01/24/2005 CONF MTG - 4565�
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GTY OF
FRIDLEY
SPECIAL CITY COUNCIL
CONFERENCE MEETING
January 24, 2005 — 6:00 p.m.
Fridley Municipal Center
Meeting Room 1 (Lower Level)
1. Ultimate Wrestling Legislation.
2. Quiet Zones at Railroad Crossings.
Adjourn.
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Fridley Police Department
" Memorandum
To: Bill Burns, City Manager
From: Captain Weierke
Date: 01-21-05
Re: Ultimate Wrestling Legislation
In February of 2004, Council listened to a proposal from Public Safety Director, Dave
Sallman that would have regulated "Ultima.te Wrestling." It defined conditions under
which these events could occur. These conditions included the proscription of both the
serving and consumption of alcoholic beverages. After hearing objections to the proposal
from an "ultima.te wrestling" promoter as well as the Manager of the Minnesota Sports
Cafe, the first reading of the legislation was tabled in order to give stafftime to work out
differences with the persons who had testified.
After the tabli.ng of the first reading other issues, including the retirement of Dave
Sallma.n as Public Safety Director, absorbed the attention of Police Department
leadership during much of 2004. In November, however, a 25-yeaz-old male was badly
beaten and suffered life-threatening injuries at the hands of three other males. Since the
beating occurred after an"ultimate wrestling" event and since it appeared that all of those
involved were under the influence of alcohol, the Police Department developed a
renewed interest in moving forward with regulation of these events.
Although the original legislation sought to regulate the conduct of these events, the latest
proposal would eliminate events of this type from establishments that hold on sale liquor
licenses. While removing fighting contests from bars and restaurants does not eliminate
these events in Fridley, it purports to separate them from the serving and consumption of
alcohol. It also keeps the City from getting into the technicalities of regulating a
professional sport and limits City liability that might be associa.ted with the regulation of
these sports.
The police department has some serious public safety concerns regarding these events
and the potential for more problems. Experience tells us that when you mix a violent
sport and alcohol poor choices aze made. Alcohol removes the inhibition people have
and contributes to people wanting to emulate the fighters.
Staff recommends scheduling a first reading of the attached new ordinance amendment
for February 14`b.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY
CODE PERTAlNING TO LICENSED ESTABLISHMENTS SERVING BILL OR
INTOXICATING LIQUORS, PROHIBITING CERTAIN CONDUCT THEREIN
The City Council of the City of Fridley does hereby ordain that Chapter 602, 603, and 606 of the
Fridley City Code be hereby amended as follows:
CHAPTER 602. BEER LICENSING
602.08. CONDITIONS OF LICENSE
11. Certa.in E�ibitions and Conduct Prohibited.
No licensee shall permit in anv licensed establishment or anv adioinin� nronertv owned
or leased by the licensee anv boxing wrestlin� or anv other form of entertainment
whose nrimar�l�ur�ose is phvsical contact bv strikin� or touchin� an onnonent with
hands head feet or body Team sports in which phvsical contact is incidental to the
primarYpurpose of the �ame such as basketball vollevball soccer, football, baseball, and
softball are not included amon� activities prohibited bv this section.
CHAPTER 603. INTOXICATING LIQUOR
603.10. CONDITIONS OF LICENSE.
22. No licensee shall permit in anv licensed esta.blishment or any adioinin� pronertv owned
or leased by the licensee an�ing wrestling or any other form of entertainment
whose primarv purpose is phvsical contact bv strikin� or touchin� an ovponent with
hands head feet or bodv Team sports in which physical contact is incidental to the
primarv nurpose of the game such as basketball vollevball soccer, football, baseball, a.nd
softball are not included among activities prohibited bv this section.
CHAPTER 606. INTOXICATING LIQUOR ON-SALE CLUBS
606.10. CONDITIONS.
10. No licensee shall permit in anv licensed establishment or anv adioinin� propertv owned
or leased bv the licensee any, boxin� wrestling or anv other form of entertainment
whose primarv purpose is phvsical contact bv strikin� or touching an onponent with
hands head feet or bodv Team sports in which phvsical contact is incidental to the
primar�nurpose of the ��ame such as basketball vollevball soccer, football, baseball, and
softball are not included amon� activities prohibited bv this section.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2005.
Attest:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
Scott J. Lund, Mayor
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���°�F� Fridley Police Department
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Memorandum
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To: Bill Burns, City Manager
From: Don Abbott, Director of Public Safety
Date: January 20, 2005
Re: Quiet Zones
Summary
The City of Fridley has been researching the possibility of establishing a Quiet
Zone encompassing the grade level rail crossings at Osborne Rd. and 77t" Ave
NE. Both streets cross the Burlington Northern Santa Fe (BNSF) main lines.
This research has been done in response to residents' requests to reduce the
noise associated with living in close proximity to the railroad.
Approximately 40 — 60 trains per day travel through Fridley on the BNSF double-
tracked mainline. This is an increase from the 30 - 35 trains per day over the
past 15 years. Peak train counts may reach 70 per day. All trains are required to
sound their horns multiple times per crossing (two long blasts + one short blast +
one long blast) within '/4 mile of each crossing. Slower trains sound their horns
for a longer time, faster trains for shorter times.
Over the past year, staff has been in contact with the Federal Railroad
Administration (FRA), BNSF, the City of Coon Rapids, and the Northstar Corridor
Development Authority (NCDA). The Northstar project would significantly impact
our Quiet Zone through its construction and the resulting increase in train traffic
through Fridley. The following summary provides a status report on our research
and findings to date. Utimately, staff will recommend that the City delay action
on a Quiet Zone until the future of Northstar Commuter Rail is known.
Quiet Zones — an Overview
1. Many communities across the country and in Minnesota have obtained
FRA approval for Quiet Zones, grade crossings at which trains are not to
blow their horns as required by FRA rules. These Quiet Zones were
implemented through a process that was specific to each crossing. No
further Quiet Zones are being created under these old rules. No new
Quiet Zones can be created until final adoption of the new rule on Quiet
Zones, scheduled for adoption in April of 2005.
2. No applications will be accepted until the new rule is adopted in April.
Engineering and planning efforts may commence at any time, in
preparation for the actual filing of the application.
3. The new rule assigns a safety index score to every grade level crossing,
based upon train counts, traffic counts, accident history, crossing design,
and current safety measures. Lower index scores are assigned to safer
crossings. The FRA has designated a maximum allowable safety index
score for approval of new Quiet Zones.
4. The FRA has identified several safety upgrades (Supplemental Safety
Measures or SSM's) that are permitted. Each SSM has an effect on the
safety index score for each crossing and ultimately for each Quiet Zone.
5. All crossings within one half mile of each other are combined into one
Quiet Zone, requiring one application, and requiring that the combination
of safety index scores at all crossings within each Quiet Zone. Therefore,
different SSM's may be employed at different crossings in each Quiet
Zone to lower the index score below the approval threshold.
6. Once a Quiet Zone is approved, trains are ordered not to blow their horns
unless necessary in an emergency.
Coon Rapids' Experience
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1. The City of Coon Rapids has
established Quiet Zones in a
pilot project to determine the
safety and effectiveness of
restricting train horns at three
crossings in their city. This
project has shown that not
only is noise reduced, but
that crossing safety has
improved at the Coon Rapids
crossings even in absence of
the audible warning provided
by a train horn.
2. The rules in place at the time of Coon Rapids' Quiet Zone implementation
are being replaced with the new rules, standardized across the country for
new Quiet Zone applications. Coon Rapids intention is to apply for Quiet
Zones for their remaining seven grade level crossings, including 85th Ave
at the BNSF inain lines under the new rules later this year
Fridley's Possible Quiet Zone
1. Fridley's crossings at Osborne Rd. and 77t" Ave would comprise one
Quiet Zone. The current safety index score for this Quiet Zone is in
excess of the maximum allowable level required for approval.
2. The current crossing inventory is somewhat out of date, requiring the City
and BNSF to update traffic and train counts. This information may change
the safety index score resulting in different requirements for SSM's. We
have begun the process of updating the crossing inventory.
3. Using the current index score, adding the lowest cost option of a
mountable median with barrier signs to both intersections would meet the
approval threshold. The cost estimate of these SSM's is $30,000 per
crossing. Updating our crossing inventories may change this estimate,
however. Mountable medians would be 60 — 100 feet in length.
4. The highest cost SSM is four-quadrant gates at up to $450,000 per
crossing.
5. Assuming both Fridley crossings could be treated with the mountable
median and barrier post SSM, it is possible that our Quiet Zone could be
implemented within a year.
6. State Aid money can be utilized to pay for these improvements.
7. Mountable medians at 77t" Ave NE would not likely impact current
roadway access, however this could change with the addition of the BNSF
third mainline. Businesses that could be affected include Johnson Printing
and Sentinel Chemical Co.
8. Medians at the Osborne Rd crossing would likely impact access to the
Super America and to the business center to the east and south of the
crossing (100 — 148 Osborne Rd., including Finish Master, Top Case Inc.,
Assurance Glass Co., and Maaco). Access from one residential driveway
(91 Osborne Way) to the north of Super America would also be affected.
9. The City could see some exposure to liability resulting from incidents
occurring at Quiet Zone crossings.
Northstar Commuter Rail
1. The Northstar Commuter Rail project has completed preliminary planning
and is prepared to enter the final planning phase. Should the Northstar be
funded and built, it will require the addition of a third mainline track from
the Northtown Yard south of I 694, through Fridley to the Coon Creek
Junction in Coon Rapids. It is not yet known on which side of the existing
double-track the third mainline will be built.
2. The Northstar is expected to increase daily train traffic by 18 trains initially,
increasing the current average daily train count to 58 — 78, with peak days
reaching an estimated 88 trains per day. This is a 30 — 45% increase over
existing train counts.
3. The addition of the third mainline will require widening the existing
crossings in Fridley, and may require displacing and/or upgrading current
signals to newer crossing gates.
4. Any SSM's implemented prior to the expansion of the BNSF inainline may
be impacted or displaced. The resulting change in the crossing inventory
and safety index could require additional SSM's.
5. The addition of the Northstar's 18 trains daily could also change the
required SSM's.
6. The Northstar has crossing upgrades in their project and funding requests.
The Northstar is interested in making all grade level crossings in the
Corridor as safe as possible. Northstar is also interested in being a"good
neighbor" to the community and recognizes Quiet Zones as beneficial to
that effort. Northstar is open to cost-sharing on crossing SSM's if their
project budget supports it.
7. It is anticipated that it would be less costly to implement SSM's with other
crossing reconstruction and upgrades resulting from Northstar-related
construction.
8. Northstar could begin construction as soon as 2006 — 2007 with operation
beginning in late 2008
Based upon the above information, staff recommends that the City delay action
on Quiet Zones until the future of the Northstar Commuter Rail and resulting
grade level crossing upgrades are known. It is further recommended that the
staff continue to communicate with Northstar, the FRA, and BNSF to remain
current on changes to the crossings and the SSM's required. Staff will then
return to Council with cost and time estimates for Quiet Zone implementation
once these issues are known and settled, and make a final recommendation on
Quiet Zone implementation at that time.
BNSF-RR
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Grade Level Rail Crossings