CCA 05/29/2018
CITY COUNCIL MEETING OF MAY 29, 2018
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race, color,
creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status
with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of Fridley's services, programs, and activities.
Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534)
CONFERENCE MEETING (6:00 p.m.)
1. Civic Campus Update.
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of May 14, 2018 .......................................................... 1 - 13
NEW BUSINESS:
2. Resolution Scheduling a Public Hearing on
June 25, 2018, on a Proposed Amendment to
Fridley City Charter, Chapter 8, Public
Improvements and Special Assessments and
Directing Publication of the Text of the Ordinance
in Full ....................................................................................................... 14 - 19
3. Resolution Repealing and Replacing Resolution
No. 2018-14 Considering a Comprehensive Plan
Amendment, CP #18-01, to Update the Economic
and Redevelopment Chapter of the Fridley 2030
Comprehensive Plan .................................................................................... 20 - 26
FRIDLEY CITY COUNCIL MEETING OF MAY 29, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Receive Bids and Award the Locke Parkway
Construction Project No. 2018-02 ................................................................ 27 - 28
5. Claims – ACH PCard 1805;
180860 - 181013 .......................................................................................... 29 - 58
OPEN FORUM, VISITORS:
Consideration of items not on Agenda – 15 minutes.
ADOPTION OF AGENDA:
NEW BUSINESS:
6. Receive the 2017 Comprehensive Annual
Financial Report and Audit Review ............................................................... 59
OLD BUSINESS:
7. Resolution Ordering Final Plans, Specifications
and Calling for Bids: 2018 Street Rehabilitation
Project No. ST2018-01 (Continued May 14, 2018).......................................... 60 - 71
NEW BUSINESS:
8. First Reading of an Ordinance Repealing and
Replacing Chapter 125 of the Fridley City Code
Related to the Licensing of Massage Therapy
Business and Massage Therapists ............................................................... 72 - 88
9. Informal Status Reports (Sewer Rates Follow-up) ....................................... 89
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 14, 2018
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT:
Wally Wysopal, City Manager
James Kosluchar, Public Works Director
Jay Karlovich, City Attorney
Deb Skogen, City Clerk
Pam Reynolds, 1241 Norton Avenue N.E.
PROCLAMATIONS:
National Police Week – May 13-19, 2018
Emergency Medical Services Week: May 20-26, 2018
Public Works Week – May 20-26, 2018
Purple Heart Day – May 15, 2018
Buddy Poppy Month – May 2018
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1.Board of Appeal & Equalization Meeting of April 23, 2018.
APPROVED.
2.City Council Meeting of April 23, 2018.
APPROVED.
OLD BUSINESS:
3.Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #18-02,
by Pulte Homes and the Fridley Housing and Redevelopment Authority, to have Five
Parcels of Land Around the New civic Campus Rezoned from P, Public Facilities, to
S-2, Redevelopment district to Ready the Land for Private Redevelopment. Pulte
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 2
Homes is also Requesting to Replat the Properties at 6911 University Avenue and the
Property to the East to Allow for the Construction of the Villa Homes Project)
(Ward 1).
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1355 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
4.Resolution Requesting No Parking Designation on Portions of West Moore Lake Drive
from Medtronic Parkway to Trunk Highway 65.
ADOPTED RESOLUTION NO. 2018-22.
5.Resolution Approving Settlement Agreement Related to deferred Assessment of
Property Located at 7699 Viron Road N.E. and Hereby Amending Resolution No.
2017-41 (Ward 2).
ADOPTED RESOLUTION NO. 2018-23.
6.Receive Bids and Award Well No. 5 Improvement Project No. 18-448.
RECEIVED BIDS AND AWARDED WELL NO. 5 IMPROVEMENT PROJECT NO.
18-448 TO STIMEY ELECTRIC, INC.
7.Approve Memorandum of Understanding and Easement Agreement between the City
of Fridley and Independent School District No. 14.
APPROVED.
8.Claims (ACH PCard 1804; 180603 - 180859).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION
by Councilmember Barnette to adopt 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:
Pam Reynolds,
1241 Norton Avenue N.E., requested Council consider reviewing the utility rate
structure, mainly on the sewer side. There are disparities between residential and commercial
and she noticed the non-profits are now in the commercial class which filters down to the
citizens of Fridley. The rates seem to be adjusted to come up with revenue and the people who
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 3
use less are charged more. The water rates between residential and commercial are also way out
of line and not reasonable.
Mayor Lund
replied Council would take her request under advisement and report back at the
next meeting. There have been long discussions with City staff and the Finance Director
regarding the utility rates. Historically, the ultra-low user has been getting a good deal for many
years and even with the increases the rates are still very reasonable. The City still has to pay the
bills and the percentage may seem high, but the dollar amount is small. Costs will continue to
rise because Fridley does not have their own sewage ponds.
Councilmember Bolkcom
said this will not be solved tonight; Council will need to meet with
staff and will report back at the next Council meeting.
ADOPTION OF AGENDA:
MOTION
by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING/NEW BUSINESS:
9.Consideration of the On-Sale Wine and 3.2% Malt Liquor License for Venkata Kaza,
rd
Applicant of Paradise Biryani Pointe Located at 765 – 53 Avenue N.E.;
and
Motion to Approve the On-Sale Wine and 3.2% Malt Liquor License to Venkata Kaza
rd
for Paradise Biryani Pointe, Located at 765 – 53 Avenue N.E. (Ward 1).
MOTION
by Councilmember Saefke to open the public. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:37 P.M.
Deb Skogen,
City Clerk, stated that Venkata Kaza, the applicant, has applied for an on-sale wine
and 3.2% malt liquor license for the restaurant located at 765 53Avenue NE. The building is
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leased from the Paradise Corporation and Mr. Kaza previously held an on-sale liquor license
between 2013 through 2016. Due to financial difficulties, the license was not renewed in 2016.
Mr. Kaza has applied for a new license to sell and serve wine and malt liquor to their patrons.
This location meets the zoning code and the minimum seating capacity required for the license.
Ms. Skogen
said staff received the liquor license application on April 20, 2018. The Police
Department conducted the background investigation and found no reason to deny the application
at this time. The Fire Marshall also reviewed the application, conducted an inspection and found
no outstanding issues or reason to deny the license. Section 603.07 of the Fridley City Code
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 4
requires a public hearing be held to consider the approval of an on-sale wine and 3.2% malt
liquor license. The Notice of Public Hearing was published in the Fridley Sun Focus on April 27,
2018, which meets the ten-day advance notice requirement and was provided to the applicant.
After the public hearing is closed, the City Council has the ability to approve the license at the
same meeting.
Ms. Skogen
stated staff recommends Council hold a public hearing for an on-sale wine and malt
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liquor license for Venkata Kaza for Paradise Biryani Pointe located at 765 53
Avenue NE; and
make a motion to approve an on-sale wine and 3.2% malt liquor license to Venkata Kaza for
rd
Paradise Biryani Pointe located at 765 53 Avenue N.E.
Councilmember Saefke
asked if the previous owner had a liquor license.
Ms. Skogen
replied it is the same owner. Financially the owner had to let the license go and
now they would like to reapply.
Vankata Kaza,
Restaurant Owner, said there are eight franchise restaurants across the nation
and he is trying to increase customers who come to dine by offering wine and beer. A few dishes
recommend liquor with them and the spicy foods go good with wine and beer. He has had the
restaurant in this location for seven years.
MOTION
by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:41 P.M.
MOTION
by Councilmember Saefke to approve the On-Sale Wine and 3.2% Malt Liquor
rd
License to Venkata Kaza for Paradise Biryani Pointe, Located at 765 – 53 Avenue N.E.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING
:
10.Preliminary Assessment Hearing on 2018 Street Rehabilitation Project No. ST2018-01.
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 7:43 P.M.
Jim Kosluchar,
Public Works Director, stated each year, the City of Fridley performs major
rehabilitation of selected streets in a planned neighborhood according to its pavement
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management pan. The project proposed for 2018 is on 69 Avenue from Central Avenue to
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 5
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Stinson Boulevard and on Anoka Street from 69 Avenue to south Terminus. On February 12,
2018, the City Council authorized initiation of this project.
Mr. Kosluchar
reviewed the existing conditions and said there are wide unmarked driving lanes,
traffic speed issues, excessive impervious surface and high maintenance costs. Reducing
roadway widths should help with these conditions. On February 13, an open house was held and
staff presented different design options and gave residents an opportunity to give feedback.
Additional meetings took place with the Timber Ridge Townhome Association, Rice Creek
Townhomes and Medtronic. Additional outreach and feedback was offered through a Polco
survey.
Mr. Kosluchar
said the main outcomes from the meetings were concerns about traffic speeds
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and truck traffic on 69 Avenue, medians not desired due to access limitations, general support
for stormwater improvements, preference for moving the roadway north if pavement width was
reduced, parking loss concerns from both townhome locations, the need for trail and retaining
wall reconstruction and questions about access during construction. Staff is experimenting with
trying to receive feedback about the project on a survey. There were three entries received. One
was not a resident in the project area, one was supportive of the project but not thrilled about
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losing parking and the other did not want to lose parking on 69 Avenue. Staff heard that others
were having issues with logging onto Polco.
Mr. Kosluchar
noted that reducing road widths can lower traffic speeds. Trucks are allowed to
use the street as it is designated as a state-aid route. Medians were removed due to feedback
from the meetings. Stormwater treatment would be provided on the south side of the road and
this pushed the roadway north, defined as preferable during the meetings. Reducing the roadway
width on 69th would eliminate parking; the apartment and townhome properties typically need to
provide their own parking. Staff offered an option to Timber Ridge Townhomes to install 12
additional parking spaces on Anoka Street with costs assessed to the association, but the
association declined.
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Mr. Kosluchar
said the trail relocation to the south side of 69 was proposed and that will
eliminate the need for the retaining wall reconstruction, and provide better trail access to
residents. Medtronic was okay with this change. As is typical with our reconstruction projects,
staff will work with contractors to limit the amount of disturbance and to allow residents access
in and out of their properties. There may be certain circumstances that there will be limited
access, and schedules and notices will be provided to residents.
Mr. Kosluchar
said staff presented a feasibility report to the City Council that evaluated streets
in the area and considered conditions, utility improvements, and other typical elements that may
be incorporated into the project. The feasibility report concluded the project was necessary,
feasible and cost-effective. The proposed project elements include shared multi-use trail
relocated to the south side, driveway extensions, removal of pavement, reclaim and base
construction, water main work including gate valves and hydrants, storm sewer and drainage
work, curb replacement, repaving streets and restoration.
Mr. Kosluchar
stated the street rehabilitation project was submitted for the Rice Creek
Watershed District’s (RCWD) 2018 Urban Stormwater Remediation Cost-Share program and
was approved for a grant of $47,500 from the RCWD. The proposal included the “road diet”
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 6
(pavement reduction) and adding a storm water swale on the south side of the street for water
quality benefits, and scored amongst the top projects with RCWD. The open bids and award will
be in June, 2018, advanced utility work in May, 2018, construction will take place July through
September 2018, the final hearing and notice of assessment will be in October 2018, and
assessments will begin in January 2019.
Mr. Kosluchar
reviewed the estimated cost of the project breakdown of $740,700. The amount
of $304,400 was from the City of Fridley Municipal State Aid, $179,100 from assessments to
adjacent properties, $94,200 from the Water Utility Fund, $98,500 from the Storm Water Utility
Fund and $47,500 from the RCWD Grant. There are two different parcel types defined by the
assessment policy; Low Density Residential (LDR) and Non-Low Density Residential (NLDR).
Mr. Kosluchar
stated the LDR property assessments are for properties with driveways on the
project streets. Corner lots are assessed on one side only. The assessment is based on dividing
the proportional street improvement costs for the project area by the number of residential
properties. Assessments are calculated on the paving costs of the middle 30 feet of the streets
less the intersections. Multiple unit residential properties up to four units pay the lower of the
commercial rate, or the residential rate reduced by 50% for each unit over one. The estimated
2018-01 is $2,350 per unit which is reduced by 15% due to proposed pavement reduction. All
LDR units receive equal assessment. The Non-LDR property assessment equals all other
properties including commercial, industrial, hi-density residential, etc. The assessable frontage
is measured. The non-LDR assessment is calculated by dividing the total cost by the length of
the property frontage to determine the cost per foot. Each side of the street pays 50% of the cost
per centerline foot to resurface the street, thus the estimated assessment is $33.43 per lineal foot.
The assessment estimates are dependent on cost of the construction.
Mr. Kosluchar
reviewed the three payment options. Option 1 was to pay in one lump sum
within 30 days of the final assessment hearing (September/November 2018). In Option 2, the
assessment is added to the property taxes that are paid over 10 years with an interest rate to be
determined--typically 5.5 to 6.5%. Option 3 is senior citizens meeting certain criteria may
request to have the assessment deferred until the future sale of the property. Interest accrues
until the property is sold. Those interested should contact the City’s Finance Department to
determine if they qualify.
Mr. Kosluchar
said staff requests the City Council move to open the preliminary assessment
hearing on 2018 Street Rehabilitation Project No. ST 2018-01 and hear all those who desire to
address Council. Staff further request that the City Council, with consideration for input from
the public hearing move to adopt the resolution ordering final plans, specifications and calling
for bids for the 2018 Street Rehabilitation Project No. ST2018-01 following the preliminary
assessment hearing.
Councilmember Varichak
asked what the plan was for the trail and retaining wall along
Medtronic property.
Mr. Kosluchar
replied that after the open house, people were interested in moving the road
toward Medtronic and away from their properties. This is more cost effective than rebuilding the
wall and reconstructing the trail. The Medtronic workforce walks the trail during breaks but
residents on other side would benefit to use the trail closer to them.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 7
Councilmember Varichak
asked about the parking on the street; she was concerned about the
potential parking issues that may happen.
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Mr. Kosluchar
replied that staff is not proposing to add parking on 69
. Timber Ridge
Townhomes declined staff-presented concepts for parking and they are limited on parking.
Councilmember Bolkcom
replied that it is not the City’s responsibility to provide parking for
the townhomes. They will need to find spaces to park vehicles.
Mr. Kosluchar
said Timber Ridge had good information from staff and were thoughtful about
their decision. Parking is constrained, and the properties were built in a way that opportunities to
add parking spaces are limited within the development. Apartments can have difficulties with on
street parking and it does overflow to the streets. Others have built auxiliary parking to
accommodate their parking needs.
Councilmember Bolkcom
asked if parking could be considered at a later date.
Mr. Kosluchar
replied yes but it would be more costly.
Councilmember Bolkcom
asked if there was a concern about parking for the schools.
Mr. Kosluchar
replied that is not an issue.
Councilmember Bolkcom
asked if the driveway extensions would be a cost to the homeowner.
Mr. Kosluchar
replied no, that cost would be incorporated into the storm water costs.
Councilmember Bolkcom
noted that in some of the letters sent out there was no assessment
amount listed.
Mr. Kosluchar
replied that was a sample letter and some assessments are zero. Neighboring
areas with no proposed assessment are nonetheless notified of the public hearing because they
are users of the road.
Councilmember Bolkcom
asked if residents could still have their sewer televised.
Mr. Kosluchar
replied yes, that can always be done if there are concerns.
Councilmember Bolkcom
asked if curbs would be repaired.
Mr. Kosluchar
replied yes, residents could report damage to staff. There are standards,
however, and a curb could be cracked and not replaced.
Councilmember Bolkcom
asked if staff received any other phone calls than the three people.
Mr. Kosluchar
replied that there were also 2-3 emails similar in nature to the three phone calls.
Generally, all support the project but had concerns about parking in the Timber Ridge and Rice
Creek townhome areas.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 8
Beth Pickering
, 1510 North Timber Ridge, was concerned about the parking. At the February
meeting, five designs were presented and people voted on which design they liked. The design
that was presented tonight was not in any of the five concepts that were presented at the meeting.
Mr. Kosluchar
replied that the majority of those at the meeting wanted to keep the road as wide
as it is now, but that did not meet the project objective. The design proposed is similar to an
early concept, but it is flipped.
Ms. Pickering
said that she will report back to the people in her community that could not attend
the meeting tonight. She asked if there was any way the parking concepts presented to Timber
Ridge would guarantee they were only for Timber Ridge. She asked if other would be able to
use the parking that Timber Ridge is paying for. She asked how it could be reserved for Timber
Ridge.
Mr. Kosluchar
replied staff has talked about that, but currently, there are not any parking
restrictions like that in Fridley. Staff talked with the Police Department and they do not have the
staff to patrol parking restrictions. If the townhome community wanted to keep an eye on the
parking and call the police for violators, they would respond and ticket.
Mayor Lund
asked what residents do for parking in the winter months when snow prevents
parking on the street.
Mr. Kosluchar
said that winter time is a chronic problem for plows and cars get ticketed or
towed often.
Mayor Lund
asked how many Timber Ridge residents park cars on the street right now on any
given night.
Ms. Pickering
replied about six cars. Anoka Street is limited in space.
Mayor Lund
asked if staff would recommend parking on Anoka Street for reserved spots.
Mr. Kosluchar
replied that it would need to be managed by Timber Ridge.
Wally Wysopal
, City Manager, asked if it would add maintenance for plowing if parking bays
were added.
Mr. Kosluchar
replied there would be costs associated with that. He said if 12 parking spaces
were added, it would allow more flexibility with Anoka Street.
Mr. Wysopal
asked if the homeowners’ association agrees to the parking and the individual
owners are accessed the costs, what would happen if someone objected. How would the City
collect those costs?
Jay Karlovich
, City Attorney, said the City would be contracting with the homeowners’
association.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 9
Mr. Wysopal
said that non-payment would need safeguards so that legal action could be taken
to recoup the City’s costs.
Ms. Pickering
asked if the cost could be added to the association dues.
Attorney Karlovich
replied that the contract with the association and agreement to put the cost
on the property taxes is difficult to do because common elements are not property tax parcels.
There could be an agreement to spread the cost against all tax parcels.
Councilmember Bolkcom
asked if the townhome association could have a signed agreement for
the original pavement and have ongoing maintenance charges.
Attorney Karlovich
said it would be problematic to collect if they did not pay.
Mr. Kosluchar
said they indicated they were not interested, so staff has not researched these
options further. If they give a strong indication to move forward staff can work out logistics to
make parking work.
Mr. Wysopal
asked if the grant from the watershed would be impacted by the inclusion of
parking bays.
Mr. Kosluchar
said he did not think so.
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Troy Findell
, 1340 – 69 Avenue N.E. asked how wide the road would be--two lanes with a
bike lane? He said there would not be enough room to park any cars.
Mr. Kosluchar
replied the road section would be 28’ or 32’ wide. The turn lanes would stay
where they exist and the bike lanes would be on the south side.
Mr. Findell
said Timber Ridge and the townhomes are a separate entity. There are 15 to 20 cars
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parked on 69 tonight. There is a boat and even a truck. During the winter, parking is an issue.
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Jackie White,
1370 – 69 Avenue N.E.,said she was not opposed to what is happening, but had
concerns with emergency vehicles using the street if it becomes narrower. She was also
concerned with semi’s driving and safety with the path because now there is a buffer there.
Mr. Kosluchar
replied that the roadway is 12 feet with a 4-foot shoulder which should
accommodate trucks and emergency vehicles. The trail will be 16’ away from the curb line
which is a fairly large separation.
Ms. White
said she lives where the road narrows and when she pulls into her driveway, she pulls
close to the curb because people behind her are driving fast and they can go by her while she is
turning. People will have to get used to driving differently on that road when the project is
completed.
Mr. Kosluchar
replied that studies show reduced speed is often the outcome of a narrower road.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 10
Ms. White
said she was concerned with the future when she goes to sell her home if the parking
availability is an issue. There would be no parking for guests on her side of the street. She asked
if it would be okay for others to be allowed to park on Anoka Street or if the City could work
with Medtronic for parking options.
Mr. Kosluchar
replied that he has not heard about the parking needs on the south side.
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Paul Kelly,
1336 69
Avenue, said he was concerned with the lack of parking or ability to
temporarily park next to the curb without being at risk. He said he does not see how this can be
any safer. There is a need for street parking and the street is usually quite busy. The biggest
concern is not having a parking area off of the driving lane.
Mr. Kosluchar
replied that the road will be wide enough for someone to pull over on the street
if a vehicle were stalled.
Mr. Kelly
said he went to the meeting earlier and was disappointed with the outcome.
Mr. Findell
said he was concerned that if he needed to pull his vehicle on to the road to clear his
driveway of snow he would get a ticket for parking on the street. He is also concerned that there
is no parking for guests.
MOTION
by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:38 P.M.
Mayor Lund
said he would like to see a drawing of what the parking would look like on Anoka
Street. He said reducing speed in a problematic area is beneficial, but creating parking issues for
residents is another problem.
Councilmember Bolkcom
asked if this would delay the project.
Mr. Kosluchar
said staff will work on the design and provide details to Council and residents.
The project would be awarded at the end of June. Part of the resolution is completing the design.
He has not heard an objection to the assessment and has faith that staff will do their best to
accommodate competing needs.
Councilmember Bolkcom
asked if this could wait until May 29 for approval.
Mr. Wysopal
noted that a design change could affect the ability to qualify for the grant which
would impact the assessments that were presented.
Mr. Kosluchar
added that widening the road and adding parking will affect the assessment by
adding an additional 15% to each residential property assessment to pay for the extra width.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 11
NEW BUSINESS:
11.Resolution Ordering Final Plans, Specifications and Calling for Bids: 2018 Street
Rehabilitation Project No. ST2018-01
MOTION
by Councilmember Varichak to table Resolution Ordering Final Plans, Specifications
and Calling for Bids: 2018 Street Rehabilitation Project No. ST2018-01 until May 29, 2018.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12.Approve Joint Powers Agreement between the City of Fridley and County of Anoka for
the Stonybrook Trunk Storm Sewer Improvement Project No. 18-422
Jim Kosluchar,
Public Works Director, presented Item Nos. 12 and 13 together. He stated that
on Thursday, April 27at 11:00 a.m., sealed bids were opened for the Stonybrook Trunk Storm
Sewer Improvement Project 18-422. Eight responsive bids were received. This project involves
installing a 60” storm interceptor pipe to convey heavy flows across East River Road to the
Mississippi River and mitigate the frequency of flooding conditions upstream. The storm pipe
will be placed in the roadway on Craigbrook Way and will require some other utilities to be
relocated. The project installs 1,300 feet of 60” storm sewer pipe and 821 feet of 8” PVC for the
reconstruction of the sanitary sewer main. Project limits extend from the east side of East River
Road (between the Crayon Box and River Pointe Apartments), down Craigbrook Way N.E.,
crossing Alden Way and into the Mississippi River. Additional work includes installing new fire
hydrants, valves, water/sewer main connections, pavement and boulevard restoration. This
project will include closures on East River Road, including a full closure that the County has
requested to take place on a weekend.
Mr. Kosluchar
said the low responsive bid was received from Peterson Companies, Inc. of
Chisago City, Minnesota, in the amount of $850,858.26. This is under the final engineer’s
construction estimate for the project of $889,718.50. Staff believes the contractor will deliver the
project with the requisite quality specified in the bid documents. The City of Fridley has worked
with Peterson Companies in the past. Most recently, they worked on the Oak Glen Creek Pond
Expansion Project last fall. Staff believes Peterson Companies, Inc. is capable of performing this
work and completing the project on time.
Mr. Kosluchar
said staff recommends the City Council move to receive the bids and award
Stonybrook Trunk Storm Sewer Improvement Project 18-422 to Peterson Companies, Inc., of
Chisago City in the amount of $850,858.26. If approved, staff will notify the contractor of the
award and issue a notice to proceed to the contractor upon receipt of acceptable submittals.
Mayor Lund
asked what the red ink meant by Northwest from Shakopee.
Mr. Kosluchar
replied that the red ink represents a revision from the actual bid. There was an
error in a calculation of their bid that was corrected in red ink.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 12
Councilmember Bolkcom
asked if staff was confident there would be less flooding on Beech
Street.
Mayor Lund
noted that there will be an additional 60” pipe plus the current 48” pipe which
should take care of the issues.
Councilmember Bolkcom
asked when this would take place.
Mr. Kosluchar
replied that as soon as the contract is in place, construction would start in early
June.
Councilmember Bolkcom
asked if staff was comfortable with the estimates and if there were
increases if it would be a County or City issue.
Mr. Kosluchar
replied that the County said their contribution is fixed but is more than what
staff initially anticipated. There is room for contingencies based on the cost table in the back.
Councilmember Bolkcom
asked if there were any comments from residents.
Mr. Kosluchar
replied that there is not a lot of negativity about this project.
Councilmember Bolkcom
asked if this would help control the water in the area of East River
Road.
Mr. Kosluchar
replied yes.
Kris Schmitt,
7736 Alden Way, said she was concerned about the water coming out of the pipe
that would be pointing toward the hill by her home. She has spoken with Mr. Kosluchar and
they assure her that will not happen. Another concern is the original retaining wall that was
built in the 1980s is starting to deteriorate. She asked if there was any money in the budget for
restoring the retaining wall. She said she is worried about erosion from the extra water that will
be coming through there.
Mr. Kosluchar
replied that water should not shoot out of that pipe.
MOTION
by Councilmember Bolkcom to approve the Joint Powers Agreement between the
City of Fridley and County of Anoka for the Stonybrook Trunk Storm Sewer Improvement
Project No. 18-422. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13.Receive Bids and Award Stonybrook Trunk Storm Sewer Improvement Project No.
18-422
MOTION
by Councilmember Bolkcom to received bids and award Stonybrook Trunk Storm
Sewer Improvement Project No. 18-422. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF MAY 14, 2018 PAGE 13
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14.Informational Status Reports.
Wally Wysopal,
City Manager, said this evening an item was approved on the agenda to replat
the patio homes that will be built by Pulte Homes. There will be a hotline number coming out
soon where residents who are interested can call to get details about the homes. Information
will be updated on the website. There are no age restrictions for this development. The soccer
fields and horse shoe pits will be relocated to Community Park and River Front Park.
ADJOURN:
MOTION
by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:16
P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
OF May 29, 2018
To: Walter T. Wysopal, City Manager
From: Annie Leibel City Mgmt. And Elections Asst.
Debra A. Skogen, City Clerk
Date: May 21, 2018
Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending Chapter 8 of
the Fridley City Charter Entitled Public Improvements and Special Assessments and
Directing Publication of Text of Ordinance in Full
The Fridley home rule charter is the fundamental law which defines the powers the citizens agree
to give their city government. The Charter Commission is comprised of fifteen court appointed
citizens who meet about eight times a year to discuss and refine the charter in response to the
needs of the community.
The Charter Commission reviewed and discussed Chapter 8 entitled Public Improvements and
Special Assessments in 2018 and recommended an amendment by ordinance. The amendments
to the Chapter meet Minnesota State Statute and clarifies language in the Charter.
Minnesota Statute, Section 410.12, Subd. 7. allows for an amendment by ordinance upon
recommendation of the Charter Commission. Within one month of receiving a recommendation
to amend the charter by ordinance, the city must publish notice of a public hearing on the
proposed ordinance. The public hearing must be held at least two weeks but not more than one
month after the notice is published.
In Section 8.01 The City Plan, the amended language clarifies that amendments to the
Comprehensive Plan must be made in accordance with Minnesota State Law.
In Section 8.02 Enforcement of City Plan, the amended language has no substantial change other
than to make the chapter easier to read and list items the same throughout the chapter.
In Section 8.03 Public Improvement and Special Assessments, the amended language has no
substantial change other than to make the section consistent and easier to read.
In Section 8.04 Local Improvement Regulations, the amended language requires local
improvements and assessments be made in accordance with Minnesota State Constitutional
Requirements and clarifies the two ways a local improvement can be brought to Council.
In Section 8.05 Public Works How Performed, the amended language fixed some grammatical
errors and made old terminology consistent with state statute. Under Minnesota State Statute,
the benefits of a special assessment may not exceed the benefits to the property. Language
regarding creation of a Public Works Department was also removed as the Department has since
been created. Material Person also removed from the section because the
terminology is no longer used in Minnesota State Law, the wording was replaced with Minnesota
State Law.
Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on June 25, 2018,
on a Proposed Amendment to Fridley City Charter Chapter 8 Entitled Public Improvements and
Special Assessments, and Directing Publication of the Text of the Ordinance in Full, as shown in
Attachment 1.
Attachment 1
RESOLUTION NO. 2018-__
A RESOLUTION SCHEDULING A PUBLIC HEARING ON JUNE 25, 2018, ON A
PROPOSED AMENDMENT TO FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS AND DIRECTING PUBLICATION
OF THE TEXT OF THE ORDINANCE IN FULL
WHEREAS, Minnesota Statute, Section 410.12, Subd. 7 allows for an amendment by ordinance
upon recommendation of the City Charter Commission; and
WHEREAS, the Fridley City Charter Commission reviewed, discussed and recommended an
amendment by ordinance to Chapter 8. Public Improvements and Special Assessments on May 7,
2018; and
WHEREAS, the City Council was provided a copy of the proposed amendment on May 24,
2018; and
WHEREAS, within one month of receiving a recommendation to amend the charter by
ordinance, the city must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment.
NOW THEREFORE BE IT RESOLVED that a public hearing shall be scheduled for Monday,
June 25, 2018, in the Council Chambers of the Fridley Municipal Center, 6431 University
Avenue NE, Fridley, Minnesota, at 7:00 p.m.; and
BE IT FURTHER RESOLVED that the City Council directs the city clerk to publish the text of
the proposed ordinance, shown in Exhibit A, in full at least two weeks but not more than one
month before the publi
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
th
29 DAY OF MAY, 2018.
_______________________________
Scott J. Lund, Mayor
ATTEST:
_______________________________
Debra A. Skogen, City Clerk
Exhibit A
ORDINANCE NO. ____
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
The Fridley City Charter has completed its review of Chapter 8 and has recommended an
amendment of the City Charter by Ordinance to the City Council on May 7, 2018.
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Fridley City Charter Chapter 8 related to public improvements and special
assessments should be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. THE CITY PLAN.
The present zoning and comprehensive plans shall be the plans for future physical development of
the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall
hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to
affected property owners. The comprehensive plan may be altered in accordance with Minnesota
state law. It The plans may include provisions for:
zoning;
platting and development of new areas;
planning and location of public works of art;
public buildings;
parks;
playgrounds;
bridges;
public transportation services and facilities;
other public facilities;
designing and improving streets;
designing and improving public places; and
other matters which may seem essential to the City plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power full authority, acting through the City Manager, to
enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to
regulate:
the use of private property,;
the height of buildings,;
Ord No. ___
andthe proportion of the area of any lot which may be built upon;and
to establish building lines.
Such power authority shall be exercised to promote public health, safety, morals, welfare and
convenience.
Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power authority to make any and every type of public improvement not
forbidden by the laws of the State and to levy special assessments to pay for all such improvements
as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for such
local improvements may equal the cost of the improvements, including all costs and expenses
connected therewith, with interest, until paid, but shall not exceed the benefits to the property.
Section 8.04. LOCAL IMPROVEMENT REGULATIONS.
The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure
which shall determine all matters pertaining to the making of local improvements thereafter, and
such ordinance shall supplant supercede all other provisions of law on the same subject and may be
amended only by an affirmative vote of at least four (4) members of the City Council. Such
ordinance shall provide for such notice and hearing in the ordering of improvements and the making
of assessments therefore as shall be necessary to meet the state of Minnesota constitutional
requirements ct assessments for the initiation of local improvements upon property
.Such ordinance shall also require a petition of a majority in number and interest
of the owners of property to be assessed for such improvement, or improvements, for the initiation
thereof; provided that the City Council may proceed upon its own initiative hereunder and under
such ordinance by resolution adopted by four/fifths (4/5) affirmative votes of the City Council after
a proper notice and hearing. (Ref. Ord. 776) Such ordinance shall allow for initiation of a local
improvement by:
1.a petition signed by a majority of the owners bordering the proposed improvement; or
2.by the city council initiating a local improvement and ordering a feasibility report.
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1.Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or directly by day labor. Before receiving bids the City
Manager shall, under the direction of the City Council, have suitable plans and
specifications prepared for the proposed material or project and estimate of the cost thereof
in detail. The award of any contract shall not exceed the real measure of benefit which is the
increase in the market value of the land because of the improvement. amounting to more
than what is allowable under Minnesota state statutes shall require an affirmative vote of at
least four (4) members of the City Council. When the best interest of the City will be served
thereby, the City Council may organize a public works department and provide the
department with suitable equipment.
Ord No. ___
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the public works department, to bid on any work to be let by contract. All contracts
shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota
State Statutes. The term "lowest responsible bidder" shall be interpreted as giving the City
Council the right to accept any bid which it determines to be most advantageous to the
City. The City Council shall reserve the right to reject any or all bids in accordance with
Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper
bonds for the protection of the City, the employees and material person.in accordance with
Minnesota state law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ___
DAY OF __________, 2018.
_______________________
Scott J. Lund, Mayor
ATTEST:
_______________________
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
Second Reading:
Publication Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29, 2018
Date: May 24, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Subject: Resolution Repealing and Replacing Resolution No. 2018-14 Considering
a Comprehensive Plan Amendment, CP #18-01, to Update the Economic and
Redevelopment Chapter of the Fridley 2030 Comprehensive Plan
Background
Neil Polstein, Attorney for John Allen, indicated that the title commitment for Allen’s lender still
shows, as an exception to title, the terms and conditions of the TOD Overlay District, which has
led the lender’s counsel to demand evidence that Allen is complying with such terms and
conditions. Council for Allen explained to lender’s counsel and the title company that the City
Council removed the site from the TOD Overlay District, as shown in the minutes. The title
company has responded, however, as shown below:
Exception 23 – TOD Overlay District – In order to delete this exception, we will need a
recordable document, presumably a City Resolution with the legal description of the
property, indicating that the TOD overlay zoning district has been removed from the
land, in a form sufficient for the examiner to remove the memorial from the Certificate of
Title.
As a result of this request staff has prepared a duplicate version of the resolution already passed by
Council, but with the legal description as required by the Title Company. The solution is simple and
merely adds the legal description to what was already approved by Council. Staff's memo and
original resolution used address and a map exhibit to show Allen's site would not be in the TOD,
but can certainly respect the desire for the Legal description as well.
Recommendation
Staff recommends approval of the attached resolution as submitted.
RESOLUTION NO. 2018 - ____
RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 2018-14
CONSIDERING A COMPREHENSIVE PLAN AMENDMENT, CP #18-01, TO
UPDATE THE ECONOMIC AND REDEVELOPMENT CHAPTER OF THE
FRIDLEY 2030 COMPREHENSIVE PLAN
WHEREAS,
the Fridley Planning Commission held a public hearing on Comprehensive Plan
Amendment, CP #18-01, on February 21, 2018 and recommended approval; and
WHEREAS,
the City Council also conducted a public hearing on Comprehensive Plan Amendment,
CP#18-01, to consider the Amendment language and contents at their March 12, 2018 City Council
meeting; and
WHEREAS,
On April 9th the City Council adopted Resolution No. 2018-14 authorizing staff to amend
the boundaries TOD District in accordance with the law, and
WHEREAS,
the Metropolitan Land Planning Act (MN Statutes 473.851 – 473.872) specifies procedures
for local government units to follow when preparing and submitting amendments to their land use plans
to the Metropolitan Council; and
WHEREAS,
the City of Fridley has notified all surrounding jurisdictions and special taxing districts of
the proposed amendment as required by MN Statutes 473.858, and following 60-days’ notice no
jurisdiction has responded with concern for the proposed amendment; and
WHEREAS,
the City Council has reviewed the Comprehensive Plan changes to Chapter 4, Economic
and Redevelopment, shown in the attached Exhibit A; and
WHEREAS,
the City Council of the City of Fridley hereby authorized City staff to submit the proposed
amendment, Comprehensive Plan Amendment, CP #18-01 to the Metropolitan Council for consideration;
and.
WHEREAS,
the Metropolitan Council, upon receipt of the Minor Comprehensive Plan Amendment,
reviewed and approved the amendment as submitted and notified the City of said approval on May 7,
2018, as shown in the attached Exhibit B;
NOW THEREFORE, BE IT RESOLVED
, that subsequent to the approvalof this amendment by the
City Council of the City of Fridley and the Metropolitan Council, a legal description was requested to be
included by legal counsel for the property owner, John Allen. Said legal description is as follows:
Tract 1:
All that part of Section Twenty-two (22), Township Thirty (30), Range Twenty-four (24), Anoka County,
Minnesota, described as follows:
Commencing at a point, marked by Judicial Landmark on the South line of said Section and
distant 365 feet Westerly of, measured at a right angle to the center line of the main track of Great
Northern Railway Company, running in a Northerly and Southerly direction through said Section;
thence Northerly parallel with and distant 365 feet Westerly of measured at a right angle to said
center line of said main track, 4,574.75 feet to a point marked by Judicial Landmark; thence
Northeasterly 714 feet to a point, marked by Judicial Landmark, on the North line of said Section
Twenty-two (22), and distant 265 feet Westerly of, measured along said North section line, the
Resolution No.. 2018 - _____ Page 2
said center line of main track, thence West on said North section line 328.35 feet to the pint of
intersection, marked by Judicial Landmark, with the Easterly line of right of way of Anoka
County Highway No. 1, as laid out and established in a Northerly and Southerly direction through
said Section; thence Southerly along said Easterly line of said highway right of way to the point
of intersection, marked by a Judicial Landmark, with the South section line of said Section
Twenty-two (22), thence East along said section line 1,792.9 feet to the ping of beginning.
Excepting that part lying Northerly of the following described line:
Commencing at a ping in the North line of Lot 13, Auditor’s Subdivision No. 78, being also the
North line of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of said Section
Twenty-two (22), distant 365 feet Northwesterly, measured at right angles, from the center line of
main track at the railway of the Great Northern Railway Company, as now located and
constructed; thence Southerly parallel with said center line of main track for 570 feet; thence
Westerly on a line, hereinafter called “Line X” parallel with said North line of Lot 13, 400 feet to
a point hereinafter, called “Point A;” thence Easterly retracing last described course for 400 feet;
thence Southwesterly parallel with said center line of main track distant 365 feet Northwesterly,
measures at right angles, there from to a point, being the point of beginning of the line to be
described, in a line parallel with and distant 878 feet South, measured at right angles, from said
North line of said Lot 13; thence Westerly parallel with said North line of Lot 13 for 385 feet;
thence North in a Straight line to Point A; thence Northerly at right angles to Line x for 17 feet;
thence Northwesterly at an angle to the left of 60 degrees 30 minutes to a point in the Easterly
boundary line of East River Road, and there terminating.
Excepting that part lying Southerly of the following described line:
Commencing at the Southeast corner of said Section 22; thence Northerly along the East line of
said Section 22, a distance of 1,528.6 feet to the ping of beginning of the line to be described;
thence deflecting to the left an angle of 86 degrees 28 minutes a distance of 3,500 feet and there
terminating.
Tract 2:
All that part of the Northeast Quarter of the Southeast Quarter (NE ¼ of SE 1/4) of Section Twenty-two
(22), Township Thirty North (30), Range Twenty-four (24) West of the Fourth Principal Meridian,
described as follows:
Beginning at a point in the North line of said Northeast Quarter of the Southeast Quarter (NE ¼
of SE ¼) of Section Twenty- two (22), perpendicularly distant Three Hundred Sixty-five (365)
feet West of the center line of main track of the Railway of the Great Northern Railway Company
as now located and constructed; thence Southerly parallel with said center line of main track to a
point in the Northerly boundary line of State Trunk Highway No. 100, said Northerly highway
boundary line lying parallel with and perpendicular distant One Hundred Fifty (150) feet
Northerly from the survey centerline of said State Trunk Highway No. 100 as now laid out and
established; thence Easterly parallel with center line of said highway, Three Hundred (300) feet;
thence Northwesterly in a straight line to a point in said North line of the Northeast Quarter of the
Southeast Quarter (NE ¼ of SE ¼), distant One Hundred Seventy (170) feet East of the place of
beginning thence West along said North line of the Northwest Quarter of the Southeast Quarter
(NE ¼ of SE ¼) a distance of One Hundred Seventy (170) feet to the place of beginning,
according to the United States Government Survey thereof.
Resolution No.. 2018 - _____ Page 3
Tract 3:
That part of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of Section Twenty-two (22),
Township Thirty (30), Range Twenty-four (24), described as follows:
Commencing at a point on the South line of said Southeast Quarter of the Northeast Quarter (SE
¼ of NE ¼) distant 365 feet Westerly of, measured at right angle to, the center line of the main
track of the railway of the Great Northern Railway Company as now located and constructed in a
Northerly and Southerly direction through said Section Twenty-two (22); thence Northerly,
parallel with and distant 365 feet Westerly of, measured at a right angle to, said center line of said
main track to a point which is 878 feet Southerly of, measured at a right angle to, the North line
said Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼); thence Easterly parallel with
said North line of said Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) a distance of
169.26 feet, more or less, to a point distant 196 Westerly of, measured at a right angle to, said
center line of main track, which point is marked by Judicial Landmark; thence Southerly parallel
with and distant 196 feet Westerly of, measured at a right angle to, said center line of said main
track to the South line of said Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼), which
point is marked by Judicial Landmark; thence Westerly along South line to the point of
commencement, according to the United States Government Survey thereof. The Easterly line of
said land is marked by Judicial Landmarks set pursuant to Torrens Case No. T-1311.
BE IT FURTHER RESOLVED,
that the City Council of the City of Fridley by the adoption of this
resolution hereby does the following:
1. Repeals Resolution No. 2018-14 in its entirety; and
2. Replaces Resolution No. 2018-14 with this resolution which now defines the legal description of
the property located at 5601 East River Road.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29
DAY OF MAY, 2018.
__________________________________
SCOTT J. LUND – MAYOR
ATTEST:
__________________________________
DEBRA A. SKOGEN – CITY CLERK
`
AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29, 2018
TO: Walter Wysopal, City Manager PW18-040
FROM: Jon Lennander
DATE: May 24, 2018
SUBJECT: Award of Locke Parkway Construction Project 2018-02
th
On Thursday, March 24 at 10:00 AM, sealed bids were opened for the Locke Parkway
Construction Project 2018-02. Three responsive bids were received.
The Locke Parkway Construction project is a part of the Fridley Civic Campus project, and is
necessary to allow the residential projects on the former Columbia Arena property to be
constructed. Pulte Homes will be working simultaneously with the City on building roads and utilities
in this area. The project will consist of installing watermain, storm sewer, sanitary sewer, and small
utilities, together with constructing a new roundabout in the East University Avenue Service Road,
st
and a divided parkway on the north side of the proposed patio home sites, and a connection to 71
Avenue NE along the east boundary of the Civic Campus property.
The low responsive bid was received from Peterson Companies, Inc. of Chisago City, MN in the
amount of $1,289,952.22. This is under the final engineer’s construction estimate for the project of
$1,543,300. Please refer to the attached bid tabulation which summarizes bids received.
The project will be constructed with HRA funding and recovered through TIF funds. A portion of the
construction costs are expected to be funded through City of Fridley Utility Funds, with the amount
and funding source to be determined.
Staff recommends the City Council move to receive the bids per the attached bid tabulation
Locke Parkway Construction Project 2018-02
and award the to Peterson Companies, Inc. of
Chisago City, MN in the amount of $1,289,952.22. If the Council approves, staff will notify the
contractor of the award and issue a notice to proceed to the contractor upon receipt of acceptable
submittals.
Attachment
Page 1 of 1
CITY OF FRIDLEY
2018 LOCK PARKWAY CONSTRUCTION PROJECT NO. ST2018-02
BID TABULATION
LETTING: 5/24/2018 10:00 AM
Note: numbers in are corrected for mathematical errors in bid provided
red
PETERSON COMPANIES, INCGEISLINGER & SONS, INC.NORTHWEST ASPHALT
CHISAGO CITY, MNWATKINS, MNSHAKOPEE, MN
EST.
SEQ.DESCRIPTIONUNITSQTY
UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE
BASE BID ITEMS
1LS159,280.00$ 59,280.00$ 99,850.00$ 99,850.00$ 132,000.00$ 132,000.00$
Mobilization
2LS19,127.30$ 9,127.30$ 0.01$ 0.01$ 2,500.00$ 2,500.00$
Dewaterin
g
3LF2352.25$ 528.75$ 4.00$ 940.00$ 6.00$ 1,410.00$
Saw Cut Bituminous for Removal
4SY3,2103.41$ 10,946.10$ 5.00$ 16,050.00$ 3.25$ 10,432.50$
Remove Bituminous Pavement
5Remove Existing CurbLF8453.48$ 2,940.60$ 10.00$ 8,450.00$ 3.00$ 2,535.00$
6LS1252.00$ 252.00$ 2,000.00$ 2,000.00$ 500.00$ 500.00$
Remove Signage
7Remove Trees (8"-24" Dia.)EA39352.69$ 13,754.91$ 350.00$ 13,650.00$ 300.00$ 11,700.00$
8LF79713.43$ 10,703.71$ 10.00$ 7,970.00$ 25.00$ 19,925.00$
Remove Existing RCP Storm (12"-18")
9Remove Existing Storm StructureEA5469.65$ 2,348.25$ 400.00$ 2,000.00$ 500.00$ 2,500.00$
10LS15,911.00$ 5,911.00$ 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$
Remove & Relocate Small Utilities (as required)
11Traffic Control (as required)LS115,306.00$ 15,306.00$ 12,750.00$ 12,750.00$ 4,500.00$ 4,500.00$
12LS1650.00$ 650.00$ 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$
SWPPP Inspection & Maintenance
13Rock Const. EntranceEA22,000.00$ 4,000.00$ 2,200.00$ 4,400.00$ 2,000.00$ 4,000.00$
14LF7,3002.00$ 14,600.00$ 2.00$ 14,600.00$ 2.00$ 14,600.00$
Install Silt Fence
15CB InsertsEA20100.00$ 2,000.00$ 195.00$ 3,900.00$ 200.00$ 4,000.00$
16LS14,248.00$ 4,248.00$ 3,500.00$ 3,500.00$ 1,500.00$ 1,500.00$
Sweeping (as required)
WATERMAIN
17LF932.64 293.76 52.64 473.76 65.00 585.00
6" PVC C900 Watermain
$$$$$$
18LF24528.86$ 7,070.70$ 36.48$ 8,937.60$ 70.00$ 17,150.00$
8" PVC C900 Watermain
1912" PVC C900 WatermainLF196131.04$ 60,869.44$ 46.64$ 91,461.04$ 60.00$ 117,660.00$
20LF7630.27$ 2,300.52$ 49.60$ 3,769.60$ 75.00$ 5,700.00$
6" Watermain Ductile Iron CL 52
21Connect to Exiting WaterEA12,176.00$ 2,176.00$ 1,575.00$ 1,575.00$ 1,700.00$ 1,700.00$
22EA17,019.00$ 7,019.00$ 7,135.00$ 7,135.00$ 10,000.00$ 10,000.00$
Connect to Exiting Water (Wet Tap)
236" Gate Valve and boxEA31,996.67$ 5,990.01$ 1,198.00$ 3,594.00$ 1,500.00$ 4,500.00$
24EA62,570.25$ 15,421.50$ 1,575.00$ 9,450.00$ 1,700.00$ 10,200.00$
8" Gate Valve and Box
2512" Gate Valve and BoxEA83,702.38$ $ 29,619.06$ 20,880.002,610.00$ 2,670.00$ 21,360.00$
26EA64,346.50$ 26,079.00$ 3,475.00$ 20,850.00$ 5,000.00$ 30,000.00$
Hydrant with 6"
274" Insulation (4'x8' Sheets)SY3033.58$ 1,007.40$ 29.00$ 870.00$ 45.00$ 1,350.00$
28EA2764.50$ 1,529.00$ 375.00$ 750.00$ 500.00$ 1,000.00
8" 45 Degree Bend$
2912" 22.5 Degree BendEA41,246.25$ 4,985.00$ 670.00$ 2,680.00$ 800.00$ 3,200.00$
30EA81,317.25$ 10,538.00$ 740.00$ 5,920.00$ 800.00$ 6,400.00$
12" 45 Degree Bend
318"x 6" ReducerEA3672.17$ 2,016.51$ 330.00$ 990.00$ 600.00$ 1,800.00$
32EA21,059.25$ 2,118.50$ 530.00$ 1,060.00$ 600.00$ 1,200.00$
12"x8" Reducer
3312"x6" TeeEA21,415.25$ 2,830.50$ 775.00$ 1,550.00$ 1,000.00$ 2,000.00$
34EA21,696.25$ 3,392.50$ 1,225.00$ 2,450.00$ 1,200.00$ 2,400.00$
12"x12 Tee
358"x6" TeeEA1907.50$ 907.50$ 500.00$ 500.00$ 600.00$ 600.00$
36EA21,686.75$ 3,373.50$ 1,340.00$ 2,680.00$ 1,200.00$ 2,400.00$
12"x8" Cross
SANITARY SEWER
37LF66422.92 15,218.88 51.81 34,401.84 125.00 83,000.00
8" PVC SDR 26 Sanitar Sewer Pie
yp$$$$$$
38LF27030.51$ 8,237.70$ 59.73$ 16,127.10$ 150.00$ 40,500.00$
10" PVC SDR 26 Sanitary Sewer Pipe
3918" PVC SDR 26 Sanitary Sewer PipeLF8871.70$ 6,309.60$ 84.34$ 7,421.92$ 200.00$ 17,600.00$
40EA34,819.92$ 14,459.76$ 3,671.00$ 11,013.00$ 4,500.00$ 13,500.00$
4" Dia Sanitary Sewer Manhole
414" Sanitary Sewer Manhole - Drope MHEA221,151.63$ 42,303.26$ 9,299.95$ 18,599.90$ 28,750.00$ 57,500.00$
42LF2291.25$ 2,007.50$ 162.00$ 3,564.00$ 200.00$ 4,400.00$
Sanitary Structure Overdepth (>12'Depth)
43Connect Exiting Pipe to Sanitary MaholeEA11,050.00$ 1,050.00$ 3,000.00$ 3,000.00$ 1,500.00$ 1,500.00$
44EA17,784.00$ 7,784.00$ 5,920.00$ 5,920.00$ 27,000.00$ 27,000.00$
Connect to Existing Sanitary Manhole
45Reconstruct Manhole (Lower)EA41,471.00$ 5,884.00$ 2,055.00$ 8,220.00$ 4,000.00$ 16,000.00$
46EA12,486.00$ 2,486.00$ 2,100.00$ 2,100.00$ 4,500.00$ 4,500.00$
Reconstruct Manhole (Raise)
47Sewer Connection Bulkhead (Pipe)LS13,409.00$ 3,409.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$
48LS13,409.00$ 3,409.00$ 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$
Sewer Connection Bulkhead (Manhole)
49Select Granular BorrowCY10029.75$ 2,975.00$ 17.00$ 1,700.00$ 26.00$ 2,600.00$
50CY10057.52$ 5,752.00$ 49.00$ 4,900.00$ 50.00$ 5,000.00$
Coarser Filter Aggregate
STORM SEWER
51LF18635.62 6,625.32 42.31 7,869.66 68.00 12,648.00
12" RCP Class 5
)$$$$$$
52LF1,28130.62$ 39,224.22$ 41.05$ 52,585.05$ 67.00$ 85,827.00$
15" RCP Class 5)
5318" RCP Class 5)LF12536.92$ 4,615.00$ 47.30$ 5,912.50$ 93.00$ 11,625.00$
54EA11,295.25$ 1,295.25$ 1,105.00$ 1,105.00$ 850.00$ 850.00$
15" FES
5518" FESEA11,565.00$ 1,565.00$ 1,180.00$ 1,180.00$ 950.00$ 950.00$
56EA102,300.60$ 23,006.00$ 1,710.00$ 17,100.00$ 3,500.00$ 35,000.00$
48" CBMH
572x3 CBMHEA51,322.85$ 6,614.25$ 1,200.00$ 6,000.00$ 2,900.00$ 14,500.00$
58CY1580.83$ 1,212.45$ 85.00$ 1,275.00$ 85.00$ 1,275.00$
Rip Rap
59Funish and Install CastingsEA15752.27$ 11,284.05$ 600.00$ 9,000.00$ 950.00$ 14,250.00$
60EA2803.00$ 1,606.00$ 2,710.00$ 5,420.00$ 1,300.00$ 2,600.00$
Build CBMH Over Existing 18"
STREETS
61C2,70028.40 76,680.00 19.55 52,785.00 18.50 49,950.00
Common Excavation 2' Section
()Y$$$$$$
62SY11,2000.73$ 8,176.00$ 2.50$ 28,000.00$ 3.00$ 33,600.00$
Subgrade Preperation
6312" Granular Sub BaseTON6,8509.66$ 66,171.00$ 14.75$ 101,037.50$ 14.50$ 99,325.00$
64TON3,42518.71$ 64,081.75$ 16.90$ 57,882.50$ 14.50$ 49,662.50$
Class 5 Aggregate Base (6")
65Bituminous Base Course (2")TON1,15061.60$ 70,840.00$ 72.56$ 83,444.00$ 61.00$ 70,150.00$
66GAL4403.30$ 1,452.00$ 2.60$ 1,144.00$ 4.00$ 1,760.00$
Tack Coat
67Bituminous Wear Course (1.5")TON87567.35$ 58,931.25$ 78.50$ 68,687.50$ 65.00$ 56,875.00$
68LF7,30015.59$ 113,807.00$ 13.00$ 94,900.00$ 14.00$ 102,200.00$
Curb & Gutter B618
69Colored 1.5' Concrete Barrier (Island Curb)SY44585.69$ 38,132.05$ 88.75$ 39,493.75$ 100.00$ 44,500.00$
70SY52361.65$ 32,242.95$ 67.80$ 35,459.40$ 66.00$ 34,518.00$
Intersection Concrete Panels (8")
71Round-A-Bout Concrete Skirt PanelsSY28490.99$ 25,841.16$ 67.80$ 19,255.20$ 62.00$ 17,608.00$
72TON20565.00$ 13,325.00$ 98.50$ 20,192.50$ 68.00$ 13,940.00$
Bituminous Trail (12' W x 2")
73Class 5 Aggregate for Trail (6")TON57025.44$ 14,500.80$ 17.10$ 9,747.00$ 14.50$ 8,265.00$
74TON1,14010.03$ 11,434.20$ 15.15$ 17,271.00$ 14.50$ 16,530.00$
12" Granular Base for Trail
75Irrigation Crossing (4" x 60')EA8514.13$ 4,113.04$ 600.00$ 4,800.00$ 300.00$ 2,400.00$
76EA5477.00$ 2,385.00$ 485.00$ 2,425.00$ 450.00$ 2,250.00$
Raise Manhole
77Raise Gate ValveEA15259.33$ 3,889.95$ 415.00$ 6,225.00$ 200.00$ 3,000.00$
78LS123,743.80$ 23,743.80$ 2,200.00$ 2,200.00$ 50,000.00$ 50,000.00$
Pavement Striping
79Regulatory Sign'sEA19250.00$ 4,750.00$ 255.00$ 4,845.00$ 375.00$ 7,125.00$
80EA6200.00$ 1,200.00$ 255.00$ 1,530.00$ 450.00$ 2,700.00$
Street Name Sign's
PLANT SCHEDULE
81EA5546.00 2,730.00 535.50 2,677.50 450.00 2,250.00
Ohio Bucke
y$$$$$$
82EA3520.00$ 1,560.00$ 454.00$ 1,362.00$ 400.00$ 1,200.00$
Common Hackberry
83Kentucky Coffee TreeEA5530.00$ 2,650.00$ 535.50$ 2,677.50$ 450.00$ 2,250.00$
84EA15555.00$ 8,325.00$ 510.00$ 7,650.00$ 455.00$ 6,825.00$
Swamp White Oak
85Black Hills SpruceEA4400.00$ 1,600.00$ 408.00$ 1,632.00$ 225.00$ 900.00$
86EA9529.00$ 4,761.00$ 357.00$ 3,213.00$ 300.00$ 2,700.00$
Spring Snow Crab Apple
87Ivory Silk Japanese Tree LilacEA3550.00$ 1,650.00$ 357.00$ 1,071.00$ 300.00$ 900.00$
88EA865.00$ 520.00$ 76.50$ 612.00$ 45.00$ 360.00$
Red Twig Dogwood
89Grow-Low Fragrant bumacEA1165.00$ 715.00$ 76.50$ 841.50$ 45.00$ 495.00$
90EA73312.50$ 9,162.50$ 19.40$ 14,220.20$ 13.00$ 9,529.00$
Feather Reed Grass
91Purple Cone FlowerEA4512.50$ 562.50$ 19.40$ 873.00$ 17.00$ 765.00$
92EA28112.05$ 3,386.05$ 18.36$ 5,159.16$ 15.00$ 4,215.00$
Stella Day Lily
93Spike Gay FeatherEA5912.10$ 713.90$ 20.40$ 1,203.60$ 15.00$ 885.00$
94EA25412.50$ 3,175.00$ 19.40$ 4,927.60$ 15.00$ 3,810.00$
Prairie Dropseed
95Hyland Sod (Salt Tolerant)SY4,0006.10$ 24,400.00$ 5.61$ 22,440.00$ 6.50$ 26,000.00$
96CY18556.00$ 10,360.00$ 56.00$ 10,360.00$ 40.00$ 7,400.00$
Shredded Hardwood Mulch (No Color)
97MnDOT Mix 25-141ACRE0.2321,922.00$ 5,042.06$ 5,150.00$ 1,184.50$ 5,000.00$ 1,150.00$
98CY30028.25$ 8,475.00$ 36.00$ 10,800.00$ 40.00$ 12,000.00$
4" Topsoil Borrow
TOTAL BID AMOUNT$1,289,952.22$1,366,279.89$1,668,925.00
AGENDA ITEM
COUNCIL MEETING OF MAY 29, 2018
CLAIMS
CLAIMS
1805 (ACH PCard)
180860 - 181013
AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29, 2018
To: Wally Wysopal, City Manager
From: Korrie Johnson, Assistant Finance Director
Date: May 23, 2018
Re: Receive the 2017 Comprehensive Annual Financial Report and Audit Review
Each year the City of Fridley engages an independent audit firm to review its financial
condition. Finance staff and Redpath and Company audit staff undertook an extensive audit
process. Preliminary work for the 2016 audit began in December and continued through May.
The audit results, Comprehensive Annual Financial Report (CAFR) and accompanying data
will be presented and discussed at the May 29, 2018, meeting by David Mol, Partner with
Redpath and Company. The audit concludes positively for the City with an unqualified
decision. Opportunities for questions will be provided at the meeting.
Staff recommends that the Council make a motion to receive the 2017 Comprehensive Annual
Financial Report (CAFR) as presented.
AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29,2018
TO:Walter T. Wysopal, City ManagerPW18-039
FROM:James Kosluchar,Public Works Director
Brandon Brodhag, Civil Engineer
DATE:May24, 2018
SUBJECT:2018Street RehabilitationProject ST2018-01-Resolution Directing
Preparation of Final Plans and Ordering Advertisement for Bids
This item was tabled at the May 14 City Council Meeting.
The attached resolution directs preparation of final plans and specifications and authorizes
the advertisement for bids for the 2018Street Rehabilitation Project No. ST2018-01. The
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City’s Capital Investment Plan includesrehabilitation of 69Avenue from Central Avenue
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to Stinson Boulevardand along Anoka Street from 69Avenue to the south terminus.The
total project length is approximately 0.65miles.
The existing roadway is 52 feet on the east end and 60 feet on the west end where there
are turn lanes. This road was widenedin anticipation of high traffic volumes to/from New
Brighton as part of the Medtronic development. Traffic volumes on the roadway do not
support the need for such a wide road section–average annual daily traffic is 2800
vehicleson the west end near Medtronic.The roadway connects to Ramsey County Road
H at the eastern City limits, which is 32 feet wide, curbed on one side, with 4’ shoulders
(12’ lanes) and no parking.
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The proposed section for 69Avenue on the eastern portion is similar with 28 feet wide,
curbed on both sides with 2’ unmarked shoulders and 12’ lanes. This would reduce
pavement by 24’along the entire corridor. On-street parking would be eliminated. Turn
lanes would remain on the west end to serve Medtronic Parkway and Siverts Lane. The
trail is proposed to be moved to the south side of the roadway, and a stormwater treatment
swale will be constructed between the trail and the roadway.
The project, as proposed, in addition to reconstructing the street, will meet the following
goals:
Reducing maintenance
Reducing speed
Reducing cost of the project and assessment
Improving water quality
A Public Hearing on special assessments for this project was held on May 14,2018, City
Council meeting.Comments received at the public hearing included concerns for lack of
on-street parking and narrowing of the roadway.There were no comments or concerns
raised on proposed special assessments.
On street parking is generally not provided for multi-family residential developments as it
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has been to date on 69Avenue. However, due to site constraints, Timber Ridge
Townhomes was given special consideration and they have been presented with options to
allow for additional parking spaces adjacent to their property on Anoka Street to
supplement their on-site parking. Staff advised an agreed to number of spaces could be
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provided on either Anoka Street or 69
Avenue but the association would be assessed for
the added spaces at approximately $2,000-$2,500 per space.Staff provided a concept for
12 spaces of on-street parking on Anoka Street as an example (Anoka Street was chosen
as this would provide closer access to the southern set of townhomes). Staff attended
their HOA meeting, and clarified these concepts. Timber Ridge Townhomes Association
declined to pursue on-street parking due to cost.
While staff has had meetings and corresponded with Rice Creek Townhomes regarding a
similar offering of on-street parking that would be assessed, staff has not received a
request from Rice Creek Townhomes for on-street parking. Staff also notes that no
representative for Rice Creek Townhomes attended the hearing.
While the road section would be a change as well for residents that live in the single family
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homes on the south side of 69Avenue, this was not brought up as a strong concern at
prior meetings.The proposed roadway section meets state aid standards and is in place on
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other City state-aid routes.In addition, it is noted that residents on the south side of 69
typically have fairly large driveways compared to most single-family residential properties in
Fridley.
Staff believes that the project as presented meets numerous important goals beyond
rehabilitation of the roadway as outlined above. We also believe that reconstructing the
existing overly-wide roadway section and maintaining extensive on-street parking at the
City’s cost is not in the best interest of the City.
Staff recommends that the City Council move to remove this item from the table and
approve the attached resolution ordering final plans, specifications and calling for
bids for 2018Street RehabilitationProject No. ST2018-01.Further, staff will implement
any specific direction the Council may wish to provide regarding the proposed project in
completion of its plans.
BJB/bjb
Attachments
RESOLUTION NO. 2018-___
RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND CALLING FOR
BIDS: 2018STREET REHABILITATIONPROJECT NO. ST 2018-01
WHEREAS
, the construction of certain improvements is deemed to be in the interest of
the City of Fridley and the property owners affected thereby, and
WHEREAS
, the City of Fridley has prepared a Capital Investment Programto
systematically reconstruct streets in the City regularly to maintain roadway quality and
performance, and
WHEREAS
, the City of Fridley’s Engineering Department has completed preparation of
a feasibility report and estimates of costs thereof for the improvements, and
WHEREAS
,it is the intent of the City of Fridley to fund a portion of the project costs
through special assessments to benefiting property owners in accordance with its
Roadway Major Maintenance Policy, and
WHEREAS
, pursuant to direction of the City Council, a report has been prepared by the
City of Fridley Public Works Department with reference to the specific improvements,
and
WHEREAS
, Resolution No. 2018-15adopted April 9, 2018received the feasibility
report and called for a public hearing on the matter of the construction of certain
improvements listed therein, and
WHEREAS
, a public hearing regarding said improvements was set for May14, 2018,
and ten days' mailed notice and two weeks' published notice of the hearing was given,
and
WHEREAS
,at said hearing on improvements,the City Council heard all those persons
that desired to address the Council,
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, ANOKA COUNTY, MINNESOTA
:
Such improvement is necessary, cost-effective, and feasible as detailed
1.
in the feasibility report.
The improvements proposed in the feasibility report are hereby ordered
2.
to be effected and completed as soon as reasonably possible, to-wit:
Street and utility improvements, including milling, bituminous asphalt overlay,pavement
eclamation,trail construction, drainage, water mainand utility repairs including the
r
street segments as follows:
TH
AVENUE NEfrom CENTRAL AVENUE NETOSTINSON BOULEVARD NE
69
TH
ANOKA STREET NEfrom69AVENUE NE TO SOUTH TERMINUS
That the work be incorporated in the 2018STREET REHABILITATION
3.
PROJECT NO. ST2018–01.
That the work be performed under this project may be performed under
4.
one or more contracts as may be deemed advisable upon receipt of bids.
hat the Director of Public Works, James P. Kosluchar, P.E. is hereby
T
5.
designated as the engineer for this improvement. He shall oversee the
preparation of plans, specifications and estimates of costs thereof for
making of such improvements.
That final plans, specifications, and estimates are prepared by the Public
6.
Works Engineering Division and provided to the City Council as they are
completed.
That the Engineering Division call for bids in order that project award and
7.
construction can be considered.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29
DAY OF MAY, 2018
.
__________________________
ATTESTEDSCOTT J. LUND - MAYOR
DEBRA A. SKOGEN - CITY CLERK
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69 Avenue Existing Conditions – West Portion View to East
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69 Avenue Existing Conditions – West Portion View to West
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69 Avenue Existing Conditions – At Anoka Street View to East
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69 Avenue Existing Conditions – At Anoka Street View to West
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69 Avenue Existing Conditions – At East End View to West
Ramsey County Road H – View to East
VEHICLES/DAY
2018StreetRehabilitationProjectNo.ST201801SingleFamilyHomeDriveway
s
Notes
AddressLengthofDrivewayWidthofdriveway
2parkingstallsonWestsideofdriveway
131069thAvenue95'12'nearstreet,24'neargarage
132069thAvenue150'10'untilnearhouse,40'bygarage
133069thAvenue125'11'untilnearhouse,30'bygarage
134069thAvenue75'12'nearstreet,18'neargarageSeconddriveway145'X11',opensupneargarage
DrivewayentranceoffofSivertsLnaswell
135069thAvenue125'10'nearstreet,opensbygarage
136069thAvenue110'11'nearstreet,20'bygarage
137069thAvenue90'18'
Drivewayisalittlewiderneargarage
138069thAvenue90'12'
Turnaroundareaonthewestsideofdriveway
139069thAvenue110'20'
140069thAvenue75'18'
CITY COUNCIL AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Debra A Skogen, City Clerk
Ryan George, Police Captain
Date: May 25, 2018
Re: First Reading of an Ordinance Repealing and Recreating Chapter 125 of the Fridley
City Code Related to the Licensing of Massage Therapy Businesses and Massage
Therapists
Staff conducted research of the massage therapy business licensing due to issues the City has been
having with businesses that claim they do massage therapy but are really a front for criminal
activity. After thorough study and review staff prepared an ordinance which would create massage
therapy business license and individual massage therapist license and regulations. The draft was
provided to the police department and city attorney for review. Staff presented the draft ordinance
at the May 14, 2018 conference meeting for review and discussion by the City Council.
After the meeting, the City Attorney completed drafting the ordinance recommending the repeal and
replacement of City Code Chapter 125 entitled Saunas and Massage Parlors to Massage Therapy
Businesses and Massage Therapists and creating the requirements for a business and therapist
license and the regulations and conditions of the license. No major changes were made to the
ordinance since the conference meeting.
This ordinance
Provides findings for the licensing of massage therapy business and therapist
Creates definitions more in tune with a massag
Requires a license for a business and individuals
Provides similar exceptions to what is currently in the Code
Defines what is on an application
Defines the requirements of the applicants
Defines the initial term and renewal of license
Provides for the license investigation and verification
Provides a process for denial, suspension or revocation of a license
Defines License restrictions
Allows the police the authority to enter the business during business hours to inspect and
search the premises to ensure compliance
Sets the license and investigative fees
Staff recommends the City Council waive the reading and adopt the first reading of an Ordinance
Repealing and Replacing Chapter 125 Related to the Licensing of Massage Therapy Businesses and
Massage Therapists.
ORDINANCE NO. ____
AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY
CITY CODE RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES
AND MASSAGE THERAPISTS
THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY ORDAINS AS
FOLLOWS:
Section One.
Repeal and Replacement. Chapter 125 of the Fridley City Code is hereby
repealed in its entirety and replaced as follows and is hereby ordained and adopted:
CHAPTER 125. MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPISTS
125.01. PURPOSE AND FINDINGS
1.Purpose. The purpose of this chapter of the city code is to prohibit the operation of
massage businesses and the offering of massage services to the public except by those licensed
as massage therapy businesses and massage therapists pursuant to this chapter. The licensing
regulations prescribed herein are necessary in order to protect legitimate businesses, to prevent
criminal activity, and to protect the health and welfare of the community. The purpose of this
section is not to impose restrictions or limitations on the freedom of protected speech or
expression.
2.Findings of the City Council. The city council makes the following findings regarding the need
to license massage therapy businesses and massage therapists and to prohibit all other types of
massage businesses and services to the public:
A.Persons who have bona fide and standardized training in therapeutic massage,
health, and hygiene can provide a legitimate and necessary service to the general
public.
B.Health and sanitation regulations governing massage therapy businesses and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
C.Establishing license qualifications for massage therapy businesses and therapists
can minimize the risk that such businesses and persons will facilitate prostitution
and other criminal activity in the community.
D.Massage therapy businesses which employ persons with no specialized and
standardized training can tax law enforcement services because such businesses
are more likely to be operated as fronts for prostitution and other criminal activity
than operations established by persons with standardized training.
1
E.The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the public health,
safety, and welfare.
125.02. DEFINITIONS
The following words and terms when used in this chapter shall have the following meanings
unless the context clearly indicates otherwise:
1.Accredited Institution.
An educational institution holding accredited status with at least one of the federally-recognized
accrediting agencies.
2.Accredited Program.
A massage therapy program accredited by an educational institution holding accredited status in
the field of massage therapy with at least one of the federally-recognized accrediting agencies.
3.Advertise.
To publish, display, broadcast or disseminate information by any means that can be reasonably
construed as an advertisement.
4.Clean.
The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous
matter.
5.Good Repair.
Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and
similar defects so as to constitute a good and sound condition.
6.Issuing Authority.
The City Council.
7.Massage or Massage Services.
Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping,
pounding, vibrating, stimulating, or rolling of the external parts of the human body with the
hands, arms, or elbows or with the aid of any mechanical or electrical apparatus, or other
appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
2
8.Massage Therapy Business.
A person or entity which operates a business which hires or contracts with massage therapists
licensed by the city to provide massage services to the public. The owner/operator of a
massage therapy business need not be licensed as a massage therapist if he or she does not at
any time practice or administer massage to the public. A massage therapy business may
employ other individuals such as cosmetologists and estheticians, and these individuals are not
required to have a massage therapist license, as long as they are not providing massage services
to the public.
9.Massage Therapist.
An individual who practices or administers massage to the public for consideration.
10.Operate.
To own, manage or conduct, or to have control, charge or custody over.
11.Person.
Any individual, firm, entity, association, partnership, corporation, joint venture or combination
of individuals.
125.03. LICENSE REQUIRED
1.Massage Therapy Business License. It shall be unlawful for any person or entity to own,
operate, engage in, or carry on, within the city, any type of business offering massage services to
the public for compensation without first having obtained a Massage Therapy Business license
from the City pursuant to this section.
2.Massage Therapist License. It shall be unlawful for any individual to practice,
administer, or provide massage services to the public for compensation within the city without
first having obtained a massage therapist license from the city pursuant to this section.
125.04. EXCEPTIONS
A Massage Therapy Business or Massage Therapist license is not required for the following
persons and places:
1.Persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic,
physical therapy, or podiatry, provided the massage is administered by the individual in the
regular course of the medical business and not provided as part of a separate and distinct
Massage Therapy Business.
3
2.Persons duly licensed by this state as beauty culturists or barbers, provided such persons
do not hold themselves out as giving massage treatments and provided the massage by beauty
culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the
head and neck.
3.Persons hired or employed by a person duly licensed by this state pursuant to Minnesota
Statutes Chapters 147 or 148, or a dental professional licensed under Chapter 150A. Such
persons shall only be authorized to provide massage services on the business premises of the
employer.
4.Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or
group home established for the hospitalization or care of human beings.
5.Students of an accredited institution who are performing massage services in the course
of a clinical component of an accredited program of study, provided that the students are
performing the massage services at the location of the accredited institution and provided the
students are identified to the public as students of massage therapy. Students of an accredited
institution may perform massage services at clinics or other facilities located outside of the
accredited institution provided that they have at least 150 hours of certified therapeutic massage
training at the accredited institution prior to performing the massage services outside of the
institution, have proof of liability insurance, and are identified to the public as a student of
massage therapy.
6.Persons or or
provided the following requirements are met:
A.The massage is provided in a place of business where the massage can easily be
seen by any employee or visitor on the premises;
B. The location does not hold a license to sell alcoholic beverages;
C. Massages are offered at the location no more than ten (10) days per calendar year;
D. Each recipient of a massage remains in an upright position, either sitting or
standing; and
E.Each recipient of a massage remains in the normal daytime attire worn when
entering the business and does not remove any clothing except outwear such as a
coat or jacket.
125.05. LICENSE APPLICATION
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Licenses shall expire on April 30 of each year. All applicants shall complete and submit the
requisite license application form provided by the City and provide all information required
there, as well as comply with providing the following information:
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1.Massage Therapy Business License Application.
An application for a Massage Therapy Business license shall be made on a form supplied
by the City Clerk and shall include the following information:
A.All Applicants.
For all Massage Therapy Business license applicants:
(1)Proof that the proposed business location meets the zoning requirements of
(2)Whether the applicant is an individual, partnership, corporation or other
form of organization.
(3)The legal description of the premises to be licensed together with a site plan
showing dimensions, location of buildings, street access, and parking
facilities.
(4)The floor number, street number, suite number(s) and rooms where the
massage services are to be conducted.
(5)Whenever the application is for premises either planned or under
construction or undergoing substantial alteration, the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans for design are on file with the
Co the
City.
(6)Whether all city utilities, real estate and personal property taxes that are due
and payable for the premises to be licensed have been paid, and if not paid,
the amount in arrears and the time period the delinquency encompasses.
(7)All applications for licenses shall be signed and notarized. If the application
is that of a natural person, it shall be signed and notarized by such person; if
by a corporation, by an officer thereof; if by an incorporated association, by
the manager or officer thereof; if by a limited liability company (LLC), by a
member thereof. Any falsification of information on the license application
shall result in the denial, suspension or revocation of the license.
(8)The amount of investment the applicant has invested in the business,
buildings, premises, fixtures, furniture and equipment, and proof of the
source of such investment. If a partnership, corporation, or other form of
organization, the names and addresses of any other persons investing in the
business, building, premises, fixture, furniture and equipment, the amount of
their investment, and proof of the source of such investment.
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(9)Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, enterprise, business or firm, a massage
license that was revoked or suspended within the last five (5) years from the
date the license application is submitted to the City.
(10)Such other information as City staff or the city council shall require.
B.Individuals.
For Massage Therapy Business license applicants who are individuals:
(1)Full name, all aliases used, full address, phone number, and email address.
(2)Proof of whether the applicant is a citizen of the United States, a resident
alien or has the legal authority to work in the United States.
(3)Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where.
(4)Names
with the dates for such employment, occupations, e addresses and
contact information, including phone numbers and email addresses.
(5)Whether the applicant has ever been convicted of any felony, crime, or
violation of any ordinance other than a minor traffic offense. If so, the
applicant shall furnish information as to the time, place and offense for
each conviction.
(6)Whether the applicant has ever been engaged in the operation of a massage
therapy business or worked as a massage therapist. If so, applicant shall
furnish information as to the name, place and length of time of the
involvement in such an establishment and/or work as a massage therapist
and state if the applicant has ever had a massage business or therapist
license denied, suspended, revoked, or not renewed in any other city.
(7)A list of residential address at which the applicant has lived for the
preceding five (5) years.
(8)Whether the applicant has had an interest in, as an individual or as part of a
partnership, corporation, or other form of organization that has had a
massage license revoked or suspended within the last five (5) years of the
date of the license submitted to the City.
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C.Partnerships.
For Massage Therapy Business license applicants that are partnerships:
(1)The names of all general and limited partners and all information concerning
each general partner as is required for individual license applicants.
(2)The managing partner(s) shall be so designated.
(3)The interest of each general and limited partner in the business shall be
disclosed.
(4)A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name under Minn. Stat. § 333.02, a certified copy of such certificate shall be
submitted.
D.Corporations and Other Organizations or Entities.
For Massage therapy business license applicants that are corporations or other
types of organizations:
(1)The name of the organization, and if incorporated, the date and state of
incorporation.
(2)A true copy of the certificate of incorporation, and, if a foreign corporation,
a certificate of authority as described in Minn. Stat. § 303.02.
(3)The name of the general manager. corporate officers, and proprietor or other
person in charge of the premises to be licensed, and all the information
about said persons required for individual license applicants.
(4)A list of all persons who own or have a controlling interest in the
corporation or organization or who are officers of said corporation or
organization, together with their addresses and all the information regarding
such persons.
2.Massage Therapist License Application.
An application for a Massage Therapist license shall be made on a form supplied by the
City Clerk and shall include the following information:
A.full name, all aliases, full residential address, home telephone
number, cell phone number, and email address.
B.
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C.
employed.
D. The names, address, occupations, dates of employment and contact information
E. birth date, physical description, including weight, height, color of
eyes, and color of hair. The applicant shall provide an enlarged color photocopy
-issued I.D. front and back, or any other
government-issued photo identification. If the photocopy is unacceptable to the
police chief, or designee, the police department may take photographs for the file.
F. Whether the applicant has ever been convicted of any felony, crime, or violation
of any ordinance other than a minor traffic offense and, if so, the time, place, and
offense for each conviction.
G. Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, enterprise, entity, business or firm, a
massage license that was revoked or suspended within the last five (5) years from
the date the license application is submitted to the City.
H. The names, residential and business addresses, and current contact information,
including a phone number, for three (3) residents within the metropolitan area, of
good moral character, not related to the applicant or financially interested in the
character.
I.Proof of whether the applicant is a U.S. citizen, resident alien, or has the legal
authority to work in the United States.
J. Proof that the applicant has met the following requirements:
(1)Is affiliated with, employed by, or owns a business licensed as a Massage
Therapy Business by the City.
(2)Provides proof that the applicant has met the academic requirements by
providing the following:
a.A certified copy of a transcript of academic record from an
accredited program or accredited institution that has been approved
by the City; and
b.A copy of the diploma or certificate of graduation from an
accredited program or accredited institution approved by the City.
The accredited program or accredited institution must confirm that
the applicant has successfully completed a minimum of 600 hours
of certified therapeutic massage training with content that includes
the subjects of anatomy, physiology, hygiene, ethics, massage
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theory and research, and massage practice from the same
accredited program or accredited institution; and
c.Proof of current insurance coverage of $1,000,000.00 for
professional liability in the practice of massage;
(3)In lieu of the academic requirement listed herein, the applicant may provide
proof of passage of the National Certification Exam offered by the National
Certification Board for Therapeutic Massage and Bodywork and a minimum
of seven (7) years of full-time work experience as a massage therapist
within the United States. The applicant is still required to provide proof of
compliance with the remaining provisions of this section.
K.Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where as well as whether the applicant has ever had a
massage-related license denied, suspended, revoked, or not renewed in any other
community.
L.Whether the applicant has ever been engaged in the operation of a massage
therapy business, and if so, information as to the name, place, dates and length of
time of the involvement in such a business, including whether the business has
ever had a license for the business denied, suspended, revoked, or not renewed.
M.Such other information as the city council or staff shall require for the purpose of
approving the license.
125.06. TERM AND RENEWAL OF LICENSE
1.Licenses shall be issued for a term of one year. All Massage Therapy Business and
Massage
th
Therapist licenses shall expire on April 30 of each year. Licenses are non-transferable.
2.An application for a renewal of a Massage Therapy Business or Massage Therapist
license shall be made in the same manner as the original application. The license and
investigative fees shall be the same as the initial license application set forth in Chapter 11 of this
code.
3.If the license holder is a corporation, a new license application shall be submitted to the
transferred. If the license holder is a partnership, a new license application shall be submitted to
the City within thirty (30) days whenever a partner is added to the partnership.
4.After the completion of the initial license and renewal verification process for the
Massage Therapy Business license, City staff shall present a memo recommending approval or
denial of the business license to the city council in accordance with this section. If the license
application is denied, the City Clerk shall notify the applicant of the determination in writing and
by regular mail to the address provided on the application form within ten (10) business days of
the denial.
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125.07. LICENSE FEE
The fees for Massage Therapy Business and Massage Therapist licenses shall be set in Chapter
11 of this code. An investigation fee shall be charged for Massage Therapy Business and
Massage Therapist licenses as set in Chapter 11 of this code. Each application for a license shall
be accompanied by payment in full of the required license and investigation fees. An application
shall be deemed incomplete unless it is accompanied with the required fees, all documentation
required by this section, and is completed in its entirety.
125.08. LICENSE APPLICATION INVESTIGATION AND VERIFICATION
All applications shall be referred to the police chief, or designee, and such other city departments
as the City Manager shall deem necessary for verification and investigation of the facts set forth
in the application. The police chief, or designee, is empowered to conduct any and all
investigations to verify the information on the application, including ordering a computerized
chief, or designee, is authorized to access data maintained in the Minnesota Bureau of Criminal
Apprehensions Computerized Criminal History information system in accordance with BCA
policy. The police chief, or designee, and other consultants shall make a written
recommendation to the City Council as to the issuance or non-issuance of the Massage Therapy
Business or Massage Therapist license. The City Council may order and conduct such additional
investigation as it deems necessary. Upon completion of its investigation the City Council shall
grant or deny the license.
No investigation fee in part or whole shall be refunded. Out of state investigations shall require
the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation
shall be required in advance as set forth in Chapter 11. The applicant shall be refunded any
unused deposit upon completion of the investigation if the application is denied.
125.09. INSPECTIONS
In light of the high risk of involvement with illegal conduct an establishment providing massage
therapy poses to the general public, City staff and/or the police department shall have the right to
enter, inspect, and search the licensed premises during the hours in which the licensed premises
is open for business to ensure compliance with all provisions of this section. Any search of the
licensed premises is subject to reasonableness standards as recognized by the courts; search
warrants will be secured when applicable. Any entry into a private residence will require
consent, exigent circumstances, or a search warrant. With reasonable notice, the business
records of the licensee, including income tax returns, shall be available for inspection during the
hours in which the licensed premises is open for business.
125.10. LICENSE DENIAL, SUSPENSION OR REVOCATION
In addition to the grounds found elsewhere in the City Code, the following reasons are grounds
for the denial, suspension, or revocation of a Massage Therapy Business or Massage Therapist
license:
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1. The applicant has been convicted of criminal prostitution, similar sex offenses, or other
crimes directly related to the offering of massage therapy services or the running of a massage
therapy business and has not shown competent evidence of sufficient rehabilitation and present
fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota
Statutes Section 364.03, subd. 3.
2. The applicant is a partnership, corporation, or other entity which has in its employ or is
owned by any persons convicted of criminal prostitution, similar sex offenses, or other crimes
directly related to the offering of massage therapy services or the running of a Massage Therapy
Business.
3. The owner, manager, lessee or any of the employees are found to be in control or
possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by
state statutes, on the premises.
4. If the holder of a business license fails to maintain with the City a current list of all
employees of such licensed premises. The list for the establishment shall include all massage
therapists licensed under this chapter.
5.A material variance in the actual plan and design of the premises from the plans
submitted.
6.There is any fraud, deception, or misstatement on the license application.
7.The owner, manager, lessee, or their employees or any massage therapist, are convicted
of any ordinance violation or crime occurring on the licensed premises.
8.The licensed premises are not located in an approved zoning district or otherwise do not
meet the health and safety standards found within the City Code for the licensed premises.
9.The applicant is delinquent upon its payment to the City of utilities, taxes, fines, or
penalties assessed or imposed against the applicant.
10.The licensed activity is conducted in such a manner as to constitute a breach of the peace,
a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort
of the residents of the City, upon recommendation of the police department or an appropriate
City official.
11.The licensee fails to continuously comply with all conditions required as precedent to
approval of the license.
12.Based on the findings of a background investigation, granting a license would be a
menace to the safety, health, morals, or welfare of the public.
13.The applicant or licensee is not of good moral character.
14.The applicant or licensee is not the real party in interest of the enterprise.
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The City Council may suspend or revoke a Massage Therapist or Massage Therapy Business
license following provision of written notice to the licensee and a hearing. Notice shall be
provided to the license holder in writing at least seven (7) days prior to the hearing and shall state
the nature of the charges against the licensee. The notice shall be mailed by regular mail to the
licensee at the most recent address listed on the license application.
125.11. LICENSE RESTRICTIONS
1. Posting of License.
A. Business License. A Massage Therapy Business license must be posted in a
conspicuous place on the premises for which it is issued.
B. Massage Therapist License. A person licensed as a Massage Therapist shall post
the Massage Therapist license, along with a color photo, in a conspicuous place
on the premises at which the therapist is associated. A Massage Therapist shall
have readily available at all times when massage services are rendered a
government- issued photo identification card.
2. Licensed Premises.
A. Business License. A Massage Therapy Business license is only effective for the
compact and contiguous space specified in the approved license application. If,
following issuance of the license, the licensed premises is enlarged, altered, or
extended, the licensee shall inform the City Clerk of the same within ten (10)
business days of the enlargement, alteration, or extension. The licensee shall
meet with designated City staff who shall confirm that the enlarged, altered, or
expanded space is in full compliance with all City regulations, including the
building code. If the enlarged, altered, or expanded space is in full compliance
with all City regulations, the business license shall be amended to encompass the
larger space.
B. Massage Therapist License. A Massage Therapist license shall only be issued for
the location of the licensed Massage Therapy Business premises. It shall be the
continuing duty of each licensee to notify the City Clerk, within ten (10) business
days, of any change in the information or facts required to be furnished on the
license application and failure to comply with this section shall constitute cause
for revocation or suspension of such license.
3. Affiliation with Business Required. A Massage Therapist shall be employed by,
affiliated with, or own a Massage Therapy Business licensed by the City, unless a person or
place is specifically exempted from obtaining a Massage Therapy Business license pursuant to
this chapter.
4. Employment of Unlicensed Massage Therapists Prohibited. No Massage Therapy
Business shall employ or use any person to perform massage services who is not licensed as a
Massage Therapist under this section, unless the person is specifically exempted from obtaining
a Massage Therapist license pursuant to this chapter.
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5. Coverage of Genitals During Massage. The licensee shall require that the person who is
receiving the massage shall at all times have his or her genitals covered with non-transparent
material or clothing.
6. Therapist Dress Requirements. Any Massage Therapist providing massage services shall
at all times be dressed professionally.
7. Massage of Certain Body Parts Prohibited. At no time shall a Massage Therapist
intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, breasts, or
vaginal area of a person.
8. Restrictions Regarding Hours of Operation. No Massage Therapy Business shall be open
for business, nor will any Massage Therapist offer massage therapy services, before 8:00 a.m. or
after 10:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon
the licensed premises after 10:30 p.m. and before 8:00 a.m. daily. Support activities such as
cleaning, maintenance and bookkeeping are allowed outside of business hours.
9. Illegal Activities. In addition to the license restrictions set forth in this section, any
advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment
or by a licensed massage therapist shall be prohibited. A licensee under this section shall be
strictly responsible for the conduct of the business being operated in compliance with all
applicable law and ordinances, including the actions of any employee or agent of the licensee on
the licensed premises.
10. Restrictions Involving Minors. No license may be issued to a person under eighteen (18)
years of age.
125.12. RESTRICTIONS REGARDING SANITATION, HEALTH AND SAFETY
1. Toilet Room Requirements. A Massage Therapy Business shall be equipped with
adequate and conveniently located toilet rooms for the accommodation of its employees and
patrons. The toilet room shall be well ventilated by natural or mechanical methods and be
enclosed with a door. The toilet room shall be kept clean and in good repair and shall be
adequately lighted.
2. Paper/Linen Requirements. A Massage Therapy Business shall provide single-service
disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron
receives the massage; or in the alternative, if the table, chair, or furniture on which the patron
receives the massage is made of material impervious to moisture, such table, chair, or furniture
shall be properly sanitized after each massage.
3. Washing of Hands Required. The premises shall contain an on-site sink. The Massage
Therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs,
alcohol, or other disinfectants prior to and following each massage service performed.
4. Door Latches and Locks. Doors on rooms where massage services are provided shall not
be locked or capable of being locked. Locks, latches or other devices intended to secure a door
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so as to prevent it from being opened by any person from either side of the door with or without
a key cannot be present on any doors of rooms intended for Massage therapy.
125.13. PENALTIES
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code.
Section Two.
Effective Date. This Ordinance shall be effective beginning on August 1,
2018, following its adoption and publication according to law.
Section Three.
Fees. That Section 11.11 be hereby amended and ordained as follows:
125 Saunas and Massage Parlors
Business Investigation Fee $1,500
Operation and Maintenance $3,000/year
Certificate Investigation $100 each
Employee Massage Practice Certificate $50 each/year
125 Massage Therapy Business License Fee $400
Business Investigation Fee $400
Massage Therapist License Fee $50
Therapist Investigation Fee $25
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ___
DAY OF _______ 2018.
___________________________
SCOTT J. LUND, MAYOR
ATTEST:
_________________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Publication:
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ORDINANCE NO. ____
AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY CITY CODE
RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES AND MASSAGE
THERAPISTS
I.Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to license and
regulate massage therapy business and therapists.
II.Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 125 of the Fridley City Code be repealed in its entirety and replaced with new
language requiring the licensing and regulation of massage therapy businesses and individual
massage therapists.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. 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 Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
____ DAY OF ____, 20__.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
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AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 29, 2018
INFORMAL STATUS REPORTS