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05/19/2003 - 00025223MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:31 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director Stacy Stromberg, Planner APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of Apri128, 2003. City Council Meeting of May 5, 2003. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1178 AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES. Dr. Burns, City Manager, stated the City Code was revised to conform with State law. The new language allowed the court to assess the fine up to the maximum allowed by State law and/or imprison violators of the City Code for up to 90 days. The change raised the maximum financial penalty from $700 to $1,000. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1178 ON SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 2 NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 7, 2003. RECEIVED. 3. SPECIAL USE PERMIT REQUEST, SP #03-08, BY MICHAEL MALONE, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE (ATTACHED GARAGE), GENERALLY LOCATED AT 635 ELY STREET N.E. (WARD 3). Dr. Burns, City Manager, stated the petitioner wanted to tear down his single-car detached garage and replace it with a two-car garage. Since Mr. Malone's home was in a Flood Fringe District, he needed a special use permit. The Planning Commission approved this special use permit request together with six stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-08, BY MICHAEL MALONE, WITH SIX STIPULATIONS: 1. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 3. THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES SHALL NOT EXCEED 1,400 SQUARE FEET; 4. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLIMENTARY COLOR SCHEME; 5. THE PETITIONER SHALL SUBMIT AN ELEVATION CERTIFICATE AS PART OF A VERIFYING SURVEY PRIOR TO THE FOUNDATION BEING CAPPED, WHICH SHALL VERIFY THAT THE MINIMUM GARAGE FOR ELEVATION AT 822.9 FEET; AND 6. THE PETITIONER SHALL FLOOD-PROOF THE GARAGE IN ACCORDANCE WITH CURRENT FEDERAL AND STATE FLOOD-PROOFING REQUIREMENTS TO A MINIMUM OF THE 100-YEAR FLOOD ELEVATION. 4. SPECIAL USE PERMIT REQUEST, SP #03-09, BY MICHAEL WOJCIK, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 109 — 76TH WAY (WARD 3). Dr. Burns, City Manager, stated the request was to construct a 600-square foot accessory structure for storage of recreational vehicles and equipment. The Planning Commission approved this permit request and six stipulations at their May 7 meeting. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-09, BY MICHAEL WOJCIK, WITH SIX STIPULATIONS: 1. STAFF SHALL CONDUCT REGULAR INSPECTIONS OF THE SITE. IF, AT ANY TIME, A TRAIL SIMULATING A DRIVEWAY IS PRESENT, A HARD SURFACE DRIVEWAY AS APPROVED BY THE CITY WILL NEED TO BE INSTALLED WITHIN 90 FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 3 DAYS; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES SHALL NOT EXCEED 1,400 SQUARE FEET; 5. THE ACCESSORY STRUCTURE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH COMPLIMENTARY SIDING AND COLOR SCHEME; 6. SPECIAL USE PERMIT APPROVAL IS DEPENDENT UPON APPROVAL OF THE PETITIONER'S VARIANCE REQUEST. 5. RESOLUTION NO. 23-2003 RECEIVING FINAL PLANS AND SPECIFI- CATIONS AND ORDERING ADVERTISEMENT FOR BIDS: HICKORY DRIVE WATERMAIN REPLACEMENT PROJECT NO. 350. Dr. Burns, City Manager, stated they were planning a neighborhood meeting on this matter with the contractor and Councilmember Bolkcom for the week of June 23. The project included replacement of the watermain on Hickory Drive between 69th Way and Hickory Circle. The amount of $100,000 was budgeted in this year's capital improvements budget for this project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 23-2003. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003-1. Dr. Burns, City Manager, stated the bids for the Marian Hills Street Improvement Project were opened on May 14. The low bidder was Hardrives, Inc., of Rogers, Minnesota, in the amount of $693,360.41. The bid included $614,392.66 for street improvements; $77,196.75 for storm sewer improvements; and $1,771 for watermain improvements. This year's capital improvements budget included $700,000 for street and water system improvements. There was also additional money budgeted for miscellaneous storm water improvements. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003-1 TO HARDRIVES, INC., IN THE AMOUNT OF $693,360.41. 7. CLAIMS AUTHORIZED PAYMENT OF CLAIM NOS. 111341 THROUGH 111575. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 4 9. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025-9461 Hartman Circle Watermain Looping Project No. 347 FINAL ESTIMATE $29,450.33 CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, NIN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 6 $70,296.20 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked to add two items to the agenda, Items l0A and lOB and label them "Land Use Issues." MOTION by Councilmember Billings to add Items l0A and lOB to the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to adopt the agenda as amended. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 5 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 10. SPECIAL USE PERMIT REQUEST, SP #03-07, BY RJ RYAN CONSTRUCTION, INC., TO ALLOW A ROCK CRUSHING AND RECYCLING FACILITY ON THE NORTHERN 325 FEET OF THE PROPERTY LOCATED AT 8170 HICKORY STREET N.E. (WARD 3). Ms. Stromberg, Planner, stated the petitioner, RJ Ryan Construction, Inc., who was representing Frattalone Excavating and Grading, Incorporated requested a special use permit to allow a rock crushing and recycling facility on the northern 325 feet of the property located at 8170 Hickory Street N.E. Dahlke Trailer Sales Company would occupy the southern portion of the property. The subject property was vacant, had never been developed, and was zoned M-3, Outdoor Intensive Heavy Industrial. The properties to the north, east, and south were also zoned M-3 Outdoor Intensive Heavy Industrial. To the direct west of the property were the railroad tracks. The property beyond the railroad tracks was zoned M-1, Light Industrial, and M-4, Manufacturing Only. Ms. Stromberg stated in late 1982, the M-3, Outdoor Intensive Heavy Industrial, zoning district was created and approved by the City Council. The intent of this new industrial district was to control the location of outdoor intensive uses to ensure compatibility with adjacent uses. The purpose was to allow the location of trucking terminals and intensive outdoor uses such as crushing and recycling facilities. The properties in which the M-3 zoning applied are generally located between 79th and 83rd Avenue and the railroad and Main Street. Ms. Stromberg stated the crushing operation would be 569 feet from the nearest trail in the Springbrook Nature Center and 745 from the nearest single-family home. The closest neighbors to the subject property were industrial properties. City Code allows the operation of a rock crushing facility with a special use permit in the M-3 zoning district. The petitioner requested a special use permit to allow the location of a rock crushing and recycling operation on the northern 325 feet of the property located at 8170 Hickory Street. Ms. Stromberg said staff conducted an on-site inspection of Frattalone Excavating's rock crushing operation. The equipment staff viewed and heard would be the same equipment used on the proposed site. When staff sat in a vehicle with the windows shut 200 feet from the crushing equipment, the decibel level was 54. When the windows were opened, the decibel level went up to 70 decibels. At 100 feet from the crushing equipment, the level with the windows closed was still at 54 and with the windows open it went up to 75 decibels. With the windows opened at 50 feet from the equipment, the decibel level was at 76. The City's noise ordinance stated that noise in the industrial districts could not exceed 80 decibels at the property line. Ms. Stromberg stated Frattalone Excavating had a permit from the Minnesota Pollution Control Agency for dust control. The permit authorized the construction, modification, and operation of FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 6 non-metallic mineral processing. When staff conducted their site visit, they also observed how the dust operation was controlled. Throughout the rock crushing process, there were several water sprinkling devices that kept the material wet which aided in reducing the dust level. As a result, there was minimal dust created from the machine and the process. Frattalone Excavating would be required to pave their driveway and install curbing that would also help minimize dust. They would also be required to sweep and clean the streets daily or more if necessary. Ms. Stromberg stated at the April 16 Planning Commission meeting, this request was tabled to allow staff additional time to review and analyze stipulations presented by Mr. Malcolm Mitchell, president of the Springbrook Foundation. Upon review and after meeting with Mr. Frank Frattalone, CEO of Frattalone Excavating, the following changes were suggested to the stipulations. Ms. Stromberg stated that with respect to Stipulation No. 2, the Springbrook Foundation recommended changing it to read: "Crushing shall occur no more than 60 days a year with not more than 20 days being during the months of May through September." Staff changed the stipulation to read: "Crushing shall occur no more than 72 days a year, with not more than 36 days being through the months of May through September." The crushing operation will be allowed Monday through Saturday. This stipulation was changed to reflect days as requested by the Springbrook Foundation. The petitioner, however, stressed the necessity of additional time during the months of May through September and requested an additional 12 days. After thoroughly reviewing the request, staff agreed to change the stipulation. Ms. Stromberg stated that with respect to Stipulation No. 4, the Springbrook Foundation recommended that it be changed to read: "The maximum height of any stockpile shall never exceed 15 feet." Staff believed the current wording was sufficient. Ms. Stromberg said with respect to Stipulation No. 10, the Springbrook Foundation recommended adding a clause that stipulated the minimum total gallons per minute of water flow required to settle the dust during operation. Staff believed that the amount of water used to settle the dust was dependent upon the type and moisture of the material being crushed as well as the weather. Frattalone Excavating indicated that their experience has proven that different days with different atmospheric conditions will require different watering techniques and volumes. They have committed to controlling dust and understand the danger to their special use permit and their existence on the site if they do not do so. Staff recommended that they leave the volume of water and watering techniques to Frattalone and simply monitor the area to ensure dust control success. Ms. Stromberg stated with respect to Stipulation No. 11, the Springbrook Foundation recommended changing this stipulation to read: "The petitioner shall obtain all the necessary permits and approvals that are required by the Minnesota Pollution Control Agency. This may include, but not be limited to, an NPDES permit, a certification of a condition of no exposure, a storm water phase 1 or phase 2 permit, air emission permit regarding particulates, Environmental Assessment Worksheet, etc. Staff's contacted the Minnesota Pollution Control Agency prior to the report the Planning Commission received before their April 16, 2003, meeting. An environmental assessment worksheet was not required as it did meet the criteria. Frattalone Excavating has an air emissions permit from the MPCA which authorized the construction, FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 7 modification, and operation of non-metallic mineral processing. Staff recommended not changing the stipulation. Ms. Stromberg said with respect to Stipulation No. 13, the Springbrook Foundation recommended changing it to read, "Noise levels shall comply totally with the Fridley noise ordinance, including the decibel measurements and the location at which the measurements are to be taken, provided that the noise levels shall not exceed 66 decibels at the north boundary." City Code indicated that noise in the industrial districts could not exceed 80 decibels at the property line. In response to the Springbrook Foundation's concerns, the petitioner intended to move the crushing equipment an additional 80 feet from the northern property line. Accordingly, the equipment would be placed around 180 feet from the northern property line which was 569 feet from the nearest trail in the Springbrook Nature Center. Ms. Stromberg said that with respect to Stipulation No. 17, the Springbrook Foundation asked what the phrase "ensure compatibility" meant. The purpose of the broad wording was to insure that the stipulations were being adhered to and that the neighboring property owners were not negatively impacted. Ms. Stromberg stated the Springbrook Foundation recommended adding Stipulation No. 18 which stated: "The petitioner shall determine and document the pH of the creeks/streams into which runoff water from the property will enter. This shall include any cyclical variations in pH that may occur on a daily, weekly, monthly, seasonal or other basis. The runoff and/or discharge from the petitioner's property shall be maintained with a pH range of 6.5 to 8.5, as measured 20 feet downstream of the discharge point." Based on the response from the City's Public Works Director, staff did not recommend adding this stipulation. Ms. Stromberg stated the Springbrook Foundation also recommended the addition of Stipulation 19 which read: "The petitioner shall furnish sound measuring equipment to the Springbrook Nature Center as follows: one portable, battery-operated decibel meter with a capacity to document sound level readings over at least a 24-hour period and sufficiently accurate and sensitive to determine compliance with the City of Fridley ordinance that specifies sound levels. If and when either portable device has operational difficulties that would render it unable to meet the above requirements at any time in the future, the petitioner shall provide a fully operational device of equal or greater functionality within a short period of time, meaning days, not weeks." She said it was inappropriate to request money or goods from a petitioner as a condition of approval of a land use request. She said staff recommended that if the special use permit request was granted, seventeen stipulations, which she outlined, be included. Councilmember Bolkcom asked if there had been a discussion in the early 1990's about the property being close to a residential area. Mr. Hickok, Community Development Director, said there was no discussion. At the time, residential property owners did not speak about the issue with the exception of one or two, and the concerns were about having land available for certain land uses. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 8 Councilmember Bolkcom asked if the neighborhood would have been notified. Mr. Hickok stated the M-3 district zoned at that time was a rather large area. Some of the properties probably were within the 350 feet at the southern end and probably were notified. All public hearing notices are published. Councilmember Billings stated back in 1992, the 350-foot notice went out from the edge of the property, not from where the crushing was taking place. He asked if they knew what the zoning was before it was rezoned to M-3. Mr. Hickok said it was M-2 at the time, which meant it was still heavy industrial. Councilmember Billings asked if rock crushing was permitted in an M-2 district. Mr. Hickok said it was at that time. Councilmember Billings said that changing it from M-2 to M-3 in 1992 did not change the fact that rock crushing was a permitted use on that site. Mr. Hickok agreed. Councilmember Bolkcom asked what the decibel level of a moving train would be. Mr. Hickok replied the study done on the Northstar Corridor talked about decibel levels of about 56 decibels from the Springbrook Nature Center. The discussion they were having right now in the room was about 50 decibels, but everything was relative to distances, origin of sound, and where it was being received. He said if he were to talk outside her door, it would be a 50-decibel reading. Councilmember Bolkcom stated the reason she asked was at the Planning Commission meeting there was a discussion that it was similar to a train. She asked if the noise ordinance was any different if it was ne�t to a residential area. Mr. Hickok said that it would need to be for a residential area or the Springbrook Nature Center. The noise level of 80 decibels is fine, as long as when the sound reached the Springbrook Nature Center or a residential area, it was down to a 60 to 65 decibel range. Councilmember Bolkcom asked if they made a distinction between a constant level versus an intermittent level. Mr. Hickok replied as long as it was within the range on the receiving end, it was okay. Councilmember Bolkcom asked about limiting the days they could operate. Mr. Hickok said we needed to expect it to operate all year. They asked for more summer hours because that is when their operation is running at full speed. He said that was why the FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 9 stipulation was modified to allow additional summer days. He said a big part of the operation is bringing in material. They do not crush until they have a certain volume of material. He stated they can safely say that the limited number of days they have spelled out work, because they do not crush rock that often. Also, the site is simply not big enough. One of the policing factors that was built into this was that piles could only be 15 feet high. Councilmember Bolkcom replied that a majority of their time would be used in the summertime when most people have their windows and doors open. Mr. Hickok replied up to 50 percent of their time would be spent during the months of April through September. Councilmember Bolkcom asked about the dust. Mr. Hickok said they were very concerned about that and that was why the stipulation about meeting MPCA dust requirements was included. The watering operation involved not only the water on the conveyors, but also watering on the ground before the trucks moved over it so dust was not stirred up by the trucks. He said it was important to point out that watering was not a requirement of the Park Construction special use permit, and Park Construction had an operation since 1982. Councilmember Bolkcom asked about the trucks being watered before they leave. Mr. Hickok replied the material in the box is sprayed as the truck is leaving Councilmember Bolkcom asked with the trucks being watered, were they concerned about the trucks draining out onto the street as they were leaving. Mr. Hickok replied it basically it wets the top of the pile and settles the dust that might be sitting on the top of the box. Councilmember Bolkcom asked if there was an issue about materials flying off the back of the truck. Mr. Hickok said what they sought to do with the stipulation was control the dust as the truck left the site. Councilmember Bolkcom asked about NPDES and information about it not meeting the criteria. Mr. Hickok said it did not meet the criteria for the Environmental Worksheet because it was less than six acres in size. Mr. Haukaas replied the NPDES permit stood for National Pollution Discharge Elimination System which tries to reduce any and all forms of pollution including oil spills, dust, and erosion. The Minnesota Pollution Control Agency has several permits for this. The permits each have FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 10 their own requirements and stipulations at the State level. Petitioner needed to meet all the requirements. Councilmember Bolkcom asked who would contact the MPCA to make sure petitioner met the requirements. Mr. Haukaas, Public Works Director, said they would know the MPCA's answer. Councilmember Bolkcom asked if there were any traffic counts on 81st and University and if they knew how many trucks would be added because of the operation. Mr. Hickok replied he was not sure if they had traffic counts. The traffic, however, did fall within the realm of what was expected for development of that area in terms of tonnage of roadways, width and the capacity of the roadways. Councilmember Bolkcom asked about the metallic particles that are picked out with a magnet and how they are disposed of. Mr. Hickok said they were recycled. He said he believed about 97 percent of the material that came into the site was recycled. That included the rock, the stone, and the metal. They fill the bins and then send it offsite. They are able to reuse the rebar in a melted down state for a number of different other products. Councilmember Bolkcom asked if the area was a hard surface. Mr. Hickok said it was not. Councilmember Bolkcom asked if there could be some issue about metallic particles getting into the soil and into the groundwater. Mr. Haukaas replied the metallic particles were primarily iron, an inert material, so it was not something that had an effect the groundwater. Councilmember Bolkcom asked if there was something that would come off the crusher, get into the soil and ultimately go into the groundwater. Mr. Haukaas said he did not believe there was a significant amount of material on this site that would be detrimental to the groundwater. Councilmember Bolkcom asked if they had contacted the MPCA. Mr. Hickok said they had had a couple of different conversations with the MPCA. Councilmember Wolfe asked how long it took staff to go through all the stipulations that were added and subtracted. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 11 Mr. Hickok said he thought it took about a couple of days. Councilmember Wolfe asked if there had been any problems with Park Construction. Mr. Hickok said it had been a very quiet operation. Councilmember Bolkcom asked how often they did any rock crushing. Mr. Hickok said he thought they have gone almost two years without crushing. Councilmember Billings asked whether rock crushing was a permitted use in this zone. Mr. Hickok said it was permitted through the special use permit provision. Councilmember Billings said the special use permit was sometimes referred to as a conditional use permit. There were certain uses in each and every zoning district that a person buying a piece of property could do without coming to the city to get a special use permit. In this particular district, Heavy Industrial, there were a number of things that were permitted without coming to the City to get authority to do it, but rock crushing is one that you have to come to the City to get authority to do. In so issuing the approval, the City can place reasonable requirements on the property and the property owner as to how they operate that particular operation. Since this is a use that is legal, the City must make sure that the stipulations are reasonable. He said it then became incumbent upon the City of Fridley to determine that the specific use was contrary to the health, safety, and general welfare, and to demonstrate why they can't have a special use permit for the site. He asked Mr. Hickok if he agreed. Mr. Hickok said he did. Councilmember Billings asked Attorney Knaak if he agreed. Attorney Knaak, City Attorney, said he did. Councilmember Billings asked if they placed cost-prohibitive requirements on the property without having reasonable and just cause to do so, would the City be subject to legal action on the part of the property owner and/or petitioner. Mr. Knaak replied, yes. Mr. Frank Frattalone, approached and said with respect to sound, it is quiet when you go by the crusher and as stated in the report, when you drive in a vehicle with the windows closed a couple hundred feet away, you could not hear the crusher. The crusher does not sound like a train going by, and homes that are 450 feet away are not going to hear it. They may hear the backup alarm on the loader, but it is an OSHA rule. He said they were working with OSHA about using the equipment without a backup alarm in a confined space as long as they have radio contact and is posted. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 12 Mr. Frattalone said the company is a basically a recycling facility. He got involved about 15 years ago. All of the concrete and asphalt from job sites, building demolitions and sidewalks, etc., used to be buried in the landfills. He said Minnesota's specification for gravel underneath our roadways and parking lots was Class 5. The material was either made out of limestone or gravel or mineral gravel or the recycled product. The recycled product was better than mineral gravel. He said with respect to days of operation, they were talking about 36 days during the summer. When he first applied, he was not aware of the 15-foot high rock pile restriction in the City of Fridley. The reason they needed at least 36 days in the summer was because of the 15- foot high pile limit. He could only get about 30,000 to 35,000 yards in the site at a time. He would need to crush twice in the summertime and would need 36 days. That was why they asked for a little bit more time than the Nature Center requested. He would like to try and work with the Nature Center staff, residents, and the staff in Fridley. He said with respect to pollutants in the material, the material they are making gravel out of is the same material that driveways and homes are made out of. It was concrete and asphalt. Councilmember Barnette stated there was some concern about dust blowing off the piles. If it was windy, the wind would not blow dust off the piles. Mr. Frattalone replied that was pretty much correct. He could not say it was zero. He said it is gravel with rock and it did have a covering on it. Councilmember Wolfe said staff had talked to the City of Little Canada about the operation and they had nothing but good things to say. Mr. Hickok said they had a very good working relationship. Councilmember Bolkcom asked about how many trucks would be going in and out on a given day. Mr. Frattalone replied they hoped to have an average of 100,000 tons a year, which would be 200 working days, and that would be about 281oads in and 281oads out on average per day. Councilmember Bolkcom asked about the stipulation of 7:00 a.m. to 7:00 p.m. Monday through Saturday. She asked if they started at 7:00 a.m. on Saturday morning. Mr. Frattalone said if it was an issue, they could change the time to 8:00 a.m. to 6:00 p.m. Councilmember Wolfe asked if the City did not already have an ordinance that stated 9:00 a.m. on Saturday. Ms. Stromberg said it stated 9:00 a.m. Councilmember Bolkcom asked if 9:00 a.m. would be okay. Mr. Frattalone said they would actually try not to crush on Saturdays. He would rather go from 8:00 a.m. to 4:00 p.m. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 13 Councilmember Billings asked Mr. Frattalone, he anticipated approximately 100,000 tons per year. Mr. Frattalone replied he hoped to get it to 100,000 tons, but it would not happen the first year. Councilmember Billings asked how many tons they crushed per day. Mr. Frattalone said 2,500 was a good average. Councilmember Billings said if they did 2,500 tons per day, in order to get 100,000 tons, they would need approximately 40 days or less a year Mr. Frattalone replied he would say in the first year or two that would be close. He would like build that up to more than 100,000 tons. Councilmember Billings said it was important to remember that 80 percent of the time, they would not be crushing. Mr. John Gutnin, 211 - 79th Way N.E., stated he owned some buildings near the site at 181, 211, and 231 - 79th Way. His big concern was the sound. A person talking at 50 decibels was a lot different from a 100-ton machine putting out 50 decibels. Not only did you hear the sound but you would also feel the sound. A lot of residential areas have been developed in the area, and he would ask Council to rethink the use for this particular piece of land. The other thing he would like them to consider were the trucks coming out of there. They could weigh up to 120 tons. The effects of heavy vehicles on city streets, the added maintenance of the City to get the dust out of the sewer systems, the amount of treated water that was going to be used to keep the dust problem down may outweigh the benefits. Councilmember Wolfe asked Mr. Haukaas if the roads were built to handle the trucks. Mr. Haukaas said the roads in that area were built for industrial use and for larger trucks and heavier weights. He said the traffic counts for 81st Avenue in 2000 were 5,800 trucks on average plus the average annual daily, two-way traffic. There would be 28 trucks a day more or a one-half percent increase. Mr. Malcolm Mitchell, 1225 Regis Lane N.E., Chairman of the Board of Directors for the Springbrook Nature Center Foundation, said the Springbrook Nature Center Foundation was deeply concerned about the installation of a rock crushing operation on land that was about 300 feet south of the boundary of the Springbrook Nature Center. They believed it would be difficult to designate an adjacent or nearby land use that would be more incompatible with the mission of Springbrook Nature Center and its use there as a preserve. They do commend the company for recycling but they are concerned about the pH. There are state Minnesota controlled standards. They believed the pH level flowing through there should be monitored and they will monitor what is happening at the Springbrook Nature Center. They would also suggest that some form of more formal public hearing be held at the end of the special use permit operation. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 14 Councilmember Wolfe asked Mr. Mitchell if he knew what the pH was right now. Mr. Mitchell said he did not know what it was in the creek, but he did know what it was at the Nature Center. It averaged about 6.9 to 7.2 on a regular basis. Councilmember Wolfe asked if the water should be tested before the company opens. Mr. Mitchell replied he believed it should be. He believed a base should be established and it should be monitored on a regular basis downstream, at least 20 feet from the entry point of the discharge. Councilmember Wolfe asked Mr. Hickok if it was normal for them to have an e�tra public hearing on special use permits. Mr. Hickok replied that they do not usually have a public hearing for a special use permit recall. They held a hearing when the special use permit was being considered by Council. When it was brought back one year later, it would be reviewed by Council. When they have considered revocation of a special use permit, they have published a public hearing notice. Mayor Lund asked if the public waterways had been tested and asked who tested the beaches. Mr. Haukaas replied they test the public beaches and send it into a local testing firm. The Water Department does have equipment to test the pH levels. They do it on the regular water system as necessary. Councilmember Wolfe asked Mr. Hickok about the stipulations. He asked if it would affect the special use permit, if they received a lot of complaints they could not enforce. Mr. Hickok said that was the importance of the process. It was about making a use compatible and that is why they developed 17 stipulations. When they bring it back and review it, they can make any modifications that are necessary. Ms. LeeAnn Sporre, 295 Ironton Street, said she believed that once the peace and quiet of the area was lost, it would be irreversibly lost. She said they knew the overall public health effect. They also knew that 80 decibels would be permitted at the property line. What they are unable to understand is what that feels like. She said she would argue in favor of denial of this request. She said she has lived in this part of Fridley since it was marshland, and no one has talked about the water table. Unity Hospital and a lot of other hospitals have suggested using Springbrook Nature Center as a place for respite. Mr. Kevin McGinty, 124 Longfellow Street N.E., said a reference was made to Park Construction. He asked how high the dirt piles were at Park Construction. He said one of the rights the residents had was quiet enjoyment of their property. The other issue that was raised and was not addressed was the recycling issue. He said if it was not big enough to be regulated, it was not going to be watched. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 15 Mr. John Steffens, 200 Liberty Street N.E., approached and stated he could see the facility from the front window of his home. He said he was concerned about the size. It was not loud, but by their own decibel standards it was louder than a train. He said his opinion was to vote to deny the request. Mr. Frank Sajenski, 341 Hugo Street N.E., said his concern was the impact of the noise levels. It was a quiet area and anything that came into the area would be detrimental to their lives and to their standard of living. Mr. Duane Motzko, 290 Ely Street N.E., said he was concerned about the height of the piles. He said he could walk down to the end of his driveway, look east and see a big pile of rubble there right now, and it must be 50 feet. He said he had lived in Fridley for 32 years and had never heard any noise from Park Construction. He asked about the rock crusher and the size of the material it would be crushing. Mr. Frattalone said it was the same as the one at Park Construction. Mr. Motzko stated when people by the airport had a lot of noise, they went to the federal government. He asked if they had a problem like that, would the City take care of the problem or would they have to sue the City. He said there would be an 8-foot fence around the premises. That would not do anything but keep people from getting in and out. He said that starting at 7:00 a.m. was ridiculous because Fridley had an ordinance that set the time for 8:00 a.m. Mr. John Drohman, 8161 Ruth Circle, stated that unfortunately his house was one of the closest to the site. He had not been involved with any of the previous meetings but, it seemed to him after listening to both sides, that there was a lot of speculation as to what was pollution or not pollution and what was too loud or not too loud. He said the City Council owed it to the community to make sure that it was going to pollute and if it was going to be noisy, make sure before they allowed it to be there. Mayor Lund said that was what they were trying to do. There were some standards in place. Mr. Frank Niznick, 191 Liberty Street N.E., asked if Council had an idea of what the normal decibel level would be in a typical residential area in Fridley. Mayor Lund replied the standard he heard was 60 decibels in a residential area and 80 decibels in an industrial area. Mr. Hickok replied the State listed four different classifications of land what the acceptable decibel levels were. Mayor Lund asked if the state statutes mentioned a constant, or if they were acceptable levels, hour upon hour. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 16 Mr. Hickok replied it was for a fraction of the time. When it talked about 60 and 65, if you looked at the law you would see that it was L10 and L50. L10 was for 10 percent of the time, L50 was for 50 percent of the time. The constant was the lower number. Mr. Hickok replied they have noise decibel measuring units in all of the police cars and the code enforcement vehicle. If someone had a concern about noise they could call them to check it out. Mayor Lund asked the constant was. Mr. Hickok replied 60 in a residential area. Mr. Niznick stated he did not how the vote was going to go but he guessed that it was not something that once they made the decision there was no way to rectify any kind of problems that developed. Mr. Mike Lund, 161 - 79th Way N.E., stated his main concern was the noise. Mr. Terry Canady, 131 — 79th Way N.E., said he was north of an apartment complex and by trade was an audio engineer. He had no idea what the decibel levels would be at the petitioner's facility, but he did know that when he was in his office in a closed home and he had to get up and walk out and walk across the street and over the little berm to ask the guy who was washing his car if he could please turn it around so the speakers faced the other direction as it was vibrating his whole house. If everybody in the apartment complex agreed to allow a boom box to sit out on a balcony and if you were to stand at his property line and set up a microphone and a recording device that would give the decibel reading, and having turned the volume down to where it was just 65 and tolerable according to law, he would like for them to picture what would be allowable all day long, day in and day out. Councilmember Wolfe asked Mr. Frattalone if they would be crushing from sunrise to sunset. Mr. Frattalone replied when they were crushing, yes, but the noise was not as loud as everybody was making it out to be. Mr. Chris Halderson, 289 Ely Street N.E., stated he was a new resident in Fridley and had lived here for less than a year. If they were looking at the house now and knew there was an existing rock crushing facility, they probably would not have bought the house. One thing they loved about the neighborhood was that it was quiet. Even thought there are the train tracks, it did not stay. They were talking about a constant noise. Mr. Dave Super, 190 Liberty Street N.E., said regarding the comment on how they did not know how they put up with the train, now it would be a constant train. He said they would be moving 100,000 pounds of ground concrete in and out with asphalt in it and oils in the asphalt. If there were heavy rains, it was going to go through it and get into our groundwater. He thought they needed a catch basin to catch all the oil so it did not end up in the park and in our groundwater. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 17 Ms. Dawn Dammon, 298 Ely Street N.E., approached and stated she was a new resident also and really enjoyed the quiet neighborhood. She said she was concerned about the noise of the trucks. Ms. Virginia Bauer, 251 Ely Street N.E., stated it was not 50 decibels at 200, it was 800 feet, and the majority of them are living 800 feet from this facility. Also, in 1992, when that was rezoned, she lived there and they never received notice. They did not have prior notice at all until the second meeting and she thought that if that 350 feet was an area like they have with residential right across the railroad tracks, she thought it should be reconsidered. The other thing that really bothered her was the water put on the gravel. It had to go somewhere. Mr. John Lodato, 8151 Ruth Circle N.E., stated at the last meeting, he talked about the children and he was still concerned about them. He asked them to please consider the children. There were a lot of children in that area and he did not want to see them get hurt. Rock crushing probably did do a lot of good for the community for recycling, but what was it doing for the Nature Center, the children, the working person who needed their sleep during the day, and for the property values. Councilmember Bolkcom replied she did receive e-mails from two other people, one at 8120 Ruth Circle and one at 180 Ironton who were opposed for some of the very same reasons they heard this evening. Councilmember Bolkcom asked Mr. Frattalone about the vibration from the rock crushing. Mr. Frattalone replied he said it would be very minimal. Councilmember Bolkcom said if she was on the other side of the railroad tracks where the majority of these people live, and had some type of sound system, she could not tell that they were crushing rocks and would not feel any vibration. Mr. Frattalone replied he would say she would not feel it at all. Councilmember Bolkcom asked how often they crushed rocks in Little Canada. Mr. Frattalone replied they would be crushing this week They would be done Thursday or Friday and then would be moving out. Councilmember Bolkcom asked if they had other locations. Mr. Frattalone said they had two operations going. One was at the Minneapolis airport and one was in Shakopee. Councilmember Bolkcom asked him about the oils and the pollutants going into the soil. She asked if they had to do any soil borings. Mr. Frattalone said they did not have to do any borings but they were regulated. They have an air emissions control permit which is a permit given by the PCA and they have to record how FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 18 many tons of materials are crushed. They have a calculation that is used for how much dust that produced. They are also OSHA regulated and the Anoka County Health Department would also stop and check. Mr. Mark Hanson, Facility Director in Charge of Frattalone's Crushing, stated if you crush straight asphalt content, you are allowed to put that back on a road base. That showed the minimal amount of oil that was left. Councilmember Bolkcom asked where it went. Mr. Frattalone said the oil was not released when it was crushed. Asphalt is made from a composition of gravel and rock and oil was added to it. He said there were no pollutants running out of the concrete and blacktop. Councilmember Bolkcom asked if he ever had to do any water quality issues, studies or tests in the other communities. She asked if he had a special use permit to be in Little Canada. Mr. Frattalone said he did. Councilmember Bolkcom asked how close the nearest residential area was. Mr. Frattalone replied about 400 feet. Councilmember Bolkcom asked staff if they checked with Little Canada on their regulations and stipulations. Mr. Hickok said they did not get a copy of their stipulations. Councilmember Bolkcom asked why there were 17 stipulations. Mr. Hickok replied they have become more sophisticated over time. It does sound excessive, but when you look at each one of the stipulations, there was a specific reason why it was included. Councilmember Bolkcom asked about the pH and the whole issue with pH balance and testing water. She asked if this was something the City's Environmental Quality & Commission could look at and develop a policy. Mr. Hickok replied that he can assure them that as close as they like to stay to environmental issues that they will want to get feedback from staff as to how the project is going, what kind of MPCA discussions they have had, and what kind of monitoring they have been doing. Councilmember Bolkcom said one of the gentlemen who spoke stated that he thought the area should be rezoned. She asked the City Attorney if they could tell the petitioner that they were seriously thinking about changing the zoning in this area. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 19 Fritz Knaak, City Attorney, said what they have before them is a very specific procedure allowed under statute. In a case such as this, what they were dealing with was an allowed permit where someone actually had an enforceable right to a use in a zoning district under some circumstances and conditions that the City can reasonably impose for the purpose of protecting the health and safety of the individuals or the citizens that surround the use. The City cannot simply deny if it was already an allowed use and the conditions that are being suggested or imposed are reasonable conditions and the use that being proposed was not in some way inherently dangerous to the health and safety of the residents of the City. In this particular case, the ordinance specifically permitted this use. With respect to the question about the City rezoning, this was what was called a quasi-judicial process. The City would have to prove that this particular use was hazardous or created a circumstance or use that was clearly under the evidence dangerous or a hazard to the health and safety of the residents. Mr. Knaak said rezoning was a separate matter. That was actually a legislative enactment meaning that they were acting as a legislative body and they could rezone but, in the course of going through a rezoning process, they could find themselves encountering what is known as a "down zone." It was possible that in the course of doing a rezoning that what they could be doing is in effect a"taking" and the City would be responsible to some e�tent for the loss of value. In addition, if it appears that they are rezoning for the specific purpose of avoiding a use, they may find themselves subject to court action. By its nature, because it is legislative in character, a rezoning has to do with general conditions that apply or should be considered in the City as a whole. Councilmember Bolkcom asked where they were at with this if the 60 days have passed. Mr. Hickok replied they are in the second 60-day period, up to July 12. Councilmember Bolkcom asked Mr. Knaak if they could you deny a special use permit just by thinking that it was going to cause noise and dust in a neighborhood. Did there have to be proof. Mr. Knaak replied there has to be an objective, factual basis for that determination. It was not enough that there was a strongly-held belief even that information might or did exist. There has to be concrete evidence that could be relied upon in a court of law that that would serve as a basis for that conclusion. Mr. Mark Artmann, 304 Ironton Street N.E., said he was concerned about the environment and asked Mr. Frattalone if he had ever been fined for violating any environmental standards? Mr. Frattalone replied he did not think so. Mr. Artmann asked regarding the methodology for decibels and saw that it was omitted in the actual reading of 400 and 800 feet. Mr. Hickok replied , no, they got smarter as they endeavored this study and the doubling methodology chart took them out to 400 feet and 800 feet and they would have done that in FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 20 hindsight. They would have taken those exact same measures but they had their field measures first and then they did their te�tbook research to determine to put those into conte�t. They were there two days before the crushing operation shut down in that location. So they did not go back and get the 400 and 800 measure. Councilmember Bolkcom said this was a difficult. There are, however, legal issues related to special use permits that outline what they can and cannot do. She said she had not heard anything yet that told her that the health, wealth, and safety of the neighborhood would be in jeopardy. She said she was going to make a motion to approve the special use permit with a few changes in the stipulations. She wanted to explain that if this passed she gave them her that she would be very closely involved and once the operation started up and if there were any issues to let her know. Mr. Knaak stated regarding the language that the matter would be reviewed in one year to ensure compatibility, his concern was that by creating that limitation, they might actually be precluding themselves from subsequent reviews. He suggested they modify the language to say "special use permit shall be reviewed at least once within one year to ensure compatibility and thereinafter annually." MOTION by Councilmember Bolkcom to amend the stipulations for Special Use Permit, SP #03-07, to read as follows: 1. The hours and days of rock crushing operation shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 8 a.m. to 4 p.m. on Saturday. 2. Crushing shall occur no more than 72 days a year, with not more than 36 days being during the months of May through September. 17. Special use permit shall be reviewed at least once within one year to ensure compatibility and thereinafter annually. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve Special Use Permit, SP #03-07, by RJ Ryan Construction Company, with the following stipulations. 1. The hours and days of the rock crushing operation shall be limited to 7 a.m. to 7 p.m., Monday through Friday and 8 a.m. to 4 p.m. on Saturday. 2. Crushing shall occur no more than 72 days a year, with not more than 36 days being during the months of May through September. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 21 3. Each year the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur. A one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to commencement of operation. 6. An 8-foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain an NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency prior to commencement of operation. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise levels shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81st Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed at least once within one year to ensure compatibility and thereinafter annually Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 22 10A. LAND USE ITEM — BRANDES PLACE: Councilmember Billings stated the City had been served with a lawsuit relative to Brandes Place. MOTION by Councilmember Billings to authorize City of Fridley staff through legal counsel to negotiate with Housing Preservation Project and Brandes Place Limited Partnership, in accordance with Rule 114. Further, he moved to authorize City of Fridley staff, as part of said negotiations, to issue the three zoning requests made by Brandes Place Limited Partnership with the stipulations as presented to the Fridley City Council on October 14, 2002. Finally, he moved that any negotiated settlement be presented to the Fridley City Council for approval. Seconded by Councilmember Bolkcom. Mr. Knaak replied they were asking him to speculate about the outcome of pending litigation and his recommendation to them was given the subject matter, those questions would be properly addressed at a closed litigation meeting. Mayor Lund said the Summons and Complaint had been sent to the League of Minnesota Cities and thought it might be premature to discuss this issue. Councilmember Bolkcom wondered why some type of negotiations could not take place. Councilmember Billings replied he felt the City should have issued the three zoning requests and that was why he made and supported the motion at that time. He made this motion to try and minimize the exposure the City of Fridley might have in the courts and hoped the issue could be resolved as quickly as possible. Mr. Knaak discouraged further discussion at this time. He pointed out, however, the resolution, in and of itself, was not entirely inappropriate. In his opinion, inasmuch as the summons contained standard language which indicated that Rule 114 was regularly invoked and everyone was under notice under those circumstances that some form of alternative resolution, including negotiation and mediation, was appropriate and indeed routine. He further stated this did not necessarily mean the City Council should immediately authorize the staff to negotiate. He said there would be an appropriate time or authority given to negotiation whether or not they intended to pursue the litigation down to the very end. He again advised them not to discuss the issue until they have had an opportunity to review the litigation with the League's counsel. MOTION by Councilmember Wolfe to table Item 10A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 23 lOB. LAND USE ISSUE — SPRINGBROOK NATURE CENTER: Councilmember Billings stated this was his 16th year on the City Council. During this period of time he had been approached by a number of residents who have questioned the usage of certain property within the City of Fridley and suggested possible alternative uses for that property. In the last several weeks, people have spoken to him regarding the rock crushing land use issue and how it may have an impact on the Springbrook Nature Center. The Springbrook Nature Center has been around for over 30 years. There was a quote by former Mayor William Nee to Councilmember Barnette that said, "They say it's not going to cost us anything. Let's give them a chance." We are putting $300,000 to $500,000 a year into the Springbrook Nature Center. He said he was beginning to question whether the experiment in keeping a piece of property within the City as natural as possible was the appropriate thing to do if in fact it meant that adjacent properties could not be used in the manner in which they were designated to be used. He said Mr. Shortridge was the operator of a golf facility in Oak Grove. He was renowned in the area of golf course management. It was his understanding that Mr. Shortridge believed that something could be done with a golf course on that site and a number of the natural qualities of the area could still be maintained. Mayor Lund said it seemed as if they were limiting the alternatives to a golf course. Councilmember Billings replied this did not mean that this would be the only option that the City of Fridley could look at it. Even if it turns out that it was profitable to do it, the City Council may still vote not to do it. All this motion did was give them an opportunity to look at other people's ideas of what could be done with the sight. The State Legislature, as they well know, was seriously looking at cutting back the size of government; eliminating those types of things that are not necessary. He was not saying that Springbrook Nature Center was not a necessity. However, if this was costing $300,000 a year, and they could come up with a way of generating $300,000 a year, all of a sudden, there would be a$600,000 a year swing. Councilmember Wolfe asked what amount was budgeted for 2003. Dr. Burns, City Manager, stated their budget for 2003 was $297,000 for the Springbrook Nature Center. With other maintenance contributions from the Public Works Department, it was $381,000. Councilmember Wolfe stated for so many years, so many people said it was free. After two years it was not free anymore. Mayor Lund stated he wondered if this was not contradictory. They had a lengthy discussion with the Springbrook Foundation in the past about their commitment to them. Councilmember Barnette stated all this did was ask for numbers. Councilmember Bolkcom stated if she was reading it right, it was not just numbers. It was looking at other opportunities and uses. She said once they get the report, they owe the Foundation an opportunity to sit down and discuss it with them. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 24 MOTION by Councilmember Billings to direct the City Manager and/or his Director of Recreation and Natural Resources, to meet with Mr. George Shortridge and/or his associates and to report back to the Fridley City Council at the first regularly scheduled City Council meeting in July, 2003. The purpose of the meeting was to examine broad-based approximate potential costs and revenues from alternative recreational uses, and/or mixed recreational uses of the site now known as the Springbrook Nature Center. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 L INFORMAL STATUS REPORTS Mayor Lund acknowledged the successful Stargazers event. He said he was amazed at the amount of talent the City has. Councilmember Bolkcom stated that at a future conference meeting she would to discuss special use permits, the notification process, and how the department heads and staff look at different issues. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 14, 2003, CITY COUNCIL MEETING ADJOURNED AT 11:12 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor