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12/13/2004 - 4576Y OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 13, 2004 , ✓ �s w / " � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please nrint name. address and item number vou are interested in ! i CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 7:30 p.m. — City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. Print Name (Clearly) , Address Item'Na ' ,n _ ., , � ...�--s; � vs-�i C. , '-t u'�C� `� lCJ ;.',c-� �:, ,r.�u../� sc �f - /' � �,9-� r-1 i t'� /��1 •�i r1 ir L j 5 3� =� _� N�� 1✓� �.� . ,�J c. �>1% /��%S � U r��w: , � ,, �� '- L` 13 �` l�� .; r��-�� r � 1 � ; :.s ��, �> i � w „�t � � � C �c: � k �-..�.: � , t c% \� � �v �� '— ,� �. 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' '� �-"'�`.. 4�� , �,�� !_`� �r;' � � "��J%% e��;-i�l� 7� � �-i r � zy � l - � , a �� -�. �/; �`;�.4 .- � � -� .��' � _ � 1 `" ,d �n� �. , � % f � � F 2�; {,' f ` � / �� (r, r ( .� C_ / � 'l/ l /'� . � � _ . � / � �1/��, � �� a �i:`. � �. , �' y ._ r"' - � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please nrint name. address and item number vou are interested in. Print Name �Clearly) Address Item No. . �� I<; �-` j ( � I r� �..j, ��<«,� ti r '�� 1 I � � ,-. ,�; k ,/�^,� � �J. C�� (�- � "/�1�.((E� ( �.��C�'�'.2 ��' �. �'! � �' �" ?� �"�^ � 1 � /�'I' l� ,�, � ,� ��,��, �� r�,. ,; �,:,;�_��-r��; .� � �. �,.�—.�- <<� c � i �� Ji � � � CITY COUNCIL MEETING OF DECEMBER 13, 2004 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Certification of Appreciation to Fridley Knights of Columbus Fridley Historical Society APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 6, 2004 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of November 17, 2004 ...................................................... 1- 22 2. Approve Extension to Preliminary Plat Request, PS #03-18, by Town Center Development, for the Properties Located at 1282 Mississippi Street N.E. and 6490 Central Avenue N.E. (Ward 2) ........................................................................... 23 - 24 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve 2005 Tri-City Consulting Services Agreement befinreen the City of Fridley and GISRangers, LLC . ............................................................................................. 25 - 35 4. Resolution of the City of Fridley Acknowledging �„>; Receipt of the Time Warner Inc. Formal Franchise '�� ` Renewal Proposal for the Provision of Cable Television within the City of Fridley .................................................................... 36 - 38 5. Claims ....................................................................................................... 39 m 6. Licenses ............................................................................i.......................... 40 - 41 7. Estimates ....................................................................................................... 42 ADOPTION OF AGENDA. � � OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 3 NEW BUSINESS: 8. Resolution Certifying Final Tax Levy Requirements for 2005 to the County "� �� ofAnoka ....................................................................................................... 43 - 45 9. Resolution Adopting the Final Budget for '��' theFiscal Year 2005 .......................................................................................... 46 - 48 10. Special Use Permit Request, SP #04-06, by Anwar Abdel-Karim, Islamic Center of Minnesota, to Amend their Existing Special Use Permit, to Allow a School Expansion to be Used for Classrooms and a Multiple Purpose Room, Subject to Easement of Record, Generally Located at 1401 Gardena AvenueN.E. (1Nard 2) ........................................................................................ 49 - 59 � 11. Informal Status Reports ..................................................................................... 60 ADJOURN. � � MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 6, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Rick Pribyl, Finance Directc�r Rebecca Brazys, Recording Secretary Pam Reynolds, 1241 Norton Av. N.E. Dale Bowen, 5181 St. Moritz N.E. Jerry Bahls, 7514 Alden Way N.E. Shelly Himle, 1588 Woodside Ct. N.E. Donald Anderson, Jr., 7304 West Circle NE Don Holum, 6575 Monroe St. N.E. Pete Eisenzimmer, 6535 Oakley Drive N.E. CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 22, 2004 APPROVED AS PRESENTED. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 2 OLD BUSINESS: 1. Ordinance No 1199 to Amend the Citv Code of the Citv of Fridiev, Minnesota, bv Makina a Chanqe in Zon�nu D�stricts (Rezonina Request, ZOA #04-02 b Creekside Pro erties and Gien Harstad to Rezone Properties Located at 7101 and 7151 Hiahwav 65 from M-1, Liqht industrial to C-2, General Business) (Ward 2). Dr. Burns, City Manager, stated Council approved the first reading of this ordinance on November 22, 2004. The rezoning was requested to bring the zoning into alignment with the commercial uses on that property. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1199 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Special Use Permit Reauest, SP #04-05, bv Home Depot USA, Inc.. to Amend their Existinq Special Use Permit to Allow the Expansion of their Garden Center, Generallv Located at 5650 Main Street N.E. (Ward 3. Dr. Burns, City Manager, explained that this special use permit would allow the construction of a 3,780 square foot addition for off-loading and preparation of garden and plant materials on the south side of the existing Garden Center. Staff recommends CounciPs approvaL THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2005 Sixtv Dav Aaencv Action Application Deadlines for the Plannina Commission and Appeals Commission Meetinqs. Dr. Burns, City Manager, explained that State law requires that action be completed on land use applications within 60 days of formal application. A list has been prepared of the dates for completed applications and publication deadlines for Planning Commission and Council consideration. Staff recommends Council's approval. APPROVED. 4. i�- -- rove Contract Amendment between the Citv of Fridlev and Short Elliott Hendrickson, Inc for the TH 65 Causewav Protect. Dr. Burns, City Manager, stated this item is being removed from the agenda and will be considered at the January 23, 2005, City Council meeting. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 PAGE 3 5. Claims: 119399 —119534 APPROVED. 6. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 7. Estimates: APPROVED THE FOLLOWING ESTIMATE: Natgun Corporation P.O. Box 847140 Boston, MA 02284-7140 Marian Hills Tank Replacement Project No. 356 Estimate No. 3 $214,272.50 Councilmember Bolkcom requested that Item 2 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt the proposed consent agenda with the removal of Item 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt the agenda with the addition of Item 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda —15 minutes Mr. Jerry Bahls, 7514 Alden Way, invited the Council and Fridley residents to join the .. Audubon Chapter in doing their annual Christmas bird count, Saturday, December 18 at 7:30 a.m. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated he was not happy with the way Council handled the Dr. Dahl matter at the last meeting. He believes the city should have taken care of the matter without any expense to Dr. Dahl. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 PAGE 4 Mr. Don Anderson, 7304 West Circle, stated that last Sunday he was walking home by the Carefree Self Storage location around 4:49 a.m. and a Fridley police officer went by at about 80 miles per hour without his lights or siren activated. Mayor Lund said he would let the Police Department know. PUBLIC HEARINGS: 8. Consideration of the 2005 Citv of Fridlev Budqet. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Dr. Burns, City Manager, stated that as a result of action in 2003, the City was programmed to lose another $1.3 million and a total of $1.75 million in State government aid. The 2004 legislation session was characterized by a great deal of stalemate on almost every issue including those traditionally of interest to the City. There was no bonding bill, no North Star funding, no action on wine and grocery stores and there were very few new mandates. His contact at the Association of Metropolitan Municipalities anticipates the State will be facing a$1.4 billion deficit for the 2006-2007 periods. He also believes there will some property tax backlash as a result of passing on the loss of LGA to taxpayers. There is also some prospect that the market value homestead credit that is used to reduce taxation liability of lower value homes could be eliminated. If that happens, Fridley would lose another $500,000. As a result of the legislation from 2003, Fridley is also scheduled to lose another $134,000 in Local Government Aid. In addition, there will probably be another effort by the Retail Grocers Association to allow wine sales in grocery stores. That would be a concern for the City because the revenue from the municipal liquor stores is a large part of the general fund. Another factor is the possibility of a bonding bill for some funding for Northstar. While the loss of 13 Republican House seats may contribute to compromise, the best bet is that we will see continued stalemate. Dr. Burns stated some of the budget issues discussed include the Council-Commission survey, the Springbrook Nature Center levy, the property tax levy, the five-year Capital Improvements Plan, the transfer of reserves to Capital Improvements, salaries, health insurance benefits and utility rates. The budget turns out to be $16,442,000 which is about $3.2 million more than the 2004 budget. The big reason for the increase is the Capital Improvements projects increase which is $2,945,000. There is very little increase in the other funding areas. The General Fund increased by only 1.3%. Personal service costs constitute 74% of the General Fund budget and increased $217,422 or 2.4%. There have been no additional layoffs and no increases in full-time staffing. The budget does reflect a 3% COLA increase and a 2.8% decrease in the cost of employee health insurance. The increase also includes an additional $57,619 in FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 5 funding for part-time employees, including approximately $25,000 for mowing the University Avenue corridor. The cost of supplies was reduced by $168,881, mainly because we do not have the purchase of the air masks that we had last year for the Fire Department. The services and charges budget category increased by $67,603, part of which covers an increase in legal fees. Dr. Burns stated Capital Outlay increased by $53,300 due to a lot of deferred spending for trucks and other equipment in 2003. Included is the purchase of 4 police squads, Parks Maintenance equipment and a single axle dump truck for the Street Maintenance Division. The Special Revenue Funds are new funds outside the general fund and include the Cable TV fund. A job assessment was done for the Media Specialist position which gave him an increase in 2003 and is reflected in this budget. The Grant Management Fund is up a little due to some changes in the compensation for the Section 8 Coordinator and her assistant. The Solid Waste abatement amount is up slightly due to the new contract, and the Police Activity Fund also increased. The Capital Improvement Funds include reconstruction of 3.8 miles of City streets in four Fridley neighborhoods and building and equipment at $750,000 for a new aerial truck for the Fire Department. After finro years of no improvements, we will be doing court resurfacing in parks, replacing carpeting at the Springbrook Nature Center, and replacing a roof and upgrading the restrooms at Community Park. Dr. Burns stated the funding for water, sewer, storm water and liquor funds is down by $432,000, most of which is attributable to the change in budget for costs of goods sold for the municipal liquor stores. The budget for the water fund reflects an increase of 10.8% because of additional costs for treatment chemicals, depreciation costs for 2004 and 2005 capital improvements, and additional debt service. The sewer fund is 1.3% lower than the budget for 2004 reflecting lower treatment costs from the regional sewer service provider, MCES. The Storm Water Fund budget is 4.5% greater than 2004 due to expenditures for the Clean Water Project at the Springbrook Nature Center and increased depreciation costs for capital projects. The Liquor Fund reflects a 9% reduction due to revised estimates of "the cost of goods sold." Dr. Burns stated the 2005 levy increases include the $110,220 increase that is allowed by the City Charter. It also includes an additional $1,198,984 to restore revenues lost by state reductions in Local Government Aid. The City had a one-time opportunity to do that so they chose to levy that entire amount back. Another addition is the $275,000 approved by voters this fall for the Springbrook Nature Center. The impact of this is that the owner of a$200,000 Fridley home will be taxed an additional $65 per year as a result of the LGA recovery and $26 per year as a result of the passage of the Springbrook Nature Center levy. Most homeowners will also face additional taxes from the uneven distribution of property appreciation. There has been a fairly dramatic shift of the tax burden the last couple of years. As a result of changes introduced by the legislature in 2001 the burden of commercial and industrial property has fallen by about 20% and the burden on residential property has increased by about 20%. Another issue is the State's cap on appreciation to prohibit the value on a single family residential property from increasing any more than 8'/2%. That cap has been raised to FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 PAGE 6 12% for this year and 15% for next year. The best estimate of the total tax impact for all taxing jurisdictions in each of the Fridley school districts based on a$200,000 home range from $279 in Spring Lake Park to $346 in Anoka-Hennepin with Columbia Heights taxes going up $281 and Fridley District 14 taxes going $331. Dr. Burns further explained that by the end of 2005, the City's fund balances available for City operations will have been reduced to $14,899,992. This represents a 34% ` decrease since the end of 2000. Although we commonly refer to these funds as discretionary, most of them are reserved for specific purposes. Of the projected fund balance for 2005, we estimate that $10,426,405 or 70% is reserved for street � reconstruction and other capital improvements. Another $3,846,312 or 26% is needed for working capital to tide us over between revenue settlements. Dr. Burns discussed City revenues. He said comparing General Fund expenditures for years 2000 to 2005, we will need transfers from other funds amounting to $1,298,883. This amount will include transfers of $500,000 from the Liquor Fund, $488,283 from the Police Activity Fund, and $250,000 from the Closed Debt Service Fund. Part of the problem is these funds are disappearing. This clearly demonstrates the City's shift since 2000 towards reliance on property taxes rather than intergovernmental revenues. In 2000, taxes were about 34% of the total and by the 2005 budget property taxes will make up 62.2%. Intergovernmental values were at almost 31% of our total and are now down to 7.1 % and will eventually disappear altogether. He said that constant dollar expenditures for 2005 are actually less than expenditures for every year since 1995. Dr. Burns stated that while there has been some rebound in the value of new construction and continued appreciation of property values, there are clear signs of continued decline of the Fridley economy. New construction was $20.6 million compared with $14.5 million last year but we are still not up to a good healthy average in new construction. Unemployment has climbed from an average monthly rate of 4.56% in 2003 to 4.8% in 2004. The increase in unemployment has been accompanied by continued loss of jobs; loss of more than 2,000 jobs between 2001 and 2003 and the loss of more than 1,000 manufacturing jobs in the same period. The loss of jobs has been accompanied by an increase in property values. Overall, values are up by 7.7%. Homesteaded, single family property values are up by 13.1 %. Smaller apartment units are up by 36.1 % and larger apartment buildings are up by 29.1 %. At the same time, commercial property values have increased by only 1.6% and the value of industrial property has risen by 5.5%. Dr. Burns said the overall incidence of crime is down by 14%. More serious crimes " have remained at 2003 levels with variations within categories of crime. Less serious crimes are down in almost every category. He stated that Anoka County reports a _ 14.8% increase in the number of Fridley residents receiving cash assistance and/or food stamps. School District 14 reports about the same number of students receiving free or reduced meals--about 36% of all students. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 7 Dr. Burns stated the budget was drafted within the context of legislative stalemate and freedom from state-imposed levy limits. New taxing freedom has come at a time when tax burden on different classes of property is shifting from commercial, industrial and higher valued residential property to more moderately valued residential property. Higher property taxes are also accompanied by a loss of jobs, particularly manufacturing jobs. The two most significant characteristics of the budget are its property tax increases and its commitment to street improvements. While the budget maintains financial support for quality governmental services, it will come at a price tag of an additional $2.7 million impact on cash reserves. There is also a$522,000 impact on utility reserves as a result of the Charter amendment being defeated this fall and a substantial impact on general fund transfers. Declining reserves and potential loss of even more State revenue could force the City to make some tough choices for the 2006 budget and beyond. We may need to look at new revenue sources, further cuts in operating expenditures and the redirection of funds designated for capital improvements to operating expenditures. There are finro potential needs that may be competing with each other for these funds at some point. We need some source to balance the General Fund but we have the other competing entity in the form of utility funds. If we burn down all the reserves in the utility funds, it could force the City to look for general capital improvement monies to fund our utilities. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., questioned the $25,000 for mowing the University corridor. He stated it should be the State's responsibility. He said senior citizens are on a fixed income and if the City keeps raising taxes, it will force seniors out of Fridley. Mr. Dale Bowen, 5181 St. Moritz, stated it appears the budget for 2005 is pretty well set and his comments will probably have to be for the 2006 budget. In 2004, the Fridley component of his property taxes increased 20% and the overall taxes increased by 14.1 %. For 2005, the Fridley component is going to be a 35.9% increase with a total overall increase of 17%. He asked Council to set some type of limit on the increase for the 2006 budget before they begin the budgeting process. Ms. Pam Reynolds, 1241 Norton Av. N.E., stated she printed off the budget message from the City's website. She was concerned about the significant increase in the Capital Improvement Fund and asked if these expenditures are really necessary. She questioned the overhead charges for the municipal garage. Dr. Burns, City Manager, stated that is a new fee the City is charging for the users of the municipal garage services. Mayor Lund explained this is not new money but is simply being segregated so it can be better identified. Ms. Reynolds asked about the Debt Services Fund, particularly the pay-off of a bond issue from 1996. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 8 Mr. Pribyl, Finance Director, explained the City sold an advance refunding bond and at that time received proceeds that would refund that with the proceeds we received off of the bond issue. So it is actually not funds that the City has accumulated over the past years. Ms. Reynolds stated it appears the City grabbed at an opportunity with significant increase in capital improvements and because the State has given the opportunity to levy back 60%, the City is taking advantage of that. She then asked how Council approved the street improvement project before there was money to do it. Mayor Lund stated the funds for that project were sitting in reserves and those reserves are quickly dwindling. The Council chose to accelerate the capital improvement projects before those funds are gone. ' It is a very prudent decision that came about after very lengthy discussions. Dr. Burns added that some of the equipment is being purchased out of the water and sewer fund, not the general fund. Mayor Lund stated two years ago the City stopped all capital expenditures except for the street reconstruction program that was at a smaller scale than is being proposed now. But the City knew that this could not go on forever; squad cars must be replaced, the 30 year old fire truck must be replaced, and the purchase of a pot patcher is cheaper than contracting out street repair to a private contractor. He added that Council has looked at expenditures very carefully to try to minimize any impacts. As an example, the fire truck they are purchasing is a multiple use truck that will do more tasks. Ms. Reynolds asked if the 2005 budget has been put in place taking into consideration what our normal operating costs should be and have been. Mayor Lund stated the budget increase is only 1.3% compared to the 2004 budget that included a lot of cuts. Ms. Reynolds representatives properties. commented that Fridley citizens need to contact their State regarding the proposed adjustment to market value for residential Councilmember Barnette commented that the culprit in the budget increases is the State cuts to local government. Mr. Don Holum, 6575 Monroe Street N.E., questioned the $65 increase on a$200,000 home and the 12% cap that was referred to. Dr. Burns stated the impact of the levy back that the City has included as a part of this budget would cost $65 on a$200,000 home. The State has legislation in effect that FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 9 limits the increase in the market value of homes for tax purposes which has been 8.5%. This year, it was increased to 12% and for next year it has been increased to 15%. Mr. Holum stated in 2002 his property taxes were $1,120, in 2003 they were $1,583 and for 2004 his property value increased $17,000 and his taxes increased 1.7%. For 2005, his total properly tax is estimated to be $1,909 on a house valued at $180,000. He believes this to be excessively high. Mayor Lund commented that even if the City had made no increases, Mr. Holum would still see a significant increase in his property taxes due to State changes. Councilmember Barnette asked Mr. Pribyl if the surrounding cities in Anoka County have similar increases. Mr. Pribyl stated Fridley's rate has climbed but remains comparable to other cities. Dr. Burns commented that Fridley was the lowest in 2004. Mr. Holum suggested there be a committee created, for which he would volunteer, to study the property tax issue. Cou'ncilmember Bolkcom commented that the City belongs to the League of Minnesota Cities and the Association of Metropolitan Municipalities and works very closely with those organizations to lobby for City issues at the State level. Ms. Sally Himle, 1588 Woodside Court N.E., stated as a State employee she is keenly aware of the budget problems the State is facing. She questioned the 2.8% decrease in health care costs. Dr. Burns explained there has been some downward shift in the health care costs for employees and the City was very successful in getting good premiums from our insurer this year. Ms. Himle questioned if residents will see a similar increase in property taxes next year. Dr. Burns responded that this is a one-time increase and we will be back to the rate of inflation next year. Ms. Himle commented this City has been particularly good at keeping the tax rate low for many years. She asked what accounts for the lower appreciation for commercial and industrial properties. Mr. Pribyl stated that market has been very flat compared to residential sales and that is one of the requirements the mass appraisal system has to deal with. The commercial and industrial market has not seen the level of sales that the residential properties has. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 PAGE 10 Dr. Burns stated in past years, retail sales in Fridley have declined which has an impact on the value of commercial property as well. Ms. Himle asked how long it will be before the very large capital improvement funds will be requested again. Mayor Lund commented that the street improvement projects make up a large portion of these expenditures and those funds are already in reserve. Councilmember Barnette commented that another factor is the Council has no idea when the State aid they can now apply for will no longer be available. Ms. Himle questioned if any of the increase will go into reserves for next year. Dr. Burns stated there is nothing going into reserves from the levy. He said the City was $1.3 million short of covering the General Fund. Pete Eisenzimmer stated every year for four years the property value of his home has been going up. This year alone the increase was 20.9%. The City should budget and live on what they have rather than raising taxes. Councilmember Billings responded to the question regarding the difference befinreeri the commercial and residential tax burden by explaining that the market tends to escalate for single family homes when the interest rate is low while commercial and industrial properties face a different base of lending. Also, as new commercial and industrial properties are built, if the economy is not growing, what tends to happen is that existing commercial and industrial property cannot compete for the higher dollar value. As far as the increases in property taxes over the past few years, he encouraged residents to look at the property tax statements for those years, particularly the line reflecting the state aid to local government. He further stated that sales taxes were created to set up a funding mechanism to reduce property taxes. The State has now decided that they are no longer going to give that money to the cities and counties to reduce property taxes, even though that was the whole reason sales taxes were created. The State is now using that money to pay for the general operation of the state. Also, if you look at the gross levy the City of Fridley sends to the County, from 1990 until 2004, that number has been much less than the total amount of inflation. This is based on the fact that the State has changed the valuation of commercial and industrial property. The legislature, by specific action, has changed the relationship between what commercial and industrial property pays and what residential property pays. Ten years ago in the City, one-third of our property valuation was commercial and industrial and they paid two- thirds of the taxes. Single family homes were finro-thirds of the value but only paid one- third of the real estate taxes. The legislature is shifting that because they are changing the manner in which value is placed on commercial and industrial property for tax purposes and what single family homeowners pay for tax purposes. The goal of the legislature is to make it even across the board. So the two-thirds that commercial and industrial used to pay is now down to one-third and the one-third that residential used to FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 PAGE 11 pay is now up to two-thirds. The City is holding the line on its spending and the total revenues it receives, but the State is changing where those revenues come from. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if the Council can legally take action on the budget tonight. Mr. Pribyl explained this was simply the public hearing on the budget and action cannot be taken until the next meeting. 2. Special Use Permit Request, SP #04-05, bv Home Depot USA, Inc , to Amend their Existina Special Use Permit to Allow the Exqansion of their Garden Center, Generallv Located at 5650 Main Street N E(Ward 31 Councilmember Bolkcom referred to the frequent issues that staff has had with outdoor storage at the Home Depot location. She asked what steps Home Depot will take to ensure this does not continue to be a problem. Mr. Mark Thomas, Home Depot Store Manager, stated the reason they are expanding their garden center is to be a better neighbor for the City. He explained he met with the Regional Vice President and the District Manager to discuss the City's expectations and what needed to be done to meet them. To ensure better follow-through, a printed hand- out was prepared to be passed on to new store managers regarding what the special use permit entails. Home Depot is spending the money to expand the building which will allow them to hold the product they need. He pointed out that the assistant manager and the department manager are also present at tonight's meeting. He explained that included in the information packet for new managers is pictures of what should and should not be done, details of the special use permit, and what the City's expectations are. He added that their goal is to keep the outdoor area free of storage and pointed out that currently the property looks much cleaner than it has in the past. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Special Use Permit Request, SP #04-05, for Home Depot with the following stipulations. 1. Petitioner to submit written approval from Excel Energy regarding building in their easement prior to issuance of a building permit. 2. Petitioner to keep 20-foot drive aisle along the south side of the property clear of any debris and merchandise. 3. Materials within the garden center shall not exceed the height of the fence or walls of the garden center. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 PAGE 12 4. Proposed garden center addition to be architecturally compatible with the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside of the confines of the garden center walls. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION . CARRIED UNANIMOUSLY. NEW BUSINESS: 8. Informal Status Reports Councilmember Bolkcom stated she will not be present for the December 13 Council meeting. Mayor Lund reminded the viewing public that in consideration of the upcoming holidays, the next Council meeting will be held December 13. Also, the Islamic Center's application will be before the City Council that night. No action will be taken on this matter, however, until the first meeting in January. Dr. Burns stated the 60-day action requirement expires on or about December 13. Mr. Hickok stated they discussed this with the Islamic Center and a written notification will also be sent. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:15 PM. RespectFully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor G CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 17, 2004 CALL TO ORDER Chairperson Savage called the November 3, 2004 meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Saba, Leroy Oquist and Brad Dunham. Others present: Stacy Stromberg, City Planner Julie Jones, Planning Coordinator Scott Hickok, Community Development Director Rebecca Brazys, Recording Secretary Tom Myhra, 6360 Able Street NE Tim Neeb, 6041 Woody Lane NE AI and Paula Thoreson, 1314 Hillcrest Drive NE Mary Petersen, 1049 Gardena Avenue NE Dave and Sherry Lindes, 5928 Woody Lane NE Joan McLaughlin, 1050 Gardena Avenue NE Christine Bellard, 1322 Hillcrest Drive NE Thomas Bard, 6003 Gardena Circle NE Richard and Olga Palmer, 1329 Gardena Avenue NE Jim Million, 1579 Ferndale Avenue NE Bob Barnette, 541 Rice Creek Blvd NE Julie Archer-Kath and Jane Diuninck, 1348 Hillcrest Drive NE Carol Masserano, 1550 Camelot Lane NE Roger and Yvonne Engstrom, 5724 Matterhorn Drive NE Lawrence and Meredith Hills, 5712 Matterhorn Drive NE Fortinse Tiaghoin, 6160 Briardale Court NE Archa Ivey, 6160 Briardale Court NE James Ivey, 6160 Briardale Court NE Don Brummer, 5700 Matterhorn Drive NE Spencer and Gay Minear, 1291 Gardena Avenue NE Mushtaq A. Syed, 1303 Fireside Drive NE Rick Ahu, 5477 East Danube Road NE Abdisalam Adam, 5708 Jefferson Street NE Kais Guiga, 1401 Gardena Avenue NE Martin D. Schutz, 5991 Gardena Lane NE Slah Jendoubi, 1604 Briardale Road NE Nafisa Farah, 5708 Jefferson Street NE Fawzis Moher, 722 99th Circle, Blaine Tom and Lynn Lasser, 5840 Tennison Drive NE Anwar Abdel-Karim, 5400 Matterhorn Drive NE Eman Abdel-Karim, 5400 Matterhorn Drive NE Heba Abdel-Karim, 5400 Matterhorn Drive NE Raman Hamade, 1001 Lynde Drive NE Hala Bazzi, 1001 Lynde Drive NE Elsie Honscon, 6000 Stinson Blvd NE 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 2 of 22 Don and Pat Lewis, 6001 Gardena Circle NE Jim Hamilton, 5990 Oakwood Manor NE Jennifer Maxwell, 6818 N Overhill, Chicago, IL 60631 Mark Thomas, 5650 Main Street NE Matt Anderson, 5650 Main Street NE Brian Collins, 5650 Main Street NE Pam Reynolds, 1241 Norton Avenue NE Mark Schwartz, 1372 64th Avenue NE Mike Gannucci, 1332 Hillcrest Drive NE Jim and Joan Hunta, 6014 Wood Lane NE Ray McAfee, 1360 Hillcrest Drive NE Mary Pretrine, 6177 Heather Circle NE George Bateson, 6192 Heather Circle NE Dick Alexander, 1281 Gardena Avenue NE Anisa Aluisanni, 1350 44'/2 Avenue NE, Columbia Heights Fariba Soavani, 1348 44'h Avenue NE, Columbia Heights Abdulla Mamdani, 5812 Matterhorn Drive NE James McShane, 5800 Matterhorn Drive Ahmed Omar, 5201 Drew Avenue N, Brooklyn Center Zahra Ismail, 1591 68th Avenue NE Pat and Anne Kile, 1310 Hillcrest Drive NE Gary King, 1349 Hillcrest Drive NE Bashir A. Moghul, 1465 Gardena Avenue NE Steve and Joan Glasper, 1324 Hillcrest Drive NE Donald Anderson Jr., 7304 West Circle NE Irfan K. Sandozi, 2166 Lakebrook Drive, New Brighton Zafar Siddiqui, 783 101St Avenue NE, Blaine Rafi Sohail, 10126 Monroe Street, Blaine Adil Khan, 525 81St Avenue N, Brooklyn Park Afshan Anjum, 2166 Lakebrook Drive, New Brighton Hassan Abdillahi, 722 99th Circle NE, Blaine Bob Boldaulf, 6045 Gardena Lane NE Patrick Vescio, 1331 Hillcrest Dive NE Bill and Mary Simms, 1494 Gardena Avenue NE Lamaa Elsharif, 5750 Jefferson Street NE APPROVE PLANNING COMMISSION MINUTES — November 3, 2004 MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok introduced Julie Jones, the new Planning Coordinator for the City of Fridley. PUBLIC HEARINGS: 1. Consideration of a Special Use Permit SP #04-05, bv Home Depot USA, Inc. to amend their existinq special use permit to allow the expansion of their ctarden center qenerallv located at 5650 Main Street NE. 2 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 3 of 22 MOTION BY Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 PM. Stacy Stromberg explained the petitioner is seeking a Special Use Permit to allow an expansion of the Home Depot Garden Center at 5650 Main St. This expansion will be to the south side of their building, will be 20 by 189 feet in size and will provide an additional 3,780 square feet of space to offload and prepare for sale garden materials. In 1995, Home Depot was granted two Special Use Permits one of which was to allow a garden center or nursery which requires outdoor display or storage of inerchandise. The second Special Use Permit allows establishment of drive in types; selling, serving or operating goods or services directly to customers in waiting or parked vehicles or for customers who return to their vehicles to consume the goods or services while on the premises. Any changes to these Special Use Permits require the approval of another Special Use Permit. Ms. Stromberg stated the subject property is zoned C-3, General Shopping and is approximately 11.6 acres in area. When Home Depot was originally constructed in 1995, the City approved the project with the stipulation that no plant sales were to occur outside the confines of the garden center. Home Depot agreed to that stipulation. In the spring of 1996, the Home Depot became in violation of the stipulation as well as the outdoor storage code by displaying merchandise for sale outside of the garden center. Staff contacted management several times through correspondence and visits to alert them of the violations. No action was taken by the Home Depot management to resolve the violation, so a citation was issued and filed at the Anoka County Court. Ms. Stromberg stated, the result from that court process was for Home Depot to pay a fine and have no similar violations for one year. When the Home Depot corporate office was notified of the violation after the citation was issued, the outdoor storage issues were immediately remedied. At the same time, the City Council held a meeting to revoke the Special Use Permit and instructed the Home Depot to keep their site free of any outdoor storage and kept the public hearing open. Over the last eight years, Ms. Stromberg stated, City staff has had to contact Home Depot at least once each spring and summer season regarding outdoor storage. They are planning this 20 by 189 foot expansion to allow additional space for off-loading and preparation area for plant material as well as for a staging area. As a result, the addition will help to alleviate the outdoor storage issues that have occurred on this site. On the south side of the subject property, Ms. Stromberg explained there is a 30 foot Xcel easement that the proposed addition will encroach into. The petitioner has indicated that Xcel has reviewed the ptans for the addition and do not have any issues with it; however they will not put anything in writing until the City approves the addition. Ms. Stromberg stated this addition will allow traffic to continue circulating around the building with the provision of a 20 foot drive aisle. The expansion will result in the elimination of four parking stalls, but the parking requirements for this site will still be met. The property currently and will continue to meet all setback and lot coverage requirements. Ms. Stromberg stated that staff recommends approval of this Special Use Permit as it is a modification to their existing Special Use Permit and will help to alleviate the outdoor storage K� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 4 of 22 issues there have been on this site. Staff recommends that if the Special Use Permit is granted, the following stipulations be attached: 1. Petitioner to submit written approval from Xcel Energy regarding building in their easement prior to issuance of a building permit. 2. The Petitioner shall keep the 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. The materials within the garden center shall not exceed the height of the fence or walls of the garden center. 4. The proposed garden center addition is to be architecturally compatible with the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside the confines of the garden center walls. 8. Prior to issuance of a building permit the petitioner is to illustrate on the site plan the location of the staging area within the garden center. Mr. Kuechle questioned the reason for stipulation 6. He stated the fence around this area is "closed ofF' so it cannot be seen through so it shouldn't matter if there is storage in that area. Ms. Stromberg responded this is a standard stipulation that was included in the first Special Use Permit granted to Home Depot. Mr. Hickok stated this is an important stipulation because it does help control outdoor storage of large merchandise that might block fire and emergency access. There have been examples in the past when large bulk merchandise was warehoused in the garden center in the off season. Jennifer Maxwell, Greenberg Farrow Architecture, representing Home Depot, questioned stipulation 5 regarding the storage of fertilizer and pesticides. She explained that a portion of the garden center has a corrugated metal roof and asked if that area would meet the requirements in stipulation 5. Mark Thomas, Home Depot store manager, explained that they have a sweeping program to keep the aisles clear in the areas where the fertilizer and other hazardous materials are stored. Those sweepings are placed in a hazmat container and transferred by a hazmat certified carrier. Also, no water gets to the fertilizer that is displayed and stored under the metal roof. Mr. Hickok explained if the canopy keeps rainwater out of the area where fertilizer and pesticides are stored, thaYs the important issue. Staff is concerned that if these items are affected by rainwater, there could be hazardous material getting onto the floor and eventually into the run-off from this property. Staff will be glad to take a look at this area and if they're not comfortable that the material is being protected from the weather, Home Depot will be asked to store it inside. Mr. Thomas commented there is approximately 16 feet between the outside roof lane and the first bay of fertilizer so there is a significant amount of roof covering. Chairperson Savage asked if the petitioner has concerns about any of the other stipulations. � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 5 of 22 Ms. Maxwell stated they do not. Ms. Johns asked if this proposed addition will alleviate the outdoor storage problems that have occurred in the past. Ms. Maxwell stated that it will. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 PM. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend approval of a Special Use Permit, SP #04-05, by Home Depot USA, Inc. to amend their existing special use permit to allow the expansion of their garden center, generally located at 5650 Main Street NE, with the following stipulations: 1. Petitioner to submit written approval from Xcel Energy regarding building in their easement prior to issuance of a building permit. 2. The Petitioner shall keep the 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. The materials within the garden center shall not exceed the height of the fence or walls of the garden center. 4. The proposed garden center addition is to be architecturally compatible with the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside the confines of the garden center walls. 8. Prior to issuance of a building permit the petitioner is to illustrate on the site plan the location of the staging area within the garden center. Mr. Oquist abstained from voting on this matter since he is a part-time Home Depot employee. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY (WITH MR. OQUIST ABSTAINING). 2. Consideration of a Special Use Permit, SP #04-06, bv Anwar Abdel-Karim, Islamic Center of Minnesota to amend their special use permit to allow a school expansion to be used for classrooms and a multiple purqose room, qenerallv located at 1401 Gardena Avenue NE. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:53 PM. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 6 of 22 Julie Jones, Planning Coordinator, stated the petitioner is seeking a special use permit to allow an expansion of the existing private school which is located at 1401 Gardena Avenue. This school and religious center exist as a result of a previously granted special use permit to allow a private school and church at this location. The Islamic Center purchased the property in 1988. Ms. Jones explained that the Islamic Center property at this location is a rather odd shape due to the fact that it was originally developed as a walk-in elementary school, which explains the extensions to Hillcrest Drive and Oakwood Manor. The Islamic Center also owns the property located at 1345 Gardena Avenue and 1413 Gardena Avenue. The home at 1413 Gardena is currently used to house a day care for the Islamic Center. All the Islamic Center property is zoned R-1, Single Family, as are all of the surrounding properties. To the south of this site is Totino-Grace High School. The subject property was developed in 1967 when Gardena Elementary School was constructed. Gardena Elementary closed in the fall of 1978 due to the projected decline in student enrollment. The school was then sold to Faith Academy and the City has since considered severat special use permit applications for this property. Ms. Jones stated, the Islamic Center purchased the property in 1988 and the AI-Amal School opened in September of 1994. The AI-Amal Schoof opened in September of 1994 and leases space in the building from the Islamic Center. The AI-Amal School provides education for children ages kindergarten through 12'h grade and was founded by parents and community members who wanted an alternative to public school for their children. The AI-Amal Sehool serves Muslim children and their families from the Twin Cities and the surrounding suburbs and is the only Islamic school in Minnesota. The AI-Amal school classes are in session Monday through Friday with extra-curricular activities provided in the evening. The Islamic Center holds Sunday school for children on Sundays and a time of prayer for the adults. No regular scheduled religious services are currently being held at this property. Ms. Jones stated the Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school with a two-phased addition. The first phase of the addition will extend to the northwest of the building and will include 14 classrooms, a lounge, meeting room, and rest rooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase will continue beyond the first phase to the northwest and will include a large multi-purpose space, a gym / gathering type space, locker rooms, a library, a book store, a new main entry and various administrative offices. This space would be 24,614 square feet and is tentatively planned to be constructed within 5 to 10 years of completion of the first phase. Mrs. Jones explained that the AI-Amal staff has stated Phase I is essential for the school to retain its student base. Even though Phase II isn't on the horizon any time soon, it was included in this request to show their overall master plan for the site as staff had requested. The architect has designed Phase I to have a one-level appearance to coincide with the existing school building. The multi-purpose room proposed for Phase 2 will not be a Mosque. `fhe Islamic Center's Mosque currently exists in Columbia Heights and they have no plans to relocate it, even if Phase II is constructed. It should also be noted that the minaret (tower from which the prayer callings are made) shown on the site plan on the east side of the alcove on Phase II will not be constructed. The Islamic Center has informed staff that they hadn't intended to have a minaret at this site and it should not have been included on the site plan. Ms. Jones stated the school currently serves approximately 300 children between the grades of Kindergarten through 12`h. Since this building was originally constructed as an elementary school, there is limited space to service middle school and high school children, such as science �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 7 of 22 and computer labs. These services are essential for a private school to attract students in today's market. Currently the gym serves as recreation space for the students as well as the cafeteria and cafeteria for the high school students. The prayer room and library are also being converted into classrooms on a daily basis. Because of the lack of space most of the middle and high school grades have been combined. The Islamic Center has noted to staff that this 36,537 square foot building would work wonderfully for the elementary children but the need for additional space is to attract and keep the children in the middle and high school grades. Ms. Jones stated the main reason for the addition is simply because they have outgrown their existing facility and because they want to provide additional high school education opportunities. They currently do not have space to incorporate certain educational needs such as science labs, computer rooms, a library and a music room. As a result of not having these types of services, the Center has lost some of their student body. Constructing this addition will reduce crowding and provide the extra space needed for special classrooms. The Islamic Center hopes this will result in bringing some of their lost student population back. Ms. Jones stated the school will be physically larger; however the student population and the teacher to student ratio will stay very close to what they currently have. This addition is meant to provide necessary space for the students and activities that already exist in cramped quarters. The Islamic Center has indicated to staff that they don't expect to grow much beyond the 300 students they currently have. One of the attractions to a private school is small class size, so even with the proposed addition, they believe that 500 students would be a"dream" but 400 total is more realistic. The AI-Amal website, Ms. Jones explained, states that they hope to grow to 1,000 students. This statement has been clarified by the AI-Amal school to mean that it is the ultimate dream of theirs to be at 1,000 students. However, if that dream were to come true, the school would move to a different location. In fact, the architects have informed them that it would be impossible to accommodate a 1,000 students on this site. Mr. Hickok proceeded with the presentation stating that Fridley City Code requires that the minimum amount of parking stalls for this site is 212 with the existing building and Phase I and II. To meet those requirements, the petitioner will need to construct the code required parking stalls for the existing facility and Phase I, which is 102 parking stalls. The remaining 110 parking stalls can be a proof parking until Phase II would be constructed. The AI-Amal school, Mr. Hickok stated, doesn't allow their children to drive to school which results in the need for less parking. The Islamic Center also has a cross-parking agreement with Totino Grace. This agreement allows the Center to use Totino Grace's parking lot on a space available basis when Totino Grace is not holding normal classroom activities. The Islamic Center has indicated to staff that they have a very close relationship with Totino Grace and they coordinate their schedules so both schools don't have big events happening at the same time. Mr. Hickok explained that Fridley City Code also requires that the maximum lot coverage requirement in an R-1, Single Family zoning district is 25%. It also requires a 40 foot rear yard setback. The proposed project with the existing and proposed additions has 13% lot coverage and a 40 foot rear yard setback, both of which meet the code requirements. A church and school use, Mr. Hickok stated, in the R-1 Single Family zoning district may be more closely compared to the CR-1 General Office zoning district requirements. This zoning 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 8 of 22 district is more typical of businesses that can closely interact with a residential district. The code requirements allowed in this district are 40% maximum for lot coverage and a 25 foot rear yard setback. Mr. Hickok stated Fridley City Code also requires lighting to be shielded and downcast and to not extend over the property line. The petitioner will need to comply with all code requirements including but not limited to lighting, screening, landscaping, etc. The proposed expansion of the school was designed in a manner that allows the scale to relate to the lower-rise residential structures that surround the campus. Phase I is designed to primarily be a single story with some architectural embellishments that will then relate to Phase II once it has been completed. Phase II has a large peaked roof over the multi-purpose area. The mass of this roof has been diminished by stepping it back beyond a single story fa�ade. This has a positive influence in pulling down the scale of the taller portion of the building so, again, it can relate to the lower rise residential structures around it. The exterior material of the additions will be primarily stucco. Mr. Hickok stated Fridley City Code does have a wetland overlay district but it does not restrict how close a building can be located to a wetland. Therefore, City staff contacted the DNR to get their advice on what a proper building setback would be from the wetland located on the Islamic Center property. The DNR informed staff that this particular wetland is not a"protected wetland." As a result, the DNR doesn't have restrictions on how close you can build to a non- protected wetland. The closest portion of the proposed building addition in Phase 2 woutd be 48 feet from the delineated edge of the wetland. Mr. Hickok explained that the petitioner has hired Brian Burgener with Svoboda Ecological Resource to delineate the existing wetland. The wetland has been delineated and the wetland boundary has been identified. Currently, the petitioner's consultant is working with the Rice Creek Watershed to evaluate any additional restrictions that might be on the site, in relation to the wetland. Mr. Hickok stated Fridley City Code requires that no land shall be altered in a way that would result in water run-off that would cause flooding, erosion or deposits of minerals on adjacent properties. The petitioner is proposing to locate a storm pond to collect a majority of their run- off on the lot at 1345 Gardena Avenue. Fridley Engineering staff will review the project to ensure that engineering calculations of the project's engineer protects the integrity of the state's run-off requirement and to ensure neighboring property owners aren't affected by this addition. Mr. Hickok stated staff reviewed the City's Comprehensive Plan's Transportation Chapter to evaluate the traffic capacity for Gardena Avenue. It indicates that Gardena Avenue's daily traffic capacity is between 8,000 to 9,000 vehicles per day, to be considered to function at a Level of Service (LOS) D. The 2001 traffic count on Gardena Avenue, east of Matterhorn Drive, was 4,150 AADT (vehicles a day) which is approximately 50% of the capacity it could handle in a given day. Currently, the students are dropped off in front of the school through the use of street / curb expansion. The proposed addition will allow the busses and parents to drop the children off in front of Phase I, within the new parking lot expansion; thereby reducing congestion on Gardena Avenue. Mr. Hickok further stated the AI-Amal school currently has 344 students. Woodcrest Baptist Academy has 235 students and Totino Grace has a student population of 1100 students. AI- Amal's campus is just shy of 14 acres. The current building for the AI-Amal school is 36,537 square feet. The Phase 1 class room addition is 15,500 square feet and Phase 11 is 24, 614 square feet. With both Phase I and Phase II built, AI-Amal school will occupy only 13% of their ; CITI' OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 9 of 22 entire school property. The Woodcrest Baptist grounds are approximately 4 acres. Their total building area is 35,433 square feet (original church 3472 square feet, 1967 addition of 4,725 square feet, school 17,000 square feet, gym and prayer space addition 10,236 square feet). Their lot coverage is 20%. Totino Grace High School has 30 acres with just over 250,000 square feet of building for total lot coverage of 19%. Mr. Hickok stated another comparison would be to analyze the student population to the square foot dimension of their respective facility. This number is derived from dividing the number of square feet of facility by the number of students who attend. Totino Grace has 227 square feet of space per student. Woodcrest Baptist Academy has 150 square feet per student. AI-Amal School has 106 square feet per student currently. AI-Amal school will have 153 square feet per student with Phase 1 addition and 227 square feet per student with Phase I and Phase II complete. City staff thought it was interesting to point out these comparisons in order to show the relationship between each school and the amount of land owned and the relationship between the square footage of space and the student population. In alf instances, it shows that the AI-Amal school has less lot coverage or the same student space per square foot than either of the other schools, even if Phase II is completed. Mr. Hickok reviewed the pyramid of different kinds of zoning decisions and the city's discretion to approve or deny land use applications. The importance of the "record" made before the City is an important piece. Tonight's hearing will create a public record for the City. We'll consider the rights of the property owners and the applicants. What an applicant needs to have a project approved, he explained, in the simplest situation is a building permit. A permitted use that has a non-conforming aspect requires a variance approval. A special use requires special use permits. This is a situation where the Islamic Center requires a special use permit and a building permit to proceed. If the City Council approves this request and is subsequently sued, the City must defend its decision based on the record made at City Council and Planning Commission meetings. If the applicant meets City ordinances, the City must issue the permit. Sometimes ambiguous City ordinances are construed in favor of the property owner, usually the applicant. Mr. Hickok stated in the courts viewpoint, neighbors and neighborhoods cannot be given veto power over applications. Advance approval is not required from neighborhoods and neighborhood opposition cannot be the sole basis for denying an application. But the facts and evidence that neighbors provide can support approval or denial. Ms. Jones explained that staff recommends approval of this special use permit, as it is a modification to their existing special use permits which allows a private school and religious activities in the R-1 Single Family District. Staff recommends approval with the following stipulations: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 0 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 10 of 22 7. Petitioner to provide landscaped hedges along the west and south side property lines when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. g. All lighting on the property shall be shielded and downcast and shall not exceed 3 food candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking, shall be installed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to accept into the record correspondence received from Chris and Barb Rodgers, Maija and Frank Sedzielarz, Brian and Beverly Wuertz, Christine Bellard, and Don and Patricia Lewis. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated one of his major concerns was the traffic congestion created by parents dropping off children. He asked if the current curb cut along Gardena Avenue for drop-off will be removed once the new entrance has been established. Mr. Hickok responded that parents may continue to use the existing drop-off zone but will find it more safe and convenient to utilize the new drop-off location. He did point out that the current curb cut does take traffic completely off the roadway. He added that the school does a very good job of communicating such concerns to the parents. Ms. Savage asked about the reference to additional traffic information from the Engineering department. Mr. Hickok stated they did receive the final analysis from engineering today and it mimics what was in the staff report. lt states that Gardena Avenue has 4150 trips; for comparison, Rice Creek Road is 4300 daily grips, North Innsbruck Drive is 5200, 61S` Avenue at the high schoof is 4500 and Mississippi Street east of Central Avenue is 4700. Ms. Johns questioned how the additional run-off created by the new construction will be controlled. Ms. Jones replied that the drainage will be to the south and the single family lot on the south side of the property will be the location for a new retention pond. Final details and calculations will have to be reviewed and approved by city staff. Ms. Johns asked what the depth of the new pond will be and whether there will be any protection around the pond because of the close proximity to the school. Ms. Jones responded that the plans they've seen indicate a rather deep pond and staff raised concerns about the safety issues. Mr. Hickok stated the engineering report states that the additional storm water overflow will be designed to flow to the vacant lot without affecting adjacent properties. Also their ultimate grading and drainage plan must be reviewed and approved prior to any building permits being issued. 10 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 11 of 22 Mr. Kondrick asked if a holding pond could be constructed in the wetland area. Mr. Hickok explained there are a number of different storm pond design alternatives. However, residents are concerned about maintaining the natural environment in that area. Mr. Dunham questioned if the single family lot will be an adequate size for the pond. Mr. Hickok responded that is part of the test that the engineering staff puts such projects through. It is federal law that state and local governments make certain that run-off is being managed properly. No project gets built and permits are not issued without having the proper capacity in the pond based on the hard surface thaYs been added to a site. That proper capacity is something their engineers need to design and our engineers need to approve before they move forward to the next step. Neighbors can rest assured that there will be a direct relationship between the new hard surface introduced to this site and the storm pond capacity thaYs required to mitigate that hard surface. Ms. Johns asked whether the Rice Creek Watershed staff will be included in the approval process. Mr. Hickok stated staff will make certain that all of the concerns of the Rice Creek Watershed staff are addressed. Mr. Dunham asked if Mr. Hickok is aware of other elementary schools with a holding pond on school property. Mr. Hickok stated it is not uncommon and any school constructed today must have a pond as part of its features because schools are not exempt from the law that requires them to mitigate their run-off. Mr. Dunham asked if this (pond) would be a school liability or a city liability if this project is approved. Mr. Hickok stated he's not an attorney, but it is the responsibility of the city to ensure that they're mitigating their storm water. We can't allow the project without a pond even if we feel that iYs something a school would be better off without. Mr. Oquist stated if the approval of this request tonight is for Phase I and Phase II. Ms. Jones responded this would be approval for both phases. Ms. Savage stated it is her understanding that the petitioners were asked by City staff to create a master plan to include the entire project. Mr. Hickok stated Phase II was included at Staff's request because they wanted to make sure where any additional phases might be so it gives everyone a better picture of how the campus will be laid out in a maximum build out phase. Also any decisions regarding Phase I that may be affected by Phase II can be made with a clear picture. He did point out, however, that a special use permit can be called back and further reviewed. So, at such time that Phase II comes along and the Commission wants to take another look at it, which can and should be done. 11 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 12 of 22 Mr. Oquist questioned ifHe fel�t t was prema ulre to inalbde Phase lor Phase i only rather than for the whole complex. Mr. Hickok stated it is important to note that private schools are privately funded and, at any point, could have a financial opportunity to proceed with Phase II much sooner than they anticipated. Mr. Oquist commented that Phase II would have to be built exactly as it has been proposed or they would have to return for another special use permit. He also pointed out that this petitioner requested a special use permit a couple of years ago and never followed through with those plans. Consequently he was not comfortable with granting a special use permit for the entire project. Mr. Hickok stated they did not proceed with the special use permit granted at that time because they determined that rather t eamane n add t on as they are do ng nowms, they would rather wait and invest those funds in a p Ms. Johns asked if the proposed retention pond is being designed to accommodate the entire project, Phase I and Phase II. Ms. Jones responded that is the reason that staff requested they present the entire project, to ensure that they have sufficient parking and storm water retention for the entire proposed development. Mr. Oquist asked how the water from the east side of this site will get to the retention pond on the west side. Mr. Hickok stated it will be piped over. Anwar Abdel-Karim stated he is the Vice President of the Islamic Center. He explained that the students at AI-Amal are suffering due to lack of space and facilities. Some of the rooms in Phase I will be used for a teacher's lounge, a computer lab, a media center, and a music room. Several of the current classrooms have to serve dual uses because there is insufficient space. He stated they conducted an open house in July and invited all the neighbors to share information about th on t e feedb ck they rece v'ed fromesulround ng property owne g shows modifications based Chairperson Savage asked if the petitioner had any problem with the stipulations proposed by City staff. Mr. Abdel-Karim responded that they have no objections to the stipulations. Mr. Dunham asked how deep the proposed retention pond will be. Naeem Qureshi , civil engineer hired by the petitioner, stated this is a very important project for him because his brother had been Fridley City Manager for 18 years. As far as locating the pond closer to the wetland, he explained the slope is pretty steep which is not adequate for a pond location. The watershed district staff has looked at the site. There are several stipulations to consider for such a project including that no additional run-off can be created by expansion. Any additional run-off created by paving and other hard surfaces must be contained on the site and allowed to exit the site at the same rate it currently does. The pond has been sized to take 12 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 13 of 22 care of the entire amount of additional run-off generated on the entire site. He also pointed out that the drive that used to go to the north has been eliminated. They have not done the final design for water run-off, but will work with the City staff. They will be taking an entire lot for the retention pond and anticipate the pond will be 6 to 8 feet deep. Mr. Kondrick asked if there is a need for a second retention area, would there be room behind the building for that. Mr. Qureshi stated they could put a very small pond in that area. Dean Dovolis, project architect, stated they held a community meeting in July and at that time the neighbors asked that there be no connection to Hillcrest to this project. That has been eliminated which should address the neighbors concerns about through traffic. To ensure sufficient access for emergency vehicles, the new entrance to Phase I has been widened to 30 feet. Mr. Oquist asked if AI-Amal coordinates their class starting time so they are not at the same time as Totino-Grace. Mr. Abdel-Karim responded that they do; Totino-Grace starts at 7:00 a.m. and AI-Amal starts at 8:30. Marty Schutz, 5991 Gardena Lane, stated his property adjoins the Islamic Center property along a storm-sewer easement. He expressed his concern for the safety of his 3 children with relation to the proposed holding pond. He also commented on the inability to use Totino-Grace facilities because it is too populated and was concerned that the addition of Phase I and Phase II will increase the problem. He questioned staff's traffic figures and suggested those studies should be expanded to include Old Central due to the new commercial development along that road. He further stated there is already heavy traffic due to so many students driving to school at Totino-Grace and they have increased their extra-curricular activities. Mr. Schutz also stated that the Islamic Center has an arrangement with Totino-Grace to use their parking lot in exchange for Totino using the Islamic Center's ball fields. The proposed expansion would eliminate those ball fields. Also, the City has no control over the Islamic Center possibly selling the property in the future and what the subsequent owner may do on the property. Even though the AI-Amal students are not allowed to drive to school, a future property owner may allow a different situation that would contribute to the traffic concerns which could impact the neighborhood that he's lived in for 26 years. Since the meeting in July, three homes have gone up for sale. Mary Simms, 1494 Gardena Avenue, stated with the parents bringing the students to AI-Amal there's actually four trips per day. To compare this school location to the Woodcrest School is not accurate because that school is on University Avenue while AI-Amal is surrounded by singfe family homes. She believes the traffic has tripled in the 18 years she has lived in the neighborhood. Jim Hamilton, Oakwood Manor, stated when there's a heavy rain, about 6 inches of water flows down 60th to Moore Lake. He also stated he has a mail route in that area and between 10:30 and 11:00 a.m. and 3:00 and 3:30 p.m. the roads are totally congested. The off-street parking currently in front of the school actually creates a blind spot, which is a hazard. He was also concerned about the proposed retention pond. 13 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 14 of 22 Spencer Minear, 1291 Gardena, stated he will be three doors west of the Islamic Center property once this proposal is completed. He questioned the traffic studies stating there are 1500 students coming to that area in a half hour timeframe. He also stated there isn't that much green space on the Islamic Center property as has been represented and questioned where the Totino-Grace students will practice once Phase I and Phase II have completely taken up the practice field area. Additionally, Mr. Minear was concerned about the proposed retention pond that will be near his home and at a higher elevation than his basement. David Phillips, 227 Colfax Av. N, stated he is an architect hired by some of the neighbors to help them review the impact of this proposal. He questioned the 40 foot rear yard setback. Mr. Hickok explained that according to City Code, on a corner lot, the narrowest lot dimension is the front yard regardless how the building faces. So, in this case, the rear yard would be the west property line. Mr. Phillips pointed out that there is a 30 foot height limitation in an R1 zone, yet in Phase II the building height is 45 feet. He also pointed out that the City ordinance allows approval of a special use permit for one year, but this petitioner is asking for approval for a portion of the project that may not be built for ten years. Mr. Hickok explained the R1 district is a residential district, but this is not a residence and is a special use permit for a private school which is there by virtue of a special use permit because it may have impacts beyond which a single family residence may have. One of the things identified in the staff report is that this project is more akin to a CR1 where you'd have an office building next to residential. So the setbacks are greater than the requirements here and the building could be taller in that district. The peaked point of Phase II was planned to be 49 feet. Staff is suggesting that it not exceed what would be permitted in the CR1 which is 45 feet. Also, the architecture has been designed to mitigate that height by setting that higher elevation back in a one story setting at its periphery. That is precisely why there is a special use permit required to do something other than residential in an R1 district. The special use permit does have a provision about using it for one year and Phase I will be done within that one year period, but staff believes it is very important from a planning perspective to know the full build- out of this project. It is also very likely that the petitioner will ask for an extension on the next phases and it is within this board's prevue to call back a special use permit at any point. Don Lewis, 6001 Gardena Circle, stated his back of his house will be 45 feet from the rear property line and the proposed parking lot will be in his back yard. He asked if the parking lot will be 40 feet from the property line. Mr. Hickok explained that a parking lot can come within five feet of the property line. Mr. Lewis was concerned that the parking lot so close to his home would result in a complete lack of privacy unless there is a 6 to 8 foot high fence erected. He was also concerned that snow piled along the edge of the parking lot would melt down into his yard. Howard Rosten, an attorney representing some of the neighboring property owners, stated this property is zoned R1, not CR1. The relevant standards that the City must look to are the R1 district standards and have those standards been met. The R1 district has a height limitation of 30 feet from finished grade, thus the 45 foot height proposed in Phase II exceeds the height limitation. Consequently, a rezoning or a variance would have to be granted to allow the construction of Phase II. A variance requires demonstration of an undue hardship and one of I� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 15 of 22 the standards for undue hardship is whether or not there is any other reasonable use for the property and if there is, then the variance should not be granted. He submitted that Phase II cannot be done by a special use permit. He also stated the rear yard and side yard determination for setback requirements in this case do not make sense and, he believes, also require a variance. He further stated that when questions like this arise regarding a project, the board has the ability to grant a 60 day extension to allow more time for consideration. Mr. Rosten also commented that the statement made tonight that neighborhood opposition is not a reason for denial of a special use permit, but neighborhood concerns are reason enough to delay approval. None of the neighbors has had the opportunity to look at the new traffic study just mentioned in tonighYs meeting. The citizens should have the right to review the study in advance of the meeting. One of the factors in determining whether or not to grant a special use permit is consideration of property values. There were also environmental concerns raised that should be considered. He stated the City's ordinance requires that construction begin within one year of the issuance of a special use permit or it's void. The reason there is a one year limitation is because things change, communities change and it doesn't make any sense to approve something now when we don't know what the situation is going to be in five to ten years. He asked the board to listen to the citizens, the facts and concerns they are presenting and he requested that the special use permit be denied, or at the very least, delayed so that everyone has more time to look at this proposal more carefully and make a decision that will impact this community for many years. Mr. Hickok stated the R1 zoning district does permit other uses and an aspect of those other uses might be mitigation of features that would not normally be part of an R1 district. Historically, that is the standard that has been placed on this site and that is the standard that has been used to review this property. Mr. Oquist commented if iYs an R1 district isn't a variance required to exceed 30 feet. Mr. Hickok explained that is why such a project goes through the special use permit process because there might be features about a use other than residential that need to be mitigated. Mr. Oquist stated the board has been asked to review special use permits in the past where there were variances going on at the same time and he questioned why those variance weren't simply a part of the special use permit. Mr. Hickok stated if there were other issues, such as deviation from setback, a variance would be required. Tim Neeb, 6041 Woody Lane, stated the Islamic Center has been a good neighbor. He expressed concerns about the traffic congestion and asked if the City could restrict the number of students attending the AI-Amal school to try and control the traffic. He was also concerned about the approval of the entire project at this time when Phase I I may not be constructed for quite some time. Kim Balioglu, 6160 Rice Creek Dr., stated he is a parent of one of the AI-Amal students and that he understands the concerns the neighbors have expressed. But he wanted to point out that since he bought his home, property values have almost doubled in Fridley in spite of the expansion of Totino-Grace. He stated AI-Amal is a successful school with 10% of its students in the top 5% of the national average for the lowa Basic Skills test. He stated they are asking for approval of this project to make something that is very good, even better. The expansion will help them to improve and be even more successful. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 16 of 22 Joan McLaughlin, 1050 Gardena, has lived at this address since 1960, is a retired educator of 42 years, values education and appreciates what the Islamic Center is trying to do for their children. She stated she also has the utmost respect for the members of the Islamic Center and their religion. But she believes that two high schools across from each other are not meeting the needs of the neighborhood and that the area was not designed for this. The traffic on Gardena is tremendous and there are times when she has to wait almost half an hour in her driveway before being able to access Gardena. She thinks the traffic numbers quoted by staff need to be investigated. Addisalan Ada stated he is a teacher in St. Paul Public Schools and has two children who attend AI-Amal where they are receiving an excellent education. He stated it is gratifying to hear that no one has raised any issues about the school itself with over 350 students. Paul Kile, 1310 Hillcrest, stated he is concerned about the water run-off, the setback, and the timeline for Phase II. He stated the street is very busy with heavy traffic at specific periods of time and he suggested that sidewalks be added for safety. Zafar Siddiqui stated he has three children in AI-Amal school. He believes Fridley is a warm and friendly community and wants his children to grow up in a school that has a strong value system. What they are asking is to be able to provide their students with the same facilities and opportunities that are given children in other schools. Whatever can be done to make better students contributes to the growth of this country. Paula Thorson, 1314 Hillcrest, which is one of the houses on the west side of the empty lot on Hillcrest stated the Islamic Center has been a great neighbor and she also believes in the importance of education. She did not want to see a sidewalk going across the empty lots because that would just make a walking thoroughfare for people to park on Hillcrest. This is not just a school. This is the Islamic Center of Minnesota that offers a lot of community events such as funeral services, bookstores, food shelves, counseling, health clinic and a library. She has had traffic related difficulties on three separate occasions caused by people traveling to the Islamic Center. Also, the AI-Amal school building is used seven days a week from 7:00 in the morning until late at night. The building proposed for Phase II will be right in her back yard. Jim Million, 1579 Ferndale Avenue, stated he is not an affected owner within 350 feet but found a notice in his mailbox asking him to attend tonight's meeting. This notice states that this proposed expansion will affect the whole community. He stated he doesn't have an axe to grind and is a former city council member from a small Minnesota town. The traffic issue is something that should be considered, but it should be the reality of the traffic rather than the fear. He also suggested that the board listen to the staff recommendations. The proposed use is similar to the use that has been on this property for quite some time. One of the reasons he chose to move to Fridley is that it had advanced from a typical, small, provincial community to a very progressive and modern city manager form of government with a highly competent staff with very well run programs and people serving the city who look out for the interests of everyone else. He asked the board to consider the real arguments, to suppress those that are without foundation. IYs implicit that all city officials uphold what is the key base of the corporate community, which is the property value. He asked that the board find a way to make this project work within reasonable constraints rather than to find ways to see that it does not work. We must look at the real realities, fairness and treat this applicant as the city has treated similarly situated applicants who have come for the same types of relief in the past and have been granted them. He stated this is not an easy decision but he has already seen the staff list so 16 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 17 of 22 many reasons that this project merits positive consideration. He believed the city must look at mitigating any possible negative aspects of this project, but most of that comes in the permitting process not in this special use process. So the board can grant the special use because the technical details will be taken up in the building permit phase. Tom Bard, 6003 Gardena Circle, stated he is concerned about water run-off, traffic and he asked how large the proposed hedge will be. Mr. Hickok explained the code requires a combination of 3 foot berm and hedge to bring it up to 6 or 7 feet in height. Mr. Bard asked if he would have to apply for a permit to put up a fence in his back yard. Mr. Hickok stated the city does not require a permit for a fence under 7 feet high and that fence must be entirely on that person's property. Pat Vescio, 1331 Hillcrest Dr., questioned what the forecasted student population was when Gardena School was originally built. Mr. Hickok stated the Gardena School was designed to hold 450 students. The current population at AI-Amal is 344 with an anticipated total of 400 students. Tom Myhra, 6360 Able St., stated Gardena was the last walk-in school built and the school board was concerned at that time that there was not sufficient property at this location. Olga Palmer, 1329 Gardena, stated they purchased their property in 1969. She pointed out the minimal frontage this school has on Gardena and the entire parcel is surrounded with private homes. She was concerned about the safety of her grandchildren with the proposed retention pond. Bob Baldauff, 6045 Gardena Lane, stated everyone should have a right to have the kind of school they want. But when the students leave this school they cut across their lot and have caused some property damage. He asked that the younger children be supervised when they leave the school. He also complained about plates and other debris left around the school property. Totino-Grace has always been a good neighbor and the improvements they've made to the school have enhanced the neighborhood. He was concerned about liability if a student is hurt on his property. He also commented about the tra�c in the area including double-parking in front of the school. Don Anderson, 7304 West Circle, stated he likes the school. Tim Neeb, 6041 Woody Lane, suggested the Islamic Center look into purchasing an existing school building. David Hammernick, 1340 Hillcrest, stated he understands the need to modernize the school but he asked that the existing zoning ordinance be honored. Ray McAfee, 1360 Hillcrest, stated he has lived there for 50 years and has watched the community change. He questioned if the staff always acts in the best interest of the city. He also stated the postal service avoids this neighborhood during certain times of the day because of the excessive traffic. He believed this proposal was too much building for the property. He 17 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 18 of 22 also complained that the garbage container on the Islamic Center property is always over- flowing. He suggested the school move some place where the neighborhood would accept them. Fahmi Katabay stated he is a father of four children and is an American citizen. AI-Amal school is asking for an expansion that is the community's responsibility. The only thing to be done is to work out the problems and should not be pushing people away from one city to another. The board will never be able to satisfy everyone 100% but should make a decision with good conscience with the future of this city, this county, this state and this country in mind. Todd Belland, 1322 Hillcrest, stated there is plenty of vacant property in the City of Fridley that would be adequate size for this school to locate. He suggested the elementary school children remain in the current location, but the middle school and high school children should be moved to another building and a more suitable location. He asked the Board members to try to imagine looking at a 45 foot high building just 40 feet from their property line. Julie Archer-Kath, 1348 Hillcrest Drive, stated she has lived in Fridley for over 30 years and selected the area because of the cul-de-sac and the reasonable expectation that there wouldn't be a second large school. She is an educator for over 35 years and is still in the education industry. She encouraged the board members to consider the zoning and those people who moved into that area over two decades ago specifically because it was zoned residential. The community is made up of good people and they expect the board to look at all considerations, thoroughly investigate and make sure they have all the facts. This is an issue for the school and the residents expecting the board to do what is right. MOTION by Mr. Saba, seconded by Mr. Kuehl, to accept into the record the notice distributed to property owners. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Abdel-Karim stated his daughter is in 10th grade and they live on Matterhorn Drive. He stated the Islamic Center has only 400 members, a small portion of the Islamic population in the Twin Cities. They have a Columbia Heights location where social activities are conducted. The only thing being done at AI-Amel besides the school operation is Sunday school. The Islamic Center has been on this site since 1988 and the value of his home in Fridley has increased nearly 2'/z times since he purchased it ten years ago. The Islamic Center has been very proactive regarding tra�c concerns including installing the drop-off zone in front of the building. The proposed expansion is only to provide a quality education and they will not have the 450 student population for which the school was originally designed. Also, the high school students at AI-Amal are not allowed to drive to school. As for the concerns regarding water run-off, their engineers and the city engineers will ensure the run-off is contained. Also, they are doing away with a very expensive home in order to provide an area for the retention pond. Mr. Dunham asked what would stop one of the AI-Amal high school students from driving to school and parking somewhere in the neighborhood. Mr. Abdel-Karim stated AI-Amal is run by the parents so if one of the students would drive to school, any of the other parents would report that immediately and the school would take swift action. : CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 19 of 22 Mr. Dunham asked if it was the Islamic Center's choice to present the entire project all at one time. Mr. Dovolis stated the City staff requested the entire project be presented but it was also the desire of the petitioner to put all their cards on the table . They could have presented only Phase I and then request`Phase II years later, but they decided that wouldn't be fair to the community. Also they wanted to make sure that traffic, ponding, and parking were all taken care of up front. Mr. Saba stated the neighbors feel Phase II might be too big for the neighborhood. He stated he is uncomfortable considering Phase I and Phase II at one time as conditions could be different five years from now. He felt that everyone is comfortable with Phase I but there are a lot of concerns about the impact Phase II will have. He asked if there would be a problem separating the two phases? Mr. Abdel-Karim responded that he would not want to split the two phases because this plan took three years to develop. This is what they believe their community needs in the future and they want to have it approved so they can move forward. They are willing to work out any issues the neighbors may have, but would not be comfortable accepting approval of only Phase I. Bonnie Skjonsby, Woody Lane, stated one thing that has not been fully addressed is that there are schools that are being closed. Those schools have been built to accommodate all the issues of concern regarding this proposal. It would save so much and avoid problems for the neighborhood if the Islamic Center would use the classrooms that already exist. She stated she is concerned about having children near a pond that may be 6 to 8 feet deep. It is very difficult to get around in that community already. She also stated she believes it is very unfair for people who live in other areas to make decisions that affect this area. Let these students go to a proper area that has the space. Mr. Dovolis stated this site meets all the public education requirements of land per pupil. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 10:30 PM. Mr. Kuechle stated that he agrees with the petitioner and would recommend approval to the City Council for the following reasons: the lot coverage they are proposing is about 13% which is half of what they're legally able to do; what they're asking for is similar to what has been given to other churches and schools in the area and he cannot see that he could treat them any differently; the traffic issue is a little more vague and we may want to take another look at the traffic numbers to make sure they're correct; the water run-off is a non-issue in that the way designs are done today is that the property owners must take care of the water run-off. Another concern is the question that they should go somewhere else; if you own a piece of property you have a right to make a reasonable use of the property. He also would be in favor of approving both phases because it constitutes good planning. If in time they want to add on and things have gone poorly, the board has the right to bring this back in and pull the approval. Chairperson Savage stated she agrees with Mr. Kuechle. Since 1988 the Islamic Center has had a special use permit and they are now asking for additions. The important thing is that the 19 --- — � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 20 of 22 board has an obligation to treat this petitioner fairly just as they would any other private school. Also even with both phases, the school occupies only 13% of the property which is less than Totino-Grace and Woodcrest Baptist Church. The board has an obligation and legally she cannot see that it would stand up if this petition were denied. Ms. Johns stated she doesn't understand fully how the R1 district works and she doesn't know that she agrees with Phase I and Phase II. But, she stated the board does need to look at the long term outcome of such projects. She is a little skeptical that the needs for Phase II will remain the same over the long term; that depends on the community involvement and other issues. However, she agrees that the board can go back and look at the issues that have changed from the original presentation, but sometimes it is too much of an open door policy. She believes that City staff members do look out for the best interest of the City of Fridley and its citizens. In relationship to the other comparisons the amount of space this school has on the street is less than other schools and most other schools do have sidewalks. She wouldn't want her children being educated in 106 square feet of space per pupil and not having the flexibility that other students have. The school does need to grow but she doesn't know that she's ready for Phase II. Mr. Kondrick stated he agrees with Chairperson Savage that the board doesn't have the right to deny this and would get into legal problems if we do. They have the right to do what they want with their property as long as it is within the laws of our city. He was concerned about splitting the two phases and since we have the right to recall and "pull the plug" in the future and they know that we have that right, he would have no problem going along with their entire plan. He asked staff if the plan as they submitted it would all be handled as presented and Mr. Hickok said it would. He believes in the City staff. He's not totally sold on the traffic issues presented as he has been in that area and seen varying levels of traffic. He stated he would be in favor of both phases being built. Mr. Dunham stated that he is in favor of just about everything Mr. Kondrick has stated but the problem he has is he doesn't like using the small narrow lot on Oakwood as the front yard. If Phase II is approved in concept, does it mean that they can't look at it again. Mr. Hickok stated the board can, at any point, come back and take a look at this project. Mr. Oquist stated he doesn't like the idea of issuing the special use permit for both phases as it's like giving cart blanch. He also believes it is a"streteh" to refer to this as a corner lot. He agrees that the petitioner has the right to build on their property and they need the school space but he wants it known that he doesn't like the special use permit for the whole project. Mr. Saba stated he has some concern about the traffic and believes it must be addressed somehow between Phase I and Phase II. Even if this is approved tonight, there is a lot of work that needs to be done between the Islamic Center and the neighborhood. There are some things that can be worked out; maybe scale back Phase II. There is legitimate concern and fear among the neighbors. He believed we should be proud of our schools and proud of what the Islamic Center is and because of that pride and supporting education, he would also recommend we pass this on to City CounciL MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of special use permit, SP #04-06, By Anwar Abdel-Karim, Islamic Center of Minnesota, to amend their special use permit to allow a school expansion to be used for classrooms and a multiple purpose room, generally located at 1401 Gardena Avenue NE, with the following stipulations: 2� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 21 of 22 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking, shall be installed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the October 4, 2004, Parks 8� Recreation Commission meetina. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the October 7. 2004 Housinq & Redevelopment Authoritv meetinq. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated the fourth and final housing forum meeting will be held on November 1gtn ADJOURN: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 10:55 PM. 21 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 22 of 22 Respectfully submitted by, � ,�_l�',1�G1� � �� Rebecca Brazys Recording Secretary 22 � � CfTY OF FRIDLtY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 Date: December 10, 2004 �� ' r. � To: William Burns, City Manager ;�`� � From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Extension Request, PS #03-18, Town Center Development M-04-90 INTRODUCTION Town Center Development received preliminary plat approval from the City Council on January 5, 2004 for the properties located at 1282 Mississippi Street and 6490 Central Avenue. The developers are still in the process of resolving some title and land issues that have caused them to not be able to close on the property. A hearing on the disputed land ownership has been set for December 22, 2004 in Anoka County Court. The petitioner is optimistic that a judge will hear the facts and the matter will be heard in its entirety at this time. From that date, the Judge will have 90- days to render a verdict. All architectural and engineering plans have been completed so that once the verdict is in, if favorable to the developer, final platting and commencement of the project can begin. On December 1, 2004, staff received a letter from Dave Reimer and Richard Whinnery, of Town Center Development, LLC requesting a six-month extension to file the final plat, to allow additional time to resolve the above stated issues. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the 6-month extension to July 5, 2005. 23 ' �TOWN CENTER DEVELOPMENT LLC � City of Fridley Scott Hickok — Director or Community Development 6431 University Avenue NE Fridley, MN 55432 November 29, 2004 Re: 6490 Central Avenue/Sandee Dear Scott: Towr� Center Development, LLC has been fortunate to work with the City of Fridley over the past year to gain approval and support for our senior project at the above mentioned property. We would like to assure that, despite the delay in closing on the property, we are eager to move forward with this project and fully intend to do so. Unfortunately, we have encountered numerous delays in closing on the property. A certain party has filed an objection against the sellers (the Brickner family) which has created a cloud in the Titae. The sellers have engaged Bama, Guzy and Steffen, Ltd. to represent their interests on this issue. The proceedings have been active since approximately January 2004, and we are not able to close on the property until the case is settled. Presently there is a hearing scheduled for Wednesday, December 22, 2004 after which time we anticipate the judge will have a maximum of ninety (90) days to rule. This timeline puts us into March of 2005 which is after our one year closing deadline of January 200.5. This delay is of great concern to us as we know the adverse impact it has on both us and the City of Fridley. We are requesting that the Gity of Fridley extend our closing deadline by six (6) months, or until the end of June 2005. We would like to reiterate that we fully intend to proceed with our plans for the senior building in the City of Fridley. We plan to begin our work immediately after the fina1 closing. Thank you for your consideration in extending our closing deadline, and for understanding our continued interest in moving forward with this project. Please contact either one of us at 763-416- 0002 with any questions. We look forward to your response regarding our requested extensio�. Sincer , �� Dave Rei r ;- _ - Ric ard Whinne 13750 Reimer Dr. • Maple Grove, MN 523�11 • 763-416-0002 •. Fax: 763-420-6831 � � CfIY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 R � William W. Bums, City Manager,�� f� Jon ti.�tiaukaas, Public Works Director I`�ovember 29, 2004 2005 Tri-City G1S Contract PW04-082 Attached is the 2005 Tri-City GIS contract The consultant held its cost to a 0% increase in 2004 during the transition from PlanSight to the GIS Rangers, LLC. This contract includes a 5% cost of living increase for 2005. Fridley s portion of the contract includes 1,040 hours for a total of �28,183. Recommend the City Council approve the 2005 Tri-City GIS contract with the GIS Rangers, LLC. JtiFi:cz Attachmen t � 25 � r�... .., �� •• ��Y� / 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 •(763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US November 22, 2004 Jon Haukaas, Public Works Director City of Fridley 6431 University Ave. NE Fridley, MN 55432 Re: 2005 Tri-City GIS Contract Dear Jon: � Enclosed are 4 copies of the 2005 Tri-City GIS Contract. Please execute all copies and forward to Kathy Young at Columbia Heights. � Once all copies are executed, please return to me and I will distribute the copies to all parties. Sincerely, /� �nn ` `- �../a,,.,i,�x.�'!✓. � David D. Berkowitz, P.E. City Engineer DDB:rja EncL : 26 CONSULTING SER�ICES AGREEMENT This Contract is made and entered into between the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City" and GIS Rangers L�', 2434 Virginia Circle, Roseville, Minnesota, 55113, hereinafter "Contractar". WHEREAS, Tri-City requires services to be provided for the staffing of a GI5 Range Rider to provide GIS technical assistance to the Cities of Andaver, Calumbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of praviding the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideratian of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term af this Contract shall be from January 1, 2005 to and including December 31, 2Q05 unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR' S OBLIGATIONS 2.1 General Description. Contractor shall provide the following services generally described as: 2,560 hours annually of full time onsite GIS technical assistance to the communities of Fridley, Andover and Columbia Heights. The services will be in the form of one ar more GIS Range Riders that would spend approgimately 80 hours per month per city in Andover and FridIey, respectively, and approgimately 53 hours per month in the City of 27 Columbia Heights over the course of the Contract. Hours over and above what is contracted here will be handled separately on a case by case basis. 2.2 Conformance to Snecification. Services provided shall meet or ezceed the tasks outlined in the Tri- City GIS Technical Assistance Request for Proposal set out in Ezhibit A which is attached hereto and incorporated herein by reference. 3. PAYMENT 3.1 Total Cos� The total amount to be paid by Tri-City pursuant to this Contract shall be: $75,155.°—° (Andover-$28,183.°—°, or 37.5%, Fridley-$28,183.°—°, or 37.5%, Columbia Heights-$18,789.°—°, or 25%) 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice and request for payment on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable egpenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Pavment. Tri-City shall make payment ta Contractor within thirty-five (35) days of the date an which the invoice is received. If the invoice is incarrect, defective, or otherwise improper, Tri-City wiil notify Contractor within ten (10} days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, Tri-City will : make payment within thirty-five (35) days. 3.4 Pavment af Unauthorized Claims. Tri-City may refuse to pay any claim which is not specifically authorized by this Contract. Payment of a claim shall not preclude Tri-City from questioning the propriety of the claim. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsi6le. 4.2 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to egercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits received by Tri-City employees and is not eligible for workers' or unemployment compensatian benefits. Contractor acknowledges and agrees that no withholding or deductian for State or Federal income tages, FICA, FUTA, or otherwise, will be made form the payments due Contractor and that it is Contractor's sole obtigation to 29 comply with the applicable provisions of all Federal and State taz laws. 6. INDEMNIFICATION Contractor shatl indemnify, hald harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, ezpenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur ar be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the ezecution, performance, ar failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's ezpense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the eztent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least ten (10) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance ta be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liabitity insurance policy covering personnel of Contractor, if any, who provide 30 � professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: �200,Q00 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with ezecution of this Contract, Contractor shall fle certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. 8. SUBCONTRACTING Contractor shaIl not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inabilitv to nerform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediatety notify Tri-City in writimg whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires 31 a modification or canceilation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which . might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATI4N 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either party may terminate this Contract at any time far any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice af Default. Either party may terminate this Contract for cause by giving ten (14) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be authorized by the party giving notice, then the whole or any part of this Contract may be terminated by written notice. 1Q.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in 32 paragraph 12. 10.5 Effect of Termination. Termination of this Contract shatl not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms af this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Ri�hts Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be ezercised concurrently or separately, and the egercise of any ane remedy shall not be deemed an election of such remedy to the ezclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and contractar. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persans and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor• Blaine Hackett GIS Rangers 2434 Virginia Circle Roseville, MN 55113 Andover• City Engineer City af Andover 1685 Crosstown Soulevard NW Andover, MN 55304 33 13. 14. 15. Fridlev• Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Columbia Heights: Public Works Director City of Columbia Heights 637 - 38� Avenue NE Columbia Heights, MN 55421 Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. SEfJERABILITY The provisions of this Contract shall be deemed severable. ff any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. MERGER 15.1 Final A�reement. This Contract is the final statement of the agreement of the parties and the complete and egclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. 34 � IN WITNESS WHEREOF, the parties hereto have egecuted this Contract on the date(s) indicated below. CONTRACTOR By: ��'`'� � iF1��2a.� "� Title: `�re s r ci e�1" Date: %t� i Z�i � U �( >>�le[oY 35 TRI-CITY GIS ORGANIZATION B Y:\ �� Title: A�► �w�c� C�'�-q F�r�, �ht:e✓ Date: // �z Z �o `i sy: _ Title: Date: $y: _ Title: Date: � i CIT1( OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 � �� TO: WILLIAM W. BURNS, CITY MANAGER�S?'�� ,. I �i:Z1 u� � DATE: FRITZ KNAAK, CITY ATTORNEY RECEIPT OF FORMAL FRANCHISE RENEWAL PROPOSAL DECEMBER 9, 2004 On November 30, 2004, the last date possible for its submission under the formal franchise renewal procedure, Time Warner Inc. submitted a Formal Franchise Renewal Proposal to provide cable television services within the City of Fridley. This communication is not the appropriate means of offering to the Council any preliminary opinion from staff as to the adequacy of the proposal and any strengths or weaknesses it may have. Under the provisions of the Cable Franchise Act, however, the City must provide "prompt public notice" that it has received the renewal proposal from the operator. Formal action by the Council, while not expressly mandated by the law, nevertheless provides an effective, formal and unambiguous public means of providing the required notice of receipt by the City. ' Attached is a draft of a resolution for Council's review and, it is hoped, approval. The language of the resolution briefly states the procedural history of the actions taken by the City up to this point, and formally acknowledges receipt of the Formal Proposal. Within four months of the submission of Time Warner's proposal, the City must either: (a) renew the franchise, or (b) issue a preliminary assessment that the franchise should not be renewed. In this four-month period, it is generally the practice that a city and cable operator would attempt to resolve their differences to avoid an administrative hearing. If the City were to preliminarily decide that the franchise should NOT be renewed, "at the request of the operator or on its (the City's) own initiative," the City would be required to begin an administrative proceeding. The purpose of the proceeding would be to consider whether: A. The cable operator has substantially complied with the material terms of the existing franchise and with applicable law; 36 B. The quality of the operator's service has be reasonable in light of community needs; C. The operator has the requisite fmancial, lega.l and technical ability; and D. The operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of ineeting such needs and interests. The City could deny Time Warner's Formal Request for Renewal if it makes a finding adverse to Time Warner on any one of the four listed factors. A decision, however, not to renew cannot be based on past defects in performance if the operator was not given notice and an opportunity to cure the defects, or if the City had waived its right to object or acquiesced to past performance failures. The Administrative Proceeding must be conducted so that Time Warner would have the opportunity to introduce evidence, require the production of documents and question witnesses. At the close of the Administrative Proceeding, the City would have to develop a written decision granting or denying renewal based on the record developed in the administrative proceeding. A written decision may only consider the above four statutory factors that can form the basis of a denial of renewal. Time Warner could then appeal a decision not to renew to federal or state court. The City Council's action in formally acknowledging receipt of the proposal is a necessary formality for the City and does not in any way impede any possible options the City may have in the future during the formal process. 37 � RESOLUTION RESOLUTION OF THE CITY OF FRIDLEY ACKNOWLEDGING RECEIPT OF THE TIME WARNER INC. FORMAL FRANCHISE RENEWAL PROPOSAL FOR THE PROVISION OF CABLE TELEVISION WITHIN THE CITY OF FRIDLEY WHEREAS, the City of Fridley, Minnesota, is duly authorized under State and Federal law to permit the provision of cable television services within its jurisdiction through the issuance of a franchise for that purpose; and WHEREAS, in the past, Time Warner Inc. or its immediate authorized predecessors, has held a franchise for the purpose of providing cable television services to residents of the City of Fridley; and WHEREAS, that franchise expired; and WHEREAS, after the City of Fridley made extensive efforts to negotiate a new franchise with Time Warner Inc. under the informal process authorized under 47 U.S.C. §546(h); and WHEREAS, the informal process was unsuccessful, and the formal process under 47 U.S.C. §546 (a)-(g) was invoked and the City published a Request for Proposal for the provisions of Cable Service under the terms of a new franchise agreement; and WHEREAS, in response to the Request for Proposal published by the City, Time Warner Inc. caused to be delivered to the City of Fridley at its offices on November 30, 2004, twelve copies of its Formal Franchise Renewal Proposal; and WHEREAS, without any statement as to whether the Franchise Renewal Proposal in any way meets the requirement that it must contain "such material as the franchising authority may require," the City of Fridley wishes to provide the "prompt public notice" of its receipt of the foregoing proposal as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley, by passage of this resolution, publicly acknowledges receipt of the Formal Franchise Renewal Proposal delivered by Time Warner Cable Inc. on November 30, 2004, AND intends, by passage of this resolution, to notify the public at large of that same occurrence. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK : SCOTT J. LUND — MAYOR � � CRY OF FRIDLE'f AGENDA ITEM COUNCIL MEETING OF DECEMBER 13, 2004 CLAIMS 119540 -119670 39 AGENDAITEM City Council Meeting Of Monday, December 13, 2004 City of Fridley Electrical CITYVIEW ELECTRIC INC. 1145 SNELLING AVE NO. ST.PAUL MN 55108- Gas Services CORNERSTONE 11315 FLORIDA AVE N CHAMPLIN MN 55316- General Contractor-Commercial D.J. KRANZ CO. INC. 725 HWY 169 NORTH PLYMOUTH MN 55411-6403 General Contractor-Residential BRICKNERS BUILDERS 6230 HWY 65 N.E SUITE 103 FRIDLEY MN 55432- RUM RIVER 10414 WOODCREST DRIVE COONRAPIDS MN 55433- Heatinq VOGEL SHEETMETAL INC 10684 LANSING AVE.N STILLWATER MN 55082- Plumbinq AQUAMAN PLUMBING � HEATING 13558 GLADIOLA ANDOVER MN 55304- � MICHAEL NELSON TIM RANCOUR LAWERENCE D. ELSEN RICK BRICKNER ALLAN BRIEDEDBACH BONNIE VOGEL R.T. MCFETERS .� Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � Approved By: PIPERIGHT PLUMBING 10710 MISSISSIPPI BLVD N.W JOHN Ron Julkowski COONRAPIDS MN 55433- Building Official R.J.MILLER 834 40TH AVE N.E COLUMBIA HEIGHTS MN 55421- ROBERT MILLER 41 Ron Julkowski Building Official � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 ESTIMATES Natgun Corporation P.O. Box 847140 Boston, MA 02284-7140 Marian Hills Tank Replacement Project No. 356 EstimateNo. 3 ................................................................................... 42 $214,272.50 � � CRY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 f William W. Burns, City Manage�. r 4F �` ��: �� Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 12, 2004 Resolution Certifying the Final T� Levy for 2005 to the County of Anoka In conformance with Minnesota Statutes Chapter 275.07, Subd. 1 attached is a resolution certifying the final tax levy requirements to Anoka County. Chapter 275.07 requires the City to certify its imal tax levy requirements to the County Auditor within 5 working days after December 20`�'. The final tax levy for 2005 is $8,067,949 compared to $6,483,745 for 2004. This is a 24.4% increase over last year. It would have been a 20.2% increase without the levy increase for Springbrook Nature Center. The make-up of this is: $6,483,745 110,220 648,384 550.600 77 275,000 80 4 Certified to County for 2004 1.7% inflation amount Loss of 2005 LGA allowed to be levied back Loss of 2004 LGA not levied back in 2004 2005 Proposed Tax Levy Add-on levy approved by voters. Tota12005 Levy We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget. 43 RESOLUTION NO. 2004 - A RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2005 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax levy requirements to the County; and WHEREAS, in prior years, the City of Fridley received $2,045,663 in local government aid, which funds were applied to its operating budget and which resulted in a net tax reduction for its residents; and WHEREAS, the first special session of the Minnesota Legislature, in enacting Chapter 21 Article 5 reduced local government aid to the City of Fridley in the amount of $1,752,009, which reduction in aid would significantly reduce the funds available to the city to meet its obligations; and WHEREAS, the Fridley City Charter expressly limits any levy increase in any given year to the lesser of 5% or the rate of inflation absent express voter approval; and WHEREAS, the Minnesota Legislature expressly overrode local charter provisions when it provided that any reduction in state aid that was the result of its legislation could be made up by local governments through a property tax levy upon approval of the City Council; and WHEREAS, chapter 127, Article 2, Section 17 of the Minnesota 2003 Session Laws exempts the City from the tax levy charter restrictions to allow the city to levy up to 100% of the LGA loss; and WHEREAS, Minnesota Statutes Section 275.73 provide for this levy to be calculated under net tax capacity. NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the Count of Anoka, State of Minnesota, the following proposed ta�c levy to be levied in 2004 for the year 2005. GENERAL FUND General Fund $7,398,970 General Fund (Additional Levy for Springbrook Nature Center) $ 275,000 CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division 97,500 Capital Improvement Fund - Streets Division 281,379 .. Resolution No. 2004-_ AGENCY FUND Six Cities Watershed Management Organization Stonybrook Creek Sub-Watershed District TOTAL ALL FUNDS 6,200 8,900 $8,067,949 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ th DAY OF DECEMBER, 2004. ATTEST: Debra A. Skogen, City Clerk 45 Scott J. Lund, Mayor �, � � CffY OF FRIDLEl( To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 2004 William W. Burns, City Manager �',t�� 4 Richard D. Pribyl, Finance Director Craig A. Ellestad November 12, 2004 Resolution Adopting a Final Budget for the Fiscal Year 2005 In conformance with Chapter 275, Section 065 of the Minnesota. Statutes, attached is the 2005 final budget. Chapter 275 requires the City to certify a final budget to Anoka County prior to December 28. We request the City Council pass the atta.ched resolution and adopt the 2005 fmal budget. Remember that the levy resolution must be adopted prior to adopting the budget .� RESOLUTION NO. 2004 - _ A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2005 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate. _ NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved: ESTIMATED REVENUE GENERAL FUND Taxes Current Ad Valorem Voter Approved - SNC Levy Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federal State- Locai Government Aid All Other Charges for Services: General Government Pubiic Safety Public Works Community Development Recreation Naturalist Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Police Activity Fund Utilities $ 7,398,970 275,000 42,000 240,880 372,300 3,200 293,654 587,282 879,890 166,985 12,000 47,100 214,700 89,700 180,000 3,100 150,000 155,700 25,000 500,000 250,000 488,283 35,600 Legislative: City Council Planning Commissions Other Commissions City Management: Generai Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Potice Civil Defense Fire: Fire Rental Inspections Public Works: Municipai Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation: Recreation Naturalist I� APPROPRIATIONS $ 117,529 200 0 256,278 172,885 347,237 1,302 678,897 162, 829 251,949 130,989 4,137,377 15,517 952,301 121,661 236,647 486,747 193,600 917,476 959,212 359,348 802,125 270,474 Resolution No. 2004- TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND SPECIAL REVENUE FUNDS • Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS , CAPITAL PROJECTS FUND Capitai Improvement Fund General Capital Improvement Streets Capital Improvement Parks Capital Improvement Fund Balance TOTAL CAPITAL PROJECTS FUND Community Development Building Inspection 12,411,344 Planning Reserve: Emergency 0 Non-departmental: $ 12,411,344 $ 182,000 102,704 283,290 23,000 424.278 $ 1,015,272 $ 455,508 801,410 146,090 1.606, 992 $ 3,010,000 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Fund Balance General Capital Improvement Streets Capital Improvement Parks Capital Improvement Page 2 289,874 355,107 100,000 93,783 $ 12,411,344 $ 125,682 85,913 315,394 488,283 $ 1,015,272 $ 967,000 1,920,000 123,000 $ 3,010,000 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6 200 TOTAL AGENCY FUND $ 6,200 TOTAL ALL FUNDS $ 76,442,816 Passed and adopted by the City Council of the City of Fridley this ATTEST: Debra A. Skogen, City Clerk .• $ 6,200 $ 16,442,816 �' day of December, 2004. . Scott J. Lund, Mayor � . � � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 13, 2004 qlY OF FRIdLEY Date: December 8, 2004 ,�14 To: William Burns, City Manager�°� From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-06, Islamic Center of Minnesota M-04-156 INTRODUCTION The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. This private school and church exist as a result of a previously granted special use permit to allow a private school and church at this location. ANALYSIS The Islamic Center purchased the property in 1988. The AI-Amal School opened in September of 1994, and leased space in the building from the Islamic Center. The AI-Amal School provides education for children age's kindergarfen through 12'h grade and was founded by parents and community members who wanted an alternative to public school for their children. AI-Amal School serves Muslim children and their families from both Twin Cities and their surrounding suburbs and is the only Islamic school in Minnesota. The Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school, with a two phased addition. The first phase of the addition will extend to the northwest of the building and will include 14 classrooms, a lounge/meeting room, and restrooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase would continue beyond the first phase addition to the northwest of the existing building and will include a large multi-purpose space (gym/gathering space), locker rooms, a library, a bookstore, a new main entry, and various administrative offices. This phase would be 24,614 square feet and may be constructed within 5-10 years of completion of the first phase. PARKING The petitioner is short 30 parking stalls in meeting City Code parking space requirements for the existing building and the proposed Phase I addition. However, the petitioner contends that this school is unique in that they do not allow students to drive to school, and they have a shared parking agreement with Totino Grace. They feel that adding the additional parking stalls .• The Honorable Scott Lund City of Fridley 6431 University Ave, NE Fridley, MN 55432 Deaz Mayor Lund: � LE� - � � 6001 Gazdena Circle NE Fridley, MN 55432 December 6, 2044 Subject: Special Use Permit, SP #04-06 We have been home owners at 6001 Ga.rdena Circle for 26 years and our five children attended the Fridley public schools. Our property in part consists of 145 feet along the western properiy line of the Al-Amal School and Islam.ic Center. Our house is located approximately 46 feet from the fiva-foot chai.n link fence that divides our property from the school properry. The Islamic Center held an open house on July 13�' and presented their expansion plans to the neighbors. We attended the meeti.ng and asked a couple of questions concerning the plans and our property line. The architect's site plan showed that the two baseball fields on the western end of the property would be replaced with classrooms (Phase I) plus an a11-purpose building (Phase II), pazking lot and road. We were told that Phase I would be built in 2005 and that Phase II would be built in 3 to 5 years. A five-foot privacy fence and shrubbery would define the property. The City of Fridley sent a notice of a Planning Commission meeting to be held on November 17�. We sent a letter to Ms. Sta.cy Stromberg, Planner, about our concerns. Then at the Planning Coxnmission meeting we were informed that the parking lot would only be five feet from our property line. We inquired about the privacy fence and the architect stated that the plans have changed and that the fence would not be built because it would require maintenance. A hedge would take its place. That means our privacy will be compromised with car lights shining into our back bedroom, kitchen and living room. Since the school's property is about two feet higher than our properiy and slopes down to the properly line, we were concerned about water runoff. The answer was that a holding pond will be created near the original school and Gardena Avenue. It still does not answer where the snow will be piled and what prevents the melting snow and rain water from flowing into our yazd and our neighbors' yards. � The Planning Commission mentioned that Phase I and Phase II will occupy about 14% of the school's properry. However, this 14% is where the two baseball fields exist and is all the property at the westem end of the available land and is surrounded by homes on the south, west and north. A comparison was made to Totino-Grace and to VJoodcrest Baptist School regarding the placement of their buildings and land usage. Neither of these e�nples has homes located on three sides of the property lines. Totino-Grace has property on three roads and Woodcrest has property on two roads and a creek. We agree that Phase I, which is the additional classrooms, should be built and fits in with the original use of the property. It was mentioned that Phase II may be built in 5 to 10 years. The proposed Phase II, 26,500 square foot arid 40-foot high a11 purpose center is too big for tlus residential neighborhood. The all purpose center needs to be built at another location where there would be adequa.te pazking and access to roads. We are asking you and the Council Members to grant a Special Use Permit for Phase I and not for Phase II. Respectfully, Don & Patricia Lewis 763-574-1186 cc: Bob Barnett, Council Member-at-Large cc �c]�ar�d ��t�2��a��-�e�n�r _ ... �_ .. ._,.� _,_ _�__ _�._ .. _ � 1310 Hillcrest Dr 1VE Fridley, MN 55432 Home phone: 763-5�1-2860 December 12, 2004 Fridley City Council Councilmember Richaed Wolfe 6431 University Ave NE Fridley, MN 55432 Delivered by fax to: 763-571-1�87 Dear Mx. Wotfe, Thank you for your l�tter, reminding local residents of the meeting to review the expansion �lans of the Islamic �Center. I hope to attend but warrt to raise several paints Qrior to the meeting. Mr. Scott H"ickock presented the plans of the Isla.mic Center at a recent planning commissiom meeting: He did not, however, volunteer several points that were raised by the public attending. If these points are correct, Mr. Hickock has not served the City of Fridley wel� and approving the plans o�the Islamic Center could result in legal action against the eity. I have no intention of filing suit, but I do believe the city should follow its own gui�eIines. Areas of concern tbat were raisedby the pubTic include: • Setbacks apparendy assume the "&ont" of the property is on the east side (Oakwaod Manor). Thµs, the "back" o�the property abutts tbe�homes on Gardena Circle, giving only a 5-foot setback. It may be legally true that the prop�ty fronts Oakwood Manor, but ail att de�s were surprised oitius �act, wluchlVlr. H'ickock did not yolunteer. �ortions o�the parking for Phase I could be shifted to the east of the building, allowing a more proper setback to adjoining properties and making the o�ficial "iront" &"back" irrelevant. • Phase 2 of the construction project calls for a multi-pwpose facility with a 40-foat roofline, w�ll �in excess o�the limit allowedby fhe zoriing �orR1.1VIy understanding is that the applicant is requued to demonstrate hazdship in order to build outside the zoning limi�s; this was not done. It is irrelevant for rVlr. Aickocic to pourt to tl�e code f�r the CR1 zone, as that does not apply to this property. Until the applicant demonstratgs�hardship, my understa.nding is �fhat theFndley �ty �ouncil would be advised against approving this portion of the project. Z� 3�dd ��I%� 9Ec'.95E-Tb9E-6bti ti0 �EZ b00Z/EZlZT ,. Phase 2 of the construction project is a"vision" for a multi-pu�pose space with plans and dates still uncertaia That these plans are fairly rough beca.me clear with the minarette, which is on the drawings, but , according to Mr. Hickock, will not be built. The public was told that the plans are intended for �-10 years from now, if projections hold true. Aside from the dubious roofline, Mr. Hickock fa.iled to note ihat a Special Use pemut requires physical constiuct�on to start witl�in one year of approval. There is no need to approve a permit request today when the permit would expire prior to use; I believe you'd be in your rights to defer action %r several years. The bottom line is that I see several weaknesses in this plan as presented. This does not mean I am not unsympathetic to the school's need for space. In a private conversation at the open house tast summer, the principa] told a heartbreaking story of a young girl adapting to life in America and not being alile to communicate witb her own teaciter. If more space makes for a better atmosphere for such students, I think a reasonable expansion should be p�ssible. Further, my wife and I met with Dr. Hamdy Al-Sawaf a week prior to the open house and he comes a�ross as very amiable and charming.'We are neighbors to the prop�rty and have found the Islamic Center to t�e good neighbors u�il now. If you lister� to IVIr. ITickock, tihe plan sounds teri�i%c. Neverthe]ess, pnvately hired lawyers and architects quickly pointed out several elements, as above, which Mr. Hickock apparently over�aoked. I£tlleir assessment o�ius workis true,lVlr.Ftickock's value tothis process is dubious. Others of my neighbors may have deeper pockets for lawyers or their own re°view. I have always atter}lpted to resolve disagreements in a inendly �ashion and 1Vlonday's meetyng will be no d�fferent far me. Nevertheless, it would not surprise me if others respond to Fridley's ap�roval by a lawsuit. Please keep that in mind when casting your vote. Sincerely, .-a"" ' '1 , %� �� ., ��,t � zl . Frederick Paull��e i,� �9bd 31I;1 9EZ9SE-Zi�9E-6bI S� �EZ b�OZ/EIIZI �3am-e�e, Robert �ror�: �Da�e �ar�s �dlar�des�ts#r�arra.net7 �ery�: �F�riday, �December � 0, :20.0� '9:37 �#M �o: �Barrne�ite, R�bert Su�ec� �d: �si�r�ic Cea��er e.�par�s�on > From: L?ave Landes <dla*�des�@7�atst,-e�+�.�ae�> > Date: December 10, 200� �:17:3.2 AM C:�'�' > To: ��n�s@�i.�ridls�.�r�.us > Su�a��e,ct: Is1�a�ic C�nt�e.r ex�aan,s�an > > Dec. 9tY� 2�004 > City •o� �'rid�.e� > ��135 Ur.��wersit� �ve 3�T� > �'ri�eY. ��3�T �5�32 > > C�ar �4a��s I��s�.d, > >_R�:: �s3amic ��era'ter nf �?Jinnesota's re�q�a�est �o aa.��nd S�eci�l T�se Permat, ___ _ _ > 5�#�D� - 06 'to .a11ow t�eTn �o ar�d classr�oflms ar�� a mu�ti�urpose �aldg. > >�s �'sa s�r� yo� �now, .a m��or�ty �f F'r.�dley re,s�d��'ts �oppos�e t13.is >�xpansion for a variety of reasflns, s.��e nf �bi�c�i ar�e ttie us�a3 ones >�ou hear on every issue. Hn�weve� there .are s�ame wali�d r•easons ��c�r �� > Co�un�c�i tp d��y ��iis �rmi�t. �Je h�ave .1.a�ed 3�ere �o� 34 �eazs :ar��d neuer � flP��os�d a�r�oj�ec�t }�r�=��ous �to this o�� .ar�d ase na;t o�,s�a ��m .�Zi > �e��. >&�e 3�e�.i�e�e ti�i�e s�taf� �ullerl o�t al1 st•ops �� :a�c�amm�d.ate ��s �,.rapert� > own,er ar�d sa�.31 res�lt iza d�stroying t2a�e �nar�a�cte� r�� t�ais > neir��.rhood. �r� atldit�flra �t��y .a�� t-otally arr•oc�ant ,i�r� �h�eir a-t�ti�turle. > 2h� Planning Commission serve•d no �ur�ose �atsoeWar ari �ust ��{�er > s�amping" their flawed reas�ar�i��g_ - > Som� r�.as�ns :f.o� ds�:i,a1 a�e: > 13 Tlae� ap�rcav�:.d a�tv�o-phas�e �l�r� �,art �f w��cl� > 3�as rao de�inite t3a�•e li�e. 3+t ma�r 3�e �03� f�or a > ��an to 3�e or� fi�e b�� i� siafl�ld ��ot be > ��isidererf fo� a��roval uratil ��h�ey �lan �,c� > b�i.l•d i� . > 2) T'�� us�t3�a�d v�i�o�a�ing �tl z��e 3�eaght > re�stric�3�an,s with �Rl e�e� thaugi� it is > surround�d �� sinz�3.�e-s�r�ry xesid�e��es. T�is > is a maj.or p�ob1�, �C.R1 z.o�i�g ��.o��.d n�+t 9�e > given coalsi�era�i<s�a �or �t7�is pro��ct_ > 3) They gaW,e �rc�pert� .i�ne �.etba��s �,a.sed n� the > ��axrow �� :� p�kz�vr,�d b�ia��g -coas��1�:��ed �h�e > fr�srat . >�4) P��r�in�g Sta�� a�s�d very cabvions�y ��aw�rl �rsd � �utrc�.at�d tr�af�i� �data as a:r��•one wl�.o liaes ir� > �t��e area k�ows.. '�� fu�ur� �e.�rpansa�ora plans t�ey > �ave as w�e�.i as ot�e� alrea�dy ap�r�oved deve.��op- > �ent �;ril� mr�a�e it wo�se. "T'�e str�ets in ��r > �re.a wer� r�o�t desig��ed for tlsis v�o��ne of > traffic. > 5) We elected ��ou �.� r�epresea�t �as and ta�CS o�r > co�ces�s serir��s��►. '6,Te d� �ot wa�t to liv� > i� this �.�i�ghbor��od wit� thi�e c�an�ges �t�at > wo�l•d come wi�h t�-3is hug�c, .exnansi.or,. > Os�e �Co�arncil m.e3r�be� �•o�,tend�s t�a.e im�a�t woa�lz� �e r�o o1sf��ren�t t�i�r� > Y,Toot��cr,es�t .�3ais only rleanons'trates hfl�w �,�r ��oa�ce,rIIS are segarc�ed and >�xivi�a.i3zerl. �o�od�rest .is of �.i��le �ac� o� the n��ghbori�ood due to i .' � . . � � >�� a��dia�e �ccess to IIniversi�y a�� c�ner r•e.asflns t� �b��a�s �o > ment ��ri he r� . > Wa �ave �h2 :fe•e7inq that the legal issues wo�.1c1 onl� �g�t ser��ous > c�ns�.cYera�ib� �on o�ur behalf if we hired our o�ra ze�r�e.s�entati�ar�. The > co�s� is p��i'�ig� .arrd s3�ou1-d r.�a� b�e r�ec�ss,ar� b�t for �thr�se sn s�ta�f >�si��g •creat3v,e ways to cram a l�so�zi�s�e plan z�� r n�e�.g�bDr3��a.o-d. >�l��s•e, Pl��a.s�e hear �s and vbt�e �to d�eza� �t�is p�ermi�t. > > �i��erel�r, > Dav�.d ar:�d S�ar�on T�an,d�es > 34 ��ars inv�ested a� 5928 k7�o.d� Lane > > c�: �Co�r�ci1 aeea�bezs ��b Bara��ett•� > �2ic�C Wn��e � �Ste�ren �� 1.lir��s � �an Bolk�oa� > 2 �m X -m @ �I O �I m m n � �� R ��A��^�� F �A�A � F ��kp�-;Q° P � �t �.� �� Y � Q�� 4 � �x � � � , g�� T 3 �S'�s�g�E � ¢��; � ��SSSS��g: G ��ia'��i'; e s p�) � � M�K.R�#M � R.�S +t R � '�- �� q�� $, 4§ 5 °G�s.t�g �p � �b."= �C � :r�aaa;g�ca P� 8 � y � � 3 � N z N §m 4 r�- g c� D �7 t7 f'1 Z D D � ITl LJj � --l��,,...._ i , � �� „ �� 1.�� LL1JJ—LLIJJ�LLl.IJ_I�LIJJ�L r Q- --- ' "__ i r � IF � i i � � r _ � = iii�iiiii�'� I��i � � � � ' i A 1 1 1 1 1 1 1 1 1 I ' 1 ' 1 1 I I I 1 I 1 1 I• � ( _ Fi-�-F1-ii-i-Ffi � iiiiiiiii�'� � - �� _ � i - � I =_ ��i�� iiiiiiiii�• � � "1J�I�LLIJJ�LLJ � N I N O C'I Cl f'l � A � = TI I � f*1 g r cy 1 ,.....�..-. �� I i 1-- I _ ................_... ..... ... ... ._ .,. ... ,�� - �} - - _ —_ PNOPCRIY LINF � _ --• I � � �� . , . �_� �RMCNI�I�E � -----� � '-- �c� � B o - � � I i _� � I I i I i I� 1 � I � I I i I i _...�.- -- - pppP[R1Y LIML _ p g P ��$�� IS�AMIC CENTER OF MINNESOTA ��BF£ � D � � � � � � � z � � / y SCHOOL ADDRION � � ^Y' G y � A ��] & �101 OAADENA AVE. F o 0 j s � � ga( FRIOLEY,MN - NN � O g� ��g Z �� O _ � � �'�� SITE PLAN � F Q 9 � ��g� EXTERIOR ELEVATION required by code would be wasted hard surFace area. The petitioner has asked to be allowed to demonstrate proof of parking for the extra 30 parking stalls to the east of the existing school as part of the proof of parking area for the Phase II addition. Should the City find they do not have adequate parking following construction, we can demand that at least part of the proof of parking is constructed as needed. LOTFRONTAGE Much discussion centered on the front of the lot and staff's determination of "lot frontage". Folks appeared to believe if the Gardena portion of the site were the front yard, that there would be setback problems with the project as proposed. That is not true. The school has the entire lot on hillcrest that would be considered rear yard plus an additional 20 feet between the second phase building and adjacent rear lot lines. This property is peculiar in that it is odd shaped and fronts on 3 of the surrounding streets. It fronts on Gardena, Oakwood Manor, and Hillcrest Drive. Though the school does not own all the property directly at the corner of Oakwood and Gardena, the lot configuration is most like a corner lot. In a corner lot situation, Code would require that you take narrowest street frontage to determine the front of the lot. In this case, the narrowest lot dimension is on Oakwood Manor. Using Oakwood as the front lot, the setbacks of the new school addition offer the greatest distance between the new school and the adjacent residential dwellings. This interpretation requires a 40' setback from the west property line, rather than a 10' setback. Adjacent Hillcrest properties have larger than a typical back yard (over 100 feet between the dwellings and their rear lot line) and the building is still almost 20' from those rear property lines. This interpretation put both Hillcrest Homes and Gardena Circle homes at least 75' from the closest point of the new school additions. For comparison, if Gardena were to be considered the front of the prope�ty, the school could build within 40' of the Hillcrest Right- of-way (actually between two existing houses where the road would have gone. A side yard of 10' would have allowed the additions to be within 45' of the homes on Gardena Circle. Finally, for comparison, if Hillcrest were to be considered the front yard, the school additions could be constructed observing the proper front yard setback in an R-1 district of 25' from the Hillcrest right-of-way. This would mean that the rear yard would be Gardena and would be required to be 40', which the existing school can meet, but the west (Gardena Circle) setback would only be required to be 10' and that would place the additions within 45' of the dwellings. Folks appeared to be concerned about the interpretation; the piece staff believes they did not understand is that this gives the greatest distance for setbacks between existing dwellings and the new additions. PHASING OF THE SPECIAL USE PERMIT An attorney representing a group of neighbors suggested that the City is in violation of its own special use permit provisions by approving Phase II, but not starting it for 5— 10 years. This is not true. Having a special use permit for a 2— phase project is entirely appropriate. Code only requires that the project commence within one year of approval of the special use permit. It does not require that the project be completed within one year. Good planning will show all known phases at the time of the special use permit, if the phases are known. 50 POND Concerns were expressed regarding the pond. Any new project is required to have a pond to accommodate their storm water. What was proposed for this project is not unusual. The petitioner's engineers have designed a bench so that the immediate drop-off into the pond is not at full depth. Instead, the pond gradually reaches a depth adequate to provide the required storm water capacity. School representatives and their architect envision the pond as an amenity to the site. TRAFFIC NUMBERS The traffic count from 2001 is being used because it is the last count that exists. Counts are done every 4 years on 20% of the City Streets [this being one of those streets]. Jon Haukaas indicated that both Central Avenue and Highway 65 have seen major increases in traffic with the development of the Medtronic World Headquarters. Gardena has not experienced a noticeable increase. There are streets throughout Fridley with a similar design to Gardena Avenue, but they have more traffic. Schools add some traffic, but not a lot. In the case of Gardena, the road is more than adequate to serve current and any additional traffic that may be generated by this 2— phase addition. A map of the last two year's traffic accidents has been created using actual police incident traffic data. The map shows one accident in the segment of roadway in front of the Islamic Center. The incident location was addressed to Totino Grace High School. PLANNING COMMISSION RECOMMENDATION At the November 17, 2004, Planning Commission meeting, a public hearing was held for SP #04-06. After receiving public comment and discussion from the Planning Commission, the Planning Commission recommended approval of SP #04-06, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines, when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 51 City of Fridley Land Use Application SP #04-06 November 17, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Islamic Center of Minnesota Anwar Abdel-Karim 1401 Gardena Avenue NE Fridley MN 55432 Requested Action: Special Use Permit to allow a school expansion in a R-1 Single Family Zoning District. Existing Zoning: R-1 (Single Family Residential) Location: 1401 Gardena Avenue Size: 603,968 sq. ft. 13.8 acres Existing Land Use: School and Religious Center Surrounding Land Use & Zoning: N: Single Family Homes & R-1 E: Single Family Home & R-1 S: Totino Grace High School & R-1 W: Single Family Home & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit for private schools. Zoning History: Meloland Gardens platted in 1920. Auditor's Subdivision #92 platted in 1949. 1967 — School constructed. 1988 — Special use permit issued to allow a religious facility. 1989 — Special use permit issued to operate a daycare. 2000 — Special use permit issued to add a modular classroom. 2002 — Special use permit issued to operate a daycare at the property at 1413 Gardena Avenue. Legal Description of Property: Lots 1 through 6, including Meloland Gardens & Lot 17 Auditor's Subdivision #92; except South 220 feet of said Lot 1; also except south 230 feet of said Lots 2& 3; also except that part of South 200 feet of said Lot 5, lying west of a line drawn parallel with east line of said Lot 5, from a point on south line of said Lot 5, 90 feet west of southeast corner of said Lot 5; also except south 200 feet of said Lot 6, also except road. Public Utilities: Building is connected. Transportation: Gardena Avenue provides access to the school. Physical Characteristics: School building, parking lot, landscaping, wetland, playground, ball fields. SUMMARY OF PROJECT The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit as it is a modification fo their exisfing special use permit, which allows a private school and religious activifies in the R-1 Single Family Disfrict. City sfaff recommends approval, with stipulations. Private Schools and Religious Activities are a permitted special use in the R-1 zoning district. CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 13, 2004 (Existing building) Staff Report Prepared by: Stacy Stromberg SP #04-06 REQUEST The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. This private school and church exist as a result of a previously granted special use permit to allow a private school and church at this location. SITE DESCRIPTOIN AND HISTORY The subject property is located on Gardena Avenue, just east of the intersection of Matterhorn Drive. The Islamic Center property at 1401 Gardena Avenue also encompasses 2 single family lots. One of which, is located off of Oakwood Manor and is 60 ft. by 149 ft., and the other is located off of Hillcrest Drive and is 80 ft. by 227 ft. The Islamic Center also owns the property located at 1345 Gardena Avenue and 1413 Gardena Avenue. The property at 1413 Gardena Avenue is used to house a daycare center for the Islamic Center. All of the Islamic Center owned properties are zoned R-1, single family as are all surrounding properties. The property to the south of the subject property is Totino Grace High School, which is also a private school. Approximate outline of the Islamic Center Property The property was developed in 1967, when Gardena Elementary School was constructed. Gardena Elementary school opened because there was an abundance of children in this area and the existing elementary schools were overflowing. Gardena Elementary was designed to be a"walk to" school, children were not bused. This helps to explain the ownership of the lots on Oakwood Manor and Hillcrest Drive, and the corresponding trails to the school. 53 Gardena Elementary School closed in the fall of 1978, due to the projected deciine in student enrollment. The school was then sold to Faith Academy and the City has since considered several special use permits applications for this property. The following is a summary of each: SP #86-10 — Faith Academy Faith Academy requested a special use permit be granted to allow a day care center at this site. The Planning Commission reviewed this request and recommended denial because there were health and safety concerns about the property's maintenance and there was an 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 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 the Church 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 lack of parking. 3. SP #86-17 — Church on the Move In response to the denial of SP #86-16, Church on the Move applied for another special use permit to allow an automobile parking lot in the R-1 district. The Planning Commission 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. 4. SP #88-17 — Islamic Center of Minnesota The Islamic Center of Minnesota applied for a special use permit to allow a religious facility, which would provide services on Friday afternoon and occasional holidays. The services were to be held in either the library or the gymnasium. It was also noted that the Islamic Center has a cross parking agreement with Totino Grace High School. Both the Planning Commission and the City Council recommended approval of this request, with stipulations. 5. SP #89-06 — Islamic Center of Minnesota The Islamic Center of Minnesota applied for a special use permit to operate a daycare serving 35 children. Daycares are allowed in an R-1, Single Family zoning district with a special use permit. Both the Planning Commission and the City Council approved this request, with stipulations. It has been noted by prior City staff that this special use permit was never used. 6. SP #00-06 — Islamic Center of Minnesota The Islamic Center of Minnesota requested a special use permit to allow an expansion of their private school by adding a modular 5,640 square foot building to the existing school building. The building was intended for a 3 year period, until the Center could undergo their capital improvements plans to add a permanent addition to the school. This modular addition would be 2 54 located off the northeast corner of the building and would extend onto the property located at 1413 Gardena Avenue, which is also owned by the Islamic Center. The Planning Commission and City Council recommended approval of this special use permit request, with stipulations. The Islamic Center never added the modular addition; therefore, this permit was never used. 6. SP #02-03 — Islamic Center of Minnesota In 2002, the Islamic Center of Minnesota requested a special use permit to operate a licensed daycare at the property located at 1413 Gardena Avenue. In order to accomplish this, the existing home had to be converted to meet all county/state licensing requirements for a day care center. This special use permit was approved by the Planning Commission and City Council, with stipulations and exists today as a daycare center for the Islamic Center of Minnesota. ANALYSIS The Islamic Center purchased the property in 1988. The AI-Amal School opened in September of 1994 and leases space in the building from the Islamic Center. The AI-Amal School provides education for children age's kindergarten through 12th grade and was founded by parents and community members who wanted an alternative to public school for their children. AI-Amal School serves Muslim children and their families from both Twin Cities and their surrounding suburbs and is the only Islamic school in Minnesota. Existing t3widing The AI-Amal schools classes are in session Monday through Friday, with extra-curricular activities provided in the evening. The Islamic Center holds Sunday school for children on Sundays and a time of prayer for the adults. No regular scheduled church services are currently being held at this property. � 55 The Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school, with a two phased addition. The first phase of the addition will extend to the northwest of the building and will include 14 classrooms, a lounge/meeting room, and restrooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase would continue beyond the first phase addition to the northwest of the existing building and will include a large multi-purpose space (gym/gathering space), locker rooms, a library, a bookstore, a new main entry, and various administrative offices. This phase would be 24,614 square feet and plans to be constructed within 5-10 years of completion of the first phase. When the Islamic Center contacted City staff about constructing an addition to their building, staff asked them to master plan the site. Essentially, what that meant, was to show staff what they would consider to be the maximum build out on this site. The Islamic Center then met with their architect and drew up the proposed site plan. The AI-Amal staff have said that, Phase I is essential for the school to retain its student base. According to the Islamic Center, Phase II really isn't on the horizon to build any time soon, but was added to the site plan to show their master plan of the site. The multi-purpose room proposed to be constructed in Phase II will not be a Mosque. The Islamic Center's Mosque currently exists in Columbia Heights and they have no plans to relocate it, even if Phase II is constructed. It should also be noted that the minaret (tower from which the prayer callings are made) shown on the site plan on the east side of the alcove on Phase II will not be constructed. The Islamic Center has informed staff that they hadn't intended to have a minaret at this site and it shouldn't have been included on the site plan. The school currently serves approximately 300 children between the grades of K-12. When this building was originally constructed in the 1967, it was designed as an Elementary school. As a result, there is limited space available to service the middle school and high school grade children. Also, when this building was constructed there wasn't a need for things such as science labs, computer labs, etc. These types of services are essential for a private school to attract clients today. Currently, the gym serves as a recreational space for the children, the cafeteria, and a classroom for the high school children. The prayer room and library are also being converted daily into classrooms, and because of the lack of space most of the middle and high school grades need to be combined. The Islamic Center has noted to staff that this 36,537 square foot building would work wonderfully for the elementary children, but the need for the additional space is to attract and keep the children in the middle and high school grades. Therefore, the main reason for the addition is simply because they have outgrown their existing facility and because they want to provide additional high school education opportunities. They currently do not have space to incorporate certain educational needs; such as science labs, computer rooms, a library, and a music room. As a result of not having these types of services, the Center has lost some of their student body. Constructing this addition will reduce crowding and provide the extra space needed for special classrooms. The Islamic Center hopes this will result in bringing some of their lost student population back. Though the school will be physically larger, the student population and the teacher to student ratio will stay very close to what they currently have. This addition is meant to provide necessary space for the students and activities that already exist in cramped quarters. The Islamic Center has indicated to staff that they don't expect to grow much beyond the 300 students they currently have. One of the attractions to a private school is small class size, so n � �� even with the proposed addition they believe that 500 students wouid be "a dream" but 400 total, is much more realistic. The AI-Amal website indicates that they hope to grow to 1,000 students. This statement has been clarified by the AI-Amal school to mean that it is the ultimate dream of theirs to be at 1,000 students; however, if that dream were to come true, the school would move to a different location. City staff had the opportunity to tour the Islamic Center building and the grounds. The tour made it very clear how crowded the building is and how essential Phase I is. Staff would encourage the Planning Commission members and any other members of the community to take a tour of the existing school facilities. The Islamic Center would be happy to grant this tour opportunity to you. CODE REQUIREMENTS Fridley City Code requires that the minimum amount of parking stalls for this site is 212, with the existing building and Phase I and II. To meet those requirements, the petitioner will need to construct the code required parking stalls for the existing facility and Phase I, which is 102 parking stalls. The remaining 110 parking stalls can be a proof parking until Phase II would be constructed. The AI-Amal school doesn't allow their children to drive to school, which results in the need for less parking. The Islamic Center also has a cross parking agreement with Totino Grace. 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 activities. The Islamic Center has indicated to staff that they have a very close relationship with Totino Grace and they coordinate their schedules so both schools don't have big events happening at the same time. Fridley City Code also requires that the maximum lot coverage requirement in an R-1, Single Family zoning district is 25%. It also requires a 40 ft. rear yard setback. The proposed project with the existing and proposed additions has 13% lot coverage and a 40 ft. rear yard setback, both of which meet the code requirements. A church and school use in the R-1 Single Family zoning district, may be more closely compared to the CR-1, General Office zoning district requirements. This zoning district is more typical of businesses that can closety interact with a residential district. The code requirements allowed in this district are 40% maximum for tot coverage and a 25 ft. rear yard setback. Fridley City Code also requires lighting to be shielded and downcast and to not extend over the property line. The petitioner will need to comply with all code requirements, including but not limited to, lighting, screening, landscaping, etc. The exposed expansion of the school was designed in a manner that allows the scale to relate to the lower-rise residential structures that surround the campus. Phase t, is designed to primarily be a single story with some architectural embellishment that will then relate to Phase II, once it has been completed. Phase II has a large peaked roof over the multi-purpose area. The mass of this roof has been diminished by stepping it back beyond a single story facade. This has a positive influence in pulling down the scale of the taller portion of the building so again it can relate to the lower rise residential structures around it. The exterior material of the additions will be primarily stucco. Though the site plan indicates a Minaret, there will not be one since Phase II is meant to be school space, not Mosque space. WETLAND AND RUN OFF ANALYSIS 5 57 Fridley City Code does have a wetland overlay district, but it does not restrict how close a building can be located to a wetland. Therefore, City staff contacted the DNR to get their advice on what a proper building setback would be from the wetland located on the Islamic Center property. The DNR informed us that this particular wetland is not a"protected wetland." As a result, the DNR doesn't have restrictions on how close you can build to a non-protected wetland. The closest portion of the proposed building addition in Phase 2 would be 48 ft. from the delineated edge of the wetland. The petitioner has hired Brian Burgener, with Svoboda Ecological Resource, to delineate the existing wetland. The wetland has been delineated and the wetland boundary has been identified. Currently, the petitioner's consultant is working with the Rice Creek Watershed to evaluate any addition restrictions that might be on the site, in relation to the wetland. Fridley City Code requires that no land shall be altered in a way that would result in water run- off that would cause flooding, erosion or deposits of minerals on adjacent properties. The petitioner is proposing to locate a storm pond to collect a majority of their run-off on the lot at 1345 Gardena Avenue. Fridley Engineering staff will review the project to ensure that engineering calculations of the proposed projecYs engineer protects the integrity of the state's run-off requirement and to ensure neighboring property owners aren't affected by this addition. TRAFFIC ANALYSIS City staff reviewed the City's Comprehensive Plan's Transportation Chapter, to evaluate the traffic capacity for Gardena Avenue. It indicates that Gardena Avenue's daily traffic capacity is between 8,000 to 9,000 vehicles per day, to be considered to function at a Level of Service (LOS) D. The 2001 traffic count on Gardena Avenue, east of Matterhorn Drive was 4,150 AADT (vehicles a day), which is approximately 50% of the capacity it could handle in a given day. Currently, the students are dropped off in front of the school through the use of streeUcurb expansion. The proposed addition will allow the buses and parents to drop the children off in front of Phase I, within the new parking lot expansion; therefore, reducing congestion on Gardena Avenue. At the time this report was completed for the Planning Commission, staff was waiting on additional traffic information from the Engineering department. That information will be available for the Planning Commission meeting. PRIVATE SCHOOL COMPARISON — AL AMAUWOODCREST BAPTISTITOTINO GRACE AI-Amal School currently has 344 students. Woodcrest Baptist Academy has 235 students and Totino Grace has a student population of 1100 students. AI-Amal's campus is just shy of 14 acres. The current building for the AI-Amal School is 36,537 square feet. The Phase I class room addition is 15,500 square feet and Phase 2 is 24,614 square feet. With both Phase I and Phase II built, AI-Amal school will occupy only 13% of their entire school property. The Woodcrest Baptist grounds are approximately 4 acres. Their total building area is 35,433 square feet. (orig. church 3472 square feet, 1967 addition 4,725 square feet, school 17,000 square feet, gym and prayer space addition 10,236 square feet.). Their lot coverage is 20% Totino Grace High School has 30 acres and just over 250,000 square feet of building space. Their lot coverage is 19%. � : I Another comparison would be to balance the student population to the square foot dimension of their respective facility. This number is derived from dividing the number of square feet of facility by the number of students who attend. Totino Grace has 227 square feet of space per student, Woodcrest Baptist Academy has 150 square feet per student, AI-Amal School has 106 square feet per student (current); AI-Amal School will have 153 square feet per student with the Phase I addition; AI-Amal School will have 227 square feet per student with Phase I and Phase II complete. City staff thought it was interesting to point out these comparisons, in order to show the relationship between each school and the amount of land owned and the relationship between the square footage of space and the student population. In all instances it shows that the AI- Amal school has less lot coverage and less student space per square foot than either of the other schools, even if Phase II is completed. RECOMMENDATIONS City Staff recommends approval of this special use permit, as it is a modification to their existing special use permifs, which allows a private school and religious activities in fhe R-1 Single Family District. City Sfaff recommends approval with stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines, when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking shall be installed. 59 7 �� ` AGENDA ITEM a�r�raF CITY COUNCIL MEETING OF DECEMBER 13� 2004 FRIDLEY INFORMAL STATUS REPORTS �. �