03/26/2007 - 6124r. �. � • . ,
CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF MARCH 26, 2007
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF MARCH 26, 2007
CffY OF
FRIQLEY
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
763-572-3500 at least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 12, 2007
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
Fridley City Code Section 31.15 Pertaining to
Conduct of Persons in Pawn Shops ............................................................ 1- 2
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission
Meeting of March 7, 2007 ............................................................................. 3- 6
3. Extension of Variance Request, VAR #06-01, for
Totino-Grace High School, to Increase the Height
of the School Building from 30 Feet to 48 Feet for the
Renovation of the School Auditorium, Generally
Located at 1350 Gardena Avenue N. E. (Ward 2) ....................................... 7
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Approve Anoka County Community Development
Block Grant and Home Investment Partnership
Program Cooperation Agreement ............................................................... 8- 12
5. Resolution Approving a Plat, P.S. #06-01, Fridley
Distribution Center, by John Allen of Industrial
Equities for the Purpose of Incorporating the
Property Located at 5110 Main Street with a
Portion of Property Owned by Burlington Northern
Santa Fe (BNSF) (Ward 3) ......................................................................... 13 - 16
6. Resolution Ordering Preliminary Plans, Specifications
and Feasibility Report of Street Improvement
Project No. ST. 2008-1 .............................................................................. 17 - 19
7. Receive Bids and Award Contract for 2007
Miscellaneous Concrete Repair Project No. 370 ........................................ 20 - 21
8. Receive Bids and Award Contract for Sanitary
Sewer Lining Project No. 371 ..................................................................... 22 - 23
9. Approve 2007 Reappointments to City Commissions ................................. 24 - 25
10. Claims ........................................................................................................ 26
11. Licenses ..................................................................................................... 27 - 30
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARINGS:
12. Consideration of an Intoxicating Liquor License
for AMF Bowing Centers, Inc., d/b/a Maple Lanes,
Generally Located at 6310 Highway 65 N.E.
(Ward 2) ................................................................................................... 31 - 35
NEW BUSINESS:
13. First Reading of an Ordinance Amending
Chapter 602 of the Fridley City Code Updating
Language to be Consistent with State Law
Pertaining to 3.2% Malt Liquor ...................................................................... 36 - 50
14. First Reading of an Ordinance Amending
Chapters 602, 603 and 606 of the Fridley City
Code Creating a Patio Endorsement for Licensed
On-Sale Liquor Establishments ..................................................................... 51 - 60
15. Approve Preliminary Plat Request, PS #07-02,
by Eugene Jankowski, to Subdivide Two Single
Family Lots into Three Single Family Lots, Generally
Located at 1400 and 1420 Rice Creek Road N. E.
(Ward 2) ................................................................................................... 61 - 65
16. Informal Status Reports ................................................................................. 66
ADJOURN.
CITY OF COUNCIL MEETING
CITY OF FRIDLEY
MARCH 12, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette
at 7:31 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Pro Tem Barnette
Councilmember Saefke
Councilmember Bolkcom
MEMBERS ABSENT: Mayor Lund
Councilmember Varichak
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Richard D. Pribyl, Finance Director
INFORMATIONAL PRESENTATION REGARDING FRIDLEY LIQUOR STORES:
Kyle Birkholz, Liquor Operations Director, stated over the past 58 years the City of Fridley
through its liquor operations has contributed to the community by generating income while
assisting in the regulation of alcohol sales and consumption. Currently the City owns and
operates two liquor stores. Fridley Liquor Store No. 2 has been in the same location for over 30
years and is on the east side of Highway 65, just north of Moore Lake. Its annual gross sales in
2006 were nearly $1.5 million. Store No. 3 opened in the fall of 1999 at the intersection of
University and 694 in the old Holiday building. Its gross sales in 2006 were over $3.6 million.
One nice feature that the City has at Store No. 3 is a second entrance allowing customers
shopping at Cub Foods to enter the liquor store without exiting outside.
Mr. Birkholz stated over the last five years the liquor stores have generated and transferred $2.3
million to general funds. This is an annual property tax savings of $40 per year for the average
Fridley homeowner. Recently, legislation was introduced that would allow grocery stores that
are over 8,000 square feet to sell wine. Last year the combined wine sales for the two stores
were nearly $750,000. That accounted for 14.6 percent of our total sales and 18.2 percent of our
gross profit. The increase in gross profit over total sales was due to the fact that our margins are
greater on wine than they are on liquor and beer. Some of the impact that the wine in grocery
stores legislation could have would include reducing our gross sales, reducing our gross profits,
and in the end eventually affecting our net profits. Another factor is the increased alcohol access
and exposure to minors through the grocery stores.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 2
Mr. Birkholz said the state legislators will ultimately make the decision on whether the wine in
grocery stores bill passes. A couple of resources currently at the store include flyers trying to
educate people about wine in grocery stores there is also a CD at City Hall that has some
information. The Municipal Beverage Association website contains some legislative sites links.
He said the Fridley liquor stores will continue to generate profits for the City and control the
access of liquor and alcohol in the community.
Mayor Pro Tem Barnette asked if beer was included with the wine legislation.
Mr. Birkholz replied at this time it is not a part of the legislation but they feel that if the grocers
get wine in the grocery stores, the next step would be to try and sell strong beer.
Councilmember Bolkcom asked how much money have they been transferring to the City's
general fund for budget reasons in the last few years.
Richard Pribyl, Finance Director, replied they have been budgeting $500,000 per year. That is
a significant amount of money that is certainly at risk with this type of legislation.
Councilmember Bolkcom asked what is happening with the legislation.
Williams Burns, City Manager, replied the League of Minnesota Cities feels fairly confident
that the wine in grocery stores issue will be debated. There is some concern because there
appears to be a lot more interest in it this year by the House of Representatives.
Mr. Birkholz said it does not sound like the Senate is going to hear it. They are waiting to see
what kind of interest comes out of the House.
Dr. Burns stated typically it has been in the Senate commerce committee. This year it is in the
House. He said one of the comments they frequently hear from the Grocers Association is that
the absence of wine in the grocery stores is costing consumers, he believed it was $400 million a
year in Minnesota alone, because of like competition.
Mr. Birkholz said they see a little competition. Our prices are competitive, especially our sale
prices which are lower than anyone else's. The last newsletter included the results of a study that
showed our prices are competitive with a Wal-Mart in Wisconsin.
Councilmember Bolkcom stated one of the big issues besides losing the funds is not having
control. We do compliance liquor checks now for minors and there are places that do not pass.
She is concerned that grocery stores might have those same issues.
Don Abbott, Director of Public Safety, replied it has been long held that one of the benefits of
municipal operation of liquor is the control Not only the hours, but the training of staff and the
very strict adherence to not selling to minors or people who should not be receiving it, including
those people who are already intoxicated.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 3
Dr. Burns stated another argument is the State of Minnesota does not give municipal
government very many revenue opportunities. The City is pretty much dependent on property
taxes. Probably left to our devices, we would not get into the liquor business, but it is an
available revenue source and is something that has been very beneficial to Fridley.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 26, 2007
Councilmember Bolkcom pointed out that under Informal Status Reports, she was not present at
the Home Improvement Fair and was asking how it went. Scott Hickok responded.
APPROVED WITH CORRECTION TO INFORMAL STATUS REPORTS.
NEW BUSINESS:
1. First Reading of an Ordinance Amending Fridley City Code Section 31.15
Pertaining to Conduct of Persons in Pawn Shops.
Dr. Burns, City Manager, stated this is a housekeeping measure. At the request of the City
Prosecutor, Carl Newquist, staff is recommending the addition of language to Chapter 31 of the
Fridley City Code that will clearly make it a crime to attempt to pawn an item that is not the
property of the person initiating the transaction. Detective Pankonin has reviewed this change
with the pawnshops, and they are fine with it. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
2. Resolution Approving a Plat, P.S. #07-01, Sangster Addition, by Gordon and Angela
Sangster, for the Purpose of Creating Two Single Family Lots, Generally Located at
7169 Riverview Terrace N.E.
Dr. Burns stated Council approved the preliminary plat for the lot split of 7169 Riverview
Terrace at their February 12 meeting. Staff and the Planning Commission recommend approval
of the final plat for Gordon and Angela Sangster at this address.
ADOPTED RESOLUTION NO. 2006-16.
3. Resolution Authorizing Submission of Proposal for Furnishing Chemical
Assessment Team Services.
Dr. Burns, City Manager, stated Minnesota legislation passed in 1992 provides for the creation
and funding of regional hazardous materials and emergency response teams, as well as a
hazardous materials chemical assessment team. Fridley has been a member of the North Metro
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 4
Chemical Assessment Team since 1995. Other members of the team include the Coon Rapids
Fire Department and the Spring Lake Park/Blaine/Mounds View Fire Department. Since the
State is soliciting proposals for new contracts for services beginning July 1, staff is seeking
authorization to submit a contract proposal as a member of the North Metro Chemical
Assessment Team. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-17.
4. Approve 2007 SCORE Grant/Anoka County Residential Recycling Agreement.
Dr. Burns, City Manager, stated this is an agreement that is renewed annually. It provides the
conditions for Fridley's receipt of SCORE money from Anoka County. The 2007 agreement
provides $59,173.76. It is based on a base amount of $10,000 plus $4.37 a household. In 2006
Fridley received $63,241.60. Anoka County is becoming more organized and the decrease
reflects changes in population growth in the County. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Appointment — City Employee.
Dr. Burns, City Manager, stated staff recommends the appointment of Kristina Beckfeld to the
position of Permit Technician. She was selected from 259 candidates for this position.
APPROVED APPOINTMENT OF KRISTINA BECKFELD.
6. Claims (130776-130977).
APPROVED.
7. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 4 removed.
MOTION by Councilmember Bolkcom to approve the consent agenda as presented with the
removal of Item 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 5
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 4 from
the consent agenda. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Tom Myhra, 6360 Able Street N.E., stated he is the chair of Fridley Concerned Citizens which
is a public service group set up to monitor acts of the City government. He was at the meeting to
talk about housing and that they think owning a single-family house is the way to go. He asked
if he was the only one who wished that for everybody who wants that and not to try to limit it by
bringing in multi-family housing. He said he asked for a schedule for the Comprehensive Plan
meetings and did receive one. However, he was dismayed when he found out what the schedule
was going to be. It is the same procedure used the last time. In particular, visions for Fridley's
future are conjured by City employees who are here today, gone tomorrow. Some do not even
live in the City. He asked why Fridley needed more people. The Met Council even said that we
are fine on that and we have enough affordable housing. He asked why the City was considering
more. The citizens of Fridley want to maintain an owner occupied ratio to rental properties and
have a vote to decide.
Councilmember Bolkcom said she thought this should be brought up at the Comprehensive
Plan meetings.
Mr. Myhra replied he has four more issues. The first one was owner-occupied, the second one
was newer development should not be used to get around R-3 regulations. The City should put
its emphasis on refurbishing, remodeling and rebuilding to maintain present housing stock and
let the people know that if there is a bad house next door you do not have to have redevelopment
to get it taken care of. He said he was in Ward 3 before the election and no one was aware that
they were in a redevelopment area. Right of eminent domain should not be used, nor the threat
of it, to take private property from one even if you call it economically good for the City.
Finally, zoning should not be used by some owner or developer who made a bad business deal.
Councilmember Bolkcom asked who got their report because she has never seen a report from
the Concerned Citizens.
Mr. Myhra stated they did give it to the person who was running the meeting and it disappeared.
They did their own independent study.
Councilmember Bolkcom replied it would be interesting to see it and asked him to provide her
with a copy.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 6
PUBLIC HEARINGS:
8. Consideration of Special Use Permit, SUP #89-08, for Sam's Auto World, to
Operate a Body Shop/Repair Garage in an M-1 Zoning District, Generally Located
at 7570 Highway 65 N.E. (Ward 2).
MOTION by Councilmember Bolkcom to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE PUBLIC HEARING OPENED AT 7:58 P.M.
Scott Hickok, Community Development Director, stated a public hearing was originally set for
August 14, 2006, on the revocation of Special Use Permit, SP #89-08, for auto body repair at
7570 Highway 65. Mr. Awaijane's attorney could not attend that meeting, and it was continued
to August 28, 2006. Council directed staff to meet with Mr. Awaijane and his attorney on the
body shop site. Staff complied on September 7, 2006, and did that inspection. On September
11, 2006, Council decided not to revoke the special use permit since Mr. Awaijane committed to
cleaning up his site and agreed to relinquish all sales, rentals, and loaner car licenses for the site
by November 15, 2006. Council requested that Special Use Permit, SP #89-08, be placed back
on the agenda this evening for further review.
Mr. Hickok stated they have discovered new facts since the last hearing. Staff continued to
observe the site and communicate with the State sales unit inspectors. The site has been cleaned
up considerably; however, staff believes automobile sales have continued from this location. On
November 15, 2006, Mr. Awaijane sought a wholesale dealer's license for an office in Dayton,
Minnesota. The State provided that license since the City of Dayton signed off on the zoning. In
other words, although he gave up his license and the final date for him to have a license in the
City of Fridley was November 15, Mr. Awaijane picked up a new license for the City of Dayton
on November 15. The issue had been car sales, and Mr. Awaijane needed a mechanism to get to
auctions to get cars back, work on them at the body shop, and then put them out for sale.
Mr. Hickok stated the business is located at 7570 Highway 65 and is zoned M-1 Light
Industrial. The site contains an auto repair business called "Sam's Auto World." The business
fronts on Highway 65, south of Osborne Road, and is just north of Fridley Terrace Manufactured
Home Park On November 18, 1991, the Special Use Permit, SP #89-08 was reassigned to
Sam's Auto World owners. It had been issued to earlier owners of a different name. In 1992 the
City Council considered revocation of that same special use permit because of paving and
screening outdoor storage issues. The business owner complied with the stipulations, and the
City ceased the revocation process at that time. There have been some problems with code
compliance. They include high grass, outside storage, and an unauthorized sign. Two years ago
there was an incident where an employee was actually living in a semi-trailer on the site. Last
year's problems involved business vehicle parking in the right-of-way, selling cars without a
dealer's license from the State, and operating an automobile salvage junk yard without a special
use permit to do so.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 7
Mr. Hickok stated the business owner began selling cars on the site in the early to mid 90's. In
1999, the owner withdrew a rezoning application in an attempt to rezone the property so he could
legitimately sell cars after he learned that it was not a legitimate zoning request. Mr. Awaijane
purchased property on Osborne Road which would be appropriate for car sales. About two years
ago, he sold the Osborne Road auto sales but had leftover inventory. Soon the City received
complaints that the owner was continuing to sell vehicles without proper zoning back at his auto
body shop where he had been doing it prior to buying the Osborne site. Mr. Awaijane pled his
case to the State and requested time to liquidate his inventory from the sale of his Osborne site.
The State Licensing Unit gave Mr. Awaij ane a date of late 2005 to have all cars liquidated. He
requested an auto leasing license to allow auto loaners for body shop customers.
Mr. Hickok stated staff did approve a lessor's license which seemed fairly harmless for nine
vehicles: four for family members of the Awaijane family and five loaner vehicles. Since that
time the Public Safety investigation determined there were still violations and sales going on at
this site. There were outdoor storage, fence height, and also screening issues.
Mr. Hickok stated besides being aware of the inability to sell cars in that district, Mr. Awaijane
violated City Code and the State's dealer's regulations. He also operated a junkyard without a
special use permit. He continued to violate various City ordinances, and staff recommended to
Council to take action to revoke his special use permit for an auto body shop. There was a
specific requirement in the special use permit that he must remain law abiding. Currently, the
site has been cleaned up. Staff believes automobile sales have continued though at this location.
As a result, staff recommends that Council continue this hearing until May 21, 2007, which will
allow staff further time to investigate. Staff will make their recommendation for the disposition
of this special use permit at that time.
Councilmember Bolkcom asked if Mr. Awaijane was aware of tonight's hearing.
Mr. Hickok replied, yes. They talked today.
Councilmember Bolkcom asked what they would be investigating.
Mr. Hickok replied automobile sales on this site. The other portions of the operation that were
not in compliance have been cleaned up. Mr. Awaijane agreed to give up or relinquish his State
licenses that would allow him to buy cars and then turn around and sell cars. He has maintained
that license though and that is the concern. Staff does see some evidence there may be cars there
being offered for sale, and they want to continue to watch that.
Councilmember Bolkcom asked whether staff feels in the next two months they can investigate
that to a further degree and provide Council with better information.
Mr. Hickok said they now know there is another license and they have been observing what
staff believes may be a small inventory of cars that possibly being offered for sale.
Councilmember Bolkcom asked if the State could give us a list of what cars were sold.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 8
Mr. Hickok replied the State dealers unit has a very nice computer system that allows the City to
not only run plates but actually go in and see if there is a dealer number attached to the vehicle
and see if the car is held for sale or another purpose.
Councilmember Bolkcom asked if a dealer plate can be used as a loaner.
Mr. Hickok replied they had agreed not to even have loaners on this site. They were done
having a State license which would mean they would not have the ability. The owner indicated
his purpose of having a dealer's license was to have an umbrella insurance policy that allowed
him to ultimately insure his custom and collector vehicles. Without a dealer's license he was not
interested in having loaners. Frankly, he would not be able to go to the auction. By obtaining a
license, he still has the opportunity to do some of those things the City was concerned about
which led to selling cars on this site before.
Mayor Pro Tem Barnette said whoever is purchasing those vehicles is also paying state tax on
them, so the State has a pretty good idea of where that is coming from.
Mr. Hickok said the State does keep a very close watch for tax purposes.
Mayor Pro Tem Barnette asked if Mr. Awaij ane still operates or still owns the property on
Osborne Road and if there is any evidence that these vehicles are being moved to Dayton and are
being sold there.
Mr. Hickok replied he has sold the site on Osborne Road. It is owned by an independent
individual and there is no connection there at all. As for the Dayton site, it is staff's
understanding that the office is merely a mailbox. It is not set up for auto sales per se.
MOTION by Councilmember Bolkcom to continue the public hearing to May 21, 2007.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CONTINUED AT 8:12 P.M.
9. Consideration of an On-Sale Intoxicating Liquor License for Fridley Grille, LLC,
d/b/a Pickle Park, Located at 7820 University Avenue N.E. (Ward 3).
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE PUBLIC HEARING OPENED AT 8:12 P.M.
Richard Pribyl, Finance Director, stated this previously was Club Array and a couple of other
establishments. The property has been leased by Mr. Thomas Tomaro who will operate the
business under the name of Pickle Park. He currently operates another restaurant in Lakeville
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 9
called Babe's Sports Bar & Grill. Staff has been told this restaurant will feature G. B. Leighton
and his memorabilia, and this will be kind of his hometown location for performances. City staff
has provided a copy of the City Code that provides the stipulations that go along with the license
to Mr. Tomaro. The Police Department has done the investigation required by City Code and
found no reason to deny the license. Mr. Tomaro would like to open around the first week of
April.
Councilmember Bolkcom asked if the petitioner was aware of the 60/40 ratio.
Mr. Pribyl replied he is.
Councilmember Bolkcom pointed out to Mr. Tomaro one of the things the City is very strict
about is the liquor-to-food ratio.
Mr. Tomaro replied he is very aware. He brought a sample of the menu for his operation in
Lakeville and provided it to Council. He said they are well known for their food. He said they
anticipated selling a lot of food.
Councilmember Bolkcom asked how long he has owned the other restaurant.
Mr. Tomaro replied seven years.
Councilmember Bolkcom asked if they planned on being open until 1 or 2 a.m.
Mr. Tomaro replied 2 a.m.
Councilmember Bolkcom asked whether he was aware of the issues related to the 2 a.m.
closing.
Mr. Tomaro replied, yes.
Councilmember Saefke stated he knows that G. B. Leighton is probably very popular with the
younger crowd and they could experience overflow crowds when he playing there. Are they
prepared or that?
Mr. Tomaro replied they will have a large security staff on, and they will definitely be
controlling the doors to make sure not too many people are let in. Mr. Leighton actually appeals
to a very broad range of people, and it is a very well-behaved crowd.
Mr. Pribyl stated at the next Council meeting they will have the license before them for
approval.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 10
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 8:18 P.M.
NEW BUSINESS:
10. Appointment -- Parks and Recreation Commission.
MOTION by Councilmember Bolkcom to appoint Michele Barrett to the Parks and Recreation
Commission. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. Approve 2007 SCORE Grant/Anoka County Residential Recycling Agreement.
Councilmember Bolkcom asked whether the difference in funds is because the population in
the rest of Anoka County has increased that much. She also asked if there was anything else
they can do.
Mr. Hickok said it is population based. The County is experiencing a lot of growth. Like every
other pot of money it only goes so far and they have disbursed it based on households. As they
gain households, the amount they get decreases. It is almost counterproductive in a way that
SCORE funds were designed to be almost like seed money. If you do not need them, you give
them back In other words, if you make money, gaining revenue or doing other things through
your program, it is counter to the SCORE funding. It makes the money go away. They have had
some frustrations with that. They will try to use the funds we do receive very wisely.
Councilmember Bolkcom asked whether it was based on single-family homes or if it was based
on all households according to the census.
Mr. Hickok said it is based on the number of households in the recycling program. Larger
multi-family is commercial recycling. They are categorized different than the other households.
Councilmember Bolkcom said the $437,000 is based on single households.
Mr. Hickok replied single-family and lower densities, up to four units he believed.
Councilmember Bolkcom asked so for any of the bigger multi-family housing, the City is not
given any funding for them.
Mr. Hickok said they do their own commercial recycling. They are supposed to do it and are
required by State law to do it.
Dr. Burns stated if he remembered correctly our deficit on that is about $43,000 to $44,000 a
year for the recycling program.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 11
MOTION by Councilmember Bolkcom to approve the 2007 SCORE Grant/Anoka County
Residential Recycling Agreement. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
11. Informal Status Reports.
Councilmember Saefke asked Mr. Hickok for an update on the Texaco Station on East River
Road.
Mr. Hickok replied they are about three days out from having the tanks actually removed and
the building completely removed from the site.
Mayor Pro Tem Barnette asked for the address.
Mr. Hickok replied 8100 East River Road. The building on the Texaco site did experience fire
damage, and they did receive permission from the courts to demolish the building. The owner of
the building was not reacting, and the building was sitting there with food in it from its last
tenant but no power and there was no power to the pumps that were protecting corrosion around
the tanks. The 13th and 14th will be big days. The canopy, buildings, fence around the perimeter
of the site, and the dumpster enclosure will be coming down. The following day the concrete
will probably be peeled up. The tank removal is scheduled for the 15tn
Dr. Burns asked Mr. Hickok if he would provide an update on the cost of all of this and how the
City hopes to recover the cost.
Mr. Hickok replied the initial cost of this demolition was just shy of $34,000 to take out the
building, the concrete and asphalt, the canopy, and the pumps. There are additional costs for
pumping the tanks. There are three gasoline tanks and one diesel tank subsurfaced. Diesel has a
bit higher rate per gallon for pumping out and the sludge has an extra special price for pumping.
Sludge is about four times the cost of pumping out diesel per gallon. They expect there will be
sludge on the bottom of each one of those tanks that will need to be taken out. When all is said
and done there will be probably some additional costs of $2,500 on top of the original $34,000
Part of the original cost was for an analysis to see if there is asbestos and they found some in the
floor tiles and in the ceiling. Whenever that is found it adds to the cost of the demolition and
removal.
Mr. Hickok stated after the demolition is done, they will give the owner the opportunity to
simply pay the cost. They always offer that opportunity as that is a bit cheaper for them. Once it
is assessed, there are additional fees that are attached to the cost. This is not a cost the City will
be burdened with. It will be attached to the property and one way or another, the City will get it
back The City does not own the property. It is still zoned for commercial for local business like
it has been.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2007 PAGE 12
Councilmember Bolkcom asked about the fence that was around there with the trash enclosure.
Mr. Hickok replied there will be no fencing at all. There is a beautiful new fence that was put
up on the south end of this property which is owned by the property owner to the south. Any
fence associated with this site will be gone.
Councilmember Bolkcom wanted to remind everyone about the scheduled Comprehensive Plan
meetings.
Mayor Pro Tem Barnette said they need to have people come to those meetings and provide
their ideas.
ADJOURN.
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MEETING ADJOURNED AT 8:37 P.M.
Respectfully submitted by,
Denise M. Johnson Robert L. Barnette
Recording Secretary Mayor Pro Tem
�
�
CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
William W. Burns, City Manager
Public Safety Director pon Abbott
March 22, 2007
Amending Fridley City Code Section 31.15 Pertaining to
Conduct of Persons in Pawn Shops
Fridley City Prosecutor, Carl Newquist, contacted the Police Department about some
problems with pawn case prosecution. Mr. Newquist told us the problems are due to a
wording issue in Section 31.15 of the City Code pertaining to conduct of persons on licensed
premises, specifically relating to pawning property of another.
There has been a recent increase in police officers being called to the pawn shops when a
transaction crime is in progress. The pawn shops are calling and a police officer is arriving
before the physical transaction has gone through to completion. Public defenders have made
an issue of this detail, making it difficult to prosecute.
To assist in prosecuting these pawn shop cases, Mr. Newquist has suggested we change the
ordinance by adding the words "offer or attempt to." Adding the words "offer or attempt to"
will allow full prosecution even if the transaction hasn't been completed.
The first reading of the attached ordinance was approved on March 12, 2007. Staff
recommends approval of the second reading of this ordinance.
Attachment
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 31.15
PERTAINING TO CONDUCT OF PERSONS IN PAWN SHOPS
The Fridley City Council hereby finds after review, examination and recommendation of
staff that Chapter 31 related to penalty fees be hereby amended as ordains as follows:
CHAPTER 31. PAWN SHOPS.
31.15 CONDUCT OF PERSONS ON LICENSED PREMISES
1. No person may pawn, pledge, sell, leave, or deposit any article of property not
their own; nor shall any person offer or attempt to pawn, pledge, sell, leave, or deposit the
property of another, whether with permission or without, nor shall any person pawn,
pledge, sell, leave or deposit any article of property in which another has a security
interest; with any licensee.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF _ 2007.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading March 12, 2007
Second Reading
Publication:
DRAFT
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
MARCH 7t", 2007
CALL TO ORDER:
Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm.
MEMBERS PRESENT: Diane Savage, Jack Velin, Dean Saba, Larry Kuechle, Brad Dunham
MEMBERS ABSENT: Leroy Oquist, David Kondrick
OTHERS PRESENT: Stacy Stromberg, City Planner
Nathan Gillespie, Caldwell Bankers
Eugene Jankowski, 28123 31St Avenue
APPROVE OF MINUTES:
1. Approval of January 17, 2007 Planning Meeting Minutes
MOTION by Commissioner Saba to approve the minutes as submitted. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2. PUBLIC HEARING:
Consideration of a Preliminary Plat, PS #07-02, by Eugene Jankowski, to sub-divide two single
family lots into three single family lots, generally located at 1400 and 1420 Rice Creek Road NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Stacy Stromberg, City Planner, stated the petitioner, Eugene Jankowski, is seeking to replat two large
single family lots at 1400 and 1420 Rice Creek Road, into three single family lots. In 2004, the property
at 1420 Rice Creek Road, which was 42,208 square feet in size, was sub-divided from one large single
family lot into two single family lots. As a result of that plat request, a new home was constructed on what
was the southern portion of 1420 Rice Creek Road and is now 1424 Rice Creek Road. Since then, the
original home at 1420 Rice Creek Road has been demolished and another new single family home is
being constructed in its place.
Ms. Stromberg stated that the current preliminary plat request will sub-divide the lot at 1420 Rice Creek
Road, which is 28,461 square feet and the lot east of it at 1400 Rice Creek Road, which is 50,024 square
feet into three new single family lots.
