers were served with a glass bottle after 6:00 p.m. It is important to make sure expectations are followed through. Mr. Harris said Mr. Bisek would appreciate feedback from anyone on behalf of the City. MOTION by Councilmember Bolkcom to approve the issuance of an intoxicating liquor license to William J. Bisek of JWBB, Inc., d/b/a Baggan's Pub, located at 3720 East River Road (Ward 3) with the following five conditions: FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 7 1. That the City Council will 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; 4. Provide a monthly income statement, similar in format to the 12-month profit and loss statement provided in the April 16 written materials, showing transparency of the flow of financial resources of the business; and 5. That the licensee meets monthly with staff to review security and financial information. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Resolution Terminating Agreement with Visit Minneapolis North Effective December 31, 2009, by Exercising Early Opt Out Option. Debra Skogen, City Clerk, said the City has been a member of the Visit Minneapolis North since 1986. Visit Minneapolis North grew to an 11-city convention and visitors bureau. Four cities opted out in 2008 (Arden Hills, Blaine, Coon Rapids, and Shoreview). Ms. Skogen said the Visit Minneapolis North Task Force studied feasibility of all cities remaining in Visit Minneapolis North and found cities on the east side of the Mississippi River felt stronger about having the National Sports Center as a partner. In addition to the four cities that opted out in 2008, the Visit Minneapolis North Board adopted a motion allowing the other four cities to opt out early without penalty. The Cities of Anoka, Ham Lake and Mounds View have all opted out and provided notice to Visit Minneapolis North. Ms. Skogen said a resolution has been prepared for Council to adopt allowing Fridley to opt out of their agreement with Visit Minneapolis North early. The City will continue to work with other cities to create a new convention and visitors bureau. MOTION by Councilmember Saefke to adopt Resolution No. 2009-21. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 27, 2009 PAGE 8 6. Informal Status Report. Mayor Lund said the StarGazers fundraiser is on Saturday. Springbrook Nature Center Foundation is also having their annual fundraiser on the same evening. Councilmember Bolkcom encouraged Council and volunteers to help paint the Banfill-Locke Center on May 9 and 10. There was also a recent recycling event and the next one is not until October. Thirty-two people helped. Four hundred fifty vehicles dropped off 447 appliances, 297 tires, 6.8 tons of scrap metal and 151 fluorescent light bulbs. Also, 42 bicycles were salvaged. Councilmember Saefke said that paper shredding will take place this Saturday from 9:00 a.m. to noon in the parking lot next to City Hall. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:37P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor