04/26/2010 - 4906�
� CITY COUNCIL MEETING OF APRIL 26, 2010
CffY OF
FRIDLEY
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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING — 7:00 P.M.
(CONTINUED FROM APRIL 12, 2010)
CITY COUNCIL MEETING
PROCLAMATION:
Poppy Days: May 14 and 15, 2010
PRESENTATION:
Safe Kids - Car Seat Awareness
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of April 12, 2010
City Council Meeting of April 12, 2010
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 2
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
the Fridley City Code, Chapter 4, Absentee
BallotBoard ............................................................................................... 1 - 2
NEW BUSINESS:
2. Claims .................................................................................................. 3 - 7
3. Licenses .................................................................................................. 8 - 12
4. Estimates .................................................................................................. 13
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
5. Consideration of Proposed Amendment to the
Fridley City Charter, Chapter 4, Nomination and
Elections, Pertaining to Date of Primary Election
andCanvassing ......................................................................................... 14 - 15
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 3
OLD BUSINESS:
6. Second Reading of an Ordinance Amending
Chapter 30, Lawful Gambling, of the Fridley
City Code, Defining Licensed Organizations
(Tabled April 12, 2010) .............................................................................. 16 - 19
NEW BUSINESS:
7. Informal Status Reports ............................................................................. 20
ADJOURN.
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POPPYDAYS
May s4 �3 ss, �oso
WHEREAS, the annual sale of Buddy Poppies by the T�eterans of Foreign Wars of the United States has
been offzcially recognized and endorsed by governmental leaders since 1922; and,
WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy
fund-raising campaign are used exclusively to benefit veterans in need, disabled veterans, and the widows
and orphans of deceased veterans; and,
WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the T�eterans of Foreign Wars is
eloquently reflected in the desire to `Honor the Dead by Helping the Living; "
NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaim May 14 and 1 S, 2010, as
POPPYDAYS
in the City of Fridley, Minnesota, and urge the residents of Fridley to recognize the merits of this cause
by contributing generously to its support by purchasing Buddy Poppies.
I urge all citizens to wear a Poppy as evidence of our gratitude to the men and women of this country who
risk their lives and have risked their lives in defense of the freedoms we continue to enjoy as American
ci tizens.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be affixed this
26th day ofApril, 2010.
Scott J. Lund
Mayor
LOCAL BOARD OF APPEAL AND
EQUALIZATION MEETING
CITY OF FRIDLEY
APRIL 12, 2010
The Board of Appeal and Equalization meeting for the City of Fridley was called to order by
Mayor Lund at 7:05 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
MEMBERS ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director
Debra Skogen, City Clerk
Mary Smith, City Assessor
Lynn Krachmer, City Appraiser
Don Abbott, Director of Public Safety
LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING
Mary Smith, City Assessor, stated this is the first meeting of the Board of Equalization and, if
needed, we can have another meeting on April 26. This meeting is held in accordance with
Minn. Stat. § 274.01. The purpose of the Board is to establish a consistent appeals procedure.
Only appeals for the January 2, 2010, valuation or classification may be made. As the Board, the
City Council has the ability to change values or classifications in accordance with State law. The
Board has three possible courses of action: affirm, reduce, or increase the current value based on
information presented. If upon reaching a decision, the property owner feels the Board did not
resolve their concern, they may bring their case to the County Board of Appeal and Equalization
which will be held at 6 p.m. on June 14.
Ms. Smith stated the Board needs to have a majority of its members be in attendance to have a
quorum. There must be at least one member at each meeting of the local board who has attended
an Appeals and Equalization course developed or approved by the Commissioner of Revenue
within the last four years. If a property is omitted from the tax rolls, it may be added by the
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 12, 2010 PAGE 2
Board. The Board cannot give a class of property an increase or a decrease. They may only
increase or decrease individual properties.
Ms. Smith stated if the Board makes reductions to individual properties, the amount of the
reduction cannot exceed 1 percent of the citywide aggregate assessment. If the Board finds a
case of under valuation, 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 is convened.
Ms. Smith stated the procedures for the Board of Appeal and Equalization will be to hear the
property owner's concern and accept any information the appellate 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 2010 estimated market
value giving the property owner the opportunity to take the appeal to the County Board.
Ms. Smith stated the 2009 reassessment consisted of viewing approximately 1,800 properties.
These properties were located in the northernmost area of the City. Each of these properties was
initially visited and if they found the owners not at 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 the City's last reassessment. In order for these property
owners to appeal their value, they will need to have the City physically review their property.
Ms. Smith stated regarding the review of the 2010 assessment, there were 329 residential sales
that occurred in Fridley from October 1, 2008, through September 30, 2009. These sales
involved single-family homes, town homes, double bungalows, and condominiums. Of these
sales, 124 were arms-length sales. Arms-length sales that occurred from October 1, 2008,
through September 30, 2009, are used by the State for the sales ratio study. To bring our
assessment within the State's recommended range of 90-105 percent, there were decreases in
structure values of all property types.
Ms. Smith stated single-family structures received a reduction of approximately 11 percent
depending on the style. Townhomes decreased by an average of 10 percent while condominiums
saw a 9 percent reduction. Double bungalows received the largest decrease of approximately 25
percent. Along with these reductions, most land zones saw a decrease in value of approximately
12 percent. This reduction brought the assessment within the State and County's recommended
ratio. These adjustments resulted in an overall decrease in residential properties of 10 percent.
Ms. Smith stated a study of the commercial and industrial properties within the County indicated
that values were decreasing. All commercial and industrial properties experienced an average
reduction of 5 percent in structure. There was also a decrease in all land value of 7 percent. This
created an overall average decrease of 6 percent. Decreases averaging 7 percent were made to
apartments also.
Councilmember Barnette said foreclosures were not included in this.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 12, 2010 PAGE 3
Ms. Smith replied, correct. Foreclosures, short sales, bank sales, are not considered good sales
because of their duress.
Kevin Kraut stated two years ago he was assessed at $212,000. Last year it was $182,000.
Finally, this time he got his notice and it is $159,000. These are pretty drastic declines. He had
the property appraised early last year by the V.A. for $170,000 but yet he was paying taxes on
$212,000. That is $32,000 in value that he was paying taxes on that he believes he should not
have. If the City is two years behind on assessments, when values start going up, is it going to
take two years for his value to also go up again?
Ms. Smith replied the City just follows the market. The sales period they use every single year is
statewide. It is used that way in every county and city.
Mayor Lund said if Mr. Kraut is saying that his house had just been appraised at $170,000, the
City could re-evaluate it. He is saying now the City has assessed his property at $159,000.
Mr. Kraut replied they are saying $159,000, but he is paying taxes on $212,000. The VA came
in and appraised it at $170,000.
Mayor Lund said he will pay taxes on the appraised value of $159,000 next year. Mr. Kraut
stated last year he came in with a valuation of $182,000; and his appraisal was $170,000. He got
the valuation from the City about the same time last year. He asked Ms. Smith when they looked
at the property.
Ms. Smith replied the assessment date is always January 2 of any given year. For the sales
period he is talking about, that would have been sales from 2006-2007 to establish the 2008
values for taxes payable in 2009.
MOTION by Councilmember Barnette to reaffirm the valuation of Mr. Kraut's property at 6366
Dellwood Drive NE. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Chad Saari, 7165 East River Road NE, stated he had called the City approximately three days
ago to establish his being here tonight. He purchased his house in 2009. It was a foreclosure,
and he had it reappraised after he rehabbed it. The reappraisal came in at $148,000. His tax
value assessment for payable taxes in 2010 is at $206,500.
Ms. Smith stated that is the 2009 value.
Mr. Saari stated when he purchased his house in 2009, rehabbed it in 2009, and had it
reappraised, he came up with a value of $148,000 and he had the paperwork There are three
comps with it, all within the $150,000 range.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 12, 2010 PAGE 4
Mayor Lund asked Mr. Saari who he spoke to at the City when he called.
Mr. Krachmer stated he spoke with him about the process. He told him it did not include
foreclosures. Mr. Saari did not say anything about an appraisal. He said he was just going to
come and observe.
Mayor Lund stated in all fairness Mr. Saari should make an appointment with the assessor or
appraiser between now and the next meeting, and they will certainly look at it.
Ms. Smith stated the value Mr. Saari is talking about is the 2009 value. She asked what the
2010 value was because that is what they were here to discuss—the value for taxes payable next
year.
Mr. Saari stated for 2011 it is $191,400.
Mayor Lund asked Mr. Saari if he wanted to dispute that. He asked him if he would sell his
house today for $148,000.
Mr. Saari replied, if that is what it is worth.
Mayor Lund recommended to Mr. Saari that he make an appointment to discuss the valuation.
He asked if Mr. Saari had a bona fide appraisal.
Mr. Saari said he did. He asked what the difference was between homestead and non-
homestead.
Mr. Krachmer said the maximum credit difference is $304 if your property is worth $76,000.
As your value goes up, that homestead credit goes down. At $407,000 it zeroes out. So, on
$150,000 Mr. Saari is probably getting about a$200 difference.
Mr. Saari stated he noticed paying taxes last year as a non-homestead to this year homestead is
only a $50 difference.
Mayor Lund stated that may be true but then taxes went up, too.
Mr. Saari said he thought the school district made a difference.
Mr. Krachmer stated Mr. Saari is in District No. 14 which saw a big increase.
Pete Eisenzimmer, 6535 Oakview Drive, stated when he got his taxes for this year he noticed
they went up instead of down. The valuation in 2008 was $198,400 and reduced in 2009 to
$190,000. When they took the taxes up before, they were taken up $20,000 a year instead of
$10,000. He cannot see why they cannot reduce the same amount. He thinks the City overspent
a little and now the City wants the taxpayers to pay for that overspending. He thinks it should
have been looked at and controlled before they got into this. If they have to go to our assessors
and have them come back out and redo it, this is what they have to do. If they cannot get any
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 12, 2010 PAGE 5
satisfaction here they have to go to Anoka County. The homes around him are all selling way
less than what his is valued at. They are selling for $140,000 to $150,000. They still have his
valued at about $183,000. Next year the amount is $172,000.
Mayor Lund stated the Board of Review is only to discuss if he is disputing the valuation.
Mr. Eisenzimmer stated he wants to bring that valuation down for next year.
Mayor Lund asked if he had contacted the assessing staff at the City of Fridley prior to tonight.
Mr. Eisenzimmer replied, no.
Mayor Lund stated so what they should probably do in all fairness is look at his statement. The
valuation they are discussing here is $172,000.
Mr. Eisenzimmer stated the $172,000 would be next year.
Mayor Lund stated he understands but that is the valuation that he currently got from the
County. That is the only item they can legally discuss here tonight is the valuation that he
recently got and it is $172,000. His property was at $198,000, went down to $190,000 the next
year, and for the next year it is $172,000, so it is devaluating.
Mr. Eisenzimmer stated it is still only $100 difference.
Mayor Lund asked him to make an appointment with the City assessor or the appraiser and see.
Council will come back at the next meeting and make a determination whether we should reduce
it, leave it the same, or potentially increase it.
Mr. Eisenzimmer stated and if they do not reduce it, then he has a right to go to the County.
Mayor Lund replied, that is right. If he does not agree with their final outcome, he can go to the
County.
MOTION by Councilmember Saefke to continue the Board of Appeal and Equalization until
April 26, 2010. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 12, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Lund.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
MEMBERS ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Don Abbott, Director of Public Safety
Fritz Knaak, City Attorney
PROCLAMATION:
Volunteer Week April 18-24, 2010.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 29, 2010
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 214 Signs Pertaining to
Political Signs.
William Burns, City Manager, said the State legislature has been amending election laws in the
2010 portion of their session. In addition to moving the primary from September to August, they
have also allowed the placement of political signs 46 days prior to primary or general elections.
This legislation changes our local ordinance to allow the placement of signs 46 days prior to a
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 2
primary or general election as well as for special elections. The first reading of this ordinance
was held on March 29. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1267 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. First Reading of an Ordinance Amending Fridley City Code, Chapter 4, Absentee
Ballot Board.
William Burns, City Manager, stated Fridley adopted an ordinance providing for an Absentee
Ballot Board in 2006. The State has recently adopted legislation pertaining to the appointment
and duties of absentee ballot boards. Staff recommends Council modify its absentee balloting
procedure in a manner that defers to the new State law. Under the new legislation, all absentee
ballots must be counted at the City or County level rather than at the individual precinct level. In
2010, the cities in Anoka County will provide staff to count absentee ballots at the County level.
We have been told the County will require absentee ballot counting to occur at the City level in
2012 and beyond. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
3. Resolution Approving a Plat, P.S. #09-04, Dahlke Industrial Park, by Greg Dahlke,
for the Purpose of Creating Two Industrial Lots, Generally Located at 8170
Hickory Street N.E. (Ward 3).
William Burns, City Manager, stated Council approved the preliminary plat at their November
9, 2009, meeting with eight stipulations. Petitioner is now submitting the final plat for Council
approval. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-24.
4. Approve Joint Powers Agreement Between the City of Fridley and County of Anoka
for the Reconstruction of County Road 132 (85t'' Avenue)
and
Resolution Requesting Municipal State Aid System Construction Funds for
Reconstruction of 85t'' Avenue (County Road 132)
William Burns, City Manager, stated Anoka County has completed plans for the reconstruction
of this intersection and has scheduled the project for 2010 construction. The project's
components include the following (1) Replacement of signals, (2) construction of raised
medians on 85th Avenue on either side of Springbrook Drive, (3) separate left and right turn lanes
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 3
for each approach to Springbrook Drive, and (4) work on 85th Avenue will extend 1,500 feet
west of the intersection and 600 feet east of the intersection.
Dr. Burns stated staff recommends Council's approval of the Joint Powers Agreement with
Anoka County and the Resolution approving the request for MSAS funding.
APPROVED THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND COUNTY OF ANOKA FOR THE RECONSTRUCTION OF COUNTY
ROAD 132 (85TH AVENUE); AND,
ADOPTED RESOLUTION NO. 2010-25.
5. Resolution Requesting No Parking Signs on 85t'' Avenue (CR 132) from Evergreen
Boulevard to University Avenue (TH47).
William Burns stated in conjunction with the reconstruction of the Springbrook Drive
intersection, Anoka County has asked the City to establish "no parking" between Evergreen
Boulevard and University Avenue. Staff recommends Council's concurrence.
ADOPTED RESOLUTION NO. 2010-26.
6. Approve Change Order No. 5 for the 85t'' Avenue Trail Project No. ST2007-04.
William Burns stated the change order components are as follows:
(1) Cost of traffic control for installation of BNSF crossing ($385.00);
(2) Four additional bicycle racks for the kiosk These were ordered but did not fit due
to relocation of other kiosk components ($1,912.07);
(3) Cost for an electrical wire way within the kiosk frame ($389.32); and
(4) Irrigation repairs for Slumberland property ($2,197.05)
Dr. Burns stated the total change order was $4,883.44, and 80 percent of this amount is covered
by federal grant. The remainder, $975.69, is being paid for from MSAS funds. Staff
recommends Council's approval.
APPROVED.
7. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement
for Bids: 2010 Water Main Rehabilitation Project No. 391.
William Burns, City Manager, stated Area No. 1 will include the replacement of an 8-inch water
main on Mississippi Street between Anoka Street and McKinley Street. The cost estimate for
this 700 feet of replacement is $120,000. There have been a lot of water main breaks in this area.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 4
Dr. Burns stated Area No. 2 is a 350-foot section of new 6-inch main from Seventh Street to the
Commons Park irrigation system. Currently that system hooks up to three different wells, Nos.
7, 8, and 9. The new hookup will allow for irrigation cost accounting of Commons Park It also
serves to eliminate the possibility of backflow of unfiltered water into the main treatment system.
The cost estimate for this is $40,000. These costs are included in the 2010 Water Capital
Improvements plan. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-27.
8. Claims (145628 —145789).
APPROVED.
9. Licenses.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Saefke asked that Item No. 9 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 9. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Barnette to approve the agenda with the addition of Item No. 9.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience spoke.
OLD BUSINESS:
10. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the
Fridley City Code, Defining Licensed Organizations.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 5
Richard Pribyl, Finance Director, stated concerns have been expressed by Fridley organizations
wishing to conduct lawful gambling who have not been able to find an establishment in the City
to conduct that gambling. Neighboring cities restrict lawful gambling to their own local
organizations.
Mr. Pribyl stated staff completed a survey of some of the neighboring communities which
showed that seven out of eight cities did actually have their own local restrictions. This change
would create a more restrictive requirement by only allowing local organizations a permit for
lawful gambling. Also, the change would modify the definition of a licensed organization and the
requirements it must meet. It also modifies the requirement regarding the lawful expenditures
and changes the percentage from 50 percent to 75 percent of those net funds expended in the
trade area for lawful purposes. The first reading of the ordinance was held on March 29. After
the Council meeting, staff did mail out informational letters to all currently licensed
organizations within the community for the lawful gambling. Staff recommends holding the
second reading of the ordinance amending Fridley Code Chapter 30, Lawful Gambling.
Shawn Donahue, Spring Lake Park Lions, read the following letter:
I am speaking to you tonight on behalf of the Spring Lake Park Lions Club. We received
a letter in regard to this ordinance change. We understand you are trying to keep the
charitable gaming dollars generated by your City benefiting the residents of your City.
We believe you can accomplish it in a better and different manner by allowing the City
Council an exemption it deems an organization that benefits the City.
Over the past 10-15 years the Spring Lake Park Lions Club has donated over $100,000 to
numerous organizations in Fridley. The following is just a short list of that: `49er Days
Festival, Central Center for Family Resources, the Fridley Community Center, the
Fridley Community Education, the Fridley Memorial Celebration, Fridley 911, Baskets
of Hope with the project at Osborne Apartments, the Fridley Youth Baseball, High
School Soccer, the Softball, Woodcrest Elementary School, the Fridley Convalescent
Home, the Fridley Band, the High School Scholarship, their All-Night Party, their Swim
and Dive Team, their Youth Softball Program, bought bike helmets for the Safety Camp,
and included the Osborne Apartments in their food drive for food baskets during
Christmas. There have also been help for numerous individuals in need of food, clothing,
and shelter.
That number does not represent the overall money we spent in School District 16 which
does encompass part of Fridley. Over that same time period we spent over $1 million in
that school district, and they cannot differentiate which is Fridley, Blaine, or Spring Lake
dollars. If our Club is not allowed to operate in the City, who is going to supplement the
funding for all these programs? If you have a new organization start up, are they going to
be starting up to benefit the City and its residents? Are they going to be starting up to
benefit a specific clause, i.e., the hockey club, booster club, any type of foundation?
Our organization is a service organization, and our motto is "we serve." This means we
serve everybody in the community. As far as our charitable gambling dollars go, we
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 6
have the most diverse list of recipients of any other club in the area. Although it has been
a while since our club has operated a lawful gambling site in the City of Fridley, we do
continue to donate to deserving causes within the City. We personally cannot guarantee
where every dollar goes, but believe our history speaks for itself.
The letter they received stated seven out of eight communities restricted to local
charitable gambling organizations. This is incorrect. Blaine does have some restrictions,
but they allow the City Council an exemption. They have received one of those
exemptions. Mounds View has no restriction. New Brighton has no restriction. They
repealed their ordinance on January 12, 2010. It now reads the City will follow
regulations set forth by the State of Minnesota. Columbia Heights is a little different. I
could not get a straight answer out of their city staff down there because she said it has
been so long since an outside organization applied. She said they were a closed city, but
they could not tell him where in the City Code this was addressed.
We have operated in five of the eight communities used in Fridley's study. We currently
operate in Blaine, Spring Lake Park, Mounds View, and possibly New Brighton in the
future. We would also like the opportunity to operate in Fridley if that time ever comes.
The next item on the proposed ordinance is the removal of the restriction of the number
of gaming sites an organization may operate within a city. Going back to the cities
Fridley used in its study, those cities restrict the number. So if you are using other cities
as a guideline, why was this left out? This is not a good idea for a number of reasons.
The No. 1 reason being competition. Competition makes every business and every
organization better from the ground up. Right now there are only three organizations that
are licensed in Fridley that reside in Fridley. Those being the VFW, the Legion, and the
Lions Club. I talked with the two veterans organizations, and they are not actively
seeking additional sites. What happens if the Lions Club for some reason loses their
license? What are these businesses supposed to do when they cannot find another
organization to come in and operate?
We hope you will consider adding a section to its ordinance that will allow the City
Council and future city councils an exemption if they deem an organization benefits the
City and its residents. On behalf of the Spring Lake Park Lions we appreciate the City's
time and consideration for their proposal, and our Club looks forward to hearing from
you and working with the City very soon.
Mayor Lund stated he was the one who brought this forward. From time to time he has heard
criticism from Fridley-based organizations that have wanted to do charitable gaming. They have
gone to other communities, only to be rejected because they are not based there. He said he is
for free enterprise, and thinks it is wrong those communities actually have that restriction. He
thinks it should be based on the charitable organization's ability to do charitable gaming. The
Lions have a long track record, and if they do a good job that is between the charitable
organization and the restaurant/bar. He said he did not think the other communities would
change their restrictions, so he thought this would put Fridley at a more level playing field. He
asked when staff conducted the survey.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 7
Ms. Skogen replied the end of last year. Columbia Heights does not have it in their City Code.
They adopt it by resolution.
Mayor Lund stated in Columbia Heights the gaming organization does have to be in existence
in Columbia Heights for not less than ten years. Spring Lake Park has a restriction as well. The
restriction is by State and that is the trade area. He was opposed to Blaine's restrictions.
Originally, he was not really interested in sunsetting any current license holders. His first
thought was to keep the license holders that have them here, they could continue on and new
ones could not. Any new license applicants would have to meet the new requirements. He has
been told that is not legal. Additionally, there are not a lot of places in Fridley. Three of them
are already based in Fridley. Three of them currently are not, and they would be a sunset. It is
not his intent to create ill feelings. Spring Lake Park Lions and others have all given very
generously to different 501(C)(3) organizations in Fridley, and he hopes that would continue.
Mayor Lund stated at the Council's first meeting they had several organizations based in
Fridley that did speak on behalf of the change because it gives them an opportunity that they feel
in the past they did not have. Those that spoke in favor were the Knights of Columbus and the
`49er Days Festival Committee. The Fridley School Foundation is interested.
Mr. Donahue stated he does not want the Council to have the misconception that charitable
gaming is going to be the "end all" or "be all" to some of these organizations. The donations are
down for everyone across the state. Donations are going down everywhere, and he does not
want anybody to have the misconception that if they get into charitable gambling, it is going to
solve all their problems. It will not.
Mayor Lund said as long as Fridley organizations are given first crack at it and nobody steps
forward. If every other place has charitable gaming in their restaurant/bar and yet nobody steps
forward, that kind of restricts that operation. Having that exception is okay with him. It has
never been his intent to try and rub out outside organizations that have been very good to Fridley.
Mr. Donahue stated they are just looking for the exemption. They understand what the rest of
the resolution is trying to do. They would like an exemption put in there if possible.
Mayor Lund referred to Attorney Knaak's mention that any amendment between the first
reading and the second reading, has to be by a unanimous decision.
Fritz Knaak replied, that is correct. If you are in fact going to be amending any part of the
amendment itself, an addition would have to be unanimous.
Mayor Lund asked with that in mind, we do have one absent councilperson. If the Council
were to vote 4-0, is that considered unanimous?
Mr. Knaak stated the way he construes that requirement is it would have to be by consensus of
all members and, if a member is missing, that would not be possible.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 8
Councilmember Barnette asked Mr. Donahue if the Fridley Foundation Board went into an
organization in Spring Lake Park and asked to do business there, would Spring Lake Park let
them.
Mr. Donahue replied, he did not research their city but the Mayor says it is restricted.
Mayor Lund stated in the study it states in Spring Lake Park you have to maintain an address
within the city for at least three years prior to application, and you are restricted to no more than
three locations within the city. Fridley's is a little more in depth as far as restrictions rather than
just an address in the City. We have further guidelines. The organization has to routinely meets,
and 30 percent of the membership is within the community of Fridley. Some of those details
might even fit the Spring Lake Park Lions.
Mr. Donahue replied, not quite. They are about 10-11 percent in Fridley. They do have a quite
a few Fridley members in their organizations, and they have members from Blaine, Mounds
View, New Brighton, and Coon Rapids.
Mayor Lund said he did not know how Council felt about the request for an exemption.
Councilmember Barnette stated he had no problem discussing that; however, he would like to
see the other cities give them the same benefit of the doubt.
Wendy Nelson, Gambling Manager for Spring Lake Park Youth Hockey, stated her concern
with the change is they just received their premises permit in April. Their organization is kind of
unique because members of their association are members of the school districts, which are
Fridley, Spring Lake Park, and Blaine. So they cannot really control how many of them register
for hockey and probably only about 10 percent are in the City of Fridley right now. However,
they do not just donate to their hockey association, they donate to their high school boys and
girls hockey, to scholarship funds, to the All-Night Party, Blaine/Spring Lake Park Fire, and a lot
of other organizations. She thinks they are just kind of in that weird pocket and their actual
address is in Blaine.
Mayor Lund replied his whole premise is it is not where the money is spent. That is not his
business, it is up to the charitable organization. It is under the guidelines and restrictions by the
State Charitable Gaming Commission. His intent is having this legislative change because
Fridley's organizations cannot go outside of the City unless they want to go to a much bigger
region.
Ms. Nelson replied, she understands but also they have a school in the City of Fridley, the
restaurant they are it is located in their school district, and they have received a request from the
Fridley Parks & Recreation Department to donate $3,400 for a warming house attendant because
that is in their school district.
Mayor Lund stated and they might not look favorably on the Park and Recreation's request.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 9
Ms. Nelson replied, they would not be able to do that without this extra site. They are the only
organization they have requested it from.
G. Michael Schrauth, Owner, Broadway Pizza, 8298 University Avenue, stated they are
concerned about the change and with not being in compliance. They were interested in finding
an organization that was going to operate or have residents who were going to be in the three or
five mile distance. He said they would have concerns if they did not have prior experience in
gambling because there is more to it than meets the eye. The reason why they probably made a
change, was because they needed more activity and they were not experienced in doing
additional things and so they looked to somebody who was. He also finds it kind of interesting,
too, that the Parks & Recreation Department from the City did ask for money for a warming
house from the organization they will be working with. The mention of the 10 percent of the
residents for the number in that organization might only represent 10 percent of Fridley
residents, he does not know that is going to change much unless more of the ice rinks in Fridley
get more involved. After reading the letter, he believes that they are saying there is more
activity; and they are hoping there will be more activity to the warming house when that is
operating.
Mr. Schrauth said he is not sure they are going to be in compliance in a couple of years and
there may be some areas that are making that pretty restrictive. He would ask that they
reconsider some of the language in so much as the group they are working with is working with
the school district which is all three schools, Blaine, Spring Lake, and Fridley.
Robert McNeil, gambling manager for the Fridley American Legion, stated they received the
letter right before their membership meeting on April 3. He wished he would have had more
time to discuss this letter with their membership. He has made some informal inquiries with
some of their members with the gambling operation. One of the things they take issue with is the
75 percent of its expenditures for lawful purpose. Right now they are paying 50 percent in their
trade area, and Fridley wants to change that to 75 percent. He asked about the veterans
organizations they support. Will they be restricted? There is a big need out there. They try to
provide as much as they can to their veterans organizations.
Mayor Lund replied, the reason that was brought was to get them more into the mainstream of
other communities they looked at. In Brooklyn Park, it is 85 percent. In Mounds View, 75
percent. Fridley's is very low, considering some of the neighboring communities.
Mr. McNeil stated all he can do is speak for the veterans' organizations. He just wanted to go
on record that the Fridley American Legion is trying to help the veterans, and they had to be
restricted and have to pay out more for their trade area.
Mayor Lund replied they will take that into consideration.
Tom Myhra, Fridley School Foundation, said he had three things he wanted to say. First, they
are continuing to look at ideas for their pull-tab operation. Second, for the reference about
foundations having individual concerns, 100 percent of their money goes back to the Fridley
residents. As far as the Foundation itself, their general fund is apart from their subsidiary funds,
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 10
and they are looking at about $15,000 a year. They have trouble with the day-to-day costs of
operating. They do have 24 subsidiary units and they range all the way from the Fridley Alumni
Choir to Football boosters. Last, he has discussed with a lot of people this business of changing
so that there will be no restrictions on the number. He said they probably do want to spread it
out by limiting the number an organization can have.
MOTION by Mayor Lund to table the second reading of the Ordinance Amending Chapter 30,
Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
11. Approve 2010-2011 Liquor License Renewals.
Richard Pribyl, Finance Director, said this a joint agenda item sponsored by both the Fridley
Police Department and the Finance Department. Annual license renewals requests have been
reviewed by staff. All renewals have provided the necessary fees, insurance, and bonds that
support the requirements provided by the City Code. The two on-sale, 3.2 percent malt liquor
and wine license establishments have a CPA statement attesting to their gross food sales of 98-99
percent. All on-sale intoxicating liquor establishments have provided their CPA statement
attesting to a minimum of 40 percent gross food sales or 30 percent for a restaurant and a
bowling center for the year 2009. Just for information purposes, our highest gross food-to-liquor
sales is King's Restaurant at 95 percent. Lowest is the Short Stop Fridley at 40 percent. Highest
volume of calls is Baggan's Pub at 1.06 calls for service for every $10,000 of revenue. They will
recall the Police Department actually created that gauge to provide some performance indicators
regarding the number of calls. The lowest volume of calls is for the India House at .002 calls for
service for every $10,000 revenue they generate.
Mr. Pribyl stated the Police Department has reviewed the renewal applications and conducted
the background investigations. Two establishments received a violation for selling liquor on
Christmas day which is in violation of City Code. Those being Short Stop and Baggan's Pub.
Underage consumption issues have been addressed with Two Stooges Bar and Grill due to
failure of one liquor compliance check.
Mr. Pribyl said City staff inet with the owners and managers of Baggan's Pub on a quarterly
basis to review the type and volume of calls for service due to stipulations placed on the 2009-
2010 license. The calls deescalated after August as required. They did make note of two
stipulations earlier that actually do apply to this agenda item. This would be the appropriate time
to discuss those. With that staff is actually recommending approval of the liquor license with
those two stipulations discussed earlier.
Councilmember Varichak said they indicated that King's had the highest numbers of food sales
at 95 percent. She noticed that Chris and Rob's was 99 percent.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 11
Ms. Skogen stated they used King's because it is an intoxicating liquor license, so it is the full
complement of alcohol vs. a wine and strong beer license for Chris and Rob's or the India
House.
Councilmember Saefke stated he has a question on the conditions that they have in regard to the
Baggan's Pub liquor license. He asked if the dates needed to be changed.
Mr. Pribyl replied, the dates can be changed.
Councilmember Saefke stated staff wanted to make sure they were clear in that the same type
of stipulations carried forward. He said they all know that the Camden Avenue bridge will be
closed for a minimum of six months. The Lowry Avenue bridge is being reconstructed so that
the crossings available over the Mississippi River will either be I-694 or the Plymouth Avenue
bridge. He will be interested to find out the effect of the limited access on Baggan's Pub. He is
disturbed by the 89 calls for Baggan's. That is a lot compared to the other establishments in the
City.
Mayor Lund asked whether they were at a point where they wanted to look at revocation of
Baggan's license with those calls.
Councilmember Saefke asked the Public Safety Director to provide his recommendation and
describe the nature of calls at Baggan's.
Don Abbott, Director of Public Safety, stated in reaching their recommendation which was to
ultimately approve renewal, they reviewed the records from last year when they had conditional
license approval in April 2009 and renewal at a Council meeting on August 24, 2009. At that
time, they had noted a decrease in police calls. If that rate were to hold for all of 2010, they
expect 91 calls in 2010. They wanted Baggan's to stabilize the number of police calls at the new
lower level and avoid any severe calls or a string of violent calls. In 2010, they have had 22 calls
for service; and none of those calls have been of a serious assault. They did have one shortly
after the Council meeting in August where a fight involved a male pulling out a knife and
inflicting some minor injuries on another patron. He believed the two were cousins or related in
some other way. They have had no such assaults since that time.
Chief Abbott stated if this rate continues for the year, they would expect to see 79 calls. Their
review of the data shows that they have met the requirements the City set in August. The calls
have not only stabilized but appear to have decreased. That is why they have signed the approval
for their license at this time. They would support the continuation of the conditions of license,
specifically Nos. 2 and 3 from Resolution No. 2009-0175 dated May 5, 2009.
Councilmember Saefke asked Mr. Pribyl if all of the license holders were notified of renewals.
Mr. Pribyl replied, yes. The application identified this Council meeting as the renewal date.
Councilmember Saefke asked if they need any concurrence from Mr. Bisek on these conditions.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 12
Mayor Lund replied, he did not think so. He would think they set the conditions of the license.
Councilmember Saefke stated he means give him the choice to either withdraw his application
or accept the conditions.
Councilmember Saefke asked Chief Abbot if he was just recommending that Stipulation Nos. 2
and 3 be continued.
Chief Abbot replied, just Stipulation Nos. 2 and 3.
MOTION by Councilmember Saefke to approve the liquor license for William Bisek d/b/a
Baggan's Pub at 3720 East River Road NE with the following conditions:
1. If there are any significant changes in the operation of the business or in the overall
order, peace, and safety of the location, this will be grounds for a public hearing for
immediate license revocation by the City.
2. Any serious crime occurring prior to the August 24 review is grounds for an
immediate public hearing for license revocation by the City.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Saefke to approve the liquor license renewals. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
9. Licenses.
Councilmember Saefke stated with respect to LivInn Suites' request for a motel/hotel license,
he just wanted to bring to the attention of Council some concerns of residents who live in that
area. Several weeks ago there was a stabbing that took place, and the perpetrator headed off and
hid in a nearby tree. This is not the first incident of this nature. There has been a fugitive
running away from a bondsman which our officers helped catch which included multiple
jurisdictions of police and police dogs. He really understands the nervousness and fright that can
happen when these events occur, especially in a residential neighborhood of people who have
lived there quite some time. He would like a report from Chief Abbott. If the City cannot
revoke their license the area residents would like to know why. He would like to have the City
Attorney state the reasons why there cannot be a revocation at this time and under what
conditions there could be.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 13
Don Abbott, Public Safety Director, said with respect to LivInn Suites, overall they have noticed
an increase in calls for service in 2009. When they look at the calls for service, there has been a
noticeable decrease of the more serious calls, the aggravated assaults which are felony assaults,
notwithstanding the recent knifing incident. Pulling that one incident out, the numbers of
aggravated assaults and robbery have decreased. They have gone from 9 in 2007 down to 0 in
2009 and 1 so far in 2010. What they have seen is an increase in police activity.
Chief Abbott stated they have been providing a lot of extra attention there over the last year.
Officers are going in and proactively looking at who is registered at the motel and checking them
for warrants and making warrant arrests. They accomplish two things by that type of response,
one, a lot of times he thinks they get, people who tend to engage in criminal activity to the point
where there are warrants arrested and put into jail and out of the hotel and out of Fridley. The
other thing is the word then on the street becomes, if you are wanted, and you come to LivInn
Suites, the Fridley police are going to come knocking on your door and taking you to j ail.
Chief Abbott stated when you look at the criminal justice system initiated calls, basically it is
the Police Department doing their own proactive police work or responding to requests from
other police departments to perhaps check LivInn Suites for somebody who is wanted out of
their community. Those are approaching 50 calls of those 155 calls that they had last year.
What they see is an increase in some of the more damage to property or theft calls. A lot of
times the victims of the thefts are guests of the hotel themselves. Some of the medical public
assist are if someone needs to go to a crisis center or something. Those types of calls have
increased.
Chief Abbott stated they had a conversation today to confirm their observations with the overall
manager. The manager did tell them that in 2009, their occupancy or their nights of bookings
had increased over 29 percent. That is nearly a 30 percent increase. They have surmised that
could be the result of economic factors. It is an extended stay hotel. It is the Police
Department's belief that people are using it for that purpose in these economic times.
Chief Abbott stated the management has been very responsive. If the Police Department has an
issue, they talk to them and it is resolved fairly quickly. They continue to communicate with
them and provide them with police reports. While they are not meeting with them on a regular
basis, they do meet from time to time. The Police Department does support their license renewal
at this time.
Councilmember Saefke asked the City Attorney to give them the criteria for revocation and
whether or not any standards here are being met.
Attorney Knaak replied to him the standards are being met and they are standards the Council
have set. Any kind of a license that is an annual license and is routinely renewed creates a
property interest in the person who holds the license. If you decide to take away the license, you
are taking away in essence a property right. Council has the right to do that because they
regulate hotels. However, if you are going to take it away, you have to have a reason and it does
have to be related to health and safety. If you fail to do it, you will be taking something from an
entity without justification and creating possible liability for the City.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 14
Attorney Knaak stated in this particular case you have somebody who had some problems.
What they are authorized to do and in fact what they did do is set up objective criteria. In other
words they set it up so they could essentially fail if they did not do what they told them to do.
Had they failed to meet the standards the Council set up for them, Council would have had a
basis to revoke the license and it would have been undisputed. In this particular case, having set
up those criteria, there is another side. If they have met those standards, do they have the power
to take away the license? Yes, they do, but they set themselves up for an argument that they are
acting arbitrarily and capriciously.
Attorney Knaak stated in this case, as he understands it from the Police Department's report,
what they have is a license holder who in fact is complying with the restrictions that were
imposed. One of the things he thinks the Mayor is suggesting is do they want to continue with
those restrictions, continue the stringent review, and continue with the direction of additional
compliance. There is certainly nothing wrong with that. It is in their power, and that is
something they are reasonably entitled to do. If they set up the criteria and they are meeting the
criteria, as much as there might be some people who want this business to disappear, by pulling
the license Council is exposing the City's to liability for taking something in an arbitrary way.
As a practical matter, what it means, is that they are following the standards and restrictions
Council has imposed upon them, and under those circumstances, Council really cannot take the
license from them.
Councilmember Saefke said if they took it away from them, they would set themselves up for
possibly a large lawsuit.
Attorney Knaak replied, yes, a large lawsuit where there is a fair likelihood they would lose.
Councilmember Saefke stated that kind of explains what their position almost has to be right
now considering the recommendation of the Police Chief and the legal opinion from the City
Attorney.
Mayor Lund stated it is on staff's radar screen, as well as Council's and the Police
Department's. They have to meet the restrictions imposed by Council and if they fail repeatedly,
that gives them the basis to pull or revoke their license. We want to make sure we are going to
be on the prevailing side.
Councilmember Saefke said he just wants to make sure that the people who are affected by this
establishment know that the City understands their feelings about it
William Burns, City Manager, stated thing, and he thinks the City Attorney would probably
concur, is quite a large percentage of cases are settled. He thinks in Anoka County it is 98
percent of all criminal cases actually never go to court, they are settled. He thinks the percentage
is right up there for civil cases as well. Insurers tend to want to settle, and so you want to be very
careful in what you are doing and making sure that you are not setting yourselves up for not
necessarily a court case that you are going to lose and lose drastic amounts of money, but also
setting yourself up for a situation where you are forced into a settlement situation which is quite
frequent.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 15
Mayor Lund asked Chief Abbott if there were any of the conditions staff was not performing.
Specifically regarding Stipulation No. 6, is staff ineeting with LivInn staff on a quarterly basis?
Chief Abbott replied they are not having regular meetings. He would ask that the language of
that stipulation be modified to "as needed." Either side can request it. They do handle a lot of
things with telephone calls and with them stopping in and picking up copies of reports, etc. The
rest of those stipulations as found on the document dated April 16, 2009, can stay in effect.
Councilmember Saefke asked what a serious crime was.
Chief Abbott replied, a serious crime would be typically a crime in the felony level--aggravated
assaults, homicide, kidnapping, criminal sexual conduct to list a few. Rather than listing
everything that could be a serious crime, we went with just a more general description of serious
crime.
MOTION by Councilmember Saefke to approve LivInn Suites' license for the period of May 1,
2010, through Apri130, 2011, at 5201 Central Avenue with the following stipulations:
1. The City expects continued reduction in the number of calls for police service and a
further reduction in the seriousness of incidents.
2. LivInn Suites will not accept cash payments for any room rental. All room stays will
be charged to a credit card. Currently overnight rentals may be paid in cash and
backed up by a credit card on file.
3. LivInn Suites will comply with the registration requirements of Minn. Stat. Ch. 327.
Hotel staff will gather all personal identification on each guest and provide that in a
format that allows police to check registered guests for wants and warrants.
4. LivInn Suites will review websites and other media commonly used by prostitutes to
ply their wares and compare their photos and other features against their current
guests.
5. The City expects continued cooperation from LivInn Suites staff.
6. Staff will meet with LivInn staff on an as needed basis.
7. Staff will provide a report to Council on a quarterly basis or as needed.
8. Any significant changes in the operation of the business or in the overall order, peace,
and safety at the location could result in an immediate action by the City.
9. Any serious crime may result in an immediate license action by the City.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Saefke to approve the licenses as submitted and as on file.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 16
12. Informal Status Reports.
Councilmember Barnette stated he would like to encourage more people to ride the commuter
train to the baseball games. If people would like to know when the trains run, etc. they can go to
the following website: metrotransit.org.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:10 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
April 26, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra Skogen, City Clerk
Apri120, 2010
The Second Reading of an Ordinance Amending Fridley City Code Chapter 4.
Absentee Ballot Board
The Minnesota State Legislature recently adopted legislation that has been signed into law by the
Governor becoming effective immediately. Part of the new legislation requires that Absentee Ballot
Boards be established and provides the duties of the Board pertaining to the processing of absentee
ballots. The City of Fridley adopted language in 2006 appointing an Absentee Ballot Board to work
in conjunction with Anoka County.
Staff has reviewed the language and proposes to amend the city code to have it refer to the state
statutes for the duties and appointment of the Board. The City Council held the first reading of this
ordinance on April 12, 2010.
Staff recommends holding the second reading of an Ordinance Amending Fridley City Code
Chapter 4. Absentee Ballot Board.
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 4. ABSENTEE
BALLOT BOARD
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:
FRIDLEY CITY CODE
CHAPTER 4. ABSENTEE BALLOT BOARD
4.02. DUTIES
The Absentee Ballot Precinct Board shall:
1. Perform the duties of an Absentee Ballot Board required bv Minnesota Statute 203B.121.
2. May work in conjunction with the County during any state primary or general election to
provide election judges to the County who mav assist �T��" ����'�+�+� the absentee ballot board to
process the City's absentee ballots.
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4.03. MEMBERS
The Absentee Ballot Board shall consist of a sufficient number of election jud�es a�pointed as
provided in Minnesota Statute 204B.19 to 204B.22.
� �
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26t'' DAY OF APRIL 2010.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
First Reading: April 12, 2010
Second Reading: Apri126, 2010
Publication: May 6, 2010
� AGENDA ITEM
� COUNCIL MEETING OF APRIL 26, 2010
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� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 26, 2010
��F LICENSES
FRIDLE7`
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Peddler's License Window Concept's Public Safety
Christopher T. Jones
Anthony Strouth
Kevin Schmitz
Phili Johnson
Lawful Gambling Permit Tamarisk, Inc. City Clerk
June 25 & 26, `49er Da s Rachel Leshovsk
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 26, 2010
��F LICENSES - RENEWAL
FRIDLE7`
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Tobacco Sales Fridley Liquor Community Development
6289 Highway #65 & Fire Inspector
248 57t'' Ave Public Safety
K le Birkholz
Food, Tobacco, Retail Gas Bona Brothers Food & Fuel Community Development
John Bona Fire Inspector
Public Safet
Stop N Save Community Development
Abdelqader Ali Dawoud Fire Inspector
Public Safet
Food Establishment Taste of Thailand Community Development
Toun Thanare Fire Inspector
Public Safet
Ricky's Embers Community Development
Joseph S. Rickenbach Fire Inspector
Public Safet
Burger King #13091 Community Development
Duke S King Acquisition Corp. Fire Inspector
Wend Mathison Public Safet
Uncle Buddy's Minneapolis Community Development
Style Pizza Fire Inspector
Thad Michael Hunter Public Safet
Fridley Alano Society Community Development
Jeff L. Walstrom Fire Inspector
Public Safety
Old County Buffet #2 Community Development
Gregory M Tjosvold Fire Inspector
Public Safet
TYPE OF LICENSE APPLICANT APPROVED BY
Food Establishment Grandpa's Ice Cream Community Development
Michael Simmons Fire Inspector
Public Safet
Dairy Queen Community Development
Matt Frauenshuh Fire Inspector
Public Safet
Pa Pa Murphy's Pizza Community Development
Fire Inspector
Public Safet
JCB dba Chanticlear Pizza Community Development
Joel Hunt Fire Inspector
Public Safet
Refuse Hauler Atomic Recycling & Solid Public Safety
Waste Recycling Coordinator
Reed Lewis Cit Clerk
Walters Recycling & Refuse Public Safety
George Walter Recycling Coordinator
City Clerk
Waste Management Public Safety
Julie Radermacher Recycling Coordinator
City Clerk
Massage Therapy Mona Wigen Public Safety
Cit Clerk
Deanna Hawkins Public Safet
Cit Clerk
Amy Ritter Public Safety
Cit Clerk
Tree Removal Terra's Canopies Tree Public Safety
Service Public Works
Phili Castano
TYPE OF LICENSE APPLICANT APPROVED BY:
P& C Tree Service Public Safety
Christo her Daniels Public Works
Junk Yard Sam's Auto Parts Community Development
Barry Hoosline Fire Inspector
Public Safety
Buildin Ins ector
Managerial Liquor AMF Maple Lanes Public Safety Director
Dis ensin Jeffre S. Miller
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 26, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
A 1 Heatin and Air Conditionin Heatin Gerard Sturm Ron Julkowski, CBO
Aabott Ferraro Heatin Nicholas Steckhahn Ron Julkowski, CBO
Aabott Ferraro Gas Nicholas Steckhahn Ron Julkowski, CBO
As halt Drivewa Co Blackto Rochelle Chorlton Ron Julkowski, CBO
Cente oint Ener Gas Joann Zinken Ron Julkowski, CBO
Cente oint Ener Heatin Joann Zinken Ron Julkowski, CBO
GTS HVAC Inc Heatin Gre Sundb Ron Julkowski, CBO
Collins Electrical S stems Inc Si n Erector Alan Boe Ron Julkowski, CBO
Industrial E uitites LLP Commercial or S ecialt John Allen Ron Julkowski, CBO
Kraus Anderson Construction Co Commercial or S ecialt Jerold Dreis Ron Julkowski, CBO
Larson Plumbin Inc Heatin James Larson Ron Julkowski, CBO
LBP Mechanical Inc Heatin Timoth Ha es Ron Julkowski, CBO
Let's Get Gra hic Creations, Inc Si n Erector Miss Miller Ron Julkowski, CBO
Mobile Maintenance Inc Commercial or S ecialt Ste hen Witzel Ron Julkowski, CBO
Mobile Maintenance Inc Heatin Ste hen Witzel Ron Julkowski, CBO
Mobile Maintenance Inc Gas Ste hen Witzel Ron Julkowski, CBO
Mr Rooter Plumbin Heatin John Wilder Ron Julkowski, CBO
Pierce Refri eration Heatin Linda Sewald Ron Julkowski, CBO
Pierce Refri eration Gas Linda Sewald Ron Julkowski, CBO
Qualit Refri eration Inc Heatin Bob Forder Ron Julkowski, CBO
South-Town Refri eration Heatin Dan Anderson Ron Julkowski, CBO
St Cloud Refri eration Heatin Michael Fitch Ron Julkowski, CBO
St Cloud Refri eration Commercial or S ecial Michael Fitch Ron Julkowski, CBO
The Plumbin Pro LLC Heatin Brian E en Ron Julkowski, CBO
Yale Mechanical Gas Jennifer Martindale Ron Julkowski, CBO
Yale Mechanical Heatin Jennifer Martindale Ron Julkowski, CBO
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FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 26, 2010
ESTI MATES
Colt Construction
285 Forest Grove Drive
Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST 2007-4
Estimate No. 10 .................................................................................... $ 26,477.84
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
April 26, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
March 29, 2010
Public Hearing on Proposed Amendment to Fridley City Charter Chapter 4. Nominations
and Elections, pertaining to Date of Primary Election and Canvassing
In 2009, the United States Congress adopted new legislation requiring a period of 45 days for
absentee ballot voting for the military and overseas voters. In Minnesota, we have required a period
of 30 days. To accommodate this law the Minnesota State Legislature adopted legislation which the
Governor signed into law in February as MN Chapter 184. This legislation moves the date of the
State Primary Election from September to August as well as some other election administration
issues, including absentee ballot voting and canvassing election returns.
After reviewing Section 4.03 of the Fridley City Charter in relation to the Primary Election, the
Charter states, "On the first Tuesday after the second Monday in September..." Staff amended the
language to show a date established by Minnesota State Law, should at some day in the future the
Primary be changed again.
In addition, Section 4.08 pertains to the canvassing of elections. NIN Chapter 184 requires all
absentee ballots to be handled by Absentee Ballot Boards rather than being totaled at each precinct on
election day. Absentee Ballot Boards will now be given one additional day to count all absentee
ballots and those totals will be added to the totals from election day. Due to this change, state law
was amended requiring state, county, city or school district primary elections to canvas on the third
day after the primary election, rather than up to three days and between the 3rd and lOth days for the
state general election, rather than up to seven days.
Staff drafted an amendment by ordinance and brought these issues to the Charter Commission for
their review. On March 22, 2010, the Charter Commission unanimously approved the amendment by
ordinance and recommended the amendment be forwarded to the City Council for adoption.
Minnesota Law requires a public hearing notice to be published within one month of receiving the
proposed amendment and the notice must contain the text of the proposed amendment. A public
hearing notice, as shown in Attachment 1, was prepared and was published in the Fridley Sun Focus
on April 1 and 8, 2010.
Staff recommends holding a public hearing on an ordinance proposing to amend Chapter 4 of the
Fridley Charter.
Attachment 1
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
(Legal Publication)
Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday, April 26,
2010 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley, Minnesota, for the
purpose of taking public testimony on the following proposed amendment to the City Charter:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER PERTAINING TO
PRIMARY ELECTIONS
The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review,
examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.03. PRIMARY ELECTIONS.
�*'�° �r�* T„°��'�� ��e� *��s �' "'��r�'�� ;r ce�te�e� �There sha11 be a primary election, on the date
established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the regular
municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be
held every even numbered year, if necessary.
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office, the Council � must meet and canvass the primary election returns
�T ;*'�;r *�T ��'" on the third calendar days after any primary election. The two candidates for each office who
receive the highest number of votes sha11 be nominees for the office named. Their names shall be certified by the
city clerk to the county auditor who shall place them on the municipal general election ballot without partisan
designation. The Council sha11 meet and canvas the general (regular) election or special election retums �
�� between the third and tenth calendar days after any regular or special election, shall make full declaration
of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes.
This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective
ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots
used; (e) the names of the judges of election; and (fl such other information as may seem pertinent. The City
Clerk sha11 forthwith notify all persons elected of the fact of their election, and the persons elected shall take office
at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath
of office. (Re£ Ord. 1252)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF
2010.
Scott J. Lund, Mayor
Atte st:
Debra A. Skogen, City Clerk
Any persons desiring to be heard shall be given an opportunity at the above stated time and place.
Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-572-3523.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Monday, April 19,
2008. The TDD number is 763-572-3534.
Dated this 26t'' day of March 2010.
/s/ Debra A. Skogen, City Clerk
Published in the Fridley Focus News on April 1 and April 8, 2010.
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
April 26, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Apri120, 2010
Second Reading of an Ordinance Amending Chapter 30 Lawful Gambling of the
Fridley City Code Defining Licensed Organizations
In December of 2009 the Mayor brought concerns from some of the Fridley organizations who
want to conduct charitable gambling, but can't seem to find a location in the city, nor in
neighboring cities. Staff surveyed eight cities and found seven cities had restrictive language
requiring organizations to be located within the City.
Based on these concerns, staff discussed the issue with the City Attorney and the City Council to
prepare an ordinance for their review in February. After further discussion with the City Council
and City Attorney, staff made a few more revisions of the ordinance.
The City Council held the first reading on March 29, 2010, and directed staff to notify the liquor
establishments and current gambling organizations of the proposed changes. Letters were mailed
out on March 30, 2010 to all liquor establishments and to the organizations currently conducting
lawful gambling within the City.
The City Council reviewed the ordinance on April 12, 2010, and took additional information
from the public.
Shaun Donahue, Spring Lake Park (SLP) Lions read a letter opposing the ordinance and
providing information about past donations to the City. If anything, they would like to see an
exemption added to the ordinance for charitable organizations that might directly or primarily
benefit the citizens of Fridley without being a local organization.
Wendy from SLP Youth Hockey Association said that 10% of their membership comes from
Fridley because it is an older community and there are fewer young people. They donate to the
high schools for boys and girls hockey. They are concerned they just signed a lease with
Broadway Pizza and due to the lower membership of Fridley residents, they may not be able to
stay. Mike Schrauth, Broadway Pizza, had interviewed four organizations and chose an
organization that had membership within 3 to 5 miles of his establishment to bring in more
business. He said in the years he has been at Broadway he had not received one call from a
Fridley organization wondering if he might be interested in another organization. He said
Fridley Park and Recreation had already asked the SLP Youth Hockey Association for a
donation for warming houses. He said he did not think the membership would change unless the
City got more involved in the ice rinks and providing warming houses.
Robert McNeal, Fridley American Legion was concerned that the city has moved the 50% of
expenditures in the trade area to 75% and was concerned that they and the VFW may not be able
to support veteran's causes.
Tom Myhra of the Fridley School Foundation said they are still discussing whether or not they
would like to get into the charitable gambling business.
A motion was made to table the ordinance to the next meeting so the council could determine
whether or not any amendments should be made to the ordinance.
Staff recommends removing the ordinance from the table and holding the second reading of an
Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed
Organizations, as shown in Attachment 1.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 LAWFUL GAMBLING OF THE FRIDLEY
CITY CODE DEFINING LICENSED ORGANIZATIONS
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:
CHAPTER 30. LAWFUL GAMBLING
30.01 STATEMENT OF POLICY
The City of Fridley deems it desirable to regulate lawful gambling within its jurisdiction as
authorized by Minnesota Statutes Section 349.213. The Citv finds that, for the purposes of
�reater supervision and access of information, a more restrictive requirement for the location of
licensed or�anizations to those located within the Citv is in the interest of the health and safetv of
the citizens of the Citv of Fridle�
30.02 DEFINITIONS
The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter.
Licensed organizations in the City of Fridley may be permitted to conduct lawful gambling or
use any gambling device allowable by Chapter 349.
Licensed Or�anizations
In order to be eli�ible for a premises permit, an or�anization must meet the followin�
requirements:
A. The activities of the or�anization directiv or primarilv benefit the citizens of Fridle�
B. One-third of the or�anization's members reside in the Citv of Fridlev. The or�anization
must file a list containin� the names and addresses of all current members with each new
application for a premises permit; and annuallv thereafter with the citv clerk; or the
or�anization must have had a principal business or operations location in the Citv of
Fridlev for a continuous period of at least one vear immediatelv precedin� the permit
request and must maintain such a location to conduct business as lon� as the or�anization
operates lawful a� mblin� activities in the cit�
C. Or�anizations that are currentiv conductin� lawful a� mblin� in the Citv of Fridlev who
do not meet the requirements above shall be allowed to conduct lawful �amblin� until
April 30, 2012 or until their Lease for Lawful Gamblin� Activitv expires, whichever
occurs first.
Ordinance No.
30.03. REGULATIONS
Page 4
Licensed organizations conducting lawful gambling within the City of Fridley shall
expend ° seventv-five percent 75%� of its expenditures for lawful
purposes conducted or located within the City of Fridley trade area. The Fridley trade
area is limited to the City of Fridley and each city contiguous to the City of Fridley.
2. Licensed organizations conducting lawful gambling within the City of Fridley must
file a copy of monthly gambling board financial reports to the Fridley city clerk.
.,,�.�;,,,. „ ,-.,�;,,,,� ; o ��,.,,, �.,,,, r „ ��,o r;�.,
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2010.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading. March 29, 2010
Second Reading:
Publication:
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 26, 2010
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FRIDLE7`
INFORMAL STATUS REPORTS