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09/25/2000 - 00008856THE 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 7orgenson, 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. MOTION 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 Forei�n 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 each 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'°� of September 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 5943 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 fill 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 F1NAL ESTIMATE: W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, NIN 55330 Rice Creek Bank Stabilization, Phase II Project No. 333 F1NAL ESTIMATE W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, NIN 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 si�ty 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 ne� year. Councilmember-at-Large Barnette stated that Hillcrest Drive is scheduled for sealcoating ne�t 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 appro�mately $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 e�tremely 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 corporate headquarters are in Denver. Current shareholders are 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 e�tra 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 750 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 56,000 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. Mr. Julian stated that the benefits to 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 with 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 near future. Councilmember Billings asked Mr. 7ulian clarification regarding 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 first 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. 7ulian would expect the entire Minneapolis/St. Paul area to be up and running at approximately the same time or if would be phased in over multiple periods. Mr. Julian stated that it would take appro�mately 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 ne� one. Councilmember Billings asked Mr. Julian, regarding the Institutional network (I-net), what kind of provisions e�sted 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. 7ulian 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. 7ulian 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 e�tra 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 ne�t 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. NEW BUSINESS: 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 Northstar 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 61st 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 commercial/industrial 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 60th Way,and another one is proposed at mid-block No longer is there vehicular access from 61st 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 61St 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 61st 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 61st 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. Staffs 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 appro�mately 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 off. 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 ne�t 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 61st 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 61st 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 61st 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"d 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 77th 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 appro�mately 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 are 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 ne�t 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. 7ohnson 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 fi�tures. Redoing the light fi�tures 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 61st Avenue. This forces people to access the parking lot from Main Street as opposed to 61st 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 being 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 around 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. Mr. 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 61St 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 61st 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 ne�t 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. 85-2000 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 e�sting 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 e�st 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 thirteen 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 staff. 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