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05/08/2000 - 00008754THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 8, 2000 The Regular Meeting of the Fridley City Council was called to order by Councilmember Barnette at 7:35 p.m. PLEDGE OF ALLEGIANCE: Councilmember Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings 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. PROCLAMATION: Police Week: May 14 - 20, 2000 Mayor Jorgenson stated that our community joins with other cities and towns to honor all peace officers. Sergeant Michael Trancheff and Corporal Robert Rewitzer accepted the proclamation on behalf of the law enforcement officers and thanked the City Council. 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 JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2000. 2. APPOINT PLANNING COMMISSION AND HRA MEMBERS TO JOINT TASK FORCE BETWEEN THE CITIES OF FRIDLEY AND COLUMBIA HEIGHTS: Mr. Burns, City Manager, stated that at a joint meeting on February 29 the Cities of Fridley and Columbia Heights voted to establish a joint task force to study the impacts of the Medtronic project on the two cities. Each City is to appoint four representatives to the task force. Fridley's representatives include representatives from the City Council, the HRA, the Planning Commission, and the business community. Mr. Burns said that staff recommended the appointment of 7ohn Meyer from the Fridley HRA and Diane Savage from the Fridley Planning Commission. Staffrecommends Council's approval. APPOINTED DIANE SAVAGE AND JOHN MEYER TO THE JOINT TASK FORCE. 3. APPROVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON FOR THE RECONSTRUCTION OF STINSON BOULEVARD BY THE CITY OF NEW BRIGHTON: Mr. Burns, City Manager, stated that New Brighton is proposing to reconstruct Stinson Boulevard between Rice Creek Road and a point just south of Gardena Avenue. Since half of this border street is located in Fridley, the City was asked to participate financially. Fridley's share of the cost was estimated at $131,574. State Aid funds could be used for this purpose. Staff recommended Council's approval. APPROVED CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON FOR THE RECONSTRUCTION OF STINSON BOULEVARD BY THE CITY OF NEW BRIGHTON. 4. RESOLUTION NO. 33-2000 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2001: Mr. Burns, City Manager, stated that this was a one-year e�tension of a contract that was scheduled to expire on June 30, 2000. Under the terms of the contract, the Fire Department provides regional hazardous materials response for the State of Minnesota. Under this agreement the City is given equipment and is reimbursed for staff time. The FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 3 terms of the contract are the same as for the current contract except for cost-of-living adjustments to the reimbursement rates for firefighters' salaries and fringe benefits. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 33-2000. 5. RESOLUTION NO. 34-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE CHURCH OF THE IMMACULATE CONCEPTION (KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E.): Mr. Burns, City Manager, stated that the Church of the Immaculate Conception operates a bingo program at the Knights of Columbus Hall on Highway 65. The resolution would e�tend their license from July 1, 2000 to June 30, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 34-2000. 6. RESOLUTION NO. 35-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E.: Mr. Burns, City Manager, stated that the Knights of Columbus also has organized bingo at their hall on Highway 65. The resolution would e�tend their license to operate from July 1, 2000 to June 30, 2002. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 35-2000. 7. ESTABLISH A PUBLIC HEARING FOR MAY 22, 2000, ON PROPOSED ORDINANCE AMENDMENTS TO CHAPTER 2 OF THE CITY CHARTER: Mr. Burns, City Manager, stated that the Charter Commission has completed work on Chapter 2 of the City Charter. They developed ordinance amendments relating to the determination of Council vacancies. Staff recommended Council's approval. ESTABLISHED A PUBLIC HEARING FOR MAY 22, 2000. 8. ESTABLISH A PUBLIC HEARING FOR MAY 22, 2000, ON PROPOSED ORDINANCE AMENDMENTS TO CHAPTER 5 OF THE CITY CHARTER: Mr. Burns, City Manager, stated that the Charter Commission has completed work on Chapter 5 of the City Charter. As a result of this work, they developed ordinance amendments relating to the initiative, referendum and recall provisions of the City Charter. Staffrecommended Council's approval. ESTABLISHED A PUBLIC HEARING FOR MAY 22, 2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 4 9. CLAIMS: APPROVED CLAIM NUMBERS 93065 THROUGH 93286. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. 11. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 2000. $ 5,000.00 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGESON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: Mr. Dennis Johnson, 6336 Starlite Boulevard, stated that Northern States Power (NSP) clear-cut trees behind his house which were on railroad property. Now there is no buffer or privacy from the Northstar Commuter Rail that may be built behind his house. He said he expected the City to be able to get together with the neighbors and NSP to work this problem out. Those houses were there before the power lines were put up. He expected that the City would back up a letter from 1955 that states that the village of Fridley guarantees as follows: "Planting of a row of trees along the entire area adjacent to the Railroad right-of-way at the west boundary of the subdivision as per F.H.A. requirements, including woven wire fence according to F.H.A. requirements." Mr. Johnson was very upset about the situation. Councilmember Bolkcom asked Mr. Flora if NSP needs to get a permit from the City or tell the City when they are going to cut trees. Mr. Flora stated that they are supposed to tell the City when they are going to do it per the franchise, but they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 5 Councilmember Wolfe stated that NSP cut the trees down without telling the City. Mr. Johnson asked if they could work with the Northstar Committee to replant some trees back there because of the station stop being so close. Councilmember Bolkcom stated that they do not want people to think the Northstar commuter rail is a done deal. Council would like to have a neighborhood meeting to receive input. In 7une there will be a letter mailed to the neighborhood about the project. Councilmember Barnette stated that he gives the neighborhood people credit for alerting the City. Unfortunately, the City was not able to stop the trees from being cut. He felt it would behoove the neighborhood to attend the meetings about the rail to discuss getting some plantings there. Mr. Myron Sjorstrom, 6240 Starlite Boulevard, stated that when he moved into his house in 1957, he wanted trees and a buffer zone. Now it is all gone. Last fall, the railroad came by and made a road there. Trucks drove in his back yard and pushed down the lilacs he planted. Mr. Burns stated that he walked back there and saw that it was clear-cut and very barren. Councilmember Bolkcom asked Mr. Burns if they could try to set up a meeting with NSP and the neighborhood. Mr. Burns stated that they would try. The land is not the City's land, and NSP has not broken a contractual relationship. It is called being a good neighbor, and Fridley has a long history of working with NSP. Mayor Jorgenson asked if the neighbors would be willing to have trees planted on their property so this would not happen again. Mr. Sjorstrom stated that NSP had someone knocking on people's doors stating that they were only going to trim certain trees. Ms. Mary Sjorstrom, 6240 Starlite Boulevard, stated that she thought Council owed them a letter that there was an intent to have this work done. No one can work in Fridley unless you have a permit. Mr. Burns stated that the City did not know about this. Ms. Sjorstrom stated that she felt very sorry for the people who are going to live in their house because they are going to sell in a few years. Councilmember Bolkcom asked Mr. Flora if NSP had to obtain a permit. Mr. Flora stated that they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 6 Mr. Hickok stated that tree-trimming licenses are an annual license. They do not come in on a per job basis. PUBLIC HEARINGS/OLD BUSINESS: 12. CONTINUATION OF PUBLIC HEARING ON SPECIAL USE PERMIT, SP #76-08, TO NORMA WILSON, ALLOWING AN APARTMENT TO EXIST WITHIN A SINGLE FAMILY RESIDENCE IN A R-1, SINGLE FAMILY RESIDENTIAL DISTRICT, GENERALLY LOCATED AT 401 IRONTON STREET N.E. (CONTINUED APRIL 10, 2000) (WARD 3): and, MOTION TO REVOKE A SPECIAL USE PERMIT, SP #76-08, TO NORMA WILSON, ALLOWING AN APARTMENT TO EXIST WITHIN A SINGLE FAMILY RESIDENTIAL DISTRICT, GENERALLY LOCATED AT 401 IRONTON STREET N.E. (TABLED APRIL 10, 2000) (WARD 3): 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 JORGESON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:10 P.M. Mr. Hickok, Planning Coordinator, stated that on April 10, Council considered revocation of Special Use Permit, SP# 76-08. Council made a motion to hold this hearing open until this evening. As a separate action, Council required that the owner immediately have the tenants in the apartment vacate the second floor. That evening staff compiled a list of what Council required. The ne�t morning staff was contacted by Ms. Willson indicating that she was interested in picking up a letter at the City. She picked up the letter staff put together. The letter was laminated and put on both entryways to the household. It was very clear to Ms. Willson and the tenants. The letter indicated that Ms. Willson was to request an inspection by the City's building inspection staff. To date, that inspection has not been requested. Secondly, Ms. Willson was to contact a licensed building professional and complete all the necessary work to bring the structure to a safe compliant condition or have the knowledge of what needed to be done to make that happen. Ms. Willson called Ms. Dacy, Director of Community Development, on Monday, May 8, 2000, to tell her that she had the name and number of a contractor if the City was interested in calling. She was to obtain building permits for all work required. To date, no permits have been requested. Ms. Willson was to prepare an aggressive repair schedule including benchmarks for the repair accomplishments and dates of completion of those accomplishments. She was to have the presentation ready for Council this evening. Mr. Hickok stated that Mr. Ralph Messer, Rental Housing Program, was present that evening to answer any questions. Staff recommended that Council close the public hearing and proceed FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 7 with revocation of Special Use Permit, SP #76-08. Based on the fact that Ms. Willson has no rental license, Council should be aware of the fact that tenants still reside at that address. Mr. Messer stated that a telephone call was received on May 2 at 12:42 p.m. A computer printout from the Fire Department lists a telephone call from 401 Ironton Street for a 911 call from Apartment 1. Ms. Jane Parker, 401 Ironton Street, stated that she made that 911 call because the neighbor's house has a light in the trees that is zapping tree branches and starting a fire there. Councilmember Bolkcom asked Ms. Parker if she was informed by Ms. Willson that she needed to move. Ms. Parker stated that she was. Councilmember Bolkcom asked if the notice was posted on the building. Ms. Parker stated that it was not posted on her door. She asked why over the course of two years that she has lived in this house she was not notified that the house was such a fire hazard. She indicated that she never received any due process on the eviction notice. The letter was from the City Council, not a judge. She found a new place to live, but she needed another week or two because they are renovating that place. Councilmember Bolkcom stated that Ms. Willson did not have a rental license. Ms. Parker stated that she was unaware of that. Councilmember Bolkcom stated that Council was concerned about the safety of the tenants. Council agonized over the fact that it was an immediate eviction notice. Mr. Messer stated that they sent inspection notification letters to the tenants. Ms. Parker stated that she never received any letter. Mr. Burns stated that unless Ms. Parker lived there prior to 1995, she would not have been notified. Mayor Jorgenson asked when Ms. Willson was told that she needed to vacate her tenants. Mr. Messer stated that she was supposed to vacate the residents on the top floor and basement not later than September 30, 1999 to reduce the number of residential dwelling units to two. Mayor Jorgenson asked if information was given to Ms. Willson in 1999 that she needed to vacate all of her tenants if she no longer had a rental license. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 8 Mr. Messer stated that this was in response to her inquiry as to why the City was not willing to renew the rental property license. On August 31 in a meeting with himself and Mr. Hickok, Ms. Willson agreed to remove her tenants thirty days after that meeting. She was given the choice of having two units. If she lived in one, she could rent one. If she decided to live elsewhere she would be able to rent both. Ms. Willson stated that in August she was not told to vacate the second floor. She asked why her property is called a fire hazard? Councilmember Bolkcom stated that she was given an opportunity at the last public hearing to give her side of the story. It is not necessary to rehash what happened in August of last year. She would like to see what Ms. Willson has done so far and why she did not make sure that the tenant was out. Mayor Jorgenson stated that Ms. Willson had asked at the last hearing to have an inspector come out to review the work she had done on the property. Ms. Willson stated that an inspector came and told her what had to be done. Councilmember Bolkcom asked Ms. Willson if she received a letter dated April 10 that stated that she must have another state inspection so she knew what she needed to have done. Ms. Willson stated that she did not understand that at all. The contractor stated that he would get any permits, but he did not understand everything either, so he wrote a letter about what he would do in si�ty days. Councilmember Bolkcom asked Ms. Willson how the contractor knew what to fix if there was no inspection. Ms. Willson stated that he has been out there to inspect it. She had the letters to show him. MOTION by Councilmember Bolkcom to receive the letter from Robert Gary Builders. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated that this document is unsigned. Ms. Willson stated that the letter states that he will sign it after he finds out what all had to be done. Mayor Jorgenson stated that in the first paragraph the contractor left out the details of his services. It states that additional work must be done by a change order agreed to by only Ms. Willson and himself. The document is unsigned, and Ms. willson needed an inspection to FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 9 ascertain what work needed to be done. She needed to have a written aggressive plan with a contract. Councilmember Bolkcom stated that she expected the contractor to state specific corrections by specific dates. The letter Ms. Willson was given by staff specified that she was supposed to have an aggressive repair schedule including benchmarks for repair and dates for completion. Ms. Willson stated that the contractor said he would have it completed in si�ty days. Councilmember Bolkcom stated that he does not know what to fix. Ms. Willson stated that she gave him all the letters she had, and he picked out what he had to do. He did not sign it because he said if there was anything else that needed to be done, he would do it. Mayor Jorgenson stated that she is unsure why Ms. Willson did not have an inspector come out to inspect the property. Ms. Willson stated that she did not understand that. Mayor Jorgenson stated that at the last meeting they spent an hour and a half making it perfectly clear what she needed to do. Ms. Willson stated that she never got a list. Mayor Jorgenson stated that she said Ms. Willson showed all the letters to the contractors about the work that needed to be done. She asked Ms. Willson how she could show the contractor what the letters required she did not have a complete list. Ms. Willson stated that the contractor said if there was anything else he would do it. Councilmember Bolkcom stated that Ms. Willson told Council that she understood what Council expected her to do. Ms. Willson asked how they could inspect anything else without the work being done. Councilmember Bolkcom stated that Ms. Willson would need to apply for a permit. Then, as the work goes along, inspections need to be conducted. Ms. Willson stated that her contractor did not have much time to apply for a permit. Councilmember Wolfe stated that at the previous Council meeting, Ms. Willson stated that she did not receive any letters. Now she has a whole bunch of letters. Ms. Willson stated that she had the letters from a couple of weeks before that meeting. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 10 Councilmember Barnette asked if Ms. Willson could resubmit the special use permit to rent the property. Mr. Hickok stated that the current code in an R-1 single family zoning district does not make provisions for a special use permit like the one this evening. In the mid-70's it was available. Ms. Willson stated that she could come in tomorrow to get a permit. Councilmember Bolkcom stated that there has not been an inspection for the contractor to know what needs to be done. Ms. Willson stated that there were six people that came together to inspect it. Councilmember Bolkcom stated that there has not been a current inspection done. There has been some work done since the last inspection. That work needs to be inspected to make sure it was done properly. Ms. Willson stated that they did not understand the structure of her house. It would take a bulldozer to push it down. The state inspector called Mr. Hickok twice, and the state inspector said it would cost $65,000 to fix the house. She said she wants to fix up the house so it is decent and rentable. Every year she has gotten the house relicensed and has done everything that was asked of her. The wiring was done by the City electrician's son. She has permits for electrical, plumbing and rebuilding. Mr. Hickok stated that the City's inspection revealed that there had not been proper inspections for electrical. He said there was no seal on the box indicating that a certified electrician had done the installation. Mayor Jorgenson stated that the last time Ms. Willson was here she told Council that the electrical work had done by her nephew. Ms. Willson stated that she said he had fixed the circuit breaker. Mr. Hickok read the inspection report Mr. Burns supplied. In 1960, water and sewer permits were issued. A plumbing permit was issued in 1960. A building permit was issued in 1968 to the owner. A building permit to remodel was issued in 1976, and a plumbing permit was issued in 1976. An electrical permit was issued in 1976, a plumbing permit in 1976, and a garage was built in 1977. That was when the special use permit was also issued. In 1998, a building permit was issued. In 1998, an egress window needed a permit and in 1999 there was an egress window in the basement. Councilmember Bolkcom asked if repairs on rental property had to be done by a licensed contractor. Mr. Hickok stated that they did. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 11 Ms. Willson stated that she got what the City wanted. She got the contractor. Councilmember Bolkcom stated that Ms. Willson has one-tenth of what is needed. She needed to have the building inspected and the contractor's signature. The contractor had to apply for permits and aggressively work at the repairs. She said Ms. Willson could get this done in a couple of months. The City was clear and sent a letter to her. Ms. Willson stated that the contractor could come in tomorrow and do that. He just did not have time. Councilmember Bolkcom stated that she has had a month so far to do this. Ms. Willson stated that she did not know that it takes time. Councilmember Bolkcom asked Mr. Knaak, City Attorney, if they could revoke this special use permit and allow Ms. Parker to reside at the property until she is able to move out. Councilmember Bolkcom asked what kind of liability the City would have. Mr. Knaak stated that it was hard to predict what the liability would be. There would be some exposure, but he suspected it would be brief and minimal. Councilmember Wolfe asked Mr. Knaak if Ms. Willson would be responsible for the tenants. Mr. Knaak stated that this issue has to do with tenant protection and has to do with enforcement of the City's tenant code. The fact that a landlord may have knowingly rented property that a person should have known required a license has to do with conditions of habitability and a good argument could be made that it would have been a breech between the landlord and the tenant. The conflict would have been there. The City is focusing on the obligations to the law, and the rental code not requiring the City to somehow become a landlord. Mayor Jorgenson stated the letter was posted on the premises in the event that Ms. Willson did not communicate to the tenants the unsafe conditions and that it would give notice of those conditions. Mr. Knaak stated that posting was intended to notify the tenants of what is going on with the property. It is entirely appropriate to be done that way. Mayor Jorgenson asked if there was a section in the State Statute that requires the City to give a notice of so many days. Mr. Knaak stated that there has been no inappropriate conduct by staff. No violations of any notice provision have been made. Councilmember Bolkcom asked what reasons or finding of fact do they present for revoking a special use permit. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 12 Mr. Knaak stated that the critical thing is that the decision be made on record and when the motion was originally made it particularized the basis of the decision of the Council on record. That is all they are legally required to do. Mayor Jorgenson asked Mr. Knaak if the revocation requires a majority vote. Mr. Knaak stated that it would. It is not a non-renewal. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING AS CLOSED AT 8:53 P.M. MOTION by Councilmember Bolkcom to remove the motion to revoke Special Use Permit, SP #76-08 from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to revoke Special Use Permit, SP #76-08, to Norma Willson, allowing an apartment to e�st within a single family residential district, generally located at 401 Ironton Street. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to grant a temporary license to 7ane Parker to live at the premises located at 401 Ironton Street until May 20, notwithstanding the revocation and other actions taken by the City Council revoking the special use permit authorizing the use of the premises as a multiple rental site. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. DRAFT OF THE CITY OF FRIDLEY' S COMPREHENSIVE PLAN: Ms. Dacy, Community Development Director, stated that this hearing is to receive additional comments on the proposed draft of the comprehensive plan. The action is to conduct a hearing, not approve or disapprove the plan. After the hearing, the draft would be submitted to the Metropolitan Council. After they are done reviewing it, they will provide a set of comments. The Council and the Planning Commission will have time to review the comments. Ms. Dacy stated that the City submitted an initial draft to Metropolitan Council at the end of 1999. In the last four months of 2000 additional work has done regarding the water supply, FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 13 sewer service areas, critical areas, implementation, and runoff from properties and how it affects storm sewer systems and how that affects the rivers and creeks. Ms. Dacy stated that there is a really strong need to identify what is unique and the strengths of the neighborhoods in Fridley regarding community livability. The State requires a few paragraphs pertaining to aviation. The Parks and Recreation Commission spent additional time on bikeways and walkways. There are a couple of sets of recommendations to make links in the areas of the southwest part of Fridley and the northwest part of Fridley. Ms. Dacy stated that they are trying to address community ideas and visions that were identified during the meetings two years ago. The plan also identifies three areas of the City that need additional study and analysis for potential redevelopment. It looks at the area around 73ra Avenue and where the salvage yards are. The area along Central Avenue is a potential area for redevelopment. The areas around I-694 and the Medtronic site may be affected in the future. The HRA is looking at a townhome redevelopment site along 57th Avenue and University Avenue. They need to support the buses and railways and bikeways/walkways for other modes of transportation. Decorative improvements to make connections between the different areas of the City are being looked at. The plan suggests that we maintain the livability of the neighborhoods and keep what is good about Fridley strong. They need to maintain the quality of the parks and open space and preserve the natural resources along Rice Creek and the Mississippi River. All cities along the Northstar Commuter Rail site have been asked by the Metropolitan Council to do a station area plan process to work with the neighborhood and come up with the plan. Councilmember Barnette where possible to help redevelopment. stated that mobile home parks are to be maintained and enhanced alleviate some people's concerns that the parks will be open for Councilmember Bolkcom stated that Ms. Dacy, staff, and the Planning Commission should be commended for all the hard work they have put into this. Mr. Monty Mayer, 7965 Riverview Terrace, stated that he lives on the other side of the train tracks. The trains get stopped every now and then. Once he sat waiting for a train to go for 45 minutes. Pertaining to commuter rail, he thought it was somewhat of a good idea, but it is like jumping on the gun. He thought things should be looked at more. This is a plan that would pay off twenty years down the road. There are a lot of "ifs". To make it blend in with the community they should look at going around the beltway instead. Commuter rail would make University Avenue a whole lot different. Rather than running a rail, they should add another lane on University for the buses and see how that works. Councilmember Barnette stated that he believes the commuter rail would use the e�sting tracks. Mr. Mayer stated that was his first comment, and right now those rails are blocked up. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:53 P.M. 14. REQUEST BY K.J.'S RESTAURANT FOR AN INTOXICATING LIQUOR LICENSE: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:54 P.M. Mr. Pribyl, Finance Director, stated that Kenneth and Delores Steies applied for an into�cating liquor license for a business to be called K.J.'s Restaurant and Bar to be located at 8298 University Avenue. This was formerly the Moose Lodge. The Steies have a purchase agreement with the Moose Lodge to purchase the property upon approval of the license. Fridley City code requires that a public hearing be held before issuing a license. Attachment 1 is the public hearing notice for K.J.'s. Mr. Pribyl stated that the application has been forwarded to the Police Department for the required background investigations. Based on the investigation, Public Safety Director Sallman has found no reason to deny this request. Attachment 2 is the memorandum prepared by Director Sallman. Staff recommended holding a public hearing regarding issuance of a proposed into�cating liquor license. Mr. Sallman stated that they conducted a background investigation on Mr. Steies. Relative to calls for service, the calls for K.J.'s were not particularly distressing. Mr. Steies left out information that he had an establishment in Minneapolis for a short period of time. Fridley does not have those calls for service yet due to the other cities not having time to forward records. The Steies were denied an application in the City of Spring Lake Park for a liquor license. The reason given was because of the history in Blaine and the pro�mity to a senior living complex in the proposed location. In 1995, an out-of-court settlement was reached concerning an illegal gambling charge with the state and no criminal record resulted from that at the Blaine location. Mr. Sallman stated that there were people who described the crowd as a rough biker crowd. The Steies describe their customers as ages 30 to 80. They checked with the State Gang Task Force, and there is no indication of any known bike gangs. Councilmember Bolkcom asked if it made sense to wait for the needed information before proceeding. Mr. Sallman stated he would like to review the information. Councilmember Bolkcom asked if he knew when they would receive that information. Mr. Sallman stated he did not know. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 15 Mayor Jorgenson stated that there was some delay in processing this application. Mr. Sallman stated that part of the problem is that the investigators are the same ones who do criminal investigations. These background investigations do not take priority over criminal investigations. Many cities have the same issues. Mayor Jorgenson asked how the police reports would rate in comparison with other similar establishments. Mr. Sallman stated that it would be similar to what they have seen at Main Event. They really do not present an issue relative to police officers. Mayor Jorgenson stated that Mr. Steies held the position of District Governor, District President and District Board Member of the Lion's Club. Mr. Sallman stated that was correct. Councilmember Bolkcom asked if in the application they want to make sure that the applicants have the 40% (forty percent) food, 60% (si�y percent) alcohol rule for percentages. Mr. Pribyl stated that was correct. Councilmember Barnette stated that he assumed that the building's needed repairs have been considered. Councilmember Bolkcom asked Mr. Steies to explain his vision for the establishment. Mr. Kenneth Steies, applicant for K.J.'s Restaurant and Bar, stated that there would be more people in the age range of 30 to 40 years. They did business with the seniors, especially at Columbia Heights, when they were ne�t to senior high-rises. There would be a full menu with the lower level being a banquet facility with weddings already booked for 7une. They do some specials for prices on hamburgers to get people to purchase food rather than just drink. He understands the background check Mr. Sallman was talking about. In Blaine his staff was told by the police chief that anytime they had any kind of problem they were supposed to call. They got rid of the problem before it got bigger. Mr. Steies stated that according to what he is seeing, they would not be approving the liquor license tonight. It is only a public hearing. The Moose Lodge is under foreclosure on May 15, and they need to do the closing on this before May 22. He is certainly not going to close on a $1,000,000 operation before he has the liquor license in hand. They will be doing about $250,000 in renovations and will include all the stipulations on the special use permit. Councilmember Bolkcom stated that she was going to make a motion to continue the public hearing because they do not have the applicant's information. It is the normal policy to have all the information. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 16 Mr. Steies stated that the Minneapolis operation was the old Arthur's, and they had it for approximately five months. He could not remember any calls for that place. Mayor Jorgenson stated that if this went to foreclosure it would become more difficult for Mr. Steies to take the property over as well. Mr. Knaak stated that it could. It could possibly be easier. Mr. Steies stated that typically it is about one and one-half years down the road. He would not be interested in that. Mr. Knaak stated that he does not know the circumstances of the transaction, but the e�stence of a foreclosure may accelerate the process. Mr. Steies stated that they intended to close on May 2 but received a fifteen-day e�tension because of the delays. Councilmember Bolkcom asked if they could allow the license application to be approved before all the information was received. Mr. Knaak stated that they could provisionally grant the license subject to a review by the State. The other option is to grant a temporary license. That would be for a certain period of time to allow time for the review. Councilmember Barnette stated that he does not imagine Mr. Steies is interested in a temporary license. Mr. Steies stated that they would not be opening immediately due to the work that needs to be done. The license could start June 1 or June 15. Councilmember Bolkcom stated that she thought it would be hard to grant a license tonight because they do not normally do it on the night of the public hearing. She wanted him to be able to purchase the property though. Mayor 7orgenson asked Mr. Sallman if he could guarantee that he would have the information from Minneapolis by May 22. Mr. Sallman stated that he could not speak for the City of Minneapolis, but he expected it to be in this afternoon. If there is concern in the report from Minneapolis, the license could be revoked. Mr. Knaak stated that was correct. Mr. Sallman stated that Mr. Steies knows what the information is coming from Minneapolis and has accepted that risk. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 17 Councilmember Bolkcom asked Mr. Sallman if his recommendation is that they grant the license because the calls for services at his other establishments are not that much different than the calls they receive from other Fridley establishments. Mr. Sallman stated that he does not have any issues with the police background check. He just wanted to make Council aware of the other things in the report, so they are not surprised if they hear it later. Mr. Steies stated that he was willing to take the chance because there were no problems at the Minneapolis establishment. Councilmember Bolkcom asked if they would be setting a precedent. Councilmember Wolfe stated that part of the delay was that there was a criminal investigation delaying this investigation. Mr. Steies stated that he thought a lot of the other licenses did not offer the food percentages either. Councilmember Bolkcom stated that they do not want bars in the City only offering alcohol. Mr. Steies stated that he understood that. Mayor 7orgenson asked Mr. Knaak if they could do this without setting a negative legal precedent. Mr. Steies stated that his application came in March 3. Councilmember Bolkcom asked what the normal time frame was after the application comes in. Mr. Sallman stated that there is no normal time, it depends on the history and background. If there is no history or background, it could only take a couple of days. If there is a long history of liquor licenses, it takes longer. The communication was difficult in this case because they had a lot going on. Mayor Jorgenson asked if licenses fall under the si�ty-day action law. Mr. Hickok, Planning Coordinator, stated that the land use action on the special use permit was done already. Mr. Knaak stated that Council could set conditions on licenses at any time. It is not unheard of that a condition might be a specific time for review. The license restrictions usually have to do with the license location, time and configurations of the establishments. It is conceivable to grant a condition to the license requiring that there would be a review and approval by the public safety department. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 18 Councilmember Barnette stated that they always have the leverage that if things do not work out they could revoke the license. Mr. Steies is a long- time resident of Fridley, and he probably feels responsible to make a decent place in Fridley. Mr. Pribyl stated that the logical time frame for approval depends on the situation and there are a number of situations where they have spent a great deal of time communicating the requirements. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15. MOTION by Councilmember Bolkcom to grant an into�cating liquor license to K.J.'s Restaurant and Bar subject to a final review by the Minnesota Department of Public Safety. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette asked Mr. Steies when he was planning on opening the restaurant and bar. Mr. Steies stated that they were hoping to open it by June 15 or 20. OLD BUSINESS: 15. ORDINANCE NO. 1139 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;" and APPROVE THE OFFICIAL TITLE AND SUMMARY ORDINANCE FOR PUBLICATION: Mr. Flora, Public Works Director, stated that they held the public hearing for the right-of-way ordinance on April 10. The first reading was held on April 24. This basic change is a verbage change to put the City ordinance in compliance with the PUC rules for the League of Minnesota model ordinance. He recommended Council's approval. MOTION by Councilmember Bolkcom to waive the reading and approve the second reading of the ordinance and approve the Official Title and Summary Ordinance for publication. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 38-2000 ADOPTING ASSESSMENT FOR RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 - 1:. Mr. Pribyl, Finance Director, stated that at the City Council meeting of April 24, there was a public hearing on this project. People came with questions that resulted in staff review. Mr. Drummond's assessment has been removed from the project. Dr. Westby's property was related to the City policy on flag lots. We have had a policy since 1992 that puts the assessment based on front footage at the setback line of the actual property frontage beyond the front end of the road. The options for a flag lot are that the resolution has the assessment based on what we saw in the last City Council meeting. This is based upon the setback line or if Council would choose to modify a smaller amount. Mr. Flora stated that Council suggested that since there were three properties on that section of the road each would pay one third. If Council changes the policy, that assessment would be $729.82 based upon the frontage of 52.13 feet. If that is the case Council could modify the assessment by motion to approve the modifications to Dr. Westby's property in reducing the front footage from 156.4 feet to 52.13 feet of the total assessment for the concrete, curb, and gutter. Councilmember Barnette asked if this affects the other two properties on the side of Dr. Westby's. Mr. Pribyl stated that it does not affect them. Councilmember Bolkcom stated that these properties were already basically a flag lot. The reason why they have the assessment is that they do not want to have the flag lots. It seems to her that it is straightforward just to split it. Mayor Jorgenson stated that this property was annexed from Coon Rapids and put into Fridley, and the street address was changed after. Mr. Flora stated that the City has a number of other properties that have flags. The issue is how do they deal with flag lots. Most properties are based on the front footage and flag lot cases are treated equally as far as their setback distance. Councilmember Bolkcom stated that if they adopt the assessment tonight, they could later go back and defer the assessment for the properties whose PINs are combined. Mr. Pribyl stated that the parcels that are currently involved in the process of combination will be abated so they have one PIN going forward and one interest charge on them. Mayor Jorgenson asked if they would have had to start the PIN combination process prior to the hearing. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 20 Mr. Pribyl stated that they should have been in the process by the public hearing. MOTION by Councilmember Bolkcom to adopt Resolution No. 36-2000 adopting assessment for Riverview Heights Area Improvement Project No. ST. 1991 - 1. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Dr. Westby's property identification number to a front footage of 52.13 and concrete, curb, and gutter to $729.82. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. RESOLUTION APPROVING A LOT CONSOLIDATION, LC #00-03, TO CONSOLIDATE TWO INDIVIDUAL PARCELS, GENERALLY LOCATED AT 1413 GARDENA AVENUE N.E. BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA) (WARD 2): and, 18. SPECIAL USE PERMIT REQUEST, SP #00-06, BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA, TO ALLOW TEMPORARY (MODULAR) CLASSROOMS, GENERALLY LOCATED AT 1401 GARDENA AVENUE (WARD 2): Mr. Hickok, Planning Coordinator, stated that he would like to combine Item Nos. 17 and 18. Both of these were reviewed by the Planning Commission at a public hearing. The Islamic Center requested a special use permit to allow installation of an 83 foot by 68 foot classroom building at the northeast corner of their current building. They also requested a lot consolidation to allow the residential site at 1413 Gardena to be on Islamic Center school property. The classroom addition would be modular sections connected by a temperature-controlled link from the modular to the building. Many locations were considered for the classroom, and the determination was made for an area that least impacted the slopes and trees. The classroom crosses over the property line of the adjacent address which is also owned by the Islamic center. The property is located on Gardena Avenue across from the Totino-Grace High School. The school faces Gardena Avenue. Mr. Hickok stated that the code requires a special use permit for a private school in an R-1 zoning district. Staff recommended approval of the lot split combination request with stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 21 Councilmember Wolfe asked Mr. Hickok if it has been the policy in the past for daycare to have adequate parking for this kind of permit. Mr. Hickok stated that this is not a consideration for a special use permit for a daycare center at this time. If it is the intention of the school to run a daycare from the home, they need to go through the process which would include a parking and site plan review. Councilmember Wolfe asked if they were using the house right now as a daycare facility. Mr. Hickok stated that he was not aware of any daycare. Councilmember Bolkcom stated that the parking lot is small. She asked if the classroom being added on would require more teachers or students. Mr. Hickok stated that there are 24 parking spaces on the site. There are 17 faculty members. There is also parking along Gardena. On-site parking is a requirement, and modifications to the parking lot may be necessary but at this time there are no plans to add new spaces. Councilmember Bolkcom asked if they needed more parking for this addition. Mr. Hickok stated that this is a temporary building and parking is not an issue. The school was looking at an addition to the school which would eliminate the need for the modular building. At the time of the permanent addition, parking would be looked at. MOTION by Councilmember Wolfe to receive a letter from Spencer and Gay Minear, 1291 Gardena Avenue South. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kais Guiga, Vice Principal of the Islamic Center, stated that the center is increasing their quantity each year. This year they teach up to the eighth grade. Ne�t year they hope to go teach tenth grade. There is not an issue with parking at this time. The students are too young to drive their own cars to school. Councilmember Bolkcom asked how many other employees they have at the school besides the 17 teachers. Mr. Guiga stated that the janitors come after school. This is a temporary solution for the ne�t couple of years. Mayor 7orgenson stated that she has received numerous telephone calls regarding the condition of the property. Mr. Qureshi, President of the Islamic Center, stated that he was able to listen to some complaints and concerns with the neighbors at the last Planning Commission meeting. They have already FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 22 started mowing all the way up to the fence now. He likes the vines on the fence because of the screening they provide, but he understands the neighbors do not like that so they are trying to address that issue. They have spent about $25,000 on landscaping for the front. They like to be good neighbors and have a number of programs that they would like to communicate with the community. There is a wellness program next week and a program on allergies, health care and dental care. He personally went out there a couple weeks ago to look at the problems. One of the problems was understanding exactly where the property line was. Mayor Jorgenson stated that in the wetlands area there are chairs, weeds, rocks and other materials dumped on the property. She asked if it was going to be cleaned up. Mr. Qureshi stated that he was not aware of anything dumped into the wetland area. He said he would make sure that when they clean up ne�t Saturday that will be taken care of. Councilmember Wolfe stated that he walked the property to check out the neighbors' concerns. There are busted tables, leaves being dumped into the swamp area and trees growing through the backstop. He was shocked at how bad the property looked. This was just yesterday. The neighbors have said that everything the Islamic Center promised they would do has not happened. The fence is overgrown with weeds, and he was very concerned about the neighbors' feelings toward this. Mr. Qureshi stated that he has listened to the concerns and said they would work on this. He would be willing to talk to the neighbors more and listen to their concerns. Mr. Burns, City Manager, stated that six years ago code enforcement was there to walk the grounds. The real problem at the time was volunteer labor. It is a huge area. He asked how it would be possible to get by with volunteer labor. Mr. Qureshi stated that it is a volunteer board, but they have people who get paid to mow the lawn. One person does it, and they are looking at hiring a landscaper. They only have one lawnmower. If it breaks down they will have a problem. Councilmember Barnette stated that the City sent many letters of information from the Values First program to the Islamic Center. If the Islamic Center becomes part of the Values First organization they can take advantage of many programs. Mr. Qureshi stated he appreciated that very much. Mayor Jorgenson stated that she has heard from the interfaith community that they would like to bring them into some of the discussions and issues of affordable homes for people in the community. Mr. Qureshi stated that they have regular interfaith dialogue with other churches and groups. Ms. Olga Palmer, 1329 Gardena, stated that on May 1 she took pictures of the area. The pictures showed propane tanks and no parking sign posted on neighbors fences. Garbage dumpsters have FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 23 garbage overflowing. This is all visible from the street. The backstop for the playground has trees growing through it. She asked about maintaining the back end of the property that the neighbors look at. The house that the Islamic Center purchased a daycare center to the best of her knowledge. The school bus that is sitting outside in the parking lot looks like a storage facility. The neighbors are quite upset. This is not maintained. With the added parking, the parking space issue should be addressed tonight before they do more expansion. The building is operated seven days a week On Sunday they double park in the street and in the no parking area in front of the school. They dump into the swampland, which is part of the Rice Creek watershed area. The rubbish pit is overflowing. Ms. Ardella Foco, 1345 Gardena Avenue, stated that she has lived ne�t to the school since 1957. The building was built in 1964, and ever since this has been an on-going problem. She has a three-foot fence. She has talked with members of this group, and no one seems to know that the fence belongs to them. There are trees overgrowing, and she has planted lilac bushes to try to deaden some of the sound from the dances the center has. The gym door is open over the weekends, and there are all kinds of people back there so she cannot go in her backyard because the people are hanging on the fence and everywhere in the back She said it was really scary because the voices are very loud. Beer and whiskey bottles are thrown on her property. That has been since the school started. The lights from the center shine into her property at night. She is asking for a privacy fence. The City promised there would be a privacy fence. There is every violation that there could possibly be. She cannot afford to move because the value of her property is going way down. The house ne�t to her could not get the price they wanted. She felt she has been ignored by the City. The parking lot they are talking about is really a basketball court. Mr. Spencer Minear, 1291 Gardena Avenue, stated that he would like to ask Council to vote no on the proposal. It is completely inadequate. The basic issues raised seven years ago when they asked for a special use permit on what they were guaranteed would be for daycare usage do not appear anywhere on the current proposal. Parking facilities are ridiculous. The existing facility is not being maintained by any level of standard. The organization did not go ahead with the daycare center seven years ago, and did not follow the stipulations. Trees and vines are going up into the neighbors trees killing them. Nothing has been done about the driveway, and there are no privacy fences. The program is what is putting the stress on the area, not the building. Mr. Omar A-Saadoon, 1509 Windemer Drive, stated that he is Chairman of the board of the school. The school has a very good relationship with the ICM, and they are working jointly on addressing these problems. The Islamic Center was designed to be a school building. He knows that Mr. Qureshi will deal with the issues of the fence and the weeds. None of the children at the school drink They are elementary school kids. Their religion prohibits drinking. This has happened from the surrounding area. Neighbors are dumping in the swamp area. The neighbors view this property as a park They will address all of these issues. Councilmember Bolkcom stated that all of the debris and junk on the property still needs to be picked up no matter who placed it there. Mr. A-Saadoon stated that they do not go into the swamp area that often. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 24 Councilmember Bolkcom stated that when the garbage is not cleaned up, pretty soon other people start dumping garbage. Neighbors stated that they have seen parents drop off kids at the school and then go and dump leaves. Mr. A-Saadoon stated that he does not know of this. Councilmember Wolfe stated that neighbors say that as students are being dropped off the parents are carrying their leaves and sticks into the swamp area. When he walked back there he did see many leaves and sticks. He grew up in the neighborhood and knows that people go back in the swamp area to drink beer. He said it is not the center's fault. Councilmember Bolkcom asked Mr. A-Saadoon if they had a daycare center. Mr. A-Saadoon stated that they have a facility for the teachers' children only. Councilmember Wolfe asked if the daycare was being run out of the blue house at 1413 Gardena. Mr. A-Saadoon stated that it was. They are in the process of obtaining the permits for it. Councilmember Bolkcom stated that to operate a daycare you need a permit. Mr. Hussein Khatib, Principal, stated that it is unfortunate that they are at this point talking about what they have done or have not done. They probably could have done a better job with communication with the neighborhood. He would like to communicate with the neighbors more because he shares a lot of the frustration with the buses and appearance. The parking space will not be an issue because they are not adding on many more students or teachers. Councilmember Bolkcom asked if they park in the street. Mr. Khatib stated that they do not. Parents may come to drop and pick up in the street. The daycare had licensing that used to be taken care of by the State. Now it is transferred to the County. The Deputy Fire Chief approved the facility and they are going through the whole process of licensing to get the G 1 or C-2 license. Mayor Jorgenson asked if they were going for a licensed child care facility or a licensed daycare center. Mr. Khatib stated that they are going for an in-home center. There will be fourteen children. The center is just as concerned for the safety of the children as the neighbors. They never have dances or parties. The addition is temporary and they would love to have a permanent addition. He asked what is so ugly about looking at a school bus. This school has buses just like other schools. They are doing their best to keep up the grounds. It is their mission at the school to provide a safe, drug-free environment. They have bigger dumpsters now. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 25 Ms. Mary Shogren, 524 Dover Street, stated that she is concerned about the children running across the street to the school as they are dropped off. Councilmember Wolfe stated that they could possibly e�tend the consideration of this for another si�ty days to give more time to work out problems with the neighborhood. Mayor Jorgenson stated that possibly a crosswalk should be considered for the children. Mr. Carlton Crutchfield, parent of a student, stated that this center was a jewel. They are here to try to allow the students a place to learn. If the ICM needs to have better maintenance and the neighbors have complaints it should be addressed as a stipulation. The school needs Council's help. He encouraged them to exercise their leadership. Mayor 7orgenson stated that they are exercising their leadership. She has worked on this property for ten years. They have exercised almost all of the means, but the property is not being taken care of. The property needs to be brought into conformance. She needs to see a marked improvement in the property. Councilmember Bolkcom stated that they heard from the neighborhood also about the safety of the kids perceived to be from the school running across the street. That is another valuable lesson to teach the children that you learn to get along and compromise. This is too adversarial. Councilmember Wolfe stated that he loves what the Islamic Center has done with their school and wishes the public school could do the same thing. The main problem is the property maintenance. That is another lesson to teach. The high school goes with the students to pick up the sand dunes. Mr. Crutchfield stated that he just wanted to make a reminder that they should be focusing on the additional space issue. He hates to see that issue compromised because of overgrown vines and bushes. Councilmember Wolfe stated that he has not heard one bad thing talked about regarding the whole organization except for that one issue. That is all they are asking right now is for the Islamic Center to earn something first. He lives in the area, and he knows that the kids that walk across the street are not Totino-Grace high school kids. It is a safety issue with the number of cars. Mr. Crutchfield stated that it is a safe environment on the grounds. The safety issue of the kids crossing the street does need to be addressed. Mr. Minear stated that he supports the school program, but the issue is that when the program impedes on the livability of his house, that has to be resolved. Stipulations that were good enough seven years ago are being completely ignored. He hopes for a little more long-term planning for what is going on. The school is substandard in how it is situated in the land. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 26 Mr. S.A. Saouoy, 151 83rd Avenue, #213, stated that he is a parent of two children at the school. The south part of the fences has been cleaned up completely, and they are working on the north side now. There are some places where the backyards of people have privacy from the vines. If the neighbors want it cut, they will cut it. He challenges anyone to say that there was no improvement from the Planning Commission meeting to today. Mayor Jorgenson stated that perhaps they could work with the Islamic Society to conduct a survey of the neighborhood to see what they would like to have done with the vines on the property. Councilmember Wolfe stated that they are trying to compromise and work together. Mr. Guiga asked if it would be possible to meet this Sunday. He will not be available but somebody else could meet. Councilmember Wolfe stated that he would like to stop by and find one of the neighbors to be a representative. Mr. Guiga stated that one of the people from the school will contact the City. Mayor 7orgenson stated that Councilmember Wolfe is considering tabling this request for si�ty 60 days with the consent of the petitioner. If they do not take action, this will automatically pass. They need to see some type of marked improvement and come to a consensus on how they can live with the proposals. This e�tension of the si�ty-day action is her recommendation also. If this did not occur Council would have to vote this evening. Councilmember Wolfe stated that the e�tension is for the Islamic Center's benefit to have time to fix things right away. Mr. Guiga asked if they could split the two requests. Mayor Jorgenson stated that she would have no problem with the consolidation of the lots. Councilmember Bolkcom stated that the consolidation of the lots has the stipulation involving the special use permit. They would be hard pressed to do one without the other. Mayor Jorgenson stated that they could approve the consolidation pending approval of the special use permit. Councilmember Barnette stated that they should table this and do it all at one time. MOTION by Councilmember Wolfe to table the resolution approving a Lot Consolidation, LC #00-03. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 27 MOTION by Councilmember Wolfe to table consideration of Special Use Permit, SP #00-06 in order to ascertain the necessary information to examine and study the request to the e�tent of the review period and Council action for an additional si�ty days. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that the neighbors would be notified when to appear before Council again. Mayor Jorgenson stated that they would work with the petitioner to try to come up with a survey regarding the vines on the fence. Councilmember Bolkcom stated that it will probably be heard during the first meeting in June. 18. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that on Thursday the block captains' meeting will start at 7:00 p.m. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MAY 8, 2000, CITY COUNCIL MEETING ADJOURNED AT 12:35 A.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor