04/24/2006 - 6098�
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF APRIL 24, 2006
7:30 p.m. - City Couacil Chambers
Attendance Sheet
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FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006
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CfTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact
Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
BOARD OF APPEAL AND EQUALIZATION — 7:00 P.M.
Board,of Appeal and Equalization (Continued April 10, 2006).
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CITY COUNCIL MEETING ��,�;Q %�r�'��:i/ � a'� -r^
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APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES: � � � �%����
Board of Appeal and Equalization Meeting
of April 10, 2006
City Council Meeting of April 10, 2006
NEW BUSINESS:
1. First Reading of an Ordinance Amending
Chapter 4, Absentee Ballot Precinct Elections,
of the Fridley City Code ..................... 1— 3
2. Appointment — City Employees .......... 4
3. Claims ................................... 5
ADOPTION OF AGENDA. S .,.n.J.l � � �� � �„
OPEN FORUM (VISITORS): Consideration of Items
not on Agenda —15 Minutes � �
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PUBLIC HEARING: �� g� �� �� S�
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5. Consideration of the On-Sale Intoxicating
Liquor License and Subordinate
� Licenses for R.D. Properties, Inc., dba Sharx
Sports Bar and Nightclub, Located at
3720 East River Road N.E. (Continued April 10,
2006) (Ward 3) .................................10
NEW BUSINESS:
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7.
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9.
4. Licenses ................................... 6 - 9
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C'�.o Se-�. : �F��,e B /� � /k
First Reading of an Ordinance Repealing
Chapter 105 of the Fridley City Code
Pertaining to Landscape
Maintenance .................................. 11 -1
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Special Use Permit Request, SP �6-03,
by Greg Asproth, Two Stooges Bar and Grill,
to Allow an Elect�onic Changeable Message Sign
to be Located on the Building at 7178
University Avenue N.E. (Ward 3) ...... 17 — 21
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Resolution Authorizing Application for the Tax
Base Revitalization Account .............. 22 — 25 ,��
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Informal Status Reports ..................... 26
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ADJOURN. �� ° D � ��
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� CITY COUNCIL MEETING OF APRIL 24, 2006
CffY OF
FRIDLEI'
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.
BOARD OF APPEAL AND EQUALIZATION — 7:00 P.M.
Board of Appeal and Equalization (Continued April 10, 2006).
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of April 10, 2006
City Council Meeting of April 10, 2006
NEW BUSINESS:
1. First Reading of an Ordinance Amending
Chapter 4, Absentee Ballot Precinct Elections,
of the Fridley City Code ..................................................................................... 1— 3
2. Appointment — City Employees .......................................................................... 4
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Claims ....................................................................................................... 5
4. Licenses ....................................................................................................... 6 - 9
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARING:
5. Consideration of the On-Sale Intoxicating
Liquor License and Subordinate
Licenses for R.D. Properties, Inc., dba Sharx
Sports Bar and Nightclub, Located at
3720 East River Road N.E. (Continued April 10,
2006) (Ward 3) .................................................................................................... 10
NEW BUSINESS:
6. First Reading of an Ordinance Repealing
Chapter 105 of the Fridley City Code
Pertaining to Landscape Maintenance .............................................................. 11 — 16
7. Special Use Permit Request, SP #06-03,
by Greg Asproth, Two Stooges Bar and Grill,
to Allow an Electronic Changeable Message Sign
to be Located on the Building at 7178
University Avenue N.E. (Ward 3) ....................................................................... 17 — 21
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 3
NEW BUSINESS (CONTINUED):
8. Resolution Authorizing Application for the Tax
Base Revitalization Account .............................................................................. 22 — 25
Informal Status Reports ..................................................................................... 26
ADJOURN.
BOARD OF APPEAL AND EQUALIZATION
CITY OF FRIDLEY
APRIL 10, 2006
The Board of Appeal and Equalization for the City of Fridley was called to order by Mayor Lund
at 7:02 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Mary Smith, City Assessor
Lynn Krachmer, City Appraiser
Fritz Knaak, City Attorney
Mary M. Smith, City Assessor, stated this meeting is held in accordance with Minn. Stat.
§274.01. The purpose of the Board is to establish an orderly and consistent appeal procedure for
property owners who want to contest the 2006 estimated market value or classification of their
property. As the Board, the City Council has the ability to change values or classifications in
order with State law. The Board has three possible courses of action that can be taken on each
case: to affirm, reduce, or increase the current value based on information presented. If upon
reaching a decision, the property owner feels the Board did not resolve their concerns they may
bring their case to the County Board of Appeal and Equalization which is on June 19.
Ms. Smith said that pursuant to Minnesota State Statutes, it is necessary to have a majority of
Council members in attendance to have a quorum. Beginning in 2006 and each year thereafter,
there must be at least one member at each meeting of the local Board of Appeal and Equalization
who has attended an appeal and equalization course developed or approved by the commissioner
within the last four years as certified by the commissioner. The Board shall see that all taxable
property is properly valued and classified. If property is omitted, it may be added by the Board.
The Board cannot give a class of property an increase or decrease. It may only increase or
decrease an individual property. The Board must hear cases for the current assessment year. As
the Board makes reductions to individual properties, the amount of the reduction cannot exceed 1
percent of the citywide aggregate assessment. If the Board finds a case of under valuation, it
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 2
may raise the valuation of the property, but it must first notify the property owner. The Board
must complete and adjourn within 20 days from the time it convened.
Ms. Smith stated the procedures for the Fridley Board of Appeal and Equalization are as follows:
each property owner appearing will complete the property appeals form and give it to the
assessment staf£ Each property owner may address the Board in order of registration. Written
appeals will be read at the meeting. The Board may direct the assessing staff to reappraise any
property and report back to the Board at a reconvened meeting. The Board compares the
information presented by the assessors to the information presented by the property owner and
makes a determination of actual fair market value. The Board may not make a property
adjustment or classification change that would benefit a property in cases where the owner or
other person having control over the property will not permit the assessor to inspect the interior
of the property or any buildings or structures.
Ms. Smith stated to sum up the assessing year of 2005, there were 429 sales that occurred in
Fridley from October 1, 2004, through September 30, 2005. Of this number, 408 were single-
family homes, townhomes, and double bungalows, along with 21 condominium sales. These
sales indicated a decrease in our overall ratio which takes into account the selling price and
estimated market value. In order to raise the sales ratio to the required level, countywide
increases of 5-10 percent to structure values took place. Land values for the most part held to
last year's values. Those properties with water frontage experienced a large increase. These
changes brought our overall median ratio to 94.7.
Ms. Smith went through the market analysis on one of the appeals received by a property owner.
The name of the property owner is Sammy Ahmed and the property is located at 5683 West
Bavarian Pass. The property is a townhome and it was viewed by staff in April 2005. It is a
split-foyer townhome with 798 square feet on the main floor and lower-level finishing of 718
square feet. Located on the lower level is a family room, bedroom, fireplace, and e�tra bath. It
is in average condition. This property was found to have had a new furnace, air conditioner, and
hot water heater installed in 2005. This would not tend to increase the estimated market value;
however, it may contribute to a higher selling price. Assessing staff prepared a sales comparison
of the property using three sales that occurred in this area during 2005. The following sales were
chosen as comparable to the subject's and required only minor adjustments to make them
similar. (1) 5652 West Bavarian Pass listed and sold for $169,900 in April 2005. This property
is a split-foyer townhome consisting of 798 square feet. According to the listing information this
unit had some cosmetic updating to include carpeting and interior painting. This unit appears to
be in average condition and was last inspected in September 2003 by staff; (2) 5625 West
Bavarian Pass sold for $180,900 in October 2005. This property is a split-foyer townhome
consisting of 796 square feet. This unit has had some updating and is in above-average
condition. This unit was last inspected in September 2003 by staff; and (3) 5624 West Bavarian
Pass listed for $174,900 and sold for $175,000 in March 2005. This property is a split-foyer
townhome consisting of 798 square feet. This unit has had some updating and is in average
condition. This unit was last inspected in October 2003 by staff. They made the following
adjustments to these comparables: time adjustments to allow for the January 2, 2006, assessment
date. Other adjustments were made for differences to basement finishing, deck age and size.
The average value determined after adjustments was $177,900. It is the recommendation of the
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 3
assessor that, after reviewing the sales of similar properties and applying the sales comparison
approach to value, that the 2006 estimated market value for PIN #24-30-24-41-0204 at 5683
West Bavarian Pass remain the same at the established value of $170,500.
Sammy Ahmed, 5683 West Bavarian Pass, approached and stated his furnace was replaced
more than seven years ago. He brought up additional closing costs, necessary improvements,
real estate agent's fee and other costs associated with purchasing a home when considering the
listing amount. He wanted the assessor to not only look at the number but what the seller has to
do in order to sell his house.
Mayor Lund said he understands that Mr. Ahmed wants them to give a lower valuation of his
property because of the costs to update his house and the commission he may pay a realtor. He
does not want to pay the tax on what the property is valued at but what he ends up with in his
pocket. He said that is not the way properties are valued. He asked if the inside of the home was
viewed.
Ms. Smith said it was.
Mayor Lund stated so they do take into consideration things that may be a devaluation such as
bad carpet.
Ms. Smith replied they look at carpeting, etc., but because it can be replaced so inexpensively,
they do not put a dollar value on it. They call the floors carpeted or hardwood.
Mayor Lund stated according to the comparisons before him they go higher and lower so they
have taken a median.
Mr. Ahmed stated he talked to a real estate agent and she said no way she could sell his house
for $175,000.
Mayor Lund asked what the agent said she would list the house for.
Mr. Ahmed stated with some improvements, $150,000.
Mayor Lund replied that would be extremely low in that same neighborhood according to the
comparables.
Mr. Ahmed stated those high prices were from two years ago and real estate has gone down. He
sees a lot of "For Sale" signs and no buyers.
Councilmember Bolkcom stated she recalled he came last year and they suggested that he have
his house appraised by a certified appraiser. Also, one of the houses sold in October of last year.
Mr. Ahmed stated if they looked at the other houses, they would see a big, big difference. He
lived in his house for 12 years and he did not do anything but replace the furnace which was
more than 7 years ago.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 4
Councilmember Wolfe stated he thinks that is a very valid point for him to get an appraiser, not
a real estate agent, and have them do an appraisal and provide that to Mary Smith.
Mayor Lund asked how many times the City physically looked at this property in the last 12
years.
Ms. Smith stated they viewed it in 1991, 1995, 1999, and 1987.
Mayor Lund asked if there was any documentation about any improvements.
Dr. Burns stated regarding the ratios they have to maintain are mandated by State law and the
City really does not have a choice.
Ms. Smith stated the ratio has to be between 90 and 105 percent according to the State. What
that is saying is our estimated market value to selling price has to be that. If we do not make the
increases to bring our ratio up to that, the State will blanket a 5-10 percent increase across the
board on properties. The City has no choice but to comply with the State statutes.
Mr. Ahmed stated he did not understand what she was saying.
Mayor Lund suggested that Mr. Ahmed meet with Ms. Smith to discuss this.
Ms. Smith stated their suggestion for Mr. Ahmed's property is to keep the value the same at
$170,500. She suggested it may take some time for Mr. Ahmed to obtain an appraisal, and he
could take it onto the County Board of Appeal and Equalization if Council affirmed the value.
Mayor Lund explained to Mr. Ahmed that if the appraisal comes in lower than what the City
Assessor is saying, he can take that appraisal to the County Board of Appeal and Equalization
meeting and appeal to them.
MOTION by Councilmember Wolfe to affirm the valuation of the property at $170,500.
Seconded by councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Smith asked that it be entered into the record that staff received a letter dated March 27,
2006, sent to the Board of Appeal and Equalization from Richard Harris regarding the 2006
estimated market value placed on the following properties: 7710 Main Street (Industrial), 13-17
77tn Avenue NE (Industrial), and 6200 Riverview Terrace (Residential). Mr. Harris is unable to
attend tonight's meeting and would like to have the opportunity to have his case heard. By
sending this letter, Mr. Harris has the option of taking his case to the County Board of Appeal
and Equalization. The values on each of the industrial properties are as follows:
7710 Main Street NE: $963,500 (industrial flex type building)
13-17 77th Avenue NE: $809,700 (also an industrial flex type building)
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 5
Ms. Smith stated she has not received any information from Mr. Harris to support lowering the
value on either of these industrial properties. It is staff's recommendation at this time to affirm
the 2006 estimated market value to give the property owner the opportunity to take his grievance
to the County Board of Appeal and Equalization.
MOTION by Councilmember Bolkcom to affirm the values at 7710 Main Street and 13-17 77tn
Avenue NE. Seconded by Councilmember Barnette.
Councilmember Billings stated in Mr. Harris' letter he asked that discussion regarding the
properties is held off until their meeting on April 24, which is actually the continuation meeting.
The meeting tonight is to hear the grievance of the property owner and give staff the opportunity
in the intervening time period to take a look at the properties and determine if the facts presented
are either justifiable or unjustifiable. Since they were not able to get the information, they would
not have an opportunity to review the information and view the properties prior to the next
meeting. Accordingly, they affirmed the value so that Mr. Harris will have an opportunity to
make a full presentation to the County in June. He asked that staff send a letter to Mr. Harris.
Councilmember Billings asked that the letter from Mr. Harris dated March 27, 2006, be entered
into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTIONS CARRIED UNANIMOUSLY.
Ms. Smith stated the last property mentioned by Mr. Harris is his single-family home located at
6200 Riverview Terrace. The 2006 estimated market value for this home is $397,300. This
property is located on the Mississippi River. It was last viewed by staff in July 2005 and it
consists of a rambler that is 1,625 square feet with a full walkout basement. It is in good
condition, having been built in 1966. Staff has compared this property to four sales of riverfront
properties during 2005: (1) 169 Hartman Circle sold for $376,000 in October 2004. This
property is a rambler and full basement consisting of 1,530 square feet. This property was last
seen by staff in June 2005; (2) 173 Hartman Circle sold for $405,000 in May 2005. This
property is a rambler and full basement consisting of 1,486 square feet. This property was last
seen by staff in June 2005; (3) 165 Hartman Circle sold for $375,000 in June 2005. This
property is a rambler and full basement consisting of 1,395 square feet. Staff was unable to view
this property during the last assessment; (4) 219 Logan Parkway sold for $437,500 in December
2005. This property is a rambler and full basement consisting of 2,440 square feet. This
property was vacant during their last reassessment. The average value determined after
adjustments were made to the comparables was $430,400. It is staff's recommendation that after
reviewing sales of similar properties and applying the sales comparison approach to value, that
the 2006 estimated market value for PIN #15-30-24-43-0039, 6200 Riverview Terrace, remain
the same at the established value of $397,300.
MOTION by Councilmember Bolkcom to affirm the valuation of 6200 Riverview Terrace at
$397,300. Seconded by Councilmember Wolfe.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Smith stated the next property is located at 7701 Main Street. This is a newly-sold property
and Warren Stock is the owner. This property was just purchased from Mr. Harris on January 3,
2006. Staff spoke to the new owner on March 14, 2006. At that time Mr. Stock stated he would
provide them with an appraisal done on the property. To date they have not yet received any
information. It is staff's recommendation at this time to affirm the 2006 estimated market value.
This would give the property owner the opportunity to take his grievance to the County Board of
Appeal and Equalization.
Mayor Lund asked Mr. Stock if he had the opportunity to get an appraisal.
Mr. Stock said he brought the purchase agreement for the property and the closing statement and
the certificate of real estate value.
Mayor Lund asked Ms. Smith if she had seen copies of any of these documents.
Ms. Smith stated she had. She called Mr. Stock regarding the Certificate of Real Estate Value
that she received and asked questions and verified the sale to make sure what the conditions
were. At that time he had said that the appraisal came in at more and they agreed upon $40 a
square foot and then they subtracted the deferred maintenance and that would be the determining
price of the property. At $40 a square foot, that would equate to $768,000. He actually paid
$735,000 for the property which comes down to $38.28 a square foot. This is a 19,200 square
foot building. All industrial buildings under 20,000 square feet throughout Fridley this past year
saw increases on the structure alone of 16 percent.
Councilmember Billings asked what the reason for the increase was.
Ms. Smith replied the sales countywide have come in at that. They needed to have increases
across the board to get those values up because the smaller-type buildings are what have been
selling.
Councilmember Billings asked if she had any comparables in Fridley.
Ms. Smith replied after investigating she has found that there were two sales in that area. One
was a steel building on Elm Street that sold for $68. This building consists of 9,000 square feet.
There was another sale of property on Beech Street that occurred back in December of 2003. It
is a little dated but industrial sales sometimes are hard to come by in the same vicinity. This
10,500 square foot building sold for $59.05 a square foot and was built in 1969.
Councilmember Billings asked about other sales in the City of Fridley of buildings this size.
Ms. Smith replied there was one building by Dairy Queen.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 7
Councilmember Billings stated while he agrees that the County has an obligation to equalize the
tax base, he also understands that the general procedure is to go through the entire county and
jack up numbers unless their sales figure justify it. He said they need to make sure that the
values they have in Fridley are comparable to the sales in Fridley. He asked Mr. Stock how they
came up with $40 a foot.
Mr. Stock stated Mr. Harris was asking $40. He paid a little less than that. They took a look at
the condition of the building and what leases were there and compromised. He thought it was a
fair price. For what they get in rent and for the taxes it is not very much of a margin for what
they have to do to improve the building. He has lived in Fridley for 20 years, he likes the City,
and there was an opportunity to buy a building here.
Commissioner Billings asked if the commercial industrial buildings are strictly appraised on
comparables or if they are ever valued on the basis of the income and reconstruction costs.
Ms. Smith replied all three ways.
Commissioner Billings asked if it would make any sense to try and work together for the ne�t
couple of weeks and see if they can come to an agreement or if they would rather accept the
value and pass it onto the County.
Mr. Stock stated this is the first building he has owned so he would go with whatever they think
is best.
Commissioner Bolkcom said maybe Ms. Smith could look at some comparables. She stated if
he did not mind coming back in two weeks, she suggested they table this.
MOTION by Councilmember Bolkcom to table this item until the next meeting on April 24,
2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Smith asked that a letter be entered into the record from Mr. Paul Schultz who owns
property in the northern industrial area.
Councilmember Billings asked if he was questioning the valuation of a particular piece of
property.
Ms. Smith stated he was talking about taxes throughout the whole letter and has a spreadsheet
on the back. He addressed the letter to the local Board.
MOTION by Councilmember Billings to enter the letter from Mr. Paul Schultz into the record.
Seconded by Councilmember Barnette.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 8
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Tim Hoglund stated he owns Property ID#15-30-24-43-0075 located at 148 River Edge Way
and it is his homestead. The 2005 estimate is at $266,000 which is questionable but in 2006, it
went to $337,500, which is over $60,000 in one year. He felt that was extraordinary in this area.
Even though City staff had recently gone through it, he thought his house is very non-
conforming and has a history of hard sales in the past. An appraisal might come close to the
numbers the City has given; however, he thinks he would not be able to sell it. He would
suggest it be lowered to $278,000.
Councilmember Billings asked if he had discussed this matter with City staff.
Mr. Hoglund said he had made one telephone call.
Councilmember Billings explained how the procedure normally works and asked of Mr.
Hoglund could meet with staff and see if they can come up with a value that they can agree on.
Mr. Hoglund stated he would be happy to meet with staf£ He also finds that the use of this
property has been greatly restricted now. There is another Overlay District, so changes that he
would want made to this property would be difficult because of the front line and because of the
bluff line and because of where the river is. Most of his property is unbuildable and unusable.
Mayor Lund asked when staff last looked at the properry.
Ms. Smith replied they were in that area this past summer.
Mark Sims, approached regarding his property at 1567 Ferndale Avenue NE.
Councilmember Billings explained that they would like Mr. Sims to work with City staff.
Lynn Krachmer, City Appraiser, stated he did look at that property last year.
Mr. Sims said he purchased this property on December 31, 2004. His house is a split entry that
was built in 1974. The foundation size is 880 square feet and the finished footage is 1,410.
There are two bedrooms and two bathrooms, a lower-level family room; and a home office. The
list price was $169,900 and was listed on October 22, 2004. They purchased it for $168,000
which is 98.9 percent of the asking price. He stated this is a distressed property. It sold at its
true value at $168,000. When they purchased it, the taxable market value was $156,900. After
12 months of ownership, the estimated market value has been increased by the City Assessor by
6.6 percent. After a 16-month period of ownership, it has been increased by 21.3 percent.
Mr. Sims said the property was inspected by Mr. Krachmer last year, and that was the first time
it had been inspected in 10 years. The property was automatically advanced in value. It is his
contention that the value is too high. He said he has comparables to show them as evidence. He
referred to the handout and stated they could see the adjustments that he has made based on the
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 9
City Appraiser's suggestion for the value of different items like bedrooms, garage space, square
footage, new roof, things like that. The estimated market value is supposed to represent what
you can reasonably expect to sell the properry for. They bought the property 16 months ago for
$168,000. They have not been able to make any improvements other than painting the living
room and putting on a new layer of attic insulation. So they spent the last 16 months cleaning up
this property. They have gotten rid of over 30 cubic yards of debris that was left on the property
and he can show receipts for that. Using the comparable method, subtracting the adjustments,
the average increase for the comparables is 5.3 percent which would the value of that property
$165,000. He would request that they lower the estimated market value.
Councilmember Billings asked how he came up with $165,000.
Mr. Sims replied comparing the property to the comparable properties that he has before them
and making adjustments based on the number of rooms, square feet, the value of those items that
are suggested by a fee appraiser.
Councilmember Billings commented in this state generally speaking, appraisers do not diminish
value based on maintenance neglect. He indicated the property was in a state of disrepair. The
State usually does not allow appraisers to make reductions in value that are based strictly on
neglect. He stated they would pass the comparables from Mr. Sims on to staff, who would be in
touch with him.
MOTION by Councilmember Billings to table this item until the next meeting on April 24,
2006. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
AT THIS TIME THE MEETING WAS TAKEN OVER BY COUNCILMEMBER
BARNETTE AS MAYOR PRO TEM.
Mayor Lund approached and asked for a review of his commercial industrial valuation. He
respectfully asked that the Board affirm the valuation the staff has given him and allow him to go
to the County to plead his case.
Councilmember Bolkcom asked for the record what the address of the property was.
Mayor Lund replied, 1175 — 73 '/z Avenue NE.
Councilmember Billings respectfully requested that they affirm the valuation by the City
Assessor's Office and allow the Mayor to go to the County. If Council took action, he thought it
could potentially be viewed as a conflict of interest.
MOTION by Councilmember Billings to affirm the valuation. Seconded by Councilmember
Bolkcom.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 10, 2006 PAGE 10
UPON A VOICE VOTE, MAYOR PRO TEM BARNETTE, COUNCILMEMBER
BILLINGS, COUNCILMEMBER WOLFE, AND COUNCILMEMBER BOLKCOM
VOTING AYE, MAYOR LUND ABSTAINING, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to continue Board of Appeal and Equalization until
April 24, 2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 10, 2006
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 8:14 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Jon Haukaas, Director of Public Works
Donovan Abbott, Director of Public Safety
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 27, 2006
APPROVED.
NEW BUSINESS:
1. Approve Change Order No. 1 to Locke Park Water Treatment Plant Improvements.
William Burns, City Manager, stated the changes recommended by our contractor, Maertens-
Brenny. They include the following: prefinished metal flashing, $1,265; cleaning brick, $1,533;
filling holes in the building, $3,237; and caulking vertical joints, $1,816. The total cost of these
items is $7,751. Staff recommends Council's approval of the change order.
APPROVED.
2. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Blaine Jaycees at the Fridley Crab House Music Cafe, Located at 6161
Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated this is a two-year permit that would run between July 1, 2006,
and June 30, 2008. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 2
ADOPTED RESOLUTION NO. 2006-23.
3. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for the Church of the Immaculate Conception Located at the Knights of
Columbus, 6831 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated this is a renewal that runs from July 1, 2006, to June 30, 2008.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-24.
4. Award Proposal for the Design, Installation and Purchase of Digital Video
Equipment for the City Council Chambers and Control Room.
Dr. Burns, City Manager, stated they advertised proposals on February 2, 2006. Six companies
made site visits, and two companies submitted proposals. Since both the proposals are very
similar, they are recommending the company that submitted the lowest quote. The company is
Alpha Video of Edina, Minnesota, in the amount of $137,751.48. The new digital switching,
recording, and editing equipment replaces analog equipment that is at least 8 years old and, in
most cases, more than 15 years old. The funding for this equipment is an equipment grant that
was made available by Time Warner through the negotiation of our cable franchise agreement
last year. Installation of the equipment will take about one week and will occur in late May or
early June. The amount of $155,000 has been budgeted for this purpose. Staff recommends
Council's approval. Staff is also asking Council's approval to purchase a digital waveform
vector scope for an additional $4,020. This item is used to provide technical studies for cameras
and other equipment.
AWARDED PROPOSAL TO ALPHA VIDEO.
5. Approve Liquor License Renewals.
Dr. Burns, City Manager, stated the liquor license renewals have been reviewed for compliance
with the City's food-to-liquor ratio. The Fridley Police Department has also provided data on
police calls to these establishments. Having conducted these reviews, they are asking them to
take a separate look at the application by Arden Properties, d/b/a Sha�. Also, since the owners
of the Fridley Crab House and Music Cafe have not had their food-to-liquor ratio verified by a
CPA, they are recommending their license renewal be tabled pending the submittal of the
appropriate documentation. They are recommending approval of the liquor licenses of the other
businesses.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Appointment - City Employee
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 3
Dr. Burns, City Manager, staff recommends the appointment of Daniel Belair to the position of
Engineering Technician II. The City is reinstating this position after going several years with a
contract construction inspector. At the same time, the City is combining the operations analyst
position formerly held by Bob Nordahl and the secretarial position formerly held by Char
Zimmerman.
APPROVED.
7. Claims (126047 - 126240).
APPROVED.
8. Licenses.
APPROVED.
9. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Shank Constructors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Upgrade
Proj ect No. 3 57
Estimate No. 6 ..........................................$175,336.00
Maertens-Brenny Construction Company
8251 Main Street N.E.
Fridley, MN 55432
Locke Park Water Treatment Plant Improvements
Estimate No. 1 ..........................................$ 12,350.00
ADOPTION OF AGENDA:
Councilmember Bolkcom asked that Item 5 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item 5. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 4
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 5.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Approve Liquor License Renewals.
MOTION by Councilmember Billings to approve the liquor licenses with the exception of
Fridley Crab House & Music Cafe. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
No items presented.
PUBLIC HEARING:
1. Public Hearing on the Revocation of the On-Sale Intoxicating Liquor License and
Subordinate Licenses for R.D. Properties, Inc., dba Sharx Sports Bar and
Nightclub, Located at 3720 East River Road N.E. (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:27 P.M.
Brad Martinson, attorney for Sha� Sports Bar and Nightclub, approached and stated on behalf
of the licensee, they have reviewed the presentation and the licensee is prepared to close the
nightclub. The licensee would like to be permitted to retain the license for the sports bar and be
allowed to operate the sports bar. The presentation that staff has put together is very compelling.
Public safety is certainly an issue here and Mr. DeFoe has no interest in taking an adversarial
role with staff, the City, or Council. He suggested that rather than go ahead with the public
hearing on the revocation, the revocation hearing be continued for period of time to allow the
licensee to operate the sports bar and determine whether it satisfies the concerns of the Police
Department and staff.
Mayor Lund said he thought they have to put into the public record the reasons for putting
restrictions on the license.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 5
Mr. Martinson said they were asking that the public hearing be continued for an agreed upon
period of time to allow licensee to run the sports bar. If the operation of a sports bar is still not in
conformity with what the City desires, then they would be back for the public hearing. They are
not really asking for any additional conditions. They are simply asking that they be allowed to
voluntarily close the nightclub and not open it until Mr. DeFoe has had an agreement with staff.
Councilmember Billings stated he does not have a lot of background information. That is the
reason for the public hearing. The fact of the matter is, however, after being on the City Council
for 19 years, he has a little idea how of how City staff works. They would not be here today if
there had not been what staff considers to be some serious problems. Before they respond to that
and actually get into the documentation portion of the presentation, he would just like to ask the
City's Public Safety Director if he thinks licensee's proposal is an acceptable alternative to the
public hearing.
Donovan Abbott, Director of Public Safety, stated he would not support that type of
arrangement at this time, because it would be difficult for the City to monitor any type of
compliance or adherence to the agreement.
Councilmember Bolkcom asked if he had discussed this beforehand with Mr. Martinson.
Mr. Abbott stated this is the not the first time he has heard of this. Attorney Martinson
communicated similar thoughts to City Attorney Knaak on Friday. He said he had a telephone
conversation with Mr. DeFoe and they discussed this option. He said the notice went out ten
days prior to tonight's hearing.
William Burns, City Manager, stated this is not the first time they have dealt with Sha�
ownership regarding problems. There have been meetings and opportunities to propose different
solutions. Resolution of the problems has not occurred.
Director Abbott said they have had several communications and meetings during the past year.
Fritz Knaak, City Attorney, said the City Council has considerable discretion in conducting
hearings like this and they could in fact continue it. The question he has was whether they could
impose an additional condition or modify the existing restrictions on a license without a hearing.
He is not sure they could do that and just follow a gentleman's agreement. They have some
exposure based on the fact that, although a record has not yet been opened on the public hearing,
there are some public safety issues that Attorney Martinson referenced and understood from their
own review of the Council packet. Knowing that and allowing the conditions to continue
without some kind of restriction or reassurance or something concrete from the owner might be
problematic if something happened there. Those are issues they need to be aware of. He
believed that unless there is some kind of informal agreement, technically they cannot impose
those conditions without some kind of a hearing.
Attorney Martinson replied that if the concern is part of a record, one of the things they could
do is stipulate to the admission of staff's packet. They could open the record, submit the written
presentation that appears on the website and, as part of the record, he would have a written
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 6
response to that. He thinks they could stipulate in public that it is doable with the licensee to
impose the restrictions, and they would agree to abide by them if the restrictions are valid and
they would agree that they do not have to start all over with the public hearing. They already
have the record here. They are prepared to enter into a stipulation on the record. This is a public
hearing, that means it is an open record, it would have the same force as a stipulation in court, as
far as he can tell under the APA (Administrative Procedure Act). They can certainly stipulate in
the findings and so forth and this hearing is being conducted under the APA. He did not see any
reason legally why they could not create a binding, enforceable agreement.
Attorney Knaak stated he has had the benefit of review of much of the information that would
be presented at the public hearing tonight. Mr. Martinson is arguing that they should be
stipulating original responses sight unseen. He is assuming that those responses are expressing
disagreement with some of what is being said and what he expects will be stated as fact by the
Public Safety Department. That might be problematic.
Attorney Martinson replied it really would not make any difference if the agreement was that if
they violate the terms of the stipulation, that the license gets revoked. They are proposing to stay
open as a sports bar and if they continue to have the same problems, the license is revoked.
Mayor Lund asked Attorney Knaak asked if this would be a problem.
Attorney Knaak stated they are agreeing to stipulate to the testimony that they know is coming
in. They are asking the Council to also accept into the record, their written response. Council
could do that, but there might be some information that the City might wish to rebut and not
want to have on the record.
Mayor Lund stated he is concerned that if there is a public safety problem, there might be come
liability on the City's part for not taking action. The City wants compliance, but also, a certain
amount of time has to be given to them to attempt that.
Councilmember Bolkcom stated she is concerned because this is not a new problem. What she
has seen so far is a lot of police time and City expense already put into it, and it seems to her
they would still have to continue that. She does not know if just closing the night club is enough.
She could not say anything without having any discussion with the Police Department that she is
okay with just closing the night club at this point. If this had happened two weeks ago and the
Police Department had more time to meet with Mr. DeFoe, she would be okay with it.
Attorney Martinson responded and stated Mr. Defoe and his staff did meet with the Police
Department three weeks ago. The response from the City at that time was the notice of
revocation which they got ten days ago. He did not mean in any way, shape or form to minimize
the concerns of the Police Department. Mr. DeFoe is equally as concerned. He does not want to
run a nightclub that has police scrutiny and the problems that have existed there. The sports bar
is a whole different story. He would guess that hardly any of the police calls have anything to do
with the sports bar. The sports bar has a charitable gambling operation that has donated
approximately $1 million to Totino-Grace scholarship funds over the course of time. They
donate funds to youth groups. There is a cribbage group that means there. It certainly is not the
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 7
same element that appears on weekend nights at the night club. He does not think it is a stretch
to say the sports bar is not going to create the issues that the nightclub does. He does not think it
is a huge risk for the City to let them keep this and see how it works. Mr. DeFoe has been in this
community for 12 years and it has not been without controversy, he will agree on that, but it
seems that an ongoing business operation like he has there is better than having it go dark That
is what they are hoping for. They do not want to run the nightclub anymore. They do not want
the problems that go with the nightclub. They just want a chance to run the sports bar and, if
they cannot do that to their satisfaction, then they are at their mercy.
Mayor Lund asked Council how they would like to proceed.
Dr. Burns stated he did not think it is a foregone conclusion that that a sports bar is going to
make the big public safety problems at Sha� Nightclub go away. He thinks they need to have
this hearing in order to establish whether that is true and he thinks the Public Safety Director
needs to have more time to explain why that might be true.
Councilmembers Wolfe and Bolkcom agreed.
Councilmember Billings stated he agrees that they need to proceed. If the Chief had indicated
that he thought it was an acceptable alternative, he would have given it the credence that it
warranted. He does think the problems are not isolated to the nightclub and that they need to
proceed.
Attorney Martinson asked how they wanted him to proceed with the cross-examination.
Attorney Knaak stated it was their expectation that the Public Safety Director would do his
presentation and his testimony would be part of and integrated into that. Attorney Martinson
would have full opportunity to cross examine.
Public Safety Director ponovan Abbott was sworn in by Mayor Lund.
Director Abbott began his presentation. He stated the primary concern they have is public
safety. They find threats to public safety in the manner of violence, code violations, and an
overall climate of disorder existing on the premises. There has been a necessity for direct police
intervention to create a safe zone. This requires intensive patrols and implementation of zero
tolerance enforcement efforts. Starting with their most serious concern, numerous violent
incidents have occurred at Sha� over the past 15 months. Four of these incidents involved shots
fired at or toward the club, staff, or patrons. Firearm-related incidents counted for 11 incidents.
Assaults involving glass bottles or barware counted for 12. There were 11 assaults involving
fists or hands and 2 assaults involving other weapons. There were 16 non-weapon related
disturbance calls and 3 other incidents for a total of 55 criminal incidents. Again, this is over the
past 15 months. For example, one incident that occurred at 2:19 a.m. on October 23, 2005,
involved an assault rifle that was reported to them believed to be an AK-47 and a handgun which
the unknown sus�ects utilized to fire towards persons in the parking lot from their position on the
south side of 37t Avenue N.E. in the City of Minneapolis. There were 12 incidents of assault
with glass barware--beer bottles and one wine glass. There were several felony-level assaults.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 8
What determines the difference between a felony and misdemeanor-level assault in this case is
basically the severity of the injury. In fact, a review of all felony-level assaults occurring or
reported to Fridley Police as occurring in the City in 2005, 12.5 percent of these, or 8 out of the
64 felony-level assaults occurred at Sha�. In another specific incident they believe that Fridley
police acting on information provided by the Metro Gang Strike Force on March 15, 2006,
prevented a gang shooting intended to kill two rival gang members at Sha�. Police learned that
Sha� staff was aware of more than 15 gang members in the establishment that evening and
reported to our officers they had broken up three squirmishes between the rival gangs that
evening. Minneapolis police are currently investigating the homicide of a 21-year old female
shot and killed by her 19-year old male companion minutes after both left Sha� in the early
morning hours of January 22, 2006. Minneapolis Police also have the case of two males shot at
the corner of Marshall and Lowry four days after that, January 26, again moments after they
reportedly left Sha�. Basically Sha� is a stand-alone among all of licensees in the City as far as
liquor licenses in regard to violent crime. In fact they can find no other properties that would
compare to the level and severity of this type of crime anywhere in the City. The Police
Department is convinced that there are some fatal injuries that were only narrowly avoided on
the licensed premise and in a couple of cases they believe they were by chance. The rounds have
been fired--they just did not have people hit. It is their feeling it is only a matter of time before
someone is seriously injured or killed at Sha�.
Attorney Knaak stated it is his understanding that the license holder is going to be proposing to
withdraw the application and presume to cease doing business in the City. He asked Attorney
Martinson if that was correct?
Attorney Martinson replied, correct. Mr. Defoe is prepared to withdraw his application for
renewal of the license and terminate the public hearing.
Mayor Lund asked if they should continue with the public hearing.
Attorney Knaak replied if in fact the effect is to result in a termination or cessation of the
business of the licensee, there would be no other reason to continue the public hearing.
Attorney Martinson stated Mr. DeFoe's intent is to cease doing business under the current
license and not reapply.
Attorney Knaak stated the effect being sought by staff would be accomplished and there would
be no further reason for a public hearing.
Councilmember Billings asked Attorney Martinson if his client will close the doors as of the
end of business tonight and will not operate until April 30 on the license that exists and will not
be applying for renewal of the license effective May 1.
Attorney Martinson replied, correct.
Councilmember Billings stated should he find a buyer, he is looking to retain that opportunity
to sell it.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 9
Attorney Martinson replied he is certain Mr. DeFoe is not going to board the place up and let it
sit there for the duration. He does not know what his current plans. He said a lot of the
problems there are related to the demographics. He is just as much a victim of this as anybody
else. There is an element that has taken over the operation there that does not seem to be able to
be controlled, and that is not the business that he intends to run.
Councilmember Billings asked Attorney Knaak if it would be appropriate to close the public
hearing or continue the public hearing until the Apri124 meeting to allow them an opportunity to
make sure that the actions described actually take place.
Attorney Knaak said he thinks the appropriate action on the part of the City would be to
continue the hearing. He would suggest that they continue the hearing until Apri124.
Mayor Lund commented they have it on record that Mr. Martinson represents Mr. DeFoe and
Sharx Nightclub and Sports Bar and what he is saying is Mr. DeFoe's wishes.
Attorney Martinson stated he does represent Mr. DeFoe and he is authorized to make the offer
on behalf of Mr. DeFoe and he swears the information he has given Council is true and accurate.
MOTION by Councilmember Billings to continue the public hearing until the April 24, 2006,
council meeting with a view towards reopening this hearing and immediately closing it without
taking any more testimony assuming the offer is as they all understand it to be. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, AT 9:02 P.M. MAYOR LUND
DECLARED THE PUBLIC HEARING CONTINUED TO THE NEXT MEETING.
OLD BUSINESS:
11. Receive Bids and Award Contract for the 2006 Miscellaneous Concrete Repair
Project No. 365 (Tabled March 27, 2006)
MOTION by Councilmember Wolfe to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Billings stated he just wanted to make sure the contractor was fully aware of
the situation. He knew that the second low bidder has come in and rescued them in the past. It is
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 10
his understanding that staff has actually had a preconstruction conference with the low bidder,
and the low bidder does understand that this is not a come in one time, mobilize once and get it
all done. It is his understanding that staff is confident that this person is the most qualified and is
the low bidder and, therefore, they are making this recommendation.
MOTION by Councilmember Billings to award the bid to Concrete Idea, Inc., for $76,000.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
12. Resolution of the City of Fridley, Minnesota, Providing for the Revocation of the
Liquor License for R.D. Properties, Inc. d/b/a Sharx Sports Bar & Nightclub.
MOTION by Councilmember Billings to table this resolution. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports.
Mark Schwartz, 59th Avenue and 6th Street, approached and stated he was there on the Sha�
matter. He has lived in Fridley since 1991 and after the last snowstorm, a lot of the curbing had
been torn up around his house.
Councilmember Billings stated crews will be out this spring and be doing the work on it. The
curbing gets drier and drier and it takes less of a bump to knock it out. This is something that is
scheduled for reconstruction this summer.
Mr. Schwartz asked how he could find out when his area will be done.
Jon Haukaas, Director of Public Works, stated he believed that is in either the 2007 or 2008
proj ect because those are the last years they would need to install concrete curb.
Mayor Lund stated in the interim they do some repairs.
Mr. Haukaas said they will be going out later this spring and repairing the curbs.
Councilmember Bolkcom stated Anoka County Safe Kids is doing a helmet fitting in Fridley on
May 2 from 4 to 7 p.m. at the Police Department. Also April 28 and 29 is the City's tree
planting. They only have about 12 trees left. There has been a huge response, so they will be
looking at it to see if they can do it again in the fall. They are still accepting money to pay for
replacing the trees in the parks that were lost to the storm.
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2006 PAGE 11
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:09 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
e
To: William W. Bums, City Manager ��
�
From: Roberta S. Collins
Da�: April 21, 2006
Re: Minutes from the Planning Commission Meeting of April 5, 2006
Please add the attached minutes from the Planning Commission meeting of April 5, 2006, to
the City Council meeting agenda for Monday night They need to be received by Council. I
neglected to include them when I prepared the agenda for the City Council meeting.
I apologize for any inconvenience this may cause.
Attachment
CITY OF FRIDLEY
PLANNING COMMISSION
APRIL 5T", 2006
CALL TO ORDER:
Commissioner Savage called the regular meeting of the Planning Commission to order at 7:30
p.m.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS OBSENT:
OTHERS PRESENT:
Diane Savage, Dean Saba, Larry Kuechle, Barbara Johns, Brad
Dunham
David Kondrick and Leroy Oquist
Stacy Stromberg, City Pfanner
Greg Asproth, Two Stooges Bar & Grill Owner
APPROVE PLANNING COMMISSION MEETING MINUETS: - February 15, 2006
MOTION by Commissioner Saba, seconded by Commissioner Kuechle to approve the minutes
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE
MOTION CARRIED UNAMINOUSLY.
PUBLIC HEARING:
1. Consideration of a Special Use Permit, SP #06-03. Grea Asproth, (Two Stooaes
Bar & Grill), To allow an electronic reader board siqn to be located on the buildinq
at 7178 Universitv Avenue.
MOTION by Commissioner Johns, seconded by Commissioner Saba, to open the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT T:35
P.M.
Ms. Stromberg, City Planner, presented a request from the petitioner, Greg Asproth, former
owner of Billiard Street Cafe, and the current owner of 2 Stooges Bar and Grill, who is
requesting a special use permit to allow an electronic changeable message sign to be located
on the building at his business, which is located at 7178 University Avenue.
Ms. Stromberg stated that the petitioner is proposing to install a 30 square foot electronic
changeable message sign on the building in conjunction with the new signage, which will
rename the business. The sign is intended to advertise the restaurant hours and to help
promote special events and daily specials.
Ms. Stromberg shared the history of the subject property that it is located on University Avenue
south of 73�d Avenue. From 1980-2005, the property was zoned M-1, Light Industrial. The
property was developed in 1988 with an office/warehouse building. Over time, all the uses
within the building became office and commercial type uses. On June 13, 2005, the City
Council approved a rezoning for the property from M-1, Light Industrial to C-2, General
Business. Another reason for the rezoning request was to allow the Billiard Street Cafe
business to obtain a liquor license.
Ms. Stromberg reviewed the code requirements for electronic changeable signs which are an
approved special use in any zoning district, except residential, provided the message doesn't
change more often than once every 45 seconds. The sign also needs to be in conformance with
the sign requirements for the zoning disirict, in which the property is located. The subject
property is zoned, C-2 General Business, which requires that all wall signs shall not exceed 15
times the square root of the wall length on which the sign is to be placed. The electronic reader
board sign is proposed to be placed on the east elevation of the existing building and is 30
square feet in size. The petitioner leases 125 ft. of space along the east side of the building,
which according to code requirements would allow 167 square feet of signage on the east
elevation. Therefore, the petitioner could have an additional 137 square feet of wall signage on
the east elevation. The petitioner is planning to erect additional signage with the new business
name; however, exact dimensions of that signage haven't been submitted for a sign permit yet.
Ms. Stromberg stated City Staff recommends approval of the special use permit as electronic
changeable signs are an approved special use in the commercial zoning district, provided the
sign complies with Code requirements, subject to the following stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. Signage on east elevation to comply with code requirements for wall signage allotment.
Commissioner Savage questioned if the petitioner will need an additional permit for the other
signage besides the electronic sign?
Ms. Stromberg replied that a separate sign permit will be needed for the other signage which
will rename the business.
Commissioner Savage asked Mr. Asproth if he had any problems with the stipulations.
Mr. Asproth, Two Stooges Bar & Grill Owner, replied that he did not have any problems with
the stipulations.
Commissioner Savage questioned if any comments have been reported from neighbors.
Ms. Stromberg replied that no comments were received from neighbors.
Commissioner Savage asked if Mr. Asproth had anything to add to the staff report.
Mr. Asproth replied that he had nothing to add to the report but asked if there was any way for
an electronic sign to change the message any sooner than every 45 seconds.
Ms. Stromberg stated that a change would require a text amendment request and this section
of code was recently changed from 15 minutes to 45 seconds. She added that the Council was
comfortable with the current code which allows signs to change every 45 seconds.
MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to close the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:42 P.M.
Commissioner Saba stated that he had no problems with the request and that it was a
reasonable request.
Commissioner Kuechle stated that this request seemed within the constraints of the special
use permit process and he had no problems with it.
Commissioner Savage agreed with others. The sign will be less obtrusive than a free standing
sign because it was back from the road and it won't visually pollute the area.
MOTION by Commissioner Johns, seconded by Commissioner Kuechle to approve Special Use
Permit, SP #06-03, to allow an electronic reader board sign to be located on the building at
7178 University Avenue, provided the sign complies with Code requirements, subject to the
following stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often that authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. Signage on east elevation to cornply with code requirements for wall signage allotment.
UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Consideration of a Text Amendment. TA #06-01, bv the Citv of Fridlev, to amend
the Siqn Code, Chaqter 214, to include modifications to the followina sections:
Definitions, Instructional Sians (Churches 8� Schools), Political Sians, Temporarv
Siqn requirements. and siqnaqe for industries and businesses alonq Interstate
694.
MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to open the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSfONER SAVAGE
DECLARED THE MOTION CARRfED AND THE PUBLIC HEARING OPENED AT 7:44 P.M.
Ms. Stromberg, City Planner, stated that over the course of the last year, City staff has had
discussions with the City Council as well as property owners in the City related to the amount of
signage allowed for churches and those properties located along Interstate 694. After much
discussion and research, City staff is requesting consideration of several text amendments and
additions to the City sign code. The proposed modifications will include the following sections,
Definitions, Institutional Signs (Churches and Schools), Political Signs, Temporary Sign
requirements, Signage requirements for R-1 and R-2 properties separate from R-3 properties,
Signage for Industries and Businesses along Interstate 694, and other general housekeeping.
Ms. Stromberg reviewed the analysis of three areas: Church signage, Interstate 694 Corridor
Signage and Other Sign Code Modifications.
Ms. Stromberg stated that after discussions with the City Council at one of their conference
meetings, many suggestions came forward as to how we should handle signage for churches.
These suggestions included signage sizes that reflect traffic counts on major arterial and
secondary roadways, signage that "competes" with surrounding commercial entities and a
universal sign amendment that treats all churches the same. After evaluating each alternative,
staff believes an amendment that treats all churches and other institutions (schools, hospitals,
and medical clinics) the same is the right resolution.
Ms. Stromberg reviewed the current sign code which allows churches and other institutions to
have one area identification sign, with a 32 square foot maximum. Over the last few years,
several churches and schools have inquired about larger free-standing signs on their properties.
Woodcrest Baptist Church and St. Philip's Lutheran Church both requested variances to
increase the amount of allowable free-standing signage on their properties from 32 square feet
to 70 or 80 square feet. Despite the fact that both of these variances ended up being denied,
there is an obvious interest from church and school representatives to allow larger free-standing
signage.
Ms. Stromberg stated that churches in Fridley are generally located in a residential district. For
understandable reasons signage is limited in residentially zoned districts. The new language
that staff is proposing to adopt would allow institutions (schools, churches, hospitals, medical
clinics) to have up to an 80 square foot free-standing sign as long as they meet the following
requirements:
2. A maximum size of eiqhtv (80) sauare feet in area is allowed per development
provided the followin4 criteria can be met:
a. Signs over thirtv-two (32) square feet shall be placed a minimum of fiftv
�50) feet from any neiqhboring residentially zoned propertv (not includinq
a residential site an institution is located upon).
b. Sian shall be placed so illuminated siqn face is perpendicular to adiacent
roadways.
c. Sign shall not create a glare that will impact adiacent residential
proaerties.
Ms. Stromberg stated that City staff is also proposing to allow institutions to have wall signage
and temporary signage in accordance with the standards allowed in commercially and
industrially zoned districts.
Ms. Stromberg reported that City staff researched several cities in the metro area and found
that the majority of cities allow churches or residentially zoned properties to have a maximum of
32 square feet of signage. A few exceptions are in Eden Prairie, where they allow churches to
have 80 square feet of signage and Mound View, where they allow up to 100 square feet for
ground signs.
Ms. Stromberg said that signage related to the Interstate 694 corridor has also been brought to
the City's attention by Medtronic's recent request to install a billboard type sign on the
southwest side of their property. On February 15, 2006, the Planning Commission approved
their Master Plan Amendment request to allow a 14 ft. by 48 ft. (672) square foot community
service sign on their property. This item was approved by the City Council on February 27,
2006.
Ms. Stromberg stated that although Medtronic's billboard matter was resolved through a
master plan amendment in the S-2, Redevelopment district, over the last several years, the
Appeals Commission and City Council have seen several variance requests from businesses
along Interstate 694 to allow larger signage. In fact, of the 15 properties abutting Interstate 694,
5 of them have received sign variances. With the possibility for redevelopment of the JLT
Group site (formerly Tiro Industries) and the Cub/Gander/Liquor store site, staff determined it
would be better to try and match the signage with the size of the development, rather than
allowing a 280 square foot or 500 square foot sign for all properties along 694. Therefore, staff
has come up with the following chart which allows properties along 694 to have an additional
free-standing sign per development depending upon the overall size of the property.
Ms. Stromberg reviewed that this proposed sign language would require that the sign be
located befinreen the principal building and the interstate right-of-way. This sign would be in
addition to what the property is already entitled to have based on the zoning of the property.
For example, Tiro Industries could have a 240 square foot free-standing sign (based on the size
of there property, 21.4 acres) befinreen the interstate right-of-way and the principal building; in
addition they could have an 80 square foot sign along East River Road.
Ms. Stromberg stated that City staff contacted a variety of communities in the metro area and
of the 10 cities we surveyed half of them have special signage requirements for properties along
major highways/interstates.
Ms. Stromberg said that along with the major amendments to the sign code related to
institutions and properties along Interstate 694, several minor modifications are also proposed.
Those relate to the following:
Definitions:
The modifications to the definitions are simply adding an Interstate I-694 corridor definition,
better defining the word "alteration°, and deleting the "portable sign" definition and combining it
with the "temporary sign" definition.
Reauirements for Political Siqns and Banners/Pennants:
The changes to the political sign section of the code relate to the $15.00 deposit that we require
prior to the erection of any political signs in the City, which is retained until ail of the signs are
removed. While holding a deposit helps to ensure that the signs are taken down, it has proven
that very few candidates for public office even bother to apply for the permit and pay the minimal
fee. Our City Clerk has stated that most of the local candidates will fill out the permit and pay
the fee, but it is very rare for the state and federal level candidates. Therefore, city staff would
recommend that this portion of the code related to political signs be repealed.
Under the code section related to "Temporary Signs Permitted in all Districts" there is also a
section related to Banners/Pennants. This section allows banners and pennants for business
anniversaries, grand openings, or special events not connected with a business. Cities can't
regulate "content", meaning the language on the sign. Therefore, staff advises removal this
section.
Temporarv Sian Requirements:
Staff would aiso like to amend the section of the sign code related to temporary signs. We are
seeking to clarify the word "temporary" and delete the word "portable" in order to be consistent
with our process. Staff would also like to change the maximum number of sign permits allowed
for multiple use buildings or shopping centers. Currently, if a shopping center has 6-10
businesses, they are allowed 3 temporary sign permits per year for those 6-10 businesses. We
would like to increase that number to allow temporary sign permits to represent at least half of
the businesses within a shopping center.
Clarifyin4 when Sian Permits are Needed, and when thev are not:
City staff would like each subcategory within the sign code to state whether or not a sign permit
is required or not. Now that the sign code is being frequently interpreted by sign contractors on-
line via the City website, it is important that we make the permit requirements clear.
Adding a Section for R-3. Multi-Familv Siqnage separate from R-1 and R-2 Properties:
The current sign code puts all residential properties in one category. That category allows one
area identification sign at 24 square feet and one wall sign at 3 square feet. It is very common
for Multi-Family properties to want additional wall signage beyond the 3 square feet allotment
and to want to use temporary signs similar to our commercial and industrial properties.
Therefore, staff requests that we adopt a special section for the R-3 properties that would allow
them to have one identification sign at 24 square feet, and wall signage and temporary signage
similar to our commercial and industrial properties.
Relocatina the Billboard Section:
The current billboard section within the sign code is included as part of the Industrial signage
requirements. Since, billboards are also allowed in the C-3, General Shopping zoning district,
staff would like to create a section specific to billboards, instead of including it with one of the
zoning districts.
Eliminatinq the Area Identification SiQns in the Commercial and Industrial Districts:
The commercial and industrial districts currently allow one area identification sign and one free-
standing sign per properly. The intention behind this was to allow an area identification sign to
identify a particular property or complex, like the "Rice Creek Business Center" and then an
additional free-standing sign could then be used to identify the businesses within the complex.
City staff woufd recommend that we remove the area identification sign requirement and simply
allow properties to have one free-standing sign on their property. It is rarely seen that
properties in Fridley have two free-standing signs anyway.
Addinq Reference to the S-2 Redevelopment District Signaqe with the Public and PUD Signage
Requirements:
The current code doesn't address signage for the S-2, Redevelopment district. Staff
recommends that we add it into the section for signs in the P, Public and PUD, Planned Unit
Deve{opment section. Signage for these districts is controlled by the City Council through
language in the project's Master plan.
Updatinq the Non-Conformina Languaae Related to Siqns:
As you are aware State Statues recently changed to allow non-conforming uses to continue to
exist through repair, replacement, restoration, maintenance, or improvement, but not expanded,
if the use is damaged beyond 50%. The new legislation also states that in order for that non-
conforming use to continue to exist, a permit needs to be acquired within 180 days of the use
being damaged. City staff requests to update the sign code related to non-conforming signs to
match the newly passed state legislation.
Ms. Stromberg stated that City Staff recommends approval of the proposed changes to the City
sign code. These changes will not only provide benefits to institutions and business along
Interstate 694, but they will help clean up some of the minor imperfections found in the code
language. This item will go before the City Council on May 8, 2006.
Commissioner Savage stated that she had a few concerns with some of the items in the
presentation especially the 694 corridor signing proposal and the church signage. The
Woodcrest Baptist Church and St. Phillips Catholic Church larger signage requests previously
presented were denied, this seems inconsistent with the Staff request.
Ms. Stromberg replied that she was not employed with the City at the time of the Woodcrest
Baptist Church sign request but recalls that St. Phillips was requesting an eighty square foot
sign with an electronic reader board sign. The variance was denied due to the proximity to
another residential property and the visual distraction to motoring traffic.
Commissioner Savage questioned if Staff created the formula in the proposal or used a
formula similar to what other cities use when calculating the size of sign allowed on properties
facing a highway.
Ms. Stromberg replied that staff researched what other cities are currentfy using and developed
their own formula.
MOTION by Commissioner Kuechle, seconded by Commissioner Dunham, to close the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M.
Commissioner Savage was concerned that the proposal would allow too large of a sign on the
properties along 694. For example, Pawn America, who does not currently have a sign, would
look inappropriate with an enormous sign. Some properties that currently have an 80 sguare
foot sign would be allowed a 240 square foot sign, which seems too large. This would visually
pollute the area and we need to protect the community. The square footage of property should
not designate how large the sign should be on the property. Possibly another formula could be
considered. She aiso cannot agree with the church sign proposal.
Commissioner Dunham questioned how the size of a sign in the proposed chart compares to
other cities. Currently there is not a lot of visual pollution along highway 694.
Ms. Stromberg answered that at a glance; other cities allow 125' to 170 sq. ft, per sign along
major highways. However, a few of the cities stated that they double the allowable fres-standing
signage on properties along major highways, however she is unsure of there base and will have
to further research that before the City Council meeting.
Commissioner Kuechle stated that if we double our current allotment, we would be at 160 sq.
ft. which is still much less that than the proposed 240 sq. ft.
Commissioner Dunham stated that the sizes of the signs in the proposal are nearly 50% larger
than that of other cities.
Commissioner Johns agreed with Commissioner Savage, that the proposed sign size was
generous. She suggested that maybe Staff could look at the frontage of property rather than
the acreage when determining the size of an allowable sign. Th� proposed numbers are too
large to approve. The reason Fridley does not have a lot of visual poliution today is because the
City has been able to control it with the size of allowable signs. If the City allows large signs,
then there would have a problem. The church signs are also a concern because a lot of the
churches are in residential areas and this could be a problem with neighbors. If churches were
also allowed to have illuminated signs without stipulations there could be additional problems.
Commissioner Kuechle concurred with Commissioner Johns. Some properties currently don't
even have a sign on their property and if the City allows this, there may be signs going up
without knowing the purpose for a large sign. If the City approves a larger sign, the sign would
need to be in proportion with the front of the building rather than the acreage.
Commissioner Saba agreed with Commissioner Kuechle. If Staff could propose some different
numbers taking into account the lot frontage when determining the size of a sign that would be
better. The church signage would be okay if churches were not allowed to illuminate the sign
and if the sign did not face residential areas.
Commissioner Dunham agreed with others and that the sign size should be based on a
combination of lot frontage and acreage.
Commissioner Johns questioned ihe strip mall sign amendment to allow half of the
businesses in the building to be able to have a sign rather than the current limit of three per
sign. She asked if the City monitored who was advertising with temporary signs and if it was
spread out to make sure all business were eventually represented.
Ms. Stromberg replied that the owner of the building was responsible to make sure the tenants
were represented equaAy. The City does try to keep an eye on this signage when they are
issuing temporary sign permits.
Commissioner Savage questioned if the Text Amendments could be divided into parts to vote
on each section separately.
Ms. Stromberg answered yes; they could be acted on separately.
MOTION by Commissioner Kuechle, to deny the text amendment City staff is requesting for the
consideration of text amendment and additions to the City sign code regarding lnstitutional
Signs (Churches and Schools). Seconded by Commissioner Dunham.
UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Johns, to deny the text amendment City staff is requesting to
consider text amendments and additions to the City sign code regarding Signage for Industries
and Businesses along Interstate 694 corridor. Seconded by Commissioner Saba.
UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Dunham, to approve the text amendment City staff is requesting to
consider text amendments and additions to the City sign code regarding other sign code
modifications. Seconded by Commissioner Johns.
UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. OTHER BUSINESS:
The Planning Commission meeting for April 19th, 2006 has been cancelled due to no items to
consider. The next scheduled meeting is May 3rd, 2006.
ADJOURNMENT:
MOTION by Commissioner Saba, seconded by Commissioner Johns to adjourn.
UPON UNANIMOUS VOICE VOTE, COMMISSIONER SAVAGE DECLARED THE MEETING
ADJOURNED AT 8:25 p.m.
Respectfully Submitted,
����
Krista Monsrud
Recording Secretary
�
�
CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
APRIL 24, 2006
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
April 11, 2006
First Reading of an Ordinance to Amend Chapter 4 of the Fridley City Code Pertaining to
Absentee Ballot Boards
During the 2005 Legislative Session, the Minnesota Legislature established post-election random
recount/audits in the state. The main reason for conducting these mandatory recounts/audits is in
response to a growing concern about the security of our voting systems. Several organizations have
expressed concerns on the reliability and security of our voting systems, including optical scan. To
respond to those concerns, the idea is to restore the public faith on the reliability of our voting
equipment by requiring the mandatory recount/audit. It is expected that about three precincts per
county will be selected at random at the County Board Canvassing meeting after the election in
November. Those three precincts will then be recounted/audited at the County.
To establish a county-wide process for the accepting and rejecting of absentee ballots, Anoka County
Elections is recommending they facilitate a county-wide absentee ballot board made up of election
judges or trained city employees. The plan would be that 4 days prior to the election, each city would
be responsible for recruiting and identifying individuals to conduct the responsibilities of the board.
In reviewing the City Code, staff found that the language identified an absentee ballot precinct that
would review and tally the results of all absentee ballots. That is not the intent of what we are trying
to establish here. Staff has amended the language and recommends holding the first reading of the
ordinance shown in Attachment 1.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4. ABSENTEE BALLOT PRECINCT
ELECTIONS, OF THE FRIDLEY CITY CODE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 4. ABSENTEE BALLOT BOARD
4.01. ABSENTEE BALLOT DD�r'T,.Tr"T'c BOARD
The Council hereby authorizes the establishment of an absentee ballot �eEi-�rc� board
within the City of Fridley, which �� is authorized to handle all absentee ballots
received �g rp ior to any election, primary or general, within the City, as allowed by
Minnesota Statutes 203B.13.
4.02. DUTIES
The Absentee Ballot � Board shall:
1. Receive all absentee ballots for a primary or general election held within the
municipality at anytime durin� the 30 davs before the election.
2.
�;°*r^*;^r �';'°. Mav work in conjunction with the County during any state primary
or �eneral election to provide election jud�es to the Countv who will facilitate the absentee
ballot board to process the City's absentee ballots;
3.
. Examine the
absentee ballot return envelope and mark it accepted or re_iected in the manner provided in
Minnesota Statutes 203B.12, Subd. 2. If an envelope has been reiected at least five davs
before the election, the ballots in the envelope must be considered spoiled ballots and the
official in char�e of the absentee ballot board shall provide the voter with a replacement
absentee ballot and return envelope in place of the spoiled ballot.
. Forward all absentee ballots to
the correct precinct in the Citv for completion of the absentee ballot process.
.
Ordinance No.
.� •
4.03. MEMBERS
Page 2
The Council is authorized to appoint the number of persons, which it deems necessary to
carry out the duties of the absentee ballot �� board.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ DAY OF 2006.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
�
�
CffY OF
FRIDLEI'
Name
Jeannie
Benson
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 24, 2006
Position
Administrative
Assistant
Non-exempt
Appointment
Starting
Salary
$16.68
per hour
Sandra Permit $17.51
Stanger Technician per hour
Non-exempt
Starting
Date
Apri1 25,
2006
May 8,
2006
Replaces
Charlotte
Zimmerman
Mary
H intz
� AGENDA ITEM
COUNCIL MEETING OF APRIL 24, 2006
CffY OF
FRIDLEI'
CLAIMS
126241 - 126420
�
�
CffY QF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 24, 2006
LICENSES
Tvpe of License
�
FOOD ESTABL/SHMENTS
Domino's Pizza William Graves
7510 University Av NE
Fridley, MN 55432
Chanticlear Pizza Keith Moeller
1262 E Moore Lake Dr
Fridley, MN 55432
FOOD, TOBACCO & GASOL/NE SALES
Fuel & Save Amjad Ibrahim
8100 E River Rd NE
Fridley, MN 55432
Stop and Save
7298 Hwy 65 N E
Fridley, MN 55432
Joshua Isaboke
Approved Bv
Public Safety Director
Fire Inspector
Community Development
m
Public Safety Director
Fire Inspector
Community Development
m
FOOD, TOBACCO, B/LL/ARDS, ENTERTA/NMENT,
LAWFUL GAMBL/NG, L/QUOR MANAGER/AL
Fridley Crab House Ray Reed Public Safety Director
6161 Hwy 65 NE Fire Inspector
Fridley, MN 55432 City Clerk
REFUSE HA ULER
Onyx / Vasko Solid Waste Paul Leding Public Safety Director
309 Como Av Recycling Coordinator
St. Paul, MN 55103 City Clerk
STREET VEND/NG
EZ Ice Cream Kamel Alassedy Public Safety Director
761 124t" Ln NW Parks Director
Coon Rapids, MN 55448 City Clerk
LICENSES (CONTINUED)
TREE REMOVAL SERV/CE
Terra's Canopies, LLC Philip Castano
3610 46 '/ Av
Robbinsdale, MN 55422
Legacy Tree Care John Wilson
21315 Valley View Terrace
Maple Grove, MN 55311
Premier Tree Service Dennis Herold
8588 260t" Av
Pierz, MN 56364
Drobnick's Tree Service Dennis Drobnick
311 93rd Av N E
Blaine, MN 55434
USED MOTOR VEH/CLE
Motor Valet, Inc. John Pomaville
5649 University Av NE
Fridley, MN 55432
Co-Part of Connecticut, Inc. Paul Styer
3737 E River Rd NE
Fridley, MN 55432
JUNK YARD
Co-Part Auto Auctions Paul Styler
3737 E River Rd NE
Fridley, MN 55432
MOTOR VEH/CLE BODYREPA/R
City Collision & Glass Jeremy Peterson
6501 E River Rd
Fridley, MN 55432
TREE REMOVAL SERV/CE
Nature Boyz Edward Gietz
26947 370t" Av
Hillman, MN 56338
Xtreme Tree Service Jacob Gilkerson
4952 Shady Ln.
North Branch, MN 55056
Public Works Director
<< << <<
Public Works Director
<< << <<
Public Safety Director
Community Development
<< << <<
Public Safety Director
Fire Inspector
Community Development
Building Inspector
Public Safety Director
Fire Inspector
Community Development
Public Works Director
<< << <<
LICENSES (CONTINUED)
CARN/VAL (�49ER DA YS)
Gold Star Amusements
9748 Vale St
Coon Rapids, MN 55433
Connie Featherstone
Public Safety Director
Fire Inspector
Building Inspector
Business Address Type of License
Sam's Auto Parts 1240 73 %2 Ave. NE Junkyard
Central Auto Parts 1201 73 %2 Ave. NE Junkyard
A-Abco Auto Parts 7300 Central Ave. NE Junkyard
Auto Body Shop 7765 Main St. NE Motor Vehicle Body Repair
Fridley Amstar Autocare 7680 Hwy. 65 NE Food, Tobacco, Gasoline Sales
� AGENDA ITEM
CITY COUNCIL MEETING OF
�"�F APRIL 24, 2006
FRIDLEI'
Contractor T e A licant A roved B
Advance Com anies Inc Commercial/S ecialt La J. Tra Ron Julkowski, CBO
Centimark Corporation Commercial/Specialty Dianna Larson Ron Julkowski, CBO
Conrad Mechanical Gas/Heatin Jim Eernisse Ron Julkowski, CBO
Co orate Mechanical Inc Gas/Heatin Son�ia Wa ner Ron Julkowski, CBO
North Suburban Heating & Air Heating Dan Larson Ron Julkowski, CBO
Olson General Contractors Commercial/Specialty Gary Ullom Ron Julkowski, CBO
Practical S stems Heatin /Gas Tro L nch Ron Julkowski, CBO
Rosen uist Construction Roofin Arden Anderson Ron Julkowski, CBO
Sela Roofing & Remodeling Inc Roofing Sara Vanvickle Ron Julkowski, CBO
St. Cloud Refrigeration Heating Michael Fitch Ron Julkowski, CBO
The Gopher Company Roofing Jason Brouwer Ron Julkowski, CBO
Tim's Quali Plumbin Co Gas Timoth Lindholm Ron Julkowski, CBO
Vinco Inc Commercial/Specialty Steve Anderson Ron Julkowski, CBO
�
�
CffY OF
FRIDLEI'
To
From
Date
AGENDA ITEM
CITY COUNCIL MEETING OF
APRIL 24, 2006
William W. Burns, City Manager
Donovan W. Abbott, Director of Public Safety
Richard D. Pribyl, Finance Director
April 11, 2006
Re: Continued Public Hearing in Consideration of On-Sale Intoxicating Liquor License for
R.D. Properties, Inc., dba Sha� Sports Bar and Nightclub located at 3720 East River
Road.
A public hearing was held on April 10, 2006, and continued to Apri124, 2006. The public
hearing is being held to take testimony on the on-sale intoxicating liquor license for RD Properties,
Inc., dba Sha� Sports Bar and Nightclub, located at 3720 East River Road.
On April 10, 2006, the Licensee, Richard DeFoe, agreed to suspend operation of his business
effective the end of business April 10, 2006. The public hearing was continued to allow Mr. DeFoe
to surrender his license and to ensure that he did suspend the operation of his business.
Staff recommends re-opening the public hearing, taking testimony as needed and closing the public
hearing.
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 24, 2006
April 19, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
An ordinance. First reading to approve text amendment #05-08 for the purpose of
repealing Chapter 105 Weeds and creating Chapter 105 Landscape Maintenance
M-06-45
INTRODUCTION
On December 12, 2005 the City Council held a public hearing regarding TA #OS-08, which is a text
amendment designed to address protection of waterways through surface water quality measures. This
text amendment was one of several that were a product of years of study related to the Springbrook
Watershed Grant Project, where the City committed to analyzing and improving our codes to protect
storm water quality and quantity. Staff needs to finish review of this last proposed code change within the
next few weeks since it needs to be incorporated into the Springbrook Watershed Project's final report,
which is due the end of May, 2006.
The current Chapter 105 in Fridley City Code, entitled Weeds, was drafted to ensure minimum
requirements for landscape maintenance in the City. In addition to proper landscape maintenance the new
language is aimed at protecting surface water quality. Since it has been several months since the public
hearings on this item, following is a summary of the proposed changes, Council's suggestions, and what
staff has changed in the draft ordinance since the public hearing:
One proposed change incorporates staff's current policy regarding the management of native landscape
areas into code language. Strict interpretation ofthe current code discourages native landscaping, when
storm water protection aims to encourage installation of native landscaping. Council suggested no
changes.
The proposed code language prohibits persons from depositing or storing yard waste of any kind in a
public right of way. This is intended to prevent people from intentionally raking leaves into the street.
Council suggested adding "except as permitted in Chapter 113 Solid Waste" so that people can set
out bags of leaves on garbage day.
Additional new language proposed in Chapter 105 prohibits directing gutter downspouts onto a paved
surface to prevent storm water from going directly into the storm sewer system. Instead, storm water
runoff from buildings should be directed to a landscaped area, where it can infiltrate into the ground.
Council proposed restricting this change to newly installed residential gutters only and exempt
those when the redirected downspouts would negatively affect neighboring properties. Proper
management of commercial storm water runoff will be covered in the new language in Chapter 208,
Storm Water Management and Erosion Control, which Council recently passed.
A clause is included in the same paragraph permitting rain barrels in the side and rear yard. Under strict
interpretation of the zoning code, rain barrels would be considered unlawful outside storage. Staff
believes the City could encourage better storm water runoff management with the use of rain barrels to
capture water for irrigation. Additionally, Low Impact Design standards encourage on-site management
of Stormwater. Council suggested no changes.
New language has been added to require a buffer strip of no chemical fertilizer applications or mowing of
vegetation within 20 feet of the ordinary high water mark without approval from the City. This language
works to protect surface water quality and prevent costly mitigations to phosphorous overload. Since the
Planning Commission public hearing, staff has added an exception to allow shoreline property owners to
maintain a mowed walkway down to the water's edge no wider than 10 feet or 25 feet for City maintained
vistas in parkland. There was concern regarding public acceptance of this requirement during the
Council discussion. Therefore, staff has amended the proposed language in this paragraph to delay
the onset of this requirement five years until June l, 2011. This will give staff time to continue to
educate the public about shoreland buffers and provide connections to resources and potential
grant funds.
There are also some other minor changes to the proposed ordinance language that resulted from review by
the City Attorney. For example, the definition of Watenvay was modified.
PAST COUNCIL ACTION
At the December 12, 2005 City Council meeting, the Council held a public hearing of an ordinance for
the approval of TA #OS-08, which repeals Chapter 105, Weeds, of Fridley City Code and adopts new
language regarding landscape maintenance to create better storm water quality and quantity controls in
the City. Due to the fact that the public hearing for the shoreland overlay district text amendment was
scheduled the same evening, several members of the public testified regarding this text amendment.
COMMISSION REVIEW
On October 21, 2003, the Fridley Environmental Quality and Energy Commission reviewed the attached
text amendment. The Commission unanimously passed a motion directing staff to make natural
landscaping permissible and also ensure that natural landscaping is an acceptable option for "vegetative
cover, " protecting water quality and preventing soil erosion as committed in Fridley's NPDES permit
application. One of the commissioners pointed out that natural landscaping not only benefits water
quality but also benefits air quality (mowing grass generates a great deal of air pollution).
PLANNING COMMISSION RECOMMENDATION
At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #OS-08.
After a brief discussion, the Planning Commission recommended approval of text amendment request, TA
#OS-08. THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of TA #OS-08,
which repeals Chapter 105, Weeds, of Fridley City Code and adopts new language regarding landscape
maintenance to create better storm water quality and quantity controls in the City, at the Apri124t'', 2006,
City Council meeting.
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE
PERTAINING TO LANDSCAPE MAINTENANCE
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:
Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows:
� nc. �a���nc �Ref . 397�
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Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape
Maintenance and amended as follows:
105. LANDSCAPE MAINTENANCE
105.01. PURPOSE
The purpose of this section of City Code is to establish minimum standards for landscape
maintenance and to protect surface water qualit�y allowin� natural areas where the.��
benefit water quality throu�hout the Cit�
105.02. DEFINITIONS
1. Desi�nated Natural Area
An area of native plants that has never been disturbed or an area intentionall�planted with
native perennial ve�etation �reater than ten (10) inches in hei�ht that has an ed�ed border
separatin� it from areas of turf �rass.
2. Garden
A cultivated area dedicated to the �rowin� of ve�etables, fruit, flowers, perennials, shrubs, and
similar plants that were specificall�planted in that location and common weeds are not the
predominant ve�etation.
3. Landscape
The area of a parcel of land that is not covered with an impervious surface.
4. Lot
A parcel of land adjacent to a street or road , includin� the ri�ht-of-way between the property and
the curb.
5. Noxious Weeds
Includes both prohibited noxious weeds and secondary noxious weeds as defined by the State of
Minnesota Department of A�riculture. (Note: this does not include dandelions)
6. Ordinary Hi�h Water Level
Minnesota State Statute 103G.005, subdivision 14 defines ordinarv hi�h water level as the
boundary of waterbasins, watercourses, public waters, and public waters wetlands, and:
(1) the ordinary hi�h water level is an elevation delineatin� the hi�hest water level that
� has been maintained for a sufficient beriod of time to leave evidence ubon the
landscape, commonlv the point where the natural ve�etation chan�es from
predominantl�quatic to predominantly terrestrial;
(2) for watercourses, the ordinary hi�h water level is the elevation of the top of the bank
of the channel: and
(3) for reservoirs and flowa�es, the ordinary hi�h water level is the operatin� elevation
of the normal summer bool.
7. Waterwav
An.�y of water that receives storm water runoff, includin� wetlands, lakes, ponds, streams,
rivers, and reservoirs. Shall not include *� �..�,...��Y.y,. water *�� flowing ,� � t., on streets or �oolin�
_.. ... �......
for less than 24 hours on private property after a rain event_
105.03. REQUIRED MAINTENANCE
Landscape areas of all properties must be maintained by the owner to be free of noxious weeds. Ground
cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in avera�e hei�ht
except for �ardens and desi�nated natural areas. Desi�nated natural areas which do not need to be ed�ed
include: Draina�e ponds, ditches, lakeshore areas, parks, 3 to 1 or �reater slopes, streambanks, vacant
lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Ve�etation shall not be
permitted to be over�rown or encroach onto adjacent properties. Failure to com�lv is a nuisance.
105.04 INTERVENTION BY THE CITY
If the provisions of Section 105.03 are not complied with, the City Mana�er or his/her desi�nee shall �ive
written notice to the owner of the property in violation. If the property owner fails to brin� the violatin�
property into compliance with Section 105.03 within the time specified or if the owner of the property
cannot be located, desi�nated City staff shall have the landscape brou�ht into compliance and invoice the
property owner for the cost of such service and abatement administrative cost. If the property owner fails
to pav the invoiced cost within 30 days, the invoiced cost of these services and an additiona125%
assessment fee will be certified to Anoka County and assessed to the property's taxes.
105.05. PROTECTION OF WATERWAYS
1. In addition to proper landscape maintenance, all property owners in the City of Fridle.�
protect surface water quality throu�h the followin� measures:
A. No person is permitted to deposit leaves, �rass cli�pin�s, or other plant waste within twenty-
five (25) feet of a waterway or ten (10) feet of a bluffline, whichever is �reater,
B. No person is permitted to deposit or store yard wastes of an. k�exce.pt..as....permitted...in
Chapter 113, in a public ri�ht of way.
C. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides from
fallin� on a paved surface. An��plied �ranular landscape fertilizer, pesticide, or herbicide
must be swept from an�paved surfaces immediatel�pon completion of a�plication as
specified in State Statutes. Commercial lawn care product a�plicators must post public
notification si�ns when lawn care products are applied. No person shall remove such si�ns for
48 hours, as required by law_
D. Newly installed residential roof �utter downspouts must be directed onto a landscaped area
and are not permitted to drain onto a paved surface except in situations approved by the City
where. nei�hbonng �ro�erties will be ne�ativelv affected by..stnct adherence to this. section,
Rain barrels are bermitted in side or rear vards onlv.
E. Section lO5.O5.1.E shall be effective after June 1, 2011. No person shall mow ve�etation or
applv fertilizer or other landscape chemicals within twent�20) feet of the ordina .r��h
water mark of any waterway without a�proval from the City. Property owners may maintain a
mowed walkway down to the water's ed�e no wider than 10 feet Publicly maintained vistas
in parkland may preserve a mowed walkway down to the water's edge no wider than 25 feet.
1050.06. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations
under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist
shall be deemed a separate offense.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 200 .
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: December 12, 2005
First Reading:
Second Reading:
Publication:
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE
PERTAINING TO LANDSCAPE MAINTENANCE
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:
Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows:
. (Ref . 397)
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Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape
Maintenance and amended as follows:
105. LANDSCAPE MAINTENANCE
105.01. PURPOSE
The purpose of this section of Citv Code is to establish minimum standards for landscane
maintenance and to protect surface wateryualitv bv allowin� natural areas where thev can
benefit water qualit�ou�hout the Citv.
105.02. DEFINITIONS
l. Desi�nated Natural Area
An area of native plants that has never been disturbed or an area intentionall�t�lanted with
native �erennial vegetation g,reater than ten (10) inches in hei�ht that has an eci�ed border
separatin� it from areas of turf grass.
2. Garden
A cultivated area dedicated to the �rowin�of ve�etables, fruit, flowers, perennials, shrubs, and
similar,plants that were specificallYplanted in that location and common weeds are not the
predominant vegetation.
3. Landscave
The area of a parcel of land that is not covered with an impervious surface.
4. Lot
A parcel of land adjacent to a street or road . includin� the ri t-of-wa�between the pronertv and
the curb.
5. Noxious Weeds
Includes both prohibited noxious weeds and secondarv noxious weeds as defined bv the State of
Minnesota Department of Agriculture (Note• this does not include dandelions)
6. Ordinarv Hi�h Water Level
Minnesota State Statute 103G.005, subdivision 14 defines ordinary hi�h water level as the
boundary of waterbasins watercourses, public waters, and public waters wetlands, and:
�1) the ordinarv hi�h water level is an elevation delineating the hi�hest water level that
has been maintained for a sufficientperiod of time to leave evidence upon the
14
landscape, commonl�he point where the natural vegetation changes from
predominantly aquatic to predominantiv terrestrial;
(2) for watercourses, the ordinary high water level is the elevation of the top of the bank
of the channel; and
(3� for reservoirs and flowages. the ordinary hi�h water level is the operating elevation
of the normal summer pool.
7. Waterwav
Anv bodv of water that receives stoim water runoff, including wetlands, lakes, ponds, streams,
rivers, and reservoirs. Shall not include t��er� water t�at-flowing �-i�e on streets, or pooling
for less than 24 hours on private property after a rain event.
105.03. REOLTIItED MAINTENANCE
Landscape areas of all properties must be maintained bx the owner to be free of noxious weeds. Ground
cover, excent for trees and shrubs, in landscaped areas mav not exceed ten (10) inches in avera�e height
except for �ardens and desi�nated natural areas. Designated natural areas which do not need to be ed�
include: Draina�e ponds, ditches, lakeshore areas,parks, 3 to 1 or greater slopes, streambanks, vacant
lots, wetlands, or wooded areas. Landsca�ed areas must be ke�t free of litter. Ve�etation shall not be
permitted to be over�rown or encroach onto adjacent properties. Failure to complv is a nuisance.
105.04 INTERVENTION BY THE CITY
If the provisions of Section 105.03 are not complied with, the Citv Manager or his/her desiQnee shall ive
written notice to the owner of the propert�in violation. If the �roperty owner fails to brin� the violating
pronertYinto compliance with Section 105.03 within the time specified or if the owner of the propertv
cannot be located, desi�nated Citv staff shall have the landscaQe brought into compliance and invoice the
propertYowner for the cost of such service and abatement adxninistrative cost. If the propertv owner fails
to pav the invoiced cost within 30 davs, the invoiced cost of these services and an additiona125%
assessment fee will be certified to Anoka County and assessed to the pronerty's taxes.
105.05. PROTECTION OF WATERWAYS
1. In addition to proper landscane maintenance, all propertv owners in the Citv of Fridlev must
protect surface water aualit��h the following measures:
A. No person is permitted to deposit leaves. �ass clippin�s, or other plant waste within twentv-
five (251 feet of a waterwav or ten (101 feet of a bluffline, whichever is �'eater•
B. No person is permitted to deposit or store vard wastes of any kind, except as permitteci_in
Chapter 113, in a public ri t of way.,
C. Extreme care must be taken to prevent landsca�e fertilizers, pesticides, and herbicides from
falline on a naved surface. Anv apvlied granular landscape fertilizer.pesticide, or herbicide
must be swent from anYpaved surfaces immediatelv upon completion of application as
specified in State Statutes. Commercial lawn care Qroduct applicators must post public
notification signs when lawn care products are applied. No person shall remove such si ng s for
48 hours, as required bylaw.
D. Newlv installed residential roof �utter downspouts must be directed onto a landscaped area
and are not permitted to drain onto a naved surface except in situations approved by the Citv
where neighborin,�properties will be negatively affected bv strict adherence to this section.
Rain barrels are permitted in side or rear yards only;
15
E. Section l 05.05.1.E shall be effective after June 1. 201 l. No person shall mow ve�,etation or
a��lv fertilizer or other landscape chemicals within twentv (20) feet of the ordinar�hi�h
water mark of any waterwav without approval from the Citv. Propertv owners mav maintain a
mowed walkwav down to the water's ed�e no wider than 10 feet. Publiclv maintained vistas
in parkland maypreserve a mowed walkwav down to the water's ed�e no wider than 25 feet.
1050.06. PENALTIES
Any violation of this Chapter is a misdemeanor and is subi ect to all penalties provided for such violations
under the provisions of Chapter 901 of this Code. Each dav that the violation exists or continues to exist
shall be deemed a se�arate offense.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 200_.
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: December 12, 2005
First Reading:
Second Reading: �
Publication:
16
Scott J. Lund, Mayor
�
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 24, 2006
Date: April 17, 2006
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #06-03, Two Stooges Bar and Grill
M-06-44
INTRODUCTION
Greg Asproth, former owner of Billiard Street Cafe, and the current owner of 2 Stooges Bar and
Grill, is requesting a special use permit to allow an electronic changeable message sign to be
located on the building at his business, which is located at 7178 University Avenue.
The petitioner is proposing to install a 30 square foot electronic changeable message sign on
the building in conjunction with the new signage, which will rename the business. The sign is
intended to advertise the restaurant hours and to help promote special events and daily
specials.
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PLANNING COMMISSION RECOMMENDATION
At the April 5, 2006, Planning Commission meeting, a public hearing was held for SP #06-03.
After a brief discussion, the Planning Commission recommended approval of SP #06-03, with
the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. Signage on east elevation to comply with code requirements for wall signage allotment.
City of Fridley Land Use Application
SP #06-03 April 5, 2006
GENERAL INFORMATION
Applicant:
Greg Asproth
7178 University Avenue NE
Fridley MN 55432
Requested Action:
Special Use Permit for an electronic
changeable sign
Existing Zoning:
C-2, General Business
Location:
7178 University Avenue NE
Size:
187,844 sa. ft. 4.3 acres
Existing Land Use:
Multi-tenant building
Surrounding Land Use & Zoning:
N: Bally Total Fitness & C-2
E: University Avenue & ROW
S: Community Park & P
W: Multi-tenant building & M-1
Comprehensive Plan Conformance:
Application pending to change this
property on the comprehensive plan
from Industrial to Commercial per Met
Council approval.
Zoning Code Conformance:
Sec. 214.07.1 requires a special use
permit for an automatic changeable
sian.
Zoning History:
1979 — Lot is platted.
1986 — Building constructed.
2005 — Property is rezoned from M-1,
Light Industrial to C-2, General Business
Legal Description of Property:
Lots 4-6, Block 1, Paco Industrial Park,
except the north 35 feet of Lot 4.
Public Utilities:
Building is connected.
Transportation:
Commerce Circle provides access to the
property.
SPECIAL INFORMATION
Physical Characteristics:
Building, parking lot and typical suburban
landscaping.
SUMMARY OF PROJECT
Greg Asproth, owner of the former Billiard
Street Cafe and current owner of 2 Stooges Bar
and Grill, is seeking a special use permit to
allow a electronic changeable message sign to
be located on the building at his business,
which is located at 7178 University Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit request.
Electronic changeable signs are an approved
special use in the commercial zoning district,
provided the sign complies with Code
requirements.
Photo of Propertv
CITY COUNCIL ACTION / 60 DAY DATE
City Council — April 24, 2006
60 Day Date — May 1, 2006
Staff Report Prepared by: Stacy Stromberg
SP #06-03
REQUEST
Greg Asproth, former owner of Billiard Street Cafe, and the current owner of 2 Stooges Bar and
Grill, is requesting a special use permit to allow an electronic changeable message sign to be
located on the building at his business, which is located at 7178 University Avenue.
The petitioner is proposing to install a 30 square foot electronic changeable message sign on
the building in conjunction with the new signage, which will rename the business. The sign is
intended to advertise the restaurant hours and to help promote special events and daily
specials.
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Proposed Sign — 3 ft. by 10 ft. Electronic Message Center
HISTORY AND ANALYSIS
The subject property is located on University Avenue south
of 73�d Avenue. From 1980-2005, the property was zoned
M-1, Light Industrial. The property was developed in 1988
with an office/warehouse building. Over time, all the uses
within the building became office and commercial type
uses. On June 13, 2005, the City Council approved a
rezoning for the property from M-1, Light Industrial to C-2,
General Business. Another reason for the rezoning request
was to allow the Billiard Street Cafe business to obtain a
liquor license.
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CODE REQUIREMENTS ' � �
Electronic changeable signs are an approved special use in �
any zoning district, except residential, provided the �
message doesn't change more often than once every 45 �'
seconds. The sign also needs to be in conformance with �
the sign requirements for the zoning district, in which the �
property is located. The subject property is zoned, C-2 '��� �
General Business, which requires that all wall signs shall
not exceed 15 times the square root of the wall length on
which the sign is to be placed. The electronic reader board
sign is proposed to be placed on the east elevation of the �
existing building and is 30 square feet in size. The petitioner leases 125 ft. of space along the
east side of the building, which according to code requirements would allow 167 square feet of
signage on the east elevation. Therefore, the petitioner could have an additional 137 square
feet of wall signage on the east elevation. The petitioner is planning to erect additional signage
with the new business name; however, exact dimensions of that signage haven't been
submitted for a sign permit yet.
STAFF RECOMMENDATION
City Staff recommends approval of the special use permit as electronic changeable signs are an
approved special use in the commercial zoning district, provided the sign complies with Code
requirements, subject to stipulations.
STIPULATIONS
City Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. Signage on east elevation to comply with code requirements for wall signage allotment.
�
�
CffY OF
FRIDLEY
DATE:
TO:
FROM
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 24, 2006
April 20, 2006
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
SUBJECT: Tax Base Revitalization Account Application
INTRODUCTION
JLT East River Road, LLC, has requested the City's assistance in their quest to
obtain a grant through the Metropolitan Council's, Tax Base Revitalization
Account (TBRA) program. You may recall a similar request by JLT in October of
last year. At that time JLT did not score enough points in the competitive funding
arena to be awarded a grant. You'll recall, as JLT moved toward demolition of
their building in the northeast quadrant of Highway 694 and East River Road,
they encountered a significant presence of asbestos in the building. Proper
abatement of that asbestos will be required, prior to demolition of the building.
Since this type of abatement matches the purpose of the TBRA grant program,
and since redevelopment of this site will play an important role in revitalizing this
property along our major corridors, staff is requesting that the City approve the
attached resolution necessary for JLT's complete grant application.
ELEMENTS FOR CONSIDERATION
Fridley's involvement in the Livable Communities Program, makes the City
eligible for funds through the Tax Base Revitalization Account (TBRA). TBRA
funds are used for cleaning up polluted land for redevelopment. The funds help
to put vacant land and buildings back to productive uses, help to create jobs, and
as the Metropolitan Council describe it, "Fuel the region's economic engine". This
results in: a cleaner environment, revitalized communities, and growth directed to
central cities and older suburbs where costly infrastructure like roads and sewers
is already in place. This program is
JLT, Tax Base Revitalization Account
April 20, 2006
PAGE 2
conducted in coordination with the Minnesota Department of Trade and
Economic Development
The interior of the office portion of the building has asbestos ceiling decks, has
been fireproofed with asbestos, and the plant areas contain significant quantities
of asbestos in various locations. An asbestos survey was completed in October
of 2005. Cost estimates for clean-up, based on the survey, will be approximately
$490,000. The amount of the request to the Metropolitan Council to help with
this mediation is $248,500. This figure represents a 49% reduction over their
request from last year.
The City of Fridley has participated in the past in two grant applications such as
this being requested. One was for soil clean-up on the Onan property to ready
the land for Murphy's warehouse. The other was to assist Dealer's
Manufacturing at a time when they discovered and needed significant soil clean-
up on their site.
City's Role
Put simply, the City's role in this application is to be the administrator of the
grant. In this program, City staff serves as Met Council's local administrator to
make certain that all requirements of reporting and documentation have been
met. The City would continue to follow-up after completion of the project to
measure the success of the development that occurs as a result of the grant
investment.
The State is interested in the best return on its investments. Success stories like
the Murphy Warehouse project; a project that took land with an assessed value
of $0 and through DEED and Met Council participation allowed clean-up to occur
and eventually clean land to accommodate a 400,000 s.f. warehouse, new value,
new warehouse jobs, etc. is the kind of success story being sought.
JLT believes they too will bring the State and our City a similar success story.
JLT could not obtain a grant through this program without the City agreeing to
administer the grant. Staff too believes that with the proper clean-up and
redevelopment, this site will bring new value, image and employment. The funds
would be issued to Fridley on behalf of JLT. Once JLT performs, funds would be
released as outlined in the program requirements.
JLT, Tax Base Revitalization Account
April 20, 2006
PAGE 3
City's Incentive
At a time when economic development tools are few for attracting business, this
program does allow the City to offer something other than money to inspire/
assist with redevelopment. An industrial building sitting empty and in need of
clean-up has an image price tag, aside from limiting job possibilities and limiting
the performance of that immediate real estate and those sites that surround it.
Costs of staff time (estimated 20 — 30 hours) dedicated to the administration of
this grant can be absorbed. In exchange, this development will likely see earlier
demolition of the existing building and less lag time before a reuse of the site can
occur.
RECOMMENDATION
Staff recommends approval of the attached resolution supporting JLT, East River Road,
LLC's application for a grant through the Tax Base Revitalization Account
M-06-46
RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING APPLICATION FOR THE TAX BASE
REVITALIZATION ACCOUNT
WHEREAS, the City of Fridley in a participant in the Livable Communities Act's Housing
Incentives Program for 1996 as determined by the Metropolitan Council, and is therefore eligible
to make application for funds under the Tax Base Revitalization Account; and
WHERAS, the City has identified a clean-up project within the City that meets the Tax Base
Revitalization account's purpose/s and criteria; and
WHERAS, the City has the institutional, managerial and financial capability to ensure adequate
project administration; and
WHERAS, the City certifies that it will comply with all applicable laws and regulations as stated
in the contract agreements; and
WHEREAS, the City Council of Fridley, Minnesota agrees to act as legal sponsor for the project
contained in the Tax Base Revitalization grant application submitted on May 1, 2006 ;
BE IT FURTHER RESOLVED, that 7LT East River Road, LLC is hereby authorized to apply
to the Metropolitan Council for this funding on behalf of the City of Fridley and to execute such
agreements as are necessary to implement the proj ect on behalf of the applicant.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24TH DAY OF APRIL, 2006.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF APRIL 24, 2006
FRIDLEI'
INFORMAL STATUS REPORTS