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09/14/2009 - 29271CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 14, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Saefke Councilmember Bolkcom Councilmember Varichak Councilmember Barnette OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director PRESENTATION: Dr. Don Helmstetter, Superintendent, School District 16 Renee Hamdorf, Fire Captain Sudden Cardiac Arrest/Public Access Defibrillation APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 24, 2009 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of August 19, 2009. Councilmember Bolkcom pointed out that the name, "Gordon Blacklund," should be Gordon `Backlund." APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 2 2. Special Use Permit Request, SP #09-09, by Kurt Manufacturing Company, to Allow Limited Outdoor Storage in the Rear Yard of their Property, Generally Located at 5280 Main Street N.E. (Ward 3). William Burns, City Manager, stated the special use permit would allow storage of a container situated on 320 square feet of property. Since the requested storage is well below the allowable storage area for a building the size of Kurt Manufacturing, staff along with the Planning Commission recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2009 Tax Levy Collectible in 2010. William Burns, City Manager, stated at the September 3 meeting the Fridley Housing and Redevelopment Authority approved a resolution providing for their property tax levy which would be collected from Fridley property owners in 2010. The levy rate is .0185 percent of the taxable real estate and personal property value in Fridley. It will generate approximately $498,000 to be used for the HRA's housing rehabilitation and other redevelopment programs. The owner of a home valued to date at $150,000 will be taxed $27.57 ne�t year. The owner of a commercial property valued at $1,000,000 would pay $185 ne�t year. The levy must be certified to the County by September 15, 2009. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-34. 4. Resolution Approving Agreement with Anoka County for a Roadway License for Siverts Lane (Ward 2). William Burns, City Manager, said when the street reconstruction project was done in 2008, we discovered that a one-tenth acre parcel of Siverts Lane was on Anoka County park property. That caused us to drop Siverts Lane from the project until such time as we could acquire the County's property. The County does not want to relinquish the property but is willing to allow us to use the property under a license agreement. While there is a termination clause in the agreement, chances appear remote the County would ever exercise its right to terminate. In the event Council approves the agreement, staff will attempt to reconstruct Siverts Lane this year under the 2008 street construction contract which is still open. Special assessments would be set at the 2008 rate and could be established this fall. Staff recommends Council's approval. Councilmember Bolkcom asked if any of the residents have been contacted. Jim Kosluchar, Public Works Director, said they have been in contact with several of them. They will have some formal contact before the project begins again. ADOPTED RESOLUTION NO. 2009-35. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 3 5. Resolution Requesting No Parking Signs on East River Road from I-694 to Mississippi Street (Ward 3). William Burns, City Manager, stated the resolution asks Anoka County to establish "No Parking" signs on East River Road between I-694 and Mississippi Street. No parking restrictions already exist north of Mississippi Street and south of I-694 on East River Road. These additional no parking restrictions are justified in view of the higher speeds, narrow shoulders, and the existence of ample all street and side street parking in this area. The new parking restrictions will also enhance the ability to make u-turns on East River Road and provide better clearance for bus stops on this section of East River Road. It will also greatly improve the ability for bicyclists to ride on East River Road especially with the advent of the Northstar commuter rail station. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Claims (143083 — 143330). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8. Estimates: Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Project No. ST2009-01 Estimate No. 2 ............................................. $299,278.37 Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair Project No. 384 Estimate No. 3 ............................................. $ 18,665.60 APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 2 and 5 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal Item Nos. 2 and 5. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Sandy Locker, President of the American Legion Auxiliary, stated on October 3 they are having a flag retirement and an appreciation day. All are welcome to attend. OLD BUSINESS: 9. Resolution Certifying Proposed Tax Levy Requirements for 2010 to the County of Anoka (Tabled August 24, 2009). Richard Pribyl, Finance Director, stated on August 24 staff brought before Council a levy resolution that was tabled pending research by staff on levying back unallotted local governmental aid or what is currently called "LGA." Since that meeting, the City Attorney has researched and provided his opinion regarding the City's ability to levy unallotments beyond the annual Charter limitation. Staff has also met with staff from the League of Minnesota Cities to discuss the legal opinion by the City Attorney, and they also agreed with his findings. Staff has reviewed with the Department of Revenue how they would implement the special levies known as the unallotted LGA. Mr. Pribyl said these are actually funds called Local Governmental Aid that have survived tax bills, have actually been certified to cities, and the Governor then actually has the ability to take them away under an unallotment. Mr. Pribyl stated at the August 24 Council meeting they presented a levy resolution indicating a total levy of $10,299,707 which is the Charter limit for an 8.73% increase from 2009. At that time, we felt we had not levied all of the unallotted LGA that was allowed under state levy limits due to exceeding the allowed levy limit. We stated if we levied all of the unallotted LGA, we would have a levy increase of approximately 15 percent. Upon recalculating the 2010 state levy FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 5 limit, we found that we used the net amount of LGA after unallotment instead of the gross amount or what is called the certified amount as provided by the Department of Revenue. Mr. Pribyl stated the total 2010 certified LGA is $1,585,353. The 2010 proposed total unallotment is $825,939. The net LGA after the proposed unallotment, is $759,414. This information was attached to the certification provided by the Department of Revenue on July 31. They stated in that information that the net LGA after unallotment represents a more appropriate planning number for municipal budgets for 2010, which is what drove us to actually use the net amount instead of the gross amount. Due to this change in the state levy limit, actually going to the certified ballot amount, the State levy limit fell below the Charter levy limitation by $179,545 even after invoking all of the allowed unallotments for LGA for 2008 and 2009. The recalculated 2010 state levy limit is $10,120,162, compared to the City of Fridley charter limit of $10,299,707. So you can see we are now constrained by the State levy limit. Mr. Pribyl stated staff's recommendation is to remove from this resolution from the table and adopt the resolution certifying the proposed tax levy requirement for 2010 as: general fund, $9,101,421; Six Cities Watershed Management Organization (an agency fund), $6,200; Springbrook Nature Center, $314,400; and bonded indebtedness (for our bond issues) for $698,141, which would provide a total levy of $10,120,162. Mr. Pribyl stated an approved resolution must be delivered to Anoka County by September 15. William Burns, City Manager, asked what this amounted to in terms of an increase. Mr. Pribyl stated with the change in market values, they estimate this change would be approximately $50 a year for the average homeowner. Dr. Burns asked what the percentage was for the increase. Mr. Pribyl replied that percentage is 6.8% versus 8.73%. Dr. Burns stated it would be essentially over two years. Mr. Pribyl stated it would actually be over two years because in 2009, we were constrained by the state levy limit; and we actually had a.58 percent decrease in 2009 and levy from 2008. In 2009 we actually had a cost of living increase of 2.6; in 2010 of 3.8. Mayor Lund said at the last meeting there was concern expressed that though Mr. Pribyl was talking about an 8.73% increase, if we were able to levy back all the unallotments, it would increase up to around 15.3%. Now we are looking at corrected numbers, and we do not even have an option to go as high as 15%. We are down to 6.8% and that is a hard and fast figure at this point. This is quite a different from a potential of plus 15% to less than 7%. Mr. Pribyl replied, that is correct. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 6 Mayor Lund asked if staff was sure these are the correct numbers. He understands Mr. Pribyl has not only talked to our legal counsel, but the League of Minnesota Cities, as well as the Department of Revenue. It seems to him they appear to be quite slow in giving out information when they know that all cities have to put these numbers together, and they seem to be bringing the numbers to us in a very short timeline. Mr. Pribyl replied this is the first time we have had to actually work with laws dealing with unallotments of certified LGA. This bill is not written that clearly, and the Department of Revenue has to do some interpretations on how the bill is written. With some of the information staff has received since the last meeting, with some of the studies they have done, and with the opinion provided by our City Attorney, when you take a look at the State Statute, the Department of Revenue's implementation is not in strict accordance with the way the statute is actually written. There is some interpretation that is being implemented by the Department of Revenue in regards to the true statute language. So it is a very difficult thing to actually implement based on how that law was written. Mayor Lund asked if staff was certain on the interpretations. Mr. Pribyl said staff used the number they thought they were being guided to by the Department of Revenue. Staff has talked to the Department of Revenue, and they have the form it provides to the City for actually calculating levies and that is where we are at. MOTION by Councilmember Bolkcom to remove this resolution from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Saefke asked if we had made the distinction between the reduction in LGA as opposed to unallotted LGA or what we can actually recover as opposed to what we cannot. Mr. Pribyl stated, yes, by the definition of "unalloted" which is the difference between certified and what we received, is actually the amount we are working with. Councilmember Saefke asked so it is not part of what the overall LGA pool was reduced by prior to the tax law being implemented. We are actually dealing with certified dollar amounts versus what we actually received each year. Dr. Burns stated we have not had reduced LGA since 2006. Mr. Pribyl said for 2010, the City had an increase of LGA when it finally got the numbers. The State wound up unallotting a vast majority of what they actually certified to us. Councilmember Saefke said we have included what we could recover under State statute and that is an unallotment? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 7 Mr. Pribyl replied we have included as a special levy these unallotments within the total amount. Councilmember Saefke said we cannot recover the reduced LGA that preceded it. Mr. Pribyl replied correct. Dr. Burns asked if we recovered more of the reduced LGA. Mr. Pribyl replied we generally did. We recovered as much as we possibly could under state law in those particular years in which there was reduction and if it was allowed within the state laws in those particular years. However, again those were not considered unallotment. Each year, each legislative process, each tax bill and the language is different. To actually try and generalize you need to look at each particular year. Councilmember Saefke said we are including in this levy what we can by state statute and our Charter to recover the unallotments for years 2008 and 2009, correct? Mr. Pribyl replied correct. Councilmember Saefke said we cannot do that for 2010 as of this moment. Mr. Pribyl replied, as of this moment. State law allows us to recertify prior to January 15 only if we lose our December, 2009, LGA. The unallotment projected to occur in 2010, will actually be able to levied back in 2011. Councilmember Saefke stated to Mr. Pribyl he has answered the question that he posed two weeks ago when they were talking about this 15.1 percent and why are we not levying everything back that we could. The question he posed is we are proposing a levy then of 8.73 percent, and he guessed he was confused at that time why we were not levying back the unallotments which would have put us back up to that 15.1 percent, is that correct? Mayor Lund stated as was mentioned earlier, as we know there may very likely be an unallotment just before end of this year like we experienced in 2008. However, in this case, if that should occur, they are going to allow the City to recertify the levy again. He asked if that was a unique situation. Mr. Pribyl replied, yes, that has never happened since he has been working in government and he personally has never heard of it before. Councilmember Bolkcom stated we also have to keep in mind that we are still using up our fund balances, and she thinks it is really important. It is great that it is only going to be that type of percentage, but we are taking money out from our general fund. She is a little concerned that we still do not have a lot of money for rainy days. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 8 Dr. Burns stated this still leaves us with the need to bring in about $1 million from outside the general fund to support the general fund. Councilmember Bolkcom stated our auditors caution us every year that we are getting closer and closer to not being where we need to be. The other big thing is she wants to make sure people understand the special levy has nothing to do with asking the voters for a special levy. This is state statute language related to special levies. Mr. Pribyl replied correct. Special levies is a term within the definition of levy calculation for the state levy limit that allows in particular situations occurrences that actually levy certain dollar amounts, such as bonded indebtedness. In this particular case they are allowing that the unallotments of state aid are actually special allowances above and beyond the state levy limit defined within State statute. It does not have anything to do with a local designation. Pam Reynolds, 1241 Norton Avenue N.E., stated everything she is reading from the League of Minnesota Cities and the Department of Revenue says you can levy back to 2008 in 2009 unallotted amounts. They keep talking about the 2010 unallotment which has not occurred yet. She asked about the 2008 and 2009 unallotments and if they are being levied back. Mr. Pribyl replied they are. Mayor Lund stated we are working on the 2010 levy and budget. The first numbers we were getting we were going to get "X" amount of dollars, and now we find out getting an unallotment is very unlikely so we used the conservative number. Ms. Reynolds stated but the 2010 levy allows for levying back unallotments in 2008 and 2009. Where is that in our levy? Mr. Pribyl stated it does not show on the actual distribution of dollars. It is actually within the calculations where staff actually defines within the working papers what that limit is, and then distributes it into those particular fund types. Ms. Reynolds asked why the levy was less. Mr. Pribyl asked less than what. Ms. Reynolds stated the last time around, if the 2008 and 2009 levies are already in there? Mr. Pribyl stated with the formula that is used, we are reducing the net number, the number we thought we were gong to get, not the certified number that is the higher number which would then, because we used the smaller one, it would have allowed us to levy higher. That is where that higher percentage came from. Once we took the smaller number, reduced that from the starting number, it shrank. Ms. Reynolds asked if he could explain how the Charter allows us to go 3.8 and how it would have given us more than the State levy limit of 3.9? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 9 Mr. Pribyl stated by backing off, by plugging in the 1.5, it actually reduced the number we could levy which then brought the State levy limits less than the Charter levy limits. This is the difficult nature of monitoring both the State levy and the local levy with special levies and worksheets that are monitoring. There are still some nuances just with the implementation of the unallotments that are somewhat inconsistent as compared to State law. Ms. Reynolds asked if the money the City levies for bond indebtedness pays off those bonds. Mr. Pribyl replied, absolutely. We could not levy unless it goes directly to that. The County checks that. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-37. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Consideration of a Revision for Special Use Permit, SP #09-01, by Glenn Nelson, for Samir Awaijane, of 7570 Inc., (Sam's Auto World), for Automobile Repair for a Multi-Tenant Business, Generally Located at 7570 Highway 65 N.E. (Ward 2) (Tabled August 10, 2009). and Resolution Approving Modifications to Special Use Permit, SP #09-01, for Sam's Auto World. MOTION by Councilmember Saefke to remove the item from the table. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Scott Hickok, Community Development Director, stated there is a multi-tenant building on the front, eastern portion of the lot, and there is a building in the back which has served as a body shop, spray booth, etc. Mr. Hickok stated Council approved Special Use Permit #09-01 with 17 stipulations on February 9, 2009, following a November 2008 revocation for a number of things, such as selling automobiles on site and inappropriate use of the site. At the six-month deadline on August 10, 2009, petitioner had not met all 17 stipulations. Council modified the stipulations and gave the petitioner another 30 days. In the rear security area, wooden fence boards were to be removed and replaced by chain link Those have been removed. Rather than just putting up chain link mesh, they chose to build chain link frames, to put inside the wood e�tensions and that is really a preferred design as far as staff is concerned. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 10 Mr. Hickok stated new trees and rock were added south of the front building which is good progress. There is very limited landscape on this site, and one of the things the City asked for through the special use permit was to enhance it and take every little opportunity to landscape. They have done that. They have planted three trees and put some landscape rock on the south side of the building. It changes the image at least on that south side of the building. It also allows for better security. A police officer could now conceivably park in that first stall and look down the line to see if there is anything south of the building or even back into what will be the chain link secured area in the back. Mr. Hickok stated Stipulation Nos. 12, 13, and 18 are not complete. The petitioner has the chain link fence sections ordered. There is a ventilation calculation that is in progress, but they are awaiting the balancing report. Some of this is pretty technical stuff they have gotten in experts to do, and staff is aware of it and kept informed of their progress. A new problem developed late Friday. The spray booth in the rear building was red tagged because there was insufficient service to provide sprinkling in the event of a fire. The interior sprinkling system did not have enough of a line. They are taking a very expensive step to evaluate either rerunning the larger line or going with a different sprinkler system completely. Staff is very pleased with the progress and thinks we will see a very different operation of this site as we move forward. There is a very significant investment on this site to date. Mr. Hickok stated staff recommends approval of the resolution. Councilmember Varichak asked when they were doing the testing, did they start right away after Council's August 10 meeting. She asked how long the testing took. Mr. Hickok replied he received a call from Mr. Nelson about two weeks ago. They had contacted the fire suppression people who are specialists in their industry. He does not know if it took time for them to get there, but he does know that as far back as three weeks ago, they were in the process of working on those things. Mr. Nelson will be the first to admit that he learned a lot through this process. This is the first type of operation like this he has manned, and he has learned a lot about those spray booths. Our Fire Marshall and Building Official have been out there, and they have been pleased with the petitioner viewing this as a real problem and also with his resolve to get it taken care of. The petitioner is in the midst of some very expensive modifications and improvements to that site. Staff is confident they will get it done. Council always has the opportunity to see this again if they feel it is not going fast enough or if staff feels for some reason it should come back before the Council. Councilmember Varichak asked if Council should have given them a longer time to finish. Mr. Hickok stated Council has done a very good job of monitoring this and 30 days was reasonable. Staff is satisfied that a fairly troublesome site is now turned around and they have made significant change. Councilmember Varichak stated she drove by and saw that they have made significant progress. She is pleased to see the work that has been done. She asked what is a reasonable amount of time to get to completion. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 11 Councilmember Bolkcom stated she believed the manager is the one who said this could happen in 30 days. Glenn Nelson, Sam's Auto World, replied correct. He said he lost seven to ten days a couple of days after he last saw them as his father-in-law passed away. That was unforeseeable. He apologized for that delay. The only thing that was not back to them that should have been was the balancing report. This is a detailed report, and they hired Bonestroo Engineering and the balance report was supposed to be to them today. He stands before them confident that all 17 of those items have now been addressed. Mr. Nelson said the sprinkler system in the spray booth is concealed in the walls of the building. They hired an approved firm at the request of the fire inspector. They found they have a three- quarter inch water line in the back of that building and it should be a two-inch. They had the testing done and found that the six sprinkler heads in the body shop are grossly underrated. We had meetings as late as 4:30 this afternoon with two firms and have a third firm coming in tomorrow morning and that will tell them whether or not they are going to e�tend a two-inch line from the front of the property to the back or if they are going to go with a dry system. They will have answer before the end of the week, and Mr. Hickok will be apprised of that. Councilmember Bolkcom asked if the fence still needs to go up. She is fine with approving the resolution, but wants a report within a month about what is going on. She asked what would be a reasonable time to get the rest of the work done. Would a month be reasonable to get a report? Mr. Hickok said depending on what system they decide to go with, it may take a bit longer than that to get it installed and working properly. Staff could report to Council and let them know where they are at. Councilmember Bolkcom said there two things before them, the special use permit with the changes in the stipulations and a resolution approving the modifications. Mr. Hickok stated pursuant to discussions with Attorney Knaak, they would like to do a resolution to seal the special use permit and all the stipulations. Mayor Lund stated the petitioner is making significant progress, staff seems to be satisfied, and there is a good cooperation level now. He is comfortable. He cannot envision Mr. Nelson stopping now when he is at this point. MOTION by Councilmember Varichak to adopt Resolution No. 2009-38. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 12 NEW BUSINESS: 11. Approve Comprehensive Sign Plan for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2). Mr. Hickok stated Chapter 214 of the City Code requires that a building that has three tenants or more has a comprehensive sign plan for those multiple uses in that building. That assures a consistency in the building and at least you know where the tenants' signs are going to go and how they are going to look Sam's Auto World had a sign plan in place, but it did not acknowledge that there were two buildings on this site in their freestanding plan. Stipulation No. 15 in Sam's Auto World's special use permit required a new sign plan for this site that corrected the oversight of that original comprehensive sign plan and included the plan identification sign. Staff recommends approval of the proposed new comprehensive sign plan. Councilmember Bolkcom suggested the plan should be proofed as there are several typographical errors. MOTION by Councilmember Varichak to approve the Comprehensive Sign Plan for Sam's Auto World, generally located at 7570 Highway 65 N.E. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Special Use Permit Request, SP #09-08, by RSP Architects on Behalf of Totino-Grace High School, to Allow the Construction of an Addition to the School Building, Generally Located at 1350 Gardena Avenue N.E. (Ward 2). Scott Hickok, Community Development Director, stated private schools are permitted with a special use in the R-1, Special Family District. Each time a school proposes to modify a school in any way that may impact the neighborhood, the City is required to have a request reviewed by the Planning Commission and the City Council for compatibility. The petitioner is proposing to construct a 16,000 square foot addition to the northeast corner of the existing building. The petitioner also has plans to remodel approximately 20,000 square feet of the existing school space internally as it exists on-site. As stated by the petitioner, this project does not include the addition of new classrooms but rather accommodates enlargement of current space. The current spaces that will be enlarged as a result of the addition are arts, band, choir, wrestling, and fitness rooms as well as modernization of the auditorium. This project will not in any way result in additional students but is intended only to upgrade the facilities. Mr. Hickok stated in 2006 the City Council approved a special use permit to all schools existing in R-1 Single Family zoning districts and a variance to increase the height of a portion of the school building to allow an auditorium renovation. The auditorium renovation was never completed, and the petitioner has instead decided to construct the proposed addition and do some other interior remodeling. Being that private schools are permitted in R-1, Single Family FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 13 Districts, the proposed expansion will allow for the construction of a 15,000 square-foot addition and will essentially relocate and enlarge existing uses that are within the building. Mr. Hickok stated when the special use permit and variance were issued for this property in 2006, staff determined the City Code would require 374 parking stalls based on the interior uses of the building. Since the proposed addition is intended to upgrade facilities, and is not being constructed to allow an increase in faculty or students, staff has determined that 374 is an adequate number they can continue to use. Staff is also comfortable with this assessment because according to the petitioner, the enrollment at the school has been declining from 1,007 students in 2005 to 925 students in 2009. There are currently 460 parking stalls on the site which exceeds our requirement. Mr. Hickok stated the Planning Commission recommend approval of this item with stipulations at their meeting on August 19. Councilmember Saefke stated he wanted to thank both Mr. Hickok and Brother Milton or his representatives for taking care of the concern of a resident on Arthur Street regarding tree removal. The party was invited over to the school to take a look at the plans and the landscaping. Councilmember Varichak asked Mr. Hickok to explain the difference between private schools versus public schools in an R-1 zoning district. Mr. Hickok replied we have both in Fridley and as such they are in what is called a"P" District or Public District. Schools in the public district have a bit more latitude in that it is presumed they are going to be there, that their public use is essential, and they will have certain setback considerations and characteristics about it that need to be considered. In one of the earliest codes in Fridley, it stated the R-1, Residential District, is an okay district for private schools provided there is a special use permit with stipulations if they modify or to mitigate any impacts. For example, on a school such as this, if there were stipulations necessary for directing lights over the football field so that surrounding residential would not be negatively impacted, those would be built into a special use permit. If there was one regarding noise in the football arena or track area, that might be considered part of a special use permit. Councilmember Varichak asked if the City has heard anything from the Rice Creek Watershed District regarding any problems related to the addition. Mr. Hickok said staff has not. He will defer that question to the architect. It was submitted as is always done early on in the project. At this point staff is not expecting any surprises. The size is fairly nominal, 15,000 square feet, and relative to the size of the campus and the building. Steve Maurelli, RSP Architects, stated they did in fact get it last week. Mayor Lund asked how far along they are into their project. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 14 Mr. Hickok said they are not into what requires a permit yet at this point other than land alterations. After Council gives their approval if they choose to do that, they will move onto the actual structural things. They did ask whether they can start excavating, knowing the risk If Council says no to the special use permit, the property would need to be regarded and replanted. There is nothing in the City Code that says they cannot do that. Consideration of the weather at this time of the year is important. Mayor Lund stated it appears somewhat presumptuous that Council will approve it. Mr. Hickok stated the City does not have a private property tree preservation ordinance, and they could have taken that tree down without a project. The risk that they take is Council can say no if they choose to. Mayor Lund stated he was a little surprised that something was going on prior to what he knew was coming before the Council, but understands that they probably want the foundation and the below ground in before the ground freezes. Councilmember Bolkcom stated she has the same concern. Would they let anyone else start excavating their property? She feels put into a corner here. Mr. Hickok replied, in the same situation we would. Councilmember Bolkcom asked if there is such an urgency, why was it not before them earlier. Mr. Hickok replied it is within the timeframe laid out on the calendar based on when the application came in, then to the Planning Commission, and then the City Council. There are notifications and requirements, etc. Councilmember Bolkcom asked if the variance went away. Mr. Hickok replied it will be gone. Councilmember Bolkcom said they just need a special use permit because they are putting on an addition. Mr. Hickok replied correct. Councilmember Bolkcom asked about Stipulation No. 6 and the construction hours. Mr. Hickok replied our City Code spells out construction hours. It does provide for Saturday hours but does not allow Sunday hours. As we oftentimes do, even though it is already embedded in the City Code, we put it in as a stipulation to remind people not to start early and not to stay late. Councilmember Bolkcom asked regarding Stipulation No. 7 related to reasonable construction vehicles and equipment, how are they going to do that? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 15 Mr. Hickok replied, this came up as an early question from a resident about the construction traffic. Staff conveyed that to the architect and their staff, and they said go ahead and stipulate it. That is not to say that something is not going to have to work its way around one or the other sides of the building, but they will let all their subcontractors and general contractors know that Gardena is the primary route to get the equipment there. Even if the supervisor is not right there, they have put up a work area fence which is very typical and helps to direct. If someone shows up with a piece of equipment and sees the fence, they know where the front gate is. Councilmember Bolkcom asked as far as the number of stalls there should not be any problems as far as parking in this area. Mr. Hickok replied, not at all. Thankfully they have an interesting strategy that will allow them to basically build the shell of the building and work on the outside of the building. They have more stalls than needed by the City Code and staff requires. Also, where they are constructing the building, they are not going to disrupt the school. They are going to build the outside shell first and, when summer comes, they will open up into the building and finish when the students are gone. Councilmember Bolkcom asked so they do not anticipate the neighborhood being at all frustrated with parking on the streets and issues related to this project. Mr. Hickok replied he would not think so at all. With the student population being down, they now have roughly about 100 more stalls than they need. The number of the cars on the street are diminishing each year. Councilmember Varichak stated she drives up Gardena every day to go to her house, and she does see some parking on Gardena and quite a few cars by the bike path and where people are walking. Mr. Hickok said if every student drives they would definitely have a problem. What staff has seen as a practice is that when spring comes, kids that might have been carpooling or kids that maybe did not have their license in the earlier part of the year, now have their license and they want to drive. The number increase as the school year goes on. With all the activities, kids are driving themselves. Councilmember Varichak asked Mr. Maurelli about the hours they will be working and which is referenced in Stipulation No. 6. Mr. Maurelli replied the contractor is fine with those stipulations. Councilmember Varichak asked Mr. Maurelli whether he knows that the majority of the work is close by Arthur Street. She would hope that they are accommodating the neighbors about driving on Arthur Street to get the equipment in. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 16 Mr. Maurelli replied regarding the issues of parking, there is an overflow lot down by the football stadium that Totino has opened up. There is plenty of parking on the site. Councilmember Saefke asked how many of students get bused in. Brother Milton Barker, President of Totino-Grace High School, replied very few. There is some busing for students who live in the Fridley Public School District and in the Mounds View Public School District. It is state law that in contiguous cities the public school must transport non-public school students. He would say the total amount is less than 100. So about 820 students and 135 faculty and staff primarily carpool, and they are coming from all over the metro area. Councilmember Saefke asked Brother Milton does he think between the traffic and the busing from Al-Amal School and students' cars, are they going to have any interference with the construction vehicles or equipment or has that kind of been taken care of. Brother Milton said he thinks there has been a real effort by Al-Amal to solve the busing problems that came before Council when they had a special use permit about three years ago. He thinks that has really been cleaned up. The area he thinks Councilmember Varichak is talking about where some students still park on Gardena is further down on Gardena, so it does not interfere with busing at Al-AmaL Many of those students park there because that is ready access to all of the locker rooms. They are primarily athletes who are coming in early, possibly to do weight training; leaving late after practices after 5 p.m.; and that is the most convenient place for them to park If you would drive through the campus on any day you would see that today there are spaces in the general lot and in the overflow lot that are not being used. Councilmember Varichak asked Brother Milton if there is any way he could encourage those students to park in the lot versus on the street. She knows it is hard to enforce. She sees a lot of walkers that need to either go on the grass or outside the cars. That is a safety issue as far as she is concerned and probably to Brother Milton's concern as well. Brother Milton replied those would be walkers on the Totino-Grace side and not the other side of the street. He lives on campus, he is there a lot, and finds a lot of people choose to walk on the other side of the street. Councilmember Varichak stated she does see walkers that walk on the side that the students are parking on. She strongly encourages Brother Milton if he could make an announcement to say that, especially during all this construction time when there might be more visibility issues or what have you, if he could just encourage those students to park in the lots. Brother Milton replied they can certainly encourage that. Mayor Lund stated he knows in the past there have been issues with the neighborhood, and the neighborhood did not want "No Parking" signs put up and did not want to be inconvenienced as well. Hence, the school added another parking lot, but students do not necessarily have to use it because it is a public street where anybody can park. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 17 Brother Milton stated just for clarification, there were two parking lots added, one closest to Arthur and that is used heavily all the time. It is always full. There is another one down at the stadium which is gated, and that is not used as often. There have been many, many fewer complaints from neighbors in the last three years than there were five years ago. They went through considerable expense to put in those other parking lots, and they are supported in that effort by some bonding by the City and they certainly appreciate that. Also, they want to be good neighbors. As he said to the family on Arthur Street, please look at their record. When they put in the parking lots and stadium, they replaced all the trees. They will replace any trees that need to be removed. Preserving that green space on that campus is important to them also. Councilmember Varichak stated all the additions they have done at their campus has made that campus more beautiful. She appreciates Brother Milton's efforts in taking time to make the campus look good. She does not have a problem with this special use permit. MOTION by Councilmember Varichak to Special Use Permit Request, SP #09-08, by RSP Architects on Behalf of Totino-Grace High School, with the following eight stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements for any new construction, alteration, or renovation done on this site. 3. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 4. Petitioner shall meet any requirements identified by the Rice Creek Watershed District. 5. The subject property shall be maintained free of any and all construction debris. 6. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 7. When reasonable, construction vehicles and equipment shall avoid using Arthur Street and Matterhorn Drive. 8. The addition shall be architecturally compatible with the existing building and finished with complementary e�terior building materials and color scheme. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Special Use Permit Request, SP #09-09, by Kurt Manufacturing Company, to Allow Limited Outdoor Storage in the Rear Yard of their Property, Generally Located at 5280 Main Street N.E. (Ward 3). Councilmember Bolkcom asked about the ivy and shrubs. She said she could not tell if that is something the City is going to manage. Is it something that will be brought back to City staff for approval? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 18 Mr. Hickok stated they have talked to them about it and they have no problem with either. The problem with shrubs is they have very limited space. They have a gigantic site and a gigantic building. They have lots of hard surface. What they are talking about is back on the west side against the rail. Councilmember Bolkcom asked why they had it in there. Mr. Hickok said they have been working on that rail corridor and cleaning the backs of industrial buildings. We do not want them to put storage out there thinking it is not being seen. Councilmember Bolkcom asked if they are going to bring the plan back to staff and show it to them. Mr. Hickok replied they are going to follow up on the special use permit once everything is installed. If there is any reason to bring it back for Council's review, they will do so. The petitioner has reviewed the stipulations, and they have no problems with doing the installation of either. It is most likely going to end up being ivy because they do not have a planting area for shrubs without taking out asphalt. Councilmember Bolkcom asked if there was irrigation there. Mr. Hickok replied that is the nice thing about the vines being a really good solution. The vines at the Islamic Center are not irrigated and they are growing nicely. Mayor Lund asked if it should say something about a non-invasive type of ivy or something about a landscape plan that is agreeable to staff. Mr. Hickok replied he agrees with that modification. Councilmember Varichak pointed out in the Planning Commission minutes, on page 5, third paragraph, seventh line, ". .. to comply will all." should be ". .. to comply with all." MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #09-09, by Kurt Manufacturing Company with the following three stipulations: 1. Any other existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. The petitioner shall install ivy or some shrubbery that has been approved by City staff along the rear fence line to further screen the outdoor storage from the rail right-of-way. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Resolution Requesting No Parking Signs on East River Road from I-694 to Mississippi Street (Ward 3). Councilmember Bolkcom asked if any of the residents along this area had been notified. If not, are there some plans for Anoka County to let them know? There are so many signs along East River Road it is hard to visualize another sign. She would recommend that when we send this resolution to the County that they send out some type of letter to the people who live along East River Road because it really impacts them. James Kosluchar, Public Works Director, said they can make a request. He thought the County would work with the City on that. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-36. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. William Burns, City Manager, asked if the Kurt Manufacturing item was one of the issues identified this summer during our comprehensive code enforcement. Mr. Hickok said it was. They are pleased to say the industries have been great about it and the City has had good response. Councilmember Barnette stated on November 14 there will be a ribbon-cutting ceremony at the Northstar rail station site. There will be 1,000 tickets given through a lottery for free rides downtown and back The Northstar rail operation begins on November 16. Dr. Burns asked if all the other stations are completed. Councilmember Barnette replied the other stations are all complete other than a few small items. The Fridley station is the last one to be finished, and part of that is because of the tunnel and the fact that we were not in the mix there for a while. The big talk now, at least by the Northstar Commuter Rail Executive Board, is Phase II, which is moving this up to St. Cloud. He thinks in the ne�t two or three years they will see that in operation as well. Councilmember Bolkcom asked Mr. Kosluchar when is the traffic light going to be put in. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 20 Mr. Kosluchar replied Anoka County opened bids last week on the 61st Way/East River Road signal upgrades, so they will be starting work soon. The long lead item is going to be the signal poles. What they are going to work on the site improvements anticipating the pole installation. He believed the end of year is what they anticipate for construction completion. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:58 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor