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12/13/2004 - 00026617CITY 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 perfect 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 it 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 Planninq 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 Acknowledqinq 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 two 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 between 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 that 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 Budqet 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 actually 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 Council's 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 12t" 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 between grades kindergarten through 12. When the building was originally constructed in 1967, it was designated as an elementary school. 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 wonderfully 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 farade. 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 two 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 there 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 Fridley 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 school 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 inembers have been advocating for this project. Mayor Lund responded that it is the role of staff inembers 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 Islamic 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 traffic 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 traffic 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 traffic 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 significant 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 Billings 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. 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. 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 Recording Secretary ������ Scott J. Lund Mayor