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CCA 05/12/2014 � � CITY COUNCIL MEETING OF MAY 12, 2014 C�TY dF 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) CONFERENCE MEETING (5:00 P.M.1 1. Goals and Objectives. 2. Discussion with Anoka County Parks Committee 3. TOD Grant Update. WORKSHOP— CANCELLED CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: National Police Week: May 11-17, 2014 Peace Officers Memorial Day: May 15, 2014 ...................................................... 1 Public Works Week: May 18-24, 2014................................................................... 2 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Board of Appeal and Equalization Meeting of April 14, 2014 - ...................................................................................... 3 5 City Council Meeting of April 28, 2014 - .................................................................. 6 26 FRIDLEY CITY COUNCIL MEETING OF MAY 12, 2014 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 28, Carnivals ..................................................... 27 - 31 NEW BUSINESS: 2. Claims (163732 — 163931) .......................................................................... 32 -47 3. Licenses ....................................................................................................... 48 - 52 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA. OLD BUSINESS: 4. Resolution Waiving Requirement for Non-Qualifying Organization and Supporting the Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza, Located at 8298 University Avenue N.E. (Ward 3) (Continued April 28, 2014) ............................................................................ 53 - 107 5. Informal Status Report .................................................................................. 108 ADJOURN. � ` CITY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 12, 2014 ?:00 p.m. - City Council Chambers Attendance Sheet Please nrint name. address and item number vou are interested in. Print Nam,e (Clearlpj Add�re�s Item N'o. '� � ,��,'� �Ur,,,, 5 , S"I i,�', �I`� � �� . � y � �, - - � '��')U�l �'f ��`f'�L Cd�'' ✓ �� _ �_� �E ��Y �`S� S .��:;�;:��r `�4�, �c,S S i✓/�c�' �C-�C'4[i�� (�C � l�iC<�z C��� tC=�IZ �� C� v ` v�" ���r� `.(c,,/�,��, 2. �tl � Cv,;�.:�. �� �,��fu�s ���c-�..% `,/ n �,�{ �>' `� .p-�.� � „y ���Z,�.�. FRID�Y NATIOI�IAL POLICE WEEKt May i�-i7, Zo�4 �t� PEACE OFFICERS MEMOItIAL DAYt May is, Zoi4 WHEREAS, the quality of life in the United States is preserved and enhanced by the diligent efforts of our law enforcement personnel; and WHEREAS, 900,000 men and women in the United States, including more than 9,500 Minnesota peace officers, and 38 Fridley police o,f�`'tcers serve their fedlow citizens as law enforcement o,fJ`'icers; and WHEREAS, Minnesota has lost 249 law enforcement officers in the line of duty since 1874 and the national toll exceeds 20,000 fallen o,ff icers; and WHEREAS, 45 peace officers across the Nation were killed in the line of duty in the past year; and WHEREAS, every year, 1 out of every 9 peace o,f�jtcers is assaulted, 1 out of every 25 peace officers is injured, and 1 out of every 4,400 peace officers is killed in the line of duty; and WHEREAS, on average natianally, over 58,000 offcers are assaulted resulting in over 15,000 injuries; and WHEREAS, on May IS, 2014, Fridley police officers will join all U.S.peace o,f,�'icers and the families of their fallen comrades to honor those o�cers and all others who have made the ultimate sacrifice: NOW, THEREFORE,BE IT RESOLYED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim May Il through 17, 2014, as National Police Week, and Thursday, May 1 S, 2014, as Peace O�cers Memorial Day in the City of Fridley in honor of Federal, State and local o�j'icers killed or disabled in the line of duty;and BE IT FURTHER RESOLVED, that I hereby cald upon the citizens of Fridley to keep our law enforcement o„�'icers in their thoughts during this time and to observe Peace Offtcers Memorial Day with solemn respect. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Ciry of Fridley to be affixed this 12`h day of May, 20�4. Scott J. Lund,Mayor 1 � • /"�l /1 PUBLIC WORKS WEEK May s8-Z4, Zoi4 WHEREAS,Public Works facilities and services provided in our community are an integral part of the everyduy lives of our residents and businesses; and, WHEREAS, such facilities and services could not be provided without the dedicated and often unheralded efforts and skills of Public Works professionals, engineers, managers, and employees from the City of Fridley and its Public YYorks partners, who are responsible for and who plan, design, build, operate, and maintain our facilities and services; and, WHEREAS, the support of an understanding and informed citizenry is vital to the e�`'icient operation and maintenance of Public T�'orks systems essential to serve our residents and businesses, such as water supply and treatment, sewers and draznage, streets and highways, public buildings,parks maintenance, and facilities maintenance; and, WHEREAS, the health, safety, and comfort of this community greatly depends on the quality and effectiveness of these systems and the services they provide; and, WHEREAS, the e�'iciency of the qualified and dedicated personnel who staf�`'Public Works departments is materially influenced by the public's cooperation, support, and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of May 18-24, 2014, as: PUBLIC WORKS WEEK in the City of Fridley, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing Public Works services, and to recognize the contributions the City's Public Works Department personnel make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 12`�' day of May, 2014. Scott J. Lund, Mayor 2 BOARD OF APPEAL AND EQUALIZATION MEETING CITY OF FRIDLEY APRIL 14,2014 The Board of Appeal and Equalization meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Mary Smith, City Assessor Patrick Maghrak, Appraiser Alex Guggenberger,Anoka County Mary Smith, Assessor, introduced Alex Guggenberger of Anoka County, and Patrick Maghrak, Senior Appraiser. She said the meeting was held in accordance with Minn. Stat. Sec. 274.01. The purpose of the Boazd is to establish a consistent appeal procedure for the January 2, 2014, valuation or classification. Upon hearing appeals, the Board has three courses of action: to affirm, reduce, or increase the current value based on information presented. If the property owners feel the Board did not resolve their concerns, they may bring their case to the County Board of Appeal and Equalization which will be held on June 16, 2014, at 6:00 p.m. The responsibilities of the Board aze to have the majority of the members in attendance to have a quorum. There must be at least one member who has attended an appeal and equalization course approved by the Commissioner of Revenue within the last four years. Ms. Smith stated if a property is omitted from the tax rolls, it may be added by the Board. The Board may increase or decrease the values of individual properties. The amount of a Board reduction cannot exceed 1 percent of the citywide aggregate assessment. If the Board finds a case of undervaluation, it may raise the valuation of the property; but it must first notify the owner. The Board must complete and adjourn within 20 days from the time it convened. The appeal procedure is as follows: To hear property owners that are present and accept any information provided. Direct staff to review the property. Written appeals will be read once property owners who are present have completed their appeal. 3 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 14,2014 PAGE 2 Ms. Smith said there was a significant turnaround in the real estate market during 2013. According to Northstar MLS, sales volume in Fridley rose by 16.8 percent and the average sales price was up over 18 percent. There were 168 qualified residential sales that occurred in Fridley from October l, 2012, through September 30, 2013. These sales involved single-family homes, townhomes, double bungelows, and condominiums. Upon review of these sales for the state ratio study, it was determined that in order to bring the City assessment within the sta.te's recommended range of 90 to 105 percent, there would need to be increases to both structure and land. The changes that occurred were structure rates, experiencing increases of 14.5 to 17 percent, depending on the structure type. Nearly all single-family land zones required an increase in the land value. These changes created an increase of 16.93 percent in total residential value. Ms. Smith stated as to commercial and industrial, upon review of the sales, countywide increases of 5 percent in structure rates were warranted. Once this change took place, a decrease of 5 percent on land was necessary in Fridley to achieve a 95 percent ratio. After application of these adjustments, commercial and industrial properties increased by 6.87 percent. Ms. Smith stated the apartment sales were also reviewed, and it was determined an increase would be necessary to achieve a 95 percent ratio. This increase created a year-over-year increase of 1.58 percent in Fridley. Ms. Smith stated to surrunarize, the 2014 assessment is evidence of a significant turnazound in the real estate market and is typical of increasing values in all jurisdictions within Anoka County. Sales within the first six months of the 2015 assessment study period have been strong with 171 sales taking place. The sale price ranges are as follows: there were 21 sales for $100,000 or less; 118 sales from $100,000 to $200,000; 28 sales from $200,000 to $300,000; 3 sales from $300,000 to $400,000; and 1 sale over $400,000. 1VIs. Smith stated when compared with the first six months of the 2014 assessment, the average selling price is up 17.53 percent. Councilmember Bolkcom asked what"relative sale-related business" meant. Mr.Maghrak, Senior Appraiser, stated that if a father sold to a son, it would not be considered a fair market sale because there might be an interest in giving your child a break on the property. Mayor Lund asked Ms. Smith if anyone had contacted her regarding their mazket valuation. Ms. Smith replied,yes. Mayor Lund asked if any of them planned to come to the meeting. Ms. Smith replied,they were all handled by telephone call or a visit out to the house to review. MOTION by Councilmember Barnette to close the Local Board of Appeal and Equalization meeting. Seconded by Councilmember Varichak. 4 BOARD OF APPEAL AND EOUALIZATION MEETING OF A.PRIL 14.2014 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNt�NIMOUSLY AND THE MEETING WAS CLOSED AT 6:38 P.M. Respectfully Submitted, Denise Johnson Scott J. Lund Recording Secretary Mayor 5 CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 28,2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saeflce Councilmember Bolkcom OTHERS PRESENT: Julie Jones, City Planner James Kosluchar, Public Works Director Don Abbott, Director of Public Safety Deb Skogen, City Clerk Wally Wysopal, City Manager Darcy Erickson, City Attorney Michael Schrauth, Broadway Bar and Pizza Amanda Jackson, Spring Lake Park Lions Bradley Sielaff, Fridley Lions Steve Linder, Spring Lake Park Lions Jim Glazer, 16 Rice Creek Way APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of Apri114,2014 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Charter, Chapter 3, Procedure of Council, Section 3.03, rules of Quorum and Procedure; Section 3.04, Ordinances, Resolutions and Motions; Section 3.05, Procedures on Ordinances; and Section 3.07, Signing, Publication and Retention of Ordinances, Resolutions and Motions. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1314 ON SECOND READING AND ORDERED PUBLICATION. 6 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 2 2. Second Reading of an Ordinance of the City of Fridley, Minnesota, Amending City Ordinance No. 1095, the Prevailing Hours of La6or and Prevailing Wage Rate on Certain Projects for or With the City. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Receive the Minutes from the Planning Commission Meeting of Apri116,2014. Councilmember Varichak stated page 20 should read, "Chairperson Kondrick called the Planning Commission meeting to order at 7:00 p.m." RECEIVED AS CORRECTED. 4. Special Use Permit Request, SP #14-02, by Schmidt Osborne, LLC, to Expand their Existing Outdoor Starage Area, Generally Located at 100 Osborne Road, and Resolution Approving Special Use Permit, SP #14-02, for Schmidt Osborne, LLC, the Property Owner for the Property Located at 100 Osborne Road N.E. (Ward 3). Wally Wysopal, City Manager, stated on Exhibit B to the Resolution, Stipulation No. 1 should say Exhibit C rather than Exhibit B. APPROVED SPECIAL USE PERMIT, SP #14-02, AND ADOPTED RESOLUTION NO. 2014-35 AS COR.RECTED. 5. Resolution Supporting an Application for LCDA Tax Based Revitalization Account Grant Funds for 5300 Central Avenue N.E.; and Resolution Approving a DEED Contamination Cleanup Grant Apptication for 5300 Central Avenue(Ward 1). Mr. Wysopal asked that this item be removed. THIS ITEM WAS REMOVED. 6. Receive Bids and Award the Alternate Bid for the 2014 Street Improvement Project No. ST. 2014-01. 7 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 3 Mr. Wysopal stated staff recommends the City Council move to receive the bids and award the alternate bid to Astech Corporation in the amount of$1,506,453.48. APPROVED. 7. Appointment- City Employees Mr. Wysopal stated there are three positions: Gary Buhlman, Sewer Lead person; Jason Wiehle, Lead Water person; and Andrew Todd, Police Inspector. Mayor Lund stated two existing members of the City's Public Works staff aze going into new positions. Is the City going to be filling their positions? Mr. Wysopal replied the City will not be. Those are positions created through the restructuring of the Public Works Department. They will be serving as lead positions, one within the Water Division and one within the Sewer Division. � APPROVED. 8. Claims (163576 - 163731); 1404 (ACH Pcard) APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimate Sunram Construction 20010 - 75th Avenue N.E. Corcoran, MN 55340 Main Street Bike/Walk Project No. ST2011-22 Estimate No. 1.............................................................$ 1,843.38 APPROVED. APPROVAL OF CONSENT AGENDA: Councilmember Barnette asked that Item Nos. 2 and 5 be removed. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item Nos. 2 and 5. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 2. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. OLD BUSINESS 11. First Reading of an Ordinance Amending Fridley City Code, Chapter 28, Carnivals (Continued Apri114,2014). Debra A. Skogen, City Clerk, stated a review of Chapter 28 found there was no general liability insurance requirement to operate a carnival in the City. A small cash deposit of $200 was required for cleanup of the mechanical ride section of the carnival. There is no indemnification holding the City harmless against any health claims that might arise from the operation of the carnival. After reviewing the requirements from other cities, staff proposed the following changes: • Create a definition to what a carnival consists of and where it can be located. Staff has shortened the definition so that it is mechanical amusement rides or other mechanical devices and included circuses. • Changing the word, "premises" to "private or public property" throughout the chapter so that it is consistent. • Requiring the property owner to provide an acknowledgment of the use of property as part of the license application, allowing the City to set conditions for a carnival license. It would require comprehensive general liability coverage to protect the City and the licensee against liability for injuries or damages. This insurance coverage would be provided by the carnival itself, and it would require the licensee to obtain and maintain workers' compensation required by applicable Minnesota Statute. It would also require the certificate of insurance name the City as an additional insured on the certificate. • A cash deposit of$200 is being increased to $3,000 for the operation, removal, and cleanup of the mechanical amusement ride area. Cash bond is returned after completion of proper cleanup of the premises and removal of the carnival operation. 9 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 5 • An indemnification agreement provided to the City prior to the issuance of a license requiring the licensee to defend and hold harmless the City from any and all claims. That form will be about a two-page form, very short, and would be for the carnival operator. Ms. Skogen stated staff recommends a motion holding the first reading of this ordinance. Councilmember Bolkcom asked if there is a reason they indicate only "outdoor event". What if the carnival is indoors? Ms. Skogen replied staff tied it outdoor event mechanical amusement rides, because if a school were to have it, they most likely will not have mechanical rides. Councilmember Bolkcom asked, what about a circus? Ms. Skogen replied staff tried to tie it to outdoors. Councilmember Bolkcom replied why? Ms. Skogen replied part of that was because of some of the questions that were raised about carnivals. They thought about exempting schools, but then they started talking about churches and some other things and thought they would just shorten the definition. Councilmember Bolkcom stated at the bottom of the first page of the resolution, the word "or" should not be there. Darcy Erickson, City Attorney, stated the word should be replaced with "and" to show there is a serial list of requirements. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 12. Resolution Waiving Requirement for Non-Qualifying Organization and Supporting the Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza, Located at 8298 University Avenue N.E. (Ward 3). Mayor Lund removed himself from this item as he has personal interest being a member of the Fridley Lions Club. He handed over the chair to Mayor Pro Tem Robert Barnette. 10 FRIDLEY CiTY COUNCIL MEETING OF APR1L 2812014 PAGE 6 Deb Skogen, City Clerk, said Minnesota state law requires lawful gambling organizations to apply for a State premise permit and obtain a resolution of support from the City they will be conducting the business in. The City received a premise permit application from the Spring Lake Park Lions for Broadway Bar and Pizza. The Spring Lake Park Youth Hockey was previously conducting lawful gambling at Broadway Bar and Pizza, but their lease agreement ends at the end of April. Ms. Skogen stated Fridley City Code, Sec. 603.25.2.E, requires an establishment to seek a qualifying organization. Section 30.01.1.B defines a qualifying organization as one having a third of its membership residing in the City or one having a principal office or business in the City for a continuing period of at least one year. If an establishment is unsuccessful at locating a qualified organization, they shall attest to that fact on their liquor license application. City Council may waive this requirement for a non-qualifying organization. Ms. Skogen stated Broadway Bar and Pizza interviewed five organizations, two of whom are qualified organizations. They interviewed the Fridley American Legion, Fridley Lions, Spring Lake Park Lions, Minnesota Youth Athletic Services, and the St. Paul Firefighters. After meeting with the five organizations, Broadway Bar and Pizza determined the Spring Lake Park Lions was the best fit for their establishment. Ms. Skogen stated the Spring Lake Park Lions recently conducted lawful gambling at the Shorewood Restaurant until it closed April 3. Broadway Bar and Pizza and Spring Lake Park Lions are asking the City to grant a waiver allowing them to conduct lawful gambling in Fridley for a non-qualifying organization. Ms. Skogen stated staff contacted the Minnesota Gambling Control Board and found there are no outstanding issues, no open investigations, and no compliance issues or citations. Therefore, staff recommends the City Council discuss the proposed waiver with the Spring Lake Park Lions and Broadway Bar and Pizza. If the City Council agrees to a waiver, adoption of the resolution in support of the premise permit would be in order. Councilmember Bolkcom asked if there aze charitable organization applicants in the community who qualify. Ms. Skogen replied yes. Councilmember Bolkcom asked the owner of Broadway Bar and Pizza, to explain the second pazagraph of his letter: "We are asking that a portion of their donations be presented to a Fridley organization, to benefit the community operated in." Michael Schrauth, Broadway Bar and Pizza, said he provided the City with additional information. The business had been in the community long enough to know the community supports the restaurant. By having the restaurant support the communities, they in turn gain business, revenues, etc. They would like the organization they choose to give back to the community. The Spring Lake Park Lions seem to have done that in the past to specific Fridley 11 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 7 organizations, and he felt they were a good choice. He felt some of the other organizations had not been as successful. Councilmember Bolkcom asked how he knew that. She asked if they asked the candidate how much they made on their charitable gambling. Mr. Schrauth replied the charitable gambling is a matter of public record. Councilmember Bolkcom asked if they made that part of their decision. Mr. Schrauth replied,yes. Councilmember Bolkcom stated it is hard for her to waive this when there is an organization that resides in their community. If she remembers the discussion back when they made the decision as to how they do things, if there was no organization that was in Fridley that met the qualifications, then they had an avenue to waive it so they could have an outside organization. She feels once they waive this, what would prevent another eating establishment from wanting it waived. It seems there are good candidates in Fridley. Mr. Schranth replied he was not going to tell her the candidates are insufficient or bad. He is asking because he thinks the organization they choose will do the best job. They demonstrated some points of difference. They are operating across the street from Spring Lake Park. The organization has a good handle and understanding of the kinds of needs their guests have because they draw from the same community. They also perform very well in the charitable gambling arena. They bring in things that are not the usual forms of gambling. Their bingo is successful because they are doing innovative and interesting things. He feels the participation they have been able to draw will help his restaurant. Councilmember Bolkcom asked if it would do the opposite once people knew they were not supporting the Fridley Lions. Mr. Schrauth replied he thinks they will find there are enough organizations in Fridley that are being benefited by donations from the Spring Lake Park Lions. He referred to a letter listing organizations the Spring Lake Park Lions are directly donating to. Councilmember Bolkcom asked if during their interview process, they went back to the Fridley Lions and asked them how they could do things different. Mr. Schrauth replied there was a lot to be said about the presentation that was made and what their interests were. However, he did have a good lengthy conversation on the telephone with an active member of the Fridley Lions. It was important for the Fridley Lions to understand what they are doing right now that is successful and compare that to what the Spring Lake Park Lions aze doing right now that is successful and determine if they can transfer those successes to their business. The long-term effect and the biggest interest of his establishment are the revenues. The underlying factor is whether the community and the organizations that have needs are being helped by the Spring Lake Pazk Lions, who has demonstrated that in the past. If you concentrate 12 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 8 on those kinds of things, the revenues will come, because you want those people to come. The Spring Lake Park Lions aze donating to different community organizations in Fridley and aze operating at a Fridley restaurant. The community does benefit. Councilmember Bolkcom asked Mr. Schrauth if people came to his establishment because of the food and the atmosphere. Does he think a huge draw would be the different types of gambling that takes place? Mr. Schrauth replied by and lazge 90 percent of the people are coming there for food. There may be some who just have an interest in the gambling. He would like to retain the foad business they have and expand in some other areas. He has had mild success with the charitable gambling operations that have operated there. Councilmember Bolkcom asked if he felt people would stay around longer because they would participate in some new gambling opportunity. Mr. Schrauth replied, yes. In some cases, they come for the gambling opportunities. MOTION to receive a letter from Amanda Jackson of the Spring Lake Park Lions dated April 28, 2014. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, WITH THE MAYOR ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette stated he was on the Council when they agreed to pass the ordinance, and there was a lot of emphasis at that time to benefit Fridley organizations, i.e., VFW, American Legion. He is a little bit leery of a waiver, as long as there were some other Fridley organizations that were involved in this. There were at least two. He would like to hear a little more from the Fridley organizations as well. He asked Mr. Schrauth whether they interviewed both the American Legion and the Lions. Mr. Schrauth replied, yes. There were also organizations that were outside the Fridley area. Councilmember Bolkcom asked Arnanda Jackson to summarize her letter. Amanda Jackson, Spring Lake Park Lions, stated she has been the gambling manager at the Spring Lake Park Lions for not quite a year. During that time, they were operating out of the Shorewood in Fridley and they had good rapport with them. They are asking the City to consider the Spring Lake Park Lions. Councilmember Bolkcom stated the manager from Broadway Bar and Pizza is asking that a portion of the donations be presented to a Fridley organization to benefit the community it is operated in. Is there a percentage that has been discussed? 13 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 9 Ms. Jackson replied they have not discussed any figures or amounts. She did bring to his attention all of the money that Spring Lake Park Lions has donated directly to Fridley. 5he said some of the donations in 2012 and 2013 were to the Fridley '49ers; $1,000 to the Anoka County Library, Fridley Branch on Mississippi; $1,000 to Lee Carlson Center; three times to the Meals on Wheels in Fridley and also to the Springbrook Nature Center. They are also big supporters in District 16, and about 1,450 students from District 16 are Fridley residents. Councilmember Bolkcom asked Ms. Jackson if she meant scholarships. Ms. Jackson replied various different scholarships (they have a scholarship fund), they donate to the robotics team, and community ed. The list of what they donate to the school is very long. Councilmember Bolkcom asked if all that money was coming from their gambling profits. Ms. Jackson replied yes. Everything listed is from their lawful gambling proceeds. Councilmember Bolkcom stated but, again, like the $1,000 to CEAP, they are not just for Fridley. It is for surrounding communities such as Columbia Heights. Ms. Jackson replied, they donated $5,000 to SACA which is exclusive to Spring Lake Park, Fridley, and Columbia Heights. Bradley Sielaff, Fridley Lions, stated he is gambling manger for the Fridley Lions; and they are a qualified organization. He does not understand how a non-qualifying organization can get a permit ahead of a qualifying organization. He has a charitable gambling report from 2013 which goes to the legislature that is issued by the Gambling Control Board. MOTION by Councilmember Bolkcom to receive the 2013 Lawful Chazitable Gambling Report from Bradley Sielaff. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, WITH THE MAYOR ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Sielaff compared the Fridley Lions and the Spring Lake Park Lions. The important part of lawful purpose expenditures shows the amount of money donated to charitable causes, the percentage of everything that goes to charitable causes and what ta��es are paid. Lawful purpose expenditures are charitable donations plus t�es. For the Fridley Lions, 52 percent has gone to lawful purpose expenditures. Under charitable giving the Fridley Lions donated $218,000 in the fiscal year starting in July 2012 to June 2013. They have contributed more than 50 percent of that just inside Fridley alone. Fridley Lions has donated more to Fridley than 5pring La1ce Park Lions has donated in total. They are committed to Fridley and spend a lot of money in Fridley. Councilmember Bolkcom asked Mr. Sielaff to tell them some examples. Mr. Sielaff stated they give outside Fridley, too. They give a lot of money to Anoka County. 14 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 10 They give a lot of money to the Fridley School Foundation, Youth in Government. They donated $20,000 in this fiscal year to Springbrook Nature Center. They donate to the City of Fridley for Winterfest, Safety Camp, and also to Fridley '49er Days. T'hey gave out $40,000 last year in scholarships which were distributed to all Fridley residents, even a few outside the Fridley School District. They donated money to Fridley Women of Today, the Historical Society, Athletic Fridley Youth Sports Association, Wrestling Boosters, swimming teams, community theater, and Stevenson Elementary and Hayes Elementary carnivals. Councilmember Bolkcom asked Mr. Sielaff whether he was part of the interview team. Mr. Sielaff replied, yes, he interviewed with the general manager, but only after he found out from one of the members. He was interviewed at the end. Councilmember Bolkcom asked Mr. Sielaff whether he was aware that every year they are supposed to let the City Clerk know the Fridley Lions is qualified and available. Mr. Sielaff replied he did not. He thought they were. They are now on a list to be notified. Councilmember Saefke stated the way he read the ordinance, he did not see it as an option for the owner to pick and choose if there is a qualified community organization that has a gambling permit. It would only apply if there were no qualifying organizations, but that was not the case here. Mr. Sielaff stated he was really concerned about providing a waiver because it would be precedent setting. Any organization could then come in and take on a gambling operation. Councilmember Varichak stated she agreed that if there were no Fridley organizations interested then they would go with a waiver. Mr. Sielaff stated he understood that is what happened at Shorewood because they left the site, and he thought the American Legion decided not to go there. Steve Linder, President and CEO of the Spring Lake Park Lions and also the gambling manager of the Fridley American Legion, said he interviewed with Travis from Broadway Bar and Pizza. They talked about the different organizations that applied and interviewed. If he were an owner of a business in Fridley, he would also look at the track record of the different organizations, what they have accomplished, and what new things they have done in the community. Spring Lake Park Lions has added eTabs, and Coach Bingo, where they give a Coach purse away. They have averaged 300 people per session for that. He said he did tell Travis the Fridley American Legion is a good organization, but he thinks the Spring Lake Park Lions has a better program. Ms. Jackson has done a great job in the year she has been with the Spring Lake Park Lions. He said if an organization drops two businesses in a year because they were not making enough money, that is a problem. The Spring Lake Park Lions got out of Shorewood because the restaurant closed. The Spring Lake Parks Lions are looking to make more money to give back to both Spring Lake Park and Fridley. 15 FRIDLEY CITY COUNCIL MEETING OF APRIL 28L?014 PAGE 11 Councilmember Bolkcom asked Mr. Linder if he could explain the difference in the percentages on the charitable gambling report. Mr. Linder replied he cannot. Ms. Jackson could. Ms. Jackson stated the difference in their expenses is because they have full-time office staff. Her full-time job is strictly to be a gambling manager. They also have a full-time assistant gambling manager. That is how they have been able to come up with some different types of events and put a lot of time and effort into planning them, because it is their job. The other things they are doing, which aze costly but worthwhile, is they use a point of sales system with computers. If their pull tab sellers need any help, if they are struggling with computer problems, there is one of them always on call who can help. They have surveillance systems they can access from their iPhones. They are just a little bit ahead of charitable gambling, and that does take some expense that others have not talcen on. They also have an office and a warehouse in the back they rent every month. Councilmember Bolkcom asked Ms. Jackson about the charitable percentages and what is given back. Ms. Jackson replied, right now they made $108,000 profit for last yeaz. They have given away $78,000 with a good chunk of money to give eventually. All the money they make they give back to the communities. They do have money which they hold onto because it is a hard business. Sometimes you lose $20,000 in a month. They are always prepared if they have 2, 4, 6 bad months where they are not making any money. Councilmember Bolkcom stated but she sees a big difference between the Fridley Lions and the Spring Lake Pazk Lions as faz as the money that is actually going back into the community. Ms. Jackson stated, when they operated out of the Shorewood, it was not a No. 1 site. They never came out ahead. They were able to pack the place and had bingo players playing on the floor. Maybe they did not make a profit there but they certainly tried. However, they did help the baz and also brought in tax money. Councilmember Bolkcom stated she is still having a hard time trying to figure out why the City Council should waive the restriction. There are two organizations in Fridley who fit the criteria. Ms. Jackson replied she applied twice for a permit at the Shorewood. Not an issue was brought up to get them into the Shorewood because the Fridley organizations did not want it. Now they have a bar owner who wants their organization and wants to implement some of the new things they are doing that their competitors are not doing. If the Fridley Lions wanted all of the sites including the sites that are not generating money, then she can see it. She did not think it would be an issue. T'hat is why she approached Broadway Bar and Pizza. Mr. Schrauth stated he understood the spirit of not issuing the waiver and setting a precedent, and he understands the spirit of the legislation the City passed. However, as an owner of a business trying to be successful in a tough world and environment, there are a number of things 16 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 12 coming up such as the minimum wage, the need for insurance, the increased costs of product, all take their toll. His interest is to survive and improve his business. If the City wants to make this kind of legislation, the City should offer more organizational choices than just two when deciding who is qualified before it offers a waiver. Councilmember Bolkcom stated first of all, the City does not have bars. It just has restaurants with intoxicating beverages licenses. The City has existed like this for a very long time. The City has fewer restaurants. Some of them are gone. She asked Mr. Schrauth whether he could not work with the charitable manager for the Fridley Lions and do some of those same innovative things that are out there. Mr. Schrauth replied they would prefer someone who had demonstrated their ability to do this already. He was not an expert, and he is not the one who comes up with the ideas. That is why it is nice to have a full-time manager overseeing those kinds of things, making it profitable for themselves and generating more business. Councilmember Bolkcom stated it is hard for her to look at the charitable percentages that went back to her community from one organization versus the other one. If Mr. Schrauth came back to them in a year and said, it is just not working, she could maybe see having a waiver. Mr. Schrauth stated as to the allowable expenses, the $362,000, multiplying that times two is where you come into the $700,000. The difference between the two looks to be $300,000; and the difference between the chazitable giving, the $508,000 versus the $388,000 is about $112,000. This is interesting to him because the allowable expenses are dictated by the State. It looks like the Fridley Lions operates more efficiently as they have less allowable expenses; however, some of them are things that are happening that are good today. They may be paying higher wages to their people who are working in operations, etc. Maybe you can be more efficient and give more money, but there are other things that need to be looked at,too. Councilmember Bolkcom replied she is only looking at the bottom line. Councilmember Saefke stated Mr. Schrauth's primary purpose there was as a restaurant, not a gambling establishment. Gambling is a privilege the State grants through the City ordinance. It was not written so an owner can pick and choose who it wants. The City made this ordinance so its local organizations can get first bid. One of the reasons it exists the way it does is because other communities excluded Fridley's organizations from even attempting to do gambling within their communities. Mr. Schrauth's business would not depend upon pull tabs or bingo, it would depend upon his service and quality of food. Costs will go up and he is sure Mr. Schrauth will pass those on to his customers in order to operate and provide himself a net profit so he can stay in business. Jim Glazer, 16 Rice Creek Way, stated he is a member of the Fridley Lions. He asked Mr. Schrauth if he ever looked at the percentages for the previous charitable gambling organization. Also, did Mr. Schrauth ever ask the people to perform better? Can Spring Park Lake Lions double the rent or pay him more money? Did Mr. Schrauth he have a problem with the other people because of poor performance. He asked if Mr. Schrauth could explain why they left. 17 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 13 Mr. Schrauth replied it is his understanding the Spring Lake Youth Hockey had a number of losses of businesses. There is a connected restaurant, the Shorewood operation they were in, which was their most successful operation. There was Nicklow's. They were maintaining their business there. It is not his intent to think that another operation is just going to come in and do the same. That is the reason they chose Spring Lake Park Lions because they thought they would be successful. Councilmember Bolkcom said she would like to malce a motion to continue this item until the next meeting so they can review the minutes from when they added the waiver and also have a discussion and a findings of fact. MOTION by Councilmember Bolkcom to continue the Resolution Waiving Requirement for Non-Qualifying Organization and Supporting the Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza, Located at 8298 University Avenue N.E. to the May 12, 2014, City Council meeting. Seconded by Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, WITH THE MAYOR ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Vacation Request, SAV #14-02, by Trident Development, LLC, to Vacate the East Half of University Avenue Service Drive, South of 61st Avenue, to Allow for the Redevelopment of the Properties Commonly Referred to as Gateway NE, Now Being Called Gateway Commons; and Resolution Vacating the East Half of the University Avenue Service Drive, Formerly Known as State Street to Allow for the Redevelopment of the Gateway Commons Properties, Generally Located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061 and 6071 University Avenue NE, Petitioned by Trident Development, LLC, and the City of Fridley's Housing and Redevelopment Authority (Ward 1). Julie Jones, Planning Manager, stated the petitioner is requesting a preliminary plat to allow redevelopment of the "Gateway Commons" properties located between 5831 and 6071 University Avenue, for the Cielo Apartment Development. Ms. Jones stated for the purposes of financing the new buildings, there needs to be separately platted parcels for each building. To achieve the redevelopment according to the approved Master Plan, the east half of the University Avenue Service Road needs to be vacated as well as a series of easements, including street, utility, drainage and sidewalk that exist on the property today. New drainage and utility easements will be dedicated as part of the plat requested for "Gateway Commons". 18 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 14 Ms. Jones stated the project will include 3 buildings, with the Phase I building starting on the corner of University Avenue and 61 St Avenue. The Phase II and Phase III buildings will continue south on the remaining properties. Ms. Jones stated the entire apartment community will have 259 apartment units within the 3 buildings and each building will be 4 stories, with 3 stories of living space above indoor, ground- level parking. Ms. Jones stated the plat will combine 42 small lots into 3larger lots, for each building proposed to be built as part of this development. The lots will be legally described as: Lot lA, Lot 1B, Lot 1C, Lot 2A, Lot 2B, Lot 2C, and Lots 3A and 3B, Block 1, Gateway Commons. Ms. Jones stated the reason that Lots 1, 2 and 3 are split into A, B, and C is because some of the land to be replatted is Torrens property while other portions of it are Abstract. Anoka County's Examiner of Titles does not allow the combination of these different types of property. The City will require that all of the lots encumbered in Lots 1, 2 and 3 be combined for tax purposes so that an individual lot cannot be sold separately. Ms. Jones stated the road through the development will be privately owned and maintained. It will be accessed from the University Avenue Service Drive (south), 61S` Avenue (north) and by 60�' Avenue with a round-about. The round-about will be constructed to City standazds, but will be privately constructed and maintained. Ms. Jones stated the east one-half of the University Avenue Service Road (formerly State Street) needs to be vacated. Once vacated, the land will be turned over to the existing property owner, the Fridley HRA. The HRA is in the process of negotiating the purchase of the land currently with the petitioner. Ms. Jones stated the remaining half of the University Avenue Service Road that will not be vacated will provide adequate space for the construction of a new sidewalk and the extension of ornamental fence that currently exists along other portions of University Avenue. Both of which will be constructed by the petitioner to standards approved by the City and Mn/DOT. Ms. Jones stated there are also a series of easements, (street, utility, drainage and sidewalk) that need to be vacated for the project. The new plat of "Gateway Commons" will dedicate the necessary easements for right-of-way, grading, drainage and utility. Ms. Jones stated at the April 16, 2014, Planning Commission meeting, a public hearing was held for Street Vacation, SAV #14-02; Easement Vacation, SAV #14-03; and Plat, PS #14-03. All requests were unanimously approved. Ms. Jones stated City staff recommends concurrence with the Planning Commission on approval of street vacation request, SAV #14-02 and the accompanying resolution, and approval of easement vacation request, SAV #14-03 and the accompanying resolution. Staff recommends approval of Plat, #14-03, with one stipulation: The petitioner sha11 combine all lots encumbered in Lots 1, 2 and 3 prior to issuance of a building permit. 19 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 15 Councilmember Barnette asked, in putting in the service road back to service the garages, that will extend past 60th Avenue. Roger Fink, Trident Development LLC, replied he believed that is conect. Councilmember Barnette stated when you reach the current buildings that are done there, they have access on what is now the current service road. Can you go into their property from the petitioner's property? For example, if someone is leaving for work and they have to go out to 61 st, they go to 4th Street. Can you access into that property or is it going to be a cul de sac? Mr. Fink replied the plan calls for continued ability for their property to connect to and access the property to the south and vice versa. That connection will remain as it does now. They are just going to redirect the service road so it bends further to the east. Councilmember Barnette stated so people living in those apartments could go up there and go over to 60th and up to 4th Street or continue all the way to 61 St Mr. Fink replied they can. In working with City staff about this entire traffic design, they decided they will place signage at the entrance of their property notifying drivers they are entering private property and they are providing a turnaround space should they decide they are going the wrong way. Finally, it has been recommended by staff that signage be placed out on 57th notifying that turning off 57th and heading into the north there is not a "thru" street. � Councilmember Bolkcom stated in the minutes from the Planning Commission meeting, there is a question about when the roadway will be finished. Ms. Jones replied it is her understanding the private drive through the entire development will be completed with Phase I. Mr. Fink replied his recollection is with Phase I they would make the connection to 60`t' Avenue, the roundabout. The extension further to the south to connect with the existing roadway probably would not occur until a future phase. Councilmember Bolkcom asked Ms. Jones to summarize some of the questions that were raised during the Planning Commission meeting. There were concerns about the traffic and that people might try and go through this development and vice versa, to try to find their way out of the neighborhood. Ms. Jones replied,there were three points the gentleman brought up. One of his concerns was if people wanted to get out of this new development on 61st, there would be too much of a backup. Instead they would want to go south. Mr. Fink's explanation of how the development is going to occur as far as that private road only going up to the point of the roundabout is helpful, because when the first phase takes occupancy, those residents are not going to have the opportunity to go south and connect directly to 57th. People have established their habit on the route they take and, if they find the backup is too great on 61 st, then they will take the roundabout exit out to 60th; and they can get out on 4th Street onto 61 st that way. 20 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 16 Councilmember Saefke stated there is a typo on the second line of the Resolution title, page 84, it says "Knows" and should say "Known". MOTION by Councilmember Saeflce to approve Vacation Request, SAV #14-02, by Trident Development, LLC, and adopt Resolution No. 2014-36. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 14. Vacation Request, SAV #14-03, by Trident Development, LLC, to Vacate a Series of Easements (Including Street, Utility, Drainage and Sidewalk), to Allow the Redevelopment for the Gateway Commons Project, Generally Located on the East Side of University Avenue, South of 61st Avenue; and Resolution to Vacate a Series of Easements to Allow for the Redevelopment of the Gateway Commons Properties, Generally Located at 5831, 5865, 5895, 5905, 5625, 5943, 6005, 6041, 6061 and 6071 University Avenue NE, Petitioned by Trident Development, LLC, and the City of Fridley's Housing and Redevelopment Authority (Ward 1). MOTION by Councilmember Saeflce to approve Vacation Request, SAV #14-03, by Trident Development, LLC, and adopt Resolution No. 2014-37. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Preliminary Plat Request, PS #14-03, by Trident Development, LLC, to Allow for the Redevelopment of the Properties Generally Located on the East Side of University Avenue, South of 61st Avenue. The Proposed Development will Allow the Construction of Three Multi-Family/Senior Apartment Buildings, to be Called Gateway Commons (Ward 1). MOTION by Councilmember Saeflce to approve Preliminary Plat Request, PS #14-03, by Trident Development, LLC, with the following stipulation: 1. The petitioner shall combine all lots encumbered in Lots l, 2, and 3 prior to issuance of a building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 17 16. Approve Agreement for School Resource Officer between the City of Fridley and Northeast Metro 916 Intermediate School District. Don Abbott, Director of Public Safety, stated this is the contractual arrangement to provide a Fridley Police school resource officer to Northeast Metro Intermediate School District 916 for their Metro Heights Academy Alternative Learning Center. District 916 relocated their northeast metro alternative learning center (ALC), known as the Metro Heights Academy, to Fridley from Columbia Heights in the fall of 2013. Most of the students are from the Columbia Heights and Spring Lake Park school districts which include a significant number of students residing in Fridley. Chief Abbott stated Metro Heights Academy is located at 7122 University Avenue NE in the south end of the building housing Two Stooges to the north. Chief Abbott stated Metro Heights Academy is anticipating an enrollment of approximately 100 students for the 2014-2015 term. They currently have approximately 60 students at this time. Chief Abbott stated 916 staff approached the Police Department in December and requested a school resource officer to begin as soon as possible. The Police Department advised them the ' fall of 2014 would be the earliest they would be able to supply one. The ALC had a full-time SRO from the Columbia Heights Police Department when they were located there. Chief Abbott stated both 916 and the Fridley Police Department recognize the benefits of having a police officer assigned to ALC environments to maintain a safe learning environment, provide valuable resources to the school staff, foster positive relationships with youth, and develop strategies to resolve problems so staff can teach and students can learn. Chief Abbott stated 916 requested a full-time SRO to begin in the fall term of 2014, and 916 will cover 80 percent of the cost of the SRO on an annual basis over the next three years. The SRO will work at Metro Heights during the school year and will be assigned to patrol and detective duties as needed during the summer months. Chief Abbott stated under the term of the contract, the City will provide an experienced SRO to Metro Heights from its current staff. The Police Department would then hire a new police officer to fill the resulting vacancy in whatever division the SRO would come from. Chief Abbott stated the Police Department is establishing an eligibility list for new officers at this time for two other openings. This position would be filled from that new list. Chief Abbott stated the contract does include a six-month cancellation clause that can be exercised by either party. As to the terms of the agreement, in 2014 for the remainder of the year the City estimates (without knowing who the actual officer will be assigned), would be around $39,100. Revenue from District 916 would be $31,280. Chief Abbott stated the cost of a replacement officer for that time, including salary/benefits/supplies/training, is estimated at $40,930. The impact for this year is estimated at a net cost to the City of$9,650. For 2015, the salary and benefits for the SRO officer go up to 22 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 18 $121,150; 80 percent would be $96,920 as revenue from 916. The cost of the replacement officer would be $87,920, with an additional $9,000 leftover covering the new officer's salary. Chief Abbott stated in 2016, the figures are $126,538 for the new officer; $101,230 revenue from 916; and $100,450 for the replacement officer. Finally, the portion of the school year in 2017 the cost for the SRO is $66,113; $52,890 as revenue from 916; replacement officer, $52,485; leaving $405 leftover. Therefore, the costs fairly well cancel out over the three-year contract. The budget impact to the City's general fund is almost negligible at that point. Chief Abbott stated the City Attorney has reviewed and approved the agreement. District 916 has had the agreement for several days. They will be bringing this to their board meeting on May 6 for approval. Once those approvals occur, the Police Department would be ready to work with the 916 School District, select one of its existing staff inembers who has SRO experience to be assigned, doing so most likely for the duration of this three-year contract, and would like to be able to have the assigned SRO spend a little bit of time at 916 this spring before school is out before they are assigned to the three-year term starting in the fall. Chief Abbott stated staff recommends approval of the contract. They feel it is a good thing for the City to have an officer in that environment, and so does 916. Councilmember Bolkcom asked on page 115, 3.2.3, what does it mean, "by frequently visiting high-delinquency areas for law violators; and by observing matters. . . ."? Chief Abbott replied in the area around the ALC, it is possible a student could be truant or friends may want to come to try and visit the student or pick the student up after school or drop them off before school. What they are saying is the SRO has the ability to leave the building and patrol the nearby area which would include Community Park and some of the streets and the other business parking lots. Councilmember Bolkcom asked if most of the kids were bused to school. Chief Abbott replied they are primarily from the two school districts of Spring Lake Park and Columbia Heights. Other students from outside those districts come in on a contract basis. He said he was not sure how their transportation was arranged. Councilmember Bolkcom stated there aze no parking issues, as the students do not drive to school. . Chief Abbott replied they do not drive there. When he has been at the Business Center, it has very adequate parking and there are very few cars there during the school day. Councilmember Varichak asked whether the Fridley School District will still have the ALC program at the Community Center. Chief Abbott replied, they do; and they aze not a partner with this ALC. Fridley has and will still continue to operate their ALC at the Fridley Community Center. 23 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 19 Mayor Lund asked if District 916 encompasses a different geographical area or includes different school districts. Do they fall under the umbrella of 916? He always thought 916 was a district in St. Paul. Chief Abbott replied District 916 is an intermediate school district. They cover several other school districts in a geographical sense providing services contracted by those other school districts. By overlapping several school districts in their coverage areas, each of those school districts may contract with District 916 for services beyond what they provide in their district. Mayor Lund asked regarding the officer during the summer months,there is a 20 percent cost or timeline where they are not going to be at the school. This officer would be reassigned duties in the City when school is not in session. He estimates there would be about six weeks where the officer would be available for other duties. Chief Abbott replied they do limit the amount of vacation/annual leave time the SRO takes during the school year. When they come back to the City for other duties in the summer, approximately one-third of the summer is spent using that annual leave time. For roughly two months, the Police Department assigns them basically where they need them. This summer, because of staff openings, their need is in the patrol division and that is where the City's two SRO's from Fridley High School and Middle School will be working this summer. Mr. Wysopal stated the City did not ask for this Alternative Learning Center to be located in the City. It has no control over that. It fits the zoning district, and it went in as kind of a surprise. Second of all, the numbers work because the City appoints an experienced officer to that position, and that means 80 percent of an experienced officer compared to a new officer. It is the differential of wages from entry level to experienced that make the numbers work. Finally, if the Alternative Learning Center leaves as quickly as it came into town, the City has enough fluidity in its personnel staff, with retirements coming up, that it can abandon that program without having an additional person. Later in the year,the Council will be asked to amend the budget. MOTION by Councilmember Bolkcom to approve the Agreement for School Resource Officer between the City of Fridley and Northeast Metro 916 Intermediate School District. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Second Reading of an Ordinance of the City of Fridley, Minnesota, Amending City Ordinance No. 1095, the Prevailing Hours of Labor and Prevailing Wage Rate on Certain Projects for or with the City. Councilmember Barnette stated the prevailing wage ordinance has worked out very well for the City. Trident has some concerns in regard to that. He wanted to give a clarification to the public why this is different than an organization to come and ask for TIF financing which would then qualify for the prevailing wage ordinance. This is a trade-in for that. 24 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 20 Wally Wysopal, City Manager, stated the ordinance as it was created addressed a few of things. When there are certain situations where City funds are being used for a project when there is bonding being done, so that risk is spread out across the entire community; or if there are grants and loans that are being backed up by the full faith and credit of the City; or if there is tax increment financing that is going to pay for subsidy for the actual development. Mr. Wysopal stated it is not uncommon in some cities to actually subsidize the construction of the project so the City gets a certain standard being built. For example, the developer proposes to put up a wood structure and the City wants brick on the exterior. The developer says the added cost of the brick is costing so much money, therefore, he would ask for TIF money which comes from that project. Then it truly is a subsidy of the City. In this case the project is one where the developer also owns a lot of the contracting that will take place. They pay good wages and benefits to their employees in order to keep them because they move from project to project. The ownership of the project is going to be held by the developer and the contractors so it is going to be a good project. They want to make sure they build a good project and a quality ' project so it lasts and has minimal expenses. Mr. Wysopal stated it followed the essence of the ordinance that existed except for Subdivision 2(c), which said "Wages paid for all work performed on any project for a Developer in conjunction with the Developer's development of real property in the City, if the Developer purchases said real property from the HRA or City . . .." That is what is happening here. 'The developer is buying the property from the HRA, but that is it. They are paying market rate so anybody else can buy this property and do what the developer is proposing on it. This will be clarified by adding that phrase, "less than its fair market value." Mr. Wysopal stated this property was purchased by the HRA over time. It was cleared, prepped, made available; and the HRA incurred expenses to do those things. However, the developer is buying the property at fair market value. To compaxe it to a couple of other projects, such as the Northern Stacks project which has tax increment financing on it, of which that money is helping the developer build those buildings. Another project would be the one this developer built over on the old Sandee's site. That project received no City or HRA funding. It was not owned by the City so they were not aware of this ordinance, and that is what brought it up. Adding the phrase, "less than its market value" protects the City and the HRA. If we were to lower the price of that property by $1 a square foot, that would not be fair market value and, therefore,the developer would have to pay the prevailing wage. Mr. Wysopal stated the developer indicated they have many union subcontractors working with them, and they do intend to have those same union subcontractors working with them on this project. This change does not preclude the City from saying we do not want this to apply; therefore, whatever project, even if they are selling it at fair market value, we want it to be a prevailing wage project. The City retains that authority. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt Ordinance No. 1315 on second reading and order publications. Seconded by Councilmember V arichak. 25 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 21 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Informal Status Reports. Councilmember Bolkcom stated they approved the street project tonight. She asked Mr. Kosluchaz to let the businesses know that actually part of the contract was to do some of the work at night. Councilmember Bolkcom asked if the City crews could look at some of the City's bus stops. There is one going north between 60th and 61 st on East River Road, no one can sit at it. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND TIiE MEETING ADJOURNED AT 8:59. P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 26 ` AGENDA ITEM CITY COUNCIL MEETING OF F a°� MAY 12, 2014 To: Walter T. Wysopal, City Manager From: Debra A. Skogen, City Clerk Date: Apri129, 2014 Re: Second Reading of an Ordinance Amending Fridley City Code Chapter 28 Carnivals Last year a review of Fridley City Code Chapter 28 found there were no insurance requirements to operate a carnival in the City of Fridley. As the Fridley 49er Days location was changed to Medtronic, insurance information was requested for the Carnival to be located on Medtronic ProP�Y• Staff was asked to conduct a study and review of this chapter of the City Code. A review of surrounding communities found most cities do not regulate carnivals. The cities of Brooklyn Park, Columbia Heights, Ramsey and Robbinsdale were the only cities that had regulations. Staff reviewed the regulations and drafted an ordinance for the city attorney to review. The ordinance was scheduled for a first reading on April 14, 2014. The City Council had several questions and concerns and tabled the first reading to Apri128, 2014. Staff discussed the questions and concerns with the City Council and addressed those concerns to the city attorney. Based on those discussions, changes were made to the ordinance to incorporate the concerns. T'he proposed amendment redefines what a carnival is by defining it as outdoors with mechanical amusement rides or devices. It requires the application to include a written acknowledgement from the property owner consenting to the use of the property. The Certificate of Insurance, with the city named as an additional insured, is the guarantee that the carnival licensee's indemnification (the promise to pay for costs associated with the carnival activities, such as claims of injuries by 3rd parties would be paid). A sentence was added allowing the City Council to waive the bond or cash deposit for City carnivals associated with commemorating the City's history. For any other event, the bond or cash deposit would be returned upon proof of the cleanup of the premises and removal of the carnival operations. 27 The indemnification agreement would hold the City and its elected officials harmless from and against any and all claims arising out of the operation of licensee's carnival. An indemnification agreement will be created and attached to the license application. The first reading was held on Apri128, 2014 and there were no additional issues or concerns, with the exception of changing the word"or"to "and" in Section 28.03 Application. Staff recommends holding the second reading of an ordinance amending Fridley City Code Chapter 28 Carnival. 28 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 28 CARNIVALS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 28 related to Carnivals be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 28. CARNIVALS 28.01. DEFINITIONS � �+'„ '' ++ +' t. +l,o �t-,. �rtc e�m� �--ccrrirv � � ` •'� � - l, l. + 1 ��_Elf-6Ai}f�}f�PEl-El }'� rx�-�c�Pro '� °°°� 1 �9-i�t�F-F��iircrr�-ri icr � •7 F a �.1„�7;�a l. + + 1' --'+ ,7 + a + T � 1 '71 �� � �� � .�..a «l o „r� 1 Canuval A carnival is an outdoor event consistin� of circuses mechanical amusement rides or other mechanical attractions or devices which attract attendance of the nublic far their entertainment and pleasure. 28.A�02. LICENSE REQUIRED No person shall give or maintain any circus or carnival to which an admission is charged or for which admission fees are charged for any individual activities located on the �� rp opertv without securing a license therefor. 28.9� 03. APPLICATION Application for such license shall be made to the City Clerk at least thirt 30 �vw���f�}days in advance of the scheduled date for such circus or carnival. The application shall sta�e rop vide: • the full name and address of the applicant, • date, time, and location of the event,��as�a� • sponsors of the event, • owner of the�ropertv if different than applicant, • a written acknowledgement Consenting to the use of the property from the property owner if different than the applicant, • an executed indemnification a�reement; e� and • any other information required by the City. � �� , + - •� i: , �?�t���-{+tr�=t.�:�T�,—_ � 29 Ordinance No. Page 4 28.8�04. FEES � The license fee and expiration date shall be as provided in Chapter 11 of this Code. 28.94 O5. OPERATION Any operator or owner of a carnival shall maintain the�ropertv and the carnival and conduct said carnival operations��ses in a lawful manner. Said operator shall comply with all regulations and statutes of the State of Minnesota, shall not maintain any nuisance or noise on said premises, and shall not permit any intoxicating liquors or any immoral conduct or practices to exist on said premises. The City mav impose anv carnival license conditions or restrictions it deems necessarv or advisable in the public interest includin��but not limited to conditions relatin�to the hours of operation the exterior or outside li�htin�of the carnival propertv and associated parkin�. The CityCouncil may also reserve the ri t to impose any conditions or restrictions at any time after the issuance of a license hereunder should it become necessarv. 28.85 06. PROPERTY CONTROL 1. Any operator or owner of a carnival shall control and direct the traffic and motor vehicles entering and leaving its premises so that it does not interfere and block the orderly flow of traffic on the public highways adjacent to said���ses entering and leavin� carnival propertv and parkin� areas. 2. No trash, paper cups, papers or wrappers shall be allowed to be scattered on said premises. 3. No bottles, bottle caps or metallic articles shall be deposited or allowed to lay on the driveways and parking areas. 4. No motor vehicles shall stop or park on the shoulders of the public highway in the immediate vicinity of the said premises during the hours the carnival is in operation. 28.8b 07. INSURANCE AND BOND 1 Liability Insurance Reauirements The licensee shall obtain and keep in full force and effect occurrence form comprehensive �eneral liabilitv covera�e. Such covera�e shall include but not be limited to bodily injurv propert�dama�e—broad form and personal iniurv, for the hazards of Premises/Operation broad form contractual independent contractors, and productslcompleted operations to protect the City and the licensee against liabilitv for iniuries or dama�e sustained bv anv persons as a result of the operation of the carnival, includin�but not limited to operation of amusement rides The licensee shall maintain the insurance coverage with liability limits not less than$1,000 000 each occurrence and a$2,000,000 general a�gre�ate or the equivalent. 30 Ordinance No. Page 5 2. Workers' Compensation: The licensee shall obtain and maintain Workers' Compensation insurance in compliance with all applicable statutes. 3. Certificates of Insurance. Said licensee shall submit to the City Clerk satisfactorv certificates of insurance for the coverage reQUired above The Citv shall be named as an additional insured on said certificates of insurance. 4. A cash de osit or bond of three thousand dollars ($3,000.00��9A will be required to insure applicant has completed the proper cleanup of the premises following the removal of the carnival operations. The Ciri� Council mav wai��e the deposit or bond requirement for CitY carnivals associated with commemoratin�. the cit��'s histor��. 28.08. INDEMNIFICATION µ As a condition of�and t�rior to the Citv`s issuance of a license the licensee shall execute an indeinnification a�reement with the City. The licensee shall defend indemnify and hold harmless the Citv and its elected officials officers emplo e��ents and renresentatives from and a�ainst anv and all claims, including reasonable attornevs' fees and other costs and expenses of liti�ation, which mav be asserted a�ainst or incurred by the Citv for claims arisin�out of the operation of licensee's carnival. �-iolation of�a tern� of the licensee's license and Cit�� Code Chapter 28. 'i_'1.:o i; o 00 ��.,,i� ,,. •a ,�oa ,,,ao ;�,,.,�•„ oo e�.� ,-�„ ��, .;�r�.�u� r-�:..>>� : ,.�+�.o i;,,o„�of 28.9�09. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provision of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF MAY 2014. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Apri128,2014 Second Reading: May 12,2014 Publication: May 23,2014 31 � AGENDA ITEM � COUNCIL MEETING OF MAY 12, 2014 F�� CLAIMS CLA1 MS 163732 - 163931 �, 32 PREPARED OS/OS/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/Ol/2014 163732 AMERICAN TEST CENTER 1032 1,785.00 101-0550-425.43-40 04/22/2014 TESTING FOR A2 AND E2 214071 OS/2014 1,785.00 OS/O1/2014 163733 APACHE GROUP OF MINNESOTA, INC 1047 121.20 101-0666-435.42-22 04/18/2014 GARBAGE BAGS 172111 OS/2014 121.20 OS/O1/2014 163734 ADVANCE COMPANIES INC 1061 210.00 101-0881-465.43-40 04/17/2014 REMOVE GARBAGE ABATEMENT 8561 OS/2014 210.00 OS/O1/2014 163735 AT & T MOBILITY 1116 3,734.61 101-0333-415.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 111.41 101-0220-415.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 51.49 101-0440-425.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 1,418.00 101-0441-425.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 81.84 101-0550-425.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 308.85 101-0661-435.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 343.26 101-0669-435.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 103 .16 101-0880-465.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 99.84 101-0881-465.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 34.99 101-0882-465.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 101.41 101-0770-455.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 68.76 601-7000-415.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 169.06 W 602-7000-415.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 172.24 (N 101-0668-435.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 368.30 101-0666-435.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 267.01 101-0661-435.43-32 04/17/2014 CELL PHONES 154114X04252014 OS/2014 34.99 OS/O1/2014 163736 APACHE PRINT INC 1147 185.50 101-0770-455.43-35 04/24/2014 SR NEWSLETTER 45703 OS/2014 195.50 O5/O1/2014 163737 ABLE HOSE & RUBBER 1159 134.58 101-0000-144.00-00 04/10/2014 DISCHARGE HOSE,CLAMP #662 1857328 OS/2014 134.58 OS/O1/2014 163738 ASPEN MILLS INC 1161 1,433.09 101-0550-425.42-17 04/28/2014 UNIFORMS,NAME TAGS 148800-148804 OS/2014 1,433.09 OS/O1/2014 163739 ALLEN'S PERFECT PAINTING 1252 1,387.56 101-0550-425.43-40 04/24/2014 PAINTING STA 1 OS/2014 1,150.00 101-0550-425.42-22 04/24/2014 PAINT SUPPLIES OS/2014 237.56 OS/O1/2014 163740 ADAM'S PEST CONTROL, INC 1301 47.00 101-0660-415.43-40 04/25/2014 APRIL PEST CONTROL 877189 OS/2014 47.00 OS/O1/2014 163741 BOB'S PRODUCE RANCH 2O31 28,32 101-0881-465.42-21 04/28/2014 GARB HAULERS MTG SNACKS 175380 OS/2014 28.32 OS/O1/2014 163742 BRAKE & EQUIPMENT WAREHOUSE, I 2202 75.85 101-0666-435.43-40 04/28/2014 RECONDITION BRAKE ASSY 1309563 OS/2014 75.85 OS/O1/2014 163743 B.S.N. SPORTS 2227 1,585.47 101-0770-455.42-21 04/17/2014 SOFTBALLS 95994992 OS/2014 1,585.47 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMSER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/O1/2014 163�44 CUMMINS NPOWER, LLC 3048 166.51 101-0000-144.00-00 04/23/2014 AZR CLEANER ASSY 10036725 OS/2014 93.90 101-0000-144.00-00 04/23/2014 PUMP KIT 10036726 OS/2014 72.61 OS/O1/2014 163745 JEAN COYLE 3060 172.75 101-0770-455.42-21 04/24/2014 CAMPAIGN CHEER SUPPLIES O5/2014 172.75 i OS/O1/2014 163746 CUB FOODS INC 3127 25.12 270-0771-455.42-21 04/18/2014 SUET OS/2014 25.12 OS/O1/2014 163747 ROBERT CLAUSON 3153 4, 044.00 101-0880=465.43-40 OS/O1/2014 INSPECTIONS OS/2014 4, 044.00 OS/O1/2014 163748 COMCAST CABLE 3157 314.71 225-0000-415.43-40 04/23/2014 CABLE FEES 6210044545 OS/2014 314.71 OS/O1/2014 163749 C.D.W. GOVERNMENT, INC 3163 542.24 705-0000-415.45-60 04/14/2014 HP LASERJET PRINTER LF30828 OS/2014 382.04 705-0000-415.45-60 04/14/2014 REPLACEMENT USP BATTERY LD91905 OS/2014 160.20 OS/O1/2014 163750 CENTURY COLLEGE CONT EDUCATION 3171 20.00 101-0550-425.43-37 04/24/2014 REGISTRATION 541591 OS/2014 20.00 W A /O1/2014 163751 RICK CHASE 3281 40.00 101-0770-455.43-40 04/29/2014 CHORES/MORE OS/2014 40.00 OS/O1/2014 163752 CARVELLI DRAIN SERVICE & PLUMB 3310 590.51 601-7500-415.43-40 04/23/2014 TEMP WTR LINE HOOKUP 1011 OS/2014 590.51 OS/O1/2014 163753 E.C.M. PUBLISHERS INC 5001 1,101.30 237-0000-415.43-34 04/28/2014 SPRING RECYCLING EVENT 93659 OS/2014 375.00 101-0224-415.43-34 04/21/2014 LEGAL NOTICE-ORD 1313 95754 OS/2014 726.30 OS/O1/2014 163754 ENVIRONMENTAL EQUIP & SERVICE 5007 836.79 101-0000-144.00-00 04/23/2014 PARTS FOR SWEEPER 11085 OS/2014 836.79 OS/O1/2014 163755 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 1, 860.52 101-0550-425.42-25 04/24/2014 VEHICLE DOCKING STATION AW04091413A OS/2014 1,383.00 101-0550-425.42-25 04/24/2014 VEHICLE DOCKING STATION AW04091413B 05/2014 477.52 OS/O1/2014 163756 EMERGENCY RESPONSE SOLUTIONS,L 5103 316.45 101-0550-425.42-17 04/24/2014 SCBA HARNESS 1947 OS/2014 316.45 OS/O1/2014 163757 FIRST STATE TIRE RECYCLING 6041 138 .72 101-0669-435.43-40 04/25/2014 RECYCLED TIRES 2�000 OS/2014 138.72 OS/O1/2014 163758 FERRELLGAS 6056 12.00 101-0668-435.43-41 03/21/2014 CYLINDER RENTAL RNT5413311 OS/2014 12.00 O5/O1/2014 163759 FRIENDLY CHEVROLET,INC 6075 14, 905.29 101-0440-425.43-40 O1/11/2014 PAINT/MATERIAL FRT BUMPER 802381 OS/2014 462.00 PREPARED OS/OS/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 705-0000-415.43-40 03/18/2014 ACCIDENT REPAIRS #346 802543 O5/2014 11,643.26 101-0440-425.43-40 03/26/2014 ACCIDENT REPAIRS #381 804807 OS/2014 2,620.08 101-0440-425.43-40 03/24/2014 CLEAN BIO HAZ #383 810793 OS/2014 79.95 O5/O1/2014 163760 TERESA FARIS 6142 63.75 227-0000-415.43-40 04/28/2014 CHORES/MORE OS/2014 63.75 05/O1/2014 163761 GINNY SKYY FOXX 6146 45.00 101-1000-415.42-21 04/28/2014 WELLNESS REFUND OS/2014 45.00 OS/O1/2014 163762 GROTH SEWER & WATER 7146 2, 700.00 351-0000-475.43-40 04/25/2014 REPLACE WTR SERV MAIN 5804 OS/2014 2, 700.00 OS/O1/2014 163763 HYDRAULIC SPECIALTY CO 8031 357.83 101-0669-435.42-25 04/28/2014 CHARGING KIT 49387 OS/2014 357.83 OS/O1/2014 163764 HOME DEPOT/GECF 8052 z�z.z2 101-0550-425.42-22 04/21/2014 HARDWARE/STATION SUPPLIES OS/2014 190.34 101-0550-425.42-21 04/21/2014 PADLOCK OS/2014 17.96 270-0771-455.42-22 04/21/2014 SANDING BELTS,POLY OS/2014 53.21 270-0771-455.42-21 04/21/2014 DUCT TAPE OS/2014 10.71 OS/O1/2014 163765 HASCO TAG COMPANY 8086 313.87 W 101-0224-415.42-21 03/28/2014 LIFETIME DOG TAGS 19704 OS/2014 313.87 CII O5/O1/2014 163766 HAWKINS INC 8093 3, 967.70 601-7000-415.42-22 04/10/2014 WATER CHEMICALS 3582654 O5/2014 1,548.67 601-7000-415.42-22 04/17/2014 WATER CHEMICALS 3564915,3585044 O5/2014 2,419.03 O5/O1/2014 163767 AEIGHTS BAKERY 8170 23.75 101-0770-455.42-21 04/23/2014 CASINO EVENT DONUTS 131 OS/2014 23 .75 OS/O1/2014 163768 INFRATECH INC 9051 1,327.10 101-0000-144.00-00 03/19/2014 FLANGE CONNECTIONS V 662 1400117 OS/2014 1,327.10 OS/O1/2014 163769 INTERSTATE ALL BATTERY CENTER 9073 167.88 101-0440-425.42-21 04/11/2014 RECH BATTERIES 1902702000571 OS/2014 167.88 OS/O1/2014 163770 JEFFERSON FIRE & SAFETY, INC 10049 149.39 101-0550-425.42-22 04/28/2014 CIRCUIT BOARD MOUNT 205961 OS/2014 149.39 OS/O1/2014 163771 KATH FUEL OIL SERVICE 11014 694.98 101-0000-142.00-00 03/27/2014 SYN SW30 456829 OS/2014 480.00 101-0669-435.42-22 03/27/2014 WINDSHIELD WASH 456829 OS/2014 69.00 101-0000-142.00-00 03/27/2014 MOBIL MOBILITH SHC100 456830 OS/2014 145.98 OS/O1/2014 163772 K.F.D TRAINING & CONSULTATION, 11107 678.00 101-0440-425.43-37 04/07/2014 REGISTRATIONS O5/2014 678.00 O5/O1/2014 163773 MAC QUEEN EQUIPMENT INC 13006 153.45 101-0000-144.00-00 04/28/2014 GAS SPRING 2142933 OS/2014 153.45 PREPARED O5/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/O1/2014 163774 MINNEAPOLIS FINANCE DEPT 13033 2,800.80 101-0440-425.43-40 04/23/2014 MARCH PAWN FEE 400413004871 OS/2014 2,800.80 OS/O1/2014 163775 M.T.I. DISTRIBUTING CO 13046 549.70 101-0000-144.00-00 04/17/2014 SOCKET,IDLER,BELT 94970400 OS/2014 549.70 OS/O1/2014 163776 MINN DEPT OF PUBLIC SAFETY-B.0 13111 86.00 101-0440-425.43-40 04/23/2014 FINGERPRINT CARDS OS/2014 86.00 O5/O1/2014 163777 METRO SALES INC 13135 348.89 101-0661-435.43-35 04/24/2014 PRINTER USAGE 598793 O5/2014 348.89 OS/O1/2014 163778 M.C.F.O.A 13182 35.00 101-0224-415.42-21 OS/O1/2014 MEMBERSHIP DUES-SKOGEN OS/2014 35.00 OS/O1/2014 163779 M.C.F.O.A 13182 135.00 101-0224-415.42-21 OS/O1/2014 CERTIFICATION MMMC OS/2014 135.00 OS/O1/2014 163780 MINN FIRE SERVICE CERT BOARD 13229 20_00 101-0550-425.43-31 04/29/2014 RECERTIFICATION-WILLIAMS OS/2014 20.00 OS/O1/2014 163781 MENARDS - FRIDLEY 13256 600.96 W 601-7000-415.42-22 03/27/2014 IRRIGATION SUPPLIES 60007 OS/2014 354.25 01602-7000-415.42-21 04/18/2014 HEADPHONES/BATTERIES 61978 OS/2014 143 .93 101-0666-435.42-22 03/24/2014 RECIP BLADE,LUMBER 59716 OS/2014 84.29 601-7000-415.42-22 04/28/2014 6 PC 5/32 TO 1/2 X 6 62920 O5/2014 18.49 OS/O1/2014 163782 MINNESOTA METRO NORTH TOURISM 13416 3,568.81 606-0000-204.00-00 03/31/2014 MARCH HOTEL/MOTEL TAX OS/2014 3,568.81 OS/O1/2014 163783 N.S.R.M.A.A. 14028 50.00 101-0550-425.43-41 04/28/2014 FIRE SAFETY HOUSE RENTAL OS/2014 50.00 OS/O1/2014 163784 NORTHLAND CHEMICAL CORP 14102 201.28 101-0669-435.42-22 04/28/2014 HAND CLEANER 5053780 OS/2014 201.28 OS/O1/2014 163785 OUTSIDE MAINTENANCE, INC 15072 122.50 101-0660-415.43-40 04/24/2014 SHOVEL WALKS 11828 OS/2014 122.50 OS/O1/2014 163786 PETTY CASH 16020 500.00 237-0000-415.42-21 04/28/2014 RECYCLING EVENT CHANGE OS/2014 500.00 OS/O1/2014 163787 PRINT CENTRAL 16067 2,434.36 237-0000-415.43-35 04/21/2014 RECYCLING POST CARDS 103910 OS/2014 2,434.36 OS/O1/2014 163788 PIONEER RIM & WHEEL COMPANY 16070 78.64 101-0000-144.00-00 04/18/2014 BRAKE ASSY 1239967 OS/2014 78.64 OS/O1/2014 163789 PERFECT 10 CARWASH EXPRESS 16200 184.00 101-0440-425.43-40 04/23/2014 CAA WASHES OS/2014 184.00 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ O5/O1/2014 163790 Q.P. MARKETING 17005 737.25 603-7000-415.42-17 04/25/2014 SEASONAL EMP T-SHIRTS 5501 OS/2014 44.68 101-0666-435.42-17 04/25/2014 SEASONAL EMP T-SHIRTS 5501 OS/2014 692.57 O5/O1/2014 163791 Q3 CONTRACTING INC 17013 107.05 601-7500-415.43-41 04/12/2014 TRAFFIC CONTROL WTR BRKS TMN0095374 O5/2014 107.05 O5/O1/2014 163792 R.D.O. EQUIPMENT CO TRUST#80-5 18015 714.35 101-0000-144.00-00 04/24/2014 BOLT, PADS P15228 OS/2014 714.35 OS/O1/2014 163793 RUFFRIDGE-JOHNSON EQUIP CO INC 18020 505.48 101-0000-144.00-00 03/20/2014 HOSE, REGULATOR C65608 OS/2014 63.70 101-0000-144.00-00 04/28/2014 SWITCH ASSY C65941 OS/2014 441.78 OS/O1/2014 163794 REYNOLDS, VICKI 18115 259.86 270-0771-455.42-21 04/18/2014 REIMB SPR FLING SUPPIES OS/2014 259.86 OS/O1/2014 163795 SAM'S CLUB 19004 1,237.23 101-0770-455.42-21 04/20/2014 ZONE SUPPLIES OS/2014 817.58 270-0771-455.42-21 04/20/2014 SPRING FLING SUPPLIES OS/2014 153.76 101-0770-455.42-21 04/20/2014 ENCORE REFRESHMENTS OS/2014 28.96 101-0770-455.42-21 04/20/2014 VETS EVENT SUPPLIES OS/2014 130.88 W 227-0000-415.43-32 04/20/2014 STAMPS O5/2014 48.75 �1101-0440-425.42-21 04/20/2014 CEREMONY SUPPLIES OS/2014 43 .34 101-0770-455.42-21 04/20/2014 PAPER PRODUCTS OS/2014 13.96 OS/O1/2014 163796 SCHARBER & SONS INC 19011 165.53 101-0000-144.00-00 04/18/2014 IDLER P41137 OS/2014 45.88 101-0000-144.00-00 04/22/2014 IDLER P41483 OS/2014 103.26 101-0000-144.00-00 04/18/2014 HOSE ASSY P41136 OS/2014 16.39 OS/O1/2014 163797 SHANK CONSTRUCTORS, INC 19092 37, 581.00 601-7500-415.43-40 04/23/2014 VALVE REPLACEMENT WTP 3164 OS/2014 37,581.00 OS/O1/2014 163798 SIIBIIRBAN TIRE WHOLSALE, INC 19229 714.52 101-0000-143.00-00 04/16/2014 TIRE 10124885 OS/2014 368.84 101-0000-143.00-00 04/29/2014 TIRES 10125081 OS/2014 345.68 OS/O1/2014 163799 JAN SIMONS 19265 22.50 227-0000-415.43-40 04/28/2014 CAORES AND MORE OS/2014 22.50 OS/O1/2014 163800 JOHN SNIDER 19282 20.00 227-0000-415.43-40 04/29/2014 CHORES AND MORE OS/2014 20.00 OS/O1/2014 163801 SHI INTERNAT20NAL CORP 19328 2,360.00 101-0333-415.42-21 04/03/2014 MICROSOFT PROJ LICENSE B019032�7 OS/2014 368.00 101-0333-415.42-21 04/10/2014 MICROSOFT PROF LICENSE B01915955 OS/2014 1, 992.00 OS/O1/2014 163802 TARGET 20004 • 14.84 101-0770-455.42-21 04/03/2014 ZONE SUPPLIES OS/2014 14.84 PREPARED OS/OS/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/26/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/O1/2014 163803 TERRY OVERACKER PLUMBING 20029 960.00 101-0880-465.43-40 04/24/2014 INSPECTIONS 39260-63,0001-5 OS/2014 648.00 101-0880-465.43-40 04/16/2014 INSPECTIONS 39255,57,58 OS/2014 240.00 101-0880-465.43-40 04/25/2014 INSPECTIONS 40006 OS/2014 72.00 O5/O1/2014 163804 TASER INTERNATIONAL 20042 2,435.53 240-0000-425.42-25 04/11/2014 TASERS SI1355709 OS/2014 2,435.53 OS/O1/2014 163805 UNIVERSITY OF MINNESOTA 21011 170.00 101-0668-435.43-37 04/25/2014 REGISTRATION-ZURBEY OS/2014 85.00 101-0666-435.43-37 04/25/2014 REGISTRATION-PERRON OS/2014 85.00 OS/O1/2014 163806 VIKING INDUSTRIAL CENTER 22011 72.00 101-0668-435.42-17 04/28/2014 SAFETY GLASSES 3013112 OS/2014 72.00 OS/O1/2014 163807 VESSCO INC 22012 4,421.57 601-7000-415.42-22 04/14/2014 CHLORINE SCALE COMM WTP 59964 OS/2014 4,421.57 OS/O1/2014 163808 VERIZON WIRELESS 22050 26.02 101-0550-425.43-32 04/24/2014 WIRELESS SERVICE 9722927474 OS/2014 26.02 OS/O1/2014 163809 WATER CONSERVATION SERVICE, IN 23059 888.08 W 601-7500-415.43-40 04/22/2014 LEAK LOCATES 5016 OS/2014 888.08 00 OS/O1/2014 163810 XCEL ENERGY 24002 26.g� 101-0666-435.43-38 04/25/2014 UTILITIES 410207435 OS/2014 26.97 OS/O1/2014 163811 YALE MECHANICAL INC 25003 3,488.37 101-0660-415.43-40 04/25/2014 MARCH/APRIL MAINT 149081,147857 OS/2014 3,488.37 OS/01/2014 163812 YOCUM OIL COMPANY 25015 9,266.76 101-0000-141.00-00 04/22/2014 FUEL 625300,624747 OS/2014 9,266.76 O5/O1/2014 163813 ZAHL-PETROLEUM MAINTENANCE 26015 643.78 101-0669-435.43-40 03/31/2014 REPAIR DIESEL DISPENSOR 0197818 05/2014 643.78 OS/O1/2014 163814 TODD ZIMBA 26024 10.00 101-0770-455.43-40 04/21/2014 CHORES/MORE OS/2014 10.00 OS/O1/2014 163815 JENSEN, CHRISTINA & JESSE 99999 95.62 601-0000-245.00-00 04/28/2014 UB REFUND-DBL PMT 158425-448610 04/2014 95.62 OS/08/2014 163822 ARCTIC GLACIER INC 1008 2gg,2g 609-0000-183.00-00 04/29/2014 APRIL-MISC OS/2014 218.54 609-0000-158.00-00 04/29/2014 APRIL-MISC OS/2014 69.74 O5/08/2014 163823 ANOKA COUNTY HIGHWAY DEPARTMEN 1023 150.00 601-7500-415.43-31 O5/O1/2014 TRAFFIC CONTROL PERMIT 14-032 OS/2014 150.00 OS/08/2014 163824 AMERICAN TEST CENTER 1032 900.00 101-0668-435.43-40 04/22/2014 TEST/INSPECT BUCKET TRKS 2141070 OS/2014 900.00 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/08/2014 163825 ARAMARK UNIFORM SERVICES 1045 993.42 101-0669-435.42-17 04/25/2014 UNIFORMS 792067054 OS/2014 127.17 101-0666-435.42-17 04/25/2014 UNIFORMS 792067055 OS/2014 188.36 601-7000-415.42-17 04/25/2014 IINIFORMS 792067056 OS/2014 96.63 101-0668-435.42-17 04/25/2014 UNIFORMS 792067057 OS/2014 173.70 601-7000-415.42-17 04/25/2014 UNIFORMS 792067058 O5/2014 81.60 101-0669-435.42-17 04/25/2014 RUGS,MATS 792067059 OS/2014 120.48 101-0660-415.42-17 04/25/2014 RUGS,MATS 792067069 OS/2014 151.01 609-9100-415.42-17 04/25/2014 RUGS,MATS 495660 OS/2014 54.47 OS/08/2014 163826 APACHE GROUP OF MINNESOTA,INC 1047 2,031.39 101-0660-415.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 308.29 101-0669-435.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 58.48 101-0440-425.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 79.73 101-0550-425.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 53.15 270-0771-455.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 21.26 601-7000-415.42-22 04/28/2014 PAPER PRODUCTS 172313 OS/2014 10.63 101-0666-435.42-22 04/25/2014 TRASH LINERS 172281 OS/2014 1,499.85 OS/08/2014 163827 ANOKA COUNTY TREASURER 1048 442.53 101-0440-425.42-12 O5/O1/2014 MARCH DTF FUEL OS/2014 442.53 �`/08/2014 163828 AMUNDSON CIGAR & CANDY CO 1064 1,156.40 �p 609-0000-184.00-00 04/30/2014 APRIL-CIGS OS/2014 1, 156.40 OS/08/2014 163829 AMERICAN BOTTLING COMPANY 1155 182.76 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 182.76 OS/08/2014 163830 ASPEN MILLS INC 1161 109.95 101-0440-425.42-17 04/17/2014 VEST CARRIER 149069 O5/2014 109.95 OS/08/2014 163831 ACE SOLID WASTE, INC 1241 179.24 101-0660-415.43-40 04/21/2014 MAY REFUSE HAULING 11290961 OS/2014 179.24 OS/08/2014 163832 ALBRECHT SIGN & GRAPHICS,INC 1285 66.45 101-0440-425.43-35 04/23/2014 BUSINESS CARDS 20907 O5/2014 49.95 101-0332-415.42-21 OS/OS/2014 NAME PLATE-SCOTT 20914 OS/2014 16.50 OS/08/2014 163833 ARTISAN BEER COMPANY 1303 2,269.35 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 2,269.35 OS/08/2014 163834 AUTONATION FORD 1312 35.74 101-0000-144.00-00 04/29/2014 HORN ASSY OS/2014 35.74 OS/08/2014 163835 BARTON SAND & GRAVEL CO 2005 2,304.46 601-7500-415.42-22 04/30/2014 CLASS S,SAND OS/2014 1,554.46 601-7500-415.43-40 04/30/2014 DISPOSAL FEES OS/2014 750.00 OS/08/2014 163836 BEISSWENGER'S HARDWARE 2019 107.60 101-0550-425.42-17 OS/O1/2014 4 CYCLE FUEL OS/2014 75.79 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0666-435.42-22 OS/O1/2014 PIVOTRIM PROHEAD OS/2014 20.39 101-0666-435.42-22 OS/O1/2014 IRRIGATION SUPPLIES OS/2014 11.42 OS/08/2014 163837 BELLBOY CORPORATION 2051 6,465.66 609-0000-180.00-00 04/30/2014 APRIL-LIQUOR OS/2014 5,669.60 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 276.71 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 71.55 609-9100-415.42-21 04/30/2014 APRIL-SAGS OS/2014 447.80 OS/08/2014 163838 BERRY COFFEE COMPANY 2110 45.95 101-0770-455.42-21 OS/02/2014 SR PROG COFFEE 1169524 OS/2014 45.95 OS/08/2014 163839 JEANNIE BENSON 2149 48.53 101-0660-415.42-21 OS/OS/2014 REPLACE SHOES FROM FLOOD OS/2014 48.53 OS/08/2014 163840 BRIGHTWOOD HILLS GOLF COURSE 2188 2,800.00 101-0770-455.42-21 04/30/2014 SR GOLF LEAGUES OS/2014 2,800.00 OS/08/2014 163841 BERNICK'S BEVERAGES 2207 1,247.60 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 740.00 609-0000-183.00-00 04/30/2014 APRIL-MISC 05/2014 7.20 609-0000-157.00-00 04/30/2014 APRIL-BEER O5/2014 500.40 ,�/08/2014 163842 BLAINE AREA PET HOSPITAL,PA 2221 500.67 O 101-0440-425.43-30 OS/O1/2014 K-9 NITO EXAM 98033 OS/2014 500.67 OS/08/2014 163843 COCA COLA BOTTLING 3030 1,196.56 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 826.96 609-0000-158.00-00 04/30/2014 APRIL-MISC OS/2014 369.60 OS/08/2014 163844 CULLIGAN 3067 397.85 601-7000-415.43-41 04/30/2014 SOFTENER RENTAL 100X04465501 O5/2014 126.45 601-7000-415.42-22 04/30/2014 SALT 100X04465501 OS/2014 271.40 OS/08/2014 163845 CULLIGAN 3067 26.70 101-0770-455.42-21 OS/O5/2014 SR PROG WATER OS/2014 26.70 OS/08/2014 163846 CAPITOL BEVERAGE SALES 3097 33,567.44 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 24,300.00 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 102.09 609-0000-157.00-00 04/30/2014 APRIL-BEER OS/2014 9,100.00 609-0000-158.00-00 04/30/2014 APRIL-MISC OS/2014 65.35 OS/08/2014 163847 CITY OF COON RAPIDS 3122 122.58 270-0771-455.43-38 04/08/2014 WATER SERVICE 81610 OS/2014 122.58 OS/08/2014 163848 CUB FOODS INC 3127 105.95 101-0550-425.42-21 OS/02/2014 RETIREMENT GIFT CARD O5/2014 105.95 OS/08/2014 163849 CENTRAL MN CUSTODIAL SERVICES 3198 1, 040.00 101-0669-435.43-40 04/29/2014 APRIL CLEANING SERVICE 1119 OS/2014 1, 040.00 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/08/2014 163850 COMMUNITY HEALTH CHARITIES 3227 g,62 101-0000-219.08-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 9.62 OS/08/2014 163851 CHANTICLEAR PIZZA 3239 59.26 237-0000-415.42-21 OS/03/2014 RECYCLING EVENT PIZZA 101 OS/2014 59.26 OS/�8/2014 163852 CRABTREE COMPANIES, INC 3259 9,914.00 705-0000-415.43-40 04/27/2014 PRINTER USAGE 124224 OS/2014 600.00 101-0224-415.43-40 04/28/2014 LASERFICHE RENEWAL 124149 OS/2014 9,314.00 O5/OS/2014 163853 CENTURY LINK 3295 407.10 270-0771-455.43-32 04/25/2014 PHONE SERVICE 7833923 OS/2014 41.66 609-9200-415.43-32 04/22/2014 PHONE SERVZCE 5718365 O5/2014 118.29 601-7000-415.43-32 04/22/2014 PHONE SERVICE 5711683 OS/2014 17.29 602-7000-415.43-32 04/22/2014 PHONE SERVICE 5711683 OS/2014 17.28 609-9100-415.43-32 04/22/2014 PHONE SERVICE 5710683 OS/2014 212.58 OS/08/2014 163854 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 451.50 OS/08/2014 163855 DELANEY CONSULTING, LLC 4072 2,100.00 609-9100-415.43-30 OS/OS/2014 DATA ANALYSIS,MRKT RESRCH 1300 OS/2014 2,100.00 I��i /08/2014 163856 DELL MARKETING LP 4103 757.62 705-0000-415.45-60 03/27/2014 MONITORS XJD6FMTW1 OS/2014 757.62 OS/08/2014 163857 E.C.M. PUBLISHERS INC 5001 375.00 237-0000-415.43-34 04/30/2014 AD SPRING RECYCLING EVENT 96129 OS/2014 375.00 OS/08/2014 163858 CITY OF FRIDLEY 6023 59.13 101-0440-425.43-37 04/30/2014 TRAINING LUNCH PETTY CASH OS/2014 12.42 101-0661-435.42-21 04/30/2014 MISC SUPPLIES PETTY CASH O5/2014 13.95 101-0881-465.43-33 04/30/2014 REIMB MILEAGE PETTY CASH O5/2014 31.76 O5/OS/2014 163859 FRIENDLY CHEVROLET, INC 6075 �g,g5 101-0440-425.43-40 04/28/2014 FT ALIGNMENT OS/2014 79.95 OS/08/2014 163860 FRIDLEY FIRE RELIEF ASSOC 6088 750.00 101-0000-219.15-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 750.00 OS/08/2014 163861 FRIDLEY POLICE ASSOCIATION 6117 80.00 101-0000-219.22-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 80.00 OS/08/2014 163862 FLAT ROCK GEOGRAPHICS 6144 920.00 601-7000-415.43-40 OS/OS/2014 MAPPING/DATA COLLECTION 827 OS/2014 306.67 602-7000-415.43-40 OS/OS/2014 MAPPING/DATA COLLECTION 827 OS/2014 306.67 603-7000-415.43-40 OS/OS/2014 MAPPING/DATA COLLECTION 827 OS/2014 306.66 OS/08/2014 163863 MARIA FITZ 6148 45.00 101-1000-415.42-21 OS/06/2014 REFUND WELLNESS TESTING OS/2014 45.00 PREPARED OS/OS/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/08/2014 163864 FIRETEC USED APPARATUS SALES 6162 1,700.00 410-0000-391.01-00 04/30/2014 COMMISSION FOR ENG 2 SALE 3363 OS/2014 1,700.00 OS/08/2014 163665 GENUINE PARTS CO/NAPA 7014 2,027.17 101-0000-144.00-00 04/30/2014 PARTS 21641287 OS/2014 1, 832.14 101-0669-435.42-22 04/30/2014 PARTS 21641287 O5/2014 24.67 101-0000-143.00-00 04/30/2014 BATTERIES 21641287 OS/2014 170.36 OS/08/2014 163866 GRAINGER 7041 245.76 101-0668-435.42-17 04/18/2014 WORK GLOVES 9419156808 OS/2014 122.88 101-0666-435.42-17 04/18/2014 WORK GLOVES 9418983483 OS/2014 122.88 OS/08/2014 163867 HOHENSTEINS INC 8068 3,374.50 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 3,374.50 O5/08/2014 163868 HAWKINS INC 8093 2,560.09 601-7000-415.42-22 04/29/2014 WATER CHEMICALS 3589525 OS/2014 2,560.09 OS/08/2014 163869 WENDY HIATT 8164 30.49 101-0669-435.43-33 04/30/2014 REIMB MILEAGE OS/2014 30.49 OS/08/2014 163870 INDEPENDENT SCHOOL DIST #14 9006 7,634.76 �, 101-0770-455.43-32 OS/02/2014 PHONE LINES 4393 OS/2014 23.00 N 101-0770-455.43-32 O5/02/2014 PHONE LINES 4393 OS/2014 46.00 101-0770-455.43-32 OS/02/2014 PHONE LINES 4393 O5/2014 13.60 101-0770-455.43-40 OS/02/2014 SEC SYSTEM 4393 OS/2014 42.12 101-0770-455.43-50 OS/02/2014 BUILDING USAGE 4393 OS/2014 7,510.04 OS/08/2014 163871 INDELCO PLASTICS CORPORATION 9030 54.74 601-7000-415.42-22 04/25/2014 PLUMBING SUPPLIES C935741,839710 OS/2014 54.74 O5/08/2014 163872 INTERSTATE ALL BATTERY CENTER 9073 36.48 101-0440-425.42-21 04/03/2014 BATTERIES 1902701001187 OS/2014 36.48 OS/OB/2014 163873 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00 101-0000-219.15-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 90.00 OS/08/2014 163874 JOHNSON BROTHERS LIQUOR 10005 74,544.10 609-0000-180.00-00 04/30/2014 APRIL-LIQUOR OS/2014 36,722.83 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 15, 854_18 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 950.30 609-0000-155.00-00 04/30/2014 APRIL-LIQUOR O5/2014 14,728.20 609-0000-156.00-00 04/30/2014 APRIL-WINE OS/2014 5, 978.44 609-9200-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 310.15 OS/08/2014 163875 JANI-KING OF MINNESOTA,INC 10056 2, 715.92 101-0660-415.43-40 OS/OS/2014 MAY CLEANING MIN05140344 OS/2014 2,715.92 OS/08/2014 163876 J.P. FURNITURE, INC 10058 214.61 101-0770-455.43-40 OS/O1/2014 UPHOLSTER BOOTHS-ZONE 213062 OS/2014 214.61 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/08/2014 163877 J.J. TAYLOR DIST. OF MINN, INC 10063 54,978.89 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 39,200.00 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 20.49 609-0000-157.00-00 04/30/2014 APRIL-BEER OS/2014 15,750.00 609-0000-158.00-00 04/30/2014 APRIL-MISC OS/2014 8.40 OS/OB/2014 163878 J.P. COOKE COMPANY 10086 84.90 101-0440-425.42-20 04/18/2014 NO CRIMINAL RECORD STAMP 284363 OS/2014 84.90 OS/08/2014 163879 LEVANDER,GILLEN & MILLER, PA 12013 7,224.50 101-0222-415.43-30 04/30/2014 APRIL ATTY FEES OS/2014 7,224.50 OS/08/2014 163880 LAW ENFORCEMENT LABOR SERVICES 12022 1,485.00 101-0000-219.13-00 O5/09/2014 PAYROLL SUMMARY 20140509 OS/2014 1,485.00 OS/08/2014 163881 LAKE RESTORATION INC 12026 1,484.00 101-0666-435.43-40 04/29/2014 WEED CONTROL 112131 OS/2014 1,484.00 OS/08/2014 163882 LEAGUE OF MN CITIES INS TRUST 12082 387.12 704-0000-415.43-30 OS/07/2014 WORK COMP DEDUCTIBLE 200063626 OS/2014 387.12 OS/08/2014 163883 LOFFLER COMPANIES, INC 12143 1,555.79 � 101-0333-415.43-40 OS/O1/2014 PRINTER MAINT USAGE 1744468 OS/2014 1,555_79 W O5/08/2014 163884 MINNESOTA SAFETY COUNCIL INC 13041 510.00 101-0770-455.42-21 OS/O1/2014 DEF DRIVING PACKETS 29483 OS/2014 510.00 OS/OB/2014 163885 M.T.I. DISTRIBUTING CO 13046 793,g� 101-0000-144.00-00 04/24/2014 BROOM,TEETH SET PRK SWPER 95209600 OS/2014 793.87 OS/08/2014 163886 METROPOLITAN COUNCIL 13078 27, 061.65 602-0000-209.00-00 OS/O1/2014 APRIL SAC CHARGES OS/2014 27,061.65 OS/08/2014 163887 M.A.M.A.-METRO AREA MGMT ASSOC 13091 45.00 101-0220-415.43-31 O5/06/2014 MEMBERSHIP O5/2014 45.00 OS/08/2014 163888 MINN DEPT OF LABOR & INDUSTRY 13150 1,362.95 101-0000-205.00-00 OS/06/2014 APRIL SURCHARGES 19739003055 OS/2014 1,362.95 OS/08/2014 163889 MULTICARE ASSOCIATES 13214 65.00 101-0332-415.43-30 03/06/2014 PRE EMPLOY DRUG SCREENING OS/2014 45.00 101-0440-425.43-30 03/06/2014 RESPIRATOR QUESTION REV OS/2014 20.00 OS/OS/2014 163890 MINNESOTA ELEVATOR INC 13236 139.72 101-0660-415.43-40 OS/OS/2014 MAY MAINT SERVICE 310411 OS/2014 139.72 OS/08/2014 163891 MENARDS - FRIDLEY 13256 385.62 601-7500-415.42-22 04/30/2014 PARTS-TEMP WTR HOOKUP 63107 OS/2014 23.81 101-0666-435.42-22 OS/O1/2014 PARKS SUPPLIES 63226 OS/2014 41.84 PREPARED OS/OS/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0660-415.42-22 OS/05/2014 FLOOR FAN 63542 O5/2014 149.99 101-0550-425.42-22 O5/06/2014 SHELVING STA#2 63203 OS/2014 169.98 OS/08/2014 163892 MINN CHILD SUPPORT PAYMENT CEN 13307 6.93 101-0000-219.19-00 OS/09/2014 PAYROLL SUMMARY 20140509 O5/2014 6.93 O5/08/2014 163893 MINN HWY SAFETY/RESEARCH CTR-M 13359 396.00 101-0440-425.43-37 OS/14/2014 SGT GUEST EVOC CLASS FEE OS/2014 396.00 OS/08/2014 163894 MIDWEST FIRE PROTECTION, INC 13401 596.00 270-0771-455.43-40 04/29/2014 RAISED FD CONNECTION 20666 OS/2014 596.00 OS/08/2014 163895 MINNESTALGIA WINERY 13420 90.00 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 90.00 O5/08/2014 163896 MEDIAWORKS ADVERTISING SOLUTIO 13446 935.00 609-9100-415.43-34 04/30/2014 ADVERTISING 76997,76996 OS/2014 935.00 OS/08/2014 163897 MARY MILLETT 13469 234.33 101-0770-455.43-40 04/30/2014 PICKLESALL INSTRUCTOR OS/2014 234.33 OS/08/2014 163898 MORRIS LEATHERMAN COMPANY 13471 10,000.00 101-0220-415.43-30 OS/02/2014 CITIZEN SURVEY OS/2014 10, 000.00 � /OB/2014 163899 NEWQUIST & HERRICK LAW OFFICES 14002 25,944.08 101-0222-415.43-30 OS/O1/2014 MAY PROSECUTION ATTY FEES OS/2014 25,944.08 OS/08/2014 163900 NORTHERN SANITARY SUPPLY INC 14089 486.60 101-0660-415.42-22 OS/OS/2014 PAPER TOWELS 168118 O5/2014 486.60 O5/OS/2014 163901 NETWORK MEDICS, INC 14157 36,616.33 705-0000-415.45-60 OS/06/2014 PD AUTHENTICATION STARTUP 4763 OS/2014 36, 616.33 OS/08/2014 163902 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 25.00 OS/08/2014 163903 OFFICE ENVIRONMENT BROKERS INC 15021 1,315.00 101-0331-415.42-21 04/30/2014 OFFICE CHAIR 24263 OS/2014 250.00 101-0221-415.43-40 OS/06/2014 REARRANGE WRKSTATIONS 24261 OS/2014 713.55 101-0880-465.43-40 OS/06/2014 REARRANGE WRKSTATIONS 24261 OS/2014 351.45 OS/08/2014 163904 PEPSI COLA BOTTLING CO 16007 200.40 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 200.40 OS/OS/2014 163905 PHILLIPS WINE & SPIRITS 16011 25,814.16 609-0000-180.00-00 04/30/2014 APRIL-LIQUOR OS/2014 9,135.90 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 9, 986.97 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 352.33 609-0000-155.00-00 04/30/2014 APRIL-LIQUOR O5/2014 2,895.05 609-0000-156.00-00 04/30/2014 APRIL-WINE OS/2014 3,329.34 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 13 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-9200-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 114.57 O5/08/2014 163906 POSTMASTER 16024 1,950.00 101-0220-415.43-32 OS/O1/2014 POSTAGE PERM#92886 92886 OS/2014 1, 950.00 O5/08/2014 163907 PAUSTIS & SONS 16034 5,504.97 609-0000-180.00-00 04/30/2014 APRIL-WINE OS/2014 5,154.46 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 68.75 609-0000-156.00-00 04/30/2014 APRIL-WINE OS/2014 273.01 609-0000-159.00-00 04/30/2014 APRIL-FREIGHT OS/2014 8.75 OS/08/2014 163908 PERFECT 10 CAR WASH 16062 23.44 101-0770-455.43-40 04/30/2014 CAR WASHES OS/2014 11.47 101-0440-425.43-40 04/30/2014 CAR WASHES OS/2014 7.98 101-0882-465.43-40 04/30/2014 CAR WASHES OS/2014 3.99 OS/08/2014 163909 PEARSON BROS, INC 16110 14,250.00 101-0668-435.43-41 04/23/2014 STREET SWEEPING 3198 OS/2014 14,250.00 OS/08/2014 163910 PACE ANALYTICAL SERVICE INC 16135 60.00 601-7000-415.43-40 04/14/2014 VOC TESTING BALANCE 12140356 OS/2014 60.00 O5/08/2014 163911 QUALITY REFRIGERATION SERVICE 17002 289.24 � 609-9200-415.43-40 04/28/2014 MAY MAINT CONTRACT 2255 OS/2014 289.24 N OS/08/2014 163912 RUFFRIDGE-JOHNSON EQUIP CO INC 18020 g,38 101-0000-144.00-00 03/20/2014 FREIGHT C65608 OS/2014 9.38 OS/08/2014 163913 R.J.M PRINTING 19036 384.10 101-0440-425.43-35 02/OS/2014 RETRACTABLE BANNER/CASE 80117 OS/2014 336.50 101-0550-425.43-35 OS/06/2014 BUSINESS CARDS 80880 OS/2014 47.60 O5/08/2014 163914 STERICYCLE 19323 227.40 101-0440-425.43-40 OS/06/2014 HAZ WASTE REMOVAL OS/2014 227.40 OS/08/2014 163915 SOUTHERN WINE & SPIRITS OF MN, 19353 18,491.21 609-0000-180.00-00 04/30/2014 APRIL-LIQUOR OS/2014 13, 096.51 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 962.90 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 177.95 609-0000-155.00-00 04/30/2014 APRIL-LIQIIOR OS/2014 4,203.25 609-9200-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 50.60 O5/OS/2014 163916 STAPLES ADVANTAGE 19355 447.21 101-0660-415.42-22 OS/OS/2014 CLEANING SUPPLIES 8029628140 OS/2014 447.21 OS/OS/2014 163917 SHRED RIGHT 19359 66.56 101-0660-415.43-40 OS/OS/2014 SHREDDING SERVICE 177850 OS/2014 66.56 O5/08/2014 163918 TERRY OVERACKER PLUMBING 20029 72.00 101-0880-465.43-40 OS/02/2014 INSPECTION 40007 OS/2014 72.00 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 14 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ OS/08/2014 163919 TRI-COUNTY BEVERAGE & SUPPLY 20098 30.00 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 30.00 OS/08/2014 163920 UNIQUE PAVING MATERIALS 21001 925.60 601-7000-415.42-22 04/10/2014 COLD MIX 235210 O5/2014 925.60 OS/08/2014 163921 UNITED WAY 21035 25.00 101-0000-219.08-00 OS/09/2014 PAYROLL SUMMARY 20140509 OS/2014 25.00 OS/08/2014 163922 UNITED BUSINESS MAIL 21064 1,856.27 101-0000-135.00-00 04/30/2014 POSTAGE 341001 OS/2014 10.06 101-0220-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 137.01 101-0223-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 41.93 101-0331-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 278.03 101-0332-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 5.70 101-0440-425.43-32 04/30/2014 POSTAGE 341001 OS/2014 280.89 101-0550-425.43-32 04/30/2014 POSTAGE 341001 05/2014 69.59 101-0668-435.43-32 04/30/2014 POSTAGE 341001 OS/2014 55.00 101-0661-435.43-32 04/30/2014 POSTAGE 341001 OS/2014 124.93 101-0770-455.43-32 04/30/2014 POSTAGE 341001 OS/2014 126.94 101-0770-455.43-32 04/30/2014 POSTAGE 341001 OS/2014 4.36 101-0880-465.43-32 04/30/2014 POSTAGE 341001 OS/2014 68.59 � 101-0881-465.43-32 04/30/2014 POSTAGE 341001 OS/2014 174.40 p� 101-0882-465.43-32 04/30/2014 POSTAGE 341001 OS/2014 90.05 225-0000-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 .67 237-0000-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 11.07 270-0771-455.43-32 04/30/2014 POSTAGE 341001 OS/2014 83.51 601-7000-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 113.53 609-9100-415.43-32 04/30/2014 POSTAGE 341001 OS/2014 .67 101-0770-455.43-32 04/30/2014 POSTAGE 341001 OS/2014 179.34 OS/08/2014 163923 VALLEY-RICH CO INC 22006 4, 845.00 601-7500-415.43-40 04/08/2014 REPAIR WTR BREAK-CENTRAL 20068 O5/2014 4,845.00 OS/08/2014 163924 VINOCOPIA, INC 22023 866.00 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 852.00 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 14.00 OS/08/2014 163925 VAL-PAK OF MINNESOTA 22042 1,800.00 609-9100-415.43-34 04/30/2014 ADVERTISING 83662 OS/2014 1, 800.00 OS/08/2014 163926 W.S.B. & ASSOCIATES INC 23012 2,439.50 603-7500-415.43-30 O5/OS/2014 SPRBRK WEIRS PROJ 8 OS/2014 2,439.50 OS/08/2014 163927 WINE MERCHANTS 23045 587.62 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 508.50 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 7.98 609-0000-156.00-00 04/30/2014 APRIL-WINE OS/2014 70.00 609-9200-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 1.14 PREPARED OS/08/2014, 10:15:08 A/P CHECKS BY PERIOD AND YEAR PAGE 15 PROGRAM: GM350L CITY OF FRIDLEY FROM 04/28/2014 TO OS/09/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ O5/08/2014 163928 WIRTZ BEVERAGE MINNESOTA BEER, 23092 35,277.49 609-0000-182.00-00 04/30/2014 APRIL-BEER OS/2014 26,500.00 609-0000-183.00-00 04/30/2014 APRIL-MISC OS/2014 62.99 609-0000-157.00-00 04/30/2014 APRIL-BEER OS/2014 8,700.00 609-0000-158.00-00 04/30/2014 APRIL-MISC OS/2014 14.50 OS/08/2014 163929 WIRTZ BEVERAGE WINE & SPIRITS 23095 Zz, �2�.g6 609-0000-180.00-00 04/30/2014 APRIL-LIQUOR OS/2014 12,712.53 609-0000-181.00-00 04/30/2014 APRIL-WINE OS/2014 1,429.50 609-9100-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 166.00 609-0000-155.00-00 04/30/2014 APRIL-LIQUOR 05/2014 8,329.16 609-9200-415.43-51 04/30/2014 APRIL-FREIGHT OS/2014 90.67 OS/OB/2014 163930 ZEE MEDICAL SERVICE CO 26014 123.15 270-0771-455.42-21 04/28/2014 FIRST AID SUPPLIES 54096583 OS/2014 123.15 OS/08/2014 163931 ROBERT HASSMAN 2014306 28_00 101-0000-322.30-41 04/22/2014 REFUND PLUMBING PERMIT OS/2014 28.00 DATE RANGE TOTAL * 608, 839.96 * A J � CITY COUNCIL MEETING OF MAY 12, 2014 °TM"� BUSINESS LICENSE LIST FRIDLEY NEW LICENSES TYPE OF LICENSE: APPLICANT: APPROVED BY: Lawful Gambling Permit Tamarisk Public Safety Director Bingo for Fridley 49er Days Festival 1657 161s`Ave NW,Andover City Clerk Jeanne Haus,A licant On-Sale Temporary Intoxicating Fridley Lions Club Public Safety Director Liquor—event June 27-29,2014 Homer Melton,Applicant City Clerk 3 day permit for 7000 University Av NE at Commu.nity Park 3 day permit for 7000 Central Ave at Medtronic Parkin Lot Massage Therapy Unity Hospital Public Safety Director 550 Osborne Road NE City Clerk Karen Hae ,A licant RENEWAL LICENSES TYPE OF LICENSE: APPLICANT: APPROVED BY: Food License Dairy Queen Public Safety Director 225 Osbome Road Fire Marshall Matthew Frauenshuh,A licant Cit Planner Junk Yard Sam's Auto Parts Public Safety Director 1240 73 'h Ave NE Fire Marshall B Hoosline,A licant Plannin Massage Therapy Revive Massage Therapy Public Safety Director 1299 Mississippi St NE Jing Chen,Applicant Yin Chen,A licant Recycling and Solid Waste Advanced Disposal Public Safety Director 309 Como Ave, St.Paul Recycling Coordinator Lee Johnson,A licant City Clerk All-Ways Hauling Inc 8460 Scandia Trail N,Forest Lake Jos h Schwarz,A licant Elite Waste Disposal Inc 845 Corporate Drive,Jordan Tro Schuette,A licant 48 License List Ma 12,2014 Pa e 2 TYPE OF LICENSE: APPLICANT: APPROVED BY: Tree Trimming and Removal Drobnicks Tree Service Public Safety Director 311 93'�Ave NE,Blaine,MN Public Works Director John Drobnick,A licant Metro Tree and Stump Service 10101 Naples Street,Blaine Michael Straus,A licant 49 � AGENDA ITEM CITY COUNCIL MEETING OF MAY 12, 2014 `m oF LICENSES FRIDLEY Contractor T e A licant A roved B Asphalt Driveway Co Blacktop Scott Smith Ron Julkowski, CBO Contractor Award Construction Company Inc Commercial or Phil Dyrud Ron Julkowski,CBO S ecial Bonfes Plumbin Heatin &Air Svc Heatin Walter Bonfe Ron Julkowski,CBO Bonfes Plumbin Heatin &Air Svc Gas Walter Bonfe Ron Julkowski,CBO Cente oint Ener Gas JoAnn Zinken Ron Julkowski,CBO Cente oint Ener Heatin JoAnn Zinken Ron Julkowski,CBO Classic Construction of Cedar MN Excavating Curt Strandlund Ron Julkowski, CBO Inc Classic Construction of Cedar MN Masonry Curt Strandlund Ron Julkowski,CBO Inc Cy-Con Inc Commercial or Charles Young Ron Julkowski, CBO S ecial Deschene Ente rises Heatin Jim Deschene Ron Julkowski,CBO Earth Wizards Inc Blacktop Lilas Anderson Ron Julkowski,CBO Contractor Gilbert Mechanical Gas John Gorman Ron Julkowski, CBO Gilbert Mechanical Heatin John Gorman Ron Julkowski,CBO Industrial Utilities Inc Excavatin Dustin Williams Ron Julkowski, CBO Ja Hawk Mechanical Inc Heatin Dan Crothers Ron Julkowski, CBO Ja Hawk Mechanical Inc Oil Dan Crothers Ron Julkowski, CBO K-Ottos Construction LLC Commercial or Kleus OSteinke Ron Julkowski,CBO S ecial Kath HVAC Oil Keith Williams Ron Julkowski,CBO Kath HVAC Gas Keith Williams Ron Julkowski,CBO Kath HVAC Heatin Keith Williams Ron Julkowski,CBO Kraus-Anderson Commercial or Alan Gerhardt Ron Julkowski,CBO S ecial LBP Mechanical Inc Heatin Timoth Ha es Ron Julkowski,CBO M&D Plumbin &Heatin Inc Heatin Michael Daleiden Ron Julkowski,CBO M&D Plumbin &Heatin Inc Gas Michael Daleiden Ron Julkowski,CBO Marsh Heatin &Air Conditionin Heatin Kell Marsh Ron Julkowski, CBO McPhilli s Bros Roofin Co Roofm Co Olson Ron Julkowski,CBO Metro Air Inc Heatin Nanc Scheele Ron Julkowski,CBO Metro Air Inc Gas Nanc Scheele Ron Julkowski, CBO Mr.Rooter Plumbin Excavatin John Wilder Ron Julkowski, CBO Rachel Contractin Inc Wreckin Ron Fricke Ron Julkowski,CBO Rachel Contractin Inc Excavatin Ron Fricke Ron Julkowski,CBO SBA Network Services LLC Commercial or A1 Salako Ron Julkowski, CBO S ecial St Cloud Refri eration Gas Mike Fitch Ron Julkowski,CBO The Bainey Commercial or Gina Bainey Ron Julkowski, CBO S ecial 50 = AGENDA ITEM CITY COUNCIL MEETING OF MAY 12, 2014 `moF LICENSES FRIDLEY To: Walter Wysopal, City Manager From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: May 9, 2014 Re: Annual Renewal of Rental Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 40 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 51 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Address Units Owner 1100 5810 2 1/2 St. N E 4 5810 2 1/2 St N E, LLC 1101 5820 2 1/2 St. NE 4 Midwest Property Rentals 1565 6161 5th St. NE 1 Bob Feldiek 2169 146 63rd Way NE 1 Main Street Renewal 1273 106 77th Way NE 4 David &Jean Morisette 1624 6380 7th St. NE 2 Chris&Jenny Johnson 1495 7786 Beech St. NE 1 Humberto Martinez-Suarez 2092 6170 Benjamin St. NE 1 Gregg & Lois Johnson 1572 6566 Brookview Dr. 1 Peter Vagovich 1328 6501 Channel Rd. NE 4 Karen Kozer 1329 6531 Channel Rd. NE 4 Karen Kozer 1739 5533 E Bavarian Pass 1 Thomas Stuart 2073 5411 E Brenner Pass 1 Kelly Gall 1513 6210-20 East River Rd. 2 Wayne G. Confair 1339 7673 East River Rd. 4 David &Jean Morisette 1771 1020 Hathaway Ln. NE 1 Shane Amundson 1053 190 Island Park Dr. NE 12 Cullen Homes, Inc 1370 191 Island Park Dr. NE 12 Cullen Homes, Inc 2254 434 Liberty St. NE 1 Scott Schuh 1381 5835-37 Main St. NE 2 Paul Slesar 1551 6007 Main St. NE 1 Anita Oomrow 1764 7603 Meadowmoor Dr. NE 1 Brian Carion 1394 160 Mississippi PI. NE 4 Chris Zelevarov 2067 776 Mississippi St. NE 1 Luke Thunberg 1876 1601 N Innsbruck Dr. (181) 1 Grant& Krista Johnson 2249 1505 N Timberidge NE 1 Whiteridge Properties, LLC 2170 1546 N Timberidge NE 1 Jeff Kaitz 1426 41 Osborne Way 1 Donald E. Klostreich 1634 740 Rice Creek Terrace 1 Stephen & Marie Mondy 1439 6471-77 Riverview Terr. N E 3 Chris Zelevarov 2157 1541 S Bavarian Pass 1 Ronald Broen 1766 1553 S Oberlin Circle 1 Thomas Stuart 1558 1548 S Timber Ridge 1 Thomas Stuart 1443 6150-56 Star Ln. NE 1 Mike&LaDawn Severin 1444 6160-64 Star Ln. NE 2 Jeffrey Harris 1491 6241 Sunrise Dr. NE 1 Marlys Hermansen 2250 5849 Tennison Dr. NE 1 Ashley Distel 2076 6281 Trinity Dr. NE 1,James R. Yenish 1447 7301-03 University Ave. NE 2 Joseph Jungmann 2247 7313 -7315 University Ave. NE 2 Sajid Terzic Number of Properties =40 52 � AGENDA ITEM CITY COUNCIL MEETING OF °n°F MAY 12, 2014 ��� To: Walter T. Wysopal, City Manager� From: Debra A. Skogen, City Clerk �. Date: May 8, 2014 Re: CONSIDERATION OF A RESOLUTION WAIVING OR DENYING REQUIREMENT FOR NON-QUALIFYING ORGANIZATION TO ALLOWING SPRING LAKE PARK LIONS TO CONDUCT LAWFUL GAMBLING AT BROADWAY BAR AND PIZZA LOCATED AT 8298 UNIVERSITY AVE NE Minnesota State Law requires a gambling organization applying for a State Premise Perniit to contact the City in which it will be conducting lawful gambling in to provide a resolution in support of their application. The City received an application from Amanda Jackson, Assistant Gambling Manager for Spring Lake Park Lions to obtain a premise permit at Broadway Bar and Pizza located at 8298 University Ave NE. Spring Lake Park Youth Hockey had been conducting lawful gambling at Broadway Bar and Pizza until their lease was cancelled in March. Fridley City Code Section 603.25.2.E. requires the establishment "must seek qualifying organizations whenever they contract with organizations to conduct lawful gambling on their premises." Fridley City Code Section 30.02.1.B. states a qualifying organization is one that requires one third of its members to reside in the City, or one that has had a principal business or operation located in the City of Fridley for a continuous period of at least one year immediately preceding the peimit request. If the establishment is unsuccessful at locating a qualifying organization, because there aren't any organizations available or the organizations that are available are disinterested, they shall attest to that fact on their liquor license application. The City Council may also waive this requirement for a non-qualifying organization. City Code Section 603.25.2.E. was enacted in 2010 because qualifying organizations were denied the opporiunity to conduct lawful gambling in neighboring cities because those cities restricted lawful gambling to their own local organizations. The intent of City Code Section 603.25.2.E. is to create a more restrictive lawful gambling environment in the City to match that of the neighboring cities and to provide a preference for qualifying organizations as defined in City Code Section 30.02. 53 Broadway Bar and Pizza contacted the City to find out if there were any qualifying organizations interested in a new site. At the time of the call the Fridley American Legion was the only organization that had called to be listed with the City Clerk. Broadway Pizza met and had discussions with the Fridley American Legion, Fridley Lions, Spring Lake Park Lions, Minnesota Youth Athletic Sports, and the St. Paul Firefighters. After meeting with the five organizations, Broadway Bar and Pizza determined Spring Lake Park Lions was the best fit for their establishment. They were very interested in their ideas and trying new programs that were less routine or traditional. Broadway Bar and Pizza's goal is to try to bring back more dine in customers to the establishment and they feel that customer base will be brought back with the help of the Spring Lake Pazk Lions. After the Fridley Lions closed their operation at the Shorewood in 2013,the Shorewood met with the American Legion who was not interested in expanding their lawful gambling operation. The Shorewood then signed a lease with the Spring Lake Lions to conduct charitable gambling at the Shorewood Restaurant and received a "defacto" waiver by receiving a resolution in support of their premise permit. The Spring Lake Park Lions conducted lawful gambling at the Shorewood from March of 2013 until it closed Apri13,2014. For this reason, Broadway Bar and Pizza is asking the City Council to waive the requirement to allow them to have a non-qualifying organization, as allowed in Section 603.25.2.E. of the City Code. There are no criteria in the City Code for issuing a waiver; however, it does allow the City Council to waive the requirement. While Broadway Bar and Pizza has asked for a waiver, they have not provided the City with evidence as required by City Code Section 603.25.2.E. Evidence would include information that qualifying organizations are unavailable or disinterested in conducting lawful gambling at their site. Such evidence would justify the City Council granting of a waiver to permit a non-qualifying organization, the Spring Lake Park Lions, to conduct the lawful gambling at the licensed premises. On April 28, 2014, this item was brought before the City Council for discussion. The City Council took testimony from the Gambling Manager of the Fridley Lions, the President and Gambling Manager of the Spring Lake Park Lions, and the owner of Broadway Pizza. Some of the discussion centered on the gambling funds that are donated back to the community. Letters from Broadway Bar and Pizza and the Spring Lake Park Lions were brought into the record. The Fridley Lions provided a comparison of lawful gambling allowable expenses between the two organizations, showing that the Fridley Lions donated more of their money to the community. The Spring Lake Park noted that their expenses were higher as they have newer technology, surveillance equipment, two full-time staff members and warehouse rental for offices and storage. The City Council minutes from their meetings in 2010 are shown in in Attachment 1 for your reference. A copy of the April 28, 2014, draft meeting minutes are shown in Attachxnent 2 for your reference. This item was continued to the May 12�' Council meeting. Staff believes the City Council should continue the discussion and make a determination by resolution of the direction they would like to proceed by adopting a resolution to waive or deny the requirement. If the City Council believes the intent of the City Code is to require a qualifying organization if one is interested, the City Council should adopt the resolution denying the request for a waiver. Two 54 resolutions are available for City Council consideration which may be modified by the City Council before its adoption. Attachment 3 is A Resolution Waiving Requirement for Non-qualifying Organization and Supporting the Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza Located at 8298 University Ave NE. Attachment 4 is A Resolution Denying Waiver of Requirement for Qualification Organization for Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza Located at 8298 University Ave NE. 55 Attachment l. Lawful Gambling Minutes from 2010—Amending Chapters 30 and 603 March 29,2010 April 12, 2010 Apri126, 2010 May 10,2010 June 14, 2010 June 28, 2010 56 FRIDLEY CTTY COUNCIL MEETII�TG OF MARCH 29.2010 PAGE 11 NEW BUSINESS: 11. First Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code,Defining Licensed Organizations. Richard Pribyl, Finance Director, said this is the first reading of the ordinance amending the City Code, Chapter 30, Lawful Gambling. Concerns have been raised by Fridley organizations wislung to conduct lawful gambling as they cannot find an establishmerrt to conduct gambling in the City. Neighboring cities have restricted lawful gambkng to their own local organizations. Mr. Pribyl said a survey was completed that indicated 7 out of 8 cities have local restrictions. Staff has prepared an ordinance to amend the City Code. This change creates a more restrictive requirement only allowing local organizations to conduct lawful gambling in the City. It creates a definition of what a licensed organization is; and what requirements it must meet. It also modifies the requirement regarding lawful expenditures and changes the percentage to 75% rather tha.n 50%of net funds e�ended in the trade area for lawFul pwposes within the trade area. Mr. Pribyi said the substantive changes state that 1/3 of an organization's members must reside in Fridley, the applicant must file a list of names and addresses of current members with each �ew application for a premise pemut and annually thereafter with the City Clerk, or the organization must have had a principal business or operations located in the City for a continuous period of at least one year preceding the permit request, It must also mainta.in such a locaxion to conduct business as long as the organization operates lawful gambling activities in the City. Mr. Pribyl said that organizations currently conducting lawful gambling within the City of Fridley, �ot meeting these requirements can coutinue until April 30, 2012, or until their lease for lawful gambling e�ires, whichever occurs first. Licensed organizations sha11 expend 75% of its expenditures within the trade area. Staff recommends holding the first reading of this ordinance. Tom Myhra, 6360 Able Street NE, asked if Coon Rapids could no longer operate in their city if they could come to Fridley. Mayor Lund answered no. There would be an ordinance change stating that an outside organization could not get a license in the City of Fridley. Coon Rapids city ordinance would also not allow a Fridley organization to go there. Mr. Myhra said that his organization does not get any government help and operated purely from donations. Businesses go through money and need money to operate from day to day with a goal to provide more stable funds. The project is too big for their group and they have to do something or they will cease to�ist. Mayor Lund•hoped his�organization could work out a deal and look at applying for a license in the future. 57 FRIDLEY CITY COUNCIL MEETIl�TG OF MARCH 29.2010 PAGE 12 Terry Rath,Fridley `49er Days Committee Member, said his organization tries to get donations from organizations to keep the organization going but raising money is tough. With this ordinance they could start their own gaming organization to raise more money for future years. Mayor Lund agreed that this may be an avenue to look at for more stable funding rather than relying on outside organizations. Councilmember Varichak asked if this change is compatible with other cities. Mr. Pribyl answered yes. Their survey indicated that more cities had a restriction and Fridley was unusual in not having a restriction. Councilmember Bolkcom asked if organizations in Fridley were notified of this change. Mr. Priby!answered no;but said a letter would be sent out before the second reading. Councilmember Bolkcom asked if tlus item should be tabled so organizations are aware of the reading. Mayor Lund said he was comfortable taking a vote on the first reading and allowing organizations to voice vote their concerns at the second rea,ding. Mr. Pribyl said the second rea.ding could be tabled if necessary. Fritz Knaak, City Attorney, said the second reading would require unanimous approval as opposed to majority. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. Jerry LaFeber, Knights of Columbus, asked if organizations would be restricted from going to two places. Mayor Lund said there would be no limitations. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND D�CLARED THE MOTION CARRIED UNANIlVIOUSLY 12. Special Use Permit Request, SP#10-03, by Blue Water Properties, to Allow Limited Outdoor Storage on the Properiy,Generaliy Located at 7685 Main Street N.E.; and Resolution Approving Special Use Permit, SP #10-03, for Blue Water Properties, 7685 Main Street N.E. (Ward 3). 58 This page left intentionally blank. 59 FRIDLEY CITY COUNCII.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 elimina.te the possibility of backflow of unfiltereri 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 A ENDA: Councilmember Saetke 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 VOTIl�TG 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. 60 FRIDLEY CITY COUNCIL MEETIl�TG OF APRIL 12.2010 PAGE 5 Richard Pribyl,Finance Director, stated concems have been expressed by Fridley organizations wishing to conduct lawful gambling who have not been able to find an establishment in the City to co�nduct 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 cha.nges 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: 1 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 ca.n 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 Pariy, their Swim and Dive Team, their Youth Softball Progam, bought bike helmets for the Safety Camp, and included the Osbome 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 ca.nnot 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 organizaxion 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 61 FRIDLEY CITY COUNCIL MEETING OF APRIL 12.2010 PAGE 6 have the most diverse list of r�ipients 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 dona.te to deserving causes within the City. We personally ca,nnot guarantee where every dollar goes, but believe ow history speaks for itself. The letter they received stated seven out of eight communities restricted to local charitable gambling organizations. This is inconect. Blaine does have some restrictions, but they a11ow the City Council an exemption. They have received one of those exemptions. Mounds View has no restriction. New Brighton ha.s no restriction. They repealed their ordinance on January 12, 2010. It now reads the City will follow regulaxions set forth by the State of Minnesota. Columbia Heights is a little differem. 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 organizaxion 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 currendy 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 thax 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 aze 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 com�nunities would change their restrictions, so he thought this would put Fridley at a more level playing field. He asked when staff conducted the survey. 62 FRIDLEY CITY COUNCII.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 cutrent 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 aze 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 operaiion. Ha�ing that exception is okay with him. It has never been tus intent to try and rub out outside organizations tha.t 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 itsel� 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 requiremerrt is it would have to be by consensus of all members and, if a member is missing, that would not be possible. 63 FRIDLEY CITY GOUNCIL MEETING OF APRIL 12.2010 PAGE S Councilmember Barnette asked Mr. Donahue if the Fridley Foundation Board went into an organizaxion 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 commu�ity 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 a,n�emption. 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 Pazk Youth Hockey, stated her concem with the change is they just received their premises permit in April. Their organiza.tion is kind of unique because members of their association are members of the school districts, which are Fridley, Sprin�Lake Pazk, 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 donaxe to their hockey association, they dona.te 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 restrietions by the State Charitable Gaming Commission: His iirtent is having this legislative cha,nge 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 attenda,nt because that is in their school district. " Mayor Lund stated and they might not look favorably on the Park and Recreation's request. 64 FRIDLEY CITY COUNCIL MEETIl�TG 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 concemed 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 thax 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 yeazs 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 a11 three schools, Blaine, Spring Lake, a.nd 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 fihings 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 percerrt. 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. McNeit stated a11 he can do is speak for the veterans' organizations. He just wanted tfl 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 ha.d three things he wanted to say. First, they are continuing to look at ideas for their pull-tab operation. Second, for the reference about foundaxions having individual concerns, 100 percerrt of their money goes back to the Fridley residents. As far as the Foundation itsel� their general fund is apart from their subsidiary funds, 65 FRIDLEY CITY COUNCII.MEETING OF A.PRIL 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 Gaxnbling, of the Fridley City Code, Defining Licensed Organizations. Seconded by Councilmember Bamette. UPUN 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, sa.id tivs a joint agenda item sponsored by both the Fridley Police Department and the Finance Department. Annual license renewals requests have been revi.ewed by staff. All renewals have provided the necessary fees, insurance, and bonds that support the requiremerns provided by the City Code. The two on-sale, 3.2 percerrt malt liquor and wine license establishments have a CPA statemern atte�ting to theu gross food sales of 98-99 percexrt. All on-sale irrtoxicating 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. 3ust for information purposes, our hi�hest 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 Departmern 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 ca11s 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 met with the owners and managers of Baggan's Pub on a quarterly basis to review the type and volume of ca11s for service due to stipulations placed on the 2009- 2010 license. The ca11s 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 licerise with those two stipulations discussed earlier. Councilmember Varichak said they indicated that King's had the highest numbers of food sales at 95 percesrt. She noticed that Chris and Rob's was 99 percent. 66 This page left intentionally blank. 67 FRIDLEY CITY COUNCIL MEET'Il�TG OF APRIL 26.2010 PAGE 4 Sub. 4.08 • Changing the canvassing for the Primary Election from within"2 days"to"on the third day" after the Primary Election;and • Changing the canvassing for the General Election from "within 7 days" to "between the third and tenth"calendars days. Staffrecommends holding the public hearing on the ordinance. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. OLD BUSINESS: 6. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code,Defining Licensed Orgauizations(Tabled Apri112,2010) Richard Pribyl,Finance Director, said in December of 2009, the Mayor brought concerns from some of the Fridley organizations who want to conduct chazitable 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 and prepared an ordinance for their review in February. After fiarther discussion with the City Council and City Attorney, staff made a few more revisions to the ordinance. Mr. Pribyl said the City Council held the first rea.ding on March 29, 2010, and directed staff to notify the liquor establishments and cunent gambling organizations of the proposed changes. Letters were mailed out on March 30, 2010 to a111iquor establishments and to the organizations currently conducting lawful gambling within the City. Mr. Pribyl said the City Council reviewed the ordinance on April 12, 2010, and took additional information from the public. Shawn 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 tha.t might directly or primarily benefit the citizens of Fridley without being a local organization. Mr. Pribyl said Wendy Nelson from the SLP Youth Hockey Association said that 10% of their memberslup 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 because 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 or�anizations and chose an organization that had membership within three to five miles of his establishment to bring in more business. He said in the years he has been at Broadway, he had not received one ca11 from a Fridley organiza.tion wondering if he might be interested in another organization. He said Fridley Pazks and Recreation had already asked SLP Youth Hockey 68 FRIDLEY CITY COUNCIL MEETIl�TG OF APRII.26.2010 PAGE 5 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 changed the 50% of expenditures in the trade area to 75%and was concemed that they and the VFW may not be able to support veteran's causes. Tom Myhra of the Fridley School Foundation and they are still discussing whether or not they would like to get into the charitable gambling business. Mr. Pribyl said staff recommends removing the ordinance from the table and holding a second reading of the ordinance. MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTTON CARRIED UNANIMOUSLY AND 'THE ITEM WAS REMOVED FROM THE TABLE. Mayor�Lund noted that because one member was absent at the last meeting, tlus item was tabled, as unanimous consent on any amendment is needed. Shawn Dona6ue, Spring Lake Park Lions, asked if there could be an amendment to limit the area to the school district. He asked if that could be legally done. Mayor Lund said to put in a waiver for school districts was not a bad idea. Fritz Knaak, City Attorney, said that there are limitations in terms of the State Statute. Doing what is being proposed in this ordinance is pushing the envelope, but it is allowable. If you try to bring the ordinance outside of the city, it may become difficult. Mayor Lund asked about the City of Blaine and creating a waiver by location. Attorney Knaak sa.id that Council can waive any r+equirement. Mayor Lund sa.id he is open to having a level playing field with other cities. Currently there are only six licenses. Fridley does not have a lot of businesses. Council is not trying to be overly restrictive to organizations. Mr.Donahue sa.id tha.t his organization donates a lot of funds to the schools. Couneilmember Bolkcom asked if anyone talked to the City of Blaine. Mr. Pribyl said that staff has reviewed their ordinance and their ability to allow an exemption but it does not say it carries on to the next business. 69 FRIDLEY CITY COUNCIL MEETING OF APRII.26.2010 PAGE 6 Councilmember Bolkcom said it makes sense to put criteria in the ordinance. Attorney Knaal� said with the language in the ordinance, the idea is preference for Fridley organizations and it must be stated so. If preference was crea.ted to Fridley organizaxions it would make sense to have that be an ongoing preference. If no Fridley organization were available and an establishment wants someone to come in, they may come in at the sufferance of the City until a Fridley organiza.tion would want it. Council could waive this option without this language in specific situations. Technically Council has the right to do that which may create a situation where someone would consider an enforceable right to renewal and Council may find them in a court case. Mayor Lund said he would have a problem with waiving an outside Fridley or�anizaxion and later allow an opening for a Fridley organization. It would be unfair and difficult to do that. Councilmember Barnette thought it should be that way, to grant an exception. For example if the Spring Lake Park Lions wanted to come in, they could do that because they do a lot with the school district. They would have to understand that if they got an exception and a Fridley organiza.tion meets the criteria, the Spring Lake Park organization would have to be out. The ordinance would gi�e Council the right to make that decision. Councilmember Bolkcom said did not understand the when the organization's license would expire. Attorney Knaak said there is nothing to prevent Council from goin� to any licensed organization to say when the renewallicense is up,they will not get renewed. Deb Skogen, City Clerk, said the tnne would be changed from biannual to perpetual. The organization has to sign a lease with the establishment and the agreement is tied to the lea.se, not with the license. Mayor Lund said that would be a problem because Council has no control over the lease. Attorney Knaak said that is correct,Council only has control over the license. Mr.Donahue said his leases are perpetual and there is a 30-day out clause by either party. , Mayor Lund asked if there could be a waiver that is site specific if the City has openings. Councilmember Bolkcom asked how that would help an organization that does not have a license. Ms. Skogen said in the past, there has only been one establishment that has chan�ed which was Broadway Pizza. They s�ould check with the City Clerk first to see if anyone has expressed an interest and if they are imerested the City could provide the names. Mayor Lund said he did not see this as a big issue. 70 FRIDLEY CITY COUNCIL MEETING OF APRIL 26.2010 PAGE 7 Councilmember Bolkcom asked how Council would be helping the establishments because it would not go back to the original objective. Mayor Lund said that if new ownership came in it would a11ow changes. Councilmember Bolkcom said that the ordinance needed to have more details. Ms. Skogen said that names have been provided in the past if some were known but the City is not called often because they know someone or have another establishment to bring in. Councilmember Barnette said he is in favor of the ordinance, but it should have a restriction upon renewal if a Fridley organization is there, because he would be in favor of giving the license to a Fridley organization. Councilmember Bolkcom asked if another organization not in Fridley gives back to the community financially if they would still have to give up the license when the renewal is up. Councilmember Barnette said yes. Councilmember Bolkcom said she agreed and thought this should connect with the liquor license. Councilmember Varichak said she agreed with Councilmember Barnette's recommendation. Councilmember Bolkcom suggested this be tabled until the next meeting so staff can come back with the correct language. Mr. Donahue wanted to reiterate that his organization gives back to the school district, which benefits Fridley, even though they are a Spring Lake Park organization. Mayor Lund noted his request but said that the legal opinion says that it is not possible to tie this to the school district. Attomey Knaak said the reason for this restriction is to provide geater supervision and contml over ordinances. If the boundaries are stretched, there would be a question about the premise of the ordinance. Councilmember Barnette said he has no problem with another group coming in, but Fridley organizations should be given first choice. Robert McNeil, Fridley American Legion, said he has a concern with the 50% to 75%. This will reduce donations, Councilmember Bolkcom asked what other communities were doing. She said she thought some were 100%. Mayor Lund said that the American legion and the VFW want to give to the geater cause so it would be advisable to continue with the flexibility. 71 FRIDLEY CITY COUNCIL MEETIl�IG OF APRIL 26.2010 PAGE 8 Attorney Knaak said that if the purpose is local and it is in fact a local expenditure. MOTION by Councilmember Bolkcom to table the Second Rea.ding of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Estimates. Councilmember Bolkcom asked what the amount was for. William Burns, City Manager, said he thought it covered the change order but noted tha.t this could be tabled until the next meeting and he would bring forth more information. MOTION by Councilmember Bolkcom to table the estimates until May 10, 2010. Seconded by Councilmember Varichak. UPON VOICE VOTE,ALL VOTING AYE,MAYOR LUND DECLARED THE MOTION ' CARRIED UNANIMOU5LY. NEW BUSINESS: 7. Informational Status Reports. Councilmember Barnette said that the Annual StarGazers event will be held Saturday, May 8. Councilmember Varichak said that she attended the Historical Society lasagna dinner. About 130 people attended and it was a geat event. She said they are looking for younger people to get involved with this organization to carry on the tradition. Councilmember Saetke said this Saturday there is a shredding day for residents who have documents to shred. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmem6er Varichak. UPON VOICE VOTE,ALL VOTING AYE,MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:10 P.M. Respectfully Submitted, Krista Monsrud Scott J.Lund Recording Secretary Mayor 72 This page left intentionally blank. 73 MINUTES OF THE FRIDLEY CITY COUNCII.MEETING OF MAY 10�2010 PAGE 5 OLD BUSINESS: 8. Second Reading of an Ordinance A.mending Chapter 30, Lawful Gambling, of the Fridley City Code,Defining Licensed Organizations (Tabled April 26,2010). Richard D. Pribyl, Finance Director, stated concerns were raised by Fridley organizations wishing to conduct lawful gambling because they could not find an establishment in the City to conduct gambling. A survey showed seven out of eight cities had loeal restrictions. The suggested change is to be more restrictive by only allowing local organizations to conduct lawful gambling. The change will also define what a lice�sed organization is and what requirements it must meet. The ordina.nce suggests modifying the requirement regazding local lawful expenditures and change the percemage from 50%to 75% expended in the trade area for lawful purposes. The first reading of the ordinance was held on March 29. Staff mailed informational letters to the local licensed liquor establishments and to the lawful gambling organizations. The second reading of the ordinance was held at the Council meeting on April 12, at which time it was tabled. The item was again tabled for further research at the meeting on A.pril 26,2010. Mr. Pribyl stated staff had modified the ordinance from the previous ordinance by requiring local orga�nizations wishing to conduct charitable gambling in the City to register with the City Clerk's office annually. This would allow the City to see what local organizations want to do charitable gambling; and, in the event there are no local organiza.tions on file, the City Council may waive the requirements in Section 3.02.1.B regarding the definition of local organizations. Councilmember Bolkcom asked when an organization must register and if there was an � application. Mr. Pribyl replied they had to ca11 the City and let them know for the record. At this point in time,the City has not defined any kind of paperwork that will be required. Councilmember Bolkcom asked what the annual date was when the liquor licenses are up for renewal. Mr. Pribyt replied even if they had indication the day before the expiration of the liquor license, that would be enaugh to actually put us on record so they would be aware. Just so they could actually be involved in tha.t renewal process for charitable gambling. Ma or Lund stated there were four organizations that identified themselves at a previous � Y Council meeting. He would certainly be fine with just notifyin�those four of the outcome. At that point, the City can tell them they should re-notify the City each year, annually, if they have an interest. Our City Clerk, Deb Skogen, will then have an updated list of any and all organiz,a.tions. Councilmember Bolkcom stateti she understood what they are getting at. It is an ordinance though and is not just for the four organizations right now. Supposedly this is an ordinance that is going to go on forever. Maybe it makes more sense to actually say, "on or before a certain date"tha.n just"annually" so people are awa.re. 74 NIINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 6 Mr. Pribyl stated they could use "on or before" April 30, which is the expiration date of all the City's other licenses. Deb Skogen, City Clerk, stated staff sends out renewal packets for liquor licenses on February 1. If they were going to do it, she suggested they do it at that time. Councilmember Bolkcom replied it probably makes sense to do it before the actual license. Would there be something teliing an establishment that has an into�cating liquor license that people might be doing that so if they are interested in changing their lease or whatever that they would be aware of it,too? Ms. Skogen stated cuirently they keep a list of licensed organiza.tions. Any time anybody wants a list staff can provide that list. When they send out the liquor renewal packets,that is something staff could provide to them. Councilmember Bolkcom asked, recommend stating registered on or before February 1 annually or something like that. Mayor Lund stated that is when the packets go out but the packets are due back Apri130. CounciLnember Bolkcom stated she is saying if an organization just did it by a certain date, by February 1, then there is still that time. She asked Ms. Skogen if that is what she is suggesting? Ms. Skogen replied, yes, because you still have to leave time in there if an establishment is going to terminate a lease with an organization. She believed it is a 30-day termination notice. Mayor Lund replied it is. Councilmember Bolkcom stated she is totally confused about this whole thing. Attomey Knaak thought they could do the whole thing by tying it to the liquor license. What they are saying is any organization that is in an esta.blishment right now gets to continue to do that at that establishment as long as they have a lease and the establishment does not cancel their lease. Mayor Lund stated or they lose their license that is issued by the State. Councilmember Bolkcom stated but they will continue in that establishment as long as either they choose or the organization chooses or the place that is running that property chooses to. Mayor Lund staxed the lessee or the lessor. Councilmember Bolkcom stated or the establishment itself could lose its liquor license. Mayor Lund replied certainly because if they lose their liquor license, he would assume that the establishment is probably going to close their doors. 75 MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 7 Councilmember Bolkcom stated, right. Or if for some reason,that organization does not follow the rules a.nd loses their gaming license from the State,that would be another opportunity. Mayor Lund replied, correct. Councilmember Bolkcom stated but that is the only way an organization now in Fridley can get into one of those places. Compared to before there was the sunset language. Mr. Pribyl replied, that is true. As far as the State actually defining it and telling the City we could not tie it to a sunset date. Fritz Knaak, City Attorney, stated he does not agree with that; but the State can certainly take that position and it is no problem for the City not to do that. Council does have different options available. However, it really focuses on two different things: the State regulation of gambling itself and your own regulation. The State ultimately has the final authority in gambling regulaxions, and the City has a limited role. Attorney Knaak stated the second part was the liquor license regulation where the City has almost plenary authority to create and insist on certain qualifications for that license. The State actually has very little authority. Looking at this in one of two ways, there the general regulations the State has on gambling, which the City has a relatively small role to play in that. Where the City has a lot of influence and authority, is with the requirements the City imposes on a liquor license. Much of the restriction Council desires in order to supervise it better is actually based upon the City's authority to regulate the liquor license. That is really what it comes down to. For e�mple, if a restaurant in Fridley did not do what they were supposed to in terms of trying to find a local authority or somebody like that under this ordinance, the City would be reviewing them, not under the gambling ordinance, but under their liquor license. That is the fundamental basis for the City's authority of review for that restriction. Mayor Lund stated he understood the distinction Attorney Knaak made. He sa.id he spoke with Alice Jacobs, the auditor for a11 charitable organizations in Anoka County. Additionally, he contacted Tom Barrett, the director of the Charitable Gaming Commission. Absent a court ruling, in both cases they felt it could leave the City open to a challenge. For instance, somebody might challenge the proposed sunset. Even though the City sunsets it under its liquor license control, it could be challenged if the State says they have a State license to operate. Mayor Lund stated he brought this legislation forward in the beginning. He is happy with just restricting rt to future license people that want to get another site. If they are existing in Fridley here already, they are in. Although it is site specific, if they wazrt to get another license at another site, they would have to fit the new re�uirements of being either an organization based in Fridley or the waiver if no Fridley-based organiza.tion is willing or ready to get a charitable gaming license site in Fridley. Councilmember Bolkcom said she did not see how it helps the four organizations who have an interest: She asked how other cities were doing it. Mayor Lund has the opinion from people from the Gambling Control Board and Council has the City Attorney's opinion which are sort 76 MINUTES OF THE FRIDLEY CITY COUNCIL MEETIlYG OF MAY 10.2010 PAGE 8 going in two different directions. She is not sure how this is going to be helpful to some of those community organizations who want to get in. It is going to be quite some time. That is what was sort of nice about the sunset issue in tying it to the liquor license. There was a sunset there so some of those organizations that did want to, they aze still talking about two years because it was 2012. Just because they get challenged does not mean that someone is going to sue them. Attorney Knaak stated given the fact that these kinds of issues involve a lot of money, it is safe to say that if somebody was aggrieved by a decision that would be the kind of environment where you could anticipate a lawsuit. Councitmember Bolkcom asked if it meant, a lawsuit with money as the final result or just that the City would have to change the ordina.nce or change what it is doing. Attorney Knaak was firm in his opinion the City is on very sound ground regulating and restricting as it seems to want to do with or without the provision for the sunset in it. They are on very firm ground doing the regulating via the liquor authority. He certainly understands where the State is coming from, but it would be very inconvenient for them to a11ow cities to � have independent authority like this but they do. What Mayor Lund is proposing is legal. Mayor Lund said he thought it was the least offensive way to do it. He thinks it still gets him what he was hoping to achieve. Councilmember Bolkcom stated it is not getting what they originally talked about. It does not help some of those organization,s that feel this is a good way to make some revenue for their organization. Councilmember Varichak stated they are just waiting forever until somebody decides to get out. Mayor Lund stated this all came about because they changed the law from a biannual license to a perpetual one. Councilmember Bolkcom said Councilmember Barnette expressed at the last Council meeting tha.t he was concerned about the organizations in Fridley and whether they fit the proposed criteria. Councilmember Barnette stated he was very much in favor of a11 the possibilities going to Fridley organizations. He thirilcs the ordinance as it is written meets those criteria. Mayor Lund asked which changes. Councilmember Barnette replied he liked the redrafted ordinance that was handed out before the meeting. He was opposed to the sunset date. His main goal was to give Fridley organizations the best chance to raise money and spend it here in Fridley. 77 MINUTES OF THE FRIDLEY CITY COUNCIL MEETIl�TG OF MAY 10. 2010 PAGE 9 Councilmember Bolkcom asked why he did not stay with the original one that gives a sunset date. Councilmember Barnette stated because he heard that was not legal. Couneilmember Bolkcom stated one was a legal opinion and one was an opinion from the Gambling Control Boazd. Councilmember Barnette sta.ted he would go along with the Gambling Control Board. Councilmember Bolkcom brought up the other issue related to the 75%. They have a letter from Robert Mc Neill dated May 10, 2010, that shows they may not be meeting the criteria: The letter does not really say what they want. Coancilmember Barnette stated at the last meeting, Mr. Mc Neil discussed the item of 75% going locally. He knows the American Legion was talking about American Legion baseball and how the money goes outside of Fridley, but it really comes back to Fridley, because the Fridley kids are the ones playing the ball games. He thinks that v.vould be appropriate and would be part of the 75%. MOTION by Councilmember Bolkcom to receive a letter dated May 10, 2010, from Robert Mc Neil, Gambling Manager for Fridley American Legion Post 303, addressed to Mayor Lund. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTIl�TG AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIlVIOUSLY. Councilmember Bolkcom said the letter says that 22.3% goes into the trade area and an additional 14.2% is donated to the foundation and 20% percent is paid to the City of Fridley in taxes. Mayor Lund said talked to Mr. Mc Neil and told him the City collects 3% in taxes, not 20%. Mr. Mc Neil said it was tough for them to meet the 54%, let alone 75%. Also, the American Legion operates the site and owns the property and has a little bit different distinction in what is counted into their percentage. Property taxes can be added as an e�ense and can be counted towazds the contributions. In his discussions with the State, they said that a11 taxes except payroll t�es can be included in the percentage. In the case of Fridley Lions they pay a fee to rent the site. Councilmember Bolkcom asked if they made 50%or 75%. Mayor Lund stated it was not clear and they may technically already be in violation of the City's 50%requirement. Councilmember Bolkcom said at the first meeting, they stated they did not think they could make the 75%. 78 MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 10 Jack Velin, 5105 Horizon Drive, stated regarding the letter, if they combine them a11, it is way over 50%. Their position is they do not want the 75%to affect their other programs outside the trade area, such as the Airport Servicemen's Club at the airport, the Veterans' Home in Fergus Fa11s, and the Veterans' Home in Minneapolis. He wished they could come up to their post when they have those people there to eat. They take one ward at a time. They bring them to the post with escorts and they get to pick from the menu. They have a good time. They get out of the house and it is a chance for them to get away. The American Legion in Fridley has always been there for Fridley. They have done everything they can financially to help the City of Fridley. If you combine them all, the taxes, the $1,300 they put into law enforcement, those build up to 50%; but they do not want to have another 25% taken away from their other programs that benefit veterans. The charitable gambling is a good program, it has run good for years and years. Mayor Lund stated he certainly understands Mr. Mc Neil's original discussion at a previous Council meeting. He said he did not want the increased percentage because he did not want it to restrict their possible donations for veterans and soldiers. Under this new percentage,they would still be allowed to have 25% of their donations going to the state organization or further. The trade area is where you get almost all the monies from charitable gaming. Why shouldn't a percentage of it go back into that trade area.where all the money comes from. Quite frankly, the idea is so thax nationa.l or large charities do not come in and set up shop in any community with restrictions, such as Fridley, Blaine, etc. Those that benefit should be those who put into buying those pull tabs. That is the thought process for that percentage. Mayor Lund stated several other communities have higher percentages. Blaine is 100%. This all stems again from organizations in Fridley that cannot go outside of Fridley to get a site and they would like to share in the opportunity of having charitable gaming. Fridley cannot go out to those organizations. He knows Mr. Velin's issue is about the percentage. Mr. Velin replied,they have no azgument about the proposed ordinance. They are just concerned about the additional 25%. They do donate a.n amount of money outside the trade area, and they want to be able to continue those progams they feel are necessary and still make the contributions to Fridley for everything that Fridley asks for. Councilmember Bolkcom stated she did not think anyone is saying they are not doing good work and not only in Fridley. She thinks they are trying to have organizations givin�that money back to the trade area. It sounds like they may not even be meeting the 50%. She is not saying that every organization that has a gaming license is not doing good work, but some of the organizations that want to are not able to because of the way our City Code is written. Mr. Velin stated they have probably in the past exceeded the 50%. He is saying they do not want to be forced to go the 75%. The 50%has worked fine for all these years. Councilmember Bolkcom asked Mr. Knaak how many votes would be needed because this.is a second reading. 79 NIINUTE5 OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 11 Attorney Knaak replied it would have to be by consent, but it could also return as a first reading. They could have it set on for a fu-st reading again at which point it would be properly amendable by a majority vote. However, if this is going to be the second reading, then you have to have any modification of what is before them by consent meaning everybody has to agee. Not for final passage but for an amendment of the language. Mayor Lund asked and that is by law, not by parliaxnentary procedure. Attorney Knaak replied,that is correct. Bob Locker, 1601 Onondaga, staxed the problem with the document that their gambling manager sent out is that he tried to react quickly. He called the person who basically does their audits and all their books and said, can you give me a list. The first problem is they do not know what trade azea means. The second problem is they donate to boys state, girls state,Fridley High School, Totino-Grace, etc; but they have to send that money out. Throw away the letter. He talked to the gambling manager tonight. Mayor Lund stated he did talk to the gambling manager, and he brought this up. It was discussed at the last meeting and is one of the reasons they contirnxed it again. Find out if it is even a problem from the Gambling Control Board. Find out from the Legion foundation if the money is sent to St. Paul and how much reverts back to Fridley. Mr. Locker they gave donations to Anoka County for the Fridley library. Mayor Lund told Mr. Locker to be cazeful what he says on record because at the very least their gambling manager must know what the trade azea is as that is a must with the Gambling Control Board. In this case, the trade area is Fridley and any of the cities that aze contiguous to Fridley. There are nine other cities. When Mr. Locker states he gave to Anoka County he does not really think that is considered the trade area. If the money is funneled back down to the trade area,then it is part of that contribution. Mr. Locker said he did not understand why the City would want to tie gambling to a liquor license because he is sure there aze organizations that are doing gambling that do not ha.ve a liyuor license. Do the Lions have a liquor license? Mayor Lund stated, no, but he cannot think of a single case where there are pull tabs in an establishment that does not have a liquor license. Mr. Locker stated if Frid Fans had a gambling license,would they have a liquor license? Mayor Lund asked where would Frid Fans have their site. Mr. Locker said they could it have in a building and have rai�ling and have a State gambling license. He did not know what it had to do with liquor. 80 NIIN[JTES OF THE FRIDLEY CTTY COUNCIL MEETING OF MAY 10.2010 PAGE 12 Mayor Lund asked if he could give him a single case where there was a pull-tab operation that was not operating in conjunction with a bar/restaurant that serves alcohol? No one that he ca.n see would build a building that would hold pull tabs or some other type of lawful gambling without some other venue such as food,liquor, e�tc. Mr. Locker stated gambling is a separate organization. It is not part of the license for the business. Stan Kowalski, VFW, stated when the City is proposing to raise the amount to 75%, the City is keeping him from helping those people at the VA Home or the�A Hospital, regardless if they are from Fridley or Oshkosh, Wisconsin. For the City to go after the VFW and the Legion for an additional 25% to be spent directly here is kind of pushing them a little bit hard. He realized what the City is trying to do. It is not a bad idea, but keep it to the people that come in from this day forward and do not give it to them who have been there with them forever and a day. Grandfather them in on the 50°l0. Also, give it to the Lions who have come along with them for yea.rs. Do not tau them anymore on it. That is really what it is. It is a 25%more cost to them. Mayor Lund said he wanted to make sure Mr. Kowalski clearly understood. First, the VA Hospital is in Minneapolis, which is part of the trade area, therefore, it would not have any bearing in that particular case. When he says the City is taking 25 percerrt more away from him, that is also incorrect. It is not a tax imposed by the City. It is only saying they would need to give 75% of their donations to the trade area. They could give all the money to Minneapolis or to Brooklyn Center, for example. How they donate their money is up to them to decide and the State Ga.mbling Control Board to decide wha.t is lawful purpose. Mr.Kowalski stated what they need then is a clearer explanation. Mayor Lund stated the City is not trying to impose any taxation on the VFW or any organization and trying to restrict them to spend their dollars more in Fridley. What he is trying to do for Fri�ley organizations is to have the ability to have a gaming site in Fridley. Much like the restrictions already in other communities. He said fres market/enterprise should prevail, but it is not likely he is going to convince the other six or seven communities in th,e area to remove their restriction. He thinks it is only fair Fridley is on a fair and level playing field. The City is not trying to tell them where to spend their donations. That is up to them and the Gambling Control Board. They can give a11 their money to the trade area. Our percentage is on the low side. For example, say the Epilepsy Foundation came in here and maybe they are based in New York City. If those restrictions were not set in place, they could set up shop, pay their rent at Broadway Pizza, and all the money they get could go to benefit the organization in New York City. Many cities have imposed, and by law they can, a percentage that has to go to the trade area. Mr. Kowalsl� stated he now understands. It is still his opinion and he is voicing the opinion of a lot of vets, to keep them at the 50%. Anybody else that comes in from this day forward, let them go at 75%. This is what they should have for being loyal to the City. When gambling was good, hundreds of thousands of dollazs went into this area.to help. 81 MIlVUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 13 Mayor Lund asked Attorney Knaak to respond to any problems with doing tlus. Attorney Knaak replied the problem is you cannot start making distinctions between classes of people or organizations. The City does have a certain amount of that in the City's liquor � regulation where you have internal organizations, such as the veterans organizations are one category and they tend to be regulated he believed under a separate chapter and a sepazate regulation for others which is permitted. Again, the City has flexibility when you are talking about regulating things through the liquor laws. However, in terms of just regulating the actual license for charitable gambling, making a distinction between one or the other would cause the City a problem. That is a situation where he does think they would be challenged by some other organizations if they allowed the veterans 50% and they had to do 75%. If the City was challenged,in all likelihood,they would not be successful in upholding that distinction. Councilmember Bolkcom asked when Mr. Donohue mentioned about making an exception for the schools, would that be a similar situation. They spent the money in the school districts even though they did not meet the regulations of having a membership in our community. Attorney Knaak stated the law is actually pretty clear in terms of where you are allowed to impose restrictions and that has to do with basically contiguous communities. School districts as such are not identified that way. Councilmember Barnette asked Mr.Kowalski who is their gambling manager? Mr.Kowalsl�replied Stan Lowinski. Councilmember Barnette asked Mr.Kowalski if he could ask him to figure out their percentage using those nine contiguous communities. They have a lot of money going out to the Vets Hospital. That qualifies. Mr. Kowalski stated a lot of this is going to be changed because there is a new commander coming in July 1 and that is his decision. � Don Watson, VFW member, stated they understand some af the points Council brought up. He said they are not concemed about where the money comes from. The only money they keep is for expeases. There are 160 organizations in the Uruted States that send them requests for donations on a constant basis. They do a11 of their donations basically by request and they have never basically denied anybody. He understands the idea of raising the expenditure rate to 75%. Be.cause another city is doing 85% or 100%, does that mean we have to do that also? Maybe they are wrong and we might be right. Does the City dictate to any church in the neighborhood what they do with their money or who they give to? It does not, and he does not think there is any reason for the City to be doing it to them. Mayor Lund stated it has never been his intent to try and aid others in this community who are not ha.ppy with the amounts of money that they might be getting from charitable organizations. It is not his intent and it is not his place to tell charitable organizations where they can give their 82 MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 14 money. In his mind that is an incorrect statement. They can go anywhere they want in the trade area. Mr. Watson replied, he thinks Council should go to 25% because he thinks this ordinance is completely wrong. Mayor Lund stated that is a persona.i opinion. Mr. Watson stated he understands the idea of an outside group coming in and running collections and leaving all together. We have neighborhood associations running these. The City can cornrol this through licensing better than the 50/75 idea. They can control who comes into the City. The idea of going after the money issue and leveling it off in different areas is completely wrong, and he thinks that is something the City should look at. Shawn Donohue, Spring Lake Park Lions, stated he has a couple of things to say. Mayor Lund stated to Mr. Donohue there is something in tonight's change saying that the exception ofthe waiver that the Lions have been after is in here. Mr. Donohue stated he just wanted to clarify the waiver was in the proposed ordinance. Mayor Lund replied that depends on the final amendment. The verbiage in their packet had the sunset. Therefore, the word is that with the sunset or if you did get a charitable gaming license and we tie it to the license, you could lose that site a year from now if an organiza.tion from Fridley comes forward in the interim and so when the liquor license renews annually, on or bsfore April 30 of each year, you could be out. Under the new proposed laz�guage, after he discussed it with the Gambling Control Board somewhat in deference to our legal opinion, the City could go either way. His suggestion was those already here are not sunsetted and if in the future organizations are granted the waiver, they would be in until such time as they lose their license from the Gambling Control Board or it was pulled, suspended, etc., or if the lessor or lessee at the site location terminates the lease. That is the information he got from the State. Councilmember Bolkcom stated (D) is still in the one that is in their packet related to that the City ma.y waive the requirements if there is any organization that did not qualify if there was not an organization that did qualify. Whether you go with the one in the packet or yours, they are � both in there. Mayor Lund stated in the language proposed in their packet, if you have a license it could be revoked as tied to the liquor license. A Fridley-based organization could then go in. If we take the new language presented just before the meeting, it does not have the sunset clause. Councilmember Bolkcom replied, yes, it is the very same one, (D)and(D). It is still in there. Mayor Lund stated the new language is "in the event that the premise's permit is terminated by the owner of an establishment or an organizaxion; or a new establishment wishes to have lawful 83 MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 15 gambling conducted in their establishment; the owner of the establishment must first look for a qualifying organization as defined in this section." Councilmember Bolkcom stated it is different verbiage but it is (D) and (B) and a combination of(D) and(E)in the one that was handed out. Ms. Skogen stated the ordinance handed out prior to the meeting deleted the sunset clause and now would require qualifying interested City organizations to contact the City Clerk's office annually by on or before February 1. In (D), this is a new paragaph sta.ting, in the event a premise permit is terminated by the owner of an establishment or the organization or new establishment wishes to have lawful gambling, they must first look at the qualifying organization. Paragraph(E) is the same as it was for(D)before except that staff removed at the very bottom, "until such time as the qualifying organization may be found." If Council does adopt tiie ordinance this evening, they have a first reading of Chapter 603 which would be an amendment to the liquor license. Councilmember Bolkcom stated a portion of paragraph (D) was taken out and part of it is in (E). It still gives them an option. Ms. Skogen stated basically (E) states that the establishment needs to seek a qualifying organization and if they cannot find one, the City Council may waive the requirements and a11ow a non-qualifying organization to conduct gambling. Mayor Lund stated the waiver is still in there. Councilmember Bolkcom stated yes. Mayor Lund stated it does take out the second part of(E) saying we ca.n remove their license. Ms. Skogen stated that would be found under the liquor code, the charitable gambling endorsement of the liquor license. Mr. Donohue stated even though they do not have a current location in the City of Fridley, they do have the school district they help a lot. They do business in the City of Fridley. They have a progam in our school district which reaches up to 242 in Blaine. Any child in that school district who needs glasses who cannot afford them, they send them to a Fridley doctor. Also, they have a Sunshine Committee in their Club. Anybody who passes away or is in the hospital, there are certain criteria, they send them flowers and memorials and that also comes from a Fridley business. Those are things that may be affected a1so. Mr. Locker stated they should split this into two parts. The increase in the perceritage as one part and the other part on who should have a gambling license. People who come into the Legion and the VFW do not really understand what this is a11 about. Mayor Lund stated this is the fourth meeting they have had regarding this. 84 1ViINUTES OF THE FRIDLEY CITY COUNCII.MEETING OF MAY 10.2010 PAGE 16 Mr. Locker stated he thinks there needs to be more clarity so people can really understand what is going on. His only understanding is there are some organizations that want to get into the gambling, and they are not getting the donations that they would like and need to ma.intain their programs. For those organizations that have been supporting Fridley for all these years, sure maybe some are outside or a spin-off of an inside organization, he can see they have a problem. It may take time to actually solve it the way they want it or the way the City wants it. He does not believe the general population really knows what is going on and why it is being done. Mayor Lund stated the latest ordinance is the one he is going to have to go with. He really does not have an issue with leaving it at the 50'�0. It is a misconception, not the reality, that he is not trying to restrict how they donate their money. As long as it is lawful purpose, the City staff does not have control or say on that. They have to deal under their license v�vith the Gambling Control Board on what they spend their money for and that is for lawful purposes. He is not trying to ge�t more of their donating dollars. It has never been his intent. H'is intent was strictly because other communities around Fridley have these restrictions and Fridley does not. If they could simply go out to another community and at least go and apply for one, he would say, fine, let it go to free market/enterprise. He is having a hard time just trying to get things done in Fridley, let alone trying to convince six or seven other communities to remove that restriction. Councilmember Bolkcom stated she will not vote for the second reading of this amendment, and they need five votes. She would like to go back to a first reading. She does not think the Mayor is getting what he originally asked for with the ordinance that was handed out to them tonight. This is totally different than what they talked about at their last meeting. It is going to be a long time for those four or five organizations that want to get a gaming license in Fridley to get one in our City. Mayor Lund asked if she would be okay with the changes that were made in the one in their packet. Councilmember Bolkcom replied, yes. Mayor Lund asked what about the SO%vs. the 75%. Councilmember Bolkcom replied she will go back to 50%. It concerns her that some of these organizations do not even know if they aze spending 50%. It makes it hard for her to decide. Councilmember Barnette stated he is really kind of baffled. The 50% seems reasonable. First of all they are voting it has to be a Fridley organization. That is defined as one-third of its members have a Fridley address or the business has a Fridley address. Are we all in agreement to that? Mayor Lund replied,that has not changed. Councilmember Barnette stated and they are making a proposal to change to 75% rather than 50% the amount that must be spent in the trade area, which is the nine contiguous cities to Fridley and includes Minnea.polis. 85 MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10,2010 PAGE 17 Mayor Lund asked Councilmember Barnette if he was okay with leaving it at 50 percent. Councilmember Barnette replied, yes, he would be. If no Fridley organization is available,that rule can be waived, and then they could give that to an outside agency with no sunset. In other words, once they are in, they are in. There would be no sunset. If the Spring La1ce Lions came in and got a place,they would be there until that liquor license is gone. , Mayor Lund stated for clarity purposes, under State guidelines, the license does not renew biannually, it is perpetual. Attorney Knaak says they can still attach it to the liquor license where - they clearly have a lot of latitude. Councilmember Bolkcom sta.ted the whole thing belund that is then you are really not changing what is already there. Councilmember Barnette stated, for example, the Fridley Foundation is an vrganization trying to get organized as an endowment fund to raise money for Fridley schools. One of the ways to raise this money is to ha.ve a pull-tab operation. Mr.Myhra has done a lot of study on that and found out that is quite an extensive project, and you almost have to hire a separate company to do that. He thinks the Fridley Foundation is probably not going to pursue that. If there is not a Fridley organization, then we as the Council have the right to waive that rule and allow an outside group to come in. He has no problem with that. Mayor Lund asked how he felt about the sunset. Should it be attached to the liquor license or perpetual with the gambling lic�nse? Councilmember Barnette replied he is hearing two sides to that. Counciimember Varichak stated in both situations there are good things and bad things. She agrees with leaving it at 50%. She is torn between the sunset and the perpetual amount of time. She does not think it should be tied to the liquor license. Mayor Lund stated so she thinks there should not be a sunset then. Would she vote for the new one? Councilmember Bolkcom asked why she did not want it should be tied to the liquor license. Councilmember Varichak stated there could potentially be more restaurants opening up that those people could apply for doing the charitable gambling. The other organizations that do come into Fridley give money to Fridley and its trade azea. There are other plaaes that will either close ar reopen and she thinks there will be an opporlunity for those Fridley organizations that are on the list to come into Fridley. � Councilmember Saefke stated he has no problem with the 50%. He tends to agee with Councilmember Bolkcom's position that we have the sunset in there. It seems to him tha.t the whole impetus behind even looking at this ordinance was to allow Fridley organizations to get their feet we�t in Fridley establishments. From what he understands from the past four 8b MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10.2010 PAGE 18 discussions is that charitable gambling is not as easy an endeavor as some people might think as far as hiring capable people to run the operation. As they heard tonight from their veterans orga.nizations, they have actually subcommittees to deal just with charitable gambling within their organizations as far as spending and so forth. Even though there is a sunset here, come 2012, Fridley organizations that are willing to undertake this operation will have first crack and, if there are none, then we still have the exception in there to a11ow others in there. Mayor Lund stated he agreed with both of them to a point. The thing he does not like about the sunset is simply the fact that you give it somebody and then a year later, tied with the annual liquor license, it changes. Councilmember Bolkcom stated,but it could be yanked out by the restaurant,right? Mayor Lund stated because they will not be getting any consensus tonight, how would they revert this back to a first reading? Attorney Knaak stated they would do it by motion. He does not want this to seem like some bizarre technicality. In a legislative proceeding, such as what they are in right now, embodies what they have by Charter, the required more than one reading. The purpose of the first reading is to actually examine for the first time, and make any necessary amendments, have debate about the language. The purpose for the final reading which is in their case the second reading, is €or the amended version to be out there, published, and then just take simple final action on that. The reason why there is an allowance in these procedures for situations where you have a consensus is to usually correct errors of relatively minor things that everybody can agree to. The way it is suppose to work is by what is called a working session is the session in this particular case would be the first reading. If it is not ready, then the appropriate motion would be to put it back on the table for a first reading and have discussion, especially if they think there is going to be a 4-1 or a 3-2 vote. Councilmember Bolkcom said they just ignore the second reading and make a motion to go back to a first rea.ding. Attorney Knaak replied, yes. This is the first time he has seen this in City Council for about 20 years to ha.ve the matter revert for a first reading. What that basically mea.ns is they are putting it back on the agenda to work on it and amend it. MOTION by Councilmember Bolkcom to revert back the Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated she was thinking they go back to the one that is in the packet. What she was hoping to do is use the one in the packet and then add the part of(C) and bring those two combinations back together. It would be Section (C) that is on the one handed out 87 MIl�TUTES OF THE FRIDLEY CTTY COUNCIL MEETING UF MAY 10.2010 PAGE 19 related to qualifying interested organizations wishing to conduct...and add"on or before April l, 2010." If staff could at least put that in there so Council can also discuss that. Councilmember Varichak asked whether she meant February 1? • Councilmember Bolkcom replied, yes, on or before February 1 and annually. Ms. Skogen stated just to clarify, Council would like the changes by the agenda plus(C)? Counc�member Bolkcom stated she thought that was part of the discussion. Ms. Skogen asked, and then take out the 75%. Mayor Lund stated that is about the only thing they have consensus on. The other things are going to be up for debate. Attorney Knaak stated it is a practical question in the sense that they are looking for wha.t ]anguage would be the basis for what is in the agenda. What he would suggest and what they should anticipate is that it be wha.t was in the agenda packet toda.y and that amendmerrts and discussions arguing amendments should be based on that language. He thinks what staff is suggesting is what will be the base document, in other words,what will the first reading be based on. He recommended they just use what is in the packet at this time. Mayor Lund stated the basis is the information that was prepared in the packet. The amendments would be most likely the information that was submitted late tlus afternoon. Ms.Skogen asked so it would be the whole thing for discussion. Attorney Knaak stated the amendmems would have to be separately prepared, but the base documents for the first reading would be what is in the packet. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIlVIOUSLY. r�w BusnvESS: 9. First Reading of an Ordinance Amending t6e Fridley City Code, Chapter 603, Intoaicating Liquor,Pertaining to Section 603.25,Gambling Endorsement. MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember Saefl�e. UP'ON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 88 This page left intentionally blank. 89 FRIDLEY CITY COUNCII.MEETING OF JUNE 14.2010 PAGE 5 Northwest Asphalt 1451 Stagecoach Road Shakopee, MN 55379 61 st Avenue/Moore Lake Drive Street Reha.bilitation Project No. ST2009-02 EstimateNo. 1 ...............................................................................$193,485.88 ADOPTION OF AGENDA• Councilmember Bolkcom asked for the City Council minutes and Item Nos. 5 and 6 to be removed. MOTION by Councilmember Bamette to approve the Consent A,�enda with the removal of the City Council Minutes and Item Nos. 5 and 6. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIlVIOUSLY. M01'ION by Councilmember Bolkcom to adopt the agenda with the addition of the City Council minutes and Item Nos. 5 and 6. Seconded by Councilmember Saeflte. UPON A VOICE VOTE, ALL VOTIl�TG AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM(VISITORSI: None presented. � NEW BUSINESS: 9. First Reading of an Ordinance Amending Chapter 30, Lawful Gambling, and Chapter 603, Intozicating Liquor, of the City of Fridley City Code Defiuing Licensed Organizatians to Conduct Lawful Gambling. Deb Skogen, City Clerk, said concems were raised by Fridley organizations wishing to conduct lawful gambling. Staff conducted a survey in January: — Six cities required organizations to have principal business or an operation within that city. (Since that time New Brighton has removed its restrictions.) — One city provided a waiver to an organization with significant community involvement. - — Organizaxions were required to spend 60%to 85% of their lawful expenditures in the trade area. 90 TRIDLEY CITY COUNCIL MEETING OF JUNE 14.2010 PAGE 6 Ms. Skogen said staff discussed the results of the survey with the City Council at a conference meeting and was directed to prepare an ordinance. The first reading of the ordinance was held March 29, 2010. At that meeting, a11 individuals present spoke in favor of the ordinance. After the meeting, letters were mailed to the licensed local establishments and those organizations conducting lawful gambling in the City. Ms. Skogen said on April 12, the ordinance was removed from the table for the second reading. The City Council took additional input from the public and tabled #he ordinance until the meeting on Apri126. At that meeting, a representative of the Spring Lake Park Lions spoke and said they were opposed to the ordinance because of the contributions they have provided to Fridley residents and businesses. A representative of the Spring Lake Pazk Youth Hockey Association said 10% of their organizational membership was from Fridley. A represemative from Broadway Pizza indicated they were concerned as they had just cha.nged organizations after interviewing four and had leased to the Spring Lake Park Youth Hockey Association. A representative from the Fridley American Legion said they were concemed about the required 25%increase of lawful expenditures in the trade area. Ms. Skogen said on April 26, the item was removed from the table for the second rea.din,g, discussed and then tabled to the May 10 meeting. The City Attorney said the City had the ability through its liquor licensing to place a preference for Fridley organizations or place additional restrictions on lawful gambling. The City Council discussed whether or not to include a waiver in ca.se a Fridley organization could not be found. The VFW and the American Legion again spoke against increasing the amount spent in the trade area. Ms. Skogen said on May 10, the ordinance was removed from the table for the second•reading and discussed. Amendments were proposed. The City Attorney stated any amendment would have to receive a unanimous vote. After fixrther discussion, the ordinance was sent back for its first reading to a11ow the City Council and staff time to address the concerns raised and to redraft the ordinance. Ms. Skogen said on May 24, the City Council met with staff at a conference meeting to discuss this ordinance. The following changes were made to the ordina.nce: — Chapter 30 • Defines a qualifying organization; • Removes the 75%expenditwes in the trade area;and • Removes the limitation on how many premises an organization may conduct lawful gambling. — Chapter 603 • On-Sale liquor licensed establishments must seek qualifying organizations to conduct lawful gambling; • If an establishment cannot find a qualifying organization, the owner must attest to that fact; • The City Council may waive the requirement for a non-qua.lifying organization. 91 FRIDLEY CITY COUNCIL MEETIl�TG OF JUNE 14.2010 PAGE 7 Ms. Skogen sa.id staff recommends Council hold the first reading of the ordinance. Councilmember Bolkcom asked Ms. Skogen to read the statement as to why this chapter is being amended. Ms. 5kogen read the 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 City finds that, for the purposes of greater supervision and access of information, a more restrictive requirement for the location of licensed organizations to those located within the City is in the interest of the health and safety of the citizens of the City of Fridley." Mayor Lund sa.id when a restaurant comes in, they will have to attest they tried to find local organizations and then Council could make a waiver available. Councilmember Bolkcom said if a restaurant changes ownership, changes will not be seen until April of next year. Mayor Lund said that is correct. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and approve the ordinance on first reading. 5econded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANiMOUSLY. Councilmember Bolkcam asked when the ordinance would become effective. Ms. Skogen said that the second reading will be an June 28 and then published in the paper the following Thursday. Thirty days after that the ordinance will be adopted. 9A. Minutes of the City Council Meeting of May 24,2010. Councilmember Bolkcom said on Page 6, change"Councilmember Bolkcom asked if one-of the election judges should be included because of the pay" to read"Councilmember Bolkcom asked if staff should be used instead of election judges because it is more e�ensive to pay staff than election judges." And on Page 7 towazds the bottom of the page change "pending" to "spending." Also change the next paragraph after that to read "Councilmember Bolkcom said she does not have a problem with the resolution but she was concerned about the quorum and budgets being appr.oved for expenses that would come back to the City of Fridley." MOTION by Councilmember Bolkcom to approve the minutes as amended. Seconded by Councilmember Saetke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 92 This page left intentionally blank. 93 FRIDLEY CITY COUNCIL MEETING OF JUNE 28.2010 PAGE 3 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, and Chapter 643, Intoaicating Liquor, of the City of Fridley City Code Defining . Licensed Organizations to Conduct Lawful Gambling. William Burns, City Manager, stated the ordinance redefines organiza.tions that are pernutted to conduct lawful gambling in Fridley. One-third of its members must reside in Fridley or the organization must have its principal business in Fridley. Establishments that hold Fridley liquor licenses must seek qualifying organizations or attest to not being able to find one. Council may waive the qualifying organization requirement. As has been the case in existing law, these organizations must spend 50 percent of their proceeds within the City of Fridley trade area. Staff recommends Council's approval of the second and final reading of this ordinance. WAIVE THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1270 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS• 2. Receive the Minutes from the Planning Commission Meeting of June lb,2010. RECEIVED. 3. Resolution Providing the Sale of $2,810,000 General Obligation Utility Revenue Bonds,Series 2010A. � William Burns, City Manager, stated the resolution authorizes sta�to work with our bond counsel, Ehlers& Associates to sell$2,810,000 in utility revenue bonds. The hond proceeds will be used to pay for water, sewer, and storm water improvemerrts constructed in 2010 and 2011. Staff is recommending a two-year issue in order to sa.ve money on bond issuance costs. Staff will ask Council to award the bid for the sale of these bonds at Council's July 12 meeting. Staff recommends Council's authorization to seek bids. ADOPTED RESOLUTTON NO.2010-34. 4. Resolution Providing for the Sale of $1,270,000 General Obligation Improvement Bonds,Series 2010C. William Burns, City Manager, stated the proc�eeds will finance the special assessment portion of the 2009 and 2010 street projects. Council is issuing the bonds for a two-yeaz period to save on issuance costs. Staff will ask Council to award the bid for the sale of these bonds at their July 12 meeting. Staffrecommends Council's authoriza.tion to seek bids. ADOPTED RESOLUTION NO. 2010-35. 94 Attachment 2. City Council Draft Meeting Minutes of April 28, 2014 95 FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2014 PAGE 5 • An indemnification agreement provided to the City prior to the issuance of a license requiring the licensee to defend and hold harmless the City from any and all claims. That form will be about a two-page form, very short, and would be for the carnival operator. Ms. Skogen stated staff recommends a motion holding the first reading of this ordinance. Councilmember Bolkcom asked if there is a reason they indicate only "outdoor event". What if the carnival is indoors? Ms. Skogen replied staff tied it outdoor event mechanical atltriu�sement rides, because if a school were to have it,they most likely will not have mechanica���c��. Councilmember Bolkcom asked, what about a circ�as? �' :�,� � Ms. Skogen replied staff tried to tie it to outd����.' Councilmember Bolkcom replied why? Ms. Skogen replied part of that w� be�use of some of�the questions that were raised about carnivals. They thought about exemp�ag sr��rapls, but the,� they started talking about churches and some other things and thought they"u�oulc�j�t'�i���horten th���finition. Councilmember Boll���'Cafi� at the bat�am of Y�e �i�;�,age o��ie resolution, the word "or" ,� should not be there. � .�;,,��; �,.,,=� ��� ��iT; ';�I i. Darcy Erickson, City At�r�ey, st�i�d the word��ould be replaced with "and" to show there is a serial list of r��,�?ents. ��: MOTI��I by Counci��at�ber ��#ke to wai� Che reading of the ordinance and adopt the ordinanc���t first readmg. �,�onded li�+Councilmember Bolkcom. �, _ �;. � � ,� UPON A Vi�`I�CE VOTE, ��L VO'T'TNG AYE, MAYOR LUND DECLARED THE MOTION CAR��D UNANTIA��USLY. NEW BUSINESS: 12. Resolution Waiving Requirement for Non-Qualifying Organization and Supporting the Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Broadway Bar and Pizza, Located at 8298 University Avenue N.E. (Ward 3). Mayor Lund removed himself from this item as he has personal interest being a member of the Fridley Lions Club. He handed over the chair to Mayor Pro Tem Robert Barnette. 96 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 6 Deb Skogen, City Clerk, said Minnesota state law requires lawful gambling organizations to apply for a State premise permit and obtain a resolution of support from the City they will be conducting the business in. The City received a premise permit application from the Spring Lake Park Lions for Broadway Bar and Pizza. The Spring Lake Park Youth Hockey was previously conducting lawful gambling at Broadway Bar and Pizza, but their lease agreement ends at the end of April. Ms. Skogen stated Fridley City Code, Sec. 603.25.2.E, requires an establishment to seek a qualifying organization. Section 30.01.1.B defines a qualify,�� organization as one having a third of its membership residing in the City or one havmg ��h�incipal office ar business in the CiTy for a continuing period of at least one year. If an est�i,��unent is unsuccessful at locating a qualified organization, they sha11 attest to that fact .iii� ;t�i��r ���uor license application. City Council may waive this requirement for a non-quali�yi��''orgaruz�:�n. Ms. Skogen stated Broadway Bar and Pizza �1�rviewed five organ��tions, two of whom are qualified organizations. They interviewed the ���iley American Legio�,;';Fridley Lions, Spring Lake Park Lions, Minnesota Youth Athletic S��"�w:i�es, arxd' �e St. Pau'1 �'i�refighters. After meeting with the five organizations, Broadway Bar � P�;� determined the.�gring Lake Park Lions was the best fit for their estab�;��nt. � Ms. Skogen stated the Spring Lake P�k Li�r� recently c�ducted lawful gambling at the Shorewood Restaurant un,til it closed Apr�t 3. Bra�d��y Bar at�d Pizza and Spring Lake Park Lions are asking the Ci't�.�o ��a waiver���owin,�t�em tt� condu�ct lawful gambling in Fridley for a non-qualifying or�hizatio�.. � � � � � � ��. 't: ,�i ° Ms. Skogen stated staff'�,c�t�tacted'�� Minneso`t�,�ambling Control Board and found there are no outstan iss�es, no op�ri�rt���i���s, and n��ompliance issues or citations. Therefore, � ' staff rec�r��`iids'#���� Couri��l discuss���pa�d waiver with the Spring Lake Park Lions �� <<� u , � i�,, and B�c���vva Bar and"� �� a. I�'���;City Co '���'��grees to a waiver adoption of the resolution in support oaf the premise p�t woi��ie in order. � Councilmemb��r : Bolkcom a��d if there aze charitable organization applicants in the community who q�u�.l,ify. Ms. Skogen replied ye�; Councilmember Bolkcom asked the owner of Broadway Bar and Pizza, to explain the second paragraph of his letter: "We are asking that a portion of their donations be presented to a Fridley organization,to benefit the community operated in." Michael Schrauth, Broadway Bar and Pizza, said he provided the City with additional information. The business had been in the community long enough to know the community supports the restaurant. By having the restaurant support the communities, they in turn gain business, revenues, etc. They would like the organization they choose to give back to the community. The Spring Lake Park Lions seem to have done that in the past to specific Fridley 97 FRIDLEY CITY COUNCfL MEETING OF APRIL 28. 2014 __ PAGE 7 organizations, and he felt they were a good choice. He felt some of the other organizations had not been as successful. Councilmember Bolkcom asked how he knew that. She asked if they asked the candidate how much they made on their charitable gambling. Mr. ScLrauth replied the charitable gambling is a matter of public record. Councilmember Bolkcom asked if they made that part of their decision. Mr. Schrauth replied, yes. Councilmember Bolkcom stated it is hard for her to�w�ive t1�� when there is an organization that resides in their community. If she rememb��,,�e discu����� back when they made the decision as to how they do things, if there was;�;q!.t�rganization tlia�t.u�as in Fridley that met the qualifications, then they had an avenue to w,a,�'{'''�if so they could ha�,�� outside organization. She feels once they waive this, what would pre:;;," t another eating estab�'��ent from wanting it � waived. It seems there are good candidates in Fnc����,, Mr. Schrauth replied he was not g����w tell her the ca�d'idates are insufficient or bad. He is asking because he thinks the organiz�it�n ��,�hoose wi�� � the best job. They demonstrated some points of difference. They are c�p�ratin�� �cr.oss the s�'e��, from Spring Lake Park. The organization has a good handle and u�derstandi�� '�f the ki� of needs their guests have because they draw fro� � ��e commur��. Th�� �1,��;;perforin very well in the charitable gambling arena. Th�� �ring in�,gs that a��,�U't#he usu�!'�'t��ns of gambling. Their bingo is successful because tlie� au'e doing.��tnovative ,"�`interesting fhings. He feels the participation they have been able to d��l��wi11 h���his restaur�perk: Counci�ember Bc��co�m aslc�ad if it wo� ��a th� 'opposite once people knew they were not supporti�g the Fridley L���s. Mr. Schra�.f�.replied he thi��they will.�nd there are enough organizations in Fridley that are being benefited �� donations �t��n the S�ring Lake Park Lions. He referred to a letter listing organizations the'�pring Lake F�Lions are directly donating to. , ; i, �� Councilmember Bolkr���n a��`if during their interview process, they went back to the Fridley Lions and asked them ho�w�y could do things different. Mr. Schrauth replied there was a lot to be said about the presentation that was made and what their interests were. However, he did have a good lengthy conversation on the telephone with an active member of the Fridley Lions. It was important for the Fridley Lions to understand what they are doing right now that is successful and compare that to what the Spring Lake Park Lions are doing right now that is successful and determine if they can transfer those successes to their business. The long-term effect and the biggest interest of his establishment are the revenues. The underlying factor is whether the community and the organizations that have needs are being helped by the Spring Lake Park Lions, who has demonstrated that in the past. If you concentrate 98 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 8 on those kinds of things, the revenues will come, because you want those people to come. The Spring Lake Park Lions are donating to different communiTy organizations in Fridley and are operating at a Fridley restaurant. The community does benefit. Councilmember Bolkcom asked Mr. Schrauth if people came to his establishment because of the food and the atmosphere. Does he think a huge draw would be the different types of gambling that takes place? Mr. Schrauth replied by and large 90 percent of the people are coming there for food. There may be some who just have an interest in the gambling. �e would like to retain the food business they have and expand in some other areas. He has���l rnild success with the charitable gambling operations that have operated there. , ,: Councilmember Bolkcom asked if he felt people �o�ii�� stay ar+p�d longer because they would participate in some new gambling opportumty ,,,; ; � ` �. � Mr. Schrauth replied, yes. In some cases, they.�come for the gambling opr�rtunities. t MOTION to receive a letter from A�anda Jackson q��.;��pring Lake Park �itans dated April 28, 2014. Seconded by Councilmern��I�`,�����flce. ` � ���, ' � UPON A VOICE VOTE, ALL VO��;j � G �,`I�I'�., WITT�� "'T�iE MAYOR ABSTAI1�tING, MAYOR PRO TEM... �BARNETm� DE� �;��,��iED "�� MOTION � CARRIED ,, UNAIVIMOUSLY. � � Councilmember Barn�i'�� stated�e;was on th��t�uncil when they agreed to pass the ordinance, and there was a lot o� �phasi�� �t that tim+�� tio benefit Fridley organizations, i.e., VFW, American L��i�n. He is a '1'�ttl�ktifi ��`y of a wai�er, as long as there were some other Fridley organiz�t`�at�ti�a't���� �nvol��d��this. �T'l��r,���;�wer��t least two. He would like to hear a little more f�'�rn'the Fridley o��izat��''�_as well. ��I'�� �sked Mr. Schrauth whether they interviewed both the�ierican Legion��the 'L��ws. �„ �I�; Mr. Schrauth r��lied, yes. Ther�were axso organizations that were outside the Fridley area. Councilmember B�cpm asked Amanda Jackson to summarize her letter. Amanda Jackson, Spruig �ee Park Lions, stated she has been the gambling manager at the Spring Lake Park Lions for`not quite a year. During that time, they were operating out of the Shorewood in Fridley and they had good rapport with them. They are asking the City to consider the Spring Lake Park Lions. Councilmember Bolkcom stated the manager from Broadway Bar and Pizza is asking that a portion of the donations be presented to a Fridley organization to benefit the community it is operated in. Is there a percentage that has been discussed? 99 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 9 Ms. Jackson replied they have not discussed any figures or amounts. She did bring to his attention all of the money that Spring Lake Park Lions has donated directly to Fridley. She said some of the donations in 2012 and 2013 were to the Fridley '49ers; $1,000 to the Anoka County Library, Fridley Branch on Mississippi; $1,000 to Lee Carlson Center; three times to the Mea1s on Wheels in Fridley and also to the Springbrook Nature Center. They are also big supporters in District 16, and about 1,450 students from District 16 aze Fridley residents. Councilmember Bolkcom asked Ms. Jackson if she meant scholarships. Ms.Jackson replied various different scholarships (they have a�cholarship fund), they donate to the robotics team, and community ed. The list of what they��r,r��e to the school is very long. Councilmember Bolkcom asked if all that money wa��o�iiii��r�m their gambling profits. „�,� , . , �;� Ms.Jackson replied yes. Everything listed is frQ��'teir lawful gat�.b�ing proceeds. �'�':"' �i„�, ; Councilmember Bolkcom stated but, again, �'��� the $1,000 to CEA�'; they are not just for Fridley. It is for surrounding communities such as C�.alumbia;�ights. ;; i; Ms. Jackson replied, they donated ����!Q to SACA`'���h is exclusive to Spring Lake Park, Fridley,and Columbia Heights. �,.,� ,: ja„ 01 ,. Bradley Sielaff, Fridley I.ions, stated he��i� �ambY�:�nger �ar��e Fridley Lions; and they aze a qualified organization. H�: ��s not unc��r�tand �+�� � �n�n-qua.�i�'ying organization can get a permit ahead of a q�i��ing orgat�i.zation. H��;� �ie'haritabl� ,��mbling report from 2013 which goes to the legislature��t is issuei��y the Gam�lir�g Control Board. MOTION b�,�q�xlmem�.����,.ti�;x�ceive� 2013 Lawful Charitable Gambling Report from Bra�cl��y"�ie��' :S�cond�t�!�`�Counc�Y�t,�laer��eflce. ,�,,�, , i �,, i� p<<�, � � UPON � VOICE VO'1�'�,; ALL ''��TING AYE, WITH THE MAYOR ABSTAINING, MAYOR �'It0 TEM � ��RNE"���"� DECLARED THE MOTION CARRIED UNANIMOU'��,;�'. �� ��� Mr. Sielaff compar�i�;t,lie Fnd�e��ions and the Spring Lake Park Lions. The important part of lawful purpose experit���es "''ws the amount of money donated to charitable causes, the percentage of everything t�;�oes to charitable causes and what taxes aze paid. Lawful purpose expenditures are charitable�c�onations plus taxes. For the Fridley Lions, 52 percent has gone to lawful purpose expenditures. Under charitable giving the Fridley Lions donated $218,000 in the fiscal year starting in July 2012 to June 2013. They have contributed more than 50 percent of that just inside Fridley alone. Fridley Lions has donated more to Fridley than Spring Lake Park Lions has donated in total. They are committed to Fridley and spend a lot of money in Fridley. Councilmember Bolkcom asked Mr. Sielaff to tell them some examples. Mr. Sielaff stated they give outside Fridley, too. They give a lot of money to Anoka County. 100 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 10 They give a lot of money to the Fridley School Foundation, Youth in Government. They donated $20,000 in this fiscal year to Springbrook Nature Center. They donate to the City of Fridley for Winterfest, Safety Camp, and also to Fridley '49er Days. They gave out $40,000 last year in scholarships which were distributed to all Fridley residents, even a few outside the Fridley School District. They donated money to Fridley Women of Today, the Historical Society, Athletic Fridley Youth Sports Association, Wrestling Boosters, swimming teams, community theater, and Stevenson Elementary and Hayes Elementary carnivals. Councilmember Bolkcom asked Mr. Sielaff whether he was part of the interview team. Mr. Sielaff replied, yes, he interviewed with the general z�t�.ger, but only after he found out from one of the members. He was interviewed at the end. , Councilmember Bolkcom asked Mr. Sielaff wh�er he was��'�,�re that every year they are supposed to let the City Clerk know the Fridley��'��'is qualified a�d�vailable. Mr. Sielaff replied he did not. He thought the�;�+�re. They are now on a'�i�t to be notified. Councilmember Saefke stated the ��� he read the �p�+d��,�, he did not see�1�.�s an option for the owner to pick and choose if ther� �,��qualified com��,uiity organization that has a gambling permit. It would only apply if there ��x��to q�alifying o��nizations, but that was not the case here. Mr. Sielaff stated he ��e i��lly concert��i about gro'���ing a �+aiver because it would be precedent setting. A��!t�rganizafii�a could th�°j�,,��e,in and�ke on a gambling operation. ,�,i � Councilmember Varicl�,�tk state�3 she agreec�� 1�at if there were no Fridley organizations interested th��a,���vould�p'!�`��.�'���� , ,,,, ' ��, ��, Mr S��`f stated he uncl�arstooc�'��t is what�i''"�'>pened at Shorewood because they left the site, and he tl'��ht the Amencr�,:Legion c��ided not to go there. Steve Linder,�!�r�sident and C�,of the�Spring Lake Park Lions and also the gambling manager of the Fridley Arn�can Legiort,�,�aid he interviewed with Travis from Broadway Baz and Pizza. They talked about tl��zfferentk��ganizations that applied and interviewed. If he were an owner of a business in Fridle'�, ;��,,����1d also look at the track record of the different organizations, what they have accompli��l''+�, and what new things they have done in the community. Spring Lake Park Lions has added e'�'abs, and Coach Bingo,where they give a Coach purse away. They have averaged 300 people per session for that. He said he did tell Travis the Fridley American Legion is a good organization, but he thinks the Spring Lake Park Lions has a better program. Ms. Jackson has done a great job in the year she has been with the Spring Lake Park Lions. He said if an organization drops two businesses in a year because they were not making enough money, that is a problem. The Spring Lake Park Lions got out of Shorewood because the restaurant closed. The Spring Lake Pazks Lions are looking to make more money to give back to both Spring Lake Pazk and Fridley. 101 FRIDLEY CITY COUNCIL MEETING OF APRIL 28 2014 PAGE 11 Councilmember Bolkcom asked Mr. Linder if he could explain the difference in the percentages on the charitable gambling report. Mr. Linder replied he cannot. Ms. Jackson could. Ms. Jackson stated the difference in their expenses is because they have full-time office staff. Her full-time job is strictly to be a gambling manager. They also have a full-time assistant gambling manager. That is how they have been able to come up with some different types of events and put a lot of time and effort into planning them, because it is their job. The other things they are doing, which are costly but worthwhile, is the�t�se a point of sales system with computers. If their pull tab sellers need any help, if they ar�:�ggling with computer problems, there is one of them always on call who can help. Th�e�, l�ve surveillance systems they can access from their iPhones. They are just a little bit ah�a�'ti��'itable gambling, and that does take some expense that others have not taken on. T�e��also ha��;�an office and a warehouse in the back they rent every month. Councilmember Bolkcom asked Ms. Jacksc���,��bout the charitable p++�r�entages and what is given back. Ms. Jackson replied, right now theq�e $108,000 pro�i�t for last year. They have given away $78,000 with a good chunk of mone� �a �t��,�ventually. �,11 the money they make they give � back to the communities. They do l�'�±�e m'l��i�y which t�� hold onto because it is a hard business. Sometimes you l�ose $20,000 in�:=.month. `T��ey are alvv���,prepared if they have 2,4, 6 bad months where the����n�rt i�lcing any�qney. ' � l;�i�� �, �� "� Councilmember Bo1���{n stated��t she sees�!��,�difference between the Fridley Lions and the Spring Lake Pazk Lions��.�ar as t}a�im,oney that�.���ctually going back into the community. Ms. Jacl�#� �tat��l, i?�h�n the�r �z�erated t��t;�!�,th�`�'horewood, it was not a No. 1 site. They never ��cne out ahead: ,'�'l�;ey we�� �ble to pac�e i�e place and had bingo players playing on the floor. 1V��.�be they did not t�a,ke a p�nfit there but they certainly tried. However, they did help the bar and al�o brought in ta��noney. Councilmembe�'��lkcom stat�l i�he is still having a hard time trying to figure out why the City Council should wai�';'k�,e restn��on. There are two organizations in Fridley who fit the criteria. Ms. Jackson replied she ��,��d twice for a permit at the Shorewood. Not an issue was brought up to get them into the Shorewood because the Fridley organizations did not want it. Now they have a bar owner who wants their organization and wants to implement some of the new things they aze doing that their competitors are not doing. If the Fridley Lions wanted all of the sites including the sites that are not generating money, then she can see it. She did not think it would be an issue. That is why she approached Broadway Bar and Pizza. Mr. Schrauth stated he understood the spirit of not issuing the waiver and setting a precedent, and he understands the spirit of the legislation the City passed. However, as an owner of a business trying to be successful in a tough world and environment, there are a number of things 102 FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2014 PAGE 12 coming up such as the minimum wage, the need for insurance, the increased costs of product, all take their toll. His interest is to survive and improve his business. If the City wants to make this kind of legislation, the City should offer more organizational choices than just two when deciding who is qualified before it offers a waiver. Councilmember Bolkcom stated first of all, the City does not have bars. It just has restaurants with intoxicating beverages licenses. The City has existed like this for a very long time. The City has fewer restaurants. Some of them are gone. She asked Mr. Schrauth whether he could not work with the charitable manager for the Fridley Lions and do some of those same innovative things that are out there. Mr. Schrauth replied they would prefer someone who had d�monstrated their ability to do this already. He was not an expert, and he is not the one w�p�m��,��with the ideas. That is why it is nice to have a full-time manager overseeing tl�c�se'�1�"uids of�a�gs, making it profitable for themselves and generating more business. „ ; � ��� . �<< ,� � , Councilmember Bolkcom stated it is hard for „ to look at the charitali��;�ercentages that went back to her community from one organization v'���s the ot,��r�ne. If M�` �c,hrauth came back to them in a year and said, it is just n,at working, she'�1d��`be see having a��iver. � � �,� ,, ;, Mr. Schrauth stated as to the a11ow����"����ses, the ���i��000, multiplying that times two is where you come into the $700,000. Th��iiff`����between i'�e two looks to be $300,000; and the difference between th� .charita.ble ��i�ing, th� �i;508,000 ��a�sus the $388,000 is about $112,000. This is intexe��,�,h�m becau��e a1����►�1����ens�`are dictated by the State. It looks like the Fridl�� ;�;'ions op���es more �������ly as�t'�y� have less allowable expenses; ,, , however, some of them�;�e things�1iat are hap���tng that are good today. They may be paying higher wages to their p��e wl� ���� worlcm��'�r�. operations, etc. Maybe you can be more efficient an�i�iv�.mQZe mone�,b�t���+e other tha�igs that need to be looked at,too. � �� ',�» ; ; � , {� Coun�l+�mber Bolkct�It�►rephed,��is only Y����c�ing at the bottom line. ��P��i`� ' � � �. CouncilmeiV��W�r Saefke sta°���` �VIr. S���th's primary purpose there was as a restaurant, not a ;: gambling esta�,��,�nent. Garrib��,j,g is a��ivilege the State grants through the City ordinance. It was not written sb,�owner ca�'��ck and choose who it wants. The City made this ordinance so its local organizatio�;� �an get�t�t bid. One of the reasons it exists the way it does is because other communities excl�d,���ey's organizations from even attempting to do gambling within their communities. Mr. � „�,';,'`th's business would not depend upon pull tabs or bingo, it would depend upon his service ani�"quality of food. Costs will go up and he is sure Mr. Schrauth will pass those on to his customers in order to operate and provide himself a net profit so he can stay in business. Jim Blazer, 16 Rice Creek Way, stated he is a member of the Fridley Lions. He asked Mr. Schrauth if he ever looked at the percentages for the previous charitable gambling organization. Also, did Mr. Schrauth ever ask the people to perform better? Can Spring Park Lake Lions double the rent or pay him more money? Did Mr. Schrauth he have a problem with the other people because of poor perforxnance. He asked if Mr. Schrauth could explain why they left. 103 FRIDLEY C1TY COUNCIL MEETING OF APRIL 28 2014 PAGE 13 Mr. Schrauth replied it is his understanding the Spring Lake Youth Hockey had a number of losses of businesses. There is a connected restaurant, the Shorewood operation they were in, which was their most successful operation. There was Nicklow's. They were maintaining their business there. It is not his intent to think that another operation is just going to come in and do the same. That is the reason they chose Spring Lake Park Lions because they thought they would be successful. Councilmember Bolkcom said she would like to make a motion to continue this item until the next meeting so they can review the minutes from when they added the waiver and also have a discussion and a findings of fact. MOTION by Councilmember Bolkcom to continue th,e ���olution Waiving Requirement for Non-Qualifying Organization and Supporting the App��ql��ri f�� a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at �,ro�dway $apr �.nd Pizza, Located at 8298 University Avenue N.E. to the May 12, 2014, C�;1�+`. , ° cil meeting:' ��econded by Saeflce. �hi�, ��{���,� UPON A VOICE VOTE, ALL VOTING '',�`YE, WITH THE NY.�; ;`�JR ABSTAINING, MAYOR PRO TEM BARNETTE DE��AREI?�i �'�'HE M�'�'�£?N CARRIED UNANIMOUSLY. 13. Vacation Request, SAV #ld��,r`b'� �xident De���i��ment, LLC, to Vacate the East Half of University Avenue S ;,;'ce 1���, Sonth'ar�,���st Avenue, to Allow for the Redevelopment of t�e ProperC�� Com�t� Refei�'��ql�, to as Gateway NE, Now � Being Called ��t����Qmmons; ,���;� � ,� (�� ��Id�� ��� �, ' p ,�i- ,� ��� , and ;�, , ,.���, .,, �=i,I�i� , �� �"� �a 'ifj�ti�i[u. Res����n�acatin�����1�,��,of the��iversity Avenue Service Drive, Formerly I�'�,�+i�ri► as ���it�e,Stre�t t� Allow��b�r ;�i�e �evelopment of the Gateway Commons �r�perties, Ge��ly L+�����ed at 58��; �865, 5895, 5905, 5925, 5943, 6005, 6041, fi�l�i�, and 6071 I7'�`t, �rsity �1►"�nue NE, Petitioned by Trident Development, LLC, and t��.City of Fricl�r� ,'��Housi�jj�;,,and Redevelopment Authority(Ward 1). ,i�1 , �i��� u, iusa Julie Jones, Plar�k�i��g Manager� ,�tated the petitioner is requesting a preliminary plat to allow redevelopment of �a� "Gatevc�t� Commons" properties located between 5831 and 6071 UniversiTy Avenue, for�� G�a�����partment Development. Ms. Jones stated for the purposes of financing the new buildings, there needs to be separately platted parcels for each building. To achieve the redevelopment according to the approved Master Plan, the east half of the University Avenue Service Road needs to be vacated as well as a series of easements, including street, utility, drainage and sidewalk that exist on the property today. New drainage and utility easements will be dedicated as part of the plat requested for "Gateway Commons". 104 Attachment 3 RESOLUTION NO.2014-_ A RESOLUTION WAIVING REQUIREMENT FOR NON-QUALIFYING ORGANIZATION AND SUPPORTING THE APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT FOR SPRING LAKE PARK LIONS AT BROADWAY BAR AND PIZZA LOCATED AT 8298 UNIVERSITY AVE NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Spring Lake Park Lions at Broadway Bar and Pizza located at 8298 University Ave NE; and WHEREAS, the Spring Lake Park Lions currently hold licenses for lawful gambling at Povlitski's,Monte's and Biff s in Spring Lake Park; and WHEREAS, the Spring Lake Park Lions held a premise permit for lawful gambling at the Shorewood Restaurant located at 6161 Highway 65 until the restaurant closed Apri13, 2014; and WHEREAS, Section 603.25.2.E. requires organizations to seek qualifying organizations defined in Section 30.02 of the City Code whenever they contract with organizations to conduct lawful gambling on their premises, it also allows the City Council the ability to grant a waiver of this requirement; and WHEREAS, Broadway Bar and Pizza did seek two qualifying organizations and interviewed them along with three non-qualifying organizations; and WHEREAS, Broadway Bar and Pizza determined they were seeking a more aggressive organization to help drive business rather than the traditional pull-tab operation and found that the Spring Lake Park Lions fit with their business plan; and WHEREAS, the City of Fridley has found no reason to restrict the location or deny the application for lawful gambling purposes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby waives the requirement for a non-qualifying organization and supports the Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Lions at Broadway Bar and Pizza located at 8298 University Ave NE, Fridley, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF MAY 2014. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 105 Attachment 4 RESOLUTION NO. 2014 -_ RESOLUTION DENYING WAIVER OF REQUIREMENT FOR QUALIFYING ORGANIZATION FOR MINNESOTA LAWFUL GAMBLING PREMISES PERMIT FOR SPRING LAKE PARK LIONS AT BROADWAY BAR AND PIZZA LOCATED AT 8298 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Spring Lake Park Lions at Broadway Bar and Pizza located at 8298 University Avenue NE; and WHEREAS, the Spring Lake Park Lions currently hold licenses for lawful gambling at Povlitzski's,Monte's and Bif�s in Spring Lake Park; and WHEREAS, the Spring Lake Park Lions held a premise permit for lawful gambling at the Shorewood Restaurant located at 6161 Highway 65 until the restaurant closed Apri13, 2014; and WHEREAS, City Code Section 603.25.2.E. mandates that licensed establishments first seek qualifying organizations defined in Section 30.02 of the City Code whenever they contract with organizations to conduct gambling on their premises; and WHEREAS, City Code Section 603.25.2.E. allows the City Council to the ability to grant a waiver of the qualifying organization requirement to allow a licensed establishment to contract with a nonqualifying organization only when all qualifying organizations are uninterested or unavailable; and WHEREAS, City Code Section 603.25.2.E. was enacted because qualifying organizations were denied the opportunity to conduct lawful gambling in neighboring cities because those cities restricted lawful gambling to their own local organizations; and WHEREAS, the intent of City Code Section 603.25.2.E. is to create a more restrictive lawful gambling environment in the City to match that of the neighboring cities and to provide a preference for qualifying organizations as defined in City Code Section 30.02; and WHEREAS, City Code Section 603.25.2.E. requires that licensed establishments contract with a qualifying organization as defined in City Code Section 30.02 to provide lawful gambling if a qualifying organization is available and interested in conducting lawful gambling; and WHEREAS, the intent of City Code Section 603.25.2.E. is to a11ow waivers only in those limited circumstances where there is no qualifying organization as defined in City Code Section 30.02 that is interested or there are no qualified organizations to conduct lawful gambling at the licensed establishment; and WHEREAS, the record, including documentation and testimony before the City Council, indicates that Broadway Bar and Pizza interviewed the two qualifying organizations but 106 Attachment 4 preferred a nonqualifying organization, the Spring Lake Park Lions, because it was more aggxessive and creative in developing new lawful gambling attractions; and WHEREAS, Broadway Bar and Pizza has not provided the City with evidence as required by City Code Section 603.25.2.E. that all existing qualifying organizations as defined in City Code 5ection 30.02 are disinterested in or there is no available to conduct lawful gambling to justify the City Council's grant of a waiver to permit a nonqualifying organization, the Spring Lake Park Lions,to conduct the lawful gambling at the licensed premises; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley denies waiver of the requirement of a qualifying organization for a Minnesota Lawful Gambling premises permit for the Spring Lake.Park Lions at Broadway Bar and Pizza Located 8298 University Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF MAY 2014. SCOTT J. LUND -MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 107 � AGENDA ITEM CITY COUNCIL MEETING OF MAY 12, 2014 arr aF FRIDLEY INFORMAL STATUS REPORTS 108 � � CfTY OF FRmIEY NOTICE OF CITY COUNCIL CONFERENCE MEETING NOTICE IS HEREBY GIVEN that the City Council Conference meeting scheduled for Monday, May 12, 2014, will begin at 5:00 p.m. with the following agenda: 1. Goals and Objectives. 2. Discussion with the Anoka County Parks Committee. 3. Transit Oriented Development Grant Update. A light meal will be served. Said meeting will take place in Meeting Room 1 (lower level) of the Fridley Municipal Center, 6431 University Avenue N.E., Fridley, Minnesota. Said meeting will be open to the public. Any questions related to this item may be referred to the City Manager's Office at(763) 572-3500. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact the City Manager's Office as soon as possible at(763) 572-3500. '��. .�o�a�"t� �►��'`;��,Man� 2Z,��,���. � �. SCOTT J. LUND MAYOR