12/05/2005 - 6083.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005
-�
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arr oF
FRro�er
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE. ���� APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF PROPOSED C ENT A ENDA:
�� � �
OLD BUSINESS:
�1�-i�
1. - Second Reading of an Ordinance Amending
Chapter 104 of the Fridley City Code Pertaining
to Diseased Tree Removal Assessment Fees
(Tabled November 21, 2005) ........ 1- 3
2. ` Second Readt"ng of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan
Parkway (Ward 3) ........................... 4 - 6
� /�1 �
3. " Second Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
Located at Ely Street and Liberty Street
(VVard 3) ................................... 7 - 9
#►�I�7
Second Reading of ar� Ordinance Amending
Chapter 205 of the Fridley City Code
Pertaining to Front Yard and Side Yard
Setbacks in the S-1, Hyde Park District
(Zoning Text Amendment, ZTA #05-03,
by the City of Fridley} ...................... 10 -11
NEW BUSINESS:
5. Receive the Minutes of the Planning Commission
Meeting of November 16, 2005 ...... 12 - 20
NEW BUSINESS (CONTINUEDI:
6. First Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Making a Ghange in Zoning Districts (Rezoning
Request, ZOA #05-04, by Peter Borman to
Rezone Multiple Properties from R-3, Multi-Family,
to R-1, Single Family, Generally Located at
100, 104, 108, 112, 116, 120, 124, 128 and 132
River Edge Way) (Ward 3) .............. 21 - 23
7. Resolution of the City of Fridley, Minnesota,
Approving the Transfer and Exchange of Certain
Parcels of Land with Kent L. Craft and Kathleen
M. Craft, Generally Located at G, Creek Road
and Logan Parkway (Ward 3) ;" '`... 24 - 27
�: :
� .��.,Yk�.. � . .
8. Resolution of the City of Fridley, Minnesota,
Approving the Transfer and Exchange of Certain
Parcels of Land with Peter J. Kadlec and Richard
G. Kadlec, Genera�ly Located at Ely Street and
Liberty Street (Ward 3) .:...... 28 - 31
'' 1�
9. Preliminary Plat Extension Request, PS #05-02,
by Family Lifestyle Development Corporation,
Generally Located at 1314 Mississippi Street,
1340 Mississippi Street, 6421 Central Avenue,
6441 Central Avenue and 6461 Central Avenue
(Ward 2) ................................... 32
10. Approve 2006 Tri-City Consulting Services
Agreement between the City of Fridley and
� GIS Rangers, LLC . ......................... 33 - 42
NCIL
�
DECEMB
APPROVALOFPROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
11. Motion to Approve the Deferral of the 2005
Street Improvement Assessment for the
Property Located at 125 Craig Way N.E.
(Ward 3) ................................... 43
12. Resolution Establishing a Policy for
Out-of-State Travel for Elected Officials
of the City of Fridley, Minnesota ..... 44 - 46
��
13. Appointment - City Employee ........ 47
14. Claims
15. Licenses
16. Estimates
.. 48
49
............................. 50
GGsL�r'� 1 ��
ADOPTION OF AGENDA. �`�I
OPEN FORUM (VISITORS):
Consideration of Items not on Agenda -15 Minutes
AGE
,� � J�,� /� � � �-/�
OLD BUSINESS: ��'
� ��) r
19. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining
� to Pawn Shop Transaction Fees (Tabled
.� � November 21, 2005) ....................... 62 - 65
� f�' ' y-�b $-�-Piv� ii cJU � ( � Lt��-{i
al; ��� O u vvw^--� d�-� S� h o�� . P- (� 3
►M ��� �z�3� 1� � ��b �z `3���-�
,�,�a�, b / l
NEW BUSINESS: s � r�'u'
20.
21.
�rr"'U'
First Reading of an Ordinance Amending �� ���-
Chapter 603 of the Fridley City Code
Pertaining to Food Sales ................ fi6 - 67
�,� �����������
'�'"`"�-��� �� � �r,c��,� g- �l�-
��b1e ik:e�YVt.. �
First Reading of an Ordinance Creating
Chapter 205.32, 0-7, of the Fridley City
Code Pertaining to Shoreland Overlay
Distr!ict .................................. 68 - 69
'1 CL10trL i k� nti� �9 � s$/��./,k
�a �1�los
22. Special Use Permit Request, SP #05-04, by
Sprint PCS, to Allow Wireless Telecommunication
Facilities in an M-3, Heavy Industrial, Outdoor
Intensive District, Generally Located at 8290
Main Street N.E. (VNard 3) ..�� 0 78 ���
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N � s ,A
�,�,{ s- rz. P re'"� s.g �,,�p ,,.� �-
r-�v,'�uY
� o� Informal Status Reports ................ 79 ��,�
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PUBLIC HEARINGS: ��;� • "�; �.(1 �t���g���
17
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18
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Consideration of the 2006 City of Fridley
Budget .....
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ADJOURN. r��1 P
W��� - a�� rt �.c�, ���`
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� 2 � �S .r, :�",-_,. l q.
°��,,'. ,���2�r�`5`' ,�,-- ��
Review of Intoxicating Liquor License for
AMF Bowling Centers, Inc., d/b/a Maple �,L� ��
Lanes, Generally Located at 6310 �
Highway 65 N.E. (Ward 2) (Continued
April 25, 2005) .................... ........... 53 - �
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pTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 5, 2005
7:30 p.m. - City Council Chambers
Attendance Sheet
PLFASF PR/Nf NAMF, ADDRFSS AIYfl /TFM NUMB�'R YOU ARF /NTFRFSTFD /M.
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CffY OF
FRIDLEY
CITY COUNCIL MEETING OF DECEMBER 5, 2005
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance Amending
Chapter 104 of the Fridley City Code Pertaining
to Diseased Tree Removal Assessment Fees
(Tabled November 21, 2005) ........................................................................ 1- 3
2. Second Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan
Parkway (Ward 3) .....................................
3. Second Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
Located at Ely Street and Liberty Street
. �
(Ward 3) ....................................................................................................... 7 - 9
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS (CONTINUED):
4. Second Reading of an Ordinance Amending
Chapter 205 of the Fridley City Code
Pertaining to Front Yard and Side Yard
Setbacks in the S-1, Hyde Park District
(Zoning Text Amendment, ZTA #05-03,
by the City of Fridley) ...................................................................................... 10 - 11
NEW BUSINESS:
5. Receive the Minutes of the Planning Commission
Meeting of November 16, 2005 ....................................................................... 12 - 20
6. First Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Making a Change in Zoning Districts (Rezoning
Request, ZOA #05-04, by Peter Borman to
Rezone Multiple Properties from R-3, Multi-Family,
to R-1, Single Family, Generally Located at
100, 104, 108, 112, 116, 120, 124, 128 and 132
River Edge WaY) �Ward 3) .............................................................................. 21 - 23
7. Resolution of the City of Fridley, Minnesota,
Approving the Transfer and Exchange of Certain
Parcels of Land with Kent L. Craft and Kathleen
M. Craft, Generally Located at Glen Creek Road
and Logan Parkway (Ward 3) ......................................................................... 24 - 27
8. Resolution of the City of Fridley, Minnesota,
Approving the Transfer and Exchange of Certain
Parcels of Land with Peter J. Kadlec and Richard
G. Kadlec, Generally Located at Ely Street and
Liberty Street (Ward 3) .................................................................................... 28 - 31
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
9. Preliminary Plat Extension Request, PS #05-02,
by Family Lifestyle Development Corporation,
Generally Located at 1314 Mississippi Street,
1340 Mississippi Street, 6421 Central Avenue,
6441 Central Avenue and 6461 Central Avenue
(Ward 2) ....................................................................................................... 32
10. Approve 2006 Tri-City Consulting Services
Agreement between the City of Fridley and
GIS Rangers, LLC . .......................................................................................... 33 - 42
11. Motion to Approve the Deferral of the 2005
Street Improvement Assessment for the
Property Located at 125 Craig Way N. E.
(Ward 3) ....................................................................................................... 43
12. Resolution Establishing a Policy for
Out-of-State Travel for Elected Officials
of the City of Fridley, Minnesota ...................................................................... 44 - 46
13. Appointment — City Employee ......................................................................... 47
14. Claims ....................................................................................................... 48
15. Licenses ....................................................................................................... 49
16. Estimates ....................................................................................................... 50
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 4
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS):
Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARINGS:
17. Consideration of the 2006 City of Fridley
Budget...................................................................................................... 51 - 52
18. Review of Intoxicating Liquor License for
AMF Bowling Centers, Inc., d/b/a Maple
Lanes, Generally Located at 6310
Highway 65 N.E. (Ward 2) (Continued
April 25, 2005) ................................................................................................. 53 - 61
OLD BUSINESS:
19. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining
to Pawn Shop Transaction Fees (Tabled
November 21, 2005) ....................................................................................... 62 - 65
NEW BUSINESS:
20. First Reading of an Ordinance Amending
Chapter 603 of the Fridley City Code
Pertaining to Food Sales ................................................................................. 66 - 67
21. First Reading of an Ordinance Creating
Chapter 205.32, 0-7, of the Fridley City Code
Pertaining to Shoreland Overlay District ......................................................... 68 - 69
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 5
NEW BUSINESS (CONTINUED):
22. Special Use Permit Request, SP #05-04, by
Sprint PCS to Allow Wireless Telecommunication
23
,
Facilities in an M-3, Heavy Industrial, Outdoor
Intensive District, Generally Located at 8290
Main Street N.E. (Ward 3) ............................................................................... 70 - 78
Informal Status Reports .................................................................................. 79
ADJOURN.
�
�
CffY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Rick Pribyl, Finance Director
Julie Jones, Planning Coordinator
Subject: Second Reading of Ordinance Related to TA #OS-09, Text Amendment Regarding Diseased Tree
Abatement Fees
Background
At the last Council meeting, the City Council delayed action on the second reading of Text Amendment #OS-09
regarding diseased tree abatement fees. There was concern that the wording was difficult to understand, and the
City Attorney was asked to make suggestions for improvement. Staff and the Attorney have worded together to
prepare the attached third revision of this section of City Code, which describes how staff will abate and assess
the removal of trees on private property which are deemed a public nuisance.
The City Council held a public hearing on October 24 to consider TA #OS-09. No public opposition was received
at the public hearing. The first reading on an amended version of TA #OS-09 occurred at the November 7 City
Council meeting.
Recommendation
Staff recommends that the Fridley City Council approve this text amendment following the second reading of the
attached ordinance related to text amendment TA #OS-09 at its December 5 meeting and direct staff to proceed
with publication of the ordinance.
M-OS-155
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE PERTAINING
TO DISEASED TREE REMOVAL ASSESSMENT FEES
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
CHAPTER 104. DISEASED TREES
104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS
When the Forester or designee finds that a public nuisance as defined in Section 104.04 exists in any tree
or wood in any public or private place in the City, the Forester shall:
On private property, notify the property owner in writing with a Diseased/Hazardous Tree
Abatement Notice. The property owner shall carry out any recommended abatement procedure(s)
within thirty (30) days from the date of receipt of the notification unless a written e�tension is
granted by the Forester.
a. If the owner fails to follow the recommendation of the Abatement Notice within the
designated time period, the Forester shall notify the property owner by mail that the City will
contract for the abatement of the public nuisance. The Forester shall then proceed to contract for
the abatement procedures as soon as possible and shall report to the City Clerk all costs resulting
from the abatement procedures carried out on such private property. The City Clerk shall list all
such charges related to the City abatement administrative costs against each separate lot or parcel
by September 15th of each year as special assessments to be collected commencing with the
following year's taxes. All assessment related costs shall be added to each assessment. (Re£ 931)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS STH DAY
OF DECEMBER 2005.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: October 24, 2005
First Reading: November 7, 2005
Second Reading: December 5, 2005
Published: December 15, 2005
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE PERTAINING
TO DISEASED TREE REMOVAL ASSESSMENT FEES
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
CHAPTER 104. DISEASED TREES
104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS
When� the Forester or desi�nee ^r ^h°r* *'�°r°^� finds �_ �*'� r°^°^r^'�'° ^°�*^�r*�� that � a public
nuisance as �e� defined in Section 104.04 exists in any tree or wood in any public or private place
in the City, the Forester +'�"� shall_ r °°�' �� � "��T � �r�';r� *� *'�° r° °r�'�*;�r� �� *'�°
n�r;,,,,o�„+., r�or.,,+.,,o„+ „� n ,.,-;,.,,i+,,,-o.
r�+i,o ;r� ,.+o,a +,-oo ;� i,,,..,+o,a eOn private property, noti . the property owner in writin� with a
Diseased/Hazardous Tree Abatement Notice. +�,o �,,,-o�+o,- ��,.,ii �o,,,a ., .�„-;++o„ ,,,,+;�;,..,+;,,,, .,,,,a
������ +�,o „ „� ����.,ii �,o +�,o „�,i;����i �e property owner shall
�e carry out *'�° �r°��r�'�°�' any recommended abatement procedure(s) within thirty (30) days from
the date of receipt of the notification unless a written � extension is granted by the
Forester.
a. If the owner r°���°�*� *'�° r;*� �r fails to follow the �� recommendation of the
Abatement Notice within the designated time period, the Forester shall notify the property
owner by mail that the City will contract for the abatement of the public nuisance�
,a; �o.,�o,a ,,,- ,ao.,,a +,-oo .,,,,a i,,,- .� ,,,,,a ;,, ,.,,o�+;,,,, �e Forester shall then proceed to contract for
the �� abatement procedures as soon as possible and shall report to the City Clerk all
�s costs resulting from the abatement procedures carried out on such private property.
The City Clerk shall list all such charges �t# a related to the City abatement
�administrative costs against each separate lot or parcel by September 15th of each year as
special assessments to be collected commencing with the following year's taxes.
n,a,,,;,,;�+,-.,+;..o All assessment related costs ^� e��.nn �,- o.,,.�, i„+ ,,,- r.,,-,.o� shall be added to
each assessment. (Ref. 931)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS STH DAY OF
DECEMBER 2005.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: October 24, 2005
First Reading: November 7, 2005
Second Reading: December 5, 2005
Published: December 15, 2005
�
�
CffY OF
FRIQLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: Second Reading of Ordinance to Declare a Certain Parcel of City Owned
Real Estate Surplus and Authorize the Transfer Thereof
INTRODUCTION
On November 21, 2005, the City Council held a first reading of an ordinance to declare
a certain parcel of city owned real estate near 151 Glen Creek Road surplus and
authorize the transfer thereof.
This parcel is shown as Tract D on the attached Registered Land Survey No. 238.
The attached ordinance declares Tract D on Registered Land Survey No. 238 as
excess property and allows staff to transfer ownership of the excess property.
STAFF RECOMMENDATION
Staff recommends the Council hold the second reading of the attached ordinance to
declare this property excess and to authorize the transfer thereof at the December 5,
2005 Council meeting.
M-05-158
0
ORDINANCE NO.
AN ORDINANCE iTNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION L The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
Tract D of Registered Land Survey No. 238.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to transfer the property to Mr. and Mrs. Craft at 145
Logan Parkway for disposaL
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the transfer of the above-described real
estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY TffiS OF , 2005.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: November 21, 2005
Second Reading: December 5, 2005
Publication:
5
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CffY OF
FRIQLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: Second Reading of Ordinance to Declare a Certain Parcel of City Owned
Real Estate Surplus and Authorize the Transfer Thereof
INTRODUCTION
On November 21, 2005, the City Council held a first reading of an ordinance to declare
a certain parcel of city owned real estate on the service road between 160 Ely Street
and 160 Liberty Street surplus and authorize the transfer thereof.
These parcels are shown as Tracts A and C on the attached Registered Land Survey
No. 239.
The attached ordinance declares Tracts A and C on Registered Land Survey No. 239
as excess property and allows staff to transfer ownership of the excess property.
STAFF RECOMMENDATION
Staff recommends the Council hold the second reading of the attached ordinance to
declare this property excess and to authorize the transfer thereof at the December 5,
2005 Council meeting.
M-05-156
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
Tracts A and C of Registered Land Survey No. 239.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to transfer Tract A to the landowner at 160 Ely Street
and Tract C to the land owner at 160 Liberty Street for disposal.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the transfer of the above-described real
estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS OF , 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
First Reading: November 21, 2005
Second Reading: December 5, 2005
Publication:
r�rv nF FRIDLEY
N D � v�•� 1 1`�• �� I SEC. 3T T O 30, R.K24
RE GISTERED �LA �o� �SOTA
� I hereby certify tho t in oc c o r d a n c e w i t h t h e prol no S s��ye dt�
—� \ 508, Minnesoto Stotutes of t949, as amended,
t he f o ilowin g descr�bed traet of {ond in the County of Anoka.
-- — — Stote of �tinnesot0. to wit
c� `� �r �� Lots 1Z. 13 and 36. Blodc 12, "SPRtNG BROOK PARK.
�y � ►�lG� � ANOKA CWNTY. ►AINN.'. aceording to the rec�ded plat
o thereof, Moka County� Minnesota
0
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NB9°39�07~E I hereby certify that this Registerad Land Survey �
� 24.28 �IF.AS� d�neation of said survey.
;-� � 22 �PLAT� �� ` Doted this � dQY of �6P"r 200�..
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%o�`i '� � was �O and
a J: �� �� '� ved
:� x z $ �- �– � i This Registered Land Survey of Fri�ey.
�+� g W=' � C� –� the City CouncH of the C'ity
%'�' d ��' V1 �� oecepted by � meetmg thereof held this
W��� Ys a� �\ M'mne�to. at a requi _ 200
. ,z3 zmm � �_ day of '–'
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qT1f OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
William Burns, City Manager r
�
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Second Reading on ZTA #OS-03 Hyde Park S-1 Front and Side Yard Setbacks
Background
On November 7, 2005, the City Council held a public hearing regarding ZTA #OS-03, which is a zoning text
amendment designed to reduce the front and side yard setback requirements in the Hyde Park Zoning Overlay
District. The City Council approved the first reading of the attached ordinance at the November 21, City
Council meeting.
One purpose of this text amendment is to apply the same 25' fron± yard setback requirement to the Hyde Park
neighborhood as to other single family residential property in the City. Another purpose for the text
amendment is to allow more flexibility in the Fridley HRA's Gateway West redevelopment project. Changing
the side yard setback requirement will also serve the purpose of making less existing homes in the Hyde Park
neighborhood nonconforming. The proposed seven and one-half foot setback would still ensure, in most cases,
15' between two buildings, providing ample space for maintenance and open space.
yt
Commission Action -
The Planning Commission held a public hearing on this proposed text amendment on October 19. A motion
recommending Council approval of ZTA #OS-03 passed unanimously.
Recommendation
Staff concurs with the Planning Commission's recommendation for Council approval of ZTA #OS-03,
reducing the front yard setback in the Hyde Park District from 35 feet to 25 feet, and reducing the side yard _
setback from ten feet to seven and one-half feet. The second reading of the attached ordinance is scheduled for
the December 5, 2005 City Council meeting. _
10
M-05-154
3
e
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING
TO FRONT YARD AND SIDE YARD SETBACKS IN THE S-1, HYDE PARK DISTRICT
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
D. Setbacks:
(1) Front Yard:
A front yard with a depth of not iess than *'���� `�••° �� �' twenty five (25) feet is required.
(2) Side Yard:
As of Januar.y, l 2006 all Qarcels of land develo_ped with an entirely new princi lt� e and
accessory structure shall require, t�wo (2) side yards ��ire�, each with a width of not
less than �e�r�$3 seven and one-half (7.5) feet., except as follows:
(a) Where a house is built without an attached garage, a minimum side yard requirement
shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is
access to the rear yard for a detached and off-street parking area.
(b) Where a house is built with an atta.ched garage, the side yard adjoining the attached
garage or accessory building may be reduced to not less than five (5) feet, provided the
height of the garage or accessory building on that side is not more than iifteen (15) feet.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5'�' DAY OF
DECEMBER 2005.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: November 7, 2005
First Reading: November 21, 2005
Second Reading: December 5, 2005
Published: December 15, 2005
11
SCOTT 3. LUND, MAYOR
CITY OF FRIDLEY
PLANNING COMMISSION
NOVEMBER 16, 2005
CALL TO ORDER
Chairperson Savage called the regular meeting �of the Planning Commission to order at 7:30
p.m.
ROLL CALL
Members Present:
Others Present:
Brad Dunham, Leroy Oquist, Dean Saba, Diane Savage, David Kondrick,
Larry Kuechle, Barbara Johns
Stacy Stromberg, City Planner
Julie Jones, Planning Coordinator
Steve Edwards, 501 50th Street West, Minneapolis
Donna Bohls, 7514 Alden Way
Bill Holick, 21019 West 58th Street
Siah St. Clair Springbrook Nature Center
�
APPROVE PLANNING COMMISSION MEETING MINUTES - November 2nd, 2005
MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the minutes
as presented. �
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS
1. Consideration of a Special Use Permit SP #05-04 bv Sprint, to altow wireless
telecommunication facilities (a 125' monopole tower) in an M-3, Heavv Industrial
Outdoor Intensive District qenerallv located at 8290 Main Street.
Ms. Stromberg, City Planner, presented a request from Steve Edwards, who represents Sprint
PCS, is requesting a special use permit to allow the construction of a 125 ft.
telecommunications tower on the industrial property owned by Don Kasbohm, located at 8290
Main Street NE.
Ms. Stromberg stated the proposed facility will consist of a 125 ft. galvanized self-support
monopole tower, equipment platform and related electronic equipment. The proposed facility
will be contained in a fenced in, 15 ft. by 30 ft. leased space on the north side of the industrial
building, near the rear of the property. Sprint PCS will initially install six transmit and receive
antennas to the monopole tower. Six additional antennas will be mounted on the tower at a
later date. The proposed tower is also being designed for at least two additional wireless
carriers. -
Ms. Stromberg stated in 1996, the federal government passed a new Telecommunications Act.
Over the past nine years the number of 75 ft. to 250 ft. mono-pole towers or lattice-type tower
structures has been on the rise in both the metro and rural locations across the state. The 1996
Telecommunications Act opened the door to a whole new wave of technology. Communities
have been required to recognize and accept the new technology. Cities do have the ability to
control the location of PCS towers; however, cities cannot take a position of "not in my city."
Ms. Stromberg explained a typical PCS tower may have a 75 ft. to 125 ft. mono-pole structure.
12
Planning Commission November 16, 2005
2 of 9
Ample ground area is generally required to allow the electronic control devices to exist beside
the base of the tower. A fence of some type surrounding the tower and the equipment is
typically required. Some users require very little encroachment on the land, beyond the pole
itself. In this particular case, Sprint is proposing a 15 ft. by 30 ft. area, with an eight foot cedar
fence to surround and secure the base of the tower and control devices.
Ms. Stromberg stated in December of 1996, the Fridley City Council established a moratorium
temporarily prohibiting the construction of new communication and antennae array. The
moratorium establishment allowed the City to take a comprehensive look at the impact of the
1996 Telecommunications Act and establish acceptable antennae locations. With the
moratorium in place, staff worked v�rith PCS consultants to get a clear understanding of the
technology, issues, and to determine how many antennae locations would likely be required to
service the community. As a result of the analysis, an approved site approach was approved.
The City of Fridley now has a series of approved sites for the installation of wireless
telecommunication facilities. To install a telecommunication tower in an industrially zoned area
not on the "approved site" list, a special use permit must first be obtained.
Ms. Stromberg explained that Sprint PCS is proposing to locate the telecommunications tower
at 8290 Main Street NE. The subject property is zoned M-3, Outdoor Intensive Heavy Industrial,
as are the properties to the south and west. The Springbrook Nature Center is located directly
north of the subject property and the property to the east is zoned, M-2, Heavy Industrial. There
is a 33 ft. easement dedicated to the City that runs parallel along the north property line,
abutting the Springbrook Nature Center. This 33 ft. easement runs along the subject property's
north property line and all the way to the railroad tracks. The existing 88,000 sq. ft. (80 ft. by
1,100 ft.) building was constructed in 1977. Several interior alterations have been made to the
buitding since it was constructed; however there have been no additions.
Ms. Stromberg stated according to the building permit records, the current property owner, Mr.
Kasbohm purchased the property around 1982. This property has been involved is several
code enforcement cases since the early 1980's. Most of the violations pertain to
inoperable/unlicensed vehicles, outdoor storage, and dumpster screening. In 1986 there was a
citation issued to Mr. Kasbohm for storage of junk (inoperable/unlicensed) vehicles and failure
to provide screening of dumpsters and storage area from the public right-of-way. This citation
was dismissed based on the property owners signed statement that he would resolve these
issues. IronicaNy, these are the same code enforcement violations that we are currently dealing
with on this property and with the same property owner. The property is currently in non-
compliance for most of the above requirements for outdoor storage. The outdoor storage that
exists on the site is not screened, there are hazardous chemical being stored outside and the
property isn't surrounding by curbing. There are also unlicensed/inoperable vehicles being
stored on the property and unscreened dumpsters. As a result of these non-compliances,
stipulations will be placed on this special use permit request to ensure that the property comes
into compliance before a building permit for the telecommunications tower is issued.
Ms. Stromberg explained that the purpose of a special use permit is to provide the City with a
reasonable degree of discretion in determining the suitability of certain designated uses upon
the general welfare, public health and safety of the area in which it is located. The special use
permit gives the Ciry the ability to place stipulations on the proposed use to eliminate negative
impacts to surrounding properties. The City also has the right to deny the special use permit
request if impacts to surrounding properties cannot be eliminated through stipulations. This
telecommunication tower is designed so it will withstand wind and ice loads as required by the
Uniform Building Code. In the event that the tower was to begin falling over, it is designed to
break apart and collapse on top of itself rather than tipping over.
Ms. Stromberg stated the petitioner's Radio Frequency engineers have indicated that the
13
Planning Commission November 16, 2005 3 of 9
location of a tower in this geographic area or the immediate vicinity is crucial to link in with their
existing system. When the engineers started their initial search for tower locations, they
identified the existing T-Mobile tower, which is located on the Park Construction property at 30
81 S` Avenue. City Code requires that the petitioner prove that a new site is necessary and that
usable Approved Sites are not located within a'/z mile radius of the proposed new site. The T-
Mobile tower is located approximately .348 miles from the proposed new tower site. There are
two towers located just beyond a'/2 mile of the proposed site, one which is located at Talco
Industries at 7835 Main Street, and the other is located at Northtown Mall. SprinYs Radio
Frequency engineers have determined that if Sprint located their antennas on the T-Mobile
tower site, it wouldn't provide the adequate coverage needed in the areas they're looking to
serve. The proposed location would provide the adequate coverage needed for the Springbrook
Nature Center and the Northtown area. The petitioner has also stated that the demands in #his
area exceed the ability for coverage using any of the neighboring cell tower sites; thus the need
for the construction of a new tower.
Ms. Stromberg stated while the subject property isn't on the approved site list with the City for
telecommunication towers, it is located in an industrial district, which is allowed through a
special use permit. Even though the proposed location is in an industrial district, there still is a
negative impact in that the appearance of the tower will not be consistent with the surrounding
area. With the Springbrook Nature Center to the north and the Springbrook apartments to the
northeast, appearance of a telecommunications tower 125 ft. high, may become an issue.
Therefore, city staff would recommend approving the pole finish color prior to installation to
ensure that the pole blends with the surrounding environment as much as possible. The
petitioner does intend to screen the ground control equipment from the public right-of-way, with
a solid cedar fence.
Ms. Stromberg stated on November 9, 2005, Sprint PSC coordinated a balloon test on site at '
the property at 8290 Main Street to simulate the location and height of the proposed
telecommunications tower. The purpose of this test was to see how visible the proposed celf
tower would be from the Springbrook Nature Center and other surrounding properties Due to
strong winds, the balloon test didn't give staff an accurate idea of how visible the proposed
tower would be from surrounding properties. Staff will contact the petitioner and recommend
that an additiona! test, be conducted prior to the City Council meeting on December 5, 2005, so
staff can properly identify additional stipulations, if needed.
Ms. Stromberg stated City staff recommends approval of this special use permit request as
telecommunication towers are a permitted special use in the M-3, Outdoor Intensive Heavy
Industrial zoning district, provided that code requirements are meet related to outdoor storage of
materials, equipment, and vehicles, and subject to the following stipulations:
�
0
1. The property owner to meet all code requirements related to outdoor storage,
unlicensed/inoperable vehicles and screening prior to issuance of a building permit for _
the telecommunications tower.
2. A landscape and screening plan shall be submitted and approved by City staff prior to
issuance of a building permit for the tower. -
3. The color of the pole shall be "sky blue" or a similar color approved by staff.
4. The petitioner or successors shall install and maintain the proposed equipment so that it
blends into the surrounding environment.
5. A 20' drive aisle around the building shall remain clear of debris and vehicles for fire
equipment access and circulation. `
6. The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA). -
7. The facility shall be designed to discourage unauthorized entry.
8. A building permit shall be obtained prior to commencement of installation of any facility
14
�
Planning Commission November 16, 2005
4 of 9
equipment on this site.
9. No signs other than warning or equipment information signs are permitted as part of this
application.
10. Any future placement of antennae on the tower shall require review by the City to
determine if the equipment location requires additional stipulations or a revised special
use permit.
11. The petitioner to provide the City with structural plans on how the tower witl break apart
_ in a high wind event and will not fall over. (Code requires towers to collapse upon
themselves rather than tipping in extreme wind conditions).
12. The petitioner to provide the City with a soil report and footing analysis indicating that the
- existing soils and footings can support the tower.
13. A grading and drainage plan shall be submitted and approved by City engineering staff
prior to issuance of a building permit for the tower, to alleviate existing storm water
problems.
14. Necessary storm water flow controls and curbing, as required in the M-3 code, will be
instal4ed prior to issuance of a building permit for the telecommunications tower.
Commissioner Kondrick questioned why the tower at Park Construction (T-Mobile) cannot be
used by Sprint and why is it not desirable. Is it because the tower is not tall enough, not enough
power? Why can't Sprint link onto the tower which is currently occupied by T-Mobile.
Ms. Stromberg replied that it would not provide the coverage Sprint needs. A lot of Sprint calls
come from the Northtown area and one tower cannot handle the demand of Sprint's customers
as well as other wireless providers.
Commissioner Saba asked if the height of the tower made a difference in the reception of their
customers.
Commissioner Dunham questioned if we have ever varied from the pre-approved tower sites
in the past.
Ms. Stromberg replied that both Park Construction and Talco Industry sites were not approved
sites and were approved through a Special Use Permit in 2000.
Commissioner Dunham asked if the plan we have is inadequate today.
Ms. Stromberg replied that many of the approved sites have cell towers and others approved
sites have property owners that do not want towers on their property.
Commissioner Saba questioned if there was an approved site in the general area that is not
currently being used that would fill the needs for Sprint customers.
Ms. Stromberg stated that there is an approved area one block away but the property owner
has not been amendable to allow a tower on their site.
Commissioner Kondrick asked if the City of Fridley is in line with other cities when it comes to
the number of communication towers it has in the city.
Ms. Stromberg replied that she did not know how the City of Fridley compared to other cities
but she could find out that information.
Commissioner Kondrick questioned if the other towers discussed in the proposal were all 125'
feet talL
15.
Planning Commission November 16, 2005
5 of 9
Ms. Stromberg replied that she believed the tower at Park Construction is 125 ft. high and the
one at Talco Industries is 95 ft. high, but she would need to verify those heights.
Mr. Edwards, representing SprinUPCS, stated that the T-Mobile tower is 125' tall and the
Qwest tower is 95' tall. Sprint has chosen this particular location because of the increased need
in the area. The Sprint usage and communication needs have grown dramatically since 1996.
At the time they did not foresee this increase in usage and the main reason for this large
increase is due to Sprint customers sending photos, video, text messages etc. Through
research, it is easiest to work together and try to be on the same tower and work with the City in
a co-location situation. Going forward with a special use permit is what is needed to meet the
growing need. The maps discussed show the current usage and needed areas. If Sprint links
on to the T-Mobile tower, it will not service the additional needs for their customers. The only
other option is to build in a residential area and that is not possible. For these reasons, we are
requesting the approval of a Special Use Permit.
Commissioner Kondrick commented that the difference between the requested tower and
existing towers is 30 feet. So in essence, 30 feet in height is what is needed to take care of the
poor coverage areas.
Mr. Edwards stated that it is not the height that increases the reception but the location closer
to the area in need. The requested location to build the new tower is further north than the
existing towers. The towers work like an umbrella and cover areas under and around the tower.
Commissioner Kondrick noted that the current tower sites are four blocks away from the '
proposed site. He questioned if the new site is going to change the coverage that much and if
they could move an additional four blocks north.
Mr. Edwards replied that if they moved the proposed tower further north, there is an existing
tower in that area already and the towers would be to close together. All of the towers work
together so 3-4 blocks can make a difference.
Commissioner Kuechle questioned if the land was flat how far of a distance could be covered.
Mr. Edwards replied that the coverage would be about 3/4 of a mile if the land was flat and with
nothing else in the area.
Commissioner Savage asked if they have researched other areas for a new tower or
considered building a shorter tower.
Mr. Edwards replied that most of the towers in the area are 125' tall or higher and the location
in discussion is the perfect area to meet their needs.
Commissioner Johns asked what kind of coverage they get with the current towers verses
their competitors.
Mr. Edwards replied that each company develops their own network so it is difficult to compare.
Commissioner Johns asked if S rint was ranted this tower for better coverage, would all the
P 9
�� ther wireless com anies be askin for S ecial Use Permits. The City cannot have a tower
o p J P
every 3/4 of a mile.
Mr. Edwards replied that Sprint has invested time and money into this site and they only
develop a new site when there is a true need for it. Sprint has tried to convince their Real
Estate Department that the T-Mobile site would work but they have tried and it will not serve
16
Planning Commission November 16, 2005
Sprints needs.
6 of 9
Commissioner Dunham asked if the T-Mobile tower was higher, would it take care of their
problem.
Mr. Edwards replied that it would not work as well as the proposed location.
Commissioner Johns asked for clarification as to where Springbrook Nature Center was on
the coverage map being shown on the overhead and stated that she did not think people
needed cell phones in the Springbrook area.
Commissioner Saba commented that this is a sensitive area and asked if Sprint had another
plan if the proposed site is denied.
Mr. Edwards replied that he is aware and understands the sensitivity of the area. He also
stated that currently they do not have another plan.
Ms. Bohls, Springbrook Nature Center Foundation member, stated that she was present
during the balloon test and even though it did not reach the height of 125' it was stili visible
above the tree line of the nature center. This tower would impact the visual of the nature center.
The tower will have an impact on neighboring properties and is a property invasion. A smaller
tower would be better to minimize the impact or Sprint should use the existing tower. Mr.
Edwards replied earlier that the height of the tower didn't matter and the tower works like an
umbrella, then they should consider a smaller tower. The construction of a 125' tower would
impact the nature center area significantly and it will be very visible.
Mr. St. Clair, Director of Springbrook Nature Center, stated that the Springbrook Nature
Center is used as a migration for songbirds and other birds and this tower would have an impact
on this migration area. The tower would also create a visual obstruction looking to the west.
Currently this area looking to the west is the only open landscape area that is not obstructed
with any utility lines etc. so photographs would have the tower in view. Mr. St. Clair also shared
a photograph from a tower in Africa that was made to look like a tree. He commented that this
may be an acceptable tower if possible in Minnesota and could handle our various weather
conditions.
Mr. Edwards stated that he has spent some time in Florida building these types of "tower
trees". The site we are looking at for the new tower, the "tower tree" would be 50' above the
other trees and would not blend in with the other trees. The eye may be used to seeing a tower
but not a"tower tree". We also need to take into account the winter months in Minnesota when
regular trees shed their leaves, this tower tree would still be full of leaves and not look natural.
�� ��
To my knowledge, there are no "tower trees" in the five state area.
MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHARIPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M.
Commissioner Johns commented that the property owner has a long history of not being in
compliance or up to date with codes. She questioned if anyone has been in communication
with the property owner on how he plans to stay in compliance. If the property owner becomes
out of compliance what will the City of Fridley do, can we shut the tower down or take away the
bene�ts he is getting from leasing the land to Sprint.
17
Planning Commission November 16, 2005 7 of 9
Ms. Stromberg agreed that the property owner has been in violation of code issues for around
20 years. If the property owner was not in compliance, the City of Fridley could bring the
Special Use Permit back for review and the council could revoke it if they thought it was deemed
necessary. The petitioner has had discussions with the property owner and the property owner
understands that he is currently has violations and is agreeable with all the stipulations.
Ms. Jones, Planning Coordinator, stated that a building permit would not be issued until
property code violations are corrected. City Staff has struggled with this property owner to
come up to code with his property and this may be a way to finally get these issues resolved.
The property owner will be getting funds from Sprint to lease the tower so that should be an
incentive to stay in compliance.
Commissioner Savage asked if the property owner was clear of the stipulations and aware that
a building permit would not be issued until he was in compliance on these codes.
Ms. Stromberg answered that the property owner is aware of the stipulations and has to{d the
petitioner he is agreeable to them.
Commissioner Saba shared some concems as to why he could not support this Special Use
Permit.
- There is a good reason why this area was not appr�ved as a designated tower site
because the City needs to protect the nature center.
- This tower will devalue the nature center and the referendum that was approved
recently for the nature center proves that the nature center is valuable to the City.
- Building the tower would be a disservice to the voters who supported the referendum.
- Any nature photographer would be impacted by this tower.
- A tower at 125' is excessive. This is why we have passed designated sites for these
types of towers.
- For these reasons, the request is not acceptable and I cannot support the request for a
Special Usage Permit.
Commissioner Kondrick agreed with Commissioner Saba. He felt the same way and was not
convinced that adding footage to an existing tower would not be acceptable. He commented
that there may be another way to meet the demands of Sprint customers other than building a
tower next to the Nature Center.
Commissioner Savage stated that she thought the case was presented very well but the
current stipulations will not have enough impact to make the tower acceptable next to the nature
center and surrounding properties. Because of this, she cannot support the request.
Commissioner Oquist commented that he could support this Special Use Permit as when a
nature center is built in an urban area, there will eventually be a need to put up these towers. It
will be an incentive for the property owner to clean up the area. If we revoke the permit, we
would penalize Sprint not the property owner. He also does not think it would be possible to
extend the current tower as it was probably designed for 90' not 125'.
Commissioner Kuechle agreed with Commissioner Oquist that when we built the nature center
in the middle of the city they will need to put up with this type of thing. He felt the staff did their
homework and presented the request very well. Another location may be possible but he felt
that this was a reasonable request.
Commissioner Dunham understood the reason the tower is needed buf if a 180' tower in Coon
Rapids can support many areas, he is not convinced this tower is needed. He would like to see
more tower coverage results of existing towers and have Sprint check into other sites.
18
_
Planning Commission November 16, 2005 8 of 9
Commissioner Johns agreed with Commissioner Dunham and would like to see the balloon
test.
MOTION by Commissioner Kondrick, seconded by Commissioner Saba to deny the
consideration of a Special Use Permit SP# 05-04, by Sprint, to aflow wireless
telecommunication facilities (a 12' monopole tower) in an M-3, Heavy Industrial, Outdoor
Intensive District, generally located at 8290 Main Street.
UPON A VOICE VOTE, 5(NAY) - 2(AYE), CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED TO DENY SUP #05-04 BY SPRINT.
THE ITEM WILL BE HEARD AT THE CITY COUNCIL MEETING ON DECEMER 5TH, 2005
AT 7:30 P.M.
2. Receive the minutes of the October 3 2005 Parks and Recreation Commission
meetinct.
MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle to receive the
minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the minutes of the October 6 2005 Housin and Redevelo ment Authorit
Commission meetinq.
MOTION by Commissioner Kuechle, seconded by Commissioner Kondrik to receive the minutes
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOT{ON CARRIED UNANIMOUSLY.
4. Receive the minutes of the October 18 2005, Special Meetinq of the Housinq and
Redevelopment Authoritv Commission.
MOTION by Commissioner Kuechle, seconded by Commissioner Saba to receive the minutes
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the minutes of the October 18 2005 Environmental Qualit and Ener
Commission meetina.
MOTION by Commissioner Kondrick, seconded by Commissioner Saba to receive the minutes
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Receive the minutes of the October 26 Appeals Commission meetina.
MOTION by Commissioner Kuechle, seconded by Commissioner Saba to receive the minutes
19
�
Planning Commission November 16, 2005 9 of 9
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg reported that the Woodcrest Baptist Church Special Use Permit was approved
by City CounciL _
Lastly, the December 7th, 2005 meeting has been cancelled. `
ADJOURNMENT:
MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to adjourn.
UPON UNANIMOUS VOICE VOTE, COMMISSIONER SAVAGE DECLARED THE MEETING
ADJOURNED AT 8:30 P.M.
Respectfully Submitted,
(\�2�
'������
Krista Monsrud
Recording Secretary
2�
�
�
CffY OF
FRIQLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 28, 2005
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: First Reading of a Rezoning Request, ZOA #05-04, Peter Borman
M-05-152
INTRODUCTION
The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100,
104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the
properties listed above from R-3, Multi-Family to R-1, Single Family.
The petitioner has contacted all of the above property owners regarding the rezoning request
and we have received signatures from all of them.
PAST COUNCIL ACTION
At the November 21, 2005, City Council meeting, a public hearing was held for ZOA #05-04.
PLANNING COMMISSION RECOMMENDATION
At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA
#05-04. After a brief discussion, the Planning Commission recommended approval of rezoning
request, ZOA #05-04.
THE MOTION CARRIED UNAMIOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of the
rezoning ZOA #05-04 at the December 5 City Council meeting.
In addition, staff does not recommend waiving the rezoning application fee as requested by the
petitioner at the public hearing. Here are two reasons why: first, this rezoning primarily benefits
the nine property owners involved. The remainder of the property owners in the City should not
be required to pay the costs related to a rezoning which provides them little or no benefit.
Second, waiving fees is not a good precedent to set. Soon Council may find a pattern of similar
fee-waiving requests will emerge.
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
100 River Edqe Way
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Edqe Way
Lot 27, Block 1, River Edge Addition, subject to easement of record
108 River Edqe Way
Lot 26, Block 1, River Edge Addition, subject to easement of record
112 River Edqe Way
Lot 25, Block 1, River Edge Addition, subject to easement of record
116 River Edqe Way
Lot 24, Block 1, River Edge Addition, subject to easement of record
120 River Edqe Way
Lot 23, Block 1, River Edge Addition, subject to easement of record
124 River Edqe Way
Lot 22, Block 1, River Edge Addition, subject to easement of record
128 Rivers Edqe Way
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River Edqe Wav
Lot 20, Block 1, River Edge Addition, subject to easement of record
Is hereby designated to be in the Zoned District R-1 (Single Family).
SECTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District R-3 (General
Multiple Units) to R-1 (Single Family).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAYOF ,_.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: November 21, 2005
First Reading: December 5, 2005
Second Reading:
Publication:
�
�
CffY OF
FRIQLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: Resolution to Authorize the Transfer and Exchange of a Certain Parcel of
City Owned Real Estate: Kent L. Craft & Kathleen M. Craft
INTRODUCTION
The attached resolution authorizes the exchange of properties between the City and the
Craft's.
Following the second reading of an ordinance declaring certain parcels of city owned
real estate near Glen Creek Road and Logan Parkway surplus and authorizing the
transfer and exchange thereof, the City Council then must approve the attached
resolution authorizing the Mayor and City Manager to execute any such documents
necessary to complete the transfer in order to complete the transaction.
STAFF RECOMMENDATION
Staff recommends the Council authorize exchange of this property as stated in the
attached resolution at the December 5, 2005 Council meeting.
M-05-159
RESOLUTION NO.
RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE
TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH KENT L.
CRAFT & KATHLEEN M. CRAFT.
• WHEREAS, KENT L. CRAFT & KATHLEEN M. CRAFT ("the Craft's") are the fee
owners of Lot 8, Block 1 Oak Creek Addition, Anoka County, Minnesota; and
WHEREAS, the City is the fee owner of Tract D RLS No. 238 Anoka County, Minnesota;
and
WHEREAS, it is of mutual benefit to the City and the Craft's to exchange portions of these
lots; and
WHEREAS, the City found and continues to find that the proposed land exchange is in the
best interest of the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as
follows:
1. That the City convey to the Craft's that real property described as Tract D of the
attached Registered Land Survey No. 238 Anoka County, Minnesota.
2. That the City accept from the Craft's an easement over, under, and across the
property described on the attached Easement Sketch as that part of Lot 8, Block 1,
Oak Creek Addition, Anoka County, Minnesota, lying northwesterly of a line running
southwesterly from a point on the north line of said Lot 8 distant 42.07 feet east of the
northwest corner of said Lot 8 to a point on the west line of said Lot 8 distant 17.54
feet south of said northwest corner of Lot 8.
3. That the Mayor and City Manager are authorized to execute on behalf of the City any
and all such documents and instiuments as may be necessary to effect the foregoing
on behalf of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
STH DAY OF DECEMBER 2005.
, ATTEST:
DEBRA A. SKOGEN — CITY CLERK
25
SCOTT J. LUND - MAYOR
.
RE �ISTERED LAND SURVEY N -
AP10KA COUNTY. MIIINESOTA
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9001 East Bloomington Freeway (35W)
Suite I 18
Bloomington, Minnesota 55420-3435 Easement Sketc�i For.�
Bu siness: 952-881-2455
FAX: 952-888-9526 �VERGR�'�'N LAND S�'RVIC�'S
CD�IPANY
PROPOSED EASEMENT DESCRIPTION
_ � An easement over, under and across that part of Lot 8, Block I, "OAK CREEK ADDITION",
according to the recorded plat thereof, Anoka County, Minnesota, lying northwesterly of a
line running southwesterly from a point on the north line of said Lot 8 distant 42.07
feet east of the northwest corner of said Lot 8 to a point on the west line of said Lot
8 distant 17.54 feet south of soid northwest corner of Lot 8.
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We hereby certify thct this sketch, plan or report was
prepared by me or under my instruction and that I am
a duly Registered Land Surveyor under the laws of the
State of Minnesota
Dated this 13th day of December, 2004
SUNDE LAND SURVEYING, LLG
B y. '
Scott J. ukup, R.L. . �Ilnn. Reg. No, 17256
2004-172 451 /70 T.30 R.24 "S f0 2004172005.dwg SMT
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 29, 2005
�
William Burns, City Manager��
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Resolution to Authorize the Transfer and Exchange of a Certain Parcel of
Citv Owned Real Estate: Peter J. Kadlec & Richard G. Kadlec
INTRODUCTION
The attached resolution authorizes the exchange of properties with the Kadlec's
Following the second reading of an ordinance declaring certain parcels of city owned
real estate near Ely Street and Liberty Street surplus and authorizing the transfer and
exchange thereof, the City Council then must approve the attached resolution
authorizing the Mayor and City Manager to execute any such documents necessary to
complete the transfer in order to complete the transaction.
STAFF RECOMMENDATION
Staff recommends the Council authorize exchange of this property as stated in the
attached resolution at the December 5, 2005 Council meeting.
:
` M-05-157
J
0
RESOLUTION NO.
RESOLUTION OF THE CITY OF FRIDRL �N PARCE L OF LAND WITH PETER J.
'TRANSFER AND EXCHANGE OF CE
KADLEC & RICHARD G• KADLEG
• WHEREAS, Peter J. Kadlec and Richard G. Kadlec ("the Kadlec's") �e ��e o�and of
Lot 9-11 and Lots 37-40, Block 12, Spring Brook Park, Anoka County, M ,
. Block 12, Spring Brook Park, Anoka
WHEREAS, the City is the fee owner of Lots 12-13, M�esota; and
County, Minnesota now replatted as Tracts A-D RLS No. 239 Anoka County,
WHEREAS, it is of mutual benefit to the City and the Kadlec's to exchange portions of these
lots; and
WHEREAS, the City found and continues to find that the proposed land exchange is in the
best interest of the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as
follows:
1. That the City convey to the Kadlec's that real property described as Tract A and Tract
C of the attached Registered Land Survey No. 239 Anoka County, Minnesota.
2. That the City accept from the Kadlec's an easement over, under, and across the
property described on the attached Easement Sketch as that part of Lot 37, Block 12,
Spring Brook Park, Anoka County, Minnesota, lying northeasterly of a line running
southeasterly from a point on the north line of said Lot 37 distant 17.60 feet west of
the northeast corner of said Lot 37 to ep of Lot �e east line of said Lot 37 distant
53.88 feet south of sa1d northeast corn
3. That the Mayor and City Manager are authorized to execute on behalf of the City any
and all such documents and instruments as may be necessary to effect the foregoing on
behalf of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
5� DAY OF DECEMBER 2005.
. SCOTT J. LUND - MAYOR
ATTEST:
DEBR.A A. SKOGEN — CITY CLERK
�
�r cainl CY
{ il l �
ET T A l�T� SU�VE� �Tp •� 3 9 SEC. 3, T�30, R K24
REGISTER 1J � �H1V '—'
ANOKA COUNTY, MINIIESOTA
, � h�� by c e r t i f y th o t i n o c c o r d a n c e w i t h the provisions of Chapter
� � 508, Minnesota Statutes of 1949, as omended, 1 have surveye d
the fol►owing descnbzd troet of tand in the County of Anoka�
— — State o4 Minnesota. to wit
�� ��TR£-�-r Lots 12, 13 and 36. Btock 12, "SPRtNG BROOK PARK.
Lt_ � ��-�- f ANOICA C�17Y, MINN.'. occordmg to the recorded ptot
m thereof, Moko County. M'u�nesota
(7�:/L� RwSE'.Fi: .`,'.Ej
N89°39'07"E I hereby certify that this Registered Land Sur�y is a carect
� 24.28 �MFJ�SJ delineotion of said survey-
i '��PU r) �i \ Doted this �� doY of �bP..r 2��.
, �'
_ ; ,�, � �� ���
, :s � < ' �� B -
� X , / �
Y Scott J. p. R- �
m�,� o��•. � Id'mnesota Licorese No. 17256
•O$�= � ''jy<� �7 � .
%� n r�' i a„� N o. � `_ �% This Registered Land Survey wos aPP�o� �d
t`�;+6 � W–o � �7 –'� o�e ted by the C'ity CouncW of the �ty of Fridley.
�� r �'� �� N �� MinneP..ota. ot a regul� meetmg ther 200� th�
W N r � \
. J o� z m m � o� �– day of
3m�� � v �
:' : o O
3"� �*t � CfTY COLNdCIL OF THE CiTY OF fRiDLEY. MINNESOTA
� –�
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�� �%r ° `�rr �` � �
. � �_ By.
2 v 5 �g �, � µayor
� � � \
o • ,� ,� '� ` � BY
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Sunde Land Surveying, LLC.
9001 East Bloomington Freeway (35W)
Suite IIB
Bloomington, Minnesoto 55420-3435 E'asement Sketcl� For.�
Business: 952-881-2455
FAx: 952-88$-9526 �'V�'1�GR�'EN LAND S�'RVIC�'S
CO�IPANY
� PROPOSED EASEMENT DESCRIPTION
An easement over, under and across that part of Lot 37, Block 12, "SPRING BROOK
PARK, ANOKA COUNTY, MINNESOTA", according to the recorded plat thereof, Anoka
County, Minnesota, ly�ng northeasterly of o line running southeasterly from a point on the
north line of said Lot 37 distant 17.60 feet west of the northeast corner of said Lot 37
to a point on the east line of said Lot 37 distant 53.88 feet south of said northeast
corner of Lot 37.
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(F.K.A RDOSEVELT AVE)
N. LINE OF LOT 37
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AREAS:
Totai Easement � 474 square feet
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We hereby certify that this sketch, plan or report was
Xprepared by me or under my instruction and that I am
n o duly Registered Lond Surveyor under the laws of the
�- State of Minnesota
gDated this 13th day of December, 2004
� SUNDE LAND SURVEYING, LLC.
� gy. ��,,.�,�
cai cott J, S6uku R.L. . Minn. Reg. No. 17256
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crrr oF
FRIDLEY
Date:
To:
From:
Subject
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
'
November 29, 2005
William Burns, City Manager�
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Preliminary Plat Extension Request, PS #05-02, Family Lifestyle
Development Corporation
M-05-160
INTRODUCTION
John DeMello of Family Lifestyle Development Corporation received preliminary plat
approval from the City Council on June 13, 2005 for the properties located at 1314 .
Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue, 6441 Central Avenue
(vacant) and 6461 Central Avenue (vacant). The purpose of the preliminary plat
approval is to allow the redevelopment of these parcels for a Senior Housing /Retail
mixed use development.
On November 7, 2005, staff received a letter from Mr. DeMello requesting an extension
to file the final plat. At this time, Mr. DeMello is in the final stages of the negotiation
process with his investor groups; however additional time is needed #o submit the final
plat.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of the 6-month extension to June 13, 2006.
32
�
�
CffY OF
FRIDLEI'
T�:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
December 2, 2005
2006 GIS Contract
PW05-061
The attached agreement extends our consulting services partnership between the cities
of Fridley, Andover and Columbia Fieights with the GIS Rangers LLC for 2006.
The contract hours and services are essentially the same. The cost reflects a 5%
increase over last year. This cost has been budgeted for 2006.
The GIS Rangers have provided us with excellent continuous service over the last several
years. Individual and special projects are handled quickly and accurately for departments
of the City. I`iew longer term projects are discussed and developed at the beginning of
each year.
Recommend the City Council approve the extension into 2006 of the Tri-City GIS
project.
Jtiti:cz
CONSULTING SERVICES AGREEMENT
This Contract is made and entered into between the Tri-City GIS Joint Powers
Organization, consisting of the Cities of Fridley, Columbia Heights and Andover,
hereinafter "Tri-City" and GIS RANGERS LLC., 2434 Virginia Circle, Roseville,
Minnesota, 55113, hereinafter "Contractor".
WHEREAS, Tri-City requires services to be provided for the staffing of a GIS
Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia
Heights and Fridley;
WHEREAS, Contractor desires to and is capable of providing the necessary services
according to the terms and conditions stated herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein the parties agree as follows:
1. TERM
1.1 Term.
The term of this Contract shall be from January 1, 2006 to and
including December 31, 2006 unless earlier terminated by law or
according to the provisions of this Contract.
2. CONTRACTOR' S OBLIGATIONS
2.1 General Description.
Contractor shall provide the following services generally described as:
2,405 hours annually of full time onsite GIS technical assistance to the
communities of Fridley, Andover and Columbia Heights. The services
will be in the form of one or more GIS Range Riders that would spend
approximately 80 hours per month per city in Andover and Fridley,
respectively, and approximately 40.5 hours per month in the City of
Columbia Heights over the course of the Contract. Hours over and
above what is contracted here will be handled separately on a case by
case basis.
2.2 Conformance to Specification.
Services provided shall meet or exceed the tasks outlined in the Tri-
City GIS Technical Assistance Request for Proposal set out in Exhibit
A, which is attached hereto and incorporated herein by reference.
3. PAYMENT
3.1 Total Cost.
The total amount to be paid by Tri-City pursuant to this Contract
shall be:
$74,141.°—° (Andover-$29,595.°—°, or 40%, Fridley-$29,595.°—°, or 40%,
Columbia Heights-$14,960.°—°, or 20%)
3.2 Invoices.
Contractor shall, within fifteen (15) working days following the last
day of each calendar month in which services were provided, submit
an invoice and request for payment on an invoice form acceptable to
Tri-City. This invoice shall itemize 1) the hours of services rendered
listed by classification, 2) the date such services were provided, 3) a
general description of the services provided, 4) the name of client
receiving services, 5) the amount and type of all reimbursable
expenses being charged to the Contract, 6) the dates of the
performance period covered by the invoice.
3.3 Time of Pavment.
Tri-City shall make payment to Contractor within thirty-five (35)
days of the date on which the invoice is received. If the invoice is
incorrect, defective, or otherwise improper, Tri-City will notify
Contractor within ten (10) days of receiving the incorrect invoice.
Upon receiving the corrected invoice from Contractor, Tri-City will
make payment within thirty-five (35) days.
3.4 Pavment of Unauthorized Claims.
Tri-City may refuse to pay any claim which is not specifically
authorized by this Contract. Payment of a claim shall not preclude
Tri-City from questioning the propriety of the claim.
4. COMPLIANCE WITH LAWS/STANDARDS
4.1 General.
Contractor shall abide by all Federal, State or local laws, statutes,
ordinances, rules and regulations now in effect or hereinafter
pertaining to this Contract or to the facilities, programs and staff for
which Contractor is responsible.
4.2 Minnesota Law to Govern.
This Contract shall be governed by and construed in accordance with
the substantive and procedural laws of the State of Minnesota,
without giving effect to the principles of conflict of laws. All
proceedings related to this Contract shall be venued in the State of
Minnesota.
5. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor and nothing herein contained shall
be construed to create the relationship of employer and employee between
Tri-City and Contractor. Contractor shall at all times be free to exercise
initiative, judgment and discretion as to how to best perform or provide
services. Contractor acknowledges and agrees that Contractor is not entitled
to receive any of the benefits received by Tri-City employees and is not
eligible for workers' or unemployment compensation benefits. Contractor
acknowledges and agrees that no withholding or deduction for State or
Federal income taxes, FICA, FUTA, or otherwise, will be made form the
payments due Contractor and that it is Contractor's sole obligation to
comply with the applicable provisions of all Federal and State tax laws.
6. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend Tri-City, its members,
officers and employees against any and all liability, loss, costs, damages,
expenses, claims or actions, including attorneys' fees which Tri-City, its
officers or employees may hereafter sustain, incur or be required to pay,
arising out of or by reason of any negligent or willful act, or negligent or
willful omission of Contractor, its agents, servants or employees, in the
execution, performance, or failure to adequately perform Contractor's
obligations pursuant to this Contract.
7. INSURANCE
7.1 General Terms.
In order to protect itself and to protect Tri-City under the indemnity
provisions set forth above Contractor shall, at Contractor's expense,
procure and maintain policies of insurance covering the term of this
Contract, as set forth below. Such policies of insurance shall apply to
the extent of, but not as a limitation upon or in satisfaction of, the
indemnity provisions herein. All retentions and deductibles under
such policies of insurance shall be paid by Contractor. Each such
policy shall not be canceled by the issuing insurance company without
at least ten (10) days written notice to Tri-City of intent to cancel.
7.2 Covera�e.
The policies of insurance to be obtained by Contractor pursuant to
this section shall be purchased from a licensed carrier and shall
include the following:
A) Professional Liability
(1) A professional liability insurance policy covering
personnel of Contractor, if any, who provide
professional services under this Contract, which shall
include the following coverages at a minimum:
Personal Injury/Damage: $200,000 per person
$600,000 per occurrence
B) Workers' Compensation
If applicable, Contractor shall procure and maintain a policy that
at least meets the statutory minimum.
7.3 Certificates.
Prior to or concurrent with execution of this Contract, Contractor
shall file certificates or certified copies of such policies of insurance
with Tri-City.
7.4 Failure to Provide Proof of Insurance.
Tri-City may withhold payments for failure of Contractor to furnish
proof of insurance coverage or to comply with the insurance
requirements as stated above.
8. SUBCONTRACTING
Contractor shall not enter into any subcontract for the performance of the
services contemplated under this Contract nor assign any interest in the
Contract without prior written consent of Tri-City.
9. DEFAULT
91 Inabilitv to perform.
Contractor shall make every reasonable effort to maintain staff,
facilities, and equipment to deliver the services to be purchased by
Tri-City. Contractor shall immediately notify Tri-City in writing
whenever it is unable to, or reasonably believes it is going to be unable
to, provide the agreed upon quality of services. Upon such
notification, Tri-City shall determine whether such inability requires
a modification or cancellation of this Contract.
9.2 Dutv to Miti�ate.
Both parties shall use their best efforts to mitigate any damages which
might be suffered by reason of any event giving rise to a remedy
hereunder.
10. TERMINATION
10.1 With or Without Cause.
Notwithstanding any other provision of this Contract, either party
may terminate this Contract at any time for any reason by giving
thirty (30) days written notice to the other. Tri-City shall pay to
Contractor the reasonable value of services received from Contractor
as of the termination date.
10.2 Notice of Default.
Either party may terminate this Contract for cause by giving ten (10)
days written notice of its intent. Said notice shall specify the
circumstances warranting termination of this Contract.
10.3 Failure to Cure.
If the party in default fails to cure the specified circumstances as
described by the notice given under the above paragraph within the
ten (10) days, or such additional time as may be authorized by the
party giving notice, then the whole or any part of this Contract may
be terminated by written notice.
10.4 Notice of Termination.
Notice of Termination shall be made by certified mail or personal
delivery to the authorized agent of the party. Notice of Termination is
deemed effective upon delivery to the address of the party as stated in
paragraph 12.
10.5 Effect of Termination.
Termination of this Contract shall not discharge any liability,
responsibility or right of any party which arises from the performance
of or failure to adequately perform the terms of this Contract prior to
the effective date of termination, in accordance with the laws of the
State of Minnesota.
11. CONTRACT RIGHTS/REMEDIES
11.1 Rights Cumulative.
All remedies available to either party under the terms of this Contract
or by law are cumulative and may be exercised concurrently or
separately, and the exercise of any one remedy shall not be deemed an
election of such remedy to the exclusion of other remedies.
11.2 Waiver.
Waiver for any default shall not be deemed to be a waiver of any
subsequent default. Waiver or breach of any provision of this
Contract shall not be construed to be modification for the terms of
this Contract unless stated to be such in writing and signed by
authorized representatives of Tri-city and contractor.
12. AUTHORIZED REPRESENTATIVE
Notification required to be provided pursuant to this Contract shall be
provided to the following named persons and addresses unless otherwise
stated in this Contract, or in a modification of this Contract.
To Contractor:
Blaine Hackett
GIS Rangers
2434 Virginia Circle
Andover:
City Engineer
City of Andover
1685 Crosstown Boulevard NW
Roseville, MN 55113 Andover, MN 55304
13.
Fridlev:
Director of Public Works
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
MODIFICATIONS
Columbia Hei�hts:
Public Works Director
City of Columbia Heights
637 - 38t'' Avenue NE
Columbia Heights, MN 55421
Any alterations, variations, modifications, or waivers of the provisions of this
Contract shall only be valid when they have been reduced to writing, and
signed by authorized representatives of Tri-City and Contractor.
14. SEVERABILITY
The provisions of this Contract shall be deemed severable. If any part of this
Contract is rendered void, invalid, or unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Contract unless
the part or parts which are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Contract with respect to either
party.
15. MERGER
15.1 Final Agreement.
This Contract is the final statement of the agreement of the parties
and the complete and exclusive statement of the terms agreed upon,
and shall supersede all prior negotiations, understandings or
agreements. There are not representations, warranties, or
stipulations, either oral or written, not herein contained.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date(s) indicated below.
CONTRACTOR TRI-CITY GIS ORGANIZATION
By:
Title:
Date:
By: _
Title:
Date:
By: _
Title:
Date:
By: _
Title:
Date:
�
�
CffY OF
FRIDLEY
T0:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: 2005 STREET IMPROVEMENT PROJECT DEFERRED ASSESSMENT
DATE: November 30, 2005
The City has received an application for a special assessment deferral from Marvin Halverson of 125
Craig Way. The application is for the 2005 Street Improvement Assessment. Mr. Halverson's
property was assessed $1,944.00 for this improvement.
According to Resolution 14 — 1995, A Resolution Deferring Special Assessment Payments For
Senior Citizens, Mr. Halverson meets the following qualifications:
The property is homestead.
Mr. Halverson is 65 years of age or older.
Mr. Halverson has filed the appropriate application.
Mr. Halverson's household income falls below the VERY LOW INCOME threshold of
$30,800 as defined by the Federal Income Limits for the Community Development Block Grants.
We recommend that Council make a motion to approve the deferral of the 2005 Street Improvement
Assessment for Marvin Halverson's property at 125 Craig Way, NE (PIN# 10-30-24-12-0042).
RDP/gt
�
�
CffY OF
FRIDLEY
T0:
FROM:
DATE:
RE:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director
December 1, 2005
Out-of-State Travel Policy for Elected Officials
Legislation enacted by the State legislature requires that by January 1, 2006, the governing
body of each statutory or home rule charter city develop an out-of-state travel policy for
elected officials. The policy must be approved by recorded vote and specify:
1
2.
3
When out-of-state travel is appropriate;
Applicable expense limits; and
Procedures for approval of the travel.
The policy must be made available for public inspection upon request and must be reviewed
annually. Any subsequent changes must be approved by a recorded vote.
The attached resolution was prepared based upon a policy suggested by the League of
Minnesota Cities. Staff recommends Council's approval.
DKD
Attachment
RESOLUTION NO. 2005 -
RESOLUTION ESTABLISHING A POLICY FOR OUT-OF-STATE
TRAVEL FOR ELECTED OFFICIALS OF THE CITY OF FRIDLEY,
MINNESOTA
WHERAS, Minnesota Statutes, Chapter 471.661, requires that the City develop and approve by a
recorded vote a policy that controls travel outside the state of Minnesota;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the
following out-of-state travel policy for elected officials be approved:
1. The City of Fridley recognizes that its elected officials may at times receive value from
traveling out of the state of Minnesota for workshops, conferences, events and other
assignments. This policy sets forth the conditions under which out-of-state travel will be
reimbursed by the City.
2. The event, workshop, conference or assignment must be approved in advance by the City
Council at an open meeting and must include an estimate of the cost of the travel. In
evaluating the out-of-state travel request, the City Council will consider the following:
a. Whether the elected official will be receiving training on issues relevant to the city or
to his or her role as the Mayor or as a council member;
b. Whether the elected official will be meeting and networking with other elected
officials from around the country to exchange ideas on topics of relevance to the City
or on the official roles of local elected officials;
c. Whether the elected official will be viewing a city facility or function that is similar
in nature to one that is currently operating at, or under consideration by the City,
where the purpose for the trip is to study the facility or function to bring back ideas
for the consideration of the City Council;
d. Whether the elected official has been specifically assigned by the City Council to
visit another city for the purpose of establishing a goodwill relationship, such as a
"sister-city" relationship;
e. Whether the elected official has been specifically assigned by the City Council to
testify on behalf of the City at the United States Congress or to otherwise meet with
federal officials on behalf of the City; and
f. Whether the City has sufficient funding available in the budget to pay the cost of the
trip.
3. No reimbursements will be made for attendance at events sponsored by or affiliated with
political parties.
4. The City may make payments in advance for airfare, lodging and registration if
specifically approved by the City Council. Otherwise, all payments will be made as
reimbursements to the elected official.
5. Airfare will be reimbursed at the coach rate.
6. Mileage will be reimbursed at the current IRS rate. If two or more City Council members
travel together by car, only the driver will receive reimbursement. The City will
reimburse for the cost of renting an automobile if it is necessary to conduct City business.
7. Lodging and meals costs are limited to those which are reasonable and necessary.
8. Receipts are required for lodging, airfare, and meals and should accompany an expense
report form. The expense report form shall be submitted to the City Manager's office for
payment.
9. The City will not reimburse for alcoholic beverages, personal telephone calls, costs
associated with the attendance of a family member, rental of luxury vehicles, meal
expenses included in the cost of registration, or recreational expenses such as golf or
tennis.
10. The City reserves the right to make exceptions to the policy.
11. Any subsequent changes to this policy shall be approved by a recorded vote.
12. Said policy shall be reviewed annually.
13. Said policy will be made available for public inspection upon request.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER, 2005.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
�
CffY OF
FRIdLEY
Name
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
Position
Sandy Accounting/Data
Stanger Proc'g Clerk -
Cashier
Non-Exempt
Appointment
Starting
Salary
$15.29
per hour
Starting
Date
Dec. 6,
2005
Replaces
Cynthia
Bobick
� AGENDA ITEM
� COUNCIL MEETING OF DECEMBER 5, 2005
CffY OF
FRIDLEY
CLAI MS
124359 - 124503
� AGENDA ITEM
� CITY COUNCIL MEETING OF
�TM °F DECEMBER 5, 2005
FRIDLEY
Contractor TVpe Applicant Approved By
Advanced Energy Services Inc Heating Gary Weber Ron Julkowski, BO
Advanced Ener Services Inc Gas Services Ga Weber Ron Julkowski, BO
Alliance Mechanical Services Gas Services Craig Holmer Ron Julkowski, BO
Alliance Mechanical Services Heating Craig Holmer Ron Julkowski, BO
Applied Exteriors Inc Residential Robert Schuller State of MN
Austad Construction Inc Residential Allen Austad State of MN
Automatic Gara e Door & Fire 1 Gas Services Kris Henneman Ron Julkowski, BO
Bergman Plumbing Inc Heating Chris Bergman Ron Julkowski, BO
Bergman Plumbing Inc Gas Services Chris Bergman Ron Julkowski, BO
Ca ital Cit Heatin Gas Services Jeff Dema Ron Julkowski, BO
Ca ital Cit Heatin Heatin Jeff Dema Ron Julkowski, BO
Centraire Ht & AC Inc Gas Services LeRo Seurer Ron Julkowski, BO
Centraire Htg & AC Inc Heating LeRoy Seurer Ron Julkowski, BO
Centraire Htg & AC Inc Plumbing LeRoy Seurer State of MN
Christian Remodelers Residential Daniel Vevea State of MN
Construction Anal sis & M mt Commercial Dean Sand Ron Julkowski, BO
Complete Contracting LLC Residential Robert Johnson State of MN
Construction Service Inc Commercial Diane Anderson Ron Julkowski, BO
Giertsen Co Inc Residential Richard Giertsen State of MN
Ha man Construction Inc Commercial Kurt Ha man Ron Julkowski, BO
Hauri Llo d Construction Residential Llo d Hauri State of MN
K W Billman Inc Residential Kent Billman State of MN
Kevitt Excavating Inc Wrecking Chris Vieau Ron Julkowski, BO
McGou h Construction Commercial Richard O itz Ron Julkowski, BO
M& A Exterioirs Residential Michael Cordie State of MN
Milton Johnson Roofin SM Co Residential Bruce Erickson State of MN
Paul Mechanical Plumbing William Paul State of MN
Practical Systems Heating Troy Lynch Ron Julkowski, BO
Practical Systems Gas Services Troy Lynch Ron Julkowski, BO
Probuilt America/Window World Residential Terence Derosier State of MN
Rainbow Restoration Residential Brett Loomis State of MN
Ray N Welter Heating Co Heating Ray Welter Ron Julkowski, BO
Ray N Welter Heating Co Gas Services Ray Welter Ron Julkowski, BO
Reroof America Co oration Residential John Emrich State of MN
Rickert Heatin & AC Inc Heatin Brian Rickert Ron Julkowski, BO
Rickert Heating & AC Inc Gas Services Brian Rickert Ron Julkowski, BO
Seitz Bros Inc Plumbing Troy Seitz State of MN
St Paul Utilities Inc Plumbing Jay Walters State of MN
S ri s Plumbin & Ht Co Gas Services Michael Lenahan Ron Julkowski, BO
S ri s Plumbin & Ht Co Heatin Michael Lenahan Ron Julkowski, BO
Suburban Home Improvement Residential Kevin Zewers State of MN
Talon Woodworking Inc Residential Mark LeClair State of MN
Verner Finishes Inc Residential Ha Verner State of MN
Webers Chimne Service Inc Commercial Jonathan Weber Ron Julkowski, BO
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
ESTIMATES
BCG Construction, Inc.
3117 Salem Avenue South
St. Louis Park, MN 55416
2005 Miscellaneous Concrete Repair Project No. 359
FINAL ESTIMATE ..................................................
Palda & Sons, Inc.
1462 Dayton Avenue
St. Paul, MN 55104
.................... $ 9,250.23
2005 Neighorhood Street Improvement Proj ect No. ST. 2005 - 1
EstimateNo. 7 ....................................................................................
Dave Perkins Contracting, Inc.
14230 Basalt StreetN.W.
Ramsey, MN 55303
71 '/z Avenue Street Improvement Proj ect No. ST. 2005 — 3
EstimateNo. 1 ....................................................................................
$ 72,783.33
$ 14,692.89
�
�
CffY OF
FRIDLEY
T0:
FROM:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 5, 2005
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: PUBLIC HEARING FOR THE 2006 BUDGET
DATE: NOVEMBER 30, 2005
The attached 2006 Notice of Proposed Total Budget and Property Taxes was published in the Fridley
Focus on December 1, 2005. This information was published in accordance with the "Truth in
Taxation" requirements and also provides property owners with information regarding the City of
Fridley's Budget for 2006. The public is invited and allowed to speak and ask questions concerning
the budget and proposed property taxes.
RDP/me
Attachment
Notice of Proposed
Total Budget and Property Taxes
The Fridley City Council will hold a��ablic hearing on its budget and on the
amount of property taxes it is �roposing to callect to pay for the costs of services
the City wili provide in 2��6.
SPENDING: The total budget amounts below compare the City's 20Q5 tatal
actual budget with the amaunt the City proposes to spend in 2�06.
2QQ5 Total Proposed 2006 Change from
Actual Budqet Budget 2005 — 2006
$16,442,816 $18,353,407 11.7%
TAXES: The property tax amounts below compare that portion of the current
budget levied in property taxes in the City of Fridley for 2005 with the property
taxes the City proposes to collect in 2006.
2005 Property Prop�sed 2006 Change from
Taxes Property Taxes 2005 — 2006
$8,067,949 $8,757,188 8,6%
�OCA� TAX RATE COMPARISON: The following c�mpares the City's current
local tax rate, the City's tax rate for 2006 if no tax levy increase is adopted, and
the City's proposed tax rate f�r 2006.
2005 2006 Tax Rate if 2006 Proposed
Tax Rate NO �evk Increase Tax Rate
33.565% 29.032% 31.928%
Attend the Public Hearing
All Fridley City residents are invited to attend the public hearing of the City
Council to express their opinions on the budget and on the proposed amount of
2006 property taxes. The hearing will be held on:
Monday, December 5, at 7:3Q p.m.
Fridley City Hall
6431 University Ave NE
Fridley, MN
If the disc�assion of the budget cann�t be completed, a time and place for
continuing the discussion wiil be announaed at the hearing. Yoia are also invited
to send y�ur written comments to:
City of Fridley, City Manager
6431 University Ave NE, Fridley, MN 55432
�
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CffY OF
FRIDLEY
To
From
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
December 5, 2005
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
November 16, 2005
Re: Continued Public Hearing — Review of Intoxicating Liquor License for AlVg'
Bowling Centers Inc., dba Maple Lanes, 6310 Highway 65 NE, Fridley, MN
55432
In April when AMF applied for their liquor license, staff found that the 2004 annual figures
received from AlVg' show 61% of their business was from bowling, as required by the
ordinance, however, the gross sales of food to liquor was only 29%. A bowling center must
meet a minimum of 30% gross food.
Staff inet with AlVg' on April 8, 2005 who provided information that their kitchen was
temporarily shut down due to extensive remodeling. There was some discussion as to
whether or not vending machine sales could be included in their food sales. AlVg' is stating
vending machine sales has been included in the past. After reviewing our records, which
included a letter dated June 6, 2002, addressing vending machine sales, staff concluded
vending machines sales has not been included in their food sales reports.
The City amended its city code in 2003 to allow a bowling center and lower the gross food
sales to 30%. AMF's attorney felt bowling centers are allowable by state statute and that our
city code was ambiguous regarding vending machine sales. After speaking with Mike Polla
of the Department of Public Safety — Liquor Control Division, we found that because our City
owns and operates off-sale liquor, the City must issue its on-sale private licenses under
Minnesota Statute 340A.601, subd. 5, which only includes hotels, clubs and restaurants.
Because we cannot issue a license to a bowling center, a restaurant must be included in the
bowling center. To address the issues of vending machine sales and to require a bowling
center to have a restaurant, staff has prepared an ordinance to amend the city code, as shown
in Attachment 1.
A public hearing was held and continued on Apri125, 2005, for the renewal of an intoxicating
liquor license for AMF Bowling Centers, Inc., dba Maple Lanes located at 6310 Highway 65
NE, Fridley, MN 5432 to address . The minutes of that meeting are shown in Attachment 2.
A probationary city license was approved and issued, however, the state does not issue a
probationary license and they have a full one-year license from the state. AlVg' has provided
monthly financial information to the city showing their food to liquor sales. Their gross food
sales to date are 31%, as shown in Attachment 3.
Staff recommends reopening the public hearing.
Attachment 1
Ordinance No.
AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE PERTAINING TO
FOOD SALES
The City Council of the City of Fridley hereby finds, after review, examination and recommendation
of staff, that the Fridley City Code be hereby amended as follows:
That Chapter 603 of the Fridley City Code is hereby amended as follows:
Chapter 603. On-Sale Intoxicator Liquor
603.01. DEFINITIONS
1. Bowling Center
An establishment under the control of a single proprietor or manager, having a minimum of 201anes
for the sport of bowling and where, in consideration of payment therefore, the general public is
permitted to participate in the sport of bowling. Such establishment shall have a restaurant'�:�
� to serve meals and where, in consideration of payment therefore, meals are
regularly served at tables to the general public. Such establishment employs an adequate staff for the
usual and suitable service to its guests, and the business of bowling, including sale or rental of bowling
equipment and supplies, for a license year is a minimum of 60% of the total gross sales of the
business.
8. Restaurant.
Any establishment, other than a hotel or bowling center, under the control of a single proprietor or
manager, having kitchen and other facilities to serve meals and where, in consideration of payment
therefore, meals are regularly served at tables to the general public. Such establishment employs an
adequate staff for the usual and suitable service to its guests, and the business of serving food and/or
intoxicating liquors for a license year is a minimum of 40% of the total gross sales of the business.
Vendin� machines sales shall not be included as food sales revenue (Re£ 1172)
603.10. CONDITIONS OF LICENSE
18. A restaurant shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the
business for a license year is from the serving of food prepared on site and not from vendin�
machines. A hotel shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors a minimum of 40% of the
business for a license year is from the serving of food prepared on site and not from vendin�
machines. A bowling center shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the restaurant °^'° ^�� ^�' ^r�' ;r+^°;^^+;r�';^„^r° a minimum of 30%
of the gross sales of the food and liquor is from the serving of food prepared on site and not from
vendin� machines. (Re£ 1172)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY
OF 2005.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
Attachment 2
Fridley City Council Meeting Minutes of Apri125, 2005 Page 3
6. Claims (121224 —121411)
APPROVED.
7. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette, seconded by Councilmember Wo{fe, to adopt the
consent agenda with the removal of Item 5.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the
agenda with the addition of Item 5.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): Consideration of items not on agenda —15 Minutes
No comments were made.
PUBLIC HEARING:
8. Consideration of the Liquor License Renewal Application of AMF Bowling
Centers, Inc., d/b/a Maple Lanes, Generally Located at 6310 Highway 65 NE
(Ward 2).
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Pribyl, Finance Director, explained this public hearing is being held due to the license
holder not meeting the food to liquor ratio for 2004. In reviewing the sales related to the
restaurant, staff found that 29% of the sales were from food and the corresponding 71%0
were from liquor. A point of disagreement exists befinreen staff and AMF Maple Lanes
regarding the inclusion or exclusion of food and beverages from vending sales in these
numbers. Staff contacted the Minnesota Liquor Control regarding this issue and was told
that because Fridley owns and operates `bff sale" liquor, it must issue its "on-sale" private
licenses under Minnesota Statute 340A.601, Subdivision 5. It can only issue "on-sale"
liquor licenses to hotels, clubs and restaurants by this defin+tion. In this case, the liquor
ticense was issued to AMF as a restaurant within the bowling center. In 2003, the City
modified the City Code to define a bowling center in such a way as to allow the restaurant to
have a lower food minimum. Since the license is controlled under Chapter 340A.601,
55
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 4
Subdivision 5, and is issued to a restaurant, the definition of food becomes an important
issue. Minnesota Liquor Control directed us to the definition section of the State Statute
regarding food and restaurants. The definition of restaurant includes a section that states
"where meals are regularly prepared on the premises and served at tables to the general
public." We have been told this does not include the vending of sandwiches, pop and
candy.
Mr. Priby! stated the application for renewal did come in with a CPA statement indicating
that the food sales ratio was 32%. Staff did verify that this did include "snack, candy, and
cold drinks" as defined on their financials. Without the "snack, candy, and cold drinks" the
food ratio falls to 29%. When the issue of food was discussed with AMF representatives,
they indicated that the sales for 2004 were impacted by kitchen remodeling. They
described those kitchen changes as being so significant that it disabled the kitchen for three
of their highest revenue months. Staff asked for the 2005 monthly financials to determine
how the ratio was running year to date, and the following was found:
Without With
Vendin Vendinq
January 31.02% 33.29%
February 27.02% 29.98%
March 28.60%0 31.54%
Mr. Pribyl explained that the AMF representatives found our language unclear as to whether
food was defined as "prepared restaurant food." The language did not specify that vending
food sales were not to be included. Based on past practice, staff recommends that the
license be issued to AMF Maple Lanes and the public hearing be continued to October 24,
2005 for a review of the food sales. Staff would also be prepared at that time to clarify the
language regarding food sales.
Councilmember Barnette stated it appears vending sales are not qualified as food sales
according to the State, so AMF Maple Lanes would have to meet the required ratio by
October from qualified food sales only.
Mr. Pribyl stated that is correct.
Mayor Lund asked if vending sales have been included in the past.
Mr. Pribyl stated vending sales have been included, but any time staff finds financial
statements that include vending sales they bring it to the owner's attention to have those
sales excluded.
Councilmember Billings asked if there is anything that precludes the City from having
different food ratio definitions for bowling alleys and restaurants. One of the arguments
when the City changed the food ratio for bowling alleys was that the State Statute
specifically spells out bowling alleys as a type of recreational facility that was eligible for
having a liquor license when, in fact, in the City of Fridley the statute makes no distinctive
difference between a bowling alley and a restaurant.
Mr. Pribyl stated that was what staff discovered with the Liquor Control Board.
56
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 5
Councilmember Billings stated the requirement for bowling alleys in our current statute is
30% and that was reduced from 40% last year as an attempt to aid AMF so they could stay
in business. He then asked how the 2005 sales for AMF are comparing to the 2003 sales.
Mr. Pribyl stated January, February and March sales are trailing their 2003 sales with food
sales falling and liquor sales increasing.
- Councilmember Billings stated he thought that AMF inade a commitment last year to
become more aggressive in their food sales.
Mr. Pribyl stated that was one of staff's concerns when they met with AMF. AMF indicated
they have had some change in leadership and they are now under the control of an
individual who is much more geared towards restaurants. In the early months of 2004, their
kitchen was down for remodeling to accommodate a change in their restaurant.
Councilmember Bolkcom asked for clarification on the history of vending sales being
included in the food ratio. She also asked about changing the City's ordinance when it is
already spelled out in State statutes.
Mr. Pribyl explained that vending sales were not included for the past finro years. They
discussed this issue with AMF last year. As far as the ordinance change, the City would
clarify the issue that food is actually defined as a prepared meal at a restaurant and does
not include vending sales.
Ms. Kaela Brennan, local counsel for AMF Bowling, stated there was additional information
revealed this evening that she was not aware of. When they met with City staff they
reviewed the State statutory provisior►s which separate out the definition of restaurant and a
bowling center. There remains a question of whether or not vending food sales should be
included. She explained for AMF, the number one item of food sales are cans of pop. She
pointed out that fountain pop is considered a food item, yet cans of pop are not. They
welcome the opportunity for clarification and support staff's recommendation of postponing
the public hearing until October. In attempting to meet their pledge to Council to increase
their food sales, they experienced some difficulties with their kitchen equipment. The
County Health Department required AMF to do significant remodeling including installation
of a new food and ventilation system which took a lot longer than anticipated. The net result
was that AMF was unable to operate at full kitchen capacity from January 30 to May 6,
2004. The bowling season is limited to a 9-month season in Minnesota and the kitchen
remodeling occurred during the peak season. They continued to serve some food, but
could not offer their full menu during the remodeling. If you exclude the period of time from
January 30 to May 6, 2004, the food to liquor ratio is about 32%. In addition to the newly
remodeled kitchen, AMF is offering a new and improved product line with a definite push
toward upgraded, quality food. The figures through April 17, 2005, show dramatically
increased food sales, with the food sales ratio at 27%. Food sales totals through April 17
are at about $8,000 which compares favorably to the $9,000 total for the full month of April
2003. If Council chooses not to follow staff's recommendation to postpone the public
hearing until October, AMF would request that Council consider a period of probation
because the suspension of their liquor license would have a dramatic economic impact on
AMF. They may not be able to continue operating without the liquor license which would
result in a loss of jobs for 24 employees. AMF is a tax-producing member and recreation
center for the community.
57
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 __ PAGE__6
Ms. Cynthia Blanc, District Manager for AMF, stated discussions on this issue began in
2003 when a plan was submitted by AMF to Council detailing their efforts to increase food
sales. She stated all of those things have been done. Since January of this year, they
upgraded their product line. !n addition, they changed their plate presentation and
introduced new menus. They are also focusing on family products, such as birthday parties
for kids and are offering a family fun-pack. In April of this year they have generated $8,100
in food sales compared to $2,500 in 2004 when the kitchen remodeling project was -
underway. In April, 2003, they had $9,290 in food sales, so they feel they are on track.
Mayor Lund asked why their food sales for 2005 were not doing better considering all the
improvements they have made.
Ms. Blanc explained that many of the improvements she referred to were started in 2003.
Their food sales are up 2% to 3% since 2003.
Mayor Lund inquired as to the hours of operation for the restaurant.
Ms. Blanc stated during the bowling season they serve food depending upon their business,
but typically they may open around noon; if not, 4:00 p.m. until 10:30 p.m.
Mayor Lund said he does not want to see the bowling alley close, but he would like to see
the food sales expanded so they are not bordering on the 30°!o ratio all the time. He
questioned extending this matter until October since that will be right at the end of the
slowest business period for AMF. He asked if Ms. Blanc felt comfortable that AMF will be
able have food sales of 30% by October.
Ms. Blanc responded she is comfortable with that.
There was some discussion regarding continuing the public hearing until December, but it
was determined that the Council's practice has been to grant a six-month extension only.
Councilmember Billings asked Ms. Blanc to provide a monthly report of food and Jiquor
sales to the City staff so they can monitor the situation up to October.
Ms. Blanc agreed to do so.
MOTION by Commissioner Wolfe, seconded by Commissioner Bolkcom, to continue the _
public hearing until October 24, 2005.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
5. Approve Liquor License Renewals.
Councilmember Bolkcom asked what is involved in the Public Safety Department's review
for liquor license renewals.
58
_
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 7
Mr. Pribyl stated a background check is perFormed as well as a review of any incidents that
may concern public safety. If the Director of Public Safety had any concerns about a
particular establishment, he would bring them to the attention of the City Manager and
CounciL
Councilmember Bolkcom stated one of the license applications is "right on the edge" with
_ regards to the food to liquor sales ratio.
Mr. Pribyl stated he double-checked that particular applicant's sales figures and confirmed
' that according to their CPA, they do meet the 40% minimum food to liquor sales ratio.
Councilmember Billings stated certain establishments now have a 2:00 a.m. closing liquor
license and asked how often they are required to submit a statement from their accountant.
Ms. Deb Skogen, City Clerk, responded they must submit that statement every six months.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the
license renewals as submitted.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
9. Informal Status Report.
Mayor Lund announced that April 30, is the Fridley Historical Society's annual lasagna
dinner.
Mayor Lund also announced that the Stargazers annual event will be held at the high school
on April 30.
Councilmember Bolkcom stated there was a very good turnout at the Block Captain's
meeting last week.
Councilmember Wolfe announced that he and Mayor Lund attended the Alexander House
annual gala event.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
RespectFully submitted by,
Rebecca Brazys
Recording Secretary
59
Scott J. Lund
Mayor
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� AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
CffY OF
FRIDLEY
To: William W. Burns, City Manager
��I '
From: Don Abbott, Public Safety Director
Date: December 1, 2005
Re: Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Pawn Shops.
The police department recommends an ordinance increasing pawn shop transaction fees to cover
the costs of an additional police detective. This detective will be assigned to regulate the pawn
shops, investigate resulting and related crimes, and take enforcement action where appropriate.
This ordinance will increase the transaction fee from the current $1.50 per transaction to $3.00
per transaction. The resulting revenue based on 2005 transaction figures and including license
renewal fees would be $105,300. Of that amount, $33,100 would be passed through to
Minneapolis to pay for APS. The remaining $72,20Q would be used to offset the costs of an
officer assigned to dedicated pawn shop investigations. Salary and benefits of a full time
investigator are budgeted at $72,475. Additional absorbed costs of a vehicle, technician support,
and overhead will be absorbed by the current police budget.
The ordinance also raises the reporting/manual entry penalty to $4.00 per transaction. The
increase will take effect on Januazy 1, 2006.
The City Council approved the first reading on November 7, 2005. The axnendment was tabled
when presented for second reading on November 21, 2005, with the direction to staffto prepare
language providing for a"Sunset Provision." The attached revision to Chapter 11 provides far
the elevated fees for the period of January 1, 2006 through December 31, 2007. Staffwill
provide an evaluation of the effectiveness of the pawn detective prior to the expiration of this
two-year period. The $3 and $4 fees will automatically revert to the current $1.50 and $2.50 fees _
unless new ordinance extending the elevated fees is passed prior to January l, 2008.
Attachments include the revised language for Chapter 11 and a memo summarizing a meeting
with representatives of both Fridley pawn shops held this week in relation to a court order
affecting the City of St. Paul.
Staff recommends the second reading.
��
�•
�
�
CffY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
William W. Burns, City Manager
Don Abbott, Public Safety Director
December 1, 2005
Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Pawn Shops.
The police department recommends an ordinance increasing pawn shop transaction fees to cover
the costs of an additional police detective. This detective will be assigned to regulate the pawn
shops, investigate resulting and related crimes, and take enforcement action where appropriate.
This ordinance will increase the transaction fee from the current $1.50 per transaction to $3.00
per transaction. The resulting revenue based on 2005 transaction figures and including license
renewal fees would be $105,300. Of that amount, $33,100 would be passed through to
Minneapolis to pay for APS. The remaining $72,200 would be used to offset the costs of an
officer assigned to dedicated pawn shop investigations. Salary and benefits of a full time
investigator are budgeted at $72,475. Additional absorbed costs of a vehicle, technician support,
and overhead will be absorbed by the current police budget.
The ordinance also raises the reporting/manual entry penalty to $4.00 per transaction. The
increase will take effect on January 1, 2006.
The City Council approved the first reading on November 7, 2005. The amendment was tabled
when presented for second reading on November 21, 2005, with the direction to staff to prepare
language providing for a"Sunset Provision." The attached revision to Chapter 11 provides for
the elevated fees for the period of January 1, 2006 through December 31, 2007. Staff will
provide an evaluation of the effectiveness of the pawn detective prior to the expiration of this
two-year period. The $3 and $4 fees will automatically revert to the current $1.50 and $2.50 fees
unless new ordinance extending the elevated fees is passed prior to January 1, 2008.
Attachments include the revised language for Chapter 11 and a memo summarizing a meeting
with representatives of both Fridley pawn shops held this week in relation to a court order
affecting the City of St. Paul.
Staff recommends the second reading.
�
MARTIN & SQUIRES, P.A.
Attorneys At Law
December 5, 2005
City Council
City of Fridley
Fridley Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
444 Cedar Street
Suite 2050
St. Paul, MN 55101
Telephone: 651-767-3740
Facsimile: 651-228-9161
John Paul Martin
DiredDial # (651) 767-3�43
jpmartin(a7�nartinsquires. com
Re: Fridley City Code Chapter 11 Amendment Pertaining to APS Transaction Fees for
Pawn Shops
Honorable Members of the Fridley City Council:
This is to respectfully request the City of Fridley table the amendment to Chapter 11 regarding
doubling the APS transaction fees for pawn shops in Fridley. The proposed amendment needs
further study and revision in order to comply wit� law.
The merits of the APS system and the costs a:
most recent Council meetings. Reiteration of
Rather, the Council needs to be awaxe of a de�
which pertains directly to the proposed action
The City of St. Paul utilizes the APS system. It ]
charges imposed by the City of Minneapolis and
incurred by St. Paul in regulation of pawn shops.
per transaction, claiming it needed additional re�
against the City of St. Paul and very recently the
should be compelling to Fridley.
In the St. Paul litigation, St. Paul contended that
time clerk and reimburse for a sworn officer whc
suspects, following leads, making arrests and prc
pawn shops. The Court held:
�iated with that system have been debated in the
t debate is not the intent of this communication.
�pment in litigation with the City of St. Paul
the Council agenda this evening.
transaction fees which are dedicated to
ecovery of regulatory costs supposedly
Effective 2005, St. Paul raised its fees to $3.00
nue to regulate pawn shops. Suit was brought
)istrict Court issued a preliminary ruling which
APS transaction fees were needed to pay a full
was involved with investigating, interrogating
secuting property crimes related in some way to
Page Two
December 5, 2005
"To the extent the fees raise revenues
business through the APS under its li
tax."
The Court went on to observe that general law e
and prosecution, is a general cost to be borne by
that the cost of processing APS transactions doe
and "police monitoring of pawn shops."
Although the St. Paul litigation is ongoing, it
lawful regulation in dealing with the APS sy,
a single industry. Fees must be related to reg
Fridley has an opportunity to benefit from the li
not repeat the mistakes of St. Paul in setting the
this opportunity to do so.
Y
JPM: smh
reasonably related to regulating the
ing authority, they are an improper
Porcement activities, including investigatory
�ll t�payers, not just the pawn shops. Further,
not include "all issues involving pawn shops"
des guidance/a road map to what makes
General law enforcement cannot be forced on
v function.
�n efforts in St. Paul by insuring that it does
fee at $3.00 per transaction. Please take
Paul Martin
ney for Cash-N-Pawn, Ltd. and
� America Minnesota, LLC
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY
CODE PERTAINING TO PAWN SHOP TRANSACTION FEES
� The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
• That Fridley City Code, Chapter 1 l, Section 11.10, be hereby amended as follows:
31 Pawn Shops
Annual License fee $3,000
Monthly Transaction Fee — January 1, 2006
through December 31, 2008 $3.00 per transaction
Monthly Transaction Fee — After January 1, 2009 $1.50 per transaction
Reporting Failure Penalty — January 1, 2006
through December 31, 2008 $4.00 per transaction
Reporting Failure Penalty — After January 1, 2009 $2.50 per transaction
Investi ation Fee $400
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF , 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: November 7, 2005
Second Reading:
Publication:
63
.
�
�a�° Fridley Police Department
;
�p � Memorandum
�,
�
To: Bill Burns, City Manager ���
From: Don Abbott, Public Safety Director -
Date: December 1, 2005
Re: Pawn Shop Meeting 12-01-2005 _
Staff met with representatives of Pawn America and Cash-n-Pawn'this morning,
at the request of Alan Cross of Cash-n-Pawn. Mr. Cross was accompanied to
this meeting by Jack Hartsoe of Cash-n-Pawn and their attorney, John Martin.
Brad Rixman of Pawn America joined the meeting in progress: Present on behalf
of the City were Don Abbott, Fritz Knaak, Brian Weierke, Bob Rewitzer, and
Dave Prois.
The main #opic of discussion was the Ramsey County Court ruling denying a
petition by the City of St. Paul requesting summary judgment and dismissal of an
action brought against them by Cash-N-Pawn and Pawn America concerning St.
PauPs pawn transaction fee increase. The ruling denies St. PauPs request for
summary judgment and dismissal of the suit; it does not settle the matter in
anyone's favor. Representatives of the two pawn shops believe that the ruling in
the St. Paul case has bearing on Fridley's ordinance amendmenf raising the
transaction fee to cover the cost of a detective. They suggested that the City
delay implementing the transaction fee increase until the case in St. Paul is
resolved.
Basically, this ruling allows the suit to continue and even leaves available the
option for the City of St. Paul to provide additional information and again petition
for a summary judgment and dismissal. As referenced in Capt. Rewitzer's memo.
contained in the Council Packet for the October 17 Budget Work Session, The
St. Paul City Attorney assigned to the case told staff that the suit was very
specific to the wording of their ordinance and would not significantly impact
Fridley's proposal. In reviewing the order, the judge repeatedly cites conflicts
between their fee increase and their city ordinance (all references to Chapter 344
in the ruling relate to St. Paul City Code). St. Paul's ordinance narrowly defines
pawn transaction fees as reflecting the cost of processing transactions whereas
the Fridley Code is broader and does not conflict with our proposed fee increase. y
Mr. Knaak has reviewed the St. Paul ruling and believes it does not prevenf the �
City of Fridley from instituting our proposed fee increase, nor does it make doing
so inadvisable. Mr. Knaak cited specific statutory authority to charge reasonable
fees for regulatory services. The remainder of the approximately hour-long ,
meeting was comprised of other issues related to pawn regulation during the
meeting. This discussion included continued and further discussion of the issues
already presented during the first and second readings.
64
Following this meeting, staff met with City Attorney Knaak to further discuss our
ordinance. Mr. Knaak believes the St. Paul ruling is fairly specific to their case
and is related to the manner in which the City of St. Paul presented their
justification for their fee increase. Mr. Knaak expressed confidence in the City's
position and in the fact that we have established our need for a new and
� additional police detective position to regulate our pawn shops. Mr. Knaak is
prepared to provide additional supporting information and to answer questions
- from Council at the December 5 meeting.
65
� AGENDA ITEM
� CITY COUNCIL MEETING OF
°�TY °F December 5, 2005
FRIDLEY __
�
To: William W. Burns, City Manager ��
�
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Date: December 2, 2005
Re: First Reading of an Ordinance Amending Chapter 603 Intoxicating Liquor
pertaining to Food Sa1es
Due to the lack of ineeting the gross food sales at AMF Maples Lanes during the liquor
license renewal process, a public hearing was held on Apri125, 2005 for the City Council to
direct staff on the license. The City Council issued a license contingent on continuing the
public hearing for six months and requiring AMF Maples to Lanes to provide monthly
statements of food and liquor sales.
During the discussions with AMF Maple Lanes, they wanted to include vending machines
sales as food sa.les. Their attorney claimed the city code was vague on whether or not vending
machines sales could be included as food. In addition, it was found that the city can only
issues on-sale liquar licenses to hotels, restaurants and clubs because the city is in the
municipalliquor operation. Based on these discussions, staff prepaxed an ordinance requiring
bowling centers to have restaurants and amending the language to show that vending
machines sales is not included as gross food sales.
The public heaxing was continued previously during this meeting. Staff recommends holding
the first reading of the ordinance.
•.
Ordinance No.
AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY
CODE PERTAINING TO FOOD SALES
The City Council of the City of Fridley hereby finds, after review, examination and recommendation
of staff, that the Fridley City Code be hereby amended as follows:
That Chapter 603 of the Fridley City Code is hereby amended as follows:
Chapter 603. On-Sale Intoxicator Liquor
603.01. DEFINITIONS
1. Bowling Center
An establishment under the control of a single proprietor or manager, having a minimum of 201anes
for the sport of bowling and where, in consideration of payment therefore, the general public is
permitted to participate in the sport of bowling. Such establishment shall have a restaurant'�:�
� to serve meals and where, in consideration of payment therefore, meals are
regularly served at tables to the general public. Such establishment employs an adequate staff for the
usual and suitable service to its guests, and the business of bowling, including sale or rental of bowling
equipment and supplies, for a license year is a minimum of 60% of the total gross sales of the
business.
8. Restaurant.
Any establishment, other than a hotel or bowling center, under the control of a single proprietor or
manager, having kitchen and other facilities to serve meals and where, in consideration of payment
therefore, meals are regularly served at tables to the general public. Such establishment employs an
adequate staff for the usual and suitable service to its guests, and the business of serving food and/or
intoxicating liquors for a license year is a minimum of 40% of the total gross sales of the business.
Vendin� machines sales shall not be included as food sales revenue (Re£ 1172)
603.10. CONDITIONS OF LICENSE
18. A restaurant shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the
business for a license year is from the serving of food prepared on site and not from vendin�
machines. A hotel shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors a minimum of 40% of the
business for a license year is from the serving of food prepared on site and not from vendin�
machines. A bowling center shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the restaurant °^'° ^�� ^�' ^r�' ;r+^°;^^+;r�';^„^r° a minimum of 30%
of the gross sales of the food and liquor is from the serving of food prepared on site and not from
vendin� machines. (Re£ 1172)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY
OF 2005.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
�
�
CffY OF
FRIDLEY
DATE:
TO:
FROM:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 30, 2005
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
First Reading TA #OS-04 Shoreland Overlay District, Ch. 205.32 O-7
Background
As the City Council requested at the November 21, public hearing regarding the proposed Shoreland Overlay
District Ordinance, staff pressed further for DNR approval of the draft ordinance prior to the scheduled first
reading. The response we received yesterday from the DNR includes a request for many changes. Most of
these changes are minor, but one of these requests is unacceptable to staf£ We request added time to negotiate
an acceptable solution before proceeding with the first reading of the ordinance. Staff anticipates that these
changes can be resolved by the December 12, City Council meeting.
Recommendation
Staff recommends that the City Council hear a brief staff presentation for the benefit of the viewing public on
December 5, and table action on the first reading of the ordinance until December 12, 2005.
M-OS-161
Update on Status of Draft Shoreland Overlay
District Ordinance
December 2, 2005
To all property owners included in Fridley's proposed shoreland overlay district:
On November 21, 2005, the Fridley City Council held a public hearing regarding a proposed
shoreland overlay district. Many property owners responded to the earlier notice sent about this
proposed code change by attending the public hearing. At the end of the public hearing, it was
indicated that the City Council would likely hold the first reading of this proposed ordinance at
their December 5 meeting. However, the City Council indicated that they did not want to
proceed with the first reading of the ordinance until approvals had been given by the Department
of Natural Resources (DNR).
Over the past few days, staff has been working with the DNR to address some concerns the DNR
has about the draft ordinance, which they are not yet prepared to approve as written. There could
be changes to the draft that was presented at the November 21 public hearing, so we encourage
you to continue to follow the status of this ordinance if you have concerns about how it may
affect your property.
At this time, staff has recommended that the City Council delay the first reading of this
ordinance until their December 12 meeting. However, it is very possible that the first reading
may need to be further delayed until the City Council's following meeting on January 9, 2006.
Because it is very expensive for the City to notify you by mail regarding each step of this
ordinance's review process, we encourage you to go to the City's web site at
www.ci.fridle ..� and view the upcoming Council agendas prior to the meeting dates
mentioned above to see if the Shoreland Ordinance is on the agenda. You can also download all
of the written materials, including a revised version of the ordinance, as soon as it is posted
(usually the Friday night before the meeting). City Council agendas are also listed on the City
Cable Television Station, Channel 17. Of course, you are welcome to discuss the proposed
ordinance with staff at any time. Julie Jones, Planning Coordinator, is the key staff person
working on this item, and her direct line is (763) 572-3599.
Mailed: December 2, 2005
�
�
CffY OF
FRIQLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2005
November 30, 2005
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #05-04, Sprint PCS
M-05-153
INTRODUCTION
Mr. Edwards, who represents Sprint PCS, is requesting a special use permit to allow the
construction of a 125 ft. telecommunications tower on the industrial property owned by Don
Kasbohm, located at 8290 Main Street NE.
The proposed facility will consist of a 125 ft. galvanized self-support monopole tower, equipment
platform and related electronic equipment. The proposed facility will be contained in a fenced
in, 15 ft. by 30 ft. leased space on the north side of the industrial building, near the rear of the
property. Sprint PCS will initially install six transmit and receive antennas to the monopole
tower. Six additional antennas will be mounted on the tower at a later date. The proposed
tower is also being designed for at least two additional wireless carriers.
PLANNING COMMISSION RECOMMENDATION
At the November 16, 2005, Planning Commission meeting, a public hearing was held for SP
#05-04. After much discussion, the Planning Commission recommended denial of special use
permit, SP #05-04.
THE MOTION CARRIED ON A 5 TO 2 VOTE.
The Planning Commission inquired as to how many towers other communities have compared
to Fridley. Staff conducted a survey of the neighboring communities and the following table
shows the results of that survey. It important to note that the amount of towers located in a
particular city isn't based on land area, but where a particular city is geographically located.
Towers are constructed where there is demand. Fridley is situated along several major
roadways, a shopping center, and is one of the top industrial centers in Anoka County. All of
which contribute to the demands of cell users and towers.
City Number of Cell Towers
Blaine 3 (2 on water towers, 1 free standing)
Brooklyn Center 6 (All on water towers)
Brooklyn Park 7 (6 on water towers, 1 free standing)
Columbia Heights 5 (All on water towers)
� The Planning Commission also expressed interest in having the balloon test redone. Sprint had
arranged a balloon test, where a large balloon is flown 125" above the proposed site to allow
` staff to determine the potential visual impacts of the tower to surrounding property. It was an
extremely windy day when the test was done, so the test was invalid.
As requested, Sprint repeated the balloon test on November 30 on a calm day. There will be
visual impacts on views from the Nature Center, and staff will provide pictures to demonstrate
this at the Council meeting. Visibility of the tower has been a concern for nature photographers
at the Nature Center. Staff found that the tower was not visible from within Springbrook
Apartments property. However, the tower may be visible to residents living on the third floor.
Nature Center staff has also been concerned about the impact of the tower on bird migration
mortality. Sprint has responded to this concern with a different tower design. The alternative
design is a single tower shaft with no outward projecting elements. This design will also reduce
the visual impacts of the tower from the Nature Center.
PLANNING STAFF RECOMMENDATION
Planning staff continues to recommend approval of this SUP application. In response to
concerns expressed at the public hearing, the petitioner has proposed an alternative tower
design which lessens visual and potential bird mortality impacts to the Nature Center. While it
would be ideal to have no visual impacts for the Nature Center users, installation of a tower
near the Nature Center does resolve a safety issue for park users who currently do not have
cell phone coverage within most areas of the park if using Sprint as their service provider.
STIPULATIONS
Should the City Council choose to approve this special use permit, staff recommends the
following stipulations:
1. The property owner to meet all code requirements related to outdoor storage,
unlicensed/inoperable vehicles and screening prior to issuance of a building permit for the
telecommunications tower.
2. A landscape and screening plan shall be submitted and approved by City staff prior to
issuance of a building permit for the tower.
3. The color of the pole shall be "sky blue" or a similar color approved by staff.
4. The petitioner or successors shall install and maintain the proposed equipment so that it
blends into the surrounding environment.
5. A 20' drive aisle around the building shall remain clear of debris and vehicles for �re
equipment access and circulafion.
6. The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA).
7. The facility sha/l be designed to discourage unauthorized entry.
8. A building permit shall be obfained prior to commencement of insta/lation of any facility
equipment on this site.
71
9. No signs other than warning or equipment information signs are permitted as part of this
application.
10. Any future placemenf of antennae on the tower shall require review by the City to determine
if the equipment location requires additional stipulations or a revised special use permit.
11. The petitioner to provide the City with structural plans on how the tower will break apart in a
high wind event and will not fall over. (Code requires towers to collapse upon themselves
rather than tipping in extreme wind conditions).
12. The petitioner to provide the City with a soil report and footing analysis indicating that the •
existing soils and footings can support the tower. _
13. A grading and drainage plan shall be submitted and approved by City engineering staff prior
to issuance of a building permit for the tower, to alleviate existing storm water problems. '
14. Necessary storm water flow controls and curbing, as required in fhe M-3 code, will be
installed prior to issuance of a building permif for the telecommunications tower.
72
City of Fridley Land Use Application
SP #05-04 November 16, 2005
GENERAL INFORMATlON SPEClAL INFORMATION
Applicant:
Sprint PCS Don Kasbohm
Steve Edwards 6012 Berne Circle
501 50th Street West Edina MN 55436
Minneapolis MN 55436 _
Requested Action:
Special Use Permit to allow the
construction of 125 ft.
telecommunications tower.
Existing Zoning:
M-3 (Outdoor Intensive Heavy Industrial)
Location:
8290 Main Street
Size:
7.07 acres
Existing Land Use: .
Multi-tenant Industrial Building
Surrounding Land Use & Zoning:
N: Springbrook Nature Center & P
E: Multi-tenant Ind. Bldg. & M-2
S: Hilltop Trailer & M-3
W: Industrial Property & M-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.(7) requires a special
use permit to allow telecommunication
towers and wireless
telecommunications.
Zoning History:
Lot hasn't been platted.
1977 — Building constructed.
Many interior modifications have been
made to the building since 1977,
however there have been no additions.
Legal Description of Property:
THE N 233 FT OF SE1/4 OF NE1/4 OF
SEC 3 TWP 30 RGE 24, EX RD, SUBJ
TO EASE OF REC
Public Utilities:
Property is connected.
Transportation:
Main Street provides access to the
property.
Physical Characteristics
Lot consists of the building and parking
lot, and landscaping aiong Main Street.
3
SUMMARY OF PROJECT
Mr. Edwards, who represents Sprint PCS, is
requesting a special use permit to allow the
construction of a 125 ft. telecommunications
tower at the industrial property located at 8290
Main Street.
SUMMARY OF ANALYSIS
City Staff recommends approval of this speciaC
use permit.
City Staff recommends approval of this special
use permit request as telecommunications
towers are a permitted special use in the M-3,
Heavy Industrial District, subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — December 5, 2005
60 Day — December 12, 2005
Approximate location of Proposed CeIV Tower
Staff Report Prepared by: Stacy Stromberg
SP #05-04
REQUEST
Mr. Edwards, who represents Sprint PCS, is requesting a special use permit to allow the
construction of a 125 ft. telecommunications tower on the industrial property owned by Don
Kasbohm, located at 8290 Main Street NE.
r
The proposed facility will consist of a 125 ft. galvanized self-support monopole tower, equipment �
platform and related electronic equipment. The proposed facility will be contained in a fenced +
in, 15 ft. by 30 ft. leased space on the north side of the industrial building, near the rear of the
property. Sprint PCS will initially instalf six transmit and receive antennas to �the monopole
tower. Six additional antennas will be mounted on the tower at a later date. The proposed
tower is also being designed for at least two additional wireless carriers.
TELECOMMUNICATIONS ACT HISTORY �
In 1996, the federal government passed a new Telecommunications Act. This act affected
wired and wireless operations of telecommunication services, cable television, open video
systems, multi-channel video distribution, telephone, long distance, data transmission, cellular
phone, personal communication services (PCS), and direct broadcast satellites.
Over the past nine years the number of 75 ft. to 250 ft. mono-pole towers or lattice-type tower
structures has been on the rise in both the metro and rural locations across the state. The 1996
Telecommunications Act opened the door to a whole new wave of technology. Communities
have been required to recognize and accept the new technology. Cities do have the ability to
control the location of PCS towers, however, cities cannot take a position of "not in my city."
A typical PCS tower may have a'75 ft. to 125 ft. mono-pole structure. Ample ground area is
generally required to ailow the electronic contro! devices to exist beside the base of the tower.
A fence of some type surrounding the tower and the equipment is typically required. Some
users require very little encroachment on the land, beyond the pole itself. In this particular case,
Sprint is proposing a 15 ft. by 30 ft. area, with an eight foot cedar fence to surround and secure
the base of the tower and control devices.
TELECOMMUNICATION ACT'S IMPACT ON FRIDLEY
In December of 1996, the Fridley City Council established a moratorium temporarily prohibiting
the construction of new communication and antennae array. The moratorium establishment
allowed the City to take a comprehensive look at the impact of the 1996 Telecommunications
Act and establish acceptable antennae locations. With the moratorium in place, staff worked
with PCS consultants to get a clear understanding of the technology, issues, and to determine
how many antennae locations would likely be required to service the community.
As a result of the analysis, an approved site approach was approved. The City of Fridley now ,
has a series of approved sites for the installation of wireless telecommunication facilities. To
install a telecommunication tower in an industrially zoned area not on the "approved site" list, a
speciai use permit must first be obtained.
PROPERTY HISTORY AND ANALYSIS
Sprint PCS is proposing to locate the telecommunications tower at 8290 Main Street NE. The
subject property is zoned M-3, Outdoor Intensive Heavy Industrial, as are the properties to the
south and west. The Springbrook Nature Center is located directly north of the subject properly
and the property to the east is zoned, M-2, Heavy IndustriaL There is a 33 ft: easement
dedicated to the City that runs parallel along the north property line, abutting the Springbrook
74
Nature Center. This 33 ft. easement runs along the subject property's north property line and all
the way to the railroad tracks. The existing 88,000 sq. ft. (80 ft. by 1,100 ft.) building was
constructed in 1977. Several interior alterations have been made to the building since it was
constructed, however there have been no additions. While the building was being constructed
in 1977, the City Council approved a special use permit to allow a school for gymnastics and
exercise to exist in the industrial building. It isn't clear in the records if this use actually moved
into the building once it was constructed, and if it did, how long it remained at this location.
Cross-hatched area signifies 33ft
��� ��` ���u��
easement area
According to the building permit records, the current property owner, Mr. Kasbohm purchased
the property around 1982. This property has been involved is several code enforcement cases
since the early 1980's. If fact, there is at least a 2 inch file in the address file with all the
correspondence sent to this property related to different code violations. Most of the violations
pertain to inoperable/unlicensed vehicles, outdoor storage, and dumpster screening. In 1986
there was a citation issued to Mr. Kasbohm for storage of junk (inoperable/unlicensed) vehicles
and failure to provide screening of dumpsters and storage area from the public right-of-way.
This citation was dismissed based on the property owners signed statement that he would
resolve these issues. Ironically, these are the same code enforcement violations that we are
currently dealing with on this property and with the same property owner.
When this property was originally developed it was zoned M-2, Heavy Industrial. In late 1992,
the property was rezoned to M-3, Outdoor Intensive Heavy Industrial when the City council
approved the creation of this district. The intent of this new industrial district was to control the
location of outdoor intensive uses to assure compatibility with adjacent uses. The purpose was
to allow the location of trucking terminals and intensive outdoor uses. The properties in which
the M-3 zoning applied to are generally located between 79th and 83�d Avenues, the Railroad
and Main Street.
Prior to the creation of the M-3 zoning district, the M-2 zoning allowed outdoor storage as long
as it was screened from the public right-of-way. It also allowed vehicle storage but only in the
rear yard. As a result of this change in zoning from M-2 to M-3, the subject property is able to
continue to have outdoor storage, as long as it meets the specific requirements set forth in the
code. Those requirements are:
■ The materials and equipment shall be fully screened so as to not be visible from a
residential district, a public park, a public right-of-way, including a railroad right-of-
way, or any commercial use.
■ Screening of the outdoor storage area shall be achieved through a combination of
masonry walls, fencing, berming, and landscaping.
■ Materials and equipment stored outside must not exceed 15 ft. in height.
■ The outdoor storage of motorized vehicles must be on a city-approved hard
surface and bound on the perimeter by B-6-12 concrete curb and gutter.
■ Hazardous chemicals and materials are prohibited from being stored outside.
■ The location and types of materials to be stored are to be reviewed by the Fire
Marshal.
The property is currently in non-compliance for most of the above requirements for outdoor
storage. The outdoor storage that exists on the site is not screened, there are hazardous
chemical being stored outside and the property isn't surrounding by curbing. There are also
unlicensed/inoperable vehicles being stored on the property and unscreened dumpsters. As a
result of these non-compliances, stipulations will be placed on this special use permit request to
ensure that the property comes into compliance before a building permit for the
telecommunications tower is issued.
SPECIAL USE PERMIT ANALYSIS
The purpose of a special use permit is to provide the City with a reasonable degree of discretion
in determining the suitability of certain designated uses upon the general welfare, public health
and safety of the area in which it is located. The special use permit gives the City the ability to
place stipulations on the proposed use to eliminate negative impacts to surrounding properties.
The City also has the right to deny the special use permit request if impacts to surrounding
properties cannot be eliminated through stipulations.
As was stated earlier, the petitioner is requesting this special use permit to allow the
construction of a new 125 ft. telecommunications tower at 8290 Main Street. The subject
property is zoned M-3, Outdoor Intensive Heavy Industrial. Telecommunication towers are
allowed in the industrial district, but only with a special use permit. This telecommunication
tower is designed so it will withstand wind and ice loads as required by the Uniform Building
Code. In the event that the tower were to begin falling over, it is designed to break apart and
collapse on top of itself rather than tipping over.
Site Selection — The petitioner's Radio Frequency engineers have indicated that the location of
a tower in this geographic area or the immediate vicinity is crucial to link in with their existing
system. When the engineers started their initial search for tower locations, they identified the
existing T-Mobile tower, which is located on the Park Construction property at 30 81St Avenue.
City Code requires that the petitioner prove that a new site is necessary and that usable
Approved Sites are not located within a%2 mile radius of the proposed new site. The T-Mobile
tower is located approximately .348 miles from the proposed new tower site. There are two
towers located just beyond a%2 mile of the proposed site, one which is located at Talco
Industries at 7835 Main Street, and the other is located at Northtown Mall. Sprint's Radio
Frequency engineers have determined that if Sprint located their attennas on the T-Mobile tower
site, it wouldn't provide the adequate coverage needed in the areas they're looking to serve.
The proposed location would provide the adequate coverage needed for the Springbrook Nature
Center and the Northtown area (please see attached coverage maps). The petitioner has also
stated that the demands in this area exceed the ability for coverage using any of the
neighboring cell tower sites; thus the need for the construction of a new tower.
While the subject property isn't on the approved site list with the City for telecommunication
towers, it is located in an industrial district, which is allowed through a special use permit. Even
though the proposed location is in an industrial district, there still is a negative impact in that the
appearance of the tower will not be consistent with the surrounding area. Wth the Springbrook
Nature Center to the north and the Springbrook apartments to the northeast, appearance of a
telecommunications tower 125 ft. high, may become an issue. Therefore, city staff would
recommend approving the pole finish color prior to installation to ensure that the pole blends
with the surrounding environment as much as possible. The petitioner does intend to screen
the ground control equipment from the public right-of-way, with a solid cedar fence.
On November 9, 2005, Sprint PSC coordinated a balloon test on site at the property at 8290
Main Street to simulate the location and height of the proposed telecommunications tower. The
purpose of this test was to see how visible the proposed cell tower would be from the
Springbrook Nature Center and other surrounding properties. Due to strong winds, the balloon
test didn't give staff an accurate idea of how visible the proposed tower would be from
surrounding properties. Staff will contact the petitioner and recommend that an additional test,
be conducted prior to the City Council meeting on December 5, 2005, so staff can properly
identify additional stipulations, if needed.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request as telecommunication towers
are a permitted special use in the M-3, Outdoor Intensive Heavy Industrial zoning district,
provided that code requirements are meet related to outdoor storage of materials, equipment,
and vehicles, and subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. The property owner to meet all code requirements related to outdoor storage,
unlicensed/inoperable vehicles and screening prior to issuance of a building permit for the
telecommunications tower.
2. A landscape and screening plan shall be submitted and approved by City staff prior to
issuance of a building permit for the tower.
3. The color of the pole shall be "sky blue" or a similar color approved by staff.
4. The petitioner or successors shall install and maintain the proposed equipment so that it
blends into the surrounding environment.
5. A 20' drive aisle around the building shall remain clear of debris and vehicles for fire
equipment access and circulation.
6. The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA).
7. The facility shall be designed to discourage unauthorized entry.
8. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
9. No signs other than warning or equipment information signs are permitted as part of this
application.
10. Any future placement of antennae on the tower shall require review by the City to determine
if the equipment location requires additional stipulations or a revised special use permit.
11. The petitioner to provide the City with structural plans on how the tower will break apart in a
high wind event and will not fall over. (Code requires towers to collapse upon themselves
rather than tipping in extreme wind conditions).
12. The petitioner to provide the City with a soil report and footing analysis indicating that the
existing soils and footings can support the tower.
13. A grading and drainage plan shall be submitted and approved by City engineering staff prior
to issuance of a building permit for the tower, to alleviate existing storm water problems.
14. Necessary storm water flow controls and curbing, as required in the M-3 code, will be
installed prior to issuance of a building permit for the telecommunications tower.
City of Fridley Land Use Application
SP #05-04
GENERAL INFORMATION
Applicant:
Sprint PCS Don Kasbohm
Steve Edwards 6012 Berne Circle
501 50th Street West Edina MN 55436
Minneapolis MN 55436
Requested Action:
Special Use Permit to allow the
construction of 125 ft.
telecommunications tower.
Existing Zoning:
M-3 (Outdoor Intensive Heavy Industrial)
Location:
8290 Main Street
Size:
7.07 acres
Existing Land Use:
Multi-tenant Industrial Building
Surrounding Land Use & Zoning:
N: Springbrook Nature Center & P
E: Multi-tenant Ind. Bldg. & M-2
S: Hilltop Trailer & M-3
W: Industrial Property & M-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.(7) requires a special
use permit to allow telecommunication
towers and wireless
telecommunications.
Zoning History:
Lot hasn't been platted.
1977 — Building constructed.
Many interior modifications have been
made to the building since 1977,
however there have been no additions.
Legal Description of Property:
THE N 233 FT OF SE1/4 OF NE1/4 OF
SEC 3 TWP 30 RGE 24, EX RD, SUBJ
TO EASE OF REC
Public Utilities:
Property is connected.
Transportation:
Main Street provides access to the
property.
Physical Characteristics:
Lot consists of the building and parking
lot, and landscaping along Main Street.
November 16, 2005
SPECIAL INFORMATION
SU M MARY OF PROJECT
Mr. Edwards, who represents Sprint PCS, is
requesting a special use permit to allow the
construction of a 125 ft. telecommunications
tower at the industrial property located at 8290
Main Street.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit.
City Staff recommends approval of this special
use permit request as telecommunications
towers are a permitted special use in the M-3,
Heavy Industrial District, subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — December 5, 2005
60 Day — December 12, 2005
Approximate location of Proposed Cell Tower
Staff Report Prepared by: Stacy Stromberg
Coon Rapids 12 (11 on water towers, 1 on bldg.)
Fridley 10 (3 on water towers, 1 on bldg., 6 free standing)
Mounds View 4 (All on water towers)
New Brighton 3 (All on water towers)
Spring Lake Park 4 (All on water towers)
The Planning Commission also expressed interest in having the balloon test redone. Sprint had
arranged a balloon test, where a large balloon is flown 125" above the proposed site to allow
staff to determine the potential visual impacts of the tower to surrounding property. It was an
extremely windy day when the test was done, so the test was invalid.
As requested, Sprint repeated the balloon test on November 30 on a calm day. There will be
visual impacts on views from the Nature Center, and staff will provide pictures to demonstrate
this at the Council meeting. Visibility of the tower has been a concern for nature photographers
at the Nature Center. Staff found that the tower was not visible from within Springbrook
Apartments property. However, the tower may be visible to residents living on the third floor.
Nature Center staff has also been concerned about the impact of the tower on bird migration
mortality. Sprint has responded to this concern with a different tower design. The alternative
design is a single tower shaft with no outward projecting elements. This design will also reduce
the visual impacts of the tower from the Nature Center.
PLANNING STAFF RECOMMENDATION
Planning staff continues to recommend approval of this SUP application. In response to
concerns expressed at the public hearing, the petitioner has proposed an alternative tower
design which lessens visual and potential bird mortality impacts to the Nature Center. While it
would be ideal to have no visual impacts for the Nature Center users, installation of a tower near
the Nature Center does resolve a safety issue for park users who currently do not have cell
phone coverage within most areas of the park if using Sprint as their service provider.
STIPULATIONS
Should the City Council choose to approve this special use permit, staff recommends the
following stipulations:
1. The property owner to meet all code requirements related to outdoor storage,
unlicensed/inoperable vehicles and screening prior to issuance of a building permit for the
telecommunications tower.
2. A landscape and screening plan shall be submitted and approved by City staff prior to
issuance of a building permit for the tower.
3. The color of the pole shall be "sky blue" or a similar color approved by staff.
4. The petitioner or successors shall install and maintain the proposed equipment so that it
blends into the surrounding environment.
5. A 20' drive aisle around the building shall remain clear of debris and vehicles for fire
equipment access and circulation.
6. The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA).
7. The facility shall be designed to discourage unauthorized entry.
8. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
9. No signs other than warning or equipment information signs are permitted as part of this
application.
10. Any future placement of antennae on the tower shall require review by the City to determine
if the equipment location requires additional stipulations or a revised special use permit.
11. The petitioner to provide the City with structural plans on how the tower will break apart in a
high wind event and will not fall over. (Code requires towers to collapse upon themselves
rather than tipping in extreme wind conditions).
12. The petitioner to provide the City with a soi/ report and footing analysis indicating that the
existing soi/s and footings can support the tower.
13. A grading and drainage plan shall be submitted and approved by City engineering staff prior
to issuance of a building permit for the tower, to alleviate existing storm water problems.
14. Necessary storm water flow controls and curbing, as required in the M-3 code, will be
installed prior to issuance of a building permit for the telecommunications tower.
�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF DECEMBER 5, 2005
FRIDLEY
INFORMAL STATUS REPORTS