CP02-01 DENIED t �
City of Fridley Land Use Application
CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: 9/23/02 /9/30/02
Brandes Place Ltd. Partnership Public Utilities:
61-205 th Street NE Water and sewer are available at/near the site.
Fridley, MN 55432 Physical Characteristics:
Requested Actions: Relatively flat, typical suburban landscaping.
Comprehensive Plan Amendment to change SUMMARY OF PROJECT
Future Land Use Map designation from Petitioner is requesting to amend the City's
Public/Semi-Public to Housing. Future Land Use Plan, designating this site for
Rezoning of Property from R-2 & C-3 to R-3. housing, allowing a Rezoning of the property to
Plat of property into 2 lots. R-3 Multi-family. The Plat is being requested
Purpose: to create a new parcel for the construction of 16
To create lots with the proper zoning to allow townhome style multi-family units.
the construction of 16 units of multi-family SUMMARY OF ANALYSIS
housing. City Staff recommends approval of the
Existing Zoning: Comprehensive Plan Amendment.
Commercial C-3 &Residential—R-2 -Comp. Plan does encourage a mix of housing.
Location: City Staff recommends approval of the Rezoning
61205 1h Street NE Request.
Size: -Proposed rezoning is an extension of existing
Total Area: 306,868 square feet 7.05 acres R-3 zoning district.
Lot 1: 51,315 square feet 1.18 acres City Staff recommends approval of the Plat.
Lot 2: 255,553 square feet 5.87 acres -Lots meet or exceed all zoning requirements.
Existing Land Use:
Church of St. William
Surrounding Land Use & Zoning:
N:Moon Plaza, C-3 ; Norwood Sq., R-3
E: Single Family Homes, R-1
S: Single Family Homes, R-1
W: University Ave, gas station, C-3
Comprehensive Plan Conformance:
Site currently designated as Public/ Semi-
Public on Future Land Use Map.
Zoning Ordinance Conformance:
Proposed lots meet or exceed all zoning
requirements.
Zoning History: View of Site From South
Land has been home to St. William since 1964
Existing Legal Description of Property: Staff Report Prepared by: Paul Bolin
Refer to attached Plat.
Council Action/ 60 Day Date:
CP#02-01, ZOA#02-01, PS#02-03
OVERVIEW
The requests:
Brandes Place Limited Partnership is requesting three separate land use actions from
the City of Fridley in order to construct 16 townhome style multi-family units at 6160 5th
Street. The three actions being requested are a Plat, Comprehensive Plan amendment,
and a Rezoning. All three items will be examined individually in this report.
The Plat is being requested to create a new parcel for the construction of 16 townhome
style multi-family units on the parcel. The Comprehensive Plan amendment is to change
the City's Future Land Use Map, designating the property at 6160 5th Street for future
use as multi-family housing, thus allowing a Rezoning of that property and the
remaining St. William property to R-3 Multi-family.
Proposed Project:
Brandes Place is a proposed townhome development for working families. The 16 units
proposed will be comprised of 9 two-bedroom units and 7 three-bedroom units. The
townhomes have been designed to fit into the neighborhood. The architect, Peter
Kramer, took advantage of the grade differences on site to design a townhome project
that will mimic the height and size of the homes across 5th Street. Landscaping and
parking in the rear of the building will also add to the "curb appeal" of these units.
The Brandes Place development has been a cooperative effort between the Church of
St. William, Catholic Charities, and the Community Housing Development Corporation.
The Church of St. William donated a portion of their property to Catholic Charities, in
2000, for the purpose of developing housing. Catholic Charities has partnered with
Community Housing Development Corporation, the state's largest provider of affordable
multi-family housing, to form the Brandes Place Limited Partnership to be eligible for tax
credits and other financing tools. The Brandes Place LP has already obtained financing
commitments from the Minnesota Housing Finance Agency (MHFA), Anoka County
HOME funds, Wells Fargo Bank, and the Sisters of St. Joseph of Carondelet.
a a
x:
rx � air
uhYt,t.ao 1" ,
Proposed Lot 1
ANALYSIS & RECOMMENDATIONS
Plat Request #02-03
Brandes Place LP is seeking a Plat to divide the current St. William property into two
separate parcels. The Plat will create the lot descriptions necessary for transferring the
property from St. William to Brandes Place LP. The creation of the second parcel will
allow the lot area needed to construct the proposed townhome units.
The proposed lots both exceed all zoning code requirements in regards to lot size and
lot width. The proposed Lot 1 (Brandes Place) is 1.17 acres and the proposed Lot 2
(remaining St. William campus) is 5.8 acres in size. Further, the proposed Plat will not
create any non-conformities for the existing Church of St. William campus.
Currently, portions of 5th Street, 61 st Avenue, and the East Frontage Road are owned by
the Church of St. William and are available for roadway use through a series of street
and utility easements. Through this Plat process, the Church of St. William will dedicate
these portions of roadway to the City.
City Staff recommends approval of the preliminary plat for PS#02-03, with stipulations
found at end of this report.
Comprehensive Plan Amendment CPA#02-01
In 1998, the City of Fridley began updating the City's Comprehensive Plan. The City's
Comprehensive Plan describes itself as a "tool intended to guide future growth and
development of the community. It is comprehensive in that it ties together the various
a
elements that make up 'the city' including land use, housing, transportation,
environment, public facilities and parks and recreation. It is intended to be both a
physical and social plan, covering such topics as the locations and character of
commercial or residential development (land use) to the affordability of housing (life-
cycle housing) and the diversity of jobs".
The Comprehensive Plan sets the overall vision for the City's future. The future land
use plan and map, a vital piece of the Comprehensive Plan, visually displays the
desired land use pattern for the year 2020. The St. William / Brandes Place property is
designated as Public / Semi-Public on the future land use map. The Public/ Semi-
Public designation is placed on nearly all institutional type uses within the City,
including: churches; schools; Unity Hospital; and City buildings. Brandes Place LP is
seeking to amend the future land use map of the Comprehensive Plan, designating the
new Brandes Place parcel (proposed Lot 1) as Multi-Family Residential in the year
2020.
The City's Zoning Ordinance is the mechanism that helps the City achieve the vision
laid out in the Comprehensive Plan. State Statutes, the State Constitution, the US
Constitution, and relevant case law give the City the authority to "zone" property and
place use restrictions on a property, so long as the zoning is in conformance with the
Comprehensive Plan. Prior to the Brandes Place parcel being rezoned from a mix of C-
3 and R-2 to R-3, the future land use designation on the site must be changed to Multi-
Family Residential in order for the rezoning to be in conformance with the
Comprehensive Plan. In short, the Comprehensive Plan is the basis for all rezonings.
As the petitioner has stated in their application for the Comprehensive Plan Amendment
(attached), the proposed project meets many of the goals spelled out in the Plan. The
design and location of the development will help provide for a positive community image
and will provide for "the development of affordable housing for all age groups". Due to
the fact that the proposed project helps the City further a number of goals from the
Comprehensive Plan, staff recommends approval of this request.
City Staff recommends approval of Comprehensive Plan Amendment#02-01, with
stipulations found at end of this report.
Rezoning Request ZOA #02-01
The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2
(Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP
and the Church of St. William are seeking to rezone both of the proposed parcels to R-3
(Multi-Family). The R-3 designation is necessary for the Brandes Place development
and is not an uncommon zoning designation for church property in Fridley.
As stated earlier in this report, the City's Zoning Ordinance and official Zoning Map are
the mechanisms that help the City achieve the vision laid out in the Comprehensive
Plan. The law gives the City the authority to "rezone" property from one designated use
to another, so long as the zoning is in conformance with the Comprehensive Plan. The
success of the zoning request is dependent upon the success of the Comprehensive
Plan amendment.
The petitioner has stated that this site is desirable for the development due to the
proximity to jobs, parks, and transportation option. The size of the site allows a "positive
mixture of housing with open green space will be created with this development".
The rezoning request meets the standard "litmus test" that City Planners use to
determine if a rezoning should be granted. The granting of this request will not result in
"spot zoning". Furthermore, the granting of this request would be an expansion of the
existing R-3 zoning just to the North of this property (Norwood Square). There is very
little developable land in Fridley. Developable multi-family sites are non-existent. This
site is unique, in that it borders existing R-3 property and presents an opportunity to
expand housing options in Fridley.
City Staff recommends approval of Rezoning Request ZOA #02-01, with stipulations
found at end of this report.
STIPULATIONS
Staff recommends the following stipulations be attached to the approval of all land use
requests, above.
1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing.
2). Petitioner to obtain all necessary permits prior to construction.
3). Petitioner shall identify ponding area and provide easements for stormwater run-off
and management.
4). Storm pond maintenance agreement must be filed prior to issuance of building
permits.
5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site.
6). City Engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
7). Code required refuse and recycling enclosures must be installed.
8). Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit.
9) Petitioner to pay any required Park Dedication Fees.
10) Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
11). Property owner of record at time of building permit application, to pay required park
fees prior to issuance of building permits.
12). Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
Comment[RCI]:This is the
I• CITY COUNCIL AGENDA ITEM good
letterhead for memos for the 10/25
MEETING OF SEPTEMBER 23, agenda. ng this fo their agenChar da items.
about using this for their agenda items. If
they don't or they forget,don't worry.
CITY OF2002 It's not absolutely necessary for their
FRIDLEY agenda items to be on this.
Date: September 16,2002
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Subject: Public Hearing For Comprehensive Plan Amendment, CPA#02-01, Brandes
Place, LP
M-02-108
INTRODUCTION
Brandes Place LP is seeking to amend the future land use map of the Comprehensive
Plan, designating the new Brandes Place parcel (proposed Lot 1)as Multi-Family
Residential in the year 2020. The Comprehensive Plan sets the overall vision for the
City's future. The future land use plan and map, a vital piece of the Comprehensive
Plan, visually displays the desired land use pattern for the year 2020. The St. William/
Brandes Place property is designated as Public/Semi-Public on the future land use
map. The Public/Semi-Public designation is placed on nearly all institutional type uses
within the City, including: churches; schools; Unity Hospital; and City buildings.
Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the
future land use designation on the site must be changed to Multi-Family Residential in
order for the rezoning to be in conformance with the Comprehensive Plan. In short, the
Comprehensive Plan Amendment is needed to provide the basis for all the proposed
rezoning.
Changes to the Future Land Use map will aid the City in meeting other goals spelled out
in the Plan. The design and location of the development will help provide for a positive
community image and will provide for"the development of affordable housing for all age
groups".
PLANNING COMMISSION RECOMMENDATION
At the September 4, 2002, Planning Commission meeting, a public hearing was held for
CPA#02-01. A number of residents, both for and against the Brandes Place building
spoke. After discussion by the Planning Commission, a motion was made for the
approval of the Comprehensive Plan Amendment, with the stipulations as presented.
THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE.
PLANNING STAFF RECOMMNEDATION
City Staff recommends approval of the Comprehensive Plan Amendment, as the
changes to the Future Land Use map will aid the City in meeting other goals spelled out
in the Plan. The design and location of the development will help provide for a positive
community image and will provide for"the development of affordable housing for all age
groups". Due to the fact that the proposed project helps the City further a number of
goals from the Comprehensive Plan, staff recommends approval of this request.
STIPULATIONS
1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing.
2). Petitioner to obtain all necessary permits prior to construction.
3). Petitioner shall identify ponding area and provide easements for stormwater run-off
and management.
4). Storm pond maintenance agreement must be filed prior to issuance of building
permits.
5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site.
6). City Engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
7). Code required refuse and recycling enclosures must be installed.
8). Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit.
9) Petitioner to pay any required Park Dedication Fees.
10) Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
11). Property owner of record at time of building permit application, to pay required park
fees prior to issuance of building permits.
12). Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 5
Ron Kassa Construction
6005 -250' St. East
Elko, MN 55020
2002 Miscellaneous Concrete Repair
Project No. 344
Estimate No. 5 $9,235.09
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
No visitors in the audience spoke.
Councilmember Bolkcom stated that the train whistle meeting scheduled for Tuesday, September
24, 2002, will be rescheduled to a later date.
Mayor Lund stated thanked all the sponsors and participants in the 9/11 tribute in Fridley. He
said he thought it was very successful.
PUBLIC HEARING:
13. CONSIDERATION OF A PLAT REQUEST, PS #02-03, BY BRANDES PLACE
LIMITED PARTNERSHIP, TO REPLAT PROPERTY INTO TWO LOTS,
GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1).
14. CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT, CPA
#02-01, BY BRANDES PLACE LIMITED PARTNERSHIP, TO CHANGE A
PORTION OF THE CITY'S COMPREHENSIVE LAND USE PLAN IN ORDER
TO ALLOW HIGHER DENSITY ON THE PROPERTY, GENERALLY
LOCATED AT 6160 FIFTH STREET N.E. (WARD 1).
15. CONSIDERATION OF A REZONING REQUEST, ZOA #02-01 BY BRANDES
PLACE LIMITED PARTNERSHIP, TO REZONE PROPERTY FROM R-2, TWO
FAMILY RESIDENTIAL AND C-3, GENERAL SHOPPING, TO R-3, GENERAL
MULTIPLE UNITS-RESIDENTIAL, IN ORDER TO ACCOMMODATE 16 MULTI-
FAMILY HOUSING UNITS, GENERALLY LOCATED AT 6160 FIFTH STREET
N.E. (WARD 1):
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23 2002 PAGE 6
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:53 P.M.
Mr. Knaak, City Attorney, stated that when there are multiple requests, the legal duties of the
City Council stem from the basic legal background of what it is they are required to do. This
includes preparing, creating, and adopting a comprehensive municipal plan and amending it from
time to time as necessary. The plan is enforced through the zoning code which is required by
law to be consistent with the Comprehensive Plan being adopted. Assuring compliance with the
plan through its subdivision regulations (platting) is the final legal requirement.
Mr. Knaak stated that Council can either review the plat and approve, enact and amend the
Comprehensive Plan, and rezone. The information Council can properly consider in its hearings
are concrete, objective facts and qualified opinions that will assist in evaluating the proposal
from the viewpoint of the health and safety of Fridley residents. Examples are traffic studies,
engineering reports, planning reports, and information relating to the proposal.
Mr. Knaak stated that information that cannot be considered in reaching a decision includes
information that concerns an applicant or group of individuals, either as to income, race, age, or
personal characteristics, attitudes or purported behavioral characteristics. While neighborhood
opposition to a proposal can be noted on the record, under Minnesota law, neighborhood
opposition cannot be the sole or primary objective reason for a denial. The Council's decision on
any of these matters must be based on the facts presented at the public hearing. It is normally
required that the Council articulate the basis for its decision in findings of fact stated in the
recorded minutes of the meeting. In Fridley, the practice has been to provide for action on a
matter to occur in the meeting following the final public hearing.
Mr. Knaak stated that the comprehensive plan sets the overall development goals for the City.
Plats are specific, recorded land configurations that must conform to the plan and ordinances.
The procedure includes the preliminary review and approval of the plat and determining whether
any dedications are needed and whether conditions are needed to protect public welfare and
safety.
Mr. Knaak stated that the final approval of a plat requires only one hearing, but Fridley holds
two. Once preliminary approval is granted, Council must determine whether final approval is
consistent with earlier conditions and the general welfare and safety. If ordinance conditions are
met, they must be approved.
Mr. Knaak stated that the Comprehensive Plan is the basic document for development in the
City. It requires lengthy study and Metropolitan Council review and approval. All other land
use controls are subordinate to the policies and mandates of the Comprehensive Plan. No
zoning or subdivision regulation can alter it. The Comprehensive Plan is considered to be a
legislative function of the City Council. Council bases its determination for any changes based
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 7
on reasonably reliable information and studies made available. Any changes require affirmative
majority vote and are not final until review has occurred by the Metropolitan Council. Zoning
codes are the specific structural, placement and use regulations adopted to enforce the
Comprehensive Plan, and to protect public health and safety. Changes in Comprehensive Plans
must be reflected in the zoning code. When a change has or will occur in the Comprehensive
Plan, a City must modify its zoning code to conform. Changes can occur with a simple majority
vote based upon reasonable factual information that could "allow an ordinary person to reach a
conclusion consistent with the adoption of the amendment." Information for an amendment
should be based on public testimony and documentation submitted into the record. Council
members are allowed to use their own actual knowledge and experience, but should state the
basis of their conclusions.
Mr. Knaak stated that the Religious Land Use and Institutionalized Persons Act of 2000
(RLUIPA), is a Federal statute and mandate on all cities. It applies in cases in which a land use
regulation may impose a burden on a "religious use or exercise," particularly in cases in which
the use receives Federal financial assistance.
Mr. Knaak stated that at one time, a party challenging a City's decision in a zoning, platting or
comprehensive plan matter has a heavy burden of showing that the City acted improperly. The
law creates a presumption that the City acted appropriately if there is any reasonable basis at all
in the record to justify the decision, regardless of whether a reviewing Court agrees. RLUIPA
now seems to shift the burden to the City to show, on the record, that the decision was in
furtherance of a compelling governmental interest and it was the least restrictive means of
furthering that interest. The applicant must show that the decision imposes a "substantial
burden" on the applicant.
Mr. Knaak stated that numerous challenges to RLUIPA are working their way through the
Courts. For the time being, RLUIPA is the law. Under RLUIPA, if an application on a land use
matter is pending from a religious organization, any denial must be based upon sound evidence
in the record and that it furthers a compelling public interest in the least restrictive means
possible.
Councilmember Wolfe stated that the memorandum from Mr. Knaak to Councilmembers stated
that: "It is important to note that no court has yet construed this particular provision against a city
in this manner. Moreover, there has been strong criticism of this language and a constitutional
challenge in the courts is virtually inevitable."
Mr. Bolin, Planning Coordinator, stated that the petitioner and property owner of this request is
Brandes Place Limited Partnership. The petitioner is requesting three separate items in order to
construct sixteen townhome-style multi-family units at 6160 Fifth Street. The plat request is to
create a new parcel for the construction of sixteen townhome-style multi-family units on the
parcel. The Comprehensive Plan Amendment is to change the City's future land use map
designating the future use of the newly created parcel as multi-family housing. The rezoning
request is to change the zoning from R-2 to R-3 which would allow the construction of
townhouses on that site. The property involved is on the Church of St. William's campus. It is
bordered on the south by 61St Avenue, the east by Fifth Street on the east side, the west by
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 8
University Avenue, and the north by Norwood Square. Moon Plaza is located northwest of the
property.
Mr. Bolin stated that the petitioners are seeking a plat to divide the current St. William's property
into two separate parcels. The plat creates the lot descriptions necessary for transferring the
property from St. William's to Brandes Place Limited Partnership. The creation of the second
parcel will allow the lot area needed to construct the proposed townhome units. The proposed
Brandes Place lot on the preliminary plat is referred to as Lot 1, and the remaining St. William's
parcel is referred to as Lot 2. The proposed lots both exceed all zoning code requirements with
respect to lot size and lot width. The proposed Lot 1 is slightly over one acre in size and the
remaining St. William's parcel is nearly 6 acres in size. The church's building still meets all
setback requirements, so there are no non-conformities to the plat process. Also the Church of
St. William's actually owns portions of Fifth Street, 61"t Avenue and the east University Avenue
Frontage Road. The City has a right to use those streets for a roadway easement. It is more
common for the City to own the streets where the right-of-way is. The City will get the
easements from the Church through a dedication as part of this plat process.
Mr. Bolin stated that staff recommended approval of the preliminary plat with stipulations.
Mr. Bolin stated that in the plat amendment request, the future land use map of the
Comprehensive Plan for Lot lis sought to be changed to multi-family residential in the year
2020. A rezoning cannot be done without first changing the future land use map of the
Comprehensive Plan. The future land use plan and map visually displays the entire land use plan
for 2020 and both properties are currently designated as public/semi-public. That designation is
placed on all institutional types of development within the City of Fridley including churches,
schools, Unity Hospital, and City buildings.
Mr. Bolin stated that the petitioners are seeking with this request is to simply change the portion
of the Brandes Place lot to multi-family housing. The remainder of the St. William campus
would stay as public/semi-public designation. The proposed Brandes Place project meets many
of the guidelines for the comprehensive plan. The design and location will help provide for a
positive community image and development of affordable housing for all age groups. The
proposed project helps the City further a number of goals for the comprehensive plan. Staff
recommended approval of the Comprehensive Plan amendment request with stipulations.
Mr. Bolin stated that the third and final request is to rezone both of the proposed parcels and the
remaining St. William campus to R-3, multi-family. These properties are currently a mix of the
R-2 and the C-3 zoning districts. The St. William's Church does not have plans to convert its
property to commercial any time in the near future.
Mr. Bolin stated that if the rezoning is successful, the entire parcel would become R-3. This
would be an extension of the Norwood Square property to the north which is already R-3. The
law gives the City authority to rezone property from one use to another as long as the rezoning is
in conformance with the comprehensive plan. The granting of the request will not result in spot
zoning as it will be an expansion of the existing R-3. There is very little developable land in
Fridley and the R-3 sites are non-existent. This site is unique in that it borders existing R-3
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 9
property. An expansion of that current zoning district would provide an opportunity for some
more housing options in Fridley, would present a positive image, and would help further the
goals identified in the Comprehensive Plan. Staff recommended approval of this rezoning
request with stipulations.
Mr. Bolin stated that the stipulations for the three requests are as follows:
1. Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing.
2. Petitioner to obtain all necessary permits prior to construction.
3. Petitioner shall identify ponding area and provide easements for stormwater run-off and
management.
4. Storm pond maintenance agreement must be filed prior to issuance of building permits.
5. Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
7. Code required refuse and recycling enclosures must be installed.
8. Landscape plan to be reviewed and approved by City staff prior to issuance of building
permit.
9. Petitioner to pay any required park dedication fees.
10. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
11. Property owner of record at time of building permit application, to pay required park fees
prior to issuance of building permits.
12. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
Mr. Bolin stated that at its meeting on September 4, the Planning Commission held a public
hearing on these items. Many residents came to voice their opinion. All three motions failed on
a 3 to 3 tie vote. Council does not act on the items at the hearing tonight. The 60-day date has
been extended to November 27. Prior to the Planning Commission, the City received a petition
with 234 signatures and 89 letters of support for the project. There was only one letter against
the project. As of last Wednesday, 178 letters addressed to the Council were received in support,
and 68 letters against. Those are included in the Council's packet. Another petition with 42
signatures in support of the project has been received, and there have been numerous telephone
calls and e-mails.
Councilmember Billings asked Mr. Knaak to explain the difference between an easement and a
dedicated right-of-way, and if there is significant advantage to the City one way or the other.
Mr. Knaak, City Attorney, stated that a roadway that is dedicated and accepted by the City is a
trust for the benefit of the public. A vacation process is the reverse process and takes the
dedicated easement and restores it to the property owners. When the City receives an easement
by way of a plat such as this, it is essentially the same thing.
Councilmember Billings stated that whether or not the City approves the replatting, it will have
no significant effect on the roadways.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23.2002 PAGE 10
Mr. Knaak stated that is correct.
Councilmember Billings asked how different the current R-2 zoning is from the R-3 zoning.
Mr. Bolin stated that R-2 zoning is single family homes and duplexes. The R-3 zoning allows
single family, two family, and multi-family units based on a square footage requirement. The
proposed lot with R-3 designation allows 17 units to be placed on the property.
Councilmember Billings stated that none of this is zoned R-1, single family. He said it is
permissible to build single family housing where duplexes are allowed but you cannot build
duplexes where single family housing is allowed. He has received many calls regarding senior
housing to be used in this area. He asked what that would require.
Mr. Bolin stated that to get a higher density, it would need to be rezoned to R-3.
Councilmember Billings stated that the action is to rezone it, adjust the Comprehensive Plan, and
replat. If this were going to be senior housing, it would require the exact same actions of the
City Council. On 7t' Street and 63`a Avenue, there are a number of single family homes that are
rented and owner-occupied. Once the zoning is in place, the owner has the opportunity to use it
in whatever fashion meets that particular zoning.
Mr. Bolin stated that is correct.
Councilmember Wolfe asked if the petitions included only Fridley residents.
Mr. Bolin stated that 32 signatures on the most recent petition were not Fridley residents.
Councilmember Barnette asked why Brandes Place Limited Partnership is requesting this rather
than the owner of the property.
Mr. Hickok stated that it is a partnership formed for monetary reasons and to take advantage of
tax credits for this type of housing. It is not unusual for a petitioner to come forward that is the
developer for a project. Tonight we see the petitioner and the landowner standing together as a
team and this partnership represents the entire group of Wells Fargo Bank and the developing
committee and the MHFA. The committee and the developers are partners in this. The
development corporation is a non-profit while Wells Fargo is for profit and can take advantage
of the tax credits. The development committee can utilize the capital of Wells Fargo, in this case
about $1,400,000, for the project.
Councilmember Barnette asked if the current owner of the land, St. William's Church, makes a
rezoning request that passes, when and how does the title of the land change. He asked who then
owns the land and who pays taxes.
Mr. Hickok stated the land could not be transferred until a plat is approved.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 11
Councilmember Barnette asked if the request fails, would the title of the land stay with St.
William's or is there a contractual agreement that leaves the land ownership up in the air.
Mr. Hickok stated that it is all concurrent. A positive action on the part of the City Council
would make the project work or the land will remain as it is in the hands of St. William's
Church.
Councilmember Barnette asked if Catholic Charities was a C-3 non-profit corporation.
Mr. Knaak stated that is not a question answered by the courts. You have to look at the function
and what it describes itself to be. The area is getting grayer and grayer as churches redefine what
their missions are. When this was in Congress, the question was asked at what point does the
activity of an outreach program, for example, of a church, become something other than a
religious activity. There is no answer. If it declares itself to be a religious institution, we have to
consider it to be that.
Councilmember Barnette asked if Catholic Charities assumes ownership of the land if they
would manage the property or hire a management firm. He asked if Catholic Charities could sell
the land after the units were built.
Mr. Hickok stated that this is a tax paying parcel. The transfer of property and what the
stipulated arrangement is between the different entities would be deferred to the petitioner.
Councilmember Bolkcom asked what the process is when the developer comes forward.
Mr. Bolin stated that any developer will telephone staff about the proposed project. We ask them
to come in and meet informally with Planning, Engineering and Fire Department staff. We look
at the merits and define areas where they may need a variance, special use permit, plat or
rezoning. With St. William's, a similar process was followed.
Councilmember Bolkcom stated that this would have come before the City Council no matter
what the vote was on the Planning Commission.
Mr. Bolin stated that was correct.
Councilmember Bolkcom asked Mr. Bolin to explain what NPDES and the NURP stand for.
Mr. Bolin stated that the Engineering Department stipulates that and it is basically the federal
requirements for run-off and storm water management.
Councilmember Bolkcom stated that the Comprehensive Plan did not go through and change a
lot of zoning in many of the rest of the areas of the city to be developed.
W. Bolin stated that the plan is meant to be revisited at the request of the petitioners.
Councilmember Bolkcom asked what goals in the Comprehensive Plan this proposal meets.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 12
Mr. Bolin stated that in the housing section, there are a number of points about providing more
affordable housing for families. There is a lack of three bedroom units in Fridley and Anoka
County.
Councilmember Bolkcom asked about spot zoning and what it means.
Mr. Bolin stated that it goes into particular neighborhoods and picks one particular lot right in
the middle of the larger block to be a different zone. Generally when rezoning is done you look
for larger blocks where it makes sense to rezone. Here, there is a parcel to the north that is
already zoned R-3 as all multi-family units are. This rezoning is simply an extension of the
district.
Councilmember Bolkcom asked if traffic counts were done in this area.
Mr. Bolin stated that staff has not conducted any traffic counts. We would be looking at an extra
32 cars with 16 units. That would not have a great impact on 5a' Street.
Mr. Hickok stated that a national engineering study indicates that for a townhouse development,
each townhouse will generate 7 cars per day. That is what you can anticipate for a 16 unit based
on a national study. This roadway can handle that because it has a wide street and is heavy in
terms of its construction. It does border the back of commercial and redevelopment properties
that anticipated traffic like this.
Councilmember Wolfe asked if this passes and they do pay taxes, is the property still considered
a religious property.
Mr. Knaak stated that it is not uncommon for religious organizations to pay taxes or make
payments in lieu of taxes.
Councilmember Wolfe stated that we are assuming that RLUIPA will be in effect here.
Mr. Knaak stated that it is in effect. The issue is whether it would continue to be in effect over a
period of time.
Councilmember Billings asked if the stipulations are similar to most redevelopment stipulations.
Mr. Hickok stated that they are.
Councilmember Billings asked if a "John Smith" construction company came in to do the same
thing, would anything be done differently. He asked if we were giving this proposal any
favored treatment.
Mr. Hickok stated that the City was not giving any favored treatment.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 13
Ms. Janet Pope, Asset/Developer Manager for Community Housing Development Corporation,
stated that in answer to Councilmember Barnette's question, there is a purchase option now on
the property that Catholic Charities has with the Church of St. William. It is a donation from the
church. The partnership is made of the CHDC and the Wells Fargo Bank to form Brandes Place.
This is not a non-profit organization and is the entity that will own the land and the development.
The property will then be leased to Catholic Charities who will provide property management
and support services to the residents in the development. This arrangement has been made with
Catholic Charities on other properties. Catholic Charities has a good record for property
management.
Ms. Pope stated that CHDC is the largest provider of multi-family affordable housing in
Minnesota, and has over 2,300 units. They have various financing mechanisms and have found
that the key is to cooperate with the local community. They met with staff and worked hard to
make the rezoning work. They are asked to provide housing that will meet the needs of the work
force housing in communities or to take over properties that are in trouble. They have taken time
to raise funds for Brandes Place and propose to build quality units. The MHFA has committed
funds, the Anoka County Home Program, the HUD program and the Sisters of St. Joseph of
Carondelet. The total development cost is about $2,500,000 and the private contribution is just
over $1,400,000 from Wells Fargo and the Sister of St. Joseph's funds. Excellent property
management is key also. They are working basically with three property managers because they
have to rely on excellent property management, careful tenant screening, move-in inspections,
follow-up inspections on housekeeping issues, and light maintenance. They are very committed
to keeping on top of preventative maintenance. They have learned that they need substantial
replacement reserves to keep the property looking good.
Ms. Pope stated that the property will be transferred at the real estate closing. Once Brandes
Place Limited Partnership owns the property, there are a variety of restrictions that mean that
they need to keep the property as affordable housing for 30 years and get money contingent on
doing that. The properties they work with end up being assets to the community. She said she
does understand the concerns of the neighbors about property values. Two studies that have
been done in the Twin Cities area that showed that property values in neighborhoods close to
affordable housing went up faster after the development was built.
Councilmember Barnette asked if the tenant does not pay more than 30 percent of their income
towards the rent, who would subsidize the other part of the rent.
Ms. Pope stated that they received Section 8 for 15 of the 16 units from the Metropolitan Council
which is a HUD program.
Mayor Lund stated that he does not know that it is 30 percent of the tenant's income that goes for
rent because the income could be a wide range.
Ms. Pope stated that it could be close to what the rent is depending on income.
Councilmember Billings asked if Ms. Pope could describe affordable work force housing.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 14
Ms. Pope stated that it could include people pursuing education or other training. Other people
may be administrative assistants, dental hygienists, daycare providers, beginning teachers, and
service front-line people.
Councilmember Billings asked if an acquaintance of his family whose husband was killed by a
drunk driver and who has two small children would qualify. There was not any life insurance
and she makes a little over $22,000 with two small children.
Ms. Pope stated that that family would qualify.
MOTION by Councilmember Bolkcom to receive the article called "A Study of the Relationship
Between Affordable Family Rental Housing and Home Values in the Twin Cities" by Maxfield
Research Inc., dated September, 2000. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTIN CARRIED UNANIMOUSLY.
The attorney for Community Housing Development Corporation stated that the Civil Rights Act
prohibits discrimination against families with children. There have been reports that Brandes
Place is okay for seniors but not okay for children.
Mr. Peter Kramer, Architect, Roark, Kramer and Kowalski Architects, stated that he wanted to
show what they were proposing in terms of building height. The 16 units are located along Fifth
Street on the piece of property that has been identified as Lot 1. They propose to locate the two
story townhouses along Fifth Street at the break of the hill. The property slopes down and allows
the design of a two-story configuration with a walk out at the back. Parking, trash enclosures,
and play areas are located at the lower level behind the townhouses with the access drive from
Fifth Street to the center of the property. The buildings are grouped in four, with a walkway
between the pairs. The materials are quality and long-term and somewhat maintenance free.
Masonry will be used around the foundation areas. The site will be fully landscaped to conform
to the standards of the City. The building plans have been reviewed by the building inspector.
He said they are in the process of finalizing the ponding behind St. William's Church. The units
have a basement and a walk-out with landscaping in the front. The stipulations attached are not
pediments.
Councilmember Bolkcom asked how big the play area was.
Mr. Kramer stated that it is about 1,200 square feet.
Mr. Burns asked if the development costs are included in each unit.
Mr. Kramer stated that the construction costs are about $125,000.
Father Larry Snyder, Executive Director, Catholic Charities of the Archdiocese of St. Paul and
Minneapolis, stated that he subs at St. William's. Friendly Fridley is a true spirit he experienced
at the church. Catholic Charities is recognized as a separate non-profit organization and provides
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 15
help and hope, especially in the areas of child welfare and those struggling with housing. He
said Catholic Charities is committed to being a good neighbor. This is named for the former St.
William's exemplary priest John Brandes.
Ms. Allison Boisvert, Assistant Director; Emergency, Housing and Transitional Services,
Catholic Charities, stated that they know how to provide a wide continuum of housing. They
support people who are struggling. They have 304 units of permanent housing under
management and manage 780 units of transitional and sheltered beds. She said they have a track
record for well maintained buildings inside and out. The operating budget for Brandes Place will
be financed through resident rents, Section 8 rent subsidies and private fundraising by Catholic
Charities. Currently, they manage Dupont Residence for families with HIV in south
Minneapolis. They also manage 55 family members in Maplewood at a shelter for a thirty-day
program at the Family Services Center. The Evergreen on Glenwood Avenue is well maintained
with nice landscaping. Mary Hall houses approximately 180 people everyday in St. Paul at 438
Main Street. She said they will screen people from this area. The families who apply will be
interviewed with thorough background checks and those with serious criminal records will not
be accepted.
Councilmember Billings asked if Section 8 vouchers were issued and if there was a waiting
period or if it was at the discretion of Catholic Charities.
Ms. Boisvert stated that it is at the discretion of the management team and they have a deeper
screening than most. There is a team of people who interview.
Councilmember Billings asked what kind of screening process would be used at the proposed
facility.
Ms. Boisvert stated it would be multi-person screening. She said they have an advisory board
that consists of people from St. William's.
Councilmember Billings asked if this type of property generates more police calls.
Ms. Boisvert stated that the unit most like the one proposed here in Fridley had 5 police calls in
the last year. There are 6 units there. One call was for a parking issue and one for a child
missing.
Councilmember Bolkcom asked how many children can live in one unit.
Ms. Prober stated that there can be two per bedroom.
Councilmember Bolkcom asked if there could be two families of single mothers with children
living in one unit.
Ms. Tracy Berglund, Assistant Administrator, Minneapolis Services of Catholic Charities, stated
that two single mothers could not sign a lease together.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 16
Councilmember Bolkcom asked how long the similar six-unit building has been under their
management.
Ms. Boisvert stated about 7 years.
Councilmember Wolfe asked about the vouchers that would be needed for Section 8.
Ms. Boisvert stated that they would need project vouchers.
Councilmember Bolkcom asked if there are restrictions when there is Section 8 with respect to
eviction because of multiple police calls to a unit or illegal activities.
Ms. Boisvert stated that well managed properties do not have those issues. There will be 24-hour
per day, 7 day a week coverage.
Councilmember Barnette asked if a family is creating problems, what kind of procedure must
occur pursuant to Section 8 rules for eviction.
Ms. Berglund stated that they are allowed to use a month-to-month lease and if the residents are
not following the guidelines they could be asked to move. If they do not leave, the next step
would be court and possibly help from the police.
Ms. Marilyn Wegscheider, Director of Social Justice and Outreach for the Church of St. William
and Coordinator of the Brandes Place Project as representative of St. William, stated that
Norwood Square is listed as 202 Section 8 housing 100 percent subsidized based on the income
of the residents. Family housing is needed equally as much. The average rent for a two-bedroom
apartment is $916. People cannot afford anything else beyond housing. St. William's is trying
to respond to that need. Food shelves provide food, but people can only use that once per month.
She said it is not a rich parish and giving the land was a sacrifice. It was done as part of the
parish's jubilee celebration.
Father Joseph Whalen, Pastor, Church of St. William, stated that they have heard from the
federal government that faith-based initiatives are part of local responses to social outreach
needs. He said that "Families Moving Forward" is a program that asks local churches to host
families who have no homes for a period of one week at a time. The families stay in churches
for one week and then go to another local church for one week. St. William participates and
hosts families about four weeks per year. These are people who are working and cannot afford
market rate rents. He said the decision to donate the land was made prior to his arrival at St.
William's. St. William is the caretaker of the land and in the eyes of God, none of us own or
possess anything. This project will be affordable and dignified.
MOTION by Councilmember Barnette to allow Fridley residents to speak first, and then people
from other communities. Seconded by Councilmember Wolfe.
Councilmember Bolkcom stated that people deserve the same amount of attention and it is not
only a City of Fridley issue.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 17
Mayor Lund stated that there maybe two individuals from other cities.
Councilmember Billings asked if all the cards contained cities where people live.
Mayor Lund stated that they did.
Councilmember Billings stated that they are probably going to spend more time discussing this
than necessary.
UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE AND WOLFE VOTING
AYE, MAYOR LUND, COUNCILMEMBER BOLKCOM VOTING NAY AND
COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND DECLARED THE
MOTION FAILED.
Ms. Louia Thompson, 6270 7t' Street N.E, stated that she is opposed and would much rather see
a low income senior unit.
Ms. Ellen Raeker, 451 Rice Creek Terrace, stated that she is a physician at Unity Hospital and
attends St. William's Church and is in favor of Brandes Place. She said there is a need for
affordable housing in our suburb. Working people can easily end up homeless making less than
$14 per hour and these are people she depends on every day. St. Mary's Clinic treats people
without health insurance. Many of these clients are low wage families with children. There may
be a possible impact on the schools. People who live there will be screened. She thought the
Brandes Place handbook for rules and regulations to be extensive. The Comprehensive Plan
calls for housing to be provided for all people. Brandes Place fits the bill.
Mr. Daniel Garcia, 6471 Fifth Street, stated that he lives in the HUD subsidized housing right by
City Hall. Just drive through there on a weekend, with the Police Department across the street
there is noise and fast traffic. Under Section 8, it is very hard to evict someone. He used to be a
manager for Anoka County ACCAP. He used to see all the problems and could not do anything
about it as it had to go through the office. They were told that they had to have visual proof, and
if they are doing anything illegal, they have to have video and pictures. The seniors who live
there are scared to come out of their houses because of the young people who live there who
come out at night and on weekends. We have on-site management who are there from 8:00 a.m.
to 4:00 p.m. and then leave. He encourages Council and the Mayor to drive by this area on a
Friday or Saturday night.
Mr. Roger Avery, 6010 Glencoe Street N.E., stated that he thinks there are other ways we could
spend the money and put the effort into the people who made Fridley and Anoka County--the
elderly. There would probably be an additional 112 cars per day more than there is now. We are
adding two more police officers. The school system is overloaded. We cannot afford our taxes
to subsidize this project.
Ms. Kathy Freichels, 6051 Sixth Street N.E., stated that she is a member of the Parish Council
and the Brandes Place Advisory Committee at St. William's. She supports Brandes Place.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 18
Affordable housing for families is crucial for success in communities. Fridley should be a city of
opportunity and each citizen is important.
Ms. Dee Larson, 6161 Fifth Street, stated that her driveway will be across from where the new
driveway will be. She is concerned that she will be across from all the traffic. She said they
noted the multitude of cars going by in front of their house when they first moved in, and would
not let the kids play in front of the house. There was an accident near their driveway. The pond
at Norwood Square did not do its job because her ex-husband's business in Moon Plaza had
problems with water on three occasions and there was damage to his business. Brandes Place
would be built into the slope. She is against Brandes Place. She has been fighting financial
battles for many years and will soon be homeless. It is easier for her as a 35-year-old woman to
get a job and start over than senior citizens. Seniors do not have as many resources.
Ms. Pat Dufresne, 6121 Fifth Street, stated that she is directly affected and can see the site out
her front windows. She said people are judging many families with children who they have
never been met solely on their income level. That is disturbing. She has met many families
seeking affordable housing and most are sincere and hard working. Their hopes and desires are
not any different than ours. She believes stability for families is important and to do unto others
as we would have others do unto us. We have an opportunity to be kind and generous to our
fellow man. Fridley could be a model for other communities to follow.
Mr. Don Mahr, 6181 Fifth Street, stated that a senior center would be better to avoid many
problems. Most of us here today tightened our belts and built up. Let these people go to work.
Ms. Connie Metcalf, 860 Moore Lake Drive, stated she did a study of affordable housing on
behalf of the League of Women's Voters last year. She is disturbed by some of the fears
expressed by people. This project will be well supervised and these fears will be removed. She
said if there was any difference with the zoning applying to senior or affordable housing or if
they are required to be supportive to either one in the vote?
Councilmember Billings stated that R-3 would apply to multi-family or multiple unit housing
and could be affordable or senior housing. Any decision Council makes has to be made on the
land use issues not on who the actual occupants of the property are going to be.
Ms. Metcalf stated that since there is senior housing already, she cannot think of any other better
use of this land than for families and children who need a secure home. She votes "yes".
Mr. Bob Mickelson, 6320 Seventh Street states that the Section 8 housing near City Hall which
his yard backs up to is "hoodlumville." The City is not doing a very good job keeping that area
quiet and he said he thinks similar problems will happen with Brandes Place. He said there is
enough Section 8 housing in this area.
Mr. Joe Menth, 147 Chesney Way, stated that he was a trustee at St. William's. He said this
would make affordable housing available to needy people. He did not know whether to say yes
or no at first, but the turning point for him was the rule book put together by Catholic Charities
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 19
for the Dupont project. The people at Catholic Charities know what they are doing and are
professionals. He is recommending Council say"yes."
Ms. Jean Hegberg, 5881 Second Street N.E. stated that she lives around many low-income
people. She said there is enough of this housing in Fridley. Building a senior place would be
much better.
Ms. Gina Overacker, 1088 Hackman Circle, stated that when they first moved here ten years ago,
they moved three times in one year to find affordable housing. Her son and his family cannot
afford rent. She said they pay $1,200 per month for a three bedroom apartment. Her daughter
who was the Fridley Princess has a job, makes good money, is going to college and cannot afford
her own place in Fridley. She would love to have her own apartment but she cannot. She lives
at home. This is admirable St. William is going to give this property and there is a need for this
type of housing. Getting a job is not the answer and not everyone is equipped for college. If this
does not pass, all we are doing is losing affordable housing to offer people. We hired two police
officers because two left, not because there is so much crime. Crime is not necessarily where
low income people live.
Mr. Ray Peters, 6021 Central Avenue, stated that the law is on Council's side to vote yes. If that
does not work there is always RLUIPA, which is unconstitutional and does not define any
separation between church and state. Vote "no" for the following reason: Why should this
neighborhood be forced to absorb any more high-density housing. He asked if Mayor Lund was
a member of St. William.
Mayor Lund stated that he is.
Mr. Peters asked how the Mayor could vote on this issue. If the vote is a tie, the City should but
it up for a vote by the residents. He said it is a high density housing on a neighborhood that is
already overburdened.
Mayor Lund stated that he is a member of the parish and this is not inconsistent with him being
part of this community like anyone else. His position in this endeavor is to vote after hearing all
input from both sides and do what is best for Fridley, not his own personal beliefs and feelings.
Mr. Barney Buss, 6050 Fifth Street, asked how long this would be there. He asked if the land
was given to Norwood Square in the same manner. The flyer that went out pertaining to this
matter was anonymous and originated from a concerned citizens group. He said they held a
neighborhood meeting and decided to put an ad in the paper and send out a flyer to the
community. The neighbors did not know about the project, and they wanted to let the people
know what was happening. His wife is a parishioner of St. William's and the parishioners were
not given a vote. It seemed that when this did happen, they were led to believe that this was a
done deal and they did not have a chance to fight it anymore. The objections at the few meetings
the church did schedule appeared not to hold any weight, so the people stopped fighting it. The
Focus would not put an ad in the paper to let the people know of the Planning Commission
meeting. He expected something to be in the paper following the Planning Commission meeting.
There was nothing. No one knew about it so the neighborhood sent out a flier. The flier did not
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 20
say who it was from. It did not say how people should vote. He said they did it as a service to
the community. People thanked them for letting them know. He thanked the people who walked
the streets distributing the flyer. When a person said "yes," they honestly recorded that person's
desire. Their result was 391 against this project and 37 in favor. He asked if Council would
accept the reporting.
Mayor Lund stated that they would.
Mr. Buss stated that Council will give preference to individuals coming in over the residents in
Fridley who have been there many years.
Mayor Lund stated that he is not saying that at all.
Mr. Buss asked if they should continue the petition then.
Mayor Lund stated that they have accepted a couple of other petitions.
Mr. Buss stated there has been an overwhelming number of people who do not want this project.
He asked if they should continue.
Councilmember Bolkcom stated that Council was trying to receive all the information they
possibly could and would not encourage or discourage Mr. Buss to go forward. She said she
would like to hear other information. She would like reasons to base their decision on.
Councilmember Barnette stated that voting on everything would be an excellent way. A
referendum will probably not happen either. He was elected to make the decision himself, but all
of this is helpful.
Councilmember Bolkcom asked Mr. Knaak about the legal issues on how to go about this. She
said there are statutes that help Council make their decisions.
Mr. Knaak stated that Arden Hills was faced with a request by Northwestern College to expand
their facility. The neighbors showed up and there was unanimous opposition to the expansion.
The City Council turned down the proposal. The Minnesota Supreme Court enunciated the law
stated earlier that this was illegal. Property owner opposition cannot form a basis for an adverse
determination. Opposition alone cannot serve as the sole and primary basis in any kind of
decision according to Minnesota State law.
MOTION by Councilmember Wolfe to accept the petition. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Albert Narog, 6720 Quincy Street N.E., state the he has lived in Fridley since 1958. He has
met many people who are for or against this. He said we are talking about people, some we like,
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 21
and some we do not. That is why we have war and we should like the new people that would
live across the street.
Ms. Janet Kreutter, 5916 Second Street, stated that she lives by a low income area. She bought
the house as a single mom. She worked really hard. She does not want to go out in the street any
more. There are kids in a pack like wolves and they will not move out the street when you are
driving. They spit at you and look at you and tell you to move. She likes her house and wants to
stay here, but if this continues she will not. People are selling their homes to get out, and she
lives by a park. It is a horror story and she would love to see the park demolished. Needles are
all over it and all over the empty lot near her house. There are vehicles parked on the grass with
no tabs that have not been moved in over a year. The police tell them there is nothing they can
do. They have enough of a low income area. Friendly Fridley is wonderful but give lessons on
how to be a good neighbor and not run the streets until 4:00 a.m. Rocks are thrown at the houses
and cars. The police come but they are gone already and then they come back. Problems do not
go away fast. She worked two jobs and sent her kids to college. Anyone can do that. Give this
to the seniors. We will all be there someday.
Father Jon from the Church of the Resurrection of Christ at 1201 Hathaway Lane in Fridley, said
that he knows the good work that Catholic Charities does, and he thinks it would be a great thing
to have them manage this place.
Mr. Tom Guza, 6221 5'i' St. NE, stated that this matter could be liable for a lawsuit and RLUIPA
is another lawsuit waiting to happen. It seems like a threat. You thanked the community for
attending the September 11 celebration but this process seems to be getting stomped on. His
father is 85 and was in World War II and worked hard. His neighbor is 93 and her husband was
killed in 1931. She had two children and she pulled herself up and sent her kids to college on her
own without help. The problems occurring in this country are that we are empowering people
who make mistakes to stay in the same situation. You represent the people of Fridley and you
must listen to people.
Ms. Jeanette LeBlanc, 4856 Madison Street N.E., Columbia Heights, stated that she has lived in
Anoka County for 30 years. She had four children and is a single parent. She said she does not
know where all this negativity is coming from. She has been a parishioner of St. William's, and
this proposal is much more positive than what is being portrayed. She is proud to be a
parishioner and will continue to be a parishioner.
Mr. Ronald Anderson, 6331 Washington, stated that he has lived in Fridley since 1963. If you
go to any stores in the area, you will see a sign saying no more than 2 kids in the store at one
time. If they put in this low-cost housing, the kids run wild. Nobody seems to care. This is not
right. He said it should be put on the ballot and let the City of Fridley residents vote on this.
Mr. Earl Newburg, 6598 Clover Place, stated that he has lived in Fridley since 1956. Before
coming to the meeting, he called the Anoka County Social Services and asked if there was a need
for this type of housing. They said that there definitely was. He asked about Catholic Charities
and they said they do an excellent job. This has been a good neighborhood, and the new people
will be evaluated to see if they would be good citizens.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23 2002 PAGE 22
Mr. Jack Kirkham, 430 - 67t' Avenue stated that it is not fair that the petitioners got an hour and
half to speak. The "no" people should have an hour and a half. Anytime someone is making a
proposal there will be many promises made that cannot necessarily be kept. A good example is
Mr. Garcia's comments. Catholic Charities states that three strikes and you are out. Mr. Garcia
can testify that it is very hard to remove someone. How are they going to screen, when the
attorney states that discrimination is not allowed. The neighbors on the other side of the street
are R-1, so this zoning is more of an issue than a small chunk of land going from R-2 to R-3.
Mr. Hickok stated that we need more three bedroom units and that would be the reason for
voting for this proposal. The plans only call for seven three-bedroom units out of 16. RLUIPA
is an issue too. He said zoning is a good thing and citizens deserve to expect that once
something is zoned a certain way, it should remain that way. The neighbors in close proximity
to this are against the rezoning.
Ms. Sue Watlov Phillips, 1355 Hillcrest Drive, stated that her family has lived in Fridley since
1955. She bought the house she grew up in. The Comprehensive Plan clearly states that one of
the goals in the City of Fridley is to provide affordable housing. More three-bedroom units are
needed. Housing has become very expensive in this community. To rent a one-bedroom
apartment in this community you would need to make $13.71 per hour. To rent a two-bedroom
you would need to make $17.54. To rent a three-bedroom you would need to make $23.71 or
$49,320. We are not creating these types of jobs. The majority of jobs are paying less than $10
per hour. It is imperative that we follow the plan. We do have a great need for affordable
housing. Right now if she was graduating from high school she could not rent and many
people's kids and grandchildren cannot rent unless they are makin $20 to $30 per hour. A vast
majority of people living in Fridley right now are 2° , 3�d, and 4` generation immigrants. We
need to continue the welcoming committee as we have new people moving in. Her property
value has doubled over the past two years. We do not screen homeowners and never tell people
whether they are good enough to live in this community. There have been major changes for
Section 8 on the federal level and if there is a month-to-month lease, it is easier to evict people.
Seventy-five percent of all subsidy that goes to people is to homeowners. It is a mortgage
interest write-off and a property tax write-off. The City has signed the Comprehensive Plan and
the dollars awarded to this project are based on Council agreeing with that plan. She said that
the attorney stated that the issue of how the water is going to run-off needs to be addressed. This
project, on land which was donated to meet one of our City's goals, makes a great deal of sense.
Mr. Tom Myhra, 6360 Able Street, stated that he lives in a rambler on a modest lot. He was the
last speaker's teacher and has been around. He has access to a lawyer and she said these cases
are in total flux. One was a catholic church that wanted to put in a cemetery on private property.
People said no and the courts said that they had the right to put it in. Fridley's zoning does not
work in the religious exercise of a purpose. The second part is discrimination in churches if the
law is not compelling. Sometimes you have to put your foot down and say this is not a religious
purpose. If the people of St. William's really wanted people, why did they have to rezone it R-1.
They could get four families in there and have St. William's sponsor them. He said he hoped that
Council would vote"no."
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 23
Mr. Jerome Tiller, 1555 Gardena Avenue, stated that he has been a resident for 54 years. He was
going to talk about the Fair Housing Act of 1968 and the Comprehensive Plan and how well this
fits, but he is just going to say he is very much in favor of this and that it is good for the City.
Mr. Edmond Sworsky, 491 - 61"Avenue N.E., stated that stated that he has been a resident for
45 years. Kids are now having a hard time because the referendum recently failed, which proved
that people do not want more taxes. He said our schools are built on state aid. He stated that if
you want to see traffic, live on the corner of 61' and Seventh Street. In the morning, it is bumper
to bumper from Mississippi to 61st and goes on to the Conoco station. There is no place for the
kids. He said it bothers him that we talk about all this but nobody is willing to do anything about
it.
Mr. Terry Overacker, 1088 Hackmann Circle, stated that he moved here in 1992 and paid $50
per month rent. That was twice what his house payment was in Oklahoma before he came here.
He does not consider that affordable housing. One year later he moved over on East River Road
at $950 per month and that is not affordable housing for a family of five. They try to help people
who come to the church for help. He has helped with every angle. He has yet to meet one of
these people that he would not have as a neighbor. They have children who are the future of
America and what better way to help them than to become a better person. There are catholic
services available for any of these people who have problems. Many of these people have gifts
and talents to offer Minnesota and the United States. He said his own house has appreciated over
$100,000 and when he was 25 years old he could not afford that. He cannot think of a better
place to help these people than friendly Fridley, or maybe it is not as friendly as it used to be.
Ms. Jean Koyle, 6271 Sixth Street, stated that she has lived in Fridley for 42 years. She said she
checked to find out if Fridley was neglecting the homeless and low income. She said Fridley is
over the quota for housing for low income but below in housing for seniors. There is a two to
five year waiting period for getting into a senior high-rise. It is not fair to put developments like
this with all the noise and congestion next to a senior high-rise right now. Those of use who are
going to St. William's are wondering why we did not have a vote on this.
Father Jim Radde, S.J., 5820 East River Road, said he is a Jesuit priest who has been a Fridley
resident for five years now. He is part of the Alliance for Violence Free Anoka County. Brandes
Place would be a big change for neighborhood residents and families who desperately need a
place to live. Change is a normal part of life. It can, however, produce fear of losing something
you are comfortable with. A place to live is a basic human need we all have.
Ms. Corrine Hawkinson, 6311 Washington Street N.E., said she has been here for 42 years. She
said there is low income east of the river. There is a crime consideration for Norwood Square
residents when parking outside. She is a member of St. William's and was a single parent for
quite awhile. There are ways to receive help. Helping 15 families may or may not help much in
the real scheme of things. We do not have jobs that pay a livable scale with health insurance.
The seniors cannot walk at night anymore in this area, it is too dangerous.
Mr. Dan Hetman, 230 Craigbrook Way, stated that he is Catholic himself and moved to Fridley
from St. Paul six years ago to get away from this. He said when he lived in St. Paul he lived near
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23,2002 PAGE 24
a six unit building that invested in landscaping. He watched as people pulled out the bushes and
cut down the trees. The building next to him was a halfway house that had caretakers living in
the building. They did not even smell a man who had passed away in the building due to alcohol
poisoning. There are many run down homes in Fridley that could be refurbished and there are
other options. There is a need for housing but Fridley has enough on its plate. He knows
someone who will be submitting a letter stating that Catholic Charities did not keep up their
properties. The people did not even park where they were supposed to. He would urge Council
to say "no" to this.
Mr. Tom Rodgers, 6420 Squire Drive, stated that he has only been a resident of Fridley for four
years. For 32 years he grew up in a suburb of south Los Angeles in the City of Carson and he
has seen what low income housing can do when it goes wrong. When they rezoned his aunt's
neighborhood in Eaglewood, California, it was not long before her mother Ms. Luella Perry was
murdered over a $50 television set by a transient. A transient murdered his sister's sister-in-law.
His cousin's son was jumped by a group of gang members and he was crippled. They rezoned a
trailer park between his house and the high school and his sister was sexually assaulted three
times walking to and from school. He is not a bigot or wants to deny someone a home. He does
not want to come home to find his wife murdered like Mrs. Perry. He submitted an article on
Stevenson's Village regarding the killings, rapes, and violent crimes. He cannot say if this is
going to work or not. Catholic Charities should give the people of Fridley some kind of liability
contract that protects the people around their homes.
Mr. Lee Switzer, 5870 Seventh Street, stated that he has lived in Fridley for 39 years. He is
opposed to this. There will be somewhere between 30 to 60 children in this project. This places
an additional burden on the schools they should not have to carry and cannot afford. The
taxpayers of Fridley will have to pay for this additional burden since Catholic Charities is only
paying $18,000. We are a government of representative democracy. The residents chose the
Mayor and Council and gave them the responsibility. There is a strong vote of"no" here and he
hopes that Council will not turn their backs on the people who placed their trust in them. If this
is rezoned, there will be ramifications for many years. There is a lawsuit for turning down the
request. If we all stopped in our tracks for a possibility of a lawsuit life would cease to exist.
Ms. Cindee Weber, 6021 Sixth Street N.E., stated that there are too many kids at Hayes right
now. There are too many cutbacks for proper staff.
Ms. Jody Gambel, 6020 Sixth Street N.E., asked if the petition from St. William is a legal
document.
Mr. Knaak stated that it has been received and does not need to be notarized.
Ms. Gambel stated that in a two-mile square radius there is the highest percentage of high
density housing than in any other part of Fridley. She asked if Council remembered the amount
of money that was paid to evict the tenants across from Holly Center when they built the
townhomes. Roads can handle the extra traffic, but the people cannot with all the little children
near the roads. She said a covenant should be added restricting this to people who could serve
the community. She hopes Council does not approve this request. A police report from Village
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23,2002 PAGE 25
Green at the beginning of the year is interesting to read. Please table this to allow more time for
Council to conduct studies and investigate Catholic Charities and crime statistics. See if you
would like to live one block from this site.
Ms. Gwen Vierkant, 1040 - 67th Avenue N.E., stated that she works in the western suburbs and
they feel sorry for people who live in Fridley. She said she keeps assuring them that it is a safe
place.
Ms. Katy Vechell, 6001 Fifth Street N.E., stated that she lives directly across from Norwood
Square. She was told by the City that the petition needs to be notarized to be legal
documentation.
MOTION by Councilmember Wolfe to accept the petition. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Vechell stated that she sent letters to Council. These townhomes are going to be two stories
high, but the neighborhood is mostly single family ramblers. The street is not equipped for more
cars or housing. Maybe someone should sit on Fifth Street two days in a row and look at the
traffic backed up. She asked if this site was built if there would be access for fire and emergency
vehicles. The 7t`grade will not accept more children because there is no room. She asked where
the children would be sent. Some of the Fridley taxpayers will have to pick up the bill for the
rezoning. She said that 1.7 acres is not a lot of property for this. There would be about 70
people living in that project. Some of the Norwood seniors have a dangerous time walking down
the street. Before you vote on this, look at all of us who voted for you to represent the City of
Fridley, and vote no for the rezoning.
Mr. Phil Hofstad, 234 Mercury Drive, stated that he would not be at the meeting if not for the
notice that went around to the neighborhood. He is concerned about the notice opposing the
Brandes Place. Declining home values do not apply if the project has been well built and is not
shoddy. Statistics that low income people commit more crime may be true nationally, but he
would like to see more statistics that support this. This notice assumes the new neighbors are
guilty until proven innocent. Neighbors would be more compassionate to older residents. That
is saying it is easier to be supportive of older people, but much harder to care for older
immigrants, minorities, and poor people. Older people are less likely to "make trouble" so it is
okay to let them into our neighborhood. That message is discriminatory. We are all immigrants
or descendants of immigrants and American citizens deserve the rights we all share. One of the
many civil rights is the right to privacy, and the results of the screening checks are none of our
business. I hope we welcome newcomers who are not as fortunate as the rest of us.
Mr. Joe Weber, 6021 Sixth Street, stated that he has not heard his neighbors express a point of
view yet. He lives a block away. Charity is moral and Christ said "when you do this to the least
of my brothers, you did this to me." He said their decision to buy a home in Fridley was due to a
sense of direction they felt they were headed in. Christianson Crossing came at a great expense
FRIDLEY CI_TY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 26
to the City of Fridley and each of those residents received $5,000 as part of a class action
lawsuit. Charity is not tax breaks and dipping into federal funds and imposing your idea upon
someone else's neighborhood. This neighborhood carries its burden for multi-family units and
will carry another when commuter rail starts up with the station on the other side of University
Avenue. He said we need to stick with a vision for Fridley and not modify it under a threat.
Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., stated that he feels there are enough low income
properties in this city. Let us build something for senior citizens. He said that they cannot leave
their building without getting attacked. These petitions have to be notarized to be legal petitions.
The City Clerk presents the petitions to Council. You do not know what it is like driving
through that area at night and it is not safe to walk through that section. This is no longer a City
of Fridley with all the townhomes. This should go for the seniors.
Councilmember Bolkcom asked if the petitions had to be notarized.
Mr. Knaak stated that what evidence you receive in a public hearing is whatever you choose to
receive. He said this is different than the kind that is necessary for referendums in which you
need notarized voter lists.
Mr. George Carline, 5705 Jackson Street N.E., asked what the waiting list is like right now for
Section 8.
Mayor Lund stated that two options are available but the list is closed. The other option is
Section 8 vouchers to pay for private rental property, but that is also closed.
Mr. Carline stated that this is a government subsidy thing that is discriminatory. Many people on
SSI and welfare cannot make it on what they get. He does not like Section 8 because it is not
inherently fair. Catholic Charities tells us they will screen but he used to own apartment
buildings and has seen when you accept Section 8 you accept the rules. He said he doubts they
will screen at all because a person who is accepted by Section 8 will be entitled to come here.
When you have to subsidize 80 to 90% of this, this is not affordable. There is no such thing as a
single mother, they all have a boyfriends and ex-husbands. They come with other baggage they
cannot screen. The level of affordable housing keeps being raised.
Ms. Mary Schwartz, 5836 Washington Street N.E., asked how much it would cost to rezone this.
Mayor Lund stated that there is no cost to the City to rezone this other than staffs time.
Councilmember Billings stated that this is not a City project. The petitioner paid for the
rezoning.
Ms. Schwartz stated that the referendum did not pass, and if there is City money to do this, they
can give it to the schools. There are many people in Fridley who need homes. He said we do not
need to go searching for these families and children. They are here.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23. 2002 PAGE 27
Mr. Scott Huber, 6381 Monroe St., stated that the water problem at Moon Plaza was mentioned.
He said that Mr. Tim Keenan, the owner of Moon Plaza was at the Planning Commission
meeting. There may be an opportunity for senior housing. If they rezone this for residential,
what is to stop Mr. Keenan from rezoning his commercial property and have more low income
housing there.
Councilmember Bolkcom stated that she would like some traffic counts done before the next
Council meeting, receive more information on crime rates in relation to the surrounding housing
and other housing, check into the high density and Section 8 percentages, receive more
information on the Second Street issues, the situation that the woman talked about when she
called the police a week ago, the question of Hayes School with almost half of the students there
from outside rental property, and also of 7h graders not being accepted into the school.
Councilmember Barnette stated that ponding behind Norwood Square could be looked at also.
Councilmember Bolkcom stated that we need to know if we are at capacity in the schools.
Councilmember Barnette stated that 7th grade at the Middle School is still accepting.
Mr. Hickok stated that Dave Sallman did prepare comparison of crime rates between the Rice
Creek Townhomes and Village Green and that information is available.
Councilmember Bolkcom stated that she did not have that information to refer to.
Mr. Hickok asked about the Section 8 memorandum that was in the packet.
Councilmember Bolkcom stated that people do need to understand the difference between the
housing percentage and it should be part of public record.
Councilmember Wolfe stated that the total amount of Section 8 in Fridley is less than one
percent.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 12:45 P.M.
Mr. Hickok stated that the next action on these items would occur on October 14.
the
AGENDA ITEM!' comment[memosfrthe10/
. letterhead for memos for the 10/25
good
CITY COUNCIL MEETING OF OCTOBER 14, 2002 agenda. ng thisrcy,forJulieanagendd Char aiems.
about using this for their agenda items. If
Fthey don't or they forget,don't worry.
LCITY OF It's not absolutely necessary for their
FRIDLEY agenda items to be on this.
Date: October 9, 2002
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Subject: First Reading of Comprehensive Plan Amendment, CPA#02-01, Brandes
Place, LP
M-02-120
INTRODUCTION
Brandes Place LP is seeking to amend the future land use map of the Comprehensive
Plan, designating the new Brandes Place parcel (proposed Lot 1) as Multi-Family
Residential in the year 2020. The Comprehensive Plan sets the overall vision for the
City's future. The future land use plan and map, a vital piece of the Comprehensive
Plan, visually displays the desired land use pattern for the year 2020. The St. William/
Brandes Place property is designated as Public/Semi-Public on the future land use
map. The Public/Semi-Public designation is placed on nearly all institutional type uses
within the City, including: churches; schools; Unity Hospital; and City buildings.
Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the
future land use designation on the site must be changed to Multi-Family Residential in
order for the rezoning to be in conformance with the Comprehensive Plan. In short, the
Comprehensive Plan Amendment is needed to provide the basis for all the proposed
rezoning.
Changes to the Future Land Use map will aid the City in meeting other goals spelled out
in the Plan. The design and location of the development will help provide for a positive
community image and will provide for"the development of affordable housing for all age
groups".
PLANNING COMMISSION RECOMMENDATION
At the September 4, 2002, Planning Commission meeting, a public hearing was held for
CPA#02-01. A number of residents, both for and against the Brandes Place building
spoke. After discussion by the Planning Commission, a motion was made for the
approval of the Comprehensive Plan Amendment, with the stipulations as presented.
THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE.
PRIOR COUNCIL ACTION
The City Council held a public hearing for the Comprehensive Plan Amendment at their
regular meeting held on September 23`d. Five hours of public testimony both for and
against the Brandes Place project was heard. As a result of the Public Hearing and
Council discussion, additional information in the areas of crime statistics, traffic,
stormwater management, and subsidized housing was requested. That additional
information has been attached for your convenience.
RESPONSE TO CITIZEN COMMENTS DURING THE HEARING PROCESS
Crime Statistics
Obviously, there are no statistics available for Brandes Place as a project. Though
there has been citizen speculation about additional crime being tied to approval of this
16-unit project. There has been no credible data to support that speculation.
In the absence of any Brandes data, Dave Sallman and the Fridley Police Department
have prepared two different analyses of existing Apartment complexes in Fridley. In
one example, they compared Village Green Apartments (A Project Based, Section 8
building)with the Rice Creek town home development. Development selection was
made for this comparison by virtue of similar project size. Dave points out that the
Village Green complex is a subsidized development, while the Rice Creek town homes
are market rate, with no subsidy. Dave also points out that number of calls alone do not
mean much. The type of calls is a better indicator than raw numbers.
Rice Creek Town Homes 141 units Village Green Apartments 196 units
Robbery 0 1
Assault 1 1
Warrant Arrest 4 3
Family Assist 17 24
Miscellaneous35 52
Disorderly 6 18
Damage 17 1
Theft 13 4
93 104
Total
* Medicals, suspicious persons, etc.
An important thing to note about the "Miscellaneous" category, as it related to Village
Green, is that a portion of the building is age restricted for seniors and senior related
medicals contribute to a higher number of miscellaneous in this complex.
The second comparison made by the police department was a comparison of identical
buildings, but with different management. Dave reports the following results:
Dr. Burns directed us to provide a comparison between a well-managed apartment and
one that has historically had problems. The best comparison that we can make in the
City is the buildings at 5430 and 5460 1h St. they are exactly the same designed
buildings, side by side and both contain 32 rental units. They have different owners and
different management. As you can see by the comparison below, there is significant
difference in the number of crimes reported at each. The time period is about the first 9
1/2 months of 2002.
5430 Seventh 5460 Seventh
Assault 4 1
Burglary 1 1
Disturbing the Peace 18 1
Criminal Sex. 2 0
Conduct
Theft 5 2
Other Crimes 11 1
Total 41 6
The statistics show that management of a complex can make a difference in police
calls.
Hyde Park- Needles in Park
Neighborhood Resource Officer Bob Stevens reports:
1 spoke with Mark Kreutter, husband to Janet Taylor-Kreutter regarding the complaint of
hypodermic syringes in the neighborhood. Mark explained to me that some needles
(and used condoms) were found while Mark and his neighbor were cleaning some brush
in a vacant lot south of [a known drug users] old house about seven months ago.
According to Mark it was fairly common to find needles in the alley behind this persons
house while she lived there. That person has now moved out, no new needles have
been found.
This matter appeared to be tied to an individual who is no longer in that neighborhood.
This is in no way connected to the proposal for Brandes Place that is before the
Council.
Section 8 Housing (Pat Wolfe reports the following)
Location of Voucher Units
a) In terms of the number and locations of"voucher units" in Fridley, I'm hesitant to
supply the locations. Data Privacy prevents me from supplying the locations of my
clients for public use. As previously stated in my memo to the Council and Planning
Commission the Section 8 tenant based participants are located throughout the City of
Fridley and are living in privately owned rental property. Section 8 is not concentrated
in any particular area of the city. The Section 8 participants make up less than 1% of
the entire rental population within our city. Currently the City of Fridley has 182 tenant
based Section 8 within the community.
Location of Project Based Section 8 Units
b)Village Green would be considered a project based Section 8 building. My earlier
memo has the break down regarding the number of units in terms of 1, 2 and 3
bedrooms. I believe the majority of the units are one bedroom. Norwood square may
also have some project-based ties however; I'm not familiar with their funding. Other
than that there are no other project based buildings in Fridley.
Section 8 Screening Process
c) For Tenant Based Section 8 tenant screening; we do not perform this duty. Because
the private landlord is the leaseholder it is his/her responsibility to screen as they would
a perspective unassisted tenant. We as a city have no control over the private landlord
screening or not screening their perspective residents. Project Based on the other
hand does a thorough tenant screening for all perspective tenants. They do rental,
credit and criminal history. They check the last ten states the perspective tenant has
lived in and they hold 7 years of poor rental, criminal and credit history against the
perspective tenant.
Section 8 Eviction Process
d)As far as"Hard Data" concerning the Section 8 eviction process, I'm not really sure
what is being asked. There is not a Section 8 eviction process for tenant based Section
8. The landlord is to deal with evictions the same for unassisted and assisted tenants.
This would be through the Unlawful Detainer process that takes place through the court
system. It is my understanding the Project Based buildings such as Village Green must
also go through the legal system to evict.
Housing Density
Staff prepared an analysis of the City of Fridley in '/2 mile segments. This map is based
on the City of Fridley Section Maps and was prepared in combination with very specific
Geographic Information System Data on land use in each of the '/z mile segments.
A statement was made during the public hearings regarding this area being the highest
density area in the City of Fridley. You will note that that statement is not true based on
an analysis of land area dedicated to housing types. The 'h mile segment where the
Brandes project has been proposed contains 7.57 acres of R-2, two dwelling unit
zoning, and 7.10 acres of R-3, Multi-family zoning. It also contains 133.98 acres of
single family and 11.5 acres of Christiansen Crossing, S-2, Redevelopment District
zoning (a mix of single and multiple family units). An important point to focus also is the
fact that this ''/2 mile segment also includes one of the City's largest parks and has a
large acreage devoted to School uses.
By comparison, the south half of Section 24 (NW Quad of 694 and Central) has only
111.9 acres of R-1, Single Family Residential, 6.79 acres of R-2, Two Family, and 70.27
acres of R-3, Multiple-Family Residential.
If taken in two-mile blocks (as one speaker suggested at the hearing)the acreages
average out. This process would still not result in the proposed project area having the
highest 2-mile segment. The other land uses (like park land) in that particular segment
average the densities out.
Overall, the City of Fridley has 1.33% of its land dedicated to R-2, Two-Family Dwellings
and 3.95% dedicated to R-3, Multiple Family Units. A map is available for your
convenience in the Council Reading File.
Engineering (as Jon Haukaas reports)
Ponding
I looked at the Brandes place property and its relationship to Moon Plaza in regards to
drainage. The designers for Brandes Place will be required to deal with the storm water
runoff through a retention and treatment pond so as not to impact the adjacent
properties. We have seen a preliminary sketch of their ponding area but no calculations
as yet.
I believe it would be physically impossible for a development at Brandes Place to flood
Moon Plaza due to the elevation differences. There are two low areas between the two
properties that would take storm water before it went to the Moon Plaza property. One
is the ponding area for Norwood Square and the other is the storm sewer inlets next to
the St. Williams Church.
The main problem with the Moon Plaza property is its lack of storm water controls for its
own runoff. This property is nearly all building or asphalt parking lots with no ponding or
other storm water retention/treatment, which creates flooding problems for it and the
neighboring properties
Traffic Counts and 5th Street Design Issues
Fifth Street is a Minnesota State Aid (MSA) Roadway. It was designed to collector
standards, though it does not carry the number of cars one might normally find on a
collector. It is not unusual to find 4,000 (or more)trips daily, on a collector roadway.
The following information has been provided to show historic trip data on 5th Street.
5th Street Traffic Count History
Year Mississi pi to 63rd 63rto 61st
2001 2600 1300
1997 3200 1450
1995 4600 1450
1991 3200 1550
1985 3250 1370
Average 3370 1424
Affordable Housing
In the Fridley/Columbia Heights demographic report it showed that in 1999, the metro
area median value of home was$150,000. At that same time, only 8% of Fridley's
homes were valued over that$150,000 mark. The source of this information was the
Minneapolis Association of Realtors.
As you know, the latest"affordable"single-family figure (as posted by the Metropolitan
Council) has jumped to$162,000. Our values have also risen at a rate that has
dropped our rating from over 90% single family affordable to a new ranking of 68%.
As you know Livable Communities Funding and Federal TEA 21 Roadway Funding
depend on the City being able to successfully answer the question; what are we doing
to address the affordable housing issue in our community? Note the question is what
are we doing - not what do we have for housing. In the resent past, we dropped in
ranking. We had post-war ramblers that were affordable. The strong housing market
has placed those out of reach for a large percentage of those who live and work in the
community. As a result, there is a portion of the housing market that we as a City do
not accommodate.
This fact strikes a contrast with the City's recently adopted Comprehensive plan
indicates that the City will continue to work to maintain its existing housing stock, while
working to provide a diversified stock of housing options for those who chose to live in
the community.
Majority Vote(according to Fritz Knaak's Statutory Summary)
The particular statutory change that occurred in 2001 amends the provisions of Section
462.357, which is the underlying authority for the adoption of zoning codes by
municipalities. Subdivision 2 used to contain the following language: "Subject to the
requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a
zoning ordinance by a two-thirds vote of its members."
That same section now reads: "(b) Subject to the requirements of subdivisions 3, 4, and
5, the governing body may adopt and amend a zoning ordinance by a majority vote of
all its members. The adoption or amendment of any portion of a zoning ordinance
which changes all or part of the existing classification of a zoning district from residential
to either commercial or industrial requires a two-thirds majority vote of all members of
the governing body."
A state statute always superceded an inconsistent municipal ordinance. In this case,
the ordinance was clearly modeled on the older state statute. If, in this instance, the
measure were to pass by a 3-2 majority, but declared by the City to have failed for want
of a two-thirds majority, there is little doubt in my mind about the outcome of a
declaratory judgment action against the City seeking interpretation of the vote in a
manner consistent with State law.
Impact to Schools (according to Jim Fisher, Fridley Schools Finance Director)
If we had 25 additional pupils this school year, our revenue could be expected to
increase approximately$6,420 per student(includes Capital, Compensatory,
Referendum, etc.). Therefore, total revenue would be increased by$156,000.
However it is also likely that these additional students would require an additional
teacher and related expenses. If these cost s would average $65,000, then marginal
proceeds to the district would equal$91,000.
Obviously this analysis does not include physical space limitations.
PLANNING STAFF RECOMMENDATION
Based purely on the land use merits of the petition before us, City Staff recommends
approval of the Comprehensive Plan Amendment, as the changes to the Future Land
Use map will aid the City in meeting other goals spelled out in the Plan. The design and
location of the development will help provide for a positive community image and will
provide for"the development of affordable housing for all age groups". Due to the fact
that the proposed project helps the City further a number of goals from the
Comprehensive Plan, staff recommends the Council approve and hold the first reading
of Comprehensive Plan Amendment CP#02-02, with the stipulations as presented.
STIPULATIONS
1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing.
2). Petitioner to obtain all necessary permits prior to construction.
3). Petitioner shall identify ponding area and provide easements for stormwater run-off
and management.
4). Storm pond maintenance agreement must be filed prior to issuance of building
permits.
5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site.
6). City Engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
7). Code required refuse and recycling enclosures must be installed.
8). Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit.
9) Petitioner to pay any required Park Dedication Fees.
10) Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
11). Property owner of record at time of building permit application,to pay required park
fees prior to issuance of building permits.
12). Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 9
Mayor Lund replied that the only question he had is why we are picking alternates.
Mr. Haukaas replied that may change who ends up with the award. If we take Spectra Building
with all alternates, the amount is at $731,950. There is only a $1,450 difference if you do it with
all alternates. The roof screening is on a number of buildings.
Councilmember Bolkcom asked if anyone else has been asked to use the screening.
Mayor Lund asked if the roof screening was to protect from the sun and elements.
Mr. Haukaas answered it is visual screening. He said when they were first putting the project
together they looked at it as being more than just a personnel issue but also looked at the entire
facility for storage of vehicles and maintenance of vehicles.
Councilmember Bolkcom asked if this project was also being done because of OSHA
requirements.
Mr. Haukaas answered those were some of the issues that were involved.
MOTION by Councilmember Billings to award the construction contract for the Municipal
Garage Expansion Project No. 343, with all alternates, to CM Construction in the amount of
$730,500. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, CPA
#02-01, TO CHANGE LAND USE DESIGNATION FROM PUBLIC/SEMI-
PUBLIC TO MULTI-FAMILY RESIDENTIAL IN THE CITY'S
COMPREHENSIVE PLAN, GENERALLY LOCATED AT 6160 FIFTH STREET
N.E. (WARD 1).
14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST, ZOA #02-01, BY BRANDES PLACE LTD.
PARTNERSHIP) (WARD 1).
15. APPROVE PRELIMINARY PLAT REQUEST, PS #02-03, BY BRANDES PLACE
LTD. PARTNERSHIP, TO REPLAT PROPERTY INTO TWO LOTS,
GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1).
Mr. Hickok, Community Development Director, stated that Brandes Place Limited Partnership is
recommending three separate land use actions in order to construct a 16-unit townhouse style
multi-family development at 6120 Fifth Street N.E. The actions being requested are a plat,
comprehensive plan amendment, and a rezoning.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 10
Mr. Knaak, City Attorney, spoke of two issues in particular that he had. He stated at the last
meeting a majority vote was necessary. This has raised questions because the City's ordinance,
which is was based on the previous state statute that has been since amended, states that a two-
thirds or four-fifth's vote is required. In these instances, state statute will prevail. He referred to
the Attorney Generals Opinion (provided to Council) that addresses this exact same point with
another charter city to whom the question was directly asked.
Mr. Knaak said that the second issue he wanted to address was the presence in this case of
potential application of the Religious Land Use and Institutional Persons Act (RLUIPA). In this
case, there are two provisions of that Act which have to do with the fact that it is unlawful for the
City to impose a substantial burden upon the religious exercise of a person putting in a religious
assembly or institution. Regarding the question of whether or not the applicant's case is a
religious institution for purposes of the Act and whether this particular activity is a religious
exercise for the purposes of the Act, Mr. Knaak stated that no direct case law directly on point in
this instance. But it is no different here, since both of these are being served and present in this
case and we are dealing with a non-profit church-affiliated organization in addition to the fact that
he cannot definitively say that the provision of affordable housing is not a religious exercise.
Mr. Hickok stated the plat is being requested to create a new parcel for the construction of 16
townhome style multi-family units on the parcel. The Comprehensive Plan amendment is to
change the City's Future Land Use Map, designating the future land use as a newly created parcel
as multi-family housing. Finally, the rezoning of the new parcel to R-3 multi-family residential
will allow the construction of the townhomes. Brandes Place is on St. Williams' property in the
northeast corner of the campus. Brandes Place is seeking plat to divide the current St. Williams
property into separate parcels. The plat will create the lot descriptions necessary for transferring
the property from St. Williams to Brandes Place Limited Partnership. The creation of the second
parcel will allow the lot area needed to construct the proposed townhome units.
Mr. Hickok stated that the proposed lot for Brandes Place is 1.17 acres and proposed Lot 2, the
remaining campus is 5.8 acres. The proposed plat will not create any non-conformities for the
existing church on St. Williams' campus. Mr. Hickok stated that staff recommended approval of
the plat with the following stipulations:
1. Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing.
2. Petitioner to obtain all necessary permits prior to construction.
3. Petitioner shall identify ponding area and provide easements for stormwater run-off
and management.
4. Storm pond maintenance agreement must be filed prior to issuance of building permits.
5. Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 11
6. City Engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
7. Code required refuse and recycling enclosures must be installed.
8. Landscape plan to be reviewed and approved by City staff prior to issuance of building
permit.
9. Petitioner to pay any required Park dedication fees.
10. Provide proof that any existing wells or individual sewage treatment systems located
on the site are property capped or removed.
11. Property owner of record at time of building permit application, to pay required park
fees prior to issuance of building permits.
12. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
Mr. Hickok, Community Development Director, reported that Brandes Place is seeking to amend
the future Land Use Map of the Comprehensive Plan designating the new Brandes Place parcel,
Lot 1, to a multi-family residential property. He said that prior to the Brandes Place parcel being
rezoned, future land use designation on the site must be changed to Multi-Family Residential in
order for the rezoning to be in conformance.
Mr. Hickok said that the Comprehensive Plan is the vision for the City's future. Some of the
public designations placed under all conditional type uses within the City include churches,
schools, hospitals and city buildings. The design and location of the development will help
provide for a positive community image and will provide for the development of affordable
housing for all age groups. Due to the fact the proposed project helps us further a number of
goals in the Comprehensive Plan, staff recommended approval of the request with the twelve
stipulations.
Mr. Hickok said that there is also a rezoning request. Brandes Place Limited Partnership and
Church of St. Williams are seeking to rezone both of the parcels to R-3 Residential. St. Williams'
campus and the proposed Brandes Place project are currently a mix of R-2 (Two Family) and C-3
(General Shopping Center) zoning districts. This designation is necessary for the Brandes Place
development and is not an uncommon zoning designation for church property in Fridley.
Mr. Hickok stated the City authority can rezone property from one designation to another so long
as the zoning conforms with the Comprehensive Plan. The granting of this request would not
result in "spot zoning." The granting of this request would be an expansion of the existing R-3
zoning just to the north of the property (the Norwood Square property). There is very little
developable land in Fridley. Undeveloped multi-family sites are non-existent. This site is unique in
that it borders existing R-3 property and the expansion of this zoned district presents an
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14. 2002 PAGE 12
opportunity to expand housing options in Fridley. He said that staff recommended approval of
this as well with 12 stipulations as outlined above.
Mr. Hickok stated there were nine hours of public hearings between the Planning Commission and
the City Council. There was much testimony received and we have sought to answer the
questions that came up through that process. He said that there was one comment about having
enough affordable housing. He replied that the Comprehensive Plan addresses housing diversity
and affordability. Specifically, this comes directly from the Comprehensive Plan. In high demand
are affordable units with three or more bedrooms. Recent figures obtained through the Anoka
County Housing Coordinator for the Metro HRA indicate that there were 125 Anoka county
families for rental assistance since September 1999. Of the families waiting for three-bedroom
units, 19 or 60 percent were for Fridley units.
Mr. Hickok stated that answering the inquiry about crime, the Police Department has prepared
two different analyses of existing apartment complexes in Fridley. He said there are 141 units in
the market rate development and the subsidized development has with 196 units. For robberies
the market rate had 0, and the subsidized had 1. For warrant arrests, the market rate had 4 and
the subsidized had 3. For family assistance, the market rate had 17 and the subsidized 24.
"Miscellaneous" calls included medical, first responder-type calls. He wanted to point out that the
subsidized development is one-third senior. For Disorderly Conduct, the market rate had 6 and
the subsidized 18. For damage to property, market rate had 17 and subsidized had 1. For thefts,
market rate had 13 and subsidized 4. This example gives us a sense that crime exists and it is not
all at individual, subsidized or market rate units. It is important to know there are other factors
that influence some of the calls.
Mr. Hickok stated that the second comparison made by the Police Department was a comparison
of identical buildings with different management. The buildings are exactly the same design, are
built side-by-side but have different owners and different management. There is a significant
difference in the number of crimes. The time period was from the first nine and one-half months
of 2002. Assaults, 4-1; Burglary 1-1, Disturbing the Peace, 18-1, Criminal Sexual Conduct, 2-0;
Theft, 5-2; Other Crimes, 11-1 (Total 41-6). Mr. Hickok thinks this really indicated that an
important factor is management. With respect to Project Based Section 8 development, the last
ten years of information are looked at, including information from previous states people have
lived in, previous credit information, previous crime information, and previous towns lived in.
Mr. Hickok stated it is an important thing to understand that management can make a difference
in crime statistics.
Mr. Hickok said that answering an inquiry that Fifth Street cannot handle additional traffic, the
street is a Minnesota State Aid (MSA) roadway. It was designed to collector standards. He
presented a visual chart of the Fifth Street traffic count history, for the Years 2001, 1997, 1995,
1991, 1985 and the average trips for two different segments, "Mississippi to 63rd" and "63rd to
615`." He pointed out that the road was designed to collector standards allowing well over 4,000
trips. He said there and there are 2,600 to 4,600 in the segment of Mississippi to 63`d but there is
also the use by the Target employees. From 63`d to 61" the numbers drop incredibly from 1985
through the year 2001 and have stayed there pretty much consistently; there was a difference of
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 13
1,550 to 1,450 cars on an average daily basis. We are looking at about 1,300 on that roadway
segment in 2001. Remember that each one of these units have the expectation of generating 7
trips(for 12 units)for the development each day.
Mr. Hickok proceeded to comment on the impact to schools. He said it was mentioned that the
schools are "swollen and that they can't afford these students." Mr. Hickok stated they have
asked the School District to respond to them and they have not taken any stance on this matter..
However, they have indicated the following: If 25 new students are added, an additional revenue
of$156,000 would be received by the school. An additional teacher may be required at the cost
of approximately $65,000, leaving $91,000 for additional school district funds based on 25 new
students.
Mr. Hickok stated that with respect to the comment about the area having too much multi-family
housing density, he provided an analysis of the City in half-mile segments which showed very
specific GIS data of the land use in each segment. He said that in each one of the areas, they use
mathematical and scientific information to determine the information. He stated that by looking at
the areas, 2 percent of the land is dedicated to R-2, 12 percent is dedicated to R-3 and 7 percent
of the overall land area is dedicated to R-2 or R-3 residential. He said it is important to
understand that density is relative to location and as you lay out a land use plan, there are areas
that are truly higher density than some neighborhoods. But one of the factors that makes higher
density work and is the higher capacity roadways that allow people to leave the development, not
travel through a single-family neighborhood. Mr. Hickok pointed out that by looking at the map,
we can see that there is higher density and more concentrated land use of commercial land along
those roadways because it allows for people to get in and out of those developments without
traversing where larger single-family developments are.
Mr. Hickok said that in answer to the comment that this development will flood Moon Plaza, the
designers of Brandes Place will be required to deal with storm water runoff, retention and a
treatment pond. It will be physically impossible for the development at Brandes Place to flood
Moon Plaza due to the elevation differences. The main problem with the Moon Plaza property is
its lack of storm water controls for its own runoff. This property is nearly all building or asphalt
parking lots with no ponding or other storm water retention/treatment opportunity which does
create its own problem.
Mr. Hickok stated that staff recommended approval of the rezoning request with the outlined
stipulations.
Councilmember Wolfe asked about the crime study and if there were any comparisons done
including residential single family.
Mr. Hickok replied it was requested that it be done using multi-family.
Councilmember Billings recalled the cooperative agreement between St. Williams and Catholic
Charities. He said that Brandes Place Limited Partnership, however, comes into this as an entity.
He said it was his understanding that the federal holder of the property would be Wells Fargo
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 14
Bank and they would then lease the property to Catholic Charities. He asked if the loan could be
sold, what type of lease it was, and who the titleholder would be.
Mr. Knaak replied that the question is in the context of RLUIPA since that is the issue and that
changes somewhat the burden ultimately that the City agree with any of these applications.
Specifically, if this passes into the ownership of a third party that is more obviously a religious
institution, does that somehow mean that RLUIPA in those terms still applies. He stated he
believed the answer to the question is, no, it does not mean that. For example, school districts
routinely will lease space to religious organizations and communities for the purpose of
conducting religious services. No one argues that as a result of that, those are no longer religious
services or activities and that the school district owns the church. The issue as far as RLUIPA is
concerned is the nature of the activity itself, not necessarily who owns the property. It is his
understanding we are concerned right now with the present application. Any arrangements and
assurances that can provided by Catholic Charities are unknown. For purposes of RLUIPA the
fact that it is owned by a non-religious institution really is irrelevant; it is what is going on there,
that it is a religious exercise, and whether it involves the participation of a religious institution.
Dr. Burns asked about the connection with RLUIPA.
Mr. Knaak replied if Catholic Charities or some other organization were to provide free housing
as part of a ministry, would that or would that not be is the speculative argument. An argument
can certainly be made that this is part of their ministry.
Mr. Hickok stated he does have somewhat of an understanding from discussions with the
petitioner about the relationship with St. Williams Church and Catholic Charities, the Community
Housing Development Corporation, and the bank. There is a complex financial arrangement that
depends on a 30-year relationship. The land is being given from St. Williams to the new
landowners with the specific stipulations that the land does not change ownership and that
agreement is drawn very tight. The bank and the federal funds depend on this also staying at the
current use. So, the funding package only works if there is a commitment to keep moving in the
direction that they are to provide affordable housing. On top on that understanding is that the
development corporation would not want to get the funds and turn around and contradict the
arrangements that were made. He stated that he has had their assurances that there is no
intention to turn it into another use or turn it over to another landowner.
Councilmember Barnette asked if they could sell the property.
Mr. Hickok explained that the arrangement is very much like many other religious institutions
across the country, that do not have their own method of financing a church so that they go to the
bank to do that. There are many, many churches that are funded through banks and institutions.
It does not in any way make them a church. It also puts them on the line as the debtor to the bank
as it gives them a commitment to repay the mortgage on that property.
Ms. Janet Pope, Asset/Developer Manager for the Community Housing Development
Corporation, approached to provide an answer to the question. She stated that Brandes Place
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 15
Limited Partnership would be the title owner, Wells Fargo would be a limited partner and would
have very limited duties such as to invest funds based on the use that Brandes Place will be put to,
and that is affordable housing. Wells Fargo would pay penalties if the housing is used for
anything different than affordable housing or it is sold to anyone else who uses it for anything else
other than this specific use. The Community Housing Development Corporation will be the
managing general partner. The company has done this for I I years and has never sold any of its
property. They will have a lease agreement with Catholic Charities whereby they will essentially
operate, manage, and provide the services to residents of the property.
Councilmember Barnette asked how the Community Housing Development Corporation would
still hold the title.
Ms. Pope replied that the Community Housing Development Corporation and Wells Fargo
formed a third entity called the Brandes Place Limited Partnership which will actually own the
property. This is all according to federal law.
Councilmember Barnette asked if the request for rezoning portion of this should fail, does the
whole procedure at this point stop or would there be a second reading two weeks from now.
Mr. Hickok replied that if the motion to approve this project fails, there is a process by
parliamentary procedure to create an opportunity to amend the motion.
Councilmember Barnette asked if the land would change hands at that stage.
Mr. Hickok responded that it is all tied together. If one fails, they all fail.
Councilmember Billings asked if someone could review the policies for screening tenants for the
proposed site.
Mr. Hickok replied that the screening procedures are for project-based Section 8 housing and are
contained in the packet. Section 8 tenant screening has a stricter process than many market-based
developments. The City has no control over the private landlord screening or not screening their
prospective residents. On the other hand, project-based goes through a tenant screening for all
prospective tenants, including rental, credit and criminal history. The last ten states the
prospective tenant has lived in are checked and 7 years of poor rental, criminal and credit history
are held against the prospective tenant.
Councilmember Billings asked would do the screening for the project.
Mr. Hickok responded that is part of the management project and is tied into the funding and
management arrangement. In this case it would Catholic Charities.
Councilmember Billings asked if they could explain the process of what they would do and how it
would work.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 16
Ms. Tracy Berglund, Assistant Administrator for Catholic Charities, stated that they do the
regular screening that Mr. Hickok talked about and also have a panel selection.
Councilmember Billings asked her to explain a little more about the panel selection.
Ms. Berglund replied that generally the panel is made up of senior management, property
management staff, staff from Catholic Charities and also staff from the local community.
Councilmember Barnette stated he was asked whether the buildings are accessible under the
Americans With Disabilities Act. He asked for an explanation of what measures have been made
and why they have to be made.
Mr. Hickok replied that two units that are required to be accessible in a 16-unit development such
as this. One is a physical accessibility unit which addresses physical challenges and the other is for
hearing or sight challenges. On the model there are two buildings side-by-side which were
identical. Those presumably would be the two northernmost buildings. The southern buildings,
particularly the building closest to the existing administration building on the church campus has
one unit that is a one-level unit, so the building would be designed in a way to allow a one-level
unit in a group of four to exist. That is the unit for the physically challenged.
Councilmember Wolfe asked if the Section 8 screening could be more restrictive for Brandes
Place.
Mr. Hickok replied that the project-based screening process is the one described and, in this case,
is the one Catholic Charities would be responsible for. It would necessitate going back and
looking at the applicant's history, checking back ten states, checking the crime record and
checking the credit rating. That is a standard process. For a tenant lease situation, it is truly up to
the management of that complex. If they choose not to screen tenants, you may have a system
where a tenant has not been well screened and have problems because of that.
Councilmember Bolkcom said the City does have a rental ordinance and they will have to have a
permit to rent these properties. There is a conduct of code in the ordinance. There are provisions
in the rental ordinance about behavior of tenants. She said she knew they worked and she also
thought it was an opportunity for a landlord to get rid of a so-called problem tenant.
Mr. Hickok replied that that was true. He said that this is way the process is identical. Whether it
is a unit that has a subsidy or whether it is a market rate unit, there is truly an eviction process that
will eliminate the bad tenants. There is inspection of the units. We also have a code of conduct in
that ordinance that really keeps the management on their toes. If they get to a point where they
have a series of repeat offenses of a certain type, their license can be recalled.
Ms. Janet Kreutter, 5916 Second Street, stated she grew up in Coon Rapids and was a number.
She moved to Fridley where the schools are a small size. According to Minnesota state law, there
should only be 19 students in an elementary classroom. The first grade has four sections, four
teachers, and 24 kids per section. Second grade has three sections, three teachers, and 24 kids
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 17
per section. Third grade has four sections, four teachers, and 26 kids on the average. Fourth
grade has three sections, three kids, and 30 kids for an average. The seventh grade is full. She said
she wished that a senior development would be built. She said she believed that the estimate of
adding 47 kids would be too many for the schools.
Mayor Lund stated that with respect to her request that a senior center be built, the Council
cannot vote for senior housing as that is not the request before them. He said that asking for
senior housing would still result in a rezoning request.
Ms. Kreutter said she is talking about the schools. She graduated with over 900 kids and her
daughter graduated with 198. She said she believed that we're going to lose it.
Mayor Lund replied that the rezoning issue is currently being discussed. The property is now R-2
and the petitioner is asking for it to change to R-3. He said that what Ms. Kreutter is asking for
would also require an R-3 rezoning.
Mr. Dick Snyder, 5901 Second Street N.E., said he had lived in Fridley for 39 years and brought
up two kids. He feels there is a lot of affordable housing. His big concern is safety and the water
runoff situation.
Mr. Hickok replied that the Brandes Place project will be required to hold its own water. The law
requires that pre-imposed development water runoff needs to meet certain standards. The project
will not move forward with permits until a satisfactory solution for ponding has been created. As
for ponds in developments, it is not an unusual thing. As a matter of fact it is state law that
ponding occur on sites for all developments to exist. We do not fence in ponds for the protection
of children. That is not a typical standard; they are created typically in the amenities of the
development.
Mayor Lund replied that when the Community Center was expanded, there was no ponding
originally there. When the City made a joint deal with the school district and added onto the
community center, a ponding area was created to take into consideration additional runoff of the
increased parking lot and increased impervious surfaces.
Councilmember Wolfe commented that we cannot separate seniors and other ages. That is
something the City cannot do. He knows a lot of people want a senior center, but the City is
unable to discriminate based on age.
Mr. Ed Sworsky, 491 - 61`t Avenue N.E., stated that when he went to school he was taught that
he lived in a democracy and they elected representatives who did your will and the majority would
rule. It seems to him that somewhere down the line the majority does not rule. He thinks that we
need to remember that Council is elected and they are representing the residents. We have
listened to more people who want it than people who don't want it.
Ms. Jody Gambel, 6020 Sixth Street N.E., asked if they used the same screening for the people
that live in other Catholic Charities buildings.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 18
Councilmember Billings asked for clarification of the question, asking if she wanted to know if
they use the same type of screening for the same types of facilities. They have several types of
facilities throughout the metropolitan Twin Cities area.
Ms. Gambel confirmed she was asking about similar facilities and if they use the same screening.
She also commented that on the traffic issue and that the road can handle the traffic. The
question is if the people, not the road, can handle all the traffic. She stated that we're talking
about a huge complex and she is a little frustrated that they keep answering the question about the
road, and that they're talking about the road, not the "people." She stated if you're talking about
Village Green, they have a lot problems and you can call them up and ask them yourself. She said
the ordinances do not always work and Village Green management can tell them that. She said
she thought this project was too overwhelming for their neighborhood.
Ms. Pope replied they do have tenant screening for similar type of buildings. They do have a very
broad range of facilities to give shelter. They have very strict screening for this type of facility.
Councilmember Bolkcom inquired if traffic counts are done on roadways for any type of rezoning.
She asked if they looked at the number of the cars that might go up and down any of the streets,
whether residential or feeder streets, and the increase in numbers. She asked whether we are
doing anything different when evaluating the traffic counts in this area compared to any other
project.
Ms. Hickok replied no. He said that this is a uniform development standard that is used. He said
that everyone has their own perception of what development will do and what traffic will do, but
the numbers are what are utilized.
Mr. Mary Peters, 6220 Sixth Street N.E., asked if the Council received a packet sent out by his
son. Mayor Lund confirmed that they had. He stated there are questions and facts in the packet.
He stated he is a landlord. He said when Catholic Charities stated that they would be screening
tenants, that does not always work. He said it is difficult to You do not get factual information.
When you call another landlord and ask for references, if it's a bad tenant, they will say, yeah, he's
a pretty good one. He stated he could talk for hours about the difficulties he has had with
different tenants. He had two private investigators do his screening and it does not always work.
You only get certain information. He has also had trouble with gang members, and not knowing
they were gang members because he could not get that information. Keep that in mind.
Ms. Katy Vechell, 6201 Fifth Street N.E., approached and commented on the traffic. She stated
she conducted her own study on Monday, September 30, from 3:30 p.m. to 6:30 p.m. She said
that within 30 minutes, 71 vehicles went by her house, and within one hour, 101 vehicles. She
stated that a total of 322 vehicles in three hours passed by her house, not counting 6 police
officers that went by, 2 community officers, 2 school buses, three large vehicles such as UPS and
Metro Mobility, three motorcycles, 14 people on bicycles, and 14 people walking. She stated that
was an average of one vehicle per second. She stated that sometimes she cannot even get out of
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 19
her driveway. She replied that there is a retirement home on her block and the residents walk up
and down the street with their walkers.
Mayor Lund asked Mr. Hickok if the traffic counts are required every four years.
Mr. Haukaas replied that traffic counts are required by MnDOT for state aid streets. He said that
right now they are on a four-year cycle. A lot of the fully developed communities elect to go to a
four-year cycle because traffic counts haven't changed much. He replied that Ms.
Vechell probably had very valid counts. A majority of the traffic occurs during the day. He said
they could put out a traffic counter strip and get another number. However, he feels safe
guessing it would be within the range they are talking about, 1400 cars a day.
Dr. Burns commented it should be pointed out that the last one done was in 2001.
Councilmember Wolfe inquired if the studies are done like MnDOT where they count cars per
hours.
Mr. Haukaas replied they use a rubber hose that goes across to a mechanical counter.
Mayor Lund asked how long they leave the hose to traffic count in a specific area.
Ms. Haukaas stated they will do it for a 48-hour period.
Councilmember Bolkcom asked if it was only during the week.
Mr. Haukaas replied that is correct.
Mayor Lund commented regarding the traffic count charge that from 63`d to 61St, it is actually
down and the average appears to be around 1,400. He said that it also states that Fifth Street is a
Minnesota State Aid Roadway and it is designed as a collector and as a collector it is not unusual
to find 4,000 or more vehicles on the roadway.
Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated he would like to know if Council would like the
Section 8 area across from them. He thinks that putting in senior housing would be better.
Mayor Lund commented to Mr. Eisenzimmer that he is bringing up the same issue that was
brought up earlier.
Mr. Eisenzimmer replied the people in that area do not want that project it in there. He said
Council should go back to the property owner and see if a senior center could be built there..
Mayor Lund commented that if they were to ask for a senior citizen building, it would require the
same type of zoning that is being requested.
Ms. Jean Hegberg, 5881 Second Street N.E., stated that 80 percent have said that they do not
want it. She said she has decided to run for City Council.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 20
Ms. Sue Watlov Phillips, 1355 Hillcrest Drive, asked if anyone has asked the organization how
the rent was going to be utilized? She also asked if this property is going to be treated any
differently than other similarly zoned property.
Mr. Hickok replied that it would not.
Mayor Lund replied they are giving them due process.
Councilmember Billings stated he believes it depends on what questions remain. He asked if City
staff asked different questions than they have for a similar project. He asked if the criteria was the
same as it would be for another project. He said the answer is yes. The City is not just city staff
or the City Council. The city is the people that live in the city. There are a number of people who
are asking a number of questions. He said that the City Council is trying to respond to those
questions and give Catholic Charities and St. Williams Church an opportunity to respond to the
questions of the neighborhood. So in the broader sense, is the petitioner being asked to respond
to questions that they might have otherwise been asked to respond to? Probably so, based on the
emotional feelings of the neighborhood, but he does not think, in terms of the legislative process
that the City Council and city staff are going through, that they are asking different questions than
they would normally ask the petitioner.
Mr. Roger Avery, 6010 Glenco Street N.E., states he would like to be sent a copy of the density
drawing.
Father Joseph Whalen, Pastor of the Church of St. William, stated that when they went through
the process in the winter and early spring of 2000, several open meetings were held not only for
parishioners of the parish but for neighbors as well, to discuss the donation of land. In the course
of those hearings, several questions arose about whether the land should be sold or used
differently. He said he thought the discussions were extensive, comprehensive, and met all of the
questions that were raised. During the process, it was determined that the land should be donated
to Catholic Charities.
Mr. Don Mahr, 6181 Fifth Street N.E., stated he lives right across the project and with respect to
what the priest just said, nobody informed him about it. He also believed it was all cut and dry
before the meeting.
Mr. Rusty Quinn, 6271 Sixth Street N.E., stated he has lived in Fridley for well over 40 years and
attends St. Michael's parish. He states the parishioners were not advised of this and were not
asked. He stated to his knowledge, 85 percent of the parishioners are against it.
Mayor Lund reminded Mr. Quinn that is a question for the church.
Councilmember Wolfe stated they have no say with how the church operates.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 21
Ms. Joanne Zmuda, 6051 Fourth Street N.E., commented on the safety of the holding pond. She
read an excerpt from RLUIPA stating that no government shall impose an incident of land use
regulation in a manner that imposes a financial burden on religious exercise of a person. To date
12 land cases have been decided under RLUIPA and not one case pertaining to land being used
for any other purpose other than religious worship or schools. For example, RLUIPA applies by
allowing an establishment of a place of worship such as allowing worship services in homes or
malls not zoned for such purpose. She states that is a big difference than what is being discussed
presently.
Mr. Haukaas, Public Works Director, replied that he did not know of any holding pond in the City
that has fences around it. That may be a decision of the property owner. The majority of the
ponds are considered dry ponds -- they only hold water immediately after it storms. There is no
requirement for fencing.
Mr. Avery asked is this a profit or non-profit corporation?
Ms. Pope approached and stated that ownership entity will be a for profit corporation, Brandes
Place Limited Partnership who will have to carry a non-profit corporation to manage the property
and provide services to the residents. Community Housing Development Corporation is the
general partners of the limited partnership that are one partnership -- that entity is non-profit.
Mr. Avery asked if it was a for profit organization?
Ms. Pope replied that it was a for profit organization that owns the land.
Mr. Joe Weber, 6021 Sixth Street N.E., approached and commented on the city map and noticed
some of the statistics. He said if you were to draw the map a little differently and start with Fifth
Street to the corner of Fridley, there is no question that this is where all the multi-units are. He
commented on the Village Green statistics and the definition of the road.
Mr. Hickok stated that if someone wants a copy of the map, they are welcome to it. The City is
broken up already into one-mile sections and for purposes here they were broken down into one-
half sections. He pointed out that the roadways are there and this area is next to a major
transportation route and certainly would fit the land use tenants.
Mayor Lund stated there was another comment about the street being designated as a collector
street, that it is more of a thoroughfare since Sixth Street does not go all the way to Mississippi..
Mr. Kirkham approached and stated he had a few things he wanted to address. One was about
the splitting up of the segments showing the traffic on the roadway. He stated to Mr. Hickok he
knew he had put in a lot of work into the presentation and asked him who was paying him,
Catholic Charities or the City of Fridley.
Councilmember Billings replied that Mr. Hickok had provided the answers to the questions that
the neighborhood and City Council asked. He said he thought he has done it in a fair and
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 22
objective manner. He said he thought Mr. Kirkham's comment was totally, completely
inappropriate and out of place and requested that Mr. Kirkham apologize to him.
Mr. Kirkham apologized to Mr. Hickok. Mr. Kirkham stated he had a question about the
easement and right-of-way for the area of the map indicated by the purple. At the last council
meeting someone asked what the difference was.
Mr. Hickok replied that it is most typical in a plat to have the street surrounding the plat
dedicated as right-of-way. It does not at all change the way we serve the property in terms of
street cleaning and maintenance.
Mr. Kirkham commented how the property in question was properly zoned R-2. He said he
thought the correct comparison would be to compare R-3 multiple housing statistics to R-1 and
R-2.
Councilmember Bolkcom stated there is a lot of talk about whether there is more crime at places
that have Section 8 than at those places that do not accept Section 8. She stated she did believe
that Mr. Hickok did answer the question. What they did try to do was compare an area that does
have Section 8 and one that does not. She commented that there are some single-family homes
that are rental properties that we have issues with.
Ms. Mary Vasecki, 6909 Hickory Drive N.E., asked how many possible uses there could be
without any variation from building codes. She said that according to RLUIPA you do not have
to vote for it if it causes hardship to the community. She stated she would contest that putting
many units on that property would cause hardship to the community because of the schools. She
said that it is a proven statistic that lower-income students require more resources in the school
district. She stated she believed affordable housing is good but added if you go through the
newspaper you will see that Fridley has more affordable housing than any of the other
communities around. She stated that she has her own rental property.
Mr. Ed Sworsky, 491 - 61" Avenue N.E., approached and stated he wanted to say that the roads
in Fridley are beautiful. He commented that after the State pays for a portion of the paved roads,
so do the residents.
Mr. Eisenzimmer commented about the holding ponds containing a lot of mosquitoes and that the
more ponds, the more breeding there is, which in turn, brings in more medical problems.
Mayor Lund pointed out the Attorney General's opinion that adopting an amendment of a certain
zoning amendments would require a majority of voting members. In other words, a 3-2 vote
would prevail.
Councilmember Wolfe stated the citizens' input does count. Council received a lot of petitions.
He said goes by what he has seen. It is very clear to him people are concerned about the drop in
property value. Also, health and welfare was a concern. He commented on the statement that we
need more housing, and stated according to statistics the percentage of Fridley residents who own
or occupy homes is 66. Rental homes are occupied by 34 percent.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 23
Councilmember Bolkcom stated that she thought this is a tough emotional issue. She stated that a
lot of people were unable to comment, no one came to her home with a petition, and there was no
citywide telephone survey. She said she thinks they are placing judgment on people who are not
as fortunate as we are and we do not have all the facts. She said that people are making
assumptions that suddenly since there are 16 townhomes, they are going to be overrun with traffic
and crime. She said if the project does go through the Church and Catholic Charities should be
held responsible for their tenants. Just like we need to hold our other landlords responsible. She
said we need to judge based on the facts.
Councilmember Wolfe commented he thought the concept is wonderful. He just believed that the
neighborhood is overwhelmed--mathematically, 16 1/2 to 1.
Councilmember Bolkcom asked him if legally, we can base this solely on the opposition from the
neighbors.
Councilmember Barnette commented that with respect to the issue of senior housing,
unfortunately they are not dealing with it at this time. He said they have heard about the politics
within the church and that is none of their business. He thinks this particular neighborhood has its
share of multiple housing. He was a councilmember back in the 70's and 80's and they had some
of these same kinds of issues come up at that time. They had a request from Anoka County to
provide four units for handicapped adults on 54`h and Fifth Street and they heard some of the
same arguments at that time and he voted in favor. Also in 1980, he was on the Council when the
Village Green request was made and he voted for that also. He was also the chairman of the
committee formed when the Medtronics Corporation built their site between Fridley and
Columbia Heights. They had an independent study done of the housing in Fridley and they found
at that time about 75 percent of all Fridley properties fell at or below the affordable housing limit
set by the Metropolitan Council. At that time he thought the figure was $144,000. He asked
himself, does Fridley have its share or more of its share of rental units and affordable housing. In
relationship to contiguous districts and communities around Fridley, he personally thought the
answer is yes. He asked if this rezoning request was a good fit for what he sees as the future of
Fridley. He felt he had to answer no. He thought the fact of the school district is a mute point.
He asked if this request had the support of the local neighbors, which is no. But, he said, we do
not know what the other 27,000 people in Fridley thought. Finally, as Mr. Sworsky brought up,
we live in a representative form of government. We cannot have a public hearing or town
meeting on every issue that comes up. That it why the Council is elected.
Mayor Lund commented he looked at what he thought was best for the City of Fridley. The
current zoning appears to be appropriately zoned as R-2. He said he would vote for it to remain
that way. He stated that because of the negative comments he sometimes felt compelled to vote
differently.
Councilmember Bolkcom commented that we have a responsibility to have affordable rental
homes. She said that five years from now there won't be the impact that people think is going to
happen.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 24
Councilmember Billings commented that there has been a tremendous amount of telephone calls,
etc., regarding this issue. He appreciated the willingness of the people to address the issue. He
said he has been telling everyone since day one that he makes his decisions based on fact, state
statutes, city ordinances, the Constitution of the United States, the Constitution of the State of
Minnesota, and City Charter. He has said all along that his decision was going to be based on the
facts, not on emotions. They as a City Council are specifically looking at whether they should
split the property into two parcels and specifically whether they are going to rezone the property.
He is not basing his decision on the specific use that the property owner is planning on using the
property for. He is basing his decision on whether or not R-3, whether used for senior, low-
income, or market rate housing, is an appropriate use of the property. He said that as far as he
was concerned RLUIPA has no impact on what he is about to vote on and may or may not apply
to this case. He said he is voting on what he sees are the facts and laws before him. There are a
number of other laws that impacted his decision. One is the state law that we cannot let the
Council in any issue cannot be arbitrary and capricious. They have already zoned a small portion
just north of this property R-3. Although there were not as many people that were opposed to
Norwood Square project than there are in this land use, they were hearing some of the same
arguments that it was going to be too much traffic, too dense, etc. The different this time is that
the arguments are based on a tremendous amount of fear. He said he is not very happy about that
and feels it is totally inappropriate. We had similar concerns back in the early eighties when
Community Action wanted to put in a facility on, he believes Fifth Street at the 5400 block. Now
some 15 years later, the people down the road think they are some of the greatest neighbors they
got and have more problems with neighbors that live in single-family homes. He has to consider
the responsibility he has to all the citizens of Fridley plus the financial responsibility he has. There
are any number of reasons a property owner who receives a decision of the City Council that they
don't like can seek litigation. The church is not threatening us with litigation, but he always has to
keep in mind that if the petitioner disagrees there is that possibility. He believes in this case, if he
were to vote against it and the petitioner would disagree, he thinks it highly likely that it would
end up in court. In the Community Actions case, the City Council voted against the project.
Community Actions did not like the decision of the City Council, went to court. He said he
encouraged those in the neighborhood to contact Catholic Charities and the church and see if they
would consider senior housing. He is going to be voting in favor of all three items as the
responsibility of a member of the City Council.
MOTION by Councilmember Billings to approve preliminary Plat Request, PS #02-03, by
Brandes Place Limited Partnership to replat property into two lots, generally located at 6160 Fifth
Street N.E. with twelve stipulations. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER
BOLKCOM VOTING AYE, AND MAYOR LUND, COUNCILMEMBER BARNETTE,
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED.
MOTION by Councilmember Billings to approve the resolution approving a Comprehensive Plan
Amendment, CPA #02-01, to Change Lane Use Designation from Public/Semi-Public to Multi-
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2002 PAGE 25
Family Residential in the City's Comprehensive Plan, generally located at 6160 Fifth Street N.E.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER
BOLKCOM VOTING AYE, AND MAYOR LUND, COUNCILMEMBER BARNETTE,
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED.
MOTION by Councilmember Billings, to approve the first reading of an ordinance to amend the
City Code of the City of Fridley to make a change in zoning districts pursuant to Rezoning
Request, ZOA#02-01 by Brandes Place Limited Partnership with 12 stipulations.
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER
BOLKCOM VOTING AYE, AND MAYOR LUND, COUNCILMEMBER BARNETTE,
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED.
16. INFORMAL STATUS REPORTS.
None.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
OCTOBER 14, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:36 P.M.
Respectfully submitted,
Denise M. Letendre Scott J. Lund
Recording Secretary Mayor