06/12/1995 - 00001264�
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THE MINIITES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JIINE 12, 1995
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:35 p.me
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flage
ROLL CALL°
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
None
CERTIFICATES OF APPRECIATION:
SUZANNE HOLM: FOR NAMING THE CITY'S CLEAN-UP WEEK "'FRIDLEY
PRIDE CITY WYDE1°
AND
MICHELLE PEKAe FOR CREATING THE LOGO FOR FRIDLEY PRIDE
CITY WIDE
Mayor Nee presented certificates of appreciation to Suzanne I-Iolm
and Michelle Peka for outstanding volunteer work for the community
relating to the clean-up week the City will be sponsoring in
September.
Mr. Dean Saba, Chairperson of the Commit�ee for Clean-up Week,
extended his and the Committee's appreciation tc both of these
individuals for their participation,
Councilwoman Bolkcom stated that at the Fridley '49er Days Cele-
bration, there will be a booth regarding Clean-Up Week where
citizens can obtain further informatione
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 22.1995:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Schneider. Upon a voice vote, ali voting
aye, Mayor Nee declared the motion carried unanimously,
APPROVAL OF CONSENT AGENDA:
Mr. Burns, City Manager, briefly reviewed'the consent aqenda items.
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FRIDLEY CITY COUNCIL MEETING OF SUNE 12, 3995 PAGE 2
NEW BUSINESS:
1. RESOLUTION NO. 33-1995 COMMENDING MONSIEUR FERNAND PECHEUX ON
THE OCCASION OF HIS RETIREMENT AS MAYOR OF FOURMIES, FRANCE:
Mr. Burns, City Manager, stated that Monsieur Pecheux has been
Mayor of Fourmies, France during the time that Fridley has
been a Sister City to Fourmies. He state� that Monsieur
Pecheux was elected to the City Council in 1947 and re-electe�
in 1953. He stated that he was elected Deputy Mayor in 1965
and served in that capacity until he was elected Mayor in
1977.
Mr. Burns stated that Monsieur Pecheux was nameci Knight in the
National Order of the Legion of Ylonor and was promotecl to
Officer in the same Order. IIe stated that he also served as
a delegate within the National Union of Teachers and entered
the resistance movement as early as December, 1940 by joining
the Civil and Military Organization created by General Charles
cie Gaulle. He stated that he was a3so a member of the Libera-
tion Council.
Mr. Burns stated that this resolution commends NTayor Pecheux
for his long and distinguished career in service to the
, public. A plaque expressing these sentiments wi11 also be
transmitted to Monsieur Pecheux with the wishes of the City
Council and people of Fridley that he enjoy a long and hap�y
retirement.
ADOPTED RESOLUTION NO. 33-1995.
2. FIRST 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 #95-03 BY Y2M5 COMPANY,
GENERALLY LOCATED AT 970 OSBORNE Rt�AD N.E.1 (WARD 2);
Mr. Burns stated that this ordinance covers the rezoning of
the RMS property from M-1 to C-2, He statecl �hat this
property was previously zoned C-2, and there were no objec-
tions from the neighborhood. He stated it is recommended that
the three parceTs be combined into one parcel for tax
purposes.
SPAIVED THE READING AND APPROVED 7'iiE ORDINANCE ON FIRST
RBADYNGa
3. APPROVE REpUEST FOR PROPOSAL FOR CITY WIDE CURBSIDE COLLECTION
OF REFUSE:
Mr. Burns stated that this request for proposal wgll seek 42
garbage trucks for service from 6:00 a.m. to 6:00 p.m. on
September 16, 1495 in conjunction with the City�s clean-up
� FRIDLEY CITY COUNCIi MEETING OF JUWi� Y2, 1995 PAGE 3
week. He stated that the City expects to sign service
agreements with severaT haulers, and the collection would
include all items except appliancesp nazardous materialsa and
yard was�e.
THIB ITEM WAS REMOVED FROM THE CONSENT �GENDA AND PLACED ON
THE REGULAR AGENDA.
APPROVE AMENDMENT TO COMPREHENSIVE STGN PLAN FOR EAST MOORE
LAKE COMMONS SHOPPING CENTER:
Mr. Burns stated that this is a request by Brian Bruce o£
National Hobby Company to amend the comprehensive sign plan
for East Moore Lake Commons shopping center, He stated that
Mr. Bruce is proposing two signs, one on the north and one on
the west. He stated that the sign proposed for the west face
does not comply with the comprehensive sign plan, as it is an
internally illuminated cabinet sign, as opposed �o the indi-
vidual internally illuminated letters, and the sign extencYs
into the peak of the roof line of the west fa�ia, He stated
that the City has permitted signs to encroach into the pea3c
area for this development. He stated that staff recommends
approval of the encroachment of this sign into the peak area
and the amendment to allow the use of internally illuminated
� cabinet signs for corporate logos, Mr. Burns stated that the
property owner is in agreement with the proposed changes in
the comprehensive sign plane
APPROVED AMENDMENT TO THL COMPREHENSIVE SIGN PLAN FOR EAST
MOORE Y,ARE COMMONS SHOPPYNG CENTER,
APPROVE AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR WEST MOORE
LAKE COMMONS SHOPPING CENTER:
Mr. Burns stated that the owner of West Moore Lake Commons,
George Applebaum, has requested an amenclment to �he compre-
hensive sign plan to aTlow the existing Sports Spree Fun Park
sign located on the west wall of the shopping center to be
relocalted to the fron� wall of the tenant space. He statecY
that the current sign plan only allows signs that are 24
inches in height, and the sign is being increased to 30 inches
to allow it to be utilizecY on the front waTY of the tenant
space. He stated that this height requirement would apply to
all current and future signs located on the sign band of West
Moore Lake Commons. iie stated that staff recommencls approval
of the amendment with the stipulation that the �xisting
tenants shall agree to the change in sign Yocation prior to
issuance o� a sign permit to relocate the sign.
� APPROVED AMENDMENT TO THE COMPREHENSIVE SIG15 PLAN FOA WEST
MOORE LARE COMMON3 SHOPPING CENTER WITH 3'HE STYPULATION `I'HA'1°
THE EXISTINCa TENANTS SHALL AGREk', °PO TAF�° CHANGE IN SIGIq
LOCATZON PRIOR TO ISSUANCE OF A SIGN PERMYT TO RELOCATE `1'HE
SIGN.
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FRIDLEY CITY COIINCIL MEETING OF JUNE 12a 1995 PAGE 4
6. APPROVE CHANGE ORDER NO. 3 TO LOCKE LAKE DAM RESTORATION
PROJECT N0. 211°
Mr. Burns stated �hat this change order covers the cost of
planting six 6 foot Blue Spruce trees on Fred Halvorson's
property. He stated that the cost for these trees was
$2,265.57,
APPROVED CHANGE ORDER NO. 3 TO THE �OCRE Y�AKE DAM RESTORATION
PROJECT NO. 211 WITH LUNDA CONSTRUCT%ON COMPANY %N THE AMOUNT
OF $2,265.57.
7. RESOLUTION NO. 34-1995 RECOMMENDING THAT THE COMMTSSYONER OF
TRANSPORTATION AWARD THE UNIVERSITY AVENUE BIKEWAY PROJECT,
FRIDLEY PR03ECT ST. 1995-6. STATE PROJECT 327-090-03 AND
SP. 127-010-12, MINNESOTA PROJECT NO. STP EN 93(012) TO THE
LOWEST RESPONSIBLE BIDDER:
Mr. Burns stated that the low bidder for this project was
H& M Asphalt Company in the amount of $160,728.85, He stated
that this project was estimated at $125,000, and $60,000 was
earmarked in the City's Capital Improvement Plan to cover
fifty percent of the City's share o£ this project. He stated
that because the project was over �udget, the Citp would need
to spend an additional $20,364.420
Mr. Burns also indicated that the City needs to submit a check
for $30,136.66 to teh Commissioner of Transportation in order
to initiate the project,
ADOPTED RESOLIITION NO. 34-1995 AND AUTAORIZED THE PAYMENT TO
THE COMMYSSIONER OF TRANSPORTATION OF $30,136e66e
8. RESOLUTION NO. 35-1995 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO SPRING LAKE PARK
LIONS CLUB (SANDEE°S RESTAURANT, 6490 CENTRAL AVENUE N.E.
SWARD 2�
Mr. Burns stated that this resolution supports the application
by the Spring Lake Park Lions Club for a Minnesota lawful
gambling premise permit at SandeeBS &testaurant.
Mr. Maynard Nielsen of the Fridley Lions Club requested that
the City review the portion of the gambling ordinance that
restricts their application for a gambling premise permilt to
two sites. He stated that the Fridley Lions Club has permits
for the Longhorn Bar and Grill and Joe DiMaggio°s. He s�ated
thati they could no� apply for a permit at Sandeeos Restaurant
because of the limitations of the ordinance.
Mayor Nee stated asked if fhe Fridley Lions Club would have
applied for the gambling permit at Sandee`s if they were not
restricted by the ordinance,
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FRIDLEY CITY COUNCIL MEETING DF JUNE 12, 1995 PAGE 5
Mr. Nielsen stated that the Fridley Lxons Club would �ave
applied for such a permit.
Councilwoman Jorgenson stated that �here are other organiza-
tions outside of the City that have gambling �ermits in the
Citye
Mayor Nee stated that it would not be in order to consider the
issue this eveninq, but it could possibly be studied it at a
future date.
ADOPTED RESOLUTION NO. 35-1995.
9. CLAIMS:
APPROVED - NOB. 62030 °PHROUGH 62328.
10. LICENSES•
APPROVED AS SUBMITTED AND ON FSLE YN THE I,ICENSE CLERR"3
OFFICE.
11. ESTIMATES•
APPROVED� A3 FOLLOWSA
Barna, Guzy & Steffen, Ltde
400 Northtown Financial Plaza
200 Coon Rapids Boulevard, N.W.
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the 1�Ionth of May, 1995 ...,
Newquist & Ekstrum, Chartered
301 Fridley Plaza Offioe Building
64�1 University Avenue N.E.
Fridley, MN 55432
Services Renderecl as City Prosecuting
Attorney for the Month of April, 1995
Innovative Irrigation
10006 University Avenue YS.W.
Coon Rapids, MN 55448
$ 3,806.89
$14,464.6C
Corridor Maintenance Project No. 2?5
Estimate No. 2 . . . . . . . . . . . . . . $ 3,400.4)
� There were no other aomments from the audience regarding the
consent agenda items.
Councilwoman Jorgenson requested that Item 3 be removecl from the
consent agenda and placed on the regu3ar agendae
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FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGE 6
MOTION by Councilman Billings to approve the consent agenda itemsa
with the exception of Item 3. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the regular agenda, with
the addition of Ytem 3 from the consent agendao Seconded by
Councilman Billings. Upon a voice vote, aYl voting aye, Mayor Nee
declared the motion carried unanimouslyo
OPEN FORUM, VISITORS:
LINDA CAILLIER. PRESIDENT OF THE �'RIIDLEY °49ER IDAY�
CELEBRATION:
Ms. Caillier, President of the Fridley '49er Days Celebration,
stated that the annual '49er Celebration wi31 begin with the parade
on Sune 15, and activities will be held �hrough 5une 18e She
stated that buttons and a schedule o€ events are available this
evening. She thanked the Council for their assistance with the
'49er Days Celebratione
JAN HAMMERSTROM, 6931 EAST RIVER 120AD Y2E; BIKEWAY;
Ms. Hammerstrom presented a letter to the City Council, which was
read by Councilwoman Bolkcom, requesting indemnification from
liability for the bikeway on the east side of East River Road.
Mr. Gregg Herrick, Assistant City Attorney, stated that he under-
stands this is a County projecte
Ms. Hammerstrom stated that the County advised her that the bike-
way was the City's.
MOTION by Councilwoman Bolkcom to receive the letter dated June 12,
1995, and attached signatures from property owners on East River
Road, regarding indemnification for homeowners. Secondedl by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Councilman Billings stated that he did not understand the request.
He stated that the City has sidewalks ancl bikeways all over the
City. He felt that the person driving out of their driveway is
responsible and not the City. He stated �hat he did not feei the
bikeway was different from a sidewalk or any other area where
people are riding bikes or walking.
Ms. Hammerstrom stated that this bikeway is incorporated in the
property owners� driveways. She stated that cars stopped gn the
driveways may actually be on the bikeway. She stated that the
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FRIDLEY CITY COUNCIL MEETING OR SIINE 12, 1995 PAGE 7
bikeway is an accident waiting to happen, and was concerned that
the property owners may incur increases in their insurance due to
the bikeway.
Councilman Schneider stated tha� there are a number of areas in the
City where there are sidewalks and a boulevard with this similar
situation.
Mayor Nee stated that the City Attorney could review the case 1aw
to determine if there is some specific 3iabilitar on tiZe City�s
part.
Councilwoman Bolkcom stated that this was discussed with the
County, and she felt it should be explored with them to see what
could be done or if there is an increasecl liability,
Councilwoman Jorgenson felt that it should be determined if other
property owners in a similar situation incurred any additional
costs because of the location of a bikeway across their driveways,
She stated that she felt the bikeway is the same as a sidewalk, and
there were numerous other situations �hat were similar to the
bikeway on East River Road.
Ms. Hammerstrom stated that she understands that this bikeway will
cross a portion of the Stevenson Schooi propertyn and they have
requested indemnification from the County,
Councilwoman Jorgenson stated that this may be true, however, the
City was not involved,
Mr. Burns, City Manager, asked if the property owners exiting
their driveways onto East River Road have to wait on the bikeway
for traffic to cleare
Mr. Flora, Public
cross the driveways
block the bikeway.
Works Director, stateci that the bikeway does
and, if a car is waiting at the curb, it would
MOTION by Councilman Billings to direct staff to research the
question raised by Ms. Hammerstrom in her letter of June 12, 1995,
Seconded by Councilman Schneider. Upon a voice votea all voting
aye, Mayor Nee declared the motion carried unanimouslya
PUBLIC HEARINGS:
12. PUBLIC HEARING ON PROPOSED TRANSFER OF CATV OPERATIONS IN
FRIDLEY (CONTINUED FROM MAY 15, 3995�
Mayor Nee re-opened this public hearing at 8:14 p.m. on the
proposed transfer of cable operations.
� FRIDLEY CITY COUNCIL MEETING OF JIINE 12, 1995 PAGE S
Mre Moravetzo Staff Liaison to CabYe Television Advisory
Commission, stated that a special meeting with the Cable Television
Commission was held on May 31, 1995. After a lengthy discussion,
the Commission recommended approval of a resoYution (before the
Council this eveningj with conditions that involve the
reimbursement issue. He stated that at the Cable Television
Commission meeting, Mr. Hammerstrom, Director of Nortel Operationsp
presented Paragon9s concern reqarding the reimbursement issuee
Mr. Brian Grogan, with the Moss and Barnett Law Firm and who is
representing the City in this transfer, stated that he has reviewed
the legal, technical, and financial qualifications for this
transfer and would recommend approval of the �ransfer to Time
Warner, Inc.
Mr. Grogan stated that ten months ago there was a transfer of the
cable operations in Fridley to KBLCOMe Y-Ie stated that he has
requested a letter from the attorneys of Time Warner to clarify if
this transaction is tax free, if it constitutes a"reorganization,o�
and if it does not have to be held for three years. He stated that
this is one condition included in the resolution to approve the
transfer.
� Mr. Grogan stated that another condition of the resolution perltains
to cross-ownership. He stated that U.S. West Communications owns
approximately 25 percent of Time Warner. He stated that this
transaction is carefully structured to avoid the cross-ownership
issue. He stated that he has requested a clarification by legal
counsel regarding cross-ownership.
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Mr. Grogan stated that the final issue is the reimbursement of
costs as the result of approval of the transfer. Yie stated tfiat
when KBLCOM acquired the system ten months ago, there was full
reimbursement of the costs involved with that transfer. He stated,
that at this time, there is no case law to clarify who bears the
costs. He stated that a condition of the resolution is that
Houston Industries (KBLCOM's parent company) reimburse the City for
the costs.
Councilman Schneider asked if there was any reason to take action
on this proposed transfer this evening.
Mr. Grogan stated that there is a federal deadline of 120 days when
action must be taken, and that deadline will be a week from
Wednesday. He felt that the opinions requested would be provided
by the time of cTosing.
Councilman Schneider asked if there are legal grounds to deny the
transfer because the information requested has not been submitted.
Mr. Grogan stated that he does not believe there are legal grounds
to deny the transfer based on the reviec�r of the 1ega1, technical,
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FRIDL&Y CITY COUNCIL MEETING OF JUNfi 12, 1995 PAGE 9
and financial qualifications. He stated he would recommend tfiat
approval be given conditioned on the items covered in the
resolution. He stated that if the conditions are not met the
approval would not be effectivee
Councilwoman Jorgenson questioned the cross-ownership with the
exchange of shares with U.S. West.
Mr. Grogan stated that the entity taking over control of this cable
system would be Time Warner, Ync. He stated that one of their
affiliates is Time Warner Limited Partnership which owns all the
systems that Time Warner operates with YY.S. West (approximately 25
percent). Y-Ie stated that he wanted to make sure that the federal
provision is not involved, and he requested an opinion from their
legal counseY, which they have agreed to g�rovide,
Mr. Grogan stated that there have been r�umerous court decisions in
the last eight months that question the cross-ownership rule. He
stated that there is legislation pending that would eliminate this
cross-ownership. He stated that he did not believe there would be
any dual ownersl�ip the way �his transaction is structured. He
stated that it would be Paragon doing business but it would be
controlled by Time Warner, Inc.
Councilman Schneider asked if there is a question of liability i,f
the Council approves this transfer.
Mr. Grogan stated that the reason he requested �he opinions was to
make sure the statements being made are materially correct. kIe
stated that if they are not correct, the City can go back �o the
legal firm fhat provideci the opinions if any ramifications occur.
Mr. Burns, City Manager, stated that if Council adopts lthe
resolution to approve the transfer, and the company refuses to
accept the terms, he understands they would not be able to proceed
without a franchise.
Mr. Grogan stated that under federaT law they could not provide
cable service without a franchise, He stated that he expects the
company will choose the appropriate options to maintain that
franchise because once they expire, there are a Yot of
ramifications.
Councilman Billings asked if this proposed ltransfer was more
complicated than the previous transfer to KBLCOMa
Mr. Grogan stated that it is slightly more technical in tfie manner
in which they structured the transaction. He stated that it is a
stock swap, and is solely for the purpose of a tax exempt
situation.
FRIDLEY CITY COUNCIL MEETING OF JIINE 12. 1995 PAGE YO
� Councilman Billings stated he understands that the cities involved
in the transfer were having difficulty getting i�forma�ion on a
timely basis from Time Warner.
Mr. Grogan stated that he represents four cities. On March 17,
1995, he submitted an application with a series of questions. He
received his first response on May 5 and another response a few
days later. He stated that there was a delay in proceeding in a
more timely manner.
Councilman Billings asked Mr. Grogan if his Aegai expenses were
greater because of the complexity of the Time Warner transac�iom
and because of the lack of cooperation on Time Warneros parte
Mr. Grogan stated that partially yes, but not entirely.
Councilman Billings stated that some of the costs are not directly
attributable to the City, but because of �he wag Time �arner
structured this transaction.
Councilman Schneider stated that he is reluctant to vote on the
resolution without the opinions, but given the time period, it
seems there is no choice.
� Mr. Grogan stated that in regard to the violation of Federal law,
the City has satisfied its obligation. He stated that there has
not been a court case regarding reimbursement or financial
liability. He stated that he does not expect any problems with the
conditions in the resolution being satisfied except possibly the
reimbursement issue, He stated that if they do not satisfy this
obligation, the City simply provides notice that they �ither
provide reimbursement or the transfer approval is ttot effective.
Councilman Schneider stated that there are several issues where
this transfer may conflict with Federal 1aw. �e stated that �or
the City°s protection, the attorney needs to receive an opinion
that this does not conflict with Federal law. He wanted to know
why the City was bound to this 120 day period if they did not have
this information.
Mr. Grogan stated that he tried to structure the resolution so if
the opinions are not provided to the City pursuant to the terms of
the resolution, �he transfer is not approvedo
Mr. Wayne Knighton, Executive Vice President and General Manager
of Paragon Cable, stated that sn reqard to the cross-ownership
issue, U.S. West holds no interest in the company that is acquiring
the cable company. He stated that the practical issue is that
� neither today nor after closing would U.S. West have any interest
in the cable operations serving Fridley. He stated that Tim�
warner will be happy to provide a letter addressing the two issuesg
U.S. West°s interest and the tax free transaction that is exempt
from the 36 month provision.
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FRIDLEY CITY COIINCIL MEETING OF JIINE 32, 1995 PAGE 11
Mr. Knighton stated that regarding the reirabursement, cable
customers who are citizens of Fridley pay the City $87,000 for City
expenses related to cable matters. He stated that it is certainly
appropriate to consider that they are, in fact, reimbursing the
City for its expenses and any matters related to cable. He s�ated
that there are others that use public rights-of-way that do not pay
franchise fees, He stated that this transaction has been a more
than acceptable sharing arrangement, and he does not feel cable
customers should pay another 82 cents when they are aYready paying
a franchise fae. He stated that what the prior owners did is cer-
tainly their determination, but he did not want to specuYate what
payment they would choose.
Mr. Knighton stated that the cable customers already paid the five
percent franchise fee. He stated that they are in a competitive
business today, their customers are daily looking �or other
options, and the cable company is concerned about those matters.
Councilwoman Jorgenson stated the $87,000 that was paid to the City
did not go into the General Fund but into the Cable Television Fund
and was disbursed for public access. She stated that the 82 cents
should not necessarily be borne by the citizens of Fridley but
rather by the shareholders of the compan� who are receiving
benefits,
Mr. Kniqhton stated that he did not have any response to �his
statement.
Mayor Nee stated that each time the City approved a transfer the
costs were acceptable to all other operators, He stated that this
seems like a game with the City being bounced back and for�h. He
stated that the whole idea with the transfers is confusing people
and costing the City a lot of money. He stated that he has never
agreed with Robert Dole, but his comments about Time Warner makes
one think.
Mr. Moravetz stated that the franchise provides tha� every five
years the cable operator is required to provide $60,000 for new
equipment and to maintain the equipment that is currently being
usede
Counoilman Billings asked if there is any equipment that is not
being repaired.
Mr. Moravetz stated that there have been some problems, but with
Mr. Hammerstrom°s cooperation, those repairs have been made. He
stated that the new cable company would be required to honor the
equipment portion of the franchise, and there is a surety bond to
assure that �his is done.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all votin�
aye, Mayor Nee declared the motion carried unanimously an� the
public hearing closed at 8:54 p.m.
FRYDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGE 12
1 13. PUBLIC HEARING ON REZONING REOUEST. ZOA #95-04,BY HOME DEPOT
USA, INC., TO REZONE FROM C-2, GENERAV BUSINESS, AND M-2,
HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER DISTRICT,
GENERALLY I,OCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD
(WARD 31:
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 8:55 p.m.
Mr. Hickok, Planning Coordinator, stated that this is a request for
a rezoning from C-2, General Business and M-2, Heavy %ndustriaY to
C-3, General Shopping Center District for property Toca�ed north
of I-694, and west of Holiday P1us and the intersection of Main
Street and 57th Avenue. He stated that this request for rezoning
is to allow the construction of a Home Depot store and adjacent
retail operations.
Mr. Hickok stated that the site consists of 14.5 acres. He stated
that Home Depot is the nation's largest home improvement retailer
and is proposing to construct a 103,55D square foot building with
an attached 27,972 square foot garden center. He stated that
� attached to the north wall of the Home Depot store would be a
26,000 square foot separately owned retail facility. He stated
that there will also be a 5,000 square foot free-standing
peripheral retail facility along Main Streeto
Mr. Hickok stated that the Planning Commission reviewed this
request and recommended approval o� the rezoning with fifteen
stipulations. He stated that the Commission recommended approval
because of the uncertainty of the industrial market and because
this was an opportunity to have a quality commercial business on
the site. He stated that staff recommends denial of the rezoning,
as this rezoning would eliminate the largest industrial site
available in Fridleyo He stated that the rezoning would create an
island of commercial activity in an established pattern of
industrial uses. He stated that the rezoning would also require
an amendment to the CityBS Comprehensive Plan.
Mr. Hickok stated that in conjunction with this rezoning there is
a site plan for the development which would incYude Home Depot
being responsible for future traffic improvements, compliance with
the County's requirement to a3ign the driveway with 57th Avenue
(Home Depot is negotiating with the railroad to fiave this access),
and the use of a FabCon� panel which simulates the appearance of
brick. He stated that two sign variances are also necessary and
� would be brought before Council at the June 26 meeting.
Mr. Hickok presented a comparison of estimated tax revenue if this
site was developed as commercial versus industriaYe
FRIDLEY CITY COUNCIL MEETING OF JUNE 1�, 1995 PAGE 13
� Mr. Hickok stated that the property is now platted into one lot,
and it is being proposed to be divided into three lots. He stated
that one Tot would be 10.6 acres, the re�aii to the north would be
2.7 acres, and the free standing retail wouid be 1.2 acreso �e
stated that cross parking, utility, and bikeway/walkway easements
will also be required.
Mr. Hickok stated that the Planning Commission recommended approval
of the plat with five stipulations.
Councilwoman Bolkcom stated that one of her concerns is the volume
of traffic. She stated that the other retail that will be included
is, at this time, unidentified. She stated that this area is
already congested, and the homeowners on Main Stree� are concerned
with truck traffic on �heir neighborhood streetse
Mr. Hickok stated that the traffic was also a concern of staff, and
the traffic consultant is here this evening �o answer any
questions.
Mayor Nee asked if there are any differences in the tax revenue to
the school district if the property is zoned commercial rather than
industriale
� Mr. Hickok stated that he did not believe there would be any
difference, as the formula would be the same.
Mr. Burns, City Manager, stated that the costs to the City
associated with commercial uses would probably be greater than
industrial uses,
Ms. Dacy, Community Development Director, stated that School
District No. 14 does not have any industrial development in its
district, as compared to the other school districts within the
City. She stated that what is not known is if this site is large
enough for an industrial subdivision.
Councilman Schneider asked i� there was any public comment at the
Planning Commission meeting.
Mr. Hickok stated that there was only one comment from a homeowner
north of 57th Avenue who addressed the sale of the property,
Mr. Timothy Platt, Real Estate Manager for Home Depot, thanked City
staff for the complete job in reviewing �heir project. He stated
that Home Depot is a publicly held company with over $12 billion
in sales last year. He stated that the facility they are proposing
in Fridley would employ 175 people at an average waqe of $12.44 per
� hour. He stated that their type of business does not contribute
to a high crime rate.
FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGE 14
� Mr. Greg Gaides, Barton-ASChman Associates, Ync., stated that in
regard to an increase in traffic volume, any other development
would also bring an increase in traffic. He stated that the impact
would not be such that there would have to be any major reconstruc-
tion or changes to the intersection at University and 57th Avenue.
Councilwoman Bolkcom stated that she is concerned about motorists
exiting I-694 and having to make a left turn at 57th Avenuee She
felt that Home Depot's peak hours would be in the evenings and on
weekends which are also the peak hours for Holiday Plus.
Mr. Gaides stated that there are some problems in making that left
turn, but the Home Depot development would not significantly make
the problem worse. He stated that the ievel of service at �hat
intersection is at "D,1° and this would not change with the Home
Depot development. He stated that an "Ao' level of service is the
most desirable condition; however, a level of "D" is acceptable in
an urban area. He stated that not all traffic will be using 57th
Avenue, some motorists would use 61st Avenue.
Councilman Schneider asked if it would no� be the addition of �his
development that would cause the level of service to go to o'E,�'
what would be the cause.
� Mr, Gaides stated that it may be additional delays for vehicles
entering the intersection, but he did not know �h� exact volume
needed to decrease the level of service from "D" to "E,'°
Councilman Billings stated that the traffic study projects ninety
cars per hour from 3:35 p.m. to 4:45 p.m. that will be making a
left turn from northbound University to westbound 57th Avenuee He
asked if it was known what percentage of these vehicles would be
coming from east and west I-694 and from 53rd Avenue going north.
He stated that those coming from westbound I-694 will have to cross
three lanes of traffic in order to make a left turn on 57th Avenue.
He would like to know, of those ninety carso how many would come
£rom that direction. He stated that he is also concerned with the
overall thirty percent of traffic that is coming north and south
on Main Street between 53rd and 57th Avenuese
Mr. Platt stated that the traffic generated by Home Depot would
probably be the same if the site was developed industrial.
Councilman Billings stated that the difference is that traffic for
an industrial site would not be generated during peak hoursa
Councilman Billings stated that another concern is how to identify
the Home Depot site for motorists traveling westbound on I-694.
� Mr. Platt stated that they hoped good signs would draw the
motorists' attention to Home Depot.
FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGS 15
� Councilman BilTings stated that one of the stipulations concerns
large billboards on the site, He asked if there was a lifetime
easement for the billboards or if it zs a lease arrangement,
Mr. Bill Hawkins, attorney representing Home �epot, stated that the
billboards are under a long term easement agreement or lengthy
leases granted by one of the previous owners, He s�ated that Home
Depot does not care if the billboards remain, but if it is condi-
tion of approval, it will be up to the seller to deal with this
issue, He stated that the revenue from those billboards is
substantial.
Mayor Nee asked if there is any data concerning traffic on 53rd
Avenue as it pertains to this developmento
Mre Gaides stated that neither 53rd Avenue nor 61st Avenue were
included in the traffic studies, but this information could be
supplied.
Councilwoman Bolkcom questioned the volume of truck traffic which
would be making deliveries.
Mr. Platt stated that the majority of their deliveries are by
common carrier or lumber haulers. He stated that they will €ind
� the easiest route, and there would probably have to be additiona3
signage along Main Street indicating that it is not a truck route.
Councilman Billings asked if a stipulation regard�ng what routes
the truckers should use would be agreeable to the developer.
Mr. Platt stated that they would have no problem with such a
stipulation,
Councilwoman Jorgenson felt that it may be helpful to obtain
statistics on other businesses of this type in Fridley such as
Menards and Home Value regarding their crime rates.
Mr. Platt stated that Home Depot prides itself on the level of
service they provide. They have an almost overwheiming amount o£
help which is sometimes the best crime prevention.
No other persons in the audience spoke regarding this proposed
rezoning and plat.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilman Schneider. Y7pon a voice vote, a11 voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:55 p.m.
�
�
�
�
FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGE 16
14. PUBLIC HEARING ON FINAL PLAT REOUEST P,S, #95-02, BY HOME
I-694 AND EAST OF EAST RIVER ROAD (WARD 31e
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimousTy and the �ubTic hearing
opened at 9:55 p.m.
Since City staff reviewed this plat in conjunction with the
rezoning request, there were no additional commentse
MOTION by Councilman Billings to close the public hearing.
Seconded by Councilwoman Bolkcome Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:55 p.m.
OLD BUSINESS:
15. VARIANCE REpUEST. VAR #95-09, BY WILLIAM AND NANCY WILES,. TO
REDUCE THE SIDE YARD SETBACR FROM 15 FEET TO 5 FEET; TO REDUCE
THE PARKING SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET
TO 0 FEET: TO REDUCE THE HARDSURFACE SETBACK FROM ANY PROPERTY
LINE FROM 5 FEET TO 0 FEET; TO REDUCE THE HARDSURFACE SETBACK
FROM THE MAIN BUILDING FROM 5 FEET TO 0 FEET; AND TO PERMIT
A CANOPY TO ENCROACH INTO THE ADJACENT PROPERTY, ALL YN ORDER
TO INCREASE THE SIZE OF THE BUILDING GENERALLY LOCATED AT
7429 EAST RIVER ROAD N.E. (WARD 3) (TABLED MAY 15, 1995):
Mayor Nee removed this item from the �able.
Mr. Hickok, Planning Coordinator, stated that five variances were
requested for this property at 7429 East River Road in order to
allow for an addition to the property. He stated that staff
reviewed the petitioner°s expansion plans for this site, and
alternative plans were considered. He stated that an addition was
originally proposed to the rear of the building necess�tating the
need for two of the five variances. He stated that in reviewing
the plan, the petitioner submitted an alternate design that would
permit a 24 foot by 20 foot expansion to the sou�h side of the
building. He stated that the petitioner feels this is adec�uate and
workable.
Mr. Hickok stated that with the revised plan, it would eliminate
the two variances at the rear of the property. iie stated that
these variances were to reduce the parking setback from any
property line from five feet to zero feef and to reduce the parking
setback form the buildinq from five feet to zero feet. He stated
that staff feels comfortable with the reduction in the variances
and the new site plan. Mr. Hickok stated that in regard to the
�
FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 1995 PAGE 17_
� variance for the canopy, it is a pre-existing non-conformin� use.
If the canopy is reconstructed or damaqed beyond fifty percent of
its value, it would be removed and constructed in the proper
location.
Mr. Hickok stated that the petitioner has agreed �o the bikeway/
walkway easement that wi1T transverse the new landscaped area in
the front of the property. He stated that the landscaping woul�
be installed upon completion of the bikeway/walkway.
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#95-09, to reduce the side yard setback from 15 feet to 5 feet and
to reduce the parking setback from the public right-of-way from 20
feet to 8 feet, with the following stipulations: (1) the peti�
tioner shall install B618 concrete curb and guttex alonq the east
and south property lines; (2) the existing hardsurface Iocated
between the building and the north property line shall be removed
and the area converted to green space; (3) the parking lot shall
be clearly striped to indicate all parking areas measuring 10 feet
by 20 feet; (4) the petitioner sha13 submit a pexformance bond of
$5,000 to ensure compTetion of the landscape areas and concrete
curbing; (5) a special use permit sha13 be req�ested and approved
in compliance with Section 205.14.O1.C(7); (6) the petitioner shall
grant a 45 foot bikeway/walkway easement along the west property
� line; and (7) the canopy variance is for the existing canopy as of
June 12, 1995 and any repairs or rebuilding of the existing canopy
valued at fifty percent or more will void this variance for the
canopy. Seconded by Councilwoman Jorgenson. Jpon a voice votea
all voting aye, Mayor Nee declared the motion carried unanimously,
16. VARIANCE REQUEST, VAR #95-10, �Y KENNETH MURPHY OF FRYDLEY
ALANO SOCIETY. TO REDUCE THE PARKING SETBACK FROM ANY STREET
RIGHT-OF-WAY FROM 20 FEET TO 10 FEET. TO ALLOW THE EXPANSIO�
OF A PARKING LOT, GENERALLY LOCATED AT 5925 UNiVERSITY AVENUE
N.E. (WARD 1) (TABLED MAY 15,1995 L
Mayor Nee removed this item from the table.
Mr. Hickok, Planning Coordinator, stated that this is a variance
request by the Alano Sbciety to reduce the parking setback from any
street right-of-way from 20 feet to 10 feet to a3iow expansion of
their parking lot by 22 additional parking spaces to the north of
the axisting parking lote
Mr. Hickok stated that staff notified fourteen abutting or adjacent
property owners of the possibility of a driveway exiting onto 6oth
Avenue. He stated that two persons called and stated tfiat they
were opposed to such a driveway.
� Mr. Hickok stated that the AppeaTs Commission voted unanimously ta
approve this variance with the stipulations recommended by staffe
FRIDLEY CITY COIINCIL MEETING OF JUNE 12. �995 PAGE g�
� Councilman Billings asked the petitioner°s posxtion on a driveway
coming in from 60th Avenue,
Mr. Murphy stated that due to the costo he would prefer not to �ave
the driveway coming off 60th Avenue. �e stated that �he cost would
be about $S,DDO and is more than they could handle financiallye
Councilman Billings stated that when staff was trying to work out
some problems with this site, Mr. Murphy indicated that when they
expanded, the parking the pTan was ta have an exit onto 60th
Avenue. He stated that it is di�ficult for �im to accept
Mr. Murphy's word as being creditable since this is not the
proposal. He stated that the last time the City granted a variance
to 9 feet, it was closer to 8 feet, and that is probably another
issue that needs to be addressed. He stated tfiat when this item
was before the Council on May 15, he indicated a conflict of
interest. The only conflict he has is if he can look objectively
at this variance, as he felt the petitioner has been gess than
honest with the Citye
Mr. Murphy stated that he did not recall the discussion about the
driveway on to 60th Avenue. He stated that the Alano Society felt
that at some time in the future they could purchase the six lots,
which were owned by Stuart Holmes. He stated tha� it may have been
' Mr. Holmes who indicated that the driveway would come in from 6oth
Avenue. He stated that as far as the variance, he did not measure
the distance to make sure it was correct, and he did not feel that
should affect his creditability.
Mr. Clyde Ahlquist, attorney £or the Alano Society, stated that he
understood there were some problems in the past regarding drainage
and, to his knowledge, these were resolvede He stated that he
noticed on the survey that the lot was to have an alley and, at
some point of time prior to the development of this property, it
was decided to vacate this alley. He stated that the properties
to the south all have this vacated alley and the non-conformity
with the statute. He stated that he cannot find any answers as to
why this is the case, and this may have occurred with the original
taking for Highway 47.
Mr. Ahlquist stated that the petitioner would like to proceed and
be as good a neighbor as possible. He stated that the Alano
Society would work with the City and neighbors on any problems,
Councilwoman Jorgenson stated she believed that headlights from the
cars would shine into some of the residents° homes.
Mr. Ahlquist stated that he understands that the board-on-board
� fencing would be extended so that the headlights would not shine
in residents' windowse He felt that if this was not the case� the
issue should be addressed, as they would not wan� to disturb
anyone's residence.
�
FRIDLEY CITY COUNCIL MEETING QF JUNE i2, 1995 PAGE 19
Mr. Robert Schmidt, 6001 4th Street, stated that he was represen-
ting their neighborhood and submitted a petition from property
owners and residents stating that they do not want a driveway on
to 60th Avenue which would bring extra unnecessary traffic on the
residential streets. He stated that the residents do not believe
that diverts traf£ic on �0 6oth Avenue an�, ultimately, �n to 4th
Street would be desirable,
Mr. Schmidt questioned how far north the parking lot would be
expanded.
Ms. Dacy, Community DeveTopment Director, stated that it wou3d be
about 65 feet to the north.
MOTION by Councilman Billings to receive Petition No. 8-1995 as
submitted by Mr. Schmidt. Seconded by Councilwoman Bolkcoma Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Biliings stated that based on the input from the neigh-
borhood, he would move to grant the variance without a driveway
from 60th Avenue.
MOTION by Councilman Billings to grant Variance Request, VAR
' #95-10, to reduce the parking setback from any street right-of-way
from 20 feet to 10 feet, with the folTowing stipu4ationse (1) th�
board-on-board screening fence shall be extended to the end of the
parking lot expansion; (2j the petitioner shali comply with ali of
the comments listed in Jon Wilczek's memorandum dated May 3, 1995;
(3) the area between the east edge of the parking Yot and the
easterly property line shall be backfilled and seeded to provide
an aesthetically pleasing edge, and preven� erosion and frost
damage to the curb and parking surface; (4) the parking iot driving
aisles shall be extended to 25 feet; (5) the petitioner shall
install a 3 foot hedge of Savin Juniper 3 feet on center within
three years by October 1, 1998; and (6) t�e petitioner shall submit
a performance bond in the amount of $3,000 to ensure proper instal-
lation of drainage improvements, concrete curbing, iandscaping and
the screening fence. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
17. ORDINANCE NO. 1052 RECODIFYING THE FRIDLEY CITY CODE. CHAPTE�
206. ENTITLED "BUILDING CODE," BY AMENDING SECTIONS 206.01.02,
206.01.03. 206.OY.04, 206.03.01, 206.D3.02. 206.05.01.
206.07.07. AND 206.10.04 �TABLED MAY 22, i995):
Mayor Nee removed this item from the tablee
� Ms. Dacy, Community Development Director, stated that this ordi-
nance would increase buildinq permit fees by approximately forty
percent. She stated that the last increase in these fees was in
�
FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 20
1988. She stated that a smaller increase of a�out �wenty percent
is being recommended on plumbing and electrical permitse
Councilman Schneider questioned why the cost for inspections was
$180,D00.
Ms. Dacy stated that staff will be co�ducting a time analysis on
new permits and reviewing the amount of time for inspections
without any overhead. She stated it is hoped that this analysis
can be completed by the end of the month to answer this question,
Councilman Billings asked if anyone applying for grants or loans
felt the permit fees were outrageous.
Ms. Dacy stated that complaints were only received in the customer
service area.
Councilman Schneider stated that if the City was in a competitive
situation it would not be possible to raise fees by £orty percente
Ms. Dacy stated that all other communities are adopting the same
fees. She s�ated that Fridley does not charge a plan review �ee
which can add fifty percent to the cost of permitse
� Councilman Sohneider stated that he believed it is in the City's
interest to have residents expand and remodel their homes, but a
forty percent increase in fees is punitive. He £elt that there i�ad
to be more efficiency.
Councilman Billings stated that when there was an analysis of fees
completed several years aqo, it was noted that the fees beinq
charged were not covering the costs of administration. Fie stated
that the Council made a conscious decisbon at that time not to
raise the fees. He stated that if the fees had been raised there
would not be this great of an increase now. He felt that the ques-
tion is if the Council should raise the fees so they are closer �o
generating the amount of revenue needed to cover the costs for
administration.
�
Councilwoman Bolkcom stated that whether it is business or
government, costs have to be reviewed very closelye she stated
that she would like to explore user friendly issues to encourage
people to renovate and remodel their property.
MoTION by Councilman Billinqs to waive the second readinq and adopt
Ordinance No. 1052 on the second reading and order publication.
`Seconded by Councilwoman Bolkcom. �Jpon a so13 call voteo
Councilman Billings, Councilwoman Bolkcom, Councilwoman Jorgenson,
and Mayor Nee voted in favor of the motion, Councilman Schneider
voted against the motion. Mayor Nee declared the motion carried
by a 4 to 1 vote.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF JZIN& 12. 1995 PAGE 21
NEW BUSINESS•
3. APPROVE REOUEST FOR PROPOSAL FOR CITY WIDE CURBSIDE COLLECTION
OF REFUSE:
Councilwoman Jorgenson asked if there was difficulty in getting
the garbage haulers in Fridley to cooperatively work with the City
for clean-up week.
Ms. Dacy, Community Development Director, �tated that an informa-
tional meeting was conducted on the concept of curbside pickup,
She stated that, in general, there was a lot o� concern from the
haulers abaut the amount of refuse that would appear at �he curb
and the ability to handle the itiems.
Councilwoman Bolkcom stated that the members of the Clean-Up
Committee never saw such a negative group o� people� She stated,
that since that time, there has been a meeting with Susan Young,
Minneapolis Solid Waste Program Director, and she beYieves �he City
will be able to obtain the number of trucks necessary on a one-time
basis like it is done in Minneapolis. Councilwoman stated that she
believed that Ms, Young gave Lonni McCauley, Executive Director of
the Fridley Pride City Wide Committee, a list of those hauiers,
Councilman Schneider stated that he heard the issue was the tim�
element to pick up and dump the items. �e stated that the need for
42 trucks exceeds the capability of the local haulers.
Councilwoman Jorgenson stated that she wanted to express her dis-
pleasure with the licensed haulers in the City regarding their
uncooperative attitude in assisting with �he clean-up,
MOTION by Councilwoman Jorgenson to authorize staff to initiate
the Request for Proposal (RFP) process for City-wide curbside
collection of refuse. Seconded by Councilwoman Bolkcom. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimouslye
18. RESOLUTION N0. 36-1995 APPROVING OF THE TRANSFER OF CONTROL
OF KBLCOM INCORPORATED FROM HOU5TON INDUSTRIES INCORPORATED
TO TIME WARNER INC,e
MOTION by Councilman Schneider to adopt Resolution No. 36-1995.
Seconded by Counoilwoman Jorgenson. Upon a voice votea all votin�
aye, Mayor Nee declared the motion carried unanimously,
STATEMENT BY COUNCILMAN BYLLINGS REGARDYNG THE REZONING OF PROPERTY
AT 73RD AND UNIVERSITY AVENUES:
Councilman Billings stated that public hearings were he�d before
the Planning Commission and City Council regarding the rezoning of
property at 73rd and University Avenues, He stated that no final
FRIDLEY CITY COIINCIL MEETING OF JONE 12, 3995 PAGE 22
� decision has yet been made by the Council xegarding this rezoning
and it is no "done deal,°°
Councilman Billings statecl that much �f the discussiorc at the
Planning Commission meeting involved the liquor store, mostly in
response to questions raised by the neighborhood. kie stated that
at the Council meeting, the presentation revolve� arouncl the
proposed liquor store site as a possibTe use which was primarily
in response to questions the neighborfiood raised at the Planning
Commission meeting. He statecl that members oY the Planning
Commission and the Council stated that �he motivation for consi-
dering the rezoning was the need to relocate the Liquor YJarehouse.
It was, however, emphasized that the decision to rezone anc3 the
decision to relocate the Liquor WareYzouse were separate and
distinct decisions.
Councilman Billings stated that none of the Planning Commission
membars deserved the treatment they have received in letters and
comments made by several of the residents of Melody Manner, and he
�elt those that made disparaging comments should apologize to the
members of the Commission,
Councilman Billings stated that he met with City staff on several
occasions to review several possible alternate sites for a Liquor
� Warehouse. He stated that the sites which were reviewed included
the vacant Amoco store at Osborne Road and University Avenue, the
vacant land on East River Road south of Mississippi, the property
in the northeast corner of University and Mississippi, the site on
osborne Road near the Dairy Queen, and several others. He stated
that, except for one site, all were unacceptalble for a variety of
reasons including availability to purchase, size, xaot enough
traffic, and accessibility.
Councilman Billings stated that one site appears to present reason-
able access, and is a commercial shopping area with good traffic
counts and good visibility to northbound traffic. He stated that
while it is not perfect, he felt it should be considered as a
possible alternate site. Ae stated that this site is located on
the southwest corner of University Avenue and Osborne Road adjacent
to the current Pet Food Warehouse. He stated that the site has
been reviewed by Mr. Scott, a real estate agent that specializes
in finding locations for commercial businesses. %ie stated that
Mr. Scott £eels this site is suitable for the Liquor Warehouse.
Councilman Billings sta�ed that a letter was sent to the attorney
representing the current owner of this site, and a response was
received that the owner would consider sellinq a portion of the
property o£ the property to the Citye He statec3 that he met with
� Councilwoman Bolkcom, as the site is in her ward. She agrees that
this could be a possible alternate site for the 3,iquor Warehousee
Councilman Billings stated that while a market study may find �his
site to be less prosperous in terms of potential sales, the City
may have to make a trade-off between what would seem to be in the