CCA 06/13/2016
CITY COUNCIL MEETING OF JUNE 13, 2016
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. (TTD/572-3534)
COUNCIL CONFERENCE MEETING (6:00 P.M.)
Civic Complex Update
CITY COUNCIL MEETING:
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Contribution from the Fridley Lions for the
Springbrook Nature Center SPRING Project
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 23, 2016 .................................................................. 1 - 22
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 205.10, R-4 Mobile Home Park District
Regulations, in the Fridley City Code (Text
Amendment Request, TA #16-02) ............................................................... 23 - 30
FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2016 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Receive the Minutes of the Planning
Commission Meeting of May 18, 2016 ......................................................... 31 - 47
3. Special Use Permit Request, SP #16-03,
by TCO Design, to Revise Special Use
Permit, SP #15-09, that was Approved to
Allow a 23-Patient Room Home Health Care
Building in an R-3, Multi-Family Zoning
District, to Increase the Amount of Patient
Rooms to 28, Generally Located at 5300
Fourth Street N.E.;
and
Resolution Approving Special Use Permit,
SP #16-03, for TCO Design, the Petitioner
on Behalf of Gen One LLC, to Allow the
Construction of a Home Health Care Facility
on the Property Located at 5300 Fourth
Street N.E. (Ward 1) ..................................................................................... 48 - 57
4. Special Use Permit Request, SP #16-04, by
Mobile Maintenance, Inc., to Allow the
Construction of a Parking Lot on a Lot
Zoned R-1, Single Family, for the Purpose of
Parking Vehicles Related to the Petitioner’s
Business, Generally Located at 513 Fairmont
Street N.E.;
and
Resolution Approving a Special Use Permit,
SP #16-04 to Allow a Parking Lot in a Residential
District for Mobile Maintenance, Inc., Generally
Located at 513 Fairmont Street N.E. (Ward 3) ............................................ 58 - 66
5. Resolution Approving State of Minnesota Joint
Powers Agreements with the City of Fridley on
Behalf of its City Attorney ............................................................................. 67 - 85
FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2016 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
6. Resolution to Approve Agreement #1003368:
State of Minnesota, Department of Transportation
(MnDOT Landscaping Partnership Cooperative
Agreement) .................................................................................................. 86 - 101
7. Resolution Appointing an Absentee Ballot
Board for the 2016 Election Cycle ................................................................ 102 - 103
8. Claims: ACH PCard – 1605; 172717 – 172963 ............................................ 104 - 144
9. Estimates ..................................................................................................... 145
OPEN FORUM, VISITORS:
Consideration of items not on Agenda – 15 minutes.
ADOPTION OF AGENDA:
PUBLIC HEARINGS:
10. Consideration of Off-Sale 3.2% Malt
Liquor License to Jigar Patel, on Behalf of
Hanuman, LLC, d/b/a Freedom Value,
Located at 7600 University Avenue N.E.
(Ward 3) ....................................................................................................... 146 - 147
11. Consideration of On-Sale 3.2% Malt
Liquor License to Robert J. Thomson of
Bolar, LLC, d/b/a Pancheros Mexican Grill
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Fridley, Located at 284 – 57 Avenue N.E.
(Ward 3) ....................................................................................................... 148 - 149
FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2016 PAGE 4
OLD BUSINESS:
12. Second Reading of an Ordinance Amending the
Fridley City Code by Creating Chapter 609,
Liquor Caterers Registration and Event
Notification Permit; Amending Chapter 508 Parks
and Parkways, Section 508.21.5.D., Allowing
City-Registered Caterers to Serve Alcoholic
Beverages at Springbrook Nature Center; and
Chapter 11, General Provisions and Fees,
Section 11.10. Fees, Creating Fees for
Registration of Caterers and Event Notification
Permits ....................................................................................................... 150 - 160
13. Second Reading of an Ordinance Creating a
New Chapter of the Fridley City Code,
Chapter 610, Liquor Manufacturers, and
Amending Chapter 11 of the City Code by
Establishing Fees ......................................................................................... 161 - 185
14. Second Reading of an Ordinance Amending
Chapter 603 of the Fridley City Code Entitled
Intoxicating Liquor to Allow for Brew Pubs and
Amend the Hours of Operation; Chapter 602,
Section 602.09; and Chapter 606, Section 606.11,
Amending the Hours of Operation ................................................................ 186 - 188
NEW BUSINESS:
15. Receive the 2015 Comprehensive Annual Financial
Report ....................................................................................................... 189 - 206
16. Informal Status Reports ................................................................................ 207
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 23, 2016
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:01 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT:
Wally Wysopal, City Manager
Darcy Erickson, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
,
Deb SkogenCity Clerk
Pam Reynolds, 1241 Norton Avenue N.E.
Richard Harris, 6200 Riverview Terrace N.E.
Jim Frisell, McGough Construction
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of May 9, 2016
APPROVED.
City Council Meeting of May 9, 2016
Councilmember Saefke
noted a couple of corrections: (1) On page 14, second from the bottom
paragraph, "Motion by Councilmember Bolkcom to continue to the public hearing" the second
word "to" should be eliminated; (2) on page 17, the first sentence, ". . .issuing these bonds, the
Fridley", the word "the" should be eliminated.
APPROVED AS CORRECTED.
NEW BUSINESS:
1.First Reading of an Ordinance Amending Chapter 205.10, R-4 Mobile Home Park
District Regulations, in the Fridley City Code.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 2
Wally Wysopal
, City Manager, stated a public hearing was held on May 9, 2016.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Authorizing Membership in the 4M Fund.
Wally Wysopal,
City Manager, stated this is a no-cost banking arrangement managed by U.S.
Bank and is made possible through the City's membership with the League of Minnesota Cities.
At first, it will primarily be used to park the money from the bond for the water improvements
and then make disbursements out of that. It is completely managed at no cost.
ADOPTED RESOLUTION NO. 2016-24.
3. Approve a Joint Powers Agreement between the City of Fridley and Anoka County
for a Traffic Signal System at East River Road (CSAH 1) and Northern Stacks
Drive (Ward 3).
Wally Wysopal,
City Manager,stated this is for the purchase and installation costs recovered by
a grant for the ongoing maintenance at the City's expense performed by the County as the owner.
There is also a developer contribution in that purchase as well.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Claims (172552 - 172716).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom
asked that Item Nos. 1 and 3 be removed.
MOTION
by Councilmember Barnette to approve the proposed consent agenda with the
removal of Item Nos. 1 and 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Saefke
as to Item No. 9 of the Agenda, it should be "Ward 1" instead of
Ward 2.
OPEN FORUM, VISITORS:
Pam Reynolds
, 1241 Norton, stated last weekend she had an issue at her house. She said Chief
Weierke told her he was going to handle it. It has to do with a dumpster she rented. After they
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 3
were done filling the dumpster, several people took items from the dumpster. It specifically says
on the dumpster, “No Scavenging” and lists St. Paul City Code 357. She said she looked at that
City Code and then looked at Fridley’s. Perhaps this does not happen often enough to include in
the Code, but Section 113.12 of the Fridley City code does not talk about roll-offs. It talks about
recycling that she would put at her curb. She believed somewhere along the line the Supreme
Court ruled that when you put your garbage out, once it is on the right-of-way, it is fair game.
Ms. Reynolds
said her neighbor told her that as soon as she left her house at 7 a.m., a car and a
truck pulled up and people were digging and diving in the dumpster. Her concern is maybe she
is looking at the wrong Code to see if the City has something in place to take care of that issue
other than a theft. Stuff from the dumpster was left all over her yard. Her neighbor helped her
throw stuff back in. She told her hauler that if she ever rented another dumpster, she would like
a cover so she could cover it when she was done and people would not go in there.
Ms. Reynolds
stated she just has a concern that the Fridley City Code really does not address
roll-offs and neither does St. Paul's.
Mayor Lund
stated they will look at the Code and see if there is something that could be done.
Beyond that, he would be more concerned about people bringing more stuff and putting it in
there.
Ms. Reynolds
replied that happened, too. Her neighbor also told her that one guy pulled up and
threw stuff in. It almost made her wonder if the first guy maybe called other scavengers because
she is on a dead end street. It was irritating. People had the items tossed to the point that she had
to have her son come back over and redistribute the items, as they dug all the way to the bottom.
Ms. Reynolds
asked whether Council had given any more thought to bringing the issue of a
proposed civic center to voters in November.
Mayor Lund
replied, honestly, they have not talked about specifically doing that. In fact, there
is something on tonight's agenda for adopting a resolution for a construction manager.
Ms. Reynolds
stated she is not going to stay for that. That is the way they are going to do it.
She does not have a problem. As to the memo, she knows staff is excited and passionate about
this, but she does not think they should be using the terms of "for the future" or "when a new
complex". It is her understanding that has not been determined yet is her understanding. Maybe
it should be proposed like it is in agenda.
Mayor Lund
asked if she is talking about between pages 106 and 113 of the agenda. When he
read, it there were a number of the words "should" and "if". The way he read it, it was not
presumptuous that staff was treating this as a 100 percent deal.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 4
ADOPTION OF THE AGENDA:
MOTION
by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1
and 3 and with the correction of changing Item No. 9 to Ward 1. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
5. Consideration of the Columbia Arena Area Draft Redevelopment Environmental
Assessment Worksheet.
MOTION
by Councilmember Saefke to waive the reading of the public hearing notice and open
the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS OPENED
AT 7:18 P.M.
James Kosluchar
, Public Works Director, stated the Master Plan for the Columbia Arena site
was developed over the past year with input from the community. On December 28, 2015, an
open house was held and additional input was gathered. As part of the approval for the Master
Plan development, a draft Environmental Assessment Worksheet (EAW) was prepared.
Mr. Kosluchar
stated this is part of a standardized environmental review process.
Characteristics of the site and impacts are published to disclose information about potential
negative environmental effects and to determine if there are ways to avoid or minimize those
impacts before the project is permitted and built.
Mr. Kosluchar
stated the Columbia Arena site redevelopment required an EAW process again
because the number of housing units proposed exceeded the statutory threshold and a mandatory
EAW must be performed.
Mr. Kosluchar
stated while there was no requirement for the public hearing for the EAW
process, Council believes and agreed to set the hearing to improve transparency and
understanding of the project.
Mr. Kosluchar
presented the current updated schedule. There was a publication by the EQB on
May 16. The end of the comment period is June 15, 2016.
Mr. Kosluchar
stated the project includes many housing types and amenities including a 220-
unit, up to 5-story senior housing complex; a 36-unit townhome development; a 160-unit, up to
4-story apartment building; a 154-unit, up to 8-story tower residential; another 178-unit, up to 6-
story tower; 60 liner apartments; 44,000 square feet of commercial space; 15 patio homes; and a
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 5
40,000 square foot 1-2 story City Hall including police and fire; a 75,000 square foot, 1-2 story
Public Works buildings; and multiple parking decks to serve these various elements.
Mr. Kosluchar
stated the draft EAW is a report that covers several potential environmental
impacts including land cover and impacts; and permits and approvals that are needed; land use
and zoning; geology soils and topography; water resources and utilities; contamination and
hazardous waste; wildlife and sensitive ecological resources; historic properties; visual, air, and
noise impacts; transportation; and potential cumulative effects.
Mr. Kosluchar
stated staff will be tabulating comments received and responding to all. Staff
has three ways to comment right now. People can comment by directly to the City Council, by
email or by providing written comments to City Hall. All those instructions and the documents
are available at the City's website at www.fridleymn.gov/ColumbiaArenaAreaRedevelopment.
Mr. Kosluchar
stated after the comment period, the report will be finalized and a determination
will be made whether additional environmental review is required. Amy Denz from Wenck &
Associates, is present. She was essential in putting together the environmental documentation.
Councilmember Bolkcom
asked what a liner apartment was.
Scott Hickok,
Community Development Director,replied that building would be designed to
wrap around a parking deck. The liner refers to the fact that it lines the outside of a parking
deck.
Councilmember Bolkcom
asked if the City Council would see the final comments.
Mr. Kosluchar
replied they will. Staff will summarize them, and at a minimum, provide a
report and would likely provide a recommendation on the disposition of the environmental
document.
Councilmember Bolkcom
stated as to the noise. Construction would occur from 7 a.m. to 9
p.m., Monday through Saturday. Is that correct?
Mr. Kosluchar
replied, that is what is authorized by ordinance. That is the largest window of
hours. The City typically requires contractors on City projects and some private contractors to
construct within a narrower window. Typically it is Monday through Friday, 7 a.m. to 7 p.m.
Saturday it might be 9 a.m. to 7 p.m.
Councilmember Bolkcom
stated she remembered Medtronic not being that long so she
wondered why the City would treat this any different.
Mr. Kosluchar
replied, and they probably would not. They just cited what was in ordinance.
Councilmember Bolkcom
asked why there were more trips there at night than during the day.
Is that because people are running to the grocery store after they get home from work and things
like that? She said she does not understand the peak hours going from, it says the first letter for
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 6
the intersection now, right, and then the second is the worst operating condition. She asked if it
was saying that 47th and 69th they are at an F at times and then it would stay an F if they did not
build but it would become an F all day long.
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Mr. Kosluchar
said there will definitely be impacts on 69 Avenue. He can attest to the limited
functionality of that intersection. Actually, the University frontage road is a through street.
They call it 69th but 69th actually intersects with the University frontage road which intersects
with University. That intersection stacks so that vehicles often have to wait for a signal through
two cycles.
Councilmember Bolkcom
asked why it was better if it was just a C. It will be an F if they build
it, in the a.m. She asked if there were more trips at night, why was it not an F.
Mr. Kosluchar
replied the assumption is that traffic is directional. The evening peak trips may
be in one particular direction that might be away from that intersection vs. into that intersection
in the morning.
Councilmember Bolkcom
stated she does not understand. It was an F at is the worst time now.
If they build it, it would be a C and an F.
Mr. Kosluchar
replied, correct. But it is an A and F right now. And it is directional. The
traffic does disburse in particular directions, and that is what the projections are.
Councilmember Bolkcom
stated why it was at the worst. Why is it an A and F in the a.m. right
now?
Mr. Kosluchar
replied that is the range of the performance of the intersection so basically it is
the best and worst.
Councilmember Bolkcom
asked how it went from A to F.
Mr. Kosluchar
stated again, it is such a short queue length. He has been in that queue, and if
there is a semi in front of him, he is the only vehicle that fits behind that semi and the semi does
not block the intersection. Presumably with a semi truck waiting for that light for a left turn, if
two vehicles queue up behind than it has gone to an F.
Councilmember Bolkcom
asked if it could be worse than an F.
Mr. Kosluchar
replied, no. He said the geometry was not great. That is something that is going
to have to be addressed somewhat through the development.
Mayor Lund
stated he heard some comments from the Holiday Hills neighborhood, the
neighborhood that is adjacent to 69th Avenue. Their concerns for this entire development are
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what affect them on 69 Avenue. The drawing they have all seen, where the patio homes would
be, show that Rice Creek Boulevard where it intersects 69th now through the south would
continue on into this new development to the north. Their preference would be not to allow
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 7
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traffic to come down those new streets but to make cul-de-sacs so they are segregated from 69
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Avenue. He does not think that is going to really affect 69
Avenue. It will affect the
intersection they just spoke about because of the limited stackability on the frontage road that
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intersects at 69 Avenue.
Mayor Lund
stated one time that he sees is the most difficult now is when the Baptist Church
lets out, and there is some heavy vehicle traffic from the immediate north that comes down. It is
his opinion and in reviewing the Environmental Assessment, if this property gets developed,
there is going to be too much traffic at certain times of the day there. They will have to restrict
commercial vehicles at the least, so that they would all have to head to the north and exit out on
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73 Avenue. It used to be much more pronounced in his opinion when they had the arena there.
As soon as the arena let out you had a real influx of cars leaving there. It was a 15-minute deal
and it was about every hour, hour and a half.
Councilmember Bolkcom
stated she thought the City did not like to do cul-de-sacs because of
plowing of the snow, etc.
Mr. Kosluchar
replied he could not make the decision right now. It was something to plan
around. One of the problems with cul-de-sacs is they take up a pretty large area.
Mayor Lund
stated everything has to be looked at, especially for traffic flow. He told the
residents in the Holiday Hills neighborhood that it would allow them some flexibility to take
another route out of their neighborhood. Right now they have one way in and one way out. That
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is 69 Avenue via the frontage road. With all of this development, they would be able to escape
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through the new neighborhood and end up going out on 73 Avenue. It would be a little
circuitous and there would be a couple turns, but it was better than waiting impatiently at a
jammed up intersection at 69th Avenue and the frontage road. That is a positive note. It is
important that they do have a back road at the eastern edge of this development to get out onto
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73 Avenue. There is some easement property that would allow for an actual road to 73
Avenue.
Councilmember Barnette
stated he knows that discussion has come up even for the emergency
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vehicles that want to go east but go up to 73 Avenue. If they can provide a road from 72nd to
73rd Avenues, the emergency vehicles and traffic could also go east. He said he lives in the
same neighborhood, and if you get behind one of the large trucks that are on 69th Avenue, you
are lucky if you can get out. The sign changes in about 30 seconds and those big vehicles take a
long time to get through there. Adding more development would create some problems and
would need to be addressed.
Councilmember Bolkcom
asked at what point it would be necessary to revisit the EAW.
Mr. Hickok
replied the EAW takes a broad look at everything from the intersection and the
range of activity through an intersection to the development that can happen there. The Paul
Hyde project, for example, was approved for 1.7 million square feet. If there was 12 million
square feet of development, and someone wanted to build a 600,000 square foot addition, they
would need to go back through the process.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 8
Mr. Hickok
said Mr. Kosluchar has very carefully taken a look at all the proposed numbers for
the units that were there, and the likelihood of the City exceeding that is not great. In fact, there
would probably be fewer units.
Councilmember Bolkcom
stated she was talking more about certain discussions in there related
to Public Works and what would and would not stay there.
Mr. Kosluchar
stated she is referring to the operations and Public Works in the future. There
would be an off-site area for storage. If they had a wind storm, they would have somewhere to
put store tree debris that is more suitably located next to industrial property or property that is
having similar activities. They are looking at that right now as part of this plan. The Public
Works operations would be cut down considerably as well.
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Richard Harris,
6200 Riverview Terrace, stated they were talking about the truck traffic on 69
Avenue. Unfortunately, the streets and intersections in Fridley and probably most of Minnesota
are 50 years old or thereabouts and they were designed for 40-foot trailers. Somebody decided
they should have 53 foot trailers. Consequently, the trucks that are using the intersections today
do not fit very well in the intersections. If they are going to redo intersections, they probably
should look at designing intersections for the larger trucks.
Mr. Harris
stated it is his understanding this is for the new city offices and maintenance garage.
Is he correct in that assumption?
Mayor Lund
replied it is actually for a campus for City Hall offices, Fire, Police, and Public
Works.
Mr. Kosluchar
stated it is more than that. It is 889-units of residential, in addition to
commercial space. The EAW deals more with those aspects than public development.
Mr. Harris
stated in Mr. Kosluchar's presentation he mentioned there were some 6-story
buildings. Is that getting pretty close to the City's height limit?
Mr. Hickok
replied in standard zoning, 6 stories or 65 feet in a multi-family district would be
the limit. A redevelopment district departs from the standards that they are most familiar with,
and an 8-story would be permitted.
Mr. Harris
stated they are not going to add two stories.
Mr. Hickok
replied, no.
Mr. Harris
said he noticed the other day that Braun was taking soil borings. He asked if their
findings would be part of it.
Mr. Kosluchar
replied, yes. Actually, the soils on the site may be the limiting factor. They are
doing deeper borings now to determine what the structural nature of the ground is.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 9
Mr. Harris
stated back when the previous structure was built, they did not pay enough attention
to construction integrity. It was more aesthetic. He is hoping this time they do it the other way
around.
MOTION
by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 7:42 P.M.
NEW BUSINESS:
6. First Reading of an Ordinance Amending the Fridley City Code by Creating
Chapter 609, Liquor Caterers Registration and Event Notification Permit;
Amending Chapter 508 Parks and Parkways, Section 508.21.5.D., Allowing City -
Registered Caterers to Serve Alcoholic Beverages at Springbrook Nature Center;
and Chapter 11, General Provisions and Fees, Section 11.10. Fees, Creating Fees for
Registration of Caterers and Event Notification Permits.
Debra Skogen,
City Clerk, stated this is the first reading of an ordinance creating Chapter 609
requiring caterer registration and event notification. There has been a lot of discussion about
“Event Centers” which appears to be a new trend in the state. As properties have become vacant
or have been on the market for a long period of time, they are being purchased without the
buyers inquiring as to the type of zoning or use of the property. As a result, staff has received a
lot of inquiries about whether a liquor license can be acquired for a specific event in a specific
location or inquiries about individuals who do not have a liquor license. Minnesota Statute,
Section 340A.404, Subd. 12, provides language allowing a restaurant with an on-sale liquor
license to acquire a state caterer’s permit. The holder of the permit may sell intoxicating liquor
as an incidental part of a food service that serves prepared meals offsite of their licensed
premises.
Ms. Skogen
stated the statute allows cities to regulate caterers, and requires caterers to notify the
local police department of the event and location.
Ms. Skogen
stated after reviewing several other municipal codes related to this topic, an
ordinance was drafted which would require caterers to register with the City and provide an
Event Notification Permit for each event.
Ms. Skogen
stated the ordinance defines the conditions of registration and information required
for reviewal of registration. It requires an Event Notification Permit to be filed 10 days prior to
the event. It provides an appeal process. It also creates administrative offices and fines for
required liquor compliance checks, similar to licensed establishments in the City.
Ms. Skogen
stated in addition to requiring registration and event notification, this ordinance
amends Chapter 508 of the City Code to allow a registered caterer to provide food, malt liquor
and wine for events at Springbrook Nature Center; and establishes the fees for the registration
and Event Notification Permit.
Ms. Skogen
stated staff recommends Council hold the first reading of this ordinance.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 10
Councilmember Bolkcom
stated Section 609.02, said the form may contain the business name,
address, phone, e-mail address, contact name or any other information deemed necessary by the
City Clerk or Public Safety Director. She asked what that information was or if it was random
every time someone asks for a registration. How does staff decide what other deemed
information was needed?
Ms. Skogen
replied, they are starting out with the information that they have outlined but as to
any other information, depending on how this goes, they may have to include further information
and that would allow them to do that.
Councilmember Bolkcom
asked, so it is not randomly depending upon who the caterer is?
Ms. Skogen
replied correct.
Councilmember Bolkcom
asked, under Section 609.03, has run-on sentences. Can they bullet
point No. 1 maybe? Then under No. 5, no sale of alcohol beverages shall, they come to the
words must and shall. Have they decided they are going to use "must" or "shall"?
Mayor Lund
replied, as far as when they had these discussions before, to him "must" and
"shall" hold the same meaning.
Darcy Erickson
, City Attorney, replied it is obligatory. She said she would concur with Mayor
Lund. If the language is troublesome, maybe they could say, "is" permitted after “no sale of
alcohol.”
Councilmember Bolkcom
stated it comes up every once in a while and they have changed some
to "must.” As to No. 6, the property owner shall give consent. That is another one.
Councilmember Bolkcom
stated as to No. 8, "If the event is held outside, the applicant shall
indicate how the alcohol will be confined to a particular area.” If she has a restaurant with
intoxicating beverages, she has to have it fenced in. Is the City saying that as long as they tell
the City where it is, it can be open? It came up when they were talking about Springbrook that if
they had an outside patio it would need to be fenced in. What are they saying there? Do they
have to tell you where that area is in their application?
Ms. Skogen
replied they are trying to keep the alcohol in one location so if they are outdoors
they are not walking around the street or parking lot. They are in one area, contained.
Councilmember Bolkcom
stated should it say that then that it has to be separated. Is there a
better way of saying that? To her it just says they are going to define where it is. It does not
mean that no other people can go in. If she is 16-years old can she go to that area where they are
serving alcohol?
Ms. Skogen
replied she believed they would be carding them at the area as they walk in. The
other thing to remember is insurance. They have to provide insurance and they have to have a
specified area as to where that alcohol is contained to.
Councilmember Bolkcom
asked what that had to do with insurance.
Ms. Skogen
replied, with a liquor license, they would be confined to a specific area. For all of
the restaurants the City provides, it has to be inside of the restaurant, unless they have a patio
endorsement. This is just trying to contain the alcohol into one location.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 11
Councilmember Bolkcom
stated she asks that staff go back and look at what the City has as far
as restaurants, etc., and they try and fine tune it. To her it leaves it a little open. It does not say
confined there. It does not mean that other people cannot go there.
Ms. Skogen
replied, she is not sure there is a better way to say this.
Attorney Erickson
stated she did not know that you necessarily would restrict people from
going there. A restaurant is licensed for a particular premises and alcohol cannot be moved off
of those defined premises as it relates to their license. It would not be illegal for a 16-year old to
be there, for example, at the wedding reception at Springbrook Nature Center. There might be
underage guests, and they are not going to be able to partake. The liquor/caterer is going to have
to comply with every other state law. However, we can improve upon this language just to say
that the liquor caterer will have to define the premises to the area of the property to which
alcohol is permitted and limit it to that so it is not taken into the woods at the Nature Center.
Councilmember Bolkcom
stated as to No. 10, "The City may by resolution establish a list of
premises for which a caterer may not provide services at an event without explicit approval. . . ."
She asked Ms. Skogen if she had something in mind or thought it was one the City should have
just in case. She asked for an example.
Ms. Skogen
replied, she does not really have anything in mind; but you could have a premise
that had a caterer but have had incidents that have created more enforcement. You could then
create a resolution stating that this specific location could not be a liquor-catered event. This
basically is in because there three other cities that have this.
Councilmember Bolkcom
stated to her this is like they just decided there is no way on such and
such a street this is going to happen, but Ms. Skogen is saying more related to a premises that has
had problems so any caterer could come in.
Ms. Skogen
stated they can keep it in or remove it.
Councilmember Bolkcom
stated maybe just tweak it a little bit.
Councilmember Bolkcom
stated on page 72, under 609.06(2), "The operation of an event does
or will unreasonably. . . ." Why is it does or will?
Ms. Skogen
replied they could start the sentence with "if" as opposed to or change some of those
words.
Attorney Erickson
stated that might have been placed in there as "does or will" because of
denial being in the future or "will". Either you are being suspended or you are being denied, but
they can fix that language by putting "if" instead of using those words.
Councilmember Bolkcom
stated when you have bullet points do you normally have semi-
colons at the end of the paragraphs? The first section ends in a period and then the rest are all
semi-colons.
Councilmember Bolkcom
said with respect to No. 6 on the next page, do you need the word,
"or"? It is any one of these things?
Attorney Erickson
replied, yes, any of those could be grounds for denial or suspension.
Councilmember Bolkcom
stated under 609.07(2)(A), in the middle of the paragraph, "In the
Ms. Skogen
event a party participates," she asked who the party was. replied, she believed it is
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 12
the individual who is serving the alcohol. It is not new language.
Councilmember Bolkcom
asked whether that is defined somewhere in the Code?
Ms. Skogen
replied, they have it in Chapters 602, 603, and 609. She asked if it was the word
"party" she had a question about.
Councilmember Bolkcom
replied yes.
Ms. Skogen
stated, no, it is not defined.
Councilmember Bolkcom
asked, should it be in this section?
Ms. Skogen
replied, they could change that word to individual.
Mayor Lund
stated it could be applicant, individual, or party.
Attorney Erickson
stated party, individual, or person. These are the penalties for the individual
person who violated the conditions of a license, the statute, the caterers, and the entity who holds
the permit or registration.
Ms. Skogen
stated this would be under a compliance check where you have an underage
individual going in and attempting to purchase alcohol. The individual who did the serving is
the individual who would be penalized.
Councilmember Varichak
asked if it would need to be changed in all the other chapters.
Councilmember Bolkcom
stated under No. 3 was saying. "Any officer of the City's police
department shall, upon determining there has been a violation, notify the violator of the
violation." How do they know what the violation is?
Ms. Skogen
replied after a compliance check has been done, a police report is made. There is a
police report for those who have passed and a separate one for those who have been denied. The
patrol officer who is out with the underage person is the one who writes the report. In trying to
determine how the letters would be sent out, when they first started doing it, it was determined
that the City Clerk's office would do that. She gets the reports and the letters are actually
provided by them and they send them downstairs and have the Police Captain sign them and they
go out. The officer is working with an underage person who is given "x" amount of money, they
go into the business and attempt to make a purchase, and they bring their product out with any
leftover money. Whatever happens is recorded.
Councilmember Bolkcom
stated as to the language in the same paragraph, "said notice of
violation shall be sent to the municipality who issued the liquor license to the caterer." If they
had a liquor license from, for example, Cottage Grove, then who sends the notice?
Ms. Skogen
replied the Police Department. It would most likely be prepared in her office and
provided to the Police Department for their signature. The letter would have to be drafted and
the same letter would go out to any future caterer who had a violation to the City who issued that
license. She is assisting the Police Department in their process.
Councilmember Bolkcom
stated as to page 74, No. 4, "The penalty may be paid in person or by
mail, and payment shall be deemed to be an admission of the violation." How soon do they have
to pay it?
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 13
Ms. Skogen
replied, they are given 20 days after the date they received notification to make the
payment. With the City's current liquor license compliance checks, they actually will contact her
or the Police Department and the City will come up with a payment plan. What happens is a lot
of people lose their jobs since they violated Code. If they do not call and make arrangements to
make payments, then they can be charged with a misdemeanor.
Councilmember Bolkcom
stated she understands what Ms. Skogen is saying but the first
sentence says they have within 20 days of the time of issuance of the notice to pay the amount
set forth on the notice." So they have within 20 days to do both?
Ms. Skogen
replied, yes. They have the choice of asking for a hearing so they can come before
a hearing officer and state their case or they can pay the fine or make arrangements to pay the
fine. In the 18 years she has been doing this they have only had two public hearings and that was
at the very beginning when this was first established. Now people pay and they call and make
arrangements. The City has not done caterers so that would be something new
Councilmember Bolkcom
asked if they put it in the mail on the 20th day is that being paid?
Ms. Skogen
replied they went by what is currently in the Code so 20 days from the date of
receipt is what she believes the letter states.
Councilmember Bolkcom
asked if it is by the postmark so even if it does not reach the City
here on the 20th day?
Ms. Skogen
replied, even if they get it on the 21st day they will accept it.
Mayor Lund
stated they would go by the postmark would they not?
Ms. Skogen
stated the goal is to say you have 20 days to get in touch with the City, make the
payment, or schedule a hearing. Just to let them know have to do something.
Mayor Lund
pointed out a lot of commas in No. 5.
Councilmember Bolkcom
stated as to No. 9, the word again "party" is used. Again, the
wording needs some help.
Councilmember Bolkcom
asked Ms. Skogen whether the $100 fee covers all the work they
have to do on this..
Ms. Skogen
replied, in talking with the Police Department they felt they are going to look into
the background on them once. And then for each event, the permit would be $25. She talked to
one of the caterers in the City, and they felt it was reasonable. The City is not actually licensing
them, they are registering them. A background check has already been done by another city, so
it will not be as intensive.
Councilmember Bolkcom
asked if the Fridley Police Department would call the other city and
ask them.
Ms. Skogen
replied, they would contact the other city and find out the number of police calls,
whether they have had issues, etc.
Councilmember Bolkcom
asked Ms. Skogen, if they though most caterers that have a liquor
license would report problems.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 14
Ms. Skogen
replied, that would be their goal. If they had an issue here, they would report that to
the other city.
MOTION
by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. First Reading of an Ordinance Creating a New Chapter of the Fridley City Code,
Chapter 610, Liquor Manufacturers, and Amending Chapter 11 of the City Code by
Establishing Fees.
8. First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code
Entitled Intoxicating Liquor to Allow for Brew Pubs and Amend the Hours of
Operation; Chapter 602, Section 609.09; and Chapter 606, Section 606.11,
Amending the Hours of Operation.
Debra Skogen,
City Clerk, stated this is the first reading of an ordinance creating a new chapter
entitled, "Liquor Manufacturers" and also the first reading of an ordinance allowing for brew
pubs and amending the hours of operation.
Ms. Skogen
stated Chapter 610 is being written because of the increasing popularity of craft
beers and microdistilleries. Research was completed and an ordinance was drafted to address
how the City could license liquor manufacturers. While the State licenses liquor manufacturers,
it does allow cities to issue “taproom,” “cocktail room” or “brew pub” licenses.
Ms. Skogen
stated language was drafted to allow a manufacturer to receive a license from the
City for an on-sale brewer “taproom” license; an off-sale small brewer license, allowing for the
sale of “growlers” at the brewery; an on- or off-sale brew-pub license; an on-sale microdistiller
“cocktail room license”; and an off-sale microdistiller license
Ms. Skogen
stated the City can be more restrictive than the State. Staff is recommending the
following:
On-Sale brewer taprooms and microdistiller cocktail rooms be open similar to the
times of restaurants and clubs. They may choose different hours but to begin
with, she thought they should have the same capabilities.
Off-sale brewer license and brew pub license are limited to the hours of 8 a.m.
through 10 p.m. Monday through Sunday. This does allow the off-sale malt
liquor to provide growlers on Sunday.
Off-Sale microdistiller licenses are limited to the hours of 8 a.m. through 10 p.m.
Monday through Saturday and closed on Sunday.
The only products they can sell off-sale are products they make themselves.
Ms. Skogen
said to remain consistent with the City’s other liquor codes, the remainder of the
ordinance is in the same format.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 15
Ms. Skogen
said a lot of research and discussion has gone into this new chapter and as a result, a
few minor changes were needed to Chapters 602, 603 and 606 to allow for Beer Pubs and to
amend the hours of operation.
Ms. Skogen
stated to allow for fees, Chapter 11 would be amended establishing the following
fees:
$600 – for on-sale Brew Pubs, Brewery “Taproom” License” and Microdistiller “Cocktail
Room” License.
$300 – for Small Brewer Off-Sale License, Brew Pub or Microdistiller License.
$200 – for Investigation of Individual
$400 – for investigation of Partnership/Corporation
$100 – for Alteration of Business
$25 – for Change in Officers.
Ms. Skogen
stated a brew pub may only operate as a restaurant to be eligible for an on-sale brew
pub license. To allow for brew pubs, there are a few amendments to Chapter 603:
Section 603.01 provides for a definition of a brew pub;
Section 603.02 allows for a license to be granted;
Section 603.08 provides for an exception to a manufacturer to allow for a brew pub;
Section 603.09 defines places that are ineligible for a brew pub license;
Section 603.10 provides for an exception to a brew pub to allow for the “off-sale” of
the “growler” and requires brew pubs to have a minimum food sales of 40 percent;
Section 603.11 amends the opening hours of operation of restaurants and brew pubs
to 8:00 a.m. Monday through Sunday;
Section 603.26 allows a brew pub to apply for a patio endorsement;
Amending Chapters 602 and 606 staff is looking at just the hours of operation
because of the change of the law in 2015 allowing the sale of liquor between 8 a.m.
and 10 a.m.;
Section 602.09 is amended to allow for the sale of 3.2 percent malt liquor between the
hours of 8:00 a.m. and 1:00 a.m. Monday through Sunday; and
Section 606.11 is amended to allow for the sale of intoxicating liquor at a Club
between the hours of 8:00 a.m. and 1:00 a.m. Monday through Sunday.
Ms. Skogen
stated staff recommends Council hold the first reading of this ordinance.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 16
Ms. Skogen
stated as to Item No. 8, staff recommends holding the first reading of an Ordinance
Amending 603 of the Fridley City Code Entitled Intoxicating Liquor to Allow for Brew Pubs and
Amending the Hours of operation; Chapter 602, Section 602.09 and Chapter 606, Section 606.11
Amending the Hours of Operation.
Mayor Lund
stated on page 80, Definitions, No. 6, states the definition of 3.2 malt liquor. The
next item, No. 7, talks about "Malt Liquor.” He asked if there were any changes restricting brew
pubs and operations like that to 3.2. He said he did not read anything about 3.2. He is assuming
the definitions are all-inclusive so they are not restricting in any way the 3.2 malt liquor.
Ms. Skogen
replied that is correct. State law allows them to brew 3.2 malt liquor or malt liquor
which would be stronger than 3.2.
Mayor Lund
stated under Fees in Chapter 11, when she talks about “change of officers” that
would be a $25 fee. In those cases in the change of an officer, would the Police Department
need to do a background check.
Ms. Skogen
replied it would be strictly an administrative thing.
Mayor Lund
stated that would not constitute a change of an officer in the corporation or in the
business. It does not constitute having that person being investigated.
Ms. Skogen
replied correct.
Councilmember Bolkcom
asked regarding page 82, could she be a brewer and have more than
one brewery? Is it within the City of Fridley?
Ms. Skogen
replied, according to State law, a brewer may only have one taproom license. They
may not have ownership in a pub. If they are getting a license in the City of Fridley, they can
only have one.
Councilmember Bolkcom
asked, within the City or all over the State of Minnesota?
Ms. Skogen
replied because the City is issuing, they have to have a license in the City of
Fridley, where they manufacture in their taproom, unless they have a brewery in another city or a
taproom.
Councilmember Bolkcom
but just within our City?
Darcy Erickson
, City Attorney, said she would look into that.
Councilmember Bolkcom
asked what the fees for “alteration of business” would be.
Ms. Skogen
replied an example would be if they started out as a small brewery, brewing 2,000
barrels and they decided they wanted to expand.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 17
Attorney Erickson
stated in answer to the earlier question, it looks like a small brewer, off-sale,
whom she believes is selling growlers, is limited to having just one small brewer license under
State law.
Councilmember Bolkcom
stated they can only have one in the entire State.
Attorney Erickson
stated she does not see a classification on this chart with respect to taprooms.
She does not think they can have multiple locations.
Mayor Lund
asked staff to look into this for the second reading.
MOTION
by Councilmember Saefke to waive the reading of the ordinance and adopt the first
reading of an Ordinance Creating a New Chapter of the Fridley City Code, Chapter 610, Liquor
Manufacturers, and Amending Chapter 11 of the City Code by Establishing Fees. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION
by Councilmember Saefke to waive the reading of the ordinance and adopt the first
reading of an Ordinance Amending Chapter 603 of the Fridley City Code Entitled Intoxicating
Liquor to Allow for Brew Pubs and Amend the Hours of Operation; Chapter 602, Section
609.09; and Chapter 606, Section 606.11, Amending the Hours of Operation. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
.
9. Resolution Approving Construction Management at Risk Services with McGough
Construction for the Preconstruction Services of the Proposed Civic Complex to be
Constructed at 7099 University Avenue N.E. (Ward 1).
Scott Hickok,
Community Development Director, stated this is a resolution approving the
construction manager for the City's potential project at the former Columbia Arena site. In mid-
April the City published a Request for Proposal for a Construction Manager at Risk for the
potential City complex at 7099 University Avenue N.E. The pre-proposal meeting was held on
April 28, 2016, and proposals were then due by May 6, by 10 a.m.
Mr. Hickok
stated the City received five excellent proposals and an internal team of staff
members independently scored those five proposals. A second-envelope system was required by
proposers that would then outline the cost of their services. Grading was completed without
knowing the cost of by each of the members on the scoring team.
Mr. Hickok
stated once the scores were turned in to be tabulated, the scoring team opened the
envelopes to see what the cost of services would be for each group. What this really did was
provide an opportunity for the City to determine the best proposal and what matched the criteria
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 18
in the RFP and compare that with the pricing data submitted by the firms to see which firm
represented the best value for the City in its selection process.
Mr. Hickok
stated McGough Construction was chosen as the clear choice by the City's scoring
team. As to what the "at risk" part of the construction manager title for this project means, for
cities there are really three main types. “Design, Bid, Build” was popular. "Construction
Manager Agency," and "Construction Manager at Risk” are also options that you might see more
commonly today. Design, bid, build is as the name implies. It is project design by an architect.
Once it is designed it is either bid out by a general contractor which they bid for first. Or, in
some instances the entity will act as its own general contractor and bid all the individual trades
and contracts themselves.
Mr. Hickok
stated the Construction Manager Agency is a method of project involving RFP
construction manager to oversee the preconstruction and construction phases of the project.
Their role is to bring in a project on time, on schedule and on budget, and the risk involved with
over-runs is at the agency’s risk. In this case, it would be the City's if it had gone with this type
of proposal.
Mr. Hickok
stated Construction Manager at Risk (CMAR) is a method of project delivery
involving hiring a construction manager to oversee that pre-construction and construction portion
of the project. The role of the CMAR is to bring the project in on time and on budget. In this
case the risk though is that of the CMAR. They will bring in the project at guaranteed price and
time and they hold the risk.
Mr. Hickok
stated project work provides all services necessary to manage and oversee the
construction of a City-owned facility. The range of duties is specifically outlined in their project
on pages 108 and 109 and listed as items (a) through (t).
Mr. Hickok
stated self-performance is something they probably saw in the staff report and they
will touch on today. The term means having the Construction Manager at Risk be allowed to bid
the bidding stage of the contracts where they specialize in, as McGough specializes, in concrete,
masonry, carpentry, finished carpentry. In the RFP, each firm was asked about its interest or
desire to self-perform on aspects of the projects. The scoring team scored on the quality of their
answer and not on whether they did self-perform. Two firms did self-perform. Two did not.
One had a second entity to do some of their work that they were to self-perform.
Mr. Hickok
stated in all cases, the statutory bidding process was adhered to assure integrity of
process and an open book allowed opportunity to demonstrate after the results of the bidding.
Mr. Hickok
stated McGough Construction has indicated a desire to self-perform. Staff is
aggregable to allowing them to do that as long as they meet all statutory requirements and
provided their bid is the best bid when it gets to that process.
Mr. Hickok
stated as to who is on the team: Jim Frisell is the principal, Ken Peterson is the pre-
construction manager, Greg Hedlin is the senior project manager, Andy Rasmussen is the project
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 19
manager, and Chris Wilde is the project superintendent. The Vice President is Daniel Nelson,
who lives in Fridley not far from the project.
Mr. Hickok
stated as with the architect, the contract is drawn so that the breakdown between
preconstruction and construction on the contract at the end of the project is not advanced. The
preconstruction value in this case, $95,000, cannot exceed that price. All contracts for
construction will come back to the Council in June. It is a template as the architect's contract,
and would represent then for the construction phase 4.35 percent of the overall project cost.
Mr. Hickok
stated the City does have that break between the preconstruction and the
construction which is important to note. Just like the architect's contract, if at some point they
did not advance past preconstruction, they would extend that $95,000. However, when they go
to construction that is when the 4.35 percent portion of the contract would apply.
Mr. Hickok
stated staff recommends approval of the McGough Construction firm as the
Construction Manager at Risk for preconstruction services. They will be back with the full 4.35
portion next month.
Jim Frisell
, McGough Construction, stated they are really excited about the project and feel they
are extremely qualified based on previous projects for City. They are excited to be part of the
team.
Mayor Lund
stated they should be pretty proud in the fact they took first in both categories of
the rating process.
Mr. Frisell
replied they are very proud of that. They have done a lot of work in Fridley at the
Medtronic campus and also some work for Cummins.
Councilmember Bolkcom
asked where the funding for these services was coming from.
Wally Wysopal
, City Manager, replied the funding is coming from the City's deferred projects
for capital items that were earmarked for repair for the City Hall and Public Works garage. It is
the same source the City is paying its potential services for as well. If in fact the City does
construct a new building, it will be able to reimburse its capital improvement program with the
expenses the City has had by the proceeds of the bond. If the City does not build the building, it
will be out those resources that it has earmarked for those capital items and will have to figure
out something else. Also, the City conducted a needs assessment about one and one half to two
years ago and a conditions assessment of the existing City Hall and the Public Works garage.
Mr. Wysopal
stated staff brought that report to Council, and he believed the City Hall was in the
neighborhood of $20 million of needed repairs and another about $20 million or a little less as
well at the Public Works garage. When staff presented it to Council, they asked staff to consider
alternatives to repairing and building new. That is what set off about a year-long process where
they looked at multiple locations within the City to build on.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 20
Mr. Wysopal
stated it was determined by Council that the Columbia Arena site was the most
preferred site for the civic campus. This is a long-winded explanation of where the money is
coming from, but they do want the public to know that the money that is funding the construction
manager and the architectural services comes from the City's capital improvements program for
projects that were earmarked for the existing City Hall and the Public Works garage.
Councilmember Bolkcom
stated both Mr. Wysopal and Mr. Hickok were involved and this is a
great project for the team and they were able to ask some of the questions they all have. She said
she appreciates that opportunity
MOTION
by Councilmember Saefke to adopt Resolution No. 2016-28. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. First Reading of an Ordinance Amending Chapter 205.10, R-4 Mobile Home Park
District Regulations, in the Fridley City Code.
Councilmember Bolkcom
stated under the first reading, Mr. Hickok said he looked back at the
storage. She was not quite sure what if anything changed.
Mr. Hickok
replied, one of the two facilities has outdoor storage. It predated the special use
permit requirements. However, in looking further at that, if they were to make modifications to
that, the City wants to make sure it has the ability through the special use permit to be able to
provide some stipulations as to, for example, screening, etc. One of the popular things it seems
at some facilities like this is to lease out their outdoor storage for campers. This is one of the
things where he thinks the City would want some controls on, and they would want to make sure
as they look at that closer it is a good idea for people in the development that they have a space
for a boat, etc.
MOTION
by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Approve a Joint Powers Agreement between the City of Fridley and Anoka County
for a Traffic Signal System at East River Road (CSAH 1) Northern Stacks Drive
(Ward 3).
Councilmember Bolkcom
asked under paragraph 2 in staff's memo, on page 34, it says, "under
an anticipated grant agreement.” What does that do and what is the overall cost, because it looks
like the City bears the cost of the signal, maintaining it, and the cost of the power. There is not
any number here. It is a huge and beautiful development. However, what is the cost?
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 21
Mr. Kosluchar
replied the signal includes new established poles, wiring, boxes, electrical, and
turn lane. There is a lot of work to be done.That is actually under the developer’s agreement for
Northern Stacks and the developer's cost more than the City Hall construction. It is all rolled
into those single plans. They had their engineer prepare the plan, and those are the approved
plans with Anoka County.
Councilmember Bolkcom
asked so they are bearing the cost of the signal.
Mr. Kosluchar
replied that is correct.
Councilmember Bolkcom
stated because she was looking at Exhibit C on page 39. It says the
concrete curb and gutter was at 50 percent City and 50 percent County.
Mr. Kosluchar
replied, in this case this would be future maintenance and reconstruction of the
signal. These agreements are set up so that they linger on so that when the life cycle of the
signal is over, in 30-40 years, it can be rebuilt and there is a cost share between the County and
the City.
Councilmember Bolkcom
stated so the anticipated grant agreement is for a grant that Mr. Hyde
would cover?
Mr. Hickok
replied this is an innovative industries grant by DEED that will help pay $300,000
towards cost of that installation. What that does is takes some of the cost off the developer and
also really assists in getting that signal light in. When it helps the developer, it really helps the
City and the other finance mechanisms that are happening in order to clean up that site.
Councilmember Barnette
stated he had very similar questions. Item 3 on page 36, goes into all
the costs and he was wondering himself why the City was responsible for a light that is going
onto a county road. That could be a pretty big expense.
Mr. Kosluchar
replied, Councilmember Barnette is correct. He would expect it will exceed that
$300,000 price tag and run between $400,000-$500,000. The reason the City is named in this is
because the Joint Powers Agreement is between two parties, the City and Anoka County; and the
City is basically being the responsible party to have this constructed.
Councilmember Bolkcom
asked how soon the signal light would go in.
Mr. Kosluchar
replied, he does not know. He would say that construction starts this summer.
He knows that some materials have been ordered by the developer.
MOTION
by Councilmember Bolkcom to approve a Joint Powers Agreement between the City
of Fridley and Anoka County for a Traffic Signal System at East River Road (CSAH 1) Northern
Stacks Drive (Ward 3). Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2016 PAGE 22
10. Informal Status Reports
Councilmember Bolkcom
asked if there has been any discussion with the individual from the
special use permit. Any update yet?
Mr. Hickok
replied there have been a couple talks. The first one was basically kind of a
summary of what they do and how they do it to try and accomplish what the stipulations insisted
that site would have take place. Some of those are not defined enough at this point to get at the
issues they talked about at the last Council meeting. Staff is working with the owner who seems
to be very cooperative in this effort to get the language right and to get the methodology by
which they keep an eye on that area behind the building so they will not have any issues.
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 8:50
P.M
.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 13, 2016
Date: June 7, 2016
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Second Reading of an Ordinance Amending R-4 Section of Zoning
Code Pertaining to Mobile Home Parks; TA#16-02
Background
The City Council has now held a public hearing and the first reading of an ordinance which makes
changes to the R-4 Section of the Zoning Code. This text amendment is needed to update terms to match
other sections of the Zoning Code related to manufactured home parks. The key change includes applying
the same restrictions for home occupations for this zoning district as the City has in single family and
two-family zoning districts.
To date, staff has not found there to be any other changes needed to the proposed ordinance language for
the R-4 zoning code.
Recommendation
Staff recommends that the City Council hold the second reading and adopt the proposed, attached ordinance
at the June 13, 2016 City Council meeting. If adopted, the ordinance gets published and becomes effective 15
days after publication.
ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 205.10, R-4 MOBILE HOME PARK
DISTRICT REGULATIONS IN THE FRIDLEY ZONING CODE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley Zoning Code be hereby amended as follows:
Section 1: That Chapter 205, Section 205.10 of the Fridley Zoning Code be hereby
amended as follows:
FRIDLEY CITY CODE
SECTION 205.10. R-4 MOBILE MANUFACTURED HOME PARK DISTRICT
REGULATIONS
1. USES PERMITTED
A. Principal Uses.
The following is a principal use in R-4 Districts:
Mobile Manufactured home park developments
B. Accessory Uses.
The following are accessory uses in R-4 Districts:
(1) Parking facilities
(2) Individual storage buildings, with a maximum of 150 square feet per lot.
(3) Private recreational facilities or a central building which includes swimming pools,
tennis courts, laundry facilities, etc., intended solely for the use and enjoyment of the
residents of the principal use and their guests.
(4) Home occupations.
Home occupations shall be allowed in the R-4 Manufactured Home Park District,
subject to the following criteria.
(a)Home occupations must be carried on entirely within the dwelling unit.
(b)Home occupations are not permitted within a detached or attached accessory
building or garage.
(c)The entrance to the space devoted to such occupation shall be within the
dwelling. There shall be no separate entrance into the business area.
(d)Employees are restricted to occupants of the dwelling and a maximum of one (1)
non-occupant employee.
(e)There shall be no internal or external alterations, which involve construction
features not customarily found in dwellings.
(f)Mechanical equipment that is not customarily found in a home may not be
installed within the dwelling.
(g)Exterior storage of equipment or materials used in the home occupation is
prohibited.
(h)Parking of commercial vehicles must follow regulations set forth in Chapter
506.13 of Fridley City Code.
(i)There shall be no additional exterior indication of the home occupation,
including advertising and/or displays of any kind other than the permitted
signage set forth in Chapter 214.
(j)Parking needs for the home occupation shall not exceed more than two (2)
parking spaces at any given time in addition to the spaces required by the
occupants.
(k)A home occupation involving teaching is limited to four (4) or less students at
any given time and lessons or classes shall be given within the principal structure
only.
(l)Licensed day care as defined and regulated by state law is considered a permitted
accessory use subject to the regulations set forth herein.
(m)Over the counter retail sales are prohibited except for articles incidental to a
permitted commercial service such as shampoo sold by a beautician or barber
and sales conducted by mail or the internet.
(n)No more than three (3) garage sales of no more than three (3) consecutive days
per sales event may be conducted on a property in a 12-month period.
(o)The following activities or those of a similar nature are prohibited:
(1)Motor vehicle service or repair of any vehicles other than those registered to
residents of the property;
(2)A commercial food service requiring a State license or inspection by a
government entity other than the City;
(3)Activities that generate significant amounts of customer traffic to the
premises, in excess of ten (10) vehicles per day;
(4)Activities that generate significant amounts of truck traffic to the premises in
excess of three (3) deliveries or pick-ups per week. Deliveries and pick-ups
by semi-truck/trailer shall be prohibited.
C. Uses Permitted With A Special Use Permit.
The following are uses permitted with a Special Use Permit in R-4 Districts:
(1) Wind generators and other tower mounted energy devices exceeding a height of
twenty (20) feet above the dwelling roof.
(2) Solar energy devices NOT an integral part of the principal structure.
(3) Exterior storage of materials.
(43) Day Care Centers provided they are to be located in places of worship, schools or
in other buildings. (Ref. 1121)
(a) At least one (1) off-street parking space shall be provided for each 100 square feet
of useable day care floor area.
(b) Reduction of parking spaces may be allowed when provision of space required for
parking stalls, due to the particular nature of the proposed use or other
considerations would be an unnecessary hardship. Adequate open space shall be
provided to satisfy the total number of required parking spaces.
(c) When the provisions for required parking space is inadequate, the City may
require additional off-street parking be provided. (Ref. 864)
(d) Minimum lot size is 12,000 square feet. (Ref. 1121)
D. Additional Restrictions.
For uses other than principal uses, requirements as to lot size, setbacks, building, parking,
landscaping, screening, etc., shall be at least comparable to similar uses in other districts,
but also subject to additional provisions as provided by the City.
2. USES EXCLUDED
Any use allowed or excluded in any other district unless specifically allowed under Uses
Permitted of this district are excluded in R-4 Districts.
3. LOT REQUIREMENTS AND SETBACKS
A. Lot Area.
(1) Each dwelling site in a mobile manufactured home park shall have a minimum of
3,500 square feet.
(2) Each mobile manufactured home park shall have a minimum of ten percent (10%) of
the total land area to be used for open space recreation areas.
B. Lot Coverage.
Not more than thirty percent (30%) of total area used for the mobile manufactured home
park shall be covered by all units and accessory structures.
C. Setbacks.
No mobile manufactured home shall be placed any closer to a public street right-of-way
than thirty-five (35) feet nor any closer to any other district than fifteen (15) feet.
4. PARKING REQUIREMENTS
A. Stall Provisions.
Two (2) off-street parking spaces shall be provided for each unit unless the private access
roads are surfaced to a thirty-six (36) foot minimum width.
B. Curbing and Drainage.
All interior streets shall have concrete curbs and the road surface constructed according
to City standards to handle drainage according to a City approved drainage plan.
Fridley City Code Chapter 205 (Zoning) Section 205.10. 6. E.(1)
5. LANDSCAPE REQUIREMENTS
A. As of February 1, 1983, the minimum landscaped area for allmanufactured
mobile home
site.
dwellings shall be thirty-five percent (35%) of the total
B. All open areas of any site, except for areas used for parking, driveways or storage shall
be landscaped and be incorporated in a landscape plan.
C. The landscape plan shall be submitted for approval by the City, and indicate the location,
size and species, and method and quantity of all proposed plants including designation of
any existing vegetation which is to be removed or which willremain with construction.
6. PERFORMANCE STANDARDS
A. Parking Requirements.
All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard
surface material approved by the City.
B. Prohibited Parking.
No outside parking or storage of motor vehicles shall occur except on approved
hardsurface driveways and parking stalls. (Ref. 1017)
C. Exterior Storage.
(1) Nothing shall be stored in the required front yard.
(2) All materials shall be kept in a building or shall be fully screened, so as not to be
visible from any public right-of-way.
(3) The City shall require a Special Use Permit for any exterior storage of materials.
D. Refuse.
All waste materials, refuse or garbage shall be contained in closed containers as required
under the chapter entitled "Waste Disposal" of the Fridley City Code.
E. Screening.
(1) Screening shall consist of a solid fence or wall not less than six (6) feet high in the
side and rear yards and a maximum of four (4) feet high in the front yard, and shall
not extend to within fifteen (15) feet of any street right-of-way line. Plantings may
also be required in addition to, or in lieu of, fencing. The type, size and location of
such plantings must be approved by the City.
Fridley City Code Chapter 205 (Zoning) Section 205.10. 6. F.
(2) Plantings shall not be placed so as to obstruct lines of sight at street corners and
driveways.
(3) The screening requirements shall be satisfied by the use of a screening fence or
planting screen according to the following standards:
(a) A screening fence shall be attractive and compatible with the principal building
and the surrounding land use.
(b) A planting screen shall consist of a closely grown hedge, a row of trees,
evergreens or other vegetation approved by the City.
(c) If the topography, natural growth of vegetation, permanent buildings or other
barriers meet the standards for screening as approved by the City, they may be
substituted for all or part of the screening fence or planting screen.
(4) Screening of off-street parking shall be required for:
(a) Any off-street parking area requiring more than four (4) spaces or adjoining an
R-1 or R-2 District.
(b) Any driveway to a parking area of four (4) or more spaces is within thirty (30)
feet of an adjoining R-1 or R-2 District.
(c) Any parking facility between the building and frontage street must be screened
from the street by a hedge, solid fence or closely grown planting strip, at least
thirty-six (36) inches in height.
(5) All refuse or garbage storage receptacles and loading docks must be located in the
rear or side yard, and be totally screened from view from any public right-of-way.
Provisions must be taken to protect screening from vehicle damage.
(6) Where any mobile manufactured home park district is adjacent to any other
residential district, there shall be a minimum fifteen (15) foot wide screening strip to
provide for a physical separation.
(7) All roof equipment, except alternate energy devices, must be screened from public
view unless the equipment is designed as an integral part of the building and is
compatible with the lines of the building.
F. Drainage And Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all
buildings is provided. The following minimum criteria shall apply:
Fridley City Code Chapter 205 (Zoning) Section 205.10.6. H. (2) (a)
(1) The minimum elevation of a finished grade shall not be less than one-fourth (1/4)
inch rise per horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to
allow proper drainage and connection to City utilities.
G. Landscaping.
The following shall be minimum criteria for landscaping:
(1) Sodding and landscaping shall extend across the entire front yard and side yards,
including the boulevard.
(2) All other open areas of any site, except areas used for parking, driveways or storage,
shall have ground cover and belandscaped with trees, shrubs, berms, and other
landscape materials.
(3) All uses shall provide water facilities to yard areas for maintenance of landscaping.
(4) It shall be the owner's responsibility to see that all required landscaping is maintained
in an attractive, well- kept condition.
(5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner
free of litter and junk.
H. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be
reasonably watertight, weathertight and rodent proof and shall be kept in a good state
of maintenance and repair. Exterior walls shall be maintained free from extensive
dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood
or other material that give evidence of long neglect.
(2) The protective surface on exterior walls of a building shall be maintained in good
repair and provide a sufficient covering and protection of the structural surface
against its deterioration. Without limiting the generality of this Section, a protective
surface of a building shall be deemed to be out of repair if:
(a) More than twenty-five percent (25%) of the area of any plane or wall on which
the protective surface is paint is blistered, cracked, flaked, scaled or chalked
away, or
Fridley City Code Chapter 205 (Zoning) Section 205.10. 6.I. (2)
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is
loose or has fallen out.
(3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and
other exterior development shall be maintained in an attractive, well kept condition.
(4) The boulevard area of a premises shall be properly maintained, groomed and cared
for by the abutting property owner.
I. Essential Services.
(1) Connection is required on each lot served by City sanitary sewer.
(2) Connection is required on each lot served by a City water line.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
____ DAY OF __________ 2016.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
PLANNING COMMISSION MEETING
May 18, 2016
Chairperson Kondrick
called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT:
David Kondrick, Brad Sielaff, Leroy Oquist, David Ostwald, Mark
Heintz, and Mark Hansen
OTHERS PRESENT:
Stacy Stromberg, Planner
Natasha Lukacs, Code Enforcement Intern
Steve Witzel, Mobile Maintenance, Inc.
Joe Fulton, 520 Glencoe Street NE
Todd Ofsthun, TCO Design
Nathan Running, Gen One LLC
Dean Bloemke, Welcome Home Management Co., Hutchinson MN
th
Paul and Mary Ann Laes, 5400 4 Street
Approval of Minutes:
April 20, 2016
MOTION
by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner
Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Commissioner Hansen
stated regarding Commissioner Oquist's question about what the EQE
Commission was talking about in reference to the bubbler that existed in Moore Lake he wanted to clarify
it is a bubbler that aerates the lake. It allows for fishing and helps maintain fish. However, it also attracts
quite a bit of water fowl which tend to produce a lot of undesirable things along the Moore Lake beach
area and reduces the water quality. It is something they are looking at and would like the City to perhaps
eventually consider turning it off for a period of time.
1. PUBLIC HEARING:
Consideration of a Public Hearing for a Special Use permit, SP #1604, by Mobile
Maintenance, Inc., to allow the construction of a parking lot on a lot zoned R1, Single
Family, for the purpose of parking vehicles related to the petitioner's business, generally
located at 513 Fairmont Street NE.
MOTION
by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03
P.M.
Stacy Stromberg
, Planner, stated the petitioner, Steve Witzel, the owner of Mobile Maintenance, Inc.,
which is located at 8150 East River Road and 505 Fairmont Street, is seeking a special use permit to
expand his business parking lot to the residential lot at 513 Fairmont Street.
Ms. Stromberg
stated the petitioner has owned the lot at 513 Fairmont Street for over 20 years and has
used a portion of the east side of the lot for parking of vehicles for his business. The proposed expansion
Planning Commission Meeting
May 18, 2016
Page 2 of 17
of the parking lot onto the property at 513 Fairmont Street will allow the petitioner to create a buffer
between the residential home next door and his business. The buffer will be created through the
installation of fencing and shrub and grass plantings.
Ms. Stromberg
stated the subject property is a 50-foot wide residential lot located on the north side of
Fairmont Street, west of East River Road. It is zoned R-1, Single Family, as are the properties to the
north, west and south. The petitioner’s property at 8150 East River Road and 505 Fairmont Street,
located to the east are zoned C-1, Local Business. The house that was originally constructed on the lot
was built prior to 1949. In 1994, the City Council approved a resolution authorizing demolition of the
house because it had become hazardous. As a result, the house was demolished in 1994. In 1995, the
petitioner purchased the 513 Fairmont Street property.
Ms. Stromberg
stated the petitioner has operated his business at 505 Fairmont Street for 25 years. The
City Council granted a special use permit to allow outdoor storage of material and equipment on the 505
Fairmont Street property in 1993, with several stipulations. When the City conducted systematic code
enforcement inspections of its commercial and industrial properties in 2009, staff noticed the petitioner
was in violation of his special use permit related to the outdoor storage and inoperable vehicles.
Ms. Stromberg
stated since 2009 City staff has notified the petitioner in 2010, 2012, and 2013 of special
use permit violations on the property related to outdoor storage and parking violations. In 2014 City staff
brought the special use permit before the City Council to consider revocation because of the increase in
vehicles being parked on the street, encroaching on the vacant residential lot and the vacant commercial
lot to the south. The Council did not revoke the special use permit; however, they added a stipulation to
the permit that required the petitioner to install curb and gutter along the western edge of the parking lot
at 505 Fairmont Street that would meet code requirement by February 10, 2016, to help resolve the
ongoing parking issue.
Ms. Stromberg
stated staff has had continued conversations with the petitioner over the last few years;
however the additional stipulation was not met by February 10, 2016 deadline. Therefore, an additional
code enforcement letter was sent.
Ms. Stromberg
stated the petitioner determined that after installing the code-required curb and gutter,
with designed parking stalls and drive aisles, there would not be enough land area available on the 505
Fairmont Street parcel to actually use the lot for a parking the business needs. Staff and the petitioner
discussed rezoning the 513 Fairmont parcel from R-1, Single Family to C-1, Local Business; but
determined that it is not ideal to extend the commercial zoning further into this neighborhood, specifically
for this use.
Ms. Stromberg
stated instead staff suggested the petitioner apply for a special use permit to allow the
vacant parcel to be used as additional parking area for the petitioner’s business, since that is a provision
that is already in City code, provided he complies with setback and other code requirements. A special
use permit allows the City to place stipulations on the permit that will need to be complied with in order
to maintain the permit. It will also allow the lot to be developed with a single-family house in the future
if this business relocates, as the lot will still be zoned residential.
Ms. Stromberg
stated automobile parking lots for off-street parking spaces for any use on adjacent land
is a permitted special use in the R-1, Single Family zoning district, provided they meet setback and
screening requirements, subject to the stipulations suggested by staff.
Planning Commission Meeting
May 18, 2016
Page 3 of 17
Ms. Stromberg
stated the petitioner is seeking this special use permit to provide the parking he needs for
his business, which will also increase visibility for those traveling along Fairmont Street, as the vehicles
will no longer be parked on Fairmont Street. The petitioner has submitted a site plan and landscape plan
which show the required setback separation required from the neighboring residential property and the
street right-of-way, which will also allow for the installation of a fence, landscaping and a rain garden.
Ms. Stromberg
stated City staff has not received any comments to date from neighboring property
owners.
Ms. Stromberg
stated City staff recommends approval of this special use permit, as automobile parking
lots for off-street parking spaces for any use on adjacent land is an approved special use in the R-1, Single
Family zoning district, with stipulations.
Ms. Stromberg
stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1.The petitioner to obtain a land alteration permit from the City’s engineering staff prior to
start of construction of parking area.
2.The petitioner shall obtain any required permits from the Coon Creek Watershed District.
3.The new parking area, curb, gutter, fence and landscaping shall be installed by September
30, 2016.
Commissioner Oquist
asked what is a land alteration permit?
Ms. Stromberg
replied, that permit is issued through the City's engineering department and it is used any
time there is a certain amount of dirt being moved. A land alteration permit may be issued any time a
new parking lot goes in or a driveway goes in. Any time there is a lot of land disturbance, the City
requires the property owner to get a land alteration permit through the City's engineering department.
Commissioner Oquist
stated that would be the amount of dirt that has to be removed to put the asphalt
into the parking lot.
Ms. Stromberg
stated yes, and the City's engineers will review for storm water and to make sure they are
in compliance with all those requirements.
Commissioner Hansen
asked regarding the rain garden, is the applicant going to be responsible for the
long-term permanent maintenance of the rain garden?
Ms. Stromberg
replied, right, yes.
Commissioner Sielaff
asked Ms. Stromberg to go back and show the aerial. When looking at it, putting
in the new parking lot, he asked then would the vehicles park closer to the boundary?
Ms. Stromberg
stated, correct, the landscape plan she showed on the previous screen was specific to 513
Fairmont Street address. Which means that 25 feet from the property line is where the rain garden would
be situated; and 10 feet on either the north side and the west side of the property will be landscaping and
fencing. Then the interior area would be where the parking lot and drive aisles will be.
Chairperson Kondrick
stated it looks like the petitioner will be able to roughly double his current
Planning Commission Meeting
May 18, 2016
Page 4 of 17
parking capabilities.
Ms. Stromberg
stated that is certainly likely and he won’t be parking in the boulevard or across the lawn
like he is right now.
Commissioner Hansen
asked how many vehicles are planned to be parked? Looking at the dimensions
of the layout, he figured about 7 or 8. Based on the aerial the petitioner has about 8 trucks, will that be
about the same?
Ms. Stromberg
stated she is not sure whether the petitioner has any plans to expand his fleet. He does
own 8150 East River Road and 505 Fairmont Street as well, so there are additional parking opportunities
on those lots.
Chairperson Kondrick
asked the petitioner how many more vehicles are necessary for him to do a
business?
Steve Witzel,
Mobile Maintenance, Inc., replied they actually have less vehicles now then is shown on
the aerial. They have worked out an agreement with the laundry business next door, for additional
parking spots if needed. They will typically park the employees' vehicles at the laundromat as they have
extra parking there.
Chairperson Kondrick
asked if acquisition of this land will be used to help him have his employees
parking there as opposed to the laundromat's lot?
Mr. Witzel
stated that many employees now bring their vehicles home so less employee’s cars need to be
parked on site, but the new parking plan will work. He stated it will increase the safety as well because
they will have more room to move around in the parking lot and when looking both directions on the
street. The flow will be a lot better as well.
Commissioner Sielaff
asked Mr. Witzel there will be adequate parking for his vehicles and the
employees?
Mr. Witzel
replied, yes, and they have actually encouraged several of their employees to take their
vehicles home now.
Commissioner Hansen
asked are these vehicles that are in continuous use or are they in storage?
Mr. Witzel
replied, at any given time he has two extra vehicles in case a vehicle breaks down. In the past
City staff noticed inoperable vehicles with the tabs expired. They were not sitting there on blocks with no
motors or tires, etc.
Chairperson Kondrick
asked the petitioner if he had an opportunity to see and explore the stipulations
that were suggested?
Mr. Witzel
replied, yes.
Chairperson Kondrick
asked Mr. Witzel whether he had any problems with them?
Planning Commission Meeting
May 18, 2016
Page 5 of 17
Mr. Witzel
replied, no. The only thing that has been a little bit of an issue which really is not relevant
here is that he’s learned anything one acre or less is not required to have a permit from the Watershed, but
the Watershed is insisting he has one anyway.
Ms. Stromberg
replied, she knows Mr. Witzel has been working with the Watershed on this discrepancy.
Mr. Witzel
replied, his engineering firm pointed this out. They suggested to him he did not need an
engineer because of the size of the lot, the Watershed does not need a plan. However, at the end of the
day he will jump through whatever hoops he feels are necessary to accomplish this.
Commissioner Ostwald
asked why would the Watershed be involved? The property is not next to the
river or drainage, etc.
Mr. Witzel
stated anytime anybody does any dirt work within the watershed the watershed district
requires that a permit process be followed. He is not sure it is applied to everyone but is to him because it
is a commercial lot.
Commissioner Hansen
stated he has some background with the Watershed and from their prospective if
this property were developed today it would have these types of requirements, like a rain garden.
Therefore, when applications of this nature come in they look at trying to bring up the whole site into
current standards. A rain garden is a good thing as long as it is maintained.
Mr. Witzel
stated when the engineer he hired suggested as they were going to need to do an underground
water tank and a lift station, that is when he became concerned, because it would cost him more to
comply with the Watershed than it would for the whole project.
Chairperson Kondrick
stated they understand his position.
Joe Fulton
, 520 Glencoe Street NE, stated he lives on the property just north. Obviously the view is
going to change which is not an ideal situation, as it is just an empty lot right now. They are shifting parts
of the commercial business over into a residential lot so that becomes his backyard. Granted he
understands there is going to be fencing, etc. He did get a copy of the site plan but it does not state what
the fence height will be and how it is going to appear.
Mr. Fulton
also asked if the use of the lot has the potential to change. Is it strictly going to be parking or
are they going to allow for storage of things back there? He just wanted a better understanding of the
request. It is not an ideal situation coming into a residential area. The parking lot will have a lot more
traffic and cars coming in and out all the time. He wants to make sure it is convenient for everybody.
Commissioner Oquist
stated it seems to him if they build an appropriate fence it is going to help block
things. There will be a fence and some plantings. It might be better for Mr. Fulton that way so he is not
directly looking at a building.
Commissioner Kondrick
asked Ms. Stromberg how tall does the fence have to be?
Ms. Stromberg
stated the maximum height on the fence is 8 feet. She is assuming the petitioner is
planning on doing a 7 or 8-foot fence. She does not typically see anything shorter in a commercial zoning
district. The 513 Fairmont Street lot would only be allowed to have parking related to this business. That
Planning Commission Meeting
May 18, 2016
Page 6 of 17
is specifically what the special use permit is for. If anything were to change, Mr. Fulton would be
notified again because there would have a hearing. The petitioner is allowed the outdoor storage area on
505 Fairmont Street address. That cannot expand or change without coming back to Council for further
review.
Mr. Fulton
stated that it would be a concern if the business continued to expand. When it is going from
residential to commercial it might be the first step of other things that could eventually happen.
Commissioner Oquist
stated, first of all, they are not rezoning property. They are just giving him a
special use permit. If the petitioner wanted to change anything on that property, it would have to come
before another hearing. He can only use that as a parking lot. He cannot expand on it, etc.
Commissioner Heintz
asked Ms. Stromberg whether the petitioner will have to match the fence that
covers the outdoor storage now on the north side now or tie into it.
Ms. Stromberg
replied, she is not exactly sure what the material type is of the fence on the north side.
The petitioner would not have to tie into the exact same material. She would suggest that he does do that
if it is in good condition. She would not want to stipulate it be the exact same material without knowing
the condition of the material.
Mr. Witzel
stated it is a dog-eared cedar fence now. They would match the fences. He is considering the
plastic fence panels which are white and maintenance free as an option too. He honestly thinks it will be
better when it is done because right now the trucks are parking there; and there is nothing to shield the
headlights at night, etc. He thinks it will look 100 percent better than it has in 10 years because he could
not use it for anything so all he did was mow the grass.
Chairperson Kondrick
asked how tall of a fence is he planning on putting in?
Mr. Witzel
replied, 6 to 8. Probably 8.
Chairperson Kondrick
stated "8" would be best.
Mr. Witzel
replied, yes.
Chairperson Ostwald
asked about the 10-foot buffer zone between, does he maintain that space between
the chain link fence on the north side and then have the wood fence. The petitioner would make sure and
keep that maintained all the way around otherwise Mr. Fulton will be looking at a pile of weeds back
there.
Mr. Witzel
replied, Mr. Fulton has slats on his fence as well. In any case they plan on maintaining it. If
they need to they will put rain garden there. If they do not it, they will have grass.
Chairperson Kondrick
stated to the petitioner it sounds like he is going to be a good neighbor.
Mr. Witzel
replied, he tries to.
MOTION
by Commissioner Oquist to close the public hearing. Seconded by Commissioner Heintz.
Planning Commission Meeting
May 18, 2016
Page 7 of 17
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:30
P.M.
MOTION
by Commissioner Sielaff approving Special Use permit, SP #1604, by Mobile Maintenance,
Inc., to allow the construction of a parking lot on a lot zoned R1, Single Family, for the purpose of
parking vehicles related to the petitioner's business, generally located at 513 Fairmont Street NE with the
following stipulations:
1.The petitioner to obtain a land alteration permit from the City’s engineering staff prior to
start of construction of parking area.
2.The petitioner shall obtain any required permits from the Coon Creek Watershed District.
3.The new parking area, curb, gutter, fence and landscaping shall be installed by September
30, 2016.
Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Fulton
asked about the security lights in the parking lot.
Chairperson Kondrick
asked whether the City has any provisions as to lighting?
Ms. Stromberg
replied City Code does regulate lighting. Even if they do not have a stipulation on this
request, if he were to call or let the City know there was a glare or light issue, that is something the City
would definitely be able to handle.
Mr. Witzel
replied, he didn’t think he was going to install lighting in the back, but if he did it would be
facing his property and would be motion sensored.
Ms. Stromberg
stated the City's lighting code also does require that lights be shielded and downcast so it
could not shine across the property line.
2. PUBLIC HEARING:
Consideration of a Public Hearing for a Special Use Permit, SP #16-03, by TCO Design, to
revise special use permit, SP #15-09 that was approved to allow a 23 patient room home
health care building in an R-3, Multi-Family zoning district, to increase the amount of
patient rooms to 28. The overall size of the building won't change, just the layout within the
inside of the building, generally located at 5300 4th Street NE.
MOTION
by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:34
P.M.
Planning Commission Meeting
May 18, 2016
Page 8 of 17
Ms. Stromberg
stated the petitioner, Todd Ofsthun, with TCO Design, on behalf of Gen One, LLC, who
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are the properties owners of 5300 and 5310 4 Street NE, is seeking a special use permit to modify the
special use permit that was originally approved by the City Council on September 28, 2015 and March 9,
2015 to allow the construction of a comprehensive home care building on the subject properties.
Ms. Stromberg
stated since the September 28, 2015, approval, the property owners are in the process of
hiring Welcome Home Management Company to manage the facility and Americana, to finance the
project. Based on their expertise with this type of a facility, they are modifying the special use permit to
increase the amount of beds from 24 to 28. The increase in beds directly relates to the financing for this
project and an increased interest and demand for this type of facility.
Ms. Stromberg
stated the following are changes since the September approval:
• The building footprint has been reduced from 5,732 square feet to 5,730 square feet.
• The number of patient beds has been increased from 24 to 28.
• Each patient room now has a bathroom.
• The larger day/gathering room space and kitchen has been moved to the main floor.
• The second and third floors have the patient rooms, with areas for medicine/laundry and
storage.
• The amount of parking stalls provided is 16, which is the same number that was provided for
the last request. Based on assurances from the management company the property owner is
planning to use, the 16 stalls should be more than adequate for staff and visitors. Because of
the medical conditions the patients have, they are unable to drive. The shape of the building
has become more narrow and elongated on the site, still complying with lot coverage, and
setback requirements.
• The overall height of the building and the use, as a comprehensive home care building, will
remain the same.
• The existing garage will remain and be renovated – same as other request.
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• The building will only be accessed from 4 Street through the use of a sidewalk – same as
other request.
Ms. Stromberg
stated the subject property is zoned R-3, Multi-Family and has been since the City’s first
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zoning map. The majority of this neighborhood (east of University Avenue, north of 53 Avenue, and
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west of 7 Street) is zoned R-3, Multi-Family, with some parcels in the middle of the neighborhood zoned
R-2, Two-Family and parcels on the east edge zoned R-1, Single Family. Within this neighborhood is a
mix of single-family homes, duplexes, 4-plexes and larger unit buildings. The Bona Brothers property on
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the corner of University Avenue and 53 Avenue was rezoned from R-3, Multi-Family to C-2, General
Business in 1971 and 1999 to allow that use to exist.
Ms. Stromberg
stated hospitals, clinics, and convalescent/nursing homes are a permitted special use in
the R-3, Multi-Family zoning district provided that the proposed project complies with the requirements
for the special use permit, subject to the stipulations. The proposed use as a comprehensive home care
use is most comparable to a convalescent home or assisted living use and therefore staff has determined
that a special use permit would be required for the proposed use to exist on this site.
Ms. Stromberg
stated the proposed facility will have a Comprehensive Home Care Provider License
through the Minnesota Department of Health.
Planning Commission Meeting
May 18, 2016
Page 9 of 17
Ms. Stromberg
stated the patients using the facility will be recovering from surgery, transplant (pre-op
and post-op) or another type of medical procedure that leaves them needing extensive rehab and medical
services. This type of use is needed for patients, who for medical reasons, can’t be on their own and do
not have family or friends who can care for them.
Ms. Stromberg
stated based on the slope of the lot, the building will look like a 3-story building from the
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alley and more like a 2 ½ -story building from 4 Street. The ground floor will have (3) separate
bedrooms, the second floor will have (13) separate bedrooms, and the third floor will have (12) separate
bedrooms, so the building has the ability to house a total of 28 patients.
Ms. Stromberg
stated Code would require 13 parking stalls for a nursing home use and 14 parking stalls
for an assisted living use, therefore the site plan meets code requirements. The petitioner will be
providing 16 parking stalls, 6 will be mostly covered under a cantilever roof and the other 10 stalls will be
surface parking stalls. Based on assurances from the management company the property owner is
planning to use, the 16 stalls should be more than adequate for staff and visitors. Due to the medical
conditions the patients have, they are unable to drive.
Ms. Stromberg
stated the previous site plans submitted by the petitioner did comply with code
requirements for parking. The neighbors, the Planning Commissioners and staff did have some concerns
as to whether there would be enough parking with staff, plus visitors, and any other specialized staff
needed for the patients. Therefore, the petitioner has gone above and beyond what code would require for
parking, in order to help alleviate any concerns. The proposed plan has 16 parking stalls, which is 3 over
what code would require for a nursing home use and 2 over what would be required for an assisted living
use.
Ms. Stromberg
stated when approving a request like this, staff wants to make sure there is adequate
parking provided on-site and that the use is not dependent upon on-street parking. The 16 parking stalls
will be adequate for staff and visitors, however since the street is not signed “No Parking”, it is likely that
from time to time visitors will park on the street. This is acceptable, provided it does not start becoming a
problem. Staff will keep the stipulation previously placed on the special use permit that states if on-street
parking becomes an issue for this site, the special use permit will need to go back before the City Council
for further review.
Ms. Stromberg
stated the special use permit will also need to go back before the Council for review if in
the future the use of the building is changed. The building as designed couldn’t work if people residing in
it did not have health conditions that did not allow them to drive.
Ms. Stromberg
stated City Staff recommends approval of this special use permit request as hospitals,
clinics and convalescent and nursing homes are a permitted special use in the R-3, Multi-Family zoning
district.
Ms. Stromberg
stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1.The petitioner shall obtain a demolition permit prior to removal of the existing house on
the 5300 4th Street property.
2.The petitioner shall obtain all necessary permits prior to construction.
Planning Commission Meeting
May 18, 2016
Page 10 of 17
3.The petitioner shall meet all building, fire, and ADA requirements.
4.City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5.Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6.If on-street parking becomes an issue as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner’s expense.
7.If the comprehensive home health care use changes, the special use permit shall be
further reviewed by the City Council at the owner’s expense.
Commissioner Sielaff
asked whether there are any different parking requirements being that there are
more beds?
Ms. Stromberg
stated they are proposing the same amount of parking stalls as the previously request,
with the addition of 4 more beds the request will still comply with parking requests as City Code requires
13 parking stalls for nursing homes and 14 parking stalls for assisted living with that many beds. The
petitioner is providing 16 so they are over what Code would require based on the amount of beds they
have.
Commissioner Sielaff
stated for 28 beds they meet the Code.
Ms. Stromberg
replied, they do.
Commissioner Sielaff
stated but they still have the same amount of parking spots. So they had too many
parking spots previously.
Ms. Stromberg
stated, they had more than code would require. If the Commission remembers the first
time the petitioner came through there was a lot of concerns about parking and where people were going
to park if the therapist came and with shift changes, etc. Now the petitioner is working on hiring this
other group that managers these types of facilities already and they can answer questions about parking
needs. There was some data provided in the Commissioner's packet as to the amount of employees on
each shift and what happens during a shift change, etc. She believed the petitioner also has people here
tonight who can answer parking related questions. The petitioner felt there was not a need to add even
more parking than what they are proposing.
Commissioner Sielaff
stated he remembered they talked about off-street parking. That is not an issue
anymore?
Ms. Stromberg
replied the street is not marked "No Parking". Occasionally a visitor may park on the
street. If it becomes an issue then the City will have to further review the special use permit because it is
not working then.
Commissioner Hansen
stated he cannot quite tell from the plan, but is there a rain garden or anything
like that proposed on the site?
Ms. Stromberg
replied, there should be a copy of the landscape plan in their packet. The petitioner has
been working very closely with Kay Qualley, Environmental Planner to design the landscaping and the
Planning Commission Meeting
May 18, 2016
Page 11 of 17
necessary storm water treatments.
Commissioner Hansen
in part of the analysis it talks about telemedicine. He did not know what that is
and perhaps the applicant can clarify that.
Ms. Stromberg
replied, the petitioner would be able to best answer that question.
Chairperson Kondrick
stated when they were going from 24 units to 28, there will be curious as to
whether the parking was going to be enough as was the concern the first time this request was heard. It is
only logical for people to assume that might become a problem. He wants to have that explained more.
He knows what Ms. Stromberg said the Code is, etc.; but the City Council will be asking this very same
question. Is there going to be enough parking because the citizenry around there is going to want to know
what is going on, especially when they hear there are going to be more beds. If there is enough parking,
great. He wants to hear why there isn’t and how they can allow that.
Todd Ofsthun
, TCO Design, stated in regards to telemedicine, he thought they had that taken out of the
most recent request. If not, he apologizes. At this point they do not want to commit to telemedicine.
Telemedicine is a way for registered nurses to take care of patients through interactive discussions with
doctors that are connected through the TV, kind of like Skype. Doctors and even registered nurses can
consult personal care providers on site where the patient is without coming to the site. This feature is
something they may look at doing in the future.
Mr. Ofsthun
stated one of the people he has with him tonight, is Dean Bloemke who owns Welcome
Home Management Company, and he will be managing the new concept assuming it gets approved. The
owner, Nate Running, is also here and he can answer some questions as to how they got to this point.
One person who is not here but was at the staff meeting was Susan Hanson with Americana Bank and
basically she stated the same thing as Mr. Bloemke, that the new concept would be financed. They had
already gone through the process of the review and looking at the building with the owners and said, yes,
we will approve that.
Mr. Ofsthun
stated they also have some representatives from the construction company regarding
building site construction and materials, etc.
Chairperson Kondrick
asked Mr. Ofsthun if he heard what he had to say about parking. This is a
concern to the Commission and it will be to the City Council.
Mr. Ofsthun
replied, yes, and they will address that. They did go over what code required for parking in
the past and even though they are increasing the units, the felt the amount of parking stalls was still
adequate, but Dean Bloemke can better answer this question as he runs similar facilities by Welcome
Home.
Chairperson Kondrick
asked Mr. Ofsthun if he or his staff had any problems with the stipulations? He
asked if he understands them?
Mr. Ofsthun
replied, yes.
Nathan Running
stated when they originally started with this project he thought he could hire a local,
smaller management company that could run the facility for them because this is not his area of expertise.
Planning Commission Meeting
May 18, 2016
Page 12 of 17
The company he was originally talking to overstaffed the building so that is where the parking concern
came into plan. Then through the process of getting the approval from his local bank, Americana Bank,
the owner of that bank actually owns a couple of these facilities that Welcome Home Management
manages. So through this process he had an opportunity to meet Dean Bloemke who runs Welcome
Home Management and, after much dialogue back and forth, they determined they did not need the
number of staff they originally thought they needed. They thought they needed five more staff members
than they actually do to run this facility. That is a product of finding the right management company who
understands the staffing needs.
Mr. Running
stated he had Dean Bloemke join them tonight. He owns some facilities, manages some
facilities that are a similar size to this project. He’s here to help answer parking questions and needs.
Commissioner Sielaff
asked how many are they reducing the staff by?
Mr. Running
replied, they were at 12 and now they are down to 8 at the maximum.
Dean Bloemke
, Welcome Home Management Company, stated he has been in the assisted living
business for about 25 years. He was one of the first people to get into the business in the state. They
manage properties all over Minnesota. He has a number of interests in different companies. The first one
was Welcome to Our Home as a development company and they went out and built different models of
different assisted living starting 25 years ago and they converted a dormitory style building into an
assisted living. They are now up to 75 assisted living buildings.
Mr. Bloemke
stated the industry has kind of oversold the assisted living. You see the Taj Mahals out
there, but the care that is needed almost goes back to where they originally started at 25 years ago. That
is the very small 25-30 units where you can get the specialized care and really take care of what the
patient needs. There is the social model and the medical model. They chose the social model which has a
very nice environment, nice living spaces, lots of common areas so people can interact with each other;
and they built two of those. One is in Hutchinson and one is in New Ulm. Each one has 18 parking
spaces. They have found the parking spaces to be adequate as long as the director ensures that the non-
used cars from people who come into this level of care are no longer driving cars as they are generally
done with them.
Mr. Bloemke
stated the maximum number of people they have planned on a weekday is 8. That is 4 care
providers (2 per floor), a cook, a community life coordinator, a registered nurse, and an executive
director. From there the numbers go down and the p.m. goes to 6 and then to 4. On the weekend they
eliminate the executive director. He really believes they have adequate parking based on their experience
and what they have seen in the past.
Mr. Bloemke
stated they are talking about using a comprehensive care license in Minnesota. That is the
assisted living license. The use of the property as proposed is truly assisted living, and that parking
requirement is 14.
Chairperson Kondrick
stated so the State of Minnesota is comfortable with the care they are providing
for those that are within facility.
Mr. Bloemke
stated they are well-respected within the State. That is not to say they have not had some
issues where he has about 650 apartment units they are managing right now. He has somewhere around
Planning Commission Meeting
May 18, 2016
Page 13 of 17
350 employees. Issues come up, and you have to resolve issues. They have all been corrected and are
working together and are still here working as a business. They have developed properties in Minnesota,
Wisconsin, Iowa, and Arizona.
Commissioner Heintz
asked what about on a holiday or even a nice spring day and people want to come
visit there, what about the parking?
Mr. Bloemke
replied, on this type of property, if they have an event or they invite people in, there is
going to be an issue with adequate parking. He does not think there is a possibility they would ever find
enough parking for something like that. They may have to bus people from another parking lot.
Typically you get one or two or three visitors at a time, and they kind of space themselves out. come to
Some visitors come at night, some come Saturdays, some come Sundays. Some come once a week and
some never have visitors.
Chairperson Kondrick
stated there is still on-street parking that can be used for a short period of time.
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Paul Laes
, 5400 4 Street NE, lives just down the block. This is the first time he was notified of this
building going in at that location. He does have a locked mailbox but he always checks his City mail
when it comes in, for the water bills, and he is an election judge so he has to pay attention to it.
Chairperson Kondrick
asked staff is Mr. Laes beyond the 350?
Ms. Stromberg
replied, yes he is.
Chairperson Kondrick
stated as a matter of rule, in a situation like this, the City sends out mailings to
people who live within 350 feet.
Mr. Laes
replied he is right on the edge.
Mr. Laes
stated he is going to hit on the parking because he lives there, he drives up and down the street,
two and three times a day. The main entrance to the parking area is off 53rd Street. That is the main
thoroughfare, and that is going to get jammed up every day. You have the two gas stations, the little
frontage road there, the car dealership, the liquor store. Traffic jams up every day. Once every two
months there is an accident at that corner of University and 53rd. Now we are increasing traffic there so
anybody coming off University to try and turn in during that time period could get caught up and cause
more problems.
Mr. Laes
asked where is the petitioner going to put the snow from those lots? That is a lot of snow. That
alley is not that wide, and it is long. He saw the numbers on staff, 8, 6, and 4. That means at any given
time during the day there will be 14 parking spots filled. If any guests come they use up the different
ones so it is going to be overflow. The main entrance is on 4th Street so everybody who is parked in the
parking lot has to walk all the way around the building. Human nature being as it is, people are lazy and
will park on 4th Street. That intersection on 4th and 53rd is hard to get through anyways during rush
hour. They are going to run into a major problem there.
Mr. Laes
stated who is going to do maintenance on the alley? There are potholes on it now. Also there
is going to be truck traffic to bring food in there, medical material, deliveries, ambulance, etc. Now they
are just going to increasing it more. Just with the staff that is 36 times more going in and out of the
Planning Commission Meeting
May 18, 2016
Page 14 of 17
driveway parking area there and then you got the trucks.
Mr. Laes
stated parking will be an issue. He has been dealing with parking for his military career so he
knows parking is a problem on this here. Plus he is sure the people who live across the street did not plan
on having to look at an apartment building across the street from their house.
Mr. Bloemke
stated he appreciates Mr. Laes' comments as to the parking and the alley, but they can be
mitigated a number of different ways. The first thing that could be done is they can have their shift
changes sometime other than rush hour. They do not have to have shift changes at 7 and 4. They can do
it at 5 a.m. and 2 p.m. or whatever to avoid rush hour. Another thing they can do is staggered shift
changes. Not have eight people going on a shift at one time. They have one person going off now and
one person going off then, and in their operations it is really helpful because the memory of what
happened in a building that day does not go out the door with the shift change. If someone else was
involved in that subject, somebody goes off and somebody goes on, you have a meshing of the memory
for the institution every day.
Chairperson Kondrick
asked petitioner to address the snow removal.
Chairperson Oquist
asked regarding the people parking around the back on the west side of the building
where the parking stalls are, that they would have to walk around to the front. He noticed that on the Plan
there is an entrance on that lower level. Is that open to the public?
Mr. Ofsthun
stated as to snow removal, there are several, granted small, spots on the site. Like in most
businesses on these kinds of lots, when they get bigger snows they temporarily push it aside and then
remove it and store it off-site somewhere.
Mr. Ofsthun
stated as to the entrance, yes, the entrance on the east side on Fourth Street is only an
emergency exit/entrance. The main entrance will be on the west side. That is where all the guests, staff,
and all the parking will be.
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Chairperson Kondrick
asked if someone wants to visit a patient in the building and parks on 4 Street,
they have to walk around to the back of the building to gain entrance?
Mr. Ofsthun
replied, that is correct. However, Mr. Laes was suggesting the other way - parking it the
alley and then walk around.
Mr. Laes
stated it says in the specs, building will only accessible from Fourth Street through the use of
the sidewalk same as the other request.
Ms. Stromberg
stated what that sentence meant is you would only be able to walk up to the building
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through a sidewalk from 4 Street. There would not be a driveway coming off 4 Street.
Commissioner Oquist
asked the entrance would be locked then?
Mr. Ofsthun
replied, yes, it is an emergency exit. There were a lot of things they went over fairly
quickly tonight, since this request has been before this commission before, and there was a lot of
conversation about the quality of the building, the quality of the materials, the upkeep, it is going to be
landscaped very nice and kept up very nice because that is what the families want.
Planning Commission Meeting
May 18, 2016
Page 15 of 17
Commissioner Heintz
asked Ms. Stromberg if Bona Brothers still has the car wash there?
Ms. Stromberg
replied, yes.
Commissioner Heintz
asked whether there is any problem with that alley with them? People lining up to
get access? The other thing that Mr. Laes brought up was ambulances, trucks entering and unloading
food and that type of stuff.
Mr. Bloemke
replied, essentially they have two deliveries a week. One food delivery truck and, from
their experience with working with their suppliers, they can put it in any time day or night.
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Mary Ann Laes
, 5400 4 Street, stated just an observation. Bona Brothers is currently using part of the
empty lot for storage of their cars.
Chairperson Kondrick
asked her what does she suppose will happen when this building goes up?
Ms. Laes
replied, Bona Brothers is going to need to find parking elsewhere and she wonders where that
will be.
Chairperson Kondrick
replied, they are aware of that. It came up last time they spoke.
Commissioner Oquist
stated, yes, and staff was going to tell them to get their cars off the lots.
Ms. Stromberg
replied, staff has and she thinks the owners have.
Mr. Running
stated at the staff meeting they talked about this, and they got approval from the bank and
the title company to put a fence up so there is a fence around that property now.
Mr. Laes
asked how does this affect the property values in the neighborhood?
Chairperson Kondrick
replied, he is not sure; but he would say this is going to be a sharp-looking
building. It is not going to be a piece of junk that the Commission would be disappointed in having.
They have insisted the petitioner jump through a lot of hoops to make sure the building will not be too
tall, it will have an exterior that is nice, and one that the neighborhood could be proud of it. It sure serves
a worthwhile purpose for people in their particular health condition.
Mr. Laes
asked who is to maintain putting down blacktop and filling potholes?
Chairperson Kondrick
stated this is a City alley. He is assuming the City is going to be doing the
plowing and fixing it up and take care of things as neighbors complain.
MOTION
by Commissioner Heintz to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:17
P.M.
Planning Commission Meeting
May 18, 2016
Page 16 of 17
Commissioner Oquist
stated they had a lot of good discussion tonight which was what they have talked
about before. However, this special use permit is only to allow an increase in units from 23 to 28.
MOTION
by Commissioner Sielaff approving Special Use Permit, SP #16-03, by TCO Design, to revise
special use permit, SP #15-09 that was approved to allow a 23 patient room home health care building in
an R-3, Multi-Family zoning district, to increase the amount of patient rooms to 28 with the following
stipulations:
1.The petitioner shall obtain a demolition permit prior to removal of the existing house on
the 5300 4th Street property.
2.The petitioner shall obtain all necessary permits prior to construction.
3.The petitioner shall meet all building, fire, and ADA requirements.
4.City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5.Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6.If on-street parking becomes an issue as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner’s expense.
7.If the comprehensive home health care use changes, the special use permit shall be
further reviewed by the City Council at the owner’s expense.
Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the minutes of the April 12, 2016, Environmental Quality and Energy Commission
Meeting.
MOTION
by Commissioner Ostwald to receive the minutes. Seconded by Commissioner Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the minutes of the April 4, 2016, Parks & Recreation Commission Meeting.
MOTION
by Commissioner Heintz to receive the minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
:
Ms. Stromberg
stated the lot split and special use permit from last month's meeting were approved by
City Council.
Ms. Stromberg
introduced the City's code enforcement intern, Natasha Lukacs. She is going to be doing
residential and commercial/industrial inspections.
Planning Commission Meeting
May 18, 2016
Page 17 of 17
Commissioner Oquist
stated she can send letter out regarding code violation?.
Natasha Lukacs,
, Code Enforcement Internreplied, yes, she has sent out a lot of letters already and it is
Week 3.
Chairperson Kondrick
stated they have had good success in the past with that. Most times it is
necessary.
Ms. Stromberg
also acknowledged their new commissioner, Mark Hansen. He is the new Chair of the
EQEC.
ADJOURN
:
MOTION
by Commissioner Oquist to adjourn. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:23 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 13, 2016
Date:June8,2016
To:WalterT.Wysopal,CityManager
From:ScottHickok,CommunityDevelopmentDirector
JulieJones,PlanningManager
StacyStromberg,Planner
Subject:ResolutionapprovingSpecialUsePermitRequest,SP#1603,byTCODesignforthepropertiesat
th
53004Street
ANAYLSIS
Thepetitioner,ToddOfsthun,withTCODesign,onbehalfGenOne,LLC,whoarethepropertiesownersof
thth
5300and53104StreetNE(whichhavebeencombinedandisnowonlyaddressedas53004Street),is
seekingaspecialusepermittomodifythespecialusepermitthatwasoriginallyapprovedbytheCityCouncil
onSeptember28,2015andMarch9,2015toallowtheconstructionofacomprehensivehomecarebuilding
onthesubjectproperties.
SincetheSeptember28,2015approval,thepropertyownersareintheprocessofhiringWelcomeHome
ManagementCompanytomanagethefacilityandAmericana,tofinancetheproject.Basedontheir
expertisewiththistypeofafacility,theyaremodifyingthespecialusepermittoincreasetheamountofbeds
from24to28.Theincreaseinbedsdirectlyrelatestothefinancingforthisprojectandanincreasedinterest
anddemandforthistypeoffacility.
CHANGESTOTHEPROJECTSINCESEPTEMBERAPPROVAL
Thebuildingfootprinthasbeenreducedfrom5,732sq.ft.to5,730sq.ft.
Thenumberofpatientbedshasbeenincreasedfrom24to28.
Eachpatientroomnowhasabathroom.
Thelargerday/gatheringroomspaceandkitchenhasbeenmovedtothemainfloor.
Thesecondand4rdfloorshavethepatientrooms,withareasformedicine/laundryandstorage.
Theamountofparkingstallsprovidedis16,whichisthesamenumberthatwasprovidedforthelast
request.Basedonassurancesfromthemanagementcompanythepropertyownerisplanningto
use,the16stallsshouldbemorethanadequateforstaffandvisitors.Duetothemedicalconditions
thepatientshave,theyareunabletodrive.
Theshapeofthebuildinghasbecomemorenarrowandelongatedonthesite,stillcomplyingwithlot
coverage,andsetbackrequirements.
Theoverallheightofthebuildingandtheuse,asacomprehensivehomecarebuildingwillremainthe
same.
TheexistinggaragewillremainandberenovatedΑsameasotherrequest.
th
Thebuildingwillonlybeaccessedfrom4Streetthroughtheuseofasidewalk,nodrivewaywillbe
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addedoff4StreetΑsameasotherrequest.
PLANNINGCOMMISSIONRECOMMENDATION
AttheMay18,2016PlanningCommissionmeeting,apublichearingwasheldforSP#1604.Afterhearing
fromthepetitionerandoneguest,thePlanningCommissionhadabriefdiscussionandthenrecommended
approval.
THEMOTIONCARRIEDUNANIMOUSLY.
STAFFRECOMMENDATION
CitystaffrecommendsconcurrencewiththePlanningCommissionandapprovaloftheattachedresolution
forSP#1603.
STIPULATIONS
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1.Thepetitionershallobtainademolitionpermitpriortoremovaloftheexistinghouseonthe53004
Streetproperty.
2.Thepetitionershallobtainallnecessarypermitspriortoconstruction.
3.Thepetitionershallmeetallbuilding,fire,andADArequirements.
4.Cityengineeringstafftoreviewandapprovegrading,drainage,andutilityplanpriortoissuanceofa
buildingpermit.
5.LandscapeandIrrigationplantobereviewedandapprovedbyCityStaffpriortoissuanceofbuilding
permit.
6.Ifonstreetparkingbecomesanissueasaresultofthisuse,thespecialusepermitandoptionsfor
additionalparkingshallbefurtherreviewedbytheCityCouncilattheƚǞƓĻƩƭexpense.
7.Ifthecomprehensivehomehealthcareusechanges,thespecialusepermitshallbefurtherreviewed
bytheCityCouncilattheƚǞƓĻƩƭexpense.
CityofFridleyLandUseApplication
SP#1603May18,2016
GENERALINFORMATIONSPECIALINFORMATION
Applicant:Transportation:
TCODesign,ToddOfsthunThepropertiesreceiveaccessfromthealleyoffof
rdth
9330ThomasAvenueN53Avenue.Theyfrontalong4Street.
BrooklynParkMN55444
PhysicalCharacteristics:
th
53104Street
RequestedAction:
Flat,grasscoveredlot,withacementparkingarea
SpecialUsePermittoconstructa
alongthealley.
comprehensivehomecareuse
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53004Street
ExistingZoning:
Flatlotwithsinglefamilyhouseanddetached
R3(MultiFamily)
garage.
Location:
SUMMARYOFPROJECT
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5300and53104StreetNE
Thepetitioner,ToddOfsthun,whoisrepresentingGen
Size:
One,LLC,theownerofthesubjectpropertiesreceived
TotallotareaΑ20,480sq.ft..47acres
CityCouncilapprovalforacomprehensivehomehealth
ExistingLandUse:
carebuildingonSeptember28,2015andMarch9,2015.
VacantlotandSingleFamilyHome.
th
approvalwasfora15bedfacilityonthe
TheMarch9
SurroundingLandUse&Zoning:
th
lotat53004Street.Thepetitionerthenreappliedand
N:4plex&R3
receivedapprovalonSeptember28,2015fora23bed
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E:SingleFamily&R3
facilityonbothlots5300and53104Street.Sincethat
rd
time,thepetitionerisbeingaskedbytheownersofthe
S:53AvenueandColumbiaHeights
properties,basedonadvicefromthemanagement
W:BonaBrothersAutomotive&C2
companyandbankthatthepropertyownerwillbeusing
ComprehensivePlanConformance:
fortheproject,toincreasetheamountofbedsfrom24
FutureLandUseMapdesignatesas
to28,whichwillactuallyreducethebuildingfootprintby
Redevelopment.
2sq.ft.Theincreaseinbedsdirectlyrelatestothe
ZoningOrdinanceConformance:
financingforthisprojectandanincreasedinterestand
Sec.205.09.1.C.(7)requiresaspecialuse
demandforthistypeoffacility.
permitforclinicusesinanR3zoning
SUMMARYOFANALYSIS
district.
CityStaffrecommendsapprovalofthisspecialuse
permit,withstipulations.
BuildingandZoningHistory:
ClinictypeusesareapermittedspecialuseintheR3,
th
53104Street
MultiFamilyzoningdistrict.
1886ΑLotplatted.
Homeconstructedpriorto1949.
1953ΑDetachedgarageconstructed.
1957ΑMovehouseandgaragetonew
foundation.
2003ΑFoundationwork.
2011ΑHouseandgaragedemolished.
th
53004Street
1886ΑLotplatted.
1959ΑHouseconstructed.
1964ΑGarageconstructed.
LegalDescriptionofProperty:
Lotshavebeencombinedinto(1)Lot:
Lots12,13,14,&15,Block13,Hamiltons
AdditiontoMechanicsville
CITYCOUNCILACTION/60DAYDATE
PublicUtilities:
CityCouncilΑ June13,2016
WaterandSewerareavailableatthestreet.
60DayΑ June13,2015
Theexistinghouseisconnected.
StaffReportPreparedby:StacyStromberg
LandUseApplication
SpecialUsePermit#1603
REQUEST
Thepetitioner,ToddOfsthun,withTCODesign,onbehalfGenOne,LLC,whoarethepropertiesowners
th
of5300and53104StreetNE,isseekingaspecialusepermittomodifythespecialusepermitthatwas
originallyapprovedbytheCityCouncilonSeptember28,2015andMarch9,2015toallowthe
constructionofacomprehensivehomecarebuildingonthesubjectproperties.
SincetheSeptember28,2015approval,thepropertyownersareintheprocessofhiringWelcome
HomeManagementCompanytomanagethefacilityandAmericana,tofinancetheproject.Basedon
theirexpertisewiththistypeofafacility,theyaremodifyingthespecialusepermittoincreasethe
amountofbedsfrom24to28.Theincreaseinbedsdirectlyrelatestothefinancingforthisprojectand
anincreasedinterestanddemandforthistypeoffacility.
CHANGESTOTHEPROJECTSINCESEPTEMBERAPPROVAL
Thebuildingfootprinthasbeenreducedfrom5,732sq.ft.to5,730sq.ft.
Thenumberofpatientbedshasbeenincreasedfrom24to28.
Eachpatientroomnowhasabathroom.
Thelargerday/gatheringroomspaceandkitchenhasbeenmovedtothemainfloor.
Thesecondand4rdfloorshavethepatientrooms,withareasformedicine/laundryandstorage.
Theamountofparkingstallsprovidedis16,whichisthesamenumberthatwasprovidedforthe
lastrequest.Basedonassurancesfromthemanagementcompanythepropertyowneris
planningtouse,the16stallsshouldbemorethanadequateforstaffandvisitors.Duetothe
medicalconditionsthepatientshave,theyareunabletodrive.
Theshapeofthebuildinghasbecomemorenarrowandelongatedonthesite,stillcomplying
withlotcoverage,andsetbackrequirements.
Theoverallheightofthebuildingandtheuse,asacomprehensivehomecarebuildingwill
remainthesame.
TheexistinggaragewillremainandberenovatedΑsameasotherrequest.
th
Thebuildingwillonlybeaccessedfrom4StreetthroughtheuseofasidewalkΑsameasother
request.
September 2015 May 2016
SITEDESCRIPTION&HISTORY
ThesubjectpropertyiszonedR3,MultiFamilyandhasbeensincethe/źƷǤƭfirstzoningmap.The
rdth
majorityofthisneighborhood(eastofUniversityAvenue,northof53Avenue,andwestof7Street)is
zonedR3,MultiFamily,withsomeparcelsinthemiddleoftheneighborhoodzonedR2,TwoFamily
andparcelsontheeastedgezonedR1,SingleFamily.Withinthisneighborhoodisamixofsinglefamily
homes,duplexes,4plexesandlargerunitbuildings.TheBonaBrotherspropertyonthecornerof
rd
UniversityAvenueand53AvenuewasrezonedfromR3,MultiFamilytoC2,GeneralBusinessin1971
and1999toallowthatusetoexist.
th
53104Street ΑTheoriginalhouseonthesubjectpropertywasconstructedpriorto1949.Adetached
garagethatwasaccessedoffthealleywasthenconstructedin1953.Basedonbuildingpermitrecords
thishousehadfoundationissues,sotherewasworkonthefoundationdoneinboth1957andis2003.
Thehouseandgarageweredemolishedin2011,andthelothasremainedvacantsincethen.
th
53004Street ΑTheexistinghousewasconstructedin1959andthedetachedgaragewasconstructed
in1964.
ANALYSIS
Hospitals,Clinics,andconvalescent/nursinghomesareapermittedspecialuseintheR3,MultiFamily
zoningdistrictprovidedthattheproposedprojectcomplieswiththerequirementsforthespecialuse
permit,subjecttothestipulations.Theproposeduseasacomprehensivehomecareuseismost
comparabletoaconvalescenthomeorassistedlivinguseandthereforestaffhasdeterminedthata
specialusepermitwouldberequiredfortheproposedusetoexistonthissite.
TheproposedfacilitywillhaveaComprehensiveHomeCareProviderLicensethroughtheMinnesota
DepartmentofHealth.
ItwillbeanacutecarefacilitydesignedtowardsTransitionalCareUnitsandwilluseTelemedicineto
maximizecarewithminimalonsitecare.
Thepatientsusingthefacilitywillberecoveringfromsurgery,transplant(preopandpostop)or
anothertypeofmedicalprocedurethatleavesthemneedingextensiverehabandmedicalservices.This
typeofuseisneededforpatients,whoformedicalreasons,ĭğƓƷbeontheirownanddonothave
familyorfriendswhocancareforthem.
Basedontheslopeofthelot,thebuildingwilllooklikea3storybuildingfromthealleyandmorelikea
th
2½storybuildingfrom4Street.Thegroundfloorwillhave(3)separatebedrooms,thesecondfloor
willhave(13)separatebedrooms,andthethirdfloorwillhave(12)separatebedrooms,sothebuilding
hastheabilitytohouseatotalof28patients.
Codewouldrequire13parkingstallsforanursinghomeuseand14parkingstallsforanassistedliving
use,thereforethesiteplanmeetscoderequirements.Thepetitionerwillbeproviding16parkingstalls,
6willbemostlycoveredunderacantileverroofandtheother10stallswillbesurfaceparkingstalls.
Basedonassurancesfromthemanagementcompanythepropertyownerisplanningtouse,the16
stallsshouldbemorethanadequateforstaffandvisitors.Duetothemedicalconditionsthepatients
have,theyareunabletodrive.
Theprevioussiteplanssubmittedbythepetitionerdidcomplywithcoderequirementsforparking.The
neighbors,thePlanningCommissionersandstaffdidhavesomeconcernsastowhethertherewouldbe
enoughparkingwithstaff,plusvisitors,andanyotherspecializedstaffneededforthepatients.
Therefore,thepetitionerhasgoneaboveandbeyondwhatcodewouldrequireforparking,inorderto
helpalleviateanyconcerns.Theproposedplanhas16parkingstalls,whichis3overwhatcodewould
requireforanursinghomeuseand2overwhatwouldberequiredforanassistedlivinguse.
Whenapprovingarequestlikethis,staffwantstomakesurethereisadequateparkingprovidedonsite
andthattheuseźƭƓƷdependentupononstreetparking.The16parkingstallswillbeadequateforstaff
andvisitors,howeversincethestreetźƭƓƷsignedͻƓƚƦğƩƉźƓŭͼͲitislikelythatfromtimetotimevisitors
willparkonthestreet.Thisisacceptable,provideditķƚĻƭƓƷstartbecomingaproblem.Staffwillkeep
thestipulationpreviouslyplacedonthespecialusepermitthatstatesifonstreetparkingbecomesan
issueforthissite,thespecialusepermitwillneedtogobackbeforetheCityCouncilforfurtherreview.
ThespecialusepermitwillalsoneedtogobackbeforetheCouncilforreviewifinthefuturetheuseof
thebuildingischanged.ThebuildingasdesignedĭƚǒƌķƓƷworkifpeopleresidinginitķźķƓƷhavehealth
conditionsthatķźķƓƷallowthemtodrive.
RECOMMENDATIONS
CityStaffrecommendsapprovalofthisspecialusepermitrequestashospitals,clinicsandconvalescent
andnursinghomesareapermittedspecialuseintheR3,MultiFamilyzoningdistrict.
STIPULATIONS
Staffrecommendsthatifthespecialusepermitisgranted,thefollowingstipulationsbeattached.
1.Thepetitionershallobtainademolitionpermitpriortoremovaloftheexistinghouseonthe
th
53004Streetproperty.
2.Thepetitionershallobtainallnecessarypermitspriortoconstruction.
3.Thepetitionershallmeetallbuilding,fire,andADArequirements.
4.Cityengineeringstafftoreviewandapprovegrading,drainage,andutilityplanpriortoissuance
ofabuildingpermit.
5.LandscapeandIrrigationplantobereviewedandapprovedbyCityStaffpriortoissuanceof
buildingpermit.
6.Ifonstreetparkingbecomesanissueasaresultofthisuse,thespecialusepermitandoptions
foradditionalparkingshallbefurtherreviewedbytheCityCouncilattheƚǞƓĻƩƭexpense.
7.Ifthecomprehensivehomehealthcareusechanges,thespecialusepermitshallbefurther
reviewedbytheCityCouncilattheƚǞƓĻƩƭexpense.
RESOLUTION NO. 2016 - __
A RESOLUTION APPROVING SPECIAL USE PERMIT, SP #16-03
FOR TCO DESIGN, THE PETITIONER ON BEHALF OF GEN ONE LLC, TO ALLOW
THE CONSTRUCTIN OF A HOME HEALTH CARE FACILITY ON THE PROPERTY
TH
LOCATED AT 5300 4 STREET NE
WHEREAS, Section 205.09.01.C.7 of Fridley City Code allows hospitals, medical clinics, nursing
homes, and convalescent homes in an R-3, Multi- Family zoning district by a special use permit if
certain conditions can be met; and
WHEREAS, the City Council approved a similar request for this use on March 9, 2015, which
allowed the construction of a 15 patient room building, the Council then approved on September 28,
2015, a request to increase the number of beds to 23. This request is a modification to the
September 28, 2015 plan that will allow for the construction of a 28 patient room home health care
facility; and
WHEREAS, since the September 28, 2015 approval, the property owners have hired Welcome
Home Management Company to manage the facility and Americana, to finance the project,
which both companies are familiar with this type of housing facility; and
WHEREAS, based on Welcome Home Management and Americana Banks expertise with this
type of a facility, they are modifying the special use permit to increase the amount of beds from
24 to 28, however the building size and amenities will fundamentally remain the same; and
WHEREAS, on May 18, 2016, the Fridley Planning Commission held a public hearing to consider a
th
request by TCO Design on behalf of GEN ONE LLC, for the property generally located at 5300 4
Street NE in Fridley, legally described in Exhibit A, for a Special Use Permit SP #16-03 to allow
the construction of a building to be used as a home health care facility; and
WHEREAS, at the May 18, 2016 meeting, the Planning Commission unanimously recommended
approval of Special Use Permit, SP #16-03; and
WHEREAS, on June 13, 2016, the Fridley City Council approved the stipulations represented in
Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit
SP #16-03; and
WHEREAS, the petitioner, TCO Design, was presented with Exhibit B, the stipulations for SP #16-
03, at the June 13, 2016 City Council meeting; and
WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will
become null and void one year after the City Council approval date if work has not commenced or if
the petitioner has not petitioned the City Council for an extension;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP# 16-03 and stipulations represented in Exhibit B are hereby adopted to repeal and
replace SP #15-09 and SP #14-07, by the City Council of the City of Fridley.
th
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13
DAY OF JUNE, 2016.
_______________________________________
SCOTT LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP #16-03 Special Use Permit
TCO Design
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5300 4 Street NE, Fridley, MN
Legal Descriptions:
th
5300 4 Street
Lots 12-15, Block 13, Hamilton’s Addition to Mechanicsville
Subject to the reservation to the State of Minnesota in trust for the taxing districts
concerned of all minerals and mineral rights in all of said property.
EXHIBIT B
SP #16-03 Special Use Permit
TCO Design
th
5300 4 Street NE, Fridley, MN
Stipulations:
1.The petitioner shall obtain a demolition permit prior to removal of the existing house on
th
the 5300 4 Street property.
2.The petitioner shall obtain all necessary permits prior to construction.
3.The petitioner shall meet all building, fire, and ADA requirements.
4.City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5.Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6.If on-street parking becomes an issue as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner’s expense.
7.If the comprehensive home health care use changes, the special use permit shall be
further reviewed by the City Council at the owner’s expense.
AGENDAITEM
CITY COUNCIL MEETING
,2016
Date:June7,2016
To:WalterT.Wysopal,CityManager
From:ScottHickok,CommunityDevelopmentDirector
JulieJones,PlanningManager
StacyStromberg,Planner
Subject:ResolutionApprovingSpecialUsePermitRequest,SP#1604,MobileMaintenancefor513
FairmontStreetNE
REQUEST
Thepetitioner,SteveWitzel,theownerofMobileMaintenance,Inc.,whichislocatedat8150EastRiver
Roadand505FairmontStreet,is
seekingaspecialusepermitto
expandhisbusinessparkinglotto
theresidentiallotat513Fairmont
Street.
Thepetitionerhasownedthelotat
513FairmontStreetforover20
years.Theproposedexpansionof
theparkinglotontothepropertyat
513FairmontStreetwillallowthe
petitionertocreateabuffer
betweentheresideintalhomenext
doorandhisbusiness.Thebuffer
willbecreatedthroughthe
installationoffencingandshruband
grassplantings.
UPDATESINCETHEPLANNING
COMMISSIONMEETING
OnJune8,2016,Cityplanningstaff
receivedapetitionfromsomeofthe
surroundingpropertyownersthatareagainstapprovaloftheproposedspecialusepermit.Seeattached
petition.
PLANNINGCOMMISSIONRECOMMENDATION
AttheMay18,2016PlanningCommissionmeeting,apublichearingwasheldforSP#1604.
Therewasoneneighborpresentatthemeetingthatexpressedconcernsaboutthisuseexpandingfurther
intotheresidentialneighborhood.Theneighborlivesat520GlencoeStreet,whichisjustnorthofthe
subjectproperty.Hisquestionswererelatedtothetypeofscreeningproposedtobeusedbetweenthe
twoproperties,ifthepetitionerwasplanningtouseanytypeoflighting,andquestionsrelatedtothe
wereable
possibilitiesofthelotbeingusedforoutdoorstorageinsteadofparking.Staffandthepetitioner
toanswerhisquestions.
Afterfurtherdiscussion,thePlanningCommissionrecommendedapprovalofSP#1604,withthe
stipulationsaspresentedbystaff.
THEMOTIONCARRIEDUNANIMOUSLY.
PLANNINGSTAFFRECOMMENDATION
CityStaffrecommendsconcurrencewiththePlanningCommissionandapprovaloftheattachedresolution.
STIPULATIONS
1.Thepetitionertoobtainalandalterationpermitfromthe/źƷǤƭengineeringstaffpriortostartof
constructionofparkingarea.
2.ThepetitionershallobtainanyrequiredpermitsfromtheCoonCreekWatershedDistrict.
3.Thenewparkingarea,curb,gutter,fenceandlandscapingshallbeinstalledbySeptember30,2016.
CityofFridleyLandUseApplication
SP#1604May18,2016
GENERALINFORMATIONSPECIALINFORMATION
Applicant:SUMMARYOFPROJECT
MobileMaintenance,Inc.Thepetitioner,SteveWitzel,theownerofMobile
SteveWitzelMaintenance,Inc.,locatedat8150EastRiverRoad
505FairmontStreetNEand505FairmontStreet,isseekingaspecialuse
FridleyMN55432permittoallowhisparkinglotforthisbusinessto
beexpandedtotheresidentiallotlocatedat513
RequestedAction:
FairmontStreet.
SpecialUsePermittoallowparkingina
residentialdistrict SUMMARYOFANALYSIS
CityStaffrecommendsapprovalofthespecialuse
Location:
permit,withstipulations.
513FairmontStreetNE
Parkinglotsforoffstreetparkingspacesforanyuse
ExistingZoning:
onadjacentlandareapermittedspecialuseinthe
R1(SingleFamily)
R1,SingleFamilyResidentialzoningdistrict,subject
Size:
tostipulations.
5,227sq.ft..12acres
CITYCOUNCILACTION/60DAYDATE
ExistingLandUse:
CityCouncilΑ June13,2016
Vacantlot
60DayΑ June13,2016
SurroundingLandUse&Zoning:
N:SingleFamily&R1
E:MobileMaintenance&C1
S:SingleFamily&R1
W:SingleFamily&R1
ComprehensivePlanConformance:
Thefutureredevelopmentmapdesignates
thispropertyasresidential.
ZoningOrdinanceConformance:
Sec.205.07.01.C.(6)requiresaspecialuse
permittoallowanautomobileparkinglot
foroffstreetparkingspacesforanyuseon
adjacentlandintheR1zoningdistrict.
ZoningHistory:
1922ΑLotplatted.
Originalhomeconstructedpriorto1949.
1994ΑHomeisdemolished.
LegalDescriptionofProperty:
Lots11&12,BlockI,RiverviewHeights
PublicUtilities:
Utilitiesareavailableinthestreet
AerialofSubjectProperty
Transportation:
StaffReportPreparedby:StacyStromberg
ThepropertyreceivesaccessfromFairmont
Street
PhysicalCharacteristics:
Flatvacantlot
LandUseApplication
SpecialUsePermit,#1604
REQUEST
Thepetitioner,SteveWitzel,theownerofMobileMaintenance,Inc.,whichislocatedat8150EastRiver
Roadand505FairmontStreet,is
seekingaspecialusepermitto
expandhisbusinessparkinglotto
theresidentiallotat513Fairmont
Street.
Thepetitionerhasownedthelotat
513FairmontStreetforover20
yearsandhasusedaportionofthe
eastsideofthelotforparkingof
vehiclesforhisbusiness.The
proposedexpansionoftheparking
lotontothepropertyat513
FairmontStreetwillallowthe
petitionertocreateabuffer
betweentheresideintalhomenext
doorandhisbusiness.Thebuffer
willbecreatedthroughthe
installationoffencingandshruband
grassplantings.
ANALYSIS
Thesubjectpropertyisa50ft.wideresidentiallotlocatedonthenorthsideofFairmontStreet,westof
EastRiverRoad.ItiszonedR1,SingleFamilyasarethepropertiestothenorth,westandsouth.The
ƦĻƷźƷźƚƓĻƩƭpropertyat8150EastRiverRoadand505FairmontStreet,locatedtotheeastarezonedC
1,LocalBusiness.Thehousethatwasoriginallyconstructedonthelotwasbuiltpriorto1949.In1994,
theCityCouncilapprovedaresolutionauthorizingdemolitionofthehousebecauseithadbecome
hazardous.Asaresult,thehousewasdemolishedin1994.In1995,thepetitionerpurchasedthe513
FairmontStreetproperty.
Thepetitionerhasoperatedhisbusinessat505FairmontStreetfor25years.TheCityCouncilgranteda
specialusepermittoallowoutdoorstorageofmaterialandequipmentonthe505FairmontStreet
propertyin1993,withseveralstipulations.WhentheCityconductedsystematiccodeenforcement
inspectionsofourcommercialandindustrialpropertiesin2009,staffnoticedthatthepetitionerwasin
violationofhisspecialusepermitrelatedtotheoutdoorstorageandinoperablevehicles.
Since2009,citystaffhasnotifiedthepetitionerin2010,2012,and2013ofspecialusepermitviolations
onthepropertyrelatedtooutdoorstorageandparkingviolations.In2014,citystaffbroughtthespecial
usepermitbeforetheCityCounciltoconsiderrevocationduetotheincreaseinvehiclesbeingparked
onthestreet,encroachingonthevacantresidentiallotandthevacantcommerciallottothesouth.The
CouncilķźķƓƷrevokethespecialusepermit,howevertheyaddedastipulationtothepermitthat
requiredthepetitionertoinstallcurbandgutteralongthewesternedgeoftheparkinglotat505
FairmontStreetthatwouldmeetcoderequirementbyFebruary10,2016,tohelpresolvetheongoing
parkingissue.
Staffhashadcontinuedconversationswiththepetitioneroverthelastfewyears;howeverthe
additionalstipulationǞğƭƓƷmetbyFebruary10,2016deadline,soanadditionalcodeenforcement
letterwassent.
Thepetitionerdeterminedthatafterinstallingthecoderequiredcurbandgutter,withdesignedparking
stallsanddriveaisles,thereǞƚǒƌķƓƷbeenoughlandareaavailableonthe505FairmontStreetparcelto
actuallyusethelotforaparkingthebusinessneeds.Staffandthepetitionerdiscussedrezoningthe513
FairmontparcelfromR1,SingleFamilytoC1,LocalBusiness;butdeterminedthatitźƭƓƷidealto
extendthecommercialzoningfurtherintothisneighborhood,specificallyforthisuse.
Instead,staffsuggestedthepetitionerapplyforaspecialusepermittoallowthevacantparceltobe
usedasadditionalparkingareafortheƦĻƷźƷźƚƓĻƩƭbusiness,sincethatisaprovisionthatisalreadyin
Citycode,providedhecomplieswithsetbackandothercoderequirements.Aspecialusepermitallows
theCitytoplacestipulationsonthepermitthatwillneedtobecompliedwithinordertomaintainthe
permitanditwillalsoallowthelottobedevelopedwithasinglefamilyhouseinthefutureifthis
businessrelocates,asthelotwillstillbezonedresidential.
CODEREQUIREMENTS
Automobileparkinglotsforoffstreetparkingspacesforanyuseonadjacentlandisapermittedspecial
useintheR1,SingleFamilyzoningdistrict,providedtheymeetsetbackandscreeningrequirements,
subjecttothestipulationssuggestedbystaff.
Thepetitionerisseekingthisspecialusepermittoprovidetheparkingheneedsforhisbusiness,which
willalsoincreasevisibilityforthosetravelingalongFairmontStreet,asthevehicleswillnolongerbe
parkedonFairmontStreet.Thepetitionerhassubmittedasiteplanandlandscapeplanwhichshowthe
requiredsetbackseparationrequiredfromtheneighboringresidentialpropertyandthestreetrightof
way,whichwillalsoallowfortheinstallationofafence,landscapingandaraingarden.
Citystaffhasnotreceivedanycommentstodatefromneighboringpropertyowners.
STAFFRECOMMENDATION
CityStaffrecommendsapprovalofthisspecialusepermit,asautomobileparkinglotsforoffstreet
parkingspacesforanyuseonadjacentlandisanapprovedspecialuseintheR1,SingleFamilyzoning
district,withstipulations.
STIPULATIONS
Staffrecommendsthatifthespecialusepermitisgranted,thefollowingstipulationsbeattached.
1.Thepetitionertoobtainalandalterationpermitfromthe/źƷǤƭengineeringstaffpriortostartof
constructionofparkingarea.
2.ThepetitionershallobtainanyrequiredpermitsfromtheCoonCreekWatershedDistrict.
3.Thenewparkingarea,curb,gutter,fenceandlandscapingshallbeinstalledbySeptember30,
2016.
RESOLUTION NO. 2016 - __
A RESOLUTION APPROVING A SPECIAL USE PERMIT SP# 16-04 TO ALLOW A
PARKING LOT IN A RESIDENTIAL DISTRICT FOR MOBILE MAINTENACE, INC.,
GENERALLY LOCATED AT 513 FAIRMONT STREET NE
WHEREAS, Section 205.07.1.C.(6)of Fridley City Code allows automobile parking lots for off-
street parking spaces for any use on adjacent land by a special use permit if certain conditions can
be met; and
WHEREAS, on May 18, 2016, the Fridley Planning Commission held a public hearing to consider a
request by Stephen Witzel, the property owner of the property located at 513 Fairmont Street NE in
Fridley, legally described as Lots 11 & 12, Block I, Riverview Heights, for a Special Use Permit
SP# 16-04 to allow an automobile parking lot; and
WHEREAS, on May 18, 2016, the Planning Commission unanimously recommended approval of
Special Use Permit, SP #16-04; and
WHEREAS, on June 13, 2016, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions on Special Use Permit SP# 16-04; and
WHEREAS, the petitioner was presented with Exhibit A, the stipulations, at the June 13, 2016 City
Council meeting; and
WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will
become null and void one year after the City Council approval date if work has not commenced or if
the petitioner has not petitioned the City Council for an extension;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 16-04 and stipulations represented in Exhibit A are hereby adopted by the
City Council of the City of Fridley.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13
DAY OF JUNE, 2016.
_______________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 16-04 Special Use Permit for an Automobile Parking Lot in a Residential District
513 Fairmont Street NE, Fridley, MN
Stipulations:
1.The petitioner to obtain a land alteration permit from the City’s engineering staff prior to start of
construction of parking area.
2.The petitioner shall obtain any required permits from the Coon Creek Watershed District.
3.The new parking area, curb, gutter, fence and landscaping shall be installed by September 30,
2016.
CITY COUNCIL MEETING
OF JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Scott J. Hickok, Community Development Director
Julie Jones, Planning Manager
Date: June 9, 2016
Re: A resolution approving the State of Minnesota Joint Powers Agreement with the City of
Fridley on behalf of its City Attorney and Community Development Department.
INTRODUCTION
As of July 1, 2016, all citations or formal complaints must be electronically filed with the District
Court. Passage of the attached Resolution and approval of the accompanying documents will allow
compliance with State mandated e-citations and e-charging for Code Administration and recognizes
Darcy Erickson, City Attorney, LeVander, Gillen, & Miller, as authorized and doing work on the
City's behalf.
Staff requests that the City Council approve the attached Resolution and accompanying documents,
a Master Joint Powers Agreement with the Bureau of Criminal Apprehension (BCA) and a Court
Data Services Subscriber Amendment to CJDN Subscriber Agreement (an amendment to the
existing Court Data Services Subscriber Agreement).
ELEMENTS
In March, the City Council approved a Resolution and set of documents virtually identical to those
attached to this memo that permitted the Fridley Police Department to access the criminal justice
data communications network (CJDN) and other repositories of data through the BCA that are of
benefit to the Police Department and its Prosecuting Attorneys. These documents created a method
by which the Fridley Police Department and Prosecuting Attorneys have access to those systems
and tools for which it has eligibility and to acknowledge and honor the requirements to obtain
access and the limitations on access. This access permits background checks and criminal histories
through its Police or Prosecuting Attorneys. Unfortunately, the prior Resolution and package of
agreements did not cover our City Attorney to permit code enforcement background checks and
criminal histories that would be necessary to the on-going efforts in Code Administration. As a
result, Council is now being asked to pass the attached Resolution, BCA Master Joint Powers
Agreement, and Court Services Subscriber Amendment to the Criminal Justice Data Network
(CJDN) Subscriber Agreement. These documents will permit compliance with the State’s
mandated July 1, 2016 e-citation and e-charging deadline for the City Attorney’s code enforcement
prosecution.
RECOMMENDATION
Staff recommends Council’s approval of the attached Resolution approving the accompanying BCA
Master Joint Powers Agreement and Court Data Services Subscriber Amendment to CJDN Subscriber
Agreement
RESOLUTION NO. 2016 - _________
A RESOLUTION APPROVING STATE OF MINNESOTA
JOINT POWERS AGREEMENTS WITH THE
CITY OF FRIDLEY ON BEHALF OF ITS CITY ATTORNEY
WHEREAS, the City of Fridley on behalf of its Prosecuting Attorney desires to enter into Joint
Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to use systems and tools available over the State’s criminal justice data
communications network for which the City is eligible. The Joint Powers Agreement further
provide the City with the ability to add, modify and delete connectivity, systems and tools over
the five year life of the agreement and obligates the City to pay the costs for the network
connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Fridley, Minnesota as follows:
1.That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Fridley on behalf of its Prosecuting Attorney, are hereby
approved. Copies of the Joint Powers Agreement is attached to this Resolution and made
a part of it.
2.That the City Attorney, Darcy M. Erickson, or her successor, is designated the
Authorized Representative for the Prosecuting Attorney. The Authorized Representative
is also authorized to sign any subsequent amendment or agreement that may be required
by the State of Minnesota to maintain the City’s connection to the systems and tools
offered by the State.
3.That Scott Lund, the Mayor for the City of Fridley, and Debra A. Skogen, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreements.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ____
DAY OF ________________, 2016.
_______________________________________
SCOTT LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
SWIFT Contract # 110059
MN002013S
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Fridley on behalf of its attorney doing Code Enforcement ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1:
Effective dateThis Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2:
Expiration dateThis Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access.
BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
Direct access
A. occurs when individual users at the Agency use Agency’s equipment to access the BCA’s
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s
systems or tools.
Indirect access
B. occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA’s systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
Computer-to-computer system interface
C. occurs when Agency’s computer exchanges data and information
with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access.
In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
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2.4 Agency policies.
Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
,
employment), security, timeliness, training, use of the systemand validation. Agency has created its own policies to
ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://app.dps.mn.gov/cjdn.
2.5 Agency resources.
To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access.
On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access.
BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
.9 Supersedes prior agreements.
2 This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information.
The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record.
The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s
transaction record meets FBI-CJIS requirements.
When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
2
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MN002013S
keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA’s request.
2.12Court information access.
Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening.
The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency understands there is a cost for access to the criminal justice data communications network described in
Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the BCA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency will provide updated information to BCA’s
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Darcy M. Erickson, City Attorney, 633 South Concord Street, Ste 400,
South St. Paul, MN 55075, (651) 451-1831, or his/her successor.
5Assignment, Amendments, Waiver, and Contract Complete
5.1
Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2
Amendments.Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3
Waiver.If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4
Contract Complete.This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
3
SWIFT Contract # 110059
MN002013S
6Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency’s liability.
7Audits
7.1
Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2
Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3
If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4
To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8Government Data Practices
8.1 BCA and Agency.
The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
theRules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Agency.
9.1Investigation
. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a
4
SWIFT Contract # 110059
MN002013S
collective bargaining agreement.
9.2.1
For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s
determination controls.
9.2.2
If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1
Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2
Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1
Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days’ written notice to the other party’s Authorized Representative.
11.2
Termination for Insufficient Funding.Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
5
SWIFT Contract # 110059
MN002013S
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: Darcy M. Erickson
(PRINTED)
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Signed: ____________________________________________
Title: Fridley City Attorney
(with delegated authority) Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
Name: _____________________________________________ delegated to Materials Management Division
(PRINTED)
By: ______________________________________________
Signed: ____________________________________________
Date: _____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
6
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of Fridley on behalf of its attorney doing Code Enforcement
(“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any
legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 110059, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
TERM; TERMINATION; ONGOING OBLIGATIONS.
1. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
Definitions
2.. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
1
a.“Authorized Court Data Services”
means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA.
b.“Court Data Services”
means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c.Court Records
“” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
CourtCase Information
i.“” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
Court Confidential Case Information
ii.“” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
Court Confidential Security and Activation Information”
iii.“ means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
Court Confidential Information
iv.“” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d.DCA
“” shall mean the district courts of the state of Minnesota and their
respective staff.
e.Policies & Notices
“” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
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f.Rules of Public Access
“” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g.Court
“” shall mean the State of Minnesota, State Court Administrator's
Office.
h.“Subscriber”
shall mean the Agency.
i.Subscriber Records
“” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3.REQUESTS FOR AUTHORIZED COURT DATA SERVICES.
Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a.Activation
. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b.Rejection
. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c.Requests for Termination of One or More Authorized Court Data
Services
. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED.
Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
3
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY.
Subscriber agrees:
a.
To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b.
To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c.
To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d.
That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e.
That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS.
During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs.
Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases.
Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c. Marks.
Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use.
Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
5
e. Proprietary Notices.
Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return.
The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF
. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY.
Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
6
10. AVAILABILITY.
Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11
. \[reserved\]
12. ADDITIONAL USER OBLIGATIONS.
The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a.Judicial Policy Statement.
Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b.Access and Use; Log.
Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c.Personnel.
Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d.Minnesota Data Practices Act Applicability
. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
7
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES.
Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES.
Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS.
EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES.
Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE.
Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
8
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER.
The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE.
Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY.
Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT.
Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW.
This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION.
Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION
. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
9
1. SUBSCRIBER (AGENCY)
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
Name: ____________________________________________
such as an opinion of counsel or resolution.(PRINTED)
Signed: ___________________________________________
Name: Darcy M. Erickson
(PRINTED)
Signed: _______________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
Title: Fridley City Attorney
(with delegated authority)
3. COMMISSIONER OF ADMINISTRATION
Date: ________________________________________
delegated to Materials Management Division
By: ______________________________________________
Name: _______________________________________
Date: _____________________________________________
(PRINTED)
Signed: _______________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Title: ________________________________________
Name: ____________________________________________
(with delegated authority)
(PRINTED)
Date: ________________________________________
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
10
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 13, 2016
Date: June 8, 2016, 2016
To: Walter T. Wysopal, City Manager
From: Jim Kosluchar, Public Works Director
Jeff Jensen, Streets and Parks Superintendent
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Kay Qualley, Environmental Planner
Subject: MN Department of Transportation (MnDOT) Landscaping Partnership Cooperative
Agreement
Background
The City of Fridley was awarded the MnDOT Landscape Partnership grant to plant trees,
shrubs and low-care perennials and grasses in a neglected right-of-way area at East River
Road at Interstate 694 along the Mississippi River Trail (MRT). Council approval of the
Minnesota Department of Transportation and City of Fridley Cooperative Landscaping
Agreement is the last step material purchases and installation
th
starting on June 24.
MnDOT has already removed a grove of Ash trees, and provided landscape architectural
design services (copy under separate cover). The Cooperative Agreement allows for the
grant purchase of small trees, shrubs and perennial plants as well as mulch and watering
aids in order to mobilize prior to the arrival of the Youth Corps planting crew on June 24.
The Youth Corps will also work on removal of invasive weeds, buckthorn and thistle.
Their work will convert a section of overgrown Mississippi River Trail into trees and
flowering plants which will beautify East River Road, as well as improve an important
tourist bicycling route though the City. Residents from nearby apartments, homes and
the adjacent Riverfront Regional Park will also benefit from these improvements.
GreenCorp member Erika Van Krevelen, Environmental Planner, Kay Qualley and Jeff
Jensen, Street and Parks Manager, will coordinate the project and interact with MnDOT
and supervisors from the Youth Conservation Corp to accomplish this planting.
Budget/Impact
As detailed in the January 2016 Memo, there is no cash match contribution requirement for the
City. City contributions will be supervisory in nature and the Public Works Department has
committed to providing a watering tank for assistance in watering new plants until they are
established. Public Works staff will fulfil the Cooperative Landscap
maintenance requirements as needed, beyond care provided by organized volunteers who are
being actively sought. Kay Qualley, Environmental Planner for the City may be contacted with
leads for the first volunteer tree care training session, conducted by the University of Minnesota
on July 9, from 8 a.m. to 2 p.m. at City Hall.
Recommendation
Staff recommends that the City Council sign the Minnesota Department of Transportation and
City of Fridley Cooperative Landscaping Agreement to finalize the grant requirements to allow
the City to take possession of the project materials.
RESOLUTION NO. 2016-__
ARESOLUTION IN TO APPROVE AGREEMENT# 1003368:
STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
WHEREAS, The Minnesota Department of Transportation agrees to provide,from paymentby
the State to the City,for the acquisition of landscape materials to be placed adjacent to Trunk
Highway No. 694 at the northwest quadrant of East River RoadunderState ProjectNo. 0285-
969; and
NOW, THEREFORE, BE IT RESOLVED, thatthe City Council of the City of Fridley hereby
entersinto Agreement #1003368 with the Minnesota Department of Transportation,a copy of
which said Agreement is hereby attached.
IT IS FURTHER RESOLVED that the Mayor and the City Manager of Fridley are authorized to
execute the Agreement and any amendments to the Agreement.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13
DAY OF JUNE,2016.
____________________________________
SCOTT LUND –MAYOR
CERTIFICATION
Icertifythat the above Resolution is an accuratecopy of the Resolution adopted by the Council of
the City of Fridley at an authorized meeting held on the __________day of June, 2016, as shown by
the minutes of the meeting in my possession.
____________________________________
DEBRA SKOGEN
CITY CLERK
1003368
MnDOT Contract No:
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF FRIDLEY
COOPERATIVE LANDSCAPING
AGREEMENT
0285-969
State Project Number (S.P.):Original Amount Encumbered
694=393
Trunk Highway Number (T.H.):$15,000.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of FRIDLEY acting through its City Council ("City").
Recitals
1. The City will perform landscaping along Trunk Highway No. 694 within the City limits according to plans,
specifications and special provisions designated as the "Fridley Landscape Partnership Landscaping Plan" and
as State Project No. 0285-969 (T.H. 694=393); and
2. The City requests the State participate in the acquisition costs of the landscape materials and the State is
willing to participate in the acquisition costs of said landscaping materials according to the State's
"Community Roadside Landscaping Partnership Program"; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1. Term
1.1.
Effective Date. This Agreement will beeffective the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2.
Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled
according to the Community Roadside Landscaping Partnership Program Project Application, on file in the
State's Office of Environmental Stewardship and incorporated into this Agreement by reference.
1.3.
Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2.2. Right-of-Way, Easements and Permits; 2.3.
Maintenance by the City; 6. Liability and Worker Compensation Claims; 8. State Audits; 9. Government
Data Practices; 10. Governing Law; Jurisdiction; Venue; and 12. Force Majeure.
1.4.
Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated as the
"Fridley Landscape Partnership Landscaping Plan" and as State Project No. 0285-969 (T.H. 694=393) are
on file in the office of the City and the State's office of Environmental Stewardship and are incorporated into
this Agreement by reference. ("Landscape Plans")
1.5.
Exhibits. EXHIBIT "A" is attached and incorporated into this Agreement.
2. Agreement Between the Parties
2.1.
Acquisition and Installation of Landscape Materials
A.
Acquisition and Installation. The City will acquire landscape materials and perform landscaping
-1-
Landscape Agreement (Municipal Agreements)
1003368
MnDOT Contract No:
according to the Landscape Plans.
B.
Documents Furnished by the City. Within 7 days of ordering the landscape materials, the City will
submit a copy of the purchase orders to the State's Landscape Partnership Program Coordinator in
St. Paul.
C.
Control and Inspection of Landscape Materials
i.
The landscape materials acquired under this Agreement will be under the control of the City;
however the materials will be open to inspection by the State's authorized representatives. The City
will give the State's Landscape Partnership Program Coordinator five days notice of its intention to
receive delivery of the landscape materials.
ii.
The City must verify that the nursery vendor has a valid nursery certificate as required by the
Minnesota Department of Agriculture ("MDA"). Nursery stock originating outside Minnesota must
have been certified under all applicable MDA and United States Department of Agriculture
("USDA") quarantines. Certification documents issued by the appropriate regulatory official at
origin must accompany all nursery stock shipments, including but not limited to, USDA quarantines
for Gypsy Moth, Phytophthora ramorum, Emerald Ash Borer and Black Stem Rust. MDA Japanese
Beetle Quarantine nursery stock from Minnesota must be inspected and certified to be free of
harmful plant pests, but is not subject to MDA external Japanese Beetle Quarantine.
D.
Protecting and Locating Utilities. The City will preserve and protect all utilities located on lands
covered by this Agreement, without cost to the State. As required by Minnesota Statute 216D, the City
will notify Gopher State One Call System (www.gopherstateonecall.org) (1-800-252-1166) at least
48 hours before any excavation is done on this project.
E.
Restore Right-of-Way. Upon completion of the installation of landscape materials and after performing
any ongoing maintenance operations, the City will restore all disturbed areas of State right-of-way so as
to perpetuate satisfactory drainage, erosion control and aesthetics.
F.
Completion of Acquisition and Installation. The City will cause the acquisition and installation of the
landscape materials to be started and completed according to the time schedule in the Community
Roadside Landscaping Partnership Program Project Application. The completion date for the
acquisition and installation of the landscape materials may be extended, by an exchange of letters
between the appropriate City official and the State's Landscape Partnership Program Coordinator, for
unavoidable delays encountered in the performance of the acquisition and installation of the landscape
materials.
G.
Compliance with Laws, Ordinances, Regulations. The City will comply with all Federal, State and
Local laws, and all applicable ordinances and regulations in connection with the acquisition and
installation of the landscape materials.
2.2.
Right-of-Way, Easements and Permits
A.
The City is authorized to work on State right-of-way for the purposes of installing and maintaining the
landscape materials, including any necessary replacement of landscape materials that fail to survive.
All suppliers, contractors or volunteers under the direction of the City, occupying the State's right-of-
way must be provided with and wear required reflective clothing.
B.
-of-way will in no way impair or interfere with the safety or convenience of
the traveling public in its use of the highway and any use of State right-of-way under this Agreement
will remain subordinate to the right of the State to use the property for highway and transportation
purposes. No advertising signs or devices of any form or size will be constructed or be permitted to be
constructed or placed upon State right-of-way. This Agreement does not grant any interest whatsoever
in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility
that would become subject to Section 4(f) of the Federal Aid Highway Act of 1968.
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C.
The City will obtain all construction permits and any other permits and sanctions that may be required
in connection with the installation of the landscape materials without cost to the State.
2.3.
Maintenance by the City. The City will provide for the maintenance of the landscaping without cost to the
State. Maintenance includes, but is not limited to, weeding and pruning, and removal and replacement of all
materials that fail to survive. Criteria for maintenance and replacement are shown and described in
EXHIBIT "A", Maintenance Responsibilities Plan and Schedule.
3. State Cost and Payment by the State
3.1.
Basis of State Cost. The State's complete share of the costs of the landscaping is the delivered cost of the
landscaping materials acquired according to the Landscape Plans.
3.2.
Estimated State Cost and Maximum Obligation. The estimated cost of the landscape materials acquisition
$15,000.00$16,000.00
is . The maximum obligation of the State under this Agreement will not exceed ,
unless the maximum obligation is increased by amendment to this Agreement.
3.3.
Conditions of Payment. The State will pay the City the delivered cost of the landscape materials, not to
exceed the maximum obligation, after the following conditions have been met:
A.
Encumbrance by the State of the State's total cost share.
B.
Execution of this Agreement and transmittal to the City.
C.
Receipt by the State's Landscape Partnership Program Coordinator, from the City, of the following:
i.
Copies of the purchase orders for the landscape materials, as provided for in Section 2.1.B of this
Agreement.
ii.
Written request for payment, accompanied by copies of supplier invoices for the landscape materials
acquisition and delivery.
D.
Receipt of a memo, from the State's Landscape Partnership Program Coordinator, verifying that the
landscaping has been completed and recommending reimbursement.
4. Authorized Representatives
Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
4.1.
The State's Authorized Representative will be:
Name/Title: Todd Carroll, Landscape Partnership Program Coordinator (or successor)
Address: 395 John Ireland Boulevard, Mailstop 686, St. Paul, MN 55155
Telephone: (651) 366-4617
E-Mail: todd.carroll@state.mn.us
4.2.
The City's Authorized Representative will be:
Name/Title: Kay Qualley, Environmental Planner (or successor)
Address: 6431 University Ave NE, Fridley, MN 55432
Telephone: (763) 572-3594
Fax: (763) 571-1287
E-Mail: Kay.Qualley@fridleymn.gov
5. Assignment; Amendments; Waiver; Contract Complete
5.1.
Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
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5.2.
Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
5.3.
Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
5.4.
Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
6. Liability; Worker Compensation Claims
Each party is responsible for its own employees for any claims arising under the Workers Compensation Act.
Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and
will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736
and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law
govern liability of the City.
7. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
8. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
9. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The
civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the
City or the State.
10. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
11. Termination; Suspension
11.1.
By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
11.2.
Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available.
11.3.
Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work, activities, performance and payments authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and will be undertaken at
the risk of non-payment.
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12. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
e, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
\[The remainder of this page has been intentionally left blank\]
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STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Recommended for Approval:
Signed: By:
(Landscape Partnership Program Coordinator)
Date:
By:
3000298715 (District Engineer)
SWIFT Purchase Order:
CITY OF FRIDLEY Approved:
The undersigned certify that they have lawfully By:
executed this contract on behalf of the Governmental
(State Design Engineer)
Unit as required by applicable charter provisions,
resolutions or ordinances.
Date:
By:
Title:
Scott Lund, Mayor, City of Fridley COMMISSIONER OF ADMINISTRATION
Date:
By:
By: (With delegated authority)
Date:
Title: Walter T. Wysopal, City Manager, City
of Fridley
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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Landscape Agreement (Municipal Agreements)
EXHIBIT "A"
Maintenance Responsibilities Plan and Schedule
Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAINTENANCE CONSIDERATION
PLANT PRUNING WEED FERTILIZATION
GROUPS CONTROL See Table 5,
When To Type Of
Fertilization Schedule
Evergreen Trees Anytime - Dry Corrective and Maintain mulch at 3" Yes
Deadwood Removal minimum around trees
in mowed areas, keep
Shade Trees Anytime - Dry* Training and Yes
weed free.
Corrective
Ornamental Trees Winter** Corrective Yes
Evergreen Shrubs Anytime - Dry Deadwood Removal Yes
Deciduous Shrubs Dormant Corrective and Maintain minimum 3" Yes
Renewal woodchip mulch in a
weed free condition
until shrub crown
closure.
Vines Dormant Deadwood Removal No
Groundcovers
* Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or when humid
or wet.
** Do not prune apples, crabapples or Mountain Ash during April, May and June.
TABLE 1b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAINTENANCE CONSIDERATION
PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND
DISEASE PROTECTION REPLACEMENTS
CONTROL
Evergreen Trees Yes until established As needed. Yes - Pine Only Remove all dead plants.
(2 yrs.).
Shade Trees Yes
Remove diseased Replace dead or dying
Supplemental watering plants that pose plants unless the lost
Ornamental Trees Yes
may be needed during threats to adjacent plants do not noticeably
drought periods plantings. compromise the visual
Evergreen Shrubs No*
(especially during July appearance or design
and August) even after intent.
Deciduous Shrubs No*
plants are established.
Vines No*
Groundcovers No*
* Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting
areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce
rodent problems.
Sheet 1 of 4
TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE
ACTIVITY January February March April May June
Pruning See Table 1a for Best Time for Specific Species.
Weed Control: Planting beds must be kept in a weed free condition.
0XX XXXX XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
TurfXXXX
Shrubs, Trees
Insect & Disease Time of control depends on the type of insect or disease and when it is detected.
Sunscald Protection Remove
wrap*
Watering During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent OOOO OOOO OOOO OOOO OOOO OOOO
Protection
Turf Maintenance
Mowing OOX XXXX
Mower Damage
Prevention X XXXX XXXX
Replanting
Evergreen Trees OXX XXO
Deciduous Trees OXX XXXX
Container Plants XXX XXXX XXXO
Turf O XXXX XXOO
X - Optimum Time O - Less than Optimum Time
* Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper.
Sheet 2 of 4
TABLE 2b. CALENDAR OF LANDSCAPE MAINTENANCE
ACTIVITY July August September October November December
Pruning See Table 1a for Best Time for Specific Species.
Weed Control: Planting beds must be kept in a weed free condition.
XXXX XXXX XXXX XXXX OO XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
TurfXXXX
Shrubs, Trees XXXX
Insect & Disease Time of control depends on the type of insect or disease and when it is detected.
Sunscald Protection Apply or
maintain
paint. Install
wrap*.
Watering During first and second growing seasons approximately once a week
or as needed.
Maintain Rodent
Protection OOOO OOOO XXXX XXXX XOOO OOOO
Turf Maintenance
Mowing XXXX XXXX XXXX XXOO
Mower Damage
Prevention XXXX XXXX XXXX XXOO
Replanting
Evergreen Trees OX XXXO
Deciduous Trees OXXX XO
Container Plants OOOO OOOX XXXO
TurfOOOO OOXX XXXX OO
X - Optimum Time O - Less than Optimum Time
* Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper.
Sheet 3 of 4
TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING
TYPES OF PRUNING WHEN TO PRUNE DESCRIPTION
Disease Removal After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between cuts.
Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of the
crown.
Training See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen,
shade and ornamental trees. Removal of suckers and water sprouts.
Corrective See Table 1 Removal of storm-damaged, vehicle-damaged or vandalized limbs.
Renewal See Table 1 Removing all top growth at or near the ground line and remulch. Or
removal of 1/3 of the oldest stems at the ground line.
TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH
CATEGORY
METHOD
TREES SHRUB BEDS TURF
Replanting - Filling Voids X X
Fertilization X X X
Remulch* X X X
Herbicides X X X
Weed Whip No X
* Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years.
Place mulch to a 4" depth. Mulching will help control weeds, reduce mower damage and conserve
moisture.
TABLE 5. FERTILIZATION SCHEDULE
CATEGORY FREQUENCY TIME OF APPLICATION ANALYSIS ** RATE
Mowed Turf Every 3 Years April or October 23-0-30 1 lb (N)/1000 sq. ft.
Shrub Beds* Every 3 Years October or April 23-0-30 1 lb (N)/1000 sq. ft.
Shade Trees* Every 3 Years October or April 23-0-30 .5 lbs/1 Cu. Yd. of soil
Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one season in order
to prevent fertilizer burn on turf.
* Plants that fix nitrogen, like Silver Buffaloberry, Caragana, Honeylocust, Russian Olive or other legumes,
should not be fertilized except under special conditions.
Tall shrubs do not need to be fertilized if leaf color remains normal.
** Analysis will be allowed within the following ranges: N (16-24) P (0) K (20-30).
Sheet 4 of 4
CITY COUNCIL MEETING
OF JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: June 9, 2016
Re: Resolution Appointing Deputy Clerks and Absentee Ballot Board for Absentee
Voting in the 2016 Election Cycle
The Minnesota State Legislature adopted legislation requiring County Auditors to appoint an
absentee ballot board for the purpose of accepting and rejecting absentee ballots. On April 26,
2010, the City Council amended Chapter 4 of the Fridley City Code authorizing the establishment
of an absentee ballot board. Section 4.03 requires the City Council to appoint the names of the
individuals that will serve on the absentee ballot board.
Anoka County has designated the City of Fridley as a location to conduct in person absentee ballot
voting and designating the City’s appointed members to serve as “Deputy County Auditor” for the
purpose of accepting and rejecting in person absentee ballots.
In addition, Minnesota Statute Section 203B.081 and Anoka County Resolution #2014-M1 requires
the City to designate those individuals issuing absentee ballots on behalf of the County Auditor as
Municipal Deputy Clerks. This designation will remain in effect from June 24, 2016 through the
end of the contest period following the State General Election of November 8, 2016.
Staff recommends a the City Council adopted a resolution appointing city staff to the Absentee
Ballot Board and designating them as Municipal Deputy Clerks from June 24, 2016 through
November 8, 2016.
RESOLUTION NO. 2016 - __
A RESOLUTION APPOINTING AN ABSENTEE BALLOT BOARD FOR THE 2016
ELECTION CYCLE
WHEREAS, pursuant to MN Statute 203B.081, Anoka County Elections has designated the City of
Fridley as a location to conduct in person absentee voting for Fridley residents for the Minnesota
2016 Primary and State General Election; and
WHEREAS, the County Auditor must establish an absentee ballot board for ballots issued under
sections 203B.16 to 203B.27 and will be designating the City’s assigned staff as members of that
board for the purposes of accepting, rejecting and counting in person absentee ballots; and
WHEREAS, the duties of the Absentee Ballot Board are defined in the 2015 Minnesota Election
Laws and Rules; and
WHEREAS, Fridley City Code Section 4.03 requires the City Council to appoint the number of
persons and the names of the individuals that will serve on the Absentee Ballot Board which it
deems necessary to carry out the duties of the absentee ballot board.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby
designates the following individuals to the City’s absentee ballot board:
Roberta Collins Pat Maghrak
Craig Ellestad Jean Michaels
James Erickson Cheryl Pellegrin
Jake Foster Debra Skogen
Julie Horak Katie Smet
BE IT HEREBY FURTHER RESOLVED, when the above individuals are acting in their role as the
Absentee Ballot Board, they shall take an oath and use the title of “Municipal Deputy Clerk” for
that purpose; and
BE IT HEREBY FURTHER RESOLVED that the Anoka County Absentee Ballot Board is hereby
appointed and designated to act on behalf of the City of Fridley’s Absentee Ballot Board.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13
DAY OF JUNE 2016.
______________________________
Scott J. Lund, Mayor
ATTEST:
______________________________
Debra A. Skogen, City Clerk
AGENDA ITEM
COUNCIL MEETING OF JUNE 13, 2016
CLAIMS
CLAIMS
1605 (ACH PCard)
172717 - 172963
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2016
ESTIMATES
Keys Well Drilling Company
1156 Homer Street
St. Paul, MN 55116-3232
2016 Well Rehabilitation Project No. 448
Estimate No. 2 ................................................................................. $ 33,772.50
O’Malley Construction, Inc.
st
35812 – 241 Avenue NE
LeCenter, MN 56057
Safe Routes to School Project No. ST2011-21
Estimate No. 1 ................................................................................... $ 99,990.78
CITY COUNCIL MEETING
OF JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: June 3, 2016
Re: Public Hearing for Off-Sale 3.2% Malt Liquor to Jigar Patel on behalf of
Hanuman LLC dba Freedom Valu Located at 7600 University Avenue NE
Jigar Patel, President of Hanuman LLC dba Freedom Valu has applied for an off-sale 3.2% malt
liquor license located at 7600 University Avenue NE. Hanuman LLC will be purchasing the
property on June 8, 2016 from Erikson Oil Products Inc, who has held a 3.2% malt liquor license.
Section 602.05 of the Fridley City Code requires that a public hearing be held to consider the
approval of a 3.2% malt liquor license. The Notice of Public Hearing, as shown in Attachment 1,
was mailed to the applicant and published in the Fridley Sun Focus on June 3, 2016.
The Police Department has conducted a background investigation on the officers and found no
reason to deny the application at this time.
Staff recommends the following actions:
1.A motion opening the public hearing of an off-sale 3.2% malt liquor license.
2.A motion approving the off-sale 3.2% malt liquor license to Jigar Patel on behalf of
Hanuman LLC dba Freedom Valu Located at 7600 University Avenue NE.
Attachment 1
CITY OF FRIDLEY
PUBLIC HEARING BEFORE THE
CITY COUNCIL
(Legal Notice)
Notice is hereby given that the City Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue N.E. on Monday, June 13, 2016, at 7:00 p.m. on the
question of issuing an off-sale 3.2% Malt Liquor License to Jigar Patel of Hanuman LLC dba Freedom
Valu located at 7600 University Avenue NE, Fridley, Minnesota.
Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June
8, 2016.
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Published: June 3, 2016 in the Fridley SunFocus
CITY COUNCIL MEETING
OF JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: June 3, 2016
Re: Public Hearing for an On-Sale 3.2% Malt Liquor License to Robert J. Thomson of
th
Bolar LLC dba Pancheros Mexican Grill Fridley Located at 284 57 Avenue NE
Robert J. Thomson has applied for an on-sale 3.2% malt liquor license to operate a business known
th
as Bolar LLC dba Pancheros Mexican Grill Fridley located at 284 57 Avenue NE. The Manager
of the establishment will be Craig D. Noah. The establishment has signed a lease agreement with
ZCOF TL Fridley LLC for a ten year period.
Section 602.05 of the Fridley City Code requires a public hearing to be held to consider the
approval of the on-sale 3.2% malt liquor license. The Notice of Public Hearing, as shown in
Attachment 1, was mailed to the applicant and published in the Fridley SunFocus on June 3, 2016.
An outdoor patio will be available for food patrons only. Pancheros will be posting a sign stating
that all 3.2% malt liquor must remain inside the establishment.
The Police Department has conducted a background investigation on the owner and manager and
has found no reason to deny the application at this time.
Staff recommends the following actions:
1.A motion opening the public hearing on the on-sale 3.2% malt liquor license for Pancheros
Mexican Grill Fridley.
2.A motion approving the on-sale 3.2% malt liquor license to Robert J. Thomson for Bolar
th
LLC dba Pancheros Mexican Grill Fridley located at 284 57 Avenue NE and the liquor
managerial license to Craig Noah.
Attachment 1
CITY OF FRIDLEY
PUBLIC HEARING BEFORE THE
CITY COUNCIL
(Legal Notice)
Notice is hereby given that the City Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue N.E. on Monday, June 13, 2016, at 7:00 p.m. on the
question of issuing an on-sale 3.2% Malt Liquor License to Robert L. Thomson of Bolar LLC dba
th
Pancheros Mexican Grill Fridley located at 284 57 Avenue NE, Fridley, Minnesota.
Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June
8, 2016.
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Published: June 3, 2016 in the Fridley SunFocus
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: June 9, 2016
Re: Second Reading of an Ordinance Amending Fridley City Code by Creating Chapter
609 Liquor Caterers Registration and Event Notification Permit; Amending Section
508.21.5 Allowing City Registered Caterers to Serve Alcoholic Beverages at
Springbrook Nature Center; and Amending Section 11.10 Creating Fees for
Registration of Caterers and Event Notification Permits.
There was a lot of discussion about “Event Center’s” in the past two years. As properties became
vacant or on the market for a long period of time, there were business, organizations or individuals
that purchased some of these properties before inquiring about the zoning classification or uses
permitted. As a result, there have been many inquiries about whether someone may obtain a liquor
license or temporary liquor license, specifically for one site.
This ordinance defines an “event center” as, “an establishment that leases or rents space to public or
private organizations or parties who contracts, or allows parties to contract, with a licensed liquor
caterer licensed by the State to provide food and alcohol in the City at a site other than the premises
for which the on-sale intoxicating liquor license is issued.” The City’s zoning code does not
specifically define an “event center” but rather defines an assembly facility. Section 205.03.05
defines an assembly facility as, “a building or portion of a building used for events such as
weddings, conferences, worship, or meetings.”
MN Statute Section 340A.404, Subd. 12, provides for a state caterer’s permit to be issued to
licensed restaurants. This permit allows them to provide alcohol off-site incidental to the serving of
food. Conditions of the permit requires caterers to notify the local police department in the city
where the event is taking place and subjects them to all laws and ordinances governing the sale of
intoxicating liquor in that city. Given that a city can regulate caterer’s, staff researched the issue
and created an ordinance that would require the registration of state licensed caterers serving
alcohol in the City and requiring event notification permits.
This ordinance requires state caterers who want to provide food and alcohol to any event held
within the City to register with the City and submit an event notification permit. The ordinance
defines the conditions of registration, the information required on an event notification permits,
provides for an appeal process should their registration be suspended or denied, and creates
administrative offenses and fines for the required liquor compliance checks.
In addition to creating the registration and event notification permit, this ordinance amends Chapter
508 of the City Code by allowing a liquor caterer who is registered with the City to provide food,
malt liquor, and wine to their guests for consumption in the Springbrook Nature Interpretive
Building and/or adjacent outdoor designated space as part of an event.
During the first reading, held May 23, 2016, several changes were recommended by City Council.
City staff and attorney have reviewed the suggested changes and have made the following
recommended changes:
Section 609.03 – Conditions of Licensed Caterers
1.The long paragraph has been changed into bullet points;
5. The language was changed to read: No sale of alcoholic beverages shall occur is permitted
after 1:00 a.m.
8. The language was changed to read: If an event is to be held outside, the applicant shall
indicate how define the premises to which the alcohol will be confined to a particular
area.
10. The entire paragraph was removed and number 11 was changed to 10.
Section 609.07 – Administrative Offenses
2.A. The words “a party” was changed to “an individual”.
6. The language was changed to read: Hearing Examiner. The position of hearing
examiner is hereby created. At the discretion of Tthe city manager may, at his discretion
and with the approval of the Council, contract with third parties for the furnishing of all
services of the hearing examiner as contained in this Section and set the rate of
compensation therefore.
9. The language was changed to read: Failure to Pay. In the event an party individual
employed by the caterer charged with an administrative penalty fails to pay the penalty, if
an the individual, the party will be charged with the criminal offense;.Iif a caterer fails to
pay the penalty, the Council will suspend the registration issued to the caterer under this
Chapter.
An additional request was for staff to review the words “does or will” in Section 609.06.2 under
Denial, Suspension or Revocation of Registration. The language appeared to be somewhat
confusing upon a quick reading. The idea of the language was to allow for present and future.
After reviewing the language it was determined language was needed to clarify it would be a
caterer’s registration that could be denied, suspended or revoked. Language was added allowing the
Director of Public Safety to terminate an event for specific reasons. The changes made to this
ordinance are:
Section 609.04. EVENT NOTIFICATION PERMIT
The word PERMIT was added to the title and the word “registered” was added to the first paragraph
for clarification.
4.New language was added to provide for termination of an event for specific causes: “The
Director of Public Safety or designee may terminate any permitted catered event that
disturbs the peace, quiet or repose of surrounding residential or commercial areas or that
results in disorderly behavior, noise, traffic, litter or parking problems at the event’s
location or in the area near the event’s location.”
Section 609.06. DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION
Insertion of the word “registered” was added to the first paragraph for further clarification as to
what can be denied, suspended or revoked.
2.Substituting the words “does or will” with the word has and changing disburbto disturbed.
3.Substituting the words “does or will” with the word has and changing contribute to
contributed.
4.Added the word “catered” for further clarification.
Staff recommends a motion holding the second reading of an Ordinance Amending the Fridley City
Code by Creating Chapter 609 Liquor Caterers Registration and Event Notification Permit;
Amending Chapter 508 Parks and Parkways, Section 508.21.5.D. Allowing City Registered
Caterers to Serve Alcoholic Beverages at Springbrook Nature Center; and Chapter 11 General
Provisions and Fees, Section 11.10. Fees, Creating Fees for Registration of Caterers and Event
Notification Permits, as shown in Attachment 1.
Attachment 1
ORDINANCE NO ____
AN ORDINANCE AMENDING FRIDLEY CITY CODE BY CREATING CHAPTER 609
LIQUOR CATERERS REGISTRATION AND EVENT NOTIFICATION PERMIT;
AMENDING CHAPTER 508 PARKS AND PARKWAYS, SECTION 508.21.5.D.,
ALLOWING CITY REGISTERED CATERERS TO SERVE ALCOHOLIC
BEVERAGES AT SPRINGBROOK NATURE CENTER; AND CHAPTER 11 GENERAL
PROVISIONS AND FEES, SECTION 11.10. FEES, CREATING FEES FOR
REGISTRATION OF CATERERS AND EVENT NOTIFICATION PERMITS
The City Council of the City of Fridley herby ordains the Fridley City Code be amended as
follows:
SECTION 1: That Fridley City Code is hereby amended by creating a new chapter of the
City Code requiring registration of State licensed liquor caterer and events as follows:
FRIDLEY CITY CODE
CHAPTER 609. LIQUOR CATERER’S REGISTRATION AND EVENT NOTIFICATION
609.01. DEFINITIONS.
The following definitions shall apply in the interpretation and application of this Chapter. The
following words and terms, wherever they occur in this Chapter, are defined as follows:
1.Liquor Caterer. A brewpub or restaurant that holds both an on-sale intoxicating liquor
license issued by any Minnesota municipality and a caterer’s permit issued by the State of
Minnesota that serves prepared meals and alcohol at an event at a site other than the premises
for which the holder’s on-sale intoxicating liquor license is issued.
2.Liquor Catered Event. A private social gathering whereby a public or private party contracts
with a Caterer to provide food and alcohol in the City at a site other than the premises for
which the on-sale intoxicating liquor license is issued.
3.Event Center. An event center is an establishment that leases or rents space to public or
private organizations or parties who contracts, or allows parties to contract, with a licensed
liquor caterer licensed by the State to provide food and alcohol in the City at a site other than
the premises for which the on-sale intoxicating liquor license is issued.
609.02. LIQUOR CATERER REGISTRATION
The holder of a state caterer’s permit issued under the provision of Minnesota Statutes Section
340A.404, subd. 12, shall register to operate under said caterer’s permit in the City using a form
provided by the city clerk. The form may contain the business name, address, phone, e-mail
address, contact name and other information deemed necessary by the city clerk or public safety
director. A caterer’s registration must be approved by the public safety director, or designee. A
liquor caterer shall be hereinafter referred to as “caterer”.
Ordinance No. ____ Page 2
th
The registration under this section shall expire on April 30
of each year.
609.03. CONDITIONS OF REGISTERED LIQUOR CATERER
Events that are catered in the City in accordance with Minnesota Statutes 340A.404(12) and this
chapter of the City code shall comply with the following conditions:
1.A caterer shall keep a record of each event they provide services for in the City. The record
shall contain:
A.the contract,;
B.information about each event as required by the event notification,; and
C.the gross amount of food and liquor sales showing that the sale of intoxicating liquor
was incidental to the sale of food.
The records shall be made available to authorized city staff upon request.
2.A caterer shall staff the event with at least one employee from the original licensed
establishment.
3.All servers of alcohol at a catered event shall be at least eighteen (18) years of age and
employees of the licensed establishment.
4.A caterer shall complete an “Event Notification Permit” at least ten (10) business days before
the event.
5.No sale of alcoholic beverages shall occur is permitted after 1:00 a.m.
6.The property owner shall give consent to a caterer to submit to and facilitate any site
inspections by police, fire or the regulatory agency for the enforcement of the registration or
the event.
7.Both state license and city registration permit must be available for display upon request of
any law enforcement officer or investigator.
8.If an event is to be held outside, the applicant shall indicate how define the premises to which
the alcohol will be confined to a particular area.
9.The caterer shall maintain adequate security for all its catered events in the City. The caterer
may coordinate security with the host facility.
10.The City may by resolution establish a list of premises for which a caterer may not provide
services at an event without explicit approval of the city council.
Ordinance No. ____ Page 3
1110. Holders of a caterers permit licensed under this Chapter shall comply with all provisions of
the Minnesota Statutes, ordinances and rules governing the retail sales of alcoholic
beverages.
609.04. EVENT NOTIFICATION PERMIT
1.Aregistered caterer shall submit an event notification permit for each event at least ten (10)
business days prior to the event. Each event permit must be approved by the public safety
director or designee.
2.The event notification permit form may contain information deemed necessary by the city
clerk or public safety director including but not limited to the following:
A.The name of the event;
B.The location of the event;
C.The time and date of the event;
D.The event contact name and phone number;
E.The estimated number of guests;
F.The type of liquor to be served; and
G.The estimated gross food to liquor sales.
3.No single location in the City shall have a single catered event lasting more than three (3)
consecutive days, unless the permit is issued in connection with a civic event or community
festival.
4.The Director of Public Safety or designee may terminate any permitted catered event that
disturbs the peace, quiet or repose of surrounding residential or commercial areas or that
results in disorderly behavior, noise, traffic, litter or parking problems at the event’s location
or in the area near the event’s location.
609.05. FEES
The annual fee for the caterer registration and event notification permit shall be listed in Section
11.10 of this Code.
609.06. DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION
A caterer’s application for registration may be denied or a caterer’s registration may be
suspended or revoked without a refund for any of the following reason:
1.Any violations of the provisions set forth in this chapter of the City Code or Minnesota
Statutes Chapter 340A by the registrant, its employees, agents or servants. Such violations
occurring on the premises being catered shall be just cause and subject them to civil, criminal
or administrative action.
Ordinance No. ____ Page 4
2.The operation of an event does or will has unreasonably disturbedthe peace, quiet or repose
of surrounding residential or commercial areas;.
3.The operation of an event does or will has contributed to crime, disorderly behavior, noise,
traffic, litter or parking problems in the area near the event’s location;.
4.Registrant’s refusal to supply its records, books of account, and contract pertaining to an
catered event set forth in this section;.
5.Failure to maintain adequate security for its catered event in the City;.
6.Failure to register as a caterer with the City or provide information on a catered event;. or
7.Any other good cause related to the operation of the business or venue.
609.07. ADMINISTRATIVE OFFENSES
1. Administrative Civil Penalties: Administrative offense procedures established pursuant
to this chapter are intended to provide the public and the City with an informal, cost effective,
and practical alternative to traditional criminal charges for violations of this ordinance. The
procedures are intended to be voluntary on the part of those who have been charged with
administrative offenses.
2. Every caterer shall be responsible for the conduct of its employees while off-site of their
licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor,
beer or wine by an employee to any person under twenty-one (21) years of age shall be
considered an act of the caterer for purposes of imposing an administrative penalty, license
suspension, or revocation.
A.Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which
event the City may bring criminal charges in accordance with law. Likewise, the City, at
its discretion, may bring criminal charges in the first instance. In the event a party an
individual participates in the administrative offense procedures but does not pay the
monetary penalty which may be imposed, the City will seek to collect the costs of the
administrative offense procedures as part of a subsequent criminal sentence in the event
the party is charged and is adjudicated guilty of the criminal violation.
B.Caterer. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the caterer may withdraw from participation in the procedures in which event
the City may permanently revoke the registration issued to the caterer under this Chapter
in accordance with law. Likewise, the City, in its discretion, may revoke the registration
issued to the caterer under this Chapter in the first instance. In the event a caterer
participates in the administrative offense procedures but does not pay the monetary
Ordinance No. ____ Page 5
penalty which may be imposed, the City will suspend the registration issued to the caterer
under this Chapter in accordance with section 603.26.B of this ordinance.
3. Notice. Any officer of the City’s police department shall, upon determining there has
been a violation, notify the violator of the violation. Said notice shall set forth the nature, date
and time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty. In addition, said notice of violation shall be sent to the municipality who issued the
liquor license to the caterer.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of
the time of issuance of the notice, pay the amount set forth on the notice,; or may request a
hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and
payment shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the hearing examiner. Such request shall be filed in writing with the
office of the public safety director within twenty (20) days of the offense. Thepublic safety
director shall notify the hearing examiner, who will notify the person contesting and the licensee
of the date, time, and place of hearing. The hearing shall be conducted no more than twenty (20)
days after the hearing examiner receives notice of the request, unless a later date is mutually
agreed to by the hearing examiner, the caterer, the person contesting and the City. Within ten
(10) days after such hearing, the hearing examiner shall affirm, repeal, or modify the charge
against the caterer or the person contesting. Any person aggrieved by the decision of the hearing
examiner may appeal with the public safety director within twenty (20) days of receiving notice
of the hearing examiner’s decision. At its next available regular meeting following the filing of a
notice of appeal, the Council shall review the decision and findings of fact of the hearing
examiner and shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of hearing examiner is hereby created. At the discretion
of Tthe city manager may, at his discretion and with the approval of the Council, contract with
third parties for the furnishing of all services of the hearing examiner as contained in this Section
and set the rate of compensation therefore.
7. Qualifications. The hearing examiner shall be an individual trained in law; however, it
shall not be required that the hearing examiner be currently licensed to practice law in the State
of Minnesota.
8. Duties: The hearing examiner shall have the following duties:
A.Set dates and hear all contested cases.
B.Take testimony from all interested parties.
C.Make a complete record of all proceedings including findings of fact and conclusions of
law.
D.Affirm, repeal or modify the penalty accessed.
Ordinance No. ____ Page 6
9. Failure to Pay. In the event an party individual employed by the caterer charged with an
administrative penalty fails to pay the penalty, if an the individual, the party will be charged with
the criminal offense;.Iif a caterer fails to pay the penalty, the Council will suspend the
registration issued to the caterer under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to
the City’s treasurer and will be deposited in the City’s general fund.
609.08. VIOLATIONS
1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who
sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of twenty-
one (21) years is subject to an administrative penalty; and any person under the age of twenty-
one (21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine
from a licensee is subject to an administrative penalty. The administrative penalties are as
follows:
First violation
. The penalty for the first violation is $250.00.
Second violation within 12 months
. The penalty for the second violation is $500.00.
Third violation within 12 months
. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Caterer. If a caterer or an employee of a caterer is found
to have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of
twenty-one (21) years, the caterer shall be subject to an administrative penalty as follows:
First violation
. The penalty for the first violation is $500.00. If the fine is not paid within
20 days the City may suspend the registration issued to the caterer under this Chapter for a
period not to exceed 10 days
Second violation within 12 months
. The penalty for the second violation is $1000.00. If
the fine is not paid within 20 days the City may suspend the registration issued to the caterer
under this Chapter for a period not to exceed 30 days.
Third violation within 12 months
. The city may permanently revoke the registration issued
to the caterer under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor,
beer or wine to a person under the age of twenty-one (21) years, that the licensee or individual, in
making the sale, reasonably and in good faith relied upon representation of proof of age
described in State Statute Section 340A.503. subdivision 6, paragraph (a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while
in this capacity is exempt from the penalties imposed by subdivision A above.
Ordinance No. ____ Page 7
5. Revocation. The City Council has the authority to revoke any registration as noted in
Section 11.09 of this Code.
609.9. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
SECTION 2: That Section 508.21.5 of the Fridley City Code is hereby amended to allow
State licensed liquor caterers and their events at Springbrook Nature Center or as follows:
CHAPTER 508. PARKS AND PARKWAYS
Section 508.21 ALCOHOLIC BEVERAGE
5. Notwithstanding any laws to the contrary, malt liquor and wine may be sold and or consumed
for receptions or social events within the Springbrook Nature Center Interpretive Building and or
in an adjacent outdoor designated space allowed only by written agreement with the City under
the following conditions (Ref 1293):
A. Pursuant to a temporary on-sale intoxicating liquor license.
B. Pursuant to a temporary on-sale 3.2% malt liquor license.
C. Pursuant to a temporary consumption and display permit.
D. A private or public party may contract with the holder of a State’s caterer’s permit a
liquor caterer licensed by the State of Minnesota under Minnesota Statute 340A.404(12) and
registered with the City, as required in Chapter 609 of this Code. The liquor caterer may
provide food, malt liquor, and wine to their guests for consumption in the Springbrook
Nature Interpretive Building and/or adjacent outdoor designated space as part of a social
event.
E.The holder of a City retail on-sale intoxicating liquor license may dispense malt liquor
and wine off the licensed premises at any convention, banquet, conference, meeting, or social
affair conducted on the premises of the Springbrook Nature Center without obtaining a state
caterers license required by Minnesota Statute 340A.404(12); however, the licensee is
prohibited from dispensing malt liquor or wine to any person attending or participating in a
youth amateur athletic event being held on the premises. A youth amateur athletic event, for
the purposes of this section, is defined as an event whose participants are 18 years of age and
younger.
Ordinance No. ____ Page 8
SECTION 3: That Section11.10 of the Fridley City Code is hereby amended to set the fees
for state licensed liquor caterers:
Chapter 11. GENERAL PROVISIONS AND FEES
Section 11.10. FEES
CODE SUBJECT FEE
609Liquor, Caterer
Caterer Registration $100
Event Notification Permit $25/Event
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
13 DAY OF JUNE 2016.
________________________
Scott J. Lund, Mayor
ATTEST
_________________________
Debra A. Skogen, City Clerk
First Reading: May 23, 2016
Second Reading: June 13, 2016
Publication:
CITY COUNCIL MEETING
OF JUNE 13, 2016
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: May 27, 2016
Re: Second Reading of Two Ordinances:
1.An Ordinance Creating Chapter 610 of the Fridley City Code Entitled Liquor
Manufacturers and Amending Chapter 11 Establishing Fees; and
2.An Ordinance Amending Chapters 603, 602 and 606 to Allow for Brew Pubs
and Amending the Hours of Operation
Due to the increasing popularity of craft beers and microdistilleries, City staff began researching
how they could be incorporated into the City Code. After reviewing the State Statutes, other
municipal codes, attending seminars, discussing the Statutes with the Minnesota Alcohol and
Gambling Division, and final review of the City Attorney, staff provided the information to the City
Council for their feedback. The final details of the hours of operation and fees were reviewed and
discussed during the May 9, 2016, Council work session and the first reading was held on May 23,
2016.
Chapter 610 is an ordinance creating a new chapter of the City Code allowing the City to issue
breweries or distilleries a “taproom”, “brew pub” or “Cocktail room” license for the on-sale of their
product on their premises. This code also would allow for the brewer to have an off-sale license to
allow for the sale of their product in a specific type of container, most commonly known as a
“Growler”; or to a Microdistillery for on-sale in a “cocktail room” license or off-sale in a specific
type and size of container.
Under Minnesota law, “brew pubs” can only operate as a restaurant; however, they have the ability
to sell the malt liquor they produce on-sale to individuals to consume on the premises or off-sale in
a “growler” for individuals to take off of the premises. To allow for a “brew pub” an additional
ordinance was drafted to amended Chapter 603 of the City Code.
After discussing the hours of operation, City staff reviewed the City Code and made additional
amendments to Chapter 602 for 3.2% Malt Liquor and 606 for Clubs. As the City may be more
restrictive, it is recommended off-sales be limited to the hours of the Municipal Liquor stores, with
the exception of the “growlers”, which may also be sold on Sundays between the hours of 8 am and
10 pm.
During the first reading a question arose whether there are any limits on the number of taproom
licenses that a brewer can possess. Pursuant to Minn. Stat. 340A.26, Subd. 1(b), a brewer may only
have one taproom license and may not have an ownership interest in a brew pub.
Staff recommends the following motions:
1.Hold the second reading of an Ordinance Creating a New Chapter of the Fridley City Code,
Chapter 610 Liquor Manufacturers and Amending Chapter 11 of the City Code by
Establishing Fees, as shown in Attachment 1; and
2.Hold the second reading of an Ordinance Amending Chapter 603 of the Fridley City Code
Entitled Intoxicating Liquor to Allow for Brew Pubs and Amend the Hours of Operation;
Chapter 602, Section 602.09, and Chapter 606, Section 606.11 Amending the Hours of
Operation, as shown in Attachment 2.
Attachment 1
ORDINANCE NO. ____
AN ORDINANCE CREATING A NEW CHAPTER OF THE FRIDLEY CITY CODE,
CHAPTER 610 LIQUOR MANUFACTURERS AND AMENDING CHAPTER 11 OF
THE CITY CODE BY ESTABLISHING FEES
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Fridley City Code related to liquor manufacturers and fees be hereby created, amended and
ordained as follows:
SECTION 1: That Fridley City Code, Chapter 610. Liquor Manufacturers be hereby
created as follows:
CHAPTER 610. LIQUOR MANUFACTURERS
610.01 STATE LAW ADOPTED
The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are
adopted and made part of this Chapter as if set out in full. Whenever there is an inconsistency
between the provisions of Minnesota Statutes Chapter 340A and the provisions of this Chapter,
the more restrictive provision shall govern, where allowed by State law.
610.02 DEFINITIONS
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.Brew Pub. A “brew pub” is a brewer who holds a municipal retail on- or off-sale license in
conjunction with a restaurant and who manufacturers fewer than 3,500 barrels of malt liquor
in a year, at any one or more licensed premises as permitted in Minnesota Statutes 340A.24.
2.Brewer. A “brewer” is a person who manufacturers malt liquor for sale and holds a Brewers
License issued by the State of Minnesota.
3.Brewer Taproom. “Brewer taproom” is a facility on or adjacent to the licensed brewery
which allows for the on- or off-sale of malt liquor produced by the brewer.
4.Commissioner. “Commissioner” is the Commissioner of the Minnesota Department of
Publication Safety.
5.Distilled Spirits. “Distilled spirits” is ethyl alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for non-industrial use.
6.3.2% Malt Liquor. “3.2% malt liquor” is malt liquor containing not less than one-half of one
percent alcohol by volume and no more than 3.2 percent alcohol by weight.
Ordinance No. ____ Page 4
7.Malt Liquor. “Malt liquor” is any beer, ale, or other beverage made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
8.Manufacturer. “Manufacturer” is a person who, by a process of manufacture, fermenting,
brewing distilling, refining, rectifying, blending or by the combination of different materials
prepares or produces intoxicating liquor for sale.
9.Microdistillery. “Microdistillery” is a distillery operated within the state producing
premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar
year.
10.Microdistillery Cocktail Room. “Microdistillery cocktail room” is a facility on or adjacent to
the licensed distillery which allows for the on- or off-sale of distilled liquor produced by the
distiller.
11.Off-sale. “Off-sale” is the sale of alcoholic beverages manufactured on site in original
packages for consumption off the licensed premises only.
12.On-sale. “On-sale” is the retail sale of alcoholic beverages manufactured on site for
consumption on the licensed premises.
13.Original Package. “Original Package” is a container or receptacle holding alcoholic
beverages which is sealed, capped or corked by a manufacturer on the licensed premises.
610.03. LICENSE REQUIRED
No manufacturer may directly or indirectly manufacture malt liquor or intoxicating liquor
without first obtaining zoning approval from the City. After the manufacturer has obtained
approval from the City, they must then obtain the appropriate state and federal licenses or
permits to operate as a manufacturer as defined in Minnesota Statutes Section 340A.301.
No manufacturer, to the extent authorized under Minnesota state law, shall directly or indirectly
operate a brewer taproom or microdistillery cocktail room without having obtained a City license
to do so as provided for in this Chapter.
No single entity may hold both a microdistillery cocktail room and brewer taproom license.
A microdistillery cocktail room and brewer taproom may not be co-located within a single entity.
The following licenses shall be issued by the City to manufacturers:
1.Brewery Retail Liquor License.
A brewer licensed under Minnesota Statute 340A.301 may be issued an on-sale brewer taproom
license, a small brewer off-sale license, or a brew pub off-sale license for the sale of malt liquor
Ordinance No. ____ Page 5
produced and packaged on the licensed premises which may also be sold to other bars,
restaurants and off-sale liquor stores if permitted by State law and issued a license by the State.
A.Brewer Taproom on-sale license.
(1)A brewer taproom On-sale License authorizing the on-sale of malt liquor produced by
the brewer for consumption on the premises or adjacent to one brewery location
owned by the brewer may be approved by the City Council under Minnesota Statute
Section 340A.26.
(2)A brewer may only have one brewer taproom license for malt liquor produced by the
brewer and may not have an ownership interest in a brew pub.
(3)A brewer tap room license may not be issued to a brewer if the brewer seeking the
license, or any person having an economic interest in the brewer seeking the license
or exercising control over the brewer seeking the license, is a brewer that brews more
than 250,000 barrels of malt liquor annually.
(4)Once the brewer taproom license is approved by the City Council, the city clerk shall,
within ten days of the issuance of the license, inform the Commissioner of the
licensee’s name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(5)The brewer taproom on-sale of malt liquor produced by the brewer shall be limited to
the legal hours for on-sale malt liquor in the City. No sale of malt liquor on-sale shall
be made:
(a)between the hours of 1:00 am and 8:00 a.m. on the days of Monday through
Saturday, nor between 1:00 am and 8:00 a.m. on Sunday.
(b)between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without the Holiday Endorsement as defined in Section 602.09 and 603.11 of the
City Code.
(c)Between the hours of 1 am and 2 am on the days of Monday through Sunday
without the Late Night Endorsement as defined in Section 602.09 and 603.11 of
the City Code.
(6)The sale of malt liquor produced by the brewer shall be limited to the brewer taproom
and may not be taken outdoors unless a Patio Endorsement, defined in Section 610.14
of this Code, has been obtained.
B.Small Brewer Off-Sale License
(1)A Small Brewer Off-Sale License authorizing the sale of malt liquor produced and
packaged by the brewer for consumption off the premises may be approved by the
City Council.
Ordinance No. ____ Page 6
(2)A brewer may only have one small brewer license for malt liquor produced and
packaged by the brewer.
(3)The amount of malt liquor produced and packed by the brewer and sold off-sale may
not exceed 500 barrels annually.
(4)The malt liquor produced and packaged by the brewer and sold off-sale must be
removed from the premises before the applicable off-sale closing time in the City.
(5)The packaging of malt liquor produced by the brewer for off-sale must comply with
Minnesota Statute Section 340A.285.
(6)A license may not be issued to a small brewer if the brewer seeking the license, or
any person having an economic interest in the brewer seeking the license or
exercising control over the brewer seeking the license, is a brewer that brews more
than 20,000 barrels of its own brands of malt liquor annually.
(7)Once the license is approved by the City Council, the city clerk shall, within ten days
of the issuance of the license, inform the Commissioner of the licensee’s name,
address, trade name and effective date and expiration date of the license. The City
shall also inform the Commissioner of a license cancellation, suspension or
revocation during the license period.
(8)The off-sale of malt liquor produced and packaged by the brewer shall be limited to
the legal hours for off-sale malt liquor in the City. No sale of malt liquor off-sale,
except as allowed in Minnesota Statute Section 240A.28, shall be made:
(a)between the hours of 10:00 pm and 8:00 a.m. on the days of Monday through
Sunday.
(b)between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 602.09 and 603.11 of the
City Code.
C.Brew Pub Off-Sale License
(1)A brew pub that holds an on-sale license issued under Fridley City Code Section
603.02 may hold a license for the off-sale of malt liquor produced and packaged on
the brew pubs licensed premises if approved by the City Council.
(2)The malt liquor produced and packaged by the brewer and sold off-sale by the brew
pub must not be consumed onsite and must be removed from the premises before the
applicable off-sale closing time in the City.
(3)The packaging of malt liquor produced by the brewer on the licensed premises for
off-sale by the brew pub must comply with Minnesota Statute Section 340A.285.
Ordinance No. ____ Page 7
(4)A brew pubs total retail sales at on- or off-sale under this section may not exceed
3,500 barrels annually, provided off-sales may not total more than 500 barrels
annually.
(5)A brew pub licensed under this section to sell malt liquor off-sale may not be licensed
as an importer under Minnesota Statutes Section 340A.302.
(6)Once the brew pub off-sale license is approved by the City Council, the city clerk
shall, within ten days of the issuance of the license, inform the Commissioner of the
licensee’s name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(7)The off-sale of malt liquor produced and packaged on the brew pub’s licensed
premise shall be limited to the legal hours for off-sale malt liquor at exclusive liquor
stores within the City. No sale of malt liquor off-sale, except as allowed in
Minnesota Statute Section 340A.24, shall be made:
(a)between the hours of 10:00 pm and 8:00 a.m. on the days of Monday through
Sunday.
(b)between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 602.09 and 603.11 of the
City Code.
2.Microdistillery Retail License
A microdistillery licensed under Minnesota Statute Section 340A.301 may be issued an on-sale
cocktail room license and an off-sale license for the sale of intoxicating liquor produced and
packaged on the licensed premises. The intoxicating liquor produced and packaged on the
licensed premises may also be sold to other bars, restaurants and off-sale liquor stores if
permitted by State law and issued a license by the Commissioner.
A.On-Sale Microdistillery Cocktail Room License
(1)A microdistillery cocktail room license authorizing the on-sale of intoxicating liquor
produced by the microdistillery for consumption on the premises or adjacent to one
distillery location owned by the distiller may be approved by the City Council under
Minnesota Statute Section 340A.26.
(2)A microdistillery may only have one microdistillery cocktail room license and may
not have an ownership interest in a distillery licensed under Minnesota Statute
Section 340A.301.
(3)No license may be issued if the microdistiller seeking the microdistillery cocktail
room license or exercising control over the microdistillery seeking the license is a
Ordinance No. ____ Page 8
microdistiller that produces more than 40,000 proof gallons of premium, distilled
spirits annually.
(4)Once the microdistillery cocktail room license is approved by the City Council, the
city clerk shall, within ten days of the issuance of the license, inform the
commissioner of the licensee’s name, address, trade name and effective date and
expiration date of the license. The city clerk shall also inform the state of a license
cancellation, suspension or revocation during the license period.
(5)The on-sale of intoxicating liquor produced and packaged by the microdistillery for
consumption on the licensed premises shall be limited to the legal hours for on-sale
intoxicating liquor in the City. No on-sale of intoxicating liquor shall be made:
(a)between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(b)after 1:00 a.m. on Sundays unless the licensee is considered a restaurant with a
seating capacity for at least 30 persons and which holds a Sunday on-sale license
authorizing them to sell intoxicating liquor for consumption on the premises in
conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and
1:00 a.m. on Mondays;
(c)between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 603.11 of the City Code.
(d)Notwithstanding the foregoing, the sale of intoxicating liquor for consumption
may occur on a licensed premise between the hours of 1:00 a.m. and 2:00 a.m. if
the licensee has been granted by the city a Late Night License Endorsement for
that license as defined in Section 603.11 of the City Code.
(6)The on-sale of intoxicating liquor produced by the microdistillery shall be limited to
the microdistillery cocktail room and may not be taken outdoors unless a Patio
Endorsement, defined in Section 610.14 of this Code, has been obtained.
B.Microdistillery Off-Sale License
(1)A microdistillery off-sale license authorizing the sale of intoxicating liquor produced
and packaged by the distiller for consumption off the premises may be approved by
the City Council.
(2)A distiller may only have one microdistillery license for intoxicating liquor produced
and packaged by the distiller.
(3)The intoxicating liquor produced and packaged by the distiller and sold off-sale must
be removed from the premises before the applicable off-sale closing time in the City.
(4)The license may allow the sale of one 375 milliliter bottle per customer per day of
product manufactured on-site. No brand may be sold at the microdistillery unless it is
also available for distribution by wholesalers.
Ordinance No. ____ Page 9
(5)Once the microdistillery off-sale license is approved by the City Council, the city
clerk shall, within ten days of the issuance of the license, inform the Commissioner of
the licensee’s name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(6)The microdistillery may not sell intoxicating liquor off-sale:
(a)on Sundays;
(b)before 8:00 am or after 10 pm on Monday through Saturday
(c)on Thanksgiving Day
(d)after 8 pm on Christmas Eve, December 24; or
(e)on Christmas Day, December 25;
610.04. APPLICATION
Every application for a license from a manufacturer to sell malt liquor or intoxicating liquor off-
or on-sale shall be filed with the City Clerk. In addition to the information which may be
required by the Commissioner, the application shall contain the following information:
1. Whether the applicant is a person, corporation, partnership, or other form of organization.
2. The type of license the applicant seeks.
3. Individual Information:
A. True name, place and date of birth, and home address.
B. Whether the applicant has ever used, or been known by, a name other than the applicant's
true name and, if so, what was such name(s) or aliases, and the information concerning
dates and places where used.
C. The name of the business if it is to be conducted under a designation other than the full
individual name of the applicant. If it is a different designation, a copy of the
certification, as required by Minnesota Statutes Chapter 333, certified by the Secretary of
State, shall be attached to the application.
D. Whether the applicant is married or single. If married, true name, place and date of birth,
and home address of applicant's present spouse.
E. Whether applicant and present spouse are registered voters and, if so, where.
F. Home addresses at which applicant and present spouse have lived during the preceding
ten (10) years.
Ordinance No. ____ Page 10
G. Kind, name and location of every business, or occupation, applicant or present spouse
have been engaged in during the preceding ten (10) years.
H. Names and addresses of applicant's and spouse's employers and partners, if any, for the
preceding ten (10) years.
I. Whether applicant or spouse, or a parent, brother, sister, or child of either of them has
ever been convicted of any felony, crime or violation of any ordinance, other than traffic.
If so, the applicant shall furnish information as to the time, place and offense for which
convictions were had and to whom.
J. Whether applicant or spouse, or a parent, brother, sister, or child of either of them is or
has ever been engaged as an employee or in owning and operating a hotel, restaurant,
cafe, tavern or other business of a similar nature. If so, applicant shall furnish information
as to the date, place and length of time.
K. Whether applicant has ever been in military service. Applicant shall specify the date and
type of discharge.
4. Partnership Information:
A.The names and home addresses of all partners.
B.All information concerning each partner as is required of a single applicant in Section
610.04.3 above.
C.A managing partner, or partners, shall be designated.
D.The interest of each partner in the business shall be disclosed.
E.A true copy of the partnership agreement shall be submitted with the application.
F.If the partnership is required to file a certificate as to a trade name under the provisions of
Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Secretary of
State shall be attached to the application.
5. Corporation or Other Organization Information:
A.Name of corporation and trade name.
B.If incorporated, date and state of incorporation.
C.A true copy of:
(1)the Corporation's Certificate of Incorporation;
(2)Articles of Incorporation or Association Agreement;
(3)By-laws; and
Ordinance No. ____ Page 11
(4)If a foreign corporation, a Certificate of Authority as described in Minnesota Statutes
Chapter 303.
D.The name of the manager or proprietor or other agent in charge of the premises to be
licensed along with all of the information about said individual as is required of a single
applicant in Section 610.04.3 above.
E.Notwithstanding the definition of interest as given in Section 610.04, the application shall
contain a list of all persons who, singly or together with their spouse, or a parent, brother,
sister or child or either of them, own or control an interest in said corporation or
association in excess of 5% or who are officers of said corporation or association,
together with their addresses and all information as is required of a single applicant in
Section 610.04.3 above.
7. The street address where the sale of malt liquor or intoxicating liquors is to be conducted and
a floor plan of the room where liquor is to be sold or consumed showing the seating area and the
number of persons intended to be seated in the room.
8. A copy of the state and federal permits showing in what name the permit was issued and the
nature of the permit.
9. The amount of the investment that the applicant has in the business, building, premises,
fixtures, furniture, stock in trade, etc., and proof of the source of such money.
10. The names and addresses of all persons, other than the applicant, who have any financial
interest in:
(a)the business; the buildings; premises; fixtures; and furniture;
(b)stock in trade and the nature of such interest;
(c)the amount of financial interest thereof; and
(d)the terms for payment or other reimbursement.
This shall include, but not be limited to, any lessees, lessors, mortgagees, lenders, lienholders,
trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or
extended security for any indebtedness of the applicant.
11. The names, residences and business addresses of three (3) persons of good moral character,
not related to the applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character or, in the case where information is required of a
manager, the manager's character.
12. Documentation showing all real estate, special assessments, utility payments, and personal
property taxes for the premises to be licensed which are due and payable have been paid.
610.05. EXECUTION OF APPLICATION
1.If the application is from an individual, it shall be signed and sworn to by such individual.
Ordinance No. ____ Page 12
2.If the applicant is from a corporation, it shall be signed and sworn to by an officer of that
corporation.
3.If the application is from a partnership, the application shall be signed and sworn to by one of
the partners thereof. The application, license and insurance policy shall be made and issued in
the name of all partners.
4.If the application is from an unincorporated association, the application shall be signed and
sworn to by the manager or managing officer thereof.
610.06. MANAGERIAL LICENSE
1. No person shall work as a manager of a premises licensed under this Chapter, and no licensee
shall permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply for a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked.
2. An application for such license shall be filed with the City Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the following
information:
A. The names and addresses of two (2) residents who have known the applicant for a period
of two (2) years and who will vouch for the sobriety, honesty, and general good character
of the applicant.
B. A concise history of the applicant's previous employment.
A.The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
3. The annual license fee and expiration date shall be provided in Chapter 11 of this Code.
Application for renewal of an existing license shall be made at least 15 days prior to the date of
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts
set forth in the application and make a written report thereon at the earliest practicable time. If
the Police Department recommends that such person be licensed, the City Clerk shall issue the
license forthwith. If the Police Department makes a recommendation that the license not be
issued, the applicant, upon request, shall be entitled to a hearing before the City Council and may
offer evidence to prove the license should be issued.
5. No persons shall be issued a license if it appears that they had committed an act which is a
willful violation of Minnesota Statutes Chapter 340A.
Ordinance No. ____ Page 13
6. Any license issued hereunder may be revoked for any violation of this Chapter or of
Minnesota Statutes Chapter 340A or for conviction of any crime or misdemeanor involving
moral turpitude.
610.07. GRANTING OF LICENSES
1. Initial Licenses
A.Upon receipt of a completed application and fee, the city clerk shall forward the
application to the public safety director, or designee, for verification and investigation of
the facts set forth in the application. The public safety director or designee shall
complete such investigation and make a written recommendation and report to the city
clerk. The report shall include a list of all violations of any federal, state or municipal
law.
B.After receipt of the written report, the city clerk shall forward the application to the fire
department and building inspections department for their review and comment.
C.Within twenty (20) days after the receipt of the public safety director’s written report, the
city clerk shall cause to be published a Notice of Public Hearing regarding the license
application in the official newspaper at least ten (10) days in advance of the public
hearing. The Notice shall include the date, time and place of the public hearing, the name
of the applicant, the address of the premises to be licensed, and the nature of the business.
The city clerk shall prepare a written report to the city council for the public hearing
which shall include the director's report and any comments the fire and building
inspections departments may have.
D.At the time of the public hearing, opportunity shall be given to any person to be heard for
or against the granting of the license. If additional information is required, the city
council may continue the public hearing as it may deem advisable, within a reasonable
amount of time. The city council may thereafter grant or deny the application in its
discretion.
E.The city clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit the required documentation to the Commissioner. The city clerk shall
also submit to the Commissioner any change of address, cancellation or revocation of any
license by the City Council during the license period.
F.Each license is issued to the applicant at the premises described in the application. No
license may be transferred to another person, partnership, or corporation, or to any other
location.
G.Where a license is granted to a premise where the building is under construction or
otherwise not ready for occupancy, the city clerk shall not issue the license until a
Certificate of Occupancy has been issued. The building inspection department shall
Ordinance No. ____ Page 14
notify the city clerk that the Certificate of Occupancy has been issued and the building is
ready for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing malt liquor or intoxicating liquor license shall
be made at least 60 days prior to the date of the expiration of the license and shall be
made in an abbreviated form. If, in the judgment of the city council, good and sufficient
cause is shown by an applicant for their failure to file for a renewal within the time
provided, the city council may, if the other provisions of this Chapter are complied with,
grant the application. A review shall be made of all facts set out in the application. The
city council shall grant or refuse the application at its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not
more than thirty (30) days before the city council acts upon their license renewal. This
notice shall be in a form as designated by the city clerk and shall specify the date and
time when the renewal application will be considered by the city council. The license
holder shall be permitted an opportunity to address the city council on its license renewal
application.
610.08. LICENSE FEES.
1.Fees. The annual license fees and initial investigation fee shall be as provided in Chapter 11
of this Code.
2.Payment Required. All fees shall be paid in full at the time of the application. Upon denial or
rejection of any application for a license, the license fee shall be refunded in full for the amount
paid, with the exception of the investigative fee.
3.Expiration; Pro Rata Fees. Every license shall expire on the last day of April of each year.
Each license shall be issued for a period of one (1) year, except that if a portion of the license
year has elapsed when the license is granted, the license shall be issued for the remainder of the
year at a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted
as one (1) month.
4.When the license is for premises where the building is not ready for occupancy, the time
fixed for computation of the license fee for the initial license period shall be ninety (90) days
after approval of the license by the City Council or upon the date the building is ready for
occupancy, whichever is sooner.
5.No transfer of a license shall be permitted from place to place or person to person.
6.At any time that an additional investigation is required because of a change in ownership or
control of a corporation or because of an enlargement, alteration, or extension of premises
previously licensed, the licensee shall pay an additional investigating fee as provided for in
Chapter 11 of the City Code.
Ordinance No. ____ Page 15
7.Where a new application is filed as a result of incorporation by an existing licensee and the
ownership control and interest in the license are unchanged, no additional license fee will be
required.
610.09. LIABILITY INSURANCE
1. Every person licensed to sell malt liquor or intoxicating liquor at off- or on-sale shall
demonstrate proof of financial responsibility with regard to liability imposed by Minnesota
Statutes Chapter 340A, to the city clerk as a condition of the issuance or renewal of the license.
Proof of financial responsibility may be given by filing:
A. A certificate of insurance that there is in effect an insurance policy or pool providing the
following minimum coverage:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or
more persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above,
or
C. A certificate of the State Treasurer that the licensee has deposited with the State
Treasurer $100,000 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.
2. A liability insurance policy shall provide that it may not be canceled for any cause, either by
the insured or the insurance company without first giving ten (10) days notice to the City of
Fridley in writing of the intention to cancel it, addressed to the City Clerk of the City of Fridley.
3. A liability insurance policy shall provide that the insurance company agrees to contact the
City of Fridley in writing and addressed to the City Clerk of the City of Fridley, within ten (10)
days of any claim made against the policy.
4. A liability insurance policy that contains annual aggregate limits of liability shall require the
insured to buy additional coverage after any claim is made that reduces the coverage under the
policy below the requirements.
5. The operation of a retail malt liquor or intoxicating liquor business at on- or off-sale, without
having on file at all times with the City of Fridley the liability insurance policy or other evidence
of financial responsibility shall be grounds for immediate revocation of the license. Notice of
Ordinance No. ____ Page 16
cancellation of a current liquor liability policy serves as notice to the licensee of the impending
revocation and unless evidence of compliance with the financial responsibility is presented to the
city clerk before the termination is effective, the license will be revoked instantly upon the lapse.
6. The city clerk shall submit the provided proof of financial responsibility to the
Commissioner.
610.10. BONDS
1. Each application for an off- or on-sale malt liquor or intoxicating liquor license shall be
accompanied by a surety bond in the amount of $3,000.00 running in favor of the City of Fridley,
or in lieu thereof, cash or United State Government bonds of equivalent market value, as
provided in Minnesota Statutes, Section 340.12. The bond shall be in effect for the period
covered by the license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other
charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for off-“ or on-sale” licenses shall be filed with the city clerk.
4. All bonds shall be for the benefit of the City, as obligees, and all persons suffering damages
by reason of the violation of the conditions of 610.06.2. Upon forfeiture of the bond for violation
of the law, the District Court of Anoka County may forfeit the bond's penal sum or any part
thereof to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license.
610.11. PERSONS INELIGIBLE
No license shall be granted or held by any person:
1. Under twenty-one (21) years of age.
2. Who is not of good moral character and repute. If the applicant has been an owner, manager
or employee of a hotel, restaurant, cafe, tavern or other business of a similar nature, the city
council may consider the applicant's past performance record in determining whether a license
shall be granted or renewed.
Ordinance No. ____ Page 17
3. Has had a licensed issued under this section revoked within five years of the date of the
license application, or to any person who at the time of the violation owns any interest, whether
as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership,
association, enterprise, business, or firm in which any such person is in any manner interested;
and
4. Has been convicted within five years of the date of license application of a felony, or of a
willful violation of a federal or state law, or local ordinance governing the manufacture, sale,
distribution, or possession for sale or distribution of alcoholic beverages. The Commissioner
may require that fingerprints be taken and may forward the fingerprints to the Federal Bureau of
Investigation for purposes of a criminal history check as defined in Minnesota Statutes
340A.301.
5. To the spouse of a person ineligible for a license pursuant to the provisions of this section of
the Code or who, in the judgment of the city council, is not the real party in interest or beneficial
owner of the business operated, or to be operated, under the license.
6. Who is directly or indirectly interested in any other establishment in the City of Fridley to
which an on-sale license has been issued under Chapter 602 or 603 of this Code, with the
exception for a brew pub off-sale malt liquor license.
The term "interest" as used in this Section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but does not include bona fide
loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course or business of selling or
leasing merchandise, fixtures or supplies to such establishment; or an interest of ten per cent
(10%) or less in any corporation holding a license. A person who receives monies from time to
time directly or indirectly from a licensee, in the absence of a bona fide consideration therefore
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
Section shall be considered.
610.12. PLACES INELIGIBLE
1. No license shall be granted or renewed for operation on any premises on which financial
claims of the State, County or City are due, delinquent or unpaid.
2. No license shall be issued for the premises owned by a person to whom a license may not be
granted under this Chapter.
3. No license shall be issued for the premises if it does not meet the required zoning conditions.
Ordinance No. ____ Page 18
610.13 CONDITIONS OF LICENSE
Every license shall be granted subject to the condition of all sections of this Chapter and of any
other applicable provision of this Code, State or federal law, including the following:
1. The license shall be posted in a conspicuous place in the licensed establishment at all times.
2. Licensees shall be responsible for the conduct of their place of business and the conditions of
sobriety and order in the place of business and on the premises.
3. No license shall be effective beyond the space named in the license for which it was granted
4. No malt liquor or intoxicating liquor shall be sold or furnished or delivered to any intoxicated
person, to any habitual drunkard, to a person under twenty-one (21) years of age, or to any
person to whom sale is prohibited by State law.
5. Licensees shall not knowingly permit the licensed premises or any room in those premises or
any adjoining building directly or indirectly under their control to be used as a resort for
prostitutes.
6. Any police officer, or any properly designated officer or employee of the City shall have the
right to enter, inspect and search the premises of the licensee during the business hours without a
warrant.
7. No licensee shall sell, offer for sale, or keep for sale, malt liquor or intoxicating liquor in any
original package which has been refilled or partially refilled, except as allowed by Minnesota
Statutes Section 340A.285. No licensee shall directly or through any other person delete or in
any manner tamper with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the premises by the licensee of
liquor in the original package differing in composition or alcoholic content in the liquor when
produced and packaged by the manufacturer, shall be prima facie evidence that the contents of
the original package have been diluted, changed or tampered with.
8. The business records of the licensee, including federal and state tax returns, shall be available
for inspection by the city manager, or other duly authorized representative of the City or the city
council, at all reasonable times.
9. Changes in the corporate or association officers, corporate charter, articles of incorporation,
by-laws, or partnership agreement, as the case may be, shall be submitted to the city clerk within
thirty (30) days after such changes are made. Notwithstanding the definition of interest as given
in Section 610.__, in the case of a corporation, the licensee shall notify the city clerk when a
person not listed in the application acquires an interest which, together with that of spouse,
parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is
required of a person pursuant to the provisions of Section 610.11.6.
Ordinance No. ____ Page 19
10. At the time licensees submit their applications for renewal of a license, they shall list all
direct or indirect contributions made to or on behalf of a candidate for Fridley City
Councilperson or Mayor, including, but not limited to, candidates, committees, volunteer
committees, etc., for all City elections within the last 365 days.
11. No licensee shall permit any person under the age of 18 to enter the licensed establishment
except for the purpose of performing work duties other than the serving or selling malt liquor or
intoxicating liquor, unless accompanied by a parent or guardian.
12. No licensee shall permit in any licensed establishment, or any adjoining property owned or
leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet, or body.
Team sports in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among
activities prohibited by this section.
13. No licensee shall use or permit to be used any playing cards on the licensed premise except
that playing cards may be used during a tournament of a social skill card game as defined by
Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained in
Section 603.10.23 of the city code.
610.14 PATIO ENDORSEMENT
1. Statement of Policy
The sale of malt liquor or intoxicating liquor will be limited to the sale and consumption inside
of a structure on the licensed premises, unless the licensee applies for and receives approval from
the city council for a Patio Endorsement to allow the sale and consumption outside of a structure
on the licensed premises.
2. Regulations
A.An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air
as defined by state law.
B.The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise building/structure. The contiguous area will not be part
of a public street, sidewalk or other public grounds.
C.If part of the parking lot is used to install an outdoor patio, the patio must share one
common wall with the licensed premise. In addition, the licensed premise must continue
to meet the parking requirements set by city code and the outdoor patio shall not affect
the circulation of traffic.
Ordinance No. ____ Page 20
D.Access to the patio shall be directly from the licensed premise with no direct access other
than an emergency exit (exit only) equipped with an alarm, from any area other than by
passing through the normal interior public areas of the licensed premise.
E.The patio shall be clearly delineated by a permanent installed fence, or other structure or
barrier, at least 42” high to prevent the ingress or egress of persons to and from the patio.
The fence shall be designed and constructed in a manner that discourages or deters the
passing of any regulated, controlled or prohibited items outside from one side of the
fence to the other side of the fence.
F.Panic and fire exit hardware shall be installed on the fence or barrier and comply with the
Minnesota Building Code.
G.Patios in direct contact with, or immediately adjacent to a parking area for motor
,
vehicles, shall have sufficient barriers installedasdefined by the Minnesota State
Building Code, to reduce the likelihood of incursion of vehicles into the patio space.
H.The licensee shall pay the Metropolitan Council S.A.C. unit(s) for outside seating.
I.The patio shall be placed in an area to meet the state and federal accessibility
requirements.
J.There shall be no live entertainment. Music, sound, or noisein the patio enclosure shall
comply with the provisions of Chapter 124 of the Fridley City Code at all times.
K.The sale and consumption of malt liquor or intoxicating liquor within the patio is limited
.
to the normal business hours No licensee, nor the employee, nor agent of any license
will serve, dispense, possess, display, or in any manner furnish malt liquor or intoxicating
liquor at any other time.
L.All other conduct pertaining to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. Application for Patio Endorsement
Any establishment to which an on-sale brewer taproom or microdistillery cocktail room has been
issued may submit an application for a patio endorsement. The application shall contain a
description of the outdoor area that is proposed to be licensed and will be accompanied by a
drawing of the proposed area to be licensed. The application will also include a detailed
description of the barriers that will be used, the method of seating, ingress and egress
arrangements, security provisions, sanitary and fire arrangements and lighting. The drawings
must include the dimensions of the area, barriers, tables, aisles and equipment, and must be
drawn proportionately to scale.
This application must be submitted to the city clerk who will forward for review and comment to
the police department, fire department, and community development department before
Ordinance No. ____ Page 21
submission to the city council. The City staff will review the suitability of the proposed licensed
area in light of the applicable fire, building and life safety codes, zoning codes, past performance
of the licensee in maintaining order and obeying applicable laws in the licensed patio and in the
principal licensed premises, the adequacy of the proposal to provide for the safety of persons on
the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of
noise level, suitability of ingress and egress arrangements including control of persons entering
and leaving for purposes of preventing consumption by minors and safety of seating
arrangements.
If the patio endorsement is approved by the city council, the licensee shall obtain the appropriate
building permits.
4.Violations
A.It shall be a violation of this code, by the license holder and/or any employees or
agents of the license holder, to permit, allow or fail to prevent persons from directly
accessing the patio by means other than through the building on the premises.
B.It shall be a violation of this code by the license holder and/or any employees or
agents of the license holder, or to allow any other person, to provide, furnish or give
any liquor, tobacco products, weapons, or any other regulated controlled or prohibited
items (for example, drugs, dice, cards, etc.) from one side of the fence or barrier to
the other.
C.Any violation of the provisions of this Code or of the state law regulating the sale of
liquor which occur in the patio area will be considered as a violation of the principal
on-sale license for the premises.
610.15. ADMINISTRATIVE OFFENSES
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to
this chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The
procedures are intended to be voluntary on the part of those who have been charged with
administrative offenses.
2. Every licensee shall be responsible for the conduct of its employees while on the licensed
premises and any sale or other disposition of any malt liquor or intoxicating liquor by an
employee to any person under twenty-one (21) years of age shall be considered an act of the
licensee for purposes of imposing an administrative penalty, license suspension, or revocation.
A.Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which
event the City may bring criminal charges in accordance with law. Likewise, the City, at
its discretion, may bring criminal charges in the first instance. In the event a party
participates in the administrative offense procedures but does not pay the monetary
Ordinance No. ____ Page 22
penalty which may be imposed, the City will seek to collect the costs of the
administrative offense procedures as part of a subsequent criminal sentence in the event
the party is charged and is adjudicated guilty of the criminal violation.
B.Licensee. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the licensee may withdraw from participation in the procedures in which
event the City may permanently revoke the license issued to the licensee under this
Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the
license issued to the licensee under this Chapter in the first instance. In the event a
licensee participates in the administrative offense procedures but does not pay the
monetary penalty which may be imposed, the City will suspend the license issued to the
licensee under this Chapter in accordance with section 603.27.9 of this ordinance.
3. Notice. Any officer of the Fridley police department shall, upon determining there has been
a violation, notify the violator of the violation. Said notice shall set forth the nature, date and
time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of the
time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in
writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
public safety director within twenty (20) days of the offense. The public safety director shall
notify the Hearing Examiner, who will notify the person contesting and the licensee of the date,
time, and place of hearing. The hearing shall be conducted no more than twenty (20) days after
the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by
the Hearing Examiner, the licensee, the person contesting and the City. Within ten (10) days
after such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge against the
licensee or the person contesting. Any person aggrieved by the decision of the Hearing
Examiner may appeal to the public safety director within twenty (20) days of receiving notice of
the Hearing Examiner’s decision. At its next available regular meeting following the filing of a
notice of appeal, the Council shall review the decision and findings of fact of the Hearing
Examiner and shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of Hearing Examiner is hereby created. The city manager
may, at his discretion and with the approval of the city council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall
not be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
Ordinance No. ____ Page 23
8. Duties: The Hearing Examiner shall have the following duties:
A.Set dates and hear all contested cases.
B.Take testimony from all interested parties.
C.Make a complete record of all proceedings including findings of fact and conclusions of
law.
D.Affirm, repeal or modify the penalty accessed.
9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the
city council will suspend the license issued to the licensee under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the
City’s treasurer and will be deposited in the City’s general fund.
610.16. VIOLATIONS
1.Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who
sells any malt liquor or intoxicating liquor to a person under the age of twenty-one (21) years
is subject to an administrative penalty; and any person under the age of twenty-one (21) years
who attempts to purchase any malt liquor or intoxicating liquor from a licensee is subject to
an administrative penalty. The administrative penalties are as follows:
First violation
A.. The penalty for the first violation is $250.00.
Second violation within 12 months
B.. The penalty for the second violation is $500.00.
Third violation within 12 months
C.. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found
to have sold any malt liquor or intoxicating liquor to a person under the age of twenty-one (21)
years, the licensee shall be subject to an administrative penalty as follows:
First violation
A.. The penalty for the first violation is $500.00 If the fine is not paid
within 20 days the City may suspend the license issued to the licensee under this Chapter
for a period not to exceed 10 days
Second violation within 12 months
B.. The penalty for the second violation is $1000.00.
If the fine is not paid within 20 days the City may suspend the license issued to the
licensee under this Chapter for a period not to exceed 30 days.
Third violation within 12 months
C.. The city may permanently revoke the license issued
to the licensee under this Chapter.
Ordinance No. ____ Page 24
3. Defense. It is a defense to the charge of selling malt liquor or intoxicating liquor to a person
under the age of twenty-one (21) years, that the licensee or individual, in making the sale,
reasonably and in good faith relied upon representation of proof of age described in Minnesota
Statute Section 340A.503. Subdivision 6(a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist in
the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley police department. A person
who purchases or attempts to purchase malt liquor or intoxicating liquor while in this capacity is
exempt from the penalties imposed by Section 610.16.1 above.
5. Revocation. The City Council has the authority to revoke any license as noted in City Code
.
Section 11.08
610.17. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
Ordinance No. ____ Page 25
SECTION 2
: That Chapter 11 of the Fridley City Code be hereby amended as follows:
CHAPTER 11. GENERAL PROVISIONS AND FEES
11.11. FEES
License and permit fees shall be as follows;
CODE SUBJECT FEE
603 Brew Pub On-Sale License $600
610 Liquor Manufacturers
Brewery On-Sale Malt Liquor Taproom License $600
Small Brewer Off-Sale Malt Liquor License $300
Brew Pub Off-Sale License $300
Microdistiller On-Sale Cocktail Room License $600
Microdistiller Off-Sale Intoxicating Liquor License $300
Investigative Fee
$200
Individual
$400
Partnership/Corporation
$100
Alteration of Business
$25
Change of Officers
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
13 DAY OF JUNE 2016.
____________________________________
SCOTT J. LUND, MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading: May 23, 2016
Second Reading: June 13, 2016
Publication Date:
Attachment 2
ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE
ENTITLED INTOXICATING LIQUOR TO ALLOW FOR BREW PUBS AND AMEND
THE HOURS OF OPERATION; CHAPTER 602 SECTION 602.09, AND CHAPTER 606,
SECTION 606.11 AMENDING THE HOURS OF OPERATION
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Fridley City Code related to the on-sale of intoxicating liquor to allow for brew pubs be
hereby created, amended and ordained as follows:
FRIDLEY CITY CODE
CHAPTER 603. INTOXICATING LIQUOR
SECTION 1: THAT SECTION 603.01. DEFINITIONS, BE HEREBY AMENDED BY
CREATING LANGUAGE DEFINING A BREW PUB AND RENUMBERING THE
REMAINDER OF THIS SECTION AS FOLLOWS:
(2) Brew Pub
A brew pub is a restaurant attached to a brewery which manufactures fewer than 3,500 barrels of
malt liquor annually. The entire brewing production is solely for the sale and consumption of
malt liquor on tap on the licensed premises or for off-sale from the licensed premises as
permitted by Minnesota Statutes Section 340A.24, subd 2 and City Code Chapter 610.
SECTION 2: THAT SECTION 603.02. LICENSE REQUIRED, BE AMENDED AS
FOLLOWS:
No person, except wholesalers or manufacturers to the extent authorized under State License,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first
having received a license to do so as provided in this Chapter. No person shall sell any
intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required
by Minnesota State Statues. No person shall sell any intoxicating liquor after 1:00 a.m. without
obtaining a special Late Night License Endorsement for an existing liquor license as provided in
this Chapter.
On-Sale intoxicating liquor licenses shall only be granted to bowling centers, brew pubs, hotels
and restaurants, as defined in Section 603.01, where food is prepared and served for consumption
on the premises.
SECTION 3: THAT SECTION 603.08. PERSONS INELIGIBLE , BE AMENDED AS
FOLLOWS:
5. Who is a manufacturer or wholesaler of intoxicating liquor with the exception of a brew pub.
No manufacturer or wholesaler shall either directly or indirectly own or control or have any
financial interest in any retail business selling intoxicating liquor.
Ordinance No. ____ Page 2
SECTION 4: THAT SECTION 603.09. PLACES INELIGIBLE BE AMENDED AS
FOLLOWS:
4. No "on-sale" license shall be granted for a brew pub, restaurant and/or hotel that does not
have a minimum total building area of 5,000 square feet, with a minimum kitchen and dining
area of 2,000 square feet and with a minimum seating capacity that is open to the general public
of 130.
SECTION 5: THAT SECTION 603.10. CONDITIONS OF LICENSE, BE AMENDED AS
FOLLOWS:
3. No "on-sale" licensee shall sell intoxicating liquor "off-sale" with the exception of a brew
pub.
13. No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp
or a Federal Gambling stamp, with the exception of a brew pub.
18. A brew pub and restaurant shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the serving of foods and intoxicating liquors, a minimum
of 40% of the business for a license year is from the serving of food prepared on site and not
from vending machines. A hotel shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the serving of foods and intoxicating liquors a minimum
of 40% of the business for a license year is from the serving of food prepared on site and not
from vending machines. A bowling center/restaurant shall be conducted in such a manner that,
of that part of the total business attributable to or derived from the sale of food and intoxicating
liquors, a minimum of 30% of the gross sales of the food and liquor is from the serving of food
prepared on site and not from vending machines.
20. No licensee shall hold events which are exclusively for persons under the age of 21 except
social functions that are held in a portion of the establishment where liquor is not sold. Social
functions that are held in a portion of the brew pub or restaurant where liquor is not sold shall be
limited to persons age 18 and older.
SECTION 6: THAT SECTION 603.11. HOURS OF OPERATION BE AMENDED AS
FOLLOWS:
603.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises may be made
between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00
a.m. and 10:00 a.m. on Sunday. No sale may between the hours of 8:00 p.m. December 24th and
Ord 1271)
8:00 a.m. on December 26th without a Holiday Endorsement. (Ref
Ordinance No. ____ Page 3
SECTION 7: THAT SECTION 603.26. PATIO ENDORSEMENT BE AMENDED AS
FOLLOWS:
3. Application
Any brew pub or restaurant to which an on-sale intoxicating or wine license has been issued may
submit an application for a patio endorsement. The application shall contain a description of the
outdoor area that is proposed to be licensed and will be accompanied by a drawing of the
proposed area to be licensed. The application will also include a detailed description of the
barriers that will be used, the method of seating, ingress and egress arrangements, security
provisions, sanitary and fire arrangements and lighting. The drawings must include the
dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately
to scale.
SECTION 8: THAT CHAPTER 602 OF THE FRIDLEY CITY CODE BE HEREBY
AMENDED AS FOLLOWS:
CHAPTER 602. 3.2% MALT LIQUOR
602.09. HOURS
1. Closing Hours.
No sale of 3.2% malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. No sale may be
made between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th without
Holiday Endorsement. (Ref Ord 1271)
SECTION 9: THAT CHAPTER 606 OF THE FRIDLEY CITY CODE BE HEREBY
AMENDED AS FOLLOWS:
CHAPTER 606. INTOXICATING LIQUORS - ON-SALE CLUBS
606.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises may be made
between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00
a.m. and 10:00 a.m. on Sunday. No sale may be between the hours of 8:00 p.m. December 24th
and 8:00 a.m. December 26th without a Holiday Endorsement. (Ref. 935, 984, 1271)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
RD
23 DAY OF JUNE 2016.
____________________________
Scott J. Lund, Mayor
ATTEST:
___________________________________
Debra A. Skogen, City Clerk
First Reading: May 23, 2016
Second Reading: June 13, 2016
Publication Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 13, 2016
To: Wally Wysopal, City Manager
From: Shelly Peterson, Finance Director
Date: June 9, 2016
Re: Receive the 2015 Comprehensive Annual Financial Report and Audit Review
Each year the City of Fridley engages an independent audit firm to review its financial condition.
Finance staff and Redpath and Company audit staff undertook an extensive audit process.
Preliminary work for the 2015 audit began in December and continued through May. The audit
results, Comprehensive Annual Financial Report (CAFR) and accompanying data will be
presented and discussed at the June 13, 2016 meeting by David Mol, Partner with Redpath and
Company. The audit concludes positively for the City with an unqualified decision.
Opportunities for questions will be provided at the meeting.
Staff recommends that the Council make a motion to receive the 2015 Comprehensive Annual
Financial Report (CAFR) as presented.
Minnesota
Review
2016
Fridley,
Audit
13,
1
June
2015
of
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dmol@redpathcpas.com
651.407.5803
CPA
Mol,
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Summary
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10
Budget
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201020112012201320142015
11
Balance
Fund
General
of
$9,000,000$8,000,000$7,000,000$6,000,000$5,000,000$4,000,000$3,000,000$2,000,000$1,000,000$0
History
15Jul-15Aug-15Sep-15Oct-15Nov-15Dec-15
Dec-14Jan-15Feb-15Mar-15Apr-15May-15Jun-
Balances
Decrease of
$4,653,236
12
Cash
Monthly
Fund
$9,000,000$8,000,000$7,000,000$6,000,000$5,000,000$4,000,000$3,000,000$2,000,000$1,000,000$0
General
Expenses
Revenue
Depreciation
OperatingOperating
Expense
$3,400,000$3,200,000$3,000,000$2,800,000$2,600,000$2,400,000$2,200,000$2,000,000$1,800,000$1,600,000$1,400,000$1,200,000$1,000,000
$800,000$600,000$400,000$200,000
$0
2012201320142015
13
2008200920102011
Utility
$800,000$600,000$400,000$200,000
$3,400,000$3,200,000$3,000,000$2,800,000$2,600,000$2,400,000$2,200,000$2,000,000$1,800,000$1,600,000$1,400,000$1,200,000$1,000,000$0
Water
Revenue
Operating
Expense
Depreciation
Operating
Expenses
Expense
Other
MCES
$5,000,000$4,500,000$4,000,000$3,500,000$3,000,000$2,500,000$2,000,000$1,500,000$1,000,000
$500,000
$0
2012201320142015
14
2008200920102011
Utility
$500,000
$5,000,000$4,500,000$4,000,000$3,500,000$3,000,000$2,500,000$2,000,000$1,500,000$1,000,000$0
Sewer
Operating Expenses
Cost of Sales
Sales
20112012201320142015
15
Operations
$6,000,000$5,500,000$5,000,000$4,500,000$4,000,000$3,500,000$3,000,000$2,500,000$2,000,000$1,500,000$1,000,000$0
$500,000
Liquor
$8,676,172$8,459,774$9,101,421$9,407,206$9,602,809$9,972,346$10,053,992$10,391,563$10,537,745
$549,861$703,613$698,141$781,511$780,730$948,435$942,996$947,162$1,262,366
$295,200$302,900$314,400$314,400$320,200$331,700$339,300$345,882$350,724
$0$0$0$0$0$0$175,000$50,000$50,000
200820092010201120122013201420152016
16
Equipment
$8,000,000$6,000,000$4,000,000$2,000,000
$14,000,000$12,000,000$10,000,000$0
Levy
Springbrook
Operating
Levy
Levy
Capital
Debt
Tax
City
30%
17
Bill
School
37%
Tax
Other
6%
Property
County
27%
of
Components
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2016
INFORMAL STATUS REPORTS