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SP 80-11{ �u mwy CITY OF LES• 6431 UNIVERSITY 'AVENUE N.E., FRIDLEY, MINNESOTA 55432 +v TELEPHONE ( 612)571-9450 November 20, 1980 CITY COUNCIL ACTION TAKEN NOTICE James H. Gilbertson 6801 Channel Road N.E. Fridley, MN 55432 Dear Dr. Gilbertson: On November 17, 1980 the Fridley City Council officially ,approved your request for SP 80-11,_oil�w .sin nut pat;pnt 0an4.t'-7599 University with the stipulations listed below: Avenue N.E. 1. There be no on street parking. 2. The size of the clinic will be limited to the existing structure. 3. The petitioner shall work with the City staff on landscaping and exterior development. 4. This Special Use Permit shall be reviewed in two years. 5. The City staff will work with you to define the size of sign and location on the property. If you have any questions regarding the above action, please call the Community Development Office at 571-3x50. Sincerely, BOLD L. EOr, N JLB,/de City Planner Please review.the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken., CMCIL MEETING OF NOVEMBER 8. 1982 PAGE 31 ... 5 . MOTION by Councilmai arnette to receive the minutes of the Cable Television Commission Meeting of October 7, 1982. Seconded by Councilman Schneider. Upon a voice \rote, all voting aye, Mayor Nee declared the motion carried unanimously. p.s I ..MOTION/by Councilman Schneider to receive the minutes of the Cable Tele sion Commission Meeting of October 14;1982. Seconded by Councilman Bar tte. Upon eAvoice vote, all voting aye,'IKayor Nee declared the motion ried unanimously. Mr. Flora, Public Works Director, stated on November 17s 19809 the Council approved a special use permit to allow an outpatient clinic at 7599 University Avenue on the condition that it would be reviewed in two years. Mr. Flora stated one of the stipulations, when the special use permit was Issued, was the City would work with the petitioner on a sign. The proposed sign has been reviewed by the staff and is being submitted for approval. Mr. Flora stated the petitioner is willing to work on the landscaping, improve the drainage area and extend a fence on the East, with extension of the special use permit. Mr. Qureshi, City Manager, stated staff wants to make sure the special use permit is only for this person using this particular property and is only for a three year period, after which time it will again be reviewed. Dr. Gilbertson stated, other than some erosion on the South of the property, he has had no problems with operating his business in this area. He stated he believed the business has remained very residential and quiet and there has been no traffic problems. MOTION by Councilman aamernik to concur with the City Manager's recommendation and approve the renewal of this special use permit for a three year period, with the understanding that the three improvements will be completed, and this renewal is given with the understanding, it is to the petitioner, Dr. Gilbertson, only. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. L::7 by Councilman Hamernik to allow a commercial sign in a residential r the property at T599 University Avenue to be located and designed n on the plan, and that the sign be concurrent with the.special use SP 080-12. Seconded by Councilman Fitzpatrick. Upon a voice vote, ing aye, Mayor Nee declared the motion carried unanimously. VPARK FILTil ".Mr. Flora, blit Works Director,/,sttsted since the specificatiops and bide were prepare , it has become apparent 'the roof at the Common's filtration plant has det�riorated considerably. Hca stated the roof, �hirefore, should be repaired or replaced., nstead of just the flashing; as originally proposed. Mr. Flora stated It would cost approximately $469000 for a new roof, however, roofaterw cannot be applied when ,temperatures are under 45 degrees, therefgre'it wouldn't be realistic to advertise for bids for the work at this tide:' X1 Mr. Flora stated :a temporary patch job can be`done for around $19500 or the contractor is,itill+,ing to deduct =3,300 for the`,flashing on this roof. 8e stated staff; feels,. they should wait until spring when they can go out for bids on a raw roof`and approval of.a change order is requested for %39300 to deductthe cost 6 the flashing on the roof at�Commons. MOTION by Councilman Schneider, to approve Change Order No. 1 with Keehn Brothers to deduct =3400 from the original contract for deletion of the flashing on the filter plant at Commons Park under'; the project for the Repair of Filter Plant` ",,Roofs at Locke and Commons4ark. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R• -''=OLVTION NO, 98-19 a THE SALE OF $600.000 GENERAL OBLIGAT OI N TAX _INCREMENT ENT REDEvELop EI ENT BONpS OF 19820 SERIES IIS Ft FORM FORM AND apgGTFICATT9NS, "$ETHEIR EXECUTION AND DELIVERY; AND`' PROVIDING FOR _T EIR..PAYMENT:..,;, Mr. Ehlers of Ehlers and Associates presented the bids received this afternoon`for the sale of $600.600 seneral obligation tax increment redevelopment bonds. Mr. Ehlers stated four bids Were received ranging in net average interest rates form 9.26% from Dain Bosworth to 9:578%. He stated it is their recommendation thatDain Bosworth bid is competitive and recommend the City award the bonds through them by adoption of the resolution. NOTION by Councilman Schneider to receive the bids for the sale of these bonds. Seconded by Councilman Barnette. Upon a voica,vote, all voting aye, Mayor Nee declared the notion carried unanimously. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE WE., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 James Gilbertson 6801 Channel Road N. E. Fridley, Mn 55432 CITY COUNCIL May 24, 1984 ACTION TAKEN NOTICE On May 7, 1984 , the Fridley City Council officially reviewed your request for a Special usp permit, Sp #RO->> for a_coilncelng clinic with the stipulations listed below. at 7599 University Avenue N.E. 1. The sign as it exists would not be changed and not lighted in the future. 2. Landscaping be maintained around the sign. 3. This Special Use Permit will be reviewed in 1985. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, • (:�iAMES L. ROBINSON PLANNING SPECIALIST JLR/de Please review the noted stipulation, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. 9. 10. Mr. Flora stated the Appeals Commission has recommended approval of this variance., MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance to increase die sign from 216 square feet to 264 square feet to allow the service station to have a 6 foot by 8 foot sign on Target's second pylon sign. Sea6nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nie declared the motion carried unanimously. 2. Mr. Flora, Public Works Director, stated th4'is a request for variances to reduce the rear yard setback for an additio to a dwelling and to reduce the side yard setback for the construction off14 swimming pool. Mr. Flora stated the Appeals Commissi,dn felt the swimming pool could be moved so it would be in compliant with the code, therefore, they recommended denial of the side yard,,;,kariance and approval of the variance for the rear yard setback in orders%£O construct the addition. MOTION by Councilman Schneider io concur with the recommendation of the Appeals Commission and grant WJ6 variance to reduce the rear yard setback from 25 feet to 8.5 feet anddeny the variance for reduction of the side yard setback from 3 feet to;,/,, feet. Seconded by Councilman Barnette. Upon a voice vote, all voting,,,`aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman4�chneider to receive the minutes of the Planning Ccdmnission Meeting of April 18, 1984. Seconded by Councilman Hamernik. 1 voting Upon a voice vote, Iaye, Mayor Nee declared the motion carried unanimously' MOTION by Co'cilman Barnette to receive the minutes of the Charter Comnisson M 'ting of March 19, 1984. Seconded by Councilman Schneider. Upon a voi vote, all voting aye, Mayor Nee declared the motion carried unanimous Ev. N by Councilman Hamernik to receive the minutes of the Cable Television ssion Meeting of April 19, 1984. Seconded by Councilman Schneider. a voice vote, all voting aye, Mayor Nee declared the motion carried 8B. 8C. economically feasible solution for four residential lots. lman Schneider clarified their intention to build four single family on Tract A. B, C and Lot 7. Mr.F��'�tussell Burris, 1150 Mississippi Street, stated if four single family homes -;;,are built on this property, he would be happy as that is what the nei bb�hood wanted for the last 30 years. Councilma0 Schneider asked Mr. Haggerty if he knew of any plans to come back ". for otherjpprmits. Mr. Haggerty stated if this is approved, he was assured by the owneip they will be putting up single family homes. MOTION by Courb lman Schneider to approve Lot Split, LS #84-03 with the following stipu, tions: (1) a park fee of $1,500 be paid; and (2) a 15 foot bikeway/walkway 'easement on tracks B and 7 and Lot 7 be provided along Mississippi Street:; Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Maya` Nee declared the motion carried unanimously. t, Mr. Peter Treuenfels, reprekenting the Human Resources Commission, stated the total funding recommendea,�,\:was $17,000 which was broken dawn as follows: SAGA, $5,000; Central Center for Family Resources, $3,700; Anoka County CAP, $4,150; and Senior Citizens Ce X, $4,150. MOTION by Councilman Schneider t&concur with the recommendation of the Human Resources Commission to make k,,,$17, 000 allocation f rom CDBG funds as follows: SACA, $5,000; Central Cente'for Family Resources $3,700; Anoka County CAP, $4,150; and Senior Citizens Center, $4,150. Seconded by Councilman Barnette. Upon a voice vote, ',all voting aye, Mayor Nee declared the motion carried unanimously. 1. CARDINAL • '��� Mr. Flora, Public Works Director, stated this is a request for a variance to increase the size of a sign located at Target. He stApd the gas station on this property is leased to Citgo and they have requested a separate pylon sign and the code limits the signs to one per development and Target currently has a sign on this parcel. Mr. Flora stated because of the distance involved, staff doe's,, not have any objection to a separate pylon sign for the Citgo operation. He stated the hardship is Citgo is leasing the gas station from Target and they need exposure to Highway 55. -7- Mr. Flora, Public Works Director, stated Dr. Gilbertson received a special use permit in 1980 and the stipulation was to review this permit after three years of operation. Councilman Hamernik stated with the concern there has been with some of the neighbors, he felt the proposal to change the sign and provide landscaping is a good one. Dr. Gilbertson stated some of the landscaping has been done around the sign on the northwest corner and future landscaping is proposed to disguise the small parking area and to provide additional landscaping of the building. Councilman Hamernik asked, with the landscaping adjacent to the sign, if it 1 was visible to the east. Dr. Gilbertson stated it is still visible until i the landscaping installed grows. Dr. Gilbertson stated he understands this current review of his special use permit is because of coTplaints with the neighbor to the east at 310 Osborne ? Road. He stated he has,ri.ed to work with this resident regarding the sign which was his primary concern. He stated each time he went forward to him, he had another complaint and Mr. Gabrielson is concerned that the sign lowers the market value of his property. Dr. Gilbertson stated Mr. Gabrielson's property value has increased over the last several years so it appears his property is gaining in value. Dr. Gilbertson stated he has had no complaints other than from Mr. Gabrielson. Mr. Ron Gabrielson, 310 Osborne Road, stated he does not want Dr. Gilbertson out of his structure, but wanted some hard and fast stipulations for operation of his business. He stated when Dr. Gilbertson first approached the Council for this special use permit, he stated he would be operating 20 to 25 hours a week and that he would be the sole operator and possibly get a part-time secretary. He stated he has three part-time secretaries and two other psychologists in this building. Mr. Gabrielson stated he has been in to see Dr. Gilbertson six to eight times and he has not�been willing to work with him. He stated when Dr. Gilbertson first came to the residents for their signatures for his operation, he asked if there was going to be a sign on the property and Dr. Gilbertson told him he wouldn't need to put up a sign as he didn't need to advertise. He felt if Dr. Gilbertson's operation is going to continue to grow, he needs to find property elsewhere in a conmrcial area. He stated a professional appraisal he obtained shows this devaluates his property. Mr. Gabrielson stated he tried to work with Dr. Gilbertson for two years to change the sign and turn off the lighting. He stated he wouldn't be here if it hadn't taken Dr. Gilbertson two years to get the sign changed. 1 Mayor Nee asked if the specific problems Mr. Gabrielson had have been '' accommodated. Mr. Gabrielson stated he felt there should be bushes and trees around the sign so it isn't visible from his property and that Dr. Gilbertson shouldn't be able to change the sign without permission from the Council and that the light be permanently taken out. Dr. Gilbertson stated the sign has been disconnected since January 10, and five days later there was an attempted break-in at his establishment. He stated he did feel the light illuminated the property, and wouldn't remove the light, but it is disconnected. Dr. Gilbertson stated he is in his office at 8:00 a.m. and out by 6:30 p.m., however, the number of patient hours at the clinic runs about 20 hours a week. He stated he is holding very firm to a half time operation, but the trouble is the patients come in at different times. Dr. Gilbertson stated he does have an assistant who is there three days a week and sees patients. He stated during patient hours, cars average 2.2 per hour. Mr. Gabrielson questioned why Dr. Gilbertson had to rent parking space if he had six spaces and needs only space for 2.2 cars per hour. He stated he didn't feel this was a low-key operation. Mr. Ren Bloom, 330 Osborne Road, stated he has yet to see more than two cars in Dr. Gilbertson's yard. He stated he didn't feel the sign is in any way intrusive. He stated Dr. Gilbertson's operation is low profile and didn't feel he wan under any obligation to explain how he conducts his clinic particularly when he has been cooperative. f. Mr. Robert Blosky, 305 76th Avenue, stated he was against Dr. Gilbertson setting up a clinic when he first applied for the special use permit. He stated, however, he feels Dr. Gilbertson has been a good neighbor. MOTION by Councilman Hamernik to continue the approval of special use permit, SP #80-11 with the following stipulations: (1) the sign as it exists would not be changed and not be lighted in the future; and (2) landscaping be maintained around the sign. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Gilbertson asked if his next review could be three years from now. Councilman Hamernik stated he preferred to keep the same stipulations as originally approved in 1982 so there would be a review in three years or in 1985. 12. RECEIVING BIDS AND AMEDING OONTRACT FOR DWOLITION OE --Bi DINGS IN CENTS MOTION by Councilman Barnette eeive the bids. �BID BUILDING BUILDING BUILDING pl,Ai�iOLDF BOND 1 2 3 -10- n� sts`. behavior Interve tnSpeciali o 7889 UNIVERSITY AVE. N.E., FRIDLEY; MN 88432 �' 79a4782 OF MINNESOTA JAMES H. GILBERTSON, Ph.D. DIRECTOR October 30, 1985 Mr. John Flora City Engineer City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Flora: As I spoke to you somewhat briefly in our recent conversation at Anoka County Court, I have trans- ferred thy offices fr 7599) University Avenue to 7362 University Ave move was scheduled for on or about November 1, 1985, but was moved up to the weekend of October 25 - 26. I am turning that property into single family rental property, and my son has moved in as the renter. For that reason, I am no longer in need of a special use permit. I also will dismantle the sign that resides in the northwest corner of that property. This decision to move my office removes a great weight from me because of the close scrutiny I enjoyed, primarily by neighbors, during my operation. I also want to thank you, the planning staff, and city counsel members for your advocacy and fair dealings with me over my troubled interaction with the neighborhood. As I noted for you in our recent conversation, my special use permit would be coming up for reconsideration in November of 1985. I am not requesting that be renewed, and if this demands any special presentation other than this letter or actual attendance at the city counsel meeting, please notify me. Thank you again for your consideration and coopera- tion in this matter. cerelyj,j , om\w I u Jam s H. Gil ertson, Ph.D. Licensed Consulting Psychologist -CLINICAL AND FORENSIC PSYCHOLOGY - EVALUATION, THERAPY AND EDUCATION CITY®F FRIDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 December 4, 1985 Dr. James Gilbertson 7362 University Avenue N.E. Fridley, MN 55432 Dear Dr. Gilbertson: Your letter dated October 30, 1985 no *,* n ie` i y ridley that you will no longer use the premises a 7599 University Avenue .E, for offices. You stated that you did not need �e�rmi - use 7599 University Avenue N.E. will now be a single family residence. In light of these developments I am requesting that you remove the lights, steel post and stone wall that were used in conjunction with a former sign at 7599 University Avenue N.E. Since this is now a single family residence the premises should be returned to a setting that commensurate with single family dwelling. We agreed in our phone conversation on December 3, 1985 that by May 1, 1986 you will have these items removed. Your cooperation on this.matter will be appreciated. Good luck in your new location. Sincerely, Richard W. Wiersma Code Enforcement RWW/dm C-85-338 r CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 December 4, 1985 Ronald Gabrielson 310 Osborne Road N.E. Fridley, MN 55432 Dear Mr. Gabrielson: Enclosed is a letter sent to Dr. Gilbertson regarding your complaint -about fixtures that accompanied the sign that was located in the front yard at 7599 University Avenue N.E. If you have any questions or concerns please call me at the Fridley Civic Center at 571-3450. Sincerely, Richard W. Wiersma Code Enforcement RWWJdm C-85-337 Encl. J REGULAR MEETI14G OF NOVEMBER 17, 1980 PAGE 2 FIRST READING OF AN ORDINANCE ON VACATION PE UEST, SAV #80-12 PETITI N #10-1980 TO VACATE ALLEY EAS:,MENTS , BLOCK 9, BERLIN ADDITION, OWNEDAY NNEAPOLIS WATER WORKS: MO ON by Councilman Fitzpatrick to waive the rXandae the ordi nce upon first reading. Seconded by Counpon a voice te, all voting aye, Mayor Nee declared unar.imou FIRST READING AN ORDINANCE ON VACATION RE UEO VACATE ALLEY AND THREE EFTS BLOCKS 2 3 4 AND 5x, -BERLIN ADDITION BURLINGTON NORTHERN: MOTION by Councilman Fit atrick to wai e the reading and approve the ordinance upon first readi Secon d by Councilwoman Moses. Upon a i. voice vote, all voting aye, h or a declared the motion carried unanimously. i CONSIDERATION OF FINAL PLAT, 5 #80- REGISTERED LAND SURVEY, MINNESOTA TRANSFER RAILWAY COMPANY: Mr. Herrick, City Attor ey, stated he has t with several representatives of the various railro ds and had a lengthy di ussion, and requested this item be tabled unti the first meeting in Decem r. Mr. Herrick sta -d he felt they may have reached a s ution, but the company may want some ssurances from the City, if the park fe is paid, there wouldn't be another sessment at the time the property is develop . He stated other matters w e discussed that seemed reasonaf,le, however, the presentatives wanted a opportunity to go back and talk '.:o their clients. MOTIO by Council oman Moses to table this .item to the first meetin in Dec er, Seconded by Councilman Schneider-. Upon a voice vote, all v 'ng a , Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF OCTOBER 29, 1980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT. SP #80-11. TO ALLOW Mr. Flora, Public Works Director, stated this request for a special use permit is made by Dr. Gilbertson to use the property at 7599 University Avenue as a psychiatric clinic for out-patient counseling. He explained this would be a use allowed in an R-1 zone, with a special use permit, and the Planning Commission has recommended approval of the request. Mr. Flora stated Dr. Gilbertson is a licensed psychologist, a resident of Fridley, and his business would be on a low profile. He stated Dr. Gilbertson plans no changes in the structure and there would be no traffic congestion in the area from this business. Mr. Flora further explained staff would be working with Dr. Gilbertson on screening and parking, and a small sign probably would be put up on University and Osborne to identify the business. Mr. Flora stated Dr. Gilbertson has visited all the property owners, covered in the public hearing announcement, and explained his operation and has received no adverse comments. No persons in the audience spoke regarding Dr. Gilbertson's request for a special use permit. 297 THE MINUTES OF THE REGULAR MEETIN OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 17, 1980 The Regular Meeting of the Fridle City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audi nce in the Pledge of Allegiance to t Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, uncilman Fitzpatrick, Council man Moses, Councilman S hneider and Councilman Barn to MEMBERS ABSENT: None Mayor Nee welcomed the Fridley Girl touts who were prese in the audience to observe the Council meeting. APPROVAL OF MINUTES: PUBLIC HEARING MEETING, NOVEMBER 10 1980: MOTION by Councilwoman Moses to appro a the min es as presented. Seconded by I Councilman Schneider. Upon a voice vo e, all oting aye, Mayor Nee declared the motion carried unanimously. j ADOPTION OF AGENDA: I Councilman Schneider requested the foll 'in) items be added to the agenda: Discussion of the Day Care License App icat•.on by Roger & Betty Papke; and ConsIderation of Mid-Blopk Street Li t S andard - E. Danube Road. MOTION by Councilman Parnette to a 1* pt _ a'genda with the above additions. - Seconded by Councilwoman Moses. on a voice vote, all voting ayV, Mayor Nee declared the motion carried unan'nously. OPEN FORUM, VISITORS: There was no response from t audience under ;,this item of business. I NEW BUSINESS: i FIRST READING OF AN ORDIN CE ON VACATION REQUEST, SAV #80-09, PETITION #8-1980 TO VACATE 12 FOOT ALLEY 6000BLOCK BETWEEN 2ND AND 2-1/2 STREET, HYDE PARK MOTION by Councilman Fit, patrick to waive the reading and approve the ordinance upon first reading. Sep_onded by Councilwoman Moses`: Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously. FIRST READING OF AN 01INANCE ON VACATION REQUEST. SAV #80-10. TO VACATE ONE 1 MOTION by CouncilmaFitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses-. Upon a voice vote, all Voting aye, Mayor N e declared the motion carried unanimously. f1Mfl READING Uh AN OROINANCE ON VACATION REQUEST, SAV #80-11, PETITION #9-1980 TO VACATE SIX FOOT ALLEY EASEMENTS, OAK GROVE AND MOORE LAKE PARK 2ND ADDITIONS: MOTION by Council an SchneiA er-to waive the reading and approve the ordinance upon first readin Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. l A REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 3 Mr. Qureshi, City Manager, pointed out that clinics are allowed in an R-1 zone, with a special use permit, but felt, if this was approved, there should be some specific restrictions imposed as he has seen where a stivation like this could snowball, as in other communities, where you have many residences being converted to commercial uses. Councilman Barnette asked if he!had any partners in his clinic. Dr. Gilbertson stated he had no partners, but may incorporate for tax purposes. Councilman Barnette asked Dr. Gilbertson if he had any.objection if it was stated this clinic would be solely operated by him. Dr. Gilbertson stated, as he told the Planning Commission, he would abide by any conditions. He pointed out there would be no structural changes to the dwelling and has talked with the staff regarding six parking spaces, which Mr. Boardman felt was adequate. He felt he could abide by stipulations to operate in a low profile manner. Mayor Nee asked if anyone would be living in the dwelling. Dr. Gilbertson stated he is only in the office about 20 hours per week, and depending on the.need for some kind of security, he thought perhaps a student could live in the basement, but hasn't activley contemplated anyone living there. Mr. Qureshi asked what provisions were being made to screen the property on the South side. Dr. Gilbertson stated there is shrubbery and a fence on the South side of the property, however, he planned to replace the existing fence . Mr. Qureshi felt, if the Council wished to approve this request, the special use permit should be allowed for a two year period and for a -specific purpose. Fur -,.her, there should be six off-street parking spaces provided, with screening, and .there should be no on -street parking and the City would post "No Parking Signs" if there was a problem that warranted it. MOTION by Councilwoman Moses to grant special use permit, SP #80-11, with the following stipulations: (1) That this structure be restricted for use as an out-patient psychiatric counseling clinic; (2) That no changes be made to the existing structure; (3) That the applicant work with the Planning Department on the landscaping and fencing of the parking lot; (4) That six off-street parking stalls be provided, with no on -street parking; and (5) That this special use permit is granted for a two year period and is to be re-evaluated at the end of that time. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to receive the minutes of the Planning Commission Meeting of October 29, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION OF Councilwi,an Schneider asked and why t ey are meeting on ,qrY COUNCIL MEETING SCH e Council was not meeting ber 21. Mr. Qureshi,'",(city Manager; pointed out there are five and since Nov6hber'2 �s close to election, a meeting, for that date. Mie stated, as far as December 21 is i W changed if the Coil did not wish to meet.on this r2 ays in November n't be scheduled 14ed, this could be MOTION by Councfiman hneider to adopt the,Vo meeting schedule, with the amendmeniy''to delete e Council meetingmber 21, 1981. Seconded by Council an Barnette. n a voice vote,ting aye, Mayor Nee decla the motion carried 'animously. EGULAR MEETING OF NOVEMBER 17, 1980 PAGE 4 M TION by. Councilman Schneider to adopt the Holiday Schedule as submitted wi h optional holidays as proposed. Seconded by Councilwoman" Moses. Upon a nice vote, .all eating aye, Mayor Nee declared the motion carried unani ously. MOT N by Councilwoman Moses to delete the December, 1980 Conference M ting. Seco ded by Councilman Schneider. Upon a voice vote, all.voting aye, ayor Nee d•clared the motion carried unanimously. CONSID ATION OF CONTINUING THE PROPERTY AND CASUALTY INSURANCE PRGRAM FOR 1981 WIXI TRANSCONTINENTAL BROKERS: Mr. Inma\ofaying ned the City, when they bid their property and casualty insurance in 1979,option to renew the contract for a one, two, r three year period. ained the City has received a quote from Tr scontinental Brokerserage for 1981 which is $7,936 less than t e exact same coverage in 1980.ted his recommendation would be to cont; a the City's 1981 insurancranscontinental Brokers as the cost is wer and there is an advantagng with the same broker to eliminate problems of overlaping claims. taying with one agent eliminates the dministrative cost of familiarnew agent with the City's internal surance policies and practices. i Mr. Qvreshi, Cit Manager, felt because there wa a decrease in the cost, it was prudent for the C ty to exercise their option, s noted in the bid, to continue the property and c ualty insurance program fo 1981 with Transcontinental Brokers. Mr. Richard Aune, of he Rice Creek Agency, Stated, if the City were to continue the bid, next year he ouldn't be allowe to bid as Home Insurance takes the position that once they have an agent w tiros with them they will no longer bid w1th any other agent He felt wha the ,ity would be doing in the future is elirinating all compe 'tion. Mayor Nee stated it seems him if they didn't exercise their option, they would be penalizing Transcontinen -1 Br ers for initiating a savings of over $7,000. Councilwoman Moses felt the Co cil was here to represent the Community and i should get the best services f the least amount of money.. Mr. Aune stated he is lookin at he future and the City will not have any competitive bids and won't now i they are getting a good price. i Mr. Qureshi pointed out n t many com anies are writing insurance for municipal- ities so there are other rograms and options cities are looking into for coverage. Mr. Herrick, City Att ey, stated he wou d have a question if Home Insurance is the only company at is going to bid i the future. He explained if two or more agents appr ch Home for the right bid and the same quote is given to all agents, the ouncil would have the sa situation, as in the past, where two or more .gents both bid the same cc m any and the same figure. He stated the Counci is not choosing insurance cc anies and price, but choosing agents. He felt in this case, all the Council uld do is check out the agencies and the r record to determine where they hink they would get the best service. ; Mr. Qireshi s ted representatives from Transcontinent 1 Brokers and Rice Creek Agency ere both to be present at this meeting, h ever, the representative from Transc tinental Brokers was delayed getting here an thought perhaps this item should be tabled until later in the meeting. MOTION by Councilwoman Moses to' table this item to later in a agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, M or Nee declared the motion carried unanimously. QTY OF FRIDLEY, NnVaMM �G' ,@, � /77 Y-/ ADDRESS AND LWAL DESCRIPTION: • 7) lei%17%6 • ON !0j • 0:1� pi• DATE: ADDITIONS: A. ZONIM ACTION: ORDINANCE NO: B. SPECIAL USE PERMIT (S) : C. LOT SPLIT (S) D. VACATION(S): # ORDINANCE NO: E. VARIANCES F. EASEMENTS: Bikeway/walkway Street right–of-way Utility Drainage Alley Other (Specify) G. LICENSE S) (List): Date of Renewal: lq�w H. STIPULATIONS (List): DATE REQumml l/1 1 80 DATE COMPLETED 1. There be no on -street parking (2) The size of the clinic be limited to the ex shall work with City staTT on landscaping and exterior development (4) This Special Use Permit shall be reviewed in 2 years 5. Ihe City- staff will work with petitioner to define the size and location of sign on the property I. MISCELLANEOUS: r' e _J f f,; r a� F December �I I 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 16, 1980 f Dr. James H. Gilbertson 6801 Channel Road Northeast Fridley, Minnesota 55432 Dear Dr. Gilbertson: Reference your letter of December 10, 1980 to the the parking proposal for your new clinic located Avenue Northeast. TELEPHONE (,1312)571-3450 CManager on a 7599 Universit- , We have reviewed the intersection and do not have any objection to parking on the east side of the street, until your parking lot can be constructed in April of 1981. To ensure safety of the intersec- tion, we will install a NO PARKING HERE TO CORNER sign on the east side of the street approximately thirty feet south of the current STOP sign. This should allow you two spaces before the driveway and an additional space after the driveway, plus that which is available on the driveway and apron of the garage. During the winter period, there would be no objection to parking on the grass in that area pro- posed for the parking lot. If this is agreeable, you may use the on -street parking until the parking lot is constructed but not to exceed May 15, 1981. Since/rely yours. �HNG. FLORA, P.E. Public Works Director JGF: i k Nasi -m Qureshi. C-L'u.v IN-lana-er - C� - City Fridley G i -%/ i c i t. e r 6431. F r i - d 1.ev , IMN o 5 3 !)car r,1r. (_)'ur e. s i i I: Dr - snn ",onsiiI Psychologist 4 e " L', C% s , �', i\j n 2 As vou are aware on Novevqher 1.7, 1180. the Fridley City Council. off ic i al I 'N" approved fi-,y roquest for SP No. 80- 1-1, to allow an outpatient clinic at the :)r0pi2-.rLv 1 P1117 - chased at 759() versity AAenuc, Norrli)e<ist. Also at chat time, r indicated Lhe r1 >ecl For a sTuall- ing area; and action t-_,.ikeii by the City Council_ noted that there woifld he no on-st-reet: park i Tig Since that time 1 ha-ve been contact w ith seven or eight small -construction Firms to nbLain bids and begin- nin Work on r. he pare. n arca . All OF Vhese Fi.=; Have ind(cslcecl V.,oulcl CIO 1)o wo'.-P: on t-11C`c"a r pro.!ect. k�7 0 t: Fto N/ t1.1<f 1 o Lhave p m w v o r r) 1,11-1 (1, am cc) ri iJi u J. n (Y to contact snial 1 0111<:t ;-I I c L i on is i r n i o hu(- Y foresee Ci-iaL F wi 1 1 1,e unablo., rx) pro- vi.dc a pr-irk-ifij­ area for the wirwer joolIU-Is o.,F 1 980--8 i My L a r g et. do t: c for m ci v i vi g f2 F i C' 0 S i I; JaUtW 17,V 5 5 1981. For that. reason, 1 arti ri,qiiesrinp that t -1 -le of Fri-dley allow on-Stre.eL parking 1a111:11 Spri 1-_ 1�') "3 1 and the begihrii.r)s c t n s L r i ic t i nn S S T-1 A h:, L T-, J me I would r1lo""c to rL-c, f -ho-, parking. 1-1 r will. use e. garage and the �-ilre_,-_idv exi-sting cJrtv(nva-,,T for some, parkiric, do s e e pan o_-verflow Dossibil-ity of threr�-� r.() 1*our c -irs until -rhe could he cl e orf 1 o p d I you would need any oth(,r. I would be more tl'_)-Ari happy LO f.)r0Vj_Cie j.t J -C) n 1,, v ou j.r) advance for vni-ir cooperation. C c, r e l.y Jamq H. ,T) s v i�.-] -I o g, i.; ensecl rt John Flora :C, )i- a I CITY OF PRIM EY MEMORANDUM TD: NASIM OMU SHI, CITY MA PBM PROW: �"" �T HILL, ECONOMIC ASSISTANT SUBJECT: SP #80-11 M ALLOW AN OUTPATIENT CLINIC AT 7599 UNTVEEtSITY AVENUE N.E. DATE: WVEMBER 3, 1982 On November 17, 1980, the City Council approved special use permit #80-11, to allow an outpatient clinic at 7599 University Avenue N.E. with the following stipulations: 1. That there be no on -street parking, 2. That the size of the clinic be limited to the existing structure, 3. That the petitioner shall work with the City Staff on landscaping and exterior development, 4. That the City Staff will work with the petitioner to define the size and location of signage on the property, and 5. That this special use permit shall be reviewed in two year. Items 1 and 2 have been completed satisfactorily and items 4 and 5 are being reviewed by the City Council on November 8, 1982. Item 3 has been partially completed with the following items to be considered for completion: 1. The drainage break along the southwest corner of the parking area should be back-filled to avoid erosion and undermining of the concrete, 2. Install plantings along the west fence according to the approved landscape plan, and 3. The existing fence could be extended along the east parking area running north to screen the parking area, headlights and related activities from the property to the east. Would recommend the City Council review the Special Use Permit and provisions and the request for signage for approval. If additional information is needed regarding this matter, please feel free to contact me. Thank you L/� John Flora, Public Works Director 4/0/26/4 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 55432 TELEPHONE ( 812)571.3450 November 20, 1980 CITY COUNCIL ACTION TAKEN NOTICE James N. Gilbertson 6801 Channel Road N.E. Fridley, MN 55432 Dear Dr. Gilbertson: On November approves your request Tor with the stipulations liste 1: There be no on street parking. the Fridley City Council officially 2. The size of the clinic will be limited to the existing structure. 7599 University Avenue N.E. 3. The petitioner shall work with the City staff on landscaping and exterior development. 4. This Special Use Permit shall be reviewed in two years. 5. The City staff will work with you to define the size of sign and location on the property. If you have any questions regarding the above action, please call the Cam;unity Develorment Office at 571-3a5O. Sincerely, ERRDLD- L: EUARMHAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. 60cur with action taken.. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 65432 TELEPHONE ( 812)571-3450 CITY COUNCIL November 15, 1982 'ilbertson iel Road N.E. 4n 55432 ACTION TAKEN NOTICE On November 8, 1982 'the Fridley City Council officially approved your request for extension of Special Use Permit, SP #80-11, and a sign with the stipulations listed below: 1. Improve the drainage area. 2. Need more landscaping on the property. 3. Extend the fence on the east side of the property. 4. The Special Use Permit has been extended for three years. 5. The sign is allowed as long as you use the property at 7599 University, must come down if there is a new tenant. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, R OLD L. OAR N JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. January 3, 1983 Mr. Darrel Clark Zoning and Planning Dept. City of Fridley Offices 6431 University Avenue N.E Fridley, Minnesota 55432 RE: Newly installed sign at 7599 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Clark: On December 27, 1982 I received a complaint regarding the newly installed sign, by Mr. Ron Gabrielson, who is immediately adja- cent to the northeastern edge of my property. Mr. Gabrielson's address is 310 Osborne Road, Fridley, Minnesota 55432; his phone number is 786-9064. Mr. Gabrielson indicated tdhat he was upset about the sign for two reasons; A) he noted that I had promised that no sign would be erected on that corner, and; B) the lighting for that sign overspills and illuminates his bedroom window on the western side of his home. He also expressed concern about the loss of property value because of the sign which indicated the presence of a counseling center. In response to Mr. Gabrielson's complaint, I phoned him on the same day and discussed the matter with him. I indicated to him that I did not recall ever promising that no sign would ever be present on this property and, in fact, my notes and records on the minutes from the actual public hearing for the Special . use permit indicated ruy iritention %o work with Liie city of Fridley for an appropriate sign. I do remember telling the neighbors when I canvassed them prior to the special use permit application that because the property could not be commer- cially rezoned that they would not have to worry about any garish, neon -lit sign that might represent an eyesore. Mr. Gabrielson's second camplaint is well founded. There does appear to be an overspill from the directed beam of the light that does illuminate the west side of his home. Currently I have that light on a photo -electric cell so it does go on KJ Mr. Darrel Clark Re: Newly installed sign -2- January 3, 1983 in the evening, stays on all night, and goes off in the daylight. On December 27, 1982, I contacted Bacon Electric, who installed the lighting fixture, and asked that we remedy the situation by the following: 1) angle the light more to the southeast, which will reduce the direct _.illumination to the west, 2) to obtain light baffles both on the top and side (left) of the fixture which will further reduce illumination and 3) install an automatic timer switch that would turn the light off at 9:30 P.M. and then on again at 6:30 A.M. I believe that these steps will reduce any ongoing illumination or glare to Mr. Gabrielson's residence. I plan to check with him when the necessary improvements have been made. As you are aware, I am continually interested in maintaining good relationships with those neighbors adjacent to me. If there are other complaints that by-pass me and of which I am not aware, I would appreciate your contacting me so that I can remedy them in the quickest manner possible. Thank you for your continued cooperation in my endeavors. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/jl ® PLANNING DIVISION crrY F NTMORANDLIM 0 FRIDLEY MEMO TO: John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning Coordinator MEMO DATE: October 31, 1985 REGARDING: Gilbertson Special Use Permit Dr. Gilbertson has moved his operation out of the house on the southeast corner of Osborne and University. He is now renting it out to his son as a single family home. We will be sending up a letter to this effect. He has also agreed to remove the sign and light from the front yard. JLR/dm M-85-125 To Fridley City Council Members: s William Nee Dennis Schneider Robert Barnette Edward Fitzpatrick Edward Hamernick FROM: James H. Gilbertson, Ph.D. SUBJECT: Review of Special Use Permit SP#80-11 on May 7, 1984. On May 7, 1984, you will be reviewing my Special Use Permit SP#80-11 - "a counseling clinic at 7599 University Avenue Northeast". As you are aware, this is a special review as my next scheduled review is not until November 1985. It is my understanding this review was prompted by the continued complaints of Mr. Ronald Gabrielson who resides at 310 Osborne Road, a resident east of and adjacent to my property at 7599 University Avenue Northeast. I consider it unfortunate that City Council time need be spent on resolving Mr. Gabrielson's and my dispute. I have felt we were making progress to its resolution on an informal basis. In fact, as of late, Mr. Gabrielson said he was "satisfied" with my modification. For your perusal I have included a chronology of this clinics operation and my attempts to be responsive to Mr. Gabrielsons concerns. I have also included additional attachments which are: 1. A notorized signature list of all other neighbors in my Special Use Permit canvassing area who attest by their signature that they have no complaints with my current Page 2 sign or office operation. (See exhibit 7) 2. A current appraisal that counters Mr. Gabrielson's appraisal opinion. (See exhibit 8) 3. Traffic arrival and departure data based upon fifty random patients to show traffic flow; and traffic parking data based upon total office patient figures drawn from April 13 1983, to April 1, 1984. (See exhibit 9) 4. A letter of intent submitted by Pine Cone Nursery for needed landscaping. (See exhibit 10) 5. A photograph of the current sign in place. (See exhibit 11) 6. A review of my compliance with each and every City Council stipulation on my Special Use Permit. I will be in my office from 12:30 until 2:00 on Saturday, May 5, 1984. I would encourage you to make an on-site visit to the office at that time so you might be able to see the interior of the building and raise any questions you might have regarding this operation. I also will be available during the weekend for any questions you might have were you wishing to call. My home phone number is 571-9002. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/lb a . � .?....�1)f..• [ a '!;iry (...( i!._•i _.32(7 �. � •� � CHRONO LOG Chronology of Counseling Clinic at 7599 University Avenue. Northeast. November 1980: June 1981: On November 17 the City Council approves Special Use Permit SP#80-11 for "counseling clinic at 7599 University Avenue Northeast". Five stipulations are set forth at that meeting. (See -exhibit 1) A concrete parking area was built adjoining the home on the South side of the property for patient parking. November 1982: On November 8 the City Council; favorably reviews the Special Use Permit and gives approval for sign construction. In addition to three other stipulations, the City Council schedules the next review hearing for November of 1985. Construction begins on the sign. (See exhibit 2) December 1982: Mr. Gabrielsons first complaint that the light from the sign illuminates his house preventing sleep. He also expresses concern about the sign proper; and its potential to reduce his property value. January 1983: Modifications in the sign's illumination are made and a letter drafted to Mr. Darrel Clark setting forth my response to Mr. Gabrielson's concerns. (See exhibit 3) May 1983: More fencing is parking area to as a noise baffle area. added on the Eastern side of the reduce illumination and to serve from the service road and parking August 1983: Mr. Gabrielson in an office visit expresses further concern over the sign and on -street parking.~ Chronolog Page 2 August 1983: I respond to Mr. Gabrielson's concerns by letter; a carbon copy is sent to Mr. Qureshi. (See exhibit 4) August 1983: I have a telephone conversation with Mr. Qureshi regarding Mr. Gabrielson's concerns. Mr. Qureshi recommends that No -Parking signs be placed on teh Western frontage of the property adjacent to the service road. I concur with such. November 1983: I hold an open house for all neighbors to solicit their opinions and potential critiques of my office operation. Mr. Gabrielson and one other neighbor who is favorable to my operation appear. December 1983: I meet with Mr. Deblon and Mr. Flora to try to trouble shoot Mr. Gabrielson's complaint. On the basis of that meeting, I agree to change the sign as set forth in my letter to Mr. Gabrielson of December 29, 1983. (See exhibit S) Januar 1984: On January 7 I meet with Mr. Gabrielson to review our positions. Mr. Gabrielson continues to object to the sign and my offering of my letter of December 29. He is against any sign that would state "Licensed Consulting Psychologist". I verbally agree at that time to make further changes on the sign; reduce the shape of the sign, its sign content, and the illumination. January 1984: On or about January 18 Mr. Gabrielson obtains an appraisal opinion regarding the sign and its relation to his property. March 1984: I set forth in a letter my decision on the nature of the sign size, content, and illumination as well as plans for landscaping. (See exhibit 6) Chronolog March 1984: March 1984: March 1984: Page 3 Mr. Gabrielson submits his appraisal opinion to Mr. Flora with request for City Council review. I visit with Mr. Flora who notes the issue will be brought forth for council action. An agreed upon date is May 7, 1984 I submit to Mr. Gabrielson a copy of the plans for landscaping the sign and the property area. April 1984: I personally canvass the community and find no neighbor, othe than Mr. Gabrielson, critical fo my sign or practice and willing to attest to such via their signature on a notorized petition. I find several neighbors very critical of Mr. Gabrielson. (See exhibit 7) April 1984: I secure a second appraisal opinion. (See exhibit 8) May 1984: I submit to each member of the City Council pertinent information regarding my attempts to rectify Mr. Gabrielson's concerns. 1. 2. MR 4. 5. STIPULATIONS OF THE SPECIAL USE PERMIT There will be no on -street parking. Compliance and Action Taken: A parking area was built adjacent to the office in June of 1981. We continually monitor on -street parking in this clinic. We recommend that No -Parking signs be placed on the westerly property line adjacent to the service road. The size of the clinic will be limited to the existing structure. Compliance and Action Taken: The existing structure of the home has remained intact. There has been no additional building or modification of the exterior or interior of the original structure. The petitioner shall work with the city staff on landscaping and develo2ment. Compliance and Action Taken: Work with the city has been continuous and plans submitted for landscaping and exterior changes, ie: fencing; landscaping. This Special Use Permit shall be reviewed in two years. Compliance and Action Taken: This Special Use Permit was favorably reviewed on November 15, 1982, with the next regularly scheduled review set for November 1985. The city staff will work with you to design the size of sign and location on the property. Compliance and Action Taken: A sign permit and sign design was presented to the City Council for their review on November 8, 1982, and approved. On November 8, 1982, the Fridley City Council extended my Special Use Permit and assigned the following stipulations: 1. Improve the drainage area. Compliance and Action Taken: Original drainage problems occurred because of . the new construction of the parking area in June of 1981, and subsequent heavy rains. This was corrected by backfilling and by replacement of necessary sod. To my knowledge there has not been a recurrence of the draingage problem. Stipulations of the Special Use Permit Page 2 2. Need more landscaping on the property. Com2liance and Action Taken: Plans have been submitted to the City Engineer and a letter of intent has been secured from Pine Cone Nursery to landscape both the sign area and the area around the fence on the western edge of the property. 3. Extend the fence on the East side of the property. Compliance and Action Taken: An additional length of fence was completed in May of 1983 that reduces both headlight illumination and sound from the service road and parking area. 4. The Special Use Permit has been extended for three years. Compliance and Action Taken: Agreed. 5. Sign is allowed as long as you use the property at 7599 University Avenue and must come down it there is a new tenant. Compliance and Action Taken: Agreed. 6431 UNIVERSITY AVENUE N.E., I. Gilbertson cannel Road N.E. MN 55432 Gilbertson: On November 17 _.1980 arproved your request fer w1th the stipulations lis CITY COUNCIL ACTION TAKEn, NOTICE FRI®LEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 November 20, 1980 the Fridley City Council of; is till.y Z_IL-ta-alj.ow an Z -.at -7599 University OW. Avenue N.E. 1. There be no on street parking. 2. The size of the clinic will be limited to the existing structure. 3. The petitioner shall work with the City staff on landscaping and exterior development. 4. This Special Use Permit shall be reviewed in two years. 5. The City staff will work with you to define the size of sign and location on the property. If you have any questior►s regard;:: the above :�ctior., ;ziaas. call the Ccr.1muni xy Develop -Ment G f i a4 57'11-3-':-"". . Sincerely, �ROLD L. CCtir,- JLB/de city Planner anrer Please review+ the noted stipulations, sign the stateitient below, and return the copy to the City of Fridley. CtinC'; :rith acfita>,'.en�`_ OF FRIDLEY, I A 0431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 68432 TELEPHONE ( 0/2)571.3450 CITY COUNCIL ACTION TAKEN NOTICE November 19, 1982 James H. Gilbertson 6801 Channel Road N.E. Fridley, Mn 55432 On November 8, 1982 the Fridley City Council officially approved your request for extension of Special Use Permit, SP #80-11, and a sign with the stipulations listed below: 1. Improve the drainage area. V 2. Need more landscaping on the property.`�� 3. Extend the fence on'the east side of the property.c", 4. The Special Use Permit has been extended for three years.,-' 5. The sign is allowed as long as you use the property at 7599 University,.. - must come down if there is a new tenant. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sipr,_erely, RROLD L. ` 0ARDMMAN JLB/deCity Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action a en. January 3, 1983 Mr. Darrel Clark Zoning and Planning Dept..` City of Fridley Offices 6431 University Avenue N.E Fridley, Minnesota 55432 RE: Newly installed sign at 7599 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Clark: On December 27, 1982 I received a complaint regarding the newly installed sign., by Mr. Ron Gabrielson, who is immediately adja- cent to the northeastern edge of my property. Mr. Gabrielson's address is 310 Osborne Road, Fridley, Minnesota 55432; his phone number is 786-9064. Mr. Gabrielson indicated tdhat he was upset about the sign for two reasons; A) he noted that I had promised that no sign would be erected on that corner, and; B) the lighting for that sign overspills and illuminates his bedroom window on the western side of his home. He also expressed concern about the loss of property value because of the sign which indicated the presence of a counseling center. In response to Mr. Gabrielson's complaint, I phoned him on the same day and discussed the matter with him. I indicated to him that I did not recall ever promising that no sign would ever be present on this property and, in fact, my notes and records on the minutes from the actual public hearing for the special use permit indicated my intention to work with the city of Fridley for an appropriate sign. I do remember telling the neighbors when I canvassed them prior to the special use permit application that because the property could not be commer- cially rezoned that they would not have to worry about any garish, neon -lit sign that might represent an eyesore. Mr. Gabrielson's second camplaint is well founded. There does appear to be an overspill from the directed beam of the light that does illuminate the west side of his home. Currently I have that light on a photo -electric cell so it does go on Mr. Darrel Clark Re: Newly installed sign -2- January 3,1983 in the evening, stays on all night, and goes off in the daylight. On December 27, 1982, I contactgd Bacon Electric, who installed the lighting fixture, and asked that we remedy the situation by the following: 1) angle the light more to the southeast, which will reduce the direct illumination to the west, 2) to obtain light baffles both on the top and side (left) of the fixture which will further reduce illumination and 3) install an automatic timer switch that would turn the light off at 9:30 P.M. and then on again at 6:30 A.M. I believe that these steps will reduce any ongoing illumination or glare to Mr. Gabrielson's residence. I plan to.check with him when,the necessary improvements have been made. A s you are aware, I am continually interested in maintaining good relationships with those neighbors adjacent to me. If there are other complaints that by-pass me and of which I am not aware, I would appreciate your contacting me so that I can remedy them in the quickest manner possible. Thank you for your continued cooperation in my endeavors. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/jl James H. Gilbertson, Ph.D. 7599 University Ave. N.E. Fridley, Mn. 55432 - - --- August 31, 1983 Mr. Ron Gabrielson 310 Osborn Road Fridley, Mn. 55432 Dear Mr. Gabrielson: My office informed me of your recent office visit on August 26. As you are aware, I was out of the country on vacation at the time. I attempted to contact you by phone when I returned to the office on August 29, but there was no answer at your home. I certainly am most willing to meet with you to discuss your concerns, to answer any questions, and to respond to any complaints you might have regarding this clinic operation. Further, I have instructed my secretary to plan for an open house for the neighbors that will occur later in September. I believe it would be helpful for others to visit our premises and acquaint themselves with our operation. At that time, there would be an opportunity to answer any questions regarding the operation and to hear the concerns and impressions of others. January of 1984 will be the fourth full year of this clinic's operation and I believe there has been no material change in our scheduling, the amount of traffic generated, nor in our continuing wish to maintain rapport and goodwill in this community. I thought it might be appropriate to provide you with the following information and clarification that may answer some of your concerns but will, at least, provide a starting point for our direct discussion. I. The sign installed in December 1982.: 1) I -received your complaint of December 27, 1982. You will note that I attended to the pertinent issues as I saw them and I hoped they were received with satis- faction. 2) I assumed that in not hearing from you,'that my ef- •.forts to reduce.illumination on your home had in fact " been successful. . 3) 1 -cannot comment on the presence of this sign under- mining or undercutting the actual property of your home. eA46 Mr.. Roti Gabrielsorn -2- August 31, 1983 a. I have found, as others have found, Lhe sigh to be tasteful and designed to blend into the sur- roundings of this corner lot. b. There are still landscaping improvements that we plan to execute this fall, which will only serve to beautify the area. 4) I.n the construction and installation of: this sign, I followed all council and zoning dictates, specific- ally: a. Indicating my intent to have a sign in the orig- inal public hearing for the permit in November • of 1979. b. The presentation of,the actual plans for tho shit at a public hearing for the sign in November of 1982.- C. 982.c. Constructing the sign within the square fooLage limitations as authorized for resideciLial erty. d. Following all codes regarding electrical iii5t<<1- lation and illumination. e. Special installation of an automatic timer in response to your concern and complaint ui December 1982. II. "Several new doctors operating in this building". - I am the only full time professional in this office al- though, I have two part' -time associates who provide: 1) Back-up services for me when I am out of the office. 2) Vacation and sick coverage. 3) The emergency services to patients when I have been booked or am not available. 4) I am the only professional in the office during three days of the week and the other part-time personnel share one or two days weekly. Their addition to traffic,, is usually only one car hourly during the four to five.hours that they are present.,here. There .are never more than myself and a part-time associate f in this office .on .any,., shared day. 5 ) As you ara':•cextainly'-awar.e,, ,the constraints of; a. the council prohibition regarding the exterior --I ^P thi c hili 1 ai na _ • s 2192 b. and our limiCed marking, should be viewed zis.your guarantee that this clinic will not depart from its expressed intent to be quiet, to keep a low profile, and to be residential in delivery of services. C. I would hope that in your future insperctiaii of our office that you will come to realize how small the building is and the limitations it naturally provides for our practice. I can assure you that this building will never increase in size to present overuse, implicitly noted in your concern. II1. "Inadequate Parkin that has causedark king on the streets": I am of the opinion that we have adequate parkin; for our • clinic. However, your concern about on -street parking is one that we also share. As you know, the special use permit specifically prohibits on the street parking and we attempt -to monitor this in all our patients. However, there are instances of on -street parking that appear to fall within one of three categories: 1) Winter/seasonal instances where ice conditions or delayed snow removal prevents negotiation of the small hill into our parking area. During; such timos, patients have elected to park on the street. 2) Patients who appear to be phobic about parkin and resist parking anywhere that requires backing up or jockeying into a small area to park. 3) Patients who come in large vans or campers and who park in such a manner to prevent others from utili- zation of the parking area. These however are usually only instances and we attempt to monitor and hopefully avoid them with our paticnLs. In a recent conversation with Mr. Nasim Qureshi, the Fridley City Manager, he proposed the posting of no -parking signs along the eastern edge of the frontage road and adjacent to the 7599 Uni- versity Avenue site. I am not adverse to that and would welcome it as it would lessen our need to continue to monitor on -street parking. I hope these comments and clarifications can provide the basis for the resolution of your concerns and provide assurance to you of my continuing wish -to. -maintain goodwill with my neighbors and to respond promptly to situations that are in need ,of reasonable re- mediation or'attention. Sinc rely,- Jame H. Gilber son, Ph.D. Licensed Consultine Psvcholoaist _ Behavior Intervention Speqialists 7599 UNIVERSITY AVE. N.E., FRIDLEY, MN 58432 7844782 December 29, 1983 Mr. Ron Gabrielson 310 Osborne Road Fridley, Minnesota 55432 t Dear Mr.'Gabrielson: On December 21, 1983, I met with Mr. Deblon of the Planning Department and the City Engineer, Mr. Flora. Cy I reviewed with him the various complaints that I had received regarding on -street parking and the current business sign. After our discussion, I offered a compromise to change my sign to an announcement that I hope will avoid your concerns and objections. The sign will, be as follows: 4 OF MINNESOTA r. JAMES H. GILBERTSON, Ph.D. DIRECTOR I will continue to have the sign illuminated during certain hours, but am planning to add additional light baffles and will contract for landscaping of the sign area when the ground thaws in spring to provide an attractive, light shielding surround for the sign area. Those two improvements should prevent any unwanted illumination or glare on the east side of your home. We also discussed no -parking signs on the street, and they will be installed sometime in the spring. I hope these modifications will restore your confidence in my' wish to remain amicable and responsive to the neighborhood. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist CC: Mr. Deblon Behavior n Specia'lists 7590 UNIVERSITY AVE. N.E., FRIDLEY, MN 55432 ;,1 ;v March 6, 1984 Mr. Ronald Gabrielson 310 Osborne Road Fridley, Minnesota 55432 Dear Mr. Gabrielson: I want to bring you up to date on my plans regard- ing the office sign since our Saturday meeting of January 7, 1984. At that time I indicated to you that I would be willing to: 1) Disconnect the light from the sign 2) Modify the sign size and its announcement, and 3) Provide for attractive landscaping around the sign area. 3 At this time I am hoping to pursue these changes, weather permitting, on the following schedule: 1) I have disconnected the sign as of January 10, 1984. OF MINNESOTA 2) I hope to have the current sign dismantled by March 15, 1984. 3) I hope to have a change in the announcement review ready for your inspection by April JAMES H. GILBERTSON, Ph.D. 1, 1984. As I indicated to you in our DIRECTOR meeting, I would prefer a sign that would simply state 7599 University Avenue Northeast. 4) I have contacted ne one ursery n oon Rapids who will be providing the landscaping and they indicate to me that they will meet with me to plan the landscaping area as soon as the snow melts. They also indicate that planting may begin as early as April 15, 1984, weather permitting. I will be submitting, to you a total plan in order to improve our direct communication and as a continuing wish to maintain a friendly and open posture in the neighborhood. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/lb 'rO: Fridley City Council: Mr. William J. Nee, Mayor Mr. ko'beri: L. Barnette: Mr. Dennis Seine Li W r ^r. Edward Hamernik Mr. Edward FltzpLrtrick ISE: RevLew of Special Use Permit SP#80-11: Counseling Clinic at 7599 University Avenue N.E. Gentlemen: We the undersigned have no complaints regarding the counseling, clinic practice, or -lie sign at 7599 University Avenue N.E. Name Address Phone r 2 /' S1 Cf 10 1 f�. 791-7693 Piz) vr� 3:�,'-?6;1AA1 7? -l. W y- /31 q 3 7 d L,. Ieseman JUDITH i.. l.ESEWAAN Y '�3 notary Public .1 NOTARY PUBLIC .MINNESM RAMSEY COUNTY A d6. •'Resl.Erru. N. COMMERCIAL ® .IMOu9TRIN Tim Forsythe SRA • 'Dopu tfie. y - 4�:7q##,taisafi. qnr. 2535 CENTRAL AVE. N.E. • MINNEAPOLIS, MN • (612) 789-4311 Jerry Forsythe SRA -IFAS Member_ Society of Real Estate Appraisers Six Experienced Appraisers to Serve You Ron i achenmayer • Chado,tte Forsythe • Richard Forsythe April 27, 1984 Dr. James H. Gilbertson, PhD 7599 University Avenue Northeast Fridley, Minnesota 55432 Dear Dr. Gilbertson: 0 'Mary Forsythe As requested, I have inspected the exterior of the subject property located at 7599 University Avenue Northeast in Fridley. The purpose is to offer any opinion as to the affect your clinic may have on the adjoining residential property. (In particular any affect it may have on the property located at 310 Osborne Road (owned by Mr. Ron Gabrielson - location - southeast corner of University Avenue and Osborne Road in Fridley, which adjoins the subject to the east.) I am the owner of "Forsythe Appraisals, Inc.", employing ten full time appraisers. We are averaging over 300 professional appraisals each month, many assignments are in Fridley. We are very familiar with the subject area. IN MY OPINION THERE ARE NO DAMAGES FROM THE CLINIC. THE SUBJECT IS A NEAT APPEARING BRICK RESIDENCE THAT IS USED AS A MEDICAL CLINIC. THERE IS A LOW PROFILE WOODEN SIGN FACING THE CORNER: -7s9q LLnivarsi y Ava. N.6. I SEE NO DETRIMENTAL AFFECT TO THE NEIGHBORING RESIDENTIAL PROPERTY. `IN FACT THE SUBJECT FITS IN MUCH BETTER WITH RESIDENTIAL USE THAN THE OTHER THREE CORNERS. MORE THAN 20 YEARS FULL APPRAISAL SERVICE AND STILL GROMNGI Page 2 Dr. James H. Gilbertson, PhD Specifically the property at 310 Osborne suffers from "economic obsolescence" from the heavy traffic on both Osborne and University Avenue. Also, the commercial property which it faces across Osborne also is a poor influence. Much of the general area is zoned and used commercially. The one commercial use that does not adversly affect this property is the subject. This is a quality property, well cared for, with attractive land- scaping. In no way do I consider the subject to have any adverse affect on the adjoining residential property. I offer this opinion not only as an appraiser, but also as an owner and broker of Century 21 -Forsythe (for more years than I care to admit!) Sincerely, Q� 9r� ry Forsyth SRA - IFAS JF:bj OSBOR N & Rto -- IT This sketch is for illustration (not to scale). I saw pictures included in Mr. Vandeveers report and decided not to take any more- they -would -merely -be -a- duplication. S 010 0 2.. This sketch is for illustration (not to scale). I saw pictures included in Mr. Vandeveers report and decided not to take any more- they -would -merely -be -a- duplication. 0 c This sketch is for illustration (not to scale). I saw pictures included in Mr. Vandeveers report and decided not to take any more- they -would -merely -be -a- duplication. a. 2535 CENTRAL AVE. N.E. - MINNEAPOLIS, MN - (612) 789-4311 Jerry Fbirsythe SRA -IFAS . p68roEMr1.0 Member — Society of Real Estate Appraisers s 0 1MMAL Six Experienced Appraisers to Serve You Tim Forsythe SRA - Ron Lachenmayer - Charlotte Forsythe - Richard Forsythe - Mary Famythe PROFESSIONAL APPRAISAL ORGANIZATIONS The Minneapolis Board of Realtors The Society of Real Estate Appraisers The National Assn. of Independent Fee Appraisers The National Assn. of Review Appraisers Century 21 Forsythe — Broker OFFICES HELD (Nail. Assn. of Independent Fee Appraisers) President of Minneapolis Chapter. Then State Director for State of Minnesota APPOINTMENTS By the Hennepin County District Court as a Commissioner, hearing testimony involving the acquiring or condemnation of property. Granted awards in hundreds of parcels. TYPES OF APPRAISALS Residential, Commercial, Industrial & "special purpose" properties. Full & partial takings. CLIENTS Veterans Adm. - Mn. Highway Dept. - Mpls. Housing & Redevelopment -3M- Dairyland Ins. Co. - Chicago & N.W. R.R. - Deluxe Check Printers, I nc. - Tektronix, Inc. - Honeywell, Inc. - FMC Corp. - Cargill, Inc. - Westinghouse Corp.- Employee Transfer - Executrans - Continental Grain, etc. LOCAL LENDERS: Central N.W. National Bank - BANCO Mortgage - Northland Mortgage - Knutson Mortgage - United Mortgage - Sussel Homes - Capp Homes and Postal Finance. Hundreds of appraisals involving condemnation in behalf of both the individual and at other times, the governing authority. SPECIALIZED EDUCATION AI REA — Case Study 1. SREA 101 (residential) & 201 (income prop.) courses. Univ. of Minn. — "Real Estate Law", "Real Estate Appraising" Various appraisal courses & seminars at Augsburg College, Macalester College, College of St. Thomas, V.A. & Hwy. Dept. COURT EXPERIENCE Testified as an "expert witness" in Hennepin, Anoka & Dakota District Courts in behalf of both the condemnor & condemnee. Heard testimony & granted awards as court appointed commissioner in 100s of condemnation hearings. I am a Century 21 broker but have specialized in appraisal work since 1963 and have also partici- pated in contracting new homes and renovating existing dwellings for our company, as well as land development. Appointed by District Court as a Commissioner for the downtown "City Center". Granted awards on Donaldsons, The Dyckman Hotel, and numerous other downtown parcels. Married, and the father of eight children. Lifelong resident of Minneapolis. Joined my mother, father 11/83 & brother in 1946 as member of our real estate and insurance firm. Currently a partner and half - owner with my brother. MORE THAN 20 YEARS FULL APPRAISAL SERVICE AND STILL GROWINGI S&M 1955 7 �& AWe-)W & 9414*4 , e4C• '4. R"..ase " "fenny � � Pustae sr aad W lana PO4~ i4"WwK seewo v, P%aaaaws April 30, 1984 Dr. James Gilbertson 7599 University Ave N.E. Fridley, Mn.. 55432 Dear Mr. Gilbertson; This is to confirm your purchase of a landscape plan to be installed the week of May 7th at the above address of which a down payment of one fourth of the total cost has been received. Sincerely. r Kevin Gilbertson PINE CONE NURSERY, INC. KG:ng ,9.900 r&&,y ala l., 'W.W. Co" RaAww4, w,,C� 55455 610 / 714-5096 Current Sicye::n