03/26/2007 - 00029015CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 26, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Varichak
Councilmember Saefke
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director/Treasurer
Don Abbott, Public Safety Director
Fritz Knaak, City Attorney
PUBLIC SERVICE ANNOUNCEMENT:
Renee Long, Fridley Firefighter, presented information on "Sudden Cardiac Arrest." Sudden
cardiac arrest is the loss of heart function. The heart is beating so fast it cannot pump blood and
the person may not have a pulse or be responsive. It is different from a heart attack Sudden
cardiac arrest will take the lives of more than 450,000 people a year. There is no age limitation.
Ninety-five percent of people suffering from sudden cardiac arrest will die before they reach the
hospital. The emergency response time for Fridley is 4 to 6 minutes.
Ms. Long stated that CPR is important, and in 2005, the Heart Association changed the CPR
guidelines to emphasize on chest compression to keep oxygen and blood flowing to the heart.
The old CPR method was 15 compressions and two breaths; the new CPR method is 30
compressions with two breaths. Two years ago, Automatic E�ternal Defibrillator (AED)
Systems were placed in Fire Department vehicles, and at schools, City Hall and the Springbrook
Nature Center. The AED unit is meant to be used with no formal training. Medtronic does fund
training for local staff. The more AED units that are available in public places, the better the
survival rate will be for people who have sudden cardiac arrest. The emergency response team
carries three additional pieces of equipment with them. The rescue pod is a circulatory enhancer,
the combitube enhances CPR and the autopulse does the CPR chest compressions for the
responder. Fridley has an autopulse on demo from Zoll Medical and eventually this will need to
be returned. This piece of equipment is about $15,000.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 2
Ms. Long stated in 2006 they responded to 11 cardiac arrests and had 2 saves. In 2007 there
have been 7 cardiac arrests with a 43% survival rate. The national average survival rate is 10 to
15 %.
Councilmember Barnette asked how difficult the AED is to use.
Ms. Long replied that it is very simple to use. Once the unit is opened it will talk you through
the instructions. You can also ca11911 and they will help with the AED.
Councilmember Barnette stated that he was told if a person is having a heart attack to give
them four aspirin.
Ms. Long replied that if the person was having chest pains that would be okay but if the person
had a stroke or was unresponsive, it would not be okay.
William Burns, City Manager asked where a person could learn CPR or how to use the AED.
Ms. Long replied that the American Heart Association offers classes, the Community Education
Center and health classes at the school. You could also do a general search on the internet and
find information there as well.
Councilmember Bolkcom added that most CPR classes teach the AED placement education at
the same time.
Ms. Long stated that if you are not CPR certified or were certified over 10 years ago, you can
still help the person in cardiac arrest. You cannot make the situation worse by trying to
administer CPR.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 12, 2007.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley City Code Section 31.15
Pertaining to Conduct of Persons in Pawn Shops
William Burns, City Manager, stated the current ordinance makes it a crime to pawn another's
property. The ordinance has been amended at the request of the City Prosecutor. The revisions
add the words "offer or attempt to pawn." Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1240.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 3
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of March 7, 2007.
RECEIVED.
3. Extension of a 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)
William Burns, City Manager, stated the variance was originally granted in January of 2006.
Totino Grace's project has been delayed due to funding issues. They are actively raising funds
for their project, and do expect to begin construction by September of 2008. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Approve Anoka County Community Development Block Grant and Home
investment Partnership Program Cooperation Agreement.
William Burns, City Manager, stated Anoka County is required by federal regulation to go
through a triennial re-qualification process for CDBG and HOME funding. As part of that
process, they must ask us if we want to opt-in or opt-out of the county-wide application. Given
the intense competition and cost involved in going it alone, staff is recommending that Fridley
continue to be a part of the County process.
APPROVED.
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).
William Burns, City Manager, stated the plat combines a ten-acre parcel at 5110 Main Street
that was the former Guardian property with a two acre parcel that John Allen is purchasing from
BNSF. Council approved the preliminary plat on September 25, 2006. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2007-18.
6. Resolution Ordering Preliminary Plans, Specifications and Feasibility Report of
Street Improvement Project No. ST 2008-1.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 4
William Burns, City Manager, said the project contains 4.2 miles of streets and is the last of the
projects included in the City's accelerated street improvement program. It includes the
replacement of bituminous curb and gutter with concrete curb and gutter. It also involves street
base corrections, resurfacing, and corrections of water, sewer, and storm water problems as
required. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-19.
7. Receive Bids and Award a Contract for the 2007 Miscellaneous Concrete Repair
Project No. 370.
William Burns, City Manager, stated there were six responses to the request for bids on a
hypothetical amount of concrete work This work approximates the volume of work we would
do in a typical year. This year's low bidder was a company known as Standard Sidewalk of
Chisago City, Minnesota, in the amount of $76,000. Staff recommends Council's receive the
bids and award the contract to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2007 MISCELLANEOUS
CONCRETE REPAIR PROJECT NO. 370 TO STANDARD SIDEWALK, INC., IN THE
AMOUNT OF $76,000.
8. Receive Bids and Award Contract for Sanitary Sewer Lining Project No. 371.
William Burns, City Manager, stated the bids were opened on March 21 and the lowest of the
five bidders was Veit Specialty Contracting and Waste Management of Rogers, Minnesota. The
amount of the bid is $51,921.47. Staff recommends that Council receive the bids and award the
contract to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT FOR SANITARY SEWER LINING
PROJECT NO. 371 TO VEIT SPECIALTY CONTRACTING & WASTE
MANAGEMENT IN THE AMOUNT OF $54,921.47.
9. Approve 2007 Reappointments to City Commissions.
William Burns, City Manager stated that the following list of individuals have indicated they
would like to be reappointed to the following City commissions.
Plannin� Commission: LeRoy Oquist and Dean Saba terms expire on April 1, 2007. Their new
terms would expire April 1, 2010.
Appeals Commission: Reappointment of Blaine Jones. His term would expire on April 1, 2010.
Appoint Matthew Brown to the vacant position. His term would expire April 1, 2009.
Environmental Quality and Energy Commission: Del Jenkins, Paul Westby and Barbara Johns.
Their terms would expire on April 1, 2010.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 5
Parks and Recreation Commission: Tim Solberg and Michael Heintz. Their terms would expire
on April 1, 2010.
Housin� and Redevelopment Authorit� Reappointment of William Holm. His term would
expire on June 9, 2012.
Each of these individuals has a very good attendance record and has been a valued member of
their respective commissions. Staff recommends Council's approval.
10. Claims (130980 — 131127).
APPROVED.
11. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
Councilmember Bolkcom asked to remove Item 3 from the consent agenda. She also noted that
on Item 9, Jack Velin should be listed as a member of the Planning Commission rather than
Barbara Johns.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
3 and the addition of Jack Velin's name to the Planning Commission on Item 9. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item 3.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
William Leary, 1240 52nd Avenue NE, stated that last Thursday, March 22, he heard a loud
bang and a loud engine outside of his home. He witnessed a person from the neighboring
apartments jump his retaining wall and tear up his lawn. He has lived in his home for 38 years
and does not know how many owners the Skywood Apartments has had. According to a plot
from the 2003 Street Improvement Project, there is a vacant lot between his home and the
apartments that is owned by the City. He asked if there could be a guard rail installed on that
vacant lot to prevent the damage that is happening to his property. He did make a police report
of this incident but is concerned about the roadway the apartment is using ne�t to his property.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 6
He presented some photos of the damage to his property along with photos of debris, oil, peeling
paint, etc. People are dumping along his property line. He has tried to work with the managers
at the apartment and has called the City but nothing has changed.
Mayor Lund said that Mr. Hickok, Community Development Director, would follow up on this
issue.
Scott Hickok, Community Development Director stated that this is directly related to the rental
inspection area and he would follow up on the issue. In the future, if any resident have problems
such as this, they could report it to the Rental Inspection Division.
PUBLIC HEARING:
12. Consideration of an Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a
Maple Lanes, Generally Located at 6310 Highway 65 N.E. (Ward 2)
MOTION by Councilmember Varichak to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:04 P.M.
Richard Pribyl, Finance Director, stated that staff has reviewed the renewal application and the
required financials that go along with the renewal process. The review of the financial
information showed that for the period of January 1 through December 31, 2006, AMF Maple
Lanes' food to liquor ratio was 29% food and 71% liquor. Based on this ratio, staff initiated this
public hearing for the review of the liquor license based on the fact that they did not meet the
30% food ratio as required by the city code.
Mr. Pribyl stated for the license period 2002 to 2003, Maple Lanes failed to meet the food to
liquor ratio. At that time, and the food ratio was 35%. AlVg' was placed on probation for that
licensing period. In 2003, Council redefined the bowling center and reduced the ratio to 30%
food. For the license period 2004 to 2005, AMF failed to meet the food to liquor ratio. The
percentage of food was 29%. You may recall that AMF had remodeled their kitchen causing the
rate to drop. Food sales did increase after the kitchen reopened. For the license period 2005 to
2006 they did meet the food requirement of 30%.
Mr. Pribyl stated currently, AlVg' is at the 29% food to liquor ratio again. The new Regional
District Manager, Mr. Dave Strachota, is here this evening and has provided a letter to staff
indicating the steps he is taking to increase the food sales. Some of the key points include hiring
a Fridley resident to oversee the daily operations as General Manager of AMF Maple Lanes,
involving the business more with area schools, involving management locally, developing
bowling packages, and including food at affordable prices targeting teens, youth and families.
AlVg' will also be remodeling some areas within the bowling center itself.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 7
Mr. Pribyl stated that as required by Section 603.17 of the City Code, City Council shall
conduct a public hearing and may suspend or revoke a license for the violation of a provision
within this section. This location does have a history of probationary periods to correct the food
ratio.
Councilmember Barnette commented that the change that was made to the 30/70 food/liquor
ratio was actually created by state statue exempting bowling alleys.
Mr. Pribyl stated that it allowed a further definition of bowling centers with that reduced ratio.
Councilmember Bolkcom asked if staff had any recommendations regarding the six-month
probation period.
Mr. Pribyl stated that in this license, AMF has had two 6-month probationary periods in the
recent past.
Councilmember Bolkcom asked when the license was up.
Mr. Pribyl answered April 30. He said AMF has had good performance so far this year.
Dave Strachota, District Manager for AMF, stated that there were a number of months that
exceeded the 30% food ratio but the overall year did not make the 30% food ratio. He
introduced Linda Steeves who is the new General Manager of AMF Maple Lanes.
Mayor Lund asked how long Mr. Strachota has been employed with AMF and if he was aware
of the problems.
Mr. Strachota replied 6 to 8 months. He said he was not aware of the problems until about a
month ago. He was told that there were some parameters that the food and alcohol had to be
within and that it was tracked by the corporate office. It is AMF's responsibility to meet the
requirements of the city. He shared reports showing the number of months the 30% food
requirement was met along with a new menu.
Councilmember Bolkcom commented that the report indicated that there were four months at
30% and eight that were not.
Mr. Strachota replied that is correct. He addressed his role with AMF and how he fits into the
picture. The bowling alley relies very heavily on bowling league play. This has changed in the
last 20 years and there has been a slow decline in league bowling since 1982. Unfortunately, due
to the times that leagues bowl, generally food sales during league play are slow. League play is
70 to -75% of the business. People bowl right after work and then go home for dinner or they
have had dinner and then go to bowl. It is difficult to have regular food sales under these
circumstances.
Mr. Strachota stated that there has been no focus on being family friendly either. The center's
bathrooms are in terrible condition. The restrooms will be completely remodeled this spring as
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 8
well as the e�terior painted. The parking lot will be sealed and re-striped; the interior painted,
and there will be new carpet and new furniture. There is a lot of money going into this center to
make it a more attractive place to bring your family. The food strategies include establishing
family deals, birthday bashes and teen e�treme bowling to attract a younger crowd. Staff will be
hired to serve food and provide lane service. Point of sale has been added to track the food sales
on a daily basis. They are prepared to close the bar for specific periods of time to meet the
requirements of the City if necessary.
Councilmember Saefke asked if they still had kids league on Saturday mornings.
Linda Steeves, General Manager stated that they are re-establishing the kid's league.
Councilmember Saefke asked if non-alcoholic beverages were included as part of the food
ratio.
Mr. Pribyl answered that he was not sure, but thought soda was taken out of the food.
Mr. Strachota shared the new menu and noted that appetizers were added that are preferable for
bowlers like chicken wings and smaller items that were not available in the past.
MOTION by Councilmember Bolkcom to move into record the letter from Dave Strachota
dated March 2, 2007. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated that the food/liquor ratio is very important and needs to be
enforced. Some new information was presented tonight and there are good intentions, but a lot
of the information has been heard before. She questioned what will convince the Council it will
happen this time.
Mr. Strachota answered that in the end it turns into performance. He is confident they are
headed in the right direction.
Councilmember Bolkcom stated that the point of sale aspect is positive but asked if they will
really be able to shut down the bar.
Mr. Strachota answered that it will not be easy. They will have to do this during select times to
reduce the sales enough to keep the numbers in line.
Councilmember Bolkcom asked what E�treme Bowling was.
Mr. Strachota answered that it was like Moonlight Bowling only a step up.
Mayor Lund commented that it wasn't universally felt to make an exception because there are
other businesses that meet the 30/70 ratio. It sounds like AMF is on the right track, but Council
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 9
thought they were on track in the past. He asked if AMF had long-term plans to continue a
bowling alley in Fridley.
Mr. Strachota answered that AMF has a lease in that location for 17 years so they plan to be
around for a while. This is one of the reasons for the investment of $250,000 to $300,000 in
improvements.
Mayor Lund stated that the predecessor basically lied to the City Council as a lot of investment
was promised and nothing happened. He has heard from bowlers who said that the kitchen is
closed many times and there was not staff there to even cook. He is reluctant to authorize an
e�tension but would like to preserve the bowling alley. He said he would hate to see the bowling
alley go away. Without the alcohoUliquor license, the bowling alley would struggle.
Councilmember Bolkcom asked if this was an action item or just a public hearing.
Mr. Pribyl stated that this would be brought back at the Apri19 Council meeting.
Fritz Knaak, City Attorney, said this hearing is for review purposes only.
Debra Skogen, City Clerk, stated that staff was looking for direction from Council as to how to
pursue this issue, such as probation, remove the license for a period of time, etc. This would be
brought back to Council on April 9.
Mayor Lund stated that this can be put on the agenda and Council will look at revocation,
suspension or extension.
Councilmember Bolkcom asked if Mr. Pribyl could verify at that time the relation of soda to
the food.
Mr. Pribyl answered that soda is included in the food. Any non-vending items that do not come
from vending machines will be included in the food ratio.
MOTION by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:37 P.M.
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.
Richard Pribyl, Finance Director, stated staff has compiled the first reading to update the
language to be consistent with Minnesota State Statues. The use of the term beer has been
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 10
attached to the term 3.2% malt liquor. Staff has updated the language with this replacement
term. When reviewing the language, staff also recognized to further define the section dealing
with the sales, sell or sold language. This change allows for assistance in the prosecution of
violations within this area of the code and our Public Safety Director was very involved in this
section of the change. Staff made two other changes that removed old language related to
taverns and public drinking place licenses. Staff recommends approval of the first reading of the
ordinance.
Councilmember Barnette asked about the idea of having special sales at the Springbrook
Nature Center and the sale of wine. Wine is over 3.2% alcohol. He asked if they would they
need an exemption to sell the wine with the beer?
Debra Skogen, City Clerk, answered that to sell wine, the organization must have an
intoxicating liquor license. This item just deals with the sale of beer.
Councilmember Varichak noted an additional that under Section 602.03, the word "beer" needs
to be changed.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and approve the
ordinance on first reading with the correction made to Section 602.03. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED.
14. First Reading of and Ordinance Amending Chapters 602, 603 and 606 of the Fridley
City Code Creating a Patio Endorsement for Licensed On-Sale Liquor
Establishments.
Richard Pribyl, Finance Director, stated the City has received several requests last year
regarding allowing local businesses to have patios as an e�tension of their dining areas. Staff has
reviewed ordinance of other cities and incorporated some of the elements from them into this
particular ordinance. This first reading has been reviewed by Finance, Community
Development, Police, Fire and the prosecuting and civil attorneys. The ordinance applies to each
of the sections of the City Code that deal with the sale of non intoxicating liquor (Sections 602,
603 and 606).
Mr. Pribyl stated the high points of this ordinance are that the patio must be attached to the
premises and not part of the public street, sidewalk or other public grounds. Access to the patio
is only from the licensed premises. The patio will have an emergency exit, surrounded by a
fence at least 42" high designed by the applicant to discourage and deter any passing of
regulated, controlled or prohibited items from one side to the other. The patio must meet state
and federal accessibility requirements. No live entertainment or the use of sound producing
equipment shall take place in the patio area. The hours for serving intoxicating beverages on the
patio are from 10:00 a.m. to 10:00 p.m. Staff has mailed copies of this proposal to all restaurants
that own licenses under these sections. Staff has heard from one business and the main concern
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 11
is the entertainment section. Staff has been asked to allow television and or speakers for music
and allow the patio hours to e�tend beyond 10:00 p.m. since the patio business will begin around
9:30 p.m. This owner also felt that should a statewide smoking ban be enacted, the patio would
become more important to these businesses.
Councilmember Bolkcom commented on the 10:00 a.m. to 10:00 p.m. time frame. The reason
for those hours was because of the noise it could create, especially for businesses in residential
areas. She also questioned where businesses would build the patio.
Mr. Pribyl said each place would have to find an area that complies with the ordinance.
Councilmember Bolkcom commented that the business could not use any parking space if it
would put them out of regulation.
Mr. Pribyl stated that the patio could not be in the parking lot the way the ordinance is currently
written.
Scott Hickok, Community Development Director, stated that only if the business had an
abundance of parking available could it work to put the patio on the parking lot if it met the other
criteria. The patio needs to be accessible from inside the building. Some place may need to
rework their site.
Councilmember Bolkcom asked about violations and how they would be enforced.
Don Abbott, Public Safety Director, said the administrative offences are purely for failing a
compliance check This basically says that a violation of this code is a violation of their
intoxicating liquor license. The City could take action against the violation of the license itself.
Councilmember Bolkcom asked how this would be monitored and enforced.
Mr. Abbott said a lot of complaints of this nature would likely come from calls to the Police
Department. It would come through observation of officers or complaints to the City Clerk or
other staff. The complaints would be communicated and an annual summary report would be
created.
Councilmember Bolkcom said if there was a violation, would a letter be created for the owner
of the license and put in their file.
Mr. Abbott answered that the violations would be actionable or chargeable. Violations could
also result in a citation.
Councilmember Bolkcom asked what a SAC unit was.
Mr. Pribyl answered Sewage Availability Charge.
Councilmember Saefke asked if staff looked at any other City ordinances as it relates to time.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 12
Mr. Pribyl said the City Clerk researched this area and specifically looked at the St. Cloud area.
The time element is something that staff had put in place.
Councilmember Saefke asked if cities had any problems with the times, noise or violations.
Ms. Skogen said the majority of the cities surrounding Fridley have no regulations on patios.
Councilmember Saefke asked if St. Paul or Minneapolis had any regulations.
Ms. Skogen answered that staff did not look into those areas but could research and get back to
Council.
Councilmember Barnette said that Minneapolis and St. Paul have open patios with no
structures. Fridley would have a fence attached to the building which should help a great deal.
Many businesses will not be able to create a patio.
Mr. Abbott stated that the time limit does greatly reduce the Police Department's concern. This
does not mean that people cannot step outside; they just cannot take a drink on the patio. This
area will create more dining space for the business. Some businesses in Fridley already have
patios attached to their business and this would codify businesses that currently have outdoor
spaces.
Mayor Lund said staff would need to look at businesses that already have patios to see if they
comply with the new code.
Mr. Pribyl said the business would need to abide by the new code.
Mayor Lund said if they do not comply they would need to shut down their patios.
Mr. Pribyl stated it is an endorsement to their liquor license. If the business is requesting that
type of endorsement, they would need to comply with the terms of the endorsement.
Mayor Lund asked about the consideration of the 10:00 p.m. time limit. This does seem
reasonable but some businesses are open until 1:00 or 2:00 a.m. and are not in close proximity to
residential areas. He asked if there had been any thought to changing the ordinance for those
businesses.
Mr. Abbott answered that several scenarios were discussed such as a buffer zone, etc. What
staff is trying to do is put emphasis on the sale of food versus alcohol. This is an opportunity for
businesses to increase their seating capacity.
Mayor Lund asked if they could use the patio after 10:00 p.m. but just not serve any alcohol.
Mr. Abbott answered the way the current ordinance is worded, it would only limit the
possession, oral consumption or display of alcoholic beverages on the patio space after 10:00
p.m.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 13
Councilmember Varichak commented that 10:00 p.m. seemed very early when the bars are
open unti12:00 p.m. She thought 12:00 midnight seemed more reasonable.
Councilmember Bolkcom stated that the patio is for enhanced seating for dinner. This is an
opportunity for people to sit outside and eat. With the activity of people going in and out we
need to be careful and start out slow. In the future the hours can be e�tended if needed.
Councilmember Varichak said staying open to midnight would let people still enjoy the
outside.
Councilmember Barnette said Councilmember Bolkcom's point was that Council made a
decision a long time ago that the City would have restaurants and not bars. At this time, he
supports the 10:00 p.m. time but in the future Council may realize that 10:00 p.m. is too early.
This will be difficult to enforce for those trying to take their drink outside and have a cigarette.
Mr. Tomaro, Pickled Park, requested special consideration in regards to the time limit and for
music. He said his business is in a commercial, non-residential area. He would like to create an
enjoyable dining experience and use the patio primarily for food service. The goal would be not
to create a noisy patio, but to create a more enjoyable experience for the customers. Having to
police a coke, water or alcoholic drink will be difficult and hard to monitor. Televisions and
background music are common on patios and would create a nice experience. The closing time
of 10:00 p.m. would hamper entertainment. He would like Council to consider a provision that
since they are in a commercial, non-residential area, they could stay open until the end of
business hours.
Councilmember Barnette asked staff to check out other establishments in the area.
Councilmember Bolkcom suggested checking nearby cities such as Columbia Heights. She
said they should look at issues where the business is not ne�t to residents and to remember the
goal is to focus on dining. She suggested leaving the time at 10:00 p.m. and if it works, the time
could be e�ended in the future.
Mayor Lund stated that he had no problem passing this first reading and asked if all
establishments have received information on this issue.
Mr. Pribyl answered that every business that holds a liquor license received a copy and staff has
not received any comments.
Mayor Lund stated that it all boils down to common sense and being neighborly. He was not
against a television on the patio as long as it did not interfere with neighbors. At the ne�t reading
there may be more comments from establishments. Council will look at both ways, both 10:00
p.m. closing and midnight.
