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CCM 01/07/2013 CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 7, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:35 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Darin Nelson, Interim City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darcy Erickson, City Attorney Deb Skogen, City Clerk Margo Prasek, Parks and Recreation OATH OF OFFICE: Mayor: Scott J. Lund Councilmember-at-Large: Robert L. Barnette PRESENTATION: 2013 WinterFest - Saturday, January 26, 1 p.m. - 4 p.m. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 3, 2012. APPROVED. City Council Meeting of December 10 2012. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 2 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 19, 2012. RECEIVED. 2. Resolution Designating an Official Newspaper for the Year 2013. Darin Nelson , Interim City Manager, stated the Fridley City Charter, Section 12.01, requires the designation of an official newspaper for the City. Representatives from the Anoka County Record have contacted the City Attorney requesting the City consider their newspaper to be the official newspaper of record for the City. At this point, staff is unable to verify that Anoka County Record is a qualified newspaper under State Statute. However, because the newspaper is located in Fridley, State Statute may require the City to designate the Anoka County Record as its official newspaper, if it is determined to meet the terms of a qualifying newspaper. Until staff can determine that the Anoka County Record is a qualified newspaper, staff recommends the s designation of the Fridley Sun Focusa the official legal newspaper, and the Minneapolis Star Tribune designated as the City's second official legal newspaper for 2013. ADOPTED RESOLUTION NO. 2013-01. 3. Resolution Designating an Official Depository for the Year 2013. Darin Nelson , Interim City Manager, stated staff recommends appointing Wells Fargo as the City's official depository for 2013. The service the City has received from Wells Fargo has been first-rate. In today's world of increasing demands for electronic banking, Wells Fargo provides a one-stop shop for the City's required banking needs. Wells Fargo also monitors the City's daily cash balances to ensure deposits are fully-collateralized. This assures the City's deposits are safe and not subject to loss if the bank were to fail. Staff recommends Council’s approval. ADOPTED RESOLUTION NO. 2013-02. 4. Resolution Increasing Load Limits on Public Street in the City of Fridley, Minnesota. Darin Nelson, Interim City Manager,stated staff recommends the establishment of load limits on the City's streets. Those limits begin on the date ordered by the Minnesota Commissioner of Transportation and will continue until May 13, 2013, or until such time as Anoka County lifts the load limits on the county’s roads. ADOPTED RESOLUTION NO. 2013-03. 5. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 3 Darin Nelson, Interim City Manager, stated in order to be eligible to use the City's MSAS (Municipal State Aid System) funds on its neighborhood streets, Minnesota Rules 8820.1800, require the City Council adopt a resolution. The resolution requests disbursements from the City's population portion of the MSAS construction funds for the local portion of the proposed Street Rehabilitation Project No. ST2013-01 and Street Improvement Project No. ST2011-22. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2013-04. 6. 2013 City Council and Staff Appointments. Mr. Nelson stated staff recommends Council’s approval. APPROVED. 7. Claims (157678 - 157925). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9. Estimates: Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2012 Miscellaneous Concrete Project No. 417 FINAL ESTIMATE ...................................$ 15,396.82 Midwest Asphalt Corp. 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. 2012-01 Estimate No. 6..............................................$ 19,285.00 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 4 APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked that an item entitled, "Resolution Appointing Board Representatives for the Mississippi Watershed Management Organization," be added as No. 16A. MOTION by Councilmember Barnette to approve the proposed consent agenda with the addition of Item No. 16A. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 16A. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Bruce Rhea , 7323 Baker Avenue NE, stated his neighbors, as well as people who work around the community, are concerned about the lighting at the bus stop area on 73rd and Old Central. There are some employees who work late at night at the SuperAmerica. It is pretty dark at the bus stop when they are using it. Mayor Lund stated they will look at it and report back to Mr. Rhea. He asked Mr. Rhea to provide his e-mail address and contact information to Mr. Kosluchar, who provided Mr. Rhea with his business card. PUBLIC HEARING: 10. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2013-01 (Continued December 10, 2012). MOTION by Councilmember Bolkcom to remove the item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE TABLE AT 7:50 P.M. James Kosluchar , Public Works Director, staff gave a presentation on item on December 10, 2012. Since that time, staff has received one comment via a letter from a resident who could not attend the hearing on December 10, 2012. He called that resident and left a message and advised FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 5 her of the continuation of the hearing, the date and time, and asked her to call him back to clarify any issues she might have. Councilmember Bolkcom asked Mr. Kosluchar to tell them why the hearing was continued until tonight. Mr. Kosluchar replied, apparently the City newsletter had a date published that was tonight's date for the public hearing. Although staff mailed a notice and published a notice in the official newsletter of the December 10 date, Council made a very good decision to continue the hearing because of the fact some persons may be looking at tonight to speak regarding this item. MOTION by Councilmember Barnette to receive the letter dated December 22, 2012, from Kathy Busch. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom referred to the letter from Ms. Busch. She asked Mr. Kosluchar whether it is fair to say the City is treating the street just like any other street. Mr. Kosluchar replied, the street rehabilitation programs in the City include special assessments to adjacent or benefiting property owners. Jackson Street was treated no different. The Jackson Street project corrected the drainage concerns through the sump pump discharge. Councilmember Bolkcom said she thought the residents are very happy with that. They were also asking to have the street done which they had to wait to do in order to make sure the sump pump water issues were taken care of. Mr. Kosluchar replied correct. Actually Jackson Street was not included in the program, but they were petitioned to do the street repair by property owners along that segment. Mayor Lund stated Ms. Busch said she felt the money should come out of the general fund. He asked how much of a percentage was paid outside of the assessment. Mr. Kosluchar replied he would say the average they have seen is that a little over half is paid by assessment, but it varies from project to project, and can depend on how much public property is included. Also, the commercial properties typically do pay a much higher rate of assessment than residential properties. 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 HEARING WAS CLOSED AT 7:58 P.M. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 6 11. Consideration of a Text Amendment, TA #12-03, by the City of Fridley, to Consider Updated Language Changes in the R-1, R-2, and S-1, Residential Zoning Code Sections of the Fridley City Code Regarding Allowable Home Businesses. 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 HEARING WAS OPENED AT 7:58 P.M. Scott Hickok, Community Development Director, stated this relates to home occupations, Chapter 205, with home business restrictions in Definition No. 36. The Code has effectively protected the residential character of neighborhoods but could be improved through this modification. For example, "owner" would be included in the Definition. Prior to now, "owner" is referred to in the ordinance but was not defined. Also, they added a reference to noise, odor, and heat impact. Again, that was referred to but not necessarily defined. Mr. Hickok stated clarifying that a garage cannot be used for a home business is also something where the City's ordinance said it has to all happen within the principal structure. This amendment adds emphasis to that fact. Mr. Hickok stated permitting one non-occupant employee is probably one of the key changes. As staff evaluated other codes throughout the metropolitan area, it appeared to be very consistent that was being allowed. For example, if you were doing a home insurance business and you had someone helping you with filing, etc., you could have one employee. Mr. Hickok stated a commercial or HVAC system would not be permitted. Repeat commercial parking regulations are emphasized here. It is not to look like a commercial entity. An added sign limitation is referenced here. A home occupation does not mean you can have commercial signage. Mr. Hickok stated it reduces the student count from six students to four students at once. The idea being that this coincides with what other communities have done and it does also limit the number of potential vehicles when students are driving. Mr. Hickok stated they made daycare requirements to match State law. The daycare requirements were in the home occupation, and staff made sure was consistent with State law. Mr. Hickok stated it would allow retail product sales. The City does allow hair styling in residential properties. This has been defined over the course of time as being one of those permitted uses but it also stated you cannot have retail sales. The intent of this ordinance was really not to permit that, instead it was to keep, again, the residential character and not to have a little boutique, for example, where cars are constantly coming and going and retail sales are happening. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 7 Mr. Hickok stated included is an allowance for mail order and internet business in order to keep up with the times. Mr. Hickok stated they did establish some garage sales solutions. They can have 3 that are no more than three days each, which allows no more than ten calendar days a year for garage sales. Mr. Hickok stated they clearly prohibited vehicle repair. Again, everything has to happen within the house and not change the character of the neighborhood. Mr. Hickok stated, also, regarding deliveries and truck traffic, when someone is doing an internet business and they constantly have the truck on the street, that also tends to change the character of the neighborhood. They will need to control the frequency of the truck traffic. Mr. Hickok stated the Code sections include single-family residential, two-family residential, and S-1 Hyde Park neighborhood. Resections of the Code are areas where home occupations would otherwise be allowed and no permit is required, as this is an accessory to the principal structure. There are no special processes someone would have to go through to work out of their home as long as they abide by these ordinances. Mr. Hickok stated staff only has about a dozen illegal home occupation cases a year, but those cases do consume a great deal of time. Because home businesses are someone's livelihood, people are not quick to want to stop working and do something different. Staff has tried to be very sensitive to that issue, but they think the upfront clarifications made to the ordinance will help to avoid having anyone get into that situation. Mr. Hickok stated people are generally honest and want to follow the rules. Code limitations that are clearly written in the applicable zone and viewed on-line will help people understand. Mr. Hickok stated the continued goal of the Code is to protect the residential character of the above-mentioned neighborhoods and support home businesses. Mr. Hickok stated staff has not received any comments or inquiries on this proposed text amendment. A public hearing was held at the Planning Commission meeting on December 19, and no one spoke at the meeting. The only item discussed was the restriction on the commercial kitchens and industrial HVAC systems. The City did have one commercial kitchen which was a bakery. The ordinance used to define cake decorating as one of the main home occupations but, modern standards for health and health inspections, require a commercial kitchen to do cake decorating. A commercial kitchen can really change the character of a neighborhood with the stacks that are required for venting, etc. Mr. Hickok stated the Planning Commission unanimously recommended approval. Staff recommends Council’s approval. Councilmember Bolkcom said it states parking needs shall not exceed two parking spaces, but then the number of students is limited because of parking needs. Why do they limit the students when (j) is stating two parking spots? If they just take up two parking spaces, why limit it to FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 8 four? Mr. Hickok replied, he knows from his own experience that parents overlap. A teacher may have as many as three or four students at once. Limiting the number of students is consistent with what staff saw in other communities. Staff believes it has something to do with overlap. Councilmember Bolkcom asked what if she is home schooling her own three kids and she has two other kids she homeschools? Mr. Hickok replied it is actually at one time. They would see that as two students coming. Mayor Lund stated you can have four students, but not at any one time. He could have six students there during the course of a day. Councilmember Bolkcom asked about a person who almost every Saturday has a golf sale. That is not helping that neighborhood out if there are 10 separate days they are allowed. Is there better wording they could have for that? Mr. Hickok replied, they determined long ago that sample sale of golf equipment was more of a home occupation issue than garage sale. They might have to further examine the example. He remembers when he visited it several years ago it was somebody bringing home equipment that was not selling at a shop, etc. Mayor Lund stated asked if the Code described garage sales vs. retail sales or sample sales. If not, he suggests tightening it up and making further restriction stating you can have no more than two garage sales a month and a cap of three days for each one. Councilmember Bolkcom asked about selling merchandise, such as, Avon samples or Pampered Chef products? Mr. Hickok replied, there is a reasonable test staff could put this to. A garage sale is meant to allow that event where they want to clean out some things. They want to be very distinctive about the difference between that and retail sales. Councilmember Saefke asked doesn't "(m)" prohibit retails sales already in the ordinance? Mr. Hickok replied staff would draw those distinctions. The intent of the ordinance is pretty clear. They are trying to have neighborhoods not be impacted by retail sales. The sign code was the only part that used to regulate garage sales. It would say three events, three times a year. If they clustered them like that again, it would help that situation, too, where someone is trying to stretch out their 10 days. Mayor Lund stated he liked the clustering better otherwise it could be 10 weeks, almost 2 and 1/2 months. He understands the need and they do not want to make it overly restrictive for people who are moving, etc. However, we do want to maintain the character of the neighborhood. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 9 Councilmember Bolkcom asked about subsection (4) and the three deliveries. How do you distinguish there are three deliveries or three pickups compared those for a resident’s own personal use. Mr. Hickok replied home occupations are something staff pays an enormous amount of time on. Again, there is a reasonableness test they put it to. They likely would not get complaints nor would they observe any problems if you are just getting FedEx a couple of times a week. However, rest assured staff would either notice it or become aware of it if FedEx was coming three times a day to a house. It does take away the residential character. It starts to feel like a business, and that is what they are trying to avoid. It is not easy to enforce. This is one of the most difficult in the Code to enforce. Mr. Hickok stated it is a privilege to have a business out of your home and, with the internet business, etc., growing as it is, they want people to be able to do that. With respect to their neighbors, they need to use control over their shipments. They need to schedule them so they are not getting shipments all the time. Councilmember Barnette stated over the years Fridley has had some difficulty with auto mechanics working out of their garage. He asked if that has pretty well been stopped. Mr. Hickok replied, not entirely. They still have some. Again, those are ones where they need to create a record and demonstrate through license plate analysis, etc., that there is an auto repair business going on. Councilmember Varichak asked how does staff monitor how many garage sales someone has. Do they have to fill out a permit to have a garage sale? Mr. Hickok replied in about 2003-2004 staff did an analysis of home occupations, and one of the things they talked about was registration. At that time the Council was very clear it was too intrusive into people's private business. They are not going to do that. The administrative cost of doing that would be very expensive and would consume a lot of their time. Instead what they do is put it out there as a mandate. Staff would talk to the people and make sure they understand it and make sure it is clear to them. MOTION by Councilmember Barnette 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 HEARING WAS CLOSED AT 8:28 P.M. 12. Consideration of a Text Amendment, TA #12-04, by the City of Fridley, to Consider Renumbering and Code Language Updates to Section 205.30 of the Zoning Code Sections of the Fridley City Code in Addition to a Map of the Existing Approved Locations for Telecommunications Facilities being Added to Appendix A. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 10 MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 8:28 P.M. Mr. Hickok stated in 1997 after the 1996 federal Telecommunications Act came into play, the City had a year-long moratorium and created a telecommunications ordinance. The City could be commended in that it did something unique. It went out and worked with an RF consultant to basically create a network for the industry, and the City had the public hearings and it chose the locations where the towers would go. The City's approach was they were going to work with an RF engineer and have it laid out so there is no argument. Mr. Hickok stated that worked very well. The City did provide an out for those folks to have a special use permit to allow telecommunications in an industrial district in the event that one of those other locations did not work. Those locations did not just limit it to industrial. In some cases it was parks, top of water towers and the Public Works facility. It was in neighborhoods so they could make sure coverage was adequate for the industry. What Council is seeing now is a refinement to that. The City created a telecommunications district overlay. Telecommunications equipment is in those locations that would be least intrusive hopefully to residential areas. This appears in Appendix A of Chapter 205.30, and the City lists 15 approved sites. There was a map on the last illustration. That map is part of this ordinance also by this amendment, and it does give the industry a map to go by when they have the ordinance in hand and can drive to those locations. Mr. Hickok stated one of the other things they have done is created a revised table. It will show the sites, description, address, PIN, and latitude and longitude. Mr. Hickok stated staff did use this as an opportunity to refine the language. They inserted the effective date of the original overlay which is important in researching pre-existing sites, and they clarified the abandonment of equipment and removal procedures in Chapter 128. They had that in the original ordinance and just added some clarification. Mr. Hickok stated they also clarified the need for a scalable site plan with the applications so it clarifies the intended flexibility and tower height. It allows a height of up to 125 feet but equipment can vary in height below that 125 feet. Every tower is intended to have at least a three station co-locate potential so that we have 15 locations out there and, with three possible co-locates, they can become a tenant to two other industries. They do have a reciprocity between the industries, so one provider will go on another provider's tower. They do not cross talk, they do not have a communication problem, but it limits the number of sticks basically that are in the air. Mr. Hickok stated they renumbered the sections to eliminate half section numbers in the Code. As staff refines other sections of the Code, they will try and take out those half section references. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 11 Mr. Hickok stated knowing the National State Code will change again, staff has added language to indicate that Fridley always will follow the new version of the Federal guidelines. They will update the signage limitations as the sign code changes, and they will not have to change this each time where they have worded it. Also, staff has clarified specific references to City, building, and state code references. Mr. Hickok stated the Planning Commission held a public hearing on this item on December 19. No one from the public appeared to testify. The Commission had a question on the AMR terminology. Council is familiar with that because the City has been putting in its own AMR's. Mr. Hickok stated the AMR language in the telecommunications ordinance was a bit newer than that 1997 overlay, and that was a technology that came around later. The intent was not to have a fee and a permit with each AMR that goes on a house. That is actually the meter, and staff has defined in this ordinance "meter" vs. the AMR. The AMR is actually the meter reading device. In the City's case if it has five pedestal readers, it would have five permits and those would be at a $25 fee. Mr. Hickok stated with that clarification, the Planning Commission voted unanimously to approve TA #12-04. Staff has received no comments by phone or in writing to date. Since the Planning Commission they have had some other discussion on further clarification of the AMR device and received suggestions from James Kosluchar and Darin Nelson. They have also worked on the non-conforming language. They know how important that is. The statutes now talk about non-conformities, and between now and the first reading of the ordinance, they may have further refinement in that non-conforming language. Right now they have one non- conforming telecommunication tower. It is the St. Paul Waterworks search tower and it has a bit of equipment on the top. With that search tower with scaling equipment and other stuff they may need, it would be difficult for them to expand it if they are a non-conformity. Frankly, knowing where that one non-conformity is they can probably control what goes on at that site. Staff thinks there might need to be some refinement yet to the non-conforming language. Councilmember Saefke stated these towers are actually revenue producing for the City. They are mandated under the federal guidelines to have these sites in the City, but the benefit to the City on this is that it is able to collect a certain amount of rent from these telecommunication providers especially on the locations that are on the City sites, such as the water towers, etc. Councilmember Bolkcom asked for an example of an AMR where it states excluding devices reading and transferring data from a single utility meter. Mr. Hickok referred her back to the diagram. It is kind of a network where the homes transmit to a central location, and that location transmits one point further. In our case. it was going to be five head mounts and for the homes, single transmitters would be transmitters. This added language, excluding devices reading and transmitting data from a single utility meter was the further definition staff thought they needed so everyone would know you do not need a $25 permit for the one in your house, they are talking about the thing out in the field on a pole or a pedestal and be able to define where it is. The fee covers the administration and paperwork. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 12 Councilmember Bolkcom referred to "existing site" on Page 62 in the third paragraph from the bottom. She asked if staff could look at a better way to say that. Councilmember Bolkcom asked under telecommunications facilities on Page 63, Sections A and B, what those are? "Any satellite station antenna two meters in diameter or less which is located in an area zoned industrial or commercial." She asked why that was different to one measured at only one meter or less in diameter? Mr. Hickok replied this a definition taken right from the industry. They establish that, and it means a lot to an RF engineer. Councilmember Bolkcom referred to page 64, the last paragraph, "All automatic meter reading device(s) must be located no higher than the top of a public utility structure and no closer to grade than fifteen (15) feet" and then the "public utilities structure" was taken out. Why did staff do that? Mr. Hickok replied it was just reworded to make more sense. Councilmember Bolkcom referred to page 65, the top paragraph, relating to a pad mount. It states, "Its location shall be subject to review and approval of the City prior to permit application.” She asked what the criteria was. Mr. Hickok replied, to the industry of pad mount design, there are design standards they use, but to the common reader or a staff person who does not deal with this on a regular basis, they would not know. Councilmember Bolkcom stated as long as they are tightening it up. Councilmember Bolkcom referred to page 69, Section 205.30.111, “Illumination.” She asked for that to be explained. What does dual lighting mean? Mr. Hickok replied the whole idea was to have the technology be as unobtrusive as possible. However, they do not want it to be so unobtrusive a plane might hit it. FAA requirements need to be met with the light on the top when it meets a certain height requirement. Some flag poles are lit from the base on up, etc., but the City does not want that. Councilmember Bolkcom asked regarding page 70, Section 205.30.144, if there is an antenna on top of the City's water tower, do they have to get permission? They do not have any keys to get into any of these areas to work on their antennas, correct? James Kosluchar , Public Works Director, replied, their crews have to call Public Works first. Councilmember Bolkcom asked does someone from Public Works go there with them. Mr. Kosluchar replied, yes, the Water Department is usually there to open it up for them. Councilmember Bolkcom referred to page 71, the top paragraph, the words "City Building FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 13 Code" but then it goes on to say all other construction standards set forth. She asked if that was part of the City code. Mr. Hickok replied this was purposely done because it is not just the City's code they are worried about. The Code, generally speaking, could include other things as well. They might be drawing from, for example, the Uniform Building Code or the International Code. All of that would be considered the City's code but not necessarily the City's "building" code. Councilmember Bolkcom asked if it was all referenced in the City Code. Mr. Hickok replied, they do not want to come back every time a state or federal law is changed. This is a collection basically under the City's umbrella of codes and other state, federal, and local laws. A lot of people looked at this and felt “building” was too specific. Councilmember Bolkcom asked why not just say "and all standards set forth in the City's code and all other federal, state, and local laws?" Why did they add "construction" back below that? Mr. Hickok replied, they want to be specific about what they are talking about. They are talking about construction code, and this might be in the City's local ordinances, it might be in the state and federal codes. Councilmember Bolkcom asked about the "Abandonment" section. Did they not have one where the company actually went belly up, and the City was responsible? Do they have an idea when a company is no longer using one of their towers? Mr. Hickok replied, they had three non-conforming locations and are down to one. Actually in both of those cases, they ended up becoming conforming by virtue of getting special use permits and being recognized as sites. They did lose two other towers by virtue of somebody deciding not to have one there. This abandonment language is probably not necessary, because the resale on one of those monopole towers would be incredible. Councilmember Bolkcom asked did they not have one where it was not the newer style, no longer functioning, and the City ended up taking it down. Mr. Kosluchar replied, yes, they did. MetroCom was the carrier. In review of rents received, staff realized they had not had a payment in a while. Today staff actually monitors those rent payments on a monthly basis. Mayor Lund referred to page 70, “Signs,” and asked for clarification. He kind of liked it before when it said, "Warning or equipment signs are the only permitted signs." Now it states, "signs no larger than 4 square feet in size." Can they not regulate the verbiage on a sign? Mr. Hickok replied, they are trying very hard not to regulate any sort of speech that might be protected by the Constitution. They are working on the sign code and will be bringing the Council some amendments where, for example, they talk about garage sale signs and they make a distinction between those and some other signs. There is commercial and non-commercial FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 14 speech and you need to be very careful. Either you allow signs or you do not. There may be something as it relates to non-commercial speech. Darcy Erickson, City Attorney, replied, they would have to more closely examine that. However, the applicant has a vested interest in posting hazardous warnings, etc. Given the restrictions on content regulation and speech, it is something staff should look at before saying what they can put on a sign. Mayor Lund stated it could still say, warning or equipment signage is permitted at no larger than 4 square feet. You would not be telling someone what to say on that signage, but you are saying you are restricting it. Maybe they could say the amount of signage or something because they could start putting advertising on it for another revenue stream. Attorney Erickson replied, she agrees with what he is saying. It seems common sense that you do not want them to be doing that. However, even to the extent you are telling them the broad categories of the message that has to be on the sign, you may be dipping your toe into an area of regulation that they may not want to. They have met with staff from the League of Minnesota Cities and are looking at these issues at a broader scale with the City's sign ordinance. Mayor Lund asked if they will be doing some fine tuning before this item comes back to them. Mr. Hickok replied unless he insists, this is the language they are recommending. Practically speaking, the industry would not want to sell naming rights to their towers. They do want to exist in neighborhoods without trouble. They are only protected so far as it relates to what the Federal Telecommunications Act allows them to do. Attorney Erickson stated Mr. Hickok brings a very valid point. She thinks the FCC may actually regulate what they may have to put there. Councilmember Bolkcom asked if they could look at this before it comes back to them. They could have a total of 80 square feet, correct? Mayor Lund stated maybe they could be referencing the FCC requirements. Mr. Hickok replied, staff will take a closer look at that. Sometimes he thinks keeping it more broad is better, otherwise they may be regulating speech pretty soon. Mr. Kosluchar stated regarding Councilmember Bolkcom's questions, on page 63, she asked about the telecommunications facility, A, B, and C. An example of (A) and (B) would be a television satellite dish. He thinks that is what was intended there in that original code. It would be an exclusion for that kind of transmission or a GPS system which used to be on the order of meters and obviously now they are much, much smaller. Mr. Kosluchar referred to page 65 and the question on the AMR devices that are a pad mount design. Xcel has an AMR system where they are reading electronic meters and what they will do FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 15 is put a receiver transmitter on a light pole, for instance, out on the arm. Item (4) relates to that location where they may not have a street light to do that. They would install a new pole. Councilmember Varichak asked if the 15 sites they have are anywhere near getting full. What happens if someone comes in and says, "I need it right there." Mr. Hickok replied, they have had the second part of that question quite often. The good answer back on that is, that is why we hire an RF engineer to say, this is what full coverage is. When they say, I have to have it "right there", those are their choices they have and, if none of those work, then find an industrial location where they can get a special use permit to do it. Mr. Hickok stated, as far as filling up the co-locate positions, of the 15 positions, there are a few with some co-locations going on but, they are far from being full. When that happens, there is a provision that allows them, if they do not have another approved location that works, to prove it first and run the test. Then they could get a special use permit in an industrial area where it meets the other guidelines. Mr. Kosluchar stated there are other solutions as well. The Marion Hills Reservoir which is probably the highest point in Fridley is a pretty high demand site in Fridley. He believes there are four different carriers in that location. The sites themselves are required if any structure is built to be able to house a minimum of three carriers. At Marion Hills, the City has its own water tower, and it is being utilized. In addition, there was another tower that was put on the site. There is no preclusion from multiple towers here if this space does fill up. Mr. Hickok stated one of the big pushes has been the move to 4G, and people wanting to switch out their equipment on these towers. Therefore, they saw a lot of switching out to 4G. Even at the planning conferences staff would hear the industry people saying the cities need to loosen up and let them do this. His first question is where is the T2 technology they were promised years ago? They told staff that by the time they get these locations approved, they would be moved into the T2 technology with these little transmitters that would disappear on the side of buildings. The transmitters would start to blend into power poles, light signals, etc. They are not there yet. The industry people can start worrying they have not moved fast enough to T2 when they have filled up the City's 15 locations. However, it is not anything the City has to worry about for a long time. The City has enough locations. MOTION by Councilmember Barnette 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 HEARING WAS CLOSED AT 9:13 P.M. 13. Consideration of a Text Amendment TA #12-05, by the City of Fridley, to Consider Corrections to Automatic Meter Reading and Telecommunications permit Fees in Chapter 11 of the Fridley City Code. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 16 MOTION by Councilmember Saefke to waive the reading of the public hearing notice an open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 9:13 P.M. Mr. Hickok stated this has to do with the fees listed in the telecommunications section. The previous amendments to the "05" district do not appear in Chapter 11. Although they were approved at the time of the telecommunications ordinance, they remained as kind of an add-on to the telecommunications ordinance itself. It had a little segment that said "Chapter 11" and the fees were attached. Staff is suggesting they put it into the Chapter 11 chart so it is easier for people to find and look at. Mr. Hickok stated separate fees were established depending on whether it was new telecommunications equipment or whether it was being co-located. There was a $400 and a $500 fee. Staff analyzed it and found it did not make much sense and said a $400 fee would cover the cost of staff review on both. Accordingly, they have done away with the $500 fee and any sort of confusion that might have caused. Mr. Hickok stated a public hearing was held on this at the Planning Commission meeting on December 19. It was not required as it was outside of the Planning review, but they were gracious to review it and give some feedback. They agreed with staff’s position on this and recommended to go ahead with these modifications also. Staff has since changed the unit stationary device description so it eliminates that confusion of $25 per unit. Staff concurs with the Planning Commission and recommends Council do the same. MOTION by Councilmember Barnette 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 HEARING WAS CLOSED AT 9:16 P.M. 14. Consideration of On-Sale 3.2% Malt Liquor and Wine License Applications for Kaza Venkata Sudheer and Saritha Adusumilli for Paradise Corporation, d/b/a Paradise Biyana Pointe, Located at 765 - 53rd Avenue N.E. (Ward 1). MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 9:16 P.M. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 17 Debra A. Skogen, City Clerk, stated there are no taxes, utilities, or special assessments owing on this property. The building was leased to Paradise by the former licensee and owner. Paradise Biyana Pointe has been licensed as a restaurant since December, 2012, when it began operating. It is a franchise store of a national chain consisting of 30 restaurants in 12 states. The notice of public hearing was published in the Fridley Sun Focus on December 20. All required license fees have been paid. A wine license requires a minimum seating capacity of 50 persons. The restaurant facility serves up to 96 people. The Police Department has conducted a background investigation. They have no criminal history or character issues to deny the application at this time. A joint 3.2 percent malt liquor and wine license does allow the applicant to sell strong malt liquor or strong beer. The applicant is aware if strong malt liquor is sold, they are required to sell a minimum of 60 percent of their gross sales in food. The license approval is scheduled after this. Councilmember Bolkcom asked whether either of the applicants had a liquor license? Mr. Skogen replied, no. Councilmember Bolkcom asked whether this is their first time owning a restaurant. The interested parties shook their head, yes. Venkata Kaza , Paradise Corporation, stated he is the president of Paradise Corporation. Councilmember Bolkcom asked the petitioner if they were aware of the 60/40 ratio and understands it. Mr. Rashimini replied, yes. MOTION by Councilmember Barnette 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 HEARING WAS CLOSED AT 9:24 P.M. NEW BUSINESS: 15. Motion to Approve On-Sale 3.2% Malt Liquor and Wine Licenses for Kaza Venkata Sudheer and Saritha Adusumilli for Paradise Corporation, d/b/a Paradise Biyani Pointe, Located at 765 - 53rd Avenue N.E. (Ward 1. MOTION by Councilmember Saefke approving the On-Sale 3.2% Malt Liquor and Wine Licenses for Kaza Venkata Sudheer and Saritha Adusumilli for Paradise Corporation, d/b/a Paradise Biyani Pointe, Located at 765 - 53rd Avenue N.E. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2013 Street Rehabilitation Project No. ST 2013-01. Mr. Kosluchar stated a feasibility report was received by the City Council on November 5, 2012; and a hearing on the improvement was held on December 10 and continued until tonight. Residents were notified of the hearing by mail. The project is in the Meadowmoor Terrace and Flanery Park area. It also includes Jackson Street (approximately 3.9 miles in length). The attached resolution has been updated since the December 10 meeting directing preparing of final plans and ordering advertisement for bids. Staff is requesting Council move to adopt the resolution. If approved tonight, staff will complete the compilation of the plans and specifications, advertise the project in accordance with statutory requirements, prepare a tabulation of bids received for the work, and present this with staff's recommendation to the City Council. This will likely occur in about March. MOTION by Councilmember Varichak to adopt Resolution No. 2013-05. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16A. Resolution Appointing Board Representatives for the Mississippi Watershed Management Organization. Mr. Kosluchar stated this is their first renewal of these appointments, as they got into the MWMO in July, and Councilmember Saefke and Councilmember Varichak were appointed at that time as the commissioner and alternate. With the City renewing this for the first time since then, it was his fault for not getting this on the agenda. It should have actually been done in December. He asked that they be allowed to continue their appointments. MOTION by Councilmember Bolkcom to receive a two-page memo from Mr. Kosluchar to Mr. Nelson dated January 7, 2013. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom Adopting Resolution No. 2013-06. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2013 PAGE 19 17. Informal Status Report. Mr. Hicko k stated on Wednesday evening at 6:30 at City Hall there will be a public comment opportunity on AUAR (Alternative Urban Areawide Review analysis) the City is having done. This is just the scoping document portion for the BAE site. Right now the City is in the midst of a 30-day comment period that ends at 4:30 on January 23. If people want to come in person and make a comment they could do that at 6:30 on Wednesday evening. Councilmember Bolkcom asked where people could read the information if they were unable attend. Mr. Hickok replied, they can read that on-line. The City has the scoping document on-line and at the library. Because of a timing issue, typically it would be in the Focus, but staff only had a day to turn it around and get it out so it went in the Star Tribune for notice this time. Councilmember Bolkcom stated if someone wanted to make comment but could not attend on Wednesday, what would they do? Mr. Hickok replied, they can still comment to him. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 9:32 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor