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05/22/1995 - 00001246� THE MINUTEB OF THE REGULAR MEETING OF THE FRIDLE% CITY COIINCIL OF MAY 22, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:37 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Piedge of Allegiance to the Flage ROLL CALL° MEMBERS PRESENT MEMBERS ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None STUDENT FOREIGN EXCHANGE WEEK: MAY 22-28, 1995: Mr. Burns, City Manager, read a proclamation proclaiming the week of May 22 through 28 as Student Foreign Exchange Week, � Mayor Nee stated that this proclamation is being sssued in honor of Constanza Sofia Figurroa of Chile and �dgar Alexis Maldonado of Costa Rica who are made honorary citizens of the City during �he duration of their stay in our community. A plaque and an American flag was given to each of these studentse Mr. Maldonado of Costa Rica stated that Constanza Figurroa was unable to attend the meeting this eveninq. He stated that he has been in Fridley for the last six months and will be here until January. He stated that his country of Costa Rica is a small country in South America, and their economy is �ased on agriculture. He stated that tourism is a3so a large attraction because of the beaches and the rain forest. �e presented a�lag of his country to the Mayor and City Councile PLAT AND REZONING REQUESTS FOR THE SOUTHWEST OUADRANT: Mayor Nee stated that the plat and the rezoning �ec�uests for the southwest quadrant of University Avenue and Mississippi Street originally scheduled for this agenda will not be considered. �e stated that notices will be sent to everyone affected advising them when these items come before the Council. ' � FRIDLEY CITY COUNCIL MEETING OF MAY 22.1995 PAGE 2 � APPRQVAL OF MINUTES: SPECIAL COUNCIL MEETING. MAY 15. 1995e MOTION by Councilman 5chneider to approve the minutes as presentede Seconded by Councilwoman Sorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared rhe motion carried unanimouslg, Mr. Burns, City Manager, briefly reviewed the proposed consent agenda items. APPROVAL OF PROPO5ED CONSENT AGENDA: OLD BUSINESS; 1. SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED 11BUILDING CODE,10 BY AMEND%NG SECTIONS 206.01.02. 206.D1.03, 206,01.04, 206.03.01. 206.03.02, 206.05.01, 206.07.07, AND 206.10.04: Mr. Burns, City Manager, stated that this ordinance adopts the 1994 version of the State Uniform �uilding Code and seTated Minnesota statutes, and it replaces �he 1988 version adop£ed in 1989. He stated that staff is recommending adoption of � this code with the exception of the fees �or mechanical, plumbing, and electrical permitse �r, Burns outlined �he increase in fees based on the value of ghe construction. He stated that as a result of discussions, staf� has prepare� a list of options for a reduction of permit fees for those participating in various housinq rehabilitation programs. REMOVED FROM THE CON3ENT AGENAA AND PLACED ON THE REGULAR AGENDA A3 ITEM 16. 2. I2ECEIVE PETITI�N NO. 7-1995 OPPOSING THE fl2ELOCATION OF A LIOUOR STDRE TO THE SOUTHEAST CORNER OF 73RD AVENUE AND UNIVERSIT3C AVENUE; Mr. Burns, City Manager, stated �fiat this is a petition containing 353 signatures in opposition to relocating the municipal liquor store to University and 73rd Avenues. RECEIVED PETITION NO. 7-1995. 3. RECEIVE BIDS AND AWARD CONTRACT FOR TENNIS AND BASKETBALL COURT COLOR COATING AND OVERLAY SURFACING PROSECT N0. 284: Mr. Burns, City Manager, stated that four bids were receaved � for this project for tennis and basketball court color coating and overlay surfacing. He outlined the courts that were included in this project. Mr. Burns stated it is recommended that the contract be awarded to the low bidclerA Dermco Construction in the amount of $64,577� � �J � FRIDLEY CITY COUNCIL MEETING OF MAY 22.1995 PAQE 3 RECEIVED THE FOUR H2D8 AND AWARDED THE CONTRACT TO THE LOW BIDDERa DERMCO CONSTRUCTION IN THE AMOUNT OF $64,577. 4. CLAIMSe G� 6. APPROVED - NOSe 61863 THROUGS 62029e LICENSES° APPROVED A3 SUBMITTED AND ON E'ILE Y�I THE LYCEN3L CLER$�S OFFICE. ESTIMATES° AEPROVED� AS FOLLOWS; Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.Ee Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1995 Standarcl Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 1995 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 279 Estimate No. 1 . . . . . . . . . . $14,426.25 $18,985.56 There were no comments from the audience regardinc� the a:onsent agenda items. Councilman Schneider requested that Item 1 be removed from �he consent agenda and placed on the regular agenda. MOTION by Councilman Billings to approve the consent agenda items, with the exception of Item 1. Seconded by Counciiwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee decTared tlhe motion carried unanimously. MOTION by Councilman Billings to add Item 1 from the consent agenda to the reqular agenda as Item 10. �econded by Councilwoman Jorgenson. Upon a voice vote, all votincy aye, Mayor Nee declared the motion carried unanimouslye ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the regular agenda as submitted. Seconded by Councilwoman Jorgenson. `Upon a voice vote, all voting aye, Mayor Nee dealared the motion carriecl unanimously, � � � FRIDLEY CITY COUNCIL MEETING OF MAY 22,1995 PAGE � OPEN FORUM. VISYTORS: DONALD MEYERS, 146 63-1/2 WAY N.E.: Mr. Meyers, 146 63-1/2 [4ay N.E., stated that he was pleased to present Council with an expression of support from over 1,000 taxpayers requesting Council to recognize the efforts of Jokan Gargaro and change the name of Community Park to John Gargaro Community Park. He stated that these 1,000 signatures represent a significant response from the voting public. %3e statecl that never in Fridley's history has there been such a strong ou�pouring from the citizens to recognize one of their owne Iie stated fhat these signatures are from persons in all walks of Tife conveying their respect and admiration for who John Gargaro was and wha� he exemplified in his daily Yifee Mr. Meyers stated that John Gargaro is recognized £or his dedica� tion of service, for what the aommunity respects, and £or values in its citizens. He stated that no one person has exemplified the personal dedication to the community as John did for Fridleye He stated that he believed John earned a unique spot in our community and that this should be formally recognizede iie stated it is important that the community make a strong statement on what they value in their citizenry. By recognizing John, these values are perpetuated. Mr. Meyers stated that it has been one year since John Gargaro"s untimely death. He stated that over two years ago he served as Master of Ceremonies at a recognition dinner for John Gargaro amcl people touched by John came to honor him. Mr. Meyers stated that Council probably saw the brochure concerning John Gargaro circulated in Focus News; however, he would like Council to review it as they contemplate their deci�ion. %ie stated that John contributed much to the community, as others have also contributed, and this is no slight to those who have and will continue to make Fridley a great place to live and worlc. YIe stated �hat he believeci appropriate Fridley citizens have been honored in the past, and it is important to continue to honor those that have forged Fridley's history. He felt that it zs proper that a signi- ficant memorial to John be established to serve as a recognition to present and future citizens. He stated that Community Park is used every day and serves the community well. it is the only place that would serve as a fitting tribute to John Gargaro. He statecl that he felt privileged to have this opportunity to represent �he 1,000 petitioners, many of whom themselves have given to the community. Ms. Carole Miller presented the flyers and ballots to the Mayor and City Council. MOTION by Councilwoman Jorqenson to receive the ballots. �econded by Councilman Schneider. Upon a voice voEe, all voting aye, Mayor Nee declared the motion carried unanimouslyo � � � FRIDLEY CITY COUNCIL MEETING OF MAS 22.1995 PAGE 5 Mayor Nee stated that Council has instructed City sta�f to pursue the question of how tribute might be paid to John Gargaro. He stated that he would like staff to present this concept and obtain some feedbacko Ms. McPherson, Planning Assistant, stated tfiat she was very honored to have been asked by the City Manager and the City Council �o design a citizen commemorative space, rather than a memoria3, to recognize past, present, and future citizens for their efforts. She stated that tfie intent is �o create a space to reflec� ora those individuals who would be honored. Ms. McPherson presented a mode� of this proposed commemorative space consisting of a circular granite area with a water feature, ornamental trees, and an area £or a plaque to honor those citizens who have contributed to the community. The names oP those to be honored woulcl be engraved in the granite pavers. Councilwoman 3orgenson commended Ms. McPherson on the design of this space to be used to recognize persons who have contributed to tfie community. She statecl that part of her concern was that the City only has so many parks that could be named to recognize an individualos contributions to the community. To create something unique to recognize persons who shaped the community may be a better alternative. Councilman Schneider felt that the commemorative area was very impressive and serene. He stated that he agrees with Couttoilwoman Jorgenson's comments that it is not intencled that John Gargaro's contributions should be diminished in any way� IIe stated that there are others who did or do as much as John, and the commemor� ative area would provide a way for the City to recognize these contributions. Mayor Nee stated that the commemorative area is quite unusual and a unique way for the City to recognize outstanding citizensflZape Councilwoman Bolkcom stated that she visited these same kinds of monuments in Washington D.C., and they are very reflective of contributions made by citizens. Councilman Billings stated that this area would be a permanent structure to honor everyone--past, present, and future. YIe �tated that there has also been discussion on recognition of John Gargaro on an individual basis and possibly namincy a softball field after him. He stated that this matter has caused Council to look at al� of the citizens who have done or will do something significant for Fridley. He felt that this commemorative space would be the answer. He felt that it would be a wise decision a�ot �c� name any of the parks after an individual, as several generations from nowa someone may feei another ci�izen is just ox more im�ortant, and th� name of a park may be subject to change, FRIDLEY CITY COUNCIL MEETING OF MAY 22,1995 PAGE 6 � Ms. Carole Miller, 5784 7th Street, stated �hat to rename Community Park after Jorin Gargaro shows what he stood for and what every community hoped there citizens would be, She felt that if Fridley renames the park in Johnos honor, it would make an impression that this is where Fridley places its valuese Mayor Nee stated �hat Council has no't made any firm decision at this point and will estplore different possibilities, YIe aslced tha�. they review this proposal. He also said that Ms. McPherson wou3d answer any questions. PUBLIC HEARINGS: 7. PUBLIC HEARING ON REZONING REOUEST, ZOA #95-03, BY RMS COMPANY, TO REZONE FROM M-1, LIGHT INDUSTRIAL. TO C-2. GENERAL BUSINESS, GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2): MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy and the public hearing opened at Se15 p.m, Mr. Hickok, Planning Coordinator, stated that this is a reciuest � from RMS Company to rezone property located south of Osborne Road between Baker Street and Highway 65 from M-1 to C-2, He stated �hat earlier this year, RMS had requested a variance to a11ow an industrial user to deveTop this site, however, the aompany relo- cated elsewhere. He stated that the property was rezoned from C-2 to M-1 in 1990 because RMS was going to expand. He stated that two years later, RMS sold to Premier Industries, and this small parcel was not developed as intendecl. Mr. Hickok stated that the Planning Commission reviewed this request and unanimously recommended approval of this rezoning. Councilman Schneider stated that this is� basically, a rezoning back to the original zoning, as the rezoning �o M-1 was for a development that never took place. Mr. Hickok stated that the rezoning request would rezone back to the original zoning district of C-2. He state� tY�a� if the rezoning is approved, it is recommended that the land be plattecl as one single loto No persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Schneider to close �he public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.mo -- --- ---------- FRIDLEY CITY COUNCIL MEETYNG OF MAY 22.y995 PAG� 7 � 8. PUSLIC HEARING ON REZONING REOUEST, ZOA #95-02, �Y THE CITY OF FRIDLEY TO REZONE PROPERTY FROM �-2, HEAVY YNDUSTRIAL. TO C-2 GENERAL BUSINESS. TO ALLAW THE CONSTRUCTION OF A NEW MUNICIPAL LIOUOR STORE, GENERALLY LOCATED AT 7299 iTNYVERSITY AVENUE N.E. (WARD 1)e_ MOTION by Councilman Sillings to waive the readinq of the public hearing notice and open the public fiearing. �econded by Council- woman Bolkcom. Upon a voice vote, a13 voting aye, i�Iayor Nee declared the motion carried unanimously and �the public hearing opened at 8:20 p.m. Ms. McPherson, Planninq Assistant, stated that this is a rezoning request by the City for property located at TJniversity and 73rd Avenues. She stated that the property is currently zoned M-2a heavy industrial. She stated that the property �to the west is zoned C-2; the property to the east is zoned M-2; and the property to the north is zoned residential. .'IS. S�icPherson stated that the purpose of the rezoning is to allow the construction of a new Municipal Liquor Warehouse. She stated that the parcel has been vacant since the incorporation of the City. Ms. McPherson stated that in 1989, Councii considered a special use permit by Phillips 66e She stated that this request was denied � on the basis that the square footage of the retail space exceeded the 30 percent permitted in the M-2 zoning district. Ms. Mcpherson stated that a wetland was identified on this parcel by the U.S. Fish and Wildlife Service, in 1989, and was indicated on the National Wetland Inventory Map. She stated that the City fiired a consultant, Peterson Environmental Consulting, to determine the extent of the wetland. She stated that it was determined by the consultant that a wetland was not Yocated on �his parceY, and tfie hydro-logy did not exist to meet the criteria in the 1989 federal wetland delineation manuale Ms. McPherson stated that the City is proposing to construct a 11,600 square foot Liquor Warehouse on this parcel. She stated that the building meets a11 the set➢�ack and parking requiremen�s of the C-2 zoning district. She stated that �he entrances to the site would be located on the southeast portion of the property. She stated that the City has developed a drainage pTan in compYi- ance with the City's regulations, She stated �hat a series of detention ponds would be created on the site, and a landscape plan has also been developed. She stated that the City proposes to e�se larger trees so that the site appears more mature once �he building is constructed. � Ms. McPherson stated that the building is proposed to be construc- ted o£ jumbo brick with windows locateci along the west �iacade. She stated that signage would be on the west and northwest portion of tfie building. She stated that on the nortka end of the buildingp � � � FRIDLEY CITY COUNGIL MEETIN� OF MAY 22,1495 PAGE 8 towards the residential district, staff is recommending little or no signage. She stated that there would be two 15 foot light standards on the east portion of the parking lot which wouid be downcast into the parking lot. She stated that, in addition, there would be some security lights along the eas� an� the south exit door which would be on timers to shut off after the store is closed. Ms. McPherson stated �hat a traffic consuYtant reviewed the traffic impact and indicated that the intersection at 73rd Avenue and the service road would not be adversely impacted by the construction of the Liquor Warehouse, She stated that this proposed rezoning request does meet the criteria that the proposed use is compatible with the proposed zoning districtp compatible with the surrounding uses and zoning; and meets the requiremen�s of the proposed district. She stated that staff recommends approval of this rezoning request. Councilwoman Jorgenson asked what other types of businesses could locate in a C-2 zoning district if the property is rezoned but the Liquor Warehouse is not construoted. Ms. McPherson responded tha� a bank, restaurant, offices, drive- through restaurant, medical facilities, and other similar types of uses could locate in this zoninq districto Councilman Schneider asked if all the setback, parking, and sign code requirements would be met or if variances would be necessary if the Liquor Warehouse was constructe�e Ms. McPherson replied that no variances would be xequired, and all code requirements would be met. Mr. Pribyl, Finance Director, stated that this project was necessi- tated because the current site of the City°s MunicipaT Liquor Ware- house is under redevelopment. He stated that tfie Liquor Warehouse was moved to 214 Mississippi Street as a temporary location, and it was not intended to be long-term. He stated that the City is looking for a profitable site to move the Liquor warehouse store to provide additional revenue for City opera�fons. Mr. Pribyl stated that the City needs to provide a wide range of products at a low price to satisfy the customers. He stated �hat they have £ried to introduce more upsca�e products and are expan- ding the seleotion o£ wines to appeal to a�roader �ase of customers. He stated that the key is �o provide customer assis- tance and service. Mr. Pribyl stated that the City needs �o have sufficient space to purchase a high volume of products in order �o sell at a lower price. Mr. Pribyl stated he feels that the City has a high �evel of control over the sale to minors. He stated that employees receive L_ J � FRIDLEY CITY COIINCIL MEETYNG OF MAS 22.1995 PAGE 9 continued training in this area. Fie stated that with the City involved in the sale of liquor, it tends to reduce the numbex o£ other off-sale liquor facilities in the City, Mr. Pribyl stated that there has been an analysis done regarding the proposed sales in relation to the costs for construction of �he building. He stated that the worse case scenario would be a $216,000 profit, with the possibility of $638,000, and most likely $322,000, after expenditures for the 1and, building„ k`urniture, and fixtures o£ approximately $1.4 million, Mr. Pribyl stated that the City has developed experience in the liquor industry, In the last five years it has taken over a larger market and continues to grow. FIe stateci that the �ity has a professional and educated staff, and the customers appreciate their knowledge of the products. He stated that the �enefits of being in the liquor business are increased revenue for the City and the potential reduction of property taxes, Mr. Pribyl stated that there were a number of concerns raised at the Planning Commission meeting. He stated that one was regarcYing traffic and bicycles on the frontage road. He felt that one soTu- tion may be to use the proceeds from the liquor operations to construct a bike path between 69th and 73rd Avenues on the east side o£ the frontage road. Yie stated that another concern was the number of police calls. He sta�ed that in the past two years, there have been ten police calls to the present Liquor Warehouse. Mr. Pribyl stated that the question was raisecY about tfie proximity of the proposed Liquor Warehouse to churches and scfiools. He stated that nine out of twelve churches and �wo out of eight schools are farther away than the present site. Iie stated that in regard to police monitoring of bike paths ancl parlcs, Anoka County provides Friday, Saturday, and Sunday bike patrols. He stated that Anoka County is considering adding a mounted pattrol, and the Fridley Police, as well, have their own bike patrol. Mr. Pribyl stated that in regard to the traffic, the marketing study indicated a gossible reduction in loca3 customers of two percent, and that woulcl probably mean iess traffic on the Yoca3 streets. He stated that in regard to the traffic stacking on 73rc1 Avenue, the consultant found that the traffic flows would not adversely affect that intersection. Fie statecl that there wou3d be a slight increase in the wait time but not significant enough to cause a problem at the intersection. Mr. Burns, City Manqer, stated that this public hearing concerns the rezoning issue. He stated that no variances would be required � if the Liquor Warehouse is constructed. He stated that there would be a great deal of screening to tha residential area, and he believed the building would tastefully blend wz�h the Northco property. � � � FRIDLEY CITY COUNCIL MEETYNG OF MAY 22.1995 PAGE 10 Mr. Darrell Ritzema, 7436 Concerto Curve, stated that he talked with Councilman Billings several weeks ago, and it was mentioned that this is an emotional issue. He stated that he was advised to come up with a good reason why the Liquor Warehouse should not be on this site. He said that the reason is that �he people do not want it there. Mr. A1 Quam, 399 73rd Avenue, asked if any other sites have been investigated. Mr. Pribyl looking at highest on gated more wetland. stated that over the last five years the City has been different sites. He stated that this one was the the priority list, but the reason it was not investi- fully until now was because it was identified as a Mr. Quam asked why the Phillips 66 station, who wished to develop this site, did not have enough spacee Ms. Dacy, Community Development Director, stated that Phillips 66 applied for a special use permit under the present zoning of M-2, heavy industrial, due to the amount of commercial space in their proposed building, which exceeded the 30 percent permitted in an M-2 zoning district. She stated that if this rezoning is approved, the principal use would be a retail store, and it is the reason the rezoning is requeste� to C-2, general business, Mr. Quam stated that plans were formulated before anyone in the neighborhood was aware of it. He felt that there are alternate sites available, and that there is an overwhelming disapproval from the neighborhood, especially because i� is a liquor store. He stated that there are parks, schools, and churches in the neighbor- hood, and the Liquor Warehouse would be incompatible. Mr. Quam stated that the residents expect the zoning �o remain compatible with the neighborhoocY. FIe asked tha� the rezoning to commercial not be approved. He felt that if the City was going to spend resources on these projects that they should involve the neiqhborhood. He asked that Council listen to the residentse Mr. Bob Schroer, 490 Rice Creek Boulevard, stated that he finds it diPficult to believe that this site is the only spot where the Liquor Warehouse can be Yocate�. Y3e statecl that he ]cnows that Council studied other areas, but one area that comes 'to mind is at Osborne RoacT. FIe felt that this would be a better location and less offensive to the neiqhborhood. Yie sta�ed tY�at he rias submitted his comments to Council in a letter regarding his feelings about this location, Mr. Schroer felt that locating the Liquor Warehouse on Osborne Road between University Avenue and East River Roadeaould have a bot more to offer. Y-Ie felt that the proposed 3ocation woul� not attrac� any FRIDLEY CITY COUNCIL MEETYNG OF MAY 22,1995 PAGE 3Y � customers from East River Road. He stated that a site on Osborne Road gives a destination point, as there is other shopping in the area. He stated that the traffic flow aTso would be better, as it would not flow into residential propertye �e cyuestioned if the City would rezone this property for a private individual if �he City was not in the liquor business. Ms. Char BTUhjelY, 7535 Lyric Lane, questioned the tragfic stu�ye She stated that she has three children, and they have trouble crossing 73rd Avenue to use the park because of the traffic coming from Columbia Arena. She stated that adding traffic £rom the Liquor Warehouse would make the situation worse. �he stated that Fridley has a wonderful DARE program, and s�e couid not believe tfie City was considering a Liquor Warehouse so close �o the parks and the arena, as it is a constant reminder for children. She sta�ed that Council is fighting against the DARE program with this rezoning for the Liquor Warehouse. She stated that she did not want to see the sale of alcohol at this locatione She also said that the bike patrols are stopping underage youth now for drin�ingo Mr. John Miller, 7350 Lyric Lane, a3so questioned the traffic study. He stated that at the Planning Commission meeting, it was stated that ninety cars per hour were expected to access the Liquor Warehouse. He stated that right now on Friday eveningsy there is � a four minute wait to make a left turn off 73rd Avenue to get on the access road into Melody Manor. �e stated tha� if there are ninety cars per hour at the Liquor Warehouse, he can imagine what �hat will do to the traffic problems, Mr. Miller stated that the Liquor Warehouse is ��oc�r r°ealizing a $134,00o profit. To say that his will double just will not happene IIe stated that if the City is not profit motivated wh� invest $ia4 million in taxpayers' money. He asked tha� the property not be rezoned for the Liquor Warehouse. Ms. Madelan Lawson, 1026 64th Avenue N.E., stated that she objected to this rezoning for the Liquor Warehouse because of the proximity of the parks and the arena. She stated that the City has another liquor store, and she did not see why this one was needecl. Mr. Don Vant, 406 Rice Creek Boulevard, stated that liquor is not being controlled in the parks now and never has �een, as he is constantly picking up liquor bottles in the parlco hie stated �hat the park is sadly in need of law enforcement and once tfie liquor is sold, the control is qone. Iie stated that he di� s�ot thiz�k there should be a liquor store at this location. Ms. Carol Schreiber, 7399 Lyric Lane, stated that she did not want � this site rezoned for reasons of safety £or the children and the additional traffia. She stated that there are many abandoned and strip mall sites where a liquor store could be located. � FRIDLEY CITY COIINCIL MEETING OF MAY 22.1995 PAGE 12 Ms. ➢iane Mahowald, 7451 Lyric Lane, stated that their neighborhood is very well established. 5he stated �hat when they moved to Melody Manor, there was not anything Yike a igquor store around, and that was one of tfie reasons they located in this area for safety and the sense of community. She stated that it is not fair to locate a liquor store on this site because �hey were there before the liquor industry, Ms. Ann Hagen, 551 Rice Creek Boulevard, stated that if the potential of ninety cars per hour is added to the existing traffic, it will create traffic problems. She asked that Council consider another location not near the parks. 5he stated that she feels a sense of pride for the beautiful parks, and this would cease once liquor is sold, as there is no controle Ms. Pat Henke, 7535 Tempo Terraoe, stated that there is not a time around 6:00 p.m. that you can safely cross 73rd Avenue to get to Locke Park. She stated that if any traffic is added �0 73rd Avenue, it would be a hazard to the childrena and someone would get hurt. Ms. Vilet Isler, 1287 Norton Avenue, stated that liquor stores do have adverse effects. She stated that she has a friend in Coon Rapids, and three qangs there attacked her child. She stated �hat ,it was necessary to invoke the no staTking law to protect the - child. Ms. Barbara Tangren, 7368 Symphony Street, stat2d that she is concerned about young ctxildren who are biking and who would be affected by the location of the Liquor 6Varehouse on this site. She stated that she has friends who have a parcel of land they wish to sell of which the City may want to consider for the location of a liquor store. Mr. Mike Larson, Liquor Operations Manager, stated that tfie site in which Ms. Tangren is referring bs on East itiver Road near pow Brands. Ms. Tangren asked if Council would consider a par)c on tr.his siteo rather than a iiquor store and consider helping the residents construct a park, as she felt the site needed to be preserved. Councilman Schneider stated that residents oftexn wish to have a park construclted on sites proposed for rezoninge IHe asked if they would support such a proposal i£ the Citlr were to assess the cost to the residents for purchasing and maintaining this property as a parlt. � Ms. Tangren stated that perhaps there was a way in which the City could assist the residents in such a venture, � � � � FRIDLEY CITY COUNCIL MEETING OF MAY 22.1995 PAG� 1� Ms. Char BruhjelY, 7535 �yric Lane, stated that �he City could consider obtaining volunteers and suggested that the commemorative space that was discussed earlier may be a possibility for this site. Mr. Wilbur Ertl, 7370 Lyric Lane, stated that Lyric Lane has always been considered a hazard. He questioned why the City did not builci a downtown area and locate the Liquor Warehouse ira that area. Ms. Suzanne Holm, 7424 Melody Drive, stated that the residents are �told this is a rezoning issue, but tfiere is still talk about the Liquor Warehouse. She stated that it is impossible �o get a Yiandle on what the Council is doing, as both the rezoning and Liquor &Iarehouse are being discussed. She suggested putting the Liquor YJarehouse and the redevelopment area gogether irn an urban environment where they beYonge Mr. Ron Killian 7301 Concerto Curve, stated that he has personally witnessed traffic going off on the shoulcler of tfie street to get through Melody Manor to Osborne Road during rush houro &ie stateci that there is aYready a traffic problem at �his intersectiona gIe stated that as far as police calls at the existing store, it is located close to the police station, and this proposed Liquor Warehouse will now be located in a secTuded areap hidclen by trees with an easier escape, and places to hide, He stated that this is a concern with the rising crime ratee Councilman Schneider asked what type of ]businesses couid Yocate on this site as it is currently zoned. Ms. Dacy stated that permitted uses in an M-2 zoning district are warehouses, manufacturing, assembly, or any �ypes of businesses relateci to an industrial use. Councilman Billings asked how many loopback parcels are located in the City. Ms. McPherson stated that there are nineteen, with thirteen zoned C-2 and six zoned R-2, C-3 or M-1. Councilman Billinqs asked the zoning designa'cion of this site gra the City's Comprehensive Plan. Ms. McPherson stated that the land use designation indicates this parceT as commerciala Councilman Billings asked Mr. Larson, ]Liquor Operations Managerr if there was a problem with trash in the parking lot of the Liquor Warehouse or on neighboring sites, such as the church propertiese Mr. Larson stated that in his conversations with the church personnel, they have not had any problems. EIe stateo� that +they � FRIDLEY CITY COUNCIL MEETING OF MAS 22,1995 PAGE 14 have two trash barrels in the Liquor Ware�ouse parking 3ot, and they have had no problems. Councilman Billings asked if any compYaints were received from �he residents in the neighborhoods of the two �iquor stores about persons purchasing liquor at the stores and traveling or stopping in the neighborhood and having drinking parties, Mre Larson stated that he has not received any such complaintse Councilman Billings asked Mr. Larson if he has noticed any addi- tional activity of teenagers or high school age students trying to purchase liquor at the Highway 65 Liquor Annex since Sports Spree located in the building to the south. Mr. Larson stated that he has not seen a� increase in this activity. Mr. John Miller stated that he did not feel it was �air to ask the Liquor Operations Manager these questions because he would agree that there are no problems, He felt that tfiese questions should be directed to the appropriate persons such as the Police Department. � CounciTman Billings stated that it is the City°s responsibility to determine the facts. Ae s�ated that rather �han addressing Mr. Larson, these questions can be directed to the City Manager who is responsible for all City departmentse Councilman Billings asked Mr. Burns, City Manager, if he periodi- cally has discussions with the Public Safety Director regarding police problems which may or may not be related to the liquor storesa Mr. Burns stated that, typically, he has these discussions, and they are the same facts that Mr. Larson was asked to provide. Councilman Schneider asked Mr. Miller if he has some direct knowledge of problems at the liquor stores, Mr. Miller stated that he did not, but he felt questions were being directed fo someone who is biased. Councilman Schneider asked Mr. Miller to whom these questions should be directed. Mr. Miller stated that the neighbors should be asked. � Councilman Schneider stated that since rie has served on the Council, he has had only one ca1T relative to probPems at the liquor stores. He stated that he believes the liquor stores are well-managed. FRIDLEY CITY COIINCIL MEETING OF MP,Y 22,1995 PAG� g5 � Ms. Carol Schreiber, 7399 Lyric Lane, stated that before anyone was informed of this proposal, a lot of money was spent on traffic reports, and Council already decided the� were going to move the Liquor Warehouse. She stated that it seems this hearing is to appease the residents. She stated that gn a democracy, people who go against the wishes of the citizens will not Y�e re-electede Councilwoman Bolkcom stated that she has not made a decision on this rezoning. She felt that everyone would agree that the resi- dents should have been involved sooner, but she wanted everyone to work together. Councilman Schneider stated tfiat Ms. Schreiber raised a goocY point on the studies that were conducted. Iie stated that, normally, there is a developer that is proposing the rezoninge ancY Council receives information on the platting, traffica and drainage issues, in order to make a decision. He stated that in this case, the City is the petitioner and wearing both hatse He stated that if the City proceeded without that dataa it would be unfair £or the residents to attend this meeting when there is no informatiora available. He stated that, in reality, the studies needeci �.o be completed to present this data to the residents, Councilwoman Jorgenson stated that in the Cityos spring newsletter, � she aslced the question if the City should remaira ira the liquor business or get out of it. She stated that she received about twenty letters and twelve or thirteen teYephone ca1Ts, and �Tle response was divided. She stated that the City had not specifi- cally discusseci any sites at that time, but an estimate was given on the amount of profit over the next ten years. She stated 'chat because the Liquor Warehouse was located in the southwest quacirant, which was a redeveTopment area, funds were set aside �o move tc another location if the City chose to remain in the liquor store business. Councilwoman Jorgenson asked if it would open the City to ot�er off-sale private establishments if the City eaould leave the liquor businessa Mr. Pribyl stated that is a Council decision if they want a dry City or wish to issue other off-sale private licenses. Councilwoman Jorgenson stated that if this parcel is rezonecT, it does not necessarily mean a liquor store will be built on this site. She stated that four affirmative votes are needed to rezone. Because this is not a specificaTly budgeted item, four votes would be necessary to construct a liquor store. ' Councilwoman Jorgenson asked what the residents would like to see on this property if the rezoning is approved ancY a liquor store is not constructed on the site, FRIDLEY CITY COUNCIL MEETING OF MAY 22,1995 PAGE i6 � The reply from the audience was �0 leave it as it is now� Mr. Tim Breider, 7550 Tempo Terrace, stated �hat it is difficult to address this one parcel because to the east there is a large piece of undeveloped property. He felt that all this land had to be addressed rather than just this site. Councilwoman Jorgenson stated that eventually, developers will want to develop that land, and what can assist Council is to find out what the residents would like on those parcels. Mr. Breider stated that there are retail businesses located in the area now which generate traffic that comes and goes at various times. He stated that he did not know w�o conducteci the traffic study, but a person cannot get across 73rd Avenue in the evening hours. He felt that what the residents would like is the type of business that has traffic during the day at different hours such as small retail businesses, Councilwoman Jorgenson stated that with this particular parcel, she would prefer that it be zoned commercial rather than industrial, She stated that a gas station could locate on this parce�, and she felt that a liquor store would be better, She stated t1�at she lives one block £rom � gas station, an� tlhis is not a good � situation. 5he stated that the service roads into Me3ody k�Ianor protect the neighborhood from the business areae Ms. Hazel Vick, 7433 Concerto Curve, stated she felt that a senior center should be located on this site, Councilwoman Jorgenson stated that she agrees a senior center is needed, but tfiese plans have not materialized as quickly as the Liquor warehouse issue. Ms. Tangren stalted that she did not know about the arlticle in the spring newsletter, and she felt that this was unfair. Councilwoman Jorgenson stated that the City's newsletters are mailed to every resident in the City. She stated that citizens also have to read Focus News, as eaell as the newsletter, to ➢ceep informed. Ms. Tangren stated that Counoil should look at the property on �ast River Road that she suggested, as there are more commerciaZ esta- blishments in the area. Councilwoman Jorgensorn stated that the City would then receive opposition from the residents on East River Road, � Ms. Dona Woltering, 7341 Tempo Terrac�, stated �that �he Liquor Annex on Highway 65 has been there for many yearsp ancT the businesses and schools knew that it was in their area, � FRIDLEY CITY COUNCIL MEETYNG OF MAY 22.1995 PAGE Y7 Councilwoman Jorgenson stated that the homes were already in existence before the Liquor Annex was located on Highway 65. Ms. Cynthia Schreiner, 7372 Symphony Street, stated that First Bank of Coon Rapids had explored the possibility of purchasing this parcel. She stated, at the time when tfiey did the soil borings it was not suitable without a sale of the railroad property. She stated that it was not profitable for a private business to con- struct a building, and she dicY noi feel zt woulcl be profitable for the City to construct a buiidinge Ms. Dacy stated that, as she recalls, the Housing ancl Redevelopment Authority did evaluate a reques� for assistance with soil correction. She stated that it was not the decision of the HRA or the Council that prevented development of that site, as fhey were willing to offer assistance to make the soi3 correctione Mr. Jim Lawrence, 7340 Tempo Terrace, asked if public hearings were held when the existing Liquor Warehouse was moved to its present site. Mr. Pribyl stated that when the Liquor Warehouse moved from Holly Center no public hearings were helde � Mr. Lawrenoe stated that he is not opposed to the consumption of alcohol when it is done on a responsible basis. YIe stated tha� he enjoys Locke Park, but he has seen evidence of things that should not be allowed. He felt that with the 3�iquor Warehouse in close proximity to the park, there will be a problem with over consumption of alcohol. He stated that z€ cars tear out of the parking lot, someone wilY be badly injured or ]cilled, and this may be because of the easy access to alcohol. Iie s£ated that there are other places where the Licyuor Warehouse can be located. � riIr. Pribyl stated that in 1990, the City Attorney xesearched some of the private off-sale establishments, and the City has the power to limit or eliminate off-sale liquor licenses for the welfare of the Citye Councilwoman Sorgenson stated that she runclerstood that if the City was not in the off-sale liquor business, it was not the Councilos option to remain a dry Citye Mr. Herrick, City Attorney, stated that Council has the authority not to issue any license. Councilwoman Bolkcom stated that several letters were received ira opposition to the Liquor Warehouse. MOTION by Councilman Schneider to receive the letter dated May 37a 1995 from Roland and Jeri Peterson, 235 Craigbroolt Way. Seconc3ed by Councilman Billings. [Jpon a voice vote, alY voting a�eP Mayor Nee declareci the motion carried unanimously, � FRIDLEY CITY COIINCIL MEETING OF MAY 22.1995 PAGE 18 MOTION by Councilwoman Bolkcom to receive �he getter date� May 15, 1995 from Dona Woltering, 7341 Tempo Terrace, Seconded by Council- man Schneider. Upon a voice vote, aT1 voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilwoman Jorgenson to close the public hearinge Seconded by Councilman Billings. Upon a voice vote, alY voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:20 p.m. MOTION by Councilwoman Jorgenson to schedule the first reading o£ the rezoning ordinance for the Council meeting on June 26, 1995 and mail notices to those attending the meeting �his evening. Seconded by Councilman Schneider. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimouslyo INFORMAL STATUS REPORTSe Mr. Burns, City Manager, stated that if Council desired, there would be discussion on the Five Year MIS PYan. It was the consensus of the Council not to discuss the Plan at this timeo 10. SECOND READYNG OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206. ENTITLED "BUILDING CODE," BY AMENDING � SECTIONS 206.01.02. 206.01.�3, 206,a1.04, 206.03.03. 206.03.02. 206.05.01. 206.07.07. AND 206.10.04a Councilman Schneider stated that he wished to oppose the second reading of this ordinance, and he did not understand the urgency to adopt the new fees. � Ms. Dacy, Community Development Director, sta�ed that stafi is preparing a recommendation on the perm�t fees for the June b2 Council meeting. She stated that staff will �e evaTuating seven options, which she outlined as follows: (1) waive permit fees for identified focus areas; (2) identify bui3ding permit of the mon�h and fee would be waived; (3) identify some type o� permit that would have a reduction in the fee for the entire year; (4) wa�ve fees for any HRA grant or 1oan; (5j establish a vaYuation, for example, up to $1,500 to be waived; (6) institute a home remodeling competition and the winning entry could have free permits; and (7) encourage homeowners �o apply for permits during the off-seasora ancl waive the feese Ms. Dacy stated that Council wanted to know if the permit fees are included in some of the grant and loan programs. She stated that the fees are a line item in the CDBG program. She stated that typically, contractors include the permit fees in their bids. Councilwoman Bolkcom questioned if homeowners would actua4ly receive a lower bid from the contractor i£ the City waives �he permit fees,