09/20/2010 - 29318CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 20, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Deb Skogen, City Clerk
James Kosluchar, Public Works Director
PROCLAMATIONS:
Domestic Violence Awareness Month: October, 2010
Fire Prevention Week: October 3-9, 2010
PRESENTATION:
Mary Smith, City Assessor
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Declaring Costs to be assessed and Ordering Preparation of Proposed
Assessment for Street Improvement Project No. ST. 2008-1 (Siverts Lane) (Ward 2).
William Burns, City Manager, said the total cost is $50,707.67 and the portion of cost to be
assessed is $7,874.78. Terms are payable over ten years at 6.5% interest.
ADOPTED RESOLUTION NO. 2010-64.
2. Resolution Directing Publication of the Hearing on the Proposed Assessment for
Street Improvement Project No. ST. 2008-1 (Siverts Lane) (Ward 2).
William Burns, City Manager, said the proposed hearing date is October 25.
ADOPTED RESOLUTION NO. 2010-65.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 20, 2010 PAGE 2
3. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment for Street Improvement Project No. ST. 2009-2.
William Burns, City Manager, said the total cost is $546,000 with the portion of cost to be
assessed at $180,000. The terms are payable over ten years at 6.5% interest.
ADOPTED RESOLUTION NO. 2010-66.
4. Resolution Directing Publication of the Hearing on the Proposed Assessment for
Street Improvement Project No. ST. 2009-2.
William Burns, City Manager, said the proposed hearing date is October 25.
ADOPTED RESOLUTION NO. 2010-67.
5. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment for Street Improvement Project No. ST. 2010-1.
William Burns, City Manager, said the total cost is $950,000 with the portion of cost to be
assessed at $452,000. The terms are payable over ten years at 6.5% interest.
ADOPTED RESOLUTION NO. 2010-68.
6. Resolution Directing Publication of the Hearing on the Proposed Assessment for
Street Improvement Project No. ST. 2010-1.
William Burns, City Manager, said that the proposed hearing date is October 25.
ADOPTED RESOLUTION NO. 2010-69.
7. Resolution Directing Preparation of the Assessment Roll for the 2010 Nuisance
Abatement.
William Burns, City Manager, said that the total cost is $28,111.68 with the portion of cost to
be assessed at $28,111.68. The terms are payable in one year at 6.5% interest.
ADOPTED RESOLUTION NO. 2010-70.
8. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll
for the 2010 Nuisance Abatement.
William Burns, City Manager, said that the proposed hearing date is October 25.
ADOPTED RESOLUTION NO. 2010-71.
9. Resolution Appointing Addition Election Judges for the 2010 Primary and General
Elections.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 20, 2010 PAGE 3
William Burns, City Manager, said City Clerk, Deb Skogen, is asking that we appoint twenty-
two people as additional election judges. These appointments will give her the flexibility to use
nine election judges at each of Fridley's thirteen polling locations. The judges are being
recommended without precinct assignments. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-72.
10. Claims.
APPROVED CLAIMS 147851 — 147917.
11. Licenses.
William Burns, City Manager, said this includes annual renewal of rental licenses for 187
properties. Each property submitted an application, paid all fees, and completed the inspection
process.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
ADOPTION OF AGENDA:
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.
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:
No one from the audience spoke.
PUBLIC HEARING:
12. Consideration of Issuing/Transferring an On-Sale Intoxicating Liquor License to
New Franchise Owners Apple Minnesota, LLC, DB/A Applebee's Neighborhood
Grill and Bar, Generally Located at 5277 Central Avenue N.E. (Ward 1)
MOTION by Councilmember Saefke to open the Public Hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:55 P.M.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 20, 2010 PAGE 4
Deb Skogen, City Clerk, said the current Applebee's located at 5277 Central Avenue was built
in 2004 and was a corporate store. Applebee's is in the process of transferring all of their
Minnesota corporate stores into franchise stores and the sale is scheduled for October 13. Staff
provided a copy of the City Code pertaining to on-sale intoxicating liquor with the application to
Applebee's legal counsel.
Ms. Skogen said staff received the application on August 24. Applebees did not request the 2:00
a.m. late night endorsement. The new owners are retaining the current staff and managers. The
Public Safety Department has reviewed the application and found no reason to deny the request.
Ms. Skogen said the Notice of Public Hearing was published in the Fridley Sun-Focus on
September 2 and mailed to the attorney for Applebee's for their reference. The final approval for
the license is currently scheduled for October 11. John Steckler, of the firm Madigan Dahl &
Harlan PA, was present to represent Applebee's. Staff recommended Council hold the public
hearing on the transfer of the liquor license.
Councilmember Bolkcom asked what experience the person applying for the license had with
intoxicating liquor licenses.
John Steckler, attorney for owner, said he did not know the answer at this time.
Ms. Skogen said the current license applicant did not work at Applebee's but would own
Applebee's. The current staff at Applebee's is not changing.
Councilmember Bolkcom asked who the person is that is applying for the liquor license and if
they had experience in owning a restaurant serving intoxicating beverages. She asked if they
were aware of the 60/40 ratio.
Ms. Skogen said that the owners live in California and Ohio.
Mr. Steckler said the owners do have experience owning other liquor licenses in Minnesota and
are acquiring other licenses through the exact same process.
Councilmember Bolkcom asked if a background check has been done and if the people
involved are aware of the 60/40 alcohol ratio.
Mr. Steckler answered yes.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
8:02 P.M.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 20, 2010 PAGE 5
OLD BUSINESS:
13. Second Reading of an Ordinance Amending Chapter 205, Section 205.03. Section
205.17 and Section 205.18 of the Fridley City Code Defining "Fleet Vehicle" and
Allowing "Overnight Parking of Fleet Vehicles" as an Accessory Use in the M-1,
Light Industrial and M-2, Heavy Industrial Zoning Districts.
Scott Hickok, Community Development Director, said this te�t amendment is to add language
to the M-1, Light Industrial Zoning District and the M-2, Heavy Industrial Zoning District, to
allow parking of fleet vehicles as an accessory to the principal use on a lot, provided specific
code requirements can be met.
Mr. Hickok said staff would consider the parking of fleet vehicles an e�tension of the off-street
parking accessory use as long as the conditions laid out in the ordinance can be met. This type of
accessory use would be considered reasonable to be allowed in the M-1 and M-2 zoning districts,
without causing disruption to the neighboring properties and uses.
Mr. Hickok said parking fleet vehicles as an accessory use in the M-1, Light Industrial Zoning
District, and M-2, Heavy Industrial Zoning District, including the business' fleet vehicles, would
be allowed if the following criteria were met:
• Vehicles shall be licensed and street operable.
• Vehicles shall be parked on an approved hard surface.
• Vehicles shall be parked in the side or rear yard only.
• Vehicles shall be under a gross vehicle weight of 26, OOO lbs.
• The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what
code would require for parking stalls on the site.
• The parking area shall be properly lit, with shielded and downcast lighting and properly
secured.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1272 on second reading and order publication. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
14. Informal Status Reports:
Councilmember Bolkcom said on September 21 there will be a meeting for the East River Road
Corridor Study from 3:00 to 5:00 p.m. at the Fridley Community Center.
Councilmember Bolkcom said the Street Improvement meeting will be on September 30 from
6:00 to 8:00 p.m. at City Hall. Also, October 9 is Recycling Day. Contact Rachel at 763-572-
3594 or access the website to see what materials are eligible. The event will be held at the Public
Works Garage from 9:00 a.m. to 1:00 p.m.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 20, 2010 PAGE 6
Mayor Lund said the Lions are having a waffle breakfast at the Fridley Community Center on
Sunday, September 26 from 8:00 a.m. to 12:00 p.m. The cost is $6.00. The Fire Department's
Annual Open House is on Sunday, October 3 from 11:00 a.m. to 3:00 p.m. The Flames will host
a waffle breakfast from 8:00 to 12:00 p.m. on noon on Saturday, October 9. Adopt a Highway
for Highway 65 will be held the same morning from 8:00 a.m. — 3:00 p.m. Fridley School
Program Alumni will have a fundraiser at the American Legion Post 303 from 1:00 p.m. to 4:00
p.m. on Sunday, October 10.
Councilmember Varichak said there is a special audit walk relative to the SHIP program. This
will be held on September 25 from 9:00 a.m. to 1:30 p.m. at North Park Elementary School.
There will be a walking tour, refreshments and discussion. Any questions, contact Rachel Harris
at 763-572-3594.
Mayor Lund thanked those who donated to the Lee Carlson Center 3rd Annual RoofRaiser
fundraiser.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:17
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor