01/03/2005 - 4573OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
JANUARY 3, 2005
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 3, 2005
?:30 p.m. — City Council Chambers
Attendance Sheet
Please �rint name address and item number vou are interested in.
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qTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 3, 2005
7:30 p.m. - City Council Chambers
Attendance Sheet
Please nrint name address and item number vou are interested in.
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� CITY COUNCIL MEETING OF JANUARY 3, 2005
CfiY OF
FRIQLEY
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, marital 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.
OATH OF OFFICE: MAYOR AND COUNCILMEMBER-AT-LARGE
PRESENTATION: Certificate of Appreciation to the Fridley Knights of Columbus
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 13, 2004
NEW BUSINESS:
Receive the Minutes from the Planning
Commission Meeting of December 15, 2004 ...................................................... 1- 4
2. Resolution Designating Official Depositories
forthe City of Fridley .......................................................................................... 5- 7
3. Resolution Designating an Official Newspaper
forthe Year 2005 ............................................................................................... 8- 9
FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Resolution Authorizing a Change in Mileage
Reimbursement Rates for the 2005 Calendar
Year..................................................................................................... 10 - 11
5. Resolution Imposing Load Limits on Public
Streets in the City of Fridley, Minnesota ............................................................. 12 - 17
6. Resolution Designating Director and Alternate
Director to the Suburban Rate Authority ............................................................ 18 - 19
7. Resolution Authorizing an Application for the
2005 Community Development Block Grant
Program....................................................................................................... 20 - 22
8. Approve Second Amendment to Section 8
Housing Assistance Payments Program Contract _
for Administrative Services befinreen the City of
Fridley and the Metropolitan Council .................................................................. 23 - 26
9. Approve 2005 Animal Control Contract befinreen
the City of Fridley and Brighton Veterinary
Hospital....................................................................................................... 27 - 31
FRIDLEY CITY COUNCIL MEETING OF JANUARY 3 2005 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
10. Receive Bids and Award Proposal for a Quint
Aerial Fire Truck ......................................... 32 - 33
........................................................
I11. Approve 2005 City Council and Staff Appointments .......................................... 34
12. Appointment — City Employee ............................................................................ 35
13. Claims ....................................................................................................... 36
14. Licenses .................... 37 - 40
...................................................................................
15. Estimates .................................................. 41
.....................................................
ADOPTION OF AGENDA.
` OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes
OLD BUSINESS:
16. Approve Contract Amendment befinreen
the City of Fridley and Short Elliott
Hendrickson Inc. for the TH 65 Causeway
Project (Tabled December 6, 2004) ........ 42 - 45
...........................................................
FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 PAGE 4
OLD BUSINESS (CONTINUED):
17. 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
Avenue N.E. (Ward 2) (Tabled December 13,
2004) ....................................................................................................... 46 - 58
NEW BUSINESS:
18. First Reading of an Ordinance Amending
Chapter 30, Chapter 603 and Chapter 606
of the Fridley City Code Pertaining to Lawful
Gambling....................................................................................................... 59 - 62
19. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit for the
Italian American Club Foundation, Inc., at the
Fridley American Legion Post 303 Located at
7365 Central Avenue N.E. (1Nard 2) .................................................................. 63 - 64
20. Resolution Approving Design Plans, Landscape
Restoration Plan and Ordering Advertisement for
Bids: Springbrook Creek Restoration Project
No. 358 ....................................................................................................... 65 - 69
21. Variance Request, VAR #04-14, by St. Phillip's
Lutheran Church, to Increase the Maximum
Square Footage of a Free-Standing Sign from
32 Square Feet to 78 Square Feet, Generally
Located at 6180 Highway 65 N.E. (Ward 2) ....................................................... 70 - 82
FRIDLEY CITY COUNCIL MEETING OF JANUARY 3 2005 PAGE 5
NEW BUSINESS (CONTINUED):
22. Variance Request, VAR #04-15, by Bill Hinks,
Furniture Outlets, USA, Inc., to Increase the
Amount of Allowable Wall Signage on the North
Facing Wall of the Building from 342 Square
Feet to 734 Square Feet; to Increase the Amount
of Allowable Wall Signage on the West Facing
Wall of the Building from 289 Square Feet to
420 Square Feet; to Increase the Amount of
Allowable Wall Signage on the East Facing Wall
from 289 Square Feet to 541 Square Feet, and to
Allow Signage on Three Walls of an Industrial
Building, Generally Located at 5353 East River
Road(Ward 3) ................................................................................................... 83 - 99
23. Informal Status Reports ..................................................................................... 100
ADJOURN.
MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 13, 2004
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 13, 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 Wolfe
MEMBERS ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Rick Pribyl, Finance Director
Jon Haukaas, Public Works Director
Julie Jones, Planning Coordinator
Rebecca Brazys, Recording Secretary
PRESENTATION:
Robert Christianson, Fridley Historical Society, stated the Anoka County Historical
Society has an annual Christmas tree with an ornament from each of the 21
communities in the county. The symbol for the Fridley Historical Society was a windmill,
which represented one hundred years of agriculture. The ornament had to be hand
made, so Charles Martin, a Fridley artist, spent over 100 hours making a perFe�t replica
of a windmill out of brass. This ornament was presented to the Anoka County Historical
Society last week. On behalf of the Fridley Historical Society, he presented a framed
photograph of the ornament.
Charles Martin stated it is in Fridley's best interest to have an attractive ornament on the
Anoka Historical Society Christmas tree where everyone in the state can see i# and
become aware of our community.
Mayor Lund thanked Mr. Christianson and Mr. Martin.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13� 2004 PAGE 2
CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council meeting of December 6, 2004
APPROVED
NEW BUSINESS:
1. Receive the Minutes from the Planninct Commission Meetinq of November -
17. 2004.
RECEIVED.
2. Approve Extension to Preliminarv Plat Request, PS #03-18, bv Town Center
Development, for the Properties Located at 1282 Mississippi Street N.E.
and 6490 Central Avenue N.E. (Ward 2).
Dr. Burns, City Manager, stated Dave Reiner and Richard Whinnery of Town Center
Development are requesting a six-month extension of their preliminary plat. Since
Council's approval of the preliminary plat in January of this year, the closing has been
held up by litigation filed by another party who claims a financial interest in the
properties. The matter will be heard in Anoka County District Court on December 22
and the judge has 90 days to render a decision. Staff recommends Council's approval
of the extension.
APPROVED.
3. Approve 2005 Tri-Citv Consultinq Services Aqreement Between the Citv of
Fridlev and GIS Ranqers, LLC.
Dr. Burns, City Manager, stated this is a renewal of a contract between the cities of
Andover, Columbia Heights and Fridley with GIS Rangers LLC. Fridley's share of the
contract cost is $28,183 for 80 hours of technical assistance per month, which is the
same amount paid in 2004. This contract enables the City to receive invaluable -
assistance with geographic information system mapping in many areas of City
operations. In view of the high quality of service received through this agreement in .
past years, staff recommends Council's approval.
APPROVED.
4. Resolution No 2004-74 of the Citv of Fridlev Acknowledqinct Receipt of the
Time Warner Inc Formal Franchise Proposal for the Provision of Cable
Television with the Citv of Fridlev.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13 2004 PAGE 3
Dr. Burns, City Manager, stated the formal franchise renewal process was initiated by
Time Warner some time ago. The City received the formal proposal on November 30.
Council received an executive summary of the proposal in their packets. The resolution
before the Council tonight complies with the Federal Cable Franchise Act requirement
that the City must provide prompt public notice that it has received a renewal proposal
from the operator. Having received the Time Warner formal proposal, the City has until
the end of March to either renew the franchise with Time Warner or issue a preliminary
assessment that the franchise should not be renewed. If the City determines not to
renew, another administrative process must be started that will consider, among other
things, whether Time Warner's proposal is reasonable to meet the future cable-related
community needs. Within the next finro weeks, staff will be reviewing the Time-Warner
formal proposal and will bring a recommendation to the Council regarding the
acceptability of that proposal. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-74.
5. Claims: 119540 —119670
APPROVED.
6. Licenses.
APPROVED THE LICENSES 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
Pete Eisenzimmer, 6535 Oakley Drive, asked for more information regarding the Time
Warner franchise.
Dr. Burns explained that this relates to the renewal of their cable franchise. This is a
source of revenue for the City.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the consent agenda.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the
agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
PRESENTATION — MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS
BUREAU.
Mr. Bob Musil, Executive Director of Minneapolis Metro North Convention and Visitors
Bureau, presented an overview of their 2005 budget.
OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes
Pete Eisenzimmer, 6535 Oakley Drive, stated he is not happy with the budget and levy
proposed by the City, and was particularly unhappy with the property tax increase.
Councilmember Billings explained that the total amount of real estate taxes that the City
will receive has gone up less than the cost of living since 1990. The way the property
taxes are calculated varies befinreen commercial, rental, and residential property. In
addition, for years, the State was subsidizing property taxes by paying a portion of those
taxes. The sales tax was created by the State for the specific purpose of reducing
property taxes, but the state is now keeping the sales tax revenue.
Mayor Lund added that the 2005 budget expenditures reflect an increase of only 1.3%
over 2004.
Mr. Eisenzimmer commented that the 3% pay increase for City employees could have
been cut to 1.5% as a cost savings measure.
Mayor Lund explained that was considered, but based on the raise for police officers
that was determined by arbitration and comparisons to nearby communities, the 3%
raise was approved.
Councilmember Wolfe added tha# because the Charter amendment failed, the City was
forced to raise taxes just to keep up.
Jim Hamilton, 5990 Oakwood Manor, expressed his concern over the traffic problems
created by the turning island in front of the Holiday Service Station on Old Central. He
suggested the City get together with the County and State and get this problem fixed.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 5
Mayor Lund and Councilmember Wolfe explained that Old Central is considered a
county road and the City has discussed this issue with the County many times.
Ray McAfee, 1360 Hillcrest Drive, stated he agrees with the concerns expressed by Mr.
Hamilton about this intersection.
NEW BUSINESS:
8. Resolution No. 2004-75 Certifvinq Final Tax Levv Requirements for 2005 to
the Countv of Anoka.
Mr. Pribyl, Finance Director, stated this resolution is in keeping with the State's Truth in
Taxation process. The public hearing was held December 6. The proposed levy
resolution complies with both State law and the City Charter requirement. The City
passed the proposed levy in August in the amount of $8,067,949. This resolution is
considered the final levy and was used to develop the 2005 budget. Staff recommends
Council's approval.
MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve
Resolution No. 2004-75.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
9. Resolution No. 2004-76 Adoptinq the Final Budaet for the Fiscal Year 2005.
Mr. Pribyl stated at the December 6 City Council meeting, the City Manager delivered
the 2005 budget message during the public hearing. This resolution actualfy adopts the
2005 budget and will complete the Truth in Taxation process required by the State. The
certification of this final budget must be before the County Auditor by December 28.
The City has complied with the appropriate sections of the City Charter. Copies of the
budget are available at City Hall, the Anoka County Library or on the City's website.
With no open issues to resolve as a result of the public hearing, staff recommends
CounciPs approval.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
Resolution 2004-76.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
10. Special Use Permit Request, SP #04-06 bv Anwar Abdel-Karim, Islamic
Center of Minnesota, to Amend their Existinq Special Use Permit, to Allow a
School Expansion to be Used for Classrooms and a Multiple Purpose
Room, Subiect to Easement of Record, Generallv Located at 1401 Gardena
Avenue N.E. (Ward 2).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 6
Mayor Lund announced this is not a public hearing but Council will take comments on
new information only. The public hearing on this matter was held by the Planning
Commission and Council has reviewed the minutes of that meeting. Also, no decision
will be made on this matter this evening because Councilmember Bolkcom could not
attend the meeting. The final decision will be made at the City Council's meeting on
January 3.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to enter into
the record the following: December 6, 2004, letter from Don and Patricia Lewis;
December 12, 2004, letter from Fredrick Kile; December 10, 2004, e-mail from David
and Sharron Landes; and November 26, 2004, letter from Eldora Iverson.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Jones, Planning Coordinator, stated the petitioner is seeking a special use permit to
allow an expansion of the existing private school located at 1401 Gardena Avenue.
This private school and religious center exist as the result of previously granted special
use permits. The property is rather an odd shape due to the fact that the original school
was designed as a walk-in public school. The petitioner owns the property at 1345 and
1413 Gardena with the 1413 Gardena property being used to house a day care center.
Ms. Jones explained that the property is zoned R-1 as are the single family properties
surrounding the school. The property to the south is Totino-Grace High School. The
subject property was developed in 1967 when Gardena Elementary School was
constructed. Gardena closed in the fall of 1978 due to the projected decline in
enrollment. The school was then sold to Faith Academy, and the City has since
considered several special use permit applications for the property. The Islamic Center
purchased the property in 1988. The AI-Amal School opened in September 1994 and
leases from the Islamic Center. The AI-Amal School provides education for children in
kindergarten through 12th grade and was founded by parents and community members
who wanted an alternative to public school. The AI-Amal School serves children and
their families from the Twin Cities and the surrounding suburbs and is the only Islamic
school in Minnesota. The AI-Amal school's classes are in session Monday through
Friday with extra-curricular activities in the evening. In addition, Sunday school and a
time of prayer are conducted for adults. No regularly scheduled religious services are
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-phase addition. The first phase of
the addition will extend to the northwest of the property 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 would continue
beyond the first phase to the northwest of the existing building and will include a multi-
purpose gym/gathering space, locker rooms, a library, a book store, a new main entry
and various administrative offices. This space would contain 24,614 square feet and is
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 7
tentatively planned to be constructed within five to ten years of completion of the first
phase. Ms. Jones reviewed the site plan to show how the addition will relate to the
existing single level school structure design and the surrounding residential
neighborhood. The multi-purpose area roof line is stepped back behind a single story
facade to diminish its mass as well.
Ms. Jones explained staff is considering Oakwood Manor as the front yard for this
� property because that is the narrowest street width and it provides the greatest amount
of setback to surrounding residential properties. There will be a new entrance to the
- school in the Phase I area. There have been some concerns raised about traffic flow to
the site, so this plan includes a new off-street area for school traffic to drop off and pick
up students. There is also parking planned for the eastern part of the property which
will not be constructed until Phase II is built. AI-Amal has stated that Phase I is
essential for the school to retain its student base. According to the Islamic Center,
Phase II is not on the horizon to be built any time soon, but was added to the site plan
to show the master plan for this location. This allows the City to be assured that the site
can accommodate the parking and storm water management requirements at full build-
out. The multi-purpose room proposed 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
on the plan is an error and should have been removed from the plans.
Ms. Jones stated the AI-Amal School currently serves approximately 300 children
befinreen grades kindergarten through 12. When the building was originally constructed
in 1967, it was designated as an elementary schoot. As a result, there is limited space
available to service middle school and high school children's needs. When the building
was originally constructed, science and computer labs were not common but these
types of services are essential for a private school to attract students today. Currently,
the gym is being used as a classroom for high school students. The prayer room and
library are also being converted daily into classrooms. Because of the lack of space,
most of the middle and high school grades have had to be combined. The Islamic.
Center has told staff that the existing building would work wonderFulfy if they were
serving elementary students, but the additional space is needed to attract and keep the
middle and high school students. The main reason for the addition is that they have
outgrown their existing facility and they want to provide additional high school
educational opportunities. Constructing this addition will reduce crowding and provide
the extra space needed for extra classrooms. The Islamic Center hopes this will result
in bringing back some of their lost student population.
Ms. Jones stated the school will physically be larger; however the student body
population and the student to teacher ratio will stay very close to what they currently
have. Even with the proposed addition, they believe 500 students would be their
dream, but 400 total is more realistic. The AI-Amal website indicates that they hope to
go to 1,000 students, but that statement has been clarified by the school that if their
population should reach that number, they would need to relocate to a larger facility
somewhere else.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 8
Mr. Hickok, Community Development Director, said the City Code requires a minimum
of 212 parking stalls with the existing building, Phase I and Phase II. To meet those
requirements, the petitioner will have to construct the code-required stalls for the
existing facility and Phase I which is 102. The remaining 110 stalls can be proof of
parking until Phase II is constructed. Petitioner has asked that 30 of the 102 required
stalls be added to the proof of parking because they feel it better matches the parking
they would need. The AI-Amal students are not allowed to drive to the school, which
creates less need for parking. The Islamic Center also has a cross-parking agreement
with Totino-Grace. This agreement allows AI-Amal to use the Totino Grace 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 working
relationship with Totino-Grace and they coordinate their schedules so both schools do
not have big events at the same time.
Mr. Hickok explained the City Code requires that the maximum lot coverage in a R-1
district be 25% and that there be 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. The City Code also requires that the lighting be shielded and downcast so as
not to extend over the property line. 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 be a single story with
some architectural embellishments that will relate to Phase II once it is completed.
Phase II has a larger peaked roof over the multi-purpose room and the mass of that roof
has been diminished by stepping it back beyond the single story fa�ade. This helps to
create an eye line that is more in line with the houses across from the building. This is a
positive influence in pulling down the scale of the taller portion of the building so it can
relate to the low-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 buildings can be located to a wetland. Staff contacted the
Department of Natural Resources to get advice on what a proper building setback would
be from the wetland located on the Islamic Center site. The DNR informed staff that this
is not a protected wetland area and as a result, the DNR does not have restrictions on
how close you can build. The closest portion of the proposed building in Phase II will be
48 feet from the delineated edge of the wetland. All other portions of Phase I and
Phase II are back further than 48 feet. The petitioner hired a consultant 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 District to evaluate any additional restrictions that might be on the site in
relation to the wetland.
Mr. Hickok stated the 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 the run-off on the lot at 1345 Gardena Avenue. Fridley engineering
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 9
staff will review the project to ensure that engineering calculations protect the integrity of
the State's run-off requirement and to ensure neighboring property owners are not
affected by this addition. The petitioner has indicated they would like to preserve the
two homes as long as possible and hope to create the ponding in a way that does not
necessarily mean that a home is removed on the first phase of the project. 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. He said that currently, students are dropped off in front of the
school through the use of street/curb 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, reducing congestion on Gardena Av.
Mr. Hickok further explained that AI-Amal School currently has 344 students, Woodcrest
Baptist Academy has 235 students and Totino Grace has 1,100 students. AI-Amal's
campus is just shy of 14 acres. The current building for the AI-Amal School is 36,537
square feet. With both Phase I and Phase II built, the 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 for a lot coverage of 20%.
Totino Grace High School has 30 acres and just over 250,000 square feet of building
space for a total lot coverage of 19%. Another comparison would be to balance the
student population to the square foot dimension of the respective facility. This number
is derived by dividing the number of square feet of facility by the number of students
who attend. Totino Grace has 227 square feet per student, Woodcrest has 150 square
feet per student and AI-Amal has 106 square feet per student. With the Phase I
addition, AI Amal will have 153 square feet per student, and with the Phase I and Phase
II addition, they will have 227 square feet per student.
Mr. Hickok described a"pyramid of applications." At the top of the pyramid are permitted
uses. The City has the least amount of discretion to say no or in any way affect
permitted uses that meet all of the City's guidelines. Next in the pyramid is a conditional
use permit which has a slightly broader discretion. Permit uses that have a non-
conforming aspect which would require a variance are next. Below that would be
unpermitted uses consistent with the comprehensive plan which would require a
building permit, zoning amendment, and sometimes a conditional use permit. The final
level would be unpermitted uses inconsistent with the Comprehensive Plan that would
require a building permit, rezoning, sometimes a conditional use permit and ultimately a
Comprehensive Plan amendment. The importance of this pyramid is that it points out
the amount of discretion the City has. He said Council acts like a judge and the citizens
are the advocates. The City must defend its decision based on the record made at the
City Council meeting and Planning Commission meeting. Even when a building permit
and conditional use permit are required, the City Council's blessing may not be
required. If the law gives criteria for a permit or conditional use permit, and the
application meets it, often the City must issue the permit. Sometimes ambiguous City
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 10
ordinances are construed in favor of the property owner, usually the applicant.
Neighbors and neighborhoods cannot be given veto power over applications. Advance
approval is not required and neighborhood opposition cannot be the sole basis for
denying an application. The facts and evidence neighbors provide can support approval
or denial of an application.
Mr. Hickok stated there were five categories discussed at the public hearing held by the
Planning Commission. One was the parking. In the parking analysis, staff determined
the number of stalls required vastly increases the required parking on the site--over 70
initially and ultimately 212 stalls by the completion of Phase II. One concern expressed
was about the close proximity of the parking lot to surrounding properties because
Oakwood was used as the front lot line. He explained that parking in the side or rear
yard can be as close as 5 feet. The front yard designation is only a factor in building
setbacks. Using Gardena Avenue as the front yard, the standard setback would be 25
feet along Gardena Avenue and the rear yard setback would be 40 feet. This would
mean that the school could actually start their addition on the lot labeled 1401 between
two existing houses as long as they met the 40 foot setback. Staff did not believe the
neighbors would like that scenario. Another option was to use Hillcrest as the front lot
designation and the rear yard would then be Gardena and the school could build as
close as 25 feet to the vacant lot on Hillcrest and as close as 10 feet to the building on
the Gardena Circle side and the other side. With Oakwood Manor as the front setback,
there is a greater setback from the homes on Gardena Circle. It was never the school's
intention to go any closer than the 20 feet they are from 1314 on the north side of the
property. Using Oakwood Manor as the front yard for setback requirements gives the
surrounding neighbors a better setback.
Councilmember Billings asked if staff has the discretion of choosing where the front,
side, or rear yard will be.
Mr. Hickok stated there is a definition in the City Code that if the lot is on a corner and
fronts on more than finro streets, the narrowest lot dimension would be considered the
front yard. The narrowest dimension on the Islamic Center property is the 60-foot wide
lot on Oakwood Manor. This is not the classic corner situation. It does front on two
streets and runs longer east—west than it does north—south. The developer did not
object to having that interpretation and staff wanted to have the building put back the
furthest from all adjacent dwellings.
Councilmember Wolfe asked if Oakwood Manor extends to Gardena.
Mr. Hickok explained the City likely has the remainder of Oakwood Manor as easement
rather than right-of-way. Though the street goes through, it is by virtue of easements as
opposed to right-of-way in that segment and easements do not show up on the County's
maps.
Mr. Hickok stated that another concern expressed at the public hearing was the phasing
of the special use permit. Special use permits are granted with the requirement that the
project be started within one year. This project has two phases. Phase I must
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 11
commence within the first year, but they do not need to complete Phase I or commence
with Phase II within the first year. Staff suggested, and the petitioner and their
architects agreed, that the best way to proceed would be to show all phases of the
project up front to eliminate surprises later. This would also allow for a master plan
decision-making process as opposed to an incremental decision-making process. This
is consistent with what has happened in Fridley historically; specifically, the expansion
plan of the United Methodist Church on Mississippi Street that was submitted in 1966.
Mr. Hickok explained another issue at the public hearing was the safety of the proposed
pond. The pond needs to be approved for capacity and must meet all the engineering
requirements. State laws require that the run-off from a site be treated before it leaves
the site. This project is required to have a pond. It is not designed to dump into the
wetland and it is not meant to be something that is dangerous to children. This will be
analyzed as they get to the final design stages.
Mr. Hickok said another concern was the traffic. Traffic numbers were taken from the
2001 traffic count, the last official traffic count on Gardena. Some residents questioned
whether new development, such as Medtronic, could have caused an increase in traffic
along Gardena. Mr. Hickok explained there has been a great increase along Highway
65 and Old Central, but along Gardena there are about the same traffic patterns. Staff
pulled did pull up the accident data for this area for the past two years. The street in
front of AI-Amal has not been the scene of any accidents in that period.
Ms. Jones stated the Planning Commission unanimously recommended approval of this
petition at their November 17 meeting with 11 stipulations as recommended by staff.
Staff recommends concurrence with their recommendation 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.
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.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 12
11. When Phase II is constructed, existing parking now shown as proof of parking
shall be installed.
Councilmember Billings asked if there were other examples where Council has
approved projects that took place in phases.
Mr. Hickok stated Medtronic is a master plan development with two more phases yet to
begin. The Rottlund project across from City Hall happened in three phases. Phasing
is not an unusual concept.
Councilmember Billings stated one of the stipulations is that the maximum height is not
to exceed 45 feet. He asked if there are other buildings in an R-1 district that are that
high that have not gone through a variance process.
Mr. Hickok stated a special use permit includes a provision that allows other uses in R-1
districts that may require special provisions; including churches, schools, and hospitals.
Grace Evangelical Church has a height of 36 feet on its new addition.
Councilmember Billings asked if United Methodist, Grace and Unity Hospital have
variances for their height.
Mr. Hickok stated they do not. The height was a part of the special use permit approval.
Historically a special use is viewed as something that may need additional consideration
or mitigation for features like height.
Councilmember Wolfe asked when staff is reviewing the potential traffic impact, did they
take into consideration all development in the area.
Mr. Haukaas, Public Works Director, stated there was no traffic study done for this
project, simply a traffic count, which is only a reflection of how many cars actually drove
on the road during the time of the count.
Councilmember Wolfe explained part of the concern he and neighbors have is the
increase in traffic on surrounding roads create back-ups on Gardena.
Mr. Hickok stated petitioner is anticipating no increase in the vehicle activity for their
school as a result of this expansion. Even if the school population reaches the peak of
400 to 500 students, they do not expect an impact on the traffic beyond the peak hours
that would take the intersections to a point that they could not accept it. Gardena and
its intersections were designed for at least double the traffic.
Councilmember Barnette commented there is a great deal of difference between a
retention pond and a detention pond. It is his understanding that the proposed pond for
this site will be a detention pond, similar to the pond at the Fridley Community Center,
and will very seldom have water sitting in it.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 13
Mr. Haukaas stated that is essentially correct. The soils in the area will most likely
make this a dry pond that will hold the water during large events and meter it out and
the rest will infiltrate into the ground.
Mayor Lund asked if this involves any zoning change, such as from R-1 to CR-1.
Mr. Hickok responded it does not.
Mayor Lund asked if Council has the authority to add stipulations to those already
recommended by staff, such as a fence around the pond or a privacy fence along the
property line.
Mr. Hickok stated the City can impose any reasonable restrictions related to public
health and safety in the case of a special use permit. Those restrictions, however, need
to be based on the record and information presented at the public hearing or information
that the Mayor or council members may have. If there is something off the record, it
would have to be stated.
Mayor Lund asked if there has been any discussion about Phase II being located to the
east of the existing facility rather than to the west and tucking the 45 foot building into
the existing hillside to minimize the height. Placing Phase II in the area to the east
would result in it being much further away from surrounding properties.
Mr. Hickok stated that a couple of years ago the Islamic Center had looked into adding
temporary classrooms on the northeast corner but the amount of grading was enormous
and would change the contour of the land. For that reason and the fact that they have
the shared arrangement with Totino-Grace for outdoor activities, they want to retain the
open area to the east. Also, this would mean the area to the west would have to
become a very large parking lot which would diminish the playground area. He stated
the petitioner has evaluated all options and the current proposal is the best scenario
and the most sensitive to the surrounding neighborhood.
Mayor Lund asked about the proposed parking.
Mr. Hickok stated the location of the parking is one of the byproducts of having an odd
shaped parcel and having a wetland that carves out the middle of the property.
Councilmember Wolfe stated he is concerned about approving both phases now. He
asked if Council can make changes to the plan when petitioner decides to proceed with
Phase II.
Mr. Hickok stated that is the purpose of planning ahead of time; so they know what they
are planning for and can start budgeting and set a course for the final project. He
thought that unless the Council has an issue with the project now, it would be unfair to
come back in five years and try to make changes. Council can recall a special use
permit, however, at any point and look at it to make sure the impacts are being
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 14
mitigated the way the stipulations required. Also, if Council discovers something in
Phase I that they want to correct before Phase II, Council could call it back and add an
additional stipulation or mitigation that may not have been caught on the site plan.
Councilmember Wolfe stated in five years there could be five new Council members
who do not like the plan at all.
Mr. Hickok stated for the benefit of the people who are doing the budgeting and
planning for the school, it is only fair to set a course so they can move on with planning.
Councilmember Wolfe stated he has a problem with "rubber stamping" Phase II and
asked how the project can be stopped if it is something the Council decides in three or
four years that it does not want.
Mr. Hickok discouraged the Council from that kind of strategy. He recommended
instead that Council give serious thought about what it is that causes them concern and
add stipulations to mitigate those concerns.
Councilmember Barnette asked if, at some point, the Islamic Center decides to move
their mosque to this site that would constitute a significant change.
Mr. Hickok said it would and petitioner would have to apply for another special use
permit.
Mayor Lund said his problems with the proposal are the height of Phase II, the parking
exception and the need for a privacy fence.
Anwar Abdul-Karim, Vice President of the Islamic Center, stated this expansion will help
resolve overcrowding problems, provide additional educational opportunities and
improve the quality of education for their students. He said AI-Amal created a new
drop-off area for buses and students and they set their school start and end times later
than Totino-Grace to lessen the traffic congestion. AI-Amal is willing to work with their
neighbors and the proposal before Council includes changes that were made to address
some of the neighbors' concerns. He stated they have no intention of moving their
mosque from Columbia Heights to this site.
Councilmember Barnette asked if the Islamic Center will allow Totino-Grace to_ utilize
the additional parking planned for this site.
Mr. Abdul-Karim responded that they would have no objections to working with Totino-
Grace on the parking.
Dean Dovolis, project architect, reviewed an aerial view of the project site. In response
to the suggestion that the expansion be built to the east of the current school, he
explained there is a 20 foot rise in that area while the west side of the property is flat.
They did consider the east side of the property but determined that the impact would be
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 15
considerably greater; including the loss of many trees and the loss of athletic fields.
The thought was to keep the building concentrated on the west side and if Phase II was
built, the parking lot would be built in the low area to the east of the school and would
not have the same visual impact. The logic was to wrap the buildings around the
wetlands and nestle the parking into the east side. This layout allows for the bus drop
to come back off Gardena. That would not be possible if they developed the east side
of the property due to the grading issues. In terms of all analyses this location proved to
be less detrimental to the surrounding neighborhoods in terms of all factors; ecology,
traffic, visibility, access, height and green space. Also, this layout made it possible to
not have a second access into the property which was a key concern for the
surrounding residents. He said they had no problem with putting in a fence. He has
worked with natural barriers and a well maintained green barrier holds up much better
over time. A fence has a more immediate impact, but deteriorates over time. Another
possibility is a low fence along with a green barrier.
Mr. Dovolis said in response to concerns over the height of Phase II, he recently
completed a project in Minneapolis with a multi-purpose room similar to what is
proposed for Phase II. That community overwhelmingly preferred the gabled hipped
roof even though the peak was higher in the sky, but the fact that it slanted up the sides
was much more acceptable to the residents in terms of scale. He explained they could
lower the height of the Phase II building, but the corners would have to come higher to
make the multi-purpose space work. With respect to access to this property, they were
able to remove the connection to Hillcrest and keep that green area intact to appease
the neighbors' concerns. Phase I will include a controlled drop-off site to get the traffic
off Gardena. People parking in the east lot, will be able to connect through the school
and get to the addition. With this plan, they are able to retain nearly 100% of the
existing trees on the site.
Mayor Lund said that his suggestion was to build Phase II into the hill east of the school,
not grade the hill down.
Mr. Dovolis explained that t�iere would be a significant loss of trees and green space.
The area to the east of the school is unbuildable unless you level it out, top off the hill
and fill it in.
Naeem Qureshi, civil engineer hired by the petitioner, explained that soil borings on the
east side of the property revealed very poor soil for 19 to 20 feet, which would make it
necessary to sub-cut the area about 20 feet to construct a building in that area.
Mayor Lund questioned the maximum height allowed in an R-1 district.
Mr. Hickok explained that for a typical R-1 use, the maximum height would be 30 feet.
But there are a number of examples in Fridley that by special use permits are larger and
no variance was required.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 16
Jim Hamilton, 5990 Oakwood Manor, commented that the City of Minneapolis is closing
17 schools--11 next year and 6 in two years. He suggested that the Islamic Center may
want to look into purchasing one of those schools rather than expanding the AI-Amal
school.
Councilmember Wolfe pointed out that Pike Lake Elementary School on Silver Lake
Road is closing.
Mr. Dovolis explained that many families have moved to Fridley to be near the AI-Amal
School and want the school in their neighborhood.
Abdisalam Adam, 5708 Jefferson Street, stated he would not want AI-Amal to relocate.
The student population is diverse from all over the Islamic world; many of them are
multi-lingual and many are multi-cultural. This type of school is a model school. The
families intend to remain a part of the community and hope to be viewed as positive
neighbors.
Todd Belland, 1322 Hillcrest Drive, questioned if the hill to the east would have to be
dug out to install the new parking lot.
Mr. Dovolis responded that a portion of the parking lot will be at grade and then it will be
tiered up to the next level.
Kimal Balioglu, 6160 Rice Creek Drive, stated he moved from Germany to this area.
Right now there are 197 families, 140 of which drive to their children to the school. If
the population grows to 400, there would be about 20 more families driving. Also, more
and more of the students' families are moving to Fridley, so he anticipates the number
of families will actually decrease in the next five years.
Mr. Abdul-Karim pointed out that to date, 45 AI-Amal families have moved to Fridley
which helped increase the value of homes in the city.
Paula Thorson, 1314 Hillcrest Drive, commented that she is not opposed to the school
or growth but said it was not just a school. It is the Islamic Center for the state with
programs and activities that are more consistent with a school, community center and
church all combined. She claimed that AI-Amal is a 7-day a week, 24-hour a day facility
and the traffic and noise will definitely have an impact on the neighborhood. She stated
the neighbors felt that their concerns were not taken into consideration at the Planning
Commission meeting. She questioned what additional services will be offered once
Phase I and Phase II have been completed and questioned the expected growth in the
number of people coming to the school. The other schools in Fridtey are not
surrounded by privately owned homes. The people on the west side of this property
will have their lives changed by the expansion. She expressed concern about the
safety risks to children with a holding pond in the area. She did not feel it is fair for Mr.
Hickok to compare this site with a CR-1 zoning district. The multi-purpose structure is
actually going to be 49 feet high, much more than the 30 foot minimum in an R-1
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 17
district. She asked why an exception was being made for the height restriction. She did
not want a sidewalk put in between 1310 and 1314 Hillcrest because people would park
on Hillcrest and walk up to the school. This is an oversized build and questioned if it is
an appropriate fit and whether it is in violation of the City Code. It would mean a major
change to the residential character of the neighborhood. The codes are there to protect
the neighborhood's quality of life. She questioned the requested reduction in the
required parking pointing out that there are two schools right across from each other
which makes adequate parking essential when there are events going on at both
schools. She asked if Phase I and Phase II should both be approved now. Council
should do what is best for the City by listening to both sides and making a fair decision
that will last into the future and that everyone can live with.
Councilmember Barnette questioned Ms. Thorson's claim that the AI-Amal school is
used 7 days a week until late at night.
Councilmember Billings stated that Ms. Thorson actually stated the building is used 7
days a week, 24 hours a day.
Ms. Thorson stated the gym doors of the building have been open past midnight with
traffic coming and going. She listed services offered by the Islamic Center, including
community events, funeral services, bookstore, food shelf, marriage services and
counseling services. She clarified her statement that the activities go on 24 hours a
day, but they have gone on as late as 1:00 a.m.
Mr. Abdul-Karim stated they do not have a 24-hour operation at the school. The office
hours are from 9:00 a.m. to 4:00 p.m. which is when the counseling is offered. All the
other services Ms. Thorson mentioned are offered at the Columbia Heights facility.
Most of the activities at the Fridley site are educational activities. They do operate
seven days a week with school on Saturday and Sunday school on Sunday. There are
sports activities after school hours, but those are usually over by 7:00 or 8:00. Beyond
that, the only activity in the schoof would be janitorial services. The building is closed by
10:00 p.m.
Adrianna Sutherland, 8450 Mississippi Boulevard, stated her children attend AI-Amal
School. The land use issue is very important because this is the home of the Islamic
Center and it is not against the neighborhood but is part and parcel of the
neighborhood. The issues they have are the same as those issues the other neighbors
have. The City has the support of all of the people who send their children to AI-Amal
School and those people come from very diverse neighborhoods. They have an
investment in Fridley that goes beyond "just our land." In presenting the 5 or 10 year
plan, it is specifically done to try and alleviate the fears being expressed. She stated
she has fear of certain neighbors who move into her neighborhood, but she does not
have the right to suggest that they live elsewhere. She would like to see Council focus
on the land use and that the neighbors' concerns are also the concerns of those people
who live in Fridley and send their children to AI-Amal School. They want the parking
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 18
issues resolved for the safety of everyone. The arrangement with Totino-Grace shows
what is possible when people are willing to work together for the good of everyone.
Dr. Hamdy EI-Sawaf, Islamic Center, stated there are some evening hours but they are
mainly community gatherings and fund-raising activities to bring the students and
parents together as a community. The expansion project is an effort to keep their
students at their school. These students are the second generation of Muslims in
Fridley and they are the hope of building bridges of understanding between this country
and what Muslims are all about.
Tokan Sarsour, 7847 Able Street N.E., Spring Lake Park, stated all schools are more
than just a school, they are centers for community gatherings. He pointed out that his
experience with public schools includes many after hours activities including PTA
meetings and voting.
Martin Schutz, 5991 Gardena Lane, said that it appears some City staff members have
been advocating for this project.
Mayor Lund responded that it is the role of staff members to bring forth all the
information related to a project.
Mr. Schutz specifically disagreed with Mr. Hickok's comment that there was no rational
basis for a traffic study. To his knowledge there has been no review of the pedestrian
traffic in� this neighborhood. He has no issues with Phase I, but is concerned about
Phase II and the fact that eventually there will be two high schools across the road from
each other. If these two schools are currently sharing facilities, that would say the
facilities are not sufficient to meet the needs of Totino-Grace or AI-Amal School. He
was concerned about what will happen in five or six years if AI-Amal ends up with the
number of students they are hoping for. If the Council is going to vote on this issue, this
should be considered.
Spencer Minear, 1291 Gardena Avenue, stated he lives three doors west of AI-Amal.
He was concerned about the proposed bookstore as it has a"commercial smell" to it.
He was also concerned about the five-foot setback for the parking lot as the cars will be
parking in his back yard. He pointed out that the numbers Mr. Hickok referred to
regarding lot coverage were not based on the usable land, but the full acreage. Right
now, Totino-Grace uses the area of proposed development for their athletic field and it
is already a limited space. When this school was originally built, it did not meet state
standards for outside space for activities for students. This is not a good plan and it will
not benefit the neighborhood. The traffic congestion is already at Grade F and the
proposed development around this site will add to the traffic concerns.
Mr. Hickok stated the school already has the bookstore and it is for students, not a
commercial operation. As far as the usable space, the ordinance for lot coverage is
based on the land that the petitioner owns regardless of what that land consists of.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 19
Mayor Lund commented that the Council is looking at the big picture. They are listening
to the concerns of the neighbors and will try to make the best decision for the
community.
Don Lewis, 6001 Gardena Circle, stated with the parking lot five feet from the property
line and two feet above his back yard, he is concerned about snow accumulation
melting onto his property.
Mayor Lund commented that the parking lot will be sloped towards the retention pond
and there will be curbing along the parking lot.
Mr. Hickok stated the open area at the entrance which is closest to the pond will be the
primary storage area for snow. There will be a hedge along the parking lot to provide
screening.
Mr. Lewis stated he is not against education and he has no problem with Phase I, but
he is concerned about Phase II.
IrFn Sandozi stated he is a parent of AI-Amal students and is one of the trustees of the
Islamic Center. He explained the bookstore is non-profit, not commercial, and is part of
the Islamic Center with no separate account. The books are sold as a part of the fund-
raising activities for the tslamic Center.
Mr. Hickok said that in response to Ms. Thorson's comments regarding the City Code,
the specific section of the code she referred to is Section 205.05.5F(3) under the special
use permit provisions, which states: "In considering applications for a special use permit
under this code, the City Council shall consider the advice and recommendation of the
Planning Commission and the effect of the proposed use upon the health, safety, and
general welfare of occupants of surrounding land, existing and anticipated traffic
conditions, and the effect on values of property in the surrounding area. If it is
determined that the proposed use will not be detrimental to health, safety, and welfare
of the community nor will cause serious traffic congestion, nor hazard, nor will result in
serious depreciation of surrounding property values and the same is in harmony with
the general purpose of the intent of the zoning code, the City Council may grant such a
permit and may impose conditions and safeguards therein by a favorable vote by a
majority of the Council members."
Mayor Lund said that basically leaves it up to Council to determine what is a detriment
to the neighborhood.
Mr. Hickok stated creating a record is part of what the City Attorney would advise and it
is that record that evaluates whether or not this proposal would be a detriment to the
surrounding area. If there are concerns, those need to be mitigated, or Council needs
to say no to the proposal.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 20
Mayor Lund explained that Council will not be voting on this issue tonight, but will take
the matter under consideration and take action at the January 3 meeting when all
Council members are present.
Councilmember Wolfe asked if Council could add stipulations at tonight's meeting.
Mr. Hickok stated stipulations could be recommended this evening and those would
then become a part of the motion on this matter.
Charlie Olson, 5926 Oakwood Manor, asked when the tra�c count was done.
Mr. Haukaas stated traffic counts are done in either late spring or early fall while school
is in session and are generally done on a Tuesday or Wednesday to make it the most
typical count for the area.
Mr. Olson asked what would trigger a traffic study.
Mr. Haukaas explained that a traffic study would be triggered at the request of Council if
they determine that there is enough change and want additional information. For this
proposal, they anticipate a maximum of 150 additional students which would not be a
large increase percentage-wise.
Mr. Olson asked what roads would be included in such a study.
Mr. Haukaas explained the traffic counts were done mid-block in several locations, both
east and west of Matterhorn, on Matterhorn and east of Benjamin.
Mr. Olson asked if there are any projections on Medtronic's growth and increased
impact on traffic.
Mr. Haukaas stated what staff has seen is regional growth throughout the City, not
concentrations of growth because of Medtronic, but a 20% to 30% traffic growth in every
neighborhood. The counts for Highway 65 and Central Avenue have not increased as
much as the neighborhood counts. Highway 65 across Moore Lake has been relatively
steady at around 36,000 a day, and Central Avenue has been pretty steady at about
8,200 to 8,600 cars per day. The peak seemed to be in 1997. The 2001 counts were
down slightly.
Mr. Hickok stated a few years ago a joint study was done with Columbia Heights about
the impact Medtronic would cause in terms of the development and one thing they
wanted to evaluate was where people were coming from and going to. What they found
is that Medtronic is such a regional organization that people come from all points of the
map in the metro area and beyond to work there.
Mayor Lund asked what a traffic study entails.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 21
Mr. Haukaas explained a traffic study gets into much more detail, looking at destinations
and origins of traffic, and will look at population growth and other factors to try to make
some projections on a more localized basis. There is nothing in the code requiring a
traffic study for consideration of this petition.
Zafar Siddiqui, an AI-Amal board member, stated the Islamic Center cares about its
neighbors and will do everything possible to take their concerns into consideration.
They would like the neighbors to be proud of AI-Amal School.
Don Anderson, 7304 West Circle, spoke in support of the petitioner.
Jim Hamilton, 5990 Oakwood Manor, stated he travels Gardena frequently on his mail
route and the traffic problems he sees is at the curbside in front of AI-Amal which is
posted no-parking but is filled with parked cars. He questioned if the new entrance to
Phase I will address the tra�c problems. There are no signs indicating that this is a
school zone.
Councilmember Wolfe stated that the Fridley Police studied the traffic issues in this area
and found that most of those speeding are actually residents of the neighborhood.
Mr. Olson said there is a certain window of time when the tra�c is heavier and that
needs to be considered.
Dave Landes, 5928 Woody Lane, stated he did not believe there was any contention on
this matter with the Planning Commission. Unless the neighborhoods had legal
representation, their concerns were not being considered. This matter needs more
serious scrutiny.
Mayor Lund stated Council is spending a lot of time listening to neighbors' concerns
even though this is not a public hearing.
Councilmember Barnette questioned how this proposal will impact Mr. Landis' home.
Mr. Landes responded this has very little impact on his property, but he was talking
more in a neighborhood sense. There were some meetings where neighbors were very
opposed but it just did not seem to make a difference.
Mayor Lund stated that Council is trying to address the concerns of the neighbors. He
stated the neighbors have to give credible reasons to deny such a request and the
petitioners have to give credible reasons to accept it.
Mohamed Eisa, Brooklyn Park, stated he is considering moving to Fridley because his
children are AI-Amal students. If the expansion is not approved, it would be devastating
to the Muslim community. As far as the traffic concerns, the increase in student
enrollment would result in only a 10% to 15% increase in traffic and the traffic may even
decrease as more AI-Amal families relocate to the Fridley area. He added that the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 22
problems created by the current drop-off location will disappear when the new entrance
and drop-off area has been completed.
Mr. Abdul-Karim stated the expansion will improve the safety of the children because of
the new drop-off location. The Islamic Center listened to their neighbor's concerns and
changed their plans to try and address those issues, and they will continue to listen.
Already 70 AI-Amal families have moved into Fridley and this will help improve property
values and increase the tax base.
Mayor Lund said that after listening to the comments this evening, the staff presentation
and reviewing the Planning Commission minutes, he is not sold on approving the
parking lot concession and the higher roof in Phase II. As for the traffic, he does not
believe a traffic study is necessary as he does not believe there will be a signi�cant
increase. He also stated he plans on requesting a privacy fence for those neighbors
affected by the parking lot. From what he's heard, Phase I is not the problem. Phase II
is, and he hopes the applicant will come back with some revisions on the roof line and
address the parking.
Councilmember Billings asked Mr. Hickok if the petitioner had been notified that an
extension of the 60 day limit was necessary.
Mr. Hickok stated he had done so.
Councilmember BiClings asked if the existing drop-off site on Gardena will be removed.
There are a number of special use permits that current exist for this property, and he
asked how this special use permit will impact those already approved for this site.
Mr. Hickok stated this becomes the modern adaptation of the former special use
permits. Special use permits go with the land. For the record, as this is filed, staff
would consolidate any and all special use permits under the new special use permit and
include any stipulations that were a part of those special use permits.
Councilmember Billings listed a 1988 special use permit for a church, a 1989 special
use permit to operate a day care, a 2000 special use permit to add a classroom and a
2002 special use permit to operate a day care. He asked if there was a special use
permit granted originally in 1967.
Mr. Hickok stated a special use permit was not required for the school.
Councilmember Billings asked if there are any other special use permits on this
property.
Mr. Hickok said there were not.
Councilmember Billings asked for copies of all the special use permits and the
stipulations that were a part of those approvals. He asked if a stipulation could be
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 23
included in this approval that the maximum height of any addition shall not exceed a
specific amount without a variance.
Mr. Hickok responded that he would caution against that, but if Council chooses to do
so, they need to make sure the record supports that this is a mitigation issue and
articulate in the record why the height is important.
I� MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to table
Special Use Permit Request, SP #04-06, to the January 3, 2005, City Council meeting.
i�
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
11. Informal Status Reports.
No items were discussed.
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:35 PM.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
0
CITY OF FRIDLEY
PLANNING COMMISSION
DECEMBER 15, 2004
CALL TO ORDER
Chairperson Savage called the December 15, 2004 meeting of the Planning Commission to
order at 7:30 p.m.
ROLL CALL
Members present:
Others present:
Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Leroy
Oquist, and Brad Dunham.
Julie Jones, Planning Coordinator
Rebecca Brazys, Recording Secretary
APPROVE PLANNING COMMISSION MINUTES — November 17, 2004
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Upcomina Sprinabrook Watershed Proiect / Restoration Plan
Ms. Jones stated this item is part of a very large project that has been going on for a number of
years in the city. They have not had to come to the Planning Commission for anything related
to this project, so she provided a brief review. The City of Fridley is part of the Springbrook
Clean Water Partnership Watershed Project with the main source of funding being the
Minnesota Pollution Control Agency. The project is designed to restore the wetlands at
Springbrook Nature Center. Starting in 1997, they spent a number of years studying the
wetlands as Phase I of the project and came up with solutions. Now they are in the second
phase of the project, the actual implementation. The wetlands are not only important for the
wildlife at Springbrook s ssalsoRiver.eThisl'phase stabout a$600,000 p o ecte Springbrook
w a t e r s h e d i n t o t h e M i s p p
Ms. Jones explained this is a multi jurisdictionaf project including four cities; Spring Lake Park,
Blaine, Coon Rapids and Fridley. Also included are the businesses around the Nature Center
as well as representatives from the Anoka County Conservation Dist�ict, Anoka County, and
community volunteers.
Ms. Jones stated the first portion of the project was expansion of a storm water pond on
University Avenue just south of Northtown Mall at the intersection of 85�'. That storm pond was
expanded to reduce the volume of storm water coming into the east side of the Nature Center.
There are several inlets that bring storm water into the main wetlands in Springbrook, but in the
Phase I investigation they found that per acre of land, there was 10 times the volume of storm
water coming in at the east inlet. That is the inlet that drains the south portion of Northtown Mall
and the residential area to the east of Wal-Mart and other surrounding properties. They knew
from the beginning that once they expanded the storm water pond they would also need to
correct the erosion problems on the east side of Springbrook. Because of the extreme volume
of water coming throughavers e n the last twolyears d�a n ng he Nat el Cent ewet ands as an
stream bed. Also they p
1
CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 2 of 4
attempt to expose the mud flats and get the plants to grow big enough to generate seeds and
replenish the seed bank.
Ms. Jones explained there are 17 members on the Advisory Committee for this project and they
are now ready to proceed with the part of the project where the streambed will be restored to
reduce further impact to the wetlands. Part of how this will be done is by installation of a 48 inch
PVC bypass pipe and restructuring the stream bed. The committee plans to finish the project
over the winter depending upon the weather.
Ms. Jones stated the reason this matter is coming before the Planning Commission is because
a significant number of trees will have to be removed. There is a tree preservation ordinance in
place, Section 510 of our code that requires the Planning Commission, Parks and Recreation
Commission, and the City Council approve any tree removal on city-owned property.
Springbrook Nature Center is city-owned property. The approval is also to approve a plan of
reforestation to restore the land to its original condition. In the Springbrook Watershed Project,
they do not want to restore the land to its original condition. They want to restore the wetlands.
The health of the Springbrook Nature Center wetlands depends upon changing the current
condition. Siah St. Clair, Director of the Nature Center, has been involved in this process and
one of his goals is to remove some of the tree canopy in this part of the park to restore a natural
habitat area, regardless of this project. So he is not concerned about removing the trees.
Ms. Jones explained that everyone involved in this project is concerned about ensuring that
there are no clear line of sight views for an entire swath of the park in any one direction. So, the
reforestation and landscaping plan is focusing on planting vegetation in key areas to prevent a
clear line of sight. Part of this plan includes re-vegetating the spring bed. In many portions, the
stream bed will be raised to make it more of a bowl-shaped bed with an erosion control blanket
across the entire bed. She reviewed an aerial map of the area involved in this project. She
explained there are two large pipes that go under University to the east side of Springbrook. An
additional pipe will be installed so that when storm water reaches a certain level it will flow into
the bypass pipe. The initial flows of a storm will stay in the stream, but the heavy flows in a
heavier storm will go into the bypass pipe. Even though there has been a reduction in water
volume with the expansion of the University Avenue pond, additional reduction is necessary to
prevent further erosion of the stream. She explained that they will be removing trees in a swath
ranging from 20 to 52 feet wide along the stream.
In 1986, a tornado caused heavy damage in Springbrook, Ms. Jones explained, which is why
there currently aren't large trees on the site. After the tornado, there was a huge effort invested
in re-planting and re-foresting this part of the park with hundreds and possibly thousands of
trees. Following that effort and in spite of special protection measures, the deer population
devoured a significant amount of the new growth. Also, iYs very difficult to water trees in certain
areas of th� park because it is so far away from the building. What they've decided to do in this
project is to concentrate their reforesting efforts on the bridge areas over the stream and the
entrance area off of Springbrook Apartments.
Ms. Jones further explained that all four of the existing bridges will be removed as a part of this
project, and then later replaced. The trees in Springbrook are basically elms, cottonwoods,
aspen, and not many real desirable species. A lot of the existing trees have collapsed into the
stream because of the erosion of the stream bed.
To date, Ms. Jones stated the Springbrook Watershed Advisory Committee approved the design
plans at their December 15t meeting and gave the engineering contractor the approval to go
2
CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 3 of 4
ahead and develop the bid specifications. mhe ds t aitheePlantComm ss on also aVlp ove th s
approved the restoration plan. Staff recom
project. They hope to have the bid approval before City Council at their January 3 meeting.
Commissioner Oquist asked how long this project will take.
Ms. Jones said the tandscaping won't be can alteenativellplanl but they bel eve this planas athe
pipe installed by March. They considered
better alternative and will allow wildlife to migrate upstream.
Commissioner Kuechle asked if the new pipe will follow the existing stream.
Ms. Jones stated that basically it will run next to the existing stream and will be a couple of feet
below the surface.
Commissioner Kuechle asked what kind of trees will be used for the reforesting.
Ms. Jones stated they have not discussed that as yet. That will be left up to the Nature Center
Director.
Commissioner Kondrick stated that Mr. St. Clair explained at the Park & Recreation
Commission meeting that the trees comingClaW was con cer'ned with was having the creekauite
small. He also explained that what Mr. St.
zigzag throughout the park so that it would have some character and so there would not be a
straight line of sight to any one area of the park.
Commissioner Oquist commented that {he wetlands, but w th the new pipe nstae t n the wate S
a chance to filter itself before reaching
will go directly to the wetlands without that filtering.
Ms. Jones responded that the experts they consulted with have explained that i enin I is it was
significant storm, the water rises three feet in the creek bed and what was happ 9
churning up the soils in the stream bed, t hangens theln s Ithat soia and thelm ne als depos ts
suspended solids in the wetlands. What pp
settle on top of the roots of the vegetatioo take somehof the elocit Sout f t'hat st eam as well as
beginning of the project that they need t
restore the stream bed to a shallower shape to avoid that soil getting into the wetlands.
Allowing the low flows to stay in the he a!ne alnd befohe it getslto the wetlandethteee's qui e a
Also, where the water comes out of t p p
great distance where fabric and rip-arn�p �I ee installed to allow the energy of that water to
dissipate before it reaches the wet 9
Commissioner Kuechle asked if there is a plan to remove fill from that area to widen the stream
bed and to make space for the pipe.
Ms. Jones stated there will be some removal, a e taken o'Iutforansta�llationtof the p'pe wil�bele of
feet in many sections. A lot of the soil that will b _
used to raise the stream bed.
Commissioner Kondrick stated th k foebeams and other appl cat olnsion requested that any
excess soil be usect withm the pa
3
CIT'Y OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 4 of 4
MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to go along with the
Springbrook Watershed Project as submitted by staff and as approved by the Park and
Recreation Commission.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Receive the minutes of the November 8. 2004 Parks 8� Recreation Commission
meetinq.
MOTION by Commissioner Kondrick, seconded by Commissioner Johns, to approve the
minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the minutes of the November 4, 2004 Housinq 8� Redevelopment
Authoritv meetinq.
MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to approve the
minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Jones stated that Ms. Stromberg was not able to attend tonight's meeting and will present
her year end report at the next regular meeting.
ADJOURN
MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to adjourn.
UPON A VOICE VOTE, AL� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MEETING D�4T 8:10 PM.
ly s�bmitted by,
ing Secretary
�
�
CRY OF
FRIDLEY
" TO:
� FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
WILLIAM W. BURNS, CITY MANAGER �
RICHARD D. PRIBYL, FINANCE DIRECTOR
RE50LUTION DE5IGNATING OFFICIAL DEPOSITORIES
December 22, 2004
Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official
depository for 2005.
We are incurring little cost for the service we are provided by Wells Fargo Bank Minnesota N.A.
At this time, it does not seem to be beneficial to solicit for banking services since our options are
limited within the City. The service we receive is very good; Wells Fargo Bank Minnesota N.A.
has been responsive to our requests for information.
In using Wells Fargo Bank Minnesota N.A., we are able to invest idle cash on a daily basis with
minimum cost to the Ciry. We are able to determine daily needs and invest the balance in a money
market account with Wells Fargo and First Trust. If we were to change the provider for the
banking services, we would need to change the method in which we invest idle funds and the ease in
which we make deposits.
RDP/me
Attachment
5
RESOLUTION NO. - 2005
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
FOR THE CITY OF FRIDLEY
I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation
organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and
properly called and held on the 3rd day of January, 2005, the following resolution was passed; that a quorum was
present at said meeting; and that said resolution is set forth in the minutes of the meeting and has not been rescinded
or modified.
IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this
corporation.
IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by two of the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks,
drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby
requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of
the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other
orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been
�xed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed
with Wells Fargo Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the
corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby
continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of
this resolution.
��
Page 2- Resolution No. - 2005
BE IT FURTHER RESOLVED, that a11 transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the
same hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment
purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees aze required for
withdrawal of City investment funds from savings and loan associations:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long
as the investments comply with the authorized investments as set forth in Minnesota Statutes.
I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full
power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the
persons named who have full power and lawful authority to exercise the same.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
7
/
�
CfiY OF
FRIDLEY
TO:
FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
WILLIAM W. BURNS, CITY MANAGER�� `-
RICHARD D. PRIBYL, FINANCE DIRECTOR
DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2005
December 28, 2004
Attached is a resolution designating the Focus News as the official legal newspaper for the City of
Fridley for the year 2005. The Minneapolis Star Tribune is designated as the City of Fridley's second
official newspaper for the year 2005.
RDP/me
Attachment
:
�
RESOLUTION NO. - 2005
RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2005
WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council
annually designate an official newspaper for the City.
NOW, TI�REFORE, BE IT RESOLVED that the Focus News is designated the official legal
newspaper for the City of Fridley for the year 2005 for all publications required to be published
therein.
BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of
Fridley's second official newspaper for the year 2005.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS _
DAY OF JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
.�,
N.
SCOTT J. LL1ND - MAYOR
�
�
GTY OF
FRIdLEY
�
FROM:
SUBJECT:
AGENDA ITEM
COUNCIL MEETING OF JANUARY 3, 2005
WILLIAM W. BURNS, CITY MANAGER �(�
RICHARD D. PRIBYL, FINANCE DIRECTOR
MILEAGE RATE CHANGE - 2005
DATE: December 28, 2004
The Internal Revenue Service has made the decision to increase the mileage rate from $0.375
per mile to $0.405 for 2005.
The attached resolution changes the City of Fridley's mileage rate to that of the current IRS
rate.
Based on past practice, it is my recommendation that we make this adjustment and present
this resolution to City Council for approval at the January 3, 2005 meeting.
RDP/me
Attachment
10
,.
RESOLUTION NO. - 2005
A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE
REIMBURSEMENT RATES FOR THE 2005 CALENDAR YEAR
WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines;
WHEREAS, the Internal Revenue Service has increased the standard mileage rate to $0.405 cents per
mile for 2005; and
WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the
following change be authorized for employees of the City of Fridley, effective January 3, 2005.
1. Standard Mileage Rate increased to $0.405 per mile.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS
DAY OF JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
11
SCOTT J. LLJND - MAYOR
�
�
CRY QF
FRIDLtY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
William W. Burns, City Manager ��
�
Jon H. Haukaas, Public Works Director
January 3, 2005
Load Limit Designation
Attached is a resolution establishing the spring load limits for the City streets.
PWOS-001
Annually we receive Council's approval to publish the load limits. This allows us to place the notice in
the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the
Anoka County Highway Department informs us of them raising the limits on the County roads.
To facilitate the notification process, recommend the City Council adopt the attached load limit
resolution for 2005.
JHH:cz
Attachment
12
0
0
�
,
�
RESOLUTION NO. 2005 -
RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF
FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley as follows:
A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that
commencing on the date ordered by the State of Minnesota Commissioner of
Transportation, and continuing until the 15th day of May, 2005, unless sooner
terminated or thereafter continued, no vehicle shall be driven or operated
upon any street or in the City under jurisdiction of the City where the weight
of such vehicle exceeds:
4 TON PER AXLE
B. The above restriction shall not apply, but shall instead be limited to
9 TON PER AXLE
with respect to the following named streets, to-wit:
STREET
3rd Street
3rd Street
45th Avenue
5th Street
51st Way
52"d Avenue
52nd Way
53rd Avenue
53rd Avenue
53rd Way
57th Avenue
58th Avenue
61st Avenue
63rd Avenue
64th Avenue
65 '� Way
66th Avenue
66th Way
67th Avenue
67th Avenue
67th way
68th Avenue
69th Avenue
6th Street
7th Street
71-1/2 Way
71st Avenue
72nd Avenue
FROM
49th Avenue
Mississippi Street
Main Street
613t Avenue
East River Road
Taylor Street
Ashton Avenue
Main Street
Matterhorn Drive
E. River Road Ser. Dr.
T.H. #47
Jackson Street
Starlite Boulevard
T.H. #47 E. Service Dr.
Arthur Street
Hickory Street
Arthur Street
Hickory Street
Brookview Drive
Monroe Street
Rice Creek Way
Brookview Drive
Central Avenue
67t'' Avenue
53rd Avenue
200' west of Alden Cr
T.H. #47 E. Service Dr
T.H. #65
13
TO
53rd Avenue
Satelite Lane
University Avenue
Mississippi Street
Industrial Blvd.
Buchanan Street
Industrial Boulevard
East of TH 65
Fillmore Street
Industrial Boulevard
Quincy Street
West Moore Lake Drive
West Moore Lake Drive
Monroe Street
Central Avenue
Ashton Avenue
609 Ft West
Ashton Avenue
West end cul-de-sac
6th Street
Ashton Avenue
Monroe Street
East City Limits
Rice Creek Terrace
68th Avenue
to cul-de-sac
Park Entrance
Central Avenue
STREET FROM
73rd Avenue Commerce Circle West
73=d North Service Drive University Ave East Serv Drive
�qtn Avenue University Ave East Serv Drive
75th Avenue Central Avenue
75th Way Osborne Way
76th Way Alden Way
77tn Avenue East River Road
78eh Avenue E. BNSF R/W
79th Avenue E. BNSF R/W
79tn Way W. BNSF R/W
815t Avenue Hickory Street
83=d Avenue Main Street
Able Street West Moore Lake Drive
Alden Way 79th Avenue
Alley E of Beech Street 78th Avenue
Arthur Street Camelot Lane
Arthur Street North Danube Road
Ashton Avenue 52nd Avenue
Ashton Avenue 65 '� Way
Ashton Avenue 79th Avenue
Baker Street 73rd Avenue
Beech Street 77th Avenue
Benjamin Street Gardena Avenue
Berne Road Windemere Drive
Broad Avenue Buffalo Street
Brookview Drive Mississippi Street
Buchanan Street 53rd Avenue
Buffalo Street Riverview Terrace
Camelot Lane Squire Drive
Carrie Lane Quincy Street
Cheri Lane 53rd Avenue
Cheryl Street Riverview Terrace
Commerce Circle East 73rd Avenue
Commerce Circle South Commerce Circle East
Commerce Circle West Commerce Circle South
Commerce Lane 73rd Avenue
Creek Park Lane Central Avenue
Dover Street Ely Street
Dover Street Riverview Terrace
East Danube Road Matterhorn Drive
East Moore Lake Drive T.H. #65
East River Rd. Serv. Dr. 51st Way
East River Rd. Serv. Dr. 57th Way
1_L_i
TO
Stinson Boulevard
Able Street
Lyric Lane
Stinson Boulevard
76th Way
East to cul-de-sac
Ranchers Road
Main Street
T.H. #47
Riverview Terrace
T.H. #47
T.H. #47
Mississippi Street
76th Way
79th Avenue
Mississippi Street
400 feet north
Industrial Blvd.
Rice Creek Way
Ironton Street
Osborne Road
81st Avenue
Rice Creek Road
Berne Cir east cul-de-sac
Lafayette Street
Rice Creek Terrace
To Columbia Hgts Border
Broad Avenue
Arthur Street
Jackson Street
Fillmore Street
Broad Avenue
Commerce Circle South
Commerce Circle West
73rd Avenue
Osborne Road
Arthur Street
West end of cul-de-sac
Broad Avenue
N. Innsbruck Dr.
Central Avenue
N. to Cul-de-Sac
N, of 57th Way
�
STREET
Elm Street
Ely Street
Ely Street
Fairmont Street
Fillmore Street
Fillmore Street
Fireside Drive
Gardena Avenue
Gardena Circle
Gardena Lane
Glacier Lane
Glencoe Street
Hackmann Avenue
Hackmann Circle
Hartman Circle
Hathaway Lane
Heather Circle
Heather Place
Hickory Street
Hickory Street
Hickory Street
Hillcrest Lane
Hillwind Road
Hugo Street
Industrial Boulevard
Ironton Street
Jackson Street
Janesville Street
Kerry Lane
Kimball Street
Kristin Court
Lafayette Street
Liberty Street
Lincoln Street
Longfellow Street
Lynde Drive
Lynde Drive
Main Street
Main Street
Matterhorn Drive
Medtronic Parkway
Mississippi Street
Monroe Street
North Danube Road
FROM
77th Avenue
East River Road
Riverview Terrace
Riverview Terrace
53rd Avenue
53ra Avenue
T.H. #65
Central Avenue
Gardena Lane
Gardena Avenue
Matterhorn Drive
Riverview Terrace
Tennison Drive
Hackmann Avenue
East River Road
Hackmann Avenue
Heather Place
Old Central
7Bth Avenue
81st Avenue
Mississippi Street
Woody lane
Matterhorn Drive
Riverview Terrace
51st Way
Riverview Terrace
Carrie Lane
Riverview Terrace
Ben More Drive
Riverview Terrace
Stinson Boulevard
Broad Avenue
East River Road
Buchanan Street
East River Road
Hillwind Road
Polk Street
Osborne Road
57th Avenue
South City limits
7tn Street
Central Avenue
63rd Avenue
West Danube Road
15
TO
79th Avenue
West end of cul-de-sac
Broad Avenue
East River Road
Cheri Lane
Throuqh cul-de-sac
Central Avenue
East City Limits
thru Cul-de-sac
Woody Lane
St. Moritz Drive
East River Road
Central Avenue
Haclanann Avenue
West 400 Lineal Feet
East end of cul-de-sac
through cul-de-sac
through cul-de-sac
79th Avenue
600 feet north
Rice Creek Way
Old Central - loop
Hackmann Avenue
East River Road
Ashton Avenue
East River Road
58th Avenue
East River Road
Rice Creek Road
East River Road
End of cul-de-sac
East River Road
West end of cul-de-sac
53Ld Avenue
West end of cul-de-sac
Polk Street
Regis Drive
83rd Avenue
61st Avenue
Gardena Avenue
West Moore Lake Drive
Stinson Boulevard
Rice Creek Terrace
N. Innsbruck Drive
STREET
North Innsbruck Drive
Osborne Way
Pierce Street
Polk Street
Quincy Street
Rainer Pass
Ranchers Road
Regis Drive
Regis Lane
Regis Terrace
Regis Trail
Rice Creek Terrace
Rice Creek Way
Riverview Terrace
Riverwood Drive
Royal Oak Court
Shamrock Lane
Skywood Court
Skywood Lane
Skywood Lane
Spring Brook Place
Squire Drive
St. Imier Drive
St. Moritz Drive
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Symphony Street
Taylor Street
Tennison Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #97 W. Serv Drive
T.H. #47 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
FROM
Matterhorn Drive
East River Road
53rd Avenue
Hackmann Avenue
57th Avenue
Glacier Lane
77th Avenue
Hathaway Lane
Regis Drive
Regis Drive
Regis Lane
6th Street
East River Road
79th Way
71st Way
Arthur Street
69th Avenue
Skywood Lane
Fillmore Street
Fillmore Street
79th Way
Rice Creek Road
Berne Road
Trollhagen Drive
69th Avenue
Osborne Road
Mississippi Street
Rice Creek Road
73rd Avenue North Service Drive
52"d Avenue
Gardena Avenue
53rd Avenue
400 LF So 57th Avenue
69th Avenue
73rd Avenue
Osborne Road
73rd Avenue
Osborne Road
63rd Avenue
16
TO
East City Limits
75th Way
Through cul-de-sac
Lynde Drive
Carrie Lane
South City Limits
81st Avenue
Regis Lane
Matterhorn Drive
Regis Trail
Through cul-de-sac
Brookview Drive
Ashton Avenue
200 ft N of Kimball St.
71 � Way
West to cul-de-sac
North to cul-de-sac
Through cul-de-sac
West through cul-de-sac
Matterhorn Drive
Longfellow Street
Camelot Lane
South City Limits
South City Limits
68th Avenue
73rd Avenue
67th Avenue 800' South
Of Gardena Avenue
Dead end at Creek South
of Gardena Avenue
7 4 th Avenue
Through cul-de-sac
Thru cul-de-sac
North Approx. 500 feet
Mississippi Street
73rd Avenue
85th Avenue
73!° Ave North Service Dr
72nd Avenue
Fireside Drive
South 350 feet
.
STREET
T.H. #65 W. Serv Drive
T.H. #65 W. Serv Drive
Trollhagen Drive
West Danube Road
West Moore Lake Drive
Windemere Drive
FROM
Osborne Road
73rd Avenue
Matterhorn Drive
North Danube Road
T.H. #65 (N.Moore Lake)
Trollhagen Drive
TO
South 800 feet
RR tracks
St. Imier Drive
South Cul-de-sac
Medtronic Parkway
Trollhagen Drive
r C. Notice of these restrictions shall be published with respect to each of
such streets and when so published, the restrictions shall be in full
force and effect; all as provided thereof, under Chapter 503, City Code
` of Fridley, Minnesota, 1978.
D. A vehicle in excess of such limits may be operated or driven upon a
street in the City without violation of law when the same is done under
Special Permit thereof issued in accordance with the provisions of
Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof
by reference the same as if fully incorporated herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF
JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
SCOTT J. LUND, MAYOR
17
G
/
�
crrr aF
FRIDLE'f
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
William W. Burns, City Manager ��
� �
Jon H. Haukaas, Public Works Director
January 3, 2005
SRA Appointment
PWOS-002
The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need
to designate by resolution the City's representatives.
For the last number of years the Council has designated the Director of Public Works as the
representative and the Assistant Public Works Director as the alternate representa.tive to the SRA.
The attached resolution formalizes the appointment in accordance with the SRA criteria.
JHH:cz
Attachment
" 18
�
J
RESOLUTION NO. 2005 -
RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR
TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as
follows:
'` WHEREAS, the Director of Public Works, is hereby designated to serve as
a Representative to the Suburban Rate Authority, and the Assistant
�, Public Works Director is hereby designated to serve as Alternate
Representative to the Suburban Rate Authority for the year 2005 and
until their successors are appointed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD
DAY OF JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
19
�
�
cmr aF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
Date: December 27, 2004
To: William Burns, City Manager c��
�
From
Subject:
Scott Hickok, Community Development Director
Paul Bolin, Asst. Executive HRA Director
Resolution Authorizing 2005 CDBG Application
M-04-172
INTRODUCTION
As you may recall from past years, the Community Development Block Grant (CDBG)
program makes Federal money, through HUD, available to Counties for redistribution
among cities, townships, and service organizations. The goal of the CDBG program is,
according to HUD literature, to develop, "viable communities by providing decent
housing, suitable living environments and expanding economic opportunities, principally
for persons of low to moderate income."
In 2005, Anoka County will redistribute $1.3 million to city and township projects on a
competitive basis. All projects must be an eligible activity, meet national objectives, and
consistent with the goals of the County's Consolidated Plan. The maximum grant
amount to any one City is $300,000.
Acquisition and removal of blighted properties is a high priority, both nationally and in
Anoka County. The City successfully obtained $200,000 in 2003 for acquisition and
demolition for the Gateway West project. A review of the application materials and
discussion with Anoka County staff have led City staff to believe a similar application, to
acquire the remaining property in the Gateway West project area, would have a strong
chance of being funded. Based on this information staff has prepared an application
seeking an additional $167,600 to cover the purchase price, relocation expenses, and
demolition costs for the property.
Applications for 2005 funds are due to Anoka County on January 12th, 2005.
STAFF RECOMMENDATION
City Staff recommends approval of the attached resolution authorizing staff to proceed
with completing and submitting the 2005 CDBG application.
�
RESOLUTION NO. - 2005
RESOLUTION AUTHORIZING AN APPLICATION FOR THE 2005
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, the City of Fridley, Minnesota (the "City") has identified its housing and
community development needs; and
WHEREAS, the City believes that those needs can be met by the Community
Development Block Grant (the "CDBG Program") that is administered by Anoka County,
Minnesota; and
WHEREAS, the City has identified a potential project for CDBG funding.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley,
Minnesota, as follows:
1. The City Council approves of the project described in Exhibit A attached to this
resolution.
2. The City Council authorizes City staff to prepare an application to Anoka County for
said CDBG funds.
3. The City Council authorizes the Mayor and City Manager to execute all documents
necessary to secure said CDBG funds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
21
SCOTT J. LUND - MAYOR
EXHIBIT A
CITY OF FRIDLEY
2005 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Acquisition and Clearance of Bliqhted Properties
The City of Fridley is requesting 2005 CDBG funds for the purpose of acquiring and
clearing blighted property as part of the Gateway West redevelopment project. The
proposed activity is consistent with the national objectives for the CDBG program as
described in CFR 570.483 (c) (1). The Gateway West redevelopment project is located
near the northeast corner of University Avenue and 57th Avenue NE. The project area
includes a number of substandard and blighted buildings. The City is planning to
redevelop the area for new single-family home growth in the area. Additional details on
the project can be found in the City's 2005 CDBG application.
SOURCES
2005 CDBG Funds
USES
Acquisition & Closing Costs
Demolition & Professional Services
Relocation & Environmental Fees
22
$167,600
$119,200
$6,500
$41,900
$167,600
�
�
GTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
DATE: December 28, 2004
��
TO: Wiiliam W. Burns, City Manager fi�'
FROM:
Scott J. Hickok, Community Development Director
Julie Jones, Planning Coordinator
Pat Wolfe, Section 8 Housing Coordinator
SUBJECT: Section 8 Contract Extension M-04-173
INTRODUCTION
In January 2000, the City of Fridley and the Metropolitan Council entered into a
contractual agreement for provision of Section 8 Administrative services. The contract
expiration date was to be June 1, 2004. On June 30, 2004, the Metropolitan Council
contacted staff and asked to extend the contract through the end of the year (December
31, 2004). Since there has yet to be a fully modified contract for a new term, the
Metropolitan Council requested, that an additional 6 month extension to the existing
contract be granted. The contract extension term will end on June 30, 2005.
ELEMENTS
Negotiations for a new contract are anticipated to occur in the first quarter of this year.
Budget concerns nationwide have caused authorities to need additional time to work out
the terms of the contracts between the fund distribution agencies and the administrators
who deliver the services.
The Metropolitan Council is also evaluating options for re-designation of their Metro
HRA/Section 8 responsibilities to another agency (i.e. MHFA, a County or Counties,
etc.). This analysis further bolsters the need to hang on to the existing contract terms
until the bigger questions can be answered.
Attached for your convenience is the contract extension language that has been
provided by the Metropolitan Council and is recommended for approval by our staff.
RECOMMENDATION
Staff recommends extending the contract through to June 30, 2005, to allow both City
Staff and the Metropolitan Council time to work through the details on a new contract
that will then take effect in July 2005. Of course, the new contract will be back before
the City Council for review and approval prior to the expected effective date of that new
contract. 23
i� Metro�olitan Council
Metro HRA
Housing and Redeuelopment Authority
December 16, 2004
Scott Hickok, Director of Community Development
City of Fridley
6431 University Av. N.E.
Fridley, MN 55432
Re: Section 8 Housing Assistanc�� Payments Program
Contract for Administrative Services
Deaz Mr. Hickok:
We are in the process of reviewing comments received regarding proposed revisions to
the Section 8 Housing Assistance Payments Program Contract for Administrative
Services and drafting a revised Contract for your review. I think it goes without saying
that we will not have a revised Contract fully executed and in place prior to December
31, 2004, which is when the current Contract is set to expire.
We are, therefore, agai.n proposing an extension of the existing Contract to June 30, 2005,
to permit sufficient time to complete this process. Enclosed. are two copies of an
amendment to the current Contract. We are aski.ng that you sign both copies and return at
your earliest convenience to my attention. We will continue to move forward as
described above and expect to be back in touch soon with a revised Contract for your
review.
If you have any questions, please call me at 651-602-1600.
Sincerely,
� ����
���
Kathy Kline
Program Operations Supervisor
Metro HRA
Enclosure
Cc: Pat Wolfe
www.metrocouncil.org Metro Info Line 602-1888
230 East Fifth Street • St. Paul, Minnesota 55101-162(�4, (651) 602-1428 • Faac 602-1313 • TTY 291-0904
An Equa! Opportun[ty Employer
*
Contract No. C-99-67
SECOND AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMINISTRATIVE SERVICES
CITY OF FRIDLEY
THIS AGREEMENT is made and entered into by and between the Metropolitan Council
("Council") and the City of Fridley ("Contractor").
WHEREAS, on January 24, 2000 the Council and the Contractor entered into a contract identified
as Council Contract No. C-99-67 under which the Contractor agreed to perform within the City of
Fridley and other jurisdictions located in Anoka, Hennepin and Ramsey Counties certain Section 8
program administrative services in conjunction with the operation of the Council's Section 8
housing assistance program; and
WHEREAS, on September 3, 2004 the Council and the Contractor amended Council Contract No.
C-99-67 and extended the June l, 2004 expiration date to December 3,1 2004; and
WHEREAS, the parties mutually agree that the contract should be continued and extended beyond
its December 31, 2004 expiration date.
NOW THEREFORE, pursuant to Paragraph 6.03 of Contract No. C-99-67 and in consideration of
the promises and covenants contained in this agreement, the Council and the Contractor agree
Contract No. C-99-67 shall continue beyond its December 31, 2004 expiration date and shall be
extended and amended as follows:
Article V, CONTRACT TERM, Paragraph 5.01, Period of Performance, as amended on
September 3, 2004, is fiarther amended to read as follows: •
5.01 Period of Performance. This contract is effective on the date this contract is
� finally executed by the Council and shall continue until the earlier of the following:
ternunation of Section 8 program funding by HUD; termination of this conh�act by
y either party pursuant to paragraph 5.02 of this contract; or June 30, 2005. As provided in
paragraph 3.01, the ongoing administrative fee described in paragraph 3.01(a) sha11 be
payable retroactive to June l, 1999.
Except for this amendment, the provisions of Contract No. C-99-67, as amended on September 3,
2004, shall remain in force and effect without change.
IN WITNESS WHEREOF, the Council and the Contractor have caused this agreement to be
executed by their duly authorized representatives. This amendment is effective on the date of final
execution by the Council.
Page 1 0�� Pages
► U'
�
Approved as to form:
Associate General Counsel
C9967AA
METROPOLITAN COUNCIL
:
Regional Administrator
Date:
CITY OF FRIDLEY
By: _
Its:
Date:
By: .
Its:
Date:
Page 2 a�'� Pages
12/04
i�
�
�
CRY dF
FRIpLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
To: William W. Burns, City Manager �{�"
�
From: Captain Bob Rewitzer
Date:
Re:
December 28, 2004
2005 Animal Control Contract
Attached is the proposed 2005 animal control contract. We are once again proposing this
contract be made with Brighton Veterinary Hospital. There axe no changes in the new contract,
including compensation. The term of the contract covers the period from January 1, 2005,
through December 31, 2005. The monthly fee charged by Brighton Veterinary Hospita.l remains
at $1,300 per month as in the previous contract.
The Fridley Police Department is very satisfied with the service provided by the Brighton
Veterinary Hospita.l and recommends approval and signing of the contract.
Attachment.
27
ANIMAL CONTROL CONTRACT
This contract, made and entered into this 3rd day of January 2005 by and between
Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112,
hereinafter referred to as "animal shelter" and the City of Fridley, a municipal
corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to
as "city". �
I. TERM -
The term of this contract shall be from January 1, 2005 through December 31,
2005.
II, ANIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees to furnish the following
services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinary care as requir�d during normal business
hours.
3. Seized stray animals shall be held for five (5) regular business days. After
five regular business days the city shall have no right or interest in such
animals.
4. Euthanasia and disposal if required due to serious injury, illness, or after five
regular business days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered by the city.
6. Upon request, train city animal control officers in safe and humane handling
and apprehension of animals.
7. Keep accurate records of all animals impounded, boarded, and destroyed, ,
pursuant to this agreement and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business hours of the Brighton
Veterinary Hospital and not less than normal business hours of the city.
9. The animal shelter, during normal business hours, shall be open for inspection
by the city or it's agents.
:
10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats,
per animal from owners who retrieve animals. Fees are kept by the animal
shelter.
11. Hold any impounded animal being reclaimed until proof of applicable current
licensing and rabies vaccine is produced.
12. Serve as animal control officers for the city, as defined in Fridley City Code
Chapter 101, and as applicable to the operation of the animal shelter.
III. CITY RESPONSIBILITY
After normal business hours, the city will transport any injured animals that are in
a live threatening condition to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release the city will transport the
animal to the animal shelter.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the animal shelter shall abide by
all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly authorized representatives of
the city and either the legislative auditor or the state auditor for the purpose of
audit examination, any books, documents, papers, and records of the animal
shelter that are pertinent to the animal shelter's provision of service hereunder.
The animal shelter further agrees to maintain all such required records for three
years after receipt of final payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages, harm or illness suffered
by the animals under its care and in its custody which may be due to the
negligence of the animal shelter. Said animal shelter shall save the city harmless
from any damages, costs, actions, or causes or action, or claims made against the
city for any harm, losses, damages, or expenses or account of bodily injury,
sickness, disease, improper disposition, death, and property damage resulting from
the animal shelter's operation.
The animal shelter shall procure and keep in full force comprehensive general
liability insurance in the amount of not less than $100,000 and $350,000 to
29
safeguard and indemnify the city for any of the occurrences aforementioned. Such
insurance policy must be filed with the city clerk.
VII. COMPENSATION
1. The city shall pay the animal shelter the sum of $1,300 per month for services
stated in this contract. Said sum shall be paid on or about the last day of the
month, or within thirty (30) days after submission of the monthly claims, by
the animal shelter.
2. The animal shelter may charge and retain customary veterinary fees including
rabies, and distemper-parvot (DHPP) vaccine.
VIII. EARLY TERMINATION
This contract may be terminated by either party, with or without cause upon thirty
(30) days written notice, delivered by United States mail or in person, to the other
party. For purposes of such notice, the address of the animal shelter is:
Brighton Veterinary Hospital PA
2615 Mississippi St.
New Brighton, MN 55112
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of the terms of this contract
shall be valid and enforceable only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreements of the parties
are contained herein and that the contract supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the animal shelter and the
city relating to the subject matter hereof. The parties hereto revoke any prior oral
or written agreement between themselves and hereby agree that this contract is the
only and complete agreement regarding the subject hereo£
�
ANIMAL SHELTER
:
Title:
Date:
31
CITY
By: _
Title:
Date:
�
�
arr aF
FRIDLEY
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
William W. Burns, City Manager��
John Berg, Fire Chief
John Crelly, Assistant Fire Chief
December 28, 2004
SUBJECT: Aerial Ladder Fire Truck
In 2003, the Fridley Fire Department began a process to replace the 100-foot Thibault Ladder which was
purchased in 1973. The goal is to replace it with a 100-foot aerial platform. The new aerial will be configured
as a"quint." A quint aerial has a hydraulic ladder, fire hose, water tank, fire pump and a full complement of
ground ladders. This truck will be capable of functioning as an engine company (pumper) and a latdder
company.
On August 19, 2004, the Fire Department•received notice from the Federal Emergency Management
Administration that a$500,000 grant would be awarded for the purchase of a NFPA compliant ladder truck.
The City would be responsible for 10% of that grant.
A six member committee was formed to research and write specifications for the new truck. The committee
evaluated eleven different aerial trucks, met with five truck manufactur�rs, visited two truck manufacturer
facilities, and reviewed a number of truck specifications from various manufactures and communities that
have aerial trucks. On November 12, 2004, we mailed truck specifications to eight (8) truck manufacturers
and five (5) companies that sell fire equipment. An advertisement for bids was run for three consecutive
weeks in the Fridley Focus.
Bids were received and opened at 11:00 a.m. on December 6, 2004. Four truck manufacturers and two fre
equipment companies responded. A total of five aerials were proposed of which only three met our
specifications resulting in the rejection of two bids. The two bids for fire equipment were rejected because the
bids were not complete. The attached table details the pricing of the three trucks that met the Fire Department
specifications.
The General Safety bid specification is written in a way that leaves many items open for interpretation. Past
history has shown that they may not be able to deliver the truck that Fridley specified. While Pierce
Manufacturing bid a truck that is closest to the specification written for Fridley and has additional safety
features such as air bags and warning systems based on the orientation of the truck, they bid a truck that has a
water tank that is 200 gallons smaller than specified and is almost $100,000 more than the Crimson Fire bid.
The Fire Deparhnent is recommending to Council that they accept the bid proposal for a quint aerial truck to
be built by Crimson Fire. The Crimson Bid is for $796,775.00 and includes production of the truck and all
loose equipment required by NFPA to meet the contract obligation for a FEMA grant. This price also includes
$30,000 to raise the door height for one apparatus door at Station l.
Attachment
32
Prices and Opti
- Bidder Name
„ Base Price
Trade In of A-2
Equipment
arage Door
I i
crimson
-
$ 700,911.00 $
$ - �
.3,,....4..�� � ��,.,�"�'�'��';
$ 65,864.00 $
a � �r�,� � �r.�._ ��:
,. , r.
$ 30,000.00 $
Possible Cost
33
730,737.00 I $
(3.500.00) $
59,528.00
30,000.00 I $
Possibte Cost
ierce
-
799,950.00
(5, 000.00
63,986.05
30,000.00
•ed Cost
CITY OF FRIDLEY
2005 CITY COUNCIL AND STAFFAPPOINTMENTS
2004 REPRESENTATIVE
Mavor Pro Tem:
Councilmember-at-Large Barnette
2005 APPOINTEE
Anoka Countv Law Enforcement Council:
Councilmember-at-Large Barnette, Rep.
Councilmember Wolfe, Alternate
Association of Metronolitan Municipalities:
Mayor Lund, Delegate
Councilmember Bolkcom, Alternate
Lea�ue of Minnesota Cities:
Councilmember Billings, Representative
Mayor Lund, Alternate
School District Nos. 13:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District Nos. 14:
Councilmember-at-Large Barnette, Rep.
Councilmernber Bolkcom, Alternate
School District No. 16:
Councilmember Billings, Representative _
Councilmember Wolfe, Alternate _
Northstar Corridor Development Authoritv:
Councilmember-at-Laxge Barnette, Rep. _
Councilmember Billings, Alternate _
North Metro Convention & Visitors Bureau:
Debra A. Skogen, City Clerk
34
EXPIRES
12-31-OS
12-31-OS „
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS
12-31-OS �
12-31-OS
12-31-OS
12-31-OS
f
�
CffY OF
FRIDLEY
�
Name
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
Appointment
Starting
Position Sa1aN
Rachel Environmental
Harris Planner
Exempt
e
�
$41,026.96
per year
35
Starting
Date
Jan. 10,
2005
Replaces
Julie
Jones
!
�
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FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF JANUARY 3, 2005
CLAIMS
119673 -119895
36
�
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I M
�
t
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
Tvpe of License
�
LICENSES
Approved BY:
FOOD ESTABLISHMENT, RETAIL GAS SALES, TOBACCO SALES
Stop `n Save Mohamed Hassan Com. Dev. Director
7298 Hwy 65 NE Fire Inspector
Fridley, MN 55432 Public Safety Director
Quick Mart
191 83�d Av NE
Fridley, MN 55432
Mohamed Musani
LAWFUL GAMBLING PERMIT
Church of Saint William Anthony Schreiner
6120 Fifth St. NE
Fridley, MN 55432
37
Com. Dev. Director
Fire Inspector
Public Safety Director
City of
Fridley
AGENDA ITEM
City Council Meeting Of Monday, January 03, 2005
�
Electrical
AUGUSTA ELECTRIC INC.
19383 EAST SHORE DRIVE MIKE LEONARD
KIMBALL MN 55353-
EXCEL ELECTRIC LLC
6041 189TH LANE NW DEVERN & DONNA MATSON
ANOKA MN 55303-
GOLDEN VALLEY HEATING & AIR
5182 WEST BROADWAY SCOTT FOLLESE
CRYSTAL MN 55429-
KOVER ELECTRIC LLC.
23049 ARROWHEAD STREET NW ED KOVER
ST FRANCIS MN 55078-
METTLER ELECTRIC INC.
498 ANDOVER BLVD NE MICK METTLER
HAM LAKE MN 55305-6013
WHITE BEAR ELECTRIC INC.
13483 FENWAY BLVD CIRCLE NOR BARB SONTAG
HUGO MN 55038-
Gas Services
BONFES PLUMBING HEATING & AIR
505 RANDOLPH AVE CONNIE BOUD
ST.PAUL MN 55102-
RICCAR HEATING & AIR CONDITIONING
2387 STATION PARKWAY KRISTA BUTH
ANDOVER MN 55304-
:
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
Ron Julkowski
Building Official
�,
r
�
General Contractor-Commercial
DIVERSIFIED CONSTRUCTION OF MPLS
7010 HWY 7 JEFF DINGMAN
ST LOUIS PARK MN 55426-
DONNELLY STUCCO
2500 EAST 25TH STREET
" MPLS MN 55406-
■ .
�
HAKSETH CONSTRUCTION INC.
5230 6TH STREET NE
COLUMBIA HEIGHTS MN 55421-
THE BAINEY GROUP INC.
14700 28TH AVENUE NORTH 30
PLYMOUTH MN 55447-
THOMAS DONNELLY
JOHN HAKSETH
BRAD BAINEY
General Contractor-Residential
PROBUILT AMERICA
2211 11TH AVE E STE 130 TERENCE DEROSIER
NORTH ST PAUL MN 55109-
STANDARD WATER CONTROL SYSTEMS INC.
5337 LAKELEND AVE NORTH MICHAEL HOGANSON
CRYSTAL MN 55429-
Heatinq
BONFES PLUMBING HEATING 8� AIR
505 RANDOLPH AVE CONNIE BOUD
ST PAUL MN 55102-
COMMERCIAL PLUMBING & HEATING INC.
24428 GREENWAY AVENUE ROBERT SKEIE
FOREST LAKE MN 55025-
RICCAR HEATING 8�AIR CONDITIONING
2387 STATION PARKWAY KRISTA BUTH
ANDOVER MN 55304-
39
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 O�cial
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Plumbinq
GENE'S WATER 8� SEWER
4360 Lyndale Ave North
Mpls Mn 55412-
GROTH SEWER & WATER
775 TOWER DRIVE
HAMEL MN 55340-
NORBLOM PLUMBING
2905 GARFIELD AVE SO.
MPLS MN 55408-
PAUL TOMAS PLUMBING
7801 MISSISSIPPI LANE
BROOKLYN PARK MN 55444-
TERRY OVERACKER PLUMBING
1630 COUNTY ROAD
SPRING LAKE PARK MN 55432-
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CRAIG PETERSON
MR.WILLIAM M NIKKO
JEFFERY NORBLOM
PAUL TOMAS
JACKIE KRONE
Siqn Erector
DESIGNS INTERNATIONAL LLC DBA ARROW DESIGNS
13735 ABERDEEN STREET NE PATRICIA RINGLER
HAM LAKE MN 55304-
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Approved BV:
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Jutkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
■
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CfTY OF
FRIDLE1f
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
ESTIMATES
Ron Kassa Construction, Inc.
6005 — 250�' East
Elko, MN 55020
2004 Miscellaneous Concrete Repair
Project No. 355
EstimateNo: 5 .................................................................
41
................ $ 493.99
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
TO: William W. Burns, City Manager
r. , a
FROM: Jon li. tiaukaas, Pubiic Works Director
DATE: December 28, 2004
SUBJECT: TIi 65 Causeway Project
PW05�003
The design of the Tt1 65 Causeway project is at 95+% complete. We cannot get this project
to the 100% stage until funding is available and we know it is going to be built SEt�I has done
a lot of work over the last year or so trying to get MnDOT approval. This has led to many
design reviews and revisions at MnDOT"s request which has exceeded our expectations of what
it would take to finalize the project
At this time we would like to close out the project until there is an opportunity to get
construction funding for it SEti will organize all design data, information, plans and
specifications to a point where it can be picked up and easily continued at some point in the
future. We currently have a contract with amendments totaling �745,450.00.
SEFi is requesting a Final Contract Amendment of �95,231.97 for work to date, including close
out bringing the contract total to �840,681.97. The attached letter describes the design
development over the last few years and itemizes the additional unanticipated work on this
project We believe this is a legitimate request in light of their work for us on this project
These fees are reimbursable from our Municipal State Aid construction account without
affecting the money available for our regular neighborhood street reconstruction program.
Recommend the City Council approve the attached Contract Amendment with SEIi to close out
the Tti 65 Causeway project .
Jt�lrl:cz
Attachment
42
December 6, 2t�}4�
Mr. 7on Haukaas, PE
Directflr of Public Wor�s
City of Frid�ey
643i University Avenue NE
Fridiey, MN 55�432-43U3
I7ear. Mr. Haukaas:
RE: Fzidiey, Minnes�ta
Trank I�ighway 65 at Moor� Y.ake
S.P.UZU7-74
SEH Na. A-FRIT1L.0004.iX1
This lett�x d�scribes the engineering sezvices compteted by SEH on beha�f of the Gity of Fridiey for rhe
Trunk T�ighway {TI� GS at M�re Lake Praject. If acceptable, this Ieiter ws�uEd sexve as justi6cation for
�n a�ncirr�nt to our original Bngineering Service� Agree�nt dat�d August 14, 2Q0(�.
Qrigivally, t}� City's appcoach to this pmject was to complete a fxnal set of plans Ci�ai would be "on the
sh�l#"' read�r to go when fiinding becaz� available. Ta� 204Q, zoadways with bottlene�cks were receiving a
great deal of attention, and the pzoposed projeet to add additional aaxiliary l�es at Moaa�e Lake appeared
#o hav� sc�port. Tt.ie City re,,ceived a$SOq,00U grattt tovvard compietion of the �relinaictazy and fival placts
for a project estimat.eti to cost $6 miilitm doliars. As tha project has progressed throagh irhe desi�gni and
r�view proeess, tlie fif�uud`uig atmospTaere and support foz t�►e project has changed significantly. Tlie
legislature has .nat uaanaged to appcapciate adequ�te br.idge and roadway fands for �prt►jects tha# are
desigz�ed aiad in Mntl70T's pr�gram. SEH a�d Ciry staff have endeavorexi w ke.�p fihis px�oject on track £or
r�viev'r ax�d agprovai, but the pmject i�as run into signi�cant delays and lack of support by I4+ti�lDt7T
because of their stret�hed resaurces in fundi�g atad pers�nnoX. -
The ic�itial grant a1lc�atatln was riot envugh to complete the ptaus for this project The percentage design -
%e versus construction estin�aie at Yhe beginni�tg of the project represented approxxtnately $°,b. The ,
budget was rev�sed in 2f}03 fo� an addi�tioual $25n,t�(f0. �-Iowcver, even with thc revision, it has not be�n '
possible to com�plcte the projcct withiiri the cw�zcnt budget. We believe tE�is is due to an uuderstated budget
revisioEa, given the complexities and: elernents for design aud siso dne r.o inconsist.ent input frnm Mn1DC)T
and tt�' lack of schedule for th�ir review, because the proje,ct is not funded a�td �n theiz program.
One ch�ck on t%e appropx�ateness of a deszgn fee is to compare the fee to estimated const�vation cost.
estt�mamated constxuctioc� cost at this tirne is between $12 rniilion� and $14 zx�iilian. The cutxent contract f
$745,�St} which is S.7% of �13 miilion. Tb'rs does not r�present finai design anly, but also signifi
pretimainary design, geotechnical ac�a(ysis, Proje�t Mer�norandum prepara.tion, suaveys, and ease�
preparatiop.. �t is typieal far tht: finaI design fee faz a�ighway design project to be 8°,b (+1-
cons�ruc�ion cost, An 8�, fee would be approximately $1 mitleon. The current desig�n far the �ra�
wid�ning thhmugh Moore Lal�e, using s�eet pile wa11s, is sign'►�icandy less expensive than a bridg� op
Howevez; the d�sign is much cnore cam.plex than the conshuctiou cast wouid indicaie.
�e =. .
is :
�t :'
z�t ,
of `
�,
�n.
The complexity af a design, where every ele�nt aff�cts anather, makes the proje�t much fnore sensitiye
to plan revisio�s than a conventianat project. In additio�, due to the rnany design complexities, we have
�perienced coor�iination and review issues with Mn/�T, espe,cially ns their staf� chauges and we
introduce the project to aew reviewers. These factars, related ta the complexity af the design, alsc� ha�e
cont�ibuted ta going ovez r� design 6udget.
SFtort Etiiott Hetrdricksan irtc., 3535Vadnais CenterDriv¢, St ?aut, MN 5511b-519b
SEH is an eqvai oppdrwnfty employe� � www.sehinc.eom' � b51.49U.2400 �&00.325.2055 � b51.490.2150 fax
43
Mr. Jan Haukaas, PE
City of Fri�iley
Decein�er b, 2(l04
Page 2
By the sutnrner of 24p3, many issues had been resolved, the pre�imii�ry layaut was appxoved� and w�
were trying to complete tihe pian. Based an MnIDQT's re�oiYUnendation; we submitt�d the plan far review
in August o�' ?4)Q3. At that tizn�, we felt �onficlent we were 9D% couz�lete and started to put Ei�e fuushing
touches on the plans. Vi►'e submittect an invoiee far vc+ork compiated tltrnugh August �f 2t}U3 {caFY
attach�d). This invoice t�rought vur total fee (azgher than our authar.ized fee kimit> but we held off an a
request for a conaact arnendment so vve could scape final ct�mpietion of the p�ans a�tex z�eiving fi�nal
MzalDC)T conunents. iiVe icrzew at that time tt�at our �antract would ret��ir� an amendment �lue to the
an�ount of �hanges 11�In/llOT was reqnesting, #he delay in time, a�d com�le�city of the pians a�d review.
The second attached invflice includes work after August af 2AU3 ta curxent. The ticn� included in t�ie
s�cand iavoice includes desi�n, rev'rsions, and responses to MnlDC)T cvr�nents. burin� that time, we
weze sti.11 e.nd�avoring to keep t6e gmject moving. Sorxxe af t�e non-�caniroVersial revisions were
completed b�sed. on camments received from MnlUOT in Navember of 20f13.
However, some of #he ccr�nm�nts received by 1l+t�IDUT suggested � camplete citrsure of TH 65 duci�►g
cc�nst�uction. These changes wouid require a signifcant investment isy the City far revisians, esp�ecially
since the staging plan and temporaY•y trafiic contrat far mai.ntaining traffic during canstruction had been
comple�d, inctuding tempc�razy signal @esign at two intersections. Tt became evident, basec� c�n a meeting
wit� Nia�1L)C3T, that the recomntendatiat� to cvnsiruct uz�der traffic ar cEose tlae raad dwning �onstructivn
coulc� be subject to chan�;e. 4ther rnajar design isscies, such as the drainage and shoulder desigu, could
change in �he fut�re as :well. At: the last ineeting with i�InIDC?T, it l�eca.m� very appar�t tit�►t cantin�ing W
co�splete the pian without funding was nat �ct tha best interests of tha City. Given the dif�'zcuXty i+ve ha.ve
enec��ntered a�hieving agreemern with 1VIn/DCYI' regarding review and approval-of the project-withocrt
funding, it was decided ta put the pioject an hold urttil funding is secured and the project is afficiaEly pu#
izx theix ,l�ra'grarn. SEH is �urrentip' combining �Eectrc�►ic design files and other design inform�ion so th�
t�lect can be stored until �Iaat fiune. V�e be�eve the funal' glans are effectively 95`�a coztxpletie.
Pl
R
'�
R
C
�
y describes the work priQZ to plan subrnit�l iu� A�ugust 2
i�eview letter, time spent ievising �on-cantroversial plan
�af plan, and' rime spent reviesving; responding t� and meeti�.
pxoject. In additicsn, the City requesied �EH to prep�.t�e.
s.Municipal Agz�eezuez�t Pz�g�am at� (7ctober/November o�' 2
- Auguet ZA03 $ld,l 13.97
Counts $572
�k �'rior to MnIDOT %Tovember Review Let�er
P1an I'reparati�n $48,�08
Proje�t Memorandurn $2,I77
ision to Plan Eletnents, Based on Cu�aaents
Structural (99°,� complete) ��,� 1�
Signal 17esign {999'o cvmplete� $8,32$
�pera�ive Agreemerct Submittal $9,817
DC7TReview and Coordiziation $10,19'7'
3, and also prior to
.�znents such : as tbe
�3.
Total $9s�,�31.97
44
0
Mr. Jtsn Haukaas, PE
City ofFritiley
I3�cember 6, 2D44
�'age 3
Tlze current contract amount is $745,450. SEH respe�tful�y r�uests a conaa.ct ar�ndznent fax
$95,23i.97, bringing the totat coniract amaunt to $84{},G81.97. This amount represents 6.5� percent of a
�13 millicsn doiiar canstruction estivaate, and wouid conciade our vvork on this praject at this ti.rn�. This
compensation is based on th� hot�rly cos# of personne� pir�s reimbursable expenses within khe terc�ras af onr
origin�.t ccmtract.
if this request is sati.sfactary, please sign 6e1aw and rewrn one c�py for our records. Payment of the tvt�o
enctas�d inuoices would bring payment for this pro}�t up to cl�ate. Please contact rne if you have any
questions, or need mare infom�atian.
Respectfully SubzxtaCted,
SIIC3�.2T Ei,L.IOT"�' HENDRIGKSa►N INC.
�i����
Sus I, Mason, PE
�ect h�iazsager
E�closare
nna
City af Fridtey '
Accept�i this day of '
�y:
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FRIDLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
December 27, 2004
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-04-170
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 kindecgarten through 12th grade and was founded by parents and
community members who wanted an alternative to public school for their children. AI-Amat
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 o# 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
.�
required by code would be wasted hard surface area. The petitioner has asked to be aliowed 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.
LOT FRONTAGE
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
i on hillcrest that would be considered rear yard plus an additional 20 feet beiween 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 property, 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.
47
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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
A traffic count from 2001 is being used. Neighbors have expressed concerns that this count
doesn't include Medtronic traffic however, at the time the count was taken; Medtronic traffic �t
impacts could be measured and did not detrimentally affect Gardena Avenue. Jon Haukaas
indicated that both Central Avenue and Highway 65 have seen major increases in traffic with the
development of the Medtronic World Headquarters.
There are streets throughout Fridley with a design similar 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.
PAST CITY COUNCIL ACTION
At the December 13, 2004, City Council meeting, a public hearing was held for SP #04-06.
After public comment was received, the City Council tabled action on this item until the January
3, 2005, City Council meeting.
THE MOTION CARRIED UNANIMOUSLY.
At the December 13, 2004, City Council meeting, Councilmember Billings asked to clearly
articulate that this special use permit is a modification of the Islamic Center's existing special
use permits and will therefore, supersede all other special use permits granted for this property.
If this special use permit is approved, SP #04-06 will become the official special use permit for
the property which allows a private school and religious activity center in an R-1, Single Family
zoning district, which is generally located at 1401 Gardena Avenue.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
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 shal� be
installed.
Provided below is a list of all the stipulations previously approved for special use permit related
to the Islamic Center property. These stipulations are being provided to the Council as a
historic reference and will be filed and recorded under Special Use Permit #04-06 as a
comprehensive special use permit for the property.
1. A masonry dumpster enclosure with wooden gates shall be installed by August 1,
1989. (SP #88-17)
2. The property owner shall combine individual lots into one tax parcel, as requested by
the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall
be exempted). (SP #88-17)
3. If the agreement between Islamic Center and Totino Grace High School ceases to
exist, the Center shall at that time apply for a special use permit to expand their
parking lot to meet the zoning requirements. (SP #88-17)
4. Church services shall occur in the library and gymnasium only. (SP #88-17)
5. All existing hardsurface areas shall be improved with sealcoating, curb and gutter
and striping by August 1, 1989. (SP #88-17)
6. Programmed activities shall not exceed the parking space available on site and at
Totino Grace. In addition, the Center's programmed activities shall not conflict with
those to Totino Grace's which would cause a shortage of parking space. (SP #88-
17)
7. The property owner shall take care of the weed problem by August 1, 1989. (SP
#88-17)
8. All drop-off and pick-up of children shall occur on the premises. (SP #89-06)
9. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00
p.m. (SP #89-06)
10. The building shall meet the requirements of the State Daycare Regulations, the
Uniform Building Code and the Uniform Fire Code, including the following:
a. An enclosed outdoor play area adjacent to the facility, but located at the rear of
the building.
b. Outside exists from the daycare rooms.
c. Fire alarms in each daycare room and in the hallway outside the daycare rooms.
(SP #89-06)
11. The Islamic Center shall modify the parking lot as illustrated on the modified site plan
prepared by staff and shown on Page 4H of this agenda as Plan A. (SP #89-06)
12. The petitioners shall complete stipulations #1, #2, #5, and #7 from SP #88-17:
.•
a. A masonry dumpster enclosure with wooden gates shall be installed by August 1,
1989.
b. The property owner shall combine individual lots into one tax parcel, as
requested by the City Assessor (buildable lots abutting Hillcrest Drive and
Oakwood Manor shall be exempted).
c. All existing hardsurFace areas shall be improved with sealcoating, curb and gutter
and striping by August 1, 1989.
d. The property owner shall take care of the weed problem by August 1, 1989. (SP
#89-06)
13. The dumpster and enclosure shall be tocated at the northwest corner of the building.
(SP #89-06)
14. The grass between the existing driveway and the fence shall be maintained in a neat
appearance. (SP #89-06)
15. The property owner shall maintain grass on a regular basis in compliance with the
height maximum established in the weed ordinance. (SP #89-06)
16. The property owner shall install an eight foot fence along the east of the Foco's
property from the rear of the Foco's garage to 40 feet north and a six foot fence on
the remaining east lot line and on the north lot line of the Foco's property. The
property owner shall work with City staff to develop a landscape plan to be
implemented during the next three planning seasons. (SP #89-06)
17. That a variance is approved to increase the height of this fence to eight feet due to
the hardship on the adjacent residential property. (SP #89-06)
18. This special use permit shall be reviewed by City staff for compliance at 6, 12, 18,
and 24 months form the date the daycare center begins operation and a report
submitted to the Council for those reviews. (SP #89-06)
19. At least one (1) off-street parking space shall be provided for each 100 square feet of
useable day care floor area. (SP #02-03)
50
City of Fridley Land Use Appiication
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:
Speciat 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 to their existing
special use permit, which allows a private
school and religious activities in the R-1 Sing/e
Family District.
City staff 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 ot tne isiamic �erner r►u��� �y
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.
52
Gardena Elementary School closed in the fall of 1978, due to the projected decline in student
enrollment. The school was then sold to Faith Academy and the �ity 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
53 2
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 12"' 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.
txisting tsuuamg
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.
3
54
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 catlings are made) shown on the site plan on the east side of the
alcove on Phase I I 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 lslamic 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
55 4
even with the proposed addition they believe that 500 students would 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°/a 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 closely interact with a
residential district. The code requirements allowed in this district are 40% maximum for lot
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 I, 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.
5
56
WETLAND AND RUN OFF ANALYSIS
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 handte 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 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 AMALNVOODCREST 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%
57 6
Totino Grace High School has 30 acres and just over 250,000 square feet of building space.
Their lot coverage is 19%.
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 sguare 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 fhis special use permit, as it is a modi�cation to their existing
specia/ use permits, which allows a private school and religious activities in the R-1 Single
Family District.
City Staff 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 shalf 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.
7
58
� AGENDA ITEM
�
CITY COUNCIL MEETING OF
� °F Janua 3 2005
F�io«r rY �
To: William W. Burns, City Manager � rj1 �
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Date: December 29, 2004
Re: First Reading of an Ordinance to Amend Chapters 30, 603 and 606 of the
Fridley City Code Pertaining to Lawful Gambling
At the request of a councilmember, staff has reviewed the City.Code pertaining to lawful
gambling to allow all lawful gambling organizations in the city to conduct any lawful gambling
or use any lawful gambling device that is allowed by Minnesota Sta.te Statutes, Chapter 349.
Approximately 30 years ago when lawful gambling became legal, the city council felt that
"Clubs" had the right to conduct lawful gambling and that there would be no significant impact
on the community. However, there was a fear that wide spread lawful gambling would have a
negative impact on the financial ability of some of our citizens and, therefore, was limited to
pull-tabs only and only in intoxicating liquor establishments. Since that time, the Minnesota
Lottery has matured, Indian Gaming has multiplied and charitable gambling has proliferated.
This ordinance would amend Chapters 30, 603 and 606 to a11ow a111icensed local gambling
organizations to conduct lawful gambling allowed by MN Statutes, Chapter 349, rather than just
limiting their lawful gambling to pull-ta.bs. While the ordinance would make it legal for other
organizations to conduct the "paddlewheel" or "meat raffle", it does not require them to do either
or both.
StafFhas worked with the city attorney to review the City Code and amend it by this ordinance.
Chapter 30 clazifies that lawful gambling may be conducted under Chapter 603, "Intoxicating
Liquor" or Chapter 606 "Intoxicating Liquor On-Sa1e Club". By amending Chapter 30 you have
clarified where and who may conduct lawful gambling. �
Staff recommends discussing the amendment and holding the first reading of the ordinance.
���
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30, CHAPTER 603 AND CHAPTER 606 OF THE
FRIDLEY CITY CODE PERTAINING TO LAWFUL GAMBLING
The City Council of the City of Fridley does hereby find and ordain, after review, examination
and staff recommendation that Chapters 30, 603 and 606 of the Fridley City Code be hereby
amended as follows:
SECTION 1: That Chapter 30 of the Fridley �ity Code is hereby amended as follows:
CHAPTER 30. LAWFUL GAMBLING
30.02. DEFINITIONS
The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter.
Licensed organizations in the Citv of Fridlev ma�be permitted to conduct lawful �amblin� or
use anv �amblin� device allowable bv Chanter 349.
30.03. REGULATIONS
1. Licensed organizations conducting lawful gambling within the City of Fridley shall
expend fifty percent (50%) of its expenditures for lawful purposes conducted or located within
the City of Fridley trade area. The Fridley trade area is limited to the City of Fridley and each
city contiguous to the City of Fridley.
2. Licensed organizations conducting lawful gambling within the City of Fridley must file a
copy of monthly gambling board financial reports to the Fridley Gity Clerk.
3. Licensed organizations conducting lawful gambling may not conduct lawful,gamblin�
r""� operations in more than two premises in the City.
4. Licensed organizations conducting lawful gambling within the City of Fridley in an
establishment licensed under Chapter 603 Entitled "Intoxicating Liquor" or Ch�ter 606 Entitled
"Intoxicatin� Lic�uor On-Sale Club" of the Fridley City Code may s�a�l-e�3� sell pull-tabs from a
booth used solely by the licensed lawful gambling organization, a~••" +°''� or conduct such
other forms of lawful �amblin� with lawful �amblin¢ devices as mav be permitted bv state law
and authorized andpermitted bv �e Citv. Lawful gambling shall neither be conducted se� by
employees of the liquor establishment or conducted s�e�l� from the bar area.
5. Licensed organizations conducting lawful gambling in the City of Fridley shall be
responsible for booths and other equipment used in lawful gambling.
6. No bingo hall license holder or lawful gambling license holder shall permit bingo to be
conducted on the premises more than 4 days in any week, or permit more than 12 bingo
occasions in any week. (Ref. 964)
•1
Ordinance No.
SECTION 2: That Chapter 603 of the Fridley City Code is hereby amended as follows:
CHAPTER 603. INTOXICATING LIQUOR
603.24 GAMBLING ENDORSEMENT
�- 1. Statement of Policy
Page 2
On-Sale licensees under the provisions of this Chapter or Chapter 606 may request permission of
the city council to permit state licensed organizations to conduct lawful gambling �� *'�° �-� ��
Y"" +�a=r���- on the licensed premises. Application for a gambling endorsement shall be made
to the city clerk with payment of the specified fee in Chapter 11 of the City Code.
2. Regulations
Gambling endorsements on on-sale licenses issued either under this Chapter or Chapter 606 shall
be subject to the following regulations which shall be deemed as part of the license, and failure
of compliance may constitute grounds for adverse action as prescribed in the City Code.
A. Use of the licensed premises sha11 be by means of a state approved lease agreement
between the licensee and the licensed organization. A copy of the lease shall be filed
with the city clerk, and also a copy must be kept on the premises and available for public
inspection upon request. Leases shall be governed by the following:
(1) Any � form of lawful gambling *'���* �'���� �° permitted by the state of
Minnesota as defined by Chapter 349 and otherwise approved or licensed by the City
may be conducted on the licensed premises �b�::'�° -���" *�'�� �„���•,°a �-�, *�� �*�*�
(2) Pull-tabs shall only be conducted se� from a booth used solely by the licensed lawful
gambling organization_; Lawful ambling shall neither be conducted
se� by employees of the licensee or conducted se� from the bar service area.
(3) The construction and maintenance of the booth used by the licensed lawful gambling
organization shall be the sole responsibility of the licensed lawFul gambling
organization.
B. Only one licensed lawful gambling organization shall be permitted to conduct lawful
ambling P��� ����� *��-� on the licensed premises.
C. The licensee may not be reimbursed by the licensed lawful gambling organization for any
license or permit fee, and the only compensation which the licensee may obtain from the
licensed lawful gambling organization is the rent fixed in the lease agreement.
D. The licensee shall be responsible for the licensed lawful gambling organizations conduct
�� "°"'"" „••" +�'��. The city council may suspend the licensee's permission to allow
lawful gambling on the premises for a period up to 60 days for any violation of state or
local gambling laws or regulations that occur on the premises by anyone, including the
���
Ordinance No.
Page 3
licensee or the licensed lawful gambling organization. A second violation within a 12
month suspension, and any additional violations with a 12 month period shall result in the
revocation of the lawfizl gambling permission, and may also be considered by the cit
council as grounds for suspension or revocation of the on-sale liquor license.
SECTION 3: That Chapter 606 of the Fridley City Code be hereby amended as follows:
CHAPTER 606. INTOXICATING LIQUOR ON-SALE CLUB .,
606.10. CONDITIONS
3. Onlv lawful gamblin� or lawful �blin¢ devices nermitted bv the State of Minnesota.
and expresslv authorized and permitted bv the Citv of Fridlev pursuant to Chapters 30 and 603
shall be authorized on the licensed nremises.
� - - -
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF 2005.
Attest:
Debra A. Skogen, City Clerk
First Reading: January 3, 2005
Second Reading:
Publication:
62
Scott J. Lund, Mayor
�
�
CfIY OF
FRIDLEY
To:
y From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
January 3, 2005
William W. Burns, City Manager �t�r
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
December 28, 2004
Italian American Club Foundation, Inc. Premise Permit at Fridley American
Legion Post 303, 7365 Central Avenue NE
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The
Fridley American Legion, Post 303, was conducting charitable gambling on their premises
located at 7365 Central Avenue NE until mid-March when their license was suspended by an
Administrative Law Judge's Order as a result of the activities of the paddlewheel. The American
Legion filed an appeal and received a temporary permit to continue lawful gambling while their
appeal was pending. On December 15, 2004, the MN Court of Appeals upheld an
Administrative Law Judge's Order suspending their license for two years.
After receiving a phone call from the American Legion to find out if another organization could
conduct their lawful gambling, I contacted the Minnesota Gambling Control Boazd (GCB) to
find out whether or not they could bring in another organization. The GCB stated the American
Legion could bring in another organization to conduct their charitable gambling. After
reviewing the City Code, the city attorney recommended changes to Chapters 30, 603 and 606 of
the City Code to allow charitable organizations to conduct lawful gambling or to use lawful
gambling devices allowable by state law. This ordinance is also before the City Council this
evening.
The American Legion interviewed several organizations to find an organization that would
continue to fund the same programs the American Legion has been funding. The American
Legion has signed a Lease for Lawful Gambling Activity with the Italian American Club
Foundation, Inc.
The premise permit application requires a resolution from the City Council approving the
renewal. If the first reading of an ordinance amending Chapters 30, 603 and 606 was held, sta.ff
recommends adopting a resolution approving a premise permit to the Italian American Club
Foundation, Inc., for the American Legion located at 7365 Central Avenue NE. If approved, the
premise permit would become effective in about two months and expire in 2007. Please find a
resolution approving the premise permit.
63
RESOLUTION NO. 2005-,
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL
GAMBLING PREMISE PERNIIT FOR THE TTALIAN AMERICAN CLUB
FOUNDATION, INC. AT THE FRIDLEY AMERICAN LEGION POST 303 LOCATED
AT 7365 CENTRAL AVENUE NE.
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota t
Lawful Gambling Premise Permit for the Italian American Club Foundation, and
WHEREAS, the location of the Premise Permit is for the Fridley American Legion, Post 303, at
7365 Central Avenue NE; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Application for the Italian American Club Foundation,
Inc., at the Fridley American Legion, Post 303 premises located at 7365 Central Avenue NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2005. "
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
.�
SCOTT J. LUND - MAYOR
�
�
CffY OF
FRIDLEY
DATE:
T0:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
December 28, 2004
William Burns, City Manager ,� �
�
FROM: Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Siah St.Clair, Springbrook Nature Center Director
Julie Jones, Planning Coordinator
SUBJECT: Springbrook Watershed Pro'ectlRestoration Plan M-04-174
Background
Since June 2002, the City of Fridley has been coordinating a mult jurisdictional effort to restore emergent
plant vegetation in the Springbrook Nature Center wetlands. Over this coming winter, the Advisory
Committee, overseeing this project, is prepared to move forward with its final storxn water treatment
project, which will occur within the Nature Center borders. This project will require the removal of a
number of trees in the Nature Center. Extensive landscaping will be done in the spring of 2005 to restore
the area impacted. While it is unfortunate that trees must be removed in order to restore the streambed
within the eastern part of the Nature Center, this work is necessary to restore the wetlands within the park,
which are an important part of the wildlife habitat the park provides.
The purpose of this project is to stabilize the section of Spring Brook which enters the park on the east
side and leads west to the park's main wetland complex. This streambed is extremely eroded and is
thought to be part of the cause of sediment smothering plant root rhizomes in the Park's wetlands.
Stabilization of this section of Spring Brook is now possible since the storm water pond at University and
85`h was expanded last year, significantly reducing peak flows into the stream from the east.
The storm water treatment project proposed involves installing a 48" bypass pipe (shown in red on the
attached photo) next to the existing stream coming into the park on the east side. The function of this pipe
will be to bypass the stream (in white) in times of a heavy rain storms. These flows will be brought to the
surface near the eastern edge of the park's main wetland complex. The strea.mbed will be re-meandered
and raised and widened in parts (see stream cross-section graphic at bottom of drawing) to stabilize it and
prevent further erosion.
City Code Section 510.01 (attached), Tree Preservation, requires Commission and Council approval of
any tree removal in a public park. Staff interprets that this project falls under paragraph 3 of 510.01, tree
removal for purposes of public utility construction. The Parks and Recreation Commission reviewed the
plans at their November and December meetings and have approved the attached restoration plan. The
Planning Commission reviewed the attached materials at their December 15 meeting and gave their
approval also.
65
Because the exact area of removal of trees will be adjusted at the time of construction to save certain
trees, it is not possible to submit a drawing indicating a precise landscaping plan. However, as the
attached letter from WSB indicates, the reforestation plan relies primarily on the natural sprouting of
seedlings in the impacted area with new trees and shrubs planted in strategic locations to screen trails and
view of Springbrook Apartments. Staff's experience following the 1986 tornado demonstrated that it is
futile to plant tree seedlings in this part of the park. Deer consume the seedlings despite all feasible means
of screening the plants. With the deer population in the park about ten times what it was back in the 80's,
staff does not recommend dedicating landscaping funds for this project to massive tree planting efforts. In
addition, trees that naturally sprout on their own will not need to be hand watered to survive. Despite the
difficulties with the deer, Nature Center staff will be seeking volunteer assistance to reforest the area
using donated or onsite, transplanted materials.
Besides the replacement of trees, re-vegetation of the streambank is also part of this reforestation plan.
The wood fiber blankets being installed will be seeded with a woodland/wetland seed mix and are
designed to let the existing seedbank sprout and grow through it. Again, volunteers will likely be utilized
to supplement these efforts.
The Springbrook Watershed Project Advisory Committee approved the final design plans, authorizing
bids for the project at their December 1 meeting. The award of the bid and approval of the construction
contract, according to the final design plans, must be completed by the Fridley City Council, as Fridley is
the Project Sponsor.
The financing of this part of the Springbrook Watershed project comes primarily from State Clean Water
Partnership grant funds. However, previously committed city funds from all four participating cities are
also going into this project.
Recommendation
Staff recommends that the City Council approve the attached resolution, which approves the project
design plans, the landscape restoration plan, and authorizes the advertisement for bids. Pending a
successful bidding process, City staff plans to bring an approval for bid award on this project back to the
City Council on January 24 as it is critical that the selected contractor be given ample cold-weather time
to complete the project.
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RESOLUTION NO. -2005
A RESOLUTION APPROVING DESIGN PLANS, LANDSCAPE RESTORATION PLAN, AND
ORDERING ADVERTISEMENT FOR BIDS: SPRINGBROOK CREEK RESTORATION
PROJECT NO. 358
WHEREAS, the City of Fridley is participating in the Springbrook Watershed Clean Water Partnership
Grant Project with the intent of restoring the wetlands at Springbrook Nature Center in Fridley, and
WHEREAS, the City of Fridley is the project Sponsor for the Springbrook Watershed Project and thus is
responsible for coordinating the bidding process for the project components as part of the City's
responsibility of managing the finances for the grant project, and
! WHEREAS, the Springbrook Watershed Project Advisory Committee has reached agreement on design
plans for a streambed restoration project that will protect the Springbrook Nature Center wetlands but will
involve the removal of many trees in the park, and
WHEREAS, Section 510 of Fridley City Code requires approval by the Parks and Recreation and
Planning Commissions, as well as, the City Council before any trees may be removed on City-owned
land.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County,
Minnesota, as follows:
1. That the streambank restoration work recommended for completion by the Springbrook
Watershed Project Advisory Committee and the work involved in said improvement shall
hereafter be designated as:
SPRINGBROOK CREEK RESTORATION PROJECT NO. 358
2. The plans and specifications prepared by WSB and Associates for the Springbrook Creek
Restoration Project, pursuant to the Council action heretofore, are hereby approved and shall be
filed with the City Clerk.
3. The work to be performed under the Springbrook Creek Restoration Project will be one contract.
4. The landscape restoration plan prepared by WSB and Associates, related to the removal and
replacement of trees within Springbrook Nature Center, pursuant to the Council action heretofore,
are hereby approved and shall be filed with the City Clerk.
The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper
advertisement for bids according to the approved plans and specifications. The advertisement shall be
published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that the
bids will be opened at 10:00 a.m. on MONDAY, JANUARY 24, 2005, in the Council Chambers of the
Fridley Municipal Center, and that no bids will be considered unless sealed and filed with the Public
Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of
Fridley for five percent (5%) of the amount of such bid. The advertisement for bids for the Springbrook
Creek Restoration Project shall be substantially standard in form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD
DAY OF JANUARY, 2005.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
67
SCOTT J. LUND — MAYOR
FRIDLEY CITY CODE
CHAPTER 510. TREE PRESERVATION
(Ref. 559)
510.01. DESTRUCTION OF LIVING TREES
No person or corporation, public or private, including but not limited to the City of Fridley, its
officers, employees or agents, shall order or cause the injury or destruction of any living tree on
City-owned land except under any of the following conditions:
1. For control of verified cases of Oak Wilt or Dutch Elm disease as provided in Chapter 104 of
the Fridley City Code;
2. For purposes of woodland management, the removal of up to three (3) trees per acre per year
may be permitted, but only after a management plan justifying such removals has been approved
by the Fridley Parks and Recreation Subcommittee, the Fridley Planning Commission and the
Fridley City Council. No tree removal shall be allowed under the provisions of this Paragraph
which is not defined in the plan; or,
3. For purposes of necessary public utility construction, but only after the preparation of a
detailed plan and approval by the authorities named in 510.01.2. No such plan shall be approved
that does not provide for reforestation and the restoration of the land to its original condition.
510.02. EXEMPTION
Trees measuring less than three (3) inches in diameter at a point four (4) feet above ground are
exempt from the provisions of this Chapter.
510.03. TRIMMING
Nothing in this Chapter shall be construed to pre�ent the routine trimming of trees in street
right-of-ways.
510.04. VIOLATION
Any person who violates this Chapter shall be guilty of a misdemeanor and is subject to all
penalties provided for such violations under the provisions of Chapter 901 of this Code. The
injury or destruction of each protected tree shall be a separate violation.
���7
INVITATION FOR BIDS
SPRINGBROOK NATURE CENTER
STORM SEWER IMPROVEMENTS AND CHANNEL RESTORATION
FOR THE CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Fridley until 10:00 a.m.,
January 24, 2005, at the Fridley City Hall, 6431 University Avenue Northeast, Fridley, MN, and will be
publicly opened and read at said time and pl�ce by representatives of the City of Fridley. Said proposals
for the furnishing of all labor and materials for construction of the following approximate quantities:
2,000 Lin. Ft. Stream Restoration.
1,400 Lin. Ft. 48" Storm Sewer
2 Acres Tree Removal or Grubbing
2 Acres Restoration
The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents,
Plans, and Specifications as prepared by WSB & Associates, Inc., 701 Xenia Avenue, Suite 300
Minneapolis, MN 55422, which are on file with the City Clerk of Fridley and may be seen at the office of
the Consulting Engineers or at the office of the City Clerk.
Copies of Proposal Forms and the Plans and Specifications for use by contractors submitting a bid may
be obtained from the Consulting Engineers, WSB & Associates, Inc., 4150 Olson Memorial Highway,
Suite 300 Minneapolis, MN 55422, upon deposit of Fifty Dollars ($50.00) (non-refundable) per set.
Project documents are also available at http://www.auestcdn.com. You may download the complete set
of digital bidding documents for $25.00 by entering eBidDoctm #315942 on the "Search Projects" page.
Please contact QuestCDN.com at 952-233-1632 or info(a�auestcdn.com for assistance in free
membership registration, downloading, and working with this digital project information.
No bids will be considered unless sealed and filed with the City of Fridley and accompanied by a cash
deposit, cashier=s check, or certified check, or bid bond made payable to the City of Fridley for five
percent (5%) of the amount bid, to be forfeited as liquidated damages in the event that the bid be
accepted and the bidder fail to enter promptly into a written contract and furnish the required bond.
No bids may be withdrawn for a period of ninety (90) days from the date of opening of bids. The City of
Fridley reserves the right to reject any or all bids.
DATED: January 4, 2005
PUBLISHED IN THE:
Columbia Heights/Fridley Focus
Construction Bulletin
SPRINGBROOK NATURE CENTER
STORM SEWER IMPROVEMENTS AND
CHANNEL RESTORATION
CITY OF FRIDLEY
ANOKA COUNTY
WSB PROJECT NO. 1449-02
• �
BY ORDER OF THE CITY COUNCIL
s/s William W. Burns
City Manager
Fridley, MN
January 6 and 13, 2005
January 7 and 14, 2005
IFB
�
�
CtTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 3, 2005
Date: December 27, 2004
To: William Burns, City Manager 1��
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Request, VAR #04-14, St. Philip's Church
M-04-171
INTRODUCTION
St. Philip's Lutheran Church is seeking a variance to increase the size of a free-standing
pylon sign from 32 square feet to 78 square feet.
The petitioner plans to remove the existing temporary signs and relocate the information
currently presented on the existing monument and temporary signs to the new pylon
sign to be located on the northeast corner of the property along Highway 65. The
existing corner monument sign structure would remain, but the churches name would
be removed and the site address added in place of the name. In order to incorporate all
of this information into one larger sign, the petitioner plans to later request a special use
permit to incorporate an electronic reader board section on the bottom of the sign.
APPEALS COMMISSION RECOMMENDATION
At the December 8, 2004, Appeals Commission meeting, a public hearing was held for
VAR #04-14. After a brief discussion, the Appeals Commission recommended denial of
VAR #04-14.
THE MOTION CARRIED ON A 4 TO 1 VOTE.
STAFF RECOMMENDATION
City Staff recommends concurrence with the Appeals Commission.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached.
1. All temporary signs located on the property shall be removed immediately and this
property shall be subject to the sign code standards for temporary signs.
2. Existing corner, brick monument sign will be modified to remove name of church and
only contain the address of the property.
7�
A
3. The minimum height from the bottom of the new pylon sign and the finished ground
grade shall be 10 feet or the sign will be placed at least 25 feet back from all
property lines.
4. No additional pylon signs are allowed on this site.
5. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of ,
messages which makes the sign less in compliance with requirements. �
B. The supporting structure of the sign is replaced or remodeled. ;°"
C. The face of the sign is replaced or remodeled. `
D. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be removed.
E. Notwithstanding subparagraph (A) above, upon the change of the name of
the business being displayed on this sign.
�
71
City of Fridley Land Use Application
VAR #04-14 December 1, 2004
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
; Howard Helgen, President
� St. Philip's Lutheran Church
� 6180 Highway 65 NE
Fridley MN 55432
Requested Action:
Variance to exceed sign code size
requirements
Existing Zoning:
R-3, General Multiple Dwelling
Location:
6180 Highway 65 NE
Size:
7 acres
Existing Land Use:
Church
Surrounding Land Use & Zoning:
N: Miller Funeral Home & C-3
E: Moore Lake Shopping Center
& C-3
' S: Moore Lake & P
W: Single Family Homes & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 214.05.6.A limits the
maximum size of an institutional sign
to be 32 square feet in area.
Section 214.11.2.D requires free
standing signs to have a minimum of
10' from the bottom of the sign to the
finished ground grade when within
25' of any driveway or corner vision
safety zone.
Zoning History:
t 1955 — Lot is platted.
� 1958 — Church constructed.
- 1959 — Education building added.
1965 — Santuary added.
1991 — Building addition.
Legal Description of Property:
72
Outlots 1 and 2, Block 2, Moore Lake
Highlands, 4th Addition
Public Utilities
Building is connected.
Transportation:
The property receives access from West Moore
Lake Drive and Highway 65.
Physical Characteristics:
Lot is fully developed, contains buildings,
parking, & landscaped areas.
SUMMARY OF PROJECT
St. Philip's Lutheran Church is seeking a
variance to increase the maximum size of a free
standing sign from 32 square feet to 78 square
feet at 6180 Highway 65
SUMMARY OF HARDSHIP
"Our situation is unique. The variance will
not alter the character of the neighborhood.
We had nothing to do with our zoning
classificafion or the sign size of the
businesses on our corner. We cannot
`reasonably' use our property if our
proposed sign is dwarfed by other signs at
our intersection."—see attached letter.
SUMMARY OF ANALYSIS
City Staff recommends denial of this variance
request.
• Petitioner has no statutory defined hardship.
• Two similar variance requests have been
denied to churches in the past.
CITY COUNCIL ACTION / 60 DAY DATE
City Council — January 3, 2005
60 Day Date — January 3, 2005
Staff Report Prepared by: Julie Jones
�1
VAR-04-14
REQUEST
St. Philip's Lutheran Church is seeking a variance to increase the size of a free standing
pylon sign from 32 square feet to 78 square feet.
The petitioner plans to remove the existing temporary signs and relocate the information
'' currently presented on the existing monument and temporary signs to the new pylon
sign to be located on the northeast corner of the property along Highway 65. The
� existing corner monument sign structure would remain, but the churches name would
be removed and the site address added in place of the name. In order to incorporate all
of this information into one larger sign, the petitioner plans to later request a special use
permit to incorporate an electronic reader board section on the bottom of the sign, which
is shown as blank on the attached sign illustration in your packet.
Proposed Sign Location on corner
The petitioner is proposing to place the new pylon sign 10 feet back from the north and
east property lines. Their sign illustration, however, shows only 9' of clearance below
the bottom edge of the pylon sign. A stipulation will need to be placed on this variance,
if approved, requiring the minimum 10' clearance or placement of the sign at least 25'
back from the property lines, as the petitioner is not seeking a variance to this
requirement.
SITE DESCRIPTION AND HISTORY
The property is zoned R-3, General Multiple Dwelling District. Surrounding properties to
the west are zoned R-1, Single-Family Residential. Surrounding properties to the north
and east are zoned C-3, General Shopping. St. Philip's Church is located at 6180
Highway 65, on the corner of West Moore Lake Drive and Highway 65. The original
church building was constructed in 1958 and there have been several additions to the
property since then.
73
Besides serving as a community church, St. Philip's Lutheran Church contains a
daycare and shares its facilities with many community groups for their meetings. The
church also provides an after school program for at risk youth from the Fridley schools.
This property has had two free-standing sign permits in the past, one issued in 1978
and one in 1994. The permit issued in 1978 was for the existing corner monument sign,
which bears the name of the church. The other 1994 sign permit was for a temporary
sign permit, which was for two years. After the expiration of that temporary permit, staff „
noticed that the sign had not been removed and informed the church of the violation.
The church ended up requesting and obtaining a one-year extension from the City �
Council on the temporary sign permit. In 2000, the temporary sign, bearing information
about worship and Sunday school hours had not been removed. In addition, a second
temporary sign, promoting the daycare at the church had been added. Properties are
only allowed one temporary sign. The church was informed of the violations again.
Today, the daycare sign has been removed, but the temporary sign, which should have
been removed several years ago, is still in place.
CODE REQUIREMENTS
Section 214.05.6.A of the City Code allows the maximum size of a free standing
institutional sign in a residential district to be 32 square feet in area. The petitioner is
seeking a variance to increase the size to 78 square feet.
PREVIOUS CASES
There are two other churches in Fridley located on busy thoroughfares that have
applied for variances to the maximum free-standing sign 32 square footage requirement
for a residentially-zoned property. In 1993, Grace Evangelical Free Church at 755 — 73rd
Avenue applied for a variance to have a 40 square foot sign. In 2000, Woodcrest Baptist
Church applied for a variance to construct a 70 square foot sign. Both of these variance
requests were denied. In addition, staff has investigat�d what other cities' sign codes
permit in this case. Most do not allow more than 32 square feet of free-standing signage
for a church in a residential district.
FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL
Before the Commission shall grant a variance, it is the responsibility of the applicant to
meet the four conditions required to be met in Section 214.21.02 of the City Sign Code.
None of the four conditions required have been met by the petitioner. Therefore, by
Code, the sign variance should not be granted. The four requirements and an
explanation of how the petitioner has failed to meet these mandatory requirements are
listed below.
1. Exceptional or extraordinary circumstances applicable to the property or to
the intended use that do not apply generally to other property in the same vicinity
and district.
The petitioner argues that the church's location in a primarily commercially-zoned area
is a unique circumstance, making their signage difficult to see when surrounding
signage is allowed to be much larger in size. However, the mere size of the church
campus and the architecture of the building with the pronounced spire make it clearly
visible as a church without any need for signage. The church campus is separated by
74
the distance of wide road widths from the nearby commercial on three sides and the
lake on the south, making the property highly visible. There are many other churches in
Fridley located on busy road ways, also zoned in residential districts, which have had to
abide by the residential signage size limitations. One of these churches on University
Avenue has actually been denied a similar variance request just four years ago. There
are no unique physical features to the applicant's property to justify a hardship.
2. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
district, but which is denied the property in question.
Larger signs that do not meet code are not a property right possessed by other
adjoining properties within the same vicinity. Only one of the surrounding commercial
properties, Moore Lake Shopping Center, has been awarded a pylon sign size variance,
and this variance was justified as they combined the potential for several allowed 80'
pylon signs into one larger sign. Denying a variance for the excessive size of the
signage does not eliminate the opportunity for signage on the property. The petitioner
has the opportunity to install a 32 square foot pylon sign and still keep their existing
monument sign, provided they change the lettering and use it as an address sign. In
addition, residentially zoned properties are permitted to have up to three square feet of
wall signage. Possibly the church could use this option to display information about the
daycare or church service times.
3. That the strict application would constitute an unnecessary hardship.
City staff has not been able to identify any hardship for the increased size request. The
petitioner argues that a 32' sign would be "dwarfed" by other signs at the intersection.
However, there are no existing signs blocking view of the proposed sign location from
any direction as you approach the East Moore Lake Drive/Hwy. 65 intersection. Strict
application of the 32 square feet size limitation would still afford the church a highly
visible sign. A nearby example is the 32 square foot electronic sign recently installed at
the Fridley High School. It is very visible from at least a block away.
4. That the granting of the variance would not be materially detrimental to the
public health, safety or general welfare, or detrimental to the property in the
vicinity or district in which the property is located. ,
A larger sign at the church property would not be detrimental to businesses at nearby
commercial properties. It may have an impact on and be noticed by nearby residential
properties, however, because the sign would be visible to homeowners on West Moore
Lake Drive when placed at the corner of the church property. In addition, a larger sign
would hinder the view of one of the most scenic views of Fridley — West Moore Lake as
you drive southbound on Highway 65. One of the purposes of the sign code
requiremerits is to reduce the size and amount of signage allowed on a property in order
to reduce visual pollution. A larger than allowed sign would impact a scenic area of
Highway 65.
RECOMMENDATIONS
City Staff recommends denial of this variance request.
• Petitioner has no statutory defined hardship.
75
• No comparable variances have been granted over the past 11 years.
STIPULATIONS
City Staff recommends if this variance request is granted thaf the following stipulations
be attached.
1. All the temporary signs located on the property shall be removed immediately and
this property shall be subject to the sign code standards for temporary signs.
2. Existing corner, brick monument sign will be modified to remove name of church and
only contain only the address of the property.
3. The minimum height from the bottom of the new pylon sign and the finished ground
grade will be ten feet or the sign will be placed at least 25' back from all property
lines.
4. No additional pylon signs are allowed on this site.
5. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
B. The supporting structure of the sign is replaced or remodeled.
C. The face of the sign is replaced or remodeled.
D. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be removed.
E. Notwithstanding subparagraph (A) above, upon the change of the name of
the business being displayed on this sign.
76
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
DECEMBER 8. 2004
CALL TO ORDER
Chairperson Kuechle called the December 8, 2004, Appeals Commission meeting to order at
7:30 p.m.
ROLL CALL
Members Present: Ken Vos, Larry Kuechle, Blaine Jones, Brian Sielaff, and Gary Zinter.
Others Present: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, City Planner
Rebecca Brazys, Recording Secretary
Howard Hetgen, St. Philip's Church, Petitioner
Allen Spitzer, St. Philip's Church
Gordy Wallenstein, Furniture Outlets USA, Petitioner
David Baillie, Furniture Outlets USA, Petitioner
APPROVAL OF MINUTES OF SEPTEMBER 8, 2004, MINUTES
MOTION by Mr. Jones, seconded by Mr. Zinter, to approve the minutes of the September gtn,
meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
1. Variance Request VAR #04-14 bv St. Phillips Lutheran Church for
consideration of a variance to increase the maximum square footaqe of a free-
standinq siqn from 32 square feet to 78 square feet, qenerallv located at 6180
Hiqhwav 65 NE.
MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
PUBLIC HEARING OPENED AT 7:35 PM.
Julie Jones stated the petitioner is seeking a variance to increase the size of a free-standing
pylon sign from 32 to 78 square feet. The subject property is zoned R3 and in this district an
institutional sign is allowed. The property is surrounded by C3 to the north and east and by
single family to the west and Moore Lake to the south. The church has existed on the property
since 1958 and has had several additions over the years. The church has two access points,
one on the north side of the property to West Moore Lake Drive and one access point on
Highway 65. The church contains a day care, space for community meetings and an after
school program.
77
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 2 of 6
Ms. Jones explained they have had two free-standing sign permits in the past; one issued in
1978 for the existing corner monument sign and a temporary sign permit in 1994 for the existing
church service hours sign. This temporary sign was due to be removed years ago. They also
had an additional temporary sign on the property for which they did not get a permit. The
signage thaYs permitted for this property by City Code is an institutional sign up to 32 square
feet in area. The existing corner monument sign can stay even with the pylon sign providing
they change the lettering on the monument sign to reflect the address only. Residential
properties are also allowed to have one wall sign up to three square feet.
Ms. Jones stated that staff has looked into whether there were similar cases in the City. There
are two other Fridley churches on busy thoroughfares that have applied for variances to the
maximum sign size and which were also localed in residential zoning. In 1993, Grace
Evangelical at 755 73�d Avenue applied for a variance for a 40 square foot sign and that request
was denied. In 2000, Woodcrest Baptist Church on University Avenue applied for a variance to
construct a 70 square foot free standing sign and that request was also denied. City staff also
looked into what is permitted in other cities, Ms. Jones explained, and that survey found that the
32 square foot limitation is fairly common.
Ms. Jones referred to the hardship statement by the petitioner as follows:"Our situation is
unique. The variance will not alter the character of the neighborhood. We had nothing to do
with our zoning classification or the sign size of the businesses on our corner. We cannot
`reasonably' use our property if our proposed sign is dwarfed by other signs at our intersection."
Ms. Jones reviewed a schematic of the proposed sign. She stated the petitioner has indicated
that if the variance is approved, they will likely apply for a special use permit to have an
automatic reader-board type feature in the bottom of the sign. In the site plan submitted by the
petitioner the location of the sign will be at the northeast corner of the property just to the side of
their existing monument sign.
Ms. Jones further explained that in order to approve such a variance request, there are four
conditions that must be met:
1. Exceptional or extraordinary circumstances applicable to the property or to the
intended use that do not apply generally to other property in the same vicinity.
Ms. Jones stated the petitioner argues that the church's location in a primarily commercially
zoned area is a unique circumstance, making their signage difficult to see when surrounding
signage is allowed to be much larger in size. However, staff contends that the church is
highly visible. IYs not hidden by a significant number of trees or anything blocking clear view
of the church from the highway. IYs pretty obvious from the church structure itself that it is a
church. Staff was not able to find any unique physical characteristics to the applicanYs
property that would justify a hardship in this case.
2. That the variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and district, but which
is denied the property in question.
Ms. Jones stated the staff looked into the history of such variances at other churches and
found that no other church in a similar circumstance had been given a variance to sign size.
The church does have an opportunity to provide visible signage. They are allowed to have
up to a 32 square foot pylon sign without a variance.
:
CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 3 of 6
3. The strict application would constitute an unnecessary hardship.
Ms: Jones stated staff feels that the 32 square foot pylon sign would easily be viewed from
the highway.
4. That the granting of the variance would not be materially detrimental to the public
health, safety or general welfare, or detrimental to the property in the vicinity or
district in which the property is located.
Ms. Jones stated the petitioner has indicated that the residential area to the west would not
be affected by the larger sign. However, staff points out that a larger sign could inhibit
southbound view of West Moore Lake along Hwy 65 which is probably the most scenic area
we have along a major thoroughfare in the community. Also, a larger sign would probably
be visible from the residential area to the west depending where it is placed on the corner.
And there are multi-family residential properties to the northeast that would likely have
visibility of this sign.
Ms. Jones stated that staff recommends denial of this request because the petitioner has no
statutory defined hardship and there are no comparable variances that have been granted over
the past eleven years. If the Commission does decide to grant a variance, staff recommends
the following stipulations be attached.
1. All the temporary signs located on the property shall be removed immediately and
this property shall be subject to the sign code standards for temporary signs.
2. Existing corner, brick monument sign will be modified to remove the name of the
church and contain only the address of the property.
3. The minimum height from the bottom of the new pylon sign and the finished ground
grade will be ten feet or the sign will be placed at least 25 feet back from all property
lines.
4. No additional pylon signs are allowed on this site.
5. This variance shall remain in effect unless any of the following occur:
a. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
b. The supporting structure of the sign is replaced or remodeled.
c. The face of the sign is replaced or remodeled.
d. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be removed.
e. Notwithstanding subparagraph (A) above, upon the change of the name of the
business being displayed on this sign.
Chairperson Kuechle asked if this property were zoned commercial what the sign allowance
would be.
Ms. Jones responded that the sign size allowance for a commercial property, like those across
the street, is 80 square feet.
Commissioner Sielaff questioned the 10 foot minimum from the bottom of the sign to the
ground.
Ms. Jones explained that would be to ensure clear visibility for traffic.
79
CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 4 of 6
Howard Helgen, President of St. Phillips Lutheran Church, stated they are not asking for any
special privileges, but simply want to be treated similarly to their commercial neighbors. The
church is located on a busy commercial corner, and for reasons they have nothing to do with,
their property is zoned residential. The character of the area is commercial. The staff report
has focused on comparing this petition to other churches, but the other church situations are not
comparable as there are no other signs surrounding Grace or Woodcrest Church. They do not
believe the permitted 32 square foot sign would be effective in the St. Phillips location. The
property across Highway 65, Brand Name Deals, has over 200 square feet of signage including
a 72 square foot pylon sign. The sign St. Phillips is proposing will be an asset to the city as it
will have amber letters, will publicize the mission and ministry of their congregation and it will
alert the community to the many activities they have, including an after school program, and
many other community groups. He stated many people drive by their intersection and are not
able to identify it as St. Phillips. Directly across to the north, Mr. Helgen pointed out that the
Miller Funeral Home has an 80 square foot sign. To the northeast, he stated the Moore Lake
Commons sign which is 240 square feet, over 3 times the size of their proposed sign. To the
north of the Miller Funeral Home there is a Crown Trophy sign which is 64 square feet and the
Maple Lanes Bar & Grill sign is 86 square feet.
Mr. Helgen stated the staff report does not focus on the key elements which is the commercial
signs in the area. He claims St. Phillips does satisfy the four criteria required for such a
variance as their church's request should be compared to the commercial signs in the area
rather than other church signs not surrounded by commercial development. Referring to the
staff's comparisons to Grace and Woodcrest, Mr. Helgen stated St. Phillips is located on Hwy
65 which is a much busier and faster thoroughfare. Also Grace Church is located on a service
road and neither have commercial signs around them.
Mr. Helgen also stated that St. Phillips will be celebrating their 50th anniversary in a couple of
years and they have invested a lot of money in this community. They are frustrated with their
sign situation. They have been studying this for a long time and have budgeting money for a
long time. They now have a sign proposal at a cost in excess of $35,000 because they feel it
will be an asset to the community will publicize the mission and ministry of St. Phillips and will
allow the community to know more about their programs.
Referring to the second requirement, Mr. Helgen stated that staff has ignored the 72 square feet
versus the 80 square feet comparison for the commercial signs in the area. Putting up only a 32
square foot sign doesn't do them much good if everyone around them can put up an 80 square
foot sign or a 240 square foot sign. The fact that they are zoned residential is an anomaly.
They have a 7 acre sight which no residential property has in the city.
As to the third requirement, Mr. Helgen stated that people driving by the church at 50 to 60
miles per hour are not going to be able to see a 32 square foot sign when there are much larger
signs surrounding it.
The fourth requirement, Mr. Helgen stated, referred to a picture of the church property taken
from the west and showing that the proposed sign will not be a factor for the residents to the
west. And the residents of the apartment building to the east would see the existing commercial
signs more so than the proposed sign for St. Phillips. Also, the proposed sign will in no way
impair the view of the lake.
�.3�,
.�
CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 5 of 6
In summary, Mr. Helgen stated St. Phillips wants to be treated like the commercial businesses
in the area, there's no comparable situation, they believe their situation is unique, and the staff
report is focused too much on comparing the petitioner to other churches.
Allen Spitzer, Chairman of the Property and Grounds Committee for St. Phillips, explained the
congregation is excited about the proposed sign because it will get a message out to the
community about the programs St. Phillips has to offer the community.
Commissioner Sielaff asked how the petitioner decided on the sign size of 78 square feet.
Mr. Helgen stated it would be difficult to justify a sign larger than the neighbor's 80 square foot
sign. Also, in order to be able to show a lot of text, the larger sign was necessary.
Mr. Spitzer explained also the larger sign allows any combination of four lines of text at 9 inch or
3 lines, or 2 lines, or one big word. The smaller sign would hinder their ability to get their
message out.
Commissioner Sielaff asked if the petitioner has any problem with the stipulations
recommended by the staff.
Mr. Helgen stated they would have not objections to the stipulations.
Commissioner Zinter asked if the petitioner had considered applying for a zoning change.
Mr. Helgen stated they did not because zoning changes are very difficult and they don't believe
they need a zoning change.
Commissioner Jones asked how the petitioner sees themselves being different from Woodcrest
Baptist Church.
Mr. Helgen replied the difference is there are thousands of square feet of commercial signs on
the corner by St. Phillips while there are none by Woodcrest. The same applies to Grace
Church. Also, Hwy 65 is much busier than University Avenue. He then referred to the
Assembly of God Church on the corner of Osborne and University which does have a very large
sign. He added that he is not aware of any opposition to St. Phillip's proposed sign from the
neighbors.
Commissioner Jones asked if staff has received any letters of concern from neighbors.
Ms. Jones stated they have not.
Chairperson Kuechle questioned how difficult a rezoning would be to obtain.
Mr. Hickok stated a breakpoint for zoning often times is a major roadway and in this case there
are distinct zones. One of the criteria they would look at in a rezoning is whether or not it is
consistent with adjacent zonings, and it wouldn't be.
Commissioner Jones asked what would happen if this property were to be sold and a
commercial use was proposed for the site, would it be considered for rezoning.
E���
CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 6 of 6
Mr. Hickok stated from the staff's perspective it would not be consistent with the residential
zoning to the west and they would be concerned about how commercial development would
impact this site. Also, it really is a more residential feel and raising the intensity along the lake
would be a bad decision.
MOTION by Commissioner Sielaff, seconded by Commissioner Voss, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
PUBLIC HEARING CLOSED AT 8:10 PM.
Commissioner Sielaff stated the petitioner has made a powerful argument about what others are
doing on that intersection and he does agree with the distinction they made between St. Phillips
and the other churches referred to by staff. He stated he is inclined to approve the variance.
Commissioner Zinter stated he's not sure the Appeals Commission should be concerned about
differentiating between C3 and R3 and he doesn't think they should approve the proposed
square footage for the sign for residential property. Also, he drove past twelve churches last
night and they all had 32 square foot signs or smaller. He is not in favor of this request.
Commissioner Jones stated he can see some of the issues, but he would not vote in favor of
this request from the standpoint that it does set a precedent. There are other churches that
would have a similar issue and would have a justification for coming forward. He understands
the petitioner's problem, but it's not enough to vote in favor.
Commissioner Voss stated he thinks it would set a precedent and he'd prefer to let the Council
decide this matter.
Chairperson Kuechle stated even though there is commercial around this site, the petitioner's
property is zoned residential. The City allows churches in a residential zoning and as a trade-off
for allowing that sets certain restrictions on the size of signs. He was also concerned about
setting a precedent. He commented that he heard the presentation by Grace and Woodcrest for
a similar variance and they also had strong arguments, but the bottom line is he's concerned
about setting a precedent and he would recommend denial.
MOTION by Commissioner Zinter, seconded by Commissioner Jones, to recommend denial of
Variance #04-14 by St. Phillips Lutheran Church for consideration of a variance to increase the
maximum square footage of a free-standing sign from 32 square feet to 78 square feet,
generally located at 6180 Highway 65 NE.
UPON A VOICE VOTE, WITH COMMISSIONER SIELAFF VOTING NO, CHAIRPERSON
KUECHLE DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE.
:
•�
� ��
�J�toh2e
_/fizoha /��rrt�ec� �rem,at,cort Jociefc�
6210 NE Hwy b�„ Fn�iley, MN 55432
(763) 571-130Q : Fax (7:63) 571-1301
Kim J. Miller ` D�re�tor/Owner
To BUILDING AND PLANNING COMMISSION
Being established and doing business in this great community of
Fridley for 40 years now, We know the advantage of a good location and
how important it is for people to find a location. Miller Funeral Home,
in the past, has had meetings to dicuss our needs, as St. Philips is now
having with you on their signage issue. We recomnend and in favor of the
variance they are requesting for larger signage.
Thank You
f.'��� ' �� J
Kim . Miller
�
� •r
�
�
CRY OF
FRIDLEY
Date
To:
AGENDA ITEM
3
CITY COUNCIL MEETING OF JANUARY 3, 2005 ,
December 27, 2004
William Burns, City Manager �
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Request, VAR #04-15, Bill Hinks, Furniture Outlets USA
M-04-169
INTRODUCTION
Mr. Hinks, of Furniture Outlets USA, Inc., is seeking four variances, three of which will
allow an increase in the amount of allowable wall signage on each wall of the building.
The other will allow signage on three walls of an industrial building compared to the two
allowed by code. All of these variances are being requested for the Ashley Furniture
Homestore building, which is located at 5353 East River Road.
2
3
:�
The first variance is to increase the amount of allowable wall signage on the
north facing wall (Interstate 694 side) of the building from 342 square feet to
734 square feet.
The second variance is to increase the amount of allowable wall signage on
the west facing wall (customer pickup/delivery side) of the building from 289
square feet to 420 square feet.
The third variance is to increase the amount of allowable wall signage on the
east facing wall (front store entrance) of the building from 289 square feet to
541 square feet.
The fourth variance is to allow signage on three walls of an industrial building.
APPEALS COMMISSION RECOMMENDATION
At the December 8, 2004, Appeals Commission meeting, a public hearing was held for
VAR #04-15. After much discussion, the Appeals Commission recommended approval
of the variance request that would allow signage on three sides of an industrial building
instead of the code required two. The Commission recommended denial of all three
variance requests to increase the amount of allowable wall signage, and
BOTH MOTIONS CARRIED UNAMIOUSLY.
,�
DISCUSSIONS WITH FURNITURE OUTLETS USA SINCE APPEALS COMISSION
. � MEETING
` Bill Hinks, President of Furniture Outlets USA, has since contacted City staff regarding
�� their sign options at this point and any other suggestions staff might have to attract
people to the building. Below is a compiled list of staff's suggestions, which would still
allow the building to comply with the sign code requirements.
➢ Up-light the building: Flood the building with light so it stands out distinctly
from anything that surrounds it. Proper lighting will cause the building to need
less signage to be noticeable.
➢ Install the yellow canopy that is shown on your architectural renderings, over
the customer pickup door.
➢ Light inside yellow awning to create subtle glow
➢ Add 59 square feet. to complete sign package on west sign face
➢ Install an 80 square foot free-standing pylon or monument sign
➢ Use the correct size sign on the north face
➢ Fabricate a smaller Homestore sign for the east face.
STAFF RECOMMENDATION
City Staff recommends denial of the variances fo increase the size of the wall signage
on the north, west and east faces of the building.
➢ Petitioner has no statutory defined hardship.
➢ No comparable variances have ever been granted.
➢ Granting these variances would be precedence setting.
City Staff recommends approval of fhe variance to allow signage to be displayed on
fhree sides of the subject building.
STIPULATIONS
Staff recommends that if the size increase variances are granted, the following
stipulations be attached.
1. The petitioner shall obtain sign permit prior to installation of any additional signage.
2. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
B. The supporting structure of the sign is replaced or remodeled.
C. The face of the sign is replaced or remodeled.
:�
D. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be removed.
E. Notwithstanding subparagraph (A) above, upon the change of the name of
the business being displayed on this sign.
:
City of Fridley Land Use Application
VAR #04-15 December 8, 2004
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bill Hinks
Furniture Outlets USA, Inc.
140 East Hinks Lane
Sioux Falls SD 57104
Requested Action:
Variance to increase the amount of
allowable wall signage.
Variance to allow signage on more than
2 walls of a building.
Existing Zoning:
M-2 (Heavy Industrial)
Location:
5353 East River Road
Size:
391,468 sq. ft. 8.99 acres
Existing Land Use:
Ashley Furniture Homestore
Surrounding Land Use & Zoning:
N: Interstate 694
E: Home Valu & M-2
S: Aramark Uniform Services & M-2
W: Multi-tenant Building & M-2
Zoning Ordinance Conformance:
Sec. 214.12.5.B requires that the total
sign area for a wall sign shall not
exceed fifteen (15) times the square root
of the wall length on which the sign is to
be placed.
Zoning History:
1969 — Lot is platted.
1971 — Building constructed.
2003 — Addition, alteration and demo a
portion of the building.
Legal Description of Property:
Lots 2-5, Block 1, Great Northern
Industrial Plat
Public Utilities:
Business is connected.
Transportation:
East River Road Service Road provides
access to the property.
Physical Characteristics:
Lot consists of the building, parking lot,
and landscaped areas.
SUMMARY OF PROJECT
Mr. Hinks, of Furniture Outlets USA, Inc., is
requesting a variance to increase the amount of
allowable wall signage on the north facing wall
from 342 square feet to 734 square feet, to
increase the amount of allowable wall signage
on the west facing wall from 289 square feet to
420 square feet and to increase the amount of
allowable wall signage on the east facing wall
from 289 square feet to 541 square feet, at the
existing Ashley Furniture Homestore, which is
located at 5353 East River Road.
Mr. Hinks is also requesting a variance to allow
signage on three walls of an industrial building
instead of the required two.
SUMMARY OF HARDSHIP
"The success of this facility depends greatly on
our customer's ability to not only find our retail
facility but the ability to find the main customer
pick up facility for the greafer metro area. The
fact that we are in a largely industrial area
greatly increases our need to inform the public
where we are located without frustrafing them
because of their inability to find the building.
Using the allowable signage would make the
signage extremely di�cult to read from
Interstate 694 and it would appear grossly
disproportionate to the building." — See
atfached hardship statement.
SUMMARY OF ANALYSIS
City Sfaff recommends denial of the variances
to increase the size of the wall signage on the
north, west and east walls of the building.
➢ Petitioner has no statutory defined hardship.
➢ No comparable variances have ever been
granted.
➢ Granting these variances would be
precedence setting.
City Staff recommends approval of the variance
to allow signage to be displayed on three sides
of the subject building.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — January 3, 2005
60 Day — January 3, 2005
Staff Report Prepared by: Stacy Stromberg
�
Dec 31 04 �1:50p
� �
��
FuRNYf'URE 1NpUSTR1ES. IIJC.
DeCezzzber 30, 2�(�4
To: Whom �t May Caz�cern
W� arc plcascd to an�o„�� p,��re Outlets, USA as thc licensee ti�r scvcn (7) Ashl
HomeStores, which wiil Ue loc;atec] ihrou�hout the Mi�neapc�lis, St. Paul arena. �
These Ashley I�IomeStores c�niy sell furniture from As���, ��it� �ustrie I
which is the third lar�e�t home fu�rrii�ure manufacturer in the United States, a.s weli as, the
numbcr onc sclling brand ofhox�e �rniture.
The A1h1�� �om�Store signa�e used is a trade�ark for thc Ashley kipmeStore pro�rarri,
which has been in place sinee lyy7. A11 Ashl�y Hornctores are reqwr� �fl u5� �1�
apPxoved s�gr�a�e. This �rcciorainant signagc will bring the custc�mers to Furn�ture
Ot�tict, USA and should cnha�aee your ]ocai c�,mm�nity btYSinesses.
Kindcst Rc�ards,
ASHLEY FUR,i�1ITURE IND., II�iC;
�� i'� ; / `..
�-�� ��� L'.�� G�^�i-,
Ch uck Spari� �
Ashley HvmeSto�e, �re,<ride�nt
��1E ASH�,�Y 1Nqy • ARCADIA, W- 4g� . pH01VE: 80&323-3377
� .,
p.2
-.. �
I
�AI�'AMARK
�
Uniform Services
January 3, 2005
TO: City of Fridley Council Members
FROM: Scott Simmons, General Manager
�?�RAMARK Uniform Services
RE: VARIANCE FOR ASHLEY FURNITURE STORE SIGNAGE
ARAMARK Uniform Services would be in favor of a variance to increase the signage for
Ashley Furniture Stores facing Highway 694. Due to poor visibility, trees in the area and
the size of the building, we believe the signage should be increased.
ARAMARK Uniforms Services believes in the promotion of successful businesses in
Fridley. We believe this would bring more tax revenue and traffic to the local economy
thus helping all of us in our promotion of our city.
Thank you for your consideration.
� Q. �
5330 IxnusTxtnt. BLUn., N.E.
FRIDLEY� MN 55421
763 586 0020 FAIC 763 5861199
800 556 0117
RU.DY �OSCH�ITZ
�x��iE� ���x��� ����t��
(1978 - 1991)
City of Fridley 12/21/04
6431 University t�venue N�
Fridley MN 5 �432
t�ttil: l�iayor Scoct Lund & City Council
Dear �Ir. Vlayor & City Council Nlembers,
I am u�riting this letter to support the request of our new neighbor, Ashley Fun�iture, for a
vana.nce of your sign ardinance so that they can put as prominent a sign as possible on
their new facility here in Fridley. They have not asked me to write this letter, nor are
they aware that.I am doing so. I am sending them a copy.
I am aware that they may ha�°e proceeded without reference to Fridley's si� ordinance
and I do not defend that. But, frankly, we have been waitinj for years to have a strong,
viable izei.ghbor and Ashley is certainly that. Tliey are good for us. The truth is that
we're thrilled to have them and our businesses comglement one another. They have done
just remarkable v,�ork on a building that had lost most of its vahle. That is �ood for
Fridley and jood for us. They are retailers cc ss a d I kno v you w sh that for� tl em ly
vlsible hom 694. It is important to their su
I also respectfully sug�est that a variance along 694 for a buildin� �f the size �shley has
created is not a v�riance that s'tzould have applicatian elsetivhere in Fri�lley.
Thai�k ��ou tor considenn� uur appeal. This is our -�1'` ye�u- in Fridley. We li�e it here.
'�'� ?ike o�u .ne« nei�hbor and hope the�✓ stay a �,00d long time.
Sincerely,
Rudy Boschwitz, Chairman
Home Valu Interiors, Ina•
Cc: ��shley Furrnture.
Attn: A1 Rohrich; Mgr
53 5 3 East River' Rd.
Fridley yIN 55421
... �,
5401 iAST RI�7ER ROAD s MINNEAPOLIS, MN 55421 °� (763) 571-2636 • FAX (� 63) 571-3411
E-MAIL: RBOSCHWITZC�AOL.COM
�o�E�
����
interiors
January 3, 2005
Ct'�RP'ORATE HEADQUARTERS
5401 East River Road • Minneapolis MN 55421
(763)571-2636 (763) 571-3411 (763) 502-2202 (763) 502-2237
CorporateTelephone Corporate FAX Accounting FAX MIS FAX
Dear City of Fridley,
.���.- �
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117�@T101'S
I am joining my dad in writing to you about our new neighbor Ashley Furniture's
signage. We are an�cious to see Ashley properly signed as we see it as very important to
their success and at the same time it is helpful to our family business as well. There has
been so much retail development to our west in Maple Grove that we Fridley 694
retailers have to have an obvious presence to stand out in the consumers mind. We
believe the variance should be granted as there are some unusual circumstances:
l. Ashley is set back unusually far from 694 and needs larger size letters to stand out to
the consum�r. There are also trees on the State property along the east bound exit ramp
from East River Road to 694 that block visibility of the Ashley building.
2. Ashley is an a very long building at almost 600 feet in length. This should be .
considered as most who might request a variance don't have such a wide building.
3. One has only time to glance at Ashley Furniture when traveling on 694 at high speeds.
We all l�ow how important it is to be focused while driving. It is important that the sign
be large enough to view properly during that split sec�nd one has to glance at Ashley so
as to not create a hazardous driving situation.
Thank you for taking the time to consider Ashley's request. We think the Hinks family
has done a great job revitalizing the old Wickes building and will be a great addition for
many years in Fridley.
Res ctfully,
r �,�t w� -l�
erry Bosc itz
President an CEO
VAR #04-15
REQUESTS
Mr. Hinks, of Furniture Outlets USA, Inc., is seeking four variances, three of which will
allow an increase in the amount of allowable wall signage on each wall of the building.
The other will allow signage on three walls of an industrial building compared to the two
allowed by code. All of these variances are being requested for the Ashley Furniture
Home store building, which is located at 5353 East River Road.
1. The first variance is to increase the amount of allowable wall signage on the
north facing wall (Interstate 694 side) of the building from 342 square feet to
734 square feet.
2. The second variance is to increase the amount of allowable wall signage on
the west facing wall (customer pickup/delivery side) of the building from 289
square feet to 420 square feet.
3. The third variance is to increase the amount of allowable wall signage on the
east facing wall (front store entrance) of the building from 289 square feet to
541 square feet.
4. The fourth variance is to allow signage on three walls of an industrial building.
HARDSHIP STATEMENT
"The success of this facility depends greatly on our customer's ability to not only �nd our
retail facility but the ability to find the main customer pick up facility for the greater metro
area. The fact that we are in a largely industria/ area greatly increases our need to
inform the public where we are located without frustrating fhem because of their inability
fo find the building. Using the allowab/e signage wou/d make the signage exfremely
difficu/t fo read from Interstate 694 and it would appear grossly disproportionate to the
building." — Also see attached hardship statement.
- Ashley Furniture
SITE DESCRIPTION & HISTORY
Furniture Outlets USA, Inc., owns the building at 5353 East River Road, formerly the
Wicke's property, and has opened an Ashley Furniture Home store, with an attached
warehouse. The subject property is zoned M-2, Heavy Industrial as are all surrounding
properties. The property receives access from East River Road Service Road. The
original 141,986 square foot building was constructed in 1971.
In late 2003, the southwest corner of the building was demolished in order to meet
building code requirements, and interior alternations were made to the building. Also at
this time, a 47,488 square foot addition was constructed to the building to be used as
warehouse space. In order to complete the addition to the building, a special use permit
was granted to increase the lot coverage requirement from 40% to 48%. This property
also went through the zoning text amendment process to have the City Codes parking
requirements amended to allow, 1 parking stall per every 400 square feet for a furniture
store use. This amendment was approved by the City Council in 2003.
When the Wicke's building was originally constructed in 1971, a sign permit was issued
to allow 1,477 square feet of signage of the north elevation and 396 square feet of
signage of the west elevation. According to City records, a variance wasn't issued for
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either of these increases in wall signage. In 1995, a sign permit was issued to allow two
signs on the west wall of the building and one on the north wall of the building. The
west wall signage consisted of a 95 square foot sign and a 154 square foot sign, for a
total of 249 square feet. The sign approved on the north wall was for 296 square feet.
All of these signs met the code size requirements for allowable wall signage.
The petitioner initially applied for sign permits for this building in October of this year.
When staff received the applications, it was for signage much larger than what the code
would allow. Staff than contacted the sign contractor and outlined what our sign code
requires for wall signage, and the contractor resubmitted plans to illustrate signs that
would meet our sign code requirements for the west and east walls. Upon approval of
the sign permits, staff set-up an inspection with the Project Manager to measure the
signs. When staff measured the signs, it was evident that tfie signs were much larger
than what the permits were issued for. Staff went ahead and allowed Ashley to put up a
portion of their signs that says, "Ashley Furniture" on the west and east side, leaving out
the "Homestore" portion, due to the fact that their Grand Opening was planned for that
coming weekend. This was done with the understanding that the petitioner would re-
submit applications with the correct dimensions meeting the code requirements or apply
for sign variances.
CODE REQUIREMENTS
Section 214.12.5.B of the City Sign Code requires that the total sign area shall not
exceed fifteen (15) times the square root of the wall length of which the sign is to be
placed.
The north facing wall (Interstate 694 side) of the petitioner's building is 520 feet in
length. The square root of 520 is 22.8. When you multiply 22.8 by 15, the north facing
wall is allowed 342 square feet of signage. The petitioner is seeking to increase the
requirement to 734 square feet, which is 392 square feet more than allowed by code.
North f��g wall
The west facing wall (customer pick-up/delivery side) of the building is 371 feet in
length. The square root of 371 is 19.3. When you multiply 19.3 by 15, the west wall is
allowed 289 square feet of signage. The petitioner is seeking to increase the
requirement to 420 square feet, which is 131 square feet more than allowed by code.
West facing wall
The east facing wall (front store entrance) of the building is also 371 feet in length,
which would allow 289 square feet of signage. The petitioner is seeking to increase the
requirement on the east wall to 541 square feet, which is 252 square feet more than
allowed by code.
East fa�i�q wall
J
Section 214.12.5.A of the City Sign Code allows onty wall signage to be displayed on
two (2) different walls per business. The petitioner is seeking to allow signage on three
walls of the building.
FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL
Before the Commission shall grant a variance, it is the responsibility of the applicant to
meet the four conditions required to be met in Section 214.21.02 of the City Sign Code.
The following analysis illustrates how the petitioner is failing to meet those four
conditions in relation to the wall signage increase variances. Therefore, by Code, the
sign variances for the size increases should not be granted.
1. Exceptional or extraordinary circumstances applicable to the property or to
the intended use that do not apply generally to other property in the same
vicinity and district.
The circumstances surrounding the location of this property are neither exceptional nor
extraordinary to allow signs larger than the Code requires. The property has good
visibility from Interstate 694. The property is not unique when compared to neighboring
properties or other similar zoned property in Fridley. All other wall signage along
Interstate 694 met the sign code requirements, including industrially zoned properties
and commercially zoned properties.
The previous owner of this building had signage that met the sign code requirements,
which provided good visibility for the business. The property located east of the subject
property is Home Valu, which is a similar type of business with both retail and
warehouse space. Home Valu complies with the code requirements for wall signage,
which is visible from Interstate 694. They were, however granted a variance in 1993 to
have a free-standing sign increased from 80 square feet to 160 square feet.
2. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and district, but which is denied the property in question.
Denying a variance for the excessive size of signage does not eliminate the opportunity
for signage on the property. The petitioner has the opportunity to have 289 square feet
of signage on the west and east wall and 342 square feet of signage on the north wall.
This amount of signage as well as the distinctive architectural design of the building will
help to provide good visibility from Interstate 694. The petitioner may also want to
consider up-lighting the building, which will also help to bring attention to the building,
without requiring larger signage.
3. That the strict application would constitute an unnecessary hardship.
City staff has not been able to identify any statutory defined hardship for this site, in
relation to the size requests. The petitioner's desire to have larger signage than what
the code allows does not constitute a hardship. Strict application of the code would still
allow signage on two walls of the building as well as a free-standing 80 square foot sign.
The site has good visibility from Interstate 694 and the size and design of the building
provides a visual attraction to motorists.
90
4. That the granting of the variance would not be materially detrimental to the
public health, safety or general welfare, or detrimental to the property in the
vicinity or district in which the property is located.
The purpose of the sign code requirements is to allow adequate signage to reduce the
visual pollution and distractions for the motoring public. While increasing the size of the
signage may not necessarily be detrimental to the public or surrounding properties in
this vicinity, once granted, the variance would be precedent setting for all other
industrially zoned properties or properties located within the Interstate 694 corridor.
Increasing the code requirements by what the petitioner is asking, without a compelling
hardship, would essentially be re-writing the standards for wall signage in our code.
The petitioner is also seeking a variance to allow signage on three walls of an industrial
building, instead of the code required two. The sign on the north side of the building
helps to provide visibility from Interstate 694, the sign on the west side provides
directional signage for customer pick-up and semi-traffic and the signage on the east
side highlights the entrance of the building. Providing signage on these three sides of
the building is essential for the petitioner to operate the business.
OTHER CITY REQUIREMENTS
As part of this sign variance review process, City staff contacted some of the
surrounding communities and other communities out-state to see what they allow for
wall signage. Through our research it was determined that our code allow a generous
amount of wall signage, compared to some of the other communities surveyed. For
example, many communities allow a certain percentage of signage for each wall;
however they then cap it at a certain amount of square feet. In other words, they may
allow 20% of the signable area, but they say that they can't exceed 200 square feet.
See the table below for a list of our findings.
Cit Re uirements
Andover Can not exceed 300 s uare feet
Baxter 10% of the area s uare foota e of the wall.
Blaine 10% of the wall size for u to a maximum of 200 s uare feet.
Columbia Hei hts 100 s uare feet.
Coon Rapids One wall sign per arterial or collector street frontage, not to exceed
two signs per building. Each sign shall have a maximum sign area of
32 square feet or 2 percent of the area of the face of the building on
which the sign is to be located, whichever is greater, to be a maximum
of 100 s uare feet.
Corcoran The maximum sign area wall, canopy, or marquee is 15 percent of
buildin fa ade u on which it is located.
Eden Prairie Wall signage — maximum of 80 square feet. Identification signs up to
10 percent of wall to a maximum of 50 square feet. No extra signage
allowed if alon a ma'or corridor.
Fridley Allowed only on two different walls per business. The total sign area
shall not exceed fifteen times the square root of the wall length on
which the si n is to be laced.
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Forest Lake One principle use are allowed 4 square feet for each front foot of the
building, not to exceed 200 square feet, and plus one monument sign
not to exceed 100 s uare feet.
Hugo One wall sign is allowed for each public entrance to a building, not to
exceed a combined 1'/z square feet for each lineal foot of building face
for that side of building on which the sign is to be located, or 10
percent of solid wall space (excluding windows and doors), whichever
is less. All wall signs must run parallel to a street or lot line. A
maximum of 40 ercent of a wall si n ma be a chan eable co si n.
Lino Lakes Limited to 25 percent of the wall area on which the sign is placed, but
only one wall sign is allowed. More could be approved through a
master si n lan as art of a lanned develo ment
Medina Limited to 15 percent of the area of the building wall it occupies, to a
max of 100 s uare feet.
Minnetonka U to 5% of the buildin face, with a maximum of 150 s uare feet.
Mounds View 100 S uare feet er occu ant.
New Bri hton U to 200 s uare feet or 20 ercent of si nable area .
Norwood Young The total area of any wall sign shall not exceed ten percent of the total
America area of said wall.
Ramsey Allowed up to 15 percent of the square footage of the front building
fa ade.
Shakopee 2 square feet for each lineal foot on building for a maximum of 200
feet.
Spring Lake Park On-premise sign shall not exceed 30% of the square footage of the
front of the buildin .
RECOMMENDATIONS
City Staff recommends denia/ of the variances to increase the size of the wall signage
on the north, west and east faces of the building.
➢ Petitioner has no statutory defined hardship.
➢ No comparable variances have ever been granted.
➢ Granting these variances would be precedence setting.
City Staff recommends approval of the variance to a/low signage to be displayed on
three sides of the subject building.
STIPULATIONS
Staff recommends that if the variances are granted, the following stipulations be
attached.
1. The petitioner shall obtain sign permit prior to installation of any additional signage.
2. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
B. The supporting structure of the sign is replaced or remodeled.
C. The face of the sign is replaced or remodeled.
D. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be re�o,yed.
1
E. Notwithstanding subparagraph (A) above, upon the change of the name of
the business being displayed on this sign.
93
1. Variance Request, VAR #04-15, bv Bill Hinks, Furniture Outlets, USA, for
consideration of a variance to increase the amount of allowabie wall siqnaqe
on the north facinq wall of the buildinq from 342 square feet to 734 spuare feet,
and to increase the amount of allowable wall siqnaqe on the west facinq wall of
the buildinq from 289 square feet to 420 square feet, and to increase the
amount of allowable wall siqnaqe on the east facinq wall from 289 to 541
square feet, and to allow siqnaqe of threes walls of an industrial buildinq,
instead of the code reauired two, aenerallv located at 5353 East River Road.
MOTION by Commissioner Jones, seconded by Commissioner Z'inter, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
PUBLIC HEARING OPEN AT 8:15 PM.
Stacy Stromberg stated the petitioner is seeking four variances, three of which will allow an
increase in the amount of allowable wall signage on each wall of the building. The other
variance will allow signage on three walls of an industrial building, compared to the two allowed
by code. All of these variances are being requested for the Ashley Furniture Home Store
building located at 5353 East River Road.
Ms. Stromberg stated the first variance request is to increase the amount of allowable wall
signage on the north facing wall, the interstate side of the building, from 342 square feet to 734
square feet. The second variance is to increase the amount of allowable wall signage on the
west facing wall, which would be the customer pick-up delivery side of the building, from 289
square feet to 420 square feet. The third variance is to increase the amount of allowable wall
signage on the east facing wall, which would be the front store entrance, from 289 square feet
to 541 square feet. The fourth variance is to allow signage on three walls on an industrial
building.
Ms. Stromberg reviewed the hardship statement submitted by the petitioner as follows, "The
success of this facility depends greatly on our customer's ability to not only find our retail facility,
but the ability to find the main customer pick-up facility for the greater metro area. The fact that
we are in a largely industrial area greatly increases our need to inform the public where we are
located without frustrating them because of their inability to find the building. Using the
allowable signage would make the signage extremely difficult to read from Interstate 694 and it
would appear grossly disproportionate to the building."
Ms. Stromberg stated Furniture Outlets USA owns the building and opened Ashley Furniture
Home store with an attached warehouse. The property is zoned M2, Heavy Industrial, as are all
surrounding properties and the site receives access from the East River Road service road.
The original 141,986 square foot building was constructed in 1971. In late 2003, the southwest
corner of the building was demolished in order to meet building code requirements and interior
alterations were made to the building. Also, at the time, a 47,488 addition was added to the
buitding and that addition is used as warehouse space. In order to complete the addition of the
building a special use permit was granted to increase the lot coverage requirement from 40% to
48%.
Ms. Stromberg stated that when the Wicks building was originally constructed in 1971, a sign
permit was issued to allow 1,477 square feet of signage on the north elevation, which is the side
facing Interstate 694, and 396 square feet of signage on the west elevation. According to city
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 2 of 6
records, there were no variances issued for the increase in wall signage. In 1995 there were
additional permits issued to allow two signs on the west wall of the building and one on the north
wall of the building. Keeping in mind that the two previous signs were taken down at that time.
This time the west wall signage consisted of a 95 square foot sign and a 154 square foot sign
for a total of 249 square feet. The sign approved on the north wall was 296 square feet. All of
these signs met the code size requirements for allowable wall signage.
Ms. Stromberg further stated the petitioner initially applied for sign permits for this building in
October of this year. When staff received the applications, it was for signage much larger than
what the code allowed. Staff contacted the sign contractor and outlined what the city code
would require for wall signage and the contractor resubmitted plans that would meet the code
requirements for the west and east walls only. Upon staff's approval of the sign permit, an
inspection was scheduled with the project manager to measure the signs. When staff measured
the signs, it was evident that they were much larger than what the permits were issued for. Staff
went ahead and allowed Ashley to put up a portion of their signs on the west and east sides due
to the fact that their grand opening was planned for the upcoming weekend. That agreement
was made with the understanding that the petitioner would resubmit applications with the correct
dimensions meeting the code requirements or would apply for sign variances, which they have.
Ms. Stromberg stated the city code requires that the total sign area for a wall sign shall not
exceed 15 times the square root of the wall length on which the sign is to be placed. The north
facing wall is 520 feet long, the square foot of which is 22.8, multiplied by 15 means the north
facing wall would be allowed 342 square feet of signage. The petitioner is seeking to increase
that requirement to 734 square feet which is 392 square feet more than allowed by code. The
sign would be 82 feet long and about 7 feet high for a total of 734 square feet of signage.
Ms. Stromberg stated the west facing wall is 371 feet in length which would allow for 289 square
feet of signage which the petitioners are seeking to increase to 420 square feet, 131 square feet
more than allowed by code. On the west wall, the petitioners are proposing to add the Home
Store script under the Ashley Furniture as well as a Customer Pick-up notification sign. The
east facing wall of the building is also 371 feet in length which would allow 289 square feet of
signage. The petitioner is seeking to increase that requirement to 541 square feet which is 252
square feet more than allowed by code. The petitioner is proposing to add Home Store to the
bottom of Ashley Furniture on the east side as well. City code only allows signage on two walls
when located in an industrial district, but the petitioner is seeking to allow signage on three
walls.
Ms. Stromberg further explained that before the Commission can grant a variance, the petitioner
must meet four conditions required by the City Sign Code. The petitioner is failing to meet those
four conditions in relation to the wall signage increase variances therefore the sign variances for
the size increases should not be granted.
Exceptional or extraordinary circumstances applicable to the property or to the
intended use that do not apply generally to other property in the same vicinity and
district.
Ms. Stromberg stated the circumstances surrounding the petitioner's property are neither
exceptional nor extraordinary to allow signs larger than what the code requires. The property
has good visibility from Interstate 694 and is not unique when compared to neighboring
properties or other similarly zoned properties in Fridley. All other wall signage along Interstate
694 meet the sign code requirements including industrial and commercial zoned properties.
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 3 of 6
Also, she explained that the previous owner of this building had signage that met the
requirements of the ordinance and which provided good visibility for that business. The property
located to the east of the subject property is Home Value, which is a similar type of business
with both retail and warehouse space. Home Value complies with code requirements for wall
signage which is visible from Interstate 694. They were, however, granted a variance in 1993 to
allow a free-standing sign increased from 80 square feet to 160 square feet.
2. That the variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and district, but which
is denied the property in question.
Ms. Stromberg stated that denying a variance for the excessive size of signage does not
eliminate the opportunity for signage on the property. The petitioner has the opportunity to have
289 square feet of signage on the west and east wall and 342 square feet of signage on the
north wall. This amount of signage as well as the distinctive architectural design of the building
will help provide good visibility from Interstate 694. The petitioner may also want to consider up-
lighting the building, which will also help to bring attention to the building without requiring larger
signage.
3. That the strict application would constitute an unnecessary hardship.
Ms. Stromberg stated city staff has not been able to identify any statutory defined hardship for
this site, in relation to the size requests. The petitioner's desire to have larger signage than
what the code allows does not constitute a hardship. Strict application of the code would still
allow signage on two walls of the building as well as a free-standing 80 square foot sign. The
site has good visibility from Interstate 694 and the size and design of the building provides a
visual attraction to motorists.
4. That the granting of the variance would not be materially detrimental to the public
health, safety, or general welfare, or detrimental to the property in the vicinity or
district in which the property is located.
Ms. Stromberg explained the purpose of the sign code requirements is to allow adequate
signage to reduce the visual pollution and distractions for the motoring public. While increasing
the size of the signage may not necessarily be detrimental to the public or surrounding
properties in this vicinity, once granted, the variance would be precedent setting for all other
industrially zoned properties or properties located within the Interstate 694 corridor. Increasing
the code requirements by what the petitioner is asking, without a compelling hardship, would
essentially be re-writing the standards for wall signage in our code.
Ms. Stromberg further explained that the petitioner is also seeking a variance to allow signage
on three walls of an industrial building, instead of the code required two. The sign on the north
side of the building helps provide visibility from Interstate 694, the sign on the west side
provides directional signage for customer pick-up and semi-traffic, and the signage on the east
side highlights the entrance of the building. Providing signage on these three sides of the
building is essential for the petitioner to operate the business.
Ms. Stromberg also stated that as a part of the variance review process, staff contacted some of
the surrounding communities and other communities out-state to see what they allow for wall
signage. Through their research it was determined that the Fridley code allows a generous
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 4 of 6
amount of wall signage compared to some of the other communities surveyed. For example,
many communities allow a certain percentage of signage for each wall; however they then cap it
at a certain amount of square feet. In other words, they may allow 20% of the signable area,
but then say that they can't exceed 200 square feet.
Ms. Stromberg stated staff recommends denial of the variances to increase the size of the wall
signage on the north, west and east faces of the building.
➢ Petitioner has no statutory defined hardship.
➢ No comparable variances have ever been granted.
➢ Granting these variances would be precedence setting.
Ms. Stromberg further stated that staff recommends approval of the variance to allow signage to
be displayed on three sides of the building.
Ms. Stromberg stated that if the variances are granted, staff recommends the following
stipulations:
1. The petitioner shall obtain sign permit prior to installation of any additional signage.
2. This variance shall remain in effect unless any of the following occur:
a. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
b. The supporting structure of the sign is replaced or remodeled.
c. The face of the sign is replaced or remodeled.
d. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of the
sign and its structure shall be removed.
e. Notwithstanding subparagraph (a) above, upon the change of the name or the
business being displayed on this sign.
Commissioner Jones asked if the signs on the building preclude having a pylon sign.
Ms. Stromberg responded they would be able to have an 80 square foot pylon sign in addition to
the wall signage.
Mr. Hickok pointed out that the Home Store language is part of an agreement that the petitioner
has with Ashley Furniture so iYs a corporate requirement between the entities.
Commissioner Sielaff asked if the remaining 69 square feet available on the west side is
sufficient room to add Home Store.
Ms. Stromberg stated Home Store would require 145 square feet and they would also like to
add Customer Pick-Up which is 55 square feet.
Commissioner Zinter questioned if there is any potential for confusion or interpretation when a
sign permit is issued which may have lead to the oversized signs on this structure.
Ms. Stromberg responded staff has been working on this project for about a year and when the
petitioners initially come in; they are given a copy of all the pertinent zoning requirements.
When the initial packet came in it appeared their sign contractor had not reviewed the city code
because the signs came in much larger than what the code allows. Ms. Stromberg contacted
the sign contractor to inform him what the code allows and he then resubmitted his plans.
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 5 of 6
Unfortunately, when staff measured the signs they were larger than what the sign permits had
been issued for. She added that she normally does not find any confusion with code
requirements.
Commissioner Jones asked if our codes are vastly different from other city's codes.
Ms. Stromberg explained that Fridley's formula for determining the allowable signage is not
seen in other communities.
Mr. Hickok added there have rarely been complaints from businesses in Fridley that they did not
have adequate wall signage.
Commissioner Voss referred to other city requirements for signage that may sound generous,
but the cap requirement does limit the size. .
Commissioner Sielaff questioned what will happen with the existing sign that is already over the
allowable size.
Mr. Hickok stated they recognized they were over the limit when the sign was first erected and
they understand that based on the outcome of the variance; the sign may need to be changed.
Commissioner Jones commented that the sign contractor's actions have caused undue
hardship on the petitioner.
Mr. Hickok agreed that what the sign contractor did was fraudulent and illegal, but staff has an
excellent working relationship with Ashley Furniture and they want to do things right.
Gordy Wallenstein, President of Furniture Outlets USA Ashley Home Store Division,
commented this is the first time he has encountered the kind of formula Fridley utilizes for
allowable signage. He believed the formula results in signage for larger buildings that is
disproportionate to the building. Currently because there is no foliage on the trees along
Interstate 694, their building is visible, but for nine months of the year it would not be and the
north side is the most crucial for signage. A larger difference between their situation and
surrounding businesses is the heavy industrial area is that they are retail and rely on retail
traffic. They will look into staff's suggestion of up-lighting the north side of the building. On the
east elevation, they will look into reducing the size of the Home Store lettering and on the west
side they will request permission from Ashley to eliminate Home Store, but the Customer Pick-
Up sign is needed to direct customers. He also stated to his knowledge there have been no
objections from neighbors and, in fact, there's been nothing but kudos from everyone around
them for making such a vast improvement in the property. This location has not enjoyed the
same level of success as other Ashley locations and he believes that is due in part to the lack of
signage. Also, the Fridley code does not acknowledge the height of the building, which is 40
feet.
MOTION by Commissioner Sielaff, seconded by Commissioner Voss, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECARED THE
PUBLIC HEARING CLOSED AT 8:53 PM.
Chairperson Kuechle stated he believes the petitioner should be allowed the third sign.
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CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 6 of 6
Commissioner Jones agreed.
Commissioner Zinter stated this petitioner has made a vast improvement to the property and he
would be in favor of allowing the variance to allow signage on three sides of the building.
MOTION by Commissioner Jones, seconded by Commissioner Zinter, to approve VAR #04-15,
Item 4 only, which is to allow signage on three walls of an industrial building.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Commissioner Sielaff stated he is a little bothered that the oversized sign was erected to begin
with. On that basis, he wouldn't vote for it. Also, he doesn't see a hardship in this case.
Commissioner Zinter commented that the Commission has tried to be strict with the zoning
variances. He'd also like to see this go to the Council for more discussion.
Commissioner Jones stated he too would recommend denial for the increased signage as other
businesses along this corridor have complied with the signage requirements.
Chairperson Kuechle stated he would also vote to recommend denial on this portion of the
variance request because he's concerned with the amount the sign will exceed the current
code. One of the issues they have to deal with in this instance is the large number of letters in
Ashley Furniture and Home Store, but thaYs not the Commission's issue.
Commissioner Vos stated he would be open to allowing a larger sign on the north wall, but not
on the west or east wall.
MOTION by Commissioner Voss, seconded by Commissioner Sielaff, to recommend denial of
Items 1, 2 and 3 to increase the amount of allowable wall signage of the north, west and east
walls, for VAR #04-15, by Furniture Outlets USA, generally located at 5353 East River Road.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
..
�
� AGENDA ITEM
a�raF CITY COUNCIL MEETING OF JANUARY 3� 2005
FRIDLEY
INFORMAL STATUS REPORTS
100