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09/23/2002 - 00024595THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 23, 2002 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. PRESENTATION OF CERTIFICATE OF APPRECIATION: Mayor Lund presented a certificate of appreciation to Signe L. Johnson, the City Council Secretary, for her service from June 11, 1999 through October 1, 2002. PROCLAMATIONS: Domestic Violence Awareness Month: October, 2002 Mayor Lund read and issued a proclamation proclaiming October, 2002, at Domestic Violence Awareness Month. He stated that domestic violence has become a critical public health and welfare concern in Anoka County. Alexandra House and Anoka County organizations will be informing area residents about domestic violence. Ms. Jenny Hagger, from Alexandra House, stated that two events will be taking place in October and the first part of November. On October 1 the 8th annual Candlelight Vigil and a tree planting ceremony will be held. She said Alexandra House will celebrate its 25th Anniversary on November 8. Fire Prevention Week: October 6 through 12, 2002 Mayor Lund read and issued a proclamation proclaiming the week of October 6 through 12 as Fire Prevention Week. He stated that taking simple safety precautions such as moving every day home hazards can prevent home fires and home fire deaths. Two ways out of each room and an outside meeting place is important and should be practiced twice a year by every household. He asked residents to participate in fire prevention activities at home. Mr. Messer, Fridley Fire Marshal, stated that the Fire Department will have an open house on October 5, 2002, from 11:00 a.m. to 3:00 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 2 APPROVAL OF CITY COUNCIL MEETING MINUTES: City Council meeting of August 26, 2002. City Council meeting of September 9, 2002. APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 1. ORDINANCE NO. 1166 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance will increase the salaries of Council by two percent for 2003 and is in keeping with the two percent increase projected for City employees. The Mayor will receive $9,636.96, the Councilmember-at-Large will receive $7,915.69, and the three Ward Councilmembers will receive $6,998.22. Staff recommended Council's approval of this resolution. WAIVE THE READING AND ADOPTED ORDINANCE NO. 1166 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 2002: RECEIVED. 3. RESOLUTION NO. 51-2002 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2002 NUISANCE ABATEMENT: Mr. Burns, City Manager, stated that there are four properties listed for a total assessment of $2,824.76. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 51-2002. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 3 4. RESOLUTION NO. 52-2002 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2002 NUISANCE ABATEMENT: Mr. Burns, City Manager, stated that this resolution set the public hearing date for October 28, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 52-2002. 5. RESOLUTION NO. 53-2002 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2001 — 1: Mr. Burns, City Manager, stated that there are 103 properties to be assessed for a total of $87,742.28. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 53-2002. 6. RESOLUTION NO. 54-2002 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2001 — 1: Mr. Burns, City manager, stated this resolution set the public hearing date for October 28, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 54-2002. 7. RESOLUTION NO. 55-2002 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342: Mr. Burns, City Manager, stated that this would require costs to be assessed for the Varichak utility project. The total cost for this project was $23,295.60 and the amount of $12,145 is to be assessed to Mr. Steve Varichak The property owners will be assessed the remaining $11,150.60. This will be applied over 15 years at 6.5% interest. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 55-2002. 8. RESOLUTION NO. 56-2002 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE VARICHAK UTILITY PROJECT NO. 342: Mr. Burns, City Manager, stated that this directs publication of the hearing notice for the Varichak utility project. The hearing will be on October 28, 2002. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 4 ADOPTED RESOLUTION NO. 56-2002. 9. APPOINTMENT - CITY EMPLOYEES: Mr. Burns, City Manager, stated that staff recommended the appointment of Virginia Wagner and Adam Gau to the police officer positions for the Fridley Police Department. Both officers will start on Monday, October 7, 2002. APPROVED THE APPOINTMENT OF VIRGINIA WAGNER AND ADAM GAU. 10. CLAIMS: APPROVED CLAIM NOS. 107290-107557. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 12. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 Estimate No. 3 $ 2,530.80 W.B. Miller 6701 Norris Lake Road N.W. Elk River, NIN 55330 2002 Street Improvement No. ST. 2002-1 Estimate No. 6 $46,015.86 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 57thAvenue Sanitary Sewer Improvement Project No. 346 Estimate No. 3 $70,682.77 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 5 Ron Kassa Construction 6005 - 250th 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 si�teen townhome-style multi-family units at 6160 Fifth Street. The plat request is to create a new parcel for the construction of si�teen 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, 61st 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 e�tension 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 N URP 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 e�tended 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, 1781etters 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 7th Street and 63rd 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. Mr. 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 e�tension 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 e�tra 32 cars with 16 units. That would not have a great impact on Sth 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 C�IDC 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 ne�t 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 7th 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 Si�th 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 unti14:00 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 Sth 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 - 67th 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 hal£ 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 making $20 to $30 per hour. A vast majority of people living in Fridley right now are 2"a 3ra and 4th 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 - 61st 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 61st 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 Si�th 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 ne�t 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 ne�t 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 se�ually 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 Si�th 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 Si�th 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 e�tra 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 7th 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 Si�th 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 CITY 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 staff s 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 ne�t 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 7th 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 ne�t action on these items would occur on October 14. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 28 NEW BUSINESS 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that after the meeting she would like to find out from the City Attorney how the meeting went with Mr. Potasek She would also like a report on Mr. Kiewel's case. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE SEPTEMBER 23, 2002, CITY COUNCIL MEETING ADJOURNED AT 12:52 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor