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10/23/2000 - 4702OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING OCTOBER 23, 2000 � . r . r '1 � �wn��ir � FRIDLEY CITY COt1NCIL MEETING ATTENDENCE SHEET Mav�c#ay, Dc.iobe�c. 23, 2000 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS r � � ITEM NUMBER �_ � —. � �� �., �I� � � : � `�a �. � � '`� �/ � �� � lc:� ; k.� �� a Z'� � v� �� �,_� t� a� 3 � _� �: -� �� � - �» � � �2 � �r �=�f � � f , � � CITY COUNCIL MEETING OF OCTOBER 23, 2000 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to" participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 25, 2000 (Amended) City Council Meeting of October 9, 2000 OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Adding an Approved Site to Chapter 205, "Zoning," Telecommunications Towers, Section 205.30, Appendix A - ...................................................................................... 1 2. Variance Extension, VAR #99-18, by Joseph Laconic, to Allow the Construction of an Addition, Generally Located at 6644 Arthur Street N.E. (Ward 2) .................................. 4 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Resolution Approving a Plat, P.S. #00-02 (Misty Addition), by Brickner Builders, to Replat Property for the Purpose of Creating Lots to Allow construction of Single Family Homes, Generally Located at 7440.Bacon Drive N.E. (Ward 2) ....................................................................................... 5 - 8 4. Resolution Electing to Continue to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for Calendar Year2001 ....................................................................................... 9 - 11 5. Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection with the2001 Taxes ................................................................................ 12 - 19 6. Motion to Rescind Riverview Heights Special Assessment Deferral ....................................................................... 20 7. Appointment — City Employees ....................................................... 21 8. Claims ....................................................................................... 22 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2000 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 9. Licenses � ....................................................................................... 23 - 25 � 10. Estimates ....................................................................................... 26 - 33 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 11. To Evaluate the Cable System Franchise Proposal Submitted by WideOpenWest Minnesota, LLC (Continued From October 9, 2000) ....................................................................... 34 . 0 12. Tax Increment Financing Plan for Tax Increment Financing District No. 17 (Gateway East Project) (Ward 1) - ....................................................................................... 35 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2000 PAGE 4 NEW BUSINESS: 13. Resolution Receiving the Preliminary Report and � Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Moore ; Lake Hills Neighborhood Street Improvement ProjectNo. ST. 2001 — 1 .................................................................... 39 - 42 14. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Springbrook Creek Channelization Project No. 335 ............................................... 43 - 44 15. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Springbrook Creek Channelization Project No. 335 ............................................... 45 - 46 16. Informal Status Report ....................................................................... 47 ADJOURN. � . ���%r�.'.5 C�� � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2000 ' m�r oF �t�r The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, narional origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activiries. Hearing impaired persons who need an interpreter or other persons with disabilities who require au�ciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: ��� APPROVAL OF MINUTES: City Council Meeting of September 25, 2000 (Amended) City Council Meeting of October 9, 2000 OLD BUSINESS: � I � 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Adding an Approved Site to Chapter 205, "Zoning," Telecommunications Towers, Section 205.30, Appendix A ........................................ 1 - 3 2. Variance Extension, VAR #99-18, by Joseph Laconic, to Allow the Construction of an Addition, Generally Located at 6644 Arthur Street N.E. (Ward 2) ....................................... 4 NEW BUSINESS: NEW BUSINESS (CONTINUED): � 5. Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection with the 2001 Taxes ...................................... 12 - 19 6. Motion to Rescind Riverview Heights Special Assessment Defercal .............................. 20 7. Appointment — City Employees .............. 21 8. Claims 9. Licenses 10. Estimates ........................................ 22 .................................... 23 - 25 ........................................ 26 - 33 Resolution Approving a Plat, P.S. #00-02 (Misty q� Addition), by Brickner Builders, to Replat Property ` for the Purpose of Creating Lots to Allow ADOPTION OF AGENDA. ��J� Construction of Single Family Homes, Generally � Located at 7440 Bacon Drive N.E. (Ward 2) ........................................ 5 — 8 4. Resolution Electing to Continue to Participate in the � l Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for Calendar Year 20Q1 ........................................ 9 - 11 OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2000 PAGE 2 PUBLIC HEARINGS: 11. To Evaluate the Cable System Franchise Proposal Submitted by WideOpenWest Minnesota, LLC (Continued from October 9, 2000) ......... 34 � -�C.�re-� rY�- e��- �� ' ��.8 �� 12. Tax Increment Financing Plan for Tax Increment Financing District No. 17 (Gateway East Project) (1Nard 1) ........................................ 35 - 38 �f� � � �(,S- �� ��� �' �� "���� NEW BUSINESS: 13. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Moore �ake Hills Neighborhood Street Improvement Project No. ST. 2001 —1 ........................ 39 - 42 ���Q �� �' C a-s p � -�� 14. Resolution Ordering Preliminary Plans, Specifications and �siimatss of the Costs Thereof: Springbrook Creek Channelization Project No. 335 ... 43 - 44 �� I F-� � 1 �� � 15. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Springbrook Creek Channelization Project No. 335 ... 45 - 46 '� �-� � �� /���- � � 16. Informal Status Report ........................... 47 ADJOURN. ��� �iRs� � ���/ Y � � � TI� MI�S OF 'THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 , � � ; � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 25, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. She asked Councilmember-at-Large Barnette to conduct the meeting. PLEDGE OF ALLEGIANCE: Councilmember-at-Large Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Mayor Jargenson, Councilmember-at-Large Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom Members Absent: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings stated that he would like Item Nos. 2 and 3 of the consent agenda to be removed and placed after Item No. 11. NIOTION by Councilmember Bolkcom to approve the proposed consent agenda with the exception of Item No. 2 and Item No. 3 under New Business of the consent agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 2 PROCLAMATIONS: Student Foreign Exchan�e Week: September 25 - October 1, 2000 Alfiya Battalova - Russia Andrew Beauchamp - New Zealand Carol Rodriquez Lora - Dominican Republic Councilmember-at-Large Barnette Barnette stated that these individuals are being honored tonight as the foreign exchange students. Mr. Andrew Beauchamp stated that he is attending Fridley High School and enjoying his stay here. Ms. Alfiya Battalova stated that she is attending Totino-Grace High School, likes the school, and is enjoying her experience here. Ms. Carol Rodriquez Lora stated that she is attending Totino-Grace, is glad she has the chance to attend. She said that the people are very friendly. The Council presented the plaques to the students. Councilmember-at-Large Barnette thanked them for being part of our community. Ms. Jan ??? and Mr. Stan Kowalski, VFW representatives, presented the students with an American flag, a VFW poppy, a ruler with the pledge of allegiance and presidents on the back, a stars and stripes flag etiquette book, and a brochure telling the buddy poppy veterans story. Fire Prevention Week: October 8- 14, 2000 Councilmember-at-Large Barnette stated that the City of Fridley commemorates this event eaeh year by renewing its fire education efforts in the community, particularly in our schools. Domestic Violence Awareness Month: October, 2000 Councilmember-at-Large Barnette stated that domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change. APPROVAL OF MINUTES: City Council Meetin� o�f Se_ptember 11, 2000. APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 __ PAGE 3 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6, 2000. 2. RESOLUTION NO ��-2000 APPROVING A SUBDIVISION, LOT SPLIT, LS #00-04, TO ESTABLISH A SIZE CONFORMING COMMERCIAL LOT, GENERALLY LOCATED AT �943 UNIVERSITY AVENUE N.E. (BY EARL WEIKLE & SONS AND VAN-O-LITE)(WARD 1): REMOVED FROM CONSENT AGENDA AND PLACED AFTER ITEM NO. 11 OF NEW BUSINESS. 3. VARIANCE REQUEST, VAR #00-21, BY EARL WEIKLE & SONS, TO REDUCE THE REQUIRED PARKING SETBACK FROM 20 FEET TO 10 FEET, TO REDUCE THE 15 FOOT PLANTING STRIP TO 10 FEET, AND TO REDUCE THE PARKING STALL WIDTH FROM 10 FEET TO 9 FEET TO ALLOW THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING, GENERALLY LOCATED AT 5943 UNIVERSITY AVENUE N.E. (WARD ?): THIS ITEM WAS REMOVED FROM PROPOSED CONSENT AGENDA AND PLACED AFTER ITEM NO. 11 OF NEW BUSINESS. 4. RESOLUTION NO. 86-2000 AUTHORIZING EXECUTION OF AGREEMENT NO. 80733 BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION (UNIVERSITY AVENUE DITCH PROJECT): Mr. Burns, City Manager, stated this is a cooperative agreement that provides for the reimbursement of the cost of pipe used in the University Avenue ditch enclosure project. Under the terms of the agreement, the City will receive $32,170. In exchange for the State contribution, the City has agreed to maintain the new storm sewer for a period of ten years. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 86-2000. 5. APPOINTMENT TO CITY OF FRIDLEY COMMISSION: Mr. Burns, City Manager, stated that staff recommended the appointment of Ms. Mary Gliniany to iill a vacancy on the Environmental Quality and Energy Commission. Ms. Gliniany has been a Fridley resident for 32 years and has substantial experience with environmental issues. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25. 2000 PAGE 4 APPROVED. 6. CLAIMS: APPROVED CLAIM NOS. 95344 THROUGH 95698. 7. LICENSES: APPROVED LICENSES AS SUBMITTED. 8. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 TH47 West Ditch Improvement Project No. ST. 2000 - 6 FINAL ESTIMATE: W.B. Miller, Inc. 6701 Norris Lake Road N. W. Elk River, MN 55330 Rice Creek Bank Stabilization, Phase II Project No. 333 FiNAL ESTIMATE W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 2000 Street Improvement Project No. ST. 2000 - 1 Estimate No. 6 Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Offic Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney For the Month of June, 2000 $ 18,475.54 $ 3,527.13 $ 41,295.08 $ 19,340.00 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25. 2000 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2 and Item No. 3 to be placed after Item No. 11. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: Mr. Ray McAfee, 1360 Hillcrest Drive N.E., stated that he has a petition asking Council to remove the road construction planned for the year 2001 on Woody Lane, Hillcrest Drive, Gardena Lane, Gardena Circle, and Tennison Drive. He asked Mr. Bob Nordahl, the City's Operations Analyst, if the construction was an optional thing. Mr. Nordahl stated that if a petition was signed by fifty percent (50%) or more of the people involved to vote one way or the other, Council would vote on the issue. Mr. McAfee thought that with P-rock and sealcoat, the residents would end up with as good a street as they have had for the last twenty years. He was amazed at the number of people who thought the same way he did. Mr. McAfee said that he has talked to Mr. John Flora, Public Works Director, Mr. Jon Haukass, Assistant Public Works Director, and Mr. Nordahl, regarding sealcoating. He found out that the City's sealcoat's cycle is eight years. It was last done in 1993, so the streets are due for a sealcoat. MOTION by Councilmember Wolfe to receive Petition No. 2000-6. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Flora stated that the City has received six letters from residents in that neighborhood in support of the project. MOTION by Councilmember Wolfe to receive the letters. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jean Lindquist, 1326 Hillcrest Drive N.E., stated that she was informed that this street was chosen because it was one of the streets in the worst condition and needed asphalt, curb, and gutters. She said that Hillcrest Drive is in terrible condition. She thought this issue was a no- brainer because the State would give sixty percent (60%) for State Aid funding. General Capital Improvements would give fifteen percent (15%), which leaves twenty-five percent (25%) less for the property owners to pay. She thought it was a bargain. It would cost the City money to patch FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 6 all the time with taxpayers' money. She asked if they did not get a new street if they would be scheduled for another sealcoat next year. Councilmember-at-Large Barnette stated that Hillcrest Drive is scheduled for sealcoating next year. Mr. Flora stated that a sealcoat is applied every eight years. It is waterproofing base on the surface. It is a temporary fix. The proposed project is for concrete curb and gutter to provide drainage and to improve the strength of the street. Ms. Lindquist stated that she did not think people who signed the petition understood it correctly. Mr. Flora stated that the only cost the citizens would be paying for is the concrete curb and gutter which is approximately $14 per front foot. Ms. Lindquist asked if people always have a say on something like this. Councilmember-at-Large Barnette stated that a neighborhood meeting was held, and letters were sent regarding this. Councilmember Bolkcom asked what the normal process for this was. Mr. Flora stated that an information meeting is scheduled in the spring. Then, it is brought to the Council. After that, specifications are completed and Council has a hearing for residents regarding the cost of the proposed project. Council would then approve the project, and bids would be advertised for and awarded. Construction would start the following spring around May. After the project has been completed, there would be a final assessment hearing around November when the exact cost would be provided to the residents. The hearing would be held and approved, and the residents would have thirty days to pay for the project without any interest or they could put it on the tax rolls for ten years or any time they wanted to decrease the interest charged. Mayor Jorgenson asked Mr. Flora if there are problems with water coming down Hillcrest. Mr. Flora stated that the new concrete curb and gutter would provide a drainage system for all the surface water collecting on the street running off of the properties. This then goes into the storm system and is then taken to the creek or lake. Ms. Leona Hanson, 1321 Hillcrest Drive, stated that they have hills, and water is draining into basements and onto driveways. She said the slopes have also changed a little. She thought the street looked like a patchwork quilt. , Councilmember Bolkcom asked what the petition meant by including the P-rock, sealcoat, and curbing replacements. She asked if the residents were asking for new concrete curb and gutter. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 7 Mr. McAfee stated that he was told that the P-rock and sealcoat would be done, and the City would replace curbing that was necessary at that time. That is why he put down curb replacement. Mr. McAfee stated that the main reason people signed the petition was because they did not want to put up with the mess for three months and did not think they needed a new street and curbing. He did not go around trying to talk anybody into signing this. In the 46 years he has lived there, he has always been able to get to his house. He agreed that the street looks patched but thought that the sealcoat and the P-rock would make it look normally one color. Many people that did not sign the petition were looking for a free driveway by thinking the City would come in 15 feet to replace their driveway. On one end of the cul-de-sac of Woody Lane there is curbing already. Over on Tennison there is a block of the same thing. Everybody wants a nice looking street, but on Tennison Drive there is a neighbor at 5800 Tension Drive that the City should inspect. Mr. Richard Lindquist, 1326 Hillcrest Drive, stated that he believed the street had not been replaced in 40 years rather than the 25 years as previously stated. The proposal stated that the City is replacing the worst streets in Fridley, so Hillcrest Drive must be one of the worst. Councilmember Billings stated that it has long been the policy of the City of Fridley that Council would not build streets in neighborhoods where the residents do not want them. There are other neighborhoods that would gladly like to have their streets done a year earlier. The purpose of the neighborhood meeting was to see if there were any objections to this before the City started doing the engineering work. This may mean that the City would not have a 2001 street project, but it also means that the City can double up in the year 2002. Councilmember Wolfe stated that he would like to see another neighborhood meeting because he received a number of telephone calls from people who have signed the petition who learned more details and would now like their names removed from the petition. Councilmember Wolfe said it is important to get the facts to the residents. Before anyone signs any petition, it is important to get all the information. Councilmember Billings asked Councilmember Wolfe if he was going to coordinate a date with the City Engineer for a neighborhood meeting and send letters to the neighborhood regarding that date. Councilmember Wolfe stated that was correct. Councilmember Bolkcom stated that she would also encourage every resident to be at that meeting to hear the information and to voice opinions. Councilmember-at-Large Barnette stated that letters would be sent to all homes in this area. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 8 PUBLIC HEARING: 9. TO EVALUATE THE CABLE SYSTEM FRANCHISE PROPOSAL SUBMITTED BY WIDEOPENWEST MINNESOTA, LLC: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:11 P.M. Mr. Champa, Management Assistant, stated that this item evaluates the cable system franchise proposal submitted by the applicant WideOpenWest Minnesota, LLC. This serves to discuss the applicant's credentials and to begin preliminary discussion of a draft ordinance granting the cable franchise to WideOpenWest Minnesota. Minnesota law requires that any cable company operating in a city to first be granted a franchise by the City. This is accomplished by the ordinance process. There is currently one cable operator in Fridley, and that is Time Warner. Time Warner's franchise is non-exclusive meaning that any cable company has the legal right to make an application for a franchise. Once an application is received, the applicant is evaluated on the technical, legal and financial qualifications. Federal and State law require that the contents of any new franchise be substantially the same as the franchise ordinance of the incumbent cable television operator. This is known as a level playing field. Mr. Champa stated that Minnesota State Statute, Section 238, and City Charter, Chapter 10 provide the legal framework for evaluating and granting the cable television franchise. In late March, the City received a letter from WideOpenWest requesting a cable television franchise. After reviewing State Statute and City Charter, a notice of intent was published two times in our official newspaper, Focus News. This notice was also mailed to Time Warner Cable. The notice of intent referred applicants to two additional documents: the Cable Communications System Requests for Proposals and a Technical Specification memorandum. These documents provide more detail of the franchising process and the City's technical requirements. The closing date for the applications was August 14. One response was received. Staff reviewed the material and found no reason to deny the franchise. Staff sought comments from the Cable Commission and provided the Cable Commission with the same agenda packet material seen tonight. Mr. Chris Julian, Vice-President of Market Developments for WideOpenWest, stated that Mr. John Manka, Vice President of Corporate Market Development, was also present. Mr. Julian stated that the network they plan to build would offer Internet, cable television, Internet-based telephone, and would be extremely fast. Mr. Julian said WideOpenWest would be an open access network allowing other Internet service providers onto the network which is rare. Other than the City of St. Paul, WideOpenWest is intending to build their network west of the Mississippi River. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 9 Mr. Julian stated that their company mission is "be the best at what we do. We want to build and operate the country's best residential fiber-optic based, high bandwidth Internet digital and cable television network." Their senior management has a great deal of experience in the cable industry. Many are from RCN based in New Jersey, WideOpenWest is called an overbuilder because they build the cable network over the top of the incumbents'. RCN was the first overbuilder of note. RCN has been able to raise over $4,000,000 to build a fiber optic network. He said WideOpenWest believes they can do a good job in Fridley. The have the experience in project management, engineering, system design, materials acquisition, technical support, customer service, sales, and marketing. Mr. Julian stated that most of what they do would be done in-house by their company. They were formed in the middle of last year. Their corparate headquarters are in Denver. Current shareholders aze in two basic groups. The company management has 22 percent of the company. The have fourteen franchises typically clustered in certain areas in Denver, Boulder, Tucson, St. Louis, and Fort Worth. They are going to have a fiber-optic ring that goes around the Twin- Cities metroplex with a head-end to receive the signal. A signal would be sent to hub sites which would feed 20,000 homes and then down to nodes feeding 150 homes. They are going to put in extra fiber on the poles, so it is easier to upgrade the system. Mr. Julian stated that they are going to have a 850 megahertz system with two-way fiber. Most networks in the area currently are upgrading to 7�0 megahertz, so their brand new network would be state of the art. The smaller node sizes mean faster Internet speeds. Their basic service would be eighty channels with unscrambled service. Another 350 channels would be available for digital capability. Video-on-demand would have up to 350 channels broken down by category that you would be able to access right on the TV screen. They would download that movie so you can watch that movie when you wanted. You would be able to rewind back to the part of the movie where you might have fallen asleep. You would be able to pause the movie so you could watch it as many times as you wanted within a 24 hour period. It also includes digital music, pay per view, and signals for HGTV as they become more available. Internet service currently gives �6,000 bytes per second. Their system offers 10,000,000 bytes per second. They would be an open access network, so if there are local based Internet providers that want to have access to the network, they would allow that. They are going to have to better than the competition. Time Warner is a big, good company, but WideOpenWest is far superior to them. WideOpenWest will give customers specific appointment times, and they have competitive pricing. � � � N1r. Julian stated that the benefit� the consumer are that the consumers will have super high bandwidth, always on Internet service, competition, and freedom of choice among Internet service providers, a new choice for cable service, and voice-over Internet telephone. The benefits to the City are that there will be increased franchise revenue, free fiber I-net to hook up City buildings as well as the schools. A better network will be built on the same schedule, pay the same franchise fee, and carry all the local access channels. Communication is the most important part. WideOpenWest would like to have a comprehensive communication plan with the residents as well as with the City. They would be well identified with a unique truck and khaki shirts �vith logos and nametags. Training of staff is very detailed. WideOpenWest looks FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 10 forward to hopefully providing service to the citizens of the City of Fridley in the very neaz future. Councilmember Billings asked Mr. Julian clarification regazding the service area with St. Paul east of the Mississippi River area. Mr. Julian stated that the company jokingly says that they are going west of the Mississippi River, except St. Paul is to the east. Councilmember Billings asked what areas they plan on seeking franchises in. Mr. Julian stated that they did not apply to Lake Minnetonka Cable Commission, Farmington, Rosemount, Shakopee not the St. Croix Commission. Councilmember Billings asked what the status is with the rest of the entities around the metropolitan twin cities area. Mr. Julian stated that Fridley is a little bit behind, halfway compared to the other cities. Bloomington has the iirst franchise. Their financial and technical qualifications have been approved by Northern Dakota County Cable Commission, Southwestern Cable Commission, and City of Bloomington. WideOpenWest has a franchise pending the franchise document at Northwest Suburbs Cable Commission. WideOpenWest has been approved in Lakeville in terms of financial, legal and technical qualifications. The southwest corner seems to be farther ahead. Councilmember Billings asked if Mr. Julian would expect the entire Minneapolis/St. Paul area to be up and running at appro,cimately the same time or if would be phased in over multiple periods. Mr. Julian stated that it would take approximately five years. He could not tell when they were going to build until they had physical franchises. Then, they could start deciding. He said he would like to see that the franchise areas are contiguous to each other so he could go from one nicely into the next one. Councilmember Billings asked Mr. Julian, regarding the Institutional network (I-net), what kind of provisions existed if WideOpenWest discontinued the franchise. He also asked if the City could purchase that I-net from WideOpenWest so it could remain in place. Mr. Julian stated that they would not just up and leave due to the amount of money they are spending in the area. They provide the fiber to all the locations. It is up to the City and schools to provide the equipment at the end. He would not have much to do with the I-net on a day-to- day basis. That would be a closed system to the City. Councilmember Billings asked Mr. Julian if they would be working with the other provider to provide public access channels, government channels, etc. He asked how WideOpenWest would accomplish that. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25. 2000 PAGE 11 Mr. Julian stated that they are not interested in duplicating what Fridley already has. WideOpenWest is in the process of supplying language to offset that. He did not know what it was yet. In terms of interconnection, that is something the City would have to agree on. He did not see any issues relating to interconnection at all. Councilmember Billings stated that he wanted to make sure the residents would not get locked into the current provider from the standpoint that the current provider is the only one who airs the Council meetings. He asked if that was something previously worked out in the other franchises. Mr. Julian stated that they are obligated to provide the identical channels. They would offer the same program on the same channel. Mr. Manka, stated that if WideOpenWest did not come to an interconnection agreement. They would get the feed from each studio if need be. A member of the audience stated that the speeds would be nice for Internet use, but with the average technology, she asked if people would have to upgrade. Mr. Manka, stated that they would check the wiring in the home. If it is not adequate, they would have to change it at no extra charge. Mr. Leupold, Time Warner representative, stated that they understood and appreciated the fact that the current franchise is non-exclusive. Time Warner has had competition for a long time. They welcome the competition challenge. Time Warner expects the City to fully consider the legal, technical, and financial considerations of each applicant. Time Warner is very committed to working with the City to assure that the necessary coordination is there. Mr. Champa stated that the City has proposed sharing some services like public access the City has put some language in the proposed ordinance where the applicant could either provide the service or work out an agreement with the incumbent operator. The City will highlight those more at the next meeting. MOTION by, Councilmember Billings to continue this public hearing until October 9. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1►1 �l.i:�iL.�1�! �I.Y.� 10. RESOLUTION REGARDING ADVANCED CORRIDOR PLAN FOR THE NCDA NORTHSTAR COMMUTER RAIL PROJECT: MOTION by Councilmember Billings to open this item for discussion. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy, Community Development Director, stated that this presentation will focus on some issues heard at the Planning Commission meeting on September 6. The recommendation made by the Planning Commission that night was a five to one vote suggesting that Council consider the Advanced Corridor Plan subject to twelve sets of comments. The Planning Commission recommended a inclusion of the station area plan language submitted by staff into the Comprehensive Plan. They also suggested to staff, if approved, to initiate an overlay zoning district process for land uses and types of development in and around the station site. Ms. Dacy stated that the Planning Commission recommended that Northstaz representatives investigate ways to mitigate the traffic impacts from the park-and-ride site. One suggestion was to reduce the size of the parking lot on the east side and possibly increase the parking lot size on the west side. It was suggested that there be some type of separation between the neighborhood on the east side of 61 S` Avenue with the park-and-ride site. Staff also asked the NCDA to look at different access points to evaluate some options with turning movements or signs. Staff made a recommendation that the parking lot share a driveway with the undeveloped parcel that remains on the east side. There is also some property related detail about the size of the property on the east side. Staff asked that the NCDA look for alternative locations for the storm ponds. Staff suggested to Council and the NCDA that the parking lot be developed to the typical standards for a commerciaUindustrial use including landscaping requirements. Staff also suggested that the petitioner come through the plat process. On the west side, the Planning Commission suggested that there be a maintained connection on Ashton Avenue. The City suggested to the NCDA that they make the central control facility for the NCDA here on this site. Staff indicated that the pedestrian underpass underneath the railroad tracks is a crucial connection in terms of pedestrian connections. The site plan can connect the existing facilities for sidewalks and bikeways around the site. There were questions on the impacts to the railroad crossings north of this site in the City. It was suggested that any potential traffic conflicts with traffic accessing or leaving Stevenson Elementary School. The Planning Commission added a condition that the City request some type of assurance on long-term maintenance of the upkeep on the property in generaL Ms. Dacy stated that the proposed park-and-ride site be identified on the east side of the tracks with 441 spaces, On the west side of the railroad tracks is a smaller park-and-ride site with 261 spaces north of the Tri-Star Insulation facility. Staff received a revised site plan since the Planning Commission meeting from the Northstar representatives on Thursday, September 22. The plan is to reduce the size of the park-and-ride site on the east side. The platforms are still where they were proposed, and the parking lot has been reduced from 441 spaces to 330 spaces. Two driveways are proposed into the site. One is proposed across from 60`�' Way,and another one is proposed at mid-block. No longer is there vehicular access from 61S` Avenue suggestion was made that the southerly driveway on the east side of the parking lot be changed to a right turn, so the only full movement access would be mid-block. This would promote a right-turn onto Main Street. The east side is proposed to be reduced by about 111 spaces. A 4-acre parcel would separate the parking lot from the residential neighborhood. The NCDA is looking at redesigning the entrance to the underpass instead of accessing an elevator and going straight FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 13 down underneath the tracks. There would be a series of ramps and a certain slope. That would create a more friendly and open type of atmosphere to go underneath so people would be able to see to the other side and be able to come back up again. A sidewalk would be proposed on the west side and on the south side of Main Street. Ms. Dacy stated that on the west side there would be a parking area on the vacant lot that is there now, but there would be a smaller parking area to the northeast of that area. A detention pond would be located to the north, and a vegetative buffer would separate the pond to the residential area to the north. There would also be another buffer area on the west side. Ashton Avenue would still continue as the main drive through the parking area to access by 61S` Way. The advantage of this is to slow down any type of traffic. This is a low volume street, but with the curves and turns, it would help to slow down the traffic. It would still enable people in that area to get to the stop light at 61S` Way. Ms. Dacy stated that the staff analysis of the revised plan is that the rearrangement of the parking spaces is a positive step. Staff suggested on the east side that the southerly driveway be made into a right turn only. Some issues need more attention. One is the drainage system for both of the sites. There is a pond proposed on the west side and another pond proposed on the east side to be located behind the Parson's Electric building. Staff suggested that runoff could possibly drain to a storm sewer at 61S` Avenue and Main Street. The depth of that connection is very deep. There is a ten-foot difference in elevation. The engineers have not had a chance to determine this for sure yet. On the west side the public right-of-way section for Ashton Avenue is suggested to be some a public street. Metro Transit buses will not be stored overnight at this site. The major issue of whistles and horns is an issue that needs to be addressed. The issue of the rail crossing impacts have not been addressed as of yet. State Statute says that within 45 days of the hearing, the City shall approved or disapprove the location and design of the station to be located in the city or the town. The comments on the Advanced Corridor Plan according to that time frame need to be adopted by October 25. Then once they are submitted to the NCDA they will submit it to the Commissioner of Transportation according to State Statute. The NCDA has instituted another option of approving with conditions. In addition to the two statutory options the approval with conditions would be a third option. It states that they would get back to the cities in 45 days, which is policy by the NCDA board. Staff s recommendation is that Council receive any types of comments on the revised plan. Ms. Dacy stated that Mr. Tim Yantos is here from the NCDA, and may be able to give an update on other additional information. Until the comments have been assembled, staff suggested that action be postponed until October 9 on both of the items. Councilmember-at-Large Barnette stated that many comments have had to do with traffic through the Sylvan Hills area. One concern was that the park-and-ride would bring traffic through Sylvan Hills as a convenient way to get to Mississippi Street. He asked what the plans were for the 4-acre site. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 14 Ms. Dacy stated that is an issue of what happens on the remaining parcel. It is partly addressed by the proposed station area plan language in the Comprehensive Plan. It does not specify land uses but suggests principles for the City to use when evaluating any type of development proposals. There is no proposal of the land use at this time. The site is zoned industrial right now. The Planning Commission asked if it was reasonable to have industrial at this corner. That is an issue for another hearing. One recommendation is for the City to direct staff to create an overlaying zoning district that would control development like any other type of zoning. Councilmember Billings stated that the entire piece on the east side of the track is owned by Nielson Investments. It is for sale. He said that we do not know right now if the NCDA or MnDOT will acquire the actual corner from Nielson Investments or allow Nielson Investments to do the development on that corner. Plans are not that far along. Councilmember Billings asked what the options for the City are at this point in time. State Statute provides that the City can disapprove the original plan and give a list of things we would like to see them do causing us to approve it. That will then go to the Commissioner of Transportation who determines if those changes are possible. The NCDA has instituted an internal policy that they will provide a situation for approval with conditions that is not in the State Statute. The new process is friendlier but not required by the Commissioner of Transportation. If it is not approved, the City would have to list the things that would cause it not to be approved by the Commissioner of Transportation. The NCDA is an organization that is not comprised of approximately thirty cities between downtown Minneapolis and St. Cloud that have been working collaboratively putting together a potential rail line from Minneapolis to St. Cloud. Councilmember Billings said "thank you " to the NCDA staff and their engineers, BRW, for listening to what the people said at the Planning Commission. Mr. Yantos, Project Director for the NCDA, stated that the length of time it takes for the train to pass through the grade crossings is as long for the crossing arms to go down and up. That was the untechnical answer. He said they will receive a technical one soon. Most trains that go through now are 100 cars in length. The proposed one would be three or four cars. The starting time for Stevenson Elementary will determine the traffic impacts for that school. The last train that comes through this area in the morning is at 8:10 a.m. so that would have a minimal impact if the school starts at 8:30. They hope to have about 98 percent efficiency on timing. The first train through in the evening is about 5:00 p.m. This would be after school has been let out. The whistles would not be blown at the station for neither the passenger nor freight trains, as is a practice by BNSF. As the train gets closer to the station, a bell would be rung so people are alerted to get on. There are no statutes that provide that trains need to blow their whistle at a station. Mr. Yantos stated that the train is only there for about 45 seconds. The bell signals for people to get ready. Councilmember Bolkcom asked if the bell was similar to a whistle. Mr. Yantos stated that it is a dinging bell. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25. 2000 PAGE 15 Mayor Jorgenson stated that 45 seconds is not very long for an elderly person or a disabled person to get on that train. Mr. Yantos stated that handicapped accessibility will be in the form of a platform set aside, and the person is able to get on. Once they are on and secured, the train leaves. He said that although 45 seconds seems short, trains across the country have shown that people are ready to get on and of£ In each train, there are two doors to allow a lot of people on and off in a very short period of time. The 45 seconds allows the train to get to its next destination. Councilmember Bolkcom asked about the long-term maintenance. Mr. Yantos stated that the service is maintained by MnDOT, as a recommendation of the NCDA. They would probably contract that out to someone else. Councilmember Billings stated that if someone was standing on the railroad track, the train or commuter rail would blow the whistle as a warning. Mr. Yantos stated that was correct. Councilmember Bolkcom stated that this would be a quick train. Waiting at the railroad crossings would not be an issue compared to the one hundred car trains that goes through. Mr. Yantos stated that was correct. Ms. Pauline Mewhorter, 39 - 62"d Way, stated that there is a very low traffic impact at this time on her street. There are probably only five cars that go down the street on a daily basis. There are probably only six homes. She has lived there for twenty years. If the traffic will be rerouted, she lives really close to where people would be coming out of a parking lot that has 355 spaces. The people parking there may just cut right straight through past her house. She might get light from the headlights along with the environmental impacts. She asked how she would get out of her driveway. She asked if there was going to be a bus route going through there, too. Ms. Dacy stated that the intent of this site plan was that the buses would come in on 615� Way. It was not intended for traffic in the park-and-ride area to go north, it was intended to retain a connection to the neighborhood to the north so people would still be able to drive down to 615` Way. The City does not want to encourage high speeds in that area. She thought that maybe the design is not typical of public streets. The vegetation planned would serve as a buffer to provide screening from headlights. Councilmember-at-Large Barnette stated that Mrs. Mewhorter does have a point that if you were parked there and you wanted to go back up to Mississippi Street, taking and right a left turn by her house to get to Mississippi Street would be an option. Ms. Dacy stated that there is an immediate and direct way to the East River Road from 61S` Way. Possibly, if people are going eastbound on Mississippi Street the motivation may be to avoid the traffic light. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 16 Ms. Mewhorter asked if this project was going to pay for the assessments, if any, for putting in new curbs and streets and drainage. Ms. Dacy stated that it is her understanding that it would not be Ms. Mewhorter's responsibility. Councilmember Billings asked if they would make the section immediately adjacent to the pond, one way going south. This would force people to use 61 st Way to East River Road cutting down on the amount of traffic and minimizing the amount of headlights shining in the window. Councilmember Wolfe asked what would happen if that intersection had a cul-de-sac. Councilmember Billings stated that the reason for having the street there is to get the people that live north of there and along Ashton Avenue and the people who live on 62"a Way, a way to come south through the parking lot in order to get to the signal at 61St Way. Mr. John ivers, 5271 Trinity Drive, stated that the noise affected zones of the whistle blowing in the area is up to a one-half mile going well beyond University Avenue and East River Road. The noise level immediately adjacent, if a whistle is used, is actually above the normal sound level interfering with speech and television viewing. He strongly encouraged Council that the use of whistles not be a requirement. Councilmember Bolkcom thanked Mr. Ivers for the written materials he presented at the Planning Commission. Mr. Leonard Passon, 6211 Rainbow Drive, stated that he was encouraged by the no whistle solution. The east corridor is developing as rapidly as`the west corridor. Right now Central Avenue handles about as much traffic as it can. He suspected that it would not be a year after the commuter train goes into operation that there would be another commuter train coming out the east. He thought the crossings on Osborne Road and 77`h and 85th Avenues would be so busy that it would be almost impossible to go through there without having to stop for a train. Mr. Dale Warren, 6220 Jupiter Road, asked if a sound barrier behind the houses was in the plans. He noticed that since the trees have been taken down, he has experienced more noise when the trains come through. With a wall, the sound would go up, instead of going out. He asked if it was possible to make the 4-acres into a park area instead of having a drainage ditch with shrubbery and a pond to keep the noise from coming around into the area. He thought the wall would be the security for people who live there. He asked if there were future plans to have more than four cars coming on the train. Councilmember Billings stated that the platform itself is approximately 400 feet long. Mr. Yantos stated that each car is about 80 feet long. Mr. Warren asked if there were plans to add any more space there. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 _ PAGE 17 Councilmember Billings stated that they are anticipating starting out with two and three cars per train and going to the four car limit. If they need more than four, they aze looking at putting additional trains on the track. Councilmember Bolkcom asked if the Environmental Impact Statement would be looking at all those noise barrier questions. Mr. Yantos stated that it does address the noise issue. The draft will be available within the next thirty days for public review. If all the items are not covered, additional information can be added. The noise has been a concern and has been reviewed. Mr. Dennis Johnson, 6336 Starlite Boulevard, stated that NCDA should have a noise wall on both the east and west side. At night he can hear the trains blowing the whistle since it is quite distinctive. He has an article off the Internet regarding the possible commuter rail system with the Bethel corridor. He asked how fast the freight trains would be traveling through Fridley. They will have to travel very fast with the commuter trains going through. Mr. Johnson said he thought he would have to pay for upgrades in the rail tracks with signaling through our taxes. The first time he heard about the whistle was that it was a federal policy. The federal government is looking at changing the law in communities where they have no whistle. He wanted Council to make sure that this impact will be a positive one, and that Fridley will be a better place to live. He asked if there was going to be security in the tunnel underneath the tracks that is open 24 hours a day. Safety is his concern, and he wishes that the station area would be built closer to I-694. He asked when the second tier was going to come through. Councilmember Bolkcom stated that the vandalism as far as the bikeway/walkway is the light fiYtures. kedoing the light fixtures will make it less of an issue. Mr. Passon stated that being along the railroad tracks, transients could come into the area especially in bad weather. Mayor Jorgenson stated that the reason the City cannot have a station by the railroad yard is because of the distance from the northtown yards. Councilmember Billings stated that the Northtown yards are the second busiest yards between Chicago and Seattle. They will not allow pedestrian traffic to be in that area. A train station is not allowed at any point south of where they start widening out for the yard. Ms. Dacy stated that the 24 hour issue is their suggestion to Council that staff submit that comment to the NCDA based on the fact that if the station is open from 6:OOa.m. to 6:00 p.m., it does provide the amount of time for people to use the underpass. Staff suggested that the NCDA investigate keeping that option open. The operational issue of keeping this open 24 hours is on the list for evaluation. Ms. Connie Metcalfe, 860 Moore Lake Drive, stated that she is curious why the parking lot on the east side is so far south. She thought the walk from the parking lot will be a long way. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 18 Ms. Dacy stated that the distance is long, but the intent is to create somewhat of a buffer from the neighborhood to the north of 61 St Avenue. This forces people to access the parking lot from Main Street as opposed to 615` Avenue. Ms. Metcalfe asked if the buffer area could be smaller to bring cars closer to the station. Ms. Dacy stated that could be an option. Staff is trying to suggest that by keeping this at four acres means that this is a substantial piece of acreage for an efficient design. Mr. Warren asked when people get out of their vehicle if there will be an enclosed platform for them. Ms. Dacy stated that there will be a sidewalk that will separate the tracks and the platform that will be out in the open. Mr. Warren asked if they could walk on the platform itself. Councilmember Billings stated that the platform is not covered at all. There will be an arched area that will be almost the entire length of the platform to provide shelter from the wind and rain. Ms. Dacy stated that there are bus shelters with a connection of the sidewalk to proceed to the platform. There is going to be enclosures where the ticket booths are. Mr. Warren asked if it was possible to have a security system with bars where people walk through and lock up at a certain time. Councilmember Billings stated that is contrary to providing a connection between the neighborhood on the east side of the tracks with the neighborhood on the west side. This provides an opportunity for the children who go to Stevenson School to take their bicycles and get underneath the railroad tracks to provide a safe connection to tie the neighborhoods together. He said that Council had requests from people on the west side of the tracks to work with MnDOT to provide a connection between Mississippi Street and I-694. Mr. Warren stated that he is asking if the gates would be closed and locked between midnight to 5:00 a.m. Councilmember Billings stated that the NCDA has indicated that is an operational feature. They are not sure they would be able to allow public access under there at all from 6:OOp.m. to 6:00 a.m. Mr. Bill Camp, 6280 University Avenue, stated that he saw no reason that the bell could not ring inside the cars to warn the people it is time to get off. He asked if something could be transmitted by receiver to start a bell ringing on the station proper and not have the dinging out in the public. It is a loud dinging. Nobody seems to want to show pictures of the Sylvan Hills neighborhood and how to control traffic coming off of Mississippi Street. In the past, the City FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 19 has closed the streets even to the residents because of the traffic before this rail proposal. Now nobody seems to care. Councilmember-at-Large Barnette stated that one of the reasons for leaving those four acres is that it prevents the traffic from going out to Sylvan Hills. Mr. Camp stated that the buffer does not change how the traffic will react coming off from the north. A better idea was the pond there. He is against putting the station there because two wonderful neighborhoods are tieing spoiled. Mr. Fred Harvey, 108 River Edge Way, asked what the total number of passengers for this rail is. Ms. Dacy stated that the projection is azound 1400 people. Mr. Harvey stated that those on River Edge Way have a difficult time getting in and out on rush hour. Building the train station would make the situation worse. Councilmember-at-Large Barnette stated that these are going to be short periods of time of heavy traffic. Mr. Harvey stated that it is during that time that they already have problems getting in and out. Mayor Jorgenson stated that she thought there will be increased traffic in that area, but that intersection would probably become signalized to control the traffic flow. Iv1r. Harvey stated that it would be dangerous for children riding their bikes to school coming under that underpass to cross at East River Road. MOTION by Councilmember Billings to table this item until October 9. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if they could summarize any outstanding issues. Mayor Jorgenson stated that Mr. Yantos talked about MnDOT doing the maintenance on this property. She asked if the City is going to see the same type of maintenance they have seen on University Avenue and Highway 65 where they mow it twice per year. She said she was concerned about 61 St Way and the neighborhood traveling through the parking lot to go south on East River Road. She thought there might be a better way of trying to figure out how to accomplish that. She asked what the current zoning was on the parcel that is west of the tracks where the parking lot is proposed. Ms. Dacy stated that it is R-1, single family. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 20 Ms. Dacy stated that to summarize: the issues are the traffic issues on the west side; and congestion and headlights. Mr. Yantos will satisfy the technical answer for the time of the railroad crossing. The whistle issue has been addressed. She did not know if the security or the central control facility question can be answered in 45 days. The pond location could be located on the south side or back toward 61 S` Avenue with additional landscaping. The drainage issue needs to be talked through with the NCDA engineers and the City engineers. A reference to the Bethel corridor for another commuter rail line will probably not be another route through Fridley. Staff also needs to firm up the time for the Stevenson School issue as well. Mr. Burns stated that the request for sound barriers is a big concern also. Mr. Campbell expressed the idea of ringing the bells on the train and in station as opposed to out in the open. Ms. Dacy stated that the Environmental Impact hearings will be held this fall and are expected to be initiated in the next thirty days. Councilmember Bolkcom asked how the neighborhood would find out about this. She also asked if the meetings were going to be held near where they live. Mr. Yantos stated that they have used the Municipal Center Hall for several occasions and may want to do that for the EIS hearing. Mr. Burns asked Mr. Yantos if he had tried the Stevenson School for a hearing site because it may be more convenient. Councilmember Bolkcom asked about the mailing list. Mr. Yantos stated that they would use the newspapers. Mayor Jorgenson asked if they would be held during the day or the evening. Mr. Yantos stated that they would be held in the evening. Councilmember Bolkcom asked if there would be an opportunity for people to submit written letters and e-mail. Mr. Yantos stated that was correct. Councilmember Bolkcom asked if there would be a summary after the hearing for the community. Mr. Yantos stated that was correct. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 21 11. RESOLUTION AMENDING THE TRANSPORTATION CHAPTER OF THE COMPREHENSIVE PLAN REGARDING A STATION AREA PLAN FOR THE NCDA COMMUTER RAIL STATION SITE: MOTION by Councilmember Billings to table this item until October 9. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RESOLUTION NO. SS-2000 APPROVING A SUBDIVISION, LOT SPLIT, LS #00- 04, TO ESTABLISH A SIZE CONFORMING COMMERCIAL LOT, GENERALLY LOCATED AT 5943 UNIVERSITY AVENUE N.E. (BY EARL WEIKLE & SONS AND VAN-O-LITE)(WARD 1): Mr. Burns, City Manager, stated that Van-O-Lite is proposing a new 7,400 square foot building just north of the existing Alano property. The request is to authorize the creation of a 24,570 square foot lot for Van-O-Lite and a 45,900 square foot lot for the Alano development. The Planning Commission recommended approval with twelve stipulations. Staff added an additional stipulation requiring payment of park fees when the building permit is issued. Staff recommended Council's approval. Councilmember Billings stated that in the past the Alano Society have shown a total disregard for the neighborhoods immediately to the east and for the stipulations of the special use permit requirements that have been requested of the Alano Society. They have shown a total disregard for building code requirements. Councilmember Billings would like to make sure that the City is completely and unequivocally confident that all the screening on the east side and drainage problems that exist are going to be corrected and that there will be no further problems in that area. Ms. Dacy stated that the Planning Commission has discussed the drainage and parking issue, and Mr. Paul Bolin, Planner, stated that the drainage issues were a problem in the past, but they have been addressed. The City will retain a performance bond if they are not. The Alano Society needs to concrete curb the north edge of their parking lot and are committed to doing that. Councilmember Billings asked if there was a screening fence along the east side of the property. Ms. Dacy stated that there is. It is a requirement that a screening fence go along the Van-O-Lite Property as well. MOTION by Councilmember Billings to approve the resolution with the following tnirteen stipulations: 1) Petitioner is responsible for any actions required to transfer fee title to the vacated alley. This action must be completed prior to issuance of any building permits due to the fact that the lot is substandard in size without inclusion of the vacated alleyway; 2) Petitioner shall obtain all necessary permits prior to construction; 3) A landscape plan meeting all code requirements for number of, size of, and types trees shall be submitted prior to issuance of any FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 22 building permits; 4) All boulevard and landscaped areas shall be properly irrigated and sprinkled as required by City Code; 5) Petitioner shall provide code required number of parking stalls; 6) Storm pond must meet approval of City engineering staff; 7) Petitioner shall install code required screening fence along east property line to properly screen this property from neighboring residential property; 8) No outdoor storage or displays to be permitted on this site; 9) Any lighting on outside of building shall be downcast and shielded to minimize impact on neighboring residential area. Said lighting must not measure more than three candle foot power at the property line; 10) Parking area to be screened from the ROW by a combination of berms and continuous plantings of al least three feet in height; 11) Parking lot shall be striped for one way traffic; 12) Building shall incorporate face brick, natural stone or other masonry product approved by City staf£ Masonry product shall be used on all four sides of building to give the building architectural balance and a finished appearance; and 13) The petitioner shall pay the required park fees prior to the issuance of the building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. VARIANCE REQUEST, VAR #00-21, BY EARL WEIKLE & SONS, TO REDUCE THE REQUIRED PARKING SETBACK FROM 20 FEET TO 10 FEET, TO REDUCE THE 15 FOOT PLANTING STRIP TO 10 FEET, AND TO REDUCE THE PARKING STALL WIDTH FROM 10 FEET TO 9 FEET TO ALLOW THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING, GENERALLY LOCATED AT 5943 UNIVERSITY AVENUE N.E. (WARD ?): Mr. Burns, City Manager, stated that in order to build the proposed project for Van-O-Lite, three variances are requested. The Appeals Commission recommended approval of reducing the parking setback from 20 feet to 10 feet along the frontage road, and reducing the required 15 foot planting strip to 10 feet. The Appeals Commission however recommended denial of the variance request on width of parking spaces for the west and south sides of the proposed project. They did recommend approval of a parking space width reduction from 10 feet to 9 feet on the east side of the project. The commission recommended seven stipulations. Councilmember Billings asked if the parking stall was only allowed to be reduced to nine feet on one side of the building. Ms. Dacy stated that was correct. It is Stipulation No. 7. Councilmember Billings asked if Stipulation No. 7 was supposed to read "nine" feet. Ms. Dacy stated that was correct. MOTION by Councilmember Billings to approve the Variance Request, VAR #00-21, with the following seven stipulations: 1) Approval is dependent upon lot split approval; 2) Petitioner responsible for any actions required to transfer fee title to the vacated alley. This action must be completed prior to issuance of any building permits due to the fact that the lot is substandard in FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2000 PAGE 23 size without inclusion of the vacated alleyway; 3) Petitioner shall obtain all necessary permits prior to construction; 4) A landscape plan meeting all code requirements for number of, size of any building permits; 5) Petitioner shall provide code required number of parking stalls; 6) Storm pond must meet approval of City engineering staff; and 7) the nine-foot designated stalls shall have a sign for employee parking only. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS: Councilmember Wolfe urged all residents to check both sides of a petition issue before signing. MOTION by Councilmember Billings to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE SEPTEMBER 25, 2000, CITY COUNCIL MEETING ADJOURNED AT 10:31 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor , ti. T'HE MINUTES OF THE FRIDLEY CI'1"Y COUNCIL MEE'TING C�F . OCTOBER 9, 2000 . 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 9, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. PROCLAMATIONS: Minnesota Manufacturer's Week: October 16 - 22, 2000 ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Mayor Jorgenson read the following: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that. �L�. p�ints of view be accommodated at these pruceedings. It is further expected that a standard o�mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect in which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: Cit�Council Meetin� of September 25, 2000. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 2000. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9. 2000 PAGE 2 2. MASTER PLAN AMENDMENT AND PR_O_JECT PLAN APPROVAL, MPA #00-01, BY MEDTROlvIC INC., TO CONSTRUCT A FREE-STANDING DAY CARE CENTER, GENERALLY LOCATED AT THE CORNER OF MEDTRONIC PARKWAY AND SEVENTH STREET (WARD 1): Mr. Burns, City Manager, stated that Medtronic is proposing an 11,270 square foot, free - standing daycare facility at the southeast corner of Seventh Street and Medtronic Parkway. The daycare facility would be for Medtronic employees only and will be licensed for up to 120 children, infant to toddlers. A free-standing daycare facility is now proposed because there �vere too many safety issues with this type of use within one of the Phase I buildings. Because the location of the daycare facility is different than the original master plan approved last year, Medtronic has submitted the proposed plan in conformance with the requirements of the S-2, Redevelopment District. Mr. Burns stated that the Housing and Redevelopment Authority reviewed the plan on October 5 and recommended Council's approval. Staff also recommended Council's approval. APPROVED MASTER PLAN AMENDMENT AND PROJECT PLAN APPROVAL, MPA #00-01 WITH THE FOLLOWING FOUR STIPULATIONS: 1) UTILITY CONNECTIONS TO SEVENTH STREET SHALL BE MADE BY NOVEMBER 15, 2000; 2) THE DUMPSTER SHALL BE FULLY SCREENED; 3) THE PETITONER SHALL COMPLY WITH ALL APPLICABLE LICENSING REQUIREMENTS; AND 4) A PERFORMANCE BOND FOR THE PARKING, LANDSCAPING, AND IRRIGATION IMPROVEMENTS SHALL BE SUBMITTED IN CONJUNCTION WITH THE BUILDING PERMIT. 3. SPECIAL USE PERMIT, SP #00-10, BY VANMAN COMPANIES ARCHITECTS AND BUILDERS, INCL; TO BUILD AN ADDITION TO AN EXISTING CHURCH BUILDING (REDEEMER LUTHERAN CHURCH) WITHIN A RESIDENTIAL DISTRICT, GENERALLY LOCATED AT 61 MISSISSIPPI WAY N.E. (WARD 3): Mr. Burns, City Manager, stated that Redeemer Lutheran Church is proposing a two- phase expansion. The first phase is the construction of a platform at the west end of the existing gymnasium in order to obtain additional storage and performance space. The second phase consists of the construction of a new church entrance, gathering space, and offices within the existing alcove created by the church's existing configuration. Staff recommended Council's approval with four stipulations. APPROVED SPECIAL USE PERMIT, SP #00-10, BY VANMAN COMPANIES ARCHITECTS AND BUILDERS, INC. WITH THE FOLLOWING STIPULATIONS: 1) CITY STAFF SHALL REVIEW AND APPROVE MASONRY PRODUCT TO BE USED ON PHASE I EXTERIOR EXPANSION; 2) ALL NECESSARY PERMITS MUST BE OBTAINED PRIOR TO BEGINNING CONSTRUCTION; 3) CHURCH MUST ACCOMMODATE ALL OF THEIR PARKING NEEDS ON THEIR OWN SITE; AND 4) SPECIAL USE PERMIT SP #00-10 SHALL REPLACE SPECIAL USE PERMIT SP #84-08. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9. 2000 PAGE 3 4. PRELIMINARY PLAT, P.S. #00-02, BY BRICKNER BUILDERS. TO CREATE TWO LOTS FOR SINGLE FAMILY HOME DEVELOPMENT, GENERALLY LOCATED AT 7440 BACON DRIVE N.E. (WARD 2): Mr. Burns, City Manager, stated that two lots are proposed to be created from a 52-acre lot at the southwest corner of 75�` Avenue and Bacon Drive opposite Flannery Park. Each lot exceeds the 9,000 square foot minimum, with Lot 1 being 12,530 squaze feet and Lot 2 being 10,127 square feet. Lot 1 is on the corner and would have 94 feet of lot width, well in excess of the 80-foot minimum for corner lots. The existing house has been torn down. Staff recommended Council's approval with nine stipulations. APPROVED PRELIMINARY PLAT, P.S. #00-02 WITH THE FOLLOWING NINE STIPULATIONS: 1) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2) ANY REMAINING DEBRIS FROM DEMOLITION OF EXISTING HOME AND ANY BRUSH PILES ON SITE SHALL BE REMOVED PRIOR TO GRANTING OF FINAL PLAT; 3) GRADING AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 4) PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 5) DURING CONSTRUCTION, SILT FENCING SHALL BE tiSED WHERE APPLICABLE; 6) PETITIONER TO PAY $750 PER LOT PARK FEES PRIOR TO ISSUANCE OF BUILDING PERMITS; 7) PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES; 8) THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOMES SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS; AND 9) PETITIONER SHALL PROVIDE A TWELVE FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE `VESTERLY PROPERTY LINE OF PROPOSED LOTS 1 AND 2. 5. SPECIAL USE PERMIT, SP #00-09, BY APT MINNESPOLIS, INC., FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELE- COMMUNICATIONS TOWER, GENERALLY LOCATED AT 7900 BEECH STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that APT is proposing to construct a monopole at the west side of the Park Construction site near the railroad tracks. APT researched other approved sites in the vicinity and determined that the proposed site was the most suitable. Staff recommended Council's approval with ten stipulations. APPROVED SPECIAL USE PERMIT, SP #00-09 WITH THE FOLLOWING TEN STIPULATIONS: 1) THE PETITIONER OR SUCCESSORS SHALL INSTALL AND MAINTAIN THE PROPOSED EQUIPMENT SO THAT IT BLENDS INTO THE SURROUNDING ENVIRONMENT; 2) A NON-CORROSIVE FINISH SHALL BE USED TO PAINT THE POLE AN "EGGSHELL" WHITE; 3) THE TOWER SHALL NOT BE ARTIFICIALLY ILLUMINATED EXCEPT AS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA); 4) ALL FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9 2000 PAGE 4 SCREENING PLANTINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE LANDSCAPE PLAN, DATED JULY 21, 2000, SUBMITTED BY APT; 5) THE FACILITY SHALL BE DESIGNED TO DISCOURAGE UNAUTHORIZED ENTRY; 6) A BUILDING PERMIT SHALL BE OBTAINED PRIOR TO COMMENCEMENT OF INSTALLATION OF ANY FACILITY EQUIPMENT ON THIS SITE; 'n NO SIGNS OTHER THAN WARNING OR EQUIPMENT INFORMATION SIGNS ARE PERMITTED AS PART OF THIS APPLICATION; 8) ANY FUTURE PLACEMENT OF ANTENNAE ON THE TOWER SHALL REQUIRE REVIEW BY THE CITY TO DETERMINE IF THE EQUIPMENT LOCATION REQUIRES ADDITIONAL STIPULATIONS OR A REVISED SPECIAL USE PERMIT; 9) PETITIONER SHALL UTILIZE EXISTING DRIVE; ANY NEW DRIVES TO BE CREATED NEED TO BE PAVED IN ACCORDANCE WITH CITY CODE; AND 10) NO BARBED WIRE SHALL BE USED ON THE FENCE SURROUNDING THIS STRUCTURE. 6, RE UEST BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY (HRA) TO REMOVE TREES ON THE GATEWAY EAST PROJECT SITE GENERALLY LOCATED NEAR THE CORNER OF 57`H AVENUE AND UNIVERSITY AVENUE (WARD 1): Mr. Burns, City Manager, stated that Chapter 510 of the City Code requires the Parks and Recreation Commission, Planning Commission, and the City Council to consider removal of trees on "public" property. The HRA would like to remove some of the trees located in the Gateway East Project on the former JR Automotive site and the vacant parcel to the east. These trees would eventually be removed by construction anyway, but earlier removal is suggested, as a result of safety concerns expressed by residents in the azea. The Parks and Recreation Commission recommended approval at its October 2 meeting. The Planning Commission does not have any items for consideration in October, and rather than schedule a Planning Commission meeting just for this one item, staff recommended Council's approval. REMOVED FROM CONSENT AGENDA AND PLACED AFTER ITEM NO. 33 FOR DISCUSSION. 7. APPROVE CHANGE ORDER NO. 4 TO STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that the change order is needed to cover the cost of additional storm sewer installation and catch basins on the University Avenue East Service Drive. It is also needed to cover the cost of resurfacing the Madsen Park parking lot. The cost for the additional work on the service drive is $18,045. The cost for the resurfacing of the Madsen Park lot is $14,025. The total cost of Change Order No. 4 is $;2,070. This brings the total project cost to $708,826.80. Staff recommended Council's approvaL APPROVED CHANGE ORDER NO. 4 TO STREET IMPROVEMENT PROJECT NO. ST. 2000-1. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 5 8. RESOLUTION NO. 87-2000 ABATING SPECIAL ASSESSMENTS FOR THE RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT (WARD 3): Mr. Burns, City Manager, stated that on May 8, Council approved a resolution certifying assessments related to the Riverview Heights Improvement Project. During the discussion that evening, a few residents had not completed some property combinations in order to reduce their number of assessable parcels. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 87-2000. 9. RESOLUTION NO. 88-2000 RELATING TO THE CITY OF FRIDLEY'S TAX RATE AUTHORIZATION FOR THE YEAR 2001: Mr. Burns, City Manager, stated that the State Legislature passed a law in 1999 that forced the City to calculate a theoretical net tax capacity rate. That theoretical rate is determined by subtracting our 2000 fiscal disparities distribution from the City's 2000 budget levy. The remainder is divided by the total tax capacity for Fridley for 2001. If the year 2001 tax capacity rate exceeds this theoretical tax capacity rate, the City must reduce the budget levy. In order to prevent this from happening, Council is authorized to pass a resolution that allows the City to use a tax capacity rate that may be higher than the theoretical rate, which is what staff proposed. The budget levy will remain as approved by Council on August 28. Had the required information been available to calculate the theoretical tax capacity rate in August, staff would have presented this resolution at the time staff presented the budget levy. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 88-2000. 10. APPOINTMENT Mr. Burns, City Manager, stated that staff recommended the appointment of two employees. The first is Jane Oster to the position of Receptionist/Licensing Clerk. This position was vacated by Sue Anne Kirkham as a result of her recent promotion to another position within the City. Jane has worked for the City since 1993 as a Liquor Store Clerk. She was appointed lead clerk in 1999. She is a 1982 Graduate of the Hennepin Technical Center. The second appointment is the appointment of Kenneth J. Small to the position of Public Services Worker - Sewer. Mr. Small has been employed by the General Mills-Purity Oats Division in Minneapolis for the last twelve years. APPOINTED JANE OSTER AND KENNETH SMALL. 11. CLAIMS: APPROVED CLAIM NOS. 95699 THROUGH 95929. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 6 12. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. 13. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esp. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of September, 2000 - $ 5,000.00 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 2000 Street Improvement Project No. ST. 2000-1 Estimate No. 7 $131,422.28 APPROVAL OF PROPOSED CONSENT AGENDA: Mayor Jorgenson stated that she would like Item No. 6 to be removed for discussion. MOTION by Councilmember Barnette to approve the proposed consent agenda with the exception of Item No. 6. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item No. 6 to be placed after Item No. 33. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No visitors in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9. 2000 PAGE 7 PUBLIC HEARING: 14. TO EVALUATE THE CABLE SYSTEM FRANCHISE PROPOSAL SUBMITTED BY WIDEOPENWEST MINNESOTA, LLC (CONTINUED FROM SEPTEMBER 25, 2000): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Mr. Burns stated that staff recommended that the hearing be continued. No persons in the audience spoke regarding this item. MOTION by Councilmember Billings to continue this public hearing on October 23. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1�. CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #00-02, BY QWEST WIRELESS, LLC, TO CREATE AN APPRO.VED SITE FOR THE INSTALLATION OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES, GENERALLY LOCATED IN THE RIGHT-OF-WAY AT 1200 CHERI LANE N.E. (WARD 1): MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:47 P.M. Ms. Dacy, Community Development Director, stated that this request was to amend Appendix A of the O-5 Telecommunication District for an approved site for wireless tele-communications services. Qwest wants to install an antenna on a Northern States Power Company (NSP) pole located in the right-of-way north of Menazds along the Cheri Lane right-of-way. There is a pole there, and Qwest would like to take that down, build a new one, and put an antenna on top of that. They are also proposing the above ground equipment to service that antenna. This process is unique. The O-5 District created a number of approved sites throughout the City to allow these as a permitted use. To create an approved site Qwest must go through a process similaz to the rezoning process. The telecommunications overlay zoning ordinance establishes a number of criteria for these sites. Qwest gave the communication facility of Larpenter as an example of the cylinder design they would use. The antenna meets the location principles in the ordinance and raises the issue that this is a shorter facility and pole and is less obtrusive. The majority of the criteria have been met. The City is going to see more of these types of facilities on light and electric poles. Some facilities need a lot of ground equipment. This increases the clutter and FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9 2000 PAGE 8 equipment in the right-of-way. More antennas on the pole would detract efforts to camouflage these facilities as best as possible. Ms. Dacy stated that the Planning Commission recommended approval with a stipulation that the ground equipment should be installed above grade after hearing the testimony from the petitioner. Councilmember Billings asked Ms. Dacy to clarify the position of staff regarding the above or underground facilities. Ms. Dacy stated that staff felt it should go underground because this application represents the wave of the future. Council will be seeing more of these. The right-of-way will become more and more popular with more facilities requiring ground equipment. The City is establishing this site location as an approved site. One part of the ordinance is to camouflage the facilities which is very visible site along I-694. It is a reasonable stipulation to camouflage. Councilmember Billings asked what the response is to ventilating equipment being almost as obtrusive as the equipment itself. Ms. Dacy stated that the issue for the below grade vault is cost. It is more expensive, and the above ground equipment is one box instead of a larger set of boxes. At some point, a statement has to be made as to what is acceptable in terms of what is located in the right-of-way. There is more land area on this particular site to do it. Mr. Flora, Public Works Director, stated that it is also a safety item. Any vehicles leaving the roadway would have a tendency to crash into it. Mayor Jorgenson asked if a ventilation system would require fans. Ms. Dacy stated that it probably does require fans. Councilmember Bolkcom asked how close this was to the road. Ms. Dacy stated that there is about 30 feet between the curb line and the right-of-way. Councilmember Bolkcom stated that she thought above ground facilities did not look that bad, especially with landscaping around them. She asked if there was any other community where this is underground. Ms. Dacy stated that the above ground facility is about four feet tall. She said that the city ordinances of St. Paul and Minneapolis have not required the petitioner to place equipment underground, but provisions do exist in various parts of the City's ordinances. There are municipal examples to require such installation. She thought this might happen in the future where there is not a lot of space along the roadside. Councilmember Wolfe asked where the vehicles would be coming from in this particular area and where they might crash into the facilities. Mr. Flora stated that they would be coming on Cheri Lane. There is a curve by the parking lot. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9. 2000 PAGE 9 Councilmember Wolfe stated that neither direction goes toward that facility. Councilmember Billings stated that on an icy slippery day, cars might end up just about anywhere. The City engineer's point of view is that they strive to put the fewest amount of obstructions in the right-of-way as possible. Councilmember Wolfe stated that this particular area is set far away from the street. Ms. Dacy stated that the petitioner submitted a landscaping plan that proposes six-foot tall arborvitae species around the facilities. Mr. Larry Colemen, Qwest Wireless, stated that they have equipment on three approved sites already. They tried to use the Matterhorn Drive water tank, but it would not provide the coverage they need. They need to be near the intersection to fill the gap in the coverage, and that is why they have chosen that location. He said they have over 400 sites in Minnesota, and over 3,000 system wide. Not one is underground. Equipment has to be sealed from the environment if it is underground. This means putting it in a vault. The vault has to be humidity and temperature controlled with a sump pump. There would be an air conditioning unit, as well as room for access for people to come into the vault. Room would have to be made for the cabinet doors to swing open so the equipment can be serviced. Rather than having ground equipment that is 2.5 feet by 9 feet, you end up having equipment that is 20 feet by 20 feet and 11 feet deep. Cable providers would not be able to run the cable through the vault. They would have to go under or around. The air conditioning unit would be quite large also. This creates a huge area that will be wider than the ground equipment. The landscaping would include some evergreens around there so the equipment would not be seen. The Planning Commission recommended that brown paint be used, but because of technical reasons related to the color brown attracting more heat, a heat shield would need to be used. Mr. Flora stated that the ground space would still be the same amount of area, and Qwest would still have to service the cabinet from both sides. Mr. Coleman stated that they would have to open the doors. The space with the landscaping would still take up about the same amount of area as underground. Mayor Jorgenson asked if someone was to co-locate on the pole, if they could also put up similar equipment. Mr. Coleman stated that it would depend on the carrier. Some carriers have a box similar to the transformer box, and other carriers have larger equipment. Some carriers aze able to accommodate their equipment on the poles. Mayor Jorgenson asked if the facility would be large enough to accommodate another user if it was underground. Mr. Coleman stated that it would not be large enough. Mayor Jorgenson asked if there were other utilities adjacent to this. Mr. Flora stated that there are none. One sewer line goes to the north and one goes to the east. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9 2000 PAGE 10 Councilmember Billings stated that the coverage area is needed down here rather than by the water tower. He asked if there was adequate coverage on top of the hill. Mr. Coleman stated that it overshoots the coverage objective because it is too high to cover the low areas. Councilmember Billings asked if the installation of this pole would enable the signal to be received on top of the hill. Right now, he just turned in eight cellular phones with Qwest, because they could not get a signal at his home on top of the hill. His home is 60 yards from the water tower up on Manor Drive. Mr. Mitchell, Radio Frequency Engineer of Qwest, stated that Qwest currently has sites surrounding this area. There is a very challenging problem along the hill. This proposed solution is a very low site which would fill in that area. Based on the drive test, Qwest would know if this would work on the hill area. This particular site would have a one-quarter to one- half mile of service radius. Councilmember Billings asked if one of the concerns with the above ground equipment was the possible multiple location proliferation of this type of equipment throughout the City. He asked if the City would be setting a precedent by putting this underground at this location. Mr. Knaak, City Attorney, stated that nothing that Council would do, unless they established a precedent, necessarily creates a precedent for future placement locations. The concept of modifying the ordinance and allowing for these kinds of places gives a considerable amount of discretion. This is not quite the next step and is a singulaz easily acceptable exception to the general rule in which the City could say that the circumstances were unique enough. Mr. Knaak did not think it was Council's intent to create a precedent. Councilmember Billings asked if Council could go ahead with the recommendation from the Planning Commission and not lock themselves into an above-ground facility at all future installations. Mr. Knaak stated that was correct. Mr. Coleman stated that this is a site to fill in a coverage gap. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:25 P.M. 16. PROPOSED ASSESSMENT FOR THE 2000 WEED ABATEMENT: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:25 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 11 Mr. Pribyl, Finance Director, stated that this was the annual assessment for the properties that the City expended resources for mowing grass in accordance with the City ordinance. The total amount for the properties is $354.11 and is for a duration of one yeaz at 6.5 percent interest. A resolution will be presented. Mayor Jorgenson stated that this was a lot less than last year's assessment. Councilmember Bolkcom asked if there were two or three properties. Mr. Pribyl stated that there are three assessed parcels with one address having two parcels associated with it. Councilmember Bolkcom asked if letters were sent to notify these people. Mr. Pribyl stated that numerous letters were sent. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:30 P.M. 17. PROPOSED ASSESSMENT FOR THE 2000 NUISANCE ABATEMENT: MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:30 P.M. Mr. Pribyl, Finance Director, stated that this is the annual assessment for those properties that the City has expended its resources. In this case, it is regarding clean-up activities in which four properties were assessed. The proposed amount of the assessment is $4,840.80. The assessment is for one year at 6.5 percent interest. The City received a letter of objection from Ms. Shelly Garber, 5800 Tennison Drive. MOTION by Councilmember Barnette to receive the letter. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if there were five properties. Mr. Pribyl stated that was correct. The one identified as 125 Alden Circle had taken caze of the nuisance issue prior to the meeting. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC IiEARING WAS CLOSED AT 8:31 P.M. 18. PROPOSED ASSESSMENT FOR THE 2000 TREE ABATEMENT: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:31 P.M. Mr. Pribyl, Finance Director, stated that this is the annual assessment in which residents actually had the City remove a tree per an agreement. On this particular assessment, there is one diseased or damaged tree that was removed. Under the project assessment area there was one property at 579 Hugo Street. The total amount of the assessment is $2,288.13. MOTION bv Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:32 P.NI. 19. PROPOSED ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT- NO. 1995 - 4: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:34 P.M. v1r. Pribyl, Finance Director, stated that this assessment was for the East River Road street project. It included the concrete, curb, and gutter for the 1995-4 project along East River Road from Lafayette Street to Kimball Street. This project assessed the cost at $10 per lineal front foot. Under the project, there was a total assessed cost of $3,654.18. The assessment period for this project is ten years at 6.5 percent interest. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:36 P.NL FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9. 2000 PAGE 13 20. PROPOSED ASSESSMENT FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. 1998 - 4: MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:36 P.M. Mr. Pribyl, Finance Director, stated that this pertains to the concrete, curb, and gutter portion of the 1998-4 project. The project area was along Central Avenue from 66`� Avenue through Osborne Road. There are 23 affected properties. The final cost is $9.63 per lineal front foot. The project's total assessed cost is $129,856.91. It will be assessed over a period of ten years at 6.5 percent interest. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:37 P.M. 21. PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:37 P.M. Mr. Pribyl, Finance Director, stated that this project pertains to the concrete, curb, and gutter portion of the 2000-1 street improvement project. The project's assessment pertains to those homes along the University East Service Drive to Osborne Road, and 74`� Avenue from the University Avenue East Service Drive to Lyric Lane, from Symphony Street from 73�d Avenue, to 74`i' Avenue, from 73`d Avenue Service Drive to University Avenue and Able Street, and also properties abutting 71S` Avenue to the Northco Drive Development area. The total cost is $105,346.16 assessed at $14.00 per lineal foot over a period of ten years at 6.5 percent interest. Mayor Jorgenson asked for an explanation of why the cost is $14.00 per lineal foot. Mr. Pribyl stated that it has to do with the contract cost for installation of concrete, curb, and gutter. Mr. Flora, Public Works Director, stated that the more concrete put in, the cheaper it gets for them to provide the concrete. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 14 MOTION by Councilmember Bamette to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:39 P.M. 22. PROPOSED ASSESSMENT FOR THE RICE CREEK PHASE 2 BANK STABILIZATION PROJECT: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE 1�IOTION CARRIED UNAMIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:39 P.M. - 1�1r. Pribyl, Finance Director, stated that this pertains to stabilizing the creek bank along Rice Creek. The assessment pertains to those homes that actually border Rice Creek from University Avenue downstream to the railroad tracks. This assessed project cost is at $17,800.00 assessed at $10.00 per lineal foot, over a period of ten years at 6.5 percent interest. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. tiPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:40 P.M. OLD BUSINESS: 23. RESOLUTION NO. 89-2000 REGARDING ADVANCED CORRIDOR PLAN FOR THE NCDA NORTHSTAR COMMUTER RAIL STATION (TABLED SEPTEMBER 25, 2000): MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE NIOTION CARRIED UNANIMOUSLY. N1s. Dacy, Director of Community Development, stated that at the last City Council meeting, Council reviewed some issues with the process and the proposed commuter rail site at 61St Avenue and 61 S` Way. Council took comment on the revised plan which reduced the parking spaces on the east side of the proposed commuter rail park-and-ride facility and proposed a different size parking facility on the west side of the railroad tracks. Pursuant to State Statute, w-ithin 45 days of the hearing that was conducted by the Northstar Corridor Development Authority, (N.C.D.A.) on September 7, 2000, the city or town shall approve or disapprove the location and design of the station to be located in the city or the town. The city or town that FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 15 disapproves shall describe specific amendments to the plan that if adopted, would cause the City to withdraw its disapproval. The 45-day timeframe expires on midnight of October 23. Once Council submits this action to the N.C.D.A., is then submitted it to the Commissioner of Transportation. The N.C.D.A. has instituted a policy of another option for cities along the corridor. That option is to approve the proposed station site with conditions. The N.C.D.A. has adopted a policy to respond to the communities within 45 days of action on the Advanced Corridor Plan. Ms. Dacy stated that staff put together a four-page resolution that recites and outlines the City's understanding of the project proposed on the existing railroad tracks. It documents that the City conducted three meetings. It also reviews and documents the public comments during those hearings. The location, crime concerns, and other issues are addressed in the "whereas" statements. It proposes that the City follow the State statutes. The resolution identifies a list of other issues that the N.C.D.A and the Commissioner of Transportation should address. The resolution, as summarized, states that the proposed Advanced Conidor Plan in August is disapproved, and the City requests tha� the N.C.D.A. and the Commissioner of Transportation evaluate other possible station locations that would create less of an impact on a residential neighborhood. If the station is to be located at 61S` Way and 61St Avenue, it would place a number of site design conditions on the plan submitted on September 20. The resolution is saying that it is proposing this particular site with conditions pertaining to that design plan. Those conditions reflect comments raised at the September 23 meeting. Ms. Dacy stated that the resolution requests the Commissioner of Transportation and the N.C.D.A to minimize all train whistles. It also requests them to appropriately reduce and mitigate noise, consider location of the Central Security Control Facility as an anchor tenant within a building on the four acre parcel on the east side of the railroad tracks. Another concern is the ongoing maintenance of this station. The resolution requests them to arrange for appropriate maintenance operations. The N.C.D.A. shall submit all required land use applications and the City of Fridley reserves the right to place stipulations. It notifies the N.C.D.A. that the City of Fridley reserves the right to install traffic control signage around the station site and suggests that they review the benefiting parties of the signal lights at 615t Way. It also requests evaluation of the current statutory process regarding the Advanced Corridor Plan. The resolution requires them to evaluate and respond to the resolution and to return comments to the City. The environmental impact statement are hearings will be held this fall. MOTION by Councilmember Bolkcom to accept the four letters sent by Randy and Sue Benedict; Ken and Carol Hughes; Delora Kristian; and Norris and Doris Knutson. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked if the neighborhood has been sent the resolution before us this evening. Ms. Dacy stated that they have not. This was prepared last week and a copy of the resolution is in the public copy of the agenda book. Councilmember Barnette stated that the City really listened to some comments from the meetings they had. On page 73 of the agenda book, it states that "The City Council of the City FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 16 of Fridley, hereby disapproves the station design as submitted by the Northstar Corridor Development Authority, as submitted in the Advanced Corridor Plan transmitted to the City on August 4, 2000." There are a number of things that the neighbors talked about. Councilmember Barnette thanked Councilmembers Bolkcom, Billings, as well as City staff who worked out these things to meet the requests of the neighbors. He felt it was a real process in democracy. He did not think the City had the final say so on this subject. He asked if there was any idea of a time line when a final decision might be made. Mr. Tim Yantos, N.C.D.A. representative, stated that is the process they are working through right now. Specific locations have to be identified within the next couple of months. N.C.D.A. hopes to make a final decision so the project can move forward. Councilmember Bolkcom stated that the City had 45 days to respond. She asked how soon the City could expect a response back from the Northstar Corridor or MnDOT. Mr. Yantos stated that within the next 45 days after October 23, they would, hopefully, be able to respond to many of the issues all of the communities have addressed. Councilmember Bolkcom asked about the environmental studies and the hearing on that would happen. Mr. Yantos stated that they would have a hearing somewhere in this vicinity hopefully by early December. Councilmember Bolkcom asked if who could direct their questions and information to. Mr. Yantos stated that they could respond directly to the Commissioner of Transportation or people to him as Director of the project. Councilmember Billings stated that he wanted to thank Ms. Dacy and Mr. Hickok, Planning Coordinator, for the tremendous amount of work they had put into this resolution. There are 35 findings of fact and thirteen actions the City is taking. He felt they listened to the concerns expressed and covered each and every one of them in the resolution. He thanked the N.C.D.A., the Department of Transportation, and the BRW Engineering firm for the effort between the Planning Commission meeting and the City Council meeting in addressing the concerns with the actual site plan dated on September 20. He would like to make one small language change in the resolution. MOTION by Councilmember Barnette to approve the resolution regarding the advanced corridor plan of the Northstar Commuter Rail Station. Seconded by Councilmember Billings. MOTION by Councilmember Billings to amend the resolution starting at the second bullet from the bottom: "The underpass shall be designed with the "switchback" on either side of the railroad tracks, and shall be designed with some type of enclosure to protect pedestrians from inclement weather, but yet allow an appropriate amount of light and air." Seconded by Councilmember Bolkcom. Councilmember Bolkcom stated that they wanted to continue the process to get any new information. She asked if it would be in order to let members of the audience speak. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 17 Mr. Dennis Johnson, 6336 Starlite Boulevard, asked why the project would have to have an underground tunnel, if the project comes to exist. He thought the tunnel would present more problems because many people use 61 St Avenue for the buses which is a safety hazard. If 61 St Avenue is blocked off, he thought people might cut through back yards. The existing fence that has been there is getting worn out. He asked when the line from Bethel was going to start and join the line coming down from Anoka through Fridley. He said the traffic through Sylvan Hills still has not been addressed. Mr. Yantos stated that MnDOT first designated the Northstar Corridor and then the Red Rock Corridor which goes to Hastings. There also is a corridor that goes down to Lakeville. A variety of different lines, including the Bethel line, are placed in the second phase and are projected to be at least twenty yeazs out. Mayor Jorgenson asked if this would mean additional trains or cars added on to existing trains. Mr. Yantos stated that there would be some ridership in Bethel. He said a train or two might be added that would meet in Coon Rapids, for example. Councilmember Billings asked if the N.C.D.A. has been doing any preliminary looks at a line from Coon Rapids and Bethel at this point in time. Mr. Yantos stated that they have not. Councilmember Billings stated that they are strictly looking at St. Cloud at this time. Mr. Yantos stated that was correct. Mr. Todd Meissner, 6201 Starlite Boulevard, asked if the City of Fridley has the authority to say no. He asked how Burlington Northern could say that N.C.D.A could not have a site on their property. There is a lot of industrial property along the tracks that would better suit this station. He was against the project from the start, but is pleased with staff and the way they are working with the neighborhood to meet the neighborhood's needs. He asked if Burlington Northern was willing to work with the neighborhood to install sound barriers. He asked if it was possible to put in speed bumps if the traffic goes down Starlite Boulevard. Mr. Flora stated that normally speed bumps are not constructed in the City because of snowplow equipment. However, the City of Blaine's policy is that speed bumps can be installed if residents want to pay for them and replace them if they change their minds. Mr. Meissner stated that a snowplow is much easier to replace than a child that gets hit by a car. Councilmember Bolkcom stated that this is something staff could look into. Councilmember Wolfe asked if the bottom line was that the Commissioner of Transportation would go forward with this project even if Fridley does not want it. Mayor Jorgenson stated that the City is for the project, but the City can let the N.C.D.A. and the Commissioner of Transportation know about the things the City is not very happy with. The City can make suggestions and changes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 18 Councilmember Wolfe stated that the number one complaint he hears from so many people is the amount of money that is going to be spent on the commuter rail. It is fiustrating, but it sounds like it is out of our control. Mr. Burns stated that there are a lot of players in this project, including the State legislature paying forty percent (40%) of the construction cost of the whole project. Councilmember Wolfe stated that it seemed like investing millions of dollars in a project that a few people would use. Mr. Burns stated that he knows that mass transit had a tough time going in this neighborhood. Councilmember Bolkcom stated that nothing is ideal. There have been many changes since the first plan. The railroads can basically do what they want to do. This is just the first phase. Looking at sound barriers would be part of the environmental study that needs to be done yet. She said that Council would try to keep everyone informed. She said that Council is not sure when meetings would be held. She said letters would be mailed once a meeting has been determined. Mayor Jorgenson stated that it sounded like the process would fall between Thanksgiving and Christmas. Mr. Yantos stated that the best estimate is the first couple weeks in December. Many agencies are scrutinizing this information. The N.C.D.A. is waiting for this information to come back so they finalize it. Mayor Jorgenson asked if the City would receive adequate notice for those meetings. Mr. Yantos stated that was correct. Councilmember Billings stated that Council is asking the N.C.D.A to take a look at the environmental impact statement dealing with the sound barrier. If there aze negative impacts, a means to reduce and mitigate that noise must be figured out. B.N.S.F. being a railroad, falls under special laws. No one can really dictate to a railroad because federal laws were enacted that say that railroads can do anything they want to do on their right-of-way. Mayor Jorgenson asked for a vote on the amendment. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked for a vote on the main item. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that this is a tough struggle for the neighborhoods. It impacts the neighborhood in many ways. She said that Council would like to keep everyone informed and involved. Council appreciates involvement and input from residents. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 19 Councilmember Billings stated that the Northstar people and the Minnesota Department of Transportation would much rather have had Council approve the location of the station with several conditions. The City Attorney has advised Council that the N.C.D.A. and the Commissioner of Transportation may have come up with an amended process, but they do not have the ability to make rules that have the impact of law. The City's only two choices are to approve what was given to them, or to disapprove and make changes. Mr. Knaak stated that was exactly right. 24. RESOLUTION AMENDING THE TRANSPORTATION CHAPTER OF THE COMPREHENSIVE PLAN REGARDING A STATION AREA PLAN FOR THE NCDA COMMUTER RAIL STATION SITE (TABLED SEPTEMBER 25, 2000): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy, Community Development Director, stated that the Planning Commission looked at this item on September 6. The comprehensive plan application was initiated by the City to evaluate some of the issues about the commuter rail station. The plan language states that influence area of the commuter rail station is about one-half mile. The plan should evaluate what types of land uses exist already. Many issues were brought out during the hearing about how people would get to the site. Staff has done a lot of work already, but what is proposed, is to look at language included in the draft of the Comprehensive Plan. Staff suggested evaluation of four goals to guide future decisions. For example, what happens to the vacant four-acre parcel on the east side? How is the station as a land use treated? Ms. Dacy said the four principles talk about neighborhood compatibility, mixed and compact land use, safe station environment and support of access patterns. There is a good mix of density around the site and a fairly compact pattern already that is developed. Staff suggested that the City use principles to help guide the future decisions of what should be the land use of some of the vacant areas. She asked under what circumstances should some of the possible proposals be evaluated. A big issue is how to create bikeway/walkway connections to the site. One segment that should be evaluated is along the west side on Main Street. Some issues deserve further attention. The potential of the City establishing an overlay zoning district can help control development around and in the station area. Ms. Dacy stated that the Planning Commission recommended approval of the language with a resolution as well. Councilmember Bolkcom stated that she does not understand why staff did that. There are all these issues related to the whole station. She asked why staff would recommend a zoning text amendment with all these issues. Ms. Dacy stated that it was not a zoning text amendment. It establishes very broad principles and goals in the Comprehensive Plan. The City should establish a public hearing process to establish the zoning district, but prior to that, you would typically create broad language in the FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 20 Comprehensive Plan to say that this is the azea to look at and show some issues of concern. This makes sure the appropriate land use is going on. The next step is to include further study. Staff is not changing the zoning ordinance, but suggesting that prior to development more issues need to be addressed. Ms. Dacy stated that staff was planning to initiate a process to create a zoning district to identify what would be the permitted type of land uses on the vacant site on the east side of the railroad tracks. Councilmember Bolkcom asked if the City was doing anything with all the vacant sites there now. Ms. Dacy stated that they were not. Mayor Jorgenson stated that any more study would be a little premature since the City does not know more about the station. _ Ms. Dacy stated that it is up to Council. There is no mandate that Council pass this item. She said that it seemed to make sense for staff to evaluate how the commuter rail station site interacts with the other land uses around it. There are some benefits to this from a City-wide perspective, but if it is going to be at this particular site. There should be broad principles established to make sure that this would help answer future questions. The land on the east side is zoned industrial right now, and the public may have a different viewpoint on the zoning. The zoning process will help initiate that analysis. Mr. Burns, City Manager, stated that this states the goals in the comprehensive plan. A further study would help to ensure that the City would be better protected from future incompatible uses for the rail site. Ms. Dacy stated that this is an intent to start in a broad area and work from that. Councilmember Bolkcom stated that they are only talking about one parcel not being utilized in the station plan. Right now some is residential, so Councilmember Bolkcom did not understand how doing this seems necessary. Councilmember Barnette stated that he does not understand either. Ms. Dacy stated that the four principles reflect the principles that Council would like in the Cornprehensive Plan to be very broad. Whatever is developed on that four-acre piece should be compatible with the neighborhood. A security control facility has been suggested for this site. These different types of uses should be evaluated at some point in time because the public will want to know what is going to go there. Enhanced station neighborhood environment principle means they are trying to look at pedestrian/bikeway connections and make sure people are getting there safely. Councilmember Bolkcom stated that all of this is based on the fact that there will be a station. Councilmember Bolkcom asked what the urgency of doing this now was. FRIDLEY CITY COUNCI_L MEETING OF OCTOBER 9, 2000 PAGE 21 Ms. Dacy stated that staff had to start somewhere. Staff is trying to take stock of the issue in terms of what is going to happen to the area back up to one mile. Staff used this to look at transportation in general in Fridley and how commuter rail might help or hurt University Avenue. Staff was trying to use the Comprehensive Plan as a tool to evaluate how this fits into the big picture. Councilmember Bolkcom asked if the City would lose anything by not doing this now. Ms. Dacy stated that they do not lose anything right now. Mr. Burns stated that if some industrial or land use wants to come into this area that the City felt was incompatible with the station site, not having this would put the City in a weaker position. Councilmember Bolkcom stated that this land has been sitting vacant for some time. She said this decision did not sit right with her. She was not sure if passing this would prevent anyone from using this right now zoned the wa}� it is zoned. Mr. Knaak, City Attorney, stated that yes, it would weaken the position, but no, it really does not matter. Mayor Jorgenson stated that she would like to wait and see what is going to happen to the site first. Councilmember Barnette stated that the Council could table this. Mr. Knaak stated that it would make sense to table this. The Comprehensive Plan is an ongoing process. MOTION by Councilmember Bolkcom to table the resolution. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 25. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY ADDING AN APPROVED SITE TO CHAPTER 205, "ZOI�TING," TELECOMMUNICATIONS TOWERS, SECTION 205.30, APPENDIX A: Ms. Dacy, Community Development Director, stated that this is in response to the public hearing on Qwest Wireless. If Council were to use the Planning Commission stipulations, Item No. 3 regarding the joint use agreement with Northern States Power Company (NSP) has been complied with. MOTION by Councilmember Billings to approve ZTA #00-02 with the four stipulations as follows: 1) The ground equipment shall be installed below grade with vegetation proposed in the landscaping plan, and the landscaping shall be maintained by the petitioner; 2) Ground FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 22 equipment and the cylinder on top of the pole shall be colored brown to match the MdDOT equipment; 3) The petitioner shall submit a copy of the joint use agreement with NSP to the City prior to installation of the service; and 4) No additional antenna may be installed on the subject NSP pole, other than the two proposed in the applications. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. RESOLUTION NO. 90-2000 SUPPORTING APPLICATION FOR MPCA GRANT FUNDS FOR THE SPRINGBROOK SUBWATERSHED STORM WATER MANAGEMENT PROJECT: Ms. Julie Jones, Planning/Recycling Coordinator, stated that the reason the City was looking at an application for Phase II funding is that in the Phase I application they did find that the Springbrook Nature Center wetlands have been impacted due to upstream development. There are opportunities for upstream solutions by reducing storm water flows. It is not reasonable for Fridley to cover these costs alone without any assistance. The cost for the proposed conections total $799,000. The grant funding option the City has is to apply for MPCA Phase II funds or federal Section 319 funds. This would cover up to fifty percent (50%) of the eligible project costs. Staff noted both grant and loan funds are available. The cost is spread out for three years. The application deadline is next Monday, October 16. At a previous meeting with the other city councils involved in this project, staff recommended an even distribution of the costs of this project among the four cities involved. Ms. Jones stated that at the September 11 joint city council meeting, one other community suggested that Fridley distribute the cost per contributing area. Staff has done that. It changed the contributions for each city. Staff had taken Blaine's and Fridley's 75 percent of the project costs and split them fifty-fifty. Staff now has confirmation from the cities of Blaine, Coon Rapids, and Spring Lake Park, that they will each make the contributions requested of them. The City of Blaine actually contributed more. There is supposed to be a$25,000 contribution from Northtown Shopping Center. The City of Blaine proposed that Fridley and Blaine split that contribution. Ms. Jones said that this resolution states that the City of Fridley commit $48,000, which includes the money making up the amount that Northtown Shopping Center has not donated yet. On Tuesday, October 10, Northtown Shopping Center was supposed to send a letter stating that they will contribute the amount Fridley has requested. Fridley will then reduce Blaine and Fridley's amount of the contribution to the previous amounts. Staff will be directed to continue to solicit those private contributions and additional grant funds necessary to make the whole scenario work. This project has been well over six years in the making. Getting 26 individuals to agree on a comprehensive plan has not been an easy task. The wetlands have been a priceless amenity for the City. Right now the wetlands are being used as an educational tool to show the public that wetlands can be very negatively impacted by the development around it. Staff hopes to turn that around with this project and have Springbrook once again be a positive educational resource for the community. Mayor Jorgenson stated that she wanted to thank Ms. Jones for all her efforts and presentation. The negative impacts from the development affecting the �vetlands are pretty dramatic. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9 2000 PAGE 23 Councilmember Bolkcom asked if the commitment from Northtown Shopping Center was truly going to be on Tuesday, October 10. Ms. Jones stated that they are going to be contacting the City of Fridley on Tuesday, October 10. Councilmember Bolkcom stated that whether there is a nature center there or not, there is a wetland, and the issue relates to water quality. The City will still be looking at this issue, nature center or not. Ms. Jones stated that the experts are saying that it is not a matter of "if' the City has to meet the requirements of storm water quality, it is a matter of "when." In less than ten yeazs, the City would probably be facing some regulation enforcement. Councilmember Bolkcom sta.ted that the urgency is to get this submitted by October 16 for the grants. Ms. Jones stated that the chances are better if they apply right away. Councilmember Bolkcom stated that there is a possibility of receiving more grants. Ms. Jones stated that they could apply for loan funds and grant funds combined. Staff is planning to apply for pure grant funds in the application. Councilmember Bolkcom stated that none of this money is budgeted. Ms. Jones stated that the City can apply for loan funds but then would have to pay that money back with interest. The general feeling from the other communities is that they were not interested in doing that. Councilmember Bolkcom asked Mr. Burns if it is in the budget for next year. N1r. Burns, City Manager, stated that it is not. He would expect Council to pass a resolution appropriating additional funds for this for next year. Councilmember Bolkcom stated that this is just an estimate of how much it would cost. Additional studies need to be done. N1s. Jones stated that this is an estimate. The project will probably start in the summer of next year. Mayor Jorgenson asked Ms. Jones when they will know if they are successful in applying for grant funds. Ms. Jones stated that they will know in the middle of February, 2001. Councilmember Barnette stated that Springbrook Nature Center was not intended to have any of Fridley's tax dollars spent on it. He asked if the other cities passed resolutions by their councils, and who would be forcing the issue. He asked what power the MPCA has to force the City to do anything. He asked what would guarantee that anything would change. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 24 Ms. Jones stated that Fridley is forcing the issue because the City took this project on behalf of the Six Cities Watershed Management Organization. Fridley has gone to the other communities to ask for this contribution. All three of those other communities have turned around and passed resolutions committing funds to this project. Fridley is the last to pass the resolution. The MPCA has the power to tell Fridley what to do but the rules are not written yet based on the federal guideline. That was why the information may seem a bit vague. When those rules are written the MPCA has the authority to apply those rules to communities with over 10,000 in population. Mayor Jorgenson stated that there is so much water coming from upstream that it is silting in the nature center. If the City does not take corrective measures to slow the flow down, it will totally flood the nearby residents. Councilmember Bolkcom asked if they were confusing the nature center and the water quality. This has to do with water quality and how the City handles our storm water. The City Council has responsibility as elected officials -�o look at water quality. The other communities are basically giving Fridley the water. There have been better storm water programs initiated. This is not like the Rice Creek Watershed District that has big projects they do every yeaz. The Six Cities Watershed District does not do projects like this, and they may not even have statutory regulation to assess. That is why the ad velorum does not happen here. That is why we are looking at more money here. Councilmember Wolfe stated that they notify all the neighbors when a specific project is being done in their neighborhood. This project will affect everyone in this City with their tax money. Mr. Burns stated that they probably would be using fund balances for most of it. Mayor Jorgenson stated that Fridley shares the cost with the watershed and the residents and the City. Mr. Burns stated that the City does these kinds of projects all over town. Councilmember Wolfe stated that this is the nature center, and he understood the filtering process. The nature center has taken money from the citizens of Fridley for many years, and it frustrates him. The City's surveys say that the nature center is not used. Councilmember Wolfe wondered if the City did nothing and the State tells the City eventually that they had to, he asked if the City's defense would be that water was coming from Blaine. Councilmember Wolfe asked if the State would require Blaine to pay. Councilmember Billings stated that over twenty years ago, Council went after Spring Lake Park because of the water quality coming from that city; however, Fridley lost in court. There are grant funds available from governmental agencies other than the City of Fridley, Coon Rapids, and Blaine to do some work here. There is federal legislation that in three to five years Fridley will have to do something. If the City can get some type of government money to shaxe in the cost, it behooves the City to do that. The City could wait and see if we could get anyone to help us when there is no grant money available. Mayor Jorgenson stated that the availability of this grant money is because the four cities are working together on this project. i FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 25 Councilmember Barnette congratulated Ms. Jones for doing a good job. He stated that he is not easily swayed on this issue, but since the other city councils have passed this resolution, Fridley would be remiss not to. MOTION by Councilmember Bolkcom to adopt Resolution No. 90-2000 supporting application for MPCA grant funds for the Springbrook Subwatershed Storm Water Management Project. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBERS BILLINGS, BARNETTE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED FOUR TO ONE. 27. RESOLUTION NO. 91-2000 ADOPTING ASSESSMENT FOR 2000 WEED ABATEMENT: MOTION by Councilmember Bolkcom to adopt Resolution No. 91-2000 adopting assessment for 2000 weed abatement. Seconded by Councilmember Wolfe. Councilmember Bolkcom asked if people will be more informed by sending out a letter to the certain individuals informing them of this assessment. Mr. Pribyl, Finance Director, stated that they have a letter designed specifically for that. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 28. RESOLUTION NO. 92-2000 ADOPTING ASSESSMENT FOR 2000 NUISANCE ABATEMENT: MOTION by Councilmember Barnette to adopt Resolution No. 92-2000 adopting assessment for 2000 nuisance abatement. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 29. RESOLUTION NO. 93-2000 ADOPTING ASSESSMENT FOR 2000 TREE ABATEMENT: MOTION by Councilmember Bolkcom to adopt Resolution No. 93-2000 adopting assessment for 2000 tree abatement. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9 2000 PAGE 26 30. RESOLUTION NO. 94-2000 ADOPTING ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. 1995-4: MOTION by Councilmember Bolkcom to adopt Resolution No. 94-2000 adopting assessment for East River Road Improvement Project No. 1995 - 4. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 31. RESOLUTION NO. 95-2000 ADOPTING ASSESSMENT FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998 - 4: MOTION by Councilmember Barnette to adopt Resolution No. 95-2000 adopting assessment for Central Avenue Improvement Project No. ST. 1998 - 4. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTI�IG AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 32. RESOLUTION NO. 96-2000 ADOPTING THE ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 -1: MOTION by Councilmember Billings to adopt Resolution No. 96-2000 adopting the assessment for Street Improvement Project No. ST. 2000 - l. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 33. RESOLUTION NO. 97-2000 ADOPTING THE ASSESSMENT FOR RICE CREEK PHASE 2 BANK STABILIZATION PROJECT: MOTION by Councilmember Bolkcom to adopt Resolution No. 97-2000 adopting the assessrnent for Rice Creek Phase 2 Bank Stabilization Project. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. REQUEST BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY TO REMOVE TREES ON THE GATEWAY EAST PROJECT SITE, GENERALLY LOCATED NEAR T�IE CORNER OF 57 AVENUE AND UNIVERSITY AVENUE (WARD 1): Mayor Jorgenson asked if there will be any trees left on this site after it is prepared for construction. Ms. Dacy. Community Development Director, stated that there may be some existing large trees kept between the Rapid Oil site and the vacant piece to the east. There is the crosshatch piece east of the vacant parcel where the new public street connection would go. She is not anticipating any trees to be maintained in that area. The apartment owner to the east is already FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 27 planning a fence; however, the majority of trees will be removed. If negotiations go well, the landscaping plan they have is very extensive. Mayor Jorgenson asked if some landscaping materials will be placed between the new development and the existing apartment complex there now for screening purposes in addition to the fence. Ms. Dacy stated that was correct in the north part, but the public road is proposed to be connected up to 57 1/2 Avenue. Mayor Jorgenson stated that it is unfortunate that most of the trees have to be removed. MOTION by Councilmember Billings to approve the HRA's removal of the trees for the Gateway East site subject to approval by the Planning Commission. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if the Planning Commission's approval was mandatory as stated in the ordinance that it has to be approved by all three bodies. Ms. Dacy stated that the Planning Commission is not going to meet until November. She understands the ordinance to mean the Planning Commission and the Parks and Recreation Commission stand as advisory commissions. Councilmember Billings stated that it is his understanding that if any one body objects to it, the trees will not be taken down. Mayor Jorgenson stated that Mr. Knaak could research this and give advice on this item. Councilmember Billings asked Ms. Dacy if the trees needed to come down in October. Ms. Dacy stated that the concerns raised were that at night, the area is not well lit, and the trees create a closed area. Mayor Jorgenson stated that the leaves on the trees will fall off leaving it more visible on the property. Councilmember Billings stated that if the City Attorney disagrees with his understanding of the ordinance, this can be reconsidered at the next meeting. 34. INFORMAL STATUS REPORTS: Councilmember Wolfe stated that the meeting for the street improvement project will be on October 18. Mayor Jorgenson stated that it would be at 7:00 p.m. here at the Municipal Center. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 28 Councilmember Wolfe stated that it would be in Meeting Rooms 1 and 2 on the lower level. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE OCTOBER 9, 2000, CITY COUNCIL MEETING ADJOURNED AT 10:31 P.M. Respectfully submitted, Signe L. Johnson - Nancy J. Jorgenson Recording Secretary Mayor � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 23, 2000 QTY OF PRIDLEY Date: 10/ 18/00 �,% To: William W. Burns, City Manager �A�`o From: Barbaza Dacy, Community Development Director Re: Second Reading of an Ordinance Amending Appendix A of the O-5, Telecommunication District to Create an Approved Site, ZTA #00-02, Qwest Wireless LLC PLANNING COMMISSION ACTION The Planning Commission at its September 20, 2000 meeting unanimously recommended approval of ZTA #00-02 to create an"approved site" for telecommunications facilities. Qwest Wireless is proposing to locate a wireless antenna on top of a NSP pole in the Cheri Lane right of way, just north of Menards, subject to the following four stipulations: 1. The ground equipment shall be installed above grade with the vegetarion proposed in the landscaping plan, and the landscaping shall be maintained by the petitioner. 2. Ground equipment and the cylinder on top of the pole shall be colored brown to match the MnDOT equipment. 3. The petitioner shall submit a copy of the joint use agreement with NSP to the city prior to the installation of the service. 4. No additional antenna may be installed on the subject NSP pole, other than the two proposed in the application. RECOMMENDATION The City Council on October 9, 2000 approved the first reading of the attached ordinance based on the Planning Commission recommendation. Second and final reading is recommended. M-00-180 0 ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY ADDING AN APPROVED SITE TO CHAPTER 205 "ZONING", TELECOMMUNICATIONS TOWERS, SECTION 205.30, APPENDIX A. THE CITY COUNICL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1. Section 205.30 Telecommunications Towers and Facilities District, Appendix A, of the Fridley City Code is hereby amended as hereinafter indicated. Be and is hereby amended subject to stipulations adopted at the City Council meeting of October 23, 2000. Section 2. The following locations are zoned to and have been determined to be Approved Sites for the installation of Towers or Wireless Telecommunications Facilities. • Municipal Garage or Recycling Center • Community Park • Edgewater Park • Fridley Reservoir along Matterhorn Drive • Fridley Water Tower in Locke Park • Fridley Commons Water Tower on 61S` Avenue • Well #13 • Commons Park • Onan Corporation • AIITemp Storage • Agro-K • FMC Water Tower • Undeveloped City right-of-way south of 694 • Minneapolis Water Works • Minneapolis Water Works Pump Station • NSP pole in Cheri Lane riqht of wav PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF OCTOBER, 2000 ATf EST: DEBRA A. SKOGEN, CITY CLERK � NANCY J. JORGENSON, MAYOR Pubiic Hearing: First Reading: Second Reading: Published: October 9, 2000 October 9, 2000 October 23, 2000 �� � � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 Date: 10/1700 To: William Bums, City Manager :�,� � From:Paul Bolin, Planner Scott Hickok, Planning Coordinator Barbara Dacy, Community Development Director RE: Time Extension For VAR #99-18 M-00-178 INTRODUCTION Joseph Laconic, homeowner at 6644 Arthur Street, was granted VAR #99-18 on August 25, 1999, in order to decrease the required rear yard setback from 27.69' to 22.69' for the construction of an addition. Due to personal reasons, the addition has not been constructed. Mr. Laconic is requesting a one year extension on the variance. He plans to begin construction next spring. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council extend variance #99-18, until August 25, 2001. This additional time will allow the petitioner to construct the addition. 0 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 23, 2000 QIY OF FRIDLEY Date: 10/17/00 �� To: William Bums, City Manager�l ��. From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Final Plat Approval for P.S. #00-02 M-00-179 INTRODUCTION Brickner Builders have purchased the property currently addressed as 7440 Bacon Drive and have demolished the single family home and garage that once stood on the site. They have proposed a plat (MISTY ADDITION) that exceeds the minimum standards defined in the City's Subdivision Ordinance. Two lots are proposed, the first 94' wide and 12,530 s.f. The second lot will be 76' wide and 10,127 s.f. Preliminary plat approval was granted by the City Council on October 9, 2000. Since that time Mr. Brickner has worked to meet all of the requirements for final plat. All requirements have successfully been met. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve the final plat for P.S. 00-02, with 9 stipulations. 5 RESOLIITION N0. -2000 R$SOLUTION APPROVING A PLAT, P.S. #00-02(MISTY ADDITION), BY BRICKNFsR BIIILD$RS TO RBPLAT PROPBRTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF SINGL$ FAMILY HOMES, GENERALLY LOCATED AT 7440 BACON DRIVS WHEREAS, the Planning Commission held a public hearing on September 20, 2000, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for MISTY ADDITION at the October 9, 2000, meeting with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat MISTY ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for MISTY ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSFD AND ADOPTED BY THB CITY COUNCIL OF THE CITY OF FRIDL$Y THIS 23rd DAY OF OCTOBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK � NANCY J. JORGENSON - MAYOR Page 2- Resolution -2000 - MISTY ADDITION $XHIBIT A 9. Petitioner shall obfain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on sife shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to fhe surrounding properties. 4. Provide proof thaf any existing wells or individua! sewage treatment systems located on the site are properly capped or removed. 5. During construction, silf fencing shall be used where applicable. 6. Petitioner to pay $750 per !ot park fees prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All frees required fo be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Pefitioner shall provide a 12' drainage and utility easement along the westerly property line of proposed lots 1& 2. 7 EXHIBIT B See attached plat map in your packets of the MISTY ADDITION. : � � cmr oF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 October 19, 2000 William W. Burns, City Manager ��� Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Consider Resolution to Participate in Livable Communities Act Program for 2001 Staff recommends that the City Council adopt the attached resolution authorizing the City to participate for the fifith year in the Livable Communities Act Program. Participating in the program enables the City to access the regional grant funds administered by the Met Council. The City has been able to assist the Dealer's Manufacturing and the Onan/Murphy Warehouse projects using the Tax Base Revitalization Grant Program. Additional points are also awarded on federal funding applications, like transportation projects. It also helps with other funding applications through MHFA and various state agencies. Adoption of the resolution is recommended. M-00-183 0 RESOLUTION - 2000 A RESOLUTION ELECTING TO CONTINUE TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LNABLE COMMUNITIES ACT. CALENDAR YEAR 2001 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentives Account and the Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cieanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15�' of each year; and 10 WHEREAS, for calendar year 2001, a metropolitan area municipality that participated in the Local Housing Incentives Account Program during calendar year 2000, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by November, 15, 2000; and (b) the Metropolitan Council and the municipality have successfully negotiated afFordable and life-cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the City of Fridley hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2001. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE C1TY OF FRIDLEY THIS 23'� DAY OF OCTOBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 11 / � CRY OF FRIDLEY TO: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 WII.LIAM W. BURNS, CITY MANAGER �+�r!�� � i� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR JUDY M. MELHAM, UTILITY BILLING CLERK SUBJECT: DATE: CERTIF'ICATION OF DELINQUENT UTILITY SERVICES October 18, 2000 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with the taxes in the year 2001. All property owners have been notified that the utility bills aze being certified to the County and have been given adequate opporhanity to pay the bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. Due to the economy and other factors outside of the City's control, the number and dollaz value of accounts has decreased over last year; however, we cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoprion of the resolution to pay without penalty. RDP/me Attachment 12 RESOLUTION NO. - 2000 RESOLUTION CERTIFYING CERTAIN DELINQT.T�VT UTILITY SBRVICSS TO TSS COIINTY AUDITOR FOR COLLECTION OPITH TH8 2001 TAXSS WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Stozm Water Drainage Utility, and Section 1.02 of the City Charter provide for the certifying of delinquent charges to the County Auditor for collection with the taxes, NOW THEREFORE, BE IT RESOLVED that the City Clerk is hereby authorized and directed to certify the following charges to the County Auditor for collection with the 2000 taxes due and payable in the year 2001, to wit: All those noted in Exhibit "A," which is attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF OCTOBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 13 NANCY J. JORGENSON - MAYOR 2000 DELINQUENT UTILITY CERTIFICATION LIST - EXHIBIT A cmr oF Fw�r DELINQUENT U11LtTY SERVICES - 2000 PIN ACTNE ACCOUNTS: 26 30 24 33 0105 26 30 24 32 0079 26 30 24 32 0033 26 30 24 32 0032 23 30 24 23 0112 23 30 24 23 0081 26 30 24 32 0064 26 30 24 32 0049 26 30 24 32 0042 23 30 24 23 0104 23 30 24 22 0076 23 30 24 22 0096 23 30 24 22 0056 26 30 24 33 0081 26 30 24 32 0098 23 30 24 23 0133 23 30 24 23 0061 23 30 24 34 0053 23 30 24 34 0031 23 30 24 31 0075 23 30 2d 31 0055 23 30 2d 31 0055 23 30 24 31 0055 23 30 24 31 0052 23 30 24 31 0046 11 30 24 21 0026 23 30 2� 34 0016 23 30 24 31 0110 23 30 24 24 0008 23 30 24 21 0044 23 30 29 21 0040 14 30 2� 34 0076 14 30 24 34 0082 14 30 24 34 0016 11 30 24 21 0015 11 30 24 21 0010 23 30 24 33 0001 23 30 24 31 0020 23 30 24 31 0016 13 30 24 44 0051 15 30 2� 44 0010 15 30 24 44 0012 15 30 24 44 0013 15 30 24 44 0016 15 30 24 43 0032 15 30 24 43 0093 15 30 2� 43 0042 14 30 24 31 0027 13 30 24 34 0011 15 30 24 43 0023 15 30 24 42 0099 13 30 24 14 0017 14 30 24 24 0022 15 30 24 13 0024 14 30 24 24 0068 ACCT # LOCATION ADDRESS 1365 1715 1835 1855 109215 2025 465 595 645 715 865 895 1035 2515 2785 3555 113145 15155 15175 110015 97095 ]02195 104495 15455 112185 58075 104085 81785 87215 17045 17135 89335 106185 94215 58165 97195 103405 101035 17875 97685 94115 5005 82905 5065 4875 4885 4945 101765 23055 5265 95235 10�735 23495 5965 24595 444740 445080 445200 445220 445310 445390 443840 443970 444020 444090 444240 444270 444410 445860 446130 446870 446890 458390 458410 458590 458600 458620 458640 458680 458720 500790 459550 459630 460010 460260 460350 460450 460510 460570 500880 500930 447690 460990 461060 465'720 448280 448310 448320 448370 448180 448190 448250 465780 466140 448570 448940 466510 466570 449270 467670 4538 4744 4832 4844 5780 5810 4�24 4832 4861 5790 5910 5923 6012 4537 4710 5760 5800 5323 5330 5519 5600 5602 5606 5614 5641 7557 5410 5541 5908 6020 6061 6161 6221 6252 7526 7566 195 5608 5626 1621 11 30 40 80 131 140 180 415 1100 182 120 1621 361 81 491 2 1/2 ST NE 2 1/2 5T NE 2 1/2 ST NE 2 1/2 ST NE 2 1/2 ST NE 2 1/2 ST NE 2 ST NE 2 ST NE 2 ST NE 2 ST NE 2 ST NE 2 ST NE 2 ST NE 3 ST NE 3 ST NE 3 ST NE 3 ST NE 4 ST NE 4 ST NE 4STNE 4 ST NE 4 ST NE 4 ST NE 4STNE 4 ST NE 4 ST NE SSTNE SSTNE 5 ST NE 5 ST NE 5 ST NE 5 ST NE 5 ST NE 5 ST NE SSTNE 5 ST NE 53 AVE NE 6 ST NE 6STNE 61 AVE NE 62 1/2 WAY NE 62 1/2 WAY NE 62 1/2 WAY NE 62 1/2 WAY NE 62 WAY NE 62 WAY NE 62 WAY NE 63 AVE NE 63 AVE NE 63 WAY NE 64 1/2 WAY NE 661/2 AVE NE 66 AVE NE 66 WAY NE 67 AVE NE 14 BALANCE PENALTY S 155.34 S 421.93 301.72 357.92 280.06 337.78 284.89 179.61 501.33 201.45 318.84 771.66 179.61 544.01 123.33 926.46 275.28 226.16 542.53 187.58 477.13 791.88 331.66 400.41 136.92 423.01 830.14 383.69 389.86 369.88 1,232.86 190.90 346.75 328.87 451.69 204.69 255.18 365.67 564.97 525.96 230.64 508.72 31H.26 273.53 219.41 417.98 350.05 795.50 340.32 1,925.13 617.84 244.72 346.17 151.03 361.17 15.53 42.19 30.17 35.79 28.01 33.78 28.49 17.96 50.13 20.15 31.88 77.17 17.96 54.40 12.33 92.65 27.53 22.62 54.25 18.76 47.71 79.19 33.17 40.04 13.69 42.30 83.01 38.37 38.99 36.99 123.29 19.09 34.68 32.89 ' 45.17 20.47 25.52 36.57 56.50 52.60 23.06 50.87 31.83 27.35 21.94 41.80 35.01 79.55 34.03 192.51 61.78 24.47 34.62 15.10 36.12 S TOTAL 170.87 464.12 331.89 393.71 308.07 371.56 313.38 197.57 551.46 221.60 350.72 848.83 197.57 598.41 135.66 1,019.11 302.81 248.78 596.78 206.34 524.84 871.07 364.83 440.45 150.61 465.31 913.15 422.06 428.85 406.87 1,356.15 209.99 381.43 361.76 496.86 225.16 280.70 402.24 621.47 578.56 253.70 559.59 350.09 300.88 241.35 459.78 385.06 875.05 374.35 2,117.64 679.62 269.19 380.79 166.13 397.29 14 23 14 14 12 12 11 12 12 14 13 14 12 12 12 11 12 12 12 12 12 10 10 10 23 13 13 13 12 13 13 13 12 12 13 25 13 24 24 13 13 13 13 13 23 23 03 26 14 03 23 03 03 24 24 24 24 24 24 24 24 15 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 PIN 24 13 24 13 24 42 Z4 31 24 14 24 13 24 24 24 12 24 12 24 44 24 32 24 41 24 23 24 23 24 23 24 14 24 23 24 23 24 23 24 22 24 22 24 42 24 13 24 12 24 33 24 14 24 14 24 14 24 12 24 33 24 44 24 44 24 11 24 11 24 23 24 21 24 41 24 21 24 12 24 43 24 24 24 24 24 24 24 21 24 43 24 43 24 32 24 23 24 33 24 43 24 33 24 32 24 32 24 44 24 41 24 41 24 41 24 44 24 44 24 44 24 41 24 41 0027 0120 0042 0016 0060 0026 0074 0103 0104 0010 0049 0061 0018 0016 0016 0061 0014 0012 0011 0021 0018 0007 0039 0079 0097 0106 0068 0120 0051 0010 0048 0102 0114 0117 0035 0053 003� 0007 0077 0006 0018 0008 0041 0003 ' 0005 0044 0182 0092 0063 0034 0011 0020 0094 0041 0099 0098 0107 0253 0233 0191 0069 0071 ACCT # 24765 19105 110075 103675 107975 111515 109435 93655 60865 25345 92205 96865 114385 55555 106035 111545 111195 103135 114025 90165 116645 56095 92685 86485 6315 25775 25945 26505 57175 98925 27325 26875 57835 96345 36125 26595 101635 117485 91525 28905 29115 29185 85085 29595 29915 29965 61815 7055 7355 115485 7575 63035 90565 31245 101815 31435 31445 30455 110925 30715 89705 14555 LOCATION qppRESS 467840 565 67 AVE NE 462270 5741 7 ST NE 462950 6341 7 ST NE 462980 6360 7 ST NE 502280 1591 73 1/2 AVE NE 502480 1367 73 AVE NE 502690 360 74 AVE NE 503510 1401 76 AVE NE 503520 1409 76 AVE NE 468420 6270 ABI.E ST NE 468590 6351 ABLE ST NE 468630 6400 ABLE ST NE 498270 7379 ABLE ST NE 498340 7417 ABLE ST PiE 498350 7419 ABLE ST NE 498370 7430 ABLE ST NE 498410 7447 ABLE ST NE 498480 7479 ABLE ST NE 498510 7497 ABLE ST NE 498650 7555 ABLE ST NE 498730 7597 ABLE ST NE 498830 125 ALDEN CIIt NE 528840 7500 ALDEN WAY NE 498930 7524 ALDEN WAY NE 449620 5417 ALTURA RD NE 468850 6575 ANOKA ST NE 469020 6683 ANOKA ST NE 469580 6655 ARTHUR ST NE 499910 7689 BACON DR NE 4'78820 6278 BAKER AVE NE 470390 6131 BENJAMIN ST NE 469950 1546 BRIARDALE RD NE 500550 7614 BRIGADOON PL NE SU0600 7650 BRIGADOON PL NE 479090 6554 BROOKVIEW DR NE 469670 5201 BUCHANAN ST NE 471400 1670 CAMELOT LN NE 471820 6053 CENTRAL AVE NE 471900 6075 CEN1TtAL AVE NE 471960 6271 CEIVTRAL AVE NE 472170 6588 CENTRAL AVE NE 472240 6676 CENTRAL AVE NE 472380 6580 CHANNEL RD NE 472650 6801 CHANNEL RD NE 472970 536 CHERI CIR NE 473020 549 CHERI LN NE 504450 614 CHERYL ST NE 450340 5017 CLEARVIEW ST NE 450640 6271 COMET LN NE 505030 170 CRAIGBROOK WAY NE 450860 172 CROWN RD NE 505660 591 DOVER ST NE 505720 641 DOVER ST NE 474240 5508 EAST BAVARIAN PASS NE 474400 5525 EAST BAVARIAN PASS NE 474430 5529 EAST BAVARIAN PASS NE 474440 5530 EAST BAVARIAN PASS NE 473500 5417 EAST BRENNER PASS NE 473610 5439 EAST BRENNER PASS NE 473750 5471 EAST BRENNER PASS NE 474780 5531 EAST OBERLIN CIR NE 457800 6305 EAST RIVER RD NE 2 15 BALANCE 363.12 1,451.65 296.14 792.39 344.65 450.08 Z54.90 424.34 313.56 122.43 147.92 554.08 383.13 107.96 266.50 298.45 189.12 144.59 512.92 257.33 230.53 250.38 700.40 401.36 340.49 620.02 728.42 291.24 264.49 285.47 255.54 340.03 630.93 839.50 446.36 184.13 471.66 138.28 384.53 194.78 525.20 119.02 373.58 740.67 354.28 193.07 245.98 609.23 138.78 336.64 1,506.68 117.51 109.91 185.68 251.71 473.02 129.79 130.48 298.54 545.54 270.46 308.25 PENALTY 36.31 145.17 29.61 79.24 34.47 45.01 25.49 42.43 31.36 12.24 14.79 55.41 38.31 10.80 26.65 29.85 18.91 14.46 51.29 25.73 23.05 25.04 70.04 40.14 34.05 62.00 72.84 29.12 26.45 28.55 25.55 34.00 63.09 83.95 44.64 18.41 47.17 13.83 38.45 19.48 52.52 11.90 37.36 74.07 35.43 19.31 Z4.60 60.92 13.88 33.66 150.67 11.75 10.99 18.57 25.17 47.30 12.98 13.05 29.85 54.55 27.05 30.83 TOTAL 399.43 1,596.82 325.75 871.63 379.12 495.09 280.39 466.77 344.92 134.67 162.71 609.49 421.44 118.76 293.15 328.30 208.03 159.05 564.21 283.06 253.58 275.42 770.44 441.50 374.54 682.02 801.26 320.36 290.94 314.02 281.09 374.03 694.02 923.45 491.00 202.54 518.83 152.11 422.98 214Z6 577.72 130.92 410.94 514.74 389.71 212.38 270.58 670.15 152.66 370.30 1,657.35 129.26 120.90 204.25 276.88 52032 142.77 143.53 328.39 600.09 297.51 339.08 10 10 10 10 03 03 03 03 03 03 03 24 24 24 24 03 03 13 13 13 24 03 03 03 24 24 15 24 24 24 24 12 12 12 10 10 15 15 12 24 24 23 26 26 26 03 03 03 03 03 03 23 14 11 11 03 03 14 14 14 14 14 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 PIN 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 14 14 11 11 22 44 42 24 24 23 23 11 11 33 32 43 43 14 14 14 24 23 23 23 23 24 12 32 32 31 31 13 13 13 44 44 12 12 21 12 12 33 23 22 22 24 23 23 23 13 24 14 14 14 11 23 23 12 33 32 11 14 0004 0010 0013 0011 0083 0071 0093 0033 0021 0089 0198 0064 0085 0014 0068 0015 0012 0060 0059 0049 0023 0075 0170 0203 0015 0056 0056 0061 0058 0043 0046 0024 0027 0057 0019 0041 0022 0019 0026 0040 0062 0065 0121 0073 0055 0079 0044 0153 0154 0005 0002 0064 0111 0008 0023 0120 0122 0053 0077 0013 0017 0103 ACCT 116695 63745 63825 119115 111635 94045 104015 100795 65315 65425 65595 32125 105965 32355 90985 65885 111615 32615 104895 32655 32895 66385 66495 106065 33855 33625 66845 34175 34195 83245 96825 112825 103185 67045 159'75 105795 109575 111805 112995 35125 92345 8455 109955 104645 8645 68265 113325 111845 97225 68745 68915 36565 36905 69615 104405 70185 70235 89525 8915 8965 37695 101885 LOCATION ADDRESS 506330 7315 EAST RIVER RD NE 506370 7356 EASI' RIVER RD NE 506450 7513 EAST RIVER RD NE 506470 7525 EAST RIVER RD NE 506930 8340 EAST RIVER RD NE 506970 7751 ELM Sl' NE 507250 238 ELY ST NE 507840 8087 FAIRMONT CIR NE 507910 8112 FAIRMONT CIR NE 508020 531 FAIItMONT ST NE 508180 615 FAII2MONT ST NE 475110 1522 FERNDALE AVE NE 475160 1567 FERNDALE AVE NE 475340 5300 FILLMORE ST NE 475390 5562 FILL.MORE ST NE 508460 7843 FIRWOOD WAY NE 508520 7865 FIRWOOD WAY NE 475600 6600 FR[DLEY ST NE 475630 6616 FRIDL.EY ST NE 475640 6631 FRIDLEY ST NE 475880 1243 GARDENA AVE NE 508930 565 GLENCOE ST NE 509040 629 GLENCOE ST NE 509100 680 GLENCOE ST NE 476840 5802 HACKMANN AVE NE 476610 1008 HACKMANN CIR NE 509390 173 HARTMAN CIR NE 477160 940 HATHAWAY LN lVE 477180 960 HATHAWAY LN NE 477300 1030 HATHAWAY LN NE 477450 1181 HATHAWAY LN NE 509460 7300 HAYES ST NE 509500 7343 HAYES ST NE 509590 7458 HAYES ST NE 510250 7053 HICKORY DR NE 510300 7076 HICKORY DR NE 509760 6807 HICKORY ST NE 509810 6817 HICKORY ST NE 547270 7651 HIGHWAY 65 NE 478110 1340 HILLCREST DR NE 478270 1359 HILLCREST DR NE 451730 5445 HORIZON DR NE 451890 5048 Hi1GHES AVE NE 451910 5060 HUGHES AVE NE 451920 5061 HUGHES AVE NE 510800 420 HUGO ST NE 510880 517 HUGO ST NE 511150 657 HUGO ST NE 511170 663 HUGO ST NE 511270 265 IRONTON ST NE 511440 377 IRONTON ST NE 479530 5725 JACKSON ST NE 479860 6631 JACKSON ST NE 512130 7441 JACKSON ST NE 512420 7678 JACKSON ST NE 512690 641 JANESVILLE ST NE 512740 679 JANESVILLE ST NE 480490 6821 JEFFERSON ST NE 452190 6220 JUPITER RD NE 452240 6270 NPITER RD NE 480650 800 KENNASTON DR NE 480760 6700 KENNASTON DR NE 3 16 BALANCE 234.73 170.55 632.26 126.75 388.30 281.57 301.25 500.45 103.48 264.35 295.75 362.03 485.97 350.33 151.43 176.60 204.21 1,380.84 520.61 1,449.54 1,221.43 839.93 270.88 433.66 227.14 308.33 439.79 305.23 510.87 241.90 562.87 360.03 454.36 400.69 235.88 268.23 191.02 440.82 3,590.30 445.73 223.42 618.23 263.81 1,005.70 335.15 280.41 380.02 210.39 181.65 628.98 302.55 283.44 342.80 339.75 106.36 463.76 378.01 457.29 629.68 271.78 169.00 295.43 PENALTY 23.47 17.06 63.23 12.68 38.83 28.16 30.13 50.05 10.35 26.44 29.58 36.20 48.60 35.03 15.14 1�.66 20.42 138.08 52.06 144.95 122.14 83.99 27.09 43.37 22.71 30.83 43.98 30.52 51.09 24.19 56.29 36.00 45.44 40.07 23.59 26.82 19.10 44.08 359.03 44.57 22.34 61.82 26.38 100.57 33.52 28.04 38.00 21.04 18.17 62.90 30Z6 28.34 34.28 33.98 10.64 46.38 37.80 45.73 62.97 27.18 16.90 29.54 TOTAL 258Z0 187.61 695.49 139.43 427.13 309.73 331.38 550.50 113.83 290.79 325.33 398.23 534.57 385.36 166.57 194.26 224.63 1,518.92 572.67 1,594.49 1,343.57 923.92 297.97 477.03 249.85 339.16 483.77 335.75 561.96 266.09 619.16 396.03 499.80 440.76 259.47 295.05 210.12 484.90 3,949.33 490.30 245.76 680.05 290.19 1,106.27 368.67 308.45 418.02 231.43 199.82 691.88 332.81 311.78 377.08 373.73 117.00 510.14 415.81 503.02 692.65 298.96 185.90 324.97 12 03 25 10 03 03 03 03 03 03 13 24 24 11 23 14 27 26 26 14 14 02 23 24 13 12 12 12 24 24 11 11 11 11 11 11 14 14 14 14 14 13 13 13 13 23 14 14 14 24 24 24 13 13 13 13 12 12 12 10 10 14 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 PIN 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 11 31 21 42 42 42 42 31 31 31 24 32 31 12 13 12 44 33 32 23 23 33 14 42 14 14 14 12 41 41 13 13 13 14 13 13 32 32 24 42 41 13 13 ia 41 13 42 41 11 41 41 41 11 11 11 11 14 22 11 14 14 14 0102 0115 0115 0033 0034 0073 0167 0050 0126 0131 0026 0040 0025 0021 0073 0100 0011 0122 0070 0099 0026 0019 0046 0051 0041 0033 0056 0068 0060 0053 0048 0105 0095 0038 0090 0092 0033 0023 0002 0125 0115 0021 0006 oosa 0083 0036 0089 0029 0034 0198 0015 0039 0099 0104 0094 0108 0036 0013 0079 0028 0023 0086 ACCT # 70935 119125 38385 97235 90815 94075 71825 71965 72015 72055 93645 38935 38985 72465 39585 40095 8985 9045 84065 114205 9735 88395 88215 40585 39445 72725 90635 118235 42355 42425 108035 92125 103215 114545 91865 116875 9815 9825 85175 41145 41405 41875 101075 91025 42135 103835 84855 117355 110515 100455 114215 84625 74335 115085 74445 102575 111985 75665 109605 100615 75455 89005 LOCATION ADDRESS 513430 7590 LAKESIDE RD iVE 513870 301 LIBERTY SI' NE 481330 5197 LINCOLN ST NE 514040 116 LOGAN PKWY NE 514270 176 [.ONGFELLOW ST NE 514320 201 LONGFELLOW ST NE 514390 260 LONGFELLOW ST NE 514460 301 LONGFELLOW ST NE 514510 386 LONGFELLOW ST NE 514550 410 LONGFELLOW ST NE 481690 6645 LUCIA LN NE 481880 1070 LYNDE DR NE 481930 1110 LYNDE DR NE 514950 7501 LYRIC LN NE 482530 5720 MADISON ST NE 483040 6881 MADISON ST NE 452260 4500 MAIN ST NE 452320 4551 MAIN ST NE 452450 4709 MAIN ST NE 452980 6661 MAIN ST NE 453010 6721 MAIN ST NE 515470 7765 MAIN ST NE 483160 700 MARIGOLD TER NE 483530 5500 MATI'ERHORN DR NE 482390 6640 MCIQIYLEY ST NE 515210 7454 MCIQIYI.EY ST NE 515240 7473 MCIQIYLEY ST NE 515700 1413 MEADOWMOOR DR NE 485290 5550 MEISTER RD NE 485360 5578 MELSTER RD NE 516480 7420 MELODY DR NE 516520 7432 MELODY DR NE 515960 7369 MEMORY LN NE 516030 7379 MEMORY LN NE 516090 7386 MEMORY LN NE 516130 7390 MEMORY LN NE 453090 222 NIERCURY DR NE 453100 231 MERCURY DR NE 484040 465 MISSISSIPPI ST NE 484090 506 MISSISSIPPI ST NE 484350 772 MISSISSIPPI ST NE 484810 1361 MISSISSIPPIST NE 484920 1465 MISSISSIPPI ST NE 484960 1501 MISSISSIPPI ST NE 485070 1668 MISSISSIPPI ST NE 485470 5880 MONROE ST NE 485620 6370 MONROE ST NE 485650 6381 MONROE ST NE 485880 6830 MOIYROE ST NE 486500 1513 NORTH INNSBRUCK DR NE 486670 1539 NORTII OBERLIN CIR NE 486700 1546 NORTH OBERLIN CIR NE 516790 1501 NORTH TIlVIBER RIDGE NE 516880 1518 NORTH TIMBER RIDGE NE 516890 1521 NORTH TIMBER RIDGE NE 516950 1534 NORTH TIII�IBER RIDGE NE 517620 1621 ONONDAGA ST NE 518100 940 OSBORNE RD NE 518270 1500 OSBORNE RD NE 517850 30 OSBORNE WAY NE 517890 51 OSBORNE WAY NE 487560 6735 OVERTON DR NE 4 17 BALANCE 246.68 114.67 945.39 503.16 147.96 251.48 266.87 156.21 281.61 1,633.20 470.46 1,167.18 436.31 360.54 298.91 450.32 1,574.29 214.30 357.99 884.25 339.94 404.63 115.44 1,752.70 375.95 168.11 635.56 184.97 493.41 486.31 214.17 345.61 367.32 126.01 220.96 117.82 636.27 379.48 202.31 445.22 278.35 608.30 320.99 125.16 134.60 171.51 168.73 215.82 845.20 535.49 265.15 218.37 425.38 347.25 250.38 183.73 113.76 198.96 595.80 140.51 373.02 174.16 PENALTY 24.67 11.47 94.54 50.32 14.80 25.15 26.69 15.62 28.16 163.32 47.05 116.72 43.63 36.05 29.89 45.03 157.43 21.43 35.80 88.43 33.99 40.46 11.54 175.27 37.60 16.81 63.56 18.50 49.34 48.63 21.42 34.56 36.73 12.60 22.10 1t.78 63.63 37.95 20.23 44.52 27.84 60.83 32.10 12.52 13.46 17.15 16.87 21.58 84.52 53.55 26.52 21.84 42.54 34.73 25.04 18.37 11.38 19.90 59.58 14.05 37.30 17.42 TOTAL 271.35 126.14 1,039.93 553.48 162.76 276.63 293.56 171.83 309.77 1,796.52 517.51 1,283.90 479.94 396.59 328.80 495.35 1,731.72 235.73 393.79 972.68 373.93 445.09 126.98 1,927.97 413.55 184.92 699.12 203.47 542.75 534.94 235.59 380.17 404.05 138.61 Z43.06 129.60 699.90 417.43 222.54 489.74 306.19 669.13 353.09 137.68 148.06 188.66 185.60 23�.40 929.72 589.04 291.67 240.21 467.92 382.01 275.42 202.10 125.14 218.86 655.38 154.56 410.32 191.58 13 03 13 26 14 02 24 24 14 13 13 14 14 13 15 10 10 15 15 15 10 IS 15 24 24 13 13 12 12 15 10 25 11 11 11 11 24 IS 15 23 14 14 14 14 11 11 11 11 02 02 11 11 11 23 24 24 24 13 24 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 PIN 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 22 34 31 23 41 32 31 31 21 44 41 12 12 22 14 12 12 43 42 42 42 41 41 34 44 11 14 14 14 41 13 22 23 12 12 11 41 44 44 Z1 34 34 34 34 24 24 24 24 33 33 14 14 11 33 44 43 43 44 12 0057 0018 0040 0043 0015 0019 0093 0061 0040 0007 0006 0077 0074 0015 0008 0031 0011 0069 0086 0079 0042 0048 0085 0043 0079 0122 0028 0012 0050 0052 0020 0028 0140 0044 0033 0041 0176 0045 0074 0111 0004 0004 0004 0004 0091 0095 0096 0137 0002 0002 0080 0081 0079 0040 0175 0046 0018 0016 0063 ACCT # 99515 106125 45125 10455 105215 99285 46455 90095 95085 116315 47085 99405 47895 48455 12195 76875 97985 111425 11645 11655 112025 12455 90015 49165 104045 79355 49535 77755 102895 113t15 78555 90105 78765 79055 79145 79285 109065 13855 13975 51365 51415 51425 51435 51455 112065 103585 118025 115155 104475 104485 80565 86445 86455 14125 117395 54345 54065 55285 107885 LOCATION AppRESS 488510 910 PANDORA DR NE 518530 7865 PEARSON WAY NE 488010 6436 PIERCE ST NE 453730 173 PILOT AVE NE 489020 6350 QUINCY ST NE 517780 8010 RANCHERS RD NE 489340 5650 REGIS DR NE 489540 5603 REGIS TRAII. NE 518950 424 RICE CREEK BLVD NE 489760 1520 RICE CREEK RD NE 489960 1631 RICE CREEK RD NE 490710 600 RICE CTtEEK TER NE 490770 612 RICE CREEK TER NE 491330 1062 RICE CREEK TEIi NE 455470 58 R[CE CREEK WAY NE 519300 116 RICKARD RD NE 519410 171 RICKARD RD NE 454260 100 RIVER EDGE WAY NE 454920 6440 RIVERVIEW 1'ER NE 454930 6441 RIVERVIEW TER NE 519550 7157 RIVERV�W TER NE 455730 114 SA'�'FT.i•1'TF' LNNE 455740 115 SATELLITE LN NE 492040 1390 SKYWOOD LN NE 491670 1585 SOUTH BAVARIAN PASS NE SZ1730 1512 SOUTH TIlVIBER RIDGE NE 492410 6530 STINSON BLVD NE 520150 7340 STINSON BLVD NE 520180 7400 STINSON BLVD NE 456610 101 SYLVAN LN NE 520940 170 TALMADGE WAY NE 492890 5235 TAYLOR ST NE 521150 7381 TEMPO TER NE 521430 7519 TElVIPO TER NE 521520 7534 TEMPO 1'ER lYE 521660 7551 1'EMPO TER NE 493160 1517 TRAPP CI' NE 457100 6170 TRIlYITY DR NE 457220 6240 TRIPiITY DR NE 494220 6061 [INIVERSIT'Y AVE NE 494270 6205 iJ1YIVERSITY AVE NE 494280 6215 LJIYIVERSiTY AVE NE 494290 6225 UNNERSITY AVE NE 494310 6243 UMVERSITY AVE NE 522040 7323 UMVERSTTY AVE NE 522130 7373 LJIYIVERSTTY AVE NE 522160 7387 UNNERSITY AVE NE 522190 7399 [JIVIVERSTI'Y AVE NE 522480 7820 UNIVERSITY AVE NE 522490 7876 iJ1VIVERSITY AVE NE 522930 7411 VAN BUREN ST NE 522950 7421 VAN BUREN ST NE 523090 7527 VAN BUREN ST NE 457370 126 VENTURA AVE NE 497440 5405 WEST BRENNER PASS NE 497170 1418 WEST DANUBE RD NE 496900 1485 WINDEMERE DR NE 498090 1629 WOODSIDE CT NE 497810 6083 WOODY LN NE Sub Total Active Accounts 5 � BALANCE 11Z.88 366.74 1,358.37 227.60 1,268.08 1,097.35 572.61 142.17 618.91 189.31 315.75 306.35 133.53 194.52 903.43 452.41 255.88 312.81 561.78 424.83 183.10 777.02 661.99 383.42 142.59 169.60 970.6Z 406.05 796.76 150.50 251.48 1,514.67 548.40 261.42 477.04 449.18 639.15 550.79 175.59 202.38 153.81 591.85 980.30 152.48 140.11 115.42 136.32 388.15 2,557.69 865.56 1,624.28 302.41 211.20 275.44 174.50 1,703.54 1,212.54 514.37 273.82 PENALTY 11.29 36.67 135.84 22.76 126.81 109.74 57.26 14.22 61.89 18.93 31.58 30.64 13.35 19.45 90.34 45.24 25.59 31.28 56.18 42.48 18.31 77.70 66.20 38.34 14.26 16.96 97.06 40.61 79.68 15.05 25.15 151.47 54.84 26.14 47.70 44.92 63.92 55.08 17.56 20.24 15.38 59.19 98.03 15.25 14.01 11.54 13.63 38.82 255.7'7 86.56 162.43 30.24 21.12 27.54 17.45 170.35 121.25 51.44 27.38 TOTAL 124.17 403.41 1,494.21 250.36 1,394.89 1,207.09 629.87 156.39 680.80 208.24 347.33 336.99 146.88 213.97 993.77 497.65 281.47 344.09 617.96 467.31 201.41 854.72 728.19 421.76 156.85 186.56 1,067.68 446.66 876.44 165.55 276.63 1,666.14 603.24 287.56 524.74 494.10 ?03.07 605.87 193.15 222.62 169.19 651.04 1,078.33 167.73 154.12 126.96 149.95 426.97 2,813.46 952.12 1,786.71 332.65 232.32 302.98 191.95 1,873.89 1,333.79 565.81 301.20 $ 132,521.07 S 13,252.24 $ 145,773.31 PIN ACCT # LOCATION ADDRESS FINAL BILLED ACCOUNTS: 23 30 24 22 0088 26 30 24 23 0080 14 30 24 34 0083 23 30 24 43 0059 23 30 24 44 0005 23 30 24 44 0005 15 30 24 41 0092 13 30 24 23 0050 12 30 24 23 0013 24 30 24 21 0007 12 30 24 12 0077 13 30 24 24 0046 03 30 24 24 0107 14 30 24 11 0002 03 30 24 22 0068 24 30 24 42 0043 12 30 24 31 0045 14 30 24 22 0058 15 30 24 42 0107 13 30 24 11 0123 11 30 24 24 0096 11 30 24 24 0096 02 30 24 32 0006 11 30 24 14 0078 87885 110195 106195 20865 86595 86605 116425 110155 100'765 95205 104225 118505 109485 111575 93595 40745 109595 27465 113095 112055 108065 89235 114195 108075 445600 446590 460520 4639'10 464030 464050 529500 468350 498460 471820 529230 472290 510780 480750 513100 483690 517100 518650 454970 521750 522150 522160 522510 522890 5924 2 1/2 ST NE 5045 3 ST NE 6231 5 ST NE 571 53 AVE NE 769 53 AVE NE (A) 769 53 AVE NE (B) 53 63 1/2 WAY NE 1020 68 AVE NE 7465 ABLE ST NE 6053 CENfRAL AVE NE 7639 CENTRAL AVE NE 6500 CHANNEL RD NE 381 HUGO ST NE 861 KENNASTON DR NE 551 LAFAYEI'I'E ST NE 5624 MATI'ERHORN DR NE 1241 NORTON AVE NE 226 RICE CREEK BLVD NE 6471 RIVERVIEW TER NE 1516 SOUTH T�IBER RIDGE NE 7385 UIVIVERSITY AVE NE 7387 fJNIVERSITY AVE NE 7910 UNIVERSITY AVE NE 7389 VAN BUREN ST NE $ BALANCE PENALTY TOTAL 123.67 S 109.55 27.86 51.58 191.73 117.12 188.22 489.53 45.72 57.68 175.14 63.42 93.69 438.70 31.70 81.18 96.04 183.70 138.75 130.03 78.81 52.17 652.05 82.45 12.37 S 10.96 2.79 5.16 19.17 11.71 18.82 48.95 4.57 5.77 17.51 6.34 9.3� 43.87 3.17 8.12 9.60 18.37 13.88 13.00 7.88 5.22 65.21 8.25 136.04 120.51 30.65 56.74 210.90 128.83 207.04 538.48 50.29 63.45 192.65 69.76 103.06 482.57 34.87 89.30 105.64 202.07 152.63 143.03 86.69 57.39 717.26 90.70 Sub Total Final Billed Accounts S 3,700.49 S 370.06 S 4,070.55 Grand Total Actives & Finals S 136,221.56 S 13,622.30 S 149,843.86 6 19 � � C:RY OF FRIDLEY ��� FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 b�J� WILLIAM W. BURNS, CITY MANAGER,� RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESCIND RIVERVIEW HEIGHTS SPECIAL ASSESSMENT DEFERRAL DATE: October 10, 2000 On August 14, 2000 the City Council approved a special assessment deferral for Marie Streich of 8295 Broad Avenue. The deferral was for the Riverview Heights Area Improvement Assessment. Ms. Streich's property was assessed $1,000 for this improvement. On August 25, 2000 Ms. Streich signed a statement saying she no longer wished to have the assessment deferred but would rather have it assessed to her property t�es. We recommend that Council make a motion to rescind the deferral of the Riverview Heights Assessment for Marie Streich's properry at 8295 Broad Avenue (PIN# 03-30-24-23-0011). 20 r a GTY OF FRIDLEY Name Chad Janezich AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 Position Lead Liquor Store Clerk Non-exempt Paul Accountant Eisenmenger Exempt Appointments Starting Saiary $10.94 per hour $39,332.80 pe� year 21 Starting Date Replaces Oct.9, Jane 2000 Oster Oct.30, Juliana 2000 Vogel f AGENDA ITEM � COUNCIL MEETING OF OCTOBER 23, 2000 cmr oF FRIDLEY CLAIMS 95930 - 96 � 50 2z r � CIT'Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 LICENSES Type of License• � TAXICAB LICENSE Five Star Ahmed Farah 12 E. Franklin Ave #590 Minneapolis, MN 55404 TOBACCO LICENSE Discount Tobacco Bilal Haidari 315 Osborne Rd NE Fridley, MN 55432 EXCAVATING Meyer Contracting Inc 19145 Vassar St Forest Lake MN 55025 LeRoy Meyer GAS SERVICES Advantage Air Inc 325 130 St W Shakopee MN 55379 Kent Hoffman Marsh Heating & Air Cond 6248 Lakeland Ave N Brooklyn Park MN 55428 Kelly Marsh GENERAL CONTRACTOR-COMMERCIAL Cobra Construction Inc 4742 Banning Ave White Bear Lake MN 55110 Dave Pary Damont Inc 1638 Co Rd 10 NE Spring Lake Park MN 55432 Dave Monte Ives Enterprises Inc 2945 140 Ave Ham Lake MN 55304 Dennis Boisvert Suburban Air 8419 Center Dr Spring Lake Park MN 55432 Mark Sims � 23 Approved By: Police Department Police Department Fire Department Community Development RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same Fees: $450.00 $125.00 LICENSES - OCTOBER 23, Z000 Type of License: � Approved By: GENERAL CONTRACTOR-RESIDENTIAL Abbacare LLC (20122698) 7091 Carey Lane Maple Grove MN 55369 Lawrence Nelson STATE OF MINN All Ways Decks (20003805) 310 Wexfor Heights Dr New Brighton MN 55112 Jeff Schneider Same BEI Exterior Maintenance Corp (20241131) 405 W 60 St Minneapolis MN 55419 David Burris Don's Weatherout Assoc Inc (9155) 2808 W 72 Street Richfield MN 55423 Donald Mohs Hermanson Murray Contractor (20057620) 1201 Lombardy Dr NE Ham Lake MN 55304 Murray Hermanson Jackson Tom Construction (20192858) 2066 Cornell Dr Mounds View MN 55117 Tom Jackson Kufus B & Company (7730) 4155 Oakcrest Dr Vadnais Heights MN 55127 Bryan Kufus L & L Builders LLC (20175229) 5125StNE St Cloud MN 56304 Lundy & Company (7555) 6561 Fawn Lake Dr NE Stacy MN 55079 David Lopez Larry Lundy Sierra Homes Inc (5126) 2735 196 Ave NE Cedar MN 55011 Tim Kelly Window Star Home Improvements (20228319) 12322 Business Park Blvd Champlin MN 55316 Pat Hoy 24 Same Same Same Same Same Same Same Same Same Fees: Type of License: HEATING Advantage Air Inc 325 130 St W Shakopee MN 55379 Don's Service of Golden Valley 1800 Hampshire Ln Golden Valley MN 55427 Marsh Heating 8� Air Cond 6248 Lakeland Ave N Brooklyn Park MN 55428 PLUMBING Ro-So Contracting Inc 7137 20 Ave Centerville MN 55038 LICENSES - OCTOBER 23, 2000 � Kent Hoffman Daniel Gipe Kelly Marsh Henry DaBrezz 25 Approved By: RON JULKOWSKI Building Official Same Same STATE OF MINN Fees: � � CITY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF OCTOBER 23, 2000 Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Attorney for the Month of July, 2000 ................................................................... W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 2000 Street Improvement Project No. ST. 2000-1 FINAL ESTIMATE ......................................................... W.B. Miller, Inc. 6701 Norris Lake Road N. W. Elk River, MN 55330 .................. $ 16,928.00 ............ $ 35,254.06 Rice Creek Boulevard East Watermain Repair Project No. 334 EstimateNo. 1 .................................................................................... $ 30,309.51 Lametti & Sons, Inc. 16028 Forest Blvd. N. Hugo, MN 55038 Sanitary and Storm Sewer Lining Project No. 329 EstimateNo. 1 ......................................................... Ron Kassa Construction 6005 — 250�' Street East Elko, MN 55020 .................... $ 51,926.05 2000 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 330 EstimateNo. 6 .................................................................................... $ 8,443.79 26 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DMSION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c% William W. Burns, City Managez 6431 University Avenue N.E. Fridley, MN 55432 Council Members: October 23, 2000 CERTIFICATE OF Tf� ENGINEER We hereby submit the Fina1 Estimate for 2000 Street Improvement Project No. ST 2000-1, for W. B. Miller, Inc., 6701 Norris Lake Rd, Elk River, MN 55330. We have viewed the work under contract for the construction of 2000 Street Improvement Project No. ST 2000 - 1 and find that the same is substanrially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on October 20, 2000. Respectfully submitted, .�' �� ohn G. Flora D'uector of Public Works JT:cz Prepared by Checked by 27 October 23, 2000 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 2000 STREET II1�iPROVEMENT PROJEGT NO. ST. 2000 -1 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should raceive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIl�fATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being October 20, 2000: n Thompson, Constructi Inspector � r � �, ontrac or Representative, (Title) ���� October 23, 2000 City of Fridley 2000 STREET Il�IPROVEMENT PROJEGT NO. ST. 2000 -1 CERTIF'ICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have beenactually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is 5705,081.15 and the final payment of S35,Z54.06 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other woric down by the contractor under this project. I declaze under the penalties of perjury that this statement is just and correc� W. B. MII�I.ER, INC. Gre ry olm, Project Coordinator 29 October 23, 2000 City of Fridley 2000 STREET IlIlI�IIPROVEMENT PROJECT NO. ST. 2000 -1 PREVAII,ING WAGE VERIFICATION This is to certify that W. B. Miller, Inc. has abided by the Prevailing Wage Provisions as specified by the Miiuiesota Departnient of Labor and Industry for Anoka County. I declare under the penalties of perjury that tlus statement is just and correc� W. B. MII.LER, INC. Gregory , ject Coordinator - 30 FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridiey 6431 University Ave, NE Fridley, MN 55432 Dated: October 23, 2000 CITY OF FRIDLEY PUBLIC WORKS OEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRID�EY, MINNESOTA 55432 Estimate No. FINAL Period Ending: October 20, 2000 FOR: WB Miiler, Inc 6701 NoRis Lake Rd Elk River MN 55330 2000 STREET IMPROVEMENT PROJECT PROJECT NO. ST. 2000-1 Job Code: 559-2000-415-4530-2001 STATEMENT OF WORK �..-,. , x> :r_,_: � �;:,��": e'� ■ �R . ��i('_ t.}' ' � Mobilization 1 LS 16,000.00 0.00 0.00 1.00 16,000.00 Traffic Control 1 LS 3,600.00 0.00 0.00 1.00 3,600.00 Remove concrete curb & gutte� 325 LF 6.20 0.00 0.00 777.00 4,817.40 Remove bituminous pavement 8 curb 29,128 SY 2.05 0.00 0.00 29,128.00 59,712.40 Remove catch basin manhole 5 Each 26.00 0.00 0.00 2.00 52.00 Saw cut bituminous pavement 2,300 LF 2.60 0.00 0.00 2,030.00 5,278.00 Miil bituminous surface 271 SY 10.30 0.00 0.00 271.00 2,791.30 Common excavation 9,478 CY 7.25 0.00 0.00 9,478.00 68,715.50 Aggregate base - Class 5 10,702 Ton 0.10 0.00 0.00 10,707.00 1,070.70 Type 41A Wearing Course mix(with oil) 2,566 Ton 31.50 0.00 0.00 2,942.00 92,673.00 Type 31 Binder course (with oii) 3,702 Ton 30.00 0.00 0.00 4,122.00 123,660.00 Bituminous mixtu�e for tacfc coat 2,325 Gal 1.00 0.00 0.00 1,435.00 1,435.00 Concrete curb-gutter design B618 16,155 LF 6.60 0.00 0.00 16,442.00 108,51720 Granular Borrow 950 CY 1.05 0.00 0.00 700.00 735.00 Subgrade Prep 89 Rd Sta 105.00 0.00 0.00 89.00 9,345.00 7 in conccrete valley gutter 60 lF 10.50 0.00 0.00 60.00 630.00 Sawed amd Seal Joints 7,830 LF 1.25 0.00 0.00 8,855.00 11,068.75 Concrete Walk 480 SF 2.50 0.00 0.00 324.00 810.00 Bituminous driveway remove 8� replace 760 SY 14.00 0.00 0.00 580.00 8,120.00 Concrete driveway remove 8� replace 444 SY 32.75 0.00 0.00 528.00 17,292.00 12 inch RCP sewer, class ill 61 LF 36.00 0.00 0.00 106.00 3,816.00 Fumish 8� install catch basin casting 29 Each 275.00 0.00 0.00 38.00 10,450.00 Construct Manhole 4 Each 1,225.00 0.00 0.00 0.00 0.00 Fumish 8� install manhole casting 29 Each 190.00 0.00 0.00 52.00 9,880.00 Construct catch basin 8 Each 725.00 0.00 0.00 18.00 13,050.00 Storm sewer catch basin connection 8 Each 350.00 0.00 0.00 18.00 6,300.00 31 WE. B. Milier, Inc. 2000 Street improvement Project No. ST. 2000 - 1 Estimate No. Final . , o�\'..:.•:...; � _,�w'��.r..: r•..ar � �a�x�:�....�. . n�t ,'..�?' �3� i .. � �t_� � � ..plc; `.� n�-.��', - '.,;�';,. � ::R? Contract item' �• Salvage Hydrant $ Valve assembly ', Install Hydrant & Valve Assembly Adjust frame, ring 8� casting Adjust valve box Class 5 graduation test Class 5 iproctor test Class 5-in-place density test Concrete cylinder test (set of 3) Subgrade Density Test Select Top Soil bo�row (LV) Landscape Repair Sod, type lawn Erosion control wood fiber blanket CaU Remove and reclaim 1-1/Z bit pave Type 41A Wear Course Adjust Frame and Wng Casting Bituminous Materialfor Tadc Coat Adjust Gate Valve Box Mill Bituminous Surface Saw and Seal Joints Connect to exisHng sanitary sewer 6-in PVC service pipe 6-in Cleanout 20 in x 4 in wet-tap 4-in DIP Build MH over 30in RCP/CST 12-in RCP 12 in x 6 in Wet-Tap IRelocate existing hydrant on cul-de-sac Change order No. 3 Ditch seeding, fertilizing, mulc and disc SUBTOTAL TOTAL 3 Each 3 Each 40 Each 20 Each 5 Each 5 Each 5 Each 7 Each 5 Each 1,900 CY 1 LS 17,836 SY 300 SY 1,600 SY 1,066 Ton 18 Each 500 Gal 20 Each 150 SY 1,700 LF 1 Each 78 LF 1 Each 1 Each 48 LF 1 Each 100 LF 1 Each �;i'"�_. q� " !tUnl� � -:7 'Prlce 725.00 875.00 205.00 185.00 80.00 90.00 45.00 260.00 45.00 1.05 2,075.00 2.60 3.10 � 3.10 31.50 205.00 1.00 185.00 15.50 1.25 1,285.00 14.10 75.00 1,595.00 25.00 2,300.00 23.00 1,345.00 � '� �ate . : 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 LS 5,400.00 0.00 1 l.S 1,650.00 0.00 32 .r. ' : iate :: Total 0.00 3.00 0.00 3.00 0.00 59.00 0.00 25.00 0.00 1.00 0.00 1.00 0.00 1.00 , 0.00 7.00 i, 0.00 1.00 0.00 0.00 0.00 1.50 0.00 10,680.00 0.00 300.00 0.00 1,600.00 0.00 1,218.00 0.00 20.00 0.00 440.00 0.00 13.00 0.00 150.00 0.00 0.00 0.00 1.00 0.00 34.00 0.00 0.00 0.00 1.00 0.00 45.00 0.00 1.00 0.00 40.00 0.00 1.00 Page 2 Total 2,175.00 2,625.00 12,095.00 4,625.00 80.00 90.00 45.00 1,820.00 45.00 0.00 3.112.50 27,768.00 930.00 4,960.00 38,367.00 4,100.00 440.00 2.405.00 2,325.00 0.00 1.285.00 479.40 D.00 1,595.00 1,125.00 2,300.00 920.00 1345.00 0.00 1.00 5,400.00 0.00 1.70 2,805.00 0.00 $705.081.15 W. 8. Miiler, Inc. 2000 Street Improvement Project No. ST. 2000 - 1 Estimate No. Final SUMMARY: Original Contract Amount Contract additions:CO #1,2,3.4 Contract deducdons: Revised contract amount Value Completed To �ate Amount Retained (0%) Less Amount Paid Previously AMOUNT OUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $658,507.00 50,319.80 708,826.80 705,081.15 0.00 669,827.09 $35,254.06 I hereby certify that the wo�lc performed and the mate�ials supplied to date under the terms of the contract for this project. and all authorized changes thereto, have an actuai value under the contract of the amounts shown on this es�mate (and the final quantitles o� the ftnal estlmate are coRed), and that this es�mate is just and correct a d no part of th "Amount Due This Estlmate' has been received. By Con rs �ized Representative (Title) CERTIF ATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate. and that the contractor is eMitled to payment of this estimate under the contract for reference Droiect CITY OF FRIDLEY, INSPECTOR By , Checked By 33 Date �v v � Respectfully Submitted, G. Flora, P.E. ublic Wo�lcs Director Page 3 � � QiY OF FRIDIEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 �� WILLIAM W. BURNS, CITY MANAGER � WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT SUBJECT: CONTINUATION OF PUBLIC HEARING TO EVALUATE THE CABLE SYSTEM FRANCHISE PROPOSAL SUBMITTED BY WIDEOPENWEST MINNESOTA, LLC DATE: OCTOBER 25, 2000 This item is a continuation of the September 25 public hearing to evaluate the cable system franchise proposal submitted by WideOpenWest (WOV� Minnesota, LLC. At the September 25 meeting, WOW had an opportunity to summarize their application. A draft cable franchise ordinance was also presented for initial review. Staff recommended that the public hearing be continued to give City Attorney Fritz Knaak and WOW's attorney ample time to review the most recent franchise ordinance language. The attorneys have reviewed the ordinance and there are a few remaining issues to resolve. Staff recommends continuation of this public hearing to either November 20, January 29, or February 5. 34 / ` CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 DATE: October 19, 2000 �'�� TO: William W. Burns, City Manager �'V . FROM: SUBJECT: Introduction Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Public Hearing to Consider Proposed Tax Increment Financing District No. 17 for Gateway East Project The City Council is required by law to conduct a public hearing prior to the creation of any new tax increment financing district. The purpose of the public hearing on Monday night is to review establishment of Tax Increment Financing District No. 17 for the Gateway East project, including the TIF Plan and modifications to the overall Redevelopment Plan. The Council will not take official action to approve the district until the November 6, 2000 meeting. In the interim, the HRA will also take separate action on November 2, 2000. Overview of Project Real Estate Equities of St. Paul plans to construct 28 town home units on the 2.5 acre site located at the corner of 57th and University Avenue. The homes will be priced from $126,000 to $142,000 and marketed to recent divorcees; widowers and professional individuals and couples. The units will be a three-story design, similar to the Christianson Crossing project, with a two-car garage on the main level along with a private front entrance; the living room, kitchen, dining room and a small bathroom on the first level; and the bedrooms on the second level. The developer is still finalizing their exterior design package, which could include a small front porch, brick banding and some additional landscaping materials. A detailed site plan, building elevations and landscaping plan will be prepared as part of the land use approval later this fall. A copy of the developer's initial plans from the RFP is included in your packet. 35 Gateway East TIF Memo October 19, 2000 Page 2 HRA's Role At their September meeting, the HRA approved a"term sheet" which outlined the general terms and conditions to be included in a development agreement. Staff is in the process of finalizin�g the details of the agreement which will be considered by the HRA at their November 2" meeting. Below is a summary of the more significant terms: 1. The Developer will construct all of the public and private site improvements on the project, such as roads, utilities, storm ponding, grading, landscaping and the decorative fence. The developer estimates that these improvements will cost $616,000 with contingencies. 2. The Authority will contribute $545,000 towards eligible public and private site improvements. These funds will be placed into an escrow account and drawn down by the Developer as the work is completed. Any remaining funds would be returned to the Authority. 3. The Authority will sell the land to the developer for $1.00. According to the developer the land price reflects the fact they are required to pay prevailing wages to all of the construction workers on the project. Typically, .prevailing wages are not paid on residential construction projects which are privately financed. This requirement adds an estimated $10,000 to $12,000 to the cost of each unit or roughly $228,000 to $336,OQ0 in total. 4. As a means of re-couping some of the Authority's investment in the site, the Developer has agreed to split any profits (50/50) after the project expenses have been paid. The details of the revenue sharing plan are still being negotiated. 5. The Developer would pay for all other customary fees, such as building permits, SAC charges, park dedication fees, etc. TIF Cashflow Analysis The cash flow analysis in the TIF plan assumes that the project would generate approximately $70,820 per year in new taxes or about $65,144 in tax increment on an annual basis. Assuming a 2% inflation rate, the district would generate about $2,113,124 in total tax increment over the life of the district ($1,901,812 after deducting the standard 10% administrative charge). 36 Gateway East TIF Memo October 19, 2000 Page 3 Using a present value factor of 7.5%, the tax increment has a present value of $646,162. This is the only source of revenue for the project. You should note from the Sources and Uses Statement in TIF plan that estimated expenses are $1,240,065. At the end of 25 years, the district would have a deficit of approximately $593,903. The deficit could be offset by any funds the Authority receives from the State (e.g. DTED application) or from the revenue sharing concept discussed earlier in the memo. The financial projections reflect a residential redevelopment project, which in comparison to commercial or industrial development, generates significantly less tax increment. Based on our analysis the town home approach is the most feasible land use for redeveloping the Gateway East project area. Need for TIF Creating the tax increment district is needed in order to facilitate redevelopment of this important corner. The traditional "but for" test is met due to the fact that the Gateway East area would not be redeveloped without public involvement. The tax increment will help reduce the net cost to the Authority, which will have invested over $1,200,000 in the project for such things as acquisition, relocation, demolition and site improvements. Without the HRA's assistance, a redevelopment project would not take place. It would be too costly for a private developer to try and acquire the sites and create a cohesive development site. In all Irkelihood the project area would continue to decline in condition and become a further blighting influence on the surrounding neighborhood. Other Issues Although the Gateway East district would be the seventeenth TIF district created, the number of active TIF districts is far less. TIF Districts No. 4, 5, 8 and 10 have all expired and No. 2 and 3 are restricted. In the case of the last two districts, no additional expenditures can be made except inside those districts. Using TIF for the Gateway East project is consistent with state statutes and clearly meets the legislative intent of a traditional in-fill redevelopment project. Next Steps Upon conclusion of the public hearing by the City Council, the HRA will consider establishment of the district and TIF plan at their November 2 meeting. The HRA will also consider approval of a Contract for Private Redevelopment with Real Estate Equities the same evening. The City Council will consider formal approval of the TIF district on November 6. In addition, the developer will conduct a neighborhood meeting later this fall in advance of the land use approval process, which should begin in early December. 3? Gateway East TI F Memo October 19, 2000 Page 4 Recommendation Staff recommends that the City Councii conduct the public hearing regarding the proposed Tax Increment Financing District No. 17 for the Gateway East project. �C�:� / i QTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 William W. Burns, City Manager John G. Flora�Public Works Director Jon H���f�kaas, Assistant Public Works Director October 23, 2000 2001 Street Improvement Project PW00-132 The attached resolution is to finalize the design and plan preparation for the proposed Moore Lake Hills Neighborhood Street Improvement Project No. 2001-1, which includes Woody Lane, Hillcrest Drive, Gardena Lane and Tennison Drive. The resolulrion accepts the preliminary plans and specificarions for the improvements as a result of the neighborhood meetings and Council's direction and authorizes the establishment of a public hearing. The public hearing is scheduled for November 20, 2000. Recommend the City Council adopt the resolution so that the design work can be finalized for the. Moore Lake Hills Neighborhood Street Improvement Project No. ST. 2001-1. JHH/JGF:cz Attachment � RESOLIITION NO. - 2001 R1350LIITION RLCI3IVING THL PRLLIMINARY R13PORT AND CALLING FOR A PUBLIC HL�ARING ON TH73 MATTER OF CONSTRIICTION OF C$RTAIN IMPROVEMENTS: MOORL LAK$ HILLS NFIGHBORHOOD STRBET IMPROVEMENT PROJI3CT NO. ST. 2001 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. 48 - 2000 adopted on the 26th day of June, 2000, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the preliminary report submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. . � Resolution No. - 2001 Page 2 5. That a public hearing be scheduled for November 20, 2000 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute l00 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTLD BY TH$ CITY COIINCIL OF THS CITY OF FRIDL�Y THIS 23RD DAY OF OCTOBER, 2000. ATTESTED: DEBRA A. SKOGEN - CITY CLERK 41 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IMPROVEMENTS MOORE LAKE HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2001-1 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOI'ICE IS HEREBY GIVEN THAT on the 20th day of November 2000, at 730 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mu� bituminous mat, concrete curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping and other facilities located as follows: MOORE LAKE HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2001-1 Woody Lane - Central Avenue to cul-de-sac; Hillcrest Drive - Woody Lane to Central Avenue; Gardena Lane - Woody Lane to Gardena Avenue; and Tennison Drive - Gardena Avenue to cul-de-sac. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than 15 November 2000. Published: Fridley Focus November 3, 2000 November 10, 2000 November 17, 2000 �� � � CRY OF FRIDLEY �� FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 23, 2000 William W. Bums, City Manager �� � John G. F1ora,�Public Works Director Jon H. ai k as, Assistant Public Works Director October 23, 2000 SUBJECT: Springbrook Creek Channelization Project No. 335 PW00-129 Attached are two resolutions for initiating the design and plan preparation for the proposed Springbrook Creek Channelization Project No. 335. The first resolution orders the preparation of preliminary plans and specifications for the improvements as a result of the neighborhood concerns and Council's direction. This includes building modular block walls along both sides of Springbrook Creek from Ironton Street to Hugo Street, lining the creek with geotextile fiber fabric and reinstalling gravel and boulders to protect the creek bottom. 1 he second resolution accepts the preliminary plans and specifications for the improvement and authorizes the establishment of a public hearing. The public hearing will be scheduled for November 20, 2000. Recommend the City Council adopt the resolution ordering the preparation of preliminary plans and specifications for the improvements. Recommend the Ciry Council adopt the resolution accepting the preliminary plans and specifications for the improvement and authorizes the establishment of a public hearing so that the design work can be initiated for Springbrook Creek Channelization Project No. 335. JHH/JGF:bk Attachments 43 RE30LUTION NO. - 2000 A RESOLUTION ORDERING PRELIMINARY PLAN3, SPECIFICATIONS AND ESTII�TE3 OF THE COSTS THEREOF: SPRINGBROOK CREER CEANNELIZATION PROJECT N0.335 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Building modular block walls along both sides of Springbrook Creek from Ironton Street to Hugo Street, lining the creek with qeotextile fiber fabric and reinstalling gravel and boulders to protect the creek bottom. That the work involved in said improvements listed above shall hereafter be designated as: SPRINGBROOR CREEK CAANNELIZATZON PROJECT NO. 335. 2. That the Public Works Director, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TiiIS 23RD DAY OF OCTOBER 2000. ATTESTED: DEBRA A. SKOGEN, CITY CLERK NANCY J. JORGENSON - MAYOR . . RE30LUTION NO. - 2000 RESOLUTION RECEIVING THE PRELIIKINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE L�iTTER OF CONSTRUCTION OF CERTAIN IMPROVEI�NTS: SPRINGBROOR CREER CHANNELIZATION PROJECT NO. 335 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. - 2000 adopted on the 23=d day of October, 2000, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the preliminary report submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: Al1 of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That a public hearing be scheduled for November 20, 2000 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF E'RIDLEY THIS 23rd DAY OF OCTOBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON, MAYOR �_r ' � CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IMPROVEMENTS SPRINGBROOK CREEK CHANNELIZATION PROJECT NO. 335 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAi on the 20th day of November 2000, at 730 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Building modular block walls along both sides of Springbrook Creek from Ironton Street to Hugo Street, lining the creekwith geotextile fiber fabric andreinstalling gravel andboulders to protect the creekbottom. That the work involved in said improvements listed above shall hereafter be designated as: SPRINGBROOK CREEK CHANNELIZATION PROJECT NO. 335 Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500 no later than 15 November 2000. Published: Fridley Focus November 3, 2000 November 10, 2000 November 17, 2000 . � � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 23, 2000 CRY OF FRIDLE1f INI�'ORMAL STATUS RE'PORTS 47