Ms. Stromberg stated that Fridley requires that lots in the R-1 district be a minimum of 75' in width with a
minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 102.58 feet in width and 43,953
square feet in size after the replat. The proposed Lot #2 will be 75 feet in width and 16,642 square feet
and the proposed Lot #3 will be 75 feet in width and 17,890 square feet in size after the replat. As a
result of the subdivision, all three newly created lots will meet the minimum standards for properties in the
R-1, Single Family zoning district.
Ms. Stromberg stated that Lot #1 will remain as is, with the existing house and detached garage. A new
single family home will be constructed on Lot #2 and a new single family home is currently being
constructed on Lot #3.
Ms. Stromberg stated that Staff has heard comments from one neighboring property owner, who was
inquiring about how the two lots would be sub-divided to make three.
Ms. Stromberg stated that City Staff recommends approval of this preliminary plat request as the
proposed lots exceed the size standards required by the City of Fridley zoning Code and it also provides
additional homeownership opportunities for Fridley residents. Staff recommends that if the plat is
granted, the following stipulations be attached:
1. Property owner of record shall obtain all necessary permits prior to construction.
2. Property owner of record at time of building permit application to pay required $1,500 park
fee prior to issuance of a building permit for Lot #2.
3. Property owner of record at time of building permit application to pay all water and sewer
connection fees prior to issuance of a building permit.
4. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
5. Petitioner shall provide easements as shown on preliminary plat drawing.
6. Driveway on Lot #1 shall be removed to be within 3 feet of the property line or moved to
be within the property line and a letter shall be submitted stated that the property owner of
Lot #2 is in agreement with the fact that the driveway on Lot #1 is located on the property
line.
Commissioner Savage asked if staff has received any other comments from neighbors.
Ms. Stromberg replied no.
Commissioner Dunham asked if the lot was on the property line and if the driveway would need to be
moved.
Ms. Stromberg replied that the driveway would need to be moved to be three feet from the property line
or a letter would need to be written stating that the owners were in agreement that it was okay the
driveway was closer than three feet to the property line.
Commissioner Saba asked if there were any water or drain issues with the properties.
Ms. Stromberg answered no.
Eugene Jankowski, 28123 31 St Ave. Mpls, stated that he is the property owner and is currently building a
new house on the lot at 1420 Rice Creek Rd. He is hoping to build an attached three car garage on the
newly created lot. He will have a written letter to bring to the city regarding the driveway and the driveway
will be opposite of how it exists today.
Commissioner Savage asked if Mr. Jankowski had any problems with the stipulations.
Mr. Jankowski replied no.
Commissioner Savage asked if Mr. Jankowski had any conversations with the neighbors regarding this
lot split.
Mr. Jankowski replied that so far the neighbors are pleased with the changes.
Commissioner Kuechle asked when construction would begin on the new lot.
Mr. Jankowski stated that he was not sure. The first home took 14 months to sell so he was not sure
when construction would begin on the new lot.
Commissioner Dunham commented that the houses Mr. Jankowski is building look very nice.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:42 P.M.
MOTION by Commissioner Kuechle to approve the consideration of a Preliminary Plat, PS #07-02, by
Eugene Jankowski, to sub-divide two single family lots into three single family lots, generally located at
1400 and 1420 Rice Creek Road NE. with the following stipulations:
Property owner of record shall obtain all necessary permits prior to construction.
Property owner of record at time of building permit application to pay required $1,500 park
fee prior to issuance of a building permit for Lot #2.
Property owner of record at time of building permit application to pay all water and sewer
connection fees prior to issuance of a building permit.
Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
Petitioner shall provide easements as shown on preliminary plat drawing.
Driveway on Lot #1 shall be removed to be within 3 feet of the property line or moved to
be within the property line and a letter shall be submitted stated that the property owner of
Lot #2 is in agreement with the fact that the driveway on Lot #1 is located on the property
line.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY
This matter will be heard before the City Council on March 26tn
2. Receive the minutes of the December 7th, 2006, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Kuechle to receive the minutes as presented. Seconded by Commissioner
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3. Receive the minutes of the February 1, 2007 Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Velin to receive the minutes as presented. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. Receive the minutes of the January 8th, 2007 Parks and Recreation Commission Meeting.
MOTION by Commissioner Saba to receive the minutes as presented. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Stacy Stromberg, City Planner, stated that the Sangster plat from the January 17, 2007 Planning
Commission meeting will go before the City Council on Monday for final plat review. She also announced
and encouraged everyone to attend the upcoming neighborhood planning meetings for the
Comprehensive Plan. The dates and locations are as follows:
March 19, 2007 — 7:00 p.m. — 9:00 p.m.
Stevenson Elementary — 6080 E. River Road
Fridley Community Center — 6085 7th Street Room 109
Totino Grace — 1350 Gardena Ave. NE
April 2"d, 2008 — 7:00 p.m. — 9:00 p.m.
Stevenson Elementary — 6080 E. River Road
Fridley Community Center — 6085 7th Street Room 109
North Park Elementary School — 5575 Fillmore Street NE
ADJOURNMENT:
MOTION by Commissioner Kuechle to adjourn the meeting. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING
ADJOURNED AT 7:45 P.M.
Respectfully Submitted,
Krista Monsrud
Recording Secretary
�
�
CffY OF
FRIDLEY
Date:
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
March 19, 2007
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #06-01, RSP Architects for Totino Grace
High School
M-07-08
INTRODUCTION
Steve Maurelli, of RSP Architects, on behalf of Totino Grace High School received City
Council approval for a special use permit and a variance on January 23, 2006. The
special use permit was granted to allow an existing private school to exist in a R-1,
Single Family zoning district and the variance was granted to increase the height of a
portion of the Totino Grace High School building from 30 feet to 48 feet for the
renovation of the school auditorium.
On March 9, 2007, staff received a letter from Mr. Maurelli requesting an extension to
the special use permit and variance request. An extension isn't required for the special
use permit; however one is required for the variance as the City gives petitioners one
year to start construction when they've received City Council approval on a project. Mr.
Maurelli states that construction has been delayed due to fund-raising, but the school is
actively raising funds and they potentially plan to begin construction in September 2008.
It is for that reason that they are requesting a two-year extension.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of a two-year extension for the construction of the
school auditorium renovation until January 23, 2009.
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
March 20, 2007
William Burns, City Manager
Scott Hickok, Community Development Director
Paul Bolin, Assistant HRA Director
Agreement to Participate with Anoka County for CDBG & HOME Applications
M-07-10
INTRODUCTION
The Department of Housing & Urban Development requires that Anoka County complete
an Urban requalification process every three years in order to continue receiving and
administering CDBG & HOME funds. As part of the requalification process, Anoka
County is required to notify participating communities of their option to be excluded from
the County's "Urban County" qualification for the next 3 years.
Choosing to opt-out would allow the City to apply individually for CDBG directly from
HUD. Opting out would require the City to compete against a much larger pool of
applicants for project funding and require the City to undertake the expense of
administering and reporting of the program.
Opting in will continue the City's history of being a participating community in Anoka
County's CDBG & Home Fund applications. The administration and reporting
requirements will be the County's responsibility.
STAFF RECOMMENDATION
City Staff recommends that the Council choose to "opt-in" and continue as a partnering
community with Anoka County.
ANOKA COUNTY
CONIlv1U1�TITY DEVELOPMENT BLOCK GR.ANT and
HOME INVESTMENT PARTINERSHIP PROGRAM
COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into under the requirements of the federal Commuxuty
Development Block Grant (CDBG) program and HOME Investment Partnership Program by and
between the COLTNTY OF ANOKA, State of Minnesota, hereinafter referred to as"COUNTY"
and the CITY OF FRIDLEY hereinafter referred to as "COOPERATING COI��IMiJNIT'Y", said
parties to this Agreement each being governmental units of the State of Minnesota, and is made
pursuant to Minnesota Statutes, Section 471.59.
WITNESSETH:
W�iEREAS, Title I of the Housing and Community Development Act of 1974, as amended,
provides for a program of community development block grants, as implemented by Part 570,
Title 24, Code of Federal Regulations, governing the applicability and use of funds under Title I;
and �
WHEREAS, Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, and as
amended provides for a program known as the HOME Investment Partnership program. Part 92
of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability
and use of funds under Title II; and
WHEREAS, Anoka County; Minnesota qualifies under said law as an "urban county" eligible to
receive community development block grants funds; and
WHERAS, the County's population, among other factors, is determinant of the eligibility of the
County and the amount of resources which may be made available to the County to undertake
activities under the afore-referenced law; and
WHEREAS, Section 24 CFR 570.307, titled "urban counties" provides that computation of the
County's population may include persons residing in `�nincorporated areas" and in "its included
parts of general local government with which it has entered into cooperative agreements to
undertake or to assist iri the undertaking of essential activities pursuant to community
development block grants"; and �
VV�iEREAS, it is in the interest of the Cooperating Community, to have its population counted
together with other municipalities of Anoka County who similarly agree;
NOW, THEREFORE, in consideration of mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions.
9
i
SECTION I. DEFINITIONS
For the purpose of this Agreement, the terms defined in this section have the meanings given to
them:
A. "The Act" means the Housing and Community Development Act of 1974, Title I, of
Public Law 93-383, as amended (42 USC 5301 et seq.) �
B. "Regulations" means the rules and regulations promulgated pursuant to the Act,
including but not limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housirrg and Urban Development
D. "Cooperating Community" means any city or township in Anoka County, �vhich has
entered into a cooperation agreement which is identical to this Agreement.
E. "CDBG Program" means federal program instituted under 42 U.S.C. 5301, et seq. as
amended.
F. "HOME Investment Partnership Program" means the federal program instituted under
Title II of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.G 12701 et
seq. as amended
The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR 5703 of the Regulations are
incorporated herein by reference and made a part hereof.
SECTION II. PURPOSE
The Cooperating Community and the County have determined that it is desirable and in the
interests of its citizens that the County qualifies as an urban county within the provisions of the
Act. This Agreenient contemplates that identical agreements will be executed between the
County and other cities and townships within the County, thus enabling the County to qualify
under the Act.
The purpose of this Agreement is to authorize the County to participate with the Cooperating
Community in undertaking, or to assist in undertaking, essential community development and
housing assistance activities pursuant to the CDBG �ntitlement Program and the HOME
Investment Partnership Program.
SECTION III. TERM OF AGREEEMNT
This Agreement shall be in effect upon execution and terminate no sooner than the end of the
third program year covered by the application for the basic grant amount and approved after the
effective date. This Agreement shall be effective for the federal fiscal years 2008 through 2010.
10
z
SECTION V. SPECIAL PROVISIONS
A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the
right of the Cooperating Community or the County to submit individual applications for
discretionary funds in the event County does not receive designation as an urban county
entity under the Act.
B. The Cooperating Community and the County mutually agree to indemnify and hold
harmless each other from any claims, losses, costs, expenses, or damages resulting from
the acts of omissions of their respective officers, agents, and employees relating to
activities conducted by either under this Agreement, the Act or the Regulations.
C. In the event that there is a revision of the Act and/or Regulation which would make this
Agreement out of compliance with the Act or Regulations, both parties will review this
Agreement and renegotiate those items necessary to bring the Agreement into
compliance.
D. All funds received by the County under the Act shall be deposited in the County treasury.
E. The Cooperating Community and the County shall maintain financial and other records
and accounts in accordance with requirements of the Act and Regulations. Such records
and accounts will be in such form as to permit reports required of the County to be
prepared therefrom and to permit the tracing of grant funds and program income to final
expenditure.
F. The Cooperating Community and the County agree to make available all records and
accounts with respect to matters covered by this Agreement at all reasonable times to
their respective personnel and duly authorized federal officials. Such records shall be
retained as provided by law, but in no event for a period of less than (5) five years from
the date of completion of any activity funded under the Act or less than (5) five years
from the last receipt of program income resulting from activity implementation. The
County shall perform all audits of the basic grant amounts and resulting program income
as required under the Act and Regulation.
G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient
(Metropolitan City/LTrban County Joint Recipients) has full responsibility for the
execution of the community development program, for following its Consolidated Plan,
and for meeting the requirements of other applicable laws (e.g., National Environmental
Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the
Housing and Community Development Act of 1974, the Americans with Disabilities Act
of 1990, and for affirmatively furthering fair housing). The Counties responsibilities must
include these functions even where, as a matter of administrative convenience or State
law, the county permits the participation units of general local government to carry out
essential community development and housing assistance activities. The county will be
held accountable for the accomplishment of the community development program, for
11
4
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.
COUNTY OF ANOKA
STATE OF MINNESOTA
Dennis D. Berg,
Chair, Anoka County Board of Commissioners
Terry L. Johnson,
Anoka County Administrator
APPROVED AS TO FORM
AND EXECUTION
Anthony C. Palumbo,
Assistant Anoka County Attomey
Date
CITY OF FRIDLEY
STATE OF MINNESOTA
� �
By: J:;,�;�,c.� `'�
�
Its: � r
Date: ����
s
Its:
Date:
I hereby certify that the provisions of this agreement are fully
authorized under state and local law and that the agreement provides
full legal authority of the County.
Anthony C. Palumbo
Assistant Anoka County Attomey.
12
6
�
�
�
CffY OF
FRIDLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
March 21, 2007
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Final Plat, PS #06-01, Industrial Equities
M-07-11
INTRODUCTION
John Allen of Industrial Equities is seeking to replat the property located at 5110 Main Street to
incorporate a portion of property that he's purchasing from Burlington Northern Santa Fe
(BNSF). BNSF has signed off on the plat application and is in favor of the replat. The petitioner
is seeking this replat to allow for the redevelopment of the subject property. On September 6,
2006, the Planning Commission considered plat request PS #06-01, by Industrial Equities. City
Staff and the Planning Commission recommend approval of plat request, PS #06-01, with 1
stipulation. At the September 25, 2006, City Council meeting, the preliminary plat was
approved, with 1 stipulation.
RECOMMENDATION
Staff recommends approval of the attached resolution, approving final plat PS #06-01.
STIPULATIONS
1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =
$12,430.17) prior to issuance of any building permits.
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #06-01, FRIDLEY DISTRIBUTION
CENTER, BY JOHN ALLEN OF INDUSTRIAL EQUITIES FOR THE PURPOSE OF
INCORPORATING THE PROPERTY LOCATED AT 5110 MAIN STREET WITH A
PORTION OF PROPERTY OWNED BY BURLINGTON NORTHERN SANTA FE
(BNSF).
WHEREAS, the Planning Commission held a public hearing on September 6, 2006, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for FRIDLEY DISTRIBUTION
CENTER at their September 25, 2006, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat FRIDLEY DISTRIBUTION CENTER has been attached as
Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
FRIDLEY DISTRIBUTION CENTER and directs the petitioner to record the plat at Anoka
County within six months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26TH DAY OF MARCH 2O07.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution -2007 — FRIDLEY DISTRIBUTION CENTER
EXHIBIT A
STIPULATIONS
Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17)
prior to issuance of any building permits.
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FRI�EY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
TO: William W. Bums, City Manage !�1�
�
� �
FROM: Jon H'Haukaas, Public Works Dire�tor
Layne Otteson, Assistant Public Works Director, -
DATE
SUBJECT
March 26, 2007
2008 Street Improvement Project
PW07-010
The attached resolution is to initiate the design and plan preparation for the proposed 2008
Neighborhood Improvement Project No. ST. 2008 - 1, which includes various streets spread
throughout the City. The length of street construction is estimated at 4.2 miles. This project will
complete a 4 year accelerated street program that began with the 2005 Street Improvement
Project.
The resolution orders the preparation of preliminary plans, spec�cations and estimate for the
improvements. This includes the upgrade of the bituminous curb streets within the area to
concrete curb and gutter, a reconstructed street base and surface and repairs of the existing
water, sanitary sewer and storm sewer systems as required. The streets to be reconstructed are
located within commercial and residential areas. We also will complete the final phase re-grading
of ball fields 3 and 4 at Community Park.
Recommend the City Council adopt the attached resolution for the 2008 Neighborhood
Improvement Project No. ST. 2008 - 1.
LO/JHH:.16
Attachment
17
RESOLUTION NO. 2007 - _
A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND
FEASIBILITY REPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2008-1
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
1. That it appears in the interests of the City and of the property owners affected that there be
constructed certain improvements to-wit:
Street improvements, including grading, aggregate base, bituminous asphalt, concrete curb and
gutter, water and sewer upgrades, landscaping, and other facilities located as follows:
2"a Street NE
3`d Street NE
40'/2 Avenue NE
45�' Avenue NE
54th Avenue NE
55�' Avenue NE
57'/z Avenue NE
62"d Way NE
62'/z Way NE
63`d Way NE
63'/2 Way NE
64�' Way NE
68th Avenue NE
68�' Place NE
Ashton Avenue NE
Ashton Avenue NE
California Avenue NE
Channel Road NE
Charles Street NE
Cheri Circle NE
Cheri Lane NE
East River Road Service Drive NE
Hickory Drive NE
Horizon Drive NE
Hwy 47 East Service Drive NE
Hwy 47 East Service Drive NE
Hwy 65 West Service Drive NE
Island Park Drive NE
Jupiter Drive NE
Lucia Lane NE
Madison Street NE
Onondaga Street NE
Pierce Street NE
Riverview Terrace NE
Satellite Lane NE
�
57'/2 Avenue to 58th Avenue
45�' Avenue to 46th Avenue
California Avenue to Main Street
Hwy 47 to Approximately 300' West
7�' Street to Madison Street
4�' Street to 5�' Street
2°a Street and 2'/2 Street
East River Road to Ashton Avenue
East River Road to Ashton Avenue
Riverview Terrace to East River Road
Riverview Terrace to East River Road
East River Road to Ashton Avenue
Hwy 65 Service Drive East to Channel Road
Hwy 65 Service Drive East to Lucia Lane
Hickory Drive to Meyers Avenue
Mississippi Way to 61� Way
40%2 Avenue to Approximately 300' South
68�' Avenue to Approximately 300' North
A.nna Avenue to East River Road
Cheri Lane to Approximately 200' South
7�' Street to Approximately 1500' East
79�' Way to Liberty Street
East River Road to 70th Way
Main Street. to Approximately 300' East
68`�' Place to 68'�' Avenue
53rd Avenue to Approximately 600' North
Moore Lake Drive to 64�' Avenue
Anna Avenue to East River Road
Sylvan Lane to Mercury Drive
68�' Place to Approximately 200' South
Cheri Lane to 53'/z Avenue
Central Avenue to Hayes Street
Mississippi Street to 66`�' Avenue
63 %z Way to Alden Way
Mercury Drive to Hwy 47
Page 2
Siverts Lane NE
Starlite Boulevard NE
Sylvan Lane NE
RESOLUTION NO. 2007-
69th Avenue to Approximately 600' South
Sylvan Lane to Satellite Lane
Jupiter Drive to Hwy 47
That the work involved in said improvements listed above shall hereafter be designated as:
STREET IMPROVEMENT PROJECT NO. ST 2008-1
2. That the Public Works Director, Jon H. Haulcaas, City Hall, Fridley, MN, is hereby authorized
and directed to draw the preliminary plans and specifications and to tabulate the results of his
estimates of the costs of completion and all fees and expenses incurred ( or to be incurred) in
preliminary report of his finding stating therein whether said improvements are feasible and
whether they can best be made as proposed, or in connection with some other improvements
(and the estimated costs as recommended), including also a description of the lands or area as
may receive benefits therefrom and as may be proposed to be assessed.
3. That said preliminary report of the Public Work Director shall be fizrnished to the City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2007.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
SCOTT J. LUND - MAYOR
E
�
��
F��o��
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 2C, 2007
TO: William W. Burns, City Manager ����
��
FROM: Jon F%'Haukaas, Public Works Director
Layne Otteson, Assistant Public Works Dire�tor
DATE:
SUBJECT:
March 26, 2007
Award of 2007 Misc. Concrete Project #370
PW07-11
On Wednesday, March 14, 2007, at 10:00 a.m. bids were opened for the 2007 Misc. Concrete
Project #370.
Six sets of plans and specifications were received. The low bid was submitted by Standard
Sidewalk, Inc. of Chisago City, in the amount of $76,000. The 2007 project includes remedial
sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb
due to utility repairs or driveway entrance permits.
Recommend the City Council receive the bids and award the contract for the 2007
Miscellaneous Concrete Repair Project No. 370 to Standard Sidewalk. Inc., in the amount of
$76,000.00.
LO/JHH:,1B
Attachments
�
�
�
CffY OF
FRIdLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
Layne Otteson, Assistant Public Works Director
March 26, 2007
Award of 2007 Misc. Concrete Project #370
PW07-11
On Wednesday, March 14, 2007, at 10:00 a.m. bids were opened for the 2007 Misc. Concrete
Project #370.
Six sets of plans and specifications were received. The low bid was submitted by Standard
Sidewalk, Inc. of Chisago City, in the amount of $76,000. The 2007 project includes remedial
sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb
due to utility repairs or driveway entrance permits.
Recommend the City Council receive the bids and award the contract for the 2007
Miscellaneous Concrete Repair Project No. 370 to Standard Sidewalk. Inc., in the amount of
$76, 000. 00.
LO/JHH:,Ig
Attachments
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
Layne Otteson, Assistant Public Works Director
March 26, 2007
Award of Sanitary Sewer Lining Project No. 371
PW07-012
On Wednesday, March 21, 2007, bids were opened for the Sanitary Sewer Lining Project No. 371.
Seven plans were sent out and five bids were received. The lowest bid was submitted by Veit
Specialty Contracting & Waste Management.
Recommend the City Council receive the bids and award the contract for the Sanitary Sewer
Lining Project No. 371 to Veit Specialty Contracting & Waste Management of Rogers, MN, in the
amount of $54,921.47.
JHH
Attachments
i,� i �� ���;� �;z�� z��y� ��
SANTTARY SEWER LINING PROJECT NO. 371
Wednesday, March 21, 2006, 10:00 A.M.
PLANHOLDER ' ' BID BOND ' BID ' ADDENDUM
Veit Company Western $54,921.47 X
14000 Veit Place
Rogers MN 55374
Michels Pipe Services Continental $65,470.25 X
3600 State Hwy 13 West
Burnsville, MN 56057
Lametti & Sons, Inc. Hartford $74,731.00 X
16028 Forest Blvd
Hugo MN 55038
Terra Eng. & Construction Co. Safco $84,841.00 X
2201 Vondron Road
Madison, WI 53718
Visu-Sewer Clean & Seal Inc Liberty Mutual $125,238.50 X
7905 Beech Street
Fridley MN 55432
Veit Specialty Contracting & Water NO BID
39352 221gt Ave
Le Center, MN 56057
Insituform Technologies Inc. NO BID
17988 Edison Avenue
Chesterfield, MO 63005
2007 CITY OF FRIDLEY COMMISSION TERMS
Term
Present Members Ex ires Appointee
PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term)
GENERAL Diane Savage 4-1-09
CHAIR
VICE-CHAIR
CHAIR David Kondrick 4-1-09
PARKS &
REC.
CHAIR Barbara Johns 4-1-07
ENVIRON.
QUALITY
CHAIR Larry Kuechle 4-1-08
APPEALS
COMM.
AT LARGE Brad Dunham 4-1-08
AT LARGE LeRoy Oquist 4-1-07
AT LARGE Dean Saba 4-1-07
APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term)
CHAIR Larry Kuechle 4-1-08
Kenneth Vos 4-1-08
Brad Sielaff 4-1-10
VACANT 4-1-09
Blaine Jones 4-1-07
ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term)
AND ENERGY COMMISSION
CHAIR Jack Velin 4-1-08
VICE- Del Jenkins 4-1-07
CHAIR
Richard Svanda 4-1-09
Martina Nelson 4-1-09
Anne Andrews 4-1-08
Paul Westby 4-1-07
Barbara Johns 4-1-07
Term
Present Members Ex ires Appointee
PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term)
CHAIR David Kondrick 4-1-09
CHAIR
VICE-
CHAIR
Marcy Sibell
Michele Barrett
Tim Solberg
Michael Heintz
4-1-09
4-1-08
4-1-07
4-1-07
HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term)
Larry Commers 6-9-09
Pat Gabel 6-9-08
John E. Meyer
Steve Billings
Wlliam Holm
6-9-11
6-9-10
6-9-07
� AGENDA ITEM
COUNCIL MEETING OF MARCH 26, 2007
CffY OF
FRIDLEI'
CLAIMS
130980 -131127
�
�
CffY QF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
LICENSES
Type of License �
TEMPOR.4RY FOOD SALES
Fridley Historical Society Sue Meyers
611 Mississippi St NE
Fridley, MN 55432
FOOD ESTABL/SHMENTS
Quizno's Subs Hiep Pho
7610 University Av Suite 2
Fridley, MN 55432
Snyder's Drug Store #5018 Connie Dahl
6582 University Av NE
LosGirasoles Beatriz Xochipilterate
7891 E River Rd
Target Store T2200 Jack Reif
755 53rd Av N E
Old Country Buffet Ronald Johnson
6540 University Av NE
FOOD / TOBACCO SALES
Walgreen's #4697 Gary Martin
6525 University Av NE
South Asian Foods Mehboob Momin
765 53rd Av N E
Fridley Dollar Store Nasir AI-Ali
6532 University Av NE
Approved By:
Public Safety Director
Planning Assistant
Fire Inspector
Public Safety Director
Community Development
Fire Inspector
<< << <<
<< << <<
<< << <<
<< << <<
<< << <<
<< << <<
<< << <<
LICENSES - MARCH 26, 2007 (CONTINUED)
Type of License �
FOOD / TOBACCO / RETA/L GAS SALES
Freedom Valu Center #58 David Erickson
7600 University Av NE
Riverboat Food & Fuel Mohamed-Said Zaro
7883 E River Rd
Bona Bros Food & Fuel Brian Bona
5311 University Av NE
Super Stop 1 Raees Chohan
5300 Central Av NE
LICENSE REQUESTS - MARCH 26, 2007 - PAGE 2
Fridley BP Youssef Rmayti
6485 E River Rd
PR/VA TE GASOL/NE
Determan Brownie, Inc. Thomas Determan
1241 72nd Av N E
MOTOR VEH/CLE BODYREPA/R
Fridley Auto Body, Inc. Harry Herrman
960 Osborne Rd NE
REFUSE HA ULERS
Randy's Sanitation, Inc. Randall Roskowiak
4351 US Hwy 12 SE
Delano, MN 55328
T&L Sanitation Service, Inc. Tad Korfe
1683 Radisson Rd NE
Blaine, MN 55449
MASSAGE THER.4PY
Teresa Kaus
Wellspring Chiropractic Center
6425 Hwy 65 N E
Kelli Jorgenson
Salon Amore
1278 E Moore Lake Dr.
Approved By:
Public Safety Director
Fire Inspector
Community Development
<< << <<
<< << <<
<< << <<
Public Safety Director
Fire Inspector
Community Development
<< << <<
<< << <<
Public Safety Director
Recycling Coordinator
City Clerk
<< << <<
Public Safety Director
City Clerk
<< << <<
LICENSES - MARCH 26, 2007 (CONTINUED)
Type of License � Approved By:
TREE REMOVAL
4 Seasons Tree Care, Inc.
26884 153rd St
Pierz, MN 56364
A Top Notch Service, Inc.
5505 N Hwy 169
Plymouth, MN 55442
Precision Landscape & Tree
942#CRD
Little Canada, MN 55109
Legacy Tree Care
21315 Valley View Terrace
Maple Grove, MN 55311
PAWN SHOP
Pawn America
789 53rd Av N E
JUNK YARD
A-Abco Fridley Auto Parts
7300 Old Central Av
Fridley, MN 55432
Sam's Auto Parts
1240 73 '/ Av N E
Justin Herold
David Nordgaard
Jason Groholski
John Wilson
Bradley Rixmann
Derek Haluptzok
Barry Hoosline
TEMPOR.4RY /NTO/X/CA T/NG L/QUOR
Fridley Columbia Heights Rotary Gordon Backlund
5805 Arthur St NE
(Springbrook Nature Center)
Public Works Director
m
<<
m
Public Safety Director
Public Safety Director
Community Development
Fire Inspector
Building Inspector
<<
Public Safety Director
ON-SALE L/QUOR W/TH ENTERTA/NMENT — FOOD & TOBACCO SALES
Fridley Grill LLC Pickle Park Thomas Tomaro Public Safety Director
7820 University Av NE Building Inspector
Fridley, MN 55432 Fire Marshall
� AGENDA ITEM
CITY COUNCIL MEETING OF
�" °F March 26, 2007
FRIDLEI'
Contractor T e A licant A roved B
D. C. Heatin Heatin /Gas Dennis Borowick Ron Julkowski, CBO
E. L. Management Sign Erector Edward Luna Ron Julkowski, CBO
Electro Neon & Desi n, Inc Si n Erector Michael Ziertman Ron Julkowski, CBO
Elk Mechanical HVAC Inc Heatin /Gas William Kerns Ron Julkowski, CBO
Genadek Landscaping Wrecking License Stanley Genadek Ron Julkowski, CBO
S R Mechanical Heating Ben Skoglund Ron Julkowski, CBO
T& E Mechanical Gas Tim Eide Ron Julkowski, CBO
Wellington Windows Co S ecialt Allison Fa erness Ron Julkowski, CBO
�
�
CffY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 26, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
March 20, 2007
Public Hearing on Liquor License for AMF Bowling Centers, Inc., dba Maple Lanes,
6310 Highway 65 NE, Fridley, MN 55432
Section 603.18 states, "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."
At the time of renewal, Section 603.10.19 states, "the applicant shall submit proof to the City that a
minimum percentage provided above in Section 603.10.18 of the gross sales, derived from the sale of
food and intoxicating liquors of the establishment, for which the "on-sale" license is to be used, is in the
serving of food."
Staff received the AlVg' Bowling Centers, Inc., dba AlVg' Maple Lanes (AMF) liquor license renewal
application for the license year 2007-08. Staff reviewed the application and found that 64% of their
total business was in bowling and miscellaneous income. Of the 36% percent of their business
remaining, they failed to meet the minimum gross food sales of 30% as required for a bowling center.
Their 2006 gross food sales was 29% and their gross liquor sales was $71%.
Staff tried to contact their Regional Director Cynthia Blanc and found they have reorganized and
there is a new Regional District Manager based in Milwaukee, Wisconsin. Staff contacted AMF's
corporate offices in Virginia and spoke with Elizabeth Small. Elizabeth provided detailed sales
information and said the new Regional District Manager Dave Strokota would be providing further
information on their food sales. A letter was sent by Mr. Stokota stating how they intended to
increase their food sales and requesting AMF be placed on probation, as shown in Attachment 1.
Back�round Investi�ation
The Police Department has conducted a background investigation and has found no reason to deny the
license at this time. There were 23 calls for service during the year 2006 due to calls by patrons (16) or
the business (7). These calls ranged from disorderly conduct, theft from vehicle, assault, to one call for
detox services. Police calls averaged out to be .25 calls per $10,000 in revenue.
Hi storv
In reviewing their previous licenses, this is the third time that AlVg' has failed to meet the required
food to liquor ratio. The first time was for the 2002-03 license year. A public hearing was held to
suspend or revoke AMF's license. The public hearing was continued and AMF was placed on
probation. AlVg' changed its operation and food sales began to increase. As a result the city code
was amended in 2003 defining a bowling center and reducing the minimum gross food to liquor sales
from 40%/60% to 30%/70%.
AMF met the requirements for their 2003-041iquor license renewal by having 35% gross food sales
and 65% gross liquor sales.
AMF failed to meet the required food to liquor ratio again for the 2004-OS license year with gross
food sales of 29% and gross liquor sales of 71%. Staff inet with AlVg' regarding their
noncompliance. ANIF said they had remodeled and their kitchen had been closed. They had brought
in Chanticlear Pizza and sandwiches for patrons. They asked if vending machines sales could be
included to help increase their food sales. Staff replied a letter was sent to AlVg' on June 6, 2002,
stating vending machine sales could not be included in food sales because it was not prepared on site
as required by a restaurant. A public hearing was held to suspend or revoke AMF's license. The
public hearing was continued, AMF was placed on probation and their food sales began to increase.
As a result, the city code was amended clarifying language that excluded vending machine sales as
food sales revenue.
AMF met the requirements for their 2005-061iquor license renewal by having 30% gross food sales
and 70% gross liquor sales.
Fridley City Code Section 603.17 states, "the City Council may suspend or revoke any license for the
sale of intoxicating liquor for the violation of any provision or condition of this Chapter or of any
state law or federal law regarding the sale of intoxicating liquor." A public hearing notice,
Attachment 2, was mailed to the corporate offices on March 6, 2007, and published in the Fridley
Sun Focus on March 15, 2007. City Code requires at least ten days notice prior to the public hearing
stating the nature of the charges.
Based on this information, staff recommends the city council hold a public hearing on whether or not
to renew the AMF 2007-08 liquor license
03/06/07 49:53 FAX 8047301313
M.ar l75 Cl? 174:1�p FiMF
� ��_ '
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March 2, 2007 � ��
AMF TAB.
1-262=78Q-015�?
• - -:: -.�:
WtfldmldOH6ifIQ{prjp(y PoPtOfilceBox15060 -----64A-�73o:!1�09Yc�aphone
810p AMF 0live Richmontl, V�rgln�a 23227 —:�., ... ,
Medenicsvilla. Vrgini� 23711
City of.�'z-idley ` �
�.icic l'ribyl
b43 3, tJxti'versity Ave. N.�"s. ��
��� Fr�irltcy, MN 55A�32
R,e: AMF MaUle S�a�zes L:ocated at 6310 klv�'y GS North
Deau-Mr_ i'ribyl:
..�—
I�3m writing ��u i» 1'e�arcis Co t17e liquor licaiise 1`or tlie ai�ov� r114t1tioiied atcottnt. As il�e
ne�v District M�tnager for ihe lYlinne�.�olis area., it has be�n brt�a�,�. zt to �iny attention that
.A_M�' Ma�lt Lancs in Fridley did not succzss�«lly m�:et the 30% footl raEio.
Sirtce we liave not laad a clY�uc� td d:iscuss the re��rcussioiis af �aili�zg;i:a rcacl� the 30%
�'ood ratio, I ha��e taken se�veral proa�tive st�las to con�l�ty with tlie city's ordinancc,:s. Tlie
aCLi01�9 th�tf Z a�1 ta�Ciilg ilc�ve n�ver L` ee�1 i��7�lemenl�d in tl�e past. It is rn}� intenti0��1 CQ
iilitiatc ��-o�ams #hat ti�vill not aaly resolvc'tlYis i3suv now, Utiit will also increase fc�ad
s�les so we ti�vi�l �zvt l�ave �a address ��bmpli;�nce in the �rture. :
[�10p2
p.1
�irst, I 1»�� hired and �laced �ridie�� r�sident Lii�d� Steeves in the �ositioi� of .(`'�ra��reral
M�n��er of A.l�,�IT Maplc l�an�s_ Lind�'s w:tllinglZess to tak.e own�rsltip of �his proL-len�,
and ller c43TiiriitnlEilt to 1nCre�isinb faod sales ti�rill go a long way i�x resc�lvin� �his issue_
Lincla has al1•c�dy rnade it�itial coniacts in the Friclley scllools in a�1 effc�rt to attrlct:. the
youtl2 �,�arket �lnd became llloi'e 117v��veCl !ri t�]e C01zY2TiUiiity.
tti atlditi�n, w� b�v� [ievelaped a rct�iut��r of value added bowling J�ack.cag�s that wi.il
incl�tde �t►od al a very rea:�otlalale �ricc. Tl��s� pack��cs will be t�rgeCi.ng ihe family, teeat�
�nd yot.tth ina�•kets and We: will I�� t�sin� ciu+cct m.ail and otI�et• lacal advzrtisil�g upti�ans to
g4l an iiaztxiGC�iz�l� r�sp�ns��. ,
�'� ckage .Examples:
�+rittley FRmiiy I'un �,'a�lss
Frtmily af�,C+our
Large Pizza &, One �`itcl��r- a� Sod:�
T�vr� �ames of l�c,�vlin�, Frcc Shoe Reuiai
I3irtl�day �aSX►
T�ar�;e Pi�..��, & fiada
T��vo I�ou�-� of F'art-�� Fun,
/IAA'F �4dtvays Ni'�ans FYore!_
Teen E�.trenae �',orvlit�g
�� ou�' tv a ���re ,
bue �,arge Piz.�� �.'c 4ne 1'itcl�er oF Sucl.1
T�w�o X�ours ai��b��iing; N►'ee S�ioe [2ecti;��1
�'onth Tloukrle T'lay '
'�'�vo X�ol' Taogs,'T'3vo SQ�das
7''�'��d ��rnes qi`I�owlin�;, Fi-ee Slioes
� i —�
��� � � 03/p5/07 MON 17I:28 [TX/x!.[ NO 8509I [�1001
�
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03/06/Q7 09:53 FAg 8447301�1� AMF 1:Ag
Mar �5 �:17 l74� l�p t'IMF
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�_�,::�---- -- I _ . ._ _ __ __ . .
Finally, we are workib.� '��ii�i-a contrackaz- azYd l7ave subrzaitt�d rilans foi rcrz�odali�.�;.�:ithin
�.� �/IaP1� �,ancs. The ��estxaaims �uill Ue caz�nrletety remodeled., neu� carpel:in� ��r.i�ll�e
y��stalled, and t1�� �&B arE'.a ti�rill U� fres17ei1�d u� t�vith new fuz�aiture b�i�� i��.cluded.
A.gdin, this is all being done far tl�e >>urpost� o f maltinb tlte center a mu;ch rnorc fan,�ily
�iendly loc�tibn. Yll tkie r�asC ye�r we l.�ave aiso �a�assed a.►�. uoderd�e a1cc�IYa1 coziYpliancc
checi< that is a testaa.nent to our dedieation �0 1'aal�« �11 grovis�c�z�s af o�ur� lic�x�s�nw.
fts you cai� see, A.IvLF is r.7aking �tn c:arn+est e��art to incre�se ilie food tia �leohol ratio an�1
bring it zr�to conlpliance ��ith the City's rec�uir�i�ents. Theref4re, I kirndly reques� dlal
you put AMF Ma.�alc Lani�s on a G ir�.UZ�ih provationary period tivitl� the;ao eemen� �:hat W�-
�r✓ill �nzeet the 30% (or Ltigher) food to alGa]-�al .ratio. Th� AlVZ� carPpr�:tc affice wi11
pravide yau v�ritll d monkl°��y Frafit $�: I.oss Statemen� in�i���irig the focid �n�l alcol::al sales
Fc�r Gac� lt�3an�,a. Pt��s� d.iluw ine ta assu.rc yau that bath t1�e managen�ent t��1X and I i�alce
uvr res��ansibility vcry scriausly a�1c.l are �anirnitted to rrxec�ing any ��� �� al1 lic�nsia�g
requirements. I
Sl�auld you liave at7y qu�5tzons, g18�tS� d0 �tiot hesiLdt� t0 Cq11'�cl iuj�5��1 f at {41 �4) �'�43-
2�01 or Elizabath Small :Lt ($L14) 73�-�G�QS•
�iitc�r�ly�
�� - �
D�.ve Strachota
l'�ti�u�.esota Dist�ict Tvlana�er
GG: Eli2�.bet1� Sx�all
Senior Tax & Licensin� Acc;ouutaut
03/05/07 h1(7N 17:28 [TX�'i:tX NQ 9509] C�Q02
Attachment 2
CITY OF FRIDLEY
Notice of Public Hearing Before the City Council
(Legal Notice)
Notice is hereby given that the Fridley City Council will hold a public hearing at the Fridley
Municipal Center, 6431 University Avenue NE on Monday, March 26, 2007 at 7:30 p.m. on the
question and consideration of suspension or revocation of the intoxicating liquor license for AlVg'
Bowling Centers, Inc., d/b/a Maple Lanes located at 6310 Highway 65 NE, Fridley, MN.
The reason for the proposed suspension or revocation is that Fridley City Code Section 603.10.18
states that in order for a bowling center to be eligible for an on-sale into�cating liquor license, 30%
of its total gross food and liquor ratio must come from the sale of food. Upon reviewal of the renewal
application, staff found Maple Lanes to be out of compliance and in violation of the Fridley City
Code.
Anyone having an interest in this matter should make their interest known at this public hearing.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require au�liary aids should contact Roberta Collins at 572-3500 no later than March 19, 2007.
/s/ Debra A. Skogen, City Clerk
Published: March 15, 2007 in the Fridley Sun*Focus
�
�
CffY OF
FRIQLEY
To
From
Date
Re
AGENDA ITEM
CITY COUNCIL MEETING OF
March 26, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City clerk
Donovan Abbott, Director of Public Safety
March 21, 2007
First Reading of an Ordinance Amending Chapter 602 of the Fridley City Code
Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor
Staff recently reviewed Chapter 602 in conjunction with the amendment allowing 3.2% malt
liquor and or wine at Springbrook Nature Center. During this review we found the Minnesota
Statutes had deleted language referring to "beer" replacing it with "3.2% malt liquor". Staff
went through the entire chapter to make those changes. In addition, staff reviewed the chapter to
see if any other changes or updates were needed.
Staff removed references to taverns, exclusive "on-sale" liquor stores and "public drinking place
license." In addition, staff reviewed and changed the definition under employment of minors to
be consistent with state law.
The police department reviewed Chapter 602 to see if any further changes were necessary. As a
result, the definition of sale, sell or sold has been changed to further clarify and define what a
sale means.
Staff recommends holding the first reading of an Ordinance Amending Chapter 602 of the
Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt
Liquor.
Ordinance No.
ORDINANCE NO.
OFFICIAL TITLE AND SUMMARY
I. Title
An Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be
Consistent with State Law Pertaining to 3.2% Malt Liquor
Page 2
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows: This ordinance amends
Chapter 602 (Beer Licensing) to bring the city code up-to-date and consistent with state law.
The main purpose is to remove the term beer and substitute 3.2% malt liquor in its place.
III. Notice
This Title and Summary has been published to clearly inform the public of the intent and effect of
this ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person
during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University
Avenue N.E., Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2007.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
Ordinance No. Page 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 602 OF THE FRIDLEY CITY CODE
UPDATING LANGUAGE TO BE CONSISTENT WITH STATE LAW PERTAINING TO
3.2% MALT LIQUOR
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 602 of the Fridley City Code be updated to be consistent with state law changing
beer to 3.2% malt liquor and hereby amends and ordains Chapter 602 as follows:
FRIDLEY CITY CODE
CHAPTER 602. 3.2% MALT LIQUOR
602.01. 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. �ee�e� 3.2% � Malt Liquor. Any malt liquor with an alcoholic content of more than
one-half of one percent (.5%) by volume and not more than 3.2% r°r�°�* «.''0�` by weight.
2. Entertainment. Includes, but is not limited to, music; singing; plays; dancing, either by the
public or performers; motion pictures; exposition; performances; male or female reviews;
fashion shows; TV, other than regular public channels; concerts; or any other deliberate act
intended to amuse or entertain patrons and/or employees.
3. Sale, Sell, or Sold. .°
. Includes the
�iving, bartering, providing, or furnishing of 3.2% malt liquor in exchange for any
pavment or compensation, includin� any sale of or char�e for or any other value-based
transaction for the provision of a�lass, pitcher, cup or other container which is then
utilized for the possession and consumption of 3.2% malt liquor. A sale is also defined as
the char�in� of any cover char�e to enter the premises for the purpose of receivin� 3.2%
malt liquor requiring no further pavment or compensation.
. .
602.02. LICENSES REQUIRED
1. Licenses.
No person, except wholesalers and manufacturers to the extent authorized by law, shall
deal in or dispose of by sale or keep or offer for sale, any �ee� 3.2% malt liquor within the
City without first having received a license as hereinafter provided. Licenses shall be of
three kinds: (1) Regular "on-sale"; (2) Temporary "on-sale"; and (3) "Off-sale".
2. Regular "On-sale". Regular "on-sale" licenses shall be granted only to bona fide clubs,
*�e��e� ,�;��° "e� :�a'°"';�„�r �*�r°� restaurants, and hotels where food is prepared and
served for consumption on the premises. "On-sale" licenses shall permit the sale of �ee� 3.2%
malt liquor for consumption on the premises only.
Ordinance No. Page 4
3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to bona fide
clubs and charitable, religious, and nonprofit organizations for the sale of �ee� 3.2% malt
li uor for consumption on the premises only. Said temporary licenses shall be granted upon
written application to the City Council upon forms provided by the City. The provisions of
Chapter 602 of the Fridley City Code, as applicable, shall be observed by said nonprofit
organizations.
4. "Off-sale". "Off-sale" licenses shall permit the sale of �ee� 3.2% malt liquor at retail, in
the original package for consumption off the premises only.
5. Exemption. The serving or disposing of "free" �ee� 3.2% malt liquor without consideration
of purchase of tickets, coupons, goods, services or any means of payment is allowed without a
license. Notwithstanding the license requirements, persons who serve or otherwise dispose of
"free" �ee� 3.2% malt liquor must comply with all laws pertaining to the serving or disposing
of �ee� 3.2% malt liquor. If in the opinion of the Public Safety Director or such Director's
designee, the serving of "free" �ee� 3.2% malt liquor is creating a public safety danger or
infringement of peace and tranquility or violation of laws, persons serving or disposing of
"free" �ee� 3.2% malt liquor shall cease serving or disposing of "free" �ee� 3.2% malt liquor
upon order of a law enforcement officer. Persons who continue to serve or dispose of "free"
�ee� 3.2% malt liquor after being ordered to cease shall be guilty of a misdemeanor. (Ref. 743)
6. Late Night License Endorsement. An on-sale license may be amended to include a Late
Night License Endorsement subject to the terms and conditions imposed by the City Council
within its discretion and otherwise in accordance with the provisions of this Chapter. No
person may sell any �ee� 3.2% malt liquor under any permit issued pursuant to this chapter
after 1:00 a.m. without first obtaining a Late Night License Endorsement. No Late Night
License Endorsement shall be effective after Apri130, 2008. (Ord 1222)
602.03. LICENSE APPLICATIONS
Every application for a license to sell beer shall be made to the City Clerk on a form supplied
by the City and containing such information as the Clerk or the City Council may require. It
shall be unlawful to make any false statement in an application.
602.04. LICENSE FEES
1. Payment Required. Each application for a license shall be accompanied by a receipt from
the City Treasurer for payment in full of the required fee for the license. All fees shall be paid
into the General Fund of the City. Upon rejection of any application for a license, the Treasurer
shall refund the amount paid.
2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last
day of April of each year. Each license except a temporary 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 for a pro rata fee. In computing such
fee, any unexpired fraction of a month shall be counted as one (1) month. A temporary license
shall be issued for a specific period in which a special event to which the sale is incident is being
held and such period shall be stated on the license.
Ordinance No.
3. Fees.
Page 5
Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall
include an "off-sale" license at no additional expense. The annual and temporary license fees
and initial investigation fee shall be as provided in Chapter 11 of this Code.
602.05. GRANTING OF LICENSES
1. Initial Licenses
A. In order to assist the City Council in investigating the facts set out in the application and in order
to determine the eligibility of the applicant for a license, pursuant to the provisions of this Chapter
and of the State Law, the City Council may appoint a License Board. In the event that such
License Board is established, it shall be organized in such a manner as the City Council shall
determine by resolution.
B. All applications for a license shall be referred to the Public Safety Director and to such other City
Departments as the City Manager shall deem necessary for verification and investigation of the
facts set forth in the application. The Public Safety Director shall cause to be made such
investigation of the information requested in Section 602.03 as shall be necessary and shall make
a written recommendation and report to the License Board, or to the City Council, as the case
may be, which shall include a list of all violations of Federal or State law or Municipal ordinance.
The License Board, or City Council may order and conduct such additional investigation as it
shall deem necessary.
C. Upon receipt of the written report and recommendation by the Public Safety Director and within
twenty (20) days thereafter, the City Clerk shall cause to be published in the official newspaper,
ten (10) days in advance, a notice of a hearing to be held by the License Board or the City
Council, setting forth the day, time and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the business and such
other information as the License Board may direct. At the hearing, opportunity shall be given to
Ordinance No.
Page 6
any person to be heard for or against the granting of the license. A license, other than a renewal,
shall not be approved before the next regular meeting of the City Council following such hearing.
D. After receiving such report, recommendation and public comment for the initial license, the City
Council shall conduct within a reasonable time such additional hearing as it may deem advisable
and thereafter shall grant or refuse the application in its discretion.
E. Each license shall be issued to the applicant only. Each license shall be issued only for the
premises described in the application. No license may be transferred to another person or to
another place without complying with the requirements of an original application, including the
approval of the City Council and the Liquor Control Commissioner as required.
F. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter,
submit to the Liquor Control Commissioner the full name and address of each person granted a
license, the trade name, the effective license date, and the date of expiration of the license. The
City Clerk shall also submit to the Liquor Control Commissioner any change of address, transfer,
cancellation or revocation of any license by the Council during the license period.G. Where a
license is granted to premises where the building is under construction or otherwise not ready for
occupancy, the City Clerk shall not issue the license until notification by the Building Inspection
Department that a Certificate of Occupancy has been issued and the building is ready for
occupancy.
Ordinance No.
2. Renewal Licenses
Page 7
A. Applications for the renewal of an existing license shall be made at least 60 days prior to the date
of the expiration of the license and shall be made in such abbreviated form as the City Council
may approve. 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
in 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. (Re£ 806)
Late Night License Endorsement. An on-sale license may be amended to include a Late
Night License Endorsement subj ect to the terms and conditions imposed by the city council within its
discretion and otherwise in accordance with the provisions of this Chapter. An application for a Late
Night License Endorsement shall be made at the same time as, but separate from, an initial license or
license renewal. No Late Night Endorsement granted by the City of Fridley will be effective after
Apri130, 2008. (Ord 1222)
Ordinance No.
602.06. PERSONS INELIGIBLE FOR LICENSES
No license shall be granted to or held by any person who:
1. Is under twenty-one (21) years of age; (Ref. 909)
Page 8
2. Has, within five (5) years prior to the application for such license, been convicted of a
felony, or of violating any law of this State or local ordinance relating to the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquors or �ee� 3.2% malt
li uor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of
sufficient rehabilitation and present fitness to perform the duties of a beer licensee;
3. Is a manufacturer of �ee� 3.2% malt liquor or is interested in the control of any place where
�iee� 3.2% malt liquor is manufactured;
4. Is not of good moral character and repute. If the applicant has been an owner, manager, or
employee of a saloon, 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;
5. Is or during the period of this license becomes the holder of a federal retail liquor dealer's
special tax stamp for the sale of intoxicating liquor at any place, unless there has also been
issued to him or her a local license to sell intoxicating liquor at such place; or
6. Is not the proprietor of the establishment for which the license is issued. (Ref. 14)
602.07. PLACES INELIGIBLE FOR LICENSE
1. Distance from Schools and Churches. Except for those organizations who have been issued temporary
licenses to sell 3.2% ��malt liquor pursuant to Section 602.02.3, no license shall be granted for any
place within 300 feet of any public or parochial school or within 300 feet of any church. In applying this
restriction, the distance shall be measured in a straight line from the school or church building to the main
public entrance of the premises described in the application. (Re£ 294)
2. Unpaid Financial Claims. No license shall be granted for operation on any premises upon which
taxes or assessments or other financial claims of the City are delinquent and unpaid.
602.08. CONDITIONS OF LICENSE
1. General Conditions. Every license shall be granted subject to the conditions in the following
subdivisions and all other provisions of this Chapter and of any other applicable ordinance of the City
or State law.
2. Sales to Minors or Intoxicated Persons. No �ee� 3.2% malt liquor shall be sold or served to any
intoxicated person or to any person under twenty-one (21) years of age. (Re£ 47, 909)
3. Consumption by Minors. No person under the age of twenty-one (21) years shall be permitted to
consume �ee� 3.2% malt liquor on the licensed premises. (Re£ 909)
Ordinance No. Page 9
4. Employment Of Minors. No person under eighteen (18) years of age shall dispense, sell or serve
any 3.2% malt liquor to any individual on the licensed premises. '�° °mr'^��°� ^r *'�° rr°m�°°° ^� °
> >
,,,a i,;�,.�,o„ �,oir �uo� ti�c�
5. Gambling. No gambling or any gambling device shall be permitted on any licensed premises.
Prohibited gambling shall include private social bets not part of or incidental to organized,
commercialized, or systematic gambling. Gambling device shall include slot machines, roulette
wheels, punchboards, dice, video game of chance and pin-ball machines which return coins or slugs,
chips, or tokens of any kind which are redeemable in merchandise, cash or other item of value.
Gambling is prohibited whether or not licensed by the State. (Re£ Ord 1211)
6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of � 3.2% malt
liquor shall have any ownership or interest in an establishment licensed to sell at retail contrary to the
provisions of Minnesota Statutes. No retail licensee and manufacturer or wholesaler of � 3.2%
malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any
benefits contrary to law from a manufacturer or wholesaler of �ee� 3.2% malt liquor and no such
manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
7. Liquor Dealer's Stamp. No licensee shall sell �ee� 3.2% malt liquor while holding or exhibiting
in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed
under the laws of Minnesota to sell intoxicating liquors.
8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor �
��'���z �*'��'�' �"„��'�'�� �'r�„'��„� „'���e�� shall sell or permit the consumption and display
of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with
intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be
prima facie evidence of possession of intoxicating liquors for the purpose of sale.
9. Inspection. Any police officer or health inspector may enter, inspect and search the premises of a
licensee during business hours without a search and seizure warrant and may seize all intoxicating
liquors and other evidence of violations found on the licensed premises in violation of this Chapter.
10. Licensee Responsibility. Licensees shall be responsible for the conduct of their place of business
and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises
authorized to sell or serve �ee� 3.2% malt liquor shall be deemed the act of the licensee as well and
the licensee shall be liable to all penalties provided by this Chapter equally with the employee.
11. Certain Exhibitions and Conduct Prohibited. 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.
12. 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 therein and this City
Code.
A. Social Skill Card Game Tournament
Ordinance No.
Page 10
(1) A social skill card game tournament means one separate and distinct organized contest
involving contestants who compete in a series of elimination card games of social skill as
defined by Minnesota Statute 609.761, subdivision 3.
(2) No licensee shall permit or conduct more than one social skill card game tournament at
any one time on the licensed premise or any adjoining property owned or leased by the
licensee and no social skill card game tournament shall be permitted or conducted except
during the normal hours of operation of the licensed premise.
(3) No licensee shall charge or permit to be charged any fee, cover charge, or buy-in, or
require or permit to be required purchase or consideration of any kind to enter the place where
a social skill card game tournament is occurring as a participant or spectator.
(4) No licensee shall charge or permit to be charged, to either participants or spectators of a
social skill card game tournament, a price for consumer goods which is higher than the price
that is normally charged.
(5) No licensee shall permit wagers in a social skill card game tournament to be made with
currency or any other thing of value except tournament chips or tokens. Tournament chips or
tokens shall represent tournament points only and shall have no cash value or be redeemable
for cash or for any other thing of value, except the point total represented by the players'
accumulation of tournament chips or tokens shall be used to determine winners and/or final
place in a tournament.
(6) No licensee shall permit players or spectators to make any side bets or back bets, or
engage in any other form of gambling, at a social skill card game tournament.
(7) No licensee shall permit the aggregate amount or fair market value of prizes offered or
given in any single social skill card game tournament to exceed $200 and no licensee shall
award or permit to be awarded prizes exceeding a$200 value to any one social skill card
game tournament participant on any one day.
(8) No licensee shall award or permit to be awarded any prize consisting of intoxicating
liquor, beer, or wine, or certificate for future consideration of same, in a social skill card game
tournament.
(9) No person, partnership, corporation, or other organization, other than the licensee, shall
conduct or be permitted to conduct a social skill card game tournament on a licensed premise
without first having obtained a tournament service provider license pursuant to this Chapter.
Ordinance No.
B. Social Skill Card Game Tournament Service Provider
Page 11
(1) A person, partnership, corporation, or other organization, other than the licensee, who
conducts, organizes supplies or promotes a social skill card game tournament on a premise
licensed under this Chapter, is a social skill card game tournament service provider.
(2) No person, partnership, corporation, or other organization shall act as a social skill card
game tournament service provider without first having obtained a license to do so from the
City Council.
(3) All applications for tournament service provider licenses shall be made to the City
setting forth all information necessary to show whether or not the person, partnership,
corporation, or other organization qualifies for such a license under this Chapter,
together with such additional information as may be required by the City Council. A
completed application form must include the full true names, dates of birth, social
security numbers and addresses of all persons financially interested in the business
and/or all persons who are either on the Board of Directors of or hold offices in the
entity or organization. The term "persons financially interested in the business" shall
include all persons who share in the profits of the business.
(4) All applications for a license shall be referred to the Public Safety Director for
verification and investigation of the facts set forth in the application. The Public Safety
Director shall cause to be made such investigation of the information requested as shall
be necessary and shall make a written recommendation and report to the City Council
which shall include a list of all violations of Federal or State law or Municipal ordinance.
The City Council may order and conduct such additional investigation as it shall deem
necessary. In making a determination of suitability for a tournament service provider
license, the City Council shall consider the background of each person, partner,
corporate officer or individual applicant.
(5) No license shall be granted or held by any person who has been convicted, within 15
years prior to the application of such license, of any felony violation of any law of the
United States, the State of Minnesota, or any other state or territory, or of any local
ordinance involving or related to theft or gambling.
(6) The annual license fee and expiration date shall be as provided in Chapter 11 of this
Code.
602.09. HOURS
1. Closing Hours. No sale of k�ee�e� 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 12:00 noon on
Sunday. No sale may be made on Christmas Day, December 25; or after 8:00 p.m. on Christmas Eve,
December 24. (Ref. 501, 550, 602, 647, 783, 932, 982)
2. Remaining on Premises. It shall be unlawful for any persons or customers, other than the licensee
or their employees, to remain on the premises after 1:30 a.m. There shall be no consumption of wine,
3.2% � malt liquor, or any intoxicating liquor by any persons, including licensees or their
employees, after 1:30 a.m.
Ordinance No. Page 12
3. Notwithstanding the foregoing, a sale of �iee�-e� 3.2% �� malt liquor may occur on a
licensed premises 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. No sale of �iee�-e� 3.2 percent
intoxicating liquor for consumption on any license premises for which a Late Night
Endorsement has been granted by the city shall occur between 2:00 a.m. and 8:00 a.m. on the
days of Monday through Saturday. It shall be unlawful for the persons or customers, other
than the licensees or their employees, to remain on a licensed premises for which a Late Night
License Endorsement has been granted by the city, nor shall there be any consumption by any
persons, including the licensees and their employees on such premises, more than one half-hour
after closing of operations for that day and, in no event, later than 2:30 a.m. (Ord 1197)
602.10. CLUBS
No club shall sell � 3.2% malt liquor except to members and to guests in the company of
members.
602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION
1. Age Misrepresentation. Persons under twenty-one (21) years of age shall not misrepresent their
age for the purpose of obtaining �ee� 3.2% malt liquor. (Ref. 909)
2. Inducing Purchase. No person shall induce a person under the age of twenty-one (21) years to
purchase or procure 3.2% malt liquor e�ee�.
3. Procurement. No person other than the parent or legal guardian shall procure 3.2% malt liquor e�
�ee� for any person under the age of twenty-one (21) years. This section shall not prohibit the use of
a person under the age of twenty-one (21) to attempt to purchase or procure 3.2% malt liquor or �ee�
from a licensee in a test of the licensing department, or in conjunction with a compliance check effort
that has been pre-approved by the Fridley Police Department.
4. Possession. Persons under twenty-one (21) years of age shall not have �ee� 3.2% malt liquor in
their possession with the intent to consume it at a place other than the household of their parents or
guardians. (Ref. 909)
5. Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on
the premises of a licensee unless said licensee is also licensed to sell intoxicating liquors ^r�
��r„�.i;,. ,a,-;,,i,;,,,. ri.,,.o i;,.o„�o��
602.12. ENTERTAINMENT LICENSE REQUIRED
No person operating an establishment in the business of selling, permitting to be displayed or
consumed an intoxicating liquor or 3.2 percent malt liquor shall permit any entertainment on the
premises without having secured a license from the City Council to permit such entertainment.
Ordinance No. Page 13
602.13. LIABILITY INSURANCE
1. Every person licensed to sell � on-sale or off-sale retail intoxicating liquor or 3.2% � malt
liquor °* ^r °°�° ^r ^�� °°�° ^r ^r °°�° or wine shall demonstrate proof of financial responsibility with
regard to liability imposed by Minnesota Statutes, Section �^��� 304A.801 to the City Clerk as a
condition of the issuance or renewal of his or her license. Proof of financial responsibility may be
given by filing (Ref. 1110)
A. A certificate that there is in effect for the period covered by the license an insurance policy or
pool providing the following minimum coverages:
(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 ineans of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for
loss of ineans 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 �*��°� Commissioner of Finance that the licensee has deposited with
the �t-��°� Commissioner of Finance $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 required by Section 602.13.1 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 required by Section 602.13.1 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 required by Section 602.13.1 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 of Section 602.13.1.
Ordinance No. Page 14
5. The operation of an on-sale or off-sale retail intoxicatingz e� 3.2% � malt liquor
'���°�-�°°° °+ � °'° ���' °°'° � °'° or wine business, without having on file at all times
with the City of Fridley the liability insurance policy or other evidence of financial
responsibility required under Section 602.13.1 shall be grounds for immediate revocation of the
license. Notice of 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
requirements of Section 602. 13. 1 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
Director of Public Safety.
602.14. 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 intoxicating liquor, 3.2% malt liquor, �ee� or
wine 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 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 602.15.B 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.
Ordinance No. Page 15
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. 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 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. The 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 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.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 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.
602.15. VIOLATIONS
1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells
any intoxicating liquor, 3.2% malt liquor, �ee� 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, �ee� or wine from a licensee is
subject to an administrative penalty. The administrative penalties are as follows:
Ordinance No. Page 16
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; Licensee. If a licensee or an employee of a licensee is found
to have sold any intoxicating liquor, 3.2% malt liquor, � or wine to a person under the age of
twenty-one (21) years, the licensee 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 license issued to the licensee 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 license issued to the licensee under this
Chapter for a period not to exceed 30 days.
Third violation within 12 months. The city may permanently revoke the license issued to the
licensee under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, �ee� 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, �ee� or wine while in this capacity is
exempt from the penalties imposed by subdivision A above.
602.16. REVOCATION
The violation of any provision or condition of this Chapter by bee� 3.2% malt liquor licensees
or their agents is ground for revocation or suspension of the license. The license of any person
who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating
liquors at such place shall be revoked without notice and without hearing. In all other cases,
except where mandatory revocation is provided by law without notice and hearing and except
where suspension may be made without a hearing, the holder of the license shall be granted a
hearing upon at least ten (10) days notice before revocation or suspension is ordered. The notice
shall state the time and place of hearing and the nature of the charges against the licensee.
602.17. PENALTIES
Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2007.
First Reading:
Second Reading:
Publication:
Ordinance No. Page 17
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
To: William W. Burns, City Manager
March 26, 2007
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Donovan Abbott, Director of Public Safety
Date
Re
March 21, 2007
First Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City
Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments
Last summer and fall several requests to have patios at licensed on-sale liquor establishments came to
the attention of staf£ Staff researched the issue and met with the design review committee to discuss
a possible amendment to the city code relating to a request for a patio. Issues of zoning, police
enforcement, and public access and safety were addressed. It was determined the city could create a
Patio Endorsement describing the regulations, process and violations. This Patio Endorsement could
be included in Chapters 602, 603 and 606 of the City Code. It was also determined, due to the
current license fees, the city would not charge an additional license fee for this endorsement, but
require that the applicant apply for and pay for the appropriate building permits and fees.
After this meeting, staff contacted a few additional cities to see if they had any other requirements for
patios that could be incorporated into an amendment as well. We incorporated some of the
requirements from the City of St. Cloud.
This ordinance has been reviewed by the Finance, Community Development, Fire and Police
Departments as well as the City's prosecuting and civil attorneys. In addition, this memo and
proposed ordinance was mailed to all of the on-sale liquor license establishments for them to review
and provide input.
Staff recommends holding the first reading of an ordinance amending Chapters 602, 603 and 606 of
the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments.
ORDINANCE NO.
OFFICIAL TITLE AND SUMMARY
I. Title
An Ordinance Amending Chapters 602, 603 and 606 of the Fridley city Code Creating a Patio
Endorsement for Licensed On-Sale Liquor Establishments.
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows: That Chapters 602, 603 and 606
of the Fridley City Code pertaining to liquor licensing be amended to create a patio endorsement for
licensed on-sale liquor establishments, stating the regulations, application process and clarifying
violations.
III. Notice
This Title and Summary has been published to clearly inform the public of the intent and effect of this
ordinance. A copy of this ordinance, in its entirety, is available for inspection by any person during
regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue
N.E., Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2007.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY
CODE CREATING A PATIO ENDORSEMENT FOR LICENSED ON-SALE LIQUOR
ESTABLISHMENTS
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapters 602, 603 and 606 related to liquor licensing be amended to create a patio
endorsement and hereby ordains as follows:
Section 1: That Chapter 602. 3.2% Malt Liquor is hereby amended as follows:
602.14. PATIO ENDORSEMENT
Statement of Poli
The sale of 3.2% malt liquor pursuant to anv of the licenses issued in accordance with Chapters
602, 603 and 606 of the City Code will be limited to the sale and consumption inside of a
structure on the licensed premises, unless the licensee a�lies for and receives a�roval from the
City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on
the licensed premises.
2. Re�ulations
A. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise buildin�/structure. The conti�uous area will not be part
of a public street, sidewalk or other public �rounds.
B. Access to the batio shall be directiv from the licensed bremise with no direct access other
than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by
passin t� hrou�h the normal interior public areas of the licensed premise.
C. The patio shall be clearlv delineated bv a permanent installed fence, or other structure or
barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio.
The fence shall be desi�ned and constructed in a manner that discoura�es or deters the
passin� of any re�ulated, controlled or prohibited items outside from one side of the
fence to the other side of the fence.
D. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the
Minnesota Buildin� Code to prohibit free passa�e of an�person or substance from the
licensed area.
E. Patios in direct contact with, or immediately adj acent to a parkin� area for motor vehicles
shall have sufficient barriers installed to prevent the accidental or intentional incursion of
vehicles into the patio space.
Ordinance No.
Page 2
F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for
every 8 seats.
G. The batio shall be blaced in area to meet the state and federal accessibilitv reauirements.
H. There shall be no live entertainment or the use of sound producing equipment in the patio
enclosure.
I. The sale and consumption of 3.2% malt liquor within the patio is limited to the hours
commencin� at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor
a�ent of any license will serve, dispense, possess, display, or in any manner furnish 3.2%
malt liquor at any other time.
J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. A�lication
Anv restaurant to which an on-sale 3.2% malt liquor license has been issued mav submit an
application for a patio endorsement. The a�plication shall contain a description of the outdoor
area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area
to be licensed. The a�plication will also include a detailed description of the barriers that will be
used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and
fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
This a�plication must be submitted to the City Clerk for review and comment by the Police
Department, Fire Department, and Community Development Department before submission to
the City Council. The City staff will review the suitability of the proposed licensed area in li�ht
of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the
licensee in maintainin� order and obeving a�licable 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 surroundin� land, adequacv of li�htin�, a�ropriateness of
noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin�
and leavin� for purposes of preventin� consumption bv minors and safetv of seatin�
arran�ements.
If the patio endorsement is a�proved by the City Council, the licensee would be required to a�ply
for and pav for the a�propriate buildin� permits and fees.
4. Violations
A. It shall be a violation of this code, bv the license holder and/or anv emplovees or a�ents
of the license holder, to permit, allow or fail to prevent persons from directly accessin�
the patio.
Ordinance No.
Page 3
B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ent of
the license holder to provide, furnish or �ive, or to allow any other person to provide
furnish or �ive any 3.2% malt liquor, tobacco products, weapons, or any other re�ulated
controlled or prohibited items (for example, dru�s, 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 re�ulatin� the sale of
3.2% malt liquor which occur in the patio area will be considered as a violation of the
principal on-sale license for the premises.
tin� 602.15. Administrative Offenses
tin� 602.16. Violations
tin� 602.17. Revocation
tin� 602.18. Penalties
Section 2: That Chapter 603. Intoxicating Liquor is hereby amended as follows:
603.25. PATIO ENDORSEMENT
Statement of Poli
The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters
602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on
the licensed premises, unless the licensee a�plies for and receives a�proval from the City
Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the
licensed premises.
2. Re�ulations
A. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise buildin�/structure. The conti�uous area will not be part
of a public street, sidewalk or other public �rounds.
B. Access to the batio shall be directiv from the licensed bremise with no direct access other
than an emer�encv exit exit onlx) equi�ed with an alarm, from anv area other than bX
passin� throu�h the normal interior public areas of the licensed premise.
C. The patio shall be clearly delineated b�permanent installed fence, or other structure or
barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio.
The fence shall be desi�ned and constructed in a manner that discoura�es or deters the
passin� of any re�ulated, controlled or prohibited items outside from one side of the
fence to the other side of the fence.
D. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the
Minnesota Buildin� Code to prohibit free passa�e of an�person or substance from the
licensed area.
Ordinance No.
E. Patios in direct contact with. or immediatelv adi acent to a barki
Page 4
area for motor vehicles
shall have sufficient barriers installed to prevent the accidental or intentional incursion of
vehicles into the patio space.
F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for
everv 8 seats.
G. The patio shall be placed in area to meet the state and federal accessibilitv requirements.
H. There shall be no live entertainment or the use of sound producin� equipment in the patio
enclosure.
I. The sale and consumption of intoxicatin� liquor within the patio is limited to the hours
commencin� at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor
a�ent of any license will serve, dispense, possess, display, or in any manner furnish
intoxicatin� liquor at any other time.
J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota
state statutes shall a�lv.
3. A�plication
restaurant to which an on-sale intoxicatin� or wine license has been issued mav submit an
application for a patio endorsement. The a�plication shall contain a description of the outdoor
area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area
to be licensed. The a�lication will also include a detailed description of the barriers that will be
used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and
fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
This a�lication must be submitted to the Citv Clerk for review and comment bv the Police
Department, Fire Department, and Community Development Department before submission to
the Citv Council. The Citv staff will review the suitabilitv of the proposed licensed area in light
of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the
licensee in maintainin� order and obeving a�licable 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 surroundin� land, adequacy of li�htin�, a�propriateness of
noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin�
and leavin� for purposes of preventin� consumption by minors and safety of seatin�
arran�ements.
If the patio endorsement is a�roved bv the Citv Council, the licensee would be required to a�lv
for and pav for the a�propriate buildin� permits and fees.
Ordinance No.
4. Violations
Page 5
A. It shall be a violation of this code, by the license holder and/or any employees or a�ents
of the license holder, to permit, allow or fail to prevent persons from directly accessin�
the patio.
B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ents of
the license holder to provide, furnish or �ive, or to allow anv other person to provide,
furnish or �ive any liquor, tobacco products, weapons, or any other re�ulated controlled
or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or
barrier to the other.
C. Anv violation of the provisions of this Code or of the state law re u� latin� the sale of
liauor which occur in the batio area will be considered as a violation of the brincibal on-
sale license for the premises.
tin� 603.26. Administrative Offenses
tin� 603.27. Violations
tin� 603.28. Penalties
Section 3. That Section 606. Intoxicating Liquors — On-Sale Clubs is hereby amended as
follows:
606.12. Patio Endorsement
The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters
602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on
the licensed premises, unless the licensee a�plies for and receives a�proval from the City
Council for a Patio Endorsement to allow the sale and consumbtion outside of a structure on the
licensed premises.
2. Re�ulations
A. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise buildin�/structure. The conti�uous area will not be part
of a public street, sidewalk or other public �rounds.
B. Access to the patio shall be directly from the licensed premise with no direct access other
than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by
passin� throu�h the normal interior public areas of the licensed premise.
C. The patio shall be clearlv delineated bv a permanent installed fence, or other structure or
barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio.
The fence shall be desi�ned and constructed in a manner that discoura�es or deters the
passin� of any re�ulated, controlled or prohibited items outside from one side of the
fence to the other side of the fence.
D. Panic and fire exit hardware shall be installed on the fence or barrier and comblv with the
Minnesota Buildin� Code to prohibit free passa e� of anv person or substance from the
licensed area.
Ordinance No.
E. Patios in direct contact with. or immediatelv adi acent to a barki
Page 6
area for motor vehicles
shall have sufficient barriers installed to prevent the accidental or intentional incursion of
vehicles into the patio space.
F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for
everv 8 seats.
G. The patio shall be placed in area to meet the state and federal accessibilitv requirements.
H. There shall be no live entertainment or the use of sound producin� equipment in the patio
enclosure.
I. The sale and consumption of liquor within the patio is limited to the hours commencin�
at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor a�ent of any
license will serve, dispense, possess, display, or in any manner furnish intoxicatin� liquor
at any other time.
J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota
state statutes shall a�lv.
3. A�plication
club to which an on-sale intoxicatin� or wine license has been issued mav submit an
application for a patio endorsement. The a�plication shall contain a description of the outdoor
area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area
to be licensed. The a�lication will also include a detailed description of the barriers that will be
used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and
fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
This a�lication must be submitted to the Citv Clerk for review and comment bv the Police
Department, Fire Department, and Community Development Department before submission to
the Citv Council. The Citv staff will review the suitabilitv of the proposed licensed area in light
of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the
licensee in maintainin� order and obeving a�licable 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 surroundin� land, adequacy of li�htin�, a�propriateness of
noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin�
and leavin� for purposes of preventin� consumption by minors and safety of seatin�
arran�ements.
If the patio endorsement is a�roved bv the Citv Council, the licensee would be required to a�lv
for and pav for the a�propriate buildin� permits and fees.
Ordinance No.
Page 7
4. Violations
D. It shall be a violation of this code, by the license holder and/or any employees or a�ents
of the license holder, to permit, allow or fail to prevent persons from directly accessin�
the patio.
E. It shall be a violation of this code bv the license holder and/or anv emplovees or a en� ts of
the license holder to provide, furnish or �ive, or to allow any other person to provide,
furnish or i� ve anv liquor, tobacco products, weapons, or anv other re�ulated controlled
or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or
barrier to the other.
F. Any violation of the provisions of this Code or of the state law re�ulatin� 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.
tin� 602.13. Prohibited Sales
� 602.14. Conduct Prohibited
�9�-�4 602.15. Administrative Offenses
� 602.16. Violations
� 602.17. Revocation
� 602.18. Penalties
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2007.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
Page 1 of 2
Skogen, Deb
From: Abbott, Don
Sent: Thursday, March 22, 2007 4:09 PM
To: Skogen, Deb; Pribyl, Rick
Subject: FW: Another try
Attachments: Don Abbott.vcf
Here's Carl's preferred verbage. Looks very good to me.
Don Abbott, Public Safety Director
City of Fridley Minnesota
6431 University Ave NE
Fridley, MN 55432
Phone: 763-572-3625
Fax: 763-572-3651
email:- abbottd@ci.fridley.mn.us
From: Newquist Law [mailto:newquistlaw@isd.net]
Sent: Thursday, March 22, 2007 4:04 PM
To: Abbott, Don
Cc: cjn@isd.net
Subject: RE: Another try
Carl's suggestion is:
It shall be a violation of this code by the license holder and/or any employee or agent of the license holder to
provide, furnish or give, or to allow any other person to provide, furnish or give any 3.2°/o malt liquor, tobacco
praducts, weapons, or any other regulated, controlled or prohibited items, such as drugs, dice, cards, etc., from
one side of the patio fence or barrier to the other side.
Newquist & Herrick Law Offices, P.C.
6401 University Avenue Northeast, Suite 301
Fridley, Minnesota 55432
763-571-6870 - Office
763-571-6884 - Fax
From: Abbott, Don [mailto:AbbottD@ci.fridley.mn.us]
Sent: Thursday, March 22, 2007 3:40 PM
To: newquistlaw@isd.net
Subject: Another try
A. It shall be a violation of this code by the license holder andlor anv employees or a�ents of the license holder, or
any other �erson, to provide furnish or g ve• or for the license holder and/or any emplovees or a�ents to allow
anyone to provide, furnish, or ive any 3 2% malt liquor, tobacco products weapons or anv other re�ulated
controlled or �rohibited items (for example dru�s dice caxds etc ) from one side of the fence or bamer to the
other.
60
3/22/2007
�
�
CffY OF
FRIDLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
March 20, 2007
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS #07-02, Eugene Jankowski
M-07-09
INTRODUCTION
The petitioner, Eugene Jankowski, is seeking to replat two large single family lots at 1400 and
1420 Rice Creek Road, into three single family lots.
Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot
area of 9,000 square feet. The proposed Lot #1 will be 102.58 feet in width and 43,953 square
feet in size after the replat. The proposed Lot #2 will be 75 feet in width and 16,642 square feet
and proposed Lot #3 will be 75 feet in width and 17,890 square feet in size after the replat. As a
result of the subdivision, all three newly created lots will meet the minimum standards for
properties in the R-1, Single Family zoning district.
PLANNING COMMISSION RECOMMENDATION
At the March 7, 2007, Planning Commission meeting, a public hearing was held for PS #07-02.
After a brief discussion, the Planning Commission recommended approval of the preliminary
plat request, PS #07-02, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Property owner of record shall obtain all necessary permits prior to construction.
2. Property owner of record at time of building permit application to pay required $1, 500
park fee prior to issuance of a building permit for Lot #2.
3. Property owner of record at time of building permit application to pay all water and
sewer connection fees prior to issuance of a building permit.
4. Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
5. Petitioner shall provide easements as shown on preliminary plat drawing.
6. Driveway on Lot #1 shall be moved to be within 3 feet of the property line or moved
to be within the property line and a letter shall be submitted stating that the property
owner of Lot #2 is in agreement with the fact that the driveway on Lot #1 is located
on the property line.
City of Fridley Land Use Application
PS #07-02 March 7, 2007
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Eugene Jankowski
2812 31St Avenue NE
Minneapolis MN 55418
Requested Actions:
Replat two single family lots to create
three single family lots.
Existing Zoning:
R-1, Single Family
Location:
1400 & 1420 Rice Creek Road
Size of Property:
Total = 78,485 sq. ft. 1.8 acres
Existing Land Use:
Two Single Family homes.
Surrounding Land Use & Zoning:
N: Single Family home & R-1
E: Single Family home & R-1
S: Single Family home & R-1
W: Single Family home & R-1
Comprehensive Plan Conformance:
Consistent with Plan.
Zoning Ordinance Conformance:
Each lot will meet or exceed the City's
minimum lot size standard.
Property History:
1400 Rice Creek Road:
1939 — Auditor's Sub #22 is platted.
1956 — House constructed.
1959 — Detached garage constructed.
1964 — Addition to garage.
1977 — Addition to home.
1420 Rice Creek Road:
1951 — Original house constructed.
2004 — Property replatted.
2006 — House demolished.
2007 — New house is currently being
constructed.
Legal Description of Property:
1400 Rice Creek Road:
Lot 15, Auditor's Subdivision #22
1420 Rice Creek Road:
Lot 1, Block 1, Klucsar Addition
Public Utilities:
Utilities available in the street.
Transportation:
Homes will be accessed from Rice Creek Road.
Physical Characteristics:
Large lots that slope to the south, with typical
suburban landscaping.
SUMMARY OF REQUEST
The petitioner, Mr. Jankowski is seeking to
replat two large single family lots into three
single family lots at the properties located at
1400 and 1420 Rice Creek Road.
SUMMARY OF ANALYSIS
City Staff recommends approval of the replat
request, with stipulations.
• Proposed lots exceed the size standards
required by the City of Fridley Zoning Code.
• Provides additional homeownership
opportunities for Fridley residents
CITY COUNCIL ACTION / 60 DAY DATE
City Council — March 26, 2007
60 Day Date — April 2, 2007
Staff Report Prepared by: Stacy Stromberg
PS #07-02
ANALYSIS
The petitioner, Eugene Jankowski, is seeking to replat two large single family lots at 1400 and
1420 Rice Creek Road, into three single family lots.
In 2004, the property at 1420 Rice Creek Road, which was 42,208 square feet in size, was sub-
divided from one large single family lot into two single family lots. As a result of that plat
request, a new home was constructed on what was the southern portion of 1420 Rice Creek
Road and is now 1424 Rice Creek Road. Since then, the original home at 1420 Rice Creek
Road has been demolished and another new single family home is being constructed in its
place.
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Properties outlined in black are involved in replat request
The current preliminary plat request will sub-divide the lot at 1420 Rice Creek Road, which is
28,461 square feet and the lot east of it at 1400 Rice Creek Road, which is 50,024 square feet
into three new single family lots.
Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot
area of 9,000 square feet. The proposed Lot #1 will be 102.58 feet in width and 43,953 square
feet in size after the replat. The proposed Lot #2 will be 75 feet in width and 16,642 square feet
and proposed Lot #3 will be 75 feet in width and 17,890 square feet in size after the replat. As a
result of the subdivision, all three newly created lots will meet the minimum standards for
properties in the R-1, Single Family zoning district.
Lot #1 will remain as is, with the existing house and detached garage. A new single family
home will be constructed on Lot #2 and a new single family home is currently being constructed
on Lot #3.
NEIGHBORHOOD COMMENTS
Staff has heard comments from one neighboring property owner, who was inquiring about how
the two lots would be sub-divided to make three.
RECOMMENDATION
City Staff recommends approval of this preliminary plat request, with stipulations.
• Proposed lots exceed the size standards required by the City of Fridley Zoning
Code.
• Provides additional homeownership opportunities for Fridley residents
STIPULATIONS
Staff recommends that if the plat is granted, the following stipulations be attached.
1. Property owner of record shall obtain all necessary permits prior to construction.
2. Property owner of record at time of building permit application to pay required $1, 500
park fee prior to issuance of a building permit for Lot #2.
3. Property owner of record at time of building permit application to pay all water and
sewer connection fees prior to issuance of a building permit.
4. Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
5. Petitioner shall provide easements as shown on preliminary plat drawing.
6. Driveway on Lot #1 shall be moved to be within 3 feet of the property line or moved
to be within the property line and a letter shall be submitted stating that the property
owner of Lot #2 is in agreement with the fact that the driveway on Lot #1 is located
on the property line.
� AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2007
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS