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PL 01/11/1989 - 7089PLANNING COMMISSION MEETING WEDNESDAY, JANUARY 11, 1989 7:30 P.M. Barbara Dacy Planning Coordinator City of Fridley A G E N D A pLANNING COMMISSION MEETING WEDNESDAY, JANUARY 11, 1989 7:30 P.M_ IACATION: COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. CALL TO ORDER• ROLL CALL: APPROVE PLANNING CONII�IISSION MINLTTES: December 21, 1988 PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-17 BY ISLAMIC CENTER OF MINNESOTA: , . ... 1- 1PN Per Section 205.07.O1.C.2 of the Fridley City Code, to allow a church in a residential district, on Lots 1, 2, 3, 4, 5, 6, 17 and 33, Meloland Gardens, generally , located at 1401 Gardena Avenue N.E. REVIEW OF 1989 CDBG PROGRAM . . . . . . . . . . . . . . . . . . . 2 - � BRICKNER PROPOSAL, OLD CENTRAL AVENUE . . . . . . . . . . . . . 3 - 3B LIGHT RAIL TRANSIT UPDATE . . . . . . . . . . . . . . . -. . . . . 4 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPNlENT MEETING OF DECEMBER 8. 1988 . . . . . . . . . . . . . . . . . . . WHITE OTHER BUSINESS• ADJOURNMENT CITY OF FRIDLEY pLANNING COMMISSION MEETING, DECEMBER 21, 1988 CALL TO ORDER• . Chairperson Betzold called the December 21, 1988, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant James Burch, 7401 Central Avenue N.E. APPROVAL OF DECEMBER 10 1988 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the December 7, 1988, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT SP #88-16. BY JIM BURCH: Per Section 205.17.O1.c.9 of the Fridley City Code to allow a repair garage on Lots 1- 5 and Lot 12, Block 2, Paco Industrial Park, the same being 7267 Commerce Circle West N.E. MOT ON by Mr. Saba, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. Ms. Castle stated the petitioner, Mr. Burch, is requesting a repair garage at 7267 Commerce Circle West N.E. Mr. Burch owns a business called Pioneer Concepts, which is an automobile body shop which specializes in installation of automobile accessories and decorative painting. Ms. Castle stated Pioneer Concepts is currently located at 7401 -1- . PLANNING COIYIIrlIggION MEETING DECEMHER 21 1988 Central Avenue N.E. in a multi-tenant building located in a C-1, Local Business District. In this district, repair garages are not allowed by riqht or as a special use. Despite this, Pioneer Concepts has been at this location for about five years•. Earlier this year, Mr. Burch expanded his operation to include decorative painting. At that time, the City became aware that his operation is illegal in this district. In October, City staff notified Mr. Burch of this fact, and staff has been working with him since then to find a suitable location for his business. Ms. Castle stated Mr. Burch is proposing to relocate in a multi- tenant building at 7267 Commerce Circle West N.E., just south of 73rd Avenue and east of Commerce Circle West. The property is zoned M-1, Light Industrial District, and is surrounded by industrial districts on all sides. To the north is both a heavy industrial district and light industrial district, to the east is a heavy industrial district, to the south is a light industrial district, and to the west is a commercial district. Ms. Castle stated the business would be located on the west side of the building which houses a variety of light industrial uses. Currently, there are several offices, along with print shops, machine shops, fabrication and electronic parts processing. There is parking on site, and there is also a parking lot to the south of the building for tenants. Ms. Castle stated staff has analyzed the parking situation at the building and has determined there is enough space available for Mr. Burch's business. Ms. Castle stated Pioneer Concepts will occupy a 3,500 sq. ft. bay. Approximately 15� will be used for office space and approximately 85� will be used for manufacturing and warehouse space. Because the business does include decorative painting, Mr. Burch will be required to upgrade the bay to meet the City�s fire code requirements. That will include the installation of self- ventilated paint booth, specialized lighting, and intake and exhaust particle filters. The petitioner expects the paint booth to be in operation about two hours per day. Ms. Castle stated staff recommends approval of the special use permit with the following stipulations: 1. 2. Outside storage of cars is prohibited. The tenant bay be modified to meet the City's fire code requirements. -2- � . pLANNING COMMIBBION MEETING D�CEMB$R 21 1988 3. Repair work shall be conducted within the building. No outdoor repair activity is permitted. Mr. Rondrick asked Mr. Burch if it was a hardship for • him to be required to store all cars inside. Mr, Burch stated all the work on the cars is done inside the building. He stated he can store up to 10 cars with no problem inside the building. He stated his insurance also requires that all the cars be stored inside. Mr. Betzold stated that the Commission members received a copy of the letter Mr. Burch had written to the Planning Commission on December 9, 1988. He asked Mr. Burch if he had any additional information. Mr. Burch stated, no, he did not. Iie stated Ms. Castle had presented his situation very well. He stated when he was at the 7401 Central Avenue location, he had not been aware that he was not in the proper zoning district. Mr. Betzold asked Mr. Burch if he had any problem with the stipulations recommended by staff. Mr. Burch stated he was in agreement with all three stipulations recommended by staff. Mr. Dahlberg asked if there was any need for venting automobile exhaust as well as the paint booth. Mr. Burch stated they do no modifications of engines, so there is no requirement to have a vehicle running. They drive the automobile in and park it, and that is all. Al1 the work is strictly cosmetic. Mr. Dahlberg stated that in the wintertime, when the automobiles come in with ice and snow on them, is there a wash bay with a floor drain for water runoff? Mr. Burch stated that one nice thing about the Commerce location is that just before the prep area, there is a floor drain for that purpose. Ms . Sherek stated she was a neighbor in the area of NIr. Burch' s old location. She stated her only objection to his business was the spray painting operation in a residential area. As far as rest of his business, it has been a clean operation and has not been a problem in the years he has been there. -3- - - pLANNINa COM�iIBBION MEETING DECEMBBR 21 1988 OTION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing. OPON A VOICE VOTE, ALL VOTING AYF, CHAIRPERSON BETZOLD DECLARED T8E PIIBLIC HEARING CL08ED AT 7:55 P.M. OTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #88-16, by Jim Burch, per Section 205.17.O1.C.9 of the Fridley City Code to allow a repair garage on Lots 1- 5 and Lot 12, Block 2, Paco Industrial Park, the same being 7267 Commerce Circle West N.E., with the following stipulations: 1. Outside storage of cars is prohibited. 2. The tenant bay be modified to meet the requirements. 3. Repair work shall be conducted within outdoor repair activity is permitted. City's fire code the building. No IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated this item would go to City Council on January 9, 1989. 2. FtECEIVE NOVEMBER 15 1988 APPEALS COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Kondrick, to receive the Nov. 15, 1988, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 3� RECEIVE NOVEMBER 22 1988 JOINT ENVIRONMENTAL UALITY COMMISSION/ENERGY COMMISSION MINUTES• MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive the Nov. 22, 1988, joint Environmental Quality Commission/Energy Commission minutes. IIPON A VOICE VOTE, AL•L VOTING AYE, CHAIRPERSON BETZOLD DECLAR�D THE MOTION CARRIED IINANIMOIIBLY. 4• RECEIVE DECEMBER 1 1988 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Barna, to receive the Dec. 1, 1988, Human Resources Commission minutes. -4- p�,p,�1N6 Cp1�iZggIpN M88TINa DECSMBER 21 1988 DpON A VOICL VOTE, ALL VOTINQ AYE, CSl�IRpERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. S, OTHER BUSINESS• Mr: Dahlberg stated that he was in attendance at the December 1He 1g88, City Council meeting when the LRT presentation was made. stated it was a good presentation. As he had stated at the last Planning Commission meeting, it seems like this is moving through the process almost too quickly. He thought the Planning Commission's discussion presented to the Council at their conference meeting was fruitful from the standpoint that it became an agenda item at the next Council meeting, and the Planning Commission members were invited to participate at that meeting. Mr. Dahlberg stated he had a brochure from the Anoka County Regional Railroad Authority. It might be a good idea for the Commission members to each have a copy. Ms. Dacy stated she would make copies of this brochure for Commission members. Mr. Dahlberg stated he would like to see the Planning Commission more involved in the process, even to the extent of having a member of the Planning Commission on a subcommittee now attended by John Flora and Steve Billings. That way there is some involvement by Planning staff and Planning Commission with Mr. Flora and Councilmember Billings as the process goes along. It would be helpful for the Planning Commission to have an opportunity to respond to some of the decisions that are being made and to be more aware of the process. Councilmember Billings definitely has a concern about the planning issues because of his past involvement with the Planning Commission. Mr. Dahlberg stated�the concerns of the Council are what the cost implications are to the citizens of Fridley, and the technical aspects of acquiring right-of-way, and those kinds of things. He stated he felt the whole issue of planning needs to be addressed. Mr. Dahlberg stated it might be appropriate for the Planning Commission to make a recommendation to the Council that a subcommittee be established whereby representation from the Planning Commission and from City staff can be actively involved with the two City representatives. Mr. Betzold stated he thought the City is doing what it can to watch out for the interests of the City. He stated the Planning Commission certainly wants to be kept informed, but he was n;t sure -5- �� � � . . � „ . � �� �1.. � , � . PLANNIN(� CO1rII�iIBgION MEETING DECEMBER 21 1988 he wanted to formally put the "Planning Commission" on record as being part of the process. Mr. Dahlberg stated it was not his intent to have the Planning Commission or the Planning staff act as a body or as individuals saying they are approving what is going on. The Planning Commission should have an opportunity to voice their opinions and concerns about the selection process of the corridor as well as the selection process of stations, etc. Ms. Dacy offered two options: 1. At a regular Commission meeting, staff can provide the Commission with a report in order to bring the Commission up to date on the current status of LRT. 2. The Commission could schedule a special meeting in January to discuss this further and identify their concerns about LDT in general. That list could then be sent to the Council. Ms. Dacy stated the Commission members should be aware that Mr. Jock Robertson, Community Development Director, was attending LRT meetings along with Mr. Flora and Councilmember Billings. Mr. Betzold stated he would be in favor of a special meeting. He would like to have Mr. Robertson and Councilmember Billings attend that meeting and the other City Council members if they wished to attend. The Commission members discussed a variety of issues which could be diseussed at the meeting including: 1• Why is LRT so important? 2. Is the proposed route just a route "to do`t�mtown Minneapolis"? 3. Are we premature in planning for LRT in the Metro area at this time? 4. Is the proposed system truly designed as "a network" of routes which will provide for suburb-to-suburb traffic versus just suburb to downtown traffic? 5. How will LRT affect City of Fridley planning decisions? The Commission members set a special informal meeting for Wednesday, January 18, 1989, to discuss LRT and to have staff specifically address the Planning Commission's questions. -6- � . pLANNING COMMISBION MEETING DECEMBER 21 1988 ADJOURNMEN'I' : MOTION by Mr. Rondrick, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the December 21, 1988, Planning Commission meeting adjourned at 8:20 p.m. Respectfully �ubmitted, ��� -�, -��� _ � /�,:_� Lyn e Saba Recording Secretary Or� . � � TAFF REPORT , S ppPEALS DATE �j-��' I p�qNNWG CpIV�IQSSIOIN DATE: January 11, 1989 FRIDL.EY c,rnr c�a� �A� .'� K��d� 1 . REC�UEST . PERMR NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UT�fT�S PARK DEDICATION ANALYSIS FlNANCIAL IMPLICAT�NS CONFORMANCE TO COMPREH�NE PLAN COMPATffiWTY WtTH ADJACENT USES 8� ZONWG EIVVIRONMENTAL CQ�ATIONS STAFF RECOMMENDATION APPEALS RECOMMENDAT'�1' PLANNpVG COMMISSIOM RECOMMENDATION I IA Staff Report Islamic Center of Minnesota, SP #88-1? Page 2 REQUEST The petitioner, Islamic Center of Minnesota, is requesting special use permit approval to allow a church at 1401 Gardena Avenue N.E. Churches are permitted as a special use in the R-1, Single Family Dwelling district. The R-1 district requires churches to meet the standards stipulated in the CR-1, General Office district. The City should evaluate this request in terms of the nature of the land the use is to be located on, the nature of adjacent land and uses, traffic impacts and other factors as deemed necessary. ANALYSIS Background The City has previously considered three special use permit applications at the subject property. A summary of each follows. 1. SP #86-10 Faith Academy requested a special use permit be granted to allow a day care center at the site. The Planning Commission reviewed this request and recommended�denial for the following reasons: a. Iiealth and safety concerns about the property's maintenance. b. Apparent lack of concern by the petitioner to remedy these poor conditions. This request was tabled by the City Council and subsequently withdrawn. • 2. SP #86-16 Church on the Move applied for a special use permit to allow a church and private school on September 16, 1986. This request was heard by both the Planning Commission and the City Council for a period of three months because of concerns regarding traffic, parking and recreational facilities. The City Council eventually approved this request with 15 stipulations. Several of these stipulations required Church on the Move to sign and record a parking use agreement with Totino-Grace High School. Totino-Grace objected to this request which caused the City Council to reconsider the permit and denied it based on the lack of parking. 3. SP �86-17 In response to the denial of SP #86-16, Church on the Move applied 1B Staff Report Islamic Center of Minnesota, SP �88-17 Page 3 . for another special use permit to allow an automobile parking lot in an R-1 district. The Planning Gommission tabled this item on January 28, 1987 because the petitioner's application was incomplete. The fee owner, School District #14, did not sign the application. Subsequently, this request was withdrawn. Existing Use The Islamic Center of Minnesota is a religious organization which practices the Muslim faith. Approximately 250 families are involved in this organization, 130 of which are from this area. Approximately 200 children attend the Center's sunday school. In addition, these families utilize other activities sponsored by the Center including youth clubs, nature studies, athletic events and other recreational activities. The Center is interested in expanding its operations to include a church. Proposed Use The Muslim faith is similar to the Jewish faith because five prayer sessions are held every day. The Center would use the church facilities only on Friday, Sunday and occasional holidays. The library and gymnasium are the designated rooms where the church activities would take place. The library would be used by approximately 40 people for the Friday services. On religious holidays, the gymnasium would be used for services attended by 400 - 500 people. Chief Building Inspector, Darrel Clark, and Fire Inspector, Dick Larson, have inspected the building and have requested some minor improvements. In general, these two rooms do satisfy the Building and Fire Code regulations. Site The site meets all requirements stated in the CR-1 zoning regulations except for parking supply. Churches require one parking stall be available for every three fixed seats. Since this religion uses mats instead of fixed seats, the parking ratio was analyzed at one stall per three people. The proposed use requires 13 spaces for the Friday services and 166 spaces for the holiday services. There are 30 spaces provided on the site. Because of this parking stall shortage, a private agreement between the Center and Totino-Grace High School has been executed. The agreement allows the Center to use Totino-Grace's parking lot on a space-available basis when Totino-Grace is not holding normal classroom activity. Staff has contacted Brother Milton, Superintendent of Totino-Grace, and has determined that the Center's need for parkinq will not conflict with the school's ic Staff Report Islamic Center of Minnesota, SP #88-17 Page 4 � activity. Approximately 260 parking spaces are available on the School property. This supply exceeds the number of spaces required by ordinance. Other site improvements needed are the installation of concrete curb and gutter around the parking lot perimeter and the installation of a dumpster enclosure (per Section 205.16.05.D (3) and Section 205.16.07.D (8)). These improvements were previously required when SP #86-16 was approved by the City Council on November 17, 1986. RECOMMENDATION Staff recommends approval of special use permit, SP #88-17, to allow a church at 1401 Gardena Avenue N.E. subject to the following conditions: 1. A masonry dumpster enclosure with wooden gates shall be °installed by August 1, 1989. 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor ma be exempted). 3. If the agreement between Islamic Center and Totino-Grace High School cease to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existins� hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking supplied on site and at Totino-Grace, when available.� . ��vya��v� �_ - � In addition, the vai a e ' - Center's programmed activities shall not conflict with those of Totino-Grace's which could cause a shortage of space -available. l � � � �� B I � '�'__ _ �.� �;s� PUBLIC HEARING BEFORE THE pLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission at the CONIlKUNITY EDUCATION CEIdTER, 6085 - 7TH STREET N.E. on Wednesday, January 11, 1989 at 7:30 p.m. for the purpose of: Consideration of a Special Use Penait, SP #88- 17, by Islamic Center of Minnesota, per Section 205.07.O1.C.2 of the Fridley City Code, to allow a church in a residential district, on Lots 1, 2, 3, 4, 5, 6, 17 and 33, Meloland Gardens, generally located at 1401 Gardena Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN pLANNING COMMISSION Publish: December 28, 1988 January 4, 1989 lE SP �88-17 Islamic Center of Minnesota Islamic Center of Minnesota 4056 - 7th Street N.E. Columbia Aeights, MN 55421 MAILING LIST Lonita Kilber 5951 Gardena Lane N.E. Fridley, MN 55432 iF Planning 12/23/88 Council Richard Modig 1330 Hillcrest Drive N.E. Fridley, MN 55432 North American Islamic Trust, Inc. Douglas Johnson Joseph Hinytzke ]0900 West Washington Street 1495 Gardena Avenue N.E. 1328 flillcrest Drive N.E. indianapolis, IN 46231 Fridley, MN 55432 Fridley, MN 55432 Davic� Sallman 6061 Woody Lane N.E. Fridley, NIN 55432 Thomas Flolid 6053 Woody Lane N.E. Fridley, MN 55432 Robert Baldauff 6045 Gardena Lane N.E. Fridley, MN 55432 Gunnar Wikstrom 6035 Gardena Lane N.E. Fridley, MN 55432 Richard French 1469 Gardena Avenue N.E. Fridley, MN 55432 Dorothy Baxter 1465 Gardena Avenue N.E. Fridley, MMNTT 55432 Charles Croon 1437 Gardena Avenue N.E. Fridley, MN 55432 Becky Kindom 1423 Gardena Avenue N.E. Fridley, MN 55432 Richard Lindquist 1326 Hillcrest Drive N.E. Fridley, MN 55432 Howard Bergman 1324 Hillcrest Drive N.E. Fridley, MN 55432 Robert Knudson 1322 Hillcrest Drive N.E. Fridley, MN 55432 David Lucas 1320 Hillcrest Drive N.E. Fridley, MN 55432 Stanton Berg Dean Johnson Arvid flansen 6025 Gardena Lane N.E. 1413 Gardena Avenue N.E. 1318 Hillcrest Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Henry Olson Leo Foco William Donohue 6015 Gardena Lane N.E. 1345 Gardena Aveue N.E. 1316 Aillcrest Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Roger Schutz Richard Palmer Scott Nelson 5991 Gardena Lane N.E. 1329 Gardena Avenue N.E. 1314 Hillcrest Drive N.E. Fridley, MN 55432 Fridleq, MN 55432 Fridley, MN 55432 Diocese of St. Paul Spencer Minear Charles Pearson 1350 Gardena Avenue N.E. 1291 Gardena Avenue N.E. 1310 Hillcrest Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Continental Development Corp. 12093 Ilex Street Coon Rapids, MN 55433 Thomas Duffy 6005 Gardena Circle Fridley, MN 55432 Herbert Murphy Lewis Johnson 1337 Gardena Avenue N.E. 6030 Gardena Lane N.E. Fridley, MN 55432 Fridley, MN 55432 George Bacon Gregory Lytwyn N.E. 1336 Hillcrest Drive N.E. 6010 Gardena Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Dennis Croft 6003 Gardena Circle N.E. Fridley, MN 55432 Donald Lewis 600] Gardena Lane N.E. Fridley, MN 55432 Walter Johnson Jeffrey Hagen 1334 flillcrest Drive N.E. 5980 Gardena Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Michael Gannucci Timothy Neeb 1332 Hillcrest Drive N.E. 6041 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 SP �88-17 Islamic Center of Minnesota Page 2 Reith Johnston 1306 Hillcrest Drive N.E. Fridley, MN 55432 Robert Allie 1313 Hillcrest Drive N.E. Fridley, MN 55432 Thomas Manning 1315 Hillcrest Drive N.E. Fridley, MN 55432 Edward Kaspszak 1317 Aillcrest Drive N.E. Fridley, MN 55432 Gary King 1319 Hillcrest Drive N.E. Fridley, MN 55432 Harold Hanson 1321 Hillcrest Drive N.E. Fridley, MN 55432 Roc Nelson 1323 Hillcrest Drive N.E. Fridley, MN� 55432 Donald Nyvold 1325 Hillcrest Drive N.E. Fridley, MN 55432 Delores Ponessa ]327 Hillcrest Drive N.E. Fridley, MN 55432 Edwin Serum 1331 Hillcrest Drive N.E. Fridley, MN 55432 Yoava Klucsar 1337 Hillcrest Drive N.E. Fridley, MN 55432 Paul Colstrom 1338 Aillcrest Drive N.E. Fridley, MN 55432 Francis Hunt 1505 - 60th Avenue N.E. Fridley, MN 55432 1G James Allen 1541 - 60th Avenue N.E. Fridley, MN 55432 Ronald Long 152] - 60th Avenue N.E. Fridley, MN 55432 Eino Efraimson 5990 Oakwood Manor N.E. Fridley, MN 55432 Charles Dorcas 5960 Oakwood Manor N.E. Fridley, MN 55432 Roger Carpenter 5928 Oakwood Manor N.E. Fridley, MN 55432 Mary Steven 5926 Oakwood Manor N.E. Fridley, MN 55432 Gerald Burrow 5924 Oakwood Manor N.E. Fridley, MN 55432 Stephen Shorma 5916 Oakwood Manor N.E. Fridley, MN 55432 Chester Burmis 5963 Oakwood Manor N.E. Fridley, MN 55432 Janell Benson 5951 Oakwood Manor N.E. Fridley, MN 55432 Marjorie Rolland 1561 Gardnea Avenue N.E. Fridley, MN 55432 Jerome Tiller P.O. Box 222 Dassel, MN 55325 William Simms 1494 Gardena Avenue N.E. Fridley, MN 55432 Yrokash Purohit 5885 Arthur Street N.E. Fridley, MN 55432 James Raphael 5871 Arthur Street N.E. Fridley, MN 55432 Charles Erickson 1508 Gardena Street N.E. Fridley, MN 55432 Steven Benson John Tiller 5910 Oakwood Manor N.E. 1538 Gardena Avenue N.E. Fridley, I�IN 55432 Fridley, MN 55432 Stephen Dahlman Mahlon Moe 1499 Gardena Avenue N.E. 5955 Benjamin Street N.E. Fridley, MN 55432 Fridley, MN 55432 Bailey Tiller Daniel Nelson 1535 Gardena Avenue N.E. 6080 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Renneth Baker 5925 Oakwood Manor N.E. Fridley, MN 55432 Wesley Long 1560 - 60th Avenue N.E. Fridley, MN 55432 Wayae Herrig Gilbert Sakariason 1511 - bOth Avenue N.E. 5965 Oakwood Manor N.E. Fridley, MN 55432 Fridley, MN 55432 Daniel Nelson 6070 Central Avenue N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members { SP �i88-17 Islamic Center of MN IH N!/2 SEC. 24 , T 30, R 24 CITY OF FR/ULEY 2� � ���_ , ��—. 1 ' •:� ,` . : { \: �. i --_� � . Q'� �� �� ���� ��� ` ; '. � , .� :" ,_ 1:� .: �,.:,. ��; �F+. N/N 15� . 12 : "' .rsrR ai ik�:�, -31 . �, � , , . r� .�, ` � � � -.1°. !S - ' � ,t • t w t.• . tlt � n,. L��� I � f /� �.,, st :°'r �.;.�, "r y' � " � i • .� _ �, x -r , � � r ' ,E�'IN,. W -.. -- -� ' � 4 .- ' @� � �, � � P, � , .- �' ya,� � � - I � � /%/�/�/ 'P A .R:. �� �. � � � • " �-� � � � ADD " r: }t �o � - - `� . SCHOOL ,� � , ; --,. ., ,� , _•, �, � p „, � • .iS ` `�T ' •p �� O '• Q � -` ���` � \ r � ` .,.�+� n'=' 6n Y `_, _ v M wl ;i u' �)ir.. 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'['ee Ntary� � M • M p � � �:1"�_� �� Isiamic Center of Minnesota December� 8� 1988 Ms. Borbore Decy Ptonntng Coordlnetor City of Fridley 6431 Uniuersity Ave N.E. fridley, Mn., 55432 Dear Ms. Decy, In reply to your question, religious schooi educationel, on Sundeys. the school building is currently used for end educetion-releted ectiui#ies, mostly As the Muslim religion requires fiue deily preyers, at specific times, the school dey is interrupted, et teest once� by the caii to proyers ennounced ouer the P.A. system. At that time� chiidren end their teachers end perents, will pertorm preyers, either indiuidually, uuhereuer they ere, i.e. clossrooms, otfices,..ec#., or in e group, usueliy in the librery. Preyers normeily lest eppro�imately twenty minutest no sermon presented), toliowing which school-dey ectiuities ore resumed. As for seets, or peurs� Muslim preyers require oniy e cleen surtece, such es cerpeted floor, or prayer mets. On the other hend, °Sabbath° congregetionel prayers, including a sermon� ore held ot The Islomic center building in Columbia Heights. I hope you will find this intorma�tion ot help. Pleese contact me if you heue eny other questions. Cordially, �� � �'A A. BEOA� M.D. COMMUNITY � 60UERNMENT LIASION ISLAhqiC CENTER Of MINNESOTA 1401 6ARDENA AUE N.E. f R 1 DLEY, MN., 55432 PHONE: (Center): 571-5604 (Office): 925-2203 4c�56 Seventh Street. N.E.. Columbia Heights. MN 5542i. L'.S.A. 16121 781-91II 1L �;.i,� � -- � i__ SP �88-17 Islamic Center of MN , ., y� L%/Li/1.. � �'�� � � �.,��� � ,� i � z iM � �,1 I - �( � `� ip LICENSE AG�EFMF't�r�' The parties hereto are as follows: TOTINO-GRACE HIGH SCHOOL (hereinafter "Grace"j and THE ISLAMIC CENTER OF MINNESOTA (hereinafter "Center"). WHEREAS, Center has facilities located across Gardena Avenue from property owned by Grace; WHEREAS, a portion of the property owned by Grace at 1350 Gardena Avenue, Fridley, Minnesota 55432, is used as a parking lot for its educational and related activites; WSEREAS, Center does not have sufficient off-street parking facilities to accommodate its Sunday School program and other community school activities; WHEREAS, because of its interest in assisting the Center, Grace is willing to allow its parking lot area to be used by members of the Center on a space available basis during times when Grace is not conducting normal classroom instruction, provided that Grace is held harmless from any claims for damage to property or injuries sustained on the parking lot property by members of the Center. IT IS HEREBY AGREED AS FOLLOWS: ! 1. Grace hereby grants Center, while owned and I' operated by Islamic Center of Minnesota and the members of Center, a license to use on a space available basis that certain parking lot located at 1350 Gardena Avenue, Fridley, Minnesota 55432, while conducting or attending Sunday School classes or other community school activities of Center approved in writing in advance by the supe�rinten- dent of Grace, at times that do not conflict with normal classroom instruction at Grace. 2. In consideration of the license granted at para- graph 1 above, �Center agrees to indemnify and hold Grace harmless from any and all causes of action or claims for damages or personal injuries that arise on account of or in connection with the use of the parking lot property by members or guests of Center. 3. This agreement shall continue until terminated in writing by either party giving thirty (30) days written notice to the other party. In the event that Islamic Center of Minnesota ceases ownership or operation of Center, then this License Agreement and any rights granted Center here- under shall automatically be revoked and terminated without notice. 4. All notices required to be given under the terms of this agreement should be given at the following addresses: Totino-Grace High School Islamic Center of Minnesota c/o Superintendent c/o Community Liaison 1350 Gardena Avenue 4056 Seventh Street N.E. Fridley, MN 55432 Columbia Heights, MN 55421 TOTINO-GRACE HIGH SCHOOL By TY�— I t s �r LLPFa(Z,cUTf�+�J D�I�1 T` ISLAMIC CENTER OF MINNESOTA �: �� '.' i / � , - 2 - ; �o STATE OF MINNESOTA ) � .S S • COUNTY OF ) 0 - The foregoing instrument was acknowledged before me this �Gt�,day of d•-�,zL�� . 1988, by 8,1. ih,i��-� ,��T� d C• the ,����,�� of Totino-Grace High School. ...�.�_..-.....�� , a kA1NRTN DREN � � ��� Mnta�� Fmhtic • Mins!se[a f.�� Hcnnepin Co�nty '��'Yl �'y f nr�mi�v�.n faP:r+� - Jans 23. t9ol �.�.1.1� A.� .�sA � �AJi r � I�J.�A ♦ STATE OF MINNESOTA ) ) ss. COUNTY OF ' j _?��.�,�n� .�.t� �...� Notary �ublic The foregoing instrument was acknowledged before me this a.�t&,day of ,d�_�-��,� , 1988, by �'�.,(��.��iJ:�., (,��a,ti,� _� the �,�,��s,,,� of Islamic Center of Minnesota. �� � ...v•� sy r�r��• ,�=*��a k'tlI�YN GAEW � NP��r! Ppbfc - Minneseta . i�• -+i� N�nnn .: , pin County �� C tA: ,^�n�..,�.�.nn F.rDi��! `..� • Jun� 23. 14p1 ♦�ww� �u.wAA 1w �i w ._r e.�� 3:010 _�,s�e.� w/ �.r�..� Notary �ic - 3 - 1P � �Q CITY OF FRIDLEY PLANAIING CONAffSSION MEETING, OCTOBER 8, 1986 ,,. � CALL TO ORDER: Chairperson Billings called the October 8, 1986, Plan " g Commission �eting to order at 7:35 p:�n. ROLL CALL : Members Ptesent: Steve Billings, David ndrick, Dean Saba, Donald Betzold and Sue Sher Abembers Absent: Rich Svanda an 1 Gabel Others Present: Jim Robin n, Planning Coordinator Jock Ro rtson, Community Development Director APPROVAL OF SEPTEMBF,FC 24 e MOTION BY MR. NDRICK, SECONDED BY I�2. BETZOLD, TO APPROVE THE SEPTEPIBER 24, 1986 PLe1NNI COMhfISSION MINUTES WITH THE FOLLOWING CHANGES : PAGE 14, PARAGRAPH , CHANGE THE WORD "FORPiaLLY" TO "INFORMr1LLY" AND ATTACH THE SIGr-IN HEET. UPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION IED U1�NII�USLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL US_E_ PERMIT. SE• �86-16. BY CHURCH ON THE MOVE: Per Section 205.07.1, C, 2 of the Fridley City Code, to allow a church and private school on Lots 2, 3 and 6, exceptthe South 200 feet thereof, Meloland Gardens, all located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 4, Meloland Gardens, located in Secticn 24, T-30, R-24, Anoka County, Minnesota, and Lot 5, except for the Westerly 110 feet of the Southerly 200 feet, Meloland Gardens, located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 1, except for the Southerly 210 feet, Meloland Gardens, located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 17, Auditor's Subdivision No. 92, Anoka County, Minnesota and Lot 33, Block 3, A9oore Lake Hills, Anoka County, Minnesota, and Lot 1, and Auditor's Subdivision No. 92. Lot 17 may be encumbered by a recreational lease running in favor of the Gity of Fridley, the same being 1401 Gardena Avenue N.E. A1�3TI01� BY A�t. RONDRICK, SECONDED BY MS. SHEREK, TO �IAIVE TAE READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UP(1N A VOICE VOTE, ALL VOTING AYE, �IRPERSON BILLINGS DECLARED THE PUBLIC HEARING OPEN AT 7:37 p.m. IB PI�1IdNING COA�IISSION r�ETING. OCTOBER 8�1986 __ P�� 2 I�. Robinson sta[ed this is a request for a special use permit to operate church facilities at what was Faith Academy and prior to that time, Gardena School. He stated the proper[y is aoned single family and located in a single family neighborhood actoss the s�reet �from Totino-Grace High School. Mr. Robinson stated the petitioner, I�. Mark Anderson, President of the Chuzch on the rbve, is requesting to conduct church services in the S)'mnasium and the request doesn't include any new building con- struction. lie stated there a:e 600 a�embers in the congregation and they would hold two services on Sunday with about 3Q� attending the morning service and about 150 atter.ding tae evening service. He stated a neighborhood meeting was held several Weeks ago with approxi- mately 35 persons attending to exchange ideas and hear any concerns from the residents. rtr. Robinson stated if the special use permit is approved, staff is recommending the following stipulations: (1) All existing hardsurface areas to be improved with sealcoating, curb and gutter and striping; improvement date to be reviewed in one year; (2) An approved dumpster enclosure to be installed by October 31, 1986; (3) Rert�ve or repair deteriorating playground equipment b�• October 31, 1986; (4) Combine individual lots into one tax parcel, as requested by City Assessor prior to final approval; (5) Provide for•and record at Anoka County, a parking use easement with Totino-Grace High School, for use of Totino's parking lot (off Gardena Avenue) on Sundays; (6) This special use permit for church uses is [o be coterminous in duration with parking use agreement; except where installation of new parking on-si[e would suffice; (7) This special use permit is issued for Church on the Move only; (8) This special use per mit does not cover any new construction; (9) A$5,000 bond to cover items 1-4 to be issued to the City by October 21, 1986; and (10) This s pecial use permit to be reviewed prior to expiration of parking agreement or in one year, whichever comes first. Mr. Robinson stated that Mr. Anderson had worked out an arrangement with Totino-Grace to use their parking lot on Sundays. This agreement could be terminated b}• either part�. Mr. Robinson stated he felt it would be to ever�•one's benefit to tn and extend the �ength of the parking agreement with Totino-Grace to at least one year. Ae stated it should be noted that this document should be completed prior to written approval by the City of the 5pecial Use Permit. He stated he believed Mr. Anderson is aware of the stipulations and is in agreement. • �lr. .'�nderson, President of Church on the Move inte�national, stated� in August, he met with the Chairman of the Board for Faith Academy and discussed takinR o��er the school lahich was having financial difficulties. He stated thev came to terms to take over the school with the idea of holdin� their church services in the gymnasium. He stated he wasn't aware a special use permit was required as this is not necessary in Minnetonka and -Bloomington. 1S pLARTNING COAQiISSION MEETING OCTOBER 8 1986 PAGE 3 Mr. Anderson stated he has spoken with Dr. Ray at Totino-Grace in regard to the parking and they have agreed Totino-Grace's p�rking lot can be used. He stated a contract has been drawn which indicates Church on the Move can use Totino-Grace's pa_king lot far their Sun- day services. He stated if a conflict arises, they would need to 'make other provisions. 1+�h�. Anderson stated they were going to assume the $580,000 contract for deed on the building, but the company.through which they ar�� seeking bonds has to have the first atortgage on the property. Mr. Anderson stated they met with neighboring residents and a:ot of questions were raised about u►aintenance on the property. He stated he assured them the property vould be maintained as they have a regular maintenance person and have purchased lawn and snow removal equipment. He stated they also plan to replace part of the pla��- ground equipment. He stated the consensus of the meeting was that the residents would like to be kept informed of their plans. He stated the long-range plan for the property is to seek [o build a sanctuary, but right now it is not known when this could be done. N'tr. Anderson stated he shared some of their future plans and really Was under no obligation to do so. He stated some of the residents' concerns was they didn�t want to see access through the side streets or disturb the natural area of the pond. He stated they also share these sa� concerns. 1�. Anderson stated he found out yesterday that a large group of people had signed a petition as it relates to their future plar,s. He stated, at this point, any future plans are speculative, but found out there were all kinds of strange ideas and stories being circula[ed. lyh. Kondrick asked Mr. Anderson if he had any problem with the stipu- lations recommended by staff. N�k. Anderson stated he didn't quite understand combining individual lots into one tax parcel. l�r. Billings stated the pur pose is to identify the property as one tax parcel rather than several parcels. Mr. Anderson stated he would then have no problem with this stipulation or any of the others. He stated they didn't install parking on the site as the neighbors indicated [hey didn't want it. Mr. Billings stated the agreement for parking with Totino-GraSe covered their parking on Sundays, but asked if they conducted mid- . week services. Mr. Aaderson stated they have services on Wednesday, but plan to change this to an individual Bible study. He stated they would nat have a large crmad on Wednesdays. A1r. Billings asked the curzent ca�city of the parking lot on this site. Mr. Robinson stated it is about 25 spaces, but isn't striped. 1T P1s11VNING COAQIISSION 1+�ETING. OCTOBER 8, 1986 _ P�GE 4 I�. Robinson stated no plan was submitted for an expansion or new construction and wanted to make it clear to the petitioper and residents that this special use permit does not cover a new church facility, but simply to use the present gymnasium for church seivices. Mr. Saba asked Mr. Anderson the plans for long-term peraianent park•ing. Mr. Anderson stated they took over this facility five weeks ago so really haven't taken the ti� to examine it. He stated whatever is required they would cr�et the qualifications. A�. Robinson stated another stipulation probably should be added that programmed activities wouldn't exceed the parking supply available either on-site or at Totino-Grace High School. Mr. Robinson stated a petition vas received in opposition to this special use permit as well as a letter in favor of the special use permit . P�h. Galen Carlson, 601 Rice Creek Tezrace, a member of Church on the Move, stated he knows everyone wants a�ood community in which to live and felt the influence of a church upgrades the community. He stated the request is to hold their services in the gymnasium and knows neighbors may have fears about parking and congestion. He stated he was in the area when a football game was being held at Totino-GYace and felt they would cause a lot less disruption. He asked for the Commission to give a tavorable decision on the request f or the special use permit. I�. Flolid, 6053 Woody Lane, stated at the neighborhood meeting, he felt the church was rece ptive to the zesidents' concerns and stated he was in favor of the special use per mit. P1r. Hamernik, 1340 Hillcrest Drive, stated he was in favor of the special use permit. Mr. Roith, 1314 Hillcrest Drive, asked what would happen if Totino- Grace decides not to let the church use their property for parking. Mr. Billings stated if at any tia{e, they lose their parking privileges at Totino-GYace, it would be necessary for Church on the Move to come ag�in before the Commission to provide additional parking or lose the special use permit. Mr. Ro�th stated in talking to the School Board, there was some con- de�nation of land in order ttiat Gardena School could be built. He :stated as long as the School District had any interest in the property, the playground was to b� maintained for use by the residents. He stated if the church does not assume the contract for deed, this agreement vould terminate. Mr. Robinson stated the lease ran in favor of the City and if that isn't the case, a new easement can be recorded. IQ P1.AN1�'ING COMMISSION MEETING OCTOBER 8 1986 PAGE 5 Mr. Anderson stated the lease ties into the contract for deed and stipulates there would be some equipc� nt maintained for the benefit of the community. He stated it see ms strange that this becomes an issue when there was an agreea� nt in the past and nothing was•done. He stated they would rebuild the playground equipment, and had no objection to.continuing such a stipulation. . Ms. Ardella Foco, 1345 Gardena Avenue, asked why the residents were not notified that Faith Academy was in financial trouble. She stated Mr. Anderson stated they had plans to build in the spring at a cost of about $700,000. She stated this wou?d be in her back yard and the area is now crowded. Ms. Foco stated when they bought, this was suppose to be a residential area and has been anything but residential. Irh�. Billings stated he cannot answer the question why Faith Academy didn�t inform the residents of their financial difficulties, but felt they were under no obligation to do so. He stated the request before the Commission this evening involves using the school gym- nasium for church services and does not involve any new construction. I�tr. Bittman, 1120 Gardena Avenue, asked if the special use permit is approved and the church decides to build, if they would have to come back to the Cocrenission. Mr. Billings stated if there are any pinns submitted for construction, another public hearing would be held ana input received at that time by anyone who has concerns. Atr. Bittman stated he cannot see anyone purchasing this property for $800,000 without any guarantee they can expand in the future. He stated they have enough traffic and didn't want any more congestion in the area. Ms. Roith, 1314 Hillcrest Drive, stated she knows this will not end with the congregation holding their services in the gymnasium. S}ie stated future �lans is what they wish to stop as they don't want a church in their back yard. Mr. Anderson stated their immediate concern is to have a double use of the property in order to sustain the school. He stated when the time arises, if they cannot build a church on this property, they would be in a better financial situation to purchase property elsewhere. He stated it is th'efr desire, at some point in the future, to build a church, but the5 have no plans at this time, Ms. Roith asked if the entrance into the parking lot was wide enough to accommodate �th incoming and outgoing traffic. I�. Robinson stated he believed they have the required 25 feet. A parent of one of the students stated he drives there every morning and doesn't have any problem when he passes another car. tv pLAN1�IlVG CO1�L�lISSION MEETING OCTOBER 8 1986 PAGE 6 Alr. Kaspszak, 1317 Hillcrest Drive, stated the pond behind the school is governed by the Department of Natural Resources and they may be concerned with this matter. He stated he believed an Environmental Impact Study should be made, as well as a[raffic study on Gardena Avenue. Mr. Tiller, 1535 Gardena Avenue, stated it was the residents in the area who made it possible for Gardena School to be at this location. He stated the land should be kept open and all one plot. Mr. Minear, 1291 Gardena Avenue, stated he was opposed to this special use permit. He stated if there is a viable church program, events will be going on during which are normal quiet times for the neigh- borhood. He stated the�• tolerate the school as most of their traffic is during the week days. He stated he could not visualize a church with a sea[ing capacit�• of 800 people and a parking Lot the size of Totino-Grace's on this property. He stated the residents strongly object to access onto neighboring residential streets so all the traffic would use Gardena Avenue. Ms. Palmer, 1329 Gardena avenue, stated A1r. Anderson stated at one meeting it would be so me time in the future they may build a church. She stated a few weeks later, he stated they plan groundbreaking in the spring of 1987. She stated she believed parking would be a problem and if there would be any guarantee people would not park in front of their homes. Atr. French, 1469 Gardena �venue, stated the last thing they need is parking on both sides of Gardena Avenue. He stated Gardena Avenue is alreadv a"race track" and they don't need any additional traffic. D1r. Solort�n, 1211 Gardena Avenue, stated he questioned how Mr. Anderson can say they have no plans to build a church. He felt they do have future plans which will affect all the residents. A�. Shorma, 5916 Oakwood Manor, stated he was neither speaking for or against this special use permit, but stated St. William's Church did conduct church services at Totino-Grace several years ago and didn't knaw if t::is affected the traffic patterns. Mr. Manning, 1315 Hillcrest Drive, asked if there has been any survey or study vn the tsaffic that would result from the church services. Mr. Robinson stated a study has not been conducted. Mr. Anderson stated it has been suggested to the City Engineer that crosswalks be installed and possibly putting in some stop signs. He stated he believed [he issue had to be addressed. l�h. Manning stated he was concerned if the special use per mit Were granted, the fact would be established that the church can function on this property which leads to the �ssibility of expansion. He stated he understands�a considerable amount of money was spent on 1W PLADTIv'ING COl►Il�QSSION MEETING OCTOBER 8 1986 PaGE 7 blueprints for a church in another area which the church hopes could be adapted ta this site. Mr. Johnson, 1495 Gardena Avenue, stated he was not opposed to� .this special use permit, but would be opposed to any new con- struction. Ae stated they have enough traffic problems and wouldn't want a new church. � Mr. Betzold asked Mr. Robinson what may be the use of the property, . if the special use permit were not approved. rir. Robinson stated the special use permit is required because of the church services only, and the property could be used for a school. Mr. Klucsar, 1337 Hillcrest Drive, stated he felt, in the future, there would be a need for more schools and the School District should buy it back from Faith Academy. iie stated he is not against churches, but wondered why they should provide streets and facilities for persons who probably don't even live in Fridley. Ms. Foco asked if [here is any possibility of the property returning to a residential use. Mr. Billings stated if someone other than Church on the Move were to buy the property, it may be possible to develop as residential. He stated at this point, it appears Faith Academy has a willing buyer and felt the odds of that happening were very slim. Ms. Arlys Jenewein, 1342 Hillcrest Drive, stated she can sympathize with P�. Anderson, but if they do build a church, �re than one access would be needed for the parking lot. She stated she wouldn't want to see the existing walkway turned into a thoroughfare. 2�h. McLaughlin, 1050 G�rdena Avenue, asked how many parking spaces would be required if a church was constructed. Mr. Robinson stated the method used is one parking stall required for every three or four seats. Mr. McLaughlin stated another piece of property is being used in order to meet the parking requirements and objected to this procedure. 1�. French stated if additional parking had to be provided on Church on the Aiove's site, there would be additional runoff and wondered how it would affect the storm sewer. He stated he could see some potential problems arising as a result of any expansion of this facility. Mr. Morris, 1341 Hillcrest Drive, stated if the special use permit is granted and the property properly maintained,�it would be difficult for the Commissioa in the future to deny the church the rfght to park on their vwn land. He felt the problems now would be a lot worse if things develop further. 1% PLAN1�IrG C0.`L�QSSION r�ETING OCTOBER 8 1986 P�'� $ 1�. Tom JeneWein, 1342 Hillcrest Drive, stated his main concern is bri�girg additional people into the area. He s[ated Fridley has a lot of f�ne churches and knew very few people belonging to this denomination and asked where these persons reside. - �. Anderson stated they have a number of people in the Fridley area that belong to their congregation. He �tated Fridley is the best central location for them. He stated they had a full set of plans done for a site�fn Brooklyn Center and, if they proceed to build, it is hoped these plans will adapt. Mr. Mcl.aughlin stated even on the best of days, the intersection at Gardena and Old Central fs very difficult. He stated he woutd ask the Commission to consider the public's safety as placing additional traffic on the street wouid add to the problem. rfr. Robinson stated based on the neighborhood input, staff could re- quest the Engineering Department to issue a study on the traffic. Ms. Sherek stated she realizes Old Central is a State road, but felt possibly a signal is needed at Gardena Avenue and Old Central. A�. Kaspszak felt the City should request an Environmental Impact Study. Atr. Robinson stated a[ this ticne, there is no new construction planned. rlr. Kaspsxak stated if he was 1`�. Anderson he would want to know his limitations for the site as his plans cnay be mute. D�. Aianning asked if the special use permit were granted if this re- stricts them to using only the gymnasium for their church services. P�. Robinson stated they would be restricted to the gymnasium for church services. Mr. Kevin Dooley stated he belongs to the church and lives in Blaine. He sta[ed about 20 of the parishioners live in Fridley. He stated the church cares about families and children and invited persons to attend. • I�. dnderson stated whether or not this special use permit is granted greatly impacts the success of the school as they need the use of the gymnasium for church services in order to succeed. I�YTION BY MS . SHEREK, SECOIJDED BY P�flt. BETZOLD, TO CLOSE THE P'UBLIC HEP►RING. UPON A VOICE VOTE,�ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE HEARING CLQSED AT 9:05 p.m. • MOTION BY l�i. BETZOLD, SEC�IDED BY ASt. SABA, TO RECEIVE THE P�TITION IN OPFOSITION TO 11iIS SPECIAL USE P'ERMIT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MaTION Ce�►RRIED UNANIINOUSLY. IY PLANNING COrQffSSION MEETING OCTOBER 8 1986 PAGE 9 I�TION BY I�. SHEREK, SECONDED BY A�t. SABA, TO RECEIVE THE LETTER FROAi DR. AND �IItS. ZWICKY IN SUPFORT OF THIS SP'ECIAL tJSE PERMIT. UFaN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIN(� DECI�RED THE MQTION CARRIED UNANIMOUSLY. Mr. Betzold stated he felt the residents' concerns center around''the possibility of a new church which really isn't the issue before the Commission this evening. He stated if plans to construct a church were being submitted this evening, he didn't believe the Commission would be very receptive. 1�. Betzold stated the issue is whether the building can be used for church services, in addition to being used as a school. He ,� stated he is aware of traffic problems in the area, but didn�t feel that would be resolved by denying the special use permit as someone ' else could use the building for school purposes. He felt this proposal is no better or worse than what the building has been used for in the past. Ms. Sherek stated she didn't feel it was appropriate to look at approval or denial on the basis of what might happen in the future. She stated the =equest before the Commission is to use the gymnasium for church sPrvices, and felt it was an appropriate use of the building. Ms. Sherek stated additional traffic would not be added during the week from this use, but share.d the residents' concern if people would park on Gardena or use the parking lot. She felt, however, if the street was posted with "no parking" signs, it would also affect the residents. I�. Saba asked what authority the City would have to post "no parking" signs on Gardena Avenue. Mr. Robinson stated there are "no parking" signs on the north side and if the south side were to be posted, the City would consider the residents' feelings and also if Totino-Grace High School would be in favor. Irh. Kondrick stated the church could request their parishioners to park in the parking lot. He felt the traffic is a problem, but the Com- mission cannot address issues that may happen in the future. fle stated he cannot see any reason to deny the special use permit. Mr. Saba stated he spoke with some of the residents and know they have real concerns. He stated it seems Church on the Move vishes to prove they can be good neighbors and are taking care of some of the mainten- ance problems. He stated he c8n see some positive things happening if this is used as a school and maintained properly and limited to use as a gy�asium-type church. Mr. Saba stated he has some concern about the property being one parcel and asked if the church were to sell part of the property, if they would have ta come before the Commission for a lot split. I�ir. flobinson stated if the propezty is platted, a public hearing would be necessary. 1Z PL1I+1I3ING COAQffSSION MEETII�G OCTOBER 8 198b PaGE 10 Mr. Robinson stated staff would reco�end two other stipulations regarding parking for programcaed activities and providing the recreational e�sement. 1�. Billings stated City ordinances provide churches are allo�aed in an R-1 zone, with a special use permit, and in order to deny this request, it would be necessary to show that approval of this permi.t would cause a problem in the nefghborhood by affecting the public safety, health or welfare of the residents, or result in a decrease in property values. MOTION BY I�. BETZOLD, SECONDED BY I�i. KONDRICK, TO RECOMr'�ND TO THE CITY CQUNCIL APPROVAL OF SPECIAL USE PERAQT, SP #86-16, FOR CHURCH ON THE MOVE, TO ALLOW A CHURCH AND SCHOOL AT 1401 C�IRDENA AVENUE N.E., WITH THE FOLLOWII�TG STIPULATIONS: � 1. �111 existing hard surface areas to be improved with sealcoa[ing, curb and gutter and striping; improvement date to be reviewed in one year. 2, an approved dumpster enclosure to be installed by October 31, 1986. 3. Remove or repair deteriorating playground equipment by October 31, 1986. 4. Combine individual lots into one tax parcel, as requested by City assessor prior to final approval. 5. Provide for and record at Anoka County, a parking use easement with Totino-GYace High School, for use of Totino's parking lot (off Gardena Avenue) on Sundays. This document completed prior to written approval by the City of the special use permit. 6. Special use per mit �686-16, for church uses, is to be co[erminous in duration with parking use agreement; except where installation of new parking on-site would suffice. 7. Special use per mit �86-16 �s issued for Church on the Move only. 8. Special use permit ,�86-16 does not cover any new construction. 9. A$5,000 bond to cover items 1-4 to be issued to the City by October 21, 1986. 10. Special use �rmit �86-16 to be reviewed prior to expiration of pasking agreement or in one year, whichever comes first. 11. Programmed activities will not exceed the parking supplied on-site and/or at Totino-Grace when available. 12. Recreational easement ia favor of the Citp of Fridley, p�ior to final approval by the City of the special use permit. UPON a VOICE VO�E, ALL VOTING AYE, CiiAIRPERSON BILLINGS DECLARED THE IrDTION CARRIED UPk�+NI1�USLY. lAA PI.�1hR�IAG COAQffS5I0N MEETING OCTOBER 8 1986 P�GE 11 The Commission requested the City's Engineering Department sub- mit a report on their perce ption of the traffic issue as it rela[es to the church and this s�cial use permit. Mr. Billings stated this item would go to the City Council on October 20, 1986 and the Council would have the final decision on whether or not the special use permit is granted. - 2. PUBLIC HEARING: TABLED 9/24/86: CONSIDERATION OF A SPECIAL USE PER- AffT SP dk86-13 BY RONALD CHRISTENSEN OF R T.0 AUTOMOTIVE: � Per Section 205.14.1, C, 4 of the Fridley City Code, to allow'a repair garage on Lots 1, 2 and 3, Block 3, City View, the s� being 5755 University Avenue N.E. MUTION BY PYZ. KONDRICK, SECONDED BY P�Ilt. BETZOLD, TO R VE THIS ITEM FROM THE TABLE AND RE-OPEN THE PUBLIC HEARING. UPUP: A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON B LINGS DECLARED THE HEA&ING RE-OPEN AT 9:28 p.m. Mr. Robinson stated this request for a speci 1 use permit is to allow a repair garage at the location which was eviously Shorty's Towing at 5755 University Avenue N.E. He stated e understands that pre- sently three businesses are proposing t use this property. Mr. Robinson stated the petitioner is pro sing to use the building for a repair garage, another person oper tes a lease and sales business, and the owner who intends to use t storage yard in the winter months for his towing operation. Mr. Robinson stated if this s cial use permit is approved, staff would recommend the followin stipulations: (1) Install landscaping as per City plan dated Sep mber 24, 1986 including sodding, planting and edging and rock mulch ith weed barrier for each shrub bed by October 31, 1986; (2) vide automatic lawn sprinkling for all green areas by October 31, 1 86; (3) Provide six inch concrete curb and gutter�around all ha surface ar� driveway openings, as per City plan dated Septembe 24, 1986 by October 31, 1986; (4) Curb openings to be modified to omply with City plan dated September 24, 1986 by October 31, 198 ,(5) Sealcoat and stripe parking lot as per City plan dated Septembe 24, 1986 by October 31, 1986; (6) Provide hard sur- face driveway ten feet into storage yard on north and south as per City plan d ed September 24, 1986 by October 31, 1986; (7) Provide eight foot igh sqlid wood fence and gates (material and style to be approved y City) as per City plan dated September 24, 1986 by October 1, 1986; (8) All refuse and waste cnaterial shall be stored in du sters to be located inside storage area immed iately; (9) All mate als including inoperable vehicles shall be stored iaside stor- age yard, below top of fence, iamediately; (10) Rearove or relocate t center of storage yerd the blue-green trailer in storage yard; 1) Rea�ve all vehicles int�nded for sales or leasin� immediately. his special use permit is for auto repair only; no saies or leasing of vehicles is or will be �rmitted on this site; (12) Remove truck I.� 5. 6. �.�,Il�.�.�_ �rl?I�.��i. � � � �1���: SI: _ � ' '�1 1��:� �. � L_�� ��506.10: p��nQlman Schr,eicier asked if this orc7inanae w d prohibit a person from parking a vehicle with a for sale sigi in th r a,�n c�iva,�ay. Mr. Herrick, City Attorney, stated he would c�eck furth rec�arding this question. I�pTION by CAUncilman Fitzpatrick to ive the readin9 and approve the ordinanoe upon f irst reacling. Seo�n by Councilman Gooc7speed. Upon a voioe vote, a11 voting aye, Mayo Nee declared the motion carried unanimously. Mc. lmbertson, �unitY e]-oPnent Director, stat�ed Dr. Dahl' e of f ice was aontacted to inform i�im s raoning, vaaation, and variance requests were on the O��cil's agen for this evening. � stateci he was advised that Dr. Dahl was out of taw and was not expected back until Tuesday morning, October 21. Ae ska d Co�a'idl may wish to table tl�ese items intil Dr. Dahl oan be pcesetit. I�pTiDN b� �u 7C, whi ci� al l Sea�nded b,� C Nee declarec� �man Schr�eider t�o table this item, rtain to Dr. Dahl's pcoperty to th a,lr�n garnette. Opon a voioe vote, motion carried unanima�lY• as well as items 6 and e next Council meeting. all voting aye, Mayor � �, .. -. .- _�� - - �. � - - • ;.�� �/1�, !�:! ,�!��! ��_: • ' k�!�_ *___.�!���_ �_r,,,}y� � ��; ;,������ _ � � k�� = ' ' : . a 1�. �?�:����± �' ;� • _�� !:. � «.iLI�«� ��l�.�l� �iae_� �l� �1° 1t .� i • "'_ �;;s �, r,:���: — ' _ ! _��?�. ; � � _;.�.?!1�±�';. � �?+,��! � - �- ;�!� �� �t�_4_ - 4:�_ Ms.l ��«:. �:� 4;!_ v!.�� , •..- -. t.:nu . �-„ . . � - , �, �:. . _, . - . _ _ _ _. - _ . _ .- .+ . - .- �, . � � .� . � ��- .-� - . .. . .: .:, _ - �- - - _ .- . � � - - - . •. • • ii: - . 11 i ai •- - - •� . i •) r ..• �• - . - �- • • •- i - • • •o • - •• •� - �: • �• � • • i •� - ' 1BB K�.1�4�_. ;+l�M � � �.���1;_�; � ' � � �e �r��y w3th about 300 people attencling and or� in the evening with $bout 150 people atten�ing. Mr. iiobertson stated neic,�ib�arhood mc�etings were held % Qiurch on 'the l�bve with r�eighboring resi�nts to answer some of their questions and c�oncerns. . approval of this in the ap.uncil' s City Engir�er to I�: Rot�ertson stated the Plannin9 C�►issi.on reoommended special tse permit with 12 stipulations which are includec7 agenc�a. He stated the Planning Co�►►ission requested the sudnit a report on the traffic issue. Mr.. i�'lora, PUblic Works Di.rec�or, stated he has met with the Ac3ministrator of the sd�ool and the clisrussions oenterecl primarilY on the drogp�ng-off and picking-up of studer�ts. He stated b�th schools (Church on the Move and To�ino-Graae) start and end their academic ciay at approximately �erksine time causing �ngestion with student pLckups and in the hic� sci►ool pa 9 lot, He stated ore solut3on wuld be staggering hours so vehicle usage ��a be��a o"� a longer period of time and decrease the oon�stion. Ae stated another alternative would be tro relocate the drop-off p�int for Ql�ch on the A�bve to the west end of the building. Ae stated this would allaa vehicles to eriter the existing driveway and establish a que line to the erttranoe and within the exi.sting lot. He stated a third option would be a�nstruction of a road and driveway aro�d the eacisting building to serve as a que area and prwide for easy acaess to anci fraa the fadlity. t�. Flora stated tbe plao�ne� of a crosswalk between Totir�-Gra°e and this property was also discussed, but there is a problem as there are no sidewalks and, with the facilities located in the midcile of the block, it would tend to give a fa18e sen�e of seauity for the pedestrian. ee felt this dic'h't lend itself well to a safety aspect. Mr. Flora stated as far as the vehicle parking in Totino-Grace's lot for ahurch serviaes, this woulch't be a problen as �otiro-Graoe would not have any activities at their sdiool during this time. � statea the iritersection at Garaena ancl Old Ceritral was also discussed. He statea in order for a stop lic,�t to be plaaed at this iritereection, it would have to be appraved ��e ���, ���, �p�r�� an� sat3,sE�, the r�eaessary traffic warrants to justify a si�aled inters�ction. ee stated, currently, there are inadequate vehicles to satisfy the warrants. He stated the City is proposing to reduae the vol ���s atcthosel n ertsectioris�en Rice Creek Road ancl Hic,�way 65 with imps Oouncil�n Schneider asked if Churc� on the I�ve was the awner of the Fxopert�'• Mc. Ander � clos'Pien�hasrebeen c�elayed as part of �e�abstra�ct�s w te lostthe property, 9 l�r. Serrick, CYty Attorr�ey, asked 1�9�c. Anderson if dze agcee�►ent they have is witb Faith �d�ny ar Sc3iool Di�trict Nc. 14. Mr. Anderson stated they do not have aciy agreeaent with tbe School D�.strict, as they are purchasing the school fran Faith Acaciaay tbrouc� knruis to pay a�f previov� f�nding. . -5- c iCC �_� Il�.�� a�?+3i�1��. • - _ � �,��:_�+_ � ' � � 1DD lyr. Herrick fe1t, tedinically, the fee ar�r�r should sign this request for the spedal use pern►it. He stated if the Council were to approve this �d� urchon the M�ve became the fee a�rer o� the�p�operty�d be. granted after � l�r. Anderson, the petitioner, stat�ed he a�oached Faith AcademY in August al�out the p�ssihle purdiase � 1�e school. 8e stated they have sic�ed a �o purc�ase agreenent and a mw�-in agreenent and took over operation of e �ool 3mnedz,at,ely. He stated, at that time, he reveived a phone cal l f ran the City advising him a special u�e pern►it was needed for then to oonduct church serviaes in the c�mnasiun. � stated they wanted the schaol for a d�ubl e�e school and church in order to malce it ea�n�nically feasi bl e. Ae stated it was cliscvssed, if the actual aaners should file for this special use permit, and it was suggested they make application as they were the ones holding the dzurcii servioes. 1�+�. Anderson stated a meeting was held with the r�eic�boring resic3ents where they expressed their �noerns. Ae stat�ed most of the a�noerns involved the care and mairitenanoe of the p�operty. He stated they have cleane&-up the pcoperty and purdzased lawn maintenanoe equipnent• l�r. Anderson stated he was asked about lo�crrange plans and stated, at soKne p�int in time, they may oonstruct a new building. Mr. Anderson stat,ed he has oontacted the Superintenderit of Zbtir�o-Graoe, Dr. Ray, and a a�ntract for parking has been drafted. Ae stated it would be several days before final ap�xaval is reoeived fran Tatim-Graoe as this has to cp before their Board. Ae stated the agreement alla�rs then to park 100 cars on Totino-Graoe's parking lot and meets the lec�al oonc7itions required b� the City. O��dlman Schneider stated his aonaern is the parking and traffic. He statea another ke1, i.ssue which ca4ne up at the ryeighborhood meetings was if Qiurch on the Mave was w il l ing to sell the parvel � Fr ope r ty whi ch f ront s on Hillcrest Drive. Ae �ated the aonoern of residents in the area is that this parael may be �ed for ac�ss, if a church were to be built in the future, and residents dich't want this p�operty to be used as a feeder onto Hillcrest Drive. Mr. Anclereon stated these types of questions are diff icult to anewer be�use they have been at this location less tban a month. Se stated when he met with the residents, he was very honest and stated they would like a new building. � stat,ed this resulted in opening a whole "can of worms" when all they really �rantecl was to meet in the c,�mnasi�n► on SunaaYs. He stated they cbn't have a glan for this property sb the q�stfon is difficult to addsess. Q��cfiman Sdzneider stated tiiis question isn't before the (7�uncil, but it seems a lo�y issue as far as safety and public welfare being met for this �e. He stated he has a a�noern if tfiere was sic�if icant enpansion haw this would affect trafffic patterns on Garc�er�a and Hi1lQest• Mr. Artders�n stated their imnediabe mnoern is to have a d�uble use of the -6- k�.�J�.��_ ,i�?�_�M .� �%� � �����-�� � building in order to s�tain the school. Ae statred he is not even sure if this property would be the best Flaoe for thea to expand. He stated that question hasn't really been addr�sed and isn t�the long-range v.ision. Mr.. Roith, 1314 Aillcrest Drive. stat�d the parking agreenet►t was r�gotiated with Dr. Ray and there was no ap�rwal b� the Board. He stated he dic'�n't believe Zbtino-Graae would grant a long-term parking arrang�nent. Ae stated Totino-Graoe has reaeived o�mplairits fran i-he �ighborhood because of the current�tr �fi�nAe �c.�ted b�ith�F'ire De�r�� n or this tl'Peaof � the c�nmasi � pRr. McLauc�l in, 1050 Gardena Avenue, a��actical standpoin�tn theresis a a�litional traffic. He stated fram p safety issue as he has witressed anc] rea�rcled quite a few accidents at the intersection of Gardena and Old Central. He felt t�te special use permit �nou�a not ���tea, without sic�alization of this iritersection. He also felt parking should be pcwided on the school's awn property ancl questioned if the Cbde allaws for parking off this site. Mr. Aerrick, City Attorney, stated there is an ordinanoe that permits parking, with a special use pemit, on adjaaerit pcoperties and believed some of these cases have previously been before the Q»dl. He felt there were cases where a developer of oommercial property has requested a buil�Ae permit and the �rop�sed parking is adjacent on resic7ential property. stated it may not be a perfect analogy to what is presented in this situation, but has a cgeat deal af similarity. Onwicilman Scfineider asked what would happen if there is approval of the special u�se permit and the parking agreenent with 7.btino-Graoe and cbwn the road, the pQrking agre�ec►erlt is terminated. Mr. Aerrick asked if the parking agreement is terminated, if there is adequate space cn Church on the Moae's site to aonstruct the n�nnber of parking spaoes required. Mr. Imberts�n stated there is adequate space to meet the parking requirenents. i�r. Aerrick stated if the� Council grants the special use permit, with parking on Totina-Graae's site sutrject to a rea�rc'�ble agreenent, that there be an additior�al gavidon that if the agree�ent ie terminated, in order for t2ie special use permit to a�ntinue, an equal. rnmber of spaves would have to be aonstructed on the subject property. I�. Ander9on stat�ed he believed this is already aovered in stip�ilation No. 6 reaoam�nc7ed by the planning Coamnission ��dlman Sdzneicler stated when t�e School District sold the school to Faith Acaclemy. there was an agreenent rec�rding a green area t�o reaain open for reaeatioz�l use. He asked if a parking lot was wnstructed, if it woald affect this recreatio�al. ar�- Mr. Qe would be c�e��raf ted f,orlparking s wouldn'�t knownif thtisa oula be � 7- IES K�i l�,�l�_ v����l L• ��i,�,;-?!.� � affected. 1FF I�fr. Anderson stated there was a paragraFli in the writract for deed between gaith Acac�any and the School District which prwided for ttiis fecreational ar cgeen area. �e stated there is a playgro�nd area, basketball oourt, and open area in the upper p�rtion of the p�operty. He statiecl theY i�ave"'agreed to Weep this recreational easement as a stipulation to the special use permit. He felt e�ansion of the Farking lot would take a portion out of a forcptten k�all field. Mr. Aerrick felt if this stipulation is to be implenemed, there sfiould be a specif ic description of the area s� it is easily identif iable. Mr. Bittman, 1120 Gardena Avenue, stated in discussions with Dr. l�ay, or�e of the questons asked was if Totino-Graoe would permit more than a 30 day Farking agreenent. He stated he was advised the Board would have to make this decision, Mr. Bittman stated they c3o not need more traff ic as his family has had two a�idents in the tren years they i�ve lived here. IKr. Mirear, 1291 Gardena Avenue, stated residents in the area supported Faith Ac�desny to use this building as a school, but felt to have activities on Suaidays takes away the only quiet time f ran the neighborhood and is a negative impact. Ae felt the issue of the parking also needs to be addressed, if �arking on Totirw-Graoe's property cannot be arranged. Ae pointed out there is very little froritage on this site which amplifies the problen and would plaoe traffic ric�t ac,�inst residential hanes. Mr. Mi.ryear s�tated there is also a ewamp on the pc�operty which takes up approximately or�e-fourth of the site. He stated it sQems inappropriate to extend the Farking lat irtto the school's athletic facilities, anc3 he felt the land oouldn't support these �vo �es. Mr. Ith�tson, 5880 Matterhorn, stated it �ns if a parking lot needs to be aonstructed, there a variety of questions which haven't been a�ressed. ee stated in addition to meeting the requirenent on the nunber of spaoes, there is the question of �ainage. He stated, technically, even though tliese issues are nat before the O��cil, Y� questior�ed onae Qiurch on the IMbve had a vested interest in the property, how they could be sure f uture requirenents would be me� He felt adequate planning had to be cbne rxyw and there are a lot of u�answered questions. Mr. Rnutson felt further information is r�eeded to see if requirene.nts of the Fire �de are met and if there are spedfic minimim parking requireaents. I�r. C�rleon, 601 Riae CYeek Terraoe, stated he is a manber a�' (�urch on the M�ve and spoke in favor af the spedal t�e pern►i� He statecl there has been �ome allecptions about plans being changed or misiriformation given and want to assure then, as part o� the dzurch's aclvisory baard, what they have been hciaring frmi �stor Anderson is vezy straic�tforwazd. � stated there is rio attempt to hold back any i�onaatio�n. l�c. Carlson stated he believes the diucch would be a cpod neic�bor and a lilessing to ti�e a�mnuiity. He stated he believed the use is we11 within the leyal.ity anc7 Penaits of the l�. Mr. iaewis, 6001 Gardere CYrc1e, skated the back of hfs property abuts the -S- k���lL.� �_ vi a; �+�i ��. �)" ! ���%=. ?!' � 1GG baseball field on the sci�ool's Ftoperty. ��ated he attended one of the neic�rhood iaeetic�s and is aoncerned about tbe possib3lity of a church with �0 maabers anc] possihly expanding to 1,200 me�►bers. Se stated the school property is about two feet hicj�er than h3s pcoperty and they do have eoaae problen with t�e cirainage. He felt if a parking lot was c�nstructed, it would adc7 to this pcoblem. He stated he is not against the church, but cAnaerred about the � of the land. Mr. Banernick, 1340 Hillcrest Drive, stated he is in favor of the special use permit. He stated he �t with menbers of the churd� anc] felt they would be g�od neic�ibors. He stated he was a land use planner for 12 years and felt what is being requested is prudent. Ae felt the traffic uses are separate and should, at s�ae poirit, be ack7ressed, but the land use at this ti� is reasonat�le. Mr. �lstran, 1338 Aillcr�st Drive, stated he was in favor of the special u�e permity Ae stated F`aith Aaadany had a dinner for 300 people and they did�'t have a p�ohlen with parking. m�ciiman Sc,iu�eider asked where these pers�ns parWed. Mr. O�lstram stated at Zbtirio-Graoe, in the school's parking lat, and others on the street. ��dlman Schryeider stated his qonaern is the parking. He stated he has reoeived a nunber of calls rec�rding the parking problen on Gardena and it is a difficvlt situation. Cbimcilman Barnette statec3 wi�n the sdlool was owned b� School District 14, there were cvents where more than 300 people attended and pereons parked on the stree� A lady in the audienoe stated that most af the people lived in the area and walked to the events at the sdiool at that time. I�tr. Aamernick stated there is a stipulation rea�menended to a�nsolic3ate this property into or�e parael and wonclered if it was wise beaause of s�me of the a�noerns of the r�idents regarding ingr�s or egress. Mr. Herrick stat�d it would not be his rewmmendation that a decision be made this e�vening on this request. Ae felt there are same questions raised whidi r�eed to be ansaereci and so�e aaditior�al fact f inding on part of the staff. He felt other ci�urches in the CY.ty should be dieck+ed to see if this request aliffers in any respect an8, in regarcl to the traffic, there should be specific traffic a��nts ao�nparing traffic when this was operated as a sdiool to wY�t is now being proposed p�r; I�auc,�lin �:atecl there �ould be standards of uge in the �mprehensive Plan regarding parking, building, and screening and would like these questions answered. ��nciiman Sdireider stat�ed he would agree witb Mr. �rrick's �tatener�ts and felt some additiorndl information is needed. fle stated some items which should be addressed are as follaws: (� letter fram fee owner inclicating -9- IgH K�. ��. � u!�M�lL • " � 4.���_=.?+� � they ooncur with this request for a special tse pern►it; (2) requirements of the ordi�nae rec�►rding parking on property other than that owned by the petitioner and raniffcations of the special use permit= (3? size of the swanp area and if it is required for drair�ages (4} aefine the cecreational azea regarding size, equignent proposed, mairitermnae, acoess requi-rements, anr3 slzared use; (5) in the event a� a dreular c�ive, the distanve f ran the hames on the east and we.st; (� if �ttional. d�veloPnent takes plaae ,on the property for driveways and parking, bow this affects the drairege; ('�) size cf the c��asiun and if requirenents of the Fire O�de and parking are met; (8) problens whicYi may or may not be created if the lot f ronting on Aillcrest Drive was sglit vFf and sold to develop as a single faenily Faroel; (9) sicped vog� of the parking agreenent with Ztotino-Graoe for reviEw by the City Attorney; (10) oomFaris�n with other churches rec�arding zoning, size of parking lots, size of the church itself, and n�m►ber of inembers in the oongregation; and (11) specific traffic oounts on Gardena and accident histoLy going back to when Gardera was an elenentary sciiool. Gb�cilman Barr�ette stated most aE the churches in Fric�ey have gone throuc� this same stage. He stated FricIley Methodist used Hayes School parking across the street; Fridley (bvenant parks along the street; Redeemer Lutheran uses the street and possibly some of the park property; Graoe �angelical used Maclsen park for many years for parking; St. Philip's uses sane of the mortuary Farking; and S� Willia�►'s uses some of the shopping cer�ter parking. Ae stated he �ich't believe ci�urd�es cr�te a major p�oblen and they were good neic�bors. Ae stated he lives near Woodcrest Baptist C�urc� and they have been nothing but good neic�b�rs. NDTION IX do�mcilman S�u�eider tA table this item to allaw staff time to suUnit a report for the rext meeting. Se�nded b� Q�t�cilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. & Mr. Robertson, Ooanm�ni'ty Developnent Datrector, a special u,se permit to allow a reFair gara whid Tawing, at 5755 Oniverdty Avenue N. E. stated prepared by staff and reo�ended to e Planning there were als� a nunber of other ations which with the awner, I�. Schuur. Be ted Mr. Schuur several af the stipulations, Ever, the Planning ap�oval a� this request a 3 to 2 vate. �d this is a request for � was Freviously Shorty' s a landscaping plan was Commission. Ae stated �e �anission rev iewed had reservations about Commission reaommended i+�yor Nee stated it an eutraordirery intensive use of a eaall parcel. He asked if the ' ti�er o� a�rrrer were gesent. Sinae nei r tbe petitio�r or a�ne= Were present this evening, the follaw ction was taken: b� Coimcilman Goodspeed to table thts it�n to tt►e r�ut meeting. -io- lII �� �Jy��- �i:������ ��� ��.La�w�:?�• •� : . p�op�sed establishing saae percentage on a possible future asses�nent for their c3evelop�nent. 1►�s. Fisfier state8 Bartc>trAsd�nan govided an analysis of what this peroentac� should be and came with a figure r than staff reo�nm�er�dea. She stated they woul d 1 ike tile oppor to r�view these peraentages with staff. Ab other per�ns in the auc�tenoe l�DTION b� Q�imdlne�n Fitz ck t dotaidlman Barnette. n a voioe the �tion csrri nsarously ancl spc� ec�ar�ing this fir�al pla� ' �a o close the public hearing. Sewnded by vote, all vot.ing aye, Mayor Nee de cl ar ed the puhlic hearing closed at 6:25 p.m [ ��,s_'}�� ; �1 •.� • 7� � ' w ,� _,._. �i. ,. .:. �' i ..�� as �L� �L :�ii�! � �� �;_;_- �- �-�! s_ � :� � �'� !?��1 L �4�! �;t l�,,� i �l� ��� M����_ m�cilman Schneider stated at the last a�eting, staff Frwided the O�uncil with information which had been requested in re�rd to this request for a special ise permit. Ae felt �e t�►ro key issues were the lease agreenent with Zbtitio-Graae for the parking and the recreational ease�nent. He statec3 he u�►derstands Totino-Graoe's School Boarcl has not taken a formal action, but the Executive Board has iru7icated a favorable passage of the parking ac,�eenem with tl�urcii on the Move. He A:a'tea in rec�rd to the recreational easement, he cjuestioned the aluration of this easement. Ae stated as he interp�ets it, if Qzurch on the Nbve was to sell sort►e o� thei r pcoperty, the easement tern►inates. Ae felt as long as (hurch on the I�ve is using this paroel, the ea�nent should be er�foro�ed. Mr. Aerrick, C�ty Attorr�ey, statec] Ch�ch on the M�ve's lec�al aounsel and his office have reviewed the preliminary draft for this proposed recreational eaeesnent. Ae felt there was agreeznent that if the Council prooeeds to grarit the spedal use pennit, a mutually satisfactory agreement can be reached in terms of the easement. Ae felt the Qouncil was not ao�nitted to exact languac�e in the c�aft before then and chan�s aould be made. �imcilman Sduyeider stated during the hearing on this special use permit request, a nimber af issues were raised regarding potential future use of this property. He felt there are many questions and problems to be resolved, if �urch on �e Idbve wanted to e�anc] their �e o� this Froperty. i� felt they grol�ably cvulc�'t meet the v�de for acaess onto Gardena and wonlc7 look unfavorahly on acaess frrn► Qala�oal I�ar�or a� Hillerest Drive. He stated there is also the issue af the drainage. He �ated his ooncern is, ica several years, Qz�sch on the l�ove have sut�tantial investment in this ptoperty and clich't want tbea to o�me back witt� this as the basis of the argument to allaa expansion. He stated in fairness he wanted to let the petitioner laiow his feeling� and' oonoerns in regard to any future plans to expand. Q��a►dlman Barrette questior�d the cvrrezt skatus in regard to a�vnership of -6- ��.U�.y� �+�±�M�._ �;- L��.�:.,�i. �+; IJJ �138 �XO�'t�. Rev. Anal�erson stated tbey are wait3r�g fo� �npletion of tbe bond. sales and closing will be in four to six weeks. He stated they have signed an inEermediate a�ntract to tie �ea aver before the bor� are wld ��> . Aerrick felt there was r�t a p�oblen in prooeeding with action on the �F; ��spedal t�se permit, if it is mntingent up�n C�urch on the I�ve ac�quiring ' °�Frfee title. Ms. Gail Mirear, 1291 Garc7ena Avenue, questioned the alternative plan for parking, if Rbtirzo-Graae is using their lot. Rev. Anderson stated this was cliscussed and it seems there would be a a�nfl ict only one time of tfie year when �otirio-Graae has a maj or event. He stated if �ere are aonflicts, they would use their C�mden facility for parking and bus the parishior�ers to ci�urch eetvioes. He stated Zbtin�Graoe is to give then seven days notiae if they have activities glanned and Ch�ch on the A�bve cannot �e thei r parking so other arranganents can be made. Mr. Roith, 1314 Hillcrest Drive, stated bQth t3�e lots on Oakwood Manor and Hillcrest Drive are builc�ble lots and a�ul�'t eee oomt�ining then into one tax paroel. Mr. Aerrick stated it was his taiderstanding that �e lot on Hillcrest Drive was not to be included as part of the main paroel. Mr. Raith stated he �derstands the lot on Oal6aood Manor aould be �iilt on as it was platted before the preserit aode went into effect. Mr, lmberts�n stated this was a lec,�l lot when it was platted and the only question is if it is a lec�al. norraorrEorming lot at �is ti�. Mr. Aerrick statec3 if it was wnforming at the time o� the glat, it would be a�nsiclerecl a buildaale lot. R�v. Anders�n statecl in original di.scussions, there were thoughts about selling these two lots in oraler to make sure there would not be any driv�ays orito Hillcrest Drive or 0ala��ood l�arwr. IKr. Herrick statecl the lot on Oalaaooal l�or would be used for access into the recreational area. Se stated the q�stion of easement access for v�icles is a separate issue fram wt�ther the lot should be includerl in one tag parael. � stated it aould be inclu�a as one tax parael and still allaw vehicle acaess or exclude it and allow v�icle access. He stated if ihe lots on eillcres� Drive and Oalgv000l l�r are r�t incl�ed with the main parael, they aould be s�ld and developed as resider►tial parcels. 8e stated 3f they are incl u�aled, a lot spl it w�l.d be rieae ssary bef ore they coul d be solal. I�e�v. l�derson etatrea at the suggestion of the Gb�dl, he had the attorneys for the b�ncl compariy re-write all the o�ntracts to se�rately list the 7- � ��,�JL�! w�?�?�y1�_ �;' �.�,��ri:_:�� 1� Hillcrest lot s� they could sat3sfy the request to keep it as a�parate parael. 1�lr. t�auc��lin, 1050 Garder� Av�ue, asked if any action had been�-taken on his.request for a traffic eig�l. at Garc3era and �ld Central. ��mdlman Schr�eider skated staff submitted a traffic study which� showed that traffic on Gardena P�renue is aoanparable or less than on other streets of a similar natu�re. He stated the Fblice reports indicate only two accidents sinae 1981. Mr. 1N�auc�lin stat:ed the City should revi� thoee reo�rds as he personally s�w irore than two accide�s. Mayor Nee stated the accidents referred to in the report were adjaoer�t to Totiria-Graoe. Mr. Mc3�auc�1 in stated there are oertain hours when there is a high a�ncentration of traff ic and this situation is not a�vered tr� traffic a��ts. Mr. I�cLaughlin asked if this site meets the Comprehensive Plan. Mr. I�berteon statec7 the p�licy �:atenents of the �mprehensive Plan incluc� the whole idea af reic�rhood serviaes in resider�tial areas and the Zoning Code allaas churches in resider�tial areas with a special �e permit. 1�. McLaugi�l in stated his aonoern is there has been no specif ic rev iew of this Froposal relative to the Q�xn�ehensive plan. Ae. stated he obj ected to granting a special use permit on ttie basis of a parking agreenent with Zbtir�o-Graoe. Ae stated the c7ifferenoe in what is required and what is available requires a varianoe and questioned if Qiurch on the I�ve applied for a varianoe. m�a►cilman Schneider stated 180 stalls is required and Totino-Grace has 260 stalls available. Ae stated the whole key is that Church on the Move obtains the lease agreene.nt for parking with Zbtino-Graae. Ms. Olgd P�lmer, 1329 'Gardena Avenue, asked if signalization cannot be pra�vided, if a three-way 5top a�uld be installed on the east side � Gardena and on the north•and south sides of �d Central. Mr. Flora, Public works Director, stated the O��ty aoritrols Old Central w the (Yty c�ulc�'t install sicpage on this stree� Be stated the traffic on Old Central between Rioe Creek Road and Highway 65 is presently being rev iewed and it i s prop�sed to 1 imit aoaess a�ntinuing south on Ol d Centr al and prwide better n�avemerit � traffic along Riae (areek Roacl. Gb�dlman Scfineider stated the only rat3onale for denying a special use pern►it has to be in the areas of health, publ ic saf ety or wel fare. ee f el t if the spedal use permit is granted, it should be r�iewed in dx months s� any psobleas mulc7 be addr�sed at tl�e e�nd of this periat I�D'1'IDN by 4�tmdlnan Sr,�uyeider to grant special t�e permit, SP i86-16, with �e follawing stipulations: 1. -- All eaastir� harcisurfaae areas to be iwproved witt� sealaoating, curb -8- � ��i1Jl.�� Y���_M��.. � - �!,�?+xiC �i' 1LL and gutter and strip�ng; imp�ovenent �te to be reviewed and set in ore Y�- 2. . An ap�raved cimipster er�].osure or looation to be install�l by Deoember 30, 1986. 3. R�►aie or rep�air cleteriorating playgro�cl equipnent by Deaember 30, 1986. � 4. �►hire inc3ivi�al lo�s into one tax parcel with the exception of the lot fronting on 8illc�est Drive. 5. Prwide for, and reoord at Anoka onunty, a parking use easement with Tbtiro-Graae eic�, for use of Zbtirn's parking lat (off Gardena Avenue) on Sundays for a minim�nn of one year, prior to o�nunencing chur ch activities. l�rther, the spedal u�se permft will r�at be granted until staff and the City Attorr�ey review �is cbcaanent. 6. S�ecial �se permit #�-16, for church uses, is to be ooterminous in c�ration with parking use agreenent. 7. Special use permit �66-16 is issued for the use of the existing c�nnasiun for church serviaes on Statdays for �urch on the E�bve only. 8. S�ecial use penait #8b-16 does r�t aover any new construction for ariy t�uilding or Faving expansion. .� °� A$5,000 boncl to wver Items 1-� to be issued to the City before a�manendng church activities or final written approval for a special t�e permit by City. 10. S�ecial u�e permit #86-16 to be reviewed prior to expiration of parking agreement and in six months. , �il. Progra�d activities will n�t e�aoeed parking suppl ied on site ana at Rbtirio-�Graoe Hic�, when available. �12. A recreat3on easement, along with appropriate access easements as c7etermined by .City Co�mcil, in favor of the City of Fridley, to be reo�rded at Anoka Cb�ty prior to mnenendrx� churdz �ctivities or final written ap�oval for special �se permit by the City. 13. Pravide a qynn�asi�nn/church �ating d3agram for Fire Department appraaal, pcior to a�nendng chu�ci► aetiviti�. 14, Ap�rvval o� spedal �e peaait #�-16 is a�ntingent upcn fee title by F�aith Assclany or Qi�ch on the l�e. 15. Prwide drair�age ea�esnents, as c7etermir�ed by Rablic Works Departa!ent, p�ior to c�o�ndng c�urch activitfes or final written appr�al for special �se pezmit by City. -� 4. «�::�.�1! ,���?�41�. �,' ,_�,�atii: �+• T� 16. m�dl appcoval is requirec7 for any paving eupandon on the pr�ises. Sea�nded by Q�uncilaen Fitzpatrick. Op�n a voice vote, all wting aye, i�yor Nee declared tbe motion carried unar�imously. m�dlman Sriu�eider thanked staff for tbeir work in supplying arll the backgro�d information. Be also thanked the residents of the neicj�b�rhood for tfieir aa►anents. ee stated t�urd� on the Move tried to respond to the reeds of tl�e �eic�rhoo�d and hoped evetyone c�ul d wor k together. •�,�,y�� �±�._� • • : /;.s .;�.« •�?� ��_�� L; ' .� • � �� _ ��� � 4: ! . ' :� �M� f:�i►7 • i ;. � ��t; � � -> .!;_��_ �_�:�� l�r. Roberts�n, �nnuiity Developnent Director, stated staff wnducted a study on the ratio of isrking versus square f ge at clinics in Fridley. He stated the FricIley Plaza Qiruc and �ic� Medical Qinic both have a ratio af one parking stall per 175 square f t o� floor area. Ae stated Dr. D�ahl. is goposing to mnstruct a clinic w 6,400 square feet in addition to the existng clinic which wntains 1 00 square feet. Ae stated this would be a parking of ratio a� one st for every 205 s�uare feet of floor area. Ae stated if the r�ew clinic w reciioed from 8,000 to 7,500 square feet, fair additional Farking spaae muld be added to increase the parking ratio of ane stall for eve�cy 150 uare fee� Mr. iaobertson stated in rev m�st require ore Farking st however, tdeyv Brighton requi �ng the requirenents of neighboring cities, for every 150 square feet of floor area, ore spaae for every 200 square fee� Dr. Diahl, the petitio r, felt there was a major difference between a medi cal cl inic and ch opractic cl inic. Ae stated he a�ntacted the Fr i dl ey Medical Qinic and w told they have ap�zoximat�ely 20 medical cbctors with one nurse per cbct , six assistants and 20 or more clerical personnel. He stated they i�a�e o� more staff personnel at ariy or� time using their parlcirx3. Ae fe t if this was taken into consideration, it changes the numbers rather drastically. He statecl the real issue e�mes cbwn if the ratio should 1 to 175 or 1 to 205. HE st:ated he preseritly has a staff of si$ people d if this cbubles, it would be anaz ing. Ae �ated if you take into a� ration the staff, the 25 or 30 feet equare foot difference �ppears o be very minimal. Dr. Dahl stated, in regard to staff' s r tion to reduoe �e tuilchng by 500 feet, he clic�'t know t�ow this woul affect the interior lay�t as he ha�'t had time to review it. ndlman Barnette asked what the guarantee would be this would remafn a rop�actic clinic. -1Q- 1!� lAN �����;.y! ;��x���� �f° ►;JNa;�i:__�; : • '..T.�, �rk QonstruLtion 7900 � Stseet F�icIley, 1�N SS432 Lake R�inte Wat�r & Sani Estiimate � �rporat�e �et� e ta Project Na 162 . . . . . . . . . . . . . . . . . S 47,170.98� mu�dlman Sc�u�eialer. tip�n a voiae vote, all vatir�g aye, Mayor i the motion csrried unanimously. ia � �;�,l. 1 ��1.�, i._� �: • :i �( � � � � f`'�_ ��" r � �_ `i • v� �.ii� N S. Ii11! i �l' � �i�? v ���'/— �uzdlman S�neider stated at the la� m�dl meetin9. he mwed to appcwe gpeciai Ose Fermit, SP #86-16, for t�urch on the l�ove to allvw then to c�nciuct ci�urci� serviaes in their c�asiun. He stated his purpose in voting for tfie special u� permit was because he �mderstood that Zbtino-Graoe's Sc�ool Board was going to f irtial ize action for Churc� on the Move to use parking at Zbtiro-Graae's parking lot. Be �ated the Board has denied the �e o� their parking to Church on the Move and that was one of tlie key �ipulatons in granting the special use permit. He stated to clear the rea�rd, he would mwe the follcwing: • M�TD�N tr� (b�cilman S�refder to re-oonsider• Special Ose I�nnit, S� #86-16, anc7 deny this permit baeed on the fact that parking at Rbticx�-Graae's lat is �t �aila�ie. Sea�r�ea tr�i m�ciinen Fitzpatrick. Up�n a voioe vote, all votir� aye, l�yor Nee declared the mation aarried unanimously. 4�uncilman Barnette ask+ed if �urci� on the Mave coanes back with other plans, if another public h�ring would be necessary. Mr. Flora stated ariy requirenents for parldng would require a special use p�rmit and another public hmring. I�r. Hezrick, (Yty Attorrey, stated he was satisfied that the only way the spedal use permit would be apprvcied was if Q��ach on the Mwe obtainea the permit for parking f ram 4btina-Graae and when they ciiciz't reoeive it, there was no showing there would 6e adequate parking ancl a�igiificant reason for c3enying the special u�e permi� �� �� • • � I_`• � � _ 4�.. • �:� �.� •, �. ��Ji�� _ .�� _��.�! ; �►�.' 1�_L N.',_ � _:a.�.� �� � �. _ • z� ! . �. ,f�.I1Si 1 � �__._. l.�.z Vi._f ,•1[. .fr_�,1- • L1.,1 (buncilman Gooc�peed questioned if ti�ere was an al#��nate plan to resolve some of tfie drair�age p�oblens in Meacbwlancl���. l�r. Flora stated one o� t�e resicle �„ ' nvolved in the Parks and Recreation �xnnission Task Fbrae ha�d rev��3 f ic�ues w i t b a represe n t a t ive o f T I� A, and came up with a f i�sre c�- ��ut $140,000 for im�awenents. He stated the resident dic3n't lmow ��was included in that f igure and no or� at Tt�A reaalls this disa�ion �lr. Flora - during the meeting with residents on Nwenber 10, ti�ere was a te a� a nunber � issues ar� the the result was the City should -13- � PLANNING D IVISION � MEMOR,ANDUM� c�-nroF -. fRlDLEY TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator DATE:- _ January 4, 1989 REGARDING: 1989 Community Development B1ock Grant Allocation Attached for your review is the 1989 proposal for Community Development Block Grant funds. The 1989 application is similar to the 1988 application. The Riverview Heights acquisition p�oject is nearing completion. After the 1989 allocation, eight of the nine parcels will have been acquired. The Human Resources Commission will be initiating its review of its programming in February. The City has received a request from Rise, Inc. (see attached) which will be considered by the Human Resources Commission. The Commercial Rehab program has also been proposed in 1989. Although its monies in 1988 were not used and reallocated to the Riverview Heights projectF staff has received inquiries regarding the availability of this type of program., The Planning Commission should review the proposed allocation and offer any comments to be forwarded to the City Council or Human Resources Commission. BD/dn M-89-12 ?A � � crnroF F�� COMMUNI'i'Y DEV�ELQPMENT TO: FROM: DATE: REGARDING: Deadline DEPARTMENT MEMORANDLIM William W. Burns, City Manaqer Jock Robertso Community Development Director Lisa Campbe� , 1lanning Associate January 3, 1989 1989 Community Development Block Grant Allocation Anoka County has established February 28, 1989, as the application deadline for the 1989 Community Development Block Grant (CDBG) funds. This deadline is important for the following reasons: � 1. 2. A public hearing is required before the application may be submitted, and There are percentage limits on the level of funds that may be disbu�sed to individual activities under the grant. Percentaae Limits Anoka County has determined the following percentage limits on the 1989 allocation: 7� for planning, 14� for public service, and 40� for slum/blight. Accordinq to the County, approval of r,ec,�uests in excess of these limits will depend on the aggregate percentages from all community applications received. The County will tally those numbers of February 28, 1989. Fundina Reauest The projected 1989 allocation to the City is $97,704. A funding request consistent with the percentage limits would fall well below the needs of the activities currently funded by the City. These are the Riverview Heights project (slum/blight� ; Human Services (public service); and Commercial Rehab��(planning). ' 2B CDBG Allocation January 3, 1989 Page 2 In the past the City has requested funds in excess of these limits. These requests have been approved. Staff has developed a proposed request of $61,554 (63�) for Riverview Heights, $31,150 (31�) for Hu�nan Services, and $6, 000 (6�S) for Commercial Rehab (see table below). This request is consistent with the 1988 request of $66,959, $31,397, and $6,302 for the same program areas. The City has already received a funding request from Rise Incorporated which is eligible for funding under Human Services (see attached correspondence). This distribution of the 1989 allocation would allow the City to continue to acquire properties in the Riverview Heights floodplain and provide continuity in the level of funding to the Human Service activities. Staff recommends approval of the proposed request. If approved, a public hearing for February 13, 1989, should be established by the City Council. PROPOSED DISTRIBUTION OF 1989 COMMUNITY DEVELOPMENT BLOCR GRANT ALLOCATION % Proposed Project Limits Distribution Comments (Anoka County) (Fridley) Riverview $39,081.16 $61,554 Purchase & reloca Heights (40�) tion of Parcel 5 property in the Riverview Heights , floodplain (see map) ,. Human $13,678.56 $31,150 (31� of $97,704) Services (15�) Commercial $ 6,839.28 $ 6,000 Redevelopment for Rehab/ (7�) obsolete commer- Blighted cial buildings property and/or acquisition Acquisition -- of blighted Redevelop- property for ment ' redevelopment.� JR/LC:15 M-88-394 — u- — ;o-�; �. da� � � �l � � � y ; `�' •— � • • � �:- . �,� � -� '. ' �' 2 � 1', _ �i " �',. � �o� o) Q § +{'�11 qr-� 114 4 q _ j; � '"''�� G - �+ j •� �� '' '' ` 2C , Z� ,. �,. �, .�,� � , � . .:� ... - . �, �,'., ��1�,, � ET - - ••� � L�iNGFELLOW � . •' , z J a ;� - 7 � , ,, `g � � � g --- . . 3 . � ' � ; �,� ep r � y. i r � ,` 9 � s 3 �e •. . ; _a .r i r —, � / � 1 � J '�3 �� �s � �, . ., 1 � � ,e •. S g�,�ti �. c„ . il ` . � �o � � � b � M s [ "� i i c f . ic � �` :•:� ?i <5 .� � .�, I�� p ('i 91 ,'�• � � � � 0 .�� .• •• ..-•• ••'�� p: ' � � , . ,. ., o .. ` � +'F �• . p+ ` : , ,�'� . � �u• 1� �_ ,e �. - � � �S 3 � m o 3 1 G 3�fi� � ~ �C $ 1 4 4 � �/ /7 (7 ( fi � � �� e l ��� • g.S ? C 7 �. ii '� i� d Z i.: � f E S�t ii I\. �� .+' O •4 � �i � •J.l /i `� � '� � ` .A � ;. y / •I . �� ,�t �t� 5 p ° o r� y � — - , •.\ �� �! 6 e �e � p 7 %� � ' ?� �^�'� ' �rr \ � �". •:;T: j•'� !o! �'' ../� ^lI ,ry v .ws `.l ��f V � { � \\ ��bbti r: ��IC• �', . "� �896 ' n .,' : 4 d�9 C fr of F..✓/iy ' z �\� ` � ' •�.�' .+ y �j � 't� ' � a y1 ''3 �16� . �f�ii.*I Os,/t. ) � � 1 � ,tra, �I�R r�, j � ' � � •«' � � • '� /�' r `* ¢ .:� � �:� � (� �` � ��aq � Cu� ?� ��.> . \�\ � ..���� �A 892t ��� ^ o- ` \ � ����� :.� � . ? , , ` 1g �` <�°>,r _ '�i'�s� '+�'� � J , � L �� � � _ • .. . � . ;o � � � �" ,,, _ � ����S17 �\\ �� V �P`? �' c�►� ' -= Q \ �? ` • f�'3 � � ' � � �:,i �) � � p••1 •�5r . � `e��� . � 7880 ,� �,r, -� � . � �� � �_ � $ 1- � P���� �� G � :�.. � � .. .R �, , ,�� 1 .\ � � i '' . ^ � j�s . _ �� � � - �B 4 � ,,;. ' .-�`�'� . �.� , � � - � }9r��• r 351. �,,, r� (N) - °' ' • . . Parcel 5 989 Proposed^Ac :� , ; � �� �8G8 • �6�A '�r �i� �,;r g�l�`�, � ., � � � � �P�� � �� .-�e� _ ��'',. Parcel 6 1988 Proposed Acquis� � � � � �� �b�%' �'''` .��) u •��� a� . _\ � � p � ;� •�..: ��f � �`��V � `i` O� � \` • � , ,.,,_ � T � �c - . . ' 1 p, , Parcel 8 1987 Acquisition in P'rocess � . ; _ : � � � � � �; . ('�� � � � ���,� . t;,� :., 78L0 � ° �+ - 0�.�'� -` .. �'' � � �=' �` ''� ' '4 � �' ' �u�l6y' � r~� � �� � + ~ 'F %�y � c � a �C a KEY r� ' r° � ' � `� � -� �. ' �� �� -•�,�'° -' --�e �^'► � g � ,0�, ��� � Previously Acquired Property ��^y � E' ��` (�w) y \ ` , \ i V .� so iu � .., 7e3G Proposed Acquisitions / � � � � � ... J ` �� ,,. 7� , �iiil' � 4 ,_ 4 � City Par �roperty . � g � `� ��) •3 � � \ , i� � 'n ��. \ \ � � ° �^, � �,�,: SC818: 1 "=200' ` � \- `r� � �� _.\ ` , � � \ � � ���, �a , `. �� �� � � �� -� � . , .1 - . . , _ , 34 , - ai R15E �� �� - December 1, Rise,lncorporated 8406 Sunset Road N.E. Spring Lake Park, Minnesota 55432 612-786•8334 Metro Square 121 East 7th Street, Suite 266 St. Paul, Minnesota 55101 612-296-5350 1988 Ms. Lisa Campbell Planning Associate City of Fridley 6431 University Avenue Northeast Fridley, NIId 55432 Dear Ms. Campbell, 2423 Central Ave. N.E. Minneapolis, Minnesota 55418 612-781-3114 I am writing on behalf of RISE, Incorporated in Spring Lake Park to present initial information on the $1.8 million capital program RISE, Incorporated has recently launched to meet growinq community demand for services. I have been involved with RISE at the board level for more than five years and am currently serving as chairperson of the Governmental Committee for the.capital campaign. Others workinq with me on this committee are the Honorable Don Masterson, Mayor of Spring Lake Park, the Honorable Marilyn Schultz, Mayor of Ham Lake and the Honorable Bob LeWis, Mayor of Coon Rapids. We would appreciate the opportunity for RISE Board member, Don Masterson, or me to present the investment opportunities for A Partnership That Works to your City Commissioners at an approrpriate time. I hope the following information will provide the initial ba�kground information you need to consider the possibilities of a request to your city for fundinq. We will be glad to complete any forms you may require in your review process. � RISE, Incorporated was started in 1971 by a qroup of concerned citizens in Anoka County to meet the vocational needs of Anoka County residents whose long-term mental and physical disabilities present barriers to securing competitive work. In 1987, RISE served 1,273 individuals through traininq, employment and counselir►g services. RISE is currently servinq 103 residents of the City of Fridley. RISE is experiencing an increasinq demand to provide services, and projects that in 1988 the total number of people served will increase to 1,492 and by 1993 expects to be servinq 1,850 individuals. Currently, RISE has over 130 individuals on a waitinq list for whom there is not space available. To meet this need and the projecte�l��growinq demand in the years ahead, RISE must expand its capabilcities at `i� Lisa Campbell December 1, 1988 page two � locations in Sprinq Lake Park and North Minneapolis and RISE must develop additional host businesses in the North Metro Area. RISE's professional staff is capable of ineetinq the demands for expansion if additional physical space can be secured. The proqrams developed by RISE have qained national recognition and management has been called upon to consult with similar agencies internationally. The growing population of local citizens requirinq RISE services coupled with its successful arid effective programming, has led th� Board of Directors of RISE to launch a$1.8 million capital campaign. Funds will underwrite the cost of additional space to serve people with disabilities in Anoka, North Hennepin and Northern Ramsey counties. The board and other community volunteers are actively seekinq support from local individuals and businesses, foundations and community organizations. I hope to work with you in exploring the possibilities of the City of Fr�dley supporting this local program. � After initially reviewing the guidelines for Community Development Block Grant (CDBG) �funding, I believe that RISE meets the requirements for funding under the Economic Development section. I welcome, however, any suggestions you may have about other areas a request for 'funding would fit in your city's budget. For your records, I have sent a similar letter and information to Mr. Brad Turner and Mr. Jock Robertson of your city. Enclosed is a copy of the Preliminary Project Request Form which outlines in more detail the background and scope of the project. Additional supporting information is available upon request. Please feel free to call me at 757-6909 or John Barrett, RISE Executive Director at 786-8334 if you have questions or would like additional information. Sincerely, ��t ���� � araret Lan feld g g Anoka County Commissioner Vice President of the Board RISE, Incorporated Chair, Governmental Committee A Partnership That Works Capital Proqram. � � cmroF ��r C01V1MLiNITY DEVELOPMENT TO: FROM: DATE: REGARDING: DEPARTN[ENT' M EMO RAN D LIM � Planning Commission Members Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator January 5, 1989 Brickner Proposal, Old Central Avenue Tom and Rick Brickner have contacted us regarding their proposal to build 44 market r•ate apartment units at the southwest corner of Mississippi Street and Old Central Avenue immediately south -of Sandee�s restaurant. TMe proposal would require a rezoning from C-1, Local Business and C-2, General Business to R-3, General Multiple Dwelling. The Brickners also intend to request assistance from the HRA for soil corrections. The subject property totals 2.2 acres. The Brickners intend to construct the building and to own and operate it. Underground parking is proposed at a rat'io of one space for every unit. Surface parking will also be constructed to meet ordinance requirements. Two bedroom units are proposed. The Brickners anticipate the market for these units to be "empty nesters", middle age couples whose ch�ildren now maintain their own household. Rental rates approximate $700.00 a month. The Brickners estimate the value of the project to range from $1.8 to $2 million. The Assessor's Office estimates tax revenues to be approximately $68,250. The subject parcel is indicative of the mixture of zoning districts in the imm�ediate area. Recent zoning appl�ications such as the Mochinski townhouse proposal have. also heightened the need to analyze the zoning and land use patterns along Old Central Avenue €rom Rice Creek Road north to 69th Avenue. Staff will initiate a special land use study of this area in order to propo�e alternatives for potential:development patterns;along Central Avenue. The study will be submitted to the Planning Commission, City Council and the Housing & Redevelopment Authority for review. Public�information meetings should also be conducted. It is anticipated that the study process, including review by all Boards,__can be completed by April. . _ � 3 Brickner Proposal January 5, 1989 Page 2 The Brickner proposal, however, can be evaluated on its own merits despite the outcome of the land use study. The proposed use is compatible with the commercial zoning and uses to the north and south, as well as the duplex zoning and uses to the west. RECONIlKENDATION A similar memorandum has been forwarded to the HRA and City Council. The Planning Commission should comment on the proposed approach to this process. BD/dn M-89-11 � � 3A ir I '. 1 : . . _ , . _ �'. . `� � . 1... " ,...�:..�•�•-•.r ��� . ..S i' 'o � r`"? • f � • • • • • • v � 1 � � . � � � "- - ' , � � `�J •i:.�'�{�,� � • • • • • • t I , �/ ��� i � , �•i � + A .� t" I � �.�'•�. �., • • • • • ..�,J � �.. ....�. .� � �r �h - � � � E^' .�:�y. � . • • • . • . �, t�'•;1 ��+ 1�: •.L1. . N • • • • /�.� � i 'r' • • • • ♦o] • ;I,.�p� �` �� - ---r 't' �++� �y '�rae1' f •� (� • • • • •••`,•� • • ; ���1�� � i 1 i i � • � �. �uY � • �•y • � • • �N • '�% ��q � t I�/� e c- E � �t�"' - . ` � ;, ` 6 � -�-- ;A �*� • Z • �-,, �r{'. C � ,� �' � � ; j • • • • • � • • • � ` 1� . �. � � M.AVE. . "'�5 i► �'` .tl• � a •�����������• • a � ' , r++ � • • • • I%�i' • W • _ � � 4 1 � �"' ` ' -„ �' - � � • F- i u � � m I � ��:r� �W � �• .�. • Q ' 7 \ �e+� ,� �, S Q 0� ti� � . �7 � �� �� � ; `1�/ ,I f •�� f' • ` ` � y . t' f � � / .'6��. ,_ �:.f RIC ,�"R EK i �• N �• �• �239 • � i � �I , �4RK� � ' .� O � $ � r�� �fi� o °�,. � �,���� � � � �� g ��ti°'.�. . . 1 ' .o.� � " � � .'J � 1 � 2� ,p�f, . �. � �,► `� i i ?t , . •'�/ �•• O v• • � � F • '� .•' , �r f � . `'y � �' �; ; • i I •c .� t • • • • • L _ � ` ~ N`` • ' � '''' � �, c � _ , �'� , r• ,- ? �� � • • • w o° �! �" `� � T �' � �� ���.s�. � as' 'j •. ' - . �1/ .�...�. , � '� w�'��.lC = `��• � �. � �� �� , �i �. ' • _ • , *e I � �� ' � i � ^ ,. • � i%� �j�l�� a n/ ,� 1. ,• � " ' 1� � s . � ��� . . . ' , - � a� '� I � � �� :� l' • � � _ ; ,. �� �,� �� , ����L�� �' � . : • • �;r � �'uu . �; -, ' � , ��= I,II ' ► �� r _ i ��� , � � • � � �� r ������������ �� � ' • � ►���:���, �1�J�:�.��s� i���1 1�� , . , � .... 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L , !; ; ., ,..� . � v . ,, _ r . ........-�, � 0 � ' .;,�,�, �- � � .....�.� DA� ; � :::::::. : � � ��;1��1 ........... r �'E'J i;1 : �� �:::��::W: � � ��00�=� - e • L ��:.uaa� - ; • • � ��� ��w�������j ' �' r_ii� a � �� �� !�'P�it� � � � � �' P>������1 >♦��♦ �';� ���������� i o�< ��i�i' �•j� �� ��0 ♦�����♦ ♦ ♦'i♦�1 �V �� ' a� i�:�;�1.'iU) ►�������♦ .r�i♦♦�♦ ��� � ��� ♦���������I:a' �"►•����1 / I ' �'!; ♦��������1 •.�•� �'� � , � ����������♦ � ���a�����'�'��� .�`,•�' �q � ►��������♦ �♦••♦♦♦ ��. �'; ♦ � � � � � � � � ' • :......... , ,���.•:�.�.:.-.� � _ =�- � -�� .� ada ►.� ���.�.�����.�i , �. ♦ ♦ ♦ �� - ^ � 'i-.'' :ra: i• , i ♦ ♦ � • p_ Opl�f:� �:�d • • . - - •'� ��'�i�i� r.��• • �:a� � �. � � ,+�.�:��• �� i���s�'�-�;��,•►•! ♦�♦ �� �=t����� ♦�����♦ e�R♦�♦ y 1•. • . i�����s•►�.♦�►���♦ A�� � �- �=���1 � @�$�- •����_�,��-••••�• ��-��� . � � Q�� a�� ,� . 0 Q�. i���• .r� ,����• ♦���+.".�'�<.�<♦♦�♦ ���� �, � 'T ��t ����t•��♦♦� ►►��♦ �� � ;',�.�� ,, ♦��� b♦♦♦�1�♦♦�♦ � �_�_��►.•►�,��►♦♦��►��♦ �= 0 �"���0♦1����►♦♦�♦ av�,� � � �. �♦�V�1►1 ♦♦♦♦ S��♦ �.���'����'�.����� ��4�� �����} . � � ~�� ��►����� �� ��������� � i i r , �_.�..�..... e � p� � PLANNING DIVISION # � � MEMOR,ANDUM� crnroF FRIDLEY TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator DATE: January 6, 1989 REGARDING: Special Meeting Regarding Light Rail Transit (LRT) At the December 21, 1988 meeting, the Planning Commission established January 18, 1989 as a special meeting to discuss light rail transit. Upon contacting Tim Yantos from Anoka County to arrange for his attendance, as well as Dick Wolsfeld from BRW, it was brought to my attention that the proposed meeting date conflicted with an LRT Advisory Committee meeting. Yantos and Wolsfeld could be present for a February 1, 1989 special meeting. Mr. Yantos reported that the Cou�ty is beginning work on the preliminary engineering phase which includes more detailed study of the LRT routes and proposed station locations. He stated that the Planning Commission's input at this time would be most appropriate, given that the County wants to gain local input about these issues. • Therefore, the focus of the meeting should center on the land use and service impacts along the LRT routes and proposed station locations as well as how they would affect future zoning decisions. In order to address the other questions raised by the Commission at the last meeting, staff has requested Yantos to prepare written information to be included in the packet for the February 1, 1989 special meeting. The Planning Commission should advise staff whether February 1, 1989 is acceptable and make any comments regarding the proposed format of the meeting. We suggest that the meeting begin at 7:00 p.m. Consistent with the Commission's direction, the meeting will be held in the room across from the Library at the Community Education Center. BD/dn M-89-16 CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING, DECEMBER 8, 1988 ---------------------------------------•___--------------•------- CALL TO ORDER• . Vice-Chairperson Schnabel called the December 8, 1988, Housing & Redevelopment Authority meeting to order at 7:12 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Larry Commers, Virginia Schnabel, Duane Prairie, John Meyer, Walter Rasmussen Jock Robertson, Executive Director to HRA William Burns, City Manager & Director of HRA Dave Newman, HRA Attorney Rick Pribyl, City Finance Director Barbara Dacy, Planning Coordinator Bill Fogerty, Winfield Development Wilbur porn, Dorn Law Firm - rep. Crosstown Bank Liv Horneland, Coldwell Banker Peter Bloch, Coldwell Banker Shinjae Suh, 12 Island Road, St. Paul Bob Levy, 100 S. 5th St., Suite 1100, Mpls. Ed Chanin, Maslon, Edelman, Borman, & Brand Law Firm Cheryl Stinski, 1612 Berne Road Rollie Stinski, 1612 Berne Road Pat Fisher �iPPROVAL OF NOVEMBER 10. 1988 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the November 10, 1988, Housing & Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1, CONSIDERATION OF REDEVELOPMENT PROPOSAL FOR SOUTHWEST CORNER OF UATIVERSITY AVENUE AND MISSISSIPPI STREET: Mr. Robertson stated the developer is Tanurb, a major Canadian -1- HOIISING � REDEVELOPMENT AIITHORITY MEETING, DECEMBER 8, 1988 firm, who has developed Loehmann's Plaza, north of Rosedale. He stated the developer has been making substantial progress with the landowners, at least the two major landowners. He stated representatives of Coldwell Banker and the major landowners were at the HRA meeting to give the HRA a progress report and to answer questions. Mr. Bob Levy stated he represented Rice Plaza. They have fully negotiated a purchase agreement with Tanurb. The nature of the agreement allows Tanurb a period of time to negotiate a redevelopment contract with the HRA and allows or contemplates Tanurb to assign its rights under that purchase agreement to the HRA in order to receive tax increment dollars. Mr. Levy stated the process they went through obviously had a slightly different objective than the HRA's process, yet it also had some parallels. They had a number of offers on the property, and price was not the issue. They wanted to distinguish which developer they felt had a proposal that had the most likelihood of happening and would be a development the property owners, the HRA, and the City could be proud of. The one difference was the property owners only have to look at the process for a period of months. The City has to look at the process on a long term basis. Mr. Levy stated one of the main reasons for focusing on negotiations with Tanurb is because Tanurb, financially, is definitely the strongest of all the parties interested in the site. The only issue they can see that might keep Tanurb from making the project happen is if Tanurb cannot attract the tenant mix they want. He stated the property owners are very excited about the prospects of the development moving forward. Mr. Levy stated that within the next few days, a purchase agreement on their parcel and Mr. & Mrs. Suh's parcel should be fully executed, and that will start the time period and contingencies during which Tanurb can start negotiating a contract with the HRA. Mr. Levy stated the property owners have been very concerned that they not usurp the HRA's powers or get in the HRA's way. They understand their purpose, which was to screen the developers, comes to an end at the time the agreements are signed. It was then up to the developer and the HRA to see if they can put a development package together. Mr. Meyer asked kind of development was possible. Mr. Levy stated Tanurb is a shopping center developer. They are not a multi-housing developer, and what Tanurb has in mind for this -2- HOOSING � REDEVSLOPMENT ADTHORITY 1�iE8TING DECEMBER 8, 1988 site is a mixed use retail type of shopping center development. Mr. Ed Chanin stated his law firm is representing Tanurb. He stated it is somewhat early to talk about who might 'be in the project and who might be the tenants at this time. He stated they have purchase agreements with two major property owners or expect to have those agreements within the next 4-5 days. They are interested in getting together with the HRA's legal counsel and City staff next week. One of the principals from Tanurb may travel from Toronto to attend an initial meeting to review the possibilities. Hopefully, the project will be to the City's liking. Mr. Peter Bloch, Coldwell Banker, stated he would be responsible for the leasing on this property on Tanurb's behalf. If the HRA or staff have any questions about how this is going to take place, they were to feel free to contact him. He stated Liv Horneland, his associate, had been implemental in marketing the project and bringing this to bear. Mr. Robertson stated staff had put together a tentative schedule which was included in his Dec. 1, 1988, memo to the HRA (agenda pages 1-lA). Mr. Commers stated the HRA members certainly looked forward to going forward with negotiations on the development. He stated the HRA was willing to assist as much as they could in the development of the property. 2. CONSIDERATION OF WINFIELD PROPOSAL ON 57TH PLACE: Mr. Robertson stated staff had given the HRA a rather complete outline of a tentative agreement reached on Nov. 23, 1988, with Winfield Development. There were two things that must happen in order to trigger the HRA's decision to proceed: (i) �An appraisal be received by the HRA; (2) A commitment by the major anchor tenant, Crosstowri Bank. Mr. Robertson stated staff received the.appraisal earlier this week, and the commitment in the form of a letter from the anchor tenant was received the previous evening. That letter had been handed out at the meeting. Also, Mr. Lemley from Ashland oil, Lexington, Kentucky, was at the meeting. • Mr. Fogerty stated it has been difficult to get as in this process. They now own the duplex. -3- far as they have They have put HOIIBING � REDEVELOPMENT AIITHORITY METTING. DECEMBER 8, 1988 approximately $120,000 into this project. He stated they went into this project with the understanding that the HRA wanted a high quality development. He stated he was afraid his optimism oversold the proj ect in thinking the pro j ect could happen within a timeframe that he now realized was unrealistic. They now have a tentative agreement with the anchor tenant, Crosstown Bank; however, there are several things that banks have to do before they can make a firm commitment. He stated he felt they have a quality development and he felt Winfield has pretty much accomplished what they set out to do. Mr. Wilbur porn stated he is the attorney for Crosstown Bank. He stated he would like to clarify some things for the HRA and make certain they are totally candid with the HRA in terms of their negotiations with Winfield Develoment. Mr. Dorn stated he would first like to give a little history of Crosstown Bank. He stated the first bank was located in Cedar, Minnesota, and was known as Farmers' State Bank of Cedar. About 14 years ago, the bank was purchased by Dolphin, a major shareholder, and it has grown from a$2 million facility ta a$50 million facility in that period of time, primarily through expansion geared to moving to different locations. Mr. Dorn stated they are now seeking to expand their market and locate an additional detached facility somewhere in the 694 corridor, which is the southern end of their trade area. Fridley is the first choice for the Crosstown Bank. After two years of site evaluation, they narrowed the location down to three sites in Fridley: Lake Pointe development at 694/Highway 65/Central; 57th Place; and the Holiday Plus property in the vicinity°of the Stewart Anderson Cattle Company restaurant. Mr. Dorn stated they eliminated the Holiday Plus as a permanent location, but are still negotiating for ground space for a temporary facility. They are very arixious to get a location and open a banking facility in 1989 in one of these areas.a In evaluating the Lake Pointe site, it appeared that although the site has its advantages, development does not seem to be progressing with the degree of speed they need to enable them to open a facility in 1989. They also have not received the cost, figures, and data needed to make an intelligent decision, so they have determined to go with the Winfield site. Mr. Dorn stated there were a number of variables that can upset their plans. He stated they are subject to regulatory approval of the State Banking Commission for this location. This takes about 120 days. They have reached a basic agreement on most of the -4- . �OQBING 8 REDEVELOPMENT AIITHORITY MEETING. DBCEMBER 8. 1988 provisions of the lease arrangement, but they have a lot of signage requirements with the City of Fridley they have not even started discussions on. There are also some parkinq questions. He stated he had talked to Mr. Newman about the correspondence to �ir. Bubany of Winfield from Mr. Dolphin of Crosstown Bank dated December 7, 1988. One point Mr. Newman raised which he felt should be addressed was the fact that the term of the lease was not yet determined. He stated Winfield has asked them to commit to a 15 year lease, but at this time they have declined to make any commitment. The reason for that, of course, is that they do not yet know enough about some of the other aspects of the project to make an intelligent decision. The siqnage will be critical, and there are some other variables as well. Mr. Dorn stated he has advised his client, Crosstown Bank (and they have basically agreed), to n�t consider the Lake Pointe site any longer unless things moved rather quickly soon. Mr. Larry Commers asked if the HRA could anticipate the lease being finally executed by April 1, 1989. Mr. Dorn stated it would probably be before that. The lease would be contingent upon Regulatory Commission approval, but he thought the Winfield people are going to want a definite "yes" or "no" by April l. Mr. Larry Commers asked Mr. Fogerty if Winfield was willing to go ahead with the lease based on that contingency. Mr. Fogerty stated, yes, they were. Winfield feels pretty confident that the project will go. Mr. Meyer asked why signage was so important. Mr. Dorn stated it is a one-owner bank, and it is the owner's philosophy to spend a lot of money on signage and advertising. The visibility factor has worked for them. It brings people into the bank, and the service has grown 25 times in the last 10 1/2 years. It is the owner's philosophy that without adequate signage, an ideal location becomes less attractive. On the Lake Pointe site, the bank could be seen from 694 and they would not need the same signage. Ms. Schnabel asked if Mr. Dorn had taken the opportunity to study the City�s Sign Ordinance. Mr. Dorn stated, yes, he had. He had also met with members of the Planning Department on several occasions and reviewed the Sign -5- . HOOSIIdG 6 REDEVELOPMENT AIITHORITY MEETING, DECEMBER 8, 1988 Ordinance. He stated they know what they want and what they can get. They might nQed some variances, but staff did not totally reject the signage they suggested. , Ms. Schnabel stated she was concerned about signage because she helped draft the Sign Ordinance some years ago. She 6tated the same Sign Ordinance restrictions apply whether the bank is located on University Avenue or Highway 65. Mr. Meyer stated that if there was any possibility of the bank dropping out. For example, if polluted soil is found, how was the HRA protected? There should be some kind of statement in the agreement that protects the HRA. Mr. Larry Commers agreed. Where is the HRA in terms of protection if there is a cleanup problem or if, in fact, the Rapid Oil property comes in at a value double the amount of the appraisal? Mr. Newman stated those concerns were outlined on agenda page 2-B. There were definitely environmental concerns, and because of these concerns, he had added the additional safeguard of requiring the developer to post a letter of credit of $125,000 before commencing condemnation. The site with the greatest environmental risk, of course, is the Rapid Oil site. Mr. Larry Commers stated the HRA has to be prepared because in the condemnation process, there is the risk that the value could be found far greater than what the Winfield appraisal was. Mr. Newman stated he would anticipate that the HRA would bear the risk of the expenses of the infrastructure and demoliton. Since they are relying on the developer's appraisal, site acquisition would be the developer's risk. He was sure that when Mr. Casserly ran the numbers, he had put some flexibility into them. As far as issues, the approach is that once all the necessary steps have been met, the letter of credit has been posted, and assuming the lease is in place, they would begin the process of condemnation. He stated that under Minnesota State Statutes, once the City begins the condemnation process, they have the right to go on to the property to conduct certain tests, and they could do an environmental assessment at that time. If the soil tests come back indicating there is no problem, then they can proceed with the quick take action to begin acquisition. If the soil tests determine there is a problem on the site, then they would have to do an evaluation. It may be the case where if there is a minor problem on the site, the HRA might decide to go ahead and take care of the environmental problem with a reduction in the purchase price. If the HRA decides they do not want to proceed.because of -6- HOIISING 6 REDBVEIAPM$NT AtTTHORITY MEETING DECBMBER 8 1988 the environmental problems, they can dismiss the condemnation action because of something they were not aware of and terminate acquisition. Mr. Joe Commers, The Commers Company, stated that as the competing developer for this project and running the risk of being redundant, he still believed he and his development team were the best qualified developer for this site. He stated he would like to comment on four things: l. A viable project. He stated they already have a letter of intent from Ashland Oil. They have everything the competing developer has. They provided the HRA with a proforma and in that proforma, the HRA could see that Security Develoment would be able to go out and get a mortgage. All this is under being a viable project. 2. Aesthetically. He stated they gave a very nice proposal to the HRA in July. The HRA saw the architectural drawings. He knew there was some concern about Rapid Oil being a part of this project, and he was not sure if the HRA fully understood how they can incorporate Rapid oil into the pro j ect, Rapid Oil being only 8� of the total project. Mr. Ren Bureau, a citizen of Fridley who had a deep knowledge in develoment, made the comment to him that maybe the Security Development team really has not communicated to the HRA well enough how well Rapid Oil can be incorporated on the site. He stated they certainly tried to communicate that in July when they presented their proposal. 3. Cooperation. He stated they already have the cooperation of the two major parcels. They control 67� of the site--the two biggest parcels. The HRA was going through a lot of problems and a lot of dialogue with the competing developer, and there would not be any of that with the Security Development team. They already have that cooperation all the way to cooperating on soil tests and getting any contaminants out of there. 4. Management. He stated the members of their team have been involved in shopping center development for 15 years and have been involved in about 46 shopping centers around the seven state area. He stated the HRA has to think about long term in keeping a thriving shopping center going once it is built. They feel very confident that with their network, if a tenant moves out, they will have that space filled right away. All the properties in his portfolio are all very thriving properties. -7- H008INa � REDEVELOPMENT AIITHORITY MESTING. D$CEMBER 8, 1988 Mr. Joe Commers stated that regarding signage, all of a sudden he was hearing that the entrance to the City of Fridley wil have a sign advertising Crosstown Bank. As the HRA remembered, when Security Development team made their presentation, theyasked for no variances. Mr. Joe Commers stated it was confusing to him and the members of his development team when he comes back month after month to report what is happening and what is not happening. With their particular proposal, there seems to be a very minimal amount of complications. The risk is definitely greater with Winfield's proposal. He had said that back in July. He stated they could have started back in July and now they are already six months past that point. Mr. Joe Commers stated that in August, the HRA gave Winfield 60 days; then another 30 days were added to make it 90 days. He stated they were led to believe that everything would come to a head at the November HRA meeting. Then, the HRA gave Winfield an additional 20 days plus 10 days until the December meeting. At what point does the HRA make a decision and say they should look at Mr. Commers' development team's proposal? Mr. Joe Commers stated he realized there was a complication on the part of the HRA, City staff, and the political people in Fridley about Rapid Oil, but he thought Rapid Oil has been a very responsible taxpaying corporation in the City. He stated if his development team could be given the opportunity for more dialogue, they could prove to the HRA that they could make this area very beautiful with Rapid Oil as part of the project. Mr. Larry Commers asked what the status was in terms of commitments that are being made in getting the executed lease with Crosstown Bank. Mr. Robertson s�ated they just have the information received from Mr. Dolphin on December 7, but he stated they have to get the executed lease before the January meeting. Mr. Jack Lemley stated he is the Condemnation Supervisor for Ashland Oil, Lexington, Kentucky. He stated at 10:00 a.m. he had a note on his desk that there was a second hearing at the HRA meeting to condemn the Rapid Oil property in Fridley. He stated he really had no idea what was going on. He stated Ashland oil tries to be a cooperative citizen, and they would like to work with the City on this. Was it true that the HRA is going to take their property? Mr. Larry Commers stated two proposals were presented to the HRA -8- � 80IIBIN(� � RBDEVELOpME1�T AIIT80RITY MEETINa, D$CEMBER 8, 1988 for the 57th Place redevelopment. One developer included Rapid Oil and one did not. The i�tA gave tentative approval to the developer, Winfield Development, that did not include the Rapid Oil facility. As he understood it, the Rapid Oil people were involved in the competing project. He stated that at this time, there are no condemnation hearings. He stated City staff has talked to the Rapid Oil people about the possibility of moving to another site if one is available. That was one thing Mr. Lemley might want to consider. Another thing Mr. Lemley might want to consider is whether or not he would be willing to allow the City to go onto the property to determine if there are any environmental problems. That might help solve a lot of these issues and might curtail this whole effort if, in fact there are environmental problems. Mr. Larry Commers also suggested Mr. Lemley meet with City staff to get more of the history of this developmemt. Mr. Lemley stated they are remodeling several Rapid Oil facilities in the metropolitan area, and remodeling was being planned for the Fridley facility in 1989. Mr. Lemley asked what action the HRA would be taking at this meeting. Mr. Larry Commers stated nothing needed to be finalized at this meeting, other than whether or not the i�2A is going to grant Winfield Development an additional extension of time to the January meeting. Mr. Newman stated it was staff's intention since the last meeting to present a concept of the agreement to the HRA at the December meeting and then obtain some direction from the HRA as to whether or not the HRA felt comfortable enough with the concept. If so, staff would prepare a development contract for the HRA's consideration at the January meeting. Mr. Lemley stated he would be more than willing to meet with someone from City staff. He stated he would like to work this out, and he would like Rapid Oil to stay on this site, if at all possible. Mr. Larry Commers stated the situation has now changed to the point where the iiRA is starting to assume risks without assurances that the project is going to go. The agreement was for Winfield to bring in a firm commitment by this meeting. Now there is no firm commitment, only a contingent commitment, and it could be another 4-5 months before there is a firm commitment from the Bank. -9- HOIISING � REDEVELOPMENT AIIT80RITY MEETINd. DECSMBER 8, 1988 Mr. Newman asked that if the HI2A were to structure the development agreement such that they would not begin the acquisition process until the Bank had received State approval for a detached facility, would the Crosstown Bank still be interested, and would•it impede their ability to obtain State approval? Mr. Dorn stated, yes, they would still be interested in the site; and, no, it would not impede their ability to obtain State approval. Mr. Joe Commers stated it was very disconcerting for him as the competing developer to have the rules changed in the middle of the game. His development team has done everything they have been asked to do over the past six months. They thought it was going to come to a head 30 days ago. Now they are 30 days hence, and the HRA is thinking about another 4-5 months before anything is finalized. Mr. Larry Commers stated that there was no question that the HRA preferred to have a bank as part of the development. As Mr. Joe Commers knew, that was one of the HRA's major issues when the proposals were made. He stated the question before the HRA now was: How far do they continue to go to try to get the project they want on that site, or do they put a stop to it now? Mr. Newman stated he did not think the HRA was changing the rules. From past experiences, they should know that developments sometimes take more time than anticipated, and there had been progress on the part of Winfield. Mr. Larry Commers stated that was true, but for this development, the HRA had made it very clear that there were certain timeframes that had to be met or the development rights would be revoked, but the HRA has done just that. Mr. Newman stated it also should be pointed out that there are some regulatory procedures that have to be followed that any developer that included a bank would have to go through. Mr. I,arry Commers stated that was true. Ms. Schnabel stated she felt Mr. Fogerty was probably correct when he said that perhaps his enthusiasm had oversold the project. She stated she still preferred the Winfield proposal; however, she could understand Mr. Joe Commers' frustration in dealing with the HRA. While it might take a little longer to get this development, if the end result gets them the development they want, then she was willing ta give Winfield another 30 days, rather than cut it off -10- 80IISING � REDEVELOPMENT_AIITHORITY ME$TING� �ECEMBER 8. 1988 now and not get the development they want o� that �ite. Mr. Prairie stated he agreed with Ms. Schnabel. It �night take longer to get the project they want. Mr. I�rry Commers stated he believed that has been the concensus of the HRA all along; however, he was a little concerned when the HRA starts-assuming risks that were not anticipated and which are not necessary. Because of the length of time it might take to get construction under way and the project finished, they might be asked to assume certain risks they should not have to assume. Ms. Schnabel stated that besides the risks, she was also concerned about the Bank's position where certain things have to be done before they can make a firm commitment. She hoped it all worked out. She stated she was definitely concerned about the signage. It was the concensus of the HRA members to grant Winfield Development an additional 30 days until the January meeting and that staff continue to work with the developer. 3. CONSIDERATION OF STINSKI OFFICE PROPOSAL: Mr. Newman stated that essentially what is being proposed to Ms. Stinski as far as HRA assistance is the same level of assistance the HRA provided in the past. They have raised the percentages slightly because of the quality of project proposed. Mr. Newman stated the City Council recently indicated to the HRA staff that their preference was for the HRA to utilize the mortgage approach because of the opportunity to obtain repayment of the assistance. Because of that, staff had proposed a higher percentage•on the mortgage, 15� instead of 10�, to make it a more attractive altern�ative. Mr. Commers stated the HRA has always had, if not a direct policy, then an indirect policy �since the Johnson Printing project, and they have always used those earlier guidelines when anyone has come in requesting assistance. Al1 the information on the types of assistance they have given different projects should be made available at the next joint City Council/I�2A meeting when they discuss this issue. Mr. Newman stated he believed this policy has been clearly communicated to Ms. Stinski, but Ms. Stinski has indicated that this level of assistance would make it very difficult for her to proceed with the project. -11- HODSING � REDEVEI�OPMENT AIITHORITY MSSTING, DECEMBER 8. 1988 Mr. Robertson stated that at the last meeting, Mr. Fisher submitted three different financial proposals. It was at the time staff started reviewing those three proposals that they received recommendations from the City Council saying they did not want a major departure from the past assistance formula. He stated when they met with Mr. Casserly to review the three financial proposals, they found there was a legal question about whether the interest rate reduction proqram could even be done under State Law for a non-residential structure. They concluded last week that they should probably stay with the past assistance formula as recommended by the City Council until the HRA meets with the Council. Mr. Fisher stated they are asking for $600,000 in assistance. Mr. Fisher stated he met with Mr. Casserly at about 5:00 p.m. on December 7. They went through about five different financial proposals--two from last month that are still legal options and three additional options with the loan and gr�nt. They found there are only three options that will really work--the two from last meeting and an additional one which is for the City to give the developer a 25� loan and a 10� grant. He should point out that no developer fees are being taken out for developing the project. Mr. Robertson stated that obviously they cannot take the time to do a detailed analysis of this most recent proposal at this time. Staff did need some policy direction from the HRA. Does the HRA want staff to consider the developer's options and do an analysis, or not? If not, they can stick with the standard formula until they do a more complete policy review. Ms. Schnabel stated the amount of assistance being requested just seemed too high and was higher than she would want the HRA to provide assistance. She was concerned about the proposal for the interest payback also. She did not like the idea of 10 years with no interest. They should either stay with the assistance they have given in the past, or they should see if another financial package can be put together. Mr. Stinski stated they are proposing a financial proposal which they know will work for this project. They have been working on this project since 1983, and Ms. Stinski has put many hundreds of thousands of dollars into the project. Mr. Meyer stated he agreed with Ms. Schnabel that this financial proposal was beyond the HRA's guidelines and beyond the amount of assistance the HRA should ext�nd to any developer. -12- � n HOIISING i REDEVBLOpMENT AIITHORITY MSBTIN� DSCEMBBR 8 1988 Mr. Newman Btated Mr. Casserly was extremely impressed with the financial presentation made by Mr. Fisher. It was one of the most complete and thorough evaluations the developer has presented. He etated the developer is proposing a high quality buildfng, maybe a higher quality than what the market can support, and that might be•why the level of assistance being requested is so high. He stated the HRA members have to ask themselves: Is this particular project of such a benefit to the City of Fridley that they want to extend their present policy? Mr. Meyer stated he certainly had reservations about the level of assistance being requested. Mr. Commers stated apparently there are some issues the HRA should discuss with the City Council before they deviate from what they have done in the past. However, that meeting cannot occur until the end of January. Mr. Stinski stated that without HRA assistance, they cannot build anyway, so time really isn't an issue. He stated the HRA should realize that there will a substantial increase in taxes to the City from this building, and the developer will be paying back the loan. He stated it is a beautiful building and one that will be an asset to the City of Fridley. OTIOId by Mr. Meyer, seconded by Mr. Prairie, to table further discussion on the level of assistance for the Stinski office proposal �til the HI2A has discussed this with the City Council. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CONIl+�ERS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Stinski stated it sounded like staff might recommend assistance at $400,000, and he was talking about an additional $200,000. That is $20,000 a year over a 10 year period and is not a lot of money to use as a reason for turning a project down. Ms. Stinski stated she would really appreciate it if this discussion with the City Council could be expedited as quickly as possible, because she has tenants who are waiting to sign a lease. Mr. Burns stated he would do his best to expedite this with the City Council. 4� COIdSIDERATION OF 1989 MEETING SCHEDULE: MOTION by Mr. Prairie, seconded by Ms. Schnabel, to adopt the 1989 meeting schedule as written. -13- HOIISING & RFDSVELOPMENT AIITHORITY MEETING, DECEMBER S, 1988 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. • 5, CONSIDERATION OF OUTLINE FOR 1989 ANNUAL REPORT: Mr. Commers stated staff has prepared a draft of this report. He would recommend the HRA members review the draft; and if they have any comments or suggestions for changes, they should contact staff by Friday, December 16. H, CONSIDERATION OF DRAFT INVESTMENT POLICY FOR THE FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY: Mr. Pribyl stated he has met with Mr. Rasmussen and three of Mr. Rasmussen's bank executives to review the draft investment policy. He stated the main comment was to add some local investing feature regarding possibly some local banks. Mr. Pribyl stated that at this time, the City does not have an investment policy. This particular document is his starting point for the City's investment policy, which he hopes to bring to the City Council some time in 1989. The parameters by which this was prepared was in accordance with the Government Finance Officers' Association, and also there are some elements included in this from three other cities' investment policies. It is a key element with regard to governmental jurisdictions. It provides protection both on behalf of the Policy Investments Board in which they can provide guidance as far as the type of policies and proceciures the Board wants and also provides some protection as far as the investing officer. The investing officer has directdion from the Policy Making Board as far as what he can invest in. Mr. Commers stated discussion should be continued until the January meeting when Mr. Rasmussen is present. '7, CONSIDERATION OF FUNDING A SENIOR HOUSING NEED SURVEY: Mr. Robertson stated that the City Council requested a study to be made of Fridley residentse55 years and older to see what their housing preferences are in the City of Fridley. He stated he would like to introduce Barbara Dacy, the new Planning Coordinator, and have her make the presentation. She prepared the original policy paper received in the HRA Information Packet in November, and she has been working with Health Planning and Management Resources, Inc., who will conduct the study. Ms. Dacy stated that included in the HRA agenda, page Z-B, was an -14- �OQBINd � REDEVELOPMENT AIIT80RITY MEBTING. DBC$MB$R 8. 1988 outline of the Purpose, Objectives, and Proposed Study Method, and the cost estimates of this housing study. What the study is intended to do is determine the basic questions the City has: How many seniors are there in Fridley and what are their housing preferences? Ms. Dacy stated that as everyone grows older, the demographic indicators say that by the year 2000, a significant part of the population will be age 65 or over which does present some public policies to the City, State, and Federal governments. The City Council felt the City needed to get a better handle on what type of housing is needed for seniors in the City of Fridley. Ms. Dacy stated that since the preparation of the agenda, they have received a specific proposal from the recommended consultant. It is staff's recommendation that the HI2A consider funding up to $10,000 for the study. Depending upon the number of households sampled in the mail survey, that will have an impact as to the cost. The outline on page 7-B shows that if 1,000 homes were surveyed, the total cost will be $10,500. That is the number of households recommended by the consultant for the survey. Mr. Schnabel stated it was Ya�r guess that the results of any survey are going to show that peopg� just want to stay in their own homes. Ms. Dacy stated Ms. Schnabel was right in that 80� of the elderly people do want to stay in their homes as long as possible, but the remaining 20� pose a need or desire for some assisted living accommodations. There is a waiting list of 43 people at Village Green with a 3-4 year wait. A typical subsidized housing project runs between 35-40 units. She thought there was enough information out there to indicate that a more detailed approach is necessary to find out the demand for senior housing before making any recommendations about assistance or any financial policies. Mr. Newman stated the City Council is considering a rapid increase in senior housing. Questions for the HRA to consider are: Is the demand the same as it was a few years ago? What are the types of senior housing? Amenities? Features? If they are going to provide assistance, they need more information so that housing could be designed to be more compatible with the seniors' needs. Mr. Commers asked if the City was willing to share in the cost of the survey. Mr. Burns stated that at this point, he did not know. It just seemed to be the type of study related to the HI2A�s purposes. -15- HOIISIN(3 � REDEVELOPMENT AIITHORITY MEETING, DSCEMBER S, 1988 MOTION by Ms. Schnabel to approve a senior housing study to be conducted by Health Planning & Management Resources, Inc., and that the HRA and City share 50/50 in the cost of the study, but the HRA's share shall not exceed $5,000. • MOTION DIED FOR LACK OF A SECOND. Ms. Schnabel stated she did not know if federal financing was even still available as a tool. Ms. Dacy stated because Fridley already has an existing project in comparison to communities that do not, a HUD representative has said that it will be a factor in trying to decide between two projects. On the other hand, doing what they are doing is a good idea because if, through a study, they can show there is a real demand out there, unlike any other community, then maybe HUD should look at giving assistance for another project. Until this point in time, staff has never had any direct contact with the senior community, and part of the approach with this survey is to use the focus groups to recruit key seniors within the community and through the two additional sessions, there is a structured "question and answer and discussion" period which provides qualitative data to complement the quantitative data of the mail survey. The focus groups will be used to explain the "how's" and "why's" of what the-seniors said in the mail survey. It could be a communication tool between the City and the seniors. Mr. Burns stated he thought the City Council wants to determine what level of commitment they will make to the seniors; but before they make that commitment, they want a study done--to find out more of what the need is and what the preferences of the seniors are in various housing categories. Ms. Dacy stated there are a number of opportunities, other than housing, where the survey can assist the HRA and the City. MOTION by Mr. Meyer that the HRA authorize the funding for the senior housing survey, the amount not to exceed $10,000. MOTION DIED FOR LACR OF A SECOND. MOTION by Ms. Schnabel, secanded by Mr. Meyer, to approve a senior housing study to be conducted by Health Planning & Management Resources, Inc., and that the HRA and City share 50/50 in the cost of the study, but the HRA's share shall not exceed $5,000. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. -16- HOIISING � REDEVELOPMENT AIITSORITY MSETIN(3 DECEMHSR 8 1988 g. CONSIDERATION OF CHANGE ORDER NO. 6 LANDSCAPING IRRIGATION AND LIGHTING PROJECT NO. 168 - LAKE POINTE• Mr. Robertson stated this was the first change order a6ked for by Minnesota Valley Landscape. The previous change orders were directed by the City. He referred to the last two sentences from the letter dated Nov. 20, 1988, from Gene Ernst, Ernst Associates, to John Flora, which stated: "I feel with the delay on the project there are additional costs justified as outlined in Minnesota Valley's letter dated November 17, 1988. With the approval of this request, I do not feel that any future requests should be granted." MOTION by Mr. Meyer, seconded by Ms. Schnabel, to approve Change Order No. 6, Landscaping, Irrigation, and Lighting Project No. 168 - Lake Pointe. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDERATION OF RETURN OF SCHOOL DISTRICT REFERENDUM LEVIES: Mr. Pribyl stated that in some of the conversations with the HRA regarding the 1988 tax increment amendments, the term used was "non-controversial" changes. He stated this topic is not new; it has been around for some time. As long as he could remember, the School District has come to the HItA trying to find a vehicle in which tax increment could be passed back to the School District. The counties have always been there trying to find out how to do it, and to some degree they have found some mechanisms through the statutes as far as dealing with service charges and things like that. The change in the Tax Increment Act that allowed referendum levies to be provided to the school districts is actually the first vehicle in which there is statutory authority to try and provide funding back to the school districts. To some degree the referendwn levies are a windfall type of increment for the HRA, because in their planning processes, they did not anticipate these types of increments coming in. Mr. Pribyl stated MSA Section 469.177 has a new Subdivison No. 10 dealing with the referendum levies, and that is the first authoritative guideline that has provided a means for qovernmental jurisdictions to provide anything to the school districts. The application of this particular statute is somewhat complicated as to what can actually be turned back to the school districts. Two of the statute sections are mandatory and one is voluntary as long as there is an agreement written between the City and the school districts. -17- • HOIISING 6 REDSVELOPMENT AIITHORITY MEETING, DECEMBER 8. 1988 Mr. Pribyl stated one of the things they are attempting to do at this point, since this particular legislation was passed in 1988, is to try to facilitate the transfer of this money back to the school districts during ti�is calendar year. The three areas that provide funding back to the school districts are: (1) When there are no outstanding bonds on May 1, 1988, to which increment from the particular district is pledged; or, (2) The referendum is approved after May 1, 1988, and there are no bonds that were issued before that May 1 date which are outstanding at the time of the referendum approval; or, (3) The referendum was approved after the most recent issue of bonds to which increment from the districts has been pledged. Mr. Pribyl stated the first two situations actually initiate more or less a mandatory return of referendum levy. The last one more or less is the voluntary one in which both the school district and the City have to enter into an agreement, and that is stipulated by state statute. Mr. Pribyl stated that regarding each of of these, one has to first look at the certification date of the district, the dates in which any bonds were sold, and the levy certificate dates in which that referendum levy was actually passed. One has to take each of those levies and pass it through these three criteria to determine whether it is mandatory, voluntary, or not applicable at all. This complicates things a great deal. Mr. Pribyl stated Mr. Jim O'Meara has been involved in this whole process, and they have discussed it at length. Initially when his December 1, 1988, memo was written to the HRA, they were relying on a number of criteria gotten from either the County or the School District and had not gone through an elaborate investigation of all these different criteria. Mr. Pribyl stated currently they have actually had agreements drawn up, and the HRA members.have those draft agreements. Those draft agreements spell out the terms in which the state statute is applicable in this situation and also within each school district, those particular districts that have levies that are applicable for refunds. It doesn't define dollars, but defines the actual district in which levies are passed back to the school district. They have not gotten any assistance from the County as far as the County providing absolute dates of certifications, so they are trying to get a certified copy from each of the school districts as far as when their Boards approved these levy referendums. Mr. Pribyl reviewed the numbers in the "School District Increment -18- . HOQBINa & REDBVELOp1►�NT ApTgORITY 1�BTINa, D$CEMBSR 8. 1988 Calculation". Mr. Pribyl stated Center City is a pre-1979 district. That was a district established under the old HRA statute and is referred to as existing projects under the new tax increment guidelines. It was certified prior to August 1, 1979. That particular date was the original effective date of the Tax Increment Financing Act. Unless specific actions are taken to include the pre-1979 districts, in any amendment to the original Tax Increment Act, they are not generally subject to the Tax Increment Act itself. That is also the case with the levy referendum issue. Mr. Pribyl stated the language in the 1988 amendment to the original Tax Increment Act did not specifically identify pre-1979 districts. Unless the HRA elects to proceed or deal with and wants to amend their districts that fall underneath the new guidelines, the staff would not recommend that option. By expanding the activity of the district after May 1, it would fall under the new guidelines. Those are the only ways Center City would fall within the new Tax Increment guidelines and have to be explicitly related to or in accord with any new amendments to that actd. In any legislative information that comes out, they will see that the language will read something like "whether or not certified before or after August 1, 1979". That type of term would be used to include the pre-1979. . Mr. Pribyl stated this is all to some degree a judgement item. When they look at the language of the law, it appears as though the intent is to include pre-1979 districts. That is kind of where the school district is coming from, and the dates that are used is anything certified prior to May 1, 1988. The intent of the law is to include all districts, so if that is the case, then the District No. 1 or Center City, would also be included in those parameters. When he asked Mr. O'Meara if that specifically exempted, under state statute, Center City from this type of situation, it was Mr. O'Meara's professional judgement that it did. Mr. Pribyl stated when asked what would happen if the HRA then opted to actually pay those using that assessed value and the millage in Center City, Mr. O'Meara stated probably no one would argue that, and it would be an item that would possibly be debatable between attorneys but nothing more than that. It is something that is somewhat gray in the state statutes, and it is not specifically identified and dealt with. Mr. Commers stated why wouldn't they want to wait until they get furtMer clarification that the Center City is out of the project. -19- HOUSINt3 & REDEVELOPMENT AIITHORITY MEETINC�, DECEMBER �. 19�� Mr. Pribyl stated from what he is hearing Mr. O'Meara saying, that would be the appropriate action. In talking to Mr. O'Meara, it is an item that can be debated; but if the HRA felt strongly about including Center City, that is a judgement decision the i�tA would have to make. If Center City is excluded, there is about a$14,000 delinquency, and there would only be two different districts: the Moore Lake area and Johnson/Skywood. Mr. Pribyl stated that in the information he had received from Mr. Seeman (District 14), there were three pieces to the referendum levy. One was to continue a 6.5 levy, and the old five year 6.5 levy referendum actually is exempt from this particular situation of return of levy. So, in pulling that referendum that w�s approved apart, it appears as only 9 mills in applicable in 1988. Then, in 1989, it goes back up to the 15.5 mills because it is a new referendum. Mr. Commers stated this was a very new, complex, and complicated issue, which was very difficult to understand. He stated he felt they had to be guided by their bond counsel, Jim O'Meara. Mr. Pribyl stated that on Friday, he would meet with Mr. Seeman to discuss and verify their levy referendum, so that, based on the HRA's action, the City Council can take formal action at the Monday, December 19th meeting. MOTION by- Mr. Meyer, seconded by Ms. Schnabel, to approve th� figures recommended by the bond counsel, Jim O'Meara, and send them on to City Council and that the City Council be excluded from th� referendum process at this time. UPON A VOICE VOTE, COMNlERS, SCHNABEL, MEYER, VOTING AYE, PRAIRIE ABSTAINING, CHAIRPERSON CONII�IERS DECLARED THE MOTION CARRIED. 10. INFORMATION ON PROP�SED METAL-TEK FACILTY AT THE NORTHEAST CORNER OF 79TH AVENUE & MAIN STREET: Mr. Robertson stated Metal-Tek has been in business in the City of Fridley for about ten years. They employ about 30 skilled worJcers. The company serves businesses all the way from the immediate area to Fort Wayne, Indiana, and Detroit, Michigan. The busin��s is outgrowing its present leased space, and the owners would like to build a new 28,000 sq. ft. facility in the immediate neighborhood. There is also the possibility that a new Metal-Tek facilty will attract a new 20,000 sq. ft. facility by one of Metal-Tek's major customers. Mr. Robertson stated he has discussed with Ernie Paulson, part- -20- HOIISI�� � REDEVBLOpMENT ApTgORITY MS$TINa DSCEMB$R 8 1988 owner, the current types of qrant proqrams and loan programs the HI2A has provided to businesses in the past. Mr. Paulson has in turn talked to fellow owners, and they have expressed a� interest. Mr. Robertson stated he has talked briefly with Mr. Paulson's attorney. He stated staff is recommending that staff be directed to proceed with a draft development aqreement with Metal-Tek and to bring it back to the January meeting.. Mr. Commers asked if the site where Metal-Tec intended to build had any soil problems. Mr. Pa�lson stated, �es, the project will require quite a bit of soil correction. Mr. Commers stated it was clear that the � has always tried to support these types of business in this area. iie asked Mr. Paulson to meet with staff to see what type of assistance can be worked out. 11. C�IMS (1836 - 1845) • MOTION by Ms. Schnabel, seconded by Mr. Meyer, to approve the check registered as submitted. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CONIlKERS DECLARED THE IKOTIt�N CARRIED UNANIMOUSLY. Mr. Robertson stated that included in the HRA packet was a letter from Jim Casserly detailing his services for the HRA. He had indicated what assistance he will provide, what his rates are, and under what conditions he will perform without expressed prior authorization from the HRA or HRA staff. MOTYON by Mr. Meyer, seconded by Mr. Prairie, to approve the Casserly contract for rendering of services to the HRA. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CONII�ZERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. OTH�R BUSINESS • Ms. �chnabel stated that regarding the policy as far as HRA assistance to developers, she would recommend that the HRA put together some kind of HRA handbook which includes the HI2A's policy �tatements and the procedures. As changes were made, they could be inserted in the handbook. She stated her reason for suggesting this was because every time they discuss assistance,. they have -21- • HO�SING & RSDEVELOPMENT AIITHORITY MEBTING� DBCEMB$R 8, 1988 difficulty remembering what they have done in the past. With a handbook, they would be able to have access to that information and could answer questions more intelligently. . Mr. Commers stated he agreed with Ms. Schnabel. A handbook could be�a very useful tool for the HRA. Mr. Robertson stated it was an excellent idea. It could be coordinated with the Northern Mayors' Association so it would be consistent with other cities. ADJOURNMENT• Chairperson Commers declared the December 8, 1988, Housing & Redevelopment Authority meeting adjourned at 11:15 p.m. Respectfully submitted, z, � � , ��L �� Ly e Saba Recording Secretary �x