CCM 12/11/2017
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 11, 2017
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT:
Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Scott Hickok, Community Development Director
Shelly Peterson, Finance Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 27, 2017.
APPROVED.
NEW BUSINESS:
1.Received the Minutes from the Planning Commission Meeting of November 15, 2017.
RECEIVED.
2.Final Plat Request, PS #17-04, by Fridley Land LLC to Replat the Lot North of 4800
East River Road, to Allow Further Redevelopment of the Property. This Replat will
Create Two New Industrial Lots;
and
Resolution Approving Final Plat, P.S. #17-04, by Fridley Land LLC, to Allow Further
Redevelopment of the Properties Generally Located North of the Property 4800 East
River Road N.E. (Ward 3).
APPROVED FINAL PLAT REQUEST, PS #17-04 BY FRIDLEY LAND, LLC, AND
ADOPTED RESOLUTION NO. 2017-65.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 2
3.Resolution Certifying Final Tax Levy Requirements for 2018 to the County of Anoka.
ADOPTED RESOLUTION NO. 2017-66.
4.Resolution Adopting a Budget for the Year 2018 and a Revised Budget for the Year
2017
ADOPTED RESOLUTION NO. 2017-67.
5.Resolution Confirming the Statutory Level of Tort Limits.
ADOPTED RESOLUTION NO. 2017-68.
6.Approve Change Order No. 1 for Oak Glen Creek Pond Expansion Project No. 17-446.
APPROVED.
7.Approve Change Order No. 2 for Main Street Trail Project No. ST2015-021
APPROVED.
8.Claims 178919 - 179012
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION
by Councilmember Barnette to approve the Proposed Consent Agenda as presented.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION
by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 3
PUBLIC HEARING:
9.Consideration of Text Amendment, TA #17-02, by the City of Fridley, to Amend
Fridley City Code, Section 205-30 O-5, Telecommunication Towers and Facilities
District, to Accommodate Recent Legislative Changes Related to Small Wireless
Installations in the Right-of-Way
MOTION
by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:09 P.M.
Scott Hickok,
Community Development Director, said he would present Item Nos. 9 through
12 together. In October, 2016, a text amendment was approved to this code section to allow
small cell technology within the right-of-way provided certain conditions could be met. The
City was proactive by creating its own set of regulations, because we were getting requests from
telecom users to locate their equipment in the right-of-way which was not allowed at the time.
Mr. Hickok
stated the wireless telecommunications industry has since lobbied for legislation to
make it easier for them to locate their facilities within the public right-of-way as quickly and
inexpensively as possible. As a result, the legislature has created standard regulations for cities
that address small wireless facilities in state law and there are limits on local governments’
abilities to regulate them. Small wireless facilities are now defined in statute. Previously, there
was no universal definition, so the City developed its own. Other definitions were added that
were created by new legislation.
Mr. Hickok
said the legislation makes all small wireless facilities in non-residential districts
permitted uses and allows cities to make small wireless facilities in residential districts special
uses. City staff has developed further criteria for both permitted and special uses and separated
the provisions for non-residential and residential installations in the code.
Mr. Hickok
noted the legislation allows installation of small wireless facilities on city utility
poles and places restrictions on the amount of rent and other fees that cities may impose. The
ordinance needed to reflect this right which is $150/year for rent to occupy the space, up to
$25/year for maintenance associated with the space occupied, and a monthly fee for electricity, if
not purchased directly from the utility. The legislature created a unique application processing
that permits multiple installations to be included on a single application, as well as a special
timeline for processing these applications that needed to be included in the City’s ordinance.
There can be up to 15 locations on 1 permit. It does not follow the typical 60-day timeline for
land use items; instead 90 days is allowed. This technology will be allowed through the issuance
of a city right-of-way permit and/or a building permit. The technology is needed in high
coverage areas; shopping malls, hospitals, etc.
Councilmember Bolkcom
asked if residents would see something different in their
neighborhood.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 4
Mr. Hickok
replied that staff does not want to see the right-of-way cluttered with devices.
There would be a 6-cubic foot maximum for equipment, and the devices are small. The
equipment below grade cannot be more that 28-cubic feet. Other devices would be mounted on
existing non-ornamental light poles; limited to one every 900 feet or two blocks.
Councilmember Bolkcom
noted that this is a short timeline and we are not recreating anything;
she asked if other cities were doing this.
Mr. Hickok
replied that there is a powerful lobby to help industries deploy these small cell
devices. This is not specific to Minnesota but to other states as well.
MOTION
by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:26 P.M.
NEW BUSINESS
10.First Reading of an Ordinance Amending Fridley City Code, Section 205.20. O-5,
Telecommunications Towers and Facilities District to conform to Recent Legislative
Enactments Related to Small Wireless Deployment.
MOTION
by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11.First Reading of an Ordinance to Repeal Chapter 407 of the Fridley City Code, and
Enact a New Chapter of the Code of Ordinances to administer and Regulate the Public
Right-of-Way in the Public Interest and to Provide for the Issuance and Regulation of
Right-of-Way Permits and to Amend Chapter 11 to Reflect New Fees for Small
Wireless Facilities in the Public Rights-of-Way
MOTION
by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12.Resolution Approving a Standard Small Wireless Facility Collocation Agreement.
MOTION
by Councilmember Barnette to adopt Resolution No. 2017-69. Seconded by
Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13.Informal Status Reports
Scott Hickok,
Community Development Director, stated that the last piece of the structural steel
the new building is going in December 12. Those involved with planning and process of getting
the building going will sign this last piece of steel. It will be painted a different color and a
Christmas tree will be on the top until Christmas.
ADJOURN:
MOTION
by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 7:30 P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor