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04/24/2000 - 00008499THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 24, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Pro Tem Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette, Councilmember Billings, Council- member Wolfe and Councilmember Bolkcom MEMBERS ABSENT: Mayor Jorgenson 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 other 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. PROCLAMATION: Veterans' Buddy Po�pv Day - May 19, 2000 Mayor Pro Tem Barnette stated that May 19, 2000, will be proclaimed as Veterans' Buddy Poppy Day. Mr. George Arnold, representing the Veterans of Foreign Wars, stated that he wanted to thank Council for the proclamation and for allowing the VFW to distribute poppies in the City of Fridley. The VFW helps the schools, senior citizens and the people of the community. They donate scholarships and money to kids for programs including football, baseball, and basketball. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin'°� of April 10, 2000 Councilmember Bolkcom stated that under Item No. 14, the variance request by Duke-Weeks Realty should state 130 square feet rather than the 160 square feet for the allowable size of the free standing sign. APPROVED CITY COUNCIL MEETING MINUTES OF APRIL 10, 2000 AS AMENDED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 2000. 2. SPECIAL USE PERMIT REQUEST, SP #00-03, BY MAERTENS-BRENNY CONSTRUCTION COMPANY, TO INCREASE THE ALLOWABLE LOT COVERAGE TO ACCOMMODATE A PROPOSED NEW BUILDING FOR METAL-TEK, INC., GENERALLY LOCATED AT 7901 MAIN STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that this was consideration of a motion to approve a special use permit for Maertens-Brenny Construction Company for property located at 7901 Main Street. The special use permit would allow a 50,561 square foot building to be constructed on a lot that contains 107,182 square feet. The City's M-2 zoning code allows lot coverage up to 50 percent, but requires a special use permit for coverage greater than 40 percent. In this case, the coverage would be 47 percent. The proposed building is being built for Metal-Tek, Inc., a local manufacturer. The building will be occupied by blast furnaces. Molten steel is poured into casts for machine parts such as snowmobile and garden tractor engine blocks. Planning Commission unanimously concurred with staff in approving the special use permit with six stipulations at their April 5 meeting. Staff recommends Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP#00-03 WITH THE FOLLOWING SIX STIPULATIONS: 1) ALL PROPER PERMITS SHALL BE OBTAINED PRIOR TO START OF CONSTUCTION; 2) FINAL DRAINAGE CALCULATIONS AND PLAN TO BE APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 3) THE PETITIONER SHALL COMPLY WITH CITY ORDINANCES REGARDING SNOW PLOWING AND SNOW STORAGE. IF THE SNOW CANNOT BE PROPERLY STORED ON SITE, THE PETITINER IS RESPONSIBLE TO FIND FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 3 A SUITABLE OPTION WITHOUT CAUSING THE NECESSITY FOR ON- STREET PARKING BY THE PETITIONER'S EMPLOYEES; 4) THE PETITIONER AND PROPERTY OWNER SHALL MEET WITH CITY PLANNING, BUILDING, AND ENGINEERING STAFF FOR A PRE- CONSTRUCTION MEETING PRIOR TO ISSUANCE OF A BUILDING PERMIT. THE PETITIONER SHALL CONTACT PLANNING STAFF TO COORDINATE MEETING; 5) THERE SHALL BE NO OUTDOOR STORAGE OF EQUIPMENT, SUPPLIES, OR PRODUCT; AND 6) ANY PROPANE TANKS LOCATED ON SITE SHALL BE STORED IN ACCORDANCE WITH STATE AND FEDERAL STANDARDS. 3. SPECIAL USE PERMIT REQUEST, SP #00-04, BY KENNETH J. STEIES, TO ACCOMMODATE A RESTAURANT AND BAR, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that the petitioner, Kenneth Steies requested this permit for operation of a bar within his restaurant at 8298 University Avenue (formerly Moose Club). The Planning Commission unanimously approved the request at their April 5 meeting with twelve stipulations. Staff recommends Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-04 WITH THE FOLLOWING STIPULATIONS: 1) ALL PROPER PERMITS SHALL BE OBTAINED PRIOR TO START OF REMODELING; 2) THE PETITIONER SHALL REMOVE EXISTING HORSESHOE PITS AND RETURN TO PARKING AREA OR REVERT TO GREEN SPACE. RESTORATION SHALL INCLUDE CREATING A CLEAN EDGE TO THE BROKEN ASPHALT IN THIS AREA, OR REMOVAL OF THE OF THE ASPHALT ENTIRELY; 3) PETITIONER SHALL REPAIR POTHOLES, OVERLAY, AND RESTRIPE PARKING LOT. PARKING LOT SHALL BE RESTRIPED TO MEET ALL HANDICAP STALL REQUIREMENTS; 4) ALL RETAINING WALLS MUST BE PROPERLY ENGINEERED AND RECONSTRUCTED; 5) PROPER GUARD RAILS AND PROPER HANDRAILS SHALL BE INSTALLED WHERE REQUIRED; 6) WOODEN STEPS ON SOUTH SIDE OF BUILDING, GOING DOWN TO PARKING LOT, SHALL BE DESIGNED TO NOT HAVE OPEN RISERS OR STORAGE BELOW STAIRWAY. THESE STAIRS MUST BE CERTIFIED TO MEET WEIGHT REQUIREMENTS; 7) ENGINEERING TO BE PROVIDED TO CERTIFY LOAD CAPACITY OF EXISTING DECK. IN ADDITION, ANY ROTTED, BROKEN, OR CRACKED DECKING SHALL BE REPLACED; 8) THE EXISTING SHED SHALL BE REMOVED OR CODE REQUIRED FIRE- WALL INSTALLED; 9) IRRIGATION SHALL BE INSTALLED TO ALL GREEN SPACE AREA, INCLUDING BOULEVARD, AS REQUIRED BY CITY CODE; 10) A CODE-REQUIRED GARBAGE DUMPSTER ENCLOSURE SHALL BE PROVIDED ON SITE; 11) NO OUTDOOR STORAGE SHALL BE ALLOWED ON THIS SITE. ALL EXISTING GARBAGE, SCRAP, JUNKED APPLIANCES, AND LUMBER SHALL BE REMOVED FROM THE SITE; 12) THE PETITIONER SHALL CERTIFY THAT ALL HVAC AND REPLACEMENT AIR EQUIPMENT MEET REQUIRED STANDARDS. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 4 4. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for 2000 neighborhood street improvements. The 2000 street improvement project includes the University Avenue East Service Drive, the 73rd Avenue Service Drive, Symphony Street, Symphony Court, 74t'` Avenue and 71gt Avenue. Since the Northco project was assessed for a final mat at the time the project was developed, the City also bid the resurfacing of Northco Drive as an alternate bid. Six bids were received for this work with W.B. Miller, Inc., submitting the low bid in the amount of $658,507. The amount includes $50,690 for Northco Drive. The low bid is considerably over the $500,000 that was budgeted. The overage is attributable to higher fuel prices that are reflected in the cost of asphalt. Since the Streets portion of the General Capital Improvements Fund has a balance of $2,237,255, staff recommended Council's approval of the low bid amount and with the low bidder, W.B. Miller, Inc. of Elk River Minnesota. RECEIVED BIDS AND AWARDED CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1 TO W.B. MILLER, INC. 5. APPROVE CHANGE ORDER NO. 1 TO THE HYPOLIM AERATOR REPLACEMENT FOR MOORE LAKE: Mr. Burns, City Manager, stated that the change order would allow us to replace the air supply line for the Moore Lake aerator. The cost of the supply line is $2,500 and would be payable to Heigi Enterprises, the contractor who is replacing the aerator. The additional amount would bring the total cost of the project to $29,605, an amount that is within the $30,000 budgeted for the project. APPROVED CHANGE ORDER NO. 1 TO THE HYPOLIM AERATOR REPLACEMENT FOR MOORE LAKE. 6. RESOLUTION NO. 32-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, stated that this permit is for a pull tab operation at Main Event on University Avenue. Their current permit expires on 7une 30, 2000. Since the City knows of no problems associated with this pull tab operation, staff recommended that the charitable gambling premise permit be renewed for a period which e�tends from July 1, 2000 to June 30, 2001. ADOPTED RESOLUTION NO. 32-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.). FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 5 7. RECONSIDER PARAGON CABLE SETTLEMENT: Mr. Burns, City Manager, stated that this was consideration of a motion approving a settlement with Time Warner, Inc. In 1997 Time Warner, Inc. acquired Paragon Cable from Houston Industries. The City billed Paragon for all City costs associated with the review of the transfer. Paragon agreed to pay the City's legal and advertising costs but refused to pay for staff time. Council subsequently rejected this settlement amount. With the transfer of the local cable company from Time Warner, Inc. to AOL, the offer to settle past claims has been renewed by Time Warner, Inc. They are willing to provide $4,414.17 to cover the City's legal costs for the 1997 transfer of ownership. They have also indicated a willingness to pay the $93 in advertising costs the City incurred in 1997 and the $103 in advertising costs that we paid this year. Staff recommended Council's approval. APPROVED PARAGON CABLE SETTLEMENT. 8. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 92848 THROUGH 93062. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. APPROVAL OF PROPOSED CONSENT AGENDA MOTION by Councilmember Bolkcom to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, to adopt the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Larry Miskowiec, 440 Ely Street, stated that he agreed with the "no parking" ordinance for the months of November until May, but there are some police officers that tag and others that look the other way. He felt ticketing in "no parking" zones should be enforced 100 percent or the City of Fridley will be like the City of Minneapolis. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 6 PUBLIC HEARINGS: 10. RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 - 1: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Pribyl, Finance Director, stated that the project assessment pertains to the roadway reconstruction in the Riverview Heights area. The project area is from East River Road to the Mississippi River and from 79t'` Way to the north boundary of the City. The proposed assessment is $1,000 per property for the storm water portion. It has an assessment period of fifteen years. The concrete, curb, and gutter portion is based on $14.00 per lineal foot and assessed for a period of fifteen years. There were also some driveways that were assessed for a period of five years. The total cost of the assessments is $481,157.74. The City's portion of the project is $1,936,706.45. MOTION by Councilmember Bolkcom to receive letters from Richard Smith, Claudia and Mike Geis, Dennis Roelke, and Frank D'Aigle. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that some people have more than one property identification number (PIN) for their property. Mr. Pribyl stated that there are a number of properties in that area that have small front footages. The City notified the property owners a year ago that it would be possible to combine a number of pieces into one piece to reduce the assessments on the number of lots. There are a number of people doing that, but he was also aware that there are still people who have not done the combination. The Geises are still in a process of completing a combination. The Geis properties will be brought to Council when they finish the final plat on this to reduce the number of lots to be assessed. Councilmember Bolkcom stated that even though Council was holding the public hearing approving the assessments, at some time if people are in the process of completing their PINs that could still be corrected down the line. Mr. Pribyl stated that was correct, but at this point the property owners need to be in the process of doing it because of the time frame involved. Council will be receiving another action abating the corrections. Councilmember Bolkcom asked how long it normally takes. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 7 Mr. Bolin, Planner, stated that it takes si�ty days from the time of application to get preliminary plat approval. After that it would be as soon as the petitioner can have the County review their final plats. Mayor Pro Tem Barnette stated that letters were sent out to the property owners telling them that it was to their advantage to do this. He asked how many property owners have not combined their properties. Mr. Pribyl stated that he does not have the numbers of who did not respond. Councilmember Bolkom asked Mr. Flora if he could go through how the City decided who would be assessed as far as the storm water improvement. Mr. Flora, Public Works Director, stated that everything west of East River Road drains down the street into pipes discharging into the Mississippi River. In this project, the City collected all those waters and brought them southward to 79t'` Way into a retention pond. This collected all the water west of East River Road within the project area. The determination of assessing those properties at $1,000 per lot was established per PIN parcel. The cost associated with the cost of the project is curb and gutter identified at the cost of $14.00 per front foot based on the addressed property. Councilmember Bolkcom asked how long they have been doing the assessment for the concrete, curb, and gutter. Mr. Flora stated that it has been since 1992. Councilmember Bolkcom asked Mr. Knaak about the letter with the question of the lot that may not be buildable. She also asked him if he felt it would be an improvement and if he was objecting to the assessment. Mr. Knaak, City Attorney, stated that it does not matter whether or not a structure could be put on the lot. It is possible that a parcel that has adjoining lots or neighbors interested in purchasing for expanding the size of their own properties could do so. The e�stence of curb and gutter on that parcel enhances the value. Ms. Claudia Geis, 520 Dover Street, asked if the assessment was based on building parcels. Mr. Pribyl stated that it is based on lots. Ms. Geis asked if it was based on PINs. Mr. Pribyl stated that was correct. Ms. Geis stated that they are close to finishing their County approval. She asked if they would they have to wait later in the meeting for Council approval regarding the abatement to go ahead with the building permit and build a home. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 8 Mr. Pribyl stated this item will be brought back to Council. He said another resolution will abate the PINs that are not going to be assessed starting ne�t year. Ms. Geis asked if they would have to pay $10,000 up front for the assessments that are pending. Mr. Pribyl stated that once they have completed the process, the title company would be asking what the pending specials are. There are only two PINs involved in the final plat. The City would make sure that that information would be indicated to the title company. This would be a process for the City Council in the fall. Ms. Geis asked how the assigned PIN were picked for the property assessments. Mr. Flora stated that in 1973, the Council established $600 per parcel for storm water improvements. In 1992, the number was raised to $1,000 per parcel for PINs. This has been carried on as a uniform figure on all of the storm water improvement projects. Mayor Pro Tem Barnette stated that the whole object to combine these was so it would not cost more. Ms. Geis stated that they were going to go ahead and just combine them, but they had an imaginary street in the middle of all of these little tiny properties. They had to go ahead and vacate the street. She asked that Council not adopt the assessment at this time. Councilmember Bolkcom asked why Ms. Geis suggested that Council not adopt the assessment. If the assessment is passed, it does not mean that everyone has to pay up front tonight or tomorrow. Mr. Pribyl stated that there is a period of time for prepayment for anybody who would like to. This is spread onto the tax bill starting ne�t year. This prepayment is without interest. After that it does accrue interest. In the Geis's particular case with an abatement, it really would not affect them. They can still complete their process without any negative impacts. Ms. Geis stated that she was under the impression that the interest would accrue from the adoption date according to the letter that was mailed out. Mr. Pribyl stated that interest does begin to accrue thirty days after the adoption, but there is a period of time they can prepay it. Councilmember Bolkcom asked Ms. Geis if she knew how long it would be before the combination is taken care of. Ms. Geis stated that the check was written out to Anoka County on March 4, and it is still not completed. They needed a surveyor. She and her husband are expecting the filing to be completed within two weeks to thirty days according to the surveyor. Councilmember Bolkcom stated that she is being assessed right now on every PIN. If the resolution were passed that evening they would start incurring interest on it. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 9 Ms. Geis stated that they have not cashed the check yet. Mr. Pribyl stated that in this case, the only thing that will be remaining is the final plat. They have been diligent in getting involved in the process. It is thirty days from the date that the assessment is approved. Councilmember Bolkcom asked if anyone involved in the process of combining their PINs could also abate the interest. Mr. Pribyl stated that they could. Mr. John Drummond, 8345 Riverview Terrace, stated that he has three lots. He asked where the assessment ends going from 79t'` Way. Mr. Flora stated that it ends at the corporate limits, Coon Rapids. Mr. Drummond asked about below 79t'` Way. Mr. Flora stated that there are three different improvements in that area: storm water; concrete curb and gutter; and street and sanitary line improvement. Mr. Drummond stated that there is no curb and gutter at his place. Mr. Flora stated that his residence is north of 79t'` Way and on Riverview Terrace and does have curb and gutter. Mr. Drummond stated that there is one house ne�t door to him. There is no curb and gutter at his house, but is he being charged for that. Mayor Pro Tem Barnette stated that the streets south of 79t'` Way were assessed two or three years ago for the same kinds of reasons. Those residents have paid. Councilmember Bolkcom stated that the Riverview Terrace project that has been in the works for more than five years. Ultimately, everyone paid for it because there is $1,900,000 paid out of the City's taxes. Everyone is paying besides the people that actually live in the area. Mr. Drummond stated that there is a huge flooding area from 79t'` Way to the south. Mr. Flora stated that that is a park area. Mr. Drummond stated that he meant north of Alden Way right there at the 79t'` Way area. He has three lots. Councilmember Bolkcom stated that staffwill need to look at his lots. Mayor Pro Tem Barnette asked Mr. Drummond if he would give Mr. Flora his telephone number so he could call him back. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 10 Mr. James Konold stated that he is the former owner of 561 Ironton Street. He said the property has been sold, and the City escrowed $3,000 on him. He said he filed before the deadline. They have two PINs that will be combined. He asked how long his money would be in escrow. Mr. Pribyl stated that as soon as the City passes the resolution approving the assessment, the City provides the information to the title companies. Then, it would be however long it takes to release those from the title companies. Mr. Dennis Roelke, 8215 Riverview Terrace, stated that he recently sent a letter regarding this matter. Councilmember Bolkcom stated that his questions in the letter were regarding the fact that he had assessments already on the side lot. Mr. Roelke stated that there are eight or nine houses that had side lot assessments that presently only have the front lawn assessed. He felt that since he had the side lot assessments, it should be subtracted off the front lawn assessments since he has a corner lot also. Councilmember Bolkcom asked Mr. Flora how this should be handled. Mr. Flora stated that in the 1960's when the City was just growing, they had a front yard and side yard assessment policy. At that time, when they did a project, they took the total cost, total footage of the front yards and took one half way down the street in the other direction as a one- third payment into the assessed value. When they did Ironton Street, he paid for the two lots, front footage that faced on Ironton Street and one-third of the Riverview Terrace property as a side yard assessment which paid for the concrete and curb on Ironton Street. Now, they are assessing the concrete and curb on Riverview Terrace. Mr. Roelke stated that he has a problem with the way they are doing this. His neighbors down the block are not paying the side yard assessment which he has already paid. Mr. Roelke stated that if he lived on Cheryl Street, he would only be paying Riverview Terrace, he would not be paying his Cheryl Street side. He has already paid his Ironton Street side. He wanted to know why he should have to pay full price on the Riverview Terrace side. Mr. Flora stated that this is the policy the Council has adopted over the years. Councilmember Bolkcom asked if he paid something for the Riverview Terrace side. Mr. Flora stated that he paid for four lots. Two of the lots face Ironton Street, and two of the lots go the other direction facing Riverview Terrace. He paid one-third of the side yard on the Riverview Terrace lots. Councilmember Bolkcom asked if he had been assessed something for Riverview Terrace. Mr. Flora stated that he has only been assessed for Ironton Street. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 11 Mr. Roelke stated that the addresses in his area are random at best. There are houses that are on Riverview Terrace that are not addressed Riverview Terrace. There are houses on Broad Avenue that are not addressed to Broad Avenue. It was questionable whether the front of his house is on Riverview Terrace or Ironton Street. The only thing that faces Riverview Terrace is his garage. His address is 8250 Riverview Terrace. Councilmember Billings stated that the policy that was in place in 1960 was for all of the curb and gutter that was placed in the City to be assessed. When there was a side yard, the policy in 1960 was that the corner was charged for rounding the corner. The cost for going around the corner was spread out all along the entire street of Ironton Street. Therefore, everybody on Ironton Street was assessed for curb and gutter. In addition, he said that Mr. Roelke, living on a corner, was assessed a little more for the curb and gutter on Ironton Street. He was not assessed for the curb and gutter on Riverview Terrace. He cannot address the policy that was developed in the 1960's. The City Council saw fit to change the policy in the 1980's probably. The policy in effect now is that residents are assessed for the front foot. Mr. Roelke stated that he thinks that the City should consider his situation unique. Councilmember Billings stated that he paid for the benefit of the curb and gutter on Ironton for thirty some years. Mr. Roelke stated that he has the benefit of curb on one side and asphalt curb on the other. Councilmember Wolfe asked if this situation has happened before. Mr. Flora stated that every property on the corner has two sides. Councilmember Wolfe stated that Mr. Flora stated earlier that this is a unique situation. Mr. Flora stated that it is not unique. Every corner property has two curbs. The City is only assessing for front yard footage now. Mr. Norman Johnson, 515 Dover Street, stated that he wondered what has been done with the storm sewers on Dover and Ely Streets. He does not see that one thing has been changed since 1960. Mr. Flora stated that all the water from those streets are collected on Riverview Terrace, and the pipes run downhill into the drainage area. Mr. Johnson stated that there are two collection basins at the corner of Ely and Dover Streets. Mr. Flora stated that it is controlling the drainage into Springbrook Creek Springbrook Creek has been changed into essentially a retention pond and flood basin. The flood control structure has gone into the creek to prevent the river from backing up, and the whole area has been changed as far as storm water. Councilmember Bolkcom stated that water goes into the creek but ultimately goes into the retention basin. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 12 Mr. Johnson stated that he does not understand the project. He felt that the water is going into the river the same as it always has. Mr. Flora stated that all of the drainage in the City goes to the river. Councilmember Bolkcom stated that it is not all draining the same, the water is coming down Riverview Terrace, and then setting into the pond and then going into the river. Mr. Larry Korzenowski, 529 Janesville Street, asked if they are going to be assessed for the concrete and curb on 7anesville Street. Mr. Flora stated that if he did not get a letter, he will not be assessed. Mr. Korzenowski stated that he did not get a letter. He asked what the cost would be of $1,000 for the sewer with interest over fifteen years. Mr. Pribyl stated that he did not know the answer at this time. Mr. David Gangl, 550 Lafayette Street, stated that they have had problems since he has moved in with the street flooding in the spring. It is caused by the storm sewer across the street from his address. This spring it backed up again, and he thought that was what the project was supposed to do. It is the northernmost street in Fridley. Mr. Flora stated that there was a pipe put in to collect the water and bring it down the hill. The pipe has improved the flow, but it did not change the street or change the existing driveway line. Mr. Gangl stated that his side of the street is fine. It is the opposite side of his street that floods every year. Mr. Flora stated that he was not aware of any pipe flooding this year. Mr. Gangl stated that he called the City and watched them as they came over to work on it. Councilmember Bolkcom stated that Mr. Flora could look at the records. Mr. Gangl stated that it was dug up four times and was not even fixed the first time. They did not have the right parts. Mr. Burns stated that they would have to take a look at this. Mr. Gangl stated that when the City leveled the street, they never cleaned any dirt out of the drains. Someone was suppose to remove it, but they never did. Mayor Pro Tem Barnette stated that perhaps he could leave his telephone number with Mr. Flora so he could get back to him. Mr. Miskowiec stated that he is high on top of the hill at 440 Ely Street. He agrees with the gentleman on Dover Street. When there is a heavy rain, he watches the creek overflow, and all FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 13 the children come down in inner tubes having a great time. He is totally against the project and thinks it is a waste of money. No where does it say whether the interest is fixed or adjustable. Mr. Pribyl stated that is fixed. Mr. Miskowiec stated that it should say it is fixed in the letter. Mr. Dan Fay, 729 Kimball Street, asked if the $1,000 issue had to do with environmental issues. Mr. Flora stated that it was for the storm water system. Mr. Fay asked if there was State environmental fund money that they could use. Mr. Flora stated that the City submitted three applications for grant money. Mr. Paul Westby, 8320 Broad Avenue, stated that there are three people that share the same width of his property. His property is in the back by the river and 8310 and 8330 Broad Avenue are basically on the front side of his property. The properties are all being assessed separately, and he requested that they be assessed together. Councilmember Bolkcom stated that it is based on PINs. Dr. Westby stated that those properties overlay his property, and they share the same width. He has a driveway that enters onto Broad Avenue. That is the part that he owns for the total width of his property. There are always special situations. He asked the City to consider this as a special situation. Councilmember Billings asked how much distance the three of them own on Broad Avenue. Dr. Westby stated that his property is appro�mately 170 feet. The other two properties overlay his property, so each of those will have half of that distance. Ms. Dacy stated that these are the three lots that were annexed into the City of Coon Rapids. Mr. Bolin stated that Dr. Westby's property is accessed by a small lane coming in from Broad Avenue. The two properties on the front of his are Lots 22 and 23. Councilmember Billings stated that he is looking at the assessments. 8310 is at 68.9, 8330 at 77.5 that adds up to 146.4. Dr. Westby is at 156.4 but it should probably be like ten feet only. Dr. Westby stated that is what he is confused about. Councilmember Billings stated that the total frontage on Broad Avenue all being assessed to Dr. Westby. The other two properties are being assessed at 146.4. Dr. Westby stated that if that is the way it is done, he wants to be a good citizen, but it seems strange. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 14 Mayor Pro Tem Barnette stated that he accesses his home off the block Two properties are on either side of him, and he has no frontage on any street other than the driveway. Dr. Westby stated that was correct. Councilmember Bolkcom stated that this is something that needs to be reviewed. Dr. Westby stated that there are three houses where Broad Avenue curves up into Lafayette Street. Mayor Pro Tem Barnette stated that it is an unusual situation. Councilmember Bolkcom stated that they will call him if they have any other questions. Mr. Leo Caroon, 521 Dover Street, asked where the creek went into the holding pond. Mr. Flora stated that the west side of the creek is a holding pond, and the east side of the creek is a retention basin controlled by the flood control structure put on the end of the creek south of 79t'` Way. Mr. Caroon asked why the people on the east side of East River Road do not have to pay when their water runs into the creek. Mr. Flora stated that is another drainage district and they are assessed separate. Mr. Caroon asked if they had their own creek. Mr. Flora stated that they use Springbrook Creek. Mr. Caroon stated they should be assessed for the holding pond too. Mr. Flora stated that they did the improvements on there already. Basically, all the people in Coon Rapids and Spring Lake Park and Blaine could be paying for the improvements because they use it, too. Councilmember Billings stated that they are assessing $1,000 for several lots for the storm water assessments. He asked if that covers all of the cost of the storm water project. Mr. Flora stated that it does not. Councilmember Billings stated that they basically pay for storm water projects out of the storm water fund at whatever cost they happen to be. Then they assess based on $1,000 per buildable lot on a City-wide basis. They could have a situation where they assess the entire drainage area that is affected by the immediate project that they are doing. Almost all of the water in Fridley drains into one of the creeks they have. They assess $1,000 per buildable lot. That is not necessarily intended to capture all of the costs of a particular storm water project. This means that the entire area that they are doing that the water drains from gets assessed all at once. This fee is a reimbursement to the storm water fund to try and keep the fund in sufficient amounts so FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 15 they can continue to do the storm water projects. Multiple neighborhoods waters are flowing through the system in his area, but he is paying no more or less than the other people. Mr. Roelke asked if there was any other neighborhood that has the storm water holding pond like they have that diverts water down the street instead of directly into the river. Mr. Flora stated that on 64t'` Way the neighborhood south of Mississippi Street, and east of Central Avenue. Councilmember Bolkcom stated that every project is a little different because every neighborhood is a little different. Mr. Drummond asked if they could explain what they meant by buildable lot. Mr. Flora stated that they are billing on the tax ID numbers. If they all have a separate PIN number then they all have to have an assessment. Councilmember Billings stated that on page 145 of the assessment roll, there are two lots listed. One has 30 feet of frontage and one is 49.9 feet of frontage, and those are not buildable as one lot, but he is being assessed $1,000 two different times. Councilmember Billings said that Mr. Drummond could talk to the Assessor because they appear to be side by side and unbuildable individually, and they should be combined into one PIN number. A letter was sent out in 1999 addressing that issue. Mr. Pribyl stated that both the planning department and assessor's office will need to get involved. Councilmember Bolkcom stated that they have Mr. Drummond's name and telephone number to contact him. Mr. Drummond asked if he would be billed if he does not have curb and gutter in front of his place. Councilmember Bolkcom stated that they were going to go back and look at his property and call him with more information. Mayor Pro Tem Barnette stated that the whole purpose of the hearing was for any questions. Council can table this until a further date until the questions are answered. Councilmember Bolkcom stated that they are dealing with 378 properties. There may be mistakes. Mr. Mike Geis, 520 Dover Street, indicated that the two houses closest to East River Road on Dover and Ely Streets drain into East River Road. The rest of them go to two catch basins with one culvert running into the creek. He asked how this was assessed at $1,000 and if it was for storm sewer. Mr. Flora stated that it was for the storm water portion of the project. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 16 Mr. Geis stated that Mr. Flora said all of the water goes into the creek There is a holding pond there, and all of the water comes from all the other streets into the holding pond. Mr. Flora stated that the streets ones that do not are part of 79t'` Way and part of Dover and Ely Streets on top of the hill. Mr. Geis stated that his street goes into the creek, and the creek goes into the river. It does not go into the holding pond. Mr. Flora stated that they built a flood basin on the east side of the creek on the north side of 79t'` Way. This holds the water for when it comes down to the creek. Mr. Geis stated that otherwise it goes right into the river. Mr. Flora stated that all the water goes into the river. Mr. Geis asked when this other deal kicks into effect. Mr. Flora stated that when the Mississippi River starts rising, the plan is to close the flood control structure they built on the south side of 79t'` Way. Mr. Geis stated that everybody is on the assumption that it goes right into the creek. Mr. Flora stated that there are two metal hatches that he would see when he drives by. The gates on the river are closed when the river is flooding. Dr. Westby asked if there have been any restrictions of pesticides or herbicides or fertilizer on lawns. Mr. Flora stated that pollution requirements is another issue that will be an educational policy for the City. Dr. Westby stated that he has seen Chem-lawn come out. The runoff goes right into the river. Mr. Miskowiec asked if the homeowners on the east side of East River Road on 80t'` are going to be assessed because their water runs into the same brook as the people on the west side of East River Road. Mr. Flora stated that East River Road is not part of the project. Councilmember Bolkcom stated that this is an assessment because of the Riverview Heights project and has nothing to do with the assessment for the East River Road project. There are some issues being looked at on the other side of East River Road and there are some County issues there. There are issues with flooding on that side. Mr. Flora stated that there are erosion problems on the east side of East River Road and Springbrook Creek. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 17 Mr. Miskowiec stated that they should be included to drop the assessment down. Councilmember Bolkcom stated that the assessment would not be any lower because it is at $1,000 for a storm water project per PIN. They are looking into having a neighborhood meeting in the East River Road neighborhood to let people know what is happening and what the cost may be for a project. Mr. Miskowiec asked what the consequences would be for the homeowners if this resolution fails and there is a heavy rain. Councilmember Bolkcom stated that the project has been completed. She stated that the City of Fridley probably assesses a lot less than some other communities. This is an older infrastructure that needs to be improved. Mr. Burns stated that every neighborhood has a different set of storm water problems. Mr. Jim Freund, 565 Hugo Street, stated that in January they signed the sale agreement for the house they are selling in Fridley. He asked if he is going to have to pay the assessment before he moves. He also asked if some sort of arrangements could be made for payment. Mr. Burns stated that he believes this is an arrangement he makes with his buyer. Mr. Pribyl stated that this project was a pending project at the time Council awarded the contract and is a thing Mr. Freund will have to negotiate with his sale. Mr. Freund stated that the people who are buying the house are not going to want to split the difference. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:14 P.M. NEW BUSINESS: 11. RESOLUTION NO. ??-2000 ADOPTING ASSESSMENT FOR RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999-1: MOTION by Councilmember Bolkcom to table this resolution. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that she felt there were enough questions brought up that need to be looked at. Councilmember Billings asked if the vote required three, four or five votes. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 18 Mr. Pribyl stated that he thought it was three votes. Councilmember Bolkcom asked Mr. Flora if they could get the information back by the May 8 City Council meeting. Mr. Knaak stated that his assessment is that this vote needs three votes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. FIRST READING OF AN ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES": Mr. Flora, Public Works Director, stated that this is a result of the recent Public Utility Commission and the League of Minnesota Cities publication rules and model ordinance dealing with the management of right-of-way. The City adopted the right-of-way ordinance in 1997 as a result of the PUC rules and the model which required that we upgrade our own ordinance dealing with State requirements. The public hearing was held with regard to the changes. Comments were received from Minnegasco and NSP. Their major issues were assessing the intent of the ordinance rather than the changes proposed. As a result, no changes were made to the ordinance as presented at the public hearing. Councilmember Billings asked how it compared with the model ordinance provided by the League of Minnesota Cities. Mr. Flora stated that it is almost identical, and includes all of the things the City did not have to start with that are required with the PUC rules. Mr. Al Swintek, Reliant Energy/Minnegasco, stated that there was a public hearing a couple of weeks ago. He thought that what happened in 1997 prior to the League of Minnesota Cities coming up with their model and prior to the PUC creating a working group and coming up with additional rules, was that the City felt compelled to get something on the books. The construction season was coming. With restructuring of right-of-way management issues, Council felt compelled to get something on the books with the understanding that it would be modified at a future time. After the League came up with a model and the PUC came up with rules, what has been suggested has taken place. Anything that they were concerned about from the very beginning still is in the original ordinance. He is requesting that the Council take seriously the suggestions that have been made by Reliant Energy/Minnegasco and NSP. Mr. Theis of NSP chose not to even attend tonight's meeting because he felt this was a done deal. Mr. Flora stated that Minneapolis just adopted their ordinance, and Fridley's is essentially the same. Mr. Swintek stated that Minneapolis is in the process of adopting the ordinance. It has not been approved yet. They are going through the Public Works and Planning Commission meetings, and FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 19 the negotiations are still taking place. The new negotiated Minneapolis ordinance still has not been approved by the Minneapolis City Council. Mr. Flora stated that he received a memorandum this morning that said it would be advertised for one week and was effective today. Councilmember Bolkcom stated that she took a little offense that they pass something just to pass something. Council spent time reading this and had conversations. There was also a lot of staff time involved. Mr. Swintek apologized for that implication. He meant to say that the right-of-way ordinance that Fridley passed was right on the heals of the ordinance that Minneapolis and St. Paul passed plowing new ground. There was a sense of urgency to get a right-of-way ordinance approved prior to the construction season, and the League putting together a model, and the PUC putting together a working group. Mr. Flora stated that he has been working with this issue for over five years, and he is one of the authors for the League model. It was through the League's attorneys and the PUC task force that the ordinance was adopted. MOTION by Councilmember Bolkcom to approve the first reading of an Ordinance Revising Chapter 407 of the Fridley City Code in its entirety, and amending Chapter 11 of the Fridley City Code, entitled " General Provisions and Fees." Seconded by Councilmember Wolfe. UPON A VOICE VOTE, MAYOR PRO TEM BARNETTE, COUNCILMEMBERS WOLFE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED THREE TO ONE. Mayor Pro Tem Barnette stated that the second reading would be on May 8. 13. PLAT REQUEST, PS #00-01, BY TIMOTHY JAWOR, TO ACCOMMODATE A SIX-UNIT TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E: Councilmember Billings stated that he would be abstaining from the discussion and the voting on this request. Mr. Bolin, Planner, stated that Mr. Miller, Mr. 7awor's partner, is representing Mr. 7awor this evening. Mr. Bolin stated that Mr. Jawor is seeking a replat of Lot 11, Block 1, Melody Manor. He would like to create seven separate lots to construct a six-unit townhome development complex at 7411 University Avenue. The property was rezoned last year to R-3 to allow multiple dwelling complexes. The properties immediately adjacent to the north and south are zoned R-2. To the east is R-1 zoning district with a church located on the property. Across University Avenue is commercial property. This is a preliminary plat itself. There would be six individual lots, one for FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 20 each unit, and the seventh lot would be the remaining space. A drive aisle is on the north side of the property with the garage doors facing the north. Mr. Bolin stated that the petitioner submitted Option A on March 28 that incorporated brick all the way around the building. A few days later, the petitioner called back and said that Option A had been submitted in error, and that he would prefer to see brick as proposed in Option B. The Planning Commission recommended approval and amended the third stipulation as it relates to brick to read that "the amount of brick used on the building shall resemble Option B on the north elevation, and modified Option B on the south elevation to be four panels of brick between the decks unless another is negotiated with staff." Mr. Bolin stated that he had a telephone discussion with Mr. Jawor, and he requested that the City Council not consider Planning Commission's Option B. He said his first choice is the original Option B proposal. He felt that he liked the looks of his Option B or even the looks of the City's Option A over the revised Option B. Staffrecommended approval and that the original Stipulation No. 3 requiring the brick to be a continuous band around the building be included as worded in the stipulations. Staff proposed that the wording would read as follows: "The amount of brick used on the building shall be finished as illustrated in Option A as attached to the packets submitted on March 20, 2000 to give the building a four sided finished appearance." Mayor Pro Tem Barnette asked if Mr. 7awor and Mr. Miller met with staff prior to March 28 and if there was discussion about the brick. He asked if there was an understanding of what was going to be presented by the petitioner. Mr. Bolin stated that they did not have anything drawn by the petitioner to show the options with brick on it until March 28 when they received Option A. Councilmember Bolkcom stated that she would like to understand the City's reason for Option A. Mr. Bolin stated that staff's job is to try to get the best finished product possible for the City. There is a requirement in the City Code that requires brick or masonry on buildings in the R-3 district. The City also strives to have commercial district buildings to be finished on all four sides so the building looks balanced and does not give the appearance that one side is any less important than the other. Option A gives it the balanced look on all four sides. Councilmember Bolkcom asked how it compares to the townhomes at Christianson Crossing as far as the brick. Mr. Bolin stated that with the Christianson Crossing, there are a few buildings that face towards Mississippi Street that do not have quite as much brick on them as some interior buildings that have brick on all four sides. Not all the houses on the Christianson Crossing development have brick on the building. Ms. Dacy, Director of Community Development, stated that a lot of comparisons have been made to the Christianson Crossing development. This was a total package that was negotiated. A lot of the architectural elevations were determined based on a lot of factors. The bottom line with staff's recommendation, is that it is a recommendation. Each project is different, this project is highly visible on both sides of the north and south elevation. Option A looks better. Staff tries to FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 21 give options and recommendations. They are suggesting that the brick going all the way around makes the project that much better. Mayor Pro Tem Barnette stated that he thought the brick on the Bar�fill development looked nice. Mr. Bolin stated that Bar�fill did not need to receive any discretionary stipulations from the City. It went straight to the building permit. Councilmember Bolkcom stated that part of the reason to have brick also is to blend in with the apartment buildings that have brick. Mr. Bolin stated that was correct. Along University Avenue there is brick with the apartment buildings and immediately adjacent to the property as well as the commercial buildings on University Avenue. Councilmember Wolfe stated that even if they build Option A or Option B, it is not going to look like the two apartment buildings on either side. This is just a recommendation. Ms. Dacy stated that it is a recommendation, but staff felt it did have merit. It is a different style than the adjacent apartment buildings, but the brick element is e�sting on the adjacent buildings. Mayor Pro Tem Barnette stated that at the Planning Commission this was a big item for discussion. He thought staff was spending a lot of time on an issue that is not that important. He thought the building looked nice and fit in beautifully. The petitioners have nothing but support except for the brick issue. The petitioners tried to compromise by bricking the corners and two sides. He thought Option B was something he could live with. Mr. Max Miller, partner of Tim Jawor, stated that the reason they preferred Option A or B was that Option C did not tie the brick together structurally, as they thought it should and would not give the City what it is looking for. They felt that they did tie the brick together with the adjoining buildings by doing Option B. On Option B at the south side of the building, plants and air conditioning units would be blocking most of the brick anyway. They felt it was important to bring the brick to the side of the building and tie it in with the neighborhood. Councilmember Bolkcom stated that the reason they are not in favor of Option A is because it is a lot more expensive. Mr. Miller stated that is the reason, and it is not an efficient use of the funds because it would not really add anything to the building. Councilmember Bolkcom asked what the difference was. Mr. Miller stated that they were looking at a difference of about $4,000 for the whole project with a difference of cost basically being $1,000 per unit. Councilmember Wolfe stated that he also thought that if they kept making everything look the same it will make Fridley a sterile little town. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 22 Councilmember Bolkcom stated that they are making everything look basically the same because they are looking at buildings that were built in different eras. She thought Council had to look at what staff was saying because they do this for a living, and there was a lot of discussion about the brick from the Planning Commission. She thought it was a good project, and there would be more green space than the last project. Mayor Pro Tem Barnette asked Mr. Miller if he looked at Option B and adding additional brick. Mr. Miller stated that he would prefer to put the e�tra money in. He did not feel that he would accomplish what they were trying to do, and it would look even worse. They would have to do this in a correct architectural way, and that option would not be correct. He believed they had to do Option A or B. Option C would not look good. Councilmember Bolkcom asked Ms. Dacy and Mr. Bolin if they agreed that revised Option B was better offthan Option B. Mr. Bolin stated that Option A was the most ideal. The revised Option B does not accomplish what the City wants, but A or B would be okay. Ms. Dacy stated that she thought the Planning Commission was trying to find a constructive type of compromise. The developer took a look at it. Staff agreed with the developer that it is either Option A or B. MOTION by Councilmember Wolfe to approve the plat request PS #00-01, by Timothy Jawor going with original Option B with the following stipulations: 1) A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to the issuance of any building permits; 2) The parking lot shall be constructed to code standards; 3) The amount of brick used on building shall resemble Option B on the north elevation with the four panels of brick between the decks, unless another is negotiated with City staff; 4) A code required fence shall be e�tended along the entire east side of the property; 5) All elements of the building must meet the current building code and be approved by the City Building Official; 6) Screening berm on west side of property must meet the zoning code requirement for height; 7) The petitioner shall submit a utility plan prior to the issuance of any building permits; 8) The petitioner shall pay applicable park dedication fees of $750 per unit prior to the issuance of the building permit; 9) Final landscape plan must meet code requirements for number of and sizes of plantings and must be approved by City staff prior to the issuance of any building permits; 10) All green space must have irrigation installed and be sprinkled; 11) The proposed walkway shall be concrete; 12) A 12 foot utility and drainage easement shall be granted along the entire eastern edge of the property prior to final plat; 13) A 10 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat; 14) A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit; and 15) The petitioner shall comply with all state regulations regarding townhome associations.. Seconded by Council-member Bolkcom. MOTION by Councilmember Wolfe to amend Stipulation No. 3 as follows: "3) The amount of brick used on the building shall resemble original option B as submitted on March 31, 2000." Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 23 UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, AND BARNETTE VOTING AYE, COUNCILMEMBER BILLINGS ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Pro Tem Barnette asked for a vote on the main motion in favor of the main motion of plat request PS #00-01. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, AND BARNETTE VOTING AYE, COUNCILMEMBER BILLINGS ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she, Mr. Flora, and Mayor Pro Tem Barnette had the pleasure of ineeting with MnDOT regarding the noise wall. There are still a couple of people who were not happy about the noise walL Most people were happy with the additional space they would have. The fence would be coming out, and the wall is a little more decorative than presented. Overall, it was a good meeting. Construction will not begin until fall. MnDOT stated that they would send out additional information letters before starting the project. Mayor Pro Tem Barnette stated that a number of people will be gaining 20 feet after the noise wall is constructed. People were asking how the City would maintain this, but this is all State right-of-way, not the City's property. People are more than welcome to maintain that as part of their backyard. Councilmember Bolkcom stated that if anyone has questions they can call Mr. Flora. There is a concern about the East River Road project. The neighborhood is concerned about making the right hand turn on to Liberty Street. It would be a very costly revision. Mr. Flora stated that when East River Road was rebuilt, they offset Liberty Street to give the east and west sides a better turning motion with traffic. The west side of Liberty Street was moved north and the east side was moved south. The median on East River Road was installed for the northbound turn onto Liberty Street, so they would have to redo the intersection and entire median section of East River Road as well as both entrances on Liberty so the vehicles can enter and e�t off East River Road. Councilmember Bolkcom asked if Liberty Street would be closed on the left side. Mr. Flora stated that one option is to close the median and then you would not be able to cross East River Road. Liberty Street is now the one e�t to the east and west off East River Road. It is not built to allow for through traffic. Options are to close the median and put a larger distance on the crossing on East River Road, do nothing, or redo the entire section of East River Road and Liberty Street. Councilmember Bolkcom stated that they would continue to look at this and factor in the cost. Mr. Flora stated that it should be done relatively soon. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 24 ADJOURN: MOTION by Councilmember Wolfe to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE APRIL 24, 2000 CITY COUNCIL MEETING ADJOURNED AT 10:01 P.M. Respectfully submitted, Signe L. Johnson Robert L. Barnette Recording Secretary Mayor Pro Tem