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01/03/2005 - 4573OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING JANUARY 3, 2005 �`� � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 ?:30 p.m. — City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. � � qTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 7:30 p.m. - City Council Chambers Attendance Sheet Please nrint name address and item number vou are interested in. � � CITY COUNCIL MEETING OF JANUARY 3, 2005 CfiY OF FRIQLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in' its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. OATH OF OFFICE: MAYOR AND COUNCILMEMBER-AT-LARGE PRESENTATION: Certificate of Appreciation to the Fridley Knights of Columbus APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 13, 2004 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of December 15, 2004 ...................................................... 1- 4 2. Resolution Designating Official Depositories forthe City of Fridley .......................................................................................... 5- 7 3. Resolution Designating an Official Newspaper forthe Year 2005 ............................................................................................... 8- 9 FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2005 Calendar Year..................................................................................................... 10 - 11 5. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ............................................................. 12 - 17 6. Resolution Designating Director and Alternate Director to the Suburban Rate Authority ............................................................ 18 - 19 7. Resolution Authorizing an Application for the 2005 Community Development Block Grant Program....................................................................................................... 20 - 22 8. Approve Second Amendment to Section 8 Housing Assistance Payments Program Contract _ for Administrative Services befinreen the City of Fridley and the Metropolitan Council .................................................................. 23 - 26 9. Approve 2005 Animal Control Contract befinreen the City of Fridley and Brighton Veterinary Hospital....................................................................................................... 27 - 31 FRIDLEY CITY COUNCIL MEETING OF JANUARY 3 2005 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Receive Bids and Award Proposal for a Quint Aerial Fire Truck ......................................... 32 - 33 ........................................................ I11. Approve 2005 City Council and Staff Appointments .......................................... 34 12. Appointment — City Employee ............................................................................ 35 13. Claims ....................................................................................................... 36 14. Licenses .................... 37 - 40 ................................................................................... 15. Estimates .................................................. 41 ..................................................... ADOPTION OF AGENDA. ` OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes OLD BUSINESS: 16. Approve Contract Amendment befinreen the City of Fridley and Short Elliott Hendrickson Inc. for the TH 65 Causeway Project (Tabled December 6, 2004) ........ 42 - 45 ........................................................... FRIDLEY CITY COUNCIL MEETING OF JANUARY 3, 2005 PAGE 4 OLD BUSINESS (CONTINUED): 17. Special Use Permit Request, SP #04-06, by Anwar Abdel-Karim, Islamic Center of Minnesota, to Amend their Existing Special Use Permit to Allow a School Expansion to be Used for Classrooms and a Multiple Purpose Room, Subject to Easement of Record, Generally Located at 1401 Gardena Avenue N.E. (Ward 2) (Tabled December 13, 2004) ....................................................................................................... 46 - 58 NEW BUSINESS: 18. First Reading of an Ordinance Amending Chapter 30, Chapter 603 and Chapter 606 of the Fridley City Code Pertaining to Lawful Gambling....................................................................................................... 59 - 62 19. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Italian American Club Foundation, Inc., at the Fridley American Legion Post 303 Located at 7365 Central Avenue N.E. (1Nard 2) .................................................................. 63 - 64 20. Resolution Approving Design Plans, Landscape Restoration Plan and Ordering Advertisement for Bids: Springbrook Creek Restoration Project No. 358 ....................................................................................................... 65 - 69 21. Variance Request, VAR #04-14, by St. Phillip's Lutheran Church, to Increase the Maximum Square Footage of a Free-Standing Sign from 32 Square Feet to 78 Square Feet, Generally Located at 6180 Highway 65 N.E. (Ward 2) ....................................................... 70 - 82 FRIDLEY CITY COUNCIL MEETING OF JANUARY 3 2005 PAGE 5 NEW BUSINESS (CONTINUED): 22. Variance Request, VAR #04-15, by Bill Hinks, Furniture Outlets, USA, Inc., to Increase the Amount of Allowable Wall Signage on the North Facing Wall of the Building from 342 Square Feet to 734 Square Feet; to Increase the Amount of Allowable Wall Signage on the West Facing Wall of the Building from 289 Square Feet to 420 Square Feet; to Increase the Amount of Allowable Wall Signage on the East Facing Wall from 289 Square Feet to 541 Square Feet, and to Allow Signage on Three Walls of an Industrial Building, Generally Located at 5353 East River Road(Ward 3) ................................................................................................... 83 - 99 23. Informal Status Reports ..................................................................................... 100 ADJOURN. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 13, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe MEMBERS ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Rick Pribyl, Finance Director Jon Haukaas, Public Works Director Julie Jones, Planning Coordinator Rebecca Brazys, Recording Secretary PRESENTATION: Robert Christianson, Fridley Historical Society, stated the Anoka County Historical Society has an annual Christmas tree with an ornament from each of the 21 communities in the county. The symbol for the Fridley Historical Society was a windmill, which represented one hundred years of agriculture. The ornament had to be hand made, so Charles Martin, a Fridley artist, spent over 100 hours making a perFe�t replica of a windmill out of brass. This ornament was presented to the Anoka County Historical Society last week. On behalf of the Fridley Historical Society, he presented a framed photograph of the ornament. Charles Martin stated it is in Fridley's best interest to have an attractive ornament on the Anoka Historical Society Christmas tree where everyone in the state can see i# and become aware of our community. Mayor Lund thanked Mr. Christianson and Mr. Martin. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13� 2004 PAGE 2 CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of December 6, 2004 APPROVED NEW BUSINESS: 1. Receive the Minutes from the Planninct Commission Meetinq of November - 17. 2004. RECEIVED. 2. Approve Extension to Preliminarv Plat Request, PS #03-18, bv Town Center Development, for the Properties Located at 1282 Mississippi Street N.E. and 6490 Central Avenue N.E. (Ward 2). Dr. Burns, City Manager, stated Dave Reiner and Richard Whinnery of Town Center Development are requesting a six-month extension of their preliminary plat. Since Council's approval of the preliminary plat in January of this year, the closing has been held up by litigation filed by another party who claims a financial interest in the properties. The matter will be heard in Anoka County District Court on December 22 and the judge has 90 days to render a decision. Staff recommends Council's approval of the extension. APPROVED. 3. Approve 2005 Tri-Citv Consultinq Services Aqreement Between the Citv of Fridlev and GIS Ranqers, LLC. Dr. Burns, City Manager, stated this is a renewal of a contract between the cities of Andover, Columbia Heights and Fridley with GIS Rangers LLC. Fridley's share of the contract cost is $28,183 for 80 hours of technical assistance per month, which is the same amount paid in 2004. This contract enables the City to receive invaluable - assistance with geographic information system mapping in many areas of City operations. In view of the high quality of service received through this agreement in . past years, staff recommends Council's approval. APPROVED. 4. Resolution No 2004-74 of the Citv of Fridlev Acknowledqinct Receipt of the Time Warner Inc Formal Franchise Proposal for the Provision of Cable Television with the Citv of Fridlev. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13 2004 PAGE 3 Dr. Burns, City Manager, stated the formal franchise renewal process was initiated by Time Warner some time ago. The City received the formal proposal on November 30. Council received an executive summary of the proposal in their packets. The resolution before the Council tonight complies with the Federal Cable Franchise Act requirement that the City must provide prompt public notice that it has received a renewal proposal from the operator. Having received the Time Warner formal proposal, the City has until the end of March to either renew the franchise with Time Warner or issue a preliminary assessment that the franchise should not be renewed. If the City determines not to renew, another administrative process must be started that will consider, among other things, whether Time Warner's proposal is reasonable to meet the future cable-related community needs. Within the next finro weeks, staff will be reviewing the Time-Warner formal proposal and will bring a recommendation to the Council regarding the acceptability of that proposal. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-74. 5. Claims: 119540 —119670 APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates. APPROVED THE FOLLOWING ESTIMATE: Natgun Corporation P.O. Box 847140 Boston, MA 02284-7140 Marian Hills Tank Replacement Project No. 356 Estimate No. 3 $214,272.50 Pete Eisenzimmer, 6535 Oakley Drive, asked for more information regarding the Time Warner franchise. Dr. Burns explained that this relates to the renewal of their cable franchise. This is a source of revenue for the City. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PRESENTATION — MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU. Mr. Bob Musil, Executive Director of Minneapolis Metro North Convention and Visitors Bureau, presented an overview of their 2005 budget. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes Pete Eisenzimmer, 6535 Oakley Drive, stated he is not happy with the budget and levy proposed by the City, and was particularly unhappy with the property tax increase. Councilmember Billings explained that the total amount of real estate taxes that the City will receive has gone up less than the cost of living since 1990. The way the property taxes are calculated varies befinreen commercial, rental, and residential property. In addition, for years, the State was subsidizing property taxes by paying a portion of those taxes. The sales tax was created by the State for the specific purpose of reducing property taxes, but the state is now keeping the sales tax revenue. Mayor Lund added that the 2005 budget expenditures reflect an increase of only 1.3% over 2004. Mr. Eisenzimmer commented that the 3% pay increase for City employees could have been cut to 1.5% as a cost savings measure. Mayor Lund explained that was considered, but based on the raise for police officers that was determined by arbitration and comparisons to nearby communities, the 3% raise was approved. Councilmember Wolfe added tha# because the Charter amendment failed, the City was forced to raise taxes just to keep up. Jim Hamilton, 5990 Oakwood Manor, expressed his concern over the traffic problems created by the turning island in front of the Holiday Service Station on Old Central. He suggested the City get together with the County and State and get this problem fixed. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 5 Mayor Lund and Councilmember Wolfe explained that Old Central is considered a county road and the City has discussed this issue with the County many times. Ray McAfee, 1360 Hillcrest Drive, stated he agrees with the concerns expressed by Mr. Hamilton about this intersection. NEW BUSINESS: 8. Resolution No. 2004-75 Certifvinq Final Tax Levv Requirements for 2005 to the Countv of Anoka. Mr. Pribyl, Finance Director, stated this resolution is in keeping with the State's Truth in Taxation process. The public hearing was held December 6. The proposed levy resolution complies with both State law and the City Charter requirement. The City passed the proposed levy in August in the amount of $8,067,949. This resolution is considered the final levy and was used to develop the 2005 budget. Staff recommends Council's approval. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve Resolution No. 2004-75. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution No. 2004-76 Adoptinq the Final Budaet for the Fiscal Year 2005. Mr. Pribyl stated at the December 6 City Council meeting, the City Manager delivered the 2005 budget message during the public hearing. This resolution actualfy adopts the 2005 budget and will complete the Truth in Taxation process required by the State. The certification of this final budget must be before the County Auditor by December 28. The City has complied with the appropriate sections of the City Charter. Copies of the budget are available at City Hall, the Anoka County Library or on the City's website. With no open issues to resolve as a result of the public hearing, staff recommends CounciPs approval. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve Resolution 2004-76. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Special Use Permit Request, SP #04-06 bv Anwar Abdel-Karim, Islamic Center of Minnesota, to Amend their Existinq Special Use Permit, to Allow a School Expansion to be Used for Classrooms and a Multiple Purpose Room, Subiect to Easement of Record, Generallv Located at 1401 Gardena Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 6 Mayor Lund announced this is not a public hearing but Council will take comments on new information only. The public hearing on this matter was held by the Planning Commission and Council has reviewed the minutes of that meeting. Also, no decision will be made on this matter this evening because Councilmember Bolkcom could not attend the meeting. The final decision will be made at the City Council's meeting on January 3. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to enter into the record the following: December 6, 2004, letter from Don and Patricia Lewis; December 12, 2004, letter from Fredrick Kile; December 10, 2004, e-mail from David and Sharron Landes; and November 26, 2004, letter from Eldora Iverson. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jones, Planning Coordinator, stated the petitioner is seeking a special use permit to allow an expansion of the existing private school located at 1401 Gardena Avenue. This private school and religious center exist as the result of previously granted special use permits. The property is rather an odd shape due to the fact that the original school was designed as a walk-in public school. The petitioner owns the property at 1345 and 1413 Gardena with the 1413 Gardena property being used to house a day care center. Ms. Jones explained that the property is zoned R-1 as are the single family properties surrounding the school. The property to the south is Totino-Grace High School. The subject property was developed in 1967 when Gardena Elementary School was constructed. Gardena closed in the fall of 1978 due to the projected decline in enrollment. The school was then sold to Faith Academy, and the City has since considered several special use permit applications for the property. The Islamic Center purchased the property in 1988. The AI-Amal School opened in September 1994 and leases from the Islamic Center. The AI-Amal School provides education for children in kindergarten through 12th grade and was founded by parents and community members who wanted an alternative to public school. The AI-Amal School serves children and their families from the Twin Cities and the surrounding suburbs and is the only Islamic school in Minnesota. The AI-Amal school's classes are in session Monday through Friday with extra-curricular activities in the evening. In addition, Sunday school and a time of prayer are conducted for adults. No regularly scheduled religious services are being held at this property. Ms. Jones stated the Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school with a two-phase addition. The first phase of the addition will extend to the northwest of the property and will include 14 classrooms, a lounge, meeting room and rest rooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase would continue beyond the first phase to the northwest of the existing building and will include a multi- purpose gym/gathering space, locker rooms, a library, a book store, a new main entry and various administrative offices. This space would contain 24,614 square feet and is FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 7 tentatively planned to be constructed within five to ten years of completion of the first phase. Ms. Jones reviewed the site plan to show how the addition will relate to the existing single level school structure design and the surrounding residential neighborhood. The multi-purpose area roof line is stepped back behind a single story facade to diminish its mass as well. Ms. Jones explained staff is considering Oakwood Manor as the front yard for this � property because that is the narrowest street width and it provides the greatest amount of setback to surrounding residential properties. There will be a new entrance to the - school in the Phase I area. There have been some concerns raised about traffic flow to the site, so this plan includes a new off-street area for school traffic to drop off and pick up students. There is also parking planned for the eastern part of the property which will not be constructed until Phase II is built. AI-Amal has stated that Phase I is essential for the school to retain its student base. According to the Islamic Center, Phase II is not on the horizon to be built any time soon, but was added to the site plan to show the master plan for this location. This allows the City to be assured that the site can accommodate the parking and storm water management requirements at full build- out. The multi-purpose room proposed in Phase II will not be a mosque. The Islamic Center's mosque currently exists in Columbia Heights and they have no plans to relocate it even if Phase II is constructed. It should also be noted that the minaret tower on the plan is an error and should have been removed from the plans. Ms. Jones stated the AI-Amal School currently serves approximately 300 children befinreen grades kindergarten through 12. When the building was originally constructed in 1967, it was designated as an elementary schoot. As a result, there is limited space available to service middle school and high school children's needs. When the building was originally constructed, science and computer labs were not common but these types of services are essential for a private school to attract students today. Currently, the gym is being used as a classroom for high school students. The prayer room and library are also being converted daily into classrooms. Because of the lack of space, most of the middle and high school grades have had to be combined. The Islamic. Center has told staff that the existing building would work wonderFulfy if they were serving elementary students, but the additional space is needed to attract and keep the middle and high school students. The main reason for the addition is that they have outgrown their existing facility and they want to provide additional high school educational opportunities. Constructing this addition will reduce crowding and provide the extra space needed for extra classrooms. The Islamic Center hopes this will result in bringing back some of their lost student population. Ms. Jones stated the school will physically be larger; however the student body population and the student to teacher ratio will stay very close to what they currently have. Even with the proposed addition, they believe 500 students would be their dream, but 400 total is more realistic. The AI-Amal website indicates that they hope to go to 1,000 students, but that statement has been clarified by the school that if their population should reach that number, they would need to relocate to a larger facility somewhere else. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 8 Mr. Hickok, Community Development Director, said the City Code requires a minimum of 212 parking stalls with the existing building, Phase I and Phase II. To meet those requirements, the petitioner will have to construct the code-required stalls for the existing facility and Phase I which is 102. The remaining 110 stalls can be proof of parking until Phase II is constructed. Petitioner has asked that 30 of the 102 required stalls be added to the proof of parking because they feel it better matches the parking they would need. The AI-Amal students are not allowed to drive to the school, which creates less need for parking. The Islamic Center also has a cross-parking agreement with Totino-Grace. This agreement allows AI-Amal to use the Totino Grace parking lot on a space-available basis when Totino-Grace is not holding normal classroom activities. The Islamic Center has indicated to staff that they have a very close working relationship with Totino-Grace and they coordinate their schedules so both schools do not have big events at the same time. Mr. Hickok explained the City Code requires that the maximum lot coverage in a R-1 district be 25% and that there be a 40-foot rear yard setback. The proposed project with the existing and proposed additions has 13% lot coverage and a 40-foot rear yard setback. The City Code also requires that the lighting be shielded and downcast so as not to extend over the property line. The proposed expansion of the school was designed in a manner that allows the scale to relate to the lower rise residential structures that surround the campus. Phase I is designed to be a single story with some architectural embellishments that will relate to Phase II once it is completed. Phase II has a larger peaked roof over the multi-purpose room and the mass of that roof has been diminished by stepping it back beyond the single story fa�ade. This helps to create an eye line that is more in line with the houses across from the building. This is a positive influence in pulling down the scale of the taller portion of the building so it can relate to the low-rise residential structures around it. The exterior material of the additions will be primarily stucco. Mr. Hickok stated Fridley City Code does have a wetland overlay district but it does not restrict how close buildings can be located to a wetland. Staff contacted the Department of Natural Resources to get advice on what a proper building setback would be from the wetland located on the Islamic Center site. The DNR informed staff that this is not a protected wetland area and as a result, the DNR does not have restrictions on how close you can build. The closest portion of the proposed building in Phase II will be 48 feet from the delineated edge of the wetland. All other portions of Phase I and Phase II are back further than 48 feet. The petitioner hired a consultant to delineate the existing wetland. The wetland has been delineated and the wetland boundary has been � identified. Currently, the petitioner's consultant is working with the Rice Creek Watershed District to evaluate any additional restrictions that might be on the site in relation to the wetland. Mr. Hickok stated the Fridley City Code requires that no land shall be altered in a way that would result in water run-off that would cause flooding, erosion or deposits of minerals on adjacent properties. The petitioner is proposing to locate a storm pond to collect a majority of the run-off on the lot at 1345 Gardena Avenue. Fridley engineering FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 9 staff will review the project to ensure that engineering calculations protect the integrity of the State's run-off requirement and to ensure neighboring property owners are not affected by this addition. The petitioner has indicated they would like to preserve the two homes as long as possible and hope to create the ponding in a way that does not necessarily mean that a home is removed on the first phase of the project. City staff reviewed the City's Comprehensive Plan's Transportation Chapter to evaluate the traffic capacity for Gardena Avenue. It indicates that Gardena Avenue's daily traffic capacity is between 8,000 to 9,000 vehicles per day to be considered to function at a Level of Service (LOS) D. The 2001 traffic count on Gardena Avenue, east of Matterhorn Drive, was 4,150 AADT (vehicles a day), which is approximately 50% of the capacity it could handle in a given day. He said that currently, students are dropped off in front of the school through the use of street/curb expansion. The proposed addition will allow the buses and parents to drop the children off in front of Phase I, within the new parking lot expansion, reducing congestion on Gardena Av. Mr. Hickok further explained that AI-Amal School currently has 344 students, Woodcrest Baptist Academy has 235 students and Totino Grace has 1,100 students. AI-Amal's campus is just shy of 14 acres. The current building for the AI-Amal School is 36,537 square feet. With both Phase I and Phase II built, the AI-Amal school will occupy only 13% of their entire school property. The Woodcrest Baptist grounds are approximately 4 acres. Their total building area is 35,433 square feet for a lot coverage of 20%. Totino Grace High School has 30 acres and just over 250,000 square feet of building space for a total lot coverage of 19%. Another comparison would be to balance the student population to the square foot dimension of the respective facility. This number is derived by dividing the number of square feet of facility by the number of students who attend. Totino Grace has 227 square feet per student, Woodcrest has 150 square feet per student and AI-Amal has 106 square feet per student. With the Phase I addition, AI Amal will have 153 square feet per student, and with the Phase I and Phase II addition, they will have 227 square feet per student. Mr. Hickok described a"pyramid of applications." At the top of the pyramid are permitted uses. The City has the least amount of discretion to say no or in any way affect permitted uses that meet all of the City's guidelines. Next in the pyramid is a conditional use permit which has a slightly broader discretion. Permit uses that have a non- conforming aspect which would require a variance are next. Below that would be unpermitted uses consistent with the comprehensive plan which would require a building permit, zoning amendment, and sometimes a conditional use permit. The final level would be unpermitted uses inconsistent with the Comprehensive Plan that would require a building permit, rezoning, sometimes a conditional use permit and ultimately a Comprehensive Plan amendment. The importance of this pyramid is that it points out the amount of discretion the City has. He said Council acts like a judge and the citizens are the advocates. The City must defend its decision based on the record made at the City Council meeting and Planning Commission meeting. Even when a building permit and conditional use permit are required, the City Council's blessing may not be required. If the law gives criteria for a permit or conditional use permit, and the application meets it, often the City must issue the permit. Sometimes ambiguous City FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 10 ordinances are construed in favor of the property owner, usually the applicant. Neighbors and neighborhoods cannot be given veto power over applications. Advance approval is not required and neighborhood opposition cannot be the sole basis for denying an application. The facts and evidence neighbors provide can support approval or denial of an application. Mr. Hickok stated there were five categories discussed at the public hearing held by the Planning Commission. One was the parking. In the parking analysis, staff determined the number of stalls required vastly increases the required parking on the site--over 70 initially and ultimately 212 stalls by the completion of Phase II. One concern expressed was about the close proximity of the parking lot to surrounding properties because Oakwood was used as the front lot line. He explained that parking in the side or rear yard can be as close as 5 feet. The front yard designation is only a factor in building setbacks. Using Gardena Avenue as the front yard, the standard setback would be 25 feet along Gardena Avenue and the rear yard setback would be 40 feet. This would mean that the school could actually start their addition on the lot labeled 1401 between two existing houses as long as they met the 40 foot setback. Staff did not believe the neighbors would like that scenario. Another option was to use Hillcrest as the front lot designation and the rear yard would then be Gardena and the school could build as close as 25 feet to the vacant lot on Hillcrest and as close as 10 feet to the building on the Gardena Circle side and the other side. With Oakwood Manor as the front setback, there is a greater setback from the homes on Gardena Circle. It was never the school's intention to go any closer than the 20 feet they are from 1314 on the north side of the property. Using Oakwood Manor as the front yard for setback requirements gives the surrounding neighbors a better setback. Councilmember Billings asked if staff has the discretion of choosing where the front, side, or rear yard will be. Mr. Hickok stated there is a definition in the City Code that if the lot is on a corner and fronts on more than finro streets, the narrowest lot dimension would be considered the front yard. The narrowest dimension on the Islamic Center property is the 60-foot wide lot on Oakwood Manor. This is not the classic corner situation. It does front on two streets and runs longer east—west than it does north—south. The developer did not object to having that interpretation and staff wanted to have the building put back the furthest from all adjacent dwellings. Councilmember Wolfe asked if Oakwood Manor extends to Gardena. Mr. Hickok explained the City likely has the remainder of Oakwood Manor as easement rather than right-of-way. Though the street goes through, it is by virtue of easements as opposed to right-of-way in that segment and easements do not show up on the County's maps. Mr. Hickok stated that another concern expressed at the public hearing was the phasing of the special use permit. Special use permits are granted with the requirement that the project be started within one year. This project has two phases. Phase I must FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 11 commence within the first year, but they do not need to complete Phase I or commence with Phase II within the first year. Staff suggested, and the petitioner and their architects agreed, that the best way to proceed would be to show all phases of the project up front to eliminate surprises later. This would also allow for a master plan decision-making process as opposed to an incremental decision-making process. This is consistent with what has happened in Fridley historically; specifically, the expansion plan of the United Methodist Church on Mississippi Street that was submitted in 1966. Mr. Hickok explained another issue at the public hearing was the safety of the proposed pond. The pond needs to be approved for capacity and must meet all the engineering requirements. State laws require that the run-off from a site be treated before it leaves the site. This project is required to have a pond. It is not designed to dump into the wetland and it is not meant to be something that is dangerous to children. This will be analyzed as they get to the final design stages. Mr. Hickok said another concern was the traffic. Traffic numbers were taken from the 2001 traffic count, the last official traffic count on Gardena. Some residents questioned whether new development, such as Medtronic, could have caused an increase in traffic along Gardena. Mr. Hickok explained there has been a great increase along Highway 65 and Old Central, but along Gardena there are about the same traffic patterns. Staff pulled did pull up the accident data for this area for the past two years. The street in front of AI-Amal has not been the scene of any accidents in that period. Ms. Jones stated the Planning Commission unanimously recommended approval of this petition at their November 17 meeting with 11 stipulations as recommended by staff. Staff recommends concurrence with their recommendation with the following stipulations: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines, when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 12 11. When Phase II is constructed, existing parking now shown as proof of parking shall be installed. Councilmember Billings asked if there were other examples where Council has approved projects that took place in phases. Mr. Hickok stated Medtronic is a master plan development with two more phases yet to begin. The Rottlund project across from City Hall happened in three phases. Phasing is not an unusual concept. Councilmember Billings stated one of the stipulations is that the maximum height is not to exceed 45 feet. He asked if there are other buildings in an R-1 district that are that high that have not gone through a variance process. Mr. Hickok stated a special use permit includes a provision that allows other uses in R-1 districts that may require special provisions; including churches, schools, and hospitals. Grace Evangelical Church has a height of 36 feet on its new addition. Councilmember Billings asked if United Methodist, Grace and Unity Hospital have variances for their height. Mr. Hickok stated they do not. The height was a part of the special use permit approval. Historically a special use is viewed as something that may need additional consideration or mitigation for features like height. Councilmember Wolfe asked when staff is reviewing the potential traffic impact, did they take into consideration all development in the area. Mr. Haukaas, Public Works Director, stated there was no traffic study done for this project, simply a traffic count, which is only a reflection of how many cars actually drove on the road during the time of the count. Councilmember Wolfe explained part of the concern he and neighbors have is the increase in traffic on surrounding roads create back-ups on Gardena. Mr. Hickok stated petitioner is anticipating no increase in the vehicle activity for their school as a result of this expansion. Even if the school population reaches the peak of 400 to 500 students, they do not expect an impact on the traffic beyond the peak hours that would take the intersections to a point that they could not accept it. Gardena and its intersections were designed for at least double the traffic. Councilmember Barnette commented there is a great deal of difference between a retention pond and a detention pond. It is his understanding that the proposed pond for this site will be a detention pond, similar to the pond at the Fridley Community Center, and will very seldom have water sitting in it. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 13 Mr. Haukaas stated that is essentially correct. The soils in the area will most likely make this a dry pond that will hold the water during large events and meter it out and the rest will infiltrate into the ground. Mayor Lund asked if this involves any zoning change, such as from R-1 to CR-1. Mr. Hickok responded it does not. Mayor Lund asked if Council has the authority to add stipulations to those already recommended by staff, such as a fence around the pond or a privacy fence along the property line. Mr. Hickok stated the City can impose any reasonable restrictions related to public health and safety in the case of a special use permit. Those restrictions, however, need to be based on the record and information presented at the public hearing or information that the Mayor or council members may have. If there is something off the record, it would have to be stated. Mayor Lund asked if there has been any discussion about Phase II being located to the east of the existing facility rather than to the west and tucking the 45 foot building into the existing hillside to minimize the height. Placing Phase II in the area to the east would result in it being much further away from surrounding properties. Mr. Hickok stated that a couple of years ago the Islamic Center had looked into adding temporary classrooms on the northeast corner but the amount of grading was enormous and would change the contour of the land. For that reason and the fact that they have the shared arrangement with Totino-Grace for outdoor activities, they want to retain the open area to the east. Also, this would mean the area to the west would have to become a very large parking lot which would diminish the playground area. He stated the petitioner has evaluated all options and the current proposal is the best scenario and the most sensitive to the surrounding neighborhood. Mayor Lund asked about the proposed parking. Mr. Hickok stated the location of the parking is one of the byproducts of having an odd shaped parcel and having a wetland that carves out the middle of the property. Councilmember Wolfe stated he is concerned about approving both phases now. He asked if Council can make changes to the plan when petitioner decides to proceed with Phase II. Mr. Hickok stated that is the purpose of planning ahead of time; so they know what they are planning for and can start budgeting and set a course for the final project. He thought that unless the Council has an issue with the project now, it would be unfair to come back in five years and try to make changes. Council can recall a special use permit, however, at any point and look at it to make sure the impacts are being FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 14 mitigated the way the stipulations required. Also, if Council discovers something in Phase I that they want to correct before Phase II, Council could call it back and add an additional stipulation or mitigation that may not have been caught on the site plan. Councilmember Wolfe stated in five years there could be five new Council members who do not like the plan at all. Mr. Hickok stated for the benefit of the people who are doing the budgeting and planning for the school, it is only fair to set a course so they can move on with planning. Councilmember Wolfe stated he has a problem with "rubber stamping" Phase II and asked how the project can be stopped if it is something the Council decides in three or four years that it does not want. Mr. Hickok discouraged the Council from that kind of strategy. He recommended instead that Council give serious thought about what it is that causes them concern and add stipulations to mitigate those concerns. Councilmember Barnette asked if, at some point, the Islamic Center decides to move their mosque to this site that would constitute a significant change. Mr. Hickok said it would and petitioner would have to apply for another special use permit. Mayor Lund said his problems with the proposal are the height of Phase II, the parking exception and the need for a privacy fence. Anwar Abdul-Karim, Vice President of the Islamic Center, stated this expansion will help resolve overcrowding problems, provide additional educational opportunities and improve the quality of education for their students. He said AI-Amal created a new drop-off area for buses and students and they set their school start and end times later than Totino-Grace to lessen the traffic congestion. AI-Amal is willing to work with their neighbors and the proposal before Council includes changes that were made to address some of the neighbors' concerns. He stated they have no intention of moving their mosque from Columbia Heights to this site. Councilmember Barnette asked if the Islamic Center will allow Totino-Grace to_ utilize the additional parking planned for this site. Mr. Abdul-Karim responded that they would have no objections to working with Totino- Grace on the parking. Dean Dovolis, project architect, reviewed an aerial view of the project site. In response to the suggestion that the expansion be built to the east of the current school, he explained there is a 20 foot rise in that area while the west side of the property is flat. They did consider the east side of the property but determined that the impact would be FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 15 considerably greater; including the loss of many trees and the loss of athletic fields. The thought was to keep the building concentrated on the west side and if Phase II was built, the parking lot would be built in the low area to the east of the school and would not have the same visual impact. The logic was to wrap the buildings around the wetlands and nestle the parking into the east side. This layout allows for the bus drop to come back off Gardena. That would not be possible if they developed the east side of the property due to the grading issues. In terms of all analyses this location proved to be less detrimental to the surrounding neighborhoods in terms of all factors; ecology, traffic, visibility, access, height and green space. Also, this layout made it possible to not have a second access into the property which was a key concern for the surrounding residents. He said they had no problem with putting in a fence. He has worked with natural barriers and a well maintained green barrier holds up much better over time. A fence has a more immediate impact, but deteriorates over time. Another possibility is a low fence along with a green barrier. Mr. Dovolis said in response to concerns over the height of Phase II, he recently completed a project in Minneapolis with a multi-purpose room similar to what is proposed for Phase II. That community overwhelmingly preferred the gabled hipped roof even though the peak was higher in the sky, but the fact that it slanted up the sides was much more acceptable to the residents in terms of scale. He explained they could lower the height of the Phase II building, but the corners would have to come higher to make the multi-purpose space work. With respect to access to this property, they were able to remove the connection to Hillcrest and keep that green area intact to appease the neighbors' concerns. Phase I will include a controlled drop-off site to get the traffic off Gardena. People parking in the east lot, will be able to connect through the school and get to the addition. With this plan, they are able to retain nearly 100% of the existing trees on the site. Mayor Lund said that his suggestion was to build Phase II into the hill east of the school, not grade the hill down. Mr. Dovolis explained that t�iere would be a significant loss of trees and green space. The area to the east of the school is unbuildable unless you level it out, top off the hill and fill it in. Naeem Qureshi, civil engineer hired by the petitioner, explained that soil borings on the east side of the property revealed very poor soil for 19 to 20 feet, which would make it necessary to sub-cut the area about 20 feet to construct a building in that area. Mayor Lund questioned the maximum height allowed in an R-1 district. Mr. Hickok explained that for a typical R-1 use, the maximum height would be 30 feet. But there are a number of examples in Fridley that by special use permits are larger and no variance was required. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 16 Jim Hamilton, 5990 Oakwood Manor, commented that the City of Minneapolis is closing 17 schools--11 next year and 6 in two years. He suggested that the Islamic Center may want to look into purchasing one of those schools rather than expanding the AI-Amal school. Councilmember Wolfe pointed out that Pike Lake Elementary School on Silver Lake Road is closing. Mr. Dovolis explained that many families have moved to Fridley to be near the AI-Amal School and want the school in their neighborhood. Abdisalam Adam, 5708 Jefferson Street, stated he would not want AI-Amal to relocate. The student population is diverse from all over the Islamic world; many of them are multi-lingual and many are multi-cultural. This type of school is a model school. The families intend to remain a part of the community and hope to be viewed as positive neighbors. Todd Belland, 1322 Hillcrest Drive, questioned if the hill to the east would have to be dug out to install the new parking lot. Mr. Dovolis responded that a portion of the parking lot will be at grade and then it will be tiered up to the next level. Kimal Balioglu, 6160 Rice Creek Drive, stated he moved from Germany to this area. Right now there are 197 families, 140 of which drive to their children to the school. If the population grows to 400, there would be about 20 more families driving. Also, more and more of the students' families are moving to Fridley, so he anticipates the number of families will actually decrease in the next five years. Mr. Abdul-Karim pointed out that to date, 45 AI-Amal families have moved to Fridley which helped increase the value of homes in the city. Paula Thorson, 1314 Hillcrest Drive, commented that she is not opposed to the school or growth but said it was not just a school. It is the Islamic Center for the state with programs and activities that are more consistent with a school, community center and church all combined. She claimed that AI-Amal is a 7-day a week, 24-hour a day facility and the traffic and noise will definitely have an impact on the neighborhood. She stated the neighbors felt that their concerns were not taken into consideration at the Planning Commission meeting. She questioned what additional services will be offered once Phase I and Phase II have been completed and questioned the expected growth in the number of people coming to the school. The other schools in Fridtey are not surrounded by privately owned homes. The people on the west side of this property will have their lives changed by the expansion. She expressed concern about the safety risks to children with a holding pond in the area. She did not feel it is fair for Mr. Hickok to compare this site with a CR-1 zoning district. The multi-purpose structure is actually going to be 49 feet high, much more than the 30 foot minimum in an R-1 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 17 district. She asked why an exception was being made for the height restriction. She did not want a sidewalk put in between 1310 and 1314 Hillcrest because people would park on Hillcrest and walk up to the school. This is an oversized build and questioned if it is an appropriate fit and whether it is in violation of the City Code. It would mean a major change to the residential character of the neighborhood. The codes are there to protect the neighborhood's quality of life. She questioned the requested reduction in the required parking pointing out that there are two schools right across from each other which makes adequate parking essential when there are events going on at both schools. She asked if Phase I and Phase II should both be approved now. Council should do what is best for the City by listening to both sides and making a fair decision that will last into the future and that everyone can live with. Councilmember Barnette questioned Ms. Thorson's claim that the AI-Amal school is used 7 days a week until late at night. Councilmember Billings stated that Ms. Thorson actually stated the building is used 7 days a week, 24 hours a day. Ms. Thorson stated the gym doors of the building have been open past midnight with traffic coming and going. She listed services offered by the Islamic Center, including community events, funeral services, bookstore, food shelf, marriage services and counseling services. She clarified her statement that the activities go on 24 hours a day, but they have gone on as late as 1:00 a.m. Mr. Abdul-Karim stated they do not have a 24-hour operation at the school. The office hours are from 9:00 a.m. to 4:00 p.m. which is when the counseling is offered. All the other services Ms. Thorson mentioned are offered at the Columbia Heights facility. Most of the activities at the Fridley site are educational activities. They do operate seven days a week with school on Saturday and Sunday school on Sunday. There are sports activities after school hours, but those are usually over by 7:00 or 8:00. Beyond that, the only activity in the schoof would be janitorial services. The building is closed by 10:00 p.m. Adrianna Sutherland, 8450 Mississippi Boulevard, stated her children attend AI-Amal School. The land use issue is very important because this is the home of the Islamic Center and it is not against the neighborhood but is part and parcel of the neighborhood. The issues they have are the same as those issues the other neighbors have. The City has the support of all of the people who send their children to AI-Amal School and those people come from very diverse neighborhoods. They have an investment in Fridley that goes beyond "just our land." In presenting the 5 or 10 year plan, it is specifically done to try and alleviate the fears being expressed. She stated she has fear of certain neighbors who move into her neighborhood, but she does not have the right to suggest that they live elsewhere. She would like to see Council focus on the land use and that the neighbors' concerns are also the concerns of those people who live in Fridley and send their children to AI-Amal School. They want the parking FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 18 issues resolved for the safety of everyone. The arrangement with Totino-Grace shows what is possible when people are willing to work together for the good of everyone. Dr. Hamdy EI-Sawaf, Islamic Center, stated there are some evening hours but they are mainly community gatherings and fund-raising activities to bring the students and parents together as a community. The expansion project is an effort to keep their students at their school. These students are the second generation of Muslims in Fridley and they are the hope of building bridges of understanding between this country and what Muslims are all about. Tokan Sarsour, 7847 Able Street N.E., Spring Lake Park, stated all schools are more than just a school, they are centers for community gatherings. He pointed out that his experience with public schools includes many after hours activities including PTA meetings and voting. Martin Schutz, 5991 Gardena Lane, said that it appears some City staff members have been advocating for this project. Mayor Lund responded that it is the role of staff members to bring forth all the information related to a project. Mr. Schutz specifically disagreed with Mr. Hickok's comment that there was no rational basis for a traffic study. To his knowledge there has been no review of the pedestrian traffic in� this neighborhood. He has no issues with Phase I, but is concerned about Phase II and the fact that eventually there will be two high schools across the road from each other. If these two schools are currently sharing facilities, that would say the facilities are not sufficient to meet the needs of Totino-Grace or AI-Amal School. He was concerned about what will happen in five or six years if AI-Amal ends up with the number of students they are hoping for. If the Council is going to vote on this issue, this should be considered. Spencer Minear, 1291 Gardena Avenue, stated he lives three doors west of AI-Amal. He was concerned about the proposed bookstore as it has a"commercial smell" to it. He was also concerned about the five-foot setback for the parking lot as the cars will be parking in his back yard. He pointed out that the numbers Mr. Hickok referred to regarding lot coverage were not based on the usable land, but the full acreage. Right now, Totino-Grace uses the area of proposed development for their athletic field and it is already a limited space. When this school was originally built, it did not meet state standards for outside space for activities for students. This is not a good plan and it will not benefit the neighborhood. The traffic congestion is already at Grade F and the proposed development around this site will add to the traffic concerns. Mr. Hickok stated the school already has the bookstore and it is for students, not a commercial operation. As far as the usable space, the ordinance for lot coverage is based on the land that the petitioner owns regardless of what that land consists of. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 19 Mayor Lund commented that the Council is looking at the big picture. They are listening to the concerns of the neighbors and will try to make the best decision for the community. Don Lewis, 6001 Gardena Circle, stated with the parking lot five feet from the property line and two feet above his back yard, he is concerned about snow accumulation melting onto his property. Mayor Lund commented that the parking lot will be sloped towards the retention pond and there will be curbing along the parking lot. Mr. Hickok stated the open area at the entrance which is closest to the pond will be the primary storage area for snow. There will be a hedge along the parking lot to provide screening. Mr. Lewis stated he is not against education and he has no problem with Phase I, but he is concerned about Phase II. IrFn Sandozi stated he is a parent of AI-Amal students and is one of the trustees of the Islamic Center. He explained the bookstore is non-profit, not commercial, and is part of the Islamic Center with no separate account. The books are sold as a part of the fund- raising activities for the tslamic Center. Mr. Hickok said that in response to Ms. Thorson's comments regarding the City Code, the specific section of the code she referred to is Section 205.05.5F(3) under the special use permit provisions, which states: "In considering applications for a special use permit under this code, the City Council shall consider the advice and recommendation of the Planning Commission and the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding land, existing and anticipated traffic conditions, and the effect on values of property in the surrounding area. If it is determined that the proposed use will not be detrimental to health, safety, and welfare of the community nor will cause serious traffic congestion, nor hazard, nor will result in serious depreciation of surrounding property values and the same is in harmony with the general purpose of the intent of the zoning code, the City Council may grant such a permit and may impose conditions and safeguards therein by a favorable vote by a majority of the Council members." Mayor Lund said that basically leaves it up to Council to determine what is a detriment to the neighborhood. Mr. Hickok stated creating a record is part of what the City Attorney would advise and it is that record that evaluates whether or not this proposal would be a detriment to the surrounding area. If there are concerns, those need to be mitigated, or Council needs to say no to the proposal. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 20 Mayor Lund explained that Council will not be voting on this issue tonight, but will take the matter under consideration and take action at the January 3 meeting when all Council members are present. Councilmember Wolfe asked if Council could add stipulations at tonight's meeting. Mr. Hickok stated stipulations could be recommended this evening and those would then become a part of the motion on this matter. Charlie Olson, 5926 Oakwood Manor, asked when the tra�c count was done. Mr. Haukaas stated traffic counts are done in either late spring or early fall while school is in session and are generally done on a Tuesday or Wednesday to make it the most typical count for the area. Mr. Olson asked what would trigger a traffic study. Mr. Haukaas explained that a traffic study would be triggered at the request of Council if they determine that there is enough change and want additional information. For this proposal, they anticipate a maximum of 150 additional students which would not be a large increase percentage-wise. Mr. Olson asked what roads would be included in such a study. Mr. Haukaas explained the traffic counts were done mid-block in several locations, both east and west of Matterhorn, on Matterhorn and east of Benjamin. Mr. Olson asked if there are any projections on Medtronic's growth and increased impact on traffic. Mr. Haukaas stated what staff has seen is regional growth throughout the City, not concentrations of growth because of Medtronic, but a 20% to 30% traffic growth in every neighborhood. The counts for Highway 65 and Central Avenue have not increased as much as the neighborhood counts. Highway 65 across Moore Lake has been relatively steady at around 36,000 a day, and Central Avenue has been pretty steady at about 8,200 to 8,600 cars per day. The peak seemed to be in 1997. The 2001 counts were down slightly. Mr. Hickok stated a few years ago a joint study was done with Columbia Heights about the impact Medtronic would cause in terms of the development and one thing they wanted to evaluate was where people were coming from and going to. What they found is that Medtronic is such a regional organization that people come from all points of the map in the metro area and beyond to work there. Mayor Lund asked what a traffic study entails. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 2004 PAGE 21 Mr. Haukaas explained a traffic study gets into much more detail, looking at destinations and origins of traffic, and will look at population growth and other factors to try to make some projections on a more localized basis. There is nothing in the code requiring a traffic study for consideration of this petition. Zafar Siddiqui, an AI-Amal board member, stated the Islamic Center cares about its neighbors and will do everything possible to take their concerns into consideration. They would like the neighbors to be proud of AI-Amal School. Don Anderson, 7304 West Circle, spoke in support of the petitioner. Jim Hamilton, 5990 Oakwood Manor, stated he travels Gardena frequently on his mail route and the traffic problems he sees is at the curbside in front of AI-Amal which is posted no-parking but is filled with parked cars. He questioned if the new entrance to Phase I will address the tra�c problems. There are no signs indicating that this is a school zone. Councilmember Wolfe stated that the Fridley Police studied the traffic issues in this area and found that most of those speeding are actually residents of the neighborhood. Mr. Olson said there is a certain window of time when the tra�c is heavier and that needs to be considered. Dave Landes, 5928 Woody Lane, stated he did not believe there was any contention on this matter with the Planning Commission. Unless the neighborhoods had legal representation, their concerns were not being considered. This matter needs more serious scrutiny. Mayor Lund stated Council is spending a lot of time listening to neighbors' concerns even though this is not a public hearing. Councilmember Barnette questioned how this proposal will impact Mr. Landis' home. Mr. Landes responded this has very little impact on his property, but he was talking more in a neighborhood sense. There were some meetings where neighbors were very opposed but it just did not seem to make a difference. Mayor Lund stated that Council is trying to address the concerns of the neighbors. He stated the neighbors have to give credible reasons to deny such a request and the petitioners have to give credible reasons to accept it. Mohamed Eisa, Brooklyn Park, stated he is considering moving to Fridley because his children are AI-Amal students. If the expansion is not approved, it would be devastating to the Muslim community. As far as the traffic concerns, the increase in student enrollment would result in only a 10% to 15% increase in traffic and the traffic may even decrease as more AI-Amal families relocate to the Fridley area. He added that the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 22 problems created by the current drop-off location will disappear when the new entrance and drop-off area has been completed. Mr. Abdul-Karim stated the expansion will improve the safety of the children because of the new drop-off location. The Islamic Center listened to their neighbor's concerns and changed their plans to try and address those issues, and they will continue to listen. Already 70 AI-Amal families have moved into Fridley and this will help improve property values and increase the tax base. Mayor Lund said that after listening to the comments this evening, the staff presentation and reviewing the Planning Commission minutes, he is not sold on approving the parking lot concession and the higher roof in Phase II. As for the traffic, he does not believe a traffic study is necessary as he does not believe there will be a signi�cant increase. He also stated he plans on requesting a privacy fence for those neighbors affected by the parking lot. From what he's heard, Phase I is not the problem. Phase II is, and he hopes the applicant will come back with some revisions on the roof line and address the parking. Councilmember Billings asked Mr. Hickok if the petitioner had been notified that an extension of the 60 day limit was necessary. Mr. Hickok stated he had done so. Councilmember BiClings asked if the existing drop-off site on Gardena will be removed. There are a number of special use permits that current exist for this property, and he asked how this special use permit will impact those already approved for this site. Mr. Hickok stated this becomes the modern adaptation of the former special use permits. Special use permits go with the land. For the record, as this is filed, staff would consolidate any and all special use permits under the new special use permit and include any stipulations that were a part of those special use permits. Councilmember Billings listed a 1988 special use permit for a church, a 1989 special use permit to operate a day care, a 2000 special use permit to add a classroom and a 2002 special use permit to operate a day care. He asked if there was a special use permit granted originally in 1967. Mr. Hickok stated a special use permit was not required for the school. Councilmember Billings asked if there are any other special use permits on this property. Mr. Hickok said there were not. Councilmember Billings asked for copies of all the special use permits and the stipulations that were a part of those approvals. He asked if a stipulation could be FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 2004 PAGE 23 included in this approval that the maximum height of any addition shall not exceed a specific amount without a variance. Mr. Hickok responded that he would caution against that, but if Council chooses to do so, they need to make sure the record supports that this is a mitigation issue and articulate in the record why the height is important. I� MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to table Special Use Permit Request, SP #04-06, to the January 3, 2005, City Council meeting. i� UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports. No items were discussed. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:35 PM. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor 0 CITY OF FRIDLEY PLANNING COMMISSION DECEMBER 15, 2004 CALL TO ORDER Chairperson Savage called the December 15, 2004 meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Others present: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Leroy Oquist, and Brad Dunham. Julie Jones, Planning Coordinator Rebecca Brazys, Recording Secretary APPROVE PLANNING COMMISSION MINUTES — November 17, 2004 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Upcomina Sprinabrook Watershed Proiect / Restoration Plan Ms. Jones stated this item is part of a very large project that has been going on for a number of years in the city. They have not had to come to the Planning Commission for anything related to this project, so she provided a brief review. The City of Fridley is part of the Springbrook Clean Water Partnership Watershed Project with the main source of funding being the Minnesota Pollution Control Agency. The project is designed to restore the wetlands at Springbrook Nature Center. Starting in 1997, they spent a number of years studying the wetlands as Phase I of the project and came up with solutions. Now they are in the second phase of the project, the actual implementation. The wetlands are not only important for the wildlife at Springbrook s ssalsoRiver.eThisl'phase stabout a$600,000 p o ecte Springbrook w a t e r s h e d i n t o t h e M i s p p Ms. Jones explained this is a multi jurisdictionaf project including four cities; Spring Lake Park, Blaine, Coon Rapids and Fridley. Also included are the businesses around the Nature Center as well as representatives from the Anoka County Conservation Dist�ict, Anoka County, and community volunteers. Ms. Jones stated the first portion of the project was expansion of a storm water pond on University Avenue just south of Northtown Mall at the intersection of 85�'. That storm pond was expanded to reduce the volume of storm water coming into the east side of the Nature Center. There are several inlets that bring storm water into the main wetlands in Springbrook, but in the Phase I investigation they found that per acre of land, there was 10 times the volume of storm water coming in at the east inlet. That is the inlet that drains the south portion of Northtown Mall and the residential area to the east of Wal-Mart and other surrounding properties. They knew from the beginning that once they expanded the storm water pond they would also need to correct the erosion problems on the east side of Springbrook. Because of the extreme volume of water coming throughavers e n the last twolyears d�a n ng he Nat el Cent ewet ands as an stream bed. Also they p 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 2 of 4 attempt to expose the mud flats and get the plants to grow big enough to generate seeds and replenish the seed bank. Ms. Jones explained there are 17 members on the Advisory Committee for this project and they are now ready to proceed with the part of the project where the streambed will be restored to reduce further impact to the wetlands. Part of how this will be done is by installation of a 48 inch PVC bypass pipe and restructuring the stream bed. The committee plans to finish the project over the winter depending upon the weather. Ms. Jones stated the reason this matter is coming before the Planning Commission is because a significant number of trees will have to be removed. There is a tree preservation ordinance in place, Section 510 of our code that requires the Planning Commission, Parks and Recreation Commission, and the City Council approve any tree removal on city-owned property. Springbrook Nature Center is city-owned property. The approval is also to approve a plan of reforestation to restore the land to its original condition. In the Springbrook Watershed Project, they do not want to restore the land to its original condition. They want to restore the wetlands. The health of the Springbrook Nature Center wetlands depends upon changing the current condition. Siah St. Clair, Director of the Nature Center, has been involved in this process and one of his goals is to remove some of the tree canopy in this part of the park to restore a natural habitat area, regardless of this project. So he is not concerned about removing the trees. Ms. Jones explained that everyone involved in this project is concerned about ensuring that there are no clear line of sight views for an entire swath of the park in any one direction. So, the reforestation and landscaping plan is focusing on planting vegetation in key areas to prevent a clear line of sight. Part of this plan includes re-vegetating the spring bed. In many portions, the stream bed will be raised to make it more of a bowl-shaped bed with an erosion control blanket across the entire bed. She reviewed an aerial map of the area involved in this project. She explained there are two large pipes that go under University to the east side of Springbrook. An additional pipe will be installed so that when storm water reaches a certain level it will flow into the bypass pipe. The initial flows of a storm will stay in the stream, but the heavy flows in a heavier storm will go into the bypass pipe. Even though there has been a reduction in water volume with the expansion of the University Avenue pond, additional reduction is necessary to prevent further erosion of the stream. She explained that they will be removing trees in a swath ranging from 20 to 52 feet wide along the stream. In 1986, a tornado caused heavy damage in Springbrook, Ms. Jones explained, which is why there currently aren't large trees on the site. After the tornado, there was a huge effort invested in re-planting and re-foresting this part of the park with hundreds and possibly thousands of trees. Following that effort and in spite of special protection measures, the deer population devoured a significant amount of the new growth. Also, iYs very difficult to water trees in certain areas of th� park because it is so far away from the building. What they've decided to do in this project is to concentrate their reforesting efforts on the bridge areas over the stream and the entrance area off of Springbrook Apartments. Ms. Jones further explained that all four of the existing bridges will be removed as a part of this project, and then later replaced. The trees in Springbrook are basically elms, cottonwoods, aspen, and not many real desirable species. A lot of the existing trees have collapsed into the stream because of the erosion of the stream bed. To date, Ms. Jones stated the Springbrook Watershed Advisory Committee approved the design plans at their December 15t meeting and gave the engineering contractor the approval to go 2 CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 3 of 4 ahead and develop the bid specifications. mhe ds t aitheePlantComm ss on also aVlp ove th s approved the restoration plan. Staff recom project. They hope to have the bid approval before City Council at their January 3 meeting. Commissioner Oquist asked how long this project will take. Ms. Jones said the tandscaping won't be can alteenativellplanl but they bel eve this planas athe pipe installed by March. They considered better alternative and will allow wildlife to migrate upstream. Commissioner Kuechle asked if the new pipe will follow the existing stream. Ms. Jones stated that basically it will run next to the existing stream and will be a couple of feet below the surface. Commissioner Kuechle asked what kind of trees will be used for the reforesting. Ms. Jones stated they have not discussed that as yet. That will be left up to the Nature Center Director. Commissioner Kondrick stated that Mr. St. Clair explained at the Park & Recreation Commission meeting that the trees comingClaW was con cer'ned with was having the creekauite small. He also explained that what Mr. St. zigzag throughout the park so that it would have some character and so there would not be a straight line of sight to any one area of the park. Commissioner Oquist commented that {he wetlands, but w th the new pipe nstae t n the wate S a chance to filter itself before reaching will go directly to the wetlands without that filtering. Ms. Jones responded that the experts they consulted with have explained that i enin I is it was significant storm, the water rises three feet in the creek bed and what was happ 9 churning up the soils in the stream bed, t hangens theln s Ithat soia and thelm ne als depos ts suspended solids in the wetlands. What pp settle on top of the roots of the vegetatioo take somehof the elocit Sout f t'hat st eam as well as beginning of the project that they need t restore the stream bed to a shallower shape to avoid that soil getting into the wetlands. Allowing the low flows to stay in the he a!ne alnd befohe it getslto the wetlandethteee's qui e a Also, where the water comes out of t p p great distance where fabric and rip-arn�p �I ee installed to allow the energy of that water to dissipate before it reaches the wet 9 Commissioner Kuechle asked if there is a plan to remove fill from that area to widen the stream bed and to make space for the pipe. Ms. Jones stated there will be some removal, a e taken o'Iutforansta�llationtof the p'pe wil�bele of feet in many sections. A lot of the soil that will b _ used to raise the stream bed. Commissioner Kondrick stated th k foebeams and other appl cat olnsion requested that any excess soil be usect withm the pa 3 CIT'Y OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 15, 2004 Page 4 of 4 MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to go along with the Springbrook Watershed Project as submitted by staff and as approved by the Park and Recreation Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the minutes of the November 8. 2004 Parks 8� Recreation Commission meetinq. MOTION by Commissioner Kondrick, seconded by Commissioner Johns, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the November 4, 2004 Housinq 8� Redevelopment Authoritv meetinq. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Jones stated that Ms. Stromberg was not able to attend tonight's meeting and will present her year end report at the next regular meeting. ADJOURN MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to adjourn. UPON A VOICE VOTE, AL� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING D�4T 8:10 PM. ly s�bmitted by, ing Secretary � � CRY OF FRIDLEY " TO: � FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 WILLIAM W. BURNS, CITY MANAGER � RICHARD D. PRIBYL, FINANCE DIRECTOR RE50LUTION DE5IGNATING OFFICIAL DEPOSITORIES December 22, 2004 Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official depository for 2005. We are incurring little cost for the service we are provided by Wells Fargo Bank Minnesota N.A. At this time, it does not seem to be beneficial to solicit for banking services since our options are limited within the City. The service we receive is very good; Wells Fargo Bank Minnesota N.A. has been responsive to our requests for information. In using Wells Fargo Bank Minnesota N.A., we are able to invest idle cash on a daily basis with minimum cost to the Ciry. We are able to determine daily needs and invest the balance in a money market account with Wells Fargo and First Trust. If we were to change the provider for the banking services, we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment 5 RESOLUTION NO. - 2005 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 3rd day of January, 2005, the following resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of the meeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been �xed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Wells Fargo Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. �� Page 2- Resolution No. - 2005 BE IT FURTHER RESOLVED, that a11 transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees aze required for withdrawal of City investment funds from savings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authority to exercise the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 7 / � CfiY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 WILLIAM W. BURNS, CITY MANAGER�� `- RICHARD D. PRIBYL, FINANCE DIRECTOR DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2005 December 28, 2004 Attached is a resolution designating the Focus News as the official legal newspaper for the City of Fridley for the year 2005. The Minneapolis Star Tribune is designated as the City of Fridley's second official newspaper for the year 2005. RDP/me Attachment : � RESOLUTION NO. - 2005 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2005 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, TI�REFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 2005 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 2005. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS _ DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK .�, N. SCOTT J. LL1ND - MAYOR � � GTY OF FRIdLEY � FROM: SUBJECT: AGENDA ITEM COUNCIL MEETING OF JANUARY 3, 2005 WILLIAM W. BURNS, CITY MANAGER �(� RICHARD D. PRIBYL, FINANCE DIRECTOR MILEAGE RATE CHANGE - 2005 DATE: December 28, 2004 The Internal Revenue Service has made the decision to increase the mileage rate from $0.375 per mile to $0.405 for 2005. The attached resolution changes the City of Fridley's mileage rate to that of the current IRS rate. Based on past practice, it is my recommendation that we make this adjustment and present this resolution to City Council for approval at the January 3, 2005 meeting. RDP/me Attachment 10 ,. RESOLUTION NO. - 2005 A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2005 CALENDAR YEAR WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines; WHEREAS, the Internal Revenue Service has increased the standard mileage rate to $0.405 cents per mile for 2005; and WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following change be authorized for employees of the City of Fridley, effective January 3, 2005. 1. Standard Mileage Rate increased to $0.405 per mile. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK 11 SCOTT J. LLJND - MAYOR � � CRY QF FRIDLtY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 William W. Burns, City Manager �� � Jon H. Haukaas, Public Works Director January 3, 2005 Load Limit Designation Attached is a resolution establishing the spring load limits for the City streets. PWOS-001 Annually we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the Anoka County Highway Department informs us of them raising the limits on the County roads. To facilitate the notification process, recommend the City Council adopt the attached load limit resolution for 2005. JHH:cz Attachment 12 0 0 � , � RESOLUTION NO. 2005 - RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of May, 2005, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PER AXLE B. The above restriction shall not apply, but shall instead be limited to 9 TON PER AXLE with respect to the following named streets, to-wit: STREET 3rd Street 3rd Street 45th Avenue 5th Street 51st Way 52"d Avenue 52nd Way 53rd Avenue 53rd Avenue 53rd Way 57th Avenue 58th Avenue 61st Avenue 63rd Avenue 64th Avenue 65 '� Way 66th Avenue 66th Way 67th Avenue 67th Avenue 67th way 68th Avenue 69th Avenue 6th Street 7th Street 71-1/2 Way 71st Avenue 72nd Avenue FROM 49th Avenue Mississippi Street Main Street 613t Avenue East River Road Taylor Street Ashton Avenue Main Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jackson Street Starlite Boulevard T.H. #47 E. Service Dr. Arthur Street Hickory Street Arthur Street Hickory Street Brookview Drive Monroe Street Rice Creek Way Brookview Drive Central Avenue 67t'' Avenue 53rd Avenue 200' west of Alden Cr T.H. #47 E. Service Dr T.H. #65 13 TO 53rd Avenue Satelite Lane University Avenue Mississippi Street Industrial Blvd. Buchanan Street Industrial Boulevard East of TH 65 Fillmore Street Industrial Boulevard Quincy Street West Moore Lake Drive West Moore Lake Drive Monroe Street Central Avenue Ashton Avenue 609 Ft West Ashton Avenue West end cul-de-sac 6th Street Ashton Avenue Monroe Street East City Limits Rice Creek Terrace 68th Avenue to cul-de-sac Park Entrance Central Avenue STREET FROM 73rd Avenue Commerce Circle West 73=d North Service Drive University Ave East Serv Drive �qtn Avenue University Ave East Serv Drive 75th Avenue Central Avenue 75th Way Osborne Way 76th Way Alden Way 77tn Avenue East River Road 78eh Avenue E. BNSF R/W 79th Avenue E. BNSF R/W 79tn Way W. BNSF R/W 815t Avenue Hickory Street 83=d Avenue Main Street Able Street West Moore Lake Drive Alden Way 79th Avenue Alley E of Beech Street 78th Avenue Arthur Street Camelot Lane Arthur Street North Danube Road Ashton Avenue 52nd Avenue Ashton Avenue 65 '� Way Ashton Avenue 79th Avenue Baker Street 73rd Avenue Beech Street 77th Avenue Benjamin Street Gardena Avenue Berne Road Windemere Drive Broad Avenue Buffalo Street Brookview Drive Mississippi Street Buchanan Street 53rd Avenue Buffalo Street Riverview Terrace Camelot Lane Squire Drive Carrie Lane Quincy Street Cheri Lane 53rd Avenue Cheryl Street Riverview Terrace Commerce Circle East 73rd Avenue Commerce Circle South Commerce Circle East Commerce Circle West Commerce Circle South Commerce Lane 73rd Avenue Creek Park Lane Central Avenue Dover Street Ely Street Dover Street Riverview Terrace East Danube Road Matterhorn Drive East Moore Lake Drive T.H. #65 East River Rd. Serv. Dr. 51st Way East River Rd. Serv. Dr. 57th Way 1_L_i TO Stinson Boulevard Able Street Lyric Lane Stinson Boulevard 76th Way East to cul-de-sac Ranchers Road Main Street T.H. #47 Riverview Terrace T.H. #47 T.H. #47 Mississippi Street 76th Way 79th Avenue Mississippi Street 400 feet north Industrial Blvd. Rice Creek Way Ironton Street Osborne Road 81st Avenue Rice Creek Road Berne Cir east cul-de-sac Lafayette Street Rice Creek Terrace To Columbia Hgts Border Broad Avenue Arthur Street Jackson Street Fillmore Street Broad Avenue Commerce Circle South Commerce Circle West 73rd Avenue Osborne Road Arthur Street West end of cul-de-sac Broad Avenue N. Innsbruck Dr. Central Avenue N. to Cul-de-Sac N, of 57th Way � STREET Elm Street Ely Street Ely Street Fairmont Street Fillmore Street Fillmore Street Fireside Drive Gardena Avenue Gardena Circle Gardena Lane Glacier Lane Glencoe Street Hackmann Avenue Hackmann Circle Hartman Circle Hathaway Lane Heather Circle Heather Place Hickory Street Hickory Street Hickory Street Hillcrest Lane Hillwind Road Hugo Street Industrial Boulevard Ironton Street Jackson Street Janesville Street Kerry Lane Kimball Street Kristin Court Lafayette Street Liberty Street Lincoln Street Longfellow Street Lynde Drive Lynde Drive Main Street Main Street Matterhorn Drive Medtronic Parkway Mississippi Street Monroe Street North Danube Road FROM 77th Avenue East River Road Riverview Terrace Riverview Terrace 53rd Avenue 53ra Avenue T.H. #65 Central Avenue Gardena Lane Gardena Avenue Matterhorn Drive Riverview Terrace Tennison Drive Hackmann Avenue East River Road Hackmann Avenue Heather Place Old Central 7Bth Avenue 81st Avenue Mississippi Street Woody lane Matterhorn Drive Riverview Terrace 51st Way Riverview Terrace Carrie Lane Riverview Terrace Ben More Drive Riverview Terrace Stinson Boulevard Broad Avenue East River Road Buchanan Street East River Road Hillwind Road Polk Street Osborne Road 57th Avenue South City limits 7tn Street Central Avenue 63rd Avenue West Danube Road 15 TO 79th Avenue West end of cul-de-sac Broad Avenue East River Road Cheri Lane Throuqh cul-de-sac Central Avenue East City Limits thru Cul-de-sac Woody Lane St. Moritz Drive East River Road Central Avenue Haclanann Avenue West 400 Lineal Feet East end of cul-de-sac through cul-de-sac through cul-de-sac 79th Avenue 600 feet north Rice Creek Way Old Central - loop Hackmann Avenue East River Road Ashton Avenue East River Road 58th Avenue East River Road Rice Creek Road East River Road End of cul-de-sac East River Road West end of cul-de-sac 53Ld Avenue West end of cul-de-sac Polk Street Regis Drive 83rd Avenue 61st Avenue Gardena Avenue West Moore Lake Drive Stinson Boulevard Rice Creek Terrace N. Innsbruck Drive STREET North Innsbruck Drive Osborne Way Pierce Street Polk Street Quincy Street Rainer Pass Ranchers Road Regis Drive Regis Lane Regis Terrace Regis Trail Rice Creek Terrace Rice Creek Way Riverview Terrace Riverwood Drive Royal Oak Court Shamrock Lane Skywood Court Skywood Lane Skywood Lane Spring Brook Place Squire Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Stinson Boulevard Stinson Boulevard Stinson Boulevard Symphony Street Taylor Street Tennison Drive T.H. #47 E. Serv Drive T.H. #47 E. Serv Drive T.H. #47 E. Serv Drive T.H. #97 W. Serv Drive T.H. #47 E. Serv Drive T.H. #65 E. Serv Drive T.H. #65 E. Serv Drive T.H. #65 E. Serv Drive FROM Matterhorn Drive East River Road 53rd Avenue Hackmann Avenue 57th Avenue Glacier Lane 77th Avenue Hathaway Lane Regis Drive Regis Drive Regis Lane 6th Street East River Road 79th Way 71st Way Arthur Street 69th Avenue Skywood Lane Fillmore Street Fillmore Street 79th Way Rice Creek Road Berne Road Trollhagen Drive 69th Avenue Osborne Road Mississippi Street Rice Creek Road 73rd Avenue North Service Drive 52"d Avenue Gardena Avenue 53rd Avenue 400 LF So 57th Avenue 69th Avenue 73rd Avenue Osborne Road 73rd Avenue Osborne Road 63rd Avenue 16 TO East City Limits 75th Way Through cul-de-sac Lynde Drive Carrie Lane South City Limits 81st Avenue Regis Lane Matterhorn Drive Regis Trail Through cul-de-sac Brookview Drive Ashton Avenue 200 ft N of Kimball St. 71 � Way West to cul-de-sac North to cul-de-sac Through cul-de-sac West through cul-de-sac Matterhorn Drive Longfellow Street Camelot Lane South City Limits South City Limits 68th Avenue 73rd Avenue 67th Avenue 800' South Of Gardena Avenue Dead end at Creek South of Gardena Avenue 7 4 th Avenue Through cul-de-sac Thru cul-de-sac North Approx. 500 feet Mississippi Street 73rd Avenue 85th Avenue 73!° Ave North Service Dr 72nd Avenue Fireside Drive South 350 feet . STREET T.H. #65 W. Serv Drive T.H. #65 W. Serv Drive Trollhagen Drive West Danube Road West Moore Lake Drive Windemere Drive FROM Osborne Road 73rd Avenue Matterhorn Drive North Danube Road T.H. #65 (N.Moore Lake) Trollhagen Drive TO South 800 feet RR tracks St. Imier Drive South Cul-de-sac Medtronic Parkway Trollhagen Drive r C. Notice of these restrictions shall be published with respect to each of such streets and when so published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter 503, City Code ` of Fridley, Minnesota, 1978. D. A vehicle in excess of such limits may be operated or driven upon a street in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR 17 G / � crrr aF FRIDLE'f TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 William W. Burns, City Manager �� � � Jon H. Haukaas, Public Works Director January 3, 2005 SRA Appointment PWOS-002 The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need to designate by resolution the City's representatives. For the last number of years the Council has designated the Director of Public Works as the representative and the Assistant Public Works Director as the alternate representa.tive to the SRA. The attached resolution formalizes the appointment in accordance with the SRA criteria. JHH:cz Attachment " 18 � J RESOLUTION NO. 2005 - RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: '` WHEREAS, the Director of Public Works, is hereby designated to serve as a Representative to the Suburban Rate Authority, and the Assistant �, Public Works Director is hereby designated to serve as Alternate Representative to the Suburban Rate Authority for the year 2005 and until their successors are appointed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 19 � � cmr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 Date: December 27, 2004 To: William Burns, City Manager c�� � From Subject: Scott Hickok, Community Development Director Paul Bolin, Asst. Executive HRA Director Resolution Authorizing 2005 CDBG Application M-04-172 INTRODUCTION As you may recall from past years, the Community Development Block Grant (CDBG) program makes Federal money, through HUD, available to Counties for redistribution among cities, townships, and service organizations. The goal of the CDBG program is, according to HUD literature, to develop, "viable communities by providing decent housing, suitable living environments and expanding economic opportunities, principally for persons of low to moderate income." In 2005, Anoka County will redistribute $1.3 million to city and township projects on a competitive basis. All projects must be an eligible activity, meet national objectives, and consistent with the goals of the County's Consolidated Plan. The maximum grant amount to any one City is $300,000. Acquisition and removal of blighted properties is a high priority, both nationally and in Anoka County. The City successfully obtained $200,000 in 2003 for acquisition and demolition for the Gateway West project. A review of the application materials and discussion with Anoka County staff have led City staff to believe a similar application, to acquire the remaining property in the Gateway West project area, would have a strong chance of being funded. Based on this information staff has prepared an application seeking an additional $167,600 to cover the purchase price, relocation expenses, and demolition costs for the property. Applications for 2005 funds are due to Anoka County on January 12th, 2005. STAFF RECOMMENDATION City Staff recommends approval of the attached resolution authorizing staff to proceed with completing and submitting the 2005 CDBG application. � RESOLUTION NO. - 2005 RESOLUTION AUTHORIZING AN APPLICATION FOR THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City of Fridley, Minnesota (the "City") has identified its housing and community development needs; and WHEREAS, the City believes that those needs can be met by the Community Development Block Grant (the "CDBG Program") that is administered by Anoka County, Minnesota; and WHEREAS, the City has identified a potential project for CDBG funding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Council approves of the project described in Exhibit A attached to this resolution. 2. The City Council authorizes City staff to prepare an application to Anoka County for said CDBG funds. 3. The City Council authorizes the Mayor and City Manager to execute all documents necessary to secure said CDBG funds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK 21 SCOTT J. LUND - MAYOR EXHIBIT A CITY OF FRIDLEY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Acquisition and Clearance of Bliqhted Properties The City of Fridley is requesting 2005 CDBG funds for the purpose of acquiring and clearing blighted property as part of the Gateway West redevelopment project. The proposed activity is consistent with the national objectives for the CDBG program as described in CFR 570.483 (c) (1). The Gateway West redevelopment project is located near the northeast corner of University Avenue and 57th Avenue NE. The project area includes a number of substandard and blighted buildings. The City is planning to redevelop the area for new single-family home growth in the area. Additional details on the project can be found in the City's 2005 CDBG application. SOURCES 2005 CDBG Funds USES Acquisition & Closing Costs Demolition & Professional Services Relocation & Environmental Fees 22 $167,600 $119,200 $6,500 $41,900 $167,600 � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 DATE: December 28, 2004 �� TO: Wiiliam W. Burns, City Manager fi�' FROM: Scott J. Hickok, Community Development Director Julie Jones, Planning Coordinator Pat Wolfe, Section 8 Housing Coordinator SUBJECT: Section 8 Contract Extension M-04-173 INTRODUCTION In January 2000, the City of Fridley and the Metropolitan Council entered into a contractual agreement for provision of Section 8 Administrative services. The contract expiration date was to be June 1, 2004. On June 30, 2004, the Metropolitan Council contacted staff and asked to extend the contract through the end of the year (December 31, 2004). Since there has yet to be a fully modified contract for a new term, the Metropolitan Council requested, that an additional 6 month extension to the existing contract be granted. The contract extension term will end on June 30, 2005. ELEMENTS Negotiations for a new contract are anticipated to occur in the first quarter of this year. Budget concerns nationwide have caused authorities to need additional time to work out the terms of the contracts between the fund distribution agencies and the administrators who deliver the services. The Metropolitan Council is also evaluating options for re-designation of their Metro HRA/Section 8 responsibilities to another agency (i.e. MHFA, a County or Counties, etc.). This analysis further bolsters the need to hang on to the existing contract terms until the bigger questions can be answered. Attached for your convenience is the contract extension language that has been provided by the Metropolitan Council and is recommended for approval by our staff. RECOMMENDATION Staff recommends extending the contract through to June 30, 2005, to allow both City Staff and the Metropolitan Council time to work through the details on a new contract that will then take effect in July 2005. Of course, the new contract will be back before the City Council for review and approval prior to the expected effective date of that new contract. 23 i� Metro�olitan Council Metro HRA Housing and Redeuelopment Authority December 16, 2004 Scott Hickok, Director of Community Development City of Fridley 6431 University Av. N.E. Fridley, MN 55432 Re: Section 8 Housing Assistanc�� Payments Program Contract for Administrative Services Deaz Mr. Hickok: We are in the process of reviewing comments received regarding proposed revisions to the Section 8 Housing Assistance Payments Program Contract for Administrative Services and drafting a revised Contract for your review. I think it goes without saying that we will not have a revised Contract fully executed and in place prior to December 31, 2004, which is when the current Contract is set to expire. We are, therefore, agai.n proposing an extension of the existing Contract to June 30, 2005, to permit sufficient time to complete this process. Enclosed. are two copies of an amendment to the current Contract. We are aski.ng that you sign both copies and return at your earliest convenience to my attention. We will continue to move forward as described above and expect to be back in touch soon with a revised Contract for your review. If you have any questions, please call me at 651-602-1600. Sincerely, � ���� ��� Kathy Kline Program Operations Supervisor Metro HRA Enclosure Cc: Pat Wolfe www.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street • St. Paul, Minnesota 55101-162(�4, (651) 602-1428 • Faac 602-1313 • TTY 291-0904 An Equa! Opportun[ty Employer * Contract No. C-99-67 SECOND AMENDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES CITY OF FRIDLEY THIS AGREEMENT is made and entered into by and between the Metropolitan Council ("Council") and the City of Fridley ("Contractor"). WHEREAS, on January 24, 2000 the Council and the Contractor entered into a contract identified as Council Contract No. C-99-67 under which the Contractor agreed to perform within the City of Fridley and other jurisdictions located in Anoka, Hennepin and Ramsey Counties certain Section 8 program administrative services in conjunction with the operation of the Council's Section 8 housing assistance program; and WHEREAS, on September 3, 2004 the Council and the Contractor amended Council Contract No. C-99-67 and extended the June l, 2004 expiration date to December 3,1 2004; and WHEREAS, the parties mutually agree that the contract should be continued and extended beyond its December 31, 2004 expiration date. NOW THEREFORE, pursuant to Paragraph 6.03 of Contract No. C-99-67 and in consideration of the promises and covenants contained in this agreement, the Council and the Contractor agree Contract No. C-99-67 shall continue beyond its December 31, 2004 expiration date and shall be extended and amended as follows: Article V, CONTRACT TERM, Paragraph 5.01, Period of Performance, as amended on September 3, 2004, is fiarther amended to read as follows: • 5.01 Period of Performance. This contract is effective on the date this contract is � finally executed by the Council and shall continue until the earlier of the following: ternunation of Section 8 program funding by HUD; termination of this conh�act by y either party pursuant to paragraph 5.02 of this contract; or June 30, 2005. As provided in paragraph 3.01, the ongoing administrative fee described in paragraph 3.01(a) sha11 be payable retroactive to June l, 1999. Except for this amendment, the provisions of Contract No. C-99-67, as amended on September 3, 2004, shall remain in force and effect without change. IN WITNESS WHEREOF, the Council and the Contractor have caused this agreement to be executed by their duly authorized representatives. This amendment is effective on the date of final execution by the Council. Page 1 0�� Pages ► U' � Approved as to form: Associate General Counsel C9967AA METROPOLITAN COUNCIL : Regional Administrator Date: CITY OF FRIDLEY By: _ Its: Date: By: . Its: Date: Page 2 a�'� Pages 12/04 i� � � CRY dF FRIpLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 To: William W. Burns, City Manager �{�" � From: Captain Bob Rewitzer Date: Re: December 28, 2004 2005 Animal Control Contract Attached is the proposed 2005 animal control contract. We are once again proposing this contract be made with Brighton Veterinary Hospital. There axe no changes in the new contract, including compensation. The term of the contract covers the period from January 1, 2005, through December 31, 2005. The monthly fee charged by Brighton Veterinary Hospita.l remains at $1,300 per month as in the previous contract. The Fridley Police Department is very satisfied with the service provided by the Brighton Veterinary Hospita.l and recommends approval and signing of the contract. Attachment. 27 ANIMAL CONTROL CONTRACT This contract, made and entered into this 3rd day of January 2005 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". � I. TERM - The term of this contract shall be from January 1, 2005 through December 31, 2005. II, ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: 1. Shelter for animal drop-offs on a 24-hour basis. 2. Animal examinations and veterinary care as requir�d during normal business hours. 3. Seized stray animals shall be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State Statute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, , pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Brighton Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. : 10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats, per animal from owners who retrieve animals. Fees are kept by the animal shelter. 11. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 12. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a live threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release the city will transport the animal to the animal shelter. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made against the city for any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 to 29 safeguard and indemnify the city for any of the occurrences aforementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION 1. The city shall pay the animal shelter the sum of $1,300 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHPP) vaccine. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Brighton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereo£ � ANIMAL SHELTER : Title: Date: 31 CITY By: _ Title: Date: � � arr aF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 William W. Burns, City Manager�� John Berg, Fire Chief John Crelly, Assistant Fire Chief December 28, 2004 SUBJECT: Aerial Ladder Fire Truck In 2003, the Fridley Fire Department began a process to replace the 100-foot Thibault Ladder which was purchased in 1973. The goal is to replace it with a 100-foot aerial platform. The new aerial will be configured as a"quint." A quint aerial has a hydraulic ladder, fire hose, water tank, fire pump and a full complement of ground ladders. This truck will be capable of functioning as an engine company (pumper) and a latdder company. On August 19, 2004, the Fire Department•received notice from the Federal Emergency Management Administration that a$500,000 grant would be awarded for the purchase of a NFPA compliant ladder truck. The City would be responsible for 10% of that grant. A six member committee was formed to research and write specifications for the new truck. The committee evaluated eleven different aerial trucks, met with five truck manufactur�rs, visited two truck manufacturer facilities, and reviewed a number of truck specifications from various manufactures and communities that have aerial trucks. On November 12, 2004, we mailed truck specifications to eight (8) truck manufacturers and five (5) companies that sell fire equipment. An advertisement for bids was run for three consecutive weeks in the Fridley Focus. Bids were received and opened at 11:00 a.m. on December 6, 2004. Four truck manufacturers and two fre equipment companies responded. A total of five aerials were proposed of which only three met our specifications resulting in the rejection of two bids. The two bids for fire equipment were rejected because the bids were not complete. The attached table details the pricing of the three trucks that met the Fire Department specifications. The General Safety bid specification is written in a way that leaves many items open for interpretation. Past history has shown that they may not be able to deliver the truck that Fridley specified. While Pierce Manufacturing bid a truck that is closest to the specification written for Fridley and has additional safety features such as air bags and warning systems based on the orientation of the truck, they bid a truck that has a water tank that is 200 gallons smaller than specified and is almost $100,000 more than the Crimson Fire bid. The Fire Deparhnent is recommending to Council that they accept the bid proposal for a quint aerial truck to be built by Crimson Fire. The Crimson Bid is for $796,775.00 and includes production of the truck and all loose equipment required by NFPA to meet the contract obligation for a FEMA grant. This price also includes $30,000 to raise the door height for one apparatus door at Station l. Attachment 32 Prices and Opti - Bidder Name „ Base Price Trade In of A-2 Equipment arage Door I i crimson - $ 700,911.00 $ $ - � .3,,....4..�� � ��,.,�"�'�'��'; $ 65,864.00 $ a � �r�,� � �r.�._ ��: ,. , r. $ 30,000.00 $ Possible Cost 33 730,737.00 I $ (3.500.00) $ 59,528.00 30,000.00 I $ Possibte Cost ierce - 799,950.00 (5, 000.00 63,986.05 30,000.00 •ed Cost CITY OF FRIDLEY 2005 CITY COUNCIL AND STAFFAPPOINTMENTS 2004 REPRESENTATIVE Mavor Pro Tem: Councilmember-at-Large Barnette 2005 APPOINTEE Anoka Countv Law Enforcement Council: Councilmember-at-Large Barnette, Rep. Councilmember Wolfe, Alternate Association of Metronolitan Municipalities: Mayor Lund, Delegate Councilmember Bolkcom, Alternate Lea�ue of Minnesota Cities: Councilmember Billings, Representative Mayor Lund, Alternate School District Nos. 13: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District Nos. 14: Councilmember-at-Large Barnette, Rep. Councilmernber Bolkcom, Alternate School District No. 16: Councilmember Billings, Representative _ Councilmember Wolfe, Alternate _ Northstar Corridor Development Authoritv: Councilmember-at-Laxge Barnette, Rep. _ Councilmember Billings, Alternate _ North Metro Convention & Visitors Bureau: Debra A. Skogen, City Clerk 34 EXPIRES 12-31-OS 12-31-OS „ 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS 12-31-OS � 12-31-OS 12-31-OS 12-31-OS f � CffY OF FRIDLEY � Name AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 Appointment Starting Position Sa1aN Rachel Environmental Harris Planner Exempt e � $41,026.96 per year 35 Starting Date Jan. 10, 2005 Replaces Julie Jones ! � cmr aF FRIDLEY AGENDA ITEM COUNCIL MEETING OF JANUARY 3, 2005 CLAIMS 119673 -119895 36 � { �� I M � t CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 Tvpe of License � LICENSES Approved BY: FOOD ESTABLISHMENT, RETAIL GAS SALES, TOBACCO SALES Stop `n Save Mohamed Hassan Com. Dev. Director 7298 Hwy 65 NE Fire Inspector Fridley, MN 55432 Public Safety Director Quick Mart 191 83�d Av NE Fridley, MN 55432 Mohamed Musani LAWFUL GAMBLING PERMIT Church of Saint William Anthony Schreiner 6120 Fifth St. NE Fridley, MN 55432 37 Com. Dev. Director Fire Inspector Public Safety Director City of Fridley AGENDA ITEM City Council Meeting Of Monday, January 03, 2005 � Electrical AUGUSTA ELECTRIC INC. 19383 EAST SHORE DRIVE MIKE LEONARD KIMBALL MN 55353- EXCEL ELECTRIC LLC 6041 189TH LANE NW DEVERN & DONNA MATSON ANOKA MN 55303- GOLDEN VALLEY HEATING & AIR 5182 WEST BROADWAY SCOTT FOLLESE CRYSTAL MN 55429- KOVER ELECTRIC LLC. 23049 ARROWHEAD STREET NW ED KOVER ST FRANCIS MN 55078- METTLER ELECTRIC INC. 498 ANDOVER BLVD NE MICK METTLER HAM LAKE MN 55305-6013 WHITE BEAR ELECTRIC INC. 13483 FENWAY BLVD CIRCLE NOR BARB SONTAG HUGO MN 55038- Gas Services BONFES PLUMBING HEATING & AIR 505 RANDOLPH AVE CONNIE BOUD ST.PAUL MN 55102- RICCAR HEATING & AIR CONDITIONING 2387 STATION PARKWAY KRISTA BUTH ANDOVER MN 55304- : Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official �, r � General Contractor-Commercial DIVERSIFIED CONSTRUCTION OF MPLS 7010 HWY 7 JEFF DINGMAN ST LOUIS PARK MN 55426- DONNELLY STUCCO 2500 EAST 25TH STREET " MPLS MN 55406- ■ . � HAKSETH CONSTRUCTION INC. 5230 6TH STREET NE COLUMBIA HEIGHTS MN 55421- THE BAINEY GROUP INC. 14700 28TH AVENUE NORTH 30 PLYMOUTH MN 55447- THOMAS DONNELLY JOHN HAKSETH BRAD BAINEY General Contractor-Residential PROBUILT AMERICA 2211 11TH AVE E STE 130 TERENCE DEROSIER NORTH ST PAUL MN 55109- STANDARD WATER CONTROL SYSTEMS INC. 5337 LAKELEND AVE NORTH MICHAEL HOGANSON CRYSTAL MN 55429- Heatinq BONFES PLUMBING HEATING 8� AIR 505 RANDOLPH AVE CONNIE BOUD ST PAUL MN 55102- COMMERCIAL PLUMBING & HEATING INC. 24428 GREENWAY AVENUE ROBERT SKEIE FOREST LAKE MN 55025- RICCAR HEATING 8�AIR CONDITIONING 2387 STATION PARKWAY KRISTA BUTH ANDOVER MN 55304- 39 Approved BV: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Plumbinq GENE'S WATER 8� SEWER 4360 Lyndale Ave North Mpls Mn 55412- GROTH SEWER & WATER 775 TOWER DRIVE HAMEL MN 55340- NORBLOM PLUMBING 2905 GARFIELD AVE SO. MPLS MN 55408- PAUL TOMAS PLUMBING 7801 MISSISSIPPI LANE BROOKLYN PARK MN 55444- TERRY OVERACKER PLUMBING 1630 COUNTY ROAD SPRING LAKE PARK MN 55432- � CRAIG PETERSON MR.WILLIAM M NIKKO JEFFERY NORBLOM PAUL TOMAS JACKIE KRONE Siqn Erector DESIGNS INTERNATIONAL LLC DBA ARROW DESIGNS 13735 ABERDEEN STREET NE PATRICIA RINGLER HAM LAKE MN 55304- .� Approved BV: Ron Julkowski Building Official Ron Julkowski Building Official Ron Jutkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official ■ , ■ � � � CfTY OF FRIDLE1f AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 ESTIMATES Ron Kassa Construction, Inc. 6005 — 250�' East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 EstimateNo: 5 ................................................................. 41 ................ $ 493.99 r � arr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 TO: William W. Burns, City Manager r. , a FROM: Jon li. tiaukaas, Pubiic Works Director DATE: December 28, 2004 SUBJECT: TIi 65 Causeway Project PW05�003 The design of the Tt1 65 Causeway project is at 95+% complete. We cannot get this project to the 100% stage until funding is available and we know it is going to be built SEt�I has done a lot of work over the last year or so trying to get MnDOT approval. This has led to many design reviews and revisions at MnDOT"s request which has exceeded our expectations of what it would take to finalize the project At this time we would like to close out the project until there is an opportunity to get construction funding for it SEti will organize all design data, information, plans and specifications to a point where it can be picked up and easily continued at some point in the future. We currently have a contract with amendments totaling �745,450.00. SEFi is requesting a Final Contract Amendment of �95,231.97 for work to date, including close out bringing the contract total to �840,681.97. The attached letter describes the design development over the last few years and itemizes the additional unanticipated work on this project We believe this is a legitimate request in light of their work for us on this project These fees are reimbursable from our Municipal State Aid construction account without affecting the money available for our regular neighborhood street reconstruction program. Recommend the City Council approve the attached Contract Amendment with SEIi to close out the Tti 65 Causeway project . Jt�lrl:cz Attachment 42 December 6, 2t�}4� Mr. 7on Haukaas, PE Directflr of Public Wor�s City of Frid�ey 643i University Avenue NE Fridiey, MN 55�432-43U3 I7ear. Mr. Haukaas: RE: Fzidiey, Minnes�ta Trank I�ighway 65 at Moor� Y.ake S.P.UZU7-74 SEH Na. A-FRIT1L.0004.iX1 This lett�x d�scribes the engineering sezvices compteted by SEH on beha�f of the Gity of Fridiey for rhe Trunk T�ighway {TI� GS at M�re Lake Praject. If acceptable, this Ieiter ws�uEd sexve as justi6cation for �n a�ncirr�nt to our original Bngineering Service� Agree�nt dat�d August 14, 2Q0(�. Qrigivally, t}� City's appcoach to this pmject was to complete a fxnal set of plans Ci�ai would be "on the sh�l#"' read�r to go when fiinding becaz� available. Ta� 204Q, zoadways with bottlene�cks were receiving a great deal of attention, and the pzoposed projeet to add additional aaxiliary l�es at Moaa�e Lake appeared #o hav� sc�port. Tt.ie City re,,ceived a$SOq,00U grattt tovvard compietion of the �relinaictazy and fival placts for a project estimat.eti to cost $6 miilitm doliars. As tha project has progressed throagh irhe desi�gni and r�view proeess, tlie fif�uud`uig atmospTaere and support foz t�►e project has changed significantly. Tlie legislature has .nat uaanaged to appcapciate adequ�te br.idge and roadway fands for �prt►jects tha# are desigz�ed aiad in Mntl70T's pr�gram. SEH a�d Ciry staff have endeavorexi w ke.�p fihis px�oject on track £or r�viev'r ax�d agprovai, but the pmject i�as run into signi�cant delays and lack of support by I4+ti�lDt7T because of their stret�hed resaurces in fundi�g atad pers�nnoX. - The ic�itial grant a1lc�atatln was riot envugh to complete the ptaus for this project The percentage design - %e versus construction estin�aie at Yhe beginni�tg of the project represented approxxtnately $°,b. The , budget was rev�sed in 2f}03 fo� an addi�tioual $25n,t�(f0. �-Iowcver, even with thc revision, it has not be�n ' possible to com�plcte the projcct withiiri the cw�zcnt budget. We believe tE�is is due to an uuderstated budget revisioEa, given the complexities and: elernents for design aud siso dne r.o inconsist.ent input frnm Mn1DC)T and tt�' lack of schedule for th�ir review, because the proje,ct is not funded a�td �n theiz program. One ch�ck on t%e appropx�ateness of a deszgn fee is to compare the fee to estimated const�vation cost. estt�mamated constxuctioc� cost at this tirne is between $12 rniilion� and $14 zx�iilian. The cutxent contract f $745,�St} which is S.7% of �13 miilion. Tb'rs does not r�present finai design anly, but also signifi pretimainary design, geotechnical ac�a(ysis, Proje�t Mer�norandum prepara.tion, suaveys, and ease� preparatiop.. �t is typieal far tht: finaI design fee faz a�ighway design project to be 8°,b (+1- cons�ruc�ion cost, An 8�, fee would be approximately $1 mitleon. The current desig�n far the �ra� wid�ning thhmugh Moore Lal�e, using s�eet pile wa11s, is sign'►�icandy less expensive than a bridg� op Howevez; the d�sign is much cnore cam.plex than the conshuctiou cast wouid indicaie. �e =. . is : �t :' z�t , of ` �, �n. The complexity af a design, where every ele�nt aff�cts anather, makes the proje�t much fnore sensitiye to plan revisio�s than a conventianat project. In additio�, due to the rnany design complexities, we have �perienced coor�iination and review issues with Mn/�T, espe,cially ns their staf� chauges and we introduce the project to aew reviewers. These factars, related ta the complexity af the design, alsc� ha�e cont�ibuted ta going ovez r� design 6udget. SFtort Etiiott Hetrdricksan irtc., 3535Vadnais CenterDriv¢, St ?aut, MN 5511b-519b SEH is an eqvai oppdrwnfty employe� � www.sehinc.eom' � b51.49U.2400 �&00.325.2055 � b51.490.2150 fax 43 Mr. Jan Haukaas, PE City of Fri�iley Decein�er b, 2(l04 Page 2 By the sutnrner of 24p3, many issues had been resolved, the pre�imii�ry layaut was appxoved� and w� were trying to complete tihe pian. Based an MnIDQT's re�oiYUnendation; we submitt�d the plan far review in August o�' ?4)Q3. At that tizn�, we felt �onficlent we were 9D% couz�lete and started to put Ei�e fuushing touches on the plans. Vi►'e submittect an invoiee far vc+ork compiated tltrnugh August �f 2t}U3 {caFY attach�d). This invoice t�rought vur total fee (azgher than our authar.ized fee kimit> but we held off an a request for a conaact arnendment so vve could scape final ct�mpietion of the p�ans a�tex z�eiving fi�nal MzalDC)T conunents. iiVe icrzew at that time tt�at our �antract would ret��ir� an amendment �lue to the an�ount of �hanges 11�In/llOT was reqnesting, #he delay in time, a�d com�le�city of the pians a�d review. The second attached invflice includes work after August af 2AU3 ta curxent. The ticn� included in t�ie s�cand iavoice includes desi�n, rev'rsions, and responses to MnlDC)T cvr�nents. burin� that time, we weze sti.11 e.nd�avoring to keep t6e gmject moving. Sorxxe af t�e non-�caniroVersial revisions were completed b�sed. on camments received from MnlUOT in Navember of 20f13. However, some of #he ccr�nm�nts received by 1l+t�IDUT suggested � camplete citrsure of TH 65 duci�►g cc�nst�uction. These changes wouid require a signifcant investment isy the City far revisians, esp�ecially since the staging plan and temporaY•y trafiic contrat far mai.ntaining traffic during canstruction had been comple�d, inctuding tempc�razy signal @esign at two intersections. Tt became evident, basec� c�n a meeting wit� Nia�1L)C3T, that the recomntendatiat� to cvnsiruct uz�der traffic ar cEose tlae raad dwning �onstructivn coulc� be subject to chan�;e. 4ther rnajar design isscies, such as the drainage and shoulder desigu, could change in �he fut�re as :well. At: the last ineeting with i�InIDC?T, it l�eca.m� very appar�t tit�►t cantin�ing W co�splete the pian without funding was nat �ct tha best interests of tha City. Given the dif�'zcuXty i+ve ha.ve enec��ntered a�hieving agreemern with 1VIn/DCYI' regarding review and approval-of the project-withocrt funding, it was decided ta put the pioject an hold urttil funding is secured and the project is afficiaEly pu# izx theix ,l�ra'grarn. SEH is �urrentip' combining �Eectrc�►ic design files and other design inform�ion so th� t�lect can be stored until �Iaat fiune. V�e be�eve the funal' glans are effectively 95`�a coztxpletie. Pl R '� R C � y describes the work priQZ to plan subrnit�l iu� A�ugust 2 i�eview letter, time spent ievising �on-cantroversial plan �af plan, and' rime spent reviesving; responding t� and meeti�. pxoject. In additicsn, the City requesied �EH to prep�.t�e. s.Municipal Agz�eezuez�t Pz�g�am at� (7ctober/November o�' 2 - Auguet ZA03 $ld,l 13.97 Counts $572 �k �'rior to MnIDOT %Tovember Review Let�er P1an I'reparati�n $48,�08 Proje�t Memorandurn $2,I77 ision to Plan Eletnents, Based on Cu�aaents Structural (99°,� complete) ��,� 1� Signal 17esign {999'o cvmplete� $8,32$ �pera�ive Agreemerct Submittal $9,817 DC7TReview and Coordiziation $10,19'7' 3, and also prior to .�znents such : as tbe �3. Total $9s�,�31.97 44 0 Mr. Jtsn Haukaas, PE City ofFritiley I3�cember 6, 2D44 �'age 3 Tlze current contract amount is $745,450. SEH respe�tful�y r�uests a conaa.ct ar�ndznent fax $95,23i.97, bringing the totat coniract amaunt to $84{},G81.97. This amount represents 6.5� percent of a �13 millicsn doiiar canstruction estivaate, and wouid conciade our vvork on this praject at this ti.rn�. This compensation is based on th� hot�rly cos# of personne� pir�s reimbursable expenses within khe terc�ras af onr origin�.t ccmtract. if this request is sati.sfactary, please sign 6e1aw and rewrn one c�py for our records. Payment of the tvt�o enctas�d inuoices would bring payment for this pro}�t up to cl�ate. Please contact rne if you have any questions, or need mare infom�atian. Respectfully SubzxtaCted, SIIC3�.2T Ei,L.IOT"�' HENDRIGKSa►N INC. �i���� Sus I, Mason, PE �ect h�iazsager E�closare nna City af Fridtey ' Accept�i this day of ' �y: ����: X� ��. r��� � � , t" wr_ f � cmr aF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 December 27, 2004 William Burns, City Manager � From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-06, Islamic Center of Minnesota M-04-170 INTRODUCTION The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. This private school and church exist as a result of a previously granted special use permit to allow a private school and church at this location. ANALYSIS The Islamic Center purchased the property in 1988. The AI-Amal School opened in September of 1994, and leased space in the building from the Islamic Center. The AI-Amal School provides education for children age's kindecgarten through 12th grade and was founded by parents and community members who wanted an alternative to public school for their children. AI-Amat School serves Muslim children and their families from both Twin Cities and their surrounding suburbs and is the only Islamic school in Minnesota. The Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school, with a two phased addition. The first phase o# the addition will extend to the northwest of the building and will include 14 classrooms, a lounge/meeting room, and restrooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase would continue beyond the first phase addition to the northwest of the existing building and will include a large multi-purpose space (gym/gathering space), locker rooms, a library, a bookstore, a new main entry, and various administrative offices. This phase would be 24,614 square feet and may be constructed within 5-10 years of completion of the first phase. PARKING The petitioner is short 30 parking stalls in meeting City Code parking space requirements for the existing building and the proposed Phase I addition. However, the petitioner contends that this school is unique in that they do not allow students to drive to school, and they have a shared parking agreement with Totino Grace. They feel that adding the additional parking stalls .� required by code would be wasted hard surface area. The petitioner has asked to be aliowed to demonstrate proof of parking for the extra 30 parking stalls to the east of the existing school as part of the proof of parking area for the Phase II addition. Should the City find they do not have adequate parking following construction, we can demand that at least part of the proof of parking is constructed as needed. LOT FRONTAGE Much discussion centered on the front of the lot and staff's determination of "lot frontage". Folks ' appeared to believe if the Gardena portion of the site were the front yard, that there would be setback problems with the project as proposed. That is not true. The school has the entire lot i on hillcrest that would be considered rear yard plus an additional 20 feet beiween the second phase building and adjacent rear lot lines. This property is peculiar in that it is odd shaped and fronts on 3 of the surrounding streets. It fronts on Gardena, Oakwood Manor, and Hillcrest Drive. Though the school does not own all the property directly at the corner of Oakwood and Gardena, the lot configuration is most like a corner lot. In a corner lot situation, Code would require that you take narrowest street frontage to determine the front of the lot. In this case, the narrowest lot dimension is on Oakwood Manor. Using Oakwood as the front lot, the setbacks of the new school addition offer the greatest distance between the new school and the adjacent residential dwellings. This interpretation requires a 40' setback from the west property line, rather than a 10' setback. Adjacent Hillcrest properties have larger than a typical back yard (over 100 feet between the dwellings and their rear lot line) and the building is still almost 20' from those rear property lines. This interpretation put both Hillcrest Homes and Gardena Circle homes at least 75' from the closest point of the new school additions. For comparison, if Gardena were to be considered the front of the property, the school could build within 40' of the Hillcrest Right- of-way (actually between two existing houses where the road would have gone. A side yard of 10' would have allowed the additions to be within 45' of the homes on Gardena Circle. Finally, for comparison, if Hillcrest were to be considered the front yard, the school additions could be constructed observing the proper front yard setback in an R-1 district of 25' from the Hillcrest right-of-way. This would mean that the rear yard would be Gardena and would be required to be 40', which the existing school can meet, but the west (Gardena Circle) setback would only be required to be 10' and that would place the additions within 45' of the dwellings. Folks appeared to be concerned about the interpretation; the piece staff believes they did not understand is that this gives the greatest distance for setbacks between existing dwellings and the new additions. PHASING OF THE SPECIAL USE PERMIT An attorney representing a group of neighbors suggested that the City is in violation of its own special use permit provisions by approving Phase II, but not starting it for 5— 10 years. This is not true. Having a special use permit for a 2— phase project is entirely appropriate. Code only requires that the project commence within one year of approval of the special use permit. It does not require that the project be completed within one year. Good planning will show all known phases at the time of the special use permit, if the phases are known. 47 �- _ POND Concerns were expressed regarding the pond. Any new project is required to have a pond to accommodate their storm water. What was proposed for this project is not unusual. The petitioner's engineers have designed a bench so that the immediate drop-off into the pond is not at full depth. Instead, the pond gradually reaches a depth adequate to provide the required storm water capacity. School representatives and their architect envision the pond as an amenity to the site. TRAFFIC NUMBERS A traffic count from 2001 is being used. Neighbors have expressed concerns that this count doesn't include Medtronic traffic however, at the time the count was taken; Medtronic traffic �t impacts could be measured and did not detrimentally affect Gardena Avenue. Jon Haukaas indicated that both Central Avenue and Highway 65 have seen major increases in traffic with the development of the Medtronic World Headquarters. There are streets throughout Fridley with a design similar to Gardena Avenue, but they have more traffic. Schools add some traffic, but not a lot. In the case of Gardena, the road is more than adequate to serve current and any additional traffic that may be generated by this 2— phase addition. A map of the last two year's traffic accidents has been created using actual police incident traffic data. The map shows one accident in the segment of roadway in front of the Islamic Center. The incident location was addressed to Totino Grace High School. PLANNING COMMISSION RECOMMENDATION At the November 17, 2004, Planning Commission meeting, a public hearing was held for SP #04-06. After receiving public comment and discussion from the Planning Commission, the Planning Commission recommended approval of SP #04-06, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PAST CITY COUNCIL ACTION At the December 13, 2004, City Council meeting, a public hearing was held for SP #04-06. After public comment was received, the City Council tabled action on this item until the January 3, 2005, City Council meeting. THE MOTION CARRIED UNANIMOUSLY. At the December 13, 2004, City Council meeting, Councilmember Billings asked to clearly articulate that this special use permit is a modification of the Islamic Center's existing special use permits and will therefore, supersede all other special use permits granted for this property. If this special use permit is approved, SP #04-06 will become the official special use permit for the property which allows a private school and religious activity center in an R-1, Single Family zoning district, which is generally located at 1401 Gardena Avenue. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. .; 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines, when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking shal� be installed. Provided below is a list of all the stipulations previously approved for special use permit related to the Islamic Center property. These stipulations are being provided to the Council as a historic reference and will be filed and recorded under Special Use Permit #04-06 as a comprehensive special use permit for the property. 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. (SP #88-17) 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). (SP #88-17) 3. If the agreement between Islamic Center and Totino Grace High School ceases to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. (SP #88-17) 4. Church services shall occur in the library and gymnasium only. (SP #88-17) 5. All existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. (SP #88-17) 6. Programmed activities shall not exceed the parking space available on site and at Totino Grace. In addition, the Center's programmed activities shall not conflict with those to Totino Grace's which would cause a shortage of parking space. (SP #88- 17) 7. The property owner shall take care of the weed problem by August 1, 1989. (SP #88-17) 8. All drop-off and pick-up of children shall occur on the premises. (SP #89-06) 9. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00 p.m. (SP #89-06) 10. The building shall meet the requirements of the State Daycare Regulations, the Uniform Building Code and the Uniform Fire Code, including the following: a. An enclosed outdoor play area adjacent to the facility, but located at the rear of the building. b. Outside exists from the daycare rooms. c. Fire alarms in each daycare room and in the hallway outside the daycare rooms. (SP #89-06) 11. The Islamic Center shall modify the parking lot as illustrated on the modified site plan prepared by staff and shown on Page 4H of this agenda as Plan A. (SP #89-06) 12. The petitioners shall complete stipulations #1, #2, #5, and #7 from SP #88-17: .• a. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. b. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). c. All existing hardsurFace areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. d. The property owner shall take care of the weed problem by August 1, 1989. (SP #89-06) 13. The dumpster and enclosure shall be tocated at the northwest corner of the building. (SP #89-06) 14. The grass between the existing driveway and the fence shall be maintained in a neat appearance. (SP #89-06) 15. The property owner shall maintain grass on a regular basis in compliance with the height maximum established in the weed ordinance. (SP #89-06) 16. The property owner shall install an eight foot fence along the east of the Foco's property from the rear of the Foco's garage to 40 feet north and a six foot fence on the remaining east lot line and on the north lot line of the Foco's property. The property owner shall work with City staff to develop a landscape plan to be implemented during the next three planning seasons. (SP #89-06) 17. That a variance is approved to increase the height of this fence to eight feet due to the hardship on the adjacent residential property. (SP #89-06) 18. This special use permit shall be reviewed by City staff for compliance at 6, 12, 18, and 24 months form the date the daycare center begins operation and a report submitted to the Council for those reviews. (SP #89-06) 19. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (SP #02-03) 50 City of Fridley Land Use Appiication SP #04-06 November 17, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Islamic�Center of Minnesota Anwar Abdel-Karim 1401 Gardena Avenue NE Fridley MN 55432 Requested Action: Speciat Use Permit to allow a school expansion in a R-1 Single Family Zoning District. Existing Zoning: R-1 (Single Family Residential) Location: 1401 Gardena Avenue Size: 603,968 sq. ft. 13.8 acres Existing Land Use: School and Religious Center Surrounding Land Use & Zoning: N: Single Family Homes & R-1 E: Single Family Home & R-1 S: Totino Grace High School & R-1 W: Single Family Home & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit for private schools. Zoning History: Meloland Gardens platted in 1920. Auditor's Subdivision #92 platted in 1949. 1967 — School constructed. 1988 — Special use permit issued to allow a religious facility. 1989 — Special use permit issued to operate a daycare. 2000 — Special use permit issued to add a modular classroom. 2002 — Special use permit issued to operate a daycare at the property at 1413 Gardena Avenue. Legal Description of Property: Lots 1 through 6, including Meloland Gardens & Lot 17 Auditor's Subdivision #92; except South 220 feet of said Lot 1; also except south 230 feet of said Lots 2& 3; also except that part of South 200 feet of said Lot 5, lying west of a line drawn parallel with east line of said Lot 5, from a point on south line of said Lot 5, 90 feet west of southeast corner of said Lot 5; also except south 200 feet of said Lot 6, also except road. �� Public Utilities: Building is connected. Transportation: Gardena Avenue provides access to the school. Physical Characteristics: School building, parking lot, landscaping, wetland, playground, ball fields. SUMMARY OF PROJECT The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit as it is a modification to their existing special use permit, which allows a private school and religious activities in the R-1 Sing/e Family District. City staff recommends approval, with stipulations. Private Schools and Religious Activities are a permitted special use in the R-1 zoning district. CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 13, 2004 (Existing building) Staff Report Prepared by: Stacy Stromberg SP #04-06 REQUEST The petitioner, Anwar Abdel-Karim, who is representing the Islamic Center of Minnesota, is seeking a special use permit to allow an expansion of the existing private school, which is located at 1401 Gardena Avenue. This private school and church exist as a result of a previously granted special use permit to allow a private school and church at this location. SITE DESCRIPTOIN AND HISTORY The subject property is located on Gardena Avenue, just east of the intersection of Matterhorn Drive. The Islamic Center property at 1401 Gardena Avenue also encompasses 2 single family lots. One of which, is located off of Oakwood Manor and is 60 ft. by 149 ft., and the other is located off of Hillcrest Drive and is 80 ft. by 227 ft. The Islamic Center also owns the property located at 1345 Gardena Avenue and 1413 Gardena Avenue. The property at 1413 Gardena Avenue is used to house a daycare center for the Islamic Center. All of the Islamic Center owned properties are zoned R-1, single family as are all surrounding properties. The property to the south of the subject property is Totino Grace High School, which is also a private school. Approximate outline ot tne isiamic �erner r►u��� �y The property was developed in 1967, when Gardena Elementary School was constructed. Gardena Elementary school opened because there was an abundance of children in this area and the existing elementary schools were overflowing. Gardena Elementary was designed to be a"walk to" school, children were not bused. This helps to explain the ownership of the lots on Oakwood Manor and Hillcrest Drive, and the corresponding trails to the school. 52 Gardena Elementary School closed in the fall of 1978, due to the projected decline in student enrollment. The school was then sold to Faith Academy and the �ity has since considered several special use permits applications for this property. The following is a summary of each: SP #86-10 — Faith Academy Faith Academy requested a special use permit be granted to allow a day care center at this site. The Planning Commission reviewed this request and recommended denial because there were health and safety concerns about the property's maintenance and there was an apparent lack of concern by the petitioner to remedy these poor conditions. This request was tabled by the City Council and subsequently withdrawn. 2. SP #86-16 — Church on the Move Church on the Move applied for a special use permit to allow a church and private school on September 16, 1986. This request was heard by both the Planning Commission and the City Council for a period of three months because of concerns regarding traffic, parking and recreational facilities. The City Council eventually approved this request with 15 stipulations. Several of these stipulations required the Church to sign and record a parking use agreement with Totino Grace High School. Totino Grace objected to this request which caused the City Council to reconsider the permit and denied it based on lack of parking. 3. SP #86-17 — Church on the Move In response to the denial of SP #86-16, Church on the Move applied for another special use permit to allow an automobile parking lot in the R-1 district. The Planning Commission tabled this item on January 28, 1987, because the petitioner's application was incomplete. The fee owner, School District #14, did not sign the application. Subsequently, this request was withdrawn. 4. SP #88-17 — Islamic Center of Minnesota The Islamic Center of Minnesota applied for a special use permit to allow a religious facility, which would provide services on Friday afternoon and occasional holidays. The services were to be held in either the library or the gymnasium. It was also noted that the Islamic Center has a cross parking agreement with Totino Grace High School. Both the Planning Commission and the City Council recommended approval of this request, with stipulations. 5. SP #89-06 — Islamic Center of Minnesota The Islamic Center of Minnesota applied for a special use permit to operate a daycare serving 35 children. Daycares are allowed in an R-1, Single Family zoning district with a special use permit. Both the Planning Commission and the City Council approved this request, with stipulations. It has been noted by prior City staff that this special use permit was never used. 6. SP #00-06 — Islamic Center of Minnesota The Islamic Center of Minnesota requested a special use permit to allow an expansion of their private school by adding a modular 5,640 square foot building to the existing school building. The building was intended for a 3 year period, until the Center could undergo their capital improvements plans to add a permanent addition to the school. This modular addition would be 53 2 located off the northeast corner of the building and would extend onto the property located at 1413 Gardena Avenue, which is also owned by the Islamic Center. The Planning Commission and City Council recommended approval of this special use permit request, with stipulations. The Islamic Center never added the modular addition; therefore, this permit was never used. 6. SP #02-03 — Islamic Center of Minnesota In 2002, the Islamic Center of Minnesota requested a special use permit to operate a licensed daycare at the property located at 1413 Gardena Avenue. In order to accomplish this, the existing home had to be converted to meet all county/state licensing requirements for a day care center. This special use permit was approved by the Planning Commission and City Council, with stipulations and exists today as a daycare center for the Islamic Center of Minnesota. ANALYSIS The Islamic Center purchased the property in 1988. The AI-Amal School opened in September of 1994 and leases space in the building from the Islamic Center. The AI-Amal School provides education for children age's kindergarten through 12"' grade and was founded by parents and community members who wanted an alternative to public school for their children. AI-Amal School serves Muslim children and their families from both Twin Cities and their surrounding suburbs and is the only Islamic school in Minnesota. txisting tsuuamg The AI-Amal schools classes are in session Monday through Friday, with extra-curricular activities provided in the evening. The Islamic Center holds Sunday school for children on Sundays and a time of prayer for the adults. No regular scheduled church services are currently being held at this property. 3 54 The Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school, with a two phased addition. The first phase of the addition will extend to the northwest of the building and will include 14 classrooms, a lounge/meeting room, and restrooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase would continue beyond the first phase addition to the northwest of the existing building and will include a large multi-purpose space (gym/gathering space), locker rooms, a library, a bookstore, a new main entry, and various administrative offices. This phase would be 24,614 square feet and plans to be constructed within 5-10 years of completion of the first phase. When the Islamic Center contacted City staff about constructing an addition to their building, staff asked them to master plan the site. Essentially, what that meant, was to show staff what they would consider to be the maximum build out on this site. The Islamic Center then met with their architect and drew up the proposed site plan. The AI-Amal staff have said that, Phase I is essential for the school to retain its student base. According to the Islamic Center, Phase II really isn't on the horizon to build any time soon, but was added to the site plan to show their master plan of the site. The multi-purpose room proposed to be constructed in Phase II will not be a Mosque. The Islamic Center's Mosque currently exists in Columbia Heights and they have no plans to relocate it, even if Phase II is constructed. It should also be noted that the minaret (tower from which the prayer catlings are made) shown on the site plan on the east side of the alcove on Phase I I will not be constructed. The Islamic Center has informed staff that they hadn't intended to have a minaret at this site and it shouldn't have been included on the site plan. The school currently serves approximately 300 children between the grades of K-12. When this building was originally constructed in the 1967, it was designed as an Elementary school. As a result, there is limited space available to service the middle school and high school grade children. Also, when this building was constructed there wasn't a need for things such as science labs, computer labs, etc. These types of services are essential for a private school to attract clients today. Currently, the gym serves as a recreational space for the children, the cafeteria, and a classroom for the high school children. The prayer room and library are also being converted daily into classrooms, and because of the lack of space most of the middle and high school grades need to be combined. The Islamic Center has noted to staff that this 36,537 square foot building would work wonderfully for the elementary children, but the need for the additional space is to attract and keep the children in the middle and high school grades. Therefore, the main reason for the addition is simply because they have outgrown their existing facility and because they want to provide additional high school education opportunities. They currently do not have space to incorporate certain educational needs; such as science labs, computer rooms, a library, and a music room. As a result of not having these types of services, the Center has lost some of their student body. Constructing this addition will reduce crowding and provide the extra space needed for special classrooms. The lslamic Center hopes this will result in bringing some of their lost student population back. Though the school will be physically larger, the student population and the teacher to student ratio will stay very close to what they currently have. This addition is meant to provide necessary space for the students and activities that already exist in cramped quarters. The Islamic Center has indicated to staff that they don't expect to grow much beyond the 300 students they currently have. One of the attractions to a private school is small class size, so 55 4 even with the proposed addition they believe that 500 students would be "a dream" but 400 total, is much more realistic. The AI-Amal website indicates that they hope to grow to 1,000 students. This statement has been clarified by the AI-Amal school to mean that it is the ultimate dream of theirs to be at 1,000 students; however, if that dream were to come true, the school would move to a different location. City staff had the opportunity to tour the Islamic Center building and the grounds. The tour made it very clear how crowded the building is and how essential Phase I is. Staff would encourage the Planning Commission members and any other members of the community to take a tour of the existing school facilities. The Islamic Center would be happy to grant this tour opportunity to you. � CODE REQUIREMENTS Fridley City Code requires that the minimum amount of parking stalls for this site is 212, with the existing building and Phase I and II. To meet those requirements, the petitioner will need to construct the code required parking stalls for the existing facility and Phase I, which is 102 parking stalls. The remaining 110 parking stalls can be a proof parking until Phase II would be constructed. The AI-Amal school doesn't allow their children to drive to school, which results in the need for less parking. The Islamic Center also has a cross parking agreement with Totino Grace. The agreement allows the Center to use Totino Grace's parking lot on a space available basis, when Totino Grace is not holding normal classroom activities. The Islamic Center has indicated to staff that they have a very close relationship with Totino Grace and they coordinate their schedules so both schools don't have big events happening at the same time. Fridley City Code also requires that the maximum lot coverage requirement in an R-1, Single Family zoning district is 25%. It also requires a 40 ft. rear yard setback. The proposed project with the existing and proposed additions has 13°/a lot coverage and a 40 ft. rear yard setback, both of which meet the code requirements. A church and school use in the R-1 Single Family zoning district, may be more closely compared to the CR-1, General Office zoning district requirements. This zoning district is more typical of businesses that can closely interact with a residential district. The code requirements allowed in this district are 40% maximum for lot coverage and a 25 ft. rear yard setback. Fridley City Code also requires lighting to be shielded and downcast and to not extend over the property line. The petitioner will need to comply with all code requirements, including but not limited to, lighting, screening, landscaping, etc. The exposed expansion of the school was designed in a manner that allows the scale to relate to the lower-rise residential structures that surround the campus. Phase I, is designed to primarily be a single story with some architectural embellishment that will then relate to Phase II, once it has been completed. Phase II has a large peaked roof over the multi-purpose area. The mass of this roof has been diminished by stepping it back beyond a single story facade. This has a positive influence in pulling down the scale of the taller portion of the building so again it can relate to the lower rise residential structures around it. The exterior material of the additions will be primarily stucco. Though the site plan indicates a Minaret, there will not be one since Phase II is meant to be school space, not Mosque space. 5 56 WETLAND AND RUN OFF ANALYSIS Fridley City Code does have a wetland overlay district, but it does not restrict how close a building can be located to a wetland. Therefore, City staff contacted the DNR to get their advice on what a proper building setback would be from the wetland located on the Islamic Center property. The DNR informed us that this particular wetland is not a"protected wetland." As a result, the DNR doesn't have restrictions on how close you can build to a non-protected wetland. The closest portion of the proposed building addition in Phase 2 would be 48 ft. from the delineated edge of the wetland. The petitioner has hired Brian Burgener, with Svoboda Ecological Resource, to delineate the existing wetland. The wetland has been delineated and the wetland boundary has been identified. Currently, the petitioner's consultant is working with the Rice Creek Watershed to evaluate any addition restrictions that might be on the site, in relation to the wetland. Fridley City Code requires that no land shall be altered in a way that would result in water run- off that would cause flooding, erosion or deposits of minerals on adjacent properties. The petitioner is proposing to locate a storm pond to collect a majority of their run-off on the lot at 1345 Gardena Avenue. Fridley Engineering staff will review the project to ensure that engineering calculations of the proposed projecYs engineer protects the integrity of the state's run-off requirement and to ensure neighboring property owners aren't affected by this addition. TRAFFIC ANALYSIS City staff reviewed the City's Comprehensive Plan's Transportation Chapter, to evaluate the traffic capacity for Gardena Avenue. It indicates that Gardena Avenue's daily traffic capacity is between 8,000 to 9,000 vehicles per day, to be considered to function at a Level of Service (LOS) D. The 2001 traffic count on Gardena Avenue, east of Matterhorn Drive was 4,150 AADT (vehicles a day), which is approximately 50% of the capacity it could handte in a given day. Currently, the students are dropped off in front of the school through the use of street/curb expansion. The proposed addition will allow the buses and parents to drop the children off in front of Phase I, within the new parking lot expansion; therefore, reducing congestion on Gardena Avenue. At the time this report was completed for the Planning Commission, staff was waiting on additional traffic information from the Engineering department. That information will be available for the Planning Commission meeting. PRIVATE SCHOOL COMPARISON — AL AMALNVOODCREST BAPTISTITOTINO GRACE AI-Amal School currently has 344 students. Woodcrest Baptist Academy has 235 students and Totino Grace has a student population of 1100 students. AI-Amal's campus is just shy of 14 acres. The current building for. the AI-Amal School is 36,537 square feet. The Phase I class room addition is 15,500 square feet and Phase 2 is 24,614 square feet. With both Phase I and Phase II built, AI-Amal school will occupy only 13% of their entire school property. The Woodcrest Baptist grounds are approximately 4 acres. Their total building area is 35,433 square feet. (orig. church 3472 square feet, 1967 addition 4,725 square feet, school 17,000 square feet, gym and prayer space addition 10,236 square feet.). Their lot coverage is 20% 57 6 Totino Grace High School has 30 acres and just over 250,000 square feet of building space. Their lot coverage is 19%. Another comparison would be to balance the student population to the square foot dimension of their respective facility. This number is derived from dividing the number of sguare feet of facility by the number of students who attend. Totino Grace has 227 square feet of space per student, Woodcrest Baptist Academy has 150 square feet per student, AI-Amal School has 106 square feet per student (current); AI-Amal School will have 153 square feet per student with the Phase I addition; AI-Amal School will have 227 square feet per student with Phase I and Phase II complete. City staff thought it was interesting to point out these comparisons, in order to show the relationship between each school and the amount of land owned and the relationship between the square footage of space and the student population. In all instances it shows that the AI- Amal school has less lot coverage and less student space per square foot than either of the other schools, even if Phase II is completed. RECOMMENDATIONS City Staff recommends approval of fhis special use permit, as it is a modi�cation to their existing specia/ use permits, which allows a private school and religious activities in the R-1 Single Family District. City Staff recommends approval with stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines, when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shalf be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking shall be installed. 7 58 � AGENDA ITEM � CITY COUNCIL MEETING OF � °F Janua 3 2005 F�io«r rY � To: William W. Burns, City Manager � rj1 � From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: December 29, 2004 Re: First Reading of an Ordinance to Amend Chapters 30, 603 and 606 of the Fridley City Code Pertaining to Lawful Gambling At the request of a councilmember, staff has reviewed the City.Code pertaining to lawful gambling to allow all lawful gambling organizations in the city to conduct any lawful gambling or use any lawful gambling device that is allowed by Minnesota Sta.te Statutes, Chapter 349. Approximately 30 years ago when lawful gambling became legal, the city council felt that "Clubs" had the right to conduct lawful gambling and that there would be no significant impact on the community. However, there was a fear that wide spread lawful gambling would have a negative impact on the financial ability of some of our citizens and, therefore, was limited to pull-tabs only and only in intoxicating liquor establishments. Since that time, the Minnesota Lottery has matured, Indian Gaming has multiplied and charitable gambling has proliferated. This ordinance would amend Chapters 30, 603 and 606 to a11ow a111icensed local gambling organizations to conduct lawful gambling allowed by MN Statutes, Chapter 349, rather than just limiting their lawful gambling to pull-ta.bs. While the ordinance would make it legal for other organizations to conduct the "paddlewheel" or "meat raffle", it does not require them to do either or both. StafFhas worked with the city attorney to review the City Code and amend it by this ordinance. Chapter 30 clazifies that lawful gambling may be conducted under Chapter 603, "Intoxicating Liquor" or Chapter 606 "Intoxicating Liquor On-Sa1e Club". By amending Chapter 30 you have clarified where and who may conduct lawful gambling. � Staff recommends discussing the amendment and holding the first reading of the ordinance. ��� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30, CHAPTER 603 AND CHAPTER 606 OF THE FRIDLEY CITY CODE PERTAINING TO LAWFUL GAMBLING The City Council of the City of Fridley does hereby find and ordain, after review, examination and staff recommendation that Chapters 30, 603 and 606 of the Fridley City Code be hereby amended as follows: SECTION 1: That Chapter 30 of the Fridley �ity Code is hereby amended as follows: CHAPTER 30. LAWFUL GAMBLING 30.02. DEFINITIONS The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter. Licensed organizations in the Citv of Fridlev ma�be permitted to conduct lawful �amblin� or use anv �amblin� device allowable bv Chanter 349. 30.03. REGULATIONS 1. Licensed organizations conducting lawful gambling within the City of Fridley shall expend fifty percent (50%) of its expenditures for lawful purposes conducted or located within the City of Fridley trade area. The Fridley trade area is limited to the City of Fridley and each city contiguous to the City of Fridley. 2. Licensed organizations conducting lawful gambling within the City of Fridley must file a copy of monthly gambling board financial reports to the Fridley Gity Clerk. 3. Licensed organizations conducting lawful gambling may not conduct lawful,gamblin� r""� operations in more than two premises in the City. 4. Licensed organizations conducting lawful gambling within the City of Fridley in an establishment licensed under Chapter 603 Entitled "Intoxicating Liquor" or Ch�ter 606 Entitled "Intoxicatin� Lic�uor On-Sale Club" of the Fridley City Code may s�a�l-e�3� sell pull-tabs from a booth used solely by the licensed lawful gambling organization, a~••" +°''� or conduct such other forms of lawful �amblin� with lawful �amblin¢ devices as mav be permitted bv state law and authorized andpermitted bv �e Citv. Lawful gambling shall neither be conducted se� by employees of the liquor establishment or conducted s�e�l� from the bar area. 5. Licensed organizations conducting lawful gambling in the City of Fridley shall be responsible for booths and other equipment used in lawful gambling. 6. No bingo hall license holder or lawful gambling license holder shall permit bingo to be conducted on the premises more than 4 days in any week, or permit more than 12 bingo occasions in any week. (Ref. 964) •1 Ordinance No. SECTION 2: That Chapter 603 of the Fridley City Code is hereby amended as follows: CHAPTER 603. INTOXICATING LIQUOR 603.24 GAMBLING ENDORSEMENT �- 1. Statement of Policy Page 2 On-Sale licensees under the provisions of this Chapter or Chapter 606 may request permission of the city council to permit state licensed organizations to conduct lawful gambling �� *'�° �-� �� Y"" +�a=r���- on the licensed premises. Application for a gambling endorsement shall be made to the city clerk with payment of the specified fee in Chapter 11 of the City Code. 2. Regulations Gambling endorsements on on-sale licenses issued either under this Chapter or Chapter 606 shall be subject to the following regulations which shall be deemed as part of the license, and failure of compliance may constitute grounds for adverse action as prescribed in the City Code. A. Use of the licensed premises sha11 be by means of a state approved lease agreement between the licensee and the licensed organization. A copy of the lease shall be filed with the city clerk, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: (1) Any � form of lawful gambling *'���* �'���� �° permitted by the state of Minnesota as defined by Chapter 349 and otherwise approved or licensed by the City may be conducted on the licensed premises �b�::'�° -���" *�'�� �„���•,°a �-�, *�� �*�*� (2) Pull-tabs shall only be conducted se� from a booth used solely by the licensed lawful gambling organization_; Lawful ambling shall neither be conducted se� by employees of the licensee or conducted se� from the bar service area. (3) The construction and maintenance of the booth used by the licensed lawful gambling organization shall be the sole responsibility of the licensed lawFul gambling organization. B. Only one licensed lawful gambling organization shall be permitted to conduct lawful ambling P��� ����� *��-� on the licensed premises. C. The licensee may not be reimbursed by the licensed lawful gambling organization for any license or permit fee, and the only compensation which the licensee may obtain from the licensed lawful gambling organization is the rent fixed in the lease agreement. D. The licensee shall be responsible for the licensed lawful gambling organizations conduct �� "°"'"" „••" +�'��. The city council may suspend the licensee's permission to allow lawful gambling on the premises for a period up to 60 days for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the ��� Ordinance No. Page 3 licensee or the licensed lawful gambling organization. A second violation within a 12 month suspension, and any additional violations with a 12 month period shall result in the revocation of the lawfizl gambling permission, and may also be considered by the cit council as grounds for suspension or revocation of the on-sale liquor license. SECTION 3: That Chapter 606 of the Fridley City Code be hereby amended as follows: CHAPTER 606. INTOXICATING LIQUOR ON-SALE CLUB ., 606.10. CONDITIONS 3. Onlv lawful gamblin� or lawful �blin¢ devices nermitted bv the State of Minnesota. and expresslv authorized and permitted bv the Citv of Fridlev pursuant to Chapters 30 and 603 shall be authorized on the licensed nremises. � - - - PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2005. Attest: Debra A. Skogen, City Clerk First Reading: January 3, 2005 Second Reading: Publication: 62 Scott J. Lund, Mayor � � CfIY OF FRIDLEY To: y From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF January 3, 2005 William W. Burns, City Manager �t�r Richard D. Pribyl, Finance Director Deb Skogen, City Clerk December 28, 2004 Italian American Club Foundation, Inc. Premise Permit at Fridley American Legion Post 303, 7365 Central Avenue NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley American Legion, Post 303, was conducting charitable gambling on their premises located at 7365 Central Avenue NE until mid-March when their license was suspended by an Administrative Law Judge's Order as a result of the activities of the paddlewheel. The American Legion filed an appeal and received a temporary permit to continue lawful gambling while their appeal was pending. On December 15, 2004, the MN Court of Appeals upheld an Administrative Law Judge's Order suspending their license for two years. After receiving a phone call from the American Legion to find out if another organization could conduct their lawful gambling, I contacted the Minnesota Gambling Control Boazd (GCB) to find out whether or not they could bring in another organization. The GCB stated the American Legion could bring in another organization to conduct their charitable gambling. After reviewing the City Code, the city attorney recommended changes to Chapters 30, 603 and 606 of the City Code to allow charitable organizations to conduct lawful gambling or to use lawful gambling devices allowable by state law. This ordinance is also before the City Council this evening. The American Legion interviewed several organizations to find an organization that would continue to fund the same programs the American Legion has been funding. The American Legion has signed a Lease for Lawful Gambling Activity with the Italian American Club Foundation, Inc. The premise permit application requires a resolution from the City Council approving the renewal. If the first reading of an ordinance amending Chapters 30, 603 and 606 was held, sta.ff recommends adopting a resolution approving a premise permit to the Italian American Club Foundation, Inc., for the American Legion located at 7365 Central Avenue NE. If approved, the premise permit would become effective in about two months and expire in 2007. Please find a resolution approving the premise permit. 63 RESOLUTION NO. 2005-, RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR THE TTALIAN AMERICAN CLUB FOUNDATION, INC. AT THE FRIDLEY AMERICAN LEGION POST 303 LOCATED AT 7365 CENTRAL AVENUE NE. WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota t Lawful Gambling Premise Permit for the Italian American Club Foundation, and WHEREAS, the location of the Premise Permit is for the Fridley American Legion, Post 303, at 7365 Central Avenue NE; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Italian American Club Foundation, Inc., at the Fridley American Legion, Post 303 premises located at 7365 Central Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2005. " ATTEST: DEBRA A. SKOGEN - CITY CLERK .� SCOTT J. LUND - MAYOR � � CffY OF FRIDLEY DATE: T0: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 December 28, 2004 William Burns, City Manager ,� � � FROM: Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Siah St.Clair, Springbrook Nature Center Director Julie Jones, Planning Coordinator SUBJECT: Springbrook Watershed Pro'ectlRestoration Plan M-04-174 Background Since June 2002, the City of Fridley has been coordinating a mult jurisdictional effort to restore emergent plant vegetation in the Springbrook Nature Center wetlands. Over this coming winter, the Advisory Committee, overseeing this project, is prepared to move forward with its final storxn water treatment project, which will occur within the Nature Center borders. This project will require the removal of a number of trees in the Nature Center. Extensive landscaping will be done in the spring of 2005 to restore the area impacted. While it is unfortunate that trees must be removed in order to restore the streambed within the eastern part of the Nature Center, this work is necessary to restore the wetlands within the park, which are an important part of the wildlife habitat the park provides. The purpose of this project is to stabilize the section of Spring Brook which enters the park on the east side and leads west to the park's main wetland complex. This streambed is extremely eroded and is thought to be part of the cause of sediment smothering plant root rhizomes in the Park's wetlands. Stabilization of this section of Spring Brook is now possible since the storm water pond at University and 85`h was expanded last year, significantly reducing peak flows into the stream from the east. The storm water treatment project proposed involves installing a 48" bypass pipe (shown in red on the attached photo) next to the existing stream coming into the park on the east side. The function of this pipe will be to bypass the stream (in white) in times of a heavy rain storms. These flows will be brought to the surface near the eastern edge of the park's main wetland complex. The strea.mbed will be re-meandered and raised and widened in parts (see stream cross-section graphic at bottom of drawing) to stabilize it and prevent further erosion. City Code Section 510.01 (attached), Tree Preservation, requires Commission and Council approval of any tree removal in a public park. Staff interprets that this project falls under paragraph 3 of 510.01, tree removal for purposes of public utility construction. The Parks and Recreation Commission reviewed the plans at their November and December meetings and have approved the attached restoration plan. The Planning Commission reviewed the attached materials at their December 15 meeting and gave their approval also. 65 Because the exact area of removal of trees will be adjusted at the time of construction to save certain trees, it is not possible to submit a drawing indicating a precise landscaping plan. However, as the attached letter from WSB indicates, the reforestation plan relies primarily on the natural sprouting of seedlings in the impacted area with new trees and shrubs planted in strategic locations to screen trails and view of Springbrook Apartments. Staff's experience following the 1986 tornado demonstrated that it is futile to plant tree seedlings in this part of the park. Deer consume the seedlings despite all feasible means of screening the plants. With the deer population in the park about ten times what it was back in the 80's, staff does not recommend dedicating landscaping funds for this project to massive tree planting efforts. In addition, trees that naturally sprout on their own will not need to be hand watered to survive. Despite the difficulties with the deer, Nature Center staff will be seeking volunteer assistance to reforest the area using donated or onsite, transplanted materials. Besides the replacement of trees, re-vegetation of the streambank is also part of this reforestation plan. The wood fiber blankets being installed will be seeded with a woodland/wetland seed mix and are designed to let the existing seedbank sprout and grow through it. Again, volunteers will likely be utilized to supplement these efforts. The Springbrook Watershed Project Advisory Committee approved the final design plans, authorizing bids for the project at their December 1 meeting. The award of the bid and approval of the construction contract, according to the final design plans, must be completed by the Fridley City Council, as Fridley is the Project Sponsor. The financing of this part of the Springbrook Watershed project comes primarily from State Clean Water Partnership grant funds. However, previously committed city funds from all four participating cities are also going into this project. Recommendation Staff recommends that the City Council approve the attached resolution, which approves the project design plans, the landscape restoration plan, and authorizes the advertisement for bids. Pending a successful bidding process, City staff plans to bring an approval for bid award on this project back to the City Council on January 24 as it is critical that the selected contractor be given ample cold-weather time to complete the project. ,� • f b N � �d N g � T � � D 1 A R �' C � � m � Z • J � O ' Z T m x 7J � � y i v � � � m z w (p C N N O :O � � � Z % y � 7 � rn N Z C n � � N N ti � 0 A W Z 8 � � p � � I � m D � � m � --� O � � � O Z � D z � D oi m a Bs� a � '� � � < � ci h 8soa I D d � y I � � /6 _ I�I � 80 � I c. �e . � . m S A � { _ � � D TI "�. ma �. ��..� � Vt r— � �� ai � � �re � , � � �' �3, _ � j = � _ � �}� r , a' �,. , ,, << � � ��s ` , � ��� �/%s.' � � d I 6�BRRID ev. 61.2 h s.4 � 6 B � �/$sa 8'/S.S � // III �. 9/95.] . �I� . . U BS'.i:b . . I �. � 1 � essa v �' �. �c.s. . {.I � . . o �e.� . � m� � . . 'I A A �6 3 D V � � ��5 A , � , �� � e/%' . . u GE�--fE e �E 8 3 \ � . 6 z .� I� �. , l' I � l, � , 0 � d58A , BSBA 1 � BSBA � A ` � �TB ' � � � �i6 _ _, �D �_ , m " 1,9 � m ;� � ls , � � ls � � ,� � �� a� � � �9; , � I} � � I9, � �s6 _ ;�. o �� � � � A ��� � � �s � ; � I9� � � �9� � � ID � � , � I�;�, o �� �, I XII � i "i � � i� iI d ro� , a� i p. � � i � — --� � A � S) 0 0 0 � � � � , ,,. :{� � �. ,+•�: , , •° � �;�� � � a. � ` , . w � � ti,''� � � � i f � !i^ + � � �� � �r ' t� i � � :5 3` � . .. °i'' �'�;� Gd-� ._'r, ! �' �' J � �. : �� !° i� _..� � �r �! �_ � � 1 �. . � �, 4, . °'r� Z � � .� � C � � m m z c� z m m z c� v zw z � � � O n N � A W � � Z g - \ '� � � 0 X � oi 3D m c � N N O � O y' C y � � � Z C � � N � W 3 � O �T / � rn rn � rn � � O � D � O z -v r D Z O � � � � RESOLUTION NO. -2005 A RESOLUTION APPROVING DESIGN PLANS, LANDSCAPE RESTORATION PLAN, AND ORDERING ADVERTISEMENT FOR BIDS: SPRINGBROOK CREEK RESTORATION PROJECT NO. 358 WHEREAS, the City of Fridley is participating in the Springbrook Watershed Clean Water Partnership Grant Project with the intent of restoring the wetlands at Springbrook Nature Center in Fridley, and WHEREAS, the City of Fridley is the project Sponsor for the Springbrook Watershed Project and thus is responsible for coordinating the bidding process for the project components as part of the City's responsibility of managing the finances for the grant project, and ! WHEREAS, the Springbrook Watershed Project Advisory Committee has reached agreement on design plans for a streambed restoration project that will protect the Springbrook Nature Center wetlands but will involve the removal of many trees in the park, and WHEREAS, Section 510 of Fridley City Code requires approval by the Parks and Recreation and Planning Commissions, as well as, the City Council before any trees may be removed on City-owned land. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the streambank restoration work recommended for completion by the Springbrook Watershed Project Advisory Committee and the work involved in said improvement shall hereafter be designated as: SPRINGBROOK CREEK RESTORATION PROJECT NO. 358 2. The plans and specifications prepared by WSB and Associates for the Springbrook Creek Restoration Project, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under the Springbrook Creek Restoration Project will be one contract. 4. The landscape restoration plan prepared by WSB and Associates, related to the removal and replacement of trees within Springbrook Nature Center, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids according to the approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that the bids will be opened at 10:00 a.m. on MONDAY, JANUARY 24, 2005, in the Council Chambers of the Fridley Municipal Center, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. The advertisement for bids for the Springbrook Creek Restoration Project shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JANUARY, 2005. ATTEST: DEBRA A. SKOGEN — CITY CLERK 67 SCOTT J. LUND — MAYOR FRIDLEY CITY CODE CHAPTER 510. TREE PRESERVATION (Ref. 559) 510.01. DESTRUCTION OF LIVING TREES No person or corporation, public or private, including but not limited to the City of Fridley, its officers, employees or agents, shall order or cause the injury or destruction of any living tree on City-owned land except under any of the following conditions: 1. For control of verified cases of Oak Wilt or Dutch Elm disease as provided in Chapter 104 of the Fridley City Code; 2. For purposes of woodland management, the removal of up to three (3) trees per acre per year may be permitted, but only after a management plan justifying such removals has been approved by the Fridley Parks and Recreation Subcommittee, the Fridley Planning Commission and the Fridley City Council. No tree removal shall be allowed under the provisions of this Paragraph which is not defined in the plan; or, 3. For purposes of necessary public utility construction, but only after the preparation of a detailed plan and approval by the authorities named in 510.01.2. No such plan shall be approved that does not provide for reforestation and the restoration of the land to its original condition. 510.02. EXEMPTION Trees measuring less than three (3) inches in diameter at a point four (4) feet above ground are exempt from the provisions of this Chapter. 510.03. TRIMMING Nothing in this Chapter shall be construed to pre�ent the routine trimming of trees in street right-of-ways. 510.04. VIOLATION Any person who violates this Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. The injury or destruction of each protected tree shall be a separate violation. ���7 INVITATION FOR BIDS SPRINGBROOK NATURE CENTER STORM SEWER IMPROVEMENTS AND CHANNEL RESTORATION FOR THE CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Fridley until 10:00 a.m., January 24, 2005, at the Fridley City Hall, 6431 University Avenue Northeast, Fridley, MN, and will be publicly opened and read at said time and pl�ce by representatives of the City of Fridley. Said proposals for the furnishing of all labor and materials for construction of the following approximate quantities: 2,000 Lin. Ft. Stream Restoration. 1,400 Lin. Ft. 48" Storm Sewer 2 Acres Tree Removal or Grubbing 2 Acres Restoration The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans, and Specifications as prepared by WSB & Associates, Inc., 701 Xenia Avenue, Suite 300 Minneapolis, MN 55422, which are on file with the City Clerk of Fridley and may be seen at the office of the Consulting Engineers or at the office of the City Clerk. Copies of Proposal Forms and the Plans and Specifications for use by contractors submitting a bid may be obtained from the Consulting Engineers, WSB & Associates, Inc., 4150 Olson Memorial Highway, Suite 300 Minneapolis, MN 55422, upon deposit of Fifty Dollars ($50.00) (non-refundable) per set. Project documents are also available at http://www.auestcdn.com. You may download the complete set of digital bidding documents for $25.00 by entering eBidDoctm #315942 on the "Search Projects" page. Please contact QuestCDN.com at 952-233-1632 or info(a�auestcdn.com for assistance in free membership registration, downloading, and working with this digital project information. No bids will be considered unless sealed and filed with the City of Fridley and accompanied by a cash deposit, cashier=s check, or certified check, or bid bond made payable to the City of Fridley for five percent (5%) of the amount bid, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder fail to enter promptly into a written contract and furnish the required bond. No bids may be withdrawn for a period of ninety (90) days from the date of opening of bids. The City of Fridley reserves the right to reject any or all bids. DATED: January 4, 2005 PUBLISHED IN THE: Columbia Heights/Fridley Focus Construction Bulletin SPRINGBROOK NATURE CENTER STORM SEWER IMPROVEMENTS AND CHANNEL RESTORATION CITY OF FRIDLEY ANOKA COUNTY WSB PROJECT NO. 1449-02 • � BY ORDER OF THE CITY COUNCIL s/s William W. Burns City Manager Fridley, MN January 6 and 13, 2005 January 7 and 14, 2005 IFB � � CtTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 3, 2005 Date: December 27, 2004 To: William Burns, City Manager 1�� � From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #04-14, St. Philip's Church M-04-171 INTRODUCTION St. Philip's Lutheran Church is seeking a variance to increase the size of a free-standing pylon sign from 32 square feet to 78 square feet. The petitioner plans to remove the existing temporary signs and relocate the information currently presented on the existing monument and temporary signs to the new pylon sign to be located on the northeast corner of the property along Highway 65. The existing corner monument sign structure would remain, but the churches name would be removed and the site address added in place of the name. In order to incorporate all of this information into one larger sign, the petitioner plans to later request a special use permit to incorporate an electronic reader board section on the bottom of the sign. APPEALS COMMISSION RECOMMENDATION At the December 8, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-14. After a brief discussion, the Appeals Commission recommended denial of VAR #04-14. THE MOTION CARRIED ON A 4 TO 1 VOTE. STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. All temporary signs located on the property shall be removed immediately and this property shall be subject to the sign code standards for temporary signs. 2. Existing corner, brick monument sign will be modified to remove name of church and only contain the address of the property. 7� A 3. The minimum height from the bottom of the new pylon sign and the finished ground grade shall be 10 feet or the sign will be placed at least 25 feet back from all property lines. 4. No additional pylon signs are allowed on this site. 5. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of , messages which makes the sign less in compliance with requirements. � B. The supporting structure of the sign is replaced or remodeled. ;°" C. The face of the sign is replaced or remodeled. ` D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. � 71 City of Fridley Land Use Application VAR #04-14 December 1, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: ; Howard Helgen, President � St. Philip's Lutheran Church � 6180 Highway 65 NE Fridley MN 55432 Requested Action: Variance to exceed sign code size requirements Existing Zoning: R-3, General Multiple Dwelling Location: 6180 Highway 65 NE Size: 7 acres Existing Land Use: Church Surrounding Land Use & Zoning: N: Miller Funeral Home & C-3 E: Moore Lake Shopping Center & C-3 ' S: Moore Lake & P W: Single Family Homes & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.05.6.A limits the maximum size of an institutional sign to be 32 square feet in area. Section 214.11.2.D requires free standing signs to have a minimum of 10' from the bottom of the sign to the finished ground grade when within 25' of any driveway or corner vision safety zone. Zoning History: t 1955 — Lot is platted. � 1958 — Church constructed. - 1959 — Education building added. 1965 — Santuary added. 1991 — Building addition. Legal Description of Property: 72 Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition Public Utilities Building is connected. Transportation: The property receives access from West Moore Lake Drive and Highway 65. Physical Characteristics: Lot is fully developed, contains buildings, parking, & landscaped areas. SUMMARY OF PROJECT St. Philip's Lutheran Church is seeking a variance to increase the maximum size of a free standing sign from 32 square feet to 78 square feet at 6180 Highway 65 SUMMARY OF HARDSHIP "Our situation is unique. The variance will not alter the character of the neighborhood. We had nothing to do with our zoning classificafion or the sign size of the businesses on our corner. We cannot `reasonably' use our property if our proposed sign is dwarfed by other signs at our intersection."—see attached letter. SUMMARY OF ANALYSIS City Staff recommends denial of this variance request. • Petitioner has no statutory defined hardship. • Two similar variance requests have been denied to churches in the past. CITY COUNCIL ACTION / 60 DAY DATE City Council — January 3, 2005 60 Day Date — January 3, 2005 Staff Report Prepared by: Julie Jones �1 VAR-04-14 REQUEST St. Philip's Lutheran Church is seeking a variance to increase the size of a free standing pylon sign from 32 square feet to 78 square feet. The petitioner plans to remove the existing temporary signs and relocate the information '' currently presented on the existing monument and temporary signs to the new pylon sign to be located on the northeast corner of the property along Highway 65. The � existing corner monument sign structure would remain, but the churches name would be removed and the site address added in place of the name. In order to incorporate all of this information into one larger sign, the petitioner plans to later request a special use permit to incorporate an electronic reader board section on the bottom of the sign, which is shown as blank on the attached sign illustration in your packet. Proposed Sign Location on corner The petitioner is proposing to place the new pylon sign 10 feet back from the north and east property lines. Their sign illustration, however, shows only 9' of clearance below the bottom edge of the pylon sign. A stipulation will need to be placed on this variance, if approved, requiring the minimum 10' clearance or placement of the sign at least 25' back from the property lines, as the petitioner is not seeking a variance to this requirement. SITE DESCRIPTION AND HISTORY The property is zoned R-3, General Multiple Dwelling District. Surrounding properties to the west are zoned R-1, Single-Family Residential. Surrounding properties to the north and east are zoned C-3, General Shopping. St. Philip's Church is located at 6180 Highway 65, on the corner of West Moore Lake Drive and Highway 65. The original church building was constructed in 1958 and there have been several additions to the property since then. 73 Besides serving as a community church, St. Philip's Lutheran Church contains a daycare and shares its facilities with many community groups for their meetings. The church also provides an after school program for at risk youth from the Fridley schools. This property has had two free-standing sign permits in the past, one issued in 1978 and one in 1994. The permit issued in 1978 was for the existing corner monument sign, which bears the name of the church. The other 1994 sign permit was for a temporary sign permit, which was for two years. After the expiration of that temporary permit, staff „ noticed that the sign had not been removed and informed the church of the violation. The church ended up requesting and obtaining a one-year extension from the City � Council on the temporary sign permit. In 2000, the temporary sign, bearing information about worship and Sunday school hours had not been removed. In addition, a second temporary sign, promoting the daycare at the church had been added. Properties are only allowed one temporary sign. The church was informed of the violations again. Today, the daycare sign has been removed, but the temporary sign, which should have been removed several years ago, is still in place. CODE REQUIREMENTS Section 214.05.6.A of the City Code allows the maximum size of a free standing institutional sign in a residential district to be 32 square feet in area. The petitioner is seeking a variance to increase the size to 78 square feet. PREVIOUS CASES There are two other churches in Fridley located on busy thoroughfares that have applied for variances to the maximum free-standing sign 32 square footage requirement for a residentially-zoned property. In 1993, Grace Evangelical Free Church at 755 — 73rd Avenue applied for a variance to have a 40 square foot sign. In 2000, Woodcrest Baptist Church applied for a variance to construct a 70 square foot sign. Both of these variance requests were denied. In addition, staff has investigat�d what other cities' sign codes permit in this case. Most do not allow more than 32 square feet of free-standing signage for a church in a residential district. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. None of the four conditions required have been met by the petitioner. Therefore, by Code, the sign variance should not be granted. The four requirements and an explanation of how the petitioner has failed to meet these mandatory requirements are listed below. 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The petitioner argues that the church's location in a primarily commercially-zoned area is a unique circumstance, making their signage difficult to see when surrounding signage is allowed to be much larger in size. However, the mere size of the church campus and the architecture of the building with the pronounced spire make it clearly visible as a church without any need for signage. The church campus is separated by 74 the distance of wide road widths from the nearby commercial on three sides and the lake on the south, making the property highly visible. There are many other churches in Fridley located on busy road ways, also zoned in residential districts, which have had to abide by the residential signage size limitations. One of these churches on University Avenue has actually been denied a similar variance request just four years ago. There are no unique physical features to the applicant's property to justify a hardship. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Larger signs that do not meet code are not a property right possessed by other adjoining properties within the same vicinity. Only one of the surrounding commercial properties, Moore Lake Shopping Center, has been awarded a pylon sign size variance, and this variance was justified as they combined the potential for several allowed 80' pylon signs into one larger sign. Denying a variance for the excessive size of the signage does not eliminate the opportunity for signage on the property. The petitioner has the opportunity to install a 32 square foot pylon sign and still keep their existing monument sign, provided they change the lettering and use it as an address sign. In addition, residentially zoned properties are permitted to have up to three square feet of wall signage. Possibly the church could use this option to display information about the daycare or church service times. 3. That the strict application would constitute an unnecessary hardship. City staff has not been able to identify any hardship for the increased size request. The petitioner argues that a 32' sign would be "dwarfed" by other signs at the intersection. However, there are no existing signs blocking view of the proposed sign location from any direction as you approach the East Moore Lake Drive/Hwy. 65 intersection. Strict application of the 32 square feet size limitation would still afford the church a highly visible sign. A nearby example is the 32 square foot electronic sign recently installed at the Fridley High School. It is very visible from at least a block away. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. , A larger sign at the church property would not be detrimental to businesses at nearby commercial properties. It may have an impact on and be noticed by nearby residential properties, however, because the sign would be visible to homeowners on West Moore Lake Drive when placed at the corner of the church property. In addition, a larger sign would hinder the view of one of the most scenic views of Fridley — West Moore Lake as you drive southbound on Highway 65. One of the purposes of the sign code requiremerits is to reduce the size and amount of signage allowed on a property in order to reduce visual pollution. A larger than allowed sign would impact a scenic area of Highway 65. RECOMMENDATIONS City Staff recommends denial of this variance request. • Petitioner has no statutory defined hardship. 75 • No comparable variances have been granted over the past 11 years. STIPULATIONS City Staff recommends if this variance request is granted thaf the following stipulations be attached. 1. All the temporary signs located on the property shall be removed immediately and this property shall be subject to the sign code standards for temporary signs. 2. Existing corner, brick monument sign will be modified to remove name of church and only contain only the address of the property. 3. The minimum height from the bottom of the new pylon sign and the finished ground grade will be ten feet or the sign will be placed at least 25' back from all property lines. 4. No additional pylon signs are allowed on this site. 5. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. 76 CITY OF FRIDLEY APPEALS COMMISSION MEETING DECEMBER 8. 2004 CALL TO ORDER Chairperson Kuechle called the December 8, 2004, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL Members Present: Ken Vos, Larry Kuechle, Blaine Jones, Brian Sielaff, and Gary Zinter. Others Present: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Howard Hetgen, St. Philip's Church, Petitioner Allen Spitzer, St. Philip's Church Gordy Wallenstein, Furniture Outlets USA, Petitioner David Baillie, Furniture Outlets USA, Petitioner APPROVAL OF MINUTES OF SEPTEMBER 8, 2004, MINUTES MOTION by Mr. Jones, seconded by Mr. Zinter, to approve the minutes of the September gtn, meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. Variance Request VAR #04-14 bv St. Phillips Lutheran Church for consideration of a variance to increase the maximum square footaqe of a free- standinq siqn from 32 square feet to 78 square feet, qenerallv located at 6180 Hiqhwav 65 NE. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING OPENED AT 7:35 PM. Julie Jones stated the petitioner is seeking a variance to increase the size of a free-standing pylon sign from 32 to 78 square feet. The subject property is zoned R3 and in this district an institutional sign is allowed. The property is surrounded by C3 to the north and east and by single family to the west and Moore Lake to the south. The church has existed on the property since 1958 and has had several additions over the years. The church has two access points, one on the north side of the property to West Moore Lake Drive and one access point on Highway 65. The church contains a day care, space for community meetings and an after school program. 77 � CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 2 of 6 Ms. Jones explained they have had two free-standing sign permits in the past; one issued in 1978 for the existing corner monument sign and a temporary sign permit in 1994 for the existing church service hours sign. This temporary sign was due to be removed years ago. They also had an additional temporary sign on the property for which they did not get a permit. The signage thaYs permitted for this property by City Code is an institutional sign up to 32 square feet in area. The existing corner monument sign can stay even with the pylon sign providing they change the lettering on the monument sign to reflect the address only. Residential properties are also allowed to have one wall sign up to three square feet. Ms. Jones stated that staff has looked into whether there were similar cases in the City. There are two other Fridley churches on busy thoroughfares that have applied for variances to the maximum sign size and which were also localed in residential zoning. In 1993, Grace Evangelical at 755 73�d Avenue applied for a variance for a 40 square foot sign and that request was denied. In 2000, Woodcrest Baptist Church on University Avenue applied for a variance to construct a 70 square foot free standing sign and that request was also denied. City staff also looked into what is permitted in other cities, Ms. Jones explained, and that survey found that the 32 square foot limitation is fairly common. Ms. Jones referred to the hardship statement by the petitioner as follows:"Our situation is unique. The variance will not alter the character of the neighborhood. We had nothing to do with our zoning classification or the sign size of the businesses on our corner. We cannot `reasonably' use our property if our proposed sign is dwarfed by other signs at our intersection." Ms. Jones reviewed a schematic of the proposed sign. She stated the petitioner has indicated that if the variance is approved, they will likely apply for a special use permit to have an automatic reader-board type feature in the bottom of the sign. In the site plan submitted by the petitioner the location of the sign will be at the northeast corner of the property just to the side of their existing monument sign. Ms. Jones further explained that in order to approve such a variance request, there are four conditions that must be met: 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity. Ms. Jones stated the petitioner argues that the church's location in a primarily commercially zoned area is a unique circumstance, making their signage difficult to see when surrounding signage is allowed to be much larger in size. However, staff contends that the church is highly visible. IYs not hidden by a significant number of trees or anything blocking clear view of the church from the highway. IYs pretty obvious from the church structure itself that it is a church. Staff was not able to find any unique physical characteristics to the applicanYs property that would justify a hardship in this case. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Ms. Jones stated the staff looked into the history of such variances at other churches and found that no other church in a similar circumstance had been given a variance to sign size. The church does have an opportunity to provide visible signage. They are allowed to have up to a 32 square foot pylon sign without a variance. : CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 3 of 6 3. The strict application would constitute an unnecessary hardship. Ms: Jones stated staff feels that the 32 square foot pylon sign would easily be viewed from the highway. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Ms. Jones stated the petitioner has indicated that the residential area to the west would not be affected by the larger sign. However, staff points out that a larger sign could inhibit southbound view of West Moore Lake along Hwy 65 which is probably the most scenic area we have along a major thoroughfare in the community. Also, a larger sign would probably be visible from the residential area to the west depending where it is placed on the corner. And there are multi-family residential properties to the northeast that would likely have visibility of this sign. Ms. Jones stated that staff recommends denial of this request because the petitioner has no statutory defined hardship and there are no comparable variances that have been granted over the past eleven years. If the Commission does decide to grant a variance, staff recommends the following stipulations be attached. 1. All the temporary signs located on the property shall be removed immediately and this property shall be subject to the sign code standards for temporary signs. 2. Existing corner, brick monument sign will be modified to remove the name of the church and contain only the address of the property. 3. The minimum height from the bottom of the new pylon sign and the finished ground grade will be ten feet or the sign will be placed at least 25 feet back from all property lines. 4. No additional pylon signs are allowed on this site. 5. This variance shall remain in effect unless any of the following occur: a. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. e. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. Chairperson Kuechle asked if this property were zoned commercial what the sign allowance would be. Ms. Jones responded that the sign size allowance for a commercial property, like those across the street, is 80 square feet. Commissioner Sielaff questioned the 10 foot minimum from the bottom of the sign to the ground. Ms. Jones explained that would be to ensure clear visibility for traffic. 79 CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 4 of 6 Howard Helgen, President of St. Phillips Lutheran Church, stated they are not asking for any special privileges, but simply want to be treated similarly to their commercial neighbors. The church is located on a busy commercial corner, and for reasons they have nothing to do with, their property is zoned residential. The character of the area is commercial. The staff report has focused on comparing this petition to other churches, but the other church situations are not comparable as there are no other signs surrounding Grace or Woodcrest Church. They do not believe the permitted 32 square foot sign would be effective in the St. Phillips location. The property across Highway 65, Brand Name Deals, has over 200 square feet of signage including a 72 square foot pylon sign. The sign St. Phillips is proposing will be an asset to the city as it will have amber letters, will publicize the mission and ministry of their congregation and it will alert the community to the many activities they have, including an after school program, and many other community groups. He stated many people drive by their intersection and are not able to identify it as St. Phillips. Directly across to the north, Mr. Helgen pointed out that the Miller Funeral Home has an 80 square foot sign. To the northeast, he stated the Moore Lake Commons sign which is 240 square feet, over 3 times the size of their proposed sign. To the north of the Miller Funeral Home there is a Crown Trophy sign which is 64 square feet and the Maple Lanes Bar & Grill sign is 86 square feet. Mr. Helgen stated the staff report does not focus on the key elements which is the commercial signs in the area. He claims St. Phillips does satisfy the four criteria required for such a variance as their church's request should be compared to the commercial signs in the area rather than other church signs not surrounded by commercial development. Referring to the staff's comparisons to Grace and Woodcrest, Mr. Helgen stated St. Phillips is located on Hwy 65 which is a much busier and faster thoroughfare. Also Grace Church is located on a service road and neither have commercial signs around them. Mr. Helgen also stated that St. Phillips will be celebrating their 50th anniversary in a couple of years and they have invested a lot of money in this community. They are frustrated with their sign situation. They have been studying this for a long time and have budgeting money for a long time. They now have a sign proposal at a cost in excess of $35,000 because they feel it will be an asset to the community will publicize the mission and ministry of St. Phillips and will allow the community to know more about their programs. Referring to the second requirement, Mr. Helgen stated that staff has ignored the 72 square feet versus the 80 square feet comparison for the commercial signs in the area. Putting up only a 32 square foot sign doesn't do them much good if everyone around them can put up an 80 square foot sign or a 240 square foot sign. The fact that they are zoned residential is an anomaly. They have a 7 acre sight which no residential property has in the city. As to the third requirement, Mr. Helgen stated that people driving by the church at 50 to 60 miles per hour are not going to be able to see a 32 square foot sign when there are much larger signs surrounding it. The fourth requirement, Mr. Helgen stated, referred to a picture of the church property taken from the west and showing that the proposed sign will not be a factor for the residents to the west. And the residents of the apartment building to the east would see the existing commercial signs more so than the proposed sign for St. Phillips. Also, the proposed sign will in no way impair the view of the lake. �.3�, .� CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 5 of 6 In summary, Mr. Helgen stated St. Phillips wants to be treated like the commercial businesses in the area, there's no comparable situation, they believe their situation is unique, and the staff report is focused too much on comparing the petitioner to other churches. Allen Spitzer, Chairman of the Property and Grounds Committee for St. Phillips, explained the congregation is excited about the proposed sign because it will get a message out to the community about the programs St. Phillips has to offer the community. Commissioner Sielaff asked how the petitioner decided on the sign size of 78 square feet. Mr. Helgen stated it would be difficult to justify a sign larger than the neighbor's 80 square foot sign. Also, in order to be able to show a lot of text, the larger sign was necessary. Mr. Spitzer explained also the larger sign allows any combination of four lines of text at 9 inch or 3 lines, or 2 lines, or one big word. The smaller sign would hinder their ability to get their message out. Commissioner Sielaff asked if the petitioner has any problem with the stipulations recommended by the staff. Mr. Helgen stated they would have not objections to the stipulations. Commissioner Zinter asked if the petitioner had considered applying for a zoning change. Mr. Helgen stated they did not because zoning changes are very difficult and they don't believe they need a zoning change. Commissioner Jones asked how the petitioner sees themselves being different from Woodcrest Baptist Church. Mr. Helgen replied the difference is there are thousands of square feet of commercial signs on the corner by St. Phillips while there are none by Woodcrest. The same applies to Grace Church. Also, Hwy 65 is much busier than University Avenue. He then referred to the Assembly of God Church on the corner of Osborne and University which does have a very large sign. He added that he is not aware of any opposition to St. Phillip's proposed sign from the neighbors. Commissioner Jones asked if staff has received any letters of concern from neighbors. Ms. Jones stated they have not. Chairperson Kuechle questioned how difficult a rezoning would be to obtain. Mr. Hickok stated a breakpoint for zoning often times is a major roadway and in this case there are distinct zones. One of the criteria they would look at in a rezoning is whether or not it is consistent with adjacent zonings, and it wouldn't be. Commissioner Jones asked what would happen if this property were to be sold and a commercial use was proposed for the site, would it be considered for rezoning. E��� CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 6 of 6 Mr. Hickok stated from the staff's perspective it would not be consistent with the residential zoning to the west and they would be concerned about how commercial development would impact this site. Also, it really is a more residential feel and raising the intensity along the lake would be a bad decision. MOTION by Commissioner Sielaff, seconded by Commissioner Voss, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 8:10 PM. Commissioner Sielaff stated the petitioner has made a powerful argument about what others are doing on that intersection and he does agree with the distinction they made between St. Phillips and the other churches referred to by staff. He stated he is inclined to approve the variance. Commissioner Zinter stated he's not sure the Appeals Commission should be concerned about differentiating between C3 and R3 and he doesn't think they should approve the proposed square footage for the sign for residential property. Also, he drove past twelve churches last night and they all had 32 square foot signs or smaller. He is not in favor of this request. Commissioner Jones stated he can see some of the issues, but he would not vote in favor of this request from the standpoint that it does set a precedent. There are other churches that would have a similar issue and would have a justification for coming forward. He understands the petitioner's problem, but it's not enough to vote in favor. Commissioner Voss stated he thinks it would set a precedent and he'd prefer to let the Council decide this matter. Chairperson Kuechle stated even though there is commercial around this site, the petitioner's property is zoned residential. The City allows churches in a residential zoning and as a trade-off for allowing that sets certain restrictions on the size of signs. He was also concerned about setting a precedent. He commented that he heard the presentation by Grace and Woodcrest for a similar variance and they also had strong arguments, but the bottom line is he's concerned about setting a precedent and he would recommend denial. MOTION by Commissioner Zinter, seconded by Commissioner Jones, to recommend denial of Variance #04-14 by St. Phillips Lutheran Church for consideration of a variance to increase the maximum square footage of a free-standing sign from 32 square feet to 78 square feet, generally located at 6180 Highway 65 NE. UPON A VOICE VOTE, WITH COMMISSIONER SIELAFF VOTING NO, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. : •� � �� �J�toh2e _/fizoha /��rrt�ec� �rem,at,cort Jociefc� 6210 NE Hwy b�„ Fn�iley, MN 55432 (763) 571-130Q : Fax (7:63) 571-1301 Kim J. Miller ` D�re�tor/Owner To BUILDING AND PLANNING COMMISSION Being established and doing business in this great community of Fridley for 40 years now, We know the advantage of a good location and how important it is for people to find a location. Miller Funeral Home, in the past, has had meetings to dicuss our needs, as St. Philips is now having with you on their signage issue. We recomnend and in favor of the variance they are requesting for larger signage. Thank You f.'��� ' �� J Kim . Miller � � •r � � CRY OF FRIDLEY Date To: AGENDA ITEM 3 CITY COUNCIL MEETING OF JANUARY 3, 2005 , December 27, 2004 William Burns, City Manager � � From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #04-15, Bill Hinks, Furniture Outlets USA M-04-169 INTRODUCTION Mr. Hinks, of Furniture Outlets USA, Inc., is seeking four variances, three of which will allow an increase in the amount of allowable wall signage on each wall of the building. The other will allow signage on three walls of an industrial building compared to the two allowed by code. All of these variances are being requested for the Ashley Furniture Homestore building, which is located at 5353 East River Road. 2 3 :� The first variance is to increase the amount of allowable wall signage on the north facing wall (Interstate 694 side) of the building from 342 square feet to 734 square feet. The second variance is to increase the amount of allowable wall signage on the west facing wall (customer pickup/delivery side) of the building from 289 square feet to 420 square feet. The third variance is to increase the amount of allowable wall signage on the east facing wall (front store entrance) of the building from 289 square feet to 541 square feet. The fourth variance is to allow signage on three walls of an industrial building. APPEALS COMMISSION RECOMMENDATION At the December 8, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-15. After much discussion, the Appeals Commission recommended approval of the variance request that would allow signage on three sides of an industrial building instead of the code required two. The Commission recommended denial of all three variance requests to increase the amount of allowable wall signage, and BOTH MOTIONS CARRIED UNAMIOUSLY. ,� DISCUSSIONS WITH FURNITURE OUTLETS USA SINCE APPEALS COMISSION . � MEETING ` Bill Hinks, President of Furniture Outlets USA, has since contacted City staff regarding �� their sign options at this point and any other suggestions staff might have to attract people to the building. Below is a compiled list of staff's suggestions, which would still allow the building to comply with the sign code requirements. ➢ Up-light the building: Flood the building with light so it stands out distinctly from anything that surrounds it. Proper lighting will cause the building to need less signage to be noticeable. ➢ Install the yellow canopy that is shown on your architectural renderings, over the customer pickup door. ➢ Light inside yellow awning to create subtle glow ➢ Add 59 square feet. to complete sign package on west sign face ➢ Install an 80 square foot free-standing pylon or monument sign ➢ Use the correct size sign on the north face ➢ Fabricate a smaller Homestore sign for the east face. STAFF RECOMMENDATION City Staff recommends denial of the variances fo increase the size of the wall signage on the north, west and east faces of the building. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have ever been granted. ➢ Granting these variances would be precedence setting. City Staff recommends approval of fhe variance to allow signage to be displayed on fhree sides of the subject building. STIPULATIONS Staff recommends that if the size increase variances are granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit prior to installation of any additional signage. 2. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. :� D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. : City of Fridley Land Use Application VAR #04-15 December 8, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bill Hinks Furniture Outlets USA, Inc. 140 East Hinks Lane Sioux Falls SD 57104 Requested Action: Variance to increase the amount of allowable wall signage. Variance to allow signage on more than 2 walls of a building. Existing Zoning: M-2 (Heavy Industrial) Location: 5353 East River Road Size: 391,468 sq. ft. 8.99 acres Existing Land Use: Ashley Furniture Homestore Surrounding Land Use & Zoning: N: Interstate 694 E: Home Valu & M-2 S: Aramark Uniform Services & M-2 W: Multi-tenant Building & M-2 Zoning Ordinance Conformance: Sec. 214.12.5.B requires that the total sign area for a wall sign shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. Zoning History: 1969 — Lot is platted. 1971 — Building constructed. 2003 — Addition, alteration and demo a portion of the building. Legal Description of Property: Lots 2-5, Block 1, Great Northern Industrial Plat Public Utilities: Business is connected. Transportation: East River Road Service Road provides access to the property. Physical Characteristics: Lot consists of the building, parking lot, and landscaped areas. SUMMARY OF PROJECT Mr. Hinks, of Furniture Outlets USA, Inc., is requesting a variance to increase the amount of allowable wall signage on the north facing wall from 342 square feet to 734 square feet, to increase the amount of allowable wall signage on the west facing wall from 289 square feet to 420 square feet and to increase the amount of allowable wall signage on the east facing wall from 289 square feet to 541 square feet, at the existing Ashley Furniture Homestore, which is located at 5353 East River Road. Mr. Hinks is also requesting a variance to allow signage on three walls of an industrial building instead of the required two. SUMMARY OF HARDSHIP "The success of this facility depends greatly on our customer's ability to not only find our retail facility but the ability to find the main customer pick up facility for the greafer metro area. The fact that we are in a largely industrial area greatly increases our need to inform the public where we are located without frustrafing them because of their inability to find the building. Using the allowable signage would make the signage extremely di�cult to read from Interstate 694 and it would appear grossly disproportionate to the building." — See atfached hardship statement. SUMMARY OF ANALYSIS City Sfaff recommends denial of the variances to increase the size of the wall signage on the north, west and east walls of the building. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have ever been granted. ➢ Granting these variances would be precedence setting. City Staff recommends approval of the variance to allow signage to be displayed on three sides of the subject building. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 3, 2005 60 Day — January 3, 2005 Staff Report Prepared by: Stacy Stromberg � Dec 31 04 �1:50p � � �� FuRNYf'URE 1NpUSTR1ES. IIJC. DeCezzzber 30, 2�(�4 To: Whom �t May Caz�cern W� arc plcascd to an�o„�� p,��re Outlets, USA as thc licensee ti�r scvcn (7) Ashl HomeStores, which wiil Ue loc;atec] ihrou�hout the Mi�neapc�lis, St. Paul arena. � These Ashley I�IomeStores c�niy sell furniture from As���, ��it� �ustrie I which is the third lar�e�t home fu�rrii�ure manufacturer in the United States, a.s weli as, the numbcr onc sclling brand ofhox�e �rniture. The A1h1�� �om�Store signa�e used is a trade�ark for thc Ashley kipmeStore pro�rarri, which has been in place sinee lyy7. A11 Ashl�y Hornctores are reqwr� �fl u5� �1� apPxoved s�gr�a�e. This �rcciorainant signagc will bring the custc�mers to Furn�ture Ot�tict, USA and should cnha�aee your ]ocai c�,mm�nity btYSinesses. Kindcst Rc�ards, ASHLEY FUR,i�1ITURE IND., II�iC; �� i'� ; / `.. �-�� ��� L'.�� G�^�i-, Ch uck Spari� � Ashley HvmeSto�e, �re,<ride�nt ��1E ASH�,�Y 1Nqy • ARCADIA, W- 4g� . pH01VE: 80&323-3377 � ., p.2 -.. � I �AI�'AMARK � Uniform Services January 3, 2005 TO: City of Fridley Council Members FROM: Scott Simmons, General Manager �?�RAMARK Uniform Services RE: VARIANCE FOR ASHLEY FURNITURE STORE SIGNAGE ARAMARK Uniform Services would be in favor of a variance to increase the signage for Ashley Furniture Stores facing Highway 694. Due to poor visibility, trees in the area and the size of the building, we believe the signage should be increased. ARAMARK Uniforms Services believes in the promotion of successful businesses in Fridley. We believe this would bring more tax revenue and traffic to the local economy thus helping all of us in our promotion of our city. Thank you for your consideration. � Q. � 5330 IxnusTxtnt. BLUn., N.E. FRIDLEY� MN 55421 763 586 0020 FAIC 763 5861199 800 556 0117 RU.DY �OSCH�ITZ �x��iE� ���x��� ����t�� (1978 - 1991) City of Fridley 12/21/04 6431 University t�venue N� Fridley MN 5 �432 t�ttil: l�iayor Scoct Lund & City Council Dear �Ir. Vlayor & City Council Nlembers, I am u�riting this letter to support the request of our new neighbor, Ashley Fun�iture, for a vana.nce of your sign ardinance so that they can put as prominent a sign as possible on their new facility here in Fridley. They have not asked me to write this letter, nor are they aware that.I am doing so. I am sending them a copy. I am aware that they may ha�°e proceeded without reference to Fridley's si� ordinance and I do not defend that. But, frankly, we have been waitinj for years to have a strong, viable izei.ghbor and Ashley is certainly that. Tliey are good for us. The truth is that we're thrilled to have them and our businesses comglement one another. They have done just remarkable v,�ork on a building that had lost most of its vahle. That is �ood for Fridley and jood for us. They are retailers cc ss a d I kno v you w sh that for� tl em ly vlsible hom 694. It is important to their su I also respectfully sug�est that a variance along 694 for a buildin� �f the size �shley has created is not a v�riance that s'tzould have applicatian elsetivhere in Fri�lley. Thai�k ��ou tor considenn� uur appeal. This is our -�1'` ye�u- in Fridley. We li�e it here. '�'� ?ike o�u .ne« nei�hbor and hope the�✓ stay a �,00d long time. Sincerely, Rudy Boschwitz, Chairman Home Valu Interiors, Ina• Cc: ��shley Furrnture. Attn: A1 Rohrich; Mgr 53 5 3 East River' Rd. Fridley yIN 55421 ... �, 5401 iAST RI�7ER ROAD s MINNEAPOLIS, MN 55421 °� (763) 571-2636 • FAX (� 63) 571-3411 E-MAIL: RBOSCHWITZC�AOL.COM �o�E� ���� interiors January 3, 2005 Ct'�RP'ORATE HEADQUARTERS 5401 East River Road • Minneapolis MN 55421 (763)571-2636 (763) 571-3411 (763) 502-2202 (763) 502-2237 CorporateTelephone Corporate FAX Accounting FAX MIS FAX Dear City of Fridley, .���.- � ��� 117�@T101'S I am joining my dad in writing to you about our new neighbor Ashley Furniture's signage. We are an�cious to see Ashley properly signed as we see it as very important to their success and at the same time it is helpful to our family business as well. There has been so much retail development to our west in Maple Grove that we Fridley 694 retailers have to have an obvious presence to stand out in the consumers mind. We believe the variance should be granted as there are some unusual circumstances: l. Ashley is set back unusually far from 694 and needs larger size letters to stand out to the consum�r. There are also trees on the State property along the east bound exit ramp from East River Road to 694 that block visibility of the Ashley building. 2. Ashley is an a very long building at almost 600 feet in length. This should be . considered as most who might request a variance don't have such a wide building. 3. One has only time to glance at Ashley Furniture when traveling on 694 at high speeds. We all l�ow how important it is to be focused while driving. It is important that the sign be large enough to view properly during that split sec�nd one has to glance at Ashley so as to not create a hazardous driving situation. Thank you for taking the time to consider Ashley's request. We think the Hinks family has done a great job revitalizing the old Wickes building and will be a great addition for many years in Fridley. Res ctfully, r �,�t w� -l� erry Bosc itz President an CEO VAR #04-15 REQUESTS Mr. Hinks, of Furniture Outlets USA, Inc., is seeking four variances, three of which will allow an increase in the amount of allowable wall signage on each wall of the building. The other will allow signage on three walls of an industrial building compared to the two allowed by code. All of these variances are being requested for the Ashley Furniture Home store building, which is located at 5353 East River Road. 1. The first variance is to increase the amount of allowable wall signage on the north facing wall (Interstate 694 side) of the building from 342 square feet to 734 square feet. 2. The second variance is to increase the amount of allowable wall signage on the west facing wall (customer pickup/delivery side) of the building from 289 square feet to 420 square feet. 3. The third variance is to increase the amount of allowable wall signage on the east facing wall (front store entrance) of the building from 289 square feet to 541 square feet. 4. The fourth variance is to allow signage on three walls of an industrial building. HARDSHIP STATEMENT "The success of this facility depends greatly on our customer's ability to not only �nd our retail facility but the ability to find the main customer pick up facility for the greater metro area. The fact that we are in a largely industria/ area greatly increases our need to inform the public where we are located without frustrating fhem because of their inability fo find the building. Using the allowab/e signage wou/d make the signage exfremely difficu/t fo read from Interstate 694 and it would appear grossly disproportionate to the building." — Also see attached hardship statement. - Ashley Furniture SITE DESCRIPTION & HISTORY Furniture Outlets USA, Inc., owns the building at 5353 East River Road, formerly the Wicke's property, and has opened an Ashley Furniture Home store, with an attached warehouse. The subject property is zoned M-2, Heavy Industrial as are all surrounding properties. The property receives access from East River Road Service Road. The original 141,986 square foot building was constructed in 1971. In late 2003, the southwest corner of the building was demolished in order to meet building code requirements, and interior alternations were made to the building. Also at this time, a 47,488 square foot addition was constructed to the building to be used as warehouse space. In order to complete the addition to the building, a special use permit was granted to increase the lot coverage requirement from 40% to 48%. This property also went through the zoning text amendment process to have the City Codes parking requirements amended to allow, 1 parking stall per every 400 square feet for a furniture store use. This amendment was approved by the City Council in 2003. When the Wicke's building was originally constructed in 1971, a sign permit was issued to allow 1,477 square feet of signage of the north elevation and 396 square feet of signage of the west elevation. According to City records, a variance wasn't issued for 87 either of these increases in wall signage. In 1995, a sign permit was issued to allow two signs on the west wall of the building and one on the north wall of the building. The west wall signage consisted of a 95 square foot sign and a 154 square foot sign, for a total of 249 square feet. The sign approved on the north wall was for 296 square feet. All of these signs met the code size requirements for allowable wall signage. The petitioner initially applied for sign permits for this building in October of this year. When staff received the applications, it was for signage much larger than what the code would allow. Staff than contacted the sign contractor and outlined what our sign code requires for wall signage, and the contractor resubmitted plans to illustrate signs that would meet our sign code requirements for the west and east walls. Upon approval of the sign permits, staff set-up an inspection with the Project Manager to measure the signs. When staff measured the signs, it was evident that tfie signs were much larger than what the permits were issued for. Staff went ahead and allowed Ashley to put up a portion of their signs that says, "Ashley Furniture" on the west and east side, leaving out the "Homestore" portion, due to the fact that their Grand Opening was planned for that coming weekend. This was done with the understanding that the petitioner would re- submit applications with the correct dimensions meeting the code requirements or apply for sign variances. CODE REQUIREMENTS Section 214.12.5.B of the City Sign Code requires that the total sign area shall not exceed fifteen (15) times the square root of the wall length of which the sign is to be placed. The north facing wall (Interstate 694 side) of the petitioner's building is 520 feet in length. The square root of 520 is 22.8. When you multiply 22.8 by 15, the north facing wall is allowed 342 square feet of signage. The petitioner is seeking to increase the requirement to 734 square feet, which is 392 square feet more than allowed by code. North f��g wall The west facing wall (customer pick-up/delivery side) of the building is 371 feet in length. The square root of 371 is 19.3. When you multiply 19.3 by 15, the west wall is allowed 289 square feet of signage. The petitioner is seeking to increase the requirement to 420 square feet, which is 131 square feet more than allowed by code. West facing wall The east facing wall (front store entrance) of the building is also 371 feet in length, which would allow 289 square feet of signage. The petitioner is seeking to increase the requirement on the east wall to 541 square feet, which is 252 square feet more than allowed by code. East fa�i�q wall J Section 214.12.5.A of the City Sign Code allows onty wall signage to be displayed on two (2) different walls per business. The petitioner is seeking to allow signage on three walls of the building. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. The following analysis illustrates how the petitioner is failing to meet those four conditions in relation to the wall signage increase variances. Therefore, by Code, the sign variances for the size increases should not be granted. 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are neither exceptional nor extraordinary to allow signs larger than the Code requires. The property has good visibility from Interstate 694. The property is not unique when compared to neighboring properties or other similar zoned property in Fridley. All other wall signage along Interstate 694 met the sign code requirements, including industrially zoned properties and commercially zoned properties. The previous owner of this building had signage that met the sign code requirements, which provided good visibility for the business. The property located east of the subject property is Home Valu, which is a similar type of business with both retail and warehouse space. Home Valu complies with the code requirements for wall signage, which is visible from Interstate 694. They were, however granted a variance in 1993 to have a free-standing sign increased from 80 square feet to 160 square feet. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denying a variance for the excessive size of signage does not eliminate the opportunity for signage on the property. The petitioner has the opportunity to have 289 square feet of signage on the west and east wall and 342 square feet of signage on the north wall. This amount of signage as well as the distinctive architectural design of the building will help to provide good visibility from Interstate 694. The petitioner may also want to consider up-lighting the building, which will also help to bring attention to the building, without requiring larger signage. 3. That the strict application would constitute an unnecessary hardship. City staff has not been able to identify any statutory defined hardship for this site, in relation to the size requests. The petitioner's desire to have larger signage than what the code allows does not constitute a hardship. Strict application of the code would still allow signage on two walls of the building as well as a free-standing 80 square foot sign. The site has good visibility from Interstate 694 and the size and design of the building provides a visual attraction to motorists. 90 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The purpose of the sign code requirements is to allow adequate signage to reduce the visual pollution and distractions for the motoring public. While increasing the size of the signage may not necessarily be detrimental to the public or surrounding properties in this vicinity, once granted, the variance would be precedent setting for all other industrially zoned properties or properties located within the Interstate 694 corridor. Increasing the code requirements by what the petitioner is asking, without a compelling hardship, would essentially be re-writing the standards for wall signage in our code. The petitioner is also seeking a variance to allow signage on three walls of an industrial building, instead of the code required two. The sign on the north side of the building helps to provide visibility from Interstate 694, the sign on the west side provides directional signage for customer pick-up and semi-traffic and the signage on the east side highlights the entrance of the building. Providing signage on these three sides of the building is essential for the petitioner to operate the business. OTHER CITY REQUIREMENTS As part of this sign variance review process, City staff contacted some of the surrounding communities and other communities out-state to see what they allow for wall signage. Through our research it was determined that our code allow a generous amount of wall signage, compared to some of the other communities surveyed. For example, many communities allow a certain percentage of signage for each wall; however they then cap it at a certain amount of square feet. In other words, they may allow 20% of the signable area, but they say that they can't exceed 200 square feet. See the table below for a list of our findings. Cit Re uirements Andover Can not exceed 300 s uare feet Baxter 10% of the area s uare foota e of the wall. Blaine 10% of the wall size for u to a maximum of 200 s uare feet. Columbia Hei hts 100 s uare feet. Coon Rapids One wall sign per arterial or collector street frontage, not to exceed two signs per building. Each sign shall have a maximum sign area of 32 square feet or 2 percent of the area of the face of the building on which the sign is to be located, whichever is greater, to be a maximum of 100 s uare feet. Corcoran The maximum sign area wall, canopy, or marquee is 15 percent of buildin fa ade u on which it is located. Eden Prairie Wall signage — maximum of 80 square feet. Identification signs up to 10 percent of wall to a maximum of 50 square feet. No extra signage allowed if alon a ma'or corridor. Fridley Allowed only on two different walls per business. The total sign area shall not exceed fifteen times the square root of the wall length on which the si n is to be laced. 91 Forest Lake One principle use are allowed 4 square feet for each front foot of the building, not to exceed 200 square feet, and plus one monument sign not to exceed 100 s uare feet. Hugo One wall sign is allowed for each public entrance to a building, not to exceed a combined 1'/z square feet for each lineal foot of building face for that side of building on which the sign is to be located, or 10 percent of solid wall space (excluding windows and doors), whichever is less. All wall signs must run parallel to a street or lot line. A maximum of 40 ercent of a wall si n ma be a chan eable co si n. Lino Lakes Limited to 25 percent of the wall area on which the sign is placed, but only one wall sign is allowed. More could be approved through a master si n lan as art of a lanned develo ment Medina Limited to 15 percent of the area of the building wall it occupies, to a max of 100 s uare feet. Minnetonka U to 5% of the buildin face, with a maximum of 150 s uare feet. Mounds View 100 S uare feet er occu ant. New Bri hton U to 200 s uare feet or 20 ercent of si nable area . Norwood Young The total area of any wall sign shall not exceed ten percent of the total America area of said wall. Ramsey Allowed up to 15 percent of the square footage of the front building fa ade. Shakopee 2 square feet for each lineal foot on building for a maximum of 200 feet. Spring Lake Park On-premise sign shall not exceed 30% of the square footage of the front of the buildin . RECOMMENDATIONS City Staff recommends denia/ of the variances to increase the size of the wall signage on the north, west and east faces of the building. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have ever been granted. ➢ Granting these variances would be precedence setting. City Staff recommends approval of the variance to a/low signage to be displayed on three sides of the subject building. STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit prior to installation of any additional signage. 2. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be re�o,yed. 1 E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. 93 1. Variance Request, VAR #04-15, bv Bill Hinks, Furniture Outlets, USA, for consideration of a variance to increase the amount of allowabie wall siqnaqe on the north facinq wall of the buildinq from 342 square feet to 734 spuare feet, and to increase the amount of allowable wall siqnaqe on the west facinq wall of the buildinq from 289 square feet to 420 square feet, and to increase the amount of allowable wall siqnaqe on the east facinq wall from 289 to 541 square feet, and to allow siqnaqe of threes walls of an industrial buildinq, instead of the code reauired two, aenerallv located at 5353 East River Road. MOTION by Commissioner Jones, seconded by Commissioner Z'inter, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING OPEN AT 8:15 PM. Stacy Stromberg stated the petitioner is seeking four variances, three of which will allow an increase in the amount of allowable wall signage on each wall of the building. The other variance will allow signage on three walls of an industrial building, compared to the two allowed by code. All of these variances are being requested for the Ashley Furniture Home Store building located at 5353 East River Road. Ms. Stromberg stated the first variance request is to increase the amount of allowable wall signage on the north facing wall, the interstate side of the building, from 342 square feet to 734 square feet. The second variance is to increase the amount of allowable wall signage on the west facing wall, which would be the customer pick-up delivery side of the building, from 289 square feet to 420 square feet. The third variance is to increase the amount of allowable wall signage on the east facing wall, which would be the front store entrance, from 289 square feet to 541 square feet. The fourth variance is to allow signage on three walls on an industrial building. Ms. Stromberg reviewed the hardship statement submitted by the petitioner as follows, "The success of this facility depends greatly on our customer's ability to not only find our retail facility, but the ability to find the main customer pick-up facility for the greater metro area. The fact that we are in a largely industrial area greatly increases our need to inform the public where we are located without frustrating them because of their inability to find the building. Using the allowable signage would make the signage extremely difficult to read from Interstate 694 and it would appear grossly disproportionate to the building." Ms. Stromberg stated Furniture Outlets USA owns the building and opened Ashley Furniture Home store with an attached warehouse. The property is zoned M2, Heavy Industrial, as are all surrounding properties and the site receives access from the East River Road service road. The original 141,986 square foot building was constructed in 1971. In late 2003, the southwest corner of the building was demolished in order to meet building code requirements and interior alterations were made to the building. Also, at the time, a 47,488 addition was added to the buitding and that addition is used as warehouse space. In order to complete the addition of the building a special use permit was granted to increase the lot coverage requirement from 40% to 48%. Ms. Stromberg stated that when the Wicks building was originally constructed in 1971, a sign permit was issued to allow 1,477 square feet of signage on the north elevation, which is the side facing Interstate 694, and 396 square feet of signage on the west elevation. According to city •, CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 2 of 6 records, there were no variances issued for the increase in wall signage. In 1995 there were additional permits issued to allow two signs on the west wall of the building and one on the north wall of the building. Keeping in mind that the two previous signs were taken down at that time. This time the west wall signage consisted of a 95 square foot sign and a 154 square foot sign for a total of 249 square feet. The sign approved on the north wall was 296 square feet. All of these signs met the code size requirements for allowable wall signage. Ms. Stromberg further stated the petitioner initially applied for sign permits for this building in October of this year. When staff received the applications, it was for signage much larger than what the code allowed. Staff contacted the sign contractor and outlined what the city code would require for wall signage and the contractor resubmitted plans that would meet the code requirements for the west and east walls only. Upon staff's approval of the sign permit, an inspection was scheduled with the project manager to measure the signs. When staff measured the signs, it was evident that they were much larger than what the permits were issued for. Staff went ahead and allowed Ashley to put up a portion of their signs on the west and east sides due to the fact that their grand opening was planned for the upcoming weekend. That agreement was made with the understanding that the petitioner would resubmit applications with the correct dimensions meeting the code requirements or would apply for sign variances, which they have. Ms. Stromberg stated the city code requires that the total sign area for a wall sign shall not exceed 15 times the square root of the wall length on which the sign is to be placed. The north facing wall is 520 feet long, the square foot of which is 22.8, multiplied by 15 means the north facing wall would be allowed 342 square feet of signage. The petitioner is seeking to increase that requirement to 734 square feet which is 392 square feet more than allowed by code. The sign would be 82 feet long and about 7 feet high for a total of 734 square feet of signage. Ms. Stromberg stated the west facing wall is 371 feet in length which would allow for 289 square feet of signage which the petitioners are seeking to increase to 420 square feet, 131 square feet more than allowed by code. On the west wall, the petitioners are proposing to add the Home Store script under the Ashley Furniture as well as a Customer Pick-up notification sign. The east facing wall of the building is also 371 feet in length which would allow 289 square feet of signage. The petitioner is seeking to increase that requirement to 541 square feet which is 252 square feet more than allowed by code. The petitioner is proposing to add Home Store to the bottom of Ashley Furniture on the east side as well. City code only allows signage on two walls when located in an industrial district, but the petitioner is seeking to allow signage on three walls. Ms. Stromberg further explained that before the Commission can grant a variance, the petitioner must meet four conditions required by the City Sign Code. The petitioner is failing to meet those four conditions in relation to the wall signage increase variances therefore the sign variances for the size increases should not be granted. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Ms. Stromberg stated the circumstances surrounding the petitioner's property are neither exceptional nor extraordinary to allow signs larger than what the code requires. The property has good visibility from Interstate 694 and is not unique when compared to neighboring properties or other similarly zoned properties in Fridley. All other wall signage along Interstate 694 meet the sign code requirements including industrial and commercial zoned properties. 95 CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 3 of 6 Also, she explained that the previous owner of this building had signage that met the requirements of the ordinance and which provided good visibility for that business. The property located to the east of the subject property is Home Value, which is a similar type of business with both retail and warehouse space. Home Value complies with code requirements for wall signage which is visible from Interstate 694. They were, however, granted a variance in 1993 to allow a free-standing sign increased from 80 square feet to 160 square feet. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Ms. Stromberg stated that denying a variance for the excessive size of signage does not eliminate the opportunity for signage on the property. The petitioner has the opportunity to have 289 square feet of signage on the west and east wall and 342 square feet of signage on the north wall. This amount of signage as well as the distinctive architectural design of the building will help provide good visibility from Interstate 694. The petitioner may also want to consider up- lighting the building, which will also help to bring attention to the building without requiring larger signage. 3. That the strict application would constitute an unnecessary hardship. Ms. Stromberg stated city staff has not been able to identify any statutory defined hardship for this site, in relation to the size requests. The petitioner's desire to have larger signage than what the code allows does not constitute a hardship. Strict application of the code would still allow signage on two walls of the building as well as a free-standing 80 square foot sign. The site has good visibility from Interstate 694 and the size and design of the building provides a visual attraction to motorists. 4. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Ms. Stromberg explained the purpose of the sign code requirements is to allow adequate signage to reduce the visual pollution and distractions for the motoring public. While increasing the size of the signage may not necessarily be detrimental to the public or surrounding properties in this vicinity, once granted, the variance would be precedent setting for all other industrially zoned properties or properties located within the Interstate 694 corridor. Increasing the code requirements by what the petitioner is asking, without a compelling hardship, would essentially be re-writing the standards for wall signage in our code. Ms. Stromberg further explained that the petitioner is also seeking a variance to allow signage on three walls of an industrial building, instead of the code required two. The sign on the north side of the building helps provide visibility from Interstate 694, the sign on the west side provides directional signage for customer pick-up and semi-traffic, and the signage on the east side highlights the entrance of the building. Providing signage on these three sides of the building is essential for the petitioner to operate the business. Ms. Stromberg also stated that as a part of the variance review process, staff contacted some of the surrounding communities and other communities out-state to see what they allow for wall signage. Through their research it was determined that the Fridley code allows a generous r• : CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 4 of 6 amount of wall signage compared to some of the other communities surveyed. For example, many communities allow a certain percentage of signage for each wall; however they then cap it at a certain amount of square feet. In other words, they may allow 20% of the signable area, but then say that they can't exceed 200 square feet. Ms. Stromberg stated staff recommends denial of the variances to increase the size of the wall signage on the north, west and east faces of the building. ➢ Petitioner has no statutory defined hardship. ➢ No comparable variances have ever been granted. ➢ Granting these variances would be precedence setting. Ms. Stromberg further stated that staff recommends approval of the variance to allow signage to be displayed on three sides of the building. Ms. Stromberg stated that if the variances are granted, staff recommends the following stipulations: 1. The petitioner shall obtain sign permit prior to installation of any additional signage. 2. This variance shall remain in effect unless any of the following occur: a. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. e. Notwithstanding subparagraph (a) above, upon the change of the name or the business being displayed on this sign. Commissioner Jones asked if the signs on the building preclude having a pylon sign. Ms. Stromberg responded they would be able to have an 80 square foot pylon sign in addition to the wall signage. Mr. Hickok pointed out that the Home Store language is part of an agreement that the petitioner has with Ashley Furniture so iYs a corporate requirement between the entities. Commissioner Sielaff asked if the remaining 69 square feet available on the west side is sufficient room to add Home Store. Ms. Stromberg stated Home Store would require 145 square feet and they would also like to add Customer Pick-Up which is 55 square feet. Commissioner Zinter questioned if there is any potential for confusion or interpretation when a sign permit is issued which may have lead to the oversized signs on this structure. Ms. Stromberg responded staff has been working on this project for about a year and when the petitioners initially come in; they are given a copy of all the pertinent zoning requirements. When the initial packet came in it appeared their sign contractor had not reviewed the city code because the signs came in much larger than what the code allows. Ms. Stromberg contacted the sign contractor to inform him what the code allows and he then resubmitted his plans. 97 CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 5 of 6 Unfortunately, when staff measured the signs they were larger than what the sign permits had been issued for. She added that she normally does not find any confusion with code requirements. Commissioner Jones asked if our codes are vastly different from other city's codes. Ms. Stromberg explained that Fridley's formula for determining the allowable signage is not seen in other communities. Mr. Hickok added there have rarely been complaints from businesses in Fridley that they did not have adequate wall signage. Commissioner Voss referred to other city requirements for signage that may sound generous, but the cap requirement does limit the size. . Commissioner Sielaff questioned what will happen with the existing sign that is already over the allowable size. Mr. Hickok stated they recognized they were over the limit when the sign was first erected and they understand that based on the outcome of the variance; the sign may need to be changed. Commissioner Jones commented that the sign contractor's actions have caused undue hardship on the petitioner. Mr. Hickok agreed that what the sign contractor did was fraudulent and illegal, but staff has an excellent working relationship with Ashley Furniture and they want to do things right. Gordy Wallenstein, President of Furniture Outlets USA Ashley Home Store Division, commented this is the first time he has encountered the kind of formula Fridley utilizes for allowable signage. He believed the formula results in signage for larger buildings that is disproportionate to the building. Currently because there is no foliage on the trees along Interstate 694, their building is visible, but for nine months of the year it would not be and the north side is the most crucial for signage. A larger difference between their situation and surrounding businesses is the heavy industrial area is that they are retail and rely on retail traffic. They will look into staff's suggestion of up-lighting the north side of the building. On the east elevation, they will look into reducing the size of the Home Store lettering and on the west side they will request permission from Ashley to eliminate Home Store, but the Customer Pick- Up sign is needed to direct customers. He also stated to his knowledge there have been no objections from neighbors and, in fact, there's been nothing but kudos from everyone around them for making such a vast improvement in the property. This location has not enjoyed the same level of success as other Ashley locations and he believes that is due in part to the lack of signage. Also, the Fridley code does not acknowledge the height of the building, which is 40 feet. MOTION by Commissioner Sielaff, seconded by Commissioner Voss, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECARED THE PUBLIC HEARING CLOSED AT 8:53 PM. Chairperson Kuechle stated he believes the petitioner should be allowed the third sign. •- CITY OF FRIDLEY APPEALS COMMISSION MEETING. DEC 8, 2004 Page 6 of 6 Commissioner Jones agreed. Commissioner Zinter stated this petitioner has made a vast improvement to the property and he would be in favor of allowing the variance to allow signage on three sides of the building. MOTION by Commissioner Jones, seconded by Commissioner Zinter, to approve VAR #04-15, Item 4 only, which is to allow signage on three walls of an industrial building. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Sielaff stated he is a little bothered that the oversized sign was erected to begin with. On that basis, he wouldn't vote for it. Also, he doesn't see a hardship in this case. Commissioner Zinter commented that the Commission has tried to be strict with the zoning variances. He'd also like to see this go to the Council for more discussion. Commissioner Jones stated he too would recommend denial for the increased signage as other businesses along this corridor have complied with the signage requirements. Chairperson Kuechle stated he would also vote to recommend denial on this portion of the variance request because he's concerned with the amount the sign will exceed the current code. One of the issues they have to deal with in this instance is the large number of letters in Ashley Furniture and Home Store, but thaYs not the Commission's issue. Commissioner Vos stated he would be open to allowing a larger sign on the north wall, but not on the west or east wall. MOTION by Commissioner Voss, seconded by Commissioner Sielaff, to recommend denial of Items 1, 2 and 3 to increase the amount of allowable wall signage of the north, west and east walls, for VAR #04-15, by Furniture Outlets USA, generally located at 5353 East River Road. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. .. � � AGENDA ITEM a�raF CITY COUNCIL MEETING OF JANUARY 3� 2005 FRIDLEY INFORMAL STATUS REPORTS 100