04/13/2009 - 4535�
� CITY COUNCIL MEETING OF APRIL 13, 2009
�ffY �F
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.
LOCAL BOARD OF APPEAL AND
EQUALIZATION MEETING — 7:00 P.M.
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 23, 2009
NEW BUSINESS:
1. Receive Bids and Award Contract for the 2009
Street Improvement Project No. ST. 2009 — 1 ...................................................... 1- 5
2. Receive Bids and Award Contract for the
2009 Watermain Rehabilitation Project No. 386 ................................................... 6- 7
FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Receive Plans and Authorize Advertisement
for Bids for Water Tower No. 1 Rehabilitation,
ProjectNo. 382 ..................................................................................................... 8
4. Appointment — City Employee ............................................................................... 9
5. Claims ............................................................................................................ 10
6. Licenses ................................................................................................................ 11 - 20
7. Estimates .............................................................................................................. 21
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
8. Consideration of an Ordinance Amending
Chapter 506 of the Fridley City Code
Pertaining to Vehicle Parking (Text
Amendment, TA #09-01, by the City of
Fridley) ............................................................................................................. 22 - 27
FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2009 PAGE 3
NEW BUSINESS:
9. Resolution Supporting an Application for a
Community Development Block Grant
(Traffic Signalization Improvements at
East River Road and 61 St Way N. E.)
(Ward 3) ............................................................................................................... 28 - 29
10. Consideration of Hotel/Motel License for
LivINN Suites, Located at 5201 Central
Avenue N.E. (Ward 1) ......................................................................................... 30 - 33
11. Consideration of Intoxicating Liquor License
Issued to William J. Bisek of JWBB, Inc.,
d/b/a Baggan's Pub, Located at 3720
East River Road (Ward 3) ..................................................................................... 34 - 49
12. Informal Status Report ............................................................................................. 50
ADJOURN.
City of Fridley
Notice of Board of Review
Notice is hereby given, that the Board of Review of the City of Fridley, County of
Anoka, Minnesota, will meet the City Hall Council Chambers in said City at 7:00 p.m., on
Monday, April 13, 2009, for the purpose of reviewing and correcting the assessment of said city
for the year 2009. All persons considering themselves aggrieved by said assessment, or who
wish to complain that the property of another is assessed to low, are hereby notified to appear at
said meeting, and show cause of having such assessment corrected.
No complaint that another person is assessed too low will be acted upon until the person
so assessed, or his agent, shall have been notified of such complaint.
Given under by hand this 26th day of February, 2009.
Debra A. Skogen, City Clerk
(Published in the Fridley SunFocus Apri12 and 9, 2009)
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 23, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: James Kosluchar, Public Works Director
Richard Pribyl, Finance Director
Scott Hickok, Community Development Director
Fritz Knaak, City Attorney
APPROVAL OF MINUTES:
City Council Meeting of March 9, 2009.
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Receive Bids and Award Contract for the 2009 Sanitary Sewer Lining Project No. 383.
Richard Pribyl, Finance Director, said the City opened four bids on March 12, 2009. The low
bidder was Veit Specialty Contracting & Waste Management from Rogers, Minnesota, in the
amount of $154,785. Since the amount is within the budget and below our estimate, staff
recommends the contract be awarded to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT TO VEIT SPECIALTY
CONTRACTING & WASTE MANAGEMENT IN THE AMOUNT OF $154,785.
2. Receive bids and Award Contract for the 2009 Miscellaneous Concrete Repair Project
No. 384.
Richard Pribyl, Finance Director, said the City opened six bids on March 12, 2009. The low
bid was submitted by Ron Kassa Construction, Inc., of Elko, MN, in the amount of $57,800.
Since the low bid was within our budget for 2009 and was submitted by a contractor with whom
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 2
we have had favorable past experience, staff recommends the bid be awarded to the low bidder
in the amount of $57,800.
RECEIVED BIDS AND AWARDED CONTRACT TO RON KASSA CONSTRUCTION,
INC., IN THE AMOUNT OF $57,800.
3. Receive Plans and Authorize Advertisement for Bids for the Municipal Parking Ramp
Repairs Project No. 381.
Richard Pribyl, Finance Director, said Ulteig Engineering has prepared design of the initial and
most critical work needed to repair the City's Municipal Center parking ramp. This work was
determined necessary when an assessment of the 20-year old structure was prepared in the fall of
2007. The City has budgeted $45,000 for this work in its 2009 General CIP budget. Staff
recommends Council's approval to advertise for bids for the work.
RECEIVED PLANS AND AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE
MUNICIPAL PARHING RAMP REPAIRS PREJECT NO. 381.
4. Approve 2009 Reappointments to City Commissions.
Richard Pribyl, Finance Director, said with the exception of the HRA, all other commissions
have 3-year terms. Planning Commission Chair Dave Kondrick's term expires on April 1. Mr.
Kondrick was appointed last year to serve the remainder of Diane Savage's term. He would like
to be reappointed.
Mr. Pribyl said the terms of Appeals Commission members Brad Sielaff (Chair) and Matthew
Brown expire on April 1. They would both like to be reappointed. The terms of Environmental
Quality and Energy Commission members Richard Svanda and Martina Nelson expire on April
1. Staff has been able to contact them, and they would both like to be reappointed.
Mr. Pribyl said the terms of Parks & Recreation Commission members Marcy Sibell (Chair)
and Dave Kondrick expire on April 1. They would both like to be reappointed. The term of
HRA member Larry Commers (Chair) does not expire until June 9. We will bring this item to
Council at a future meeting closer to June.
APPROVED THE REAPPOINTMENTS OF THE FOLLOWING COMMISSION
MEMBERS: DAVID KONDRICK, BRAD SIELAFF, MATTHEW BROWN, RICHARD
SVANDA, MARTINA NELSON, AND MARCY SIBELL.
5. Claims (140934 —141109).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 3
7. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower #2 Rehabilitation Project #378
Estimate No. 3 ..................................................................................$ 37,113.50
MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): No one in the audience spoke.
OLD BUSINESS:
8. Resolution and Findings of Fact Denying Use of Park Land for Private Purpose by the
Owners of the Property at 1634 Gardena Avenue, Wayne and Kellie Liepke (Ward 2).
Scott Hickok, Community Development Director, said this item was presented before the
Appeals Commission in September of 2008. This item relates to property at 1634 Gardena
Avenue and is directly related to using park land for private purposes. The Parks and Recreation
Department surveyed the property in this area and discovered there were a number of properties
that had encroachments on to park property. All encroachments have been taken care of with the
exception of this property. The resolution matches the Appeals Commission findings of facts.
This is a public nuisance, using public property for private purposes. The abatement process has
an additional 25% administrative costs associated with the process. Staff would like to declare
this as a public nuisance and authorize an abatement to correct the problem. Staff recommends
Council's approval.
Councilmember Varichak asked if there has been any contact with Mr. Liepke besides
February 23 when Mr. Liepke had contact with staff.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 4
Mr. Hickok said before Christmas, Mr. Liepke called and indicated that he would like to wait
until after the holiday season to go forward with the planning process. He also contacted Mr.
Kirk to discuss some other things. Mr. Liepke said he was waiting for his partner to arrive home,
but to date a plan has not been submitted.
Councilmember Varichak asked what kind of abatement would take place and how much it
would cost.
Mr. Hickok said the Parks and Recreation Department did not get an opportunity to express
what they would like to see in that area. Mr. Liepke was talking about putting in native grasses
but staff did not have an opportunity to evaluate alternatives in that area. If the perennials are
removed, the area would almost be in a natural state. As far as cost goes, it could take about 12
hours at $35 per hour plus the 25% administrative fee which would be about $625.
Councilmember Bolkcom said she was incredibly surprised that nothing has happened since
December 8. The City is trying to compromise with Mr. Liepke and nothing happened. She
asked how much time would be given to Mr. Liepke to do the work on his own if the resolution
were passed tonight.
Mr. Hickok said Mr. Liepke would have 45 days and right now is a good time to transplant
perennials. Anything beyond 45 days would be abatable and the City would take care of the area
and charge the costs back Mr. Liepke.
Councilmember Bolkcom asked what would be done with the area after the perennials were
removed.
Mr. Hickok said staff does not want holes left in the area. Plants would need to be taken out and
fill would have to be put back in.
Jack Kirk, Parks and Recreation Director, said he did not anticipate planting any new plants but
agreed that the holes would need to be filled. The intention is to let the area go natural.
Mayor Lund said if the resolution was approved, it would not give Mr. Liepke the okay to go in
and remove any plants and add native grass.
Mr. Hickok said if Council wanted to give the owner 45 days to take care of things, that would
be okay with staff. The abatement was to occur before September of last year and by virtue of
appeal, extra time was given.
Mr. Kirk said last September he was okay with the homeowner taking plantings out of the area
and he still feels the same way. If Mr. Liepke chose to abandon the plantings, that would be his
choice.
Mayor Lund said maybe an additional item should be added stating that if Mr. Liepke would
like to remove the plant, he would have 45 days to remove plants and vegetation. However, in
no case can anything be dug out or removed without approval of City staf£ If the plantings are
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 5
not removed, the plantings become City property and may be removed and planted in other areas
of the City.
Councilmember Bolkcom recalled that in the normal abatement process, the property owner has
time to take care of the property.
Mr. Hickok said time has been given but final action is waiting on Council's decision. When
Council makes a final decision, the Liepkes will be granted time.
Fritz Knaak, City Attorney, said technically the Liepkes do not have to do anything until the
resolution is passed. When the abatement occurs, the person whose property is being abated will
offer a proposal because removing the plants is an expense to the City and the cost of the
abatement is the property owners' responsibility. The cost is associated with removal of flowers
and there would be costs charged back to the property owner. The way to avoid the abatement
charges is to remove the plants themselves. Technically the plants belong to the City because
they are on city property. If the Liepkes remove the plants themselves, the City does not have to
spend staff time and the cost will not be accessed to them. The City has been very flexible and
offered the Liepkes the opportunity to remove the plants without penalty. The amount of the
abatement depends on the amount of plants that need to be removed. It would be best if
something can be worked out with the Liepkes.
Councilmember Barnette said if the Liepkes decide to leave the plants and the City decides to
remove the plants at a later date, would there still be a charge to Mr. Liepke to remove the plants.
Councilmember Bolkcom asked why the City would wait to remove the plants. If the
abatement process goes through, the City should take care of the plants now.
Attorney Knaak said technically the plants are on the park property and requiring their removal
and is abatable. The abatement cost would be assessable to the Liepkes. The City has
alternatively offered the owner the option to remove the plants themselves.
Councilmember Bolkcom thought this should be treated like anything else. The Liepkes should
be given 45 days to remove the plants and if the plants are not removed, they will be charged for
removal of the plants.
Councilmember Saefke said another problem was that Mr. Liepke was cutting the grass as a
private yard. A large part of the abatement is to quit maintaining the property. Leaving the
plants was an option. The plantings do have value, so whether the plants are sprayed with
Roundup or are transplanted, it would be a park decision.
Councilmember Barnette said if Mr. Liepke does not do anything to the property and a year
later the City decides to remove the plants, would the City then charge the property owner?
Mayor Lund said it is the City's decision and the City would have the right to charge the owner.
Councilmember Bolkcom said in all fairness, this should have been taken care of in September.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 6
Mayor Lund said Mr. Liepke had until tonight to bring forth a plan to take out the plants and
plant some native grass.
Wayne Liepke, Property owner, said originally, he thought the plants that were currently there
would stay. He called Mr. Kirk and Mr. Kirk said the City would remove plants that were left
behind. Mr. Liepke said he understood from the resolution the plants did not have to be
removed. Originally, the resolution just involved the hard scape items. There was no talk about
the abatement of the plants. Letting the plants stay would be somewhat of a compromise.
Mr. Liepke said he did not want to remove everything and have to replace it with something
else. That is why he did not come forward with a proposal. He said he was open to Mayor
Lund's proposal of removing everything that needs to be removed in 45 days.
Councilmember Bolkcom said she was surprised after the meeting on December 8 that a plan
did not follow and no communication was made with Mr. Kirk She asked if there was some
kind of misunderstanding.
Mr. Liepke said he was naive on how much time things take but the decision was already made
by Mr. Kirk for all plants to be removed. At that time he said he decided that he would not come
up with a proposal as it seemed the plan had already been decided.
Mayor Lund said that on February 27, Mr. Liepke was supposed to talk with his partner and
discuss a proposal. It was clear that a proposal would be submitted and an agreement would be
made on which plants could stay and which ones would be removed.
Mr. Liepke said that at the time of the proposal, he thought the plants could stay and he just
could not garden there anymore. That was when he proposed to plant some natural grasses to
add to the plantings.
Mayor Lund said Council will give Mr. Liepke 45 days to remove the plants and discuss with
Mr. Kirk which plants can stay and which ones have to be removed. Mr. Liepke is fully aware
tonight that if there are things that need to be done, it would be at Mr. Liepke's expense. Any
plants not native to the area will have to be removed.
Councilmember Bolkcom said that Mr. Kirk heard that a proposal would come forward. Too
bad Mr. Liepke did not contact a Council member if he understood something different. A
compromise could have been worked out. It will be difficult at this point to figure out what
should go and what should stay.
Richard Pribyl said that he heard from Mr. Kirk that most of the perennials are not native to the
area and will need to be removed. The vegetation is not native to the area and it is staff's
recommendation to remove all plantings from the area.
Councilmember Bolkcom said that is why Council asked for a plan to be worked out.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 7
Mr. Hickok said it is City property and if the Parks and Recreation Department decides to take
out the plants, they can. Mr. Liepke relinquished his rights to the plants. None of the plants are
native to the park and will not successfully blend in with the area. An alternative plan was never
discussed with staff and Mr. Kirk never wanted any of the plants left on the site.
Mayor Lund said Mr. Liepke said he understood that within 45 days, he will take out what he
wants and he will be charged for the removal of anything that is left.
Mr. Kirk said that hosta plants could be removed and replanted where they would be more
appropriate. He said when he spoke with Mr. Liepke at the end of February, they discussed that
some of the plants could be moved to some of the City parks. He never told Mr. Liepke the
perennial gardens could stay there.
Councilmember Bolkcom said the City would not have to remove the plants if they were not
there in the first place. If the natural state is the goal and the plants are not removed, Mr. Liepke
should be charged for the removal of the plants.
Mayor Lund said if Council approves, the charge to remove the plants will be abatable. Mr.
Liepke said he understands it is an abatable charge. Ultimately it would be best if the property
owner contact staff and if all the plants have to go, Mr. Liepke takes care of it. If the City
removes the plants the cost will be charged to Mr. Liepke.
Councilmember Barnette asked about Numbers 2 and 6.
Councilmember Bolkcom said that those are in the findings of facts.
Attorney Knaak said the resolution would be better without Items 2 and 6, but it is not
necessary.
Mayor Lund said that Mr. Liepke understands that abatement means charges to him.
Councilmember Bolkcom asked about the 45 days and if something would need to be put in
there in writing or if that is normal procedure.
Attorney Knaak said if Council wanted to protect the owner they could say the abatement will
not be enforced for a period of 45 days. It will survive without it but there is no harm in being
clear. The language of "no abatement by the City shall be taken for 45 days from the date of the
resolution" could be added.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-18. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 8
MOTION by Councilmember Varichak to add No. 9 to the resolution as follows: "No
abatement by the City shall be taken for 45 days from the date of the resolution." Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
9. Resolution Authorizing Changes in Appropriations for the 2009 Budget for January
through March, 2009.
Rick Pribyl, Finance Director, said over the past 60 days the City Manager, department
managers, and Council met to discuss budget adjustments needed because of cutbacks in State
LGA funding for 2009. The LGA reduction amounted to $545,761 for 2009. The budget
reductions identified in the attached resolution total $611,041. Staff has also identified revenue
modifications that total $167,000. The revenue modifications will not be adjusted but will result
in a positive variance to actual revenues at year-end.
Mr. Pribyl said the adjustments were based on the following assumptions: there would be no
further LGA cuts by the State of Minnesota; and these changes will allow the City to maintain
the cash balance and working capital projections made during 2008 for the 2009 budget. With
these adjustments, there will continue to be a budgeted $1.6 million General Fund operating
deficit that will need to be addressed in the future by additional revenues. These cuts are
considered to be temporary.
Mr. Pribyl reviewed the revenue adjustments: temporarily rededicate Parks Capital levy to the
General Fund -$107,000, adjust General Fund overhead charge to utility funds -$50,000, other
fee adjustments, including rental inspection fees -$10,000. These changes will result in a
positive variance to revenues at year-end.
Mr. Pribyl reviewed the following expenditure adjustments: health Insurance adjustments -
$117,832, reduction in the Wellness Program -$14,293, Fuels and Lubes reduction -$137,842,
Dues and Subscriptions reduction -$3,854, Transportation reduction -$8,849, elimination of the
Contract Building inspector -$30,000, elimination of the Citizen Survey -$25,000, reduction in
conferences and schools -$44,597, IT depreciation adjustment -$154,169, summer intern
elimination -$19,105, elimination of one Police squad -$24,500, elimination of the University
Avenue corridor maintenance -$25,000, and reduction of the Police IT Consultant -$6,000.
Mr. Pribyl said that the General Fund Adjustments are as follows:
TOTAL REVENUE AD7USTMENTS: $167,000
TOTAL EXPENDITURE REDUCTIONS: 611,041
TOTAL ADJUSTMENTS: $778,041
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 9
These adjustments are considered temporary and the cuts fall short of cutting services and
eliminating jobs. In order to keep offering similar scope of services, the City will need to find
new sources of revenue. Due to the reduction in the General Fund, similar changes were made
throughout the other budgeted funds. The changes are as follows: Cable TV Fund — reduction of
$2,218, Grant Management — reduction of $13,209, Solid Waste Abatement — reduction of $691,
Police Activity — reduction of $125, and Springbrook Nature Center — reduction of $8,452.
Mr. Pribyl said that due to the shift of tax levy in the amount of $107,000 from the Parks CIP
for 2009, the Parks and Recreation Commission recommended corresponding reductions in the
CIP for 2009 as shown on the resolution.
Mr. Pribyl said the possible impacts to City services with these reductions include loss of
mowing of main transportation corridor on University Avenue (MnDOT may cut twice this
summer), less reliability of the Police fleet with one vehicle down, putting more maintenance
stress on other vehicles, staff will not have the opportunity to bring back new innovative
information disclosed at each of the professional organizations of the various disciplines in the
City, and the Parks Capital items will not be completed.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-19. Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
10. Informal Status Reports.
Councilmember Bolkcom said a meeting will be held for the Glen Creek Property Owners on
Apri17 from 630 p.m. to 730 p.m. at City Hall.
Mayor Lund said the Empty Bowls fundraiser is scheduled for tomorrow night from 4:30 p.m.
to 7:30 p.m. There will be a free-will offering and proceeds go to the food shelf.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:42 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
April 13, 2008
Award of ST2009 - 1 Street Rehabilitation Project
P W09-026
On Thursday, April 9, 2009, at 10:00 am, bids were opened for the 2009 Street Rehabilitation
Project. Eighteen sets of plans and specifications were sent out and eleven bids were
received.
A slow-down in the construction industry has led to a very competitive bidding climate for this
season. In addition, during design Engineering staff recognized opportunities for cost savings.
Design adjustments were made to allow the use of recycled asphalt pavement in a MNDOT
approved asphalt pavement design.
The low bid was received from Hardrives, Inc. of Rogers, MN, in the amount of $665,302.83.
The high bid received was $898,647.20. The most recent cost estimate performed by
Engineering was $793,000.
Refer to the attached summary sheet for a breakdown of costs and funding sources, which also
compares the preliminary budget to the revised budget. Approximately $235,000 will be
available from the City's annual State Aid population allocation for off-system use to offset the
street improvement costs adjacent to State Highway 47 and city park frontage.
Recommend the City Council receive the bids and award the 2009 Street Improvement Project
No. ST. 2009 - 1, to Hardrives, Inc. of Rogers, MN in the amount of $665,302.83.
LO/J P K:
Attachments
Pro�osed Contract Award
Bid Costs
The preliminary estimated cost (per the feasibility report) for the entire project and the revised project
costs reflecting changes per the bids received are as follows:
Component
Street Reconstruction
Sanitary Sewer Repairs
Storm Sewer Extensions/Stormwater Mgmt
Water Main & Fire Hydrant Repair/Relocates
Surveying, Material Testing, Design[1]
TOTAL
12/31/08 Bud�eted Cost
$ 795,000.00
$ 30,000.00
$ 50,000.00
$ 10,000.00
$ 40,000.00
$ 925,000.00
[1] Construction Surveying and Engineering costs are estimated
Fundin� Sources
Similarly, the funding sources are updated as follows:
Fundin� Source
Special Assessments
MSAS Funds
Sanitary Sewer Fund
Storm Sewer Fund
Water Fund
12/31/08 Fundin� Source
$ 455,000.00
$ 380,000.00
$ 30,000.00
$ 50,000.00
$ 10,000.00
TOTAL $ 925,000.00
$
$
$
$
$
$
Bid Cost
648,337.74
6,668.59
1,535.27
8,761.23
0.000.00
705,302.83
4/9/09 Revised Fundin�
$ 455,000.00
$ 233,337.74
$ 6,668.59
$ 1,535.27
$ 8,761.23
$ 705,302.83
y �
�_ ��
�y� „a�
�3— xm.=
c u '�
w�n3 dm�
5�430M �I18(ld
31tld01�3k310
Z
O
a
J
�
m
�
�
m
H
U
W
�
O
�
a
z
O
H
a
�
J
m
a
_
w
a'
H
W
w
�
�
�
�
�
0
0
N
�
�
rn
O
0
N
ci
J
�
a
a
�
d
O
�
c
.�
�
v
�
m
v
�
v
L
U
N
v
3
a,
�
�
m
.�
N
N
U
v
�
v
L
U
N
v
a3i
�
E
0
N
0
v
�
v
L
U
N
� =�
_�;, h�-
rn3•. xyc
vq
wm3 ainf
S�410M �IlBfld
31tl4i01�3t310
Z
O
a
J
�
m
�
�
m
H
U
W
�
O
�
a
z
O
H
a
�
J
m
a
_
w
a'
H
W
w
�
�
�
�
�
0
0
N
�
�
rn
O
0
N
ci
J
�
a
a
�
d
O
�
c
.�
�
v
�
m
v
�
v
L
U
N
v
3
a,
�
�
m
.�
N
N
U
v
�
v
L
U
N
v
a3i
�
E
0
N
0
v
�
v
L
U
N
rn
� c
�. �v
c+ 3 v ."+� y `c
wuNi3 acnf
SHklOM �I�9lid
317a01�3t310
Z
O
a
J
�
m
�
�
m
H
U
W
�
O
�
a
z
O
H
a
�
J
m
a
_
w
a'
H
W
w
�
�
�
�
�
0
0
N
�
�
rn
O
0
N
ci
J
�
a
a
�
d
O
�
c
.�
�
v
�
m
v
�
v
L
U
N
v
3
a,
�
�
m
.�
N
N
U
v
�
v
L
U
N
v
a3i
�
E
0
N
0
v
�
v
L
U
N
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
April 13, 2008
Award of 2009 Watermain Rehabilitation Project No. 386
P W09-027
On Thursday, April 2, 2009, at 10:00 am, bids were opened for the 2009 Watermain Rehabilitation
Project No. 386. Nineteen sets of plans and specifications were sent out and seven bids were
received.
The low bid was received from Elllingson Drainage Companies, Inc. of West Concord, MN, in the
amount of $205,036.36. The high bid received was $438,630.00. The most recent cost estimate
performed by Engineering was $283,000.
The Engineering staff was not familiar with Ellingson Drainage Companies and contacted four
references. The references cited acceptable work in metro cities including Blaine, Burnsville,
Lake Elmo, and Elk River. Staff determined that they meet the requirements as cited in the
bidding documents. Ellingson Drainage Companies selected horizontal directional drilling as the
method of construction over pipe bursting.
Staff determined that it would be more cost effective to perform the work using trenchless methods
and allow contractors to provide bids for one of the two approved options. The preliminary
estimate for standard open cut construction was $400,000.
The water main work was separated from the 2009 mill and overlay project, as this specialized
workwould be subcontracted and likely increase the additional overhead premium (typically 10%)
to the trenchless water main installation cost.
Funding for this project is identified in the Capital Improvement Program and is part of a 2009
budget of $600,000. This project is well within the funding amount.
Recommend the City Council receive the bids and award the 2009 Watermain Rehabilitation
Project No. 386, to Elllingson Drainage Companies, Inc. of West Concord, MN in the amount of
$205, 036. 36
LO/J P K:
Attachment
m�= -_
-�� ahf
s�aoM �nena
310tl01038I0
Z
O
F
Q
F �
J Q
m
Q � O
� O W M O
0-'
K J W Z O
1i7FFN
LL ro Q U {y
0 F � ' J
�Da'
U m N a Q
�v
w 3
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
April 13, 2009
PW09-028
Receive Plans and Authorize Advertisement for Bids for Water Tower No. 1
Rehabilitation, City of Fridley Project No. 382.
Water Tower No. 1, located at the Commons Park Water Filtration Plant, is in need of maintenance
to its coating system. The coating system on a tank is an integral part of maintaining the tank's
structural integrity. An internal and external inspection of the tank, completed last month, revealed
the following:
1. The interior coating, applied in 1991 with a 15 to 20 year service life, requires
reapplication. 2 to 5 percent of the coating is failed below the high water line and 20 to 40
percent is failed above the high water line.
2. The exterior coating, applied in 1991 requires reapplication due to chalking and
deterioration. It is more economical to apply both interior and exterior coatings at the
same time.
3. Miscellaneous structural and weld repairs are needed (which is typical) on the interior and
exterior.
4. Upgrades are required, including removal of painters rigging couplings, installation of a
tank bowl drain, and replacement of manhole gaskets.
5. There is no lead paint detected on the existing paint systems.
In general, the project consists of repainting the existing 0.5 Million Gallon Elevated Reservoir, and
providing miscellaneous structural repairs, related work, containment, and all associated work to
address the needs listed above. Prevailing wage requirements are included in the contract
documents.
We are intending to receive bids on May 12, and work will commence in June 2009. The estimated
cost of construction for the project is $580,000. The project will be financed through a Water Fund
Bond issue, paid by water rates that support this project. There is $600,000 in the CI P budget for
2009 allocated to this project.
Engineering staff recommends authorization to advertise for bids for the work above.
JPK:jpk
�
�
�rr aF
FRIDLEY
Name
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
Appointment
Starting
Position Salary
Start
Date
Replaces
Richard Public Services $17.28 April 14, Bradley
Jones Worker — Sewer per hour 2009 Furlong
Non-exempt
� AGENDA ITEM
� COUNCIL MEETING OF APRIL 13, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
141110 - 141367
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 13, 2009
�°F LICENSES
FRIDLEIF
Type of License Applicant Apppraval
FOOD 7DH Inc./ Chanticlear Pizza Communit Develo ment
Joel Dean Hunt Fire
Police
PKS Inc./Subwa Moore Lake Communit Develo ment
Pe K Schmitz Fire
Police
Ben Thanh Market Communit Develo ment
Jennifer N u en Fire
Police
AHN Enter rises LLC Communit Develo ment
DBA Seoul Foods Fire
K un Ahn Police
Bon Appetit Medtronic Community Development
HQ Cafe Fire
Fedele Bauccio Bon A etit Police
Mana ement Co.
Bon A etit Medtronic Communit Develo ment
7000 Employee Cafeteria Fire
Fedele Banuccio Bon A etit Police
Mana ement Co.
Marico a Mana ement Inc. Communi Develo ement
dba Zanti o Fire
Donald P. Kaelble Police
T e c�f License A licant A�oval'
FOOD Wend 's Communit Develo ment
Daniel0 itz Fire
Police
Bosnian Su ermarket Communit Develo ment
Sanel Hoso Fire
Police
Bob's Produce Communit Develo ment
Michael Schroer Fire
Police
LTF Club O erations Co. ,Inc Communit Develo ment
Life Cafe Lifetime Fitness Fire
Eric Buss Police
Fourteen Foods dba Communit Develo ment
Dai Queen Fire
Matt Frauenshuh Police
Border Foods Inc Communit Develo ment
Taco Bell #20117 Fire
Lee En ler Police
Grand a's Ice Cream Communit Develo ment
Michael Simmons Fire
Police
Fridle Alano Societ Communit Develo ment
Timoth J Kubacki Fire
Police
T e c�f License A licant A�oval'
FOOD AND TOBACCO
Mr. Discount Tobacco Communit Develo ment
Bilar Haidari Fire
Police
Wal reen's Communit Develo ment
Mar arita Kellen Fire
Police
FOOD, TOBACCO & GAS
Su er Sto Communit Develo ment
Raees Cohan Fire
Police
PRIVATE GASOLINE
Determan Brownie, Inc Communit Develo ment
Kristine Matson Fire
Police
AUTO BODY/USED CAR
Fridle Motor Com an dba Police
Friendl Chevrolet, Inc Communit Develo ment
Loren S. Holub Fire
USED MOTOR VEHICLES Midwest Car Search LLC Police
Scott S ica Communit Develo ment
SOCIAL CARD GAME Kimberl Satovich-Roussell Public Safet
SERVICE PROVIDER
AUCTIONEER Totino Grace Hi h School Police De artment
G. Gre Bale o
TEMPORARY ON-SALE Totino Grace High School City Clerk
INTOXICATING LIQUOR G. Greg Balego Police Department
LICENSE for 4-25-09 and 11-21-09
T e c�f License A licant A�oval'
RECYCLING & SOLID Aspen Waste Public Safety
WASTE Marv G. Vilka Community Development
Cit Clerk
Veit Dis osal Public Safet
Steven Hal ren Communit Develo ment
Ci Clerk
Walters Rec clin & Refuse Public Safet
Eric P. Sederstrom Communit Develo ment
Ci Clerk
Rand 's Sanitation, Inc. Public Safe
Rhonda Saler Communit Develo ment
Ci Clerk
Ace Solid Waste Public Safet
Dennis Fredrickson Community Development
Ci Clerk
Allied Waste Services Public Safet
Rand Walker Communit Develo ment
Ci Clerk
Veolia E's Service Public Safet
Dave Zieroth Communit Develo ment
Ci Clerk
MASSAGE THERAPY
Samuel A. Petersen Cit Clerk
for Life Time Fitness Public Safet
Deanna Peterson Hawkins Cit Clerk
(for Hawkins Healing) Public Safety
Type of License Applicant Appr�val'
TREE REMOVAL & Terra's Canopies Public Safety
TREATMENT Phili Castano Public Works
Metro Tree & Stum Service Public Safet
Michael Stans Public Works
Western Tree Service, Inc. Public Safet
Dennis Fink Public Works
Central Minnesota Tree Service Public Safet
James R. Savre Public Works
Reliable Tree Service Public Safet
Peter Va ovich Public Works
P. N. J.' S Out on a Limb Tree Public Safet
& Landscaping Public Works
Kimberly A. Richards
Off-Sale 3.2% Malt Liquor Sam's Club #6310 City Clerk
Food and Tobacco Lori Lee Cottrell Police Department
Fire Marshall
Off-Sale 3.2% Malt Liquor Cub Foods City Clerk
Food and Tobacco John Pierce Breedlove Police Department
Fire Marshall
Off-Sale 3.2% Malt Liquor Target City Clerk
and Food Patricia Alden Johnson Police Department
Fire Marshall
Off-Sale 3.2% Malt Liquor Super America 4175, 4199 and City Clerk
Food, Retail Gas and Tobacco 4207 Police Department
Ronald L. Edmiston Fire Marshall
Type of License Applicant Appr�val'
Off-Sale 3.2% Malt Liquor Freedom Mart City Clerk
Food, Retail Gas and Tobacco David Bradley Erickson Police Department
Fire Marshall
Off-Sale 3.2% Malt Liquor 4 Corners Gas & Convenience City Clerk
Food, Retail Gas and Tobacco Steven Haw Police Department
Fire Marshall
Temporary Lawful Gambling Woodcrest PTA City Clerk
Permit Patrick Lil'a Police De artment
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 13, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Air Comfort Heatin & A/C Heatin Jim Hazeman Ron Julkowski, CBO
All Appliance Installation Plus Gas Jason Stevens Ron Julkowski, CBO
Inc
B& B Sheet Metal & Roofing Inc Commercial or Brad Burns Ron Julkowski, CBO
Specialty
Frontier Concrete & Masonry Inc Commercial or Bill Sivanich Ron Julkowski, CBO
S ecialt
Hertz Mechanical Heatin Jeff Hertz Ron Julkowski, CBO
Hidden Falls Inc Excavatin Co Comer Ron Julkowski, CBO
Lakeville Fire laces Heatin Scott Sletten Ron Julkowski, CBO
Lakeville Fire laces Gas Scott Sletten Ron Julkowski, CBO
Neubert & Reed Construction Commercial or Cory Neubert Ron Julkowski, CBO
S ecialt
PT Mechanical Heatin Patrick Hammarsten Ron Julkowski, CBO
Sandmann Si ns Inc Si n Erector Marlene Sandmann Ron Julkowski, CBO
The Snellin Co. Inc. Heatin Rae Kell ren Ron Julkowski, CBO
Visual Im act Si ns, Inc. Si n Erector Terrance Verdick Ron Julkowski, CBO
Yakov Construction & Commercial or Igor Yakovler Ron Julkowski, CBO
Remodelin S ecialt
�
�
C1TY �F
FRIaLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
To: William W. Burns, City Manager
April 13, 2009
From: Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Date: Apri12, 2009
Re: 2009-10 Liquor License Renewals
Debra A. Skogen, City Clerk
Robert Rewitzer, Police Captain
The annual liquor license renewals have been reviewed by staff.
All on-sale intoxicating liquor license establishments, 3.2% on-sale and wine, and club on-sale
intoxicating liquor licenses up for renewal have all provided the necessary insurance, bond, and
CPA statement with supporting documentation pertaining to food to liquor sales as required by
City Code. After reviewing the supplied documentation, it was found these establishments have
complied with the City Code requirement of 40% food sales and 60% liquor sales.
The police review found no major issues that would prevent these establishments from receiving
a renewal on-sale liquor license, with the exception of Baggan's Pub which will be handled as a
separate item. They have provided information per establishment on the number of calls
received, number of police calls per $lOK, calls per service ratio, and whether or not they failed
either of the two compliance checks made in 2008.
Based on the information above, staff recommends approval of the following liquor license
renewals at this time:
■ AMF Bowling Centers Inc dba AMF
Maple Lanes
■ Applebees
■ BAM Inc dba Shortstop - Fridley
■ Billiard Street Cafe Inc dba Two
Stooges Bar & Grill
■ Fridley Grill LLC dba Pickle Park
■ GMME Dough Inc., dba Broadway Bar
& Pizza
■ King's Restaurant
■ Rob Did it Again Inc dba Chris & Rob's
Chicago Taste Authority
■ Fridley American Legion
■ Fridley Knights of Columbus
■ Fridley VFW
�
�
�
CC
�
i�
�
�
I�
�
�
�
��/
Fil
�
�
V
�
i.w
�
�
a"
�
0
rl
1
Q�
0
0
N
00 �
O �i
O1 �
N
O1 � O
� � �
L: �" �
� � O
00
00 ^�
o �
� ,� O
N ^'�
N � �
M � y
�' O �.,
� � �
r.�.l � C�%
6� �
�i. ¢' C�
� �
� V V
C,
�'� C�
C�
6�
�L U �.
V �
6�
C� � O
� .C^C V
..� � bfj
CL�,�
U U �
� O �o "
� �
� �
F� �
� �
'� '� �
� �� .��o
�,. cv
� �' � �. O . �'
� . .'�'C �' N � �
� � � �
� � � � O � � O � � � � •� � �
�". � �". � �," �. 0
C�i c�i c�i c�i �" c�i ��" c�i c�i ���� c�i
. ,
0 0 0� o�� o 0 0,.� ��' o
' G' G' G' � G' ,_, � �' �' c� � cC �,'
' a� a� a� •.. a� '� •.. a� a� a� ,_, a�
'� �� � � � bp � w pp � � � • � 4" �
,� ,� ,� . �' ,� � . �' ,� ,� ,� � w � ,�
U y..i �
�� .Vi .Vi .Vi � .Vi � � .Vi .Vi .Vi � � � .Vi
. . . � . � � . . . .
�� ��� � � � � � � � � � � � �N � �
V'
�
� �� �.' O �.'
� � V ,� �
.0 ��.�,'.. e�......�.. � O � �
6'
UUF� CJ E-�CJ �l
',y
'�" '�'�. CO CO � �O O N l� N
.� .���.�. � y', N O � � N O � O
� � . . . . . . .
�•I '. V 6i4 U�'.
.� Sr ..�. ��, ,� �O 01 l� � M V� CO
�' � <'. V� V� 01 01 N M � �--�
�
��, � V I','�� v'� O O N O �O � c+�
� �. � �� � �. � � � � � � � �
� ...� � �. 69 69 69
'� U,� l� l� � l� N
4.� R! I� � � M � M M �
� a �
�� ���. N Vl �O M 01 �--i Vl �
� '^ M O� O O� CO
� ��. ' �O V'� � N �O O �O �--�
O� � CO O� v N �O O� �O c+'i
���. ��. � � '^ v'� v'� O CO O
' N O � 01 M M �O �O
CC...��. y � � 69 69 69 69 69
E"� ����.U�
���' � �I �'. o 0 0 0 0 0 0 \°
0 v �n l O O �n co �n ,°�
o e� �n ,� �o �o �n ,� �n
o� 'r!�
��I'�. M l� N � � 01 V� V�
<'� M O M l� N N �O �--�
`.'��.'�� l� O� v'� N �O O� O O
� n I O "� M O�i � � N � �
� � ��. � � ��. ���. 69 69 69 � 69 69 69
O
� z7'a �
t�/1 °}y ��' � �I �'�.. o 0 0 0 0 0 0 0
,� p G)
� o �.���.If� �.'�. � OMO � � � ONO � �
� ��. ���. O CO � v'� M � � v'�
� O�.'� ..�.'��.'�. N � v'� v'� � l� O O
G% Q I'� ';. r-i O � O� O O� �O M
�W .'� '�'�. � O � CO � �O O l�
. u�. I'�... 'G�� � l� �O l� �O O M v'�
����� � ����.'. 69 �y 69 69 69 �y 69 69
�"p S" �.��. C�.... 69 69
� � �
. � N � �C �C �C �C
a ''' �
� o � �
� � � ^ � � �"
�' �, S �j a, � � aa o � � i �
,V � y �1 '" � Q � � � N � � N � e�C o '�
� � �' ; Z � o °' � •� � � � � � a � � N o � Q
�''� V �� � � �UU� �V-1ti� �"°�� CQ �� ��
�a �� � � � �
C .c an�l d � °�,' ��?3��, � ���, �n���, ��.� � °�.'
G� � � �„ � � `� � °o � � � '� y � o � � � � � � o
� w , , o e� �' � � � � r� r� .� � a'.� A � .� S � � � �
� � CQ�� �Cj '� �W � �� ��� W ^�� CQ q W �W
an
�" � ,'��'','��''° �� �.�000,': °o�:'� s�,°N,'�'' co°°, � �,° �v
���' '�'�� d� d� � d� v-� CQ F� �'" w, ,� s; e� s,
CQ�� F�C�� U' CQoNO �c�n i�°
�
�
6�
�
�
y
�
�
CC
�
�
W
i.
O
�
�
CC
�
\°
0
N
M
"'�
L".
CC
�
�
�
�
�
�
�
�
�
�
U
�"r
O
U
O
�"r
N
�
�"'-r
M
O
�
�
�
�
�
M
69
�--i
�
�
�
�
�
M
69
0
�
�
M
N
�
69
0
�
�
0
�
�
c�i
�
M
69
O
Z
�
� r
�o
0
e� E� �
� o eC
"�
C". � � c�C
�"� S:, � O
,� � � �,
d' ���
� a � �
ro
A � o W
��
o � � �
� V � �
�
��.y
�I
��.y
iN
�
�
�
�
�
�
�
�
�
O
�
a
.ny
�
�
�
�
CC
C�
.�
O
�
�
I�I
�
CC
�
�
C
�
�
�
V
r-'�'i
.�
O
r--�
U
�
�
.�
�
�
� '� �
� � �
� O �
O y.�., O
N
�"r � �"r
N ..�i N
� � �
�"'-r . "��" �"'-r
N � N
.Vi � .Vi
�
p.., C J p..,
� ��
�
�
�
O
U
�"r
N
�
�"'-r
N
O
�
M
�--i
0 0 0
Z Z Z
� �
� � �
o � � �
�� V �
a �
� � o �
•� C� � �
�� ��
�." �O A�] M
� � W �
�
�,
�
0
�
O
0
�
O
�
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
ESTI MATES
Colt Construction Services, LLC
285 Forest Grove Drive
Suite 126
Pewaukee, WI 53072
85th Avenue Trail Project
Estimate No. 2 ...............
$ 113,103.03
� AGENDA ITEM
�
�.�F CITY COUNCIL MEETING OF APRIL 13, 2009
FRIDLEY
Date: Apri12, 2009
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Subject: Public Hearing TA #09-01 Amendments to Vehicle Parking Code Requirements
Background
In recent years, City staff from both the Public Safety and Planning divisions have observed a growing
number of semi-trucks and semi-trailers parking on commercial and residential streets. Staff from both
divisions have been spending more time lately addressing public safety situations resulting from large
commercial vehicle parking on streets and in large commercial/industrial parking lots throughout the city.
Private property owners, for the most part are cooperating with the City to address truck parking on their
private property. Addressing unauthorized truck parking on private sites; however, is often shifting the
truck parking onto the street. Existing code language in Chapter 506 only prohibits large commercial
vehicle parking on "residential" streets. Public safety is often compromised by large commercial vehicle
parking in commercial/industrial areas as well, so staff is recommending a text amendment that would
restrict large commercial vehicle parking on any street in the city.
While in the process of developing code amendment language, staff realized that motor homes parking on
residential streets for long periods of time have generated many complaints each summer. The
current definition of large commercial vehicles in City Code does not include the term motor home. This
is likely due to the fact that the term motor home did not exist when Chapter 506 was drafted years ago.
Staff from both Public Safety and Planning agrees that motor homes should be included in the on-street
parking restrictions. A definition for motor home is therefore proposed to be added as part of this text
amendment.
Staff is also proposing changing the current definition of vehicle in Chapter 506. The terms vehicle and
motor vehicle are used interchangeably in the code currently, but State Statutes have distinctly different
definitions for these two terms. Staff is recommending that we change the definitions in Chapter 506 to
match word for word those found in State Statutes.
Commission Recommendation
The Planning Commission held a public hearing on Apri12, on the proposed text amendment. One
resident attended since she was concerned about what would be considered a reasonable time for a motor
home to be parked on the street while loading or unloading. She also felt visitors should be allowed to
park their motor homes on the street for a few days with permission from the Police Department. After
discussion of the matter, the Commission voted unanimously to approve the amendment as written.
Recommendation
Staff recommends approval of the attached text amendment language to Chapter 506 of City Code for
TA#09-01, which would amend the vehicle parking language to provide new definitions for motor�
home, motor vehicle, and vehicle, and to disallow parking of 12,000 pound vehicles on any
public street. Making this change would improve public safety in Fridley.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE
PERTAINING TO VEHICLE PARKING
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 506.02 of the Fridley City Code be hereby amended as follows:
506.02 DEFINITIONS (Ref. 1043)
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Bus.
"Bus" means every motor vehicle designed for carrying more than 15 passengers including the
driver, and used for transporting persons.
2. Large Commercial Vehicle.
A truck, truck-tractor, tractor, semi-trailer, van, or bus as defined herein having a licensed gross
vehicle weight over 12,000 pounds.
3. Manufactured Home; Park Trailer; Travel Trailer.
A. "Manufactured home" has the meaning given it in Minnesota State Statute Section
327.31, subdivision 6.
B. "Park trailer" means a trailer that:
(1) exceeds eight feet in width but is no larger than 400 square feet when the collapsible
components are fully extended or at maximum horizontal width, and
(2) is used as temporary living quarters. "Park trailer" does not included a manufactured
home.
C. "Travel trailer" means a trailer, mounted on wheels, that:
(1) is designed to provide temporary living quarters during recreation, camping or travel;
(2) does not require a special highway movement permit based on its size or weight when
towed by a motor vehicle; and
(3) complies with Minnesota State Statute Sections 169.80, subdivision 2, and 169.81,
subdivision 2.
4. Motor Home.
"Motor home" means anv vehicle desi�ned as an enclosed piece of equipment duallv used as
both a vehicle and a temporarv travel home. Thev are also called motor caravan.
5. Motor Vehicle
"Motor vehicle" means everv vehicle which is self-propelled and everv vehicle which is
propelled bv electric power obtained from overhead trollev wires. Motor vehicle does not include
an electric personal assistive mobilitv device or a vehicle moved solelv bv human power.
46. Passenger Automobile.
"Passenger automobile" means any motor vehicle designed and used for the carrying of not more
than 15 persons including the driver, and does not include motorcycles, motor scooters, and
buses as defined herein.
�7. Pickup Truck.
"Pickup truck" means any truck with a manufacturer's nominal rated carrying capacity of
three-fourths ton or less and commonly known as a pickup truck.
�8. Residential District.
Means and includes those areas zoned single family dwelling areas, two family areas, and
general multiple family areas (Ref. 552).
�9. Semi-trailer.
"Semi- trailer" means a vehicle of the trailer type so designed and used in conjunction with a
truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried
by the truck-tractor and shall include a trailer drawn by a truck-tractor semitrailer combination.
�10. Tractor.
"Tractor" means any motor vehicle designed or used for drawing other vehicles but having no
provision for carrying loads independently.
311. Trailer.
"Trailer" means any vehicle designed for carrying property or passengers on its own structure
and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor
semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the
weight of the motor vehicle to which it is attached.
�812. Truck.
"Truck" means any motor vehicle designed and used for carrying things other than passengers,
except pickup trucks and vans as defined herein.
�13. Truck-tractor.
"Truck-tractor" means:
A. A motor vehicle designed and used primarily for drawing other vehicles and not constructed
to carry a load other than a part of the weight of the vehicle and load drawn; and
B. A motor vehicle designed and used primarily for drawing other vehicles used exclusively for
transporting motor vehicles and capable of carrying motor vehicles on its own structure.
�14. Van.
"Van" means any motor vehicle of box like design with no barrier or separation between the
operator's area, and the remainder of the cargo carrying area, and with a manufacturer's nominal
rating capacity of three-fourths ton or less.
�15. Vehicle.
���4e�e�Vehicle" means ., o�� r ro��o,a ..o�,;,.�o ,,,,� „ o,-.,�o,a o r,.�„�;..o�., , .,;�,-,,.,,a �,-.,,.�,�
> > > >
��°��Everv device in, upon, or bv which an�person or propertv is or mav be transported or
drawn upon a hi�hwav, exceptin� devices used exclusivelv upon stationarv rails or tracks.
Section 2: That Section 506.13 of the Fridley City Code be hereby amended as follows:
506.13. PARKING REQUIREMENTS (Ref. 1043)
6. No person shall park or leave standing a truck tractor, semitrailer, bus (except for school
buses during normal operation of their weekdav routes� a�t�zc2�? �;nn „,,, „�,a n.nn „,,, ,.�
�°°'��'��� m�rr�r�°`, manufactured home, ��r'� *r��'°r, *r���°' trailer, motor home or truck having
a licensed gross weight over 12,000 pounds, whether attended or unattended, upon, the public
streets in any zonin� r°°'�� district unless in the process of loading or unloading and then
only for such period of time necessary to load or unload (Ref. 552, 741).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: April 1, 2009
First Reading:
Second Reading:
Published:
�
�
CffY OF
FRIDLEI'
TO:
From:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 13, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Scott J. Hickok, Community Development Director
April 13, 2009
PW09-029
Resolution Supporting a CDBG Funding Application to Anoka County for Traffic
Signalization Improvements at East River Road and 61St Way NE
As we discussed at the March 23, 2009 City Council meeting, Anoka County has made some funding
available for upgrades to the signal at 61St Way and East River Road. The funding is made available
through a special allocation of Community Development Block Grant (CDBG) funds.
This signal was installed at the request of School District 14, and they currently pay for the annual operation
of the signal. Concerns regarding the northbound left turning movement into the school, and future
southbound left movements into the proposed Northstar Rail Station were expressed to Anoka County.
They had not budgeted for upgrade of the signal.
Under their standard cost share agreement, the City of Fridley (and possibly School District 14 in this case)
would be responsible for 75% of the cost of the signal upgrade, estimated to be between $300,000 and
$500,000 by Anoka County. Scott Hickok, Community Development Director, was contacted regarding this
CDBG funding opportunity for up to $300,000. Anoka County has advised that they would share
proportionately in the costs that exceed available CDBG funding.
Anoka County is currently in the preliminary analysis and design phase for this project. They will be
performing the design and construction engineering if the project moves forward. We anticipate a decision
on moving the project forward can be made at a time when design is complete enough for a cost estimate,
and funding allocations have been made.
Staff recommends the City Council approve the attached resolution that supports the request for funding.
JPK/SJH:jpk
Attachment
RESOLUTION NO. 2009-
RESOLUTION SUPPORTING AN APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT
WHEREAS, the City of Fridley, Minnesota (the "City") has identified its housing and community development
needs; and
WHEREAS, the City believes that those needs can be met by the Community Development Block Grant (the
"CDBG Program") that is administered by Anoka County, Minnesota, and
WHEREAS, the City has identified a potential project for CDBG funding,
WHEREAS, the City notes that upgrades to the Traffic Signal at 61St Way and East River Road would provide
community needs including improved safety in access to both Stevenson Elementary School and the Fridley
Northstar Rail station,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as
follows:
1. The City Council approves of the application for funding for CDBG funds from Anoka County for the
Traffic Signal Upgrade at 61St Way and East River Road.
2. The City Council supports City staff's application to Anoka County for said CDBG funds.
3. The City Council authorizes the Mayor and City Manager to execute all documents necessary to
secure said CDBG funds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF APRIL,
2009.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
APRIL 13, 2009
To: William W. Burns, City Manager
From: Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Debra A. Skogen, City Clerk
Date:
Re
April 9, 2009
Approval of Hotel/Motel License for LivINN Suites with Conditions
On April, 14, 2008, Council reviewed and considered the renewal of the hotel/motel license for
LivINN Suites. The police department had raised concerns with the hotel and the high number of
police calls for service and was aware of criminal activity occurring on the licensed premises.
Council approved the renewal of the license with the condition of a six-month action plan prepared
by the police department (see attached six-month action plan). A revocation hearing was also
scheduled for November of 2008.
On November 17, 2008 Council held a revocation hearing regarding the license for LivINN Suites.
At that hearing Council allowed LivInn's license to continue, continued the conditions of April 14,
and directed staff to provide a report with their license renewal in April of 2009.
Police Department staff has met monthly with LivINN Suites management over the last year and
outlined steps to reduce the incidence of criminal activity occurring on or related to the property.
Management was responsive to Police concerns and the tone of the meetings was positive.
Over the course of the last year, the number of police calls was lower than the previous year. Many
of the police calls were initiated by the police department and the seriousness of the police calls
were diminished. LivINN management and staff were very cooperative and complied with every
request we made.
Staff recommends a motion approving LivINN Suites 2009-2010 hotel/motel license with the
following conditions:
1. The City expects continued reduction in the number of calls for police service and further
diminution in the seriousness of incidents.
LivInn Suites
Page 2
2. LivINN Suites will not accept cash payments for any room rental. All room stays will be
charged to a credit card. Currently, overnight rentals may be paid in cash and backed up
by a credit card on file;
LivINN Suites will comply with the registration requirements of Minnesota Statutes
Chapter 327. Hotel staff will gather all personal identification on each guest and provide
that in a format that allows police to check registered guests for wants and warrants;
4. LivINN Suites will review websites and other media commonly used by prostitutes to ply
their wares and compare their photos and other features against their current guests;
5. The City expects continued cooperation from LivInn Suites staff;
6. Staff will to meet with LivInn staff on a quarterly basis;
7. Staff will provide a report to Council on a quarterly basis;
8. Any significant changes in the operation of the business or in the overall order, peace and
safety at the location could result in immediate action by the city;
9. Any serious crime may result in immediate license action by the City.
LivInn Suites
Comparison of calls for service for years 2007 and 2008
ncident T e 2007 2008
Total Calls For Service* 122 105
obbery and Assault 9 1
ssaults 10 4
Criminal Sexual Conduct 0 1
rug Related Calls 17 3
rostitution Related (mentioned in report) 2 1
amage to Property/Theft/Auto Theft 27 19
isturbance/Disorderly Conduct 16 20
edical/Crisis/Welfare Checks 14 9
Suspicious Activity 13 6
Civil Disputes & Public Assists 9 21
omestic Situations 8 3
raud 7 3
arrant Arrest 2 14
*The sum of the numbers of incident type does not match the total number of
calls for service. Some calls for service included more than one incident type.
Page 3
LivInn Suites
Six-Month Action Plan Attachment
Page 4
1. LivINN Suites will no longer accept cash payments for any room rental. All room stays
will be charged to a credit card. Currently, overnight rentals may be paid in cash and
backed up by a credit card on file;
2. LivINN Suites will comply with the registration requirements of Minnesota Statutes
Chapter 327. Hotel staff will gather all personal identification on each guest and provide
that in a format that allows police to check registered guests for wants and warrants;
3. LivINN Suites will review websites and other media commonly used by prostitutes to ply
their wares and compare their photos and other features against their current guests;
4. LivINN Suites management will meet with police staff monthly for the next six months
to review police reports and to evaluate the effectiveness of policy and procedure
changes, making modifications where indicated;
5. The Police Department will continue increased surveillance and enforcement efforts on
and around the hotel.
6. The Police Department will offer training in the recognition of drug activity and other
illicit conduct to LivINN Suites staff;
7. Staff will provide monthly updates to Council summarizing police calls and any noted
improvement in the overall operation of the hotel.
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
April 13, 2009
To: William W. Burns, City Manager
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Donovan Abbott, Public Safety Director
Date:
Re
April 10, 2009
Intoxicating Liquor License Issued to William J. Bisek of JWBB Inc dba Baggan's
Pub Located at 3720 East River Road
A public hearing was held on August 11, 2008 and continued to September 15, 2008 to consider the
revocation of the liquor license for JWBB Inc. dba Baggan's Pub located at 3720 East River Road.
The City Council approved continuation of the liquor license with stipulations. Mr. Bisek certified
he received and acknowledged the stipulations that were place on his license. The liquor license is
now up for renewal and Mr. Bisek has provided the required fees, applications, bond, insurance and
CPA statement about his gross food and liquor sales.
Upon reviewing the information provided by the CPA, as shown in Attachment A, it appears he has
met the minimum food sales; however, when comparing all of the liquor establishments in the City,
Baggan's Pub has approximately the same level of gross sales as King's Restaurant which is only
open until about 9:00 p.m. daily. When asked about the sales figures, Mr. Bisek said there were
difficulties last summer with Zanzibar/Klub Africa and after they left, his business was down and he
agreed the sales from the Zanzibar/Klub Africa operation were most likely not included in his gross
sales revenue figures. In addition, he has met stipulation number 5 of the letter dated September
15th, and has paid his delinquent property taxes to Anoka County.
The Police Department has done their background investigation, as shown in Attachment B and are
recommending non-renewal of the license. The Police Department is very concerned about the
operation of the business and the public safety concerns due to the recent escalating police calls and
violence at Baggan's Pub.
Staff is not confident the revenue accurately reflects the business, believes they have violated two of
the stipulations directed by the City Council on September 15, 2008 (by not following the proposed
business plan and allowing another business to conduct business on his premises) and is very
concerned about the escalating public safety concerns at this establishment. Based on this
information, staff recommends non-renewal of the liquor license.
d
�
�
�
V
�
�
�
N
b�A
�
�
�
P�
�
�
P�
�
�
�
CC
�
i�
�
�
I�
�
�
�
��/
Fil
�
�
C�
�
i.w
�
�
a"
�
�
�--I
1
O�
O
O
N
00 �
O �i
� �
N
O1 � O
� � �
L: �" �
� � O
00
00 ^�
O �
� ,� O
N ^�
N � �
M � y
�' O �.,
� � �
r.�.l � C�%
6� �
�i. ¢' C�%
� �
� V V
C,
� '� C�
C�
6�
�L U �.
V �
6�
C� � O
� .C^C V
... �: �
::� �" ,�
� O �
� O �
O v �
� �
� �
F� �
� �
'� '� �
� �� .��o
�,. cv
� �' � �. O . �'
n ' ''c�'C �' N � �
N � N '� � U
� � � �o ��o� � �����
� � � � � �. �
r� � � �" ��"� � ��'���
. .
0 0 0� o�� o 0 0,.� ��' o
' G' G' G' � G' ,_, � �' �' c� � cC �,'
a� a� a� •.. a� '� •.. a� a� a� ,_, a�
� � � bp �w r,p � � �• �4" �
,� ,� ,� . �' ,� � . �' ,� ,� ,� � w � ,�
U y..i �
�� .Vi .Vi .Vi � .Vi � � .Vi .Vi .Vi � � � .Vi
. . . � . � � . . . .
��� � � � � � � � � � � � �N � �
V
G�
�.' O �.'
� � V ,� �
��.•C �ti.. �....... � 0 � �
�
� � � � H � �
�
�" �� '�. CO CO � �O O N l� N
�.., � � '� � ��... N O � � N O � O
� � . . . . . . . .
��. �I V 6i4 U�'.
't" '�. �--� �O 01 l� � M V� CO
Ai . ., V� V� 01 01 N M � �--�
�
�, � �, � '�. v'� O O N O �O � m
' 0 y ... � � � � � � � � �
...� � � �. 69 69 69
U,� l� l� � l� N
. 4 � CCS � � � M N M M '�
� a �
���. N V� �O M 01 �--� V� �
� '^ M O� O O� CO
��. � '� �O V'� � N �O O �O �--�
� O CO O� v N �O O� �O c+'i
..� � � '^ v'� v'� O CO O
'� N O � 01 M M �O �O
��.CC y � � 69 69 69 69 69
H �
�'�'" � �'. o 0 0 0 0 0 0 \°
��. 0 v '�. v'� l� O O v'� CO v'� �
o e� �n ,� �o �o �n ,� �n
o� r!1
'� M O M l� N N �O �
I'�� l� O� v'� N �O O� O O
V1 ��. ,Sr <'. M � M �O � M CO M
���. � O� �"'� M 01 ^ l� N M 69
� �� � � � � � � �
� � � �t
� �7 'a" �
t�/1 �'°'" � �'�.. o 0 0 0 0 0 0 0
� p G�
� ��. o If� '. � OMO � � � ONO � �
���. ���. O CO � v'� M � � v'�
��� O... ...I'�. N � v'� v'� � l� O O
�' Q ''� � O � O� O O� �O M
���. W '�. � O � CO � �O O l�
. u� '. � l� �O l� �O O M v'�
��� � �.'.69 �y 69 69 69 �y 69 69
i�l ��. Fy�„�i � 69 69
� V �
. � c� � �C �C �C �C
�' ' �
� o � �
� � � ^ � � �"
�' �, S �j a, � � aa o � � i �
. V � y ^ � Q � ,.��., � N � .� N ,.��., � o ' .�".
y� � �, � � o °' �•�, �� � � �a � �N o �Q
�;� U �� � � � UC7� �U-1,�d �"0�� CQ �� �'�
�a �� � � � �
C .c an�l d � °�,' ��?3��, � ���, �n���, ��.� � °�.'
G� � � a, � � `� � °o � � � '� � � o � � � � � � o
� ,w o � '�'' y � � � r� r� .� � a'.� A � .� S � � � �
� � CQ�� �Cj '� �W � �� ��� W ^�� CQ q W �W
�" � ,'�'','�''° �� �.�000, �: °o�:'� s�,°N,'�'' co°°, � �,° .�v
�'� �'�� d� d� � d� v-� CQ F� �'" w, ,� s, e� s,
CQ�� F�C�� U' CQoNO ��c�n i�°
Baggan's Pub
TO: RICHARD D PRIBYL
DEBRA A. SKOGEN
FROM: DONOVAN ABBOT
ROBERT REWEITZER
DATE: APRIL 9, 2009
RE: BACKGROUND 1NVESTIGATION
RENEWAL APPLICATION JWBB, 1NC. DBA BAGGANS PUB
Page 3
Attachment B
The City of Fridley Police Department does not support the renewal of this liquor license. The
reasons against renewal are outlined below.
Prior to Mr. Bisek's acquisition of the Sha� property located at 3720 East River Road in late
2006 (initial liquor license issued 02-12-07), he contacted the city to discuss options for
operating a new license establishment on that site. During communications with Mr. Bisek, staff
advised him of concerns the city had with the previous operation of Sha�. Public Safety
Director Abbott cautioned Mr. Bisek about operating a business similar to Sha� on that
property. Mr. Bisek's original application for liquor license and his statements at the public
hearing in support of that license provided a business plan wherein Baggan's Pub would operate
a bar and grill in the south side of the premise with a dinner theater in the north half. Mr. Bisek
tried to enter into an agreement with Oops! Dinner Theater, but it fell through; and Mr. Bisek
tried to operate his own dinner theater for a short period of time.
In the summer of 2008, City staff became aware of a new operation at Baggan's Pub involving
another business operating their own club on Baggan's property. Council held a public hearing
on August 11, 2008 which concluded on September 15, 2008, to consider revocation of the
liquor license. Council allowed Mr. Bisek's liquor license to continue with conditions. These
conditions were summarized in a letter to Mr. Bisek by City Finance Director Rick Pribyl dated
September 25, 2008, as shown in Attachment 1. Among the conditions placed upon Mr. Bisek's
license was a requirement he operate his business as stated in the original liquor license and he
not allow another business to operate and hold special events. It now appears Mr. Bisek has
once again allowed another business to organize events on his premises and the overall operation
of the establishment is once again similar to the previous establishment Sha�. Based on this
information, this has once again raised public safety concerns.
Fridley police have noted an increase in calls for service to Baggan's Pub since the first of the
year. Of specific note is the weekend of March 21 st and 22nd when police responded to four
calls for service including two felony assaults. Following another incident occurring on March
27, the police department communicated concerns about the current operation to both Baggan's
manager Jeremy Bisek and owner Bill Bisek Mr. Bisek requested a meeting with city staff
which occurred on April O1, 2009. During this meeting Mr. Bisek expressed concern over
problems caused by current patrons of his business. He described his current operation as being
Baggans Pub
Page 4
primarily the sports bar and grill on the south side of the premise with special events such as
birthdays occurring on the north side. He also stated that at times a spillover crowd would
occupy the north side. Mr. Bisek told staff he was not running a club on the north side. As our
meeting progressed, it became apparent the north side was more involved in the business
operation than just special events. Director Abbott informed Mr. Bisek Fridley officers had
reported the current Baggan's operation was very much like the previous Sha� operation at its
peak Mr. Bisek admitted he was using the north half of the business fairly regularly on
Wednesday through Saturday nights for events including ladies night and dances involving a DJ.
The suspect in one of the felony assaults occurring on the weekend of March 21 was reported to
be associated with a motorcycle gang known as the Zodiacs. Director Abbott asked Mr. Bisek if
he was familiar with the suspect and if the suspect was employed by him as a doorman or part of
his security staf£ At this point Jeremy Bisek stated he did not know the names of all of their
security staff but that they all had street names. Director Abbott cautioned Mr. Bisek and Jeremy
about allowing gangs to establish their turf at the business.
Toward the end of this meeting City Clerk Skogen asked Mr. Bisek to comment on the relatively
low gross revenue reported on his 2009 - 2010 license renewal application. During this part of
the conversation Director Abbott asked Mr. Bisek if the revenue generated by Zanzibar/Klub
Africa at his club last summer was included with this revenue reported on his current application.
Mr. Bisek answered that he did not think it was.
Following this meeting, staff looked further into operations at Baggan's Pub. Baggan's website
indicated the establishment was operating both sides of the business, with the North Side being
operated as a weekly club between Wednesday and Saturday nights, as shown in Attachment 2.
Baggan's website indicated a promotion company (Bachelor Boy Entertainment) was operating
the entertainment. A check of this company's website revealed an advertisement directing
customers to contact the promotion company to schedule birthday parties and VIP events at
Baggan's Pub. The name of the Saturday night event is Club AO, with AO standing for Adults
Only. The advertisement also links Baggan's to Club AO.
Following this meeting, a Fridley officer familiar with area street gangs reported the doormen
and security staff at Baggan's Pub included members of the Gangster Disciples street gang. This
information was subsequently communicated back to Mr. Bisek Director Abbott asked Mr.
Bisek if he had all of the required documentation (W-4s and I-9s) on all of its employees
including its doormen and security staf£ Mr. Bisek stated that he had some but not all of it. Mr.
Bisek has communicated he is currently working on obtaining all of that information.
Overall calls for service at Baggan's Pub show an increase for the first three months of 2009
over the same period in 2008, as shown in Attachment 3. Fridley police responded to seven calls
for service at Baggan's in the first three months of 2008 and have responded to 18 calls for
service during the first three months of 2009. If calls for service continue at this rate, police will
respond to approximately 72 calls for service this year as compared to 32 calls in 2008 and 35 in
2007.
Baggans Pub Page 5
In summary, staff believes the current operation of Baggan's Pub is very similar to the operation
of the former Sha� nightclub with indications of a return of the same public safety issues.
While most of this activity is very recent and therefore not great in volume, the police
department believes if left unchecked, this activity will once again reach the level experienced at
Sha� in both volume and severity. Further, staff believes Mr. Bisek has violated the condition
stated by Council in their September 15th meeting requiring him to operate as specified in his
original application. And, also contrary to the conditions stated September 15, staff believes
once again another business is operating a club in the north half of Baggan's. As this places a
substantial portion of Baggan's operation outside of his direct control, he cannot assure the City
he is able to adequately manage public safety concerns. Therefore, the police department is
opposed to the renewal of his liquor license and subordinate endorsements.
Attachment 1
I, Willia�n W. Bisek, owner of .IWBB Inc, d�a Baggan's Pub located at 3720 East Rivex Road,
Fridley, Minnesota, 55432 in Anoka County, Miru�esata, do hereby swear that I received the
Ieiter dated Septe�nber 26, 200�, from Richaxd D. Pribyl, Fir�ance Director o� the City of Fridley,
stating ihe stipulations placed on my inioxicating liquor Iicense during the pu�Iic k�earing an
Se�ternber i 5, 20p8.
/� a �
D�ea: . ..
�tate of Minnesota
County of
Subscribed, sworn and acknowledge before me on this � day af ��, 20�,
� �
(
Naiary Public
My Commissian Expir� �on --
(seal)
,�. , �.�sa �. w���o
,�-�
;�' 1�- Notary Public
Minnesota
' My Commission Expires January 31, 201�
�i�� �����"� ��fie�
a�te �������a IA � rs-��
Far�a�d i� �--- -- �..,�
�opy ��
C[� �F
FR��]L�
FRIDLEY MUNiCIPAL CENTER • 6431 UNIVERSITY AVE. N.B. F12TDL�Y, MN 55432
(763} 571-3450 • FAX (763) 571-1257 • TT17/'T"I'Y (763) 572-3534
September 26, 2008
William W. Bise�k
JWBB, Inc. dba Baggan's Pub
3720 East River Road
Pridley, MN 55432
Dear Mr. Bisek,
On Monday, �epternber 15, 2008, the Fridley City Council closed �he public hearing on your
pending licens� revocation. At tlus time the City Canncil will not be revoking your iicense,
however, they have placed. the following stipulations an your current license:
1. To continue to maintain the food to liquar ra�ao.
2. To work vv�th the police department io provide a sa�e �nvironment for the staff anci
patrans.
3. To have staff c�ntact the police when requested or needed and not just when staff fhought
the police should be called.
4. To have those staff mambers who work in the capaciiy of management apply for a
managerial dispenszng license.
5. TQ pay for his delinquent property taxes.
6. To o�erate his business as ihe original liquor lice�.se stated and that yau not allow another
establish�nent to came in and hold special events,
7. To maintain his business according to City Ordinance.
In additio� to �e stipulations above, you are now on notice, that should anot�ier violation occur
before yonr lic�nse is renewed, you will be brought back befare ihe City Council fo�° revocafizon.
S�ncerely
CITY OF FRI EY
#�"�-@`-� ` .
,
Richard D. Priby�, Finance Director
Cc: City Attorne�
City Council
`o-� 6�� @ � � `k' ``,» o Y4��"3 ^ 43" +; �' v ..... �. ......:.
� � `� �` � � �`��;� ��� �'� ':`�� Y ,,� ��-� �� =� �. ttachment 2
�
.,
� � �,
- � ���_
�, : e � � �, � � � � �
`�; � � �: � � ���� � � � -�� � ��` ` �` � �` � � � � �
, , °
� -� � � � >a � '� `' � � ''� "`e M °�� � -� ; ~�,"�� e �.
:
� � y�
� . �.� , � � �� � .;� 9 ,,i� ,,� � � �,� �
��: u`� �, � � � � 3 � � �
: n .��:� � g :
�''� �"�:S �" �A ��c �`` `i:, �'�,�& ..e'`+ "^� �"�.;_ "� °t' � � ��' a :a: �° °=� � ' � m m'� :..0 � c;a ` m � :^�".�°°�"�'�> °.s��y :y�„�¢,�.
' "'�, �� � � .� �-�, �^� �.,# 's: �:, i"? °+ '§ � "^�_ r�� e:£ °� ma. � r"° �:�g, :�9a^�;.� a e'°- ,e,"'�j
. "Fg '.� ° � . � ^„a � �'" �e;a;a 3 ' s m� „
- `x 5.c-�t� -. ���. { �`� � s �. e
�� �� _ .',"S ��� a�; � � +� � � -i° � m �+�YY�� � �� � � ' • �� �`d^� �
�� � � � �°;.�. 's. �. ry £x .. 5f�� am� 84 e
t�
., . ' ° ',� �'� ' .e�. . . �� c. "'"" «: �a-�'°k i,»�a„. . tg`� �" ij-.� . �'s�.; � �
�.�,'�� � � ��..�. � � �4;�ry� `��-°4 � "�y z° �� .:�§° f,. �" ' �`�'� �;
�..:�� � �' � �,, . . �'� ::. . .y � ���" ?c�'
�:
'�" � k' ,��5, .. s� .� `;'' �. ' ���; � ,� -��k � � �': �. � d ° �- »�:r�° �� '�.r
r
sk � .
rc��'a,�{, �ys,�� AY
�; 'h� � ",qk: �.y � � � "°' 'T�i 4 x'a �... °5 Y �n.§ m ?aa � � � � � ««.�°;,��"� ,s £
6
�. �� �; �. '�,��`�. "� � - � _ . � �:�
'� '`� � � °' �� m;� °�
�'�,' � � � � �e.. , ° �. � a - �
�''�'�v'� �'��'� �:� ���"��`��?�� ���`�a�� °�,� � ... �,..9.� � Xv �� e.�.� __ �.�a.�.'� __ v
. �;�_ _. , �a, �
�
�� �`� ' �
��� �
� � �; �,� �.�� �:��
�`��``� �� � �� .
� � � �� ����
�� � ��' ��� �
�� �
� ���
� � ��� KK �
� � � �
�.. �
_ � ,�.. �-� _ : �..�
�
'; �
� �
;� �
� � �
�:.� . � �
�; � �
,�
< .:� . Y�
� � < �
• �
� ' �
� �. :
�� ' �
��� �
�� �
�; ��„'
� �
�:
�� � � ,:
� '°; ,' � .
�� � �: ;:
a�� � ;,
�`: `� "':" � '
�� ' � :
�
��
b � '
� '
�
�� �
� '.
� :
�
'�
���
",� �
��� ; � � �
� �.
� �
�`y '� °; �,��x�?:
e ,�"S �_a �', �t.;'
�Y �J� ;, � ��,� ,�
�
a�, � j� �� �
,. 'e.. ,� �*%q, �. : C'_+ :
��' ���`` e: �;
� ���'� � 3
r� � �
�. �- , �- �. _ � ;�
�� �,.
���
m° �
� � ��
� ��
��
��- .._ .' _ �
;.� ��
,,g :� �
�y %« �y
m� �k
�
� l �
% � � �"�
»3 �+ �
� �" �.r, �°;�
�� �
..� �ar: :.� �
��� �� � �..
� ' .. 9 a : �-�
RN3. E�° e� F � 3,�;,:,�.:
�� r ���� � ��
� f�' � � "�. °°��
�= � [i? � °� � � "� �,�
�.� � � � �' �� � � �
� � � t � � ,.
.. - �.,�
Ca
�� tl... �J � r" .; � �
� � � �
� �d t�i7 �!J +� m � . �'€� s� � .`��""�`
�m s�: � � � �. . �� �. � ::�
� I� L�: L� r;,� � �.. '�;� � �'� -,�
� �_
�; � : �.
� � � � .. ., � : ".. . - . .'
� ., -:1:.9 _
` � � ��� � �
�� � ... �� . ,;
_��������� ���� �5� �.: �i��� �I���.
F
Y��� x��� ����� �l� �� r��r��-�.�r� �� I���
����� �����
��: ��=r�
�
` _ � . �� �
� � �� ;��' �� 8 � .
�I� ��-���'� ��t�`�� ��� ���
����� ���� ����� ���- �����=�� �
-������ ��������
��� �����
-����� ����� � ��-�������
-�����,��� �����,��.����� ��.;�����.��
���� .�� ��� =�
�A� �. ,�• � �"o � . _. .
� ,. �.�: .' � �
��. ��.. .�� � e'4isa" .��1�� � �e.� "� �q.yP .
�. . �, - .:. :ry .. , � g , e .. '.. � :� ls. �'i
i
Y��n� .�^& �� ..��� �N �� • .. . ..�".k��: �
�'' ;� ���� �. � � � � ����'��
��.� ` � °- ' =��,��a��
, x� ,��
. p� ^ � , �° ,
�; �� ,� � :� � :_ . �-:��x ,.
�-� : ;��� `:� � : = �
�.� ���� , �� -� �.��� ����� � � .� �� -, ,
� � . �� -: :; � ��� �
�
' :� �. ,
.�. � ; �� ��
-�����,������ ���� ���:_�. �.���;� �`.����
�.������
� � � �� �������� `'; � ` ��
���������� ����:� ���.����:�.
.��� �� �� ����
�.�:' �' � ,�' . � ' � � "': � �. . � : � � .
�����`�� �� ��� ��������
-���������` �� ���� �� ��� �,��������3��� �������,�
� � .������ ������ �-� ����� ���� ���:���s
. � �� �.��°�� � �'��""� € ����;��°�
��;:� � .:.°:� __ m.� �� E .-€ 0. �.,.�; ,� _
� ;���� �;�� ���� ����:�-��� ���� � �.������
��.6�������-:� .����
� x
��� �� . h ` � ����,�. � -�'.��'�
�� �����:� �� ������
���� ��$�������
� .m�����
����� ' � ��: � �� ��
-����������� �� ���. �. ������ ����
�:KK�����
���
L��d �._�� � ���� ���i.,����� "ff:: q ��'�� $$ ��� :
N�•
����������� ����� ��������.
� ����� �.����£�
. �1 r. ��p���r ���I���i�t� ��R�'
��� �
��`' ,'���'-� � ���'��°°",. •
. � � 1: !� a�- � � � �
.�
���s� �... ��
_� ����� ��;��:�
_ ������� ��� ��.�� ��3��=�� ����� ��� �� ��-�,�
_ ���� ���� ��������
� �:L�� �-;�.����i�
�
!,
�'
�
�
�
�
��
_. — . .
_ _.
� ��.�� �.� _ �� ,.. � � ��� �� �� __ . � �� ,���a � �- � �
�: c ��
,, �
_ � 9
�
m � �
�
, � � �
�� _ ��`..� �� � � � � � � � �
.� a e ��
. .:: � � E �. '. �.. _ �. ��.� . _ ' . _ .
� OE
. . , - � � ��,. � ��}&"4 6 , . , '
����
� ,ry r= " �;,, � K�g �� � �. _
� � � � � E � ' �S g�;��''°�° � � � � � �
� � 4 �°��
� �
� s "+�
�� .....�. . .. . ' ; .. 7 �g ' . ' , .
... � . � � . . . .. ' ..� k �. -' .. � . . . . .
..__,. . ' .-. a_..... -..e.�.�....,.a,;. ._, '. . .
. . . ' . . �_ � . .:�,. '-m .:
. , � . . . � � .. WW � �� . �r�� . � ' �
..-..�.� .•� .
� � ^
�
q_�
,. �:.'. . `3«^�'��'3.«::..9eW.,,., .... " � �.... .
'..' .: . ..........>� '..�'. . � � . � - � �t e ..... � . . . . . . . . .:..«.q e,mvX�;. .
..... _ Y . . ..�. : . � .,. . .
:..: . . '�.: .. ' ..' . . '.. aF� � � ' . .
�':....e,..._-,.,.e.,me, � ' . - ... . ..:. .� . � .. � .. "�°�°�. .
. . - ,- .. �� ; _ .
� . .. q .. °°,�..««�an ""4 F Y4' «..� .- °� � �'�'> � - _
' .� -. . . � �0.� � � � �9«p"� . : :F �� m
' .: _ & ��' �9g '. �m� � �� ^�-^^
� .... .�-: _= � � » �
e`i°
i ��. .: -. _.t � i `g{� •L«� ,�yqm. .. '�.. � -' „„^Y«�,.
- . .. . ty _ _. .
.'.: .- ....,._ �
' .. . . " �:,-� ; '. : ,.._.:�. .
I . .. . . � �$� - . .. .. ..� . . .�: ..:. -. „ .... -. � E . . .
�; . . -_§�' .$ - - . . . . _ . - - _ _ _ .
, ... . .... _ ....
. ... ...'.:.: . . . .
' . �N _�s ' . . . , ' ' . . ' �' ' .
.. . '.. -. . . - .. �. . .
. . .. .� ..... . .. .. . ..` . . � ........ .-.. ....: �'.. ..... ....:.. ...�... ...-........
�i .. . . . . � . . .
� �' ' . . � ��. � . . . . .
� � �-�, =
� . � � .R : . .. .
� il��_ � ,. .. . . . e,�,'a .
� � `� � �' � �.,:: ;� s
��; �_ � _ � �. � . °� '"'m y` �
. sc .� .. - ' � i �"^..� . � 3 _
� . ' �� �� � . ' . � ...... � � �Y� ' '.
k &..Pa �. J�
� � � � �
_^w�, _ _ . � . , � W^ .
�
:�" � ' � - � °�.R � =,
�
;;� � �
�_ _ � a >:
�
_ M
, .. .�_ e ,
_ _ �� ,�, . _ � ��" ��a _
._ � _ �
� ; � � �
�� �� � � ��
� �
� 6 _..._
,,� __ � � � �� �`
.
� •
� � - _
_ _
� �
"�' ;�; - � � �� �� �- `"
� � "� �� �� �
i
� a.... f
. � . . ... ... : . �^.� � ���`!
. � . : �_.. �: ... _ v� � � ,��'�Y..,}& � � '!R}��
aX?'� �. . � +C'
< ° �iv4. • g�" .
. '
'. ' ' ........,...<,..».- . .. . �
i �
- '� . .... � . .. _.. . � -.. � � -
�
_- _ ' � � '.�._ � ? '
� . «.. � - ". . '. ... _. � �
: .. . � > , - �. . .. . �
. ._ .. ' « ' ' .
�6. . " � � :::� �-. �
�� . � _.........., m � L"�"'%`"� � .; �tin.iP � �n '
. � . . .'�� � � � 3 � �°° .
. � . ' � . %w . . . ' ' . .
, - ..... _ .... .-_ -�.
i� �" � " : . . ' . . . . _ . '. � _ ' . .
��
... .z...._
.. .. ' r. . ..-. ... . .' ..- .. . .. .'.. �� . �. ... '. �'" ..� ...... ..
. .. � . . . . .�. . ... . .. " ' . .. .'.. ' � .. .. . . .. . . .. '.... . . '. ..'.. . �� : '- ' '
� �. . -.. � . . �.. . . . �.. .'.. . . � . . . � . ... '.�.. '. . .-. ..'...
� . . . . .. ' ' . . . , .. . - . .
� '. . . - . . . � . � . . . . . . . " . . - ' .
� . . � . . . . ' . � . . . . � .. . . . �
� . . . � ' � . . . . . - . - ' . .. .
�� . . . . . . . . . . . . . . . . , . . .
- � . . . . . . _ . . ... ... - . .. - .
Attachment 3:
JWBB Inc dba Baggan's Pub
372Q East River RoadAvenue NE
Has Late Nght License Endorsement
Liquor Coznpliance Check Resuits: 3-26-08 Pas�ed 19-19-08 Failed
Tobacco Compliance Check Res�lts: 3-21-08 Passed / 9-27-08 Passed
Gambling Compliance Check Results: 10-9-OS Passed
Police Calis for �ervice 2008:
CASE #� DATE TIME ORIGINATION OFFENSE DESCRIPTION
08000125 01/01/2008 0135 FRANKLIN, A PUBLIC ASSIST
08000160 01/01/2008 �206 FRIDLEY POLIC� PROP DAMAGE-MS-i'RIVATE-lJNK
08036621 02/1612fl08 2335 WALTER, D PUBLIC ASSIST
08043037 02/26120p$ 120Q CLELAND, M DIS7URB PEACE-MS-DISORDERLY
08051541 03/07/2008 9148 BAGGANS PUB SUSPlCfON - ALL OTHER ACTfVITY
08052823 03/09/2008 0129 FRlDLEY POLIC� WARRANT ARREST (ADULT}
08062470 03/21/2005 0�29 PASTORECK, N DISTURB PEACE-MS-0ISORDER�Y
08083208 04/18/2008 0149 BAGGANS PUB DiSTURB PEACE-MS-PUBLfC NUfSANCE
08096950 05/02/2008 0122 S1MMS, U LOST - PRQPERTY
08109108 05/16/2008 0204 RUTTER, J MISC PUBLEC - ALL OTFIER
08123816 05/31/2008 0204 BAGGANS Pl1B DfSTURB PEACE-MS-DISORDERLY
08�38217 061151200$ 0232 JACOX, A ACCIDENT - MV HR PD
08148944 06/26/2008 1515 BOKAI, K THEFT-500 OR L�SS MS-BLDG-�TN
08157464 07/0512Q08 0225 BARRY, I ASLT 5-MS-IN��1CT BD HRM-HANDS
08158239 07/06/2008 0047 BUTLER, A MfSC PUBLIC - ALL OTHER
08163808 07/92/2008 0217 BESTMAN, L ASLTS-MS-INFLICTA7TEMPTS h�RM
�8164788 0711312Q08 0044 EL�IOT, A VEH-501-25QQ-FE-PARTS-MO70R VEH
Q81648fi0 07113I2008 0307 DENNIS, N �15TURB PEACE-MS-PUBLIC NUlSANCE
08166177 07/'i412QQ8 9529 KARN, W fNFORMA710N
Q817G123 071251200$ 0653 BAGGANS PEJB PROP DAMAGE-MS-PRlVA�E-UNK
08178062 07/27/2008 0159 JOS�PH, K DISTLJRB PEAC�-MS-0fSORDERLY
08982753 08/011200$ 1040 SCHWARTZ, J DOM ASLT-MS-INFLT BOaiLY H
08227363 Q91� 912008 1700 FRIDLEY POLIC� COMi�LlANCE CHECK - LIQLIOR
08242494 10/06/2008 2303 HERNdON, S ACClDENT - MV NR PD
0$245309 �014912008 2300 THOMPSON, K ASLT S-MS-WFL1Ci BD HRM-HA�fDS
082522$3 10I17/2008 2109 BAGGANS PL1B DISTURB PEAC�-MS-DfSORpERLY
4$284453 11/25/2008 2313 BAGGANS PUB PUBLlC AS51ST
JWBB Inc dba Baggan's Pub
08286�94
082$7330
08290024
08307372
08310063
11128I2008
11129/2fl08
1210312b08
12/26/2008
12/29/2448
0210
1419
0020
0203
2311
BAGGANS PUB
SHELTON, L
HAGER, M
VANLfEW, J
BAGGANS PUB
32 Police Calls for Service in 2008 vs. 35 z� 2007
Sales Ratios 2008:
Gross Food Sales
Gross Liquor Sales
Total.Gross Sales
$306,041
$380,b54
$686,695
ASLT 2-FE-SUBSTAN fNJURY-KNI�'E
TH�FT-500 OR LESS MS-PERSQ
ASLT S-MS-fNFLICT B� HRM-HANDS
ASLT 5-MS-INFLfCT BD HRM-HANDS
WEAPON-FE-RECK DfSCH MUNICIP-FIRE
44.56% of sales
55.44% of sales
100% of saIes
Police CalNs for Service Ratio (total gross sales � nurr�ber of calls}:
$b86;b95 = 32 = 1 call per $21;459 of gross sales =.47 ca11s per $14,000 in sales
Summary:
Taxes delinquent 2-23-09 payoff was $38,952.84
Police have concerns about activity at this business.
4 Highest total nurnber of police calls for service and highest ratia oipolice calls for service
per $10,000 in sales among intoxicating liquor lic�nse holders iri 2008.
� Only 25% of palice calls for sezvice in 2008 originated from business staff.
� 47% of police cails in 2008 occurred between 1:Oa and 3:30 am.
� 28% of police ca11s in 2008 occuzxed between 2:00 and 3:30 am.
� Failed one alcohol corn�pliance check in 2008; also failed ane in 2007 (4-10-07).
.
7WBB Inc dba Baggan's Pub
Police Calls for Service 2Q09:
CAS� # DATE TIME ORIGINATION OFFE�VSE DESCRIPTION
09009844 01/14/2009 {3059 BELISEK, C ASLT 2-F�-SUBSTAf� INJURY-OTHER
090138� 1 09/18/2009 1843 7HOMPSON, W MISCELLANEOUS OFFICER
0901 i039 01/23/2009 0333 GERMA]N, E �MISC PUBLlC - ALL OTNER
09020915 01122120fl9 0200 MOORE, K THEFT-500 OR LESS MS-OTHER
09025417 02/02/2009 2314 FRI�LEY POLICE WARRANT ARREST (ADULT)
09027551 p210512009 1928 BAGGANS PUB CRIM AGNST FAM=GM-NEGLECT
Q9038583 02/20/2009 0156 HANDY, A TFiEFT-OVER 5000 DLRS FE-MT
Q9d38623 02/20/2009 0202 HANDY, A THEFT-500 OR LESS MS-MTR V
09055102 Q311312009 0208 BAGGANS PIJB DISTURB PEACE-MS-DISORDERLY
09055933 03/14/2009 0203 FRIDLEY POLICE DISPLAY SUSPENDEDIREVOKED
09055975 Q3194/2009 0314 BAGGANS PUB i'ROP DAMAGE-MS-PR�VATE-UNK
09062130 03/21/2009 0035 HOLLAND, L DISTURB PEACE-MS-DfSORDERLY
090fi2174 03/2i/2009 012$ RODRIGUEZ, 1� DISTURB PEACE-MS-DISORbERLY
Q9�63052 03122I2009 0046 BAGGANS PUB ASLT 2-fNFLICTS BODILY HARM
09064117 03I2212009 0146 ROSE, R ASLT 3-S118S�AN7IAL fNJEJRY-
09066885 03/27/2009 0200 FRfDLEY PQLICE DiSTURB PEACE-MS-DfSOR�ERLY
09068774 03/29/2009 0128 BANAZAK, B DISTURB PEACE-MS-DISORDERLY
09Q71144 03127I2009 0100 WILLIS, D ASLT 5-INFLICTS ATTEMPTS N
Police have concerns about activity at this business over the first three months of 2009:
a 18 policE cal�s for service in the first 3 months of 2009 vs. 7 police ca11s for service in the
first 3 months of 2008.
� 2"d degree assaults frorz� patrons being hzt with beer bottles occurred on 1-14-09 and 3-22-09.
� Assaults on 3-22-09 involved reports of gang activity,
� Qniy 22% of police ca11s for service in 2009 originated fram business staff.
Q 67% of police calls in 2004 occ�ured between 1:00 and 3:30 am.
� 37% of police calls i� 2009 occ�xrred between 2:00 and 3:30 am.
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 13, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS