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SP93-01 d w � CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 62xx Fifth Street NorCheast u� ��v� Property Identification Number (PIN) Legal description: see attached Lot Block Tract/Addition Current zoning: R2/c3 Square foota.gelacreage Reason for special use permit: To allow for construction of a 3 story residential structure. Section of Ciry Code: Have you opera.ted a business in a city which required a business license? Yes No � If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER Il�1FORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Church of S:t. William ADDRESS 61st Avenue Northeast � Uniyersity Avenue Northeast Fri Ley DAYTIME PHONE 571-5600 SIGNATURE DATE 3 I NAME Westminster Corporation ADDRESS 328 Kellogg Boulevard West St. Paul, MN 55102 DAYTIMEPHONE 291-1750 SIGNATURE � r�-�-� DATE i/12/93 ar es rentice, ro�ect anager ,..,..,..�.,..,r..,,.,...�...�....,,r,�,.,...,.., �,.,.r,., Fee: $200.00 � $100.00 for residential 2nd accessoiy buildings Permit SP# �}'��d� Receipt# 1 l � Application received by: Scheduled Planning Commission date: � � �`�� Scheduled City Council date: 4KK PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Gommission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 24, 1993 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #93- O1, by Westminster Corporation, per Section 205. 09.01. (C) . (7) of the Fridley City Code, to allow homes for the elderly on Lots 1 - 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. William's church abutting 5th Street N.E Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids shou�d contact Roberta Collins at 572-3500 no later than Febluary 10, 1993. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: February 9, 1993 February 16, 1993 i . - - - - -- .— City of Fridley , PUBLIC HEARINOBEFORE . THE PLANNINO COMMISSION Notfce is heroby gNen that there wiq tiq'a PuWlc Hearing d the FNdby Pla�ning Carar�Cibn at 1he FrMley Munkipal Csntx,6431 UnWereNy Avenue N.E.tln Wednesday.February 24,1999 at 7:30 p.m. for the purpoae ot: Co�atbn d s 3pecie�Uas Permit,SP kB3- 01,by Wes3minster Corporation,per Section Zp5.p9.p1.�;�d the Fridby CHy Cods.to allow ha�xs tor tFie�klerly on Lots 1-16,Bbck 1,and Lots 1 and 3Q.Blodc 2.Norwood AddH(on W Ffldby Park,eo9atner wnn vacaeed atrests and eNeya Tne slte totals 127,505 aquare fest and fs penerally localed rwrlh and east d St.WfNlam's church abul- ting Sth Streel N.E Hea�Ing lmpalred peroons plenning to aMend who need em hderproter or oM�K p�eswu flM t�ahplMas who requke auxlllery alda should eo�tect Robe�te Colllns at 5T2-3500 ero�r than Falx�ary 10.1983. , Ary and dl peraons deshtng to bs heaM aheN be glven.an oppoAunfty at the above statad 2kne and plece. Any questiona rolated to this ftem may tie referred fo tlis Frldley Communky Deve�bpmeet DePertment qt 571-3450. DAVID NEWMAN CHAIR PLANMNG COMMISSION (FebruarX8,16,23,1983)Fridley Fxus \ - � � �'� Planning: January 15, 1993 SP ��93-01 Prepared for: MAILING I.IST Westminster Corporation (350' notification) II Church of St. William Current Tenant Nortel Cable 6120 - 5th Street N.E. 6235 University Avenue N.E. 1300 Iroquoise Drive, ��210 Fridley, MN 55432 Fridley, MN 55432 Naperville, IL 60540 II; Tota1 Minnesota, Inc. Current Tenant A. T. Gearman 6101 University Avenue N.E. 6237 University Avenue N.E. 6225 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Total Minnesota, Inc. Current Tenant Current Tenant 999 - I$th Street, Suite 2201 6231 University Avenue N.E. �6267 University Avenue N.E. Denver, CO 80201 Fridley, MN 55432 � Fridley, MN 55432 Current Tenant Current Tenant p��rrent Tenant 6209 University Avenue N.E. 6229 University Avenue N.E.}�(263 University Avenue N.E. ' Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 ' Current Tenant Current Tenant Current Tenant ' 6205 University Averiue N.E. 6225 University Avenue N.E. 6259 University Avenue N.E. � Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Current Tenant Current Tenant Ted Shirley/Current Resident 6201 University Avenue N.E. 6253 University Avenue N.E. 6242 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 A and G Enter_prises Current Tenant Ted Shirley 6205 University Avenue N.E. 6251 University Avenue N.E. zg00 Huntington Avenue Fridley, MN 55432 Fridley, MN 55432 Minneapolis, MN 55416 Current Tenant Current Tenant Bay Lake Marine, Inc./ 6225 University Avenue N.E. 6249 University Avenue N.E. Current Resident Fridley, MN 55432 Fridley, MN 55432 6232 - Sth Street N.E. � Fridley, MN 55432 ' Current Tenant Current Tenant 6223 University Avenue N.E. 6247 University Avenue N.E. Bay Lake Marine, Inc. Fridley, MN 55432 Fridley, MN 55432 144 River Edge Way � , Fridley, MN 55432 Cu�rent Tenant urrent Tenant 6221 University Avenue N.E. 6249 University Avenue N.E. Dougas Finch Fridley, MN 55432 Fridley, MN 55432 7151 Knollwood Drive Moundsview, MN 55112 Current Tenant Current Tenant 6215 University Avenue N.E. 6239 University Avenue N.E. Current Resident Fridley, MN 55432 Fridley, MN 55432 6264 - 5th Street N.E. Fridley, MN 55432 �� Current Tenant ��Herrick and Harris b213 University Avenue N.E. '�c' 6279 University Avenue N.E. Ted Shirley/Current Resident Fridley, MN 55432 Fridley, MN 55432 6252 - 5th Street N.E. Fridley, MN 55432 \ � Current Tenant Nortel Cable x, ' 6243 University Avenue N.E. 350 - 63rd Avenue N.E. Larry Crane � Fridley, MN 55432 Fridley, MN 55432 6140 - 6th Street N.E. Fridley, MN 55432 , �y Mailing List for Westminster Corp. Page 2 Stephen Larson Lisa Mayers William Kennedy 6130 - 6th Street N.E. 6221 - 5th Street N.E. 6101 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Linda Proctor Roxanne Erickson Jin Kim 6200 - 6th Street N.E. 6231 - 5th Street N.E. 6111 - 5th Street N.E. Fxidley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Virgil Lecuyer W, Scott Jeffers/ Gerard Dufresne 6.190 - 6th Street N.E. _ Ciirrent Resident 6121 - 5th Street N.E. Fridley, MN 55432 6241 - 5th St�eet N.E. Fridley, MN 55432 Fridley, MN 55432 Edwin Dudley James Saefske 6180 - 6th Street N.E. �'W, Scott Jeffers 6131 - 5th Street N.E. Fridley, MN 55432 �� 7815 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Thompson Henry Koester 6I70 - 6th Street N.E. Ronald Nienaber 6141 - 5th Street N.E. Fridley, MN 55432 6251 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Rainsford Larsen Donald Habig 6160 - 6th Street N.E. Howard Nelson 6151 - 5th Street N.E. ' Fridley, MN 55432 626] - Sth Street ,N.E. Fridley, MN 55432 Fridley, MN 55432 Stanley Selin Comstrand Inc. 6150 - 6th Street N.E. Kathleen Brady 6299 University Avenue N.E. Fridley, MN 55432 6161 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 ', Leonard Bujak Comstrand Inc. ' 6260 - 6th Street N.E. James Erickson 2852 Anthony Lane South Fridley, MN 55432 6171 - 5th Street N.E. Minneapolis, NIN 55418 Fridley, MN 55432 Lou Roerig Ted Shirley/Current Resident 6250 - 6th Street N.E. Audrey Lubinski 6272 - 5th Street N.E. i Fridle MN 55432 - � Y� 6181 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Clifford Jacobson Richard Day 6240 - 6th Street N.E. Anna Peterson 6270 - 6th Street N.E. Fridley, MN 55432 6191 - 5th Street N.E. Fridley, MN 55432 i Fridle MN 55432 y, Thomas Knutson Calvin Nelson 6230 - 6th Street N.E. Sylvester Kirschling 6271 - 5th Street N.E. Fridley, MN 55432 6201 - 5th Street N.E. Fridley, MN 55432 Fridley, N1N 55432 I� Marvin Peters Dougas Finch/ i6220 - 6th Street N.E. Charles Ruehl Current Resident � Fridley, MN 55432 6211 - 5th Street N.E. 6262 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 � Joseph Gonsior j 6210 - 6th Street N.E. Fridley, N1N 55432 — a a< � I � � � u ! r"x �+�e i � � ��i��i f t.'� �1 P _•��,� . --i� �- �u^3 `�t+'� 'j,,. }� .i'�. I = � fa _ � r r�i�"� .a, �: _ ' �' � � Q � � ��yyy' �1 F ^ � � ��FPPI 3 '_O � h _ . g3 AAA� d Z •� 'np:,; � ,a N , c i pyy .r � � �d7�7�� r�' ;V.. �i�`;'.� ,`�ir� Wi �y.^ � r��t Myhh N � -1 � .1�g� D ,....� � xe:�.. �t�' Z �i� � � �_ .S'� �.� ' ,. III • � ... A �,. i 49Y � � RFF i r 2' � �" fF:. .�; �,. , s � , � " � �`�`�' S � � � '� �''� s — � � :,��_ � � R 3 � ( �.� �b�� L E , � � �� Fk'�� i �1 � �i4 �n:� � A r x' O ri�+„f �"rc'� ��. 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' � ' , � � ;_ z i• ' � �, �; d�Dl�� t�&�b� ,� _- gROPERTY DESCRIP�IO� --- . �. � - - c ;; i�aclu�ive � Sl+�c� O�e {1�� ard Lots one and thirty� - t a a i x t c e n {t_�G3, r k a s�+ordin� to tha ��lY -. � Lo ta o�e �orWood Il�dition �o Fr i+S 1�Y Y� • � �n 81oak 't�o (2?. = , �ded plat thee`eof• ' - i. s 6�+nd Ave.), dedieated ic� tt�e plat oi' YM �rinB be:tsraee Lhe norther3Y extens�ar.s of ' 3Ga�t �s� of vacated Kz�t St. tnox lrnawrt a Ga Ft�idae�F Yax' . � ' rNur�rcwd ildditio� � siid p1at. . :, t�e aas+t s�d w��t 3.�.+�� Qf Bl.aak 2, dedientea in ttte plat t Ave. tnaw ka�n�m �� b Stc�eet7 r �tcns3.on o� � �t part cf raasted 5 � par'ic . 1?�.ii�8 �$U�r�an the +�atar�xt+ensic�n a� �he , af "�r� ��dition �o F��dl� � and tDe �eeterlY . 81adc 2� naid p�,�� t!a iine u� I•flt 3�• �t. , the �� 1 as.id p3 t ��* Sionk , „ . f f�.�o at�ic 1it� o Fridle�r P . _ _ . . ', �� a�b�od Adidltiou to - - - tea alley tn Bloak '�. t�t 1,� Blaak 1 a� �ha ?hat part o[ the vaca siau af C�� erarth- lia�� : ].��8 batxt�p tbe waatarly exten �f L,Qt g. �8�,d 81ook 1. . p7t�t1ns3.Ori O�' tL'ie sonLh 11ne ' itesLarlj l�ddi.�lon to F�'idle�t Pa��r in BYa�C 2. �p� � ssid ]�3oa�c Z . �ted �� e of Lp� • s Yao th 11 . rt ot �b f t�s �' . �� b�tweea tl�t westarly ��ait�a o �d BlaclK 2 � �� axt.e�i� � tbs ecwth line of Lo� 1• tbs �sa�e�1T ', atld • ___�. __., _. . ,.. _.__ _.. _ _. . __- �-___ ._- ..,_ _ _-- . . _ . -...-_ . __..__. ..__.___. ._ . - --... _ _ _ . ---__ .. _ _. __, ..,. ' � � � �� SP f�93=f17�- . 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F � r " 'A �� .l ��.�� .:,� � "� �: � a�s� �pJ. y �,1�� 3 'F ,Fyq,�"� t�N ��.�y_ �� "� �� li"t+r� ,� 1�_ ' � �i,'�"",�' �'�� 'k '�g �, - 'vxy+r'�'i _� � a �t �� ' , � �~ t± �� ,. � �Y,1 $y r .; ix-'`� .: Q �;N J �:f, �' a"�` s" H-- r" < f tl � '• _'�"n r ..a � r�' � f` °�-: - K a '� e �, i ,'x � � � �-.�,. � �, _ �1 , � F* - .---R�� A �� - - y .,q+7�"..�� .�...c+�� 3w �,-�o+�' � 4 :u:✓ � / 2 S ,NS k �'.V C '��:.� • • �• • $ Y '� � `'� 'b..,s �:5'� • • • •�' � � " . • . �� j.S-F=fT - � � ' �� f' ORDINANCE N0. 633 AN ORDINANCE AMENDING CNAPTER 211 , SECTION 211 .063 OF THE FRIDLEY CITY CODE PERTAINING TO PIJBLIC AREAS FOR LAND SUBDIVISION THE CITY COUN�IL OF THE CITY OF FRIDLEY DOES ORDAIf� AS FOLLOWS: -:.�� That Chapter 211 .063 be amended as follows: f 2T1 .063 Public Areas Each plat of a subdivision shall be required to dedicate land, or pay � into the City fund a cash payment equivalent, for public land uses, 1 including schools, parks , playgrounds and other public purposes other than pubiic righ� of way, in the following manner: 10% of the gross area of residential zoned property to be subdivided; 3% of tfi e gross area of commercial or industrial zoned property to be subdivided. --� ' Any land dedication in excess of the 10% or 3% requirement shall be �� reserved for a period of two years during which time the City or other � � public body may buy such land. .' The option of a land dedication or cash payment is at the discretion ~ � of the City. ` ; � � � �-- � ;�� PASSED AND ADOPTED BY THE CITY COUNCIL QF THE CITY OF FRIDLEY THIS 14TH � :ation DAY OF FEBRUARY, 1977. � � � . �UN �;�--Q-� ; � G'(,/��t.,��+�. , i'�' P�AYOR - WILLIAM J. NEE i � � f I ATTEST: . ' CI7Y CLERK - MARVTN . BRUNSELL � First Reading: February 7, 1977 Second Reading: February 14, 1977 Publish. . . . . . . : February 24, 1977` ` � �; r -- t i �r��'�►�'" �� , • � r CITYOF � FR[DLEY CIVIC CENTER • 6431 UNIVEiZSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612) 57 i-�-�50 CITY QOCTNCIL ACTION �1 I�UTICE ' Kenr�eth Belgarde De�nber 12, 1986 University Avenue Associates 7&41 Wayzata Boulevard Miru�eapolis, NN 55416 _ _ ,� -- , . Fridl Coimcil officially approved your request o nerally located south of 85th Avenue, wes o University Avenue and Nor of 83rd Avenue with the follawing stipulationsz � 1. Developer subject to fair share of assessments on a possible future road along the rnrth en�3 of devlopnent site. �� 2. Property owner agrees to provide on plat an additional 65 foot wide right-of- way for a loop back, to provide a future road connection between 83rd Aventse and 85th Avenue�oo�nple �3 j 3. Park fee to be Faid as follaws: � ��'�j Block 1, Lot 1 - 358 x 500 = $179,000; total amount to be paid with � irst building pernnit.. Lot 1, Block 2, - 76,287 x .023 = $1,755. Lot 2 - 150.051 x . 023 = ' , S3,4SI. �ees to be paid wit�r building permit or replatting at the � �� prevai.l ing rate. '� � 4. Designa�e existing 33' eas�nent on south as dedicated right-of-way on �� plat�ovmpleted. 9� ��C 5. Developnent waterline should provide for 2 stubs on the r�rthern section ',� with tees and vaJ.ves; to be c�oordinated with City Engineer. 6. Developer agrees to pay up to 15$ of total oosts associated with possible signalization on $3rd Avenue and University Avenue. If you have any questions regarding the above action, please call the Planning Degartment at 571-3450. Si.ncetely. . am�. C��,�U��bl'�1 Jaanes L. F�binson Planning Coordinator JLR/d[n please review the noted stipulations, sicyi the statement belc�w and return or�e oopy to the City of Fridley Planning Departrnent by Deo�nber 26, 1986. cc: Linda Fisher rnncur w i th act ion t�aken � � � ��r �� r.: ,��`.� J�;�;� ' .,, �� Communit Develo ment De artment � y p p C� PLANNING DTVISION City of Fridley ' DATE: December 16, 1992 TO: WiZliam Burns, City Manager FROM: �arbara Dacy, Community Development Director SUBJECT: Westminster Corporation Proposal for Senior Housing Michele and I met with representatives from Westminster Corporation, St. Williams Church, and the architects from Borman, Kroos, Pfister & Associates regarding the proposed 51 unit apartment building for very low income seniors. Westminster advised us that they have received preliminary approval from the Department of Housing & Urban Development to receive Section 202 funds. Because of the process and application requirements required by HUD, they anticipate initiating construction in late summer of 1993 . The purpose of this memo is to review the zoning process that we discussed with them and to determine if there are any objections from City Council. � � � In 1989, the City Council approved for first reading the ordinance � to rezone the property to R-3, General Multiple Family Dwelling. At that time, the Council also approved a lot split (for the church to convey property to Westminster) and also a special use permit for a "home for the elderly" in an R-3 district. Because the lat split and special use permit applications have expired since construction was not initiated within a year, Westminster Corporation will file new applications. The special use permit and lot split will be considered by the Planning Commission at its February 10, 1993, meeting. The special use permit, lot split, and second and final reading the rezoning would then be heard by the City Council at its February 22, 1993, meeting. Westminster and St. Williams will probably conduct an informational meeting for the neighborhood some time in January. Should there be any problem with this process, please let me know. . BD:15 M-92-755 i . � ��1, " � , � '-Q— _ � . l �/a� 1 • , - � : I — � i - � ' � WESTMINSTER � C O R P O R A T I O N � � � � , w�:r�,�nf+��co�ro�o� March I6, 1994 ' Board of Direcrors • ` . , �Ltary Madonna Ashron,CSl � Ellen Brown' � pr.William Carr , , �' Albert Colianni,chair � Mr. Clyde Moravetz , Edward Driscoll• City of Fridley J�ePh E�r�g° 6431 University Avenue R°n�"cae""e` Fridley, MN 55432 Rev.Hugh Gilmore , Anne Hee&aard' • � �George Hicks �Re:Norwood Square , � Connie Knight ` � Donald Kramiinger Dear Mr. Moravetz: i�iarina�tuttoz Lyon Diana�aarkfott � Enclosed is a draft of a Storm Sewer Pond Agreement between Re`'.�ce�''�`'�°°"°�n Norwood Square, Inc. and the City of Fridley. This Agreement was' • JoSePn��e Reed-ra�Eo�• ' drafted based on the model agreement format Barbara Dacy sent under ' Luc}�Rogers cover of her letter of February 22, Z994, and includes several changes• rUice Smith .F�ank snowaen � in the boiler plat� format in order to fit with our circumstance�.� )ohn Steger ' � ` � hen„�retZer Please review this Agreement and Iet me know if it is acceptable. • w;ii;dm co5g��ff, Please call me at 290-6245 with your questions or comments. � 01 cou�t5�� •, 'Ececutire Commi[tee � �� • � �Sincerely, , , ^-; Wes4minster ' , <=/�' � . Residsnt Services � i. �j/� � torporation �� l,+ �y (�b r loseph Errigo r � �� v��"�%' � � i . Beverh•Hawkins �Dougla ayo, � _ Rod]ohnson Director,, f Housing Development � , . Barbara Ki;bourne . Richard McCarthy � cc/�nc: William Cosgriff Ida Sonnek ' Patricia yVilder B�I'b1Ta DaCy . • � Westminster Nlanagement , � Corporation ' Joseph Errigo • El►en Higgins � • a 7ohn Horner 328 Kellogg Boule��ard West • St.Pau1, l�tinnesota • 5 5 1 02-1 900 phone(612) 291-1750 • fax(612)291-1003 , ,�In E,�ua(Opporlunit}�iAf�nmttivc Acti��re t7-qanc,ui��n STORM SEWER POND AGREEMEIVT THIS AGREEMENT made and entered into this day of 1994, by and between Norwood Sauare, Inc., a Minnesota nonnrofit corp4ration . hereinafter referred to as "Owner" of the below-described property; and the City of Fridley, a Municipality under the Laws of the State of Minnesota, hereinafter referred to as "City." � (PROPERTY DESCRIPTiON HERE) � Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and aqeys. WHEREAS, the City has required the Owner to provide on-site detention ponding to accommodate storm water and the rate of flow of area run-off, and WHEREAS, the Owner agrees to construct a detention pond on the above- described property and do all related grading, slope work and restoration, including installation of pipe as approved by City. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1 . Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance, and management, at no cost to City, for an on-site Detention/Retention Pond Storm Sewer System ("System") that meets generally accepted engineering standards for the purpose of receiving, retaining, and transporting atl storm sewer water that may be collected within the System. Owner assumes the responsibility for any surface restoration due to utility wo�k within City easement areas. All restoration shall be at the expense of Owner. 2. City shall not uncier any circumstances by responsible fo� the ongoing physical performance of any repairs, changes, or alterations whatsoever to the System and appurtenances, and City shall not be liable for the cost thereof. 3. Owner agrees, at no cost to the City, to regularly: {1) maintain and cut all g�ass; (2) maintain and trim all other shrubs and vegetation; {3) remove all liter and debris; (4) repair or replace any grass o� other vegetation; (5) maintain the outlet structure; (61 maintain any pipe system; and (7) take all other and further steps that would be reasonably necessary for the purpose of maintaining a quality level of � landscape care consistent with a residential development. 4. Owner agrees to indemnify and hold harmless City from any action ' and against any damages that Owner may sustain as a result of the construction and maintenance of the System located on Owner's _ property. ' 5. Owner's obiigation to indemnify and hold City harmless in paragraph 4 above includes an obligafiion on the part of Owner to defend City in any actions that may be brought against City and as to which Owner , has agreed to indemnify and hold harmless City as set forth above. 6. In the event that City determines that Owner is not maintaining the ' Sysiem ir� a �asnion cunsis�ent with the Agreement, then City shait , give written notice to Owner detai(ing the deficiency in the manner in ' which Owner is maintaining the System. If ten (10) days after receipt of this notice the deficiency described in the notice has not been corrected by Owner, then City may without further notice take any steps that it deems reasonably necessary in order to correct the ' deficiency. Owner agrees to reimburse City within thirty (30) days of receipt of invoice for all costs incurred, to include Administrative overhead by City in correcting the deficiency. If this invoice is not paid within thirty (30) days of receipt, Owner agrees that City may assess the cost against Owner's property. In the event that it becomes necessary for City to assess the cost for correcting the deficiency as provided herein, then City is authorized to direct the Anoka County Assessor to certify this assessment against Owner's property and Owner waives any right to a public hearing which may be statutorily or constitutionally provided for. 7. The parties hereto acknowledge that Owner is not the owner of the property but will �e purchasing the pro�erty and that this Agreement will be binding upon the Owner upon acquisition of the property. 8. Any notices required under this Agreement shall be sent by certified mail, return receipt requested, or by personal service at the foilowing address: Norwood Square, Inc. c/o Westminster Corporation 328 Kellogg Boulevard West Saint Paul, MN 55102 � il . � FURTHER, IT !S AGREED that the provisions of this A reement shail be 9 , binding upon and enforceable against the parties hereto, their successors and , assigns and a(i subsequent owners of the property here described. An ' executed copy of this Agreement' shaii be fiied with the Anoka County Recorder's Office and made a part of and be binding upon the above described property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of . 1994. NORWOOD SQUARE, INC. By: its: CITY OF FRIDLEY ' By: !ts Director of Public Works State of Minnesota j 1 ss County of Anoka ► ' The foregoing i�strument was acknowledge before me this day of . i 994, by . the of Norwood Square, Inc., a Corporation under the Laws of Minnesota, on behalf of the Corporation. State of Minnesota? 1 ss County of Anoka ) The foregoing instrument was acknowledged before me this day of . 1994, by John G. Flora, Director of Public Works of the City of Fridley, a public body and corporate politic under the laws of Minnesota, on behalf of the City of Fridley. This instrument was drafted by: City of Fridley 6431 University Avenue, N.E. Fridley, MN 55432 `\r/ � , _�_ i %i►' � . 1-: . .' '- � � ' - � — � � . ` VI�lES1'MtNS'1'�R � � . . , C O R P O R A T I O N Westminster Cwporation , � ► 8oard of Diroctors :�larv:�1adonna Ashton,CS) y Eue�,BroWr,' March 21, 1994 . Dc William Carr � ` Albert Colianni,chair' � ► . Edwartl Driscoll' )oseph Errigo' � W1111ii171 COSg2'1� . Robert Gaertner • . Rev.Hugh Gilmore Doherty, Rumble&Butler ' . Anne Heegaard• 28 MI� Vt�orld Trade Center ceo�e ti;�� 30 East 8th Street ' � Connie Knight Saint Paul, IeiN 55101 � Donald Kramlinger � 1larina Munoz Lyon Re: Norwood Square . • ,' Diana Markfort Rcv. Kevin 1icDonough ' Deaz Bill: los�hine Reed-Taylor' � Lury Rogers - • i �Uice Smith Approval of a Special Use Permit by the City of Fridley for the subject F��„k s„o��.� development was contingent upon�recording an open air easement t 1onn steg�� 'against the adjacent St. William's Property. P,lease draft this open air ' f�t�ry�vetZe� easement. , Witliam Cosqriff, � Of Cuansel •Ere�:��;.��omm,,,�e For your use, I have enclosed the following: we:,,.��:�� . 1. A copy of the City Council Action Taken Notice dated � Rasidsnt Services c,�.�,,, March 19, 1993, notifying Westminster Corporation that , )oseph Errigo + the Fridley City Council had approved a Special Use B��tci�HaWkins permit for the Norwood Square development. Rod)ohnson • Barbara Kilbourne 2. A copy of the City Council Actior�Taken Notice dated Richard McCarthy [da Sonnek March 10, 1994, notifying Westminster Corporation that Pa��;a w;►ae� the�ridley City Council has extended the Special Use , , , . Permit to September 1, 1994. . , . We�tminster Mo�a9eme�� 3. �1 photocopy of survey showing the location of the c�"�'1O" proposed open air easement. loseph Errigo . Ellen Higgins • lohn Horner 4. A copy of the legat description for the proposed open air , easement as surveyed by Sigma Surveying Services, Inc. „ � 328 Kellogg Boulevard West • St.Paul,Minnesota • 55102-1900 _ t � phone(612)291-1750 • fax(612) 291-1003 . ' An Equa1 Opportunity/Affirmativc Adion Organization I , i _ _.., - - •,I . . . -.... � S.i�l�i� ' y�1"�� Y��^ '�~ " SURVEYiNG SERVICES INC, . � . Propased OPEN AIR EAS�Ft�K? An E�s�ment over dnd across that part of Lots x and 29, 81ock 2, NORW000 AQRITION TO FRIpLEY FARK, �ccording to the recardea plat thereof, Anoka Caunty, Minnesota, and tha�t pert of Yacated 5rH Avenue and that part of Yacated Ailey withln and ad,�ofning said 81ock 2, described as follaws: Begi�ning at the nartheest corner of said Lot 2; thence S 0°16'58°W on an �ssu�d bearing dlong the east 11ne of sald Lot 2� a distance of 15.80 feet; thence N 84° O1'44"W. a distdnce of 303.00 feet; thence N 0°20'45"E, a� djstance ot 15.8a feet; thence S 89°ai'.44"E along the westerly extension and the north lfne af said l.ots 2 and 29. a dtstance of 302.98 feet to the point of beginning. (Easement Area � 4,787 Sq. Ft.} 1971 Seneca�tood • Sulte E • Eapan. Minnesota 55122 • (612)452-3077 � w �� ♦ i i `" � �\�r. � . . i � ' i . . � � �� .� . _ �` i � : ii . . . �' � ��:�� ' • %�- / ' . _ '� � . VII�STMINSTER C O R P O R A T I O N April 12, 1994 " Westminster Corporation � Board of Directors Mary Madonna Ashton,CS) � , Ellen Brown'` � " ' Dr.William Carr MS. B3tb�td D�Cy � , ` Albert Colianni,chair� � Ciry of Fridley , Edwarcl Driscoll` ,, JoSePh.Errjgo, 6431 L"ni�•ersity Avenue N.E. , Rohert�aert„er �Fridle��. NL'�155432 Rev.Hugh Gilmore I , ' Anne Heegaard' Re: �Norwood�quare, �I1C. George Hicks � � � � .. Connie Knight De1L�r�Ta: • ' II Donald Kramlinger �' Mar'°�M"°°Z Ly°" Last vv�k we received HUD's firm connmitment for fuiancing for the Diana Markfort Re�.xe�in M�Donough Norwaod Square development and aze now preparing documents for` . Jose n;ne xeea-ia lor• loan ciasing. There are two items that we need to obtain from the City P Y Lu�,,Rogers of Fridley. These are: � Alice Smith Frank snoWaen 1. A letter from the City of Fridley stating the site's current � John steger � zoning requirements and that the project is in compliance xe",�Ye`Zer , with these requirements. ' w;u,an,cos rie�, � � . g . OJ Counsei *FXe�ut,.,e�omm,t�ee 2. � A separate letter stating that adequate water and sewer services are available to Norwood Squaze. Westminster' Resident Services ' cor��at�on . Please send these letters directl�to me as soon as possible. If you J°SePh Err'g° ' have any questions about preparing these letters, please do not hesitate • Beverly Hawkins t0 C�l IIlE. �'laT1�C}�OU VC'Iy TIlUC�l fOT VOiiT 1121p. • ` Rod)ohnson i Barbara Kilbourne + Richard McCarthy in i'�ly, Ida Sonnek Patricia Wilder �,� ` � �} � Dougl ayo , - Westminsfer ` Manaeemenr Direct�f of Housing Development Corporation Ioseph Errigo � � Ellen Higgins John Horner , � 328 Kellogg Boulevard West • St.Paul, Minnesota • 55102-1900 - � � � phone(612)291-1750 • fax (612) 291-1003 � An EqualOpportunity/AffirrnativeAclion�Orqanization � � � � - . , , w . , r � � � � � - h , � . i � � - i , , ` � i • . . . ' ' ' . . � � - � .. . � . . � � ! . ' . i � A / a . � . � , � +^ � � . . .„ ' / ' \ . y l ♦ � �' �� . . . . McGou�h Construction Co., Inc. . r��'�� ;� �i°�Ll��11 i� ;�L, 2737 Fairview Avenue North St. Paul, Minnesota 55113-1372 (612) 633-5050 Fax (612) 633-5673 � ;p �� _.�m/_.�_..!_,._.w��..�___.:��.�:�� DATE � � �� } � _��,�f�:..__��%'��_ �... r'��......�1�..�.,�.._��RE: ___ � ��/.Q_G�'r_._.._ _��.._.___.��-�'��-_ f�d�� c�v�� ATTN: ��GH�Z�` �. C',�S�,T�c�'"� GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Sampies ❑ Specifications ❑ Copy of letter ❑ Change order ❑ •• . • . • Ll7� f3 �Z� /�r�"i � �Y#.�� .-- THESE ARE TRANS ED as checked below: or approval L7 Approved as submitted ❑Resubmit copies for approvasl ❑For your use ❑Approved as noted ❑Submit copies for distribution ❑As requesYed ❑Returned for corrections ❑Return corrected prinis ❑ For review and comment ❑ REMARKS �. �->l 'a C.��L�/�� 1 L.�L� �,��, '�L�� / ClY �f'��-(� / �''�� r '� /� L�r � � �� Very t I McGoug r C , Inc If enclosures received are not as listed above, kind/y notify us at once. �'' REV.Form Mc 102 . , ' �� (.��'0 � .. I . . , '' �/1� � r . . � � Vl�l'ES'TMtNISTER ' C O R P O R A T I O N ♦ w.sm�instK torpo.wion bord oE Directors � '.�1<�n �I�i�lunna:\tiMun.Ctil April 19, 1994 � f:u��„ H�„�,�,• 4 . Dr 1\ilham C�rc \IlK�rt C��I�anni.�h�ur' . Mr. Scott Erickson ' Edw'arc1 Dnscoll' � . I�,Scph F.rri�;u' ; City of Fridley . R�,n,.n c,��nn�,� 6431 Universiry Avenue N.E. . R<�, f Ir�h Gilmorc ,Minneapolis, MN 55432 ,�nnc iierga�rd' cro�w�� Re:Notwood Square • - , . Connie Knight . ' , Donald KramlinRer ��S�tt: • . tiarina'�tunoz Lyon � � • Dia�a titarkfort � • x�,,.x��n ti��mno��r, . Enclosed are four originals of the Storm Sewerpond Agreement � losephine Recd-Taylor' between Norwood Square,Inc.,and the City of Fridley which hsve ,,,�,,�n baen signed by Joseph L. Holmberg as Executive Director for , . ,wR s�,�u Norwood Square,Inc. This is the same Storm�Scw+er Por�Agroement . ' Frank Snowden previously approvcd by the City of Fridley,with the exeeption that the ' �^��« iegat descripqon is now more detailed and con�esQonds with the legsl . "�"ry Y``��' . descriptidn on the survey and loan documents. � wi!l�am cosg;$ pJ Counu! • • ��c�� Please accange for this agreement to be executed by Mr. Moravetz � you will also need to insert an execution date in the first and last � �� paragraphs of the Agreement. Ptease return one copy of the fully , ' ��^ . ' executed Ag;eement to me. I understand that you will arrange for this . . • loseph Errigo Agreement to be filed with the Anoka Counry Recorder's office. Be��rrlv Hawkins • Ro�lohrson� Barfiara Kilboume 171C2fe�V, ; Richard�ictarth}• ; � Ida Sonnek , / W • Patricia Wilder 'a� • ' ougtas a W�� Director o ousin� Development • ��+ �� ' cc/enc: Barbaza Laney . 1os�Ph ErriSo � • Ellen Higgins W'rlliam Cosgriff � )ohn Homer CC: Barbara Dacy , • 328 Kellogg Boulevard West • St.Paul, �tinnesota • 55102-1900 � . phon�(612)291-1750 • fax(612)291-1003 . , �n Equ�l Opportundv Ajfirmutivr Arnun Organc,ation �y,.x . ,. �� ,. � R(7BE1�T A.GtIZY � PAMELA M.HARRI /s� BERNARD E.STHFFEN CHARLES M.SEYKORA`�4 � RICHARD A.MERRILL WILLIAM M.HANSEN DARRELL A.JENSEN DANIEL D.GANTER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER GREGG V.HERRICK JON P.ERICKSON Barna, Guzy & Ste en, Ltd. JAMES D.HOEFI" LAWRENCE R.JOHNSON JOAN M.QUADE DAVID A.COssi ATTORNEYS AT LAW sCOTT M.LEPAK THOMAS P.MALONE STEVEN L.MACKEY MICHAEL F.HURLEY 400 Northtown Financial Plaza DAVID M.WEIGEL VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING HERMAN L.TALLE Minneapolis,MN 55433 WILLIAM F.HUEFNER ROBERT C.HYNES (612)780-8500 FAX(612)780-1777 �93s-�993 Writer's Direct Line: (612) 783-5123 �—/�� ` _� / �` / May 6, 1994 Barbara Dacy i rcr.:::�arii.'�".1' a�^c'Jcl��man� T1�`o4�hnr City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Re: Open-Air Easement by the Church of St. William Dear Barb: Enclosed please find a draft of the Open-Air Easement Dedication submitted by the Church of St. William. I have reviewed this and I believe it satisfies the concerns raised by the City. If you have any questions, please feel free to contact me. Sincer ly, , :!1 � ;;,� _. � ; �'L- Gr�gg V.,��errick vsl encl�sur� An Equal Oppoemniry Employec IT � OPEN-AIR EASEMENT DEDICATION Dated: April , 1994 WITNESSETH: WHEREAS, The Church of St. William, of Fridley, Minnesota, a Minnesota corporation ("Grantor"} , has simultaneously with the execution of this agreement, conveyed ta Norwood Square, Inc. , a Minnesota corporation ("Norwood") , certain lands legally described on the attached Exhibit A, incorporated herein by reference ("Norwood Property") ; and - WHEREAS, it is the intent of Norwood to build upon Norwood Property homes �or the elderly ("Improvements") ; and : WHEREAS, as a condition for allowing the construction of the Tmprovements, the City of Fridley, Minnesota has required this Open-air Easement to prevent the construction of any new structures within the Easement Tract (as hereinafter defined) ; and WHEREAS, it is also the requirement of the City of Fridley, Minnesota that Grantor agree that the Easement Tract shall not be utilized for the purpose of calculation of setbacks or lot area calculations for further development on Grantor's retained property, as described on Exhibit B attached hereto and incorporated herein ("Grantor's Property") . NOW, THEREFORE, for valuable considerati.on, Grantor hereby dedicates, conveys, grants and quit claims to the City of Fridley, a municipal corporation under the laws of the State of Minnesota ("Grantee") , a perpetual easement for open-air space purposes over, under, across, upon and above the following , described property located in Anoka County, Minnesota: An Easement over and across that part of Lots 2 and 29 , ^ Block 2 , NORWOOD ADDITION TO FRIDLEY PARK, according to the _ recorded plat thereof, Anoka County, Minnesota, and that part of Vacated 5th Avenue and that part of Vacated Alley within and adjoining said Block 2 , described as follows: Beginning at the northeast corner of said Lot 2 ; thence S 0°16 ' 58"W on an assumed bearing along the east line of said Lot 2 , a distance of 15 . 80 feet; thence N 89°O1 ' 44"W, a distance of 303 . 00 feet; thence N 0°20'45"E, a distance of 15. 80 feet; thence S 89°O1' 44"E along the westerly extension and the north line of said Lots 2 and 29 , a distance of 302 . 98 feet to the point of beginning. ("Lasement Tract") . TERMS AND CONDITIONS 1 . This Easement shall give Grantee, its agents and contractors, the right, but not the obligation, to enter upon the Easement Tract to enforce the terms and conditions contained in this grant and to cure any violation thereof . 2 . No dumps for the disposal of ashes, trash, junk, sawdust, or any other unsightly or unsanitary materials shall be established or maintained upon the Easement Tract. 3 . No vegetation within the Easement Tract, such as trees, grass, flowers, and shrubs shall be cut or removed except if such removal is incidental to a permitted use and maintenance of the Easem�nt Tract. � 4 . No ne�-r structures of any kind sr,all be erected on to the Easement Tract. 5 . No mining, excavation, quarrying, or removal of any materials shall be allowed within the Easement Tract. The Easement Tract shall not be used to calculate setbacks or lot area calculations for future improvements to be made to Grantor's Property. 6 . All costs in connection with the Easement Tract, including, without limitation, maintenance of the Easement Tract, lawn mowing, fertilization, pruning, cleaning, and snow removal shall be borne by Grantor, its successors and assigns forever. All other costs, including, but not limited to, insurance premiums, real estate taxes and assessments shall be borne by Grantor any costs incurred by Grantee to perform the obligations � of Grantor hereunder shall be reimbursed by Grantor to Grantee. , IN WITNESS WHEREOF, this instrument has been executed by Grantor the day and year first above written. GRANTOR: The Church of St. William, ' of Fridley, Minnesota, a Minnesota corporatzon I By � Its By I�s STATE OF MINNESOTA ) ) ss. COUNTY OF } The foregoirig instrument was acknowledged before me this day of April, 1994 , by and , the and of The Church of St. William, of Fridley, Minnesota, a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFT�D BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial. Plaza 200 Coon Rapids Boulevard MinneapoZis, MN 55433 (612) 780-8500 (JSJ) \jsj\church.eas CONSENT TO AND JOINDER IN OPEN-ASR EASEMENT DEDICATION DATED 1994 BY THE CHURCH OF ST. WILLIAM OF FRIDLEX MINNESOTA , a corporation, does hereby consent to and joining the at�ached Easement. a , By Its By Its STATE OF MINNESOTA } ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April, 1994 , by and , the and of , a corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 (JSJ) \jsj\church.eas Parcel A: Lots one to sixteen (1-16) , inclusive in Block One 1 • and Lots one and thirty, in Block Two (2) , Norwood Addition to Fridley Park, according to the duly recorded plat thereo�. That part of vacated ICent St . (now )cnown as 62nd Ave. ) , dedicated , in the plat of "Norwood Addition to Fridley Park" , lying between the northerly extensions ot the east and west lines of Block 2 , o� sa � said plat. That part of vacated 5th Ave. (naw known as 4th 5treet) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between the westerly extension of �he south line of Lot 30 , Block 2 , said plat, and the westerly extension of the north line of Lot 16, Block l, said plat. `I'hat part of the vacated alley in Block 1, "Norwood Addition to Fridley Par)c" , lying between the westerly extension of the nortlz line of Lot 1 , Block 1 and the westerly extension of the south line of Lot 8 , Block 1 . That part of the vacated alley i.n Block 2 , "Norwood Addition to rridley Park" , lying between the westerly extension of the north line of Lot 1, said Blacic 2 , and th� westerly extensian of the south line oC Lot 1, said Blocic 2 . EXHIBIT A _. L'�ir��_1 B: A1.1 01 L.oL� '� ChLu��gh 29, i.ncl��sive .in U.Loc1: '1'wo (2) , + � _ "Itoi-wooc:l ndd.i.�ion �o iJr.icLL��y Paric", accorcl�.�� to Che duly x�c.corcled pl.aL ther�o�, Anoka Cow�LY, hfi_nnesuCa. '�'I�a� ��nr� ol.` vac��Cc�Q �il.li Av�. {noa� lcnoai>> �,:� �1Ch SLr�eC) , �ieclical_eQ in thc. p1aL o1 "1(�r�aooct AddiCioi� Co 1•'ri.dley Parlc", lyS.ng beta�eet� the westei�l_y e:xlension o1 Che south ].:ine oL Lol- 16, Block 2, said p1aL-, and Lhe west�rly extens9.on ot Che norCh lin4 oL Lot 29, 1]lock 2 , said plat. That part of the vacated alley in I31ock 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 2, Blocic 'L and lhe westerly extension of the soutli line oE Lot 15, said Block 2. Lot 5, Auditor's Subdivision No. 59, Anoka County, 1�finnesota. �xcept the South 1£30 feet of the West 183 feet of the Southeast Quarter of tlie Soutllwest Quarter of Section 1�, Township 30, Range 24, Anol:a County, Dlinnesota. And exccpt that part of the Soul-heast ' Quarter of ihe Southwest QuarL-er of sai.d SecL-ion 14, described as cornmencing zt the Soutllwest corner ther�of; tl�ence Nortl�erly a].ong the West line thereoL- 30 Lee�; thenc� �asterly parallel with the South line oF the Southeast Quarter oL the Southw2st Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangeriti�l curve to tlle left liaving a radius of 20 feet, a ' clisLance ot "3]..22 Leet; Clienc� PJor.therly, tangent leLt havin9 a � radius oE 20 feet, a c1:i.sCzince oL 3"1.22 t�et; thence Nortlierly, tangent to tlie lasC descri.l�ed curve, a distance oE 100.9G feet; thence NorthwesLerly on a Cangential cuive to the left, tlaving a radius ot 45 feet, a dist�u�ce oL 31.99 Leet to the North line of , the South 180 feet of the Southeast Quarter of the Southtrest Quarter of said Section 14, sai_d point Ueing tlie point or Ueginning of the tract �o be describecl; �l�ence conL-inuing NorL-hwes�erly al.ong the last described curve, a distance o[ 16.7 feeL; ihence 2lorthwesterly tangenl- to t11� last described curve 56.94 feet; thence tlorthwesterl.y on a l-angeni�:i.al curve L-o L-he riglrL- having a radius of �75 Eeet, a distai�ce o1` 53.71 iee� to its intersection wit17 a line parallel 4�ith and 30 feet Last of the [dest line of the Southeast Quartez of the SouChwest Quar�ter of said Section 1<1 ; thence Soutlierly along said line parallel with and 30 feet East of the West line oi sai.d SouCliea:sC c)�i�l��i �L Lhe SoutP�4�esL QuarLer, Lo the Norlh line oI` Lhe SouLli 1II0 J:eeL o1 sa_i.d So�rtheast Quarter of the South��est QuarL-er; thence ��sterly along the i�Iorth line of said South 180 feet to l-he actual poa,nt of beginning. And except that part of the Soutl7easl Quarrer of L-he Southwest Quarl-er of said Section 14, descri.bed as conunencing at L-}�e Southwest corner thereoF.; thence Northerly along the t�]est line thereof 30 feet; ttience Lasterly par.-a].lel wiL-h tlle SouL-h li.ne of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127. 22 �eel; thence Tlorthcaslc:r].y on a tangential curve to the left having a radius ot 2U ie�t, a distance oL- 31.22 feet; thence Northezly tangent to the l�st described curve, a distance of 100.96 �eet; thence Northwesterly on a tangential curve to the left having a radiits of 45 feet, a di.stance of 48. 69 L-eet; thence r(orth��esterly tangent to the last described curve 5G. 9q feet; thence tiortha�estei-ly on a L-tuic�er,tial curv� Co the righ� ,iiavincJ a radius of 1%5 l:eet, �.i d.i�Cance oi.` �i3 .'/7. Ceet Lo Lh� LasL :Line o1 the I�les� :JO I:eel 01 Lhe SouClieas� ��iarLer o1 Lhe Sou�h��est Quarter ol said SecLi.on 14 , sa].ct r,oinL ot.' i.nLerseclion being the actual poin� ot beginning oL tt�e L-racL- to !�e describccl; thence conti.nuinq Northwesterly along said curve having a radius of 175 feet, a dlstance of 23 feet �o the L•:ast line of the West 15 f'eet oE said Southeast Quarter of the Southwest Quarter; thence Southerly along said Past line to the inter.s�ction wiLh tli� tdorth line oP the South 30 L'ee� o� sa:id SouClicasL Quar�er oi` �he SouLliwesL- Quarl'cr; thence , T;asterly al.onc� a l.ine parr:il.]_e2 wil.h and "JO LeeC 1�lorlh oL l.he Soulli l..i.rie ol: said SouLlieas� �uaLLer oJ° C11e SouLhwesL Quarter. , a di.st�nce oi 15 fect �o tlle L•'asL ].in� of; �he ��7esL 30 Lee� oC sai.cl SoutheasL Quarter of the Southwest Quarter; thenc� DCortherly along the �ast line of the West 30 feet of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-�rays on 6].st Avenue N.E. and the �ast f:rontage road of State Highway Pto. 47 (University Av�nue) . EXHIBIT B NORWOOD SQUARE PROJECT COMPARISONS 1988 Pro,�ect Com�onents 1992 70 Number of Units 51 121 ,500 sq. ft. Lot Area 122,669.86 sq. ft. "H" Design Building Design Straight, 90 , degrees to street 78 + 39 "proof Number of Parking 34 + 45 "proof of of parking" Spaces parking" Brick, stucco, Exterior Treatment Brick siding 37,600 sq.ft. "Open Air" Easement 4,787 sq.ft. i c%<.�C�j� ;;t_,?�{-4,C Gt�ltL/`�:+�i.e'.i:��, . � _'l-c,' L�L.��...k+.:r �.�-.,, li:. 5 �, /�_-----. � ;,`t:?i�� 1 � � • . ._ �....l..,.. Fs.a..•t.oJ:.s o � ,: AGREEMENT c:�-.<:��1.�,�1�"�f�J��p } �U/3�y� �ri�� SE:VIOR CITIZEN/FAMTLY HOUSING COMPLEX This agreement made and entered into this ist day of September , 1977 by and between FRIDLEY APARTMENTS, A MINNESOTA LIMITED PARTNERSHIP BY CANADIAN FINANCIAL HOUSING CORPORATION, A GENERAL PARTN�R BY GARRET G. CARLSON, P1tESIDENT, hereinafter referred to as "Owners", £ee owners of Lots �-24, Block 1, Alice Wall Addition; and the City of Fridley, County of Anoka, Minnesota, hereinafter referred to as the "City". WHEREAS, the Owners have�petitioned the City to approve a special use permit to allow development of a 104 un�.t Senior Citizens building. ott Lots 1-7 and the northerly 215 feet and the easterly 118 feet of Lot 24, Block 1, Alice Wall Addition; and WHEREAS, The Owners have requested that the development and fuCure maintenance of the Senior Citi.zens building be coordinated with development and future main- tenance of a 92 unit Family Housing Project proposed for the southerly 637 feet and westerly 355 feet of Lot 24, Block 1, Alice .Wall Addition; and WEiEREAS, the Senior Citizens/Family Housing complex is proposed to be prir vately developed by the Ownezs through private and/or public, state and federal agency funding such as the Minnesota Housing Finance Agency; and WHEREAS, the City finds that the proposed Senior Citizens/Family Housing complex will be in the public interest, welfare and convenience to the people of the City of Fridley if the Owners agree to lay out, develop and maintain said development according to standards agreed to in advance by the parties hereto. Consideration for this Agreement shall be the approval of the special use permit to a21ow development of the 104 unit Senior Citizens building and approval of the build3ng permits for construction of the 104 unit Senior Citizens building. and the 92 unit Family Housing Project. The Owners, their successors and assigns do hereby covenant and agree as � follows: A. ITEMS PERTAINING TO DEVELOPMENT OF REQUIRED PONDING AREA: 1. Provide a drainage pond on the said property which would receive the �I drainage from the adjoining properties and drain the said property. The � surface water will be stored in the pond during the rain and will be let � through with an overflow into the existing storm sewer at Bennett Drive and 7th Street slowly after the rain storm subsides, The location of the permanent portion of the pond would not be any closer than 100 feet from • � and road right-of-way lines. The design of the permanent portion of this . pond would be based on the S year frequency (8.2 acre feet) with the tempora.ry expansion of the pond to be designed £or SO year frequency ' (J.2.0 acre feet); and the limits of the temporary ponding around the time o� the rain couid extend into the R-1 platted lots. The water in the permanent pond would be pumped up to a fountain for aeration purposes to � eliminate the stagnation effect of the water in Che permanent pond. The bottom and the shoreline of the pond will be such that is is as maintenance tree as pracCical and the whole shoreline and the grounds around the 6 ponding area will be landscaped. Any maintenance of the ponding area and adjacent areas shall be the responsibility of the Owners. The design of the complete drainage and storm sewer system in this property sfiall be approved _ by the City Engineering Department and storm sewer piping constructed to the City's speci£ications. City agrees the watershed area for this property shall not be increased. � A �Gt . } ngreement _2_ Senior Citizen/Family Housing Complex 2. Elevation for 50 year flood is 848 mean sea level. The lowest floor elevation for any of the Senior Citizen/Family Housing complex non- I walkout type structures will be no more than 18 inches below the 50 year flood line with a grade elevation at Ieast 3 feet higher than the 50 year flood line. The lowest floor elevation tor any of the Senior Citizen/ Family Housing complex walkout type structures will be at least 3 feet higher than 50 year flood line. 3. Waive any liab,ility against the City for damage to fu[ure garages built in the drainage and utility easement. 4. At no cost to the City, the total drainage system within the entire property will. be developed. If, in the future. there is additional ' outlet construction necessary for this drainage district, this property wiil pay their share of the assessment for tne improvement. 5. Notification will be provided to buyers of the R-1 pla[ted property of the Alice Wa11 Addition of the grading requirements to ensure develop- ment of single fam4ly dwellings,,and property, consistent with the following: a) Set the lowest floor elevation of the walkout type home at least 3 feet higher than the 50 year flood line. b) The lowest floor elevation of a non-walkout type home will be no more than 18 inches into the 50 year flood line with a grade elevation at least 3 feet higher than the 50 year flood line. . B.. ITEMS PERTAINING TO SENIOR CITI2EN/FAMILY HOUSING SITE AND STRUCTURE DEVELOPMENT: 1. Noti£ication will be provided to buyers of the R-1 platted property • of the Alice Wall Addition of the proposed R-1 and R-3 {Senior Citizen/ Family Housing complex) development. 2. All construction shall be in compliance �vith all applicable codes and ordinances of the City of Fridley. � It is specifically noted that it is the intenC of this Agreement to recognize that one building in the project is specially designed for occupancy by elderly, retired, and handica ed under federal guidelines for.S.�ction 8 housing oecupancy. Said guidelines are herew t noted ' and made con i o t s greement until such time as amended or � revoked. by action of the City Counci . . t no t me shal ess t an 0�, ____ ------- � , of the occupants be less than 2 years of age. This coMdition shaZl --- _ ...._.,,_,. �-.�.._.._,_..�, apply reSardless"of future ownership or c�i�ange in rental progr.ams,. The i �ustification for this "condi;tion is �t}ie fact t�iat"tlie dwelling 'uaits are of such size (minimum 600 square feeC) and so designed as not to be suit- able for younger and more average family type living. It fs further recognized that the pro�ect is under a public policy determination and that the site and building is permitted solely to meet a specialized housing need in the Fridley area. 4. The plans for the Family Housing complex will consist of construction of 40 one bedroom uni'ts and 40 tsoo bedroom units and 12 three bedroom units, to the following sizes: I ,,.. .-._..._..�_._ _. ,.^._...� a) One bedroom unit - mininwm 600 square feet � b) Two bedroom unit - minimum 1,170 square feet c) Three bedroom unit - minimum 1,250 square feet S. Detailed architectural and landscape plans for Senior Citizen/Family Housing com lex shall be a r P pp oved by the City. II t � . � . . . . . � Agreemeht -3- Senior Citizen/Pamily Housing Complex 6. Provisions for sanitary setaer, public water, surface water drainage, and other utilities shall be made as required by the C2ty Engineer: 7. Plans and specifications for any access drives, private or public streets, or ut�lities must be approved by the City Engineer, The deve- loper shall also supply the City Engineer with any oCher data, plans or as-bui-lts that he may require. 8. Adequate right of way as requested by the CounCy, City Engineer, or other governmental a enc sha 8 Y 11 be dedicated all ub ' as requested for an and p l�,c right of way needs. y 9. Easements, trails or other provisions for pedestrian or other non-motorized circulaCion or access shall be as requested by the City and indicated on the approved plans: 10. Landscaping, as per the approved plans,.shall be cempletely installed around each principal building following its completion. The entire area around each principal building shall be completely landscaped within one year of the completion and occupancy of that building. 11. Sidewalks and concrete curb and gutter shall be installed as directed I by the City Engineer; specifically, sidewalk will be installed by the Owner • on 7th Street, 5th Street an . d 63rd Ave plat. . Concrete curb and gutter will beUinstalledtby�thei0wnerlalongithen north side of 63rd Avenue from 7th Street to 5th Street. Sidewalks and curbs shall be designed to accommodate the handicapped. The parking areas and access drives shall be approved by the City Engineer, and shall include the following: a) Residents of..t�ig' Senior Citizen/Family Housing complex shal� use Sth Street"as access to all parking areas. � ' h) Access from Mississippi Street shall be limited to use by the Senior Citizen building for "dro - f " " �� o f and P limited a situations only. P rking c) For[y-eight total parking stalls (including 16 garages) shall be provided for the Senior Citizen building. d) 184 total parking stalls (including 92 garages) shall be provided \ for the Family Housing Project. �. 12. Planned recreational sites and facilities for the Family Housing complex shall Ue completed within six (6) months following completion and occupancy of 75% of all Family Housing dwelling units permitted under this Agreement, and shall include the following: a) Community building b) Hard surface court f or basketball/volleyball activities �) 2 tot lots - d) 1 tennis court 13. Planned recreational sites and facilities for the Senior Citizen building shall be completed within six (6) months following completion of the building and shall include tli� following: a) Picnic area b) Interior walking paths � c) Putting green d) Barbecue grills ` � � , , ' �greement -4- Senior Citizens/Family Housing Complex 14. Specific details pertaining to architectural, strucCural, mechanical, electrical, fire safety and exterior development, together with construc- tion scheduling sha11 be as noted om approved glans and building permits. It is recognized that the Senior Citizen building and the Family Housing Project might not be started simultaneously and might be staged tovrard completion. 15. The single fam�ly residential properties within the Alice W , tion plat and ad�acent to the Senior Citizen/Family Housing complex shall be developed concurrently with the Senior Citizen/Family I3ousing complex construction. C• ITEMS PERTAINIidG TO *1AINTE�iANCE AND MAPd�r,�tENT OT THE SENIOR CITIZEN/FAMILY HOUSING COMPLfiX UPON COMPLETION Or COPISTRUCTION: � The Senior Citizen/Family Housing complex shall be under one owneY�ship and no part of the development shall be sold or otherwise transferred from � single ownership exeept as approved by the City. • 2. Pdo changes in the use and size of floor area with3n any buildings of the complex are permitted without approval of the City. i 3. None of the con¢non areas, nor any portion thereof, shall be sold or otherwise transferred from control of the Owners except as may be permitted , by an amendment to this Agreement. 4. Lach approved dwelling unit shall be occupied by only one fanily, ag defined by zoning regulations. ' ,5. Landscaping sha11 be properly maintained and replaced if damaged or lost by winterkill, drought, or other causes. Appropriate methods and techniques shall be implemented to control insects and mosquitoes. 6. The site and buildings shall be properly managed so as not Co create a public nuisance or any hazards to the public health, safety, morals, or general welfare. 7. Common use areas of the Senior Citizens building shall be available for Senior Citizen recreation programs and groups of the City. � 8. Fire protection measures shall be as required by City Codes and the Public Safety Department; also all requirements of the Public Safety Depart- , menC regarding security. 9• :111 development and uses shall be subject to annual inspection by the City for purposes of assuring continued conforriity to the provisions of the Agreement. 10. All structures and ground shall be properly and well maintained at all times. . 11. Security light3ng and protective devices or measures shall be installed, , maintained, and operated as directed by the City. 12. Guidelines for the rental of units and a management plan for the complex shall be submitted to the City in writing and approved by the City Council. The Oc,mers shall be required to provide all items enumerated in said guidelines and plan. ' Rental guidelines shall include the following: a) Criteria for evaluation of applications b) Percentages of. occupancy for handicapped, minorities and Fridley residents. , . ' Agreement _S_ Senior CitizeniFamily Housing Complex Management plan shall include the following: a) Graduate Social Service Director to direct and manage the recreation and social needs of the complex, shall be employed by the Owners. b) Annual report pertaining to activities and operation of the complex , shall be submitted to the City for review and action if necessary. c)) Provisions whieh would allow replacement of the management by the City at the cost of the Owners if management becomes unsatisfactory to the City. � 13. The Owners agree that non-compliance with terms of this Agreement could result 3n revocation of the apecial use permit or seplacement of the Owners as managers of the complex, after appropriate public hearings have been held re- garcling the grievances. p.11 legal costs pertaining to. litigation involving non-compliance with terms of this Agreement would be paid by the Owners. • IT IS MUTUALLY AGREED that the provisions of this Agreement shall be binding upon and enforceable against the pat.ties hereto, their successors and assigns ' and a11 subsequeat owners of the property here described.; An executed copy of this Agreement shall be filed with the Anoka County Registra= of Deeds and made a part. of and be binding upon the above described property. , � � . � Agreement _6_ Senior Citizen/Family Housing Comp�.e�x FRIDLEY APARTMENTS A Minnesota Limited Partnership By Canad�.,an Financial Housing Corporation, a Gene�ra� Partner �` �� . --.:�. �i'r',{�.�'r�,� ( ��'� �ti:1 , President Ceciadian F'3nanciaT Housing Corporation A Minnesota Corporation State of Minnesota ) ' ss . County of Anoka ) On this lst day of September , 1977, before me, a Notary Public within and for said County, personally appeared Garret G. Carlson to me per- sonally known,who, being duly sworn did say that.he is the President of the corporation named in the foregoing instrument, which is a general partner of Fridley Apartments, a Minnesota Limited Partnership, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by.authority of its Board of Directors and said Garret G. Carlson , acknowledged said insCrument to be the free act and deed of said corporation. • /', , . . a9�1"Mtl+?fJ�Y!W�{{�hP�.W'�FdHJ-A��ANdJT#.h�;. / ///', _/,�,e . � r} '�re� ! ��.1� }.�LFi'::��i:�� .� C /GY . 90�, `I .�' �i..�r�J l. ,l �.�,i� t:v�a<v e, ,.: + �s�a,a �' Nota` Public �� a or; �� y i . '' � !�y Cu,:� i..ai�.^..<,�� . ..�. .0 �.�,. "vr;e�jd i•tM�FAy+.'s�i-M�.r•'W:..........�.:Y.Y..,•i . .:;y.%'��''I. ' ..�t':1 /�r(.4.G.�jvt\ l� �� ` Mayor — Williauy Nee • �� ' ' City of Fridle � r ~� � � � � .ti�'. 1 ` i /� � � . L_L� �� ••�' �•~ C ty Manager - Nasim M. Quteshi � `l• ` :�'•- City of Fridley State of Minnesota) ,._ ......._-.__. __ ,_._.,.� ss , County of Anoka ) On this lst day of September , 1977, before me, a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi, to me personally known, coho, being each by me duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporatton named in the foregoing instrument, and that the seal affixed to said instrumenC is the corporate seal of said municipal corporation, and said William J. Nee and Nasim M. Qureshi acknowledged said instrument to be the free act and deed of said municipal corgoration. �nnnnnnnn�M.ti�nnn�nnnnnnn�rmnnnnnnn• MERYIN ), NERRMANN s NOTA:;Y ►UEUC-HINNESOTA c. y19�' ANONA COl1NTY / �j � � �.. �� J� f:-t-✓1 ��-- ._��: 9 itii�I /t�'�YL/ . �c My Cammission Expires Oct.1�,14i3 � x`,�, � Not. ry Publi(�' This instrument drafted by: City of Fridley - ' 6431 University Avenue NE Fridley, MN 55432 � � '' � � I�� v ' � � � • � � � � b �p � = _ w-"'.� ,`�� -. o ;r \ � n `n y ..J \h:. . . v G� �� \. �� .f� � � ..l tT 'TI � . � /�r\� 1 r�,r ... J�3 C.`� �p 1'W� . "',;,.. . O .., .-. .. :� � e`j � • r ' c� '�G,�� I .A�'�7 ��: !� � �� - � \��`. c; .. I 40. ' ._-d ' r, �~1 ,i• � � M11, � ' Q:: ,, � .� � `� �� t y ' . � . . .I 1 co k � � ' ..r 1+`�� . . G. � ci � ') � tti �' ,� , . .��. ' :� � � .1 ✓ fl �'� �a77 (i t�� . , .\ I� ' � i`: CJ n' ' , . 1 �y �" `�"J' Cn r•l 'y ,i�1��' .:' t n �o � � 1� .� „`c:(�i:' .1 f, �',-:}' �� r' I Cl JI C� ' � a� 5? '�.; . 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"'Z n ., y1p N •• y(y •• �ry •, �ry •• 'Cy •• 1�y •• ,[V •• ,fy •• '!y �� y .. �� 7C�0 L�O G�pfJ um�(� U�p �� Ct,,S �py ��f� �p �p �� TeQ 0�� 4+.T� Z?-Z LILT=i ��C �� }'Z ?�Z 7��Z S`� rZ �� W�R •'�~ �r�~ ..�~` ..�^ ��1L M }LL�M }IL� }IL M YLL.il }�ILFI }LLM }��M � r, w 1+ 1. M• � a �, ti� N N N. . y�� V�i � � � � O O � tn a i = ! I x U cJ�� l.t l> v C.7 Z 'd 8i :F�i �66i 'i '£ d�JO�i 'J31:�t�ItJl_,3f9-J�7J DJp:�� MEMORANDUM TO: Project Team Members FROM: Peter J.�er,AIA RE: Norwood Square Fridley, MN Participant's List Commission No. 1238.01 DATE: December 14, 1992 This list of project team members. Please notify the writer of corrections or changes. WESTMINSTER CORPORATION 328 Kellogg Blvd W St Paul, MN 55102 Chuck Prentice Pro}ect Manager 612-291-1750 phone 612-291-1003 fax ST WILLIAMS CHURCH 61 Ave NE Fridley, MN 55432 612-571-5600 phone Bruce Nelson ST WILLIAMS CHURCH 90 Rice Creek Way Fridley, MN 55432 612-571-6686 phone . Terry Mickley ST WILLIAMS CHURCH 241 Rice Creek Terrace Fridley, MN 55432 612-571-2901 phone HOUSING RESOURCES CORPORATION 112 E Elmwood PI Minneapolis, MN 55419 S. Dore Mead President 612-825-9111 phone 612-822-6483 fax BOARMAN KROOS PFISTER &ASSOCIATES, INC. 222 N Second Street Minneapoiis, MN 55401 612-339-3752 phone 612-339-6212 fax Peter J. Pfister,AIA Principal John Culligan, Project Manager Ron Tupy, Project Architect McGOUGH CONSTRUCTION CO 2737 Fairview Ave N St Paul, MN 551 1 3-1 372 Daniel J. Malecha 612-633-5050 phone File Name: j:\swh\b\1-pp1 r - -- - - •- - - Y� • . . . i. 1�� 1 �� . • y��„^I',' ^C"'��, � su�vE�r�N�sEavi�Es irvc. . , Propased OPEN AYR EASFFIENT _ � An E�sement over �nd across th�� part af Lvtis 2 and 29, B1pck 2, NORWODD ADRITYO�t TO fRIDLEY RARK, �ccording to the recorded pl�t �hereof, Anoka Gounty, Minnesota, and that part of Y�cdted 5�'N Avenue and that part of Yacated A1ley within and ed3oining said Block 2, described as �ollows: 9eglnninq �� the nArtheast corner of said Ld� 2; thance S 0°iS'S8"W an an �ssumed bearing along the eas� line af said l.ot 2� a distance of 15.80 fee�; thence N 89° O1'44"W. a dist�t�ce of 303.ao feet; thence N 0°20`45"E. -- , _ __ � d#stan�e at -�5,$0 -fept; thence S 89°01'44"� along the ,.. T _ _- � we�ter-ly ;ex�ens�on :�nd the north t in� of s�id l.o�s 2 and 29, a distance of 302.98 feet to the point of beginning. (�asemen� Area � �,787 Sq. Ft.) 1971 Seneca Road . • Sulte� � ��"� Mlnnesota 55122 � (612)452-3077 � NORWOOD SOIIARE PROJECT COMPARISONS � 1988 Project Components 1992 70 . . . . . . . . . . Number of Units . . . . . . . . 51 121 500 s . ft. . . . . Lot Area. . . . . . . . . . . . 122 669.86 s ft. , q � q• "H" Design . . . . . . Building Design . . . . . . . . Straight, 90 ' degrees to street 78 + 39 "proof . . . . Number of Parking . . . . . . . 34 + 45 "proof of of parking" Spaces parking" Brick, stucco, . . . . Exterior Treatment . . . . . . Brick siding 37, 600 sq. ft. . . . . "Open Air" Easement . . . . . . 4,787 sq. ft. 4J� � � � ,. _ _ ��Ol FRt DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 January 20, 1993 � . PW93-013 � Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis, Minnesota 55401 Gentiemen: The following comments pertain to the plans for the Fridley Senior Housing Project. 1. The ponding area should be designed as a detention basin with a restricted outlet to the existing storm drain manhole. A skimmer shall be installed at the.outlet to the basin. Provide skimmer details. 2. Clearly define the drainage areas. L 3. Please provide backup information on the time of concentrations and intensities that are being used. 4. Provide hydraulic calculations for the restricted outlet from the basin. 5. Show calculations for ponding volumes. 6. A minimum of 1 foot of freeboard should be used on the basin. 7. Design the driveway to prevent runoff entering from 5th Street. 8. Note that concrete curb and gutter (B618 or B612) is required. 9. Rip-rap inlet to the pond. 10. Maintain separation between the water and sewer services as required by the Department of Health. 11 . Ponding calculation will be reviewed on next submittal. 12. Sign p lans. 4M1�1! . � _ ,,, - January 20, 1993 Page 2 13. A maintenance agreement needs to be executed with the City of Fridley for private maintenance of the storm drainage facilities. 14. Additional information may be forthcoming pending further review. 15. Return origina! review prints with the next submittaL If you have any additional questions regarding this review, please give me a call. Sincerely, � � , _., b,(./ ,��J /,!6._ ' . / �'✓'(/�t• "}--- Scott B. Erickson Assistant Public Works Director 4NN � � _ � ��,�� --��i �J �� ^,:; _.r --,�, ,, _= I �._.` « � 4. If a service access is to be provided through Moon Plaza's loading dock areas, an"access easement"will have to be agreed to by the property owners and submitted to the City. 5. A trash enclosure must be screened on three sides from a right of way. 6. Tax Increment Financing (TIF)funds may be available from the City for the following project items: a. Soil Corrections b. Brick(McGough to review cost increase with Barb for an all brick building vs. a brick and steel siding building. 7. H.U.D. standards will be reviewed to see if an all brick exterior is required. 8. As per H.U.D. Capitol Assistance Program, a 62 year old and up tenant pays 30%of their income and H.U.D. provides the rest of the rent. 9. Dore Mead stated that H.U.D.'s"capitol assistance program" is a mortgage, if"intended use"continues through duration of mortgage,mortgage is forgiven. tf"intended use"ends prior to the end of the mortgage,the outstanding mortgage amount comes due at that , time. No interest is charged as part of the program. 10. The following City staff members should be contacted for questions specific to the project: Scott Erickson City Engineer Clyde Wylie Building Inspections Dick Larson Fire Suppression 11. The current site size is 7500 square feet less than is required for a 51 unit apartment. The parish council will determine if they wish to sell Westminster the additional property or provide an open air easement to satisfy the property site size requirement. END OF MEMO c: all present j:\swh\b\7-jci :--_._ __ ---�.:__ 2 r � �iN �M � Community Development Department � � � PLANNING DIVISION City of Fridley DATE: February 1, 1993 TO: t�William Burns, City Manager +� �1 FROM: Barbara Dacy, Community Development Director SUBJECT: Norwood Square Senior Housing We have been advised by Westminster Corporation that they may apply for tax increment financing assistance for the senior housing project. Westminster needs to obtain City land use approvals on the project prior to submitting a pre-commitment application to HUD. As part of that application, they will be submitting a proposal which will include an all-brick exterior. Apparently, HUD may not fund a project with an all-brick exterior because of the added cost to the project. As you recall, the intent of the project is to serve low income seniors. If HUD does not fund the project as submitted with an all-brick exterior, another exterior will need to be approved. Westminster is inquiring as to whether or not the HRA and City would be willing to assist the project to enable them to pay for the all-brick exterior. I will be meeting with Chuck Prentis from Westminster Corporation to identify potential costs on Wednesday, February 3, 1993. Also to be noted is that HUD will not fund the construction of garages; therefore, just surface parking is proposed. The R-3, General Multiple Family Dwelling ordinance also requires a certain amount of washers/dryers per floor in an apartment building. Again, because HUD has standards regarding the number � and the cost of washers/dryers, Westminster is providing three sets ` of washers/dryers while six sets are required by our ordinance. We are currently investigating the necessity for a variance for .� this item. Should you have any questions, please feel free to contact me. BD/dn �-- Zj ��'-�d� �� \ v� M-93-46 �A_ /f t, "`f ) \' _ ' l j � �� 0 � � � w � � 1 612 291 1003 FRt7�9 CDC-WESTMINSTER CORP 2. 3. 19�� 17: 21 P• 1 C�� . Me2C►O v To: earb Dacey � From: Chuck Prentiae ` �ate: FebruB►ry 3 , 1.993 ge; peraons to be no�i�ied of change in Planning Camn►i��ion and Ci�y Cauncil dates �ar �onsideration ot Norwaod Square. '�hanks for getting n��ice to these g�c�pl�. �ivian & Ed Baker Esther & Bill Campbell Carole Fuiler • 7340 oakl.ey 5�-6 S011 Gentier Cir�le 6275 Ksrry Lane Fridley, MN 55432 �ridl.ey, 1rIld 35432 Fridley, MN 55432 IC�nneth F Hammer � Norma Juris�son Gera�-d & Narma Adams Mrg• • 6310 MOnroe Stree� NE 6�01. Monroe Street NE 871 West Moore Lake br. , Fridley, MN 5543� F�idley, MN 55A32 Fridlay, MN 5�432 Roy & B�rniae Kirkham Jan �old�n Daris c3ritti 501. 67th AVe NE G701 Ovarton Drive 6690 NE Lucia Lane, #10 F��dley, MN 5543z Fridley, I�1 55432 Frial�y, MN 554�2 � ponald & sophie Hall Elvie Jaegex V��n H. xanaen 79 Lagan Parkway 510Q 6�h 5�. NE, #16 1563 17th Street NW Fridley, MN 3343z Columbia Hts, MN 55421 Naw Drighton, 55112 Cynthia Hendri�k� Helen �u�ian Jame�ci�. Erickson ACCAP 6410 Baker Avenue $171 57th Sti�ee�, NE 1.2a1 84�t1 Ave. , Suits 345 Fridley, MN 55432 F��dle'y, MN 55432 Hlaine, MN 55434 Franc;e3 Doucette Lew�.s Doyle Connie Thompson 9 58 RiC� Gre�k Terr��e NE 25 63rd Way NE Fridley Seniar Ger�ter Fridley, MN 55432 Fridley, MN gg43Z b085 7th Street NE Fridley, MN 55432 � - _ _ C1TY OF FRIDLEY FRIDLEY MUNICIPAL CENTER• 643I UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287 February 9, 1993 � PW93-032 Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis MN 55401 Gentlemen: 1. Note minimum i 8-in. vertical separation between water and sewer lines p. 5 of 7. 2. Revise sheet 3 of 7 to show the correct inverts of the pond outlet and invert in the control structure. Label pond as detention area. Sincerely yours, Scott Erickson Assistant Public Works Director SE:cz I 400 � _ ��a o� �aQa��a��a� z��BOARMAfV KROOS PFISTER 8,ASSOCIATES I ARCHIfECRJRE INfER10R DESIGN ENGINEEWNG DATE JOB No. i 222 Norlh 2nd Street�Minneapolis MN 55401 � �" � � � Fax 339�6212•612-3393752 nrrerv � G� �l iG � TO �� C�,� �� RE �/a �� , /:.��i �'' , i�p v �` �l ��'��-v� �i'�/� .�'s�' �`3 �Z_ I � WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications i ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTIOPJ I � S �- S , ' � �� THESE ARE 7RANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ' �XFqr your use ❑ Approved as noted � Submit copies for distribution / > As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS � I��"� � � � � �I 4 � l�G�IYI� j,l� C.�r.�E�J1� f�- � ��t("— �t�– �G�' �'�I�M�. Ull�,�` �� I�G� �[,.r�7�.� r �� 1`L�� G,J�' ��7�vL- �u�S'/1�17�� /A4' �/Ll Gl ��v 7��Z �'/✓,'1�Tr-- 1�C7�'1't l UY�. ��d�'I—t�� 12�j�,.1�1�-- �c��f�.�L� �� vl.,D, G�/.j-(� N o 7`� ,C,l� C t-��j—Z t COPY TO�1/�- g� 40%Pre-Consumer Content•10%Post-Consumer Content S�Ca . PAODUCT240.3 eBs Inc.,Grotan,Mas o�471. If enclosures are not as noted, kindly not s once. �- _ _ . . . . . . . ' .. ... , . �.•1 . �.. . ` ..� ... , � . �.� . . . . . .. . r� .. . ... . . ` '.. � ... ' . .: : ��.. ' ? �t , . _.e ... ':t. ... . �'. . . -. �... �. . .. . �. .. , . . ... . � . ; ... -.�: � � ... . � .• . • • ' , , � , .. . .. _ � CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UMVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450•FAX (612)571-1287 February 4, 1993 Subject: Norwood Square Dear Interested Citizen: You attended the informational meeting conducted by Westminster Corporation for the proposed Norwood Square project on January 27, 1993 . At that time, you were informed that the Planning Commission would review the proposed project at their February 10, 1993 meeting. Due to an error in scheduling, the Planning Commission will not review the proposed project until their February 24, 1993 meeting. We apologize for any inconvenience this may cause you. If you have any questions regarding the project, you may contact Barbara Dacy, Community Development Director, or myself at 571- 3450. Sincerely, �� Mi hele McPherson, BLA Planning Assistant MM/dn C-93-31 U Community Developr�ent Depart � PLA1v1�TING DIVISION . City of Fridley DATE: February 3, 1993 I TO: William Burns, City Manager F �, ROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Waiting List for Norwood Square i We spoke with Chuck Prentis on Tuesday, February 2, 1993 regarding the original waiting list from the 1988 application for Norwood ' Square. Mr. Prentis indicated that they currently do not have a ' waiting list per-sae. They are compiling a list of persons who ' have expressed interest in the project, and have titled this list an "Expression of Interest" list. He was not aware of a previous list from the 1988 application; however, he was willing to research , the existence oF this type of list and combine it with the list of current interested citizens which was started at the neighborhood _ meeting on wednesday, January 27, 1993. Westminster Corporation will not begin the application process until the construction of the building is well underway. They will use the "Expression of Interest" list to inform interested citizens of the schedule for ' the application process. � If the City Council has any Further questions regarding the Norwood Square application process, please let us know. MM/dn ' M-93-52 � - - - � fi , To: Fridley City Council From: Westminster Corporation Date: March 1, 1993 RE: Irrigation for Norwood Square Action by the Planning Commission on the Special Use Permit for the Norwood Square affordable rental development for senior citi2ens 'on that "an under round irri ation s stem shall 'ncluded a sti ulati i g 4 Y P be installed one year from the issuance of a certificate of occupancy. " HUD will not allow installation of underground irrigation as a cost within the funds for the development of the buildinq. Westminster Management Corporation shares the City's concern that to have an attractive site the grass must be kept green. Unless and until there would be a sprinkling system, Westminster management personnel at the Norwood Square building will do the lawn watering manually. Norwood Square will be owned by a non-profit organization affiliated with Westminster Co oration. The Board of that non-profit will be rP composed of residents of the building and members of the surrounding communit . This locall based Board is ite likely to be attentive Y Y � to the appearance of the property, and it will have the authority and access to the management to correct any problem such as lack of irrigation for the grass. For greater ease and efficiency in the lawn care, Westminster Management would like to have an underground irrigation system installed at Norwood Square. However, given the impossibility of building this into the construction budqet, the chance for this depends on having a surplus of revenues over expenses in the first few years of operations of the prvject. Westminster hopes that sufficient residual receipts will be available to install the system by the end of the third year of operations. However, given the uncertainties of projecting the operating budget of a new development, we cannot say that this definitely will be done. herefo we e est that the s ' la io in tallat o o a T re, r qu tipu t n for s i n f n underground irrigation system be waived. We request that instead of ' ulation the Cit be wil in to acce t the ollow'n lan: , the sti p • Y 1 9 P f � ct u * Westminster commits to keep the qreen areas of Norwood Scruare well watered and qreen: * Westminster will seek to install an underground irrictation svstem; * Until the underqround irriqation system is installed, Westminster will annually provide to the Citv of Fridlev a report on the finances of Norwood Square, notinct oroaress or obstacles to the installation of the system. l� ' ��, �. �-�a-�� 3 \ � . � ^ � _ _ _ _. _ _ _ _ __ _ ._ •_ �� 1�-�L... 1 vL _ � t � � � � � • � � � c , �_____-i C.�'� _ . _ 1 _ � G�� , �. . �.,E,e�: . _. � . � _ _ � _ � ; __ , � . o _ �� -� : _ _ , � (�� , -� �� _ :. � �� _ .. _ . � , C'.�.�C� �� — �� - � D �_� _ �.'�- � 1 ', _ . � ... v� � t � �� , --� � �� _ __ �`� . _ �'" �,� �'� _ _ , � � : � � � _ � o � '� �_ � . � w � � �� . �u � , � � � 2 � � �� . �� ,�. � �" � _ �+. . c��- � -�---�� : . �: ��`s_- � _ �� - . �� ' __ , . �. . Y �"'— � /� ' y, � � ;� . I vl � _ . - ` . . � . . � ��,- , _ c�`� � — _, , � . , _ � � � � � � . . . . . _ . _ . C�� ' _ � �� :. u�..- � ;� _ —_ � �� .� �� _ _ _ , _ _ �: �-� .._ � � : w t..� _� . _ � _ _ . r_ _ 1 �;� _ . ��=� _ � /v e _ _ _ _ _ , /� , � . „ ; i � . ,; _ _ _ _ __ _ ; _ . � _ _ _ _ . _ � , -: � , — ; ' . 1 , ., ; I . ; I _ _ _ , , � . ., _ , . , � ,, ; ' � _ s j i . ,_ , , ._. , . , � • > � ` : � ; ; . ' . n� . ' ' �� _ � ; � , . - i • � � ',�:' : , ' _ ;; ' Y j _. , , ;� ` � i . . � ,i , . ;; • j - �, . ,� ; ; .. ... . ... .. _ . ,. . . . . . . . . . _� .. , ... . .. . . ��. . . � �..�y!. . � . . . i1 _ j , � _. �; - y . . .;ii -� . . . . . . ... . . . .. . .. .: . . . . . ` r.� .. .... .._. . . . . . . . . . . �.f�. . . . . . ... , . .-., �� . . . ' � - ' .� � . � . . i i .._' � ' . . . . .. . _� - . ._ � : i . . . . . . . . " ... � � .. . . . . �. . .,y; . . . . . -�. '� '. � \ _. . � , ' . . _ , � . . _ . . . . . . . . � � .. . . . . . . ... . . . �,__ . . ., . 7.; . . . . .. . ._. . . � . . -' � .. : . ' . ; .... ' .-� . .., . . . .��, . . . . .:} . ..: . . .. . .:. � . .. � . � � . .. '. . . . . � . . � . ' � . . i i . . ... . . _ � . .. . . . � . . � . � � � � � .. ' . . . . .+j . . . . . . � . . . . � i ) - ... � .. � , � � � ... . 1 � z , � I i � I � I 1 ' . � C��'�� _ � _ �Nl� CfiYOF FRtDLEY FR[DLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (6l2)571-3450• FAX(612)571-1287 April 2, 1993 Mr. Chuck Prentice Westminster Corp. 328 Kellogg Bivd. St. Paul, Minn. 55102 Re: Fridley Senior Housing Project Dear Mr. Prentice, Barb Dacy, our Community Development Coordinator, asked that I provide you with a statement as to the taxability of the proposed project. I have enclosed communications that I had with the Minn. Dept. of Revenue, regarding a similar proposal in 1988. � in my opinion, the statutes continue to disaltow exemption from real properry taxes for any property that is owned by an, otherwise, exempt organization for property that is rented or leased to others. As I understand the project, II� the developement would be owned by an agency of the St. Paul Catholic Archdiocese and offered for rent to individuals. Therefore, the project will be subject to ordinary property taxes. If you have any further questions, regarding this matter, please feel free to contact me. � Yours truly, �f��/ --� �; _ :. I � ; f . �/..-�.�-- t , 4.:-.�. G�-�_�,__., :';i Leon Madsen, Assessor City of Fridley enc cc. Barb Dacy (/"" P.S. Sarb also mentioned that you need an estimate of property taxes on the proposed project. I will send the estimate under separate cover. � ��;�ttE � sl'T, > � �i` . �s i..�� y..t �ry+ y� :� V�,l1T�'. ��j.. �[ -"�:.�/��.T��'::�. STATE OF MINNESOTA � DEPARTMENT OF REVENUE Mail Station 3340 St_ Paul , MN 55146-3340 December 7, 1988 Mr. Leon Madsen, Assessor � Ci�y oi �ridiey Civic Center 6431 University Avenue ' N.E. Fridley, MN 55432 Dear �1r. Madsen: Thank you for your inquiry about the taxability of a senior citizen housing project. The project is to be developed by a subdivision of the Archdiocese of St. Paul . A housing project of this kind is not exempt from taxation. ' There are a number of attorney general opinions stating that when an exempt entity leases property, the property becomes taxable. Such opinions may be found in Minnesota Statutes Annotated, Section 272.02. Please contact me if you have any questions. Sincerely, L�� • � RALPH A. PAVEK Information Section Local Government Servi s Division (612) 642-0479 RAP/ch/II75 AN EQUAL OPPORTUNITY EMPLOYER - -- � . • � ' November 29, 1988 I Mr. Ralph Pavek Property Tax Information Section Local Government Service Division State Department of Revenue St. Paul, Minn. 551.46-2240 Dear Ralph, � Per our phone conversation of November 22, I am writing to request the De artment's o inio p p n of taxabilit of the followin ro 'ect. Y g P 7 Community Development Corporation, a subdivision of the , Archdiocese of St. Paul, plans to develop a senior citizen housing ' project consisting of 72 units to be rented out. The project would be located on land a ortion of which , is currentl occu ied b , P Y P Y � the St. Williams Catholic Church of Fridley. The parcel that the II senior housing project would be situated on will be described separately from the church parcel. It is my opinion that the senior project would be taxable. Even though the church itself is a house of worship, and thereby exempt, the property established for rental purposes is not exempt. Do you agree? If not, please explain. Thank you for your help, Ralph. Yours truly, iLeon Madsen, Assessor City of Fridley ^ � w • r Q . � �� liC,.� COF MEMO TO: Barb Dacy, Community Development Director FROM: leon Madsen,City Assessor SUBJECT: Westminster 5eniar Housing prajeot DATE: April 6, 1993 Attached is a copy of ttie letter I sent to Chuck Prentice, re: praperty tax estimate on the proja�t. I plar�m rea!locate the land and bldg. value csn the Village Green project for#axes payabte in 1995. After this is done,the per unit tax for the 2 projects will be relativeiy competi#ive. # Units Total EMV EMV Unit Est.'95 Tax Ta Unit Vitlage Green 196 $5,900,�p0 $30,102 $172,400 $880 Westminster(est) 51 $1,800,000 $31,373 $46,000 $902 Since this is projeciing taxes to 1995, a number of things could change to alter these projections. Legislation,tax rate changes and market shifts are among them. . • I Apri{B, 1993 Mr. Chuck Prentice Westminster Corp. 328 KeNogg Bivd. St. Paui, Minn. 55t02 Re: Fridley Senior Housing Ptoject t7ear Mr.Prentice, Barb Dacy, our Communiry Development Dfrector,asked that I provide an esqmate of what the real estate taxes may be on the proposed 51 bed project at the 8t. Wiliiams site. My preNminary analysis would indicate that the tax may approximate$46,000 classed as a TiUe II project. As i mentioned in our phone conversation of April 5,we are required by taw to value Titte 11 property on a mark�t rent basis. In that process, I estimate the market�alue to approximate$1,60U,000. Assuming that the project gaes ahead, based on the plans on file in the Fridiey offices at th�s date,these estimates will be fairly accurate. The estimates are, however,subject to changes in legisiation affecting ctasses,local tax rates and market shifts. If ou have an uestions re ardin this matter I�ease feel free to cantact me. Y Y4 , 9 9 , P Yours truly, Leon Madsen, Assessor City of Fridley • estminster $uilding Partnerships fora Caring Communiry , WESTMINSTER CORPORATION FebTu�T'Y 2g, 1994 : BOARD OF DIRECTORS *Joseph Errigo, President MS. Ba2'ba.T'a DaCy *Edward Driscoll, Chair Cl�Of'FT'1C�18y *Albert Colianni 6431 U111V0T'S1Ty AVeriU2 N.E. _.*Anne Heegaard FY'1C�ley, MN $5432 *Josephine ReedTaylor Patrick Conway Re: NOI WOOCj SC1U1T'e Diana Markfort FY'1Ci1@y, �lriri@SOta. Mary Leintz Frank Snowden De1T BaY'b: Jerry Madsen Re�. Ke��n t�t�Donough ` This letter is to request a 90 day extension of the Special Use Perrnxt Eiten$roWn approved by the Fridley City Council on March 15, 1993. This *EXe�ttive committee extension should provide adequate time to eomplete our financing vv�tt�a�„ cosgr�ff�of co�nse�> arrangements, close on the mortgage loan, and begin construction. WESTMINSTBR MANacEMENT The process for obtaining HLTD financing has taken longer than coxPoxATioN expected. Furthermore, our contractor does not want to start Joseph Err,go construction until the snow is melted and most of the frost is out of the John xorner ground, so as to avoid the additional cost of winter construction. HUD s�s�n sanas is very close to issuing its firm commitment,but there are a couple of details that need to be worked out. I expect these matters to be wESTMiNST�R resolved in the next cou le of weeks; at which time HUD will issue its RESIDENT SERVICES p coxPoxATioN firm financing commitment. I anticipate construction will start in mid �osept,�rr�go April. Richard McCarthy 'Barbara x�lbourne Thank you for your help in this matter. If you need any additional , inf ation, please do not hesitate to call me at 290-6245. . � � � � � S nc rely, g as M Director of using Development cc: Dore Mead Barb Laney 328 West Kellogg Boulevard • St. Paul, Minnesota 55102 • (612) 291-1750 • Fax (612) 291-1003 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION ORGANIZATION�� _ _ __ _ _ _ _____ _ I � COMMISSION APPLICATION REVIEW � � �' FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTIO ��QF 2 1/'15/9.3 ` 2/24/93 FRIDLEY I COMPLETE. REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS I �---, , . _S� �� Mt � �� CHELE M. 1:� t�- � � Y� �.��. - /. f�'. ,�� -�-a �- � �� r SCOTT E. � � (e�,,- /-zv--�� ; .�ce c��,-,�� c�.�,..,� �s .. . :;�:c>r.-.. �v..:J c1.j.^fcmi—� 5s�� f f,/:Sf.+r.;� /� < >f�_ C�� ,r.�„ S,Jr.�, v. /�rT �( 4, JOHN F.��( �v �� i�� ,�� s� � �,�,� sv ��„ � �,��-f t.� G� �� ? ��?�CLYDE W. �7� CLYDE M. - - �.�� o�� ' �LEON M. �_ � 1 —_ _ JIM H. �_�� --� CH � UCK M. � W�-� — �"��- �- �EI�-- �... �� w;�� - �� .�.- ��- (��. ,�,.�) �� i i � � � ' �� U Community Development Department � PLANNING DIVISION ' City of Fridley � DATE: February 25, 1993 TO: William Burns, City Manager ' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #93-01, by Westminster Corporation Attached please find the above-referenced staff report. Approval of the special use permit request would permit the construction of a three story, 50 unit multiple family dwelling for eZderly and handicapped persons. The Planning Commission voted unanimously to ' recommend approval of the request to the City Council with the following amended stipulations: 1. A storm water pond main�enance agreement shall be executed and recorded against the property. 2 . An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. ' William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3 . An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the elderly and handicapped anly; elderly is defined as those persons 62 years of age and older, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall remain in effect for a minimum of 40 years and longer if the law allows. The covenants shall be reviewed and approved by the City Attorney - prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior shall be brick. � _ _- - - _ _ r - - � . �` SP #93-01, by Westminster Corp. February 25, 1993 Page 2 Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-86 ! � � C7 STAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date : February 24, 1993 City Council Date : March 1 , 1993 March 15, 1993 REQUEST Permit Number SP 4�93-01 AppliCant Westminster Corporation PropOSed To allow the construction of elderly housing in the R2quest R-3, General Multiple Family Dwelling district. LOCatiOn 6200 - 5th Street N.E. SITE DATA Size 122,669.86 square feet Density PresentZoning C-3, General Shopping Center and R-2, Two Family Dwelling Present Land Use(s) Vacant Adjacent C-3, General Shopping to the west; R-2, Two Family Dwelling ZOning to the south and north; R-1 , Single Family to the east AdjacentLand Use(s) Retail and institutional to the west; residential to the UtilitieS north and east. Park Dedication Watershed District Six cities ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmentat Considerations RECOMIlVIEENDATION Staff Approval with stipulations Appeals Commission Planning Commission Approval with stipulations Author 1�/dn � � # ` Staff Report SP #93-01, by Westminster Corporation Page 2 REQUEST The petitioner has requested a special use permit to allow the construction of elderly housing in the R-3, General Multiple Family Dwelling zoning district. In addition to the special use permit request, the petitioner is also processing a lot split request to create a separate parcel for the proposed development. SITE The property is vacant and is located between 5th Street N.E. and Moon Plaza, north of St. William's Church administrative building. The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General Shopping Center District to the south and west, R-2, Two FamiZy DwelZing to the north, and R-1, Single Family Dwelling � to the east. Historv In 1988, the Community Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the project was not constructed due to a lack of available funding. The City Council approved the ordinance rezoning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot � split and special use permit. , ANALYSIS I Westminster Corporation, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housing I project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground pa`rking or garages. The exterior is proposed � to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. Zoning Requirements The proposed project meets the minimum setback, height, and lot width requirements set forth in the R-3, General Multiple Family 4X . L Staff Report . SP #93-01, by Westminster Corporation Page 3 Dwelling district. The project, however, does not meet the minimum lot area requirement of 127,500 square feet. The minimum lot area is calculated by multiplying 2,500 square feet by the number of units (51) . The project provides only 122, 670 square feet. The project is short approximately 4,830 square feet. The shortfall is proposed to be resolved through the execution and recording of an open air easement on the church's property adjacent to the south lot line of the subject parcel. The original proposal also included an open air easement; however, as the original project was larger, the original open air easement was 37, 600 square feet. Staff has encouraged the petitioner to obtain the additional square footage required to meet the minimum lot area. Approximately 15.78 additional feet of property needs to be acquired to meet the minimum lot area. The proposal provides 34 parking spaces on the north side of the building with an additional 45 "proof of parking" spaces indicated on the plan should the building demand additional parking. The minimum required by the R-3 district regulations is 77 spaces. The proposed parking plus the "proof of parking" spaces totals 79 spaces. This includes two handicapped spaces to be located adjacent to the buildir�g. Landscapina The petitioner has submitted a preliminary landscape plan which meets the minimum requirements of the R-3 zoning district. While specific plant materials for each proposed location have not been selected, the pallet of plant materials proposed is acceptable. The petitioner has also provided a screening fence along the north lot line adjacent to the existing duplexes. This screening fence is required as there is a change in zoning districts which occurs along this property line. An underground irrigation system is also required to be installed. Grading and Drainage Plan ' The petitioners have submitted a preliminary grading and drainage plan which was reviewed by the Assistant Public Works Director, Scott Erickson. Please see his letters dated January 20, 1993 and � February 9, 1993. The petitioner has since submitted corrected plans based on his comments. The petitioner will be required to i execute and record against the property a storm water pond maintenance agreement. ' 4Y , � Staff Report SP #93-01, by Westminster Corporation Page 4 Exterior Treatment The 1988 project proposed a combination of exterior materials to include brick, stucco, and siding. The intent of the exterior treatment was to allow the project to blend in with the exteriors of the existing single family homes. The current project proposes to use an all-brick exterior if HUD will agree to finance it. The petitioners have, however, submitted an alternative exterior option which would include using a combination of brick and aluminum siding for the exterior. Both exterior proposals are acceptable alternatives. RECOMMENDATION As the proposed project meets the minimum requirements of the R-3, General Multiple Family Dwelling district, staff recommends that the Planning Commission recommend approval of the request to the City Council for a special use permit to allow elderly housing, with the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2 . An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed. 4. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 4Z { , �♦ Staff Report ' SP #93-OZ, by Westminster Corporation Page 5 2 . An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. � 3 . An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the , property which dictate that the project is for the elderly and handicapped only; elderly defined as those persons 62 years of age and older, and handicapped defined as in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, � said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall remain in effect for a minimum of 40 years and longer if the law allows. The covenants shall be reviewed and approved by the City Attorney � prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior shalT be brick. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. I 4AA ,,,,. r... � . � � Community Development Department t�.� PLANIVING DIVISION City of Fridley � DATE: March 11, 1993 TO: William Burns, City Manager ,�:�'�. I FROM: Barbara Dacy, Community Development Director SUBJECT: Special Use Permit Request, SP #93-01, by Westminster Corporation � The City Council tabled action on the special use permit request at its March 1, 1993 meeting. The City Council asked staff to � e t and research information regarding the deed restriction requirem n � the underground irrigation. � I spoke with Chuck Sorenson, legal counsel for HUD in the Minneapolis office. He suggested that the City simply include a stipulation on the special use permit dictating that the project is for the elderly and handicapped only. He believed that this � would be acceptable under the HUD guidelines as opposed to a : recorded deed restriction. Stipulation #4 as originally I recommended has consequently been amended. Mr. Sorenson confirmed that underground irrigation systems are not � eZigible for reimbursement through the Section 202 financing. Consequently, I contacted two other communities regarding their requirements for underground irrigation for Section 202 senior projects. The City of Oakdale does not have an underground irri ation re irement; therefore no irri ation s stems were � g � � g Y installed. The City of Lakeville also does not have a requirement to install an underground irrigation system; however, a system was recently installed because of ongoing maintenance concerns ' (building was constructed in 1985) . While the City should not waive the underground irrigation � requirement, staff recommends that a longer timeframe be stipulated to enable Westminster Corporation to accumulate funds to meet the � requirement. Staff recommends that five years be permitted. Chuck Prentis from Westminster Corporation stated that it is highly probable that Westminster would be able to comply with the five ' year timeframe. If they are unable to comply with the stipulation, they would then come back to the City Council and request an ' extension and provide evidence as to why they could not meet the stipulated deadline. Westminster Corp. , SP #93-01 i March 11, 1993 Page 2 Recommendation Staff recommends the City Council approve the special use permit request, SP #93-01, to construct a 50 unit multiple family dwelling for elderly and handicapped persons subject to the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. The easement sha11 not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage hoZder shaZl also be submitted. 3 . An underground irrigation system shall be instalZed five years from the issuance of a certificate of occupancy. 4. The use of the building shall be for occupancy by elderly and handicapped persons as defined in Section 202 Department of Housing and Urban Development regulations. If Section 202 regulations are amended, the management entity of the building shall notify the City Council for review and consent of the changes. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior shall be brick. BD/dn M-93-117 � 4S . o PLANNING COMMISSION MEETING FEBRIIARY 24 1993 PAGE 3 Mr. Sielaff asked if there was any justification for t "18� in grade" as stated in Section 208.06. 16. Ms. McPherson stated that is a mistake; it sho be 12�. M�TION by Ms. Savage, seconded by Mr. Kond 'ck, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND TAE PIIBLIC ARING CLOSED AT 7:45 P.M. MOTION by Mr. Sielaff, s onded by Ms. MocYig, to recommend to City Council approval of a amendment to the Fridley City Code Chapter 208, entitled "Ero ' n Control" with the further changes to Section 208.07, Securit' s, as presented by staff; Section 208. 06. Z1 to be amended �a�'co orm with recommendations from the City Attorney; and Section 20 . 06. 16 to be amended to reflect a 16% grade rather than a 12� de. N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2 . PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #93-01, BY WESTMINSTER CORPORATION: Per Section 205.09.01. (Ca . (7) of the Fridley City Code, to a11ow homes for the elderly on Lots 1�16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 i square feet and is generally located north and east of St. William's Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLA.RED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:47 P.M. Ms. McPherson stated this property is generally located west of 5th Street and east of Moon Plaza and north of the St. Wil].iams Church administration building. The property is currently zoned both C-3, General Shopping District, and R-2, Two Family Dwelling. Ms. McPherson stated that in 1988, the City Council reviewed a series of land use requests for this same parcel of land which included a special use permit for elderly housing, a lot split to create a separate development parcel, and a rezoning request to rezone the p�operty from its current zoning to R-3 , General Multiple Dweiling_. At that time, the Council held the first �i. s�.��:_.� r��r�.g*��f the ordinance to rezone the property, and the _Counc�;l : � �.. ��.� will need to hold the second and final reading as required by City Charter to rezone the property to R-3, General Multiple Dwelling. Ms. McPherson stated the proposal in 1988 was to construct a 70 unit, three story elderly high rise facility with underground . . . ... ...._. _ ...__. .. .. . ... ..._...__ ...� . ... ... __.. . ............. .......... . . ..... .........:: ... / • PLANNING COMMISSION MEETING, FEBROARY 24, 1993 PAGE 4 parking. The project was comprised of 50 one-bedroom units and 20 two-bedroom units. The project was intended to be a combination of brick, siding, and stucco for the exterior treatment. The project was not constructed due to the lack of available funding. Ms. McPherson stated the current proposal is for a three story, :<> multiple family dwelling for elderly and handicapped persons and is a 50, one-bedroom facility. The petitioner is proposing an all- brick exterior and there will not be any underground or surface garages. The building is proposed to be built perpendicular to 5th Street in an east/west orientation with an open lawn area to the south. The entrance to the building will face north, and the surface parking lot will also be to the north. Ms. McPherson stated that as proposed, the building meets the m�nimum setback, height, and lot width requirements for the R-3, � General Multiple Family Dwelling district. However, the building does not meet the minimum lot area requirement of 127,500 square feet. The lot area is calculated by multiplying the number of I� units by 2,500 square feet. Ms. McPherson stated an open air easement is proposed to the south of the proposed south property line which is intended to meet the II minimum lot area requirement. This o en air easement is rou hl I P g Y 4,800 square feet in area. In 1988, a similar solution was proposed for the origir�al 70-unit building; however, the open air easement needed to be 37, 600 square feet in area. � Ms. McPherson stated that 34 surface parking spaces are proposed to be constructed located north of the building. The building has been designed so that large vehicles can utilize the pick-up/drop- off area in front of the building. The petitioner is also proposing "proof of parking" directly north of the proposed parking area. This proof of parking is required in order to meet the minimum number of parking spaces which is 77. In managing similar I� projects, the petitioner has determined that the original 34 spaces will be adequate; however, if demand is greater, they will have adequate space to construct the additional spaces. Ms. McPherson stated the petitioner has submitted a preliminary landscape plan as required by code. The landscape plan meets the minimum code requirements set forth in the R-3 zoning district. A screening fence or some type of screening is required between the multiple family district and the two famil district to the Y north. Underground irrigation is also required by code. A grading and drainage plan has been submitted and reviewed by the Assistant Public Works Director, 5cott Erickson. The etitioner has P submitted amended plans based on Mr. Erickson's review. The �:�� ,°��<�:�.;��aetitioner has also signed and submitted to staff a stormwater �nd.- ,� ;� �;��,�;�;�.� maintenance agreement that has been sent to Anoka County to be recorded against the property. Ms. McPherson stated the petitioner has submitted elevation plans of the proposed development. The petitioner is proposing an all- PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 5 brick exterior at this time; however, it is possible that the Federal Government through HUD may not agree to finance the all- _ brick exterior. Therefore, the petitioner has developed a second exterior plan which would utilize both brick and siding. Both exterior plans are acceptable to staff. Ms. McPherson stated that as the proposed proj ect meets the minimum requirements of the R-3, General Multiple Dwelling district, staff recommends that the Planning Commission recommend approval of this special use permit request to the City Council with the following five stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2 . An open air e�sement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. �The proposed easement language shall be reviewed by the City Attorney prior to execution. • 3. An underground irrigation system shall be installed. 4. _ The applicant shali record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall, be reviewed and approved by the City Attorney's office prior to recording. r; 5. Lot split request, L.S. #93-01, shall be approved. Mr. Kondrick stated he is concerned about lighting in the parking lot area. What provisions have been made for lighting in the `parking lot area, and what type of light standards are proposed? Ms. McPherson stated lighting in the parking lot is shown on the site plan. The petitioner will have to address the type of lighting. Mr. Kondrick stated he is concerned about the exterior of the building. He wanted to make sure that this is a building that is going to look nice, rather than a design that will make the building look like a barracks. It has. to be a building that the residents will be proud to live in and that will not be an eyesore to the neighbors. Ms. Dacy stated that is the reason staff asked the petitioner to submit the second elevation. If the all-brick exterior is not approved by HUD, the second elevation; a combination of siding and briEk, is �milar-�:��n:��,:�gn to the elevation approved in 1988. If the Commission feels the second alternative design is not acceptable, the Commission will need to express that to the petitioner. � ,.;, , ; ,.,,,, ,, ........ .. . . .. ,.,.,. , ,....,., ,,... ...., ,.,. PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 6 Ms. Sherek stated that stipulation #4 indicates that the project is for the elderly only; yet staff stated that this is a project for both elderly and handicapped. Ms. McPherson stated that the petitioner has a,ndicated that this is for both elderly and handicapped persons so stipulation #4 will have to be amended to reflect that. � Ms. Modig stated there will be 51 units in the building, yet only 34 parking spaces are proposed at this time. Where is the visitor parking? Ms. McPherson stated the parking is proposed for both resident and visitor parking. This is based on Westminster's experience for parking needs at similar facilities. Ms. Modig asked who will monitor who is parking in the lot. Ms. McPherson stated monitoring will have to be done by the resident manager. Certain spaces will be clearly marked as visitor parking only. Mr. Chuck Prentice, Westminster Corporation, stated he is the Budget Manager for this project. Long before his involvement or Westminster's involvement with this project, St. Williams Church was interested in helping to bring about a development for senior citizens on this site beginning in about 1972. In the mid-1980 's, St. Williams contacted Community Development Corporation of the ; Arch Diocese of St. Paul/Minneapolis which resulted in the 1988 proposal. The Commuriity Development Corporation of the Arch Diocese changed hands and became Westminster Corporation. From 1988 to the present, they have followed through with the church council and, at this time, have won a commitment from HUD for a "Reservation of Funds" for this project. HUD will provide the money to build the project and will provide the Section 8 subsid� for rents in the project. The rent for all the units will be according to the Section 8 rule which is that persons of qualifying income would pay 30% of their monthly income for rent. Mr. Prentice stated there is certainly a need for senior housing in Fridley. In their submittals to HUD, they have had very strong substantiation of the need from documents that have been produced by Anoka County, the Metropolitan Council, and the Housing Study done for the City of Fridley. Most recently, they have received documentation from St. Williams which was a listing of 65 people who have inquired about this housing. In addition, he contacted the manager of the Village Green development which has 100 units for senior citizens. The manager told him she was very glad to �� h�-� hear about this development. Village Green's��aiti��li-s�~��«k�'�� upwards to five years. So, there is a definite need for affordable housing for the elderly in this area. Mr. John Culligan, Architect from Boorman, Kroos, Pfister, stated that he was also involved with the original design in 1988. He . r PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGS 7 , stated that of the 51 units, there are 50 one-bedroom units and one two-bedroom unit for the resident manager. The one-bedroom units are 545 square feet in size, the maximum allowed by I�iUD. Mr. Culligan stated that regarding the site plan, there are several design aspects he would like to point out. The building is three stories, approximately 40 feet in height from grade to the top of the roof. They were concerned about the scale of the building relative to the neighborhood, so their site plan reflects their design inputs to accommodate that. The building is designed at a 90 degree angle to 5th Street to reduce the scale of the facade to the street. Another concern was the location of the building footprint relative to the size of the overall property configuration. By locating the parking and the entrance on the north side of the building, ��ey were able to create two green spaces for the residents, als�= reducing a negative impact to the neighbors to the north. They took advantage of the dip in grading so that the building is actually about 7 feet below the street level, so the height actually becomes 33 feet in height from the surface of 5th Street. Mr. Culligan stated that regarding the lighting, they are also concerned about adequate lighting in the parking lot and access to the building. These are single shoebox type light fixtures that light the parking surface and sidewalks only, and the poles are at 15-18 feet in height. Mr. Culligan stated are requesting the approval of two schemes, one of which is the all-brick scheme. They will be proposing the all-brick scheme to HUD. However, they are concerned about a commercial appearance with a three story, all-brick building so they have taken steps to reduce the vertical scale of the building and emphasize the horizontal scale of the building. Mr. Culligan stated that in terms of the second scheme, a combination of brick and steel siding, they are utilizing the same design concept of reducing the vertical scale and emphasizing the horizontal scale of the building. Mr. Prentice stated they will soon be presenting to HUD the design and the estimates of the costs associated with the design. HUD will then review that. The Federal Section 202 program which is a program for affordable housing for elderly and handicapped will not fund certain things, and one thing they will not fund is the development of garages.. That is why garages are not proposed with this development. HUD will also not fund irrigation systems. He is referring to stipulation #4 and wondered if that stipulation could be waived or put on some time af time plan under which they could meet°°-the s��pu�a=t��a�r the initial development. Mr. Kondrick stated that south of the proposed building, there is a large play area, a softball area. How far will the building be from this area? He would �be concerned about is noise from this play area would be objectionable to the residents of the building. ..._.......:....:................... ,,...:,. , .,, ,,. ..... „ ,. .,. ,,,,. , . ..,., i . PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 8 Mr. Culligan stated the play area is about 200 feet from the edge � of the building. They are creating a grassy area and are providing landscaping and trees aiong 5th Street. They are also submitting to HUD an upgraded landscaping plan that will create a shrubbed plaza area off the main first floor lounge with a balcony deck for the residents to enjoy the back yard. They will also be designating a certain area as a garden area. He did not think sound traveling over 200 feet and penetrating an insulated exterior wall is going to be a problem. Windaws may be open in the summer, but air conditioner sleeves will be provided for each unit. Ms. McPherson stated there are families with small children who live north of the proposed project in the duplexes. The City has never received any complaints from the existing neighborhood regarding ar��noise. She did not know how this could be controlled unless the church chose to control who uses the church property as a play area. Mr. Sielaff asked about building maintenance, and who would make sure that the building is maintained. Mr. Prentice stated he is not aware of any HUD requirement for maintenance of the building. Ms. Dacy stated that every year the owner and management company will have to submit a rental license application. The building will have to meet building codes and City building code. � Mr. Newman stated that if staff determines that additional parking is needed, will Westminster have the resources available to pay foz the installation of additional parking? Mr. Prentice stated it might be a question of having to respond over time incrementally. Their experience has led them to believe that the entire additional area would not need to be done six months after the building is built. If there is a need for 6-10 parking spaces, because it probably could be treated on that kind of incremental basis, he believed the project would be able to support that additional expenditure. Also, based on their experience, they have found that larger number of parking spaces is generally needed at the start-up of the building. As residents age, some of them who came in owning a car may end up giving up their cars. Ms. Modig stated that might be true for the elderly; however, this building is also for the handicapped. �� :��Mr. ��n��+a�%�stated �there are only three handicapped units in the�� ;�, building. For a person with a handicap other than a wheelchair- type handicap, if they meet the income guidelines, they would be eligible for the other units. PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 9 Ms. Modig asked if there is any age restriction for the handicapped. Mr. Prentice stated he did not know if there is an age restriction for the handicapped. Mr. Kondrick asked what is to prevent this building from changing from a building for the elderly and handicapped to a building that can be rented by other low income people. Mr. Prentice stated one factor in limiting the building to another type of use is that there will be 50 one-bedroom units. The 40 year term of the mortgage would accelerate and be due and payable at any time during that 40 years if they did not continue to meet the HUD rules that all their residents conform to HUD Section 8 standards for the elderly and handicapped��•-So, during that 40 year period, if they tried to have residents other than Section 8 qualified elderly and handicapped, they would have a huge debt accelerate on the property. To clarify, this is Section 202 which . is HUD financing for the development of housing for the elderly and handicapped and carries with it a Section 8 provision to provide subsidized rents for the residents aver the 40 year period. Ms. Sherek stated that stipulation 4 talks about the recording of restrictive covenants dictating that the proj ect is for the elderly and handicapped. Mr. Prentice stated another assurance is that this proj ect is being , developed by Westminster Corpora�tion and will be owned by a local affiliate non-profit board. Both are non-profit entities formed and dedicated to the provision of affordable housing. Mr. Newman stated that for the purpose of restrictive covenant, what age is defined for the elderly? Mr. Prentice stated that the age for the Section 202 provision is 62 years of age; and, in the case of a couple, one person must be 62 years of age. Perhaps the wording could be added to stipulation #4 such as "in conformance with the requirements of the HUD Section 202 program". They are comfortable with the restrictive covenant being placed on the property for the affordability concern and for the type of housing for senior citizens. Mr. Joe Maertens, 144 River Edge Way, stated he owns the duplex directly to the north of this proposed development. He stated he is very pleased with the design and layout of the building. He especially likes the buffer between the apartment building and the duplexes. He stated he is strongly in favor of an all-brick exterior, especially°�� in a .�esi��r�.�l.�neighborhood. In his opinion, siding on a building of this size would be a serious degradation in quality. Mr. Jim Saefke, 6131 - 5th Street, stated he has lived directly across from this proposed development for about 19 years. After _ _ , PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 10 looking at the back of Moon Plaza and dumpsters for many years, he is very pleased with this particular design. It is also a great use for this piece of property. It outranks a lot of other things that could go into that particular area. He would welcome senior citizens and handicapped to this neighborhood. Mr. Saefke stated he is also the President of the St. Williams Parish Council which has reviewed'these plans, and they do not have any problem with the easement requirement or the green space. He would prefer to have the all-brick exterior also, but would be in favor of the brick/siding exterior if necessary. He stated there is a good mix of young, middle age, and older people in his neighborhood. The road was built to handle this additional traffic. Mr. Saefke stated� `that he sees very little use of the play area, except when neighborhood children get together to play ball. Mr. Bruce Nelson, 90 Rice Creek Way, stated he is a member of St. Williams and part of the group who have been working on this project for a number of years. The Church itself has e�ended a considerable amount of money to get to this point. He stated the play area is somewhat bermed so it is not a very large area. Mr. Nelson stated the way the parking lot is laid out, some of the spaces are wider so from the standpoint of access for the handicapped persons, this will also help. Mr. Nelson stated that in making their initial selection, they chose Westminster primarily because of their broad-based experience and long term commitment to housing for the elderly and handicapped. Mr. Kondrick asked about building security. Mr. Culligan stated that the main front vestibule has a telephone buzzer system access for the residents and the community room. The end stairwell doors are locked from the outside 24 hours a day. Mr. Newman asked if the petitioner is looking at seamless steel siding. It would certainly approve the appearance of the building. Mr. Culligan stated the specifications have not yet been fine- tuned. They could make that part of the recommendations. Ms. Dacy stated that since the petitioner has raised the issue about the cost of underground irrigation, the Commission may want to consider. amending stipulation #3 to provide a 2-3 year timeframe � for �•��ie �g��:�t��r to comply. It would be consistent with other �+� stipulations in the past like hard surface driveways, installation of landscaping, etc. Mr. Virgil Farasyn, 700 Rice Creek Terrace, stated he is a member of St. Williams and a resident of Fridley for many years. He . . . PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 11 wanted to express his support for the project. As a member of St. Williams, he would rather see an apartment for the elderly than some commercial building that would degrade the property. MOTION by Mr. Kondrick, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M. Mr. Kondrick stated he believed that the Commission should add a stipulation to recommend only the all-brick exterior. In stipulation #4, he would like to insert wording that guarantees that the project will be for the elderly and handicapped for the 40 years. Ms. Dacy stated it was staff's interpretation that it would be in perpetuity and run with the property. Ms. McPherson stated staff will research this to see if there is a statutory limit. Mr. Kondrick stated he is very reluctant to either waive the underground irrigation requirement or provide a timeframe for compliance (stipulation #3) . Ms. Dacy suggested a timeframe for the irrigation system of one year from the certificate of occupancy. Mr. Newman asked if the petitioner would be agreeable to that deadline. Mr. Prentice stated he is unable to answer that. It was his understanding that the Board would be more comfortable with a 2-3 year timeframe. ' MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-01, by � Westminster Corporation, per Section 205.09.01. (C) . (7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. , with the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2 . An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. . _ T . -� -�----�-�. ,.. _. . , . PLANNING COMMISSION MEETING, FEBROARY 24, 1993 PAGB 12 3 . An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the I' elderl and handica ed onl y pp y; elderly defined as those persons 62 years of age and over, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if 5ection 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall be in effect for a minimum of 40 years and longer if the laws allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior of the building shall be of all-brick construction. Ms. Modi stated she is concerned about sti ulation 6. She did g P # not want to create a timeframe problem for the developer. I Ms. Sherek stated that if the all-brick exterior is not acceptable to HUD, and the petitioner has to revise the proposal for the exterior for brick and steel siding, she did not believe it would be necessary for the petitioner to come back before the Planning �; Commission. The petitioner could go directly to the City Council. The Commission members agreed. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED ONANIMOIISLY. 3 . CONSIDERATION OF A LOT SPLIT REQUEST, L.S. #93-01, BY WESTMINSTER CORPORATION: To create a separate parcel from the Norwood Add' ' n to Fridley Park plat, to be described as Lots 1-16, ock 1, and Lots 1 and 30, Block 2, Norwood Addition Fridley Park, together with vacated streets and alle . The site totals 127,505 square feet and is generall ocated north and east of St. Williams Church abutting Street N.E. MOTION by Mr. Kondrick, seconde y Ms. Modig, to open the informal public hearing. IIPON A VOICE VOTE, AL OTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND E INFORMAL PIIBLIC^-�EARIN�'�:�PLN:�-l��>=�;��t'=`P.M. Ms. McPherso tated the third and last land use request is for a lot split Currently, the proposed development parcel is under the ow rship of the St. William's Church and is considered part of e entire property, The lot split request is to create a U Community Development Department C� PLANI�TING DIVISION City of Fridley DATE: March 4, 1994 TO: William Burns, City Manager ��• nl FROM: Barbara Dacy, Community Development Director SUBJECT: Request to Extend Special Use Permit, SP #93- ' 01, by Westminster Corporation On March 15, 1993 , the City Council approved the special use permit, SP #93-01, by Westminster Corporation, to construct a 50 unit elderly housing project on the west side of 5th Street, just north of St. Williams Church. Westminster is within a few weeks of submitting the building permit application. City staff has been meeting with the contractor recently regarding the proposed building plans. The zoning ordinance requires that construction commence within one year of the special use permit approval unless an extension is approved. Westminster has submitted the attached letter requesting a 90 day extension to August 15, 1994. The City Council extended approval for the lot split application last Fall to 5eptember 1, 1994. To be consistent with that action, staff recommends that the City Council extend the special use permit to September 1, 1994 . This should provide more than adequate time for the project to commence construction. BD/dn M-94-98 8 FRIDLBY CITY COIINCIL MEETING OF MARCH 1 1993 P E 3 consideration be given to these proposed Charter am dments. Seconded by Councilman Schneider. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimousl . MOTION by Councilman Sahneider to remove this ite regarding the proposed amendments to Chapter 2 and Section 4.0 of the Fridley City Charter from the table. Seconded by Counc woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously. MOTION by Councilman Schneider to refer th e proposed amendments to Chapter 2 and Section 4.04 of the Fri ey City Charter to the Charter Commission for further conside ation at their request. Seconded by Councilwoman Jorgenson. Up a voice vote, Councilman Schneider, Councilwoman Jorgenson, ayor Nee, and Councilman Fitzpatrick voted in favor of the otion. Councilman Billings voted against the motion. Mayor N e declared the motion carried by a 4 to 1 vote. I Councilman Schneider stated t at he appreciated the Charter Commission's openness in looki at these proposed amendments, and he is happy they sought legal counsel. Mr. Hurit, Assistant to the ity Manager, stated that the Charter Commission has learned rough their discussions with legal counsel, and he was sur this issue would be back before the Council in a number of � nths. 2 . SECOND READING O AN ORDINANCE TO AMEND THE CITY CODE OF THE � CITY OF FRIDLE MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS REZ NING ZOA 88-04 BY COMMUNITY DEVELOPMENT CORPORATION STMINSTER �' r Ms. Dacy, Communi,ty Development Director, stated that this property is a vacant pa �el located north of St. WilZiam's church. She stated that th first reading of this rezoning ordinance was in March, 1989, and the final reading was withheld until all development �Yoposals were processed. She stated that in addition to this rezqfiing, there is a request for a special use permit and a lot spli� � Mayor Ne stated that the parcel does not exist until action is taken o the lot split. � MOTIOI� by Councilman Schneider to table this item until after discu'�ssion on the requests for a special use permit and a lot split. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (See page 11 regarding motion to table to the March 15, 1993 Council meeting. ) . � � . :. � .. .. . . . _ . . , .... ... . . . . .... . .... FRIDLEY CITY COIINCIL MEBTINC3 OF MARCB 1, 1993 PAGB 4 NEW BUSINESS: 3. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 24 , 1993: A. SPECIAL USE PERMIT RE4UEST, SP #93-01, BY WESTMINSTER CORPORATION, TO ALLOW HOMES FOR THE ELDERLY. GENERALLY LOCATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH � STREET N.E. • Ms. Dacy, Community Development Director, stated that a similar request was submitted in 1988 for a seventy unit building. She stated that the application now being submitted is for a 51 unit building to provide housing for the elderly and handicapped. She stated that three units will be designed for handicapped individuals. Ms. Dacy stated that the proposed funding for this 51 unit building is through the Department of Housing and Urban Development's 202 Program. She stated that in order to be eligible for these units persons must meet qualifying income guidelines. Ms. Dacy stated that the proj ect does not meet the minimum lot area requirement, and it is short by approximately 4,830 square feet. She stated that this shortfall is proposed to be resolved through the execution and recording of an open air easement on the church's F property adjacent to the south lot line. � Ms. Dacy stated that 34 parking spaces are provided on the north of the building with an additional 45 "proof of parking" spaces indicated on the plan should the building demand additional parking. Ms. Dacy stated that the exterior of the building in the 1988 proposal was a combination of brick, stucco and aluminum siding. She stated that the petitioners are requesting that HUD fund a brick exterior and, if this is not possible, the exterior would be similar to the one proposed in 1988. She stated that the Planning Commission wished to recommend that the City assist Westminster in advising HUD that a brick exterior is a preferred alternative. Ms. Dacy stated that the petitioners are proposing the creation of a storm water pond at the southwest corner of the property. She stated that the City's Engineering Department has reviewed the plans, and they are satisfactory. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with six stipulations which she outlined. She stated that the petitioner has indicated that HUD will not fund an irrigation system, and the petitioner requested additional time to install such a system. FRIDLEY CITY COIINCIL MEETINQ OF MARC$ 1. 1993 PAG� 5 I Ms. Dacy stated that the petitioner has stated that HUD will not fund this project with a restrictive covenant against the praperty which dictates that the project is for elderly and handicapped only. She stated that the petitioner has indicated that if the project were to convert to a non-elderly building, the payments on � the mortgage would accelerate, and they believe this is a self- enforcin olic . g P Y Councilman Schneider felt that if the restrictive covenant was not a stipulation that the building could, at some future date, be sold i and turned into an apartment building for the general public. Mr. Prentice, Project Manager for Westminster Corporation, stated that in terms of financing, HUD requires that for forty years the project conform to the limitations to rent exclusively to handicapped and qualifying persons. He stated that HUD does not want to have a property that has a title issue on it for whatever future eventuality there may be a problem in the use of the building. He stated that the program is intended to serve the elderly, but HUD would not provide the financing if there is a I covenant on the property. Ma or Nee asked i y f there was a commitment for Section 8 financing. Mr. Prentice •stated that they have a commitment for 5ection 8 financing for the forty-year term to assist the residents with the rent. : Councilwoman Jorgenson stated that she believed there were restrictive covenants on the Village Green complex, and that they could not be converted to open housing. Ms. Dacy stated that staff could research whether or not there is such a covenant on the Village Green property. Councilwoman Jorgenson stated that her concern was once the loan was paid off that the building may be converted for open housing. She stated that this has been done with hundreds of buildings owned by HUD. Mr. Prentice stated that, in this case, there is no provision for ending the term for forty years. Councilwoman Jorgenson asked the amount of rent that would be charged for these units. Mr. Prentice stated that the residents would pay thirty percent of their income. He stated that income guidelines are established by HUD, and they cannot be over fifty percent of the metropolitan area median. He stated that if a resident has a $600 per month income, they would pay $180 towards the rent and the difference to cover .. ... . .. .. , h . . . , . ... .. . ,., ..' . �.. . , .�.�� .�.,:, ..��.� .. . �.�:'.:". .. �'..�, �. �. ��a��,.... �. .w..�.� ��.�_r... ..... ��.i.. .... ..._.�....� .. . . ,. . ., ,. _ . . .... IA. . . .._ . _ . FRIDLBY CITY COIINCIL MLETINa OF MARCB 1. 1993 PAGE 6 the building's operating cost would be provided by HUD. He stated that the rent would be about $600 per month which is really a hypothetical figure. Mr. Prentice stated that HUD does not allow for an irrigation system in the construction financing for this pro�ect. He stated that Westminster creates an affiliate non-profit board which becomes the owner of the development. He stated that the Board will be composed of residents of the building and members of the community. He stated that they hope to have an irrigation system, but their prospects for installing such a system will depend on the residual cash the project will generate at the end of each fiscal year. He stated that it has been possible in some of their other developments to install an irrigation system. He stated that he would not want to say they would install an irrigation system, because it is not something they have control over. Councilman Schneider asked if Westminster contributes funds to the development. Mr. Prentice stated that there is no developer fee for this project under the 202 Program. He stated that Westminster's fund raising campaign has to cover the developer's time. Councilman Schneider asked how contingencies are covered. � Mr. Prentice stated that the operating budget establishes a reserve "' for these contingencies. He stated that it is hoped there is a way to install the irrigation system and establish reserves which can be used at the discretion of the local project board. He stated that if there is a commitment that the irrigation system is a top priority, it would be taken seriously. Councilman Schneider asked if management fees were paid to Westminster for this building. Mr. Prentice stated that they were paid management fees, and HUD reviews the operating budgets. Councilwoman Jorgenson asked what the cost to install the irrigation system would be. Mr. Prentice stated that the cost would be between $10, 000 to $15, 000. Councilwoman Jorgenson asked if HUD would allow a second mortgage on the property for installation of the irrigation system. Mr. Prentice stated that HUD would not allow a second mortgage. He stated that an irrigation system is not an easy item for which to raise funds. . .. . .. .. .. ... . .. ... .. .... ... ... .._... I!•'� ... .... .. .. .. ....... ..... .... .. . . . ... ..... .. . . . .. . . . . ... . FRIDLBY CITY COIINCIL MEETING OF MARCI€ 1; 1993 PAGE 7 Ms. Deb Bednarz, Westminster Corporation, stated that HUD does not allow items that they consider as amenities for low income housing. She stated that they would not allow a second mortgage that would be paid out of HUD funds. Any funds for an irrigation system would have to be through a grant. Councilwoman Jorgenson stated that the irrigation system is required under the City's code. If this requirement was waived for this development the City would receive similar requests from other developers. , Mr. Prentice felt that it has to be taken into consideration that this is a use that is distinct and identified in many plans as a serious need for affordable housing for the elderly in this area, and it is by no means their choice not to comply with this re irement. He stated that it is somethin the cannot com 1 � 9 Y P Y with at least not during the construction term. He stated beyond that time, they would make every effort to comply, but they would need additional time. Mayor Nee asked if they could comply with the requirement for the � irrigation system in two years. Mr. Prentice stated that two years was better than one, and if they could not comply, they would come back to the Council with reasons why this could not be done. Ms. Dacy asked if the communication from Westminster Corporation dated March 1, 1993 regarding the irrigation system was what they propose for a stipulation. Mr. Prentice stated that it is a proposal which they are submitting. Councilwoman Jorgenson stated that there probably could be a time frame of two years for installation of the irrigation system, and the City would try to assist Westminster with that goal. Mr. Prentice stated that he cannot commit that it would be done within that time, but he would commit that an effort would be made to install the irrigation system. Mr. Pfister, architect with Boorman, Kroos, and Pfister, stated that the building is oriented in an east/west direction. He stated that the residential units would face to the south or north overlooking a green area and not towards Moon Plaza. He stated that the narrow edge of the building faces 5th Street. He stated that this orientation is better for the residents of the building, as well as the adjacent residents. Mr. Pfister stated that there is a circular drive in front of the building with 32 parking spaces provided and space to extend the ....... . ..... ik,.,.,,,,..... .., . , .. . ,.,. ,...,..., .,.. ,.. ., . . . . . . , ,, . ...... . ...,.., .. FRIDLEY CITY COIINCIL MBETING OF MARC� 1, 1993 PAG� .. parking, if needed. He stated that there is a canopy over the entrance and a patio on the first fioor in the center of the building, as well as a balcony. Mr. Pfister submitted a drawing of the building. He explained the roof lines and said it would be an all brick building. Councilwoman Jorgenson asked if there is a space provided for dining. Mr. Pfister stated that there isn't a dining area but instead a community room located just off the entrance of the building. Councilwoman Jorgenson asked if all units are handicapped accessible. Mr. Pfister stated that all units are designed with enough space to accommodate the handicapped. He stated that three units would be fully equipped with handicapped features. Councilwoman Jorgenson asked the height of the electrical outlets and if emergency pull cords would be installed in the baths and bedrooms. Mr. Pfister stated that the outlets would be raised to make them more accessible, and there are emergency pull cords in the baths and bedrooms. � Mayor Nee asked the alternative plan if HUD did not approve the brick building. Mr. Pfister submitted a drawing of the alternate plan which would have a brick or textured block base with horizontal siding in the center, and the third floor would have a detail element around the perimeter and narrow lap siding. Mr. Pfister stated that the inside of the building would be sprinkled, and there would be elevators. Mr. Bruce Nelson, 90 Rice Creek Way, stated that he was a liaison from St. William's Church and has worked with Westminster, the architect, and building committee on this project. He stated that the planning for this project originally started in 1972 and evolved as part of the long-term planning of St. William's Church which felt there had to be some use of this land. He stated that one primary area that was considered was elderly and handicapped housing. He stated that the project was abandoned because of a lack of funding. Mr. Nelson stated that in about 1986, there was a church-wide survey and interest in proceeding with this project. He stated, that at this time, he became invo�.ve�d i� the project. He stated that funds were appropriated to pi�� Wes�pinster Corporation, and FRIDLBY CITY COIINCIL MEETINQ OF MARCH 1, 1993 PAG$ 9 funding was extended for a land survey and soil tests. He stated that Westminster Corporation was selected primarily because of their history and involvement and dedication to the purpose of elderly and handicapped housinq. He stated that the church was looking for an administrative agent, as well as a designer. He stated that Westminster has approximately forty buildings, and 2,600 units they manage. Mr. Nelson stated that the church is actually selling land below market value. The church is willing to give up some property for the open air space and to work with the agent. He stated that he was in favor of this project and encouraged the Council to give Westminster an extension of time to install the irrigation system. He stated that the funding under the 202 Program is very restrictive, and he did not know if this would be a one time option for this program. Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he was a member of St. William's Church and a liaison that works with the developer. He stated that this project is completely different than a private enterprise project. He stated that he can appreciate the Council 's concern about protecting the area by instaliation of the sprinkler system, but for this type of project where they are dealing with subsidized elderly housing, he hoped � something could be worked out. He asked that the Council give consideration to expanding the time limits for the i.rrigation system in order to help with this project. • Mayor Nee stated he understands that a separate corporation is the owner. He asked if there was a potential for selling this building. � Mr. Prentice stated that there is a stipulation in the by-laws of a non-profit entity that if they sell off any of the assets, the assets must be disposed of to do the same function. He stated that an asset cannot be generated that can be made private. He stated that the Board is comprised of residents of the building and the community, and he felt the residents would not want to lose their housing. Councilman Schneider stated that it is not known what actions HUD may take in the future. They may sell off all their properties. He stated that his concern is that there is no protection for the City. He asked if staff had contacted HUD regarding the restrictive covenant. Ms. Dacy stated that staff had not been in contact with HUD, and she does not know the HUD rules for financing as well as Westminster. � Councilman Billings asked if there wasn't a proposal for elderly and handicapped housing, if staff would recommend this property be rezoned to R-3 . FRIDLEY CITY COIINCIL MEBTING OF MARCH 1. 1993 PAG$ 10 Ms. Dacy stated that, based on the zoning pattern in the area, this would be an acceptable zoning designation for the property. Councilman Billings stated that there is concern about what would happen to the building if it was no longer used for elderly or handicapped housing. He stated that as he understands, even if the building was not used for elderly or handicapped housing, it would be a reasonable use of the property. Councilman Billings was concerned about notification of those in the area and the amount of time that has passed since the first reading of the rezoning ordinance. He stated that he is not opposed to this project, but he is concerned with the fact that there are requirements for notifying the residents surrounding the project. He wants to make sure the City has complied with these requirements. Ms. Dacy stated that everyone within 350 feet of this project received notification of the special use permit request. Mr. Prentice stated he understands that the City must comply with the legal requirements for notification; however, he stated that they did hold a public meeting at St. William's in January. He . stated that notices were sent to residents in the area and announcements placed in the Fridley Focus. Throughout the churches and all who attended the meeting were in favor of this project. �� Councilman Billings stated that it appears there is concern primarily with two aspects -- the restrictive covenant for elderly and handicapped housinq and the sprinkler system. He stated that staff has not been in contact with HUD for their response to these issues, and it seems there are some unanswered questions that need to be addressed. Councilman Schneider stated that he is supportive of the overall project, and it is something that is needed in the community. However, he would feel more comfortable with the covenant issue if the City could get some guarantees. He stated that if it does not jeopardize the project he would prefer to table this item to the next Council meeting. Mr. Prentice stated that he does not believe tabling the project would cause any damage, but he did not believe the Council would receive any additional information to resolve these concerns. He stated that as far as funds for the sprinkler system, he would not want approval withheld until the funds were raised. He felt that in any case, the Council would face the question of whether or not they would allow some leeway. Councilwoman Jorgenson stated that she would like staff to check if there was a restrictive covenant for the Village Green complex. � She stated that she is pleased to see this project moving forward, FRIDLBY CITY COIINCIL MEETINQ OF MARCH 1. 1993 PAGE 11 and it is something that is needed in the community. She felt that once the build�ng is constructed, funds would be available for the sprinklinq system. MOTION by Councilman Schneider to table this item to the next meeting on March 15, 1993 and request staff to contact HUD particularly regarding some form of assurances that the building at least for a forty-year period would be used for elderly and handicapped housing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION APPROVTNG A SUBDIVISION LOT SPLIT L.S. 93- 1 TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORT OF 61ST AVENUE AND WEST OF FIFTH STREET WEST STER CORPORATION) : MOTION by Councilwoman Jorgenson to table this i�'em to the March 15, 1993 Council meeting. Seconded by Council n Schneider. Upon a voice vote, all voting aye, Mayor Nee decl�d the motion carried unanimously. � f, Mayor Nee stated that it would be necessary fo�.r�'the Council to take action to table the rezoning for this develo�ment as covered under Item 2 on the agenda. ,.�` .P� 2. SECOND READING OF AN ORDINANCE TO�MEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY ,r�'MAKING__A _CHANGE __IN _ ZONING DISTRICTS (REZONING, ZOA #88-R"4, BY COMMUNITY DEVELOPMENT CORPORATION (WESTMINSTER) : MOTION by Councilman Schneider �"o remove this item from the table and table to the March 15, �:993 Council meeting. Seconded by Councilman Fit2patrick. Upo,ri a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 . RECEIVE PROPOSAL .°'"FOR CURBSIDE AND MULTI-UNIT RECYCLING SERVICES• Ms. Dacy, Community Development Director, stated that the City requested and Xeceived proposals for comprehensive recycling services. Sh� stated that the request for proposal included a two-year term'; twice-a-month collection and acceptable materials to include cans, glass, newspaper, corrugated cardboard, magazines, and cata�.ogs, sources separation mandatory for one to four unit ' buildings, commingled collection optional for five to twelve unit buildings, ninety gallon containers required for five to twelve unit buildings to be paid for by contractor, and one promotional brochure to be paid for by contractor. FRIDL$Y CITY COQNCIL MEBTING OF MARCS 1. 1993 PAG$ 12 Ms. Dacy stated that proposals were received from Gopher �sposal, Super Cycle, Inc. , and Waste Manaqement, Inc. She stat that on February 22, 1993, Gopher Disposal withdrew their propo l, as they had underestimated the cost of providing the n' ety gallon containers, overextended themselves in making the con}�aitment to the additional $2,000 a year in promotional costs, �and they were concerned about the unknown additional cost of thef�roposed Federal BTU tax. ,r d Ms. Dacy stated that staff recommends that �6uncil accept Super Cycle's proposal for curbside and multi-uni�•` reaycling services, and that contract negotiations be completed ��rith submission of the contract at the March 15, 1993 Council meeting. She stated that Super Cycle submitted a competitive proposal and is capable of providing these services, and they have� experience in providing multi-unit service. Councilman Schneider asked what the C�£y was paying on the existing contract for curbside services. He ,;stated that their proposal is for $1.43 for one to four units. Ms. Dacy stated that it is curren'tly $1. 00 per household. Councilwoman Jorgenson asked i�'�tthe City was collecting telephone books. � Ms. Campbell, Planning AssiS'tant, stated that telephone books are " not e�licitly advertised �s something the City would pick up, but if they appear with the r�cycling material Super Cycle would take them. She stated that tY�e City could make the choice not to pick up any telephone books, ,�ut this is not a cost factor. r Councilwoman Jorgenso�i� stated that the telephone company is providing new telephafie books to everyone which may be something a person does not wa�►t. She felt that the cost for disposing of old telephone books,"shou.ld be borne by the telephone company. Ms. Campbell state.d that the only advantage of picking up telephone books is that it ,�dds to the tonnage, but there is the question of picking up those recycling items that are not generated by the residents. Councilwoman ,7orgenson stated that she is glad the City has some type of perfv�rmance guarantee. She stated that at her home last Friday she �aicked up six pop cans that had been run over by the Super Cycle; truck. She stated that this not only happened at her residence but all the way down the block. She stated there have been block� that have been missed, and the City has tried to obtain a telepho,rie number in the event they need to contact someone after normal b�isiness hours. She stated it is hoped that this could be provide�l. FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 15 8. APPROVE EXTENSION OF SPECIAL USE PERMIT, SP #93-01 , BY WESTMINSTER CORPORATION, TO ALLOW HOMES FOR THE ELDERLY, GENERALLY LOCATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E. : MOTION by Councilman Billings to approve the extension of Special Use . Permit, SP #93-01, to September l, 1994 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9 . APPROVE WAIVING FEE FOR TEMPORARY SIGN PERMIT FOR ST. WILLIAM'S CHURCH GENERALLY LOCATED AT 6120 FIFTH STREET N.E. : � MOTION by Councilwoman Jorgenson to waiv� the fee for the te orary sign permit for St. William' s Church. Seconded by Co ncilman Billings. Upon a voice vote, all voting aye, Mayor Ne ' declared the motion carried unanimously. 10. APPROVE JOINT POWERS AGREEMENT FOR THE � XPANSION AND IMPROVEMENT OF MANOMIN PARK AT LOCKE LAKE IN'ANOKA COUNTY: Mr. Flora, Public Works Director, stated t at the County has prepared a Joint Powers Agreement concernin the purchase of the residential Iot (Sajady property) adjacent the north side of the Locke Lake dam. He stated that the County roposes to purchase the property and have the City remove the s ructure. He stated that the County will own the property as an ddition to Manomin Park and implement future improvements within o years after the Rice Creek Watershed District completes the dr ging of Locke Lake. He stated that the City is allowed access ross the County owned property to construct the Locke Lake dam. MOTION by Councilwoman Jorge on to authorize the Mayor and City Manager to execute the Join Powers Agreement with the County and encourages the City Manag r and staff to expeclite this process. Seconded by Councilman B' lings. Upon a voice vote, Councilwoman Jorgenson, Councilman B' lings and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion arried. 11 . APPROVE CHAN E ORDER NO. 1 TO LOCKE LAKE DAM RESTORATION PROJECT NO. 211: Mr. Flora, P lic Works Director, stated that this change order deletes it s from the Locke Lake Dam restoration project associated with the park improvements to be completed by Anoka County. e stated that those items deleted are the fishing pier, concret curb and gutter, bituminous parking lot, bituminous walkwa , steel railing, block retaining wall , and a canoe portage. MOT ON by Councilman Billings to approve Change Order No. 1 to the Lo ke Lake Dam Restoration, Project No. 211, for a deletion of FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 16 $48, 306. 50 from the original contract with Lunda Construction Company. Seconded by Councilwoman Jorgenson. Upon a voice vote,/� Councilman Billings, Councilwoman Jorgenson and Mayor Nee voted ' favor of the motion. Councilwoman Bolkcom abstained from voti g. Mayor Nee declared the motion carried. 12 . RESOLUTION NO. 20-1994 ORDERING PRELIMINARY PLANS � SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993 7: Mr. Flora, Public Works airector, stated that Frid ey has been working with the City of Mounds View to jointly u grade Stinson Boulevard/Pleasant View Drive between 73rd Avenue a d Osborne Road. He stated that a petition was received from res ' ents to upgrade the road to 38 feet with parking on both sides d the installation of concrete curb and gutter. MOTION by Councilwoman Jorgenson to adopt esolution No. 20-1994 . Seconded by Councilman Billings. Upon voice vote, all voting aye, Mayor Nee declared the motion carr'ed unanimously. 13 . RESOLUTION NO. 21-1994 RECEIVIN THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING O MARCH 21 1994 ON THE MATTER OF CONSTRUCTION OF CERTAIN PROVEMENTS: STINSON BOULEVARD STREET IMPROVEMENT PROJECT . ST. 1993-7 : MOTION by Councilwoman Jorgens n to adopt Resolution No. 21-1994 . ' Seconded by Councilman Billi gs. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 14 . RESOLUTION NO. 22 994 AUTHORIZING AND DIRECTING THE , SPLITTING COMBINATI N OF SPECIAL ASSESSMENTS ON: LOT 1 BLOCK 1 AND LOTS AND 8 BLOCK 2 NORTHCO BUSINESS PARK: MOTION by Councilma Billings to adopt Resolution No. 22-1994 . Seconded by Council oman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee dec ared the motion carried unanimously. 15 . INFORMAL S TUS REPORTS: OUTDOOR OOD SALES : Ms. Dacy, C mmunity Development Director, stated that at a previous meeting o the Council , Mr. Turner appeared before the Council asking i Council would consider an amendment to the ordinance to permit tdoor sales of food, as he operates a mini-doughnut stand. She st ted that staff has developed three options for Council ' s consi eration: (1) no change; (2) require a special use permit in a C- and C-3 district; and (3) permit this use as an accessory use in C-2 and C-3 district and require a license for a "seasonal food sale. " . � _ ��/ FIV�[..1 FRIDLEt' MU�iCII'AL CEtiTER•E,-1�1 UNIVERSITY AVE. N.E. FRIDLEY. MN �i�?? •�(,I'i�71-��150• FAX 161�)571-I�� CITY COUNCIL ACTION TAREN NOTICE March 10, 1994 Westminster Corporation Doug Mayo 328 Kelloqg Boulevard West St. Paul, MN 55012 Dear poug: On March 7, 1994, the Fridley City Council officially approved your request for extensian of a Special Use Permit, SP #93-01, to allow homes for the elderly on Lots 1 - 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. This extension is valid until September 1, 1994. If you have any questions regarding the above action, please call ' me at 572-3590. ince ely, Barbara Dacy, AICP Community Developmen rector BD/dn cc: Church of St. William Please review the above, sign the s �tement below and return one copy to the City of Fridley Plannin Depart nt by March 24, 1994 . � � ^i� � , � �� 1 �f�/'� C ur ith act on� taken. / _ C1TY OF FR!DLEY FR(DLEY MUN(CtPAL CLNT'ER •6431 UN[VERSITY AVE. I�I.E. FRfDLEY, MN Si�i3? • (61_')571-3450• FAX(612)571-1��tii CITY COUNCIL ACTION TAKEN NOTICE March 10, 1994 � Westminster Corporation Doug Mayo 328 Kellogg Boulevard West St. Paul, MN 55012 Dear poug: On March 7, 1994, the Fridley City Council officially approved your request for extension of a Special Use Permit, SP #93-01, to allow homes for the elderly on Lots 1 - 16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. This extension is valid until � September 1, 1994. If you have any questions regarding the above action, please call me at 572-3590. ince ely; Barbara Dacy, AICP Community Developmen rector BD/dn cc: Church of St. William Please review the above, sign the s �tement below and return one copy to the City of Fridley Plannin I�epart ent by March 24 , 1994 . �n �! / ��,� / ; i -� k ' ; , 1 �°"f' C ur ith act o taken. - - ,;,. ..,. :,, ,.,.... ,. .,. _. .... ... _,. ... .. , . ..,.., . ,• , .... � _ l CfiYOF FRI DLEY FRIDLEY MUN[CIPAL CENTER •6431 UNIVERSITY AVE. N.E. ERIDLEY, MN 55432•(6l2)57i-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 19, 1993 Westminster Corporation Charles Prentice ; 328 Kellogg Boulevard West St. Paul, MN 55102 Dear Mr. Prentice: On March 15, 1993 , the Fridley City Council officially approved your request for a special use permit, SP #93-01, per Section 205.09. 01. (C) . (7) of the Fridley City Code, to allow homes for the elderly on Lots 1 - 16, Block 1, and Lots 1 and 30, Block 2, ' Norwood Addition to Fridley Park, together with vacated streets ' and alleys. I�I Approval of the special use permit is contingent upon the following �I stipulations: I 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2 . An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. 3. The use of the building shall be for occupancy by elderly and handicapped persons as defined in Section 202 Department of Housin and Urban Develo ment re ulations. If Section 202 I g P g regulations are amended, the management entity of the building shall notify the City Council for review and consent of the changes. 4. Lot split request, L.S. #93-01, shall be approved. ' S. The exterior shall be brick. SP #93-01, Charles Prentice March 19, 1993 Page 2 You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn cc: Church of St. William Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 2, 1993. ,� � � � ��-_��.�.-- ��-� _ Concur with action taken - • i�i339'7 STATE OF MINNESOTA ) CITY COIINCIL PROCEBDINC�S � � COUNTY OF ANOKA ) SPECTAL USE PERMIT CITY OF FRIDLEY ) In the Matter of: a special use permit, SP ��93-01 owner: Church of St. William (petitioner: Westminster Corporation) ' The above entitled matter came before the City Council of the City of Fridley ' and was heard on the 15th day of March , 19 93 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow homes for the elderly on Lots 1 - 16, Block 1 , and Lots 1 and 30, Block Z, Norwood Addition to Fridley park, together with vacated streets and' alleys. The site totals 127,505 square feet and is generally located north and east of St. William's Church abutting 5th Street N.E. IT IS ORDERED that a s ecial use ermit be p p granted as upon the following conditions or reasons: ' Approval with five stipulations. See City Council minutes of March 15, 1993. STATE OF MINNESOTA ) I�I I COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for ' said City of Fridley, do hereby certify that I have compared the foregoing '� copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridle , Minnesota, in the County of Anoka on the �ST day of . 19 � 3 . DRAFTED BY: Cit of Fridle � Y Y 6431 University Avenue N.E. Fridley, MN 55432 � . , ` /`-/ � ' t : L William A. Champa, City "�r�,-�� , E, _ .� "'° ,.`„' • � � `�� `' . .�SEP�I;� � '; :�, . ?:�:J �y n . .. . A' �' �✓` � �*f��rt Y� J��'�� ! _. m, , r , �� .` �1 ��- • �� ..� \ `/ '/ ' Zf•. ^`V . j-gt � , � ,.M,u ,.. V ♦ � FRIDLEY CITY COIINCIL MEETING OF MARCH 15, 1993 PAGE 5 HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Councilman Billings to table appointment to the seat eld by Duane Prairie. Seconded by Councilman Schneider. Upon voice vote, aI2 voting aye, Mayor Nee declared the motio carried unanimously. PLANNING COMMISSION, AT-LARGE: MOTION by Councilman Schneider to reappoint C nie Modig to the at-large seat on the Planning Commission fo a three-year term expiring April 1, 1996. Seconded by Council an Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE P ING COMMISSION MEETING OF FEBRUARY 24 , 1993: . A. SPEC�IAL USE PERMIT RE UE SP 93-01 BY WESTMINSTER CORPORATION TO ALLOW HOME FOR THE ELDERLY GENERALLY LOCATED NORTH AND EAST OF ST. WI IAM'S CHURCH ABUTTING FIFTH STREET N.E. (TABLED 3/1 93) : � Mayor Nee requestPd th the rezoning of this property be i considered before this ecial use permit and lot split request. l 5. ORDINANCE NO. 08 TO AMEND THE CITY CODE OF THE •CITY OF FRIDLEY MINN OTA BY MAKING A CHANGE IN ZONING DISTRICTS REZONING ZO 88-04 BY COMMUNITY DEVELOPMENT CORPORATION WESTMINSTE TABLED 3 1 93 : Ms. Dacy, Co unity Development Director, stated that this is a request to r one property generally located north of St. William's Church fro R-2 and C-3 to R-3 to permit the construction of a multiple amily elderly housing project. She stated that this ordinan had a first reading in March, 1989, and it is recommended that t e second and final reading be held this evening. MOT N by Councilman Fitzpatrick to waive the reading and adopt Or inance No. 1008 on the second reading and order publication. conded by Councilman Schneider. Upon a voice vote, all� voting aye, Mayor Nee declared the motion carried unanimously. 4 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 24 , 1994 : A. SPECIAL USE PERMIT REQUEST SP #93-01, BY WESTMINSTER CORPORATION TO ALLOW HOMES FOR THE ELDERLY GENERALLY LOCATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E. (TABLED 3/1/93) : ( Ms. Dacy, Community Development Director, stated that the Council requested additional information at their last meeting regarding � V � FRIDLEY CITY COIINCIL MEETING OF MARCH 15, 1993 PAGE 6 j �r the deed restriction and underground irrigation. She stated that �- staff had recommended a deed restriction that the project would only be for elderly and handicapped persons. She stated that she contacted Chuck Sorenson, legal counsel for HUD. Iie suggested the City .include a stipulation on the special use permit dictating that the project is for the elderly and handicapped only. She stated that this would be acceptable under the HUD guidelines as opposed to a recorded deed restriction. She stated that Stipulation No. 4 as originally recommended has been amended. Ms. Dacy st�ted that in regard to the underground irrigation system, Mr. Sorenson confirmed that this item is not eligible for reimbursement through Section 202 financing. She stated it is felt that this requirement should not be waived, but should be given Westminster Corporation a longer time to install this system. She stated .it is rec�mmended that Stipulation No. 3, which states an underground irrigation system shall be installed five years from the issuance of a certificate of occupancy, be eliminated from the , stipulations. She stated that this requirement for the irrigation system is a code requirement, and the City could enforce this through the building permit. MOTION by Councilman Fitzpatrick to grant Special Use Permit Request, SP #93-01, with the deletion of the stipulation which relates to the underground irrigation system, and subject to the �, following stipulations: (1) a storm water pond maintenance ( agreement shall be executed and recorded against the property; (2) an open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. William's property. The proposed easement language shall be reviewed by the � City Attorney prior to execution. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted; (3) the use of the building shall be for occupancy by elderly and handicapped persons as defined in Section 202 Department of Housing and Urban Development regulations. If Section 202 regulations are amended, the management entity of the ' building shall notify the City Council for review and consent of the changes; (4) lot split request, L.S. #93-01 shall be approved; and (5) the exterior shall be brick. Seconded by Councilman Schneider. Councilman Billings stated that he is uncomfortable with voting on this without Councilwoman Jorgenson present. He stated that Councilwoman Jorgenson seemed concerned with assurances that the property remain for elderly and handicapped housing as well as the underground irrigation. Mayor Nee stated that this issue is covered in the stipulations, and he would just as soon proceed with a vote. Councilman Schneider stated that he is satisfied with the t. stipulation relative to the use of the building. He stated that � , ' FRIDLEY CITY COIINCIL MEgTING OF MARCH 15. 1993 PAGB 7 �� i he would suspect this also addresses Councilwoman Jorgenson's concerns. However, if this were not the case, and other members of the Council were in favor, it would not influence the final outcome. � Councilman Fitzpatrick stated that he was prepared to vote on the motion. Councilman Billings stated that the stipulation for the underground irrigation system has been eliminated; however, it is a code requirement. He asked if this would be handled on the building permit. Ms. Dacy stated that it would be handled in conjunction with the building permit. Councilman Billings asked if a letter would be required that at some period of time Westminster would install the underground • irrigation system to comply with the City's code. Ms. Dacy answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � B. RESOLUTION NO. 25-1993 APPROVING A SUBDIVISION T SPLIT L.S. 93-01 BY WESTMINSTER CORPORATION TO CREA TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST A E AND WEST OF 5TH STREET• Ms. Dacy, Community Development Director stated that this lot split divides St. William's church prop ty into two parcels. ' Ms. Dacy stated that the Planning C ission recoinmended approval of the lot split request subje to th� stipulation that the petitioner execute and record open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. She stated that t proposed easement language shall be reviewed by the City Atto ey prior to execution of the easement, � and the easement shall ot be used to calculate setbacks or lot area calculations on e St. WiZliam's property. She stated that if necessary, a c nsent by a mortgage holder shall also be submitted. MOTION by Cou ilman Fitzpatrick to adopt Resolution No. 25-I993 . Seconded by ouncilman Schneider. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. MOTIOa.� by Councilman Schneider to receive the minutes of the Plan ng Commission meeting of February 24, 1993. Seconded by ; Co cilman Billings. Upon a voice vo�e, all voting aye, Mayor Nee d�clared the motion carried unanimously. ,� � �� r Num�r�al,_ Grart�" — Gra�':t2^ Rec��d�d Chec4<ed,_, MaYgin Tr. lndex I pgFpC�pf CCIUNTI'RECORDEfl STR3E(�F h9;�P�Er03A,CQlt41TY OF AN�KA I Merab�/ c;��:;'y, ti'<i: the w�thin instru- snent vrGs '..�:c! i��5��`�°r1J.7�d f;: a��:h;-� �-.,..... `..�'..' '��,C`��fi�..� cri•� '.`��%u ::��e;� rscorded � i`c. Edwa d M.'�reska Gounfi/fi�cordeC �y _-- neputy C�— F a ��c� �� y _ c � ��