Councilmember Saefke asked about the 3.2% beer that is sold in Commons Parks and what the
closing time there was.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 14
Ms. Skogen said there was no time limit.
Councilmember Saefke commented that would be inconsistent.
Councilmember Bolkcom asked how the City could enforce this issue.
Councilmember Saefke said if people left the bar to go outside to escape the noise, why they
want music on the patio.
MOTION by Councilmember Barnette to waive the reading of the ordinance and to approve the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED.
Mayor Lund asked staff to look into the times, televisions, music, etc., before the second
reading.
Councilmember Bolkcom asked when the second reading would be scheduled.
Mr. Pribyl answered April 9.
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 NE (ward 2)
Scott Hickok, Community Development Director, 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. 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. Proposed Lot #1 will be 102.58 feet in width and
43,953 square feet in size after the replat. Proposed Lot #2 will be 75 feet in width and 16,642
square feet. Proposed Lot #3 will be 75 feet in width and 17,980 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. At the March 7, 2007,
Planning Commission meeting, a public hearing was held. After a brief discussion, the Planning
Commission recommended approval of the preliminary plat request, PS #07-02, with six
stipulations. The motion carried unanimously. Staff recommends Council's approval.
Councilmember Bolkcom asked if staff received a letter regarding the driveway.
Mr. Hickok answered that he would check with staff. The stipulation is something to reference.
Either there will be a letter on file regarding the property line issue, or the driveway will be
moved to be within City Code..
Mayor Lund commented that stipulation number six should read "moved to be MORE than 3
feet of the property line.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 15
Councilmember Bolkcom asked if the petitioner had any comments or would like to address the
driveway issue.
Eugene Jankowski, 1400 Rice Creek Road, said his son owns the property and they will do
what is necessary.
Councilmember Varichak asked if it would be a problem if the son moved and the new owner
does not like the drive way.
Mr. Hickok answered that once a letter is on file, the driveway will stay that way as it was a pre-
existing condition.
MOTION by Councilmember Varichak to approve Preliminary Plat Request, PS #07-02 with
the following six 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 more than 3 feet of 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.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED.
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
NE (Ward 2)
Councilmember Bolkcom stated this e�tension request is for more than a year. She suggested
e�tending it until January, 2008, and revisiting the item at that time. She said she realized that
the e�tension was related to funds, but she would not support a two-year e�tension.
FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 16
MOTION by Councilmember Varichak to approve the e�tension of Variance Request, VAR
#06-01, for Totino-Grace high School, to January, 2008. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED.
16. Informal Status Reports.
Councilmember Bolkcom said that Springbrook Nature Center will be holding a Spring Fling
Event on Saturday April 7 from 12:00 to 4:00 p.m. There will be a petting zoo, egg hunt, etc.
Call or stop at the Nature Center if you are able to volunteer for this event. Admission is $5.00
for non-residents, $4.00 for Fridley residents, and children 2 and under are free.
Mayor Lund announced that the Lions will be having a pancake breakfast on Sunday, April 1.
Also, the first recycling event will be on April 14, from 9:00 a.m. to 1:00 p.m.
Councilmember Bolkcom added that if residents needed more information they can find it on
the website. Residents should have received a letter in the mail regarding this event.
Councilmember Bolkcom thanked everyone for attending the comprehensive plan meetings.
The ne�t meeting will be on Apri12. Reference the Fridley website for additional information.
Mr. Hickok stated that feedback from the Comprehensive Planning Meetings is on the website
and on file at the City. The meetings will also be on cable television.
Councilmember Bolkcom stated that the Comprehensive Planning Meeting on Apri12 will have
different information than the first meeting.
Councilmember Varichak announced the Fridley High School spring play, Chicago—The
Underside, will be held Thursday, Friday and Saturday at 7:30 p.m. The students wrote the play.
William Burns, City Manger said that the April Newsletter should be out this week.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:57 P.M.
Respectfully Submitted by,
Krista J. Monsrud Scott Lund
Recording Secretary Mayor