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SP86-15 CITY G7 FRI r L EY 4 6431 IJNI✓ERSITY �,z, rA FRIDLEY, MN 554SPECIAL . SE PERMIT SP -% (612)571-3450 SPECIAL USE PERMIT FEE Z 0 C RECEIPT # cC� SCHEDULED PLANNING ODMMISSION MEETING DATE: (� Z L ' SCHEDULED CITY ODUNCIL MEETING DATE: PROPERTY INFORMATION PROPERTY ADDRESS See Attachment LFI;AL DESCRIPTION: LOT BLACK TRACT/ADDITION PRESENT ZONING R-1 ACREWE SPECIAL USE PERMIT BEING APPLIED FOR: Clinic, Day Care and Automobile Parking SECTION OF THE ODDE: 2 0 5 . 0 7 . 1.C OWNER INFORMATION NME See Attachment PHONE # ADDRESS SIGNATURE DATE _-- PETITIONER INFORMATION NAME North Suburban Hospital District PHONE # 340-2920 ADERESS c/o Dennis Buratti, 2200 First Bank Place East, Minneapolis 55402 SIGNATURE t~ ', DATE August 15, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED HATE STIPULATIONS: The petitioner hereby understands that: 1. Rie City will notify all residents and owners of property within 200 feet of said property. 2. Ibis application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of pr opo sed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if appl ica bl e Street names Location and use of adjacent existing buildings within 350 feet. 4A ATTACHMENT TO SPECIAL USE PERMIT APPLICATION 1. Parcel 1 Property Address : 472 Osborne Road Legal Description: Lots 1 thru 5 and those parts of Lots 8 thru 12 lying Northerly of a line drawn from a point on the West line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12, all in Block 1, Osborne- Manor 2nd Addition. Owner Information: Name: Fridley Assembly of God Address : 472 Osborne Road, Fridley 55432 Phone No. : 784-7557 Signature: Fridle Assembly of God B , Date : /(� 1986 2 . Parcel 2 Property Address : 400 Osborne Road Legal Description: Lot 6, Block 1, Osborne Manor 2nd Addition Owner Information: Name : William J. and Mildred G. Adams Address : 400 Osborne Road, Fridley 55432 Phone No. : 784-7150 Signature: Date : �- .?o • 1986 s . F 4B 3 . Parcel 3 Property Address : 401-76th Avenue N.E. Legal Description: Lot 7, Block 1, Osborne Manor 2nd Addition, together with adjoining vacated 76th Avenue N.E. Owner Information: Name: Bernard J. and Margaret A. Gaudette Address : 5238-13th Ave. So. , Minneapolis 55417 Phone No. : 825-3466 Signature: 67 -� Date : 020 1986 2 - II (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day,Septemer 24,1986,in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit,SP p86-15,by North Sub- urban Hospital District,per Sec- tion 205.07.1, C. 2 of the Fridley City Code, to allow a daycare facility; Per Section 205.07.1,C,5 of the Fridley City Code,to allow automobile parking lots for off- street parking spaces; and per Section 205.07.1,C,of the Fridley City Code, to allow a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying North- erly of a line drawn from a point on the West line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12, all in Block 1,Osborne Manor 2nd Addition,the same being 472 Os- borne Road N.E., together with Lot 6. Block 1, Osborne Manor 2nd Addition,the same being 400 Osborne Road N.E., together with Lot 7,Block 1,Osborne Man- or 2nd Addition together with ad- joining vacated 76th Avenue N.E., the same being 401 -76th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. STEVE BILLINGS Chairman Planning Commission (Sept.8&15,1986)-FRID 4c PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday,September 24 , 1986 , in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Special Use Permit, SP 086-15, by North Suburban Hospital District, per Section 205. 07 . 1, C, 2 of the Fridley City Code, to allow a daycare facility; per Section 205 . 07 . 1 , C, 5 of the Fridley City Code, to allow automobile parking lots for off-street parking spaces ; and per Section 205. 07 . 1 , C, 6 of the Fridley City Code, to allow a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the West line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12 , all in Block 1 , Osborne Manor 2nd Addition, the same being 472 Osborne Road N.E. , together with Lot 6 , Block 1 , Osborne Manor 2nd Addition, the same being 400 Osborne Road N.E. , together with Lot 7 , Block 1 , Osborne Manor 2nd Addition together with adjoining vacated 76th Avenue N.E. , the same being 401 — 76th Avenue N.E, Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place, STEVE BILLINGS CHAIRMAN PLANNING COMMISSION Publish: September 8, 1986 September 15 , 1986 FS N 1/2 SEC. // ,p T. 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F) �`) l4J v 27 f C4) , (tel •�, Y•)i 5 (o) (4)(550) } W 3 ISP /O O ? 26 (� +/ t (/200) / 4.fA •L h 9. ) • ;,� I `+ (� 23 F " •" ...'";�� 74TH AVENUE KE Cis (i)F' ► �') rSd (5)(6001 t /2 'r`,,, Ck) �� (ick 7(,)5�' 22 iN r•). .i+'ir a 24 ' (ti) +• %6 q(Si ♦ 'i 2. 4w9 (0(650) (//50) 6 . (•f)I/5 /3 �// * ♦ W rte 2 ,. ` 4 , 2 2 UJ 22 2q`x) (�^)"; l I �• �(N.!q(u) /Y)"" �2 )1 ��) °v a (�X,70) e, �►a' „ zo 23�) i(9�) 4j V*i� ��•/9 �,4 4 /`� C6•t ��:e 2) • �) +,�:,/9'«J n 4 �O t (0(7501 -s a rr Sol /s J, s.' "��ti ��5 :�io 7 iC ~ Via) t (� 'ie" { C/)(e6ol /y (B a s <�Jy .�n� �'•/r Nn , t . • Planng 9/5/86 4D Council North Suburban MAILING LIST Hospital District SP #86-15 Fridley Assembley of God 472 Osborne Road N.E. Fridley, MN 55432 North Suburban Hospital District Dennis Buratti 2200 First Bank Place East Minneapolis, MN 55402 Unity Hospital 550 Osborne Road N.E. Fridley, MN 55432 Peter Van Hauer 350 Osborne Road N.E. Fridley, MN 55432 Vernon Godeen 375 - 76th Avenue N.E. Fridley, MN 55432 George Wilder 361 - 76th Avenue N.E. Fridley, MN 55432 Dorothy Danzl 401 - 76th Avenue N.E. Fridley, MN 55432 William Adams 400 Osborne Road N.E. Fridley, MN 55432 Garth Willhite 7574 - 5th Street N.E. Fridley, MN 55432 Dorothy Johnson 340 Osborne Road N.E. Fridley, MN 55432 R f i • DoIRSEY & WHITNEY A PABTNERSlIIP INC LD DING P80....NAL COAPORA -. 2200 FIRST BANK PLACE EAST 510 NORTH CENTRAL LIFE TOWER MINNEAPOLIS, MINNESOTA 55402 201 DAVIDSON BUILDING 445 MINNESOTA STREET (612) 340-2600 8 THIRD STREET NORTH ST.PAUL,MINNESOTA 55101 GREAT FALLS,MONTANA 69401 (612)227-8017 TELEX 29-0606 (406)727-3632 TELECOPIER (612)340-2868 340 FIRST NATIONAL BANK BUILDING P.0.BOX 848 1200 FIRST INTERSTATE CENTER ROCHESTER,MINNESOTA 55903 401 NORTH 31sT STREET (507)288-3156 P.0.BOX 7188 BILLINGS,MONTANA 59103 315 FIRST NATIONAL BANK BUILDING DENNIS BURATTI (406)252-3800 WAYZATA,,MINNESOTA 55391 (612)475-0373 (612) 340-2920 30 RUE LA BOETIE 350 PARK AVENUE 75008 PARIS,FRANCE NEW YORK,NEW YORK 10022July 18, 1 9 8 6 OU-33(1)43-59-13-65 (212)415-9200 011-3311)45-62-32-50 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: James Robinson City Planner Re: Assembly of God Church Property Osborne Road and 5th Street N. E. Dear Mr. Robinson: Confirming our telephone conversation, we are repre- senting the North Suburban Hospital District (the "District" ) in connection with its intended purchase of the Assembly of God Church property at 472 Osborne Road and of the two contig- uous homes located on 5th Street N.E. The entire property is shown outlined in red on the enclosed map. The closing of the sale of the Church property will not occur until October of 1987 . It is anticipated that the purchases of the two homes will close this year. The District is uncertain at this time as to how it will use the property and likely will not have any specific plans for some time. Obviously, however, it cannot commit to purchasing the property without knowing that it will be able to use it for purposes other than a church and single family homes . I understand that the property is located in an R-1 zoning district (Single Family Residential ) . I further under- stand that, with a special use permit, the property could be used for medical clinic, day care, convalescent housing and elderly housing purposes . Normally, however, such use must commence within one year from the date of issuance of the permit. r DOBSEY 8C WHITNEY City of Fridley Page Two July 18, 1986 What the District would request is that the City Council issue a special use permit at this time, which would allow any of the above uses to be made of the property provided that such use commenced, say, on or before December 31, 1987. I understand that you will discuss this with the City Council (and presumably the City Attorney) and advise me as to whether this is possible. Thank you for your consideration. Very truly yours, Dennis Buratti DB:jm Enclosure cc : Elizabeth Wall Thomas Gambucci Verlane Endorf Q *LANNING DIVISON 7 cinoF MEMORANDUM FRIDLEY MEMJ TO: Dave Newman WM FROM: Jim Robinson MEMS DATE: July 25, 1986 RMARDING: A Special Use Permit at Assembly of God Church The attached mono, from David Buratti of the Law Firm of Dorsey & Whitney, outlines his client's (North Suburban Hospital District) intent to purchase the Fridley Assembly of God Church property on Osborne Road and 5th Street N.E. The issue at hand is their desire to enter into a non-binding purchase agreement with the church. In order to do this they need commitment from the City as to the land use for the property. As you will see from the memo their intent is not to close until October of 1987. At this time the hospital district is uncertain as to the intended use of the property. I explained to Mr. Buratti that Special Use Permits are generally issued only for specifically documented uses. However, due to the fact that they need some assurance in order to enter into a non-binding purchase agreement I suggested that he request Council to approve his application for a Special Use Permit under the general heading "For Use as Medical Clinic, Daycare, Convalescent Housing and Elderly Housing Purposes." There would be no site plan for specific density or level of use documented with the Special Use Permit at this time. If the Special Use Permit is granted under the general framework of the previously mentioned uses, a stipulation stating that once a difinitive plan is arrived at this plan would also be reviewed and approved by the Planning Commission and City Council prior to the building permit being issued. Secondly, in as much as a S.U.P. is issued with the condition that the work be commenced within one year, we would also need to grant an extension with the approval of the general S.U.P. The extension would more than likely be until December 31, 1987. I have no personal problem with the requests. My questions to you are: Would it be an appropriate action for City Council to take, and are there any other particular legal considerations which we should consider? Please respond at your earliest convenience. JWlmn M-86-170 c.c. Jock Robertson Attachment: Memo from David Buratti t r N that by permitting this particular request, the City could be further er.roding its authority on this matter. It is conceivable that in a future case where the City denies a request for a special use permit, the applicant could point out to the courts that in a similar instance the City gave carte blanche authority to the property owner without even knowing what the intended use was to be. Frankly, I am sure that the Hospital District is well aware of the limitations imposed upon a city in denying a request for a special use permit. The Hospital District is well aware of the fact that it will be able to use the property for purposes other than a church or single-family homes as long as the proposed use is a use which is specified as a permitted special use and providing that the City cannot meet the burden of proof which is required in denying a special use permit request. I recognize that the Hospital District is a good community citizen and that the City wishes to cooperate with them whenever possible . Like you, I do not have any personal problem with its request. However, from a legal standpoint, I believe that granting its request sets a dangerous legal precedent and, further , it is an unwarranted and dangerous abrogation of the City' s responsibility to review these types of requests . incerejy yours , DPN:JJH avid Newman cc : Jock Robertson DOBSEY & WHITNEY A PA.......P INCLUDING P....S I ,CORPORATION. 2200 FIRST BANK PLACE EAST MINNESOTA 55402 510 NORTH CENTRAL LIFE TOWER MINNEAPOLIS, 201 DAVIDSON BUILDING , 445 MINNESOTA STREET (612) 340-2600 8 THIRD STREET NORTH ST.PAUL,MINNESOTA 55101 TELEX 29-'0605 GREAT FALLS,MONTANA 59401 (612)227-8017 (406)727-3632 TELECOPIER (612)340-2868 3.30 FIRST NATIONAL BANK BUILDING P.O.BOX 848 1200 FIRST INTERSTATE CENTER ROCHESTER,MINNESOTA 55903 401 NORTH 31sT STREET (507)288-3156 P.O.BOX 7188 BILLINGS,MONTANA 59103 315 FIRST NATIONAL BANK BUILDING DENNIS BURATTI (406)252-3800 WAYZATA,MINNESOTA 55391 (612)475-0373 (612) 340-2920 30 RUE LA BOETIE 350 PARK AVENUE 75008 PARIS,FRANCE NEW YORK,NEW YORK 10022 OU-33(1)43-59-13-65 (212)415-9200 August 25, 1986 OU-33(1)45-62-32-50 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: James Robinson City Planner Re: Assembly of God Church and Adjoining Properties, Osborne Road and 5th Street N. E. Gentlemen: Enclosed is the Application of our client, North Suburban Hospital District, for a special use permit with respect to the property which it is acquiring at the Southeast corner of the intersection of Osborne Road and 5th Street N. E. Also enclosed is the District ' s check for the $200. 00 application fee. In that no substantial exterior modifications of the existing improvements are planned, we are not submitting a site plan. Please do not hesitate to contact the undersigned should you have any questions concerning this matter. Please also advise me of the date for the hearing by the Planning Commis- sion. Thank you. Very t uly/ urs, ,___ <. Denn s Buratti DB:jm Enclosures cc : Betty Wall I 8CC DOBSEY & WHITNEY A PAB EHSHIP INCLUDING PHOPESSIONAL COHPOHeTIONS 2200 FIRST BANK PLACE EAST 510 NORTH CENTRAL LIFE TOWER MINNEAPOLIS, MINNESOTA 55402 201 DAVIDSON BUILDING 445 MINNESOTA STREET (612) 340-2600 8 THIRD STREET NORTH ST.PAUL,MINNESOTA 55101 TELEX 290605 GREAT FALLS,MONTANA 59401 (612)227-8017 TELECOPIER (612)340-2668 (406)727-3632 340 FIRST NATIONAL BANK BUILDING P.O.BOX 848 1200 FIRST INTERSTATE CENTER ROCHESTER,MINNESOTA 55903 401 NORTH 31-STREET (507)288-3156 P.O.BOX 7188 BILLINGS,MONTANA 59103 315 FIRST NATIONAL BANK BIIILDING DENNIS BURATTI (406)252-3800 WAYZATA,MINNESOTA 55391 (612)475-0373 (612) 3402920 30 RUE LA BOHTIE 350 PARK AVENUE 75008 PARIS,FRANCE NEW YORK,NEW YORK 10022 OU-03(1)43-59-13-65 (212)415-9200 September 3, 1986 011-33(1)45-62-32-50 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: James Robinson City Planner Re: Special Use Permit Application by North Suburban Hospital District ( "District" ) for 472 Osborne Road, 400 Osborne Road and 401-76th Avenue N. E. Gentlemen: Our client, the District, has applied for a special use permit which would allow the subject property to be used for clinic and day care purposes . In connection therewith, the District has submitted a Site Plan dated September 2, 1986 prepared by Donald F. Pertinen Planning & Design, Inc . As I have previously advised you, the District has agreed to acquire House A and House B, as shown on the Site Plan, this year. However, the District will not be acquiring the remainder of the property from the Fridley Assembly of God until October of 1987 . In that most of the property will not be acquired by the District for more than a year, it is not possible for the District at this time to state what portions of the build- ings will be used for clinic and what portions will be used for day care purposes. Therefore, the District understands that the permit may stipulate that there be provided on the property sufficient parking to comply with the City ordinance depending upon the use being made . For example, we understand that one parking space is required for each 150 square feet of floor space devoted to clinic use. If the entire church building ( 30, 676 square feet) were to be used for this purpose, 8DD DoRSEY & WHITNEY City of Fridley Page Two September 3, 1986 205 spaces would need to be provided; meaning that 15 spaces would have to be added. Furthermore, if the property is used in part for day care purposes, an amount of square footage per child sufficient to comply with the City ordinance would be provided. Ver iru ours, De nis Buratti DB:jm BY MESSENGER cc : Betty Wail � M 8EE CITY OF FRIILEY MEMORANDUM TO: Jim Robinson, Planning Coordinator FROM: Leon Madsen, City Assessor SUBJECT: Taxable status of proposed SP-86-15 DATE: September 15, 1986 Consideration should be given to the taxability of this project. The hospital building and it's immediate land site are tax-exempt. The Convalescent Home is also tax-exempt because it is operated by Unity Hospital. Me Unity Medical Clinic building, and it's immediate lana site is taxable because it is merely owned by Unity but is used by doctors for their private practice. It is also in direct competition with Fridley Medical Clinic, across from Unity, which is a totally private and taxable facility. It would appear, frau rough drawings, that this proposed addition to the Unity complex should be taxable if the tenants of the facility are not directly related to the Unity Hospital operation. I think this topic should be thoroughly discussed, in the commission stages, so there is a clear understanding of intent. 73 y3 r zs wet r sal 7Z f � CPL/e-7f C��a`a-2 m I t Vol � � �� 3 id PLANNING DIVISION MEMORANDUM cITYOF FW DLDr MEMO TO: JOCK ROBERTSON, COMMUNITY DEVELOPMENT DIRECTOR NASIM QURFSHI, CITY MANAGER MEMO FROM: JIM RCB IN SCN, PLANNING COOMINATOR MEMO DATE: MAY 15, 1987 REGARDING: TRANSITIONAL HDUSING PROPOSAL AT 400 & 401 5th ST. NE. On April 14, 1987, I met with Steve Klein f rom Anoka County Community Action Program. Mr. Klein is interested in converting two single-family hones at 400 & 401 5th St. NE. into transitional living facilities. Transitional housing, as defined by Mr. Klein, includes temporary living facilities for individuals and far-,flies in need of short term, inexpensive housing due to a variety of life situations. Some of the situations may include marital difficulties, economic stress, a mwe from farms to an urban society, or a transitional move from a full time care facility such as those associated with chemical dependancy, mental health or battered woman's shelters. The facility would be managed by a group called E.L.A.M. who would handle the case management and client screening for the two facilities. ACCAP would purchase the structures but not the underlying property from the North Suburban Hospital District, who is in the process of purchasing both the two houses in question, and the adjacent Fridley Assembly of God Church. The Fridley zoning code allows for up to 5 unrelated people to be included in the definition of a single family home. This provision could technically allow for significantly more persons by way of a fanily with children being classified as one individual. Building occupancy codes would also affect the number of people allowed. On October 6, 1986, the Fridley City Council approved a request for a Special Use Permit (S.P.#86-15) by the North Suburban Hospital District to allow a day- care facility, a clinic and off-street parking on both the church property and the two houses in question. Stipulation #12 of the Council motion, stated that "the two single family hones to the west of the church are included in the S.P. #86-15 for future parking only. These houses may be leased as single- family residences until such time as the City determines need for additional parking for clinic/day-care usage." The present church facility is capable of providing 185 of the 207 stalls required for the clinic and day-care uses proposed under the special use permit. The 22 stall deficit was to be met by utilizing the two single-family properties in question. (See attached plan) T Page 2 The two issues at hand, which the Council should address, include: 1) Are the proposed transitional housing facilities consistant with the Fridley ordinance as allowed single-family uses? 2) Does the S.P. #86-15 preclude the use of these properties for activities other than their lease as single-family home sites? Based upon the Council's determination, it would appear that three possibilities are evident: 1) Allow the project to proceed by issuing the necessary building permits and provide, as a stipulation of the permits, that at least one of the houses would be relocated, should the need arise to provide additional parking for the reuse of the church facilities. 2) Call for a review of S.P. #85-15 to determine on the public record, the iniplications of the amendment to the provisions of said special use permit. 3) Call for a separate special use permit for the transitional housing project under Section 205.07.1.C.7 which is the R-1 category for hospitals, clinics, nursing homes, convelescent homes and homes for the elderly. Apparently the timing of the project would allow for the transitional housing facilities to be operating for approximately 18 months prior to full occupancy of the church facility. In the event that the church reuse requires additional parking, Mr. Klein has said that he feels the houses could be moved to another location. Please advise as to the Council's desires, so that I may pass this information on to the petitioner. t CITY OF FRI DLEY CIVIC CE-.NTE--.R 0.431 UNIVERSITY AVE. N.E. FRIUE_EY. MINNE-SOTA 55432 PHONE(612)571-3450 North Suburban Hospital District October 7, 1986 Dennis Buratti 2200 First Bank Place East CITY COUNCIL Minneapolis, ILL 55402 ACTION TAS NO'T'ICE On Cctober 6, 1986, the Fridley City Council officially approved your request for a special use permit, SP #86-15, to allay a daycare facility, an automobile Viking lot for off-street parking spaces and a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the West line of said Trot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12, all in Block 1, Osborne Manor 2nd Addition, the same being 472 Osborne Road N.E. , together with Lot 6, Block 1, Osborne Manor 2nd Addition, the same being 400 Osborne Road N.E. , together with Lot 7, Block 1, Osborne Manor 2nd Addition together with adjoining vacated 76th Avenue N.E. the same being 401 - 76th Avenue N.E. with the following stipulations: 1. Provide hardsurface setback of 20 feet from Osborne right-of-way by 6/30/88. 2. Provide landscaping plan to include bermi.ng and plantings to screen hardsurface areas, existing and proposed. Install approved plan by 6/30/88. 3. Provide automatic lawn sprinkling for all green areas by 6/30/88. 4. Provide a fenced tot lot area, approximately 20' x 301 , with City approved tot lot equipment, prior to day care start up, 5. Pathway to be installed from day care to tot lot prior to day care start up. 6. Provide concrete curb and gutter for hardsurface areas and driveways including five feet setback from building by 6/30/88. 7. Sealcoat and restripe parking lot and provide required handicapped stalls by 6/30/88. 8. Provide one-way directional signage where needed by 6/30/88. 9. Provide an approved dunpster enclosure by 6/30/88. 10. Remove trailers from property east of church by 10/31/87. 11. Provide a drainage plan for approval prior to parking lot work. North Suburban Hospital District October 7, 1986 Page 2 12. Two single family homes to the west of the church are included in Special Use Permit #86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/day care use. 13. Tax parcels to be combined into one lot upon acquisition to one ownership. (Added 10/2/86) . if you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, (� t L. Robinson Pning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department.by October 21, 1986. � J Hi - Concur WJ�& action taken, cc: Betty J. Wall Tom Gambucci • SP #86-15 8 A A • North Suburban Hospital District t\12fON J ---------- i All1 1 pp 10 � Jn I h � Ce C, J to ia -------------- T� •---------------- ] -1�-11rs n � --- _------- PLANNING DIVISION MEMORANDUM _F CI YOF FMDLEY MEMO 40: Jock Robertson, Community Development Director L, _ - Nasim Qureshi, City Manager NEW FROM: Jim Robinson, Planning Coordinator OF.-. WMD DATE: May 27, 1987 REGARDING: Transitional Housing Proposal at 400 and 401 - 5th Street N.E. In order to provide the City Council with more detailed information on the above referenced transitional housing project, staff has arranged to have Mr. Steve Klein from the Anoka County Community Action Program (ACCAP) and a representative from Elim Transitional Housing address the Council at their June 1, 1987 meeting. It is hoped that after a more thorough ventilation of the project Council would prescribe the appropriate processing procedures. The following material includes pertinent background information and a letter of intent from ACCA.P. BACKGRDM On April 14, 1987 I met with Steve Klein from Anoka County Community Action Program. Mr. Klein is interested in converting two single-family homes at 400 and 401 - 5th Street N. E. into transitional living facilities. Transitional housing, as defined by Mr. Klein, includes temporary living facilities for individuals and families in need of short term, inexpensive housing due to a variety of life situations. Some of the situations may include marital difficulties, economic stress, a move from farms to an urban society, or a transitional move from a full time care facility such as those associated with chemical dependency, mental health or battered woman's shelters. The primary focus would be on "non-program specific" people with family units given priority. ACCAP would sub-contract management to a group called Elim Transitional Housing Incorporated, who would handle the case management and client screening for the two facilities. ACCAP would obtain control of the structures but not the underlying property from the North Suburban Hospital District (NSHD) who is in the process of purchasing both the two houses in question, and the adjacent Fridley Assembly of God church. A proposed management agreement would allow ACCAP to remove the structures for relocation should the NSHD require the space for parking. Tne Fridley zoning code allows for up to five unrelated people to be included in the definition of a single family home. This provision could technically allow for significantly more persons by way of a family with children being classified as one individual. Building occupancy codes would also affect the number of people allowed. Functionally, Mr. Klein feels that six total people per house would be a maximum occupany load. Jock Robertson Nasim Qureshi May 27, 1987 Page 2 ti On October 6, 1986, the Fridley City Council approved a request for a special use permit, SP #86-15, by the North Suburban Hospital District to allow a daycare facility, a clinic and off-street parking on both the church property and the two houses in question. Stipulation #12 of the Council motion stated that "the two single family homes to the west of the church are included in the SP #86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines need for additional parking for clinic/day care usage." The present church facility is capable of providing 185 of the 207 stalls required for the clinic and day care uses proposed under the special use permit. The 22 stall deficit was to be met by utilizing the two single family properties in question (see attached plan) . The two issues at hand, which the Council should address, include: 1. Are the proposed transitional housing facilities consistent with the Fridley ordinance as allowed single family uses. 2. Does the SP #86-15 preclude the use of these properties for activities other than their lease as single family home sites. Based upon the Council ' s determination, it would appear that three possibilities are evident: 1. Allow the project to proceed by issuing the necessary building permits and provide, as a stipulation of the permits, that at least one of the houses would be relocated, should the need arise to provide additional parking for the reuse of the church facilities. 2. Call for a review of SP #86-15 to determine on the public record, the implications of the amendment to the provisions of said special use permit. 3. Call for a separate special use permit for the transitional housing project under Section 205.07.1.C.7 which is the R-1 category for hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. Apparently the timing of the project would allow for the transitional housing facilities to the operating for approximately 18 months prior to full occupancy of the church facility. In the event that the church reuse requires additional parking, Mr. Klein has said that he feels the houses could be moved to another location. JLR/dm M-87-122 10 0 DOBSEY & WHITNEY A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 350 PARK AVENUE 2200 FIRST BANK PLACE EAST 1200 FIRST INTERSTATE CENTER NEW YORK,NEW YORK 10022 MINNEAPOLIS, MINNESOTA 55402 401 NORTH 31-STREET (212)415-9200 (612)340-2600 P.0.BOX 7188 3 GRACECHURCH STREET BILLINGS,MONTANA 59103 LONDON EC3V OAT,ENGLAND TELEX 29-0605 (406)252-3800 01-929-3334 TELECOPIER (612)340-2868 201 DAVIDSON BUILDING 36,RUE TRONCHET 8 THIRD STREET NORTH 75009 PARIS,FRANCE 01-42-66-59-49 GREAT FALLMONTANA 59401 (406))727-3632 340 FIRST NATIONAL BANK BUILDING DENNIS BURATTI P.0.BOX 848 (612) 3402920 127 EAST FRONT STREET ROCHESTER,MINNESOTA 55903 MISSOULA,MONTANA 59802 (507)288-3156 (406)721-6025 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET 315 FIRST NATIONAL BANK BUILDING ST.PAUL,MINNESOTA 55101 March 14 1988 WAY ZATA,MINNESOTA 55391 (612)227-8017 (612)475-0373 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attention : James L. Robinson Planning Coordinator Re : North Suburban Hospital District, Special Use Permit #86-15 Dear Mr. Robinson : On October 6, 1986, the Fridley City Council granted to our client, North Suburban Hospital District, Special Use Permit #86-15 pertaining to the property located at the Southeast corner of the intersection of Osborne Road N.E. and Fifth Street N.E. Most of this property is to be acquired by the District from the Fridley Assembly of God Church. It was originally contemplated that this acquisition would be finalized in October of 1987 . However, due to delays in construction of the new Church facility, the closing will not occur until approximately June lst of this year . The Special Use Permit contains 13 stipulations, several of which require that improvements be made to the property by June 30, 1988. In that the District will not become the owner of the property until approximately June 1, 1988, it respectfully requests that its Special Use Permit be modified to extend the completion date for the improvements described in stipulations 1, 2, 3, 6, 7, 8 and 9 therein from June 30, 1988 to September 30, 1988. • 10A lip DoI3sEY & WHITNEY City of Fridley Page Two March 14, 1988 I would appreciate it if you would advise me of the procedural steps required for approval of this modification. Thank you for your consideration. Ver truly yours, Dennis Buratti DB:jm cc : Betty Wall Sandee Sundem 1 � x CITYOF FRIDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 May 17, 1988 Dorsey & Whitney Dennis Buratti 2200 First Bank Place East Minneapolis, MN 55402 Dear Mr. Buratti: I am in receipt of your letter of May 12, 1988 where you indicated that the North Suburban Hospital District may be interested in using the facilities at 472 Osborne Road for additional uses other than those permitted under your special use permit, SP #86-15. At this point it is difficult to tell whether or not this would create any problems in terms of functional use of the site. Recall that when we processed the original special use permit we had a specific designation of square footage for both the clinic and day care space. Specific designations are necessary in order to determine whether or not the parking supply will be adequate for the proposed use. Although we would be happy to process a new special use permit for you at this time, it will again be necesary to designate specific use areas for school and/or recreational purposes including square footages and number of students, where applicable. Enclosed please find a new special use permit application. I would recommend that a person(s) involved in the building/planning process contact me to discuss the proposed changes to the building. I hope this clarifies our position. I would be happy to work with you or some other representative of the hospital district. Please please feel free to call me at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dn cc: Betty Wall C-88-187 • • DOI?SEY & WHITNEY A P.-......P INCLUDING P80FCSSIONAL CORPORATIONS 350 PARE AVENUE 2200 FIRST BANK PLACE EAST 1200 FIRST INTERSTATE CENTER NEW YORK,NEW YORK 10022 MINNEAPOLIS, MINNESOTA 55402 401 NORTH 31-STREET (212)415-9200 P.O.BOX 7188 (612)340-2600 3 GRACECHURCH STREET BILLING ,MONTANA6)252- 800 59103 LONDON EC3V OAT,ENGLAND TELEX 29-0605 (406)252-0800 01-929-3334 TELECOPIER (612)340-2868 201 DAVIDSON BUILDING 36,RUE TRONCHET 8 THIRD STREET NORTH 75009 PARIS,FRANCE GREAT FALLS,MONTANA 59401 01-42-66-59-49 (406)727-3632 340 FIRST NATIONAL BANK BUILDING DENNIS BURATTI P.O.BOX 848 (612) 340-2920 127 EAST FRONT STREET ROCHESTER,MINNESOTA 55903 MISSOULA,MONTANA 59802 (507)288-3156 (406)721-6025 510 NORTH CENTRAL LIFE TOWER 315 FIRST NATIONAL BANK BUILDING 445 MINNESOTA STREET ST.PAUL,MINNESOTA 55101 WAYZATA,MINNESOTA 55391 (612)227-8017 May 12, 1988 (612)475-0373 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attention: James L. Robinson Planning Coordinator Re : North Suburban Hospital District Special Use Permit #86-15 472 Osborne Road Dear Mr. Robinson: Special Use Permit #86-15 issued to our client, North Suburban Hospital District, allows the subject property to be used for clinic and daycare purposes . However, the State Legislature recently authorized the District to use the property for other social service programs . While the District does not as yet have firm plans for use of the facility, it would request authorization from the City to also use it for school and recreational purposes, which appear to be permitted uses under the Zoning Code with a special use permit. I imagine that this will require a separate new special use permit and, unless you feel that these additional uses could be authorized by an amendment to the existing permit, I would ask that you send me an application form. Thank you. Very rt�yours! Dennis Buratti DB:jm cc : Betty Wall D013SEY & WHITNEY A PAH1 -HIP INCLUD/NO PBOFESSWNAL C..PoH IONS 350 PARE AVENUE 2200 FIRST BANK PLACE EAST 1200 FIRST INTERSTATE CENTER NEW YORK.NEW YORK 10022 MINNEAPOLIS, MINNESOTA 55402 401 NORTH 311T STREET (212)415-9200 (612)340-2600 P.O.BOX 7188 3 GRACECHURCH STREET BILLINGS, ANA 5910-3 TELEX LONDON EC3V OAT,ENGLAND F.X 290605 (406)252-3800 01-929-3334 TFLECOPIER (612):340-2868 201 DAVIDSON BUILDING 36,RUE TRONCHET 8 THIRD STREET NORTH 73009 PARIS,FRANCE GREAT FALLS,MONTANA 59401 01-42-66-59-49 (406)727-3632 340 FIRST NATIONAL BANE BUILDING DENNIS BURATTI P.0.BOX 848 (612) 340-2920 127 EAST FRONT STREET ROCHESTER,MINNESOTA 55903 MISSOULA,MONTANA 69802 (507)288-3156 (406)721-6025 510 NORTH CENTRAL LIFE TOWER 315 FIRST NATIONAL BANK BUILDING 445 MINNESOTA STREET ST.PAUL,MINNESOTA 55101 WAYZATA,MINNESOTA 55391 (612)227-8017 May 18, 1988 (612)475-0373 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attention: James L. Robinson Planning Coordinator Re : North Suburban Hospital District 472 Osborne Road Property Dear Mr. Robinson: Thank you for your letter of May 17 in response to mine dated May 12 . However, I am confused about your statement that specific square footage designations for the building must be made in connection with the special use permit. I had interpreted our client ' s existing special use permit, #86-15, and specifically stipulation 12 thereof, to mean that it must at all times provide parking in accordance with City ordinances for the clinic and daycare uses being made of the building. Could not the contemplated additional special use permit be so conditioned? Perhaps you could call me and discuss this after you have had a chance to consider the matter. Thank you. Ver tru yours, t l Dennis Buratti DB:jm cc : Betty Wall 9A DOBSEY & WHITNEY A PARTNERSHIP INCLUDING P-ESSIONAL CORPORATIONS 350 PARK AVENUE 2200 FIRST BANK PLACE EAST 1200 FIRST INTERSTATE CENTER NEW YORK,NEW YORK 10022 MINNEAPOLIS, MINNESOTA 55402 401 NORTH 31sT STREET (212)415-9200 P.0.BOX 7188 �612�340-2600 3 GRACECHURCH STREET BILLINGS,MONTANA 59103 LONDON EC3V OAT,ENGLAND TELEX 29-0605 (406)252-3800 01-929-3334 TELECOPIER(612)340-2868 201 DAVIDSON BUILDING 36,RUE TRONCHET 8 THIRD STREET NORTH 75009 PARIS,FRANCE OI-42-66-59-49 GREAT FALLS,MONTANA 59401 DENNIS BURATTI (406)727-3632 040 FIRST NATIONAL BANK BUILDING P.0.BOX 848 (612) 340-2920 127 EAST FRONT STREET ROCHESTER,MINNESOTA 55903 MISSOULA,MONTANA 59802 (507)288-3156 (406)721-6025 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET 315 FIRST NATIONAL BANK BUILDING ST.PAUL,MINNESOTA 55101 WAYZATA,MINNE SOTA 55391 (612)227-8017 August 12, 1988 (612)475-0373 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Kathy Castle Planning Department Re : Special Use Permit #86-15 North Suburban Hospital District 472 Osborne Road Property Dear Ms . Castle : On October 6, 1986, the Fridley City Council granted to our client, North Suburban Hospital District (the "District" ) , Special Use Permit #86-15 pertaining to the property located at the Southeast corner of the intersection of Osborne Road and Fifth Street N.E. , allowing it to be used for clinic, daycare and parking purposes . The Special Use Permit imposed various stipulations, several of which required that exterior improve- ments be made to the property by June 30, 1988. Due to delays in acquiring the property, the District requested, and on March 29, 1988 the City Council agreed, to extend the date by which these improvements are required to be completed to September 30, 1988. As of this date, the District has not determined whether it will be able to proceed with the substantial renova- tions and improvements to the "church building" on the property which it has discovered will be necessary in order to make it useable. The District has, therefore, asked that we request the City Council to again extend the date by which the improvements required by Special Use Permit #86-15 are required to be completed to September 30, 1989, or such earlier date as the church building may first be used or occupied for the permitted uses . ` 9B DoBSEY & WHITNEY City of Fridley Page Two August 12, 1988 Please advise me when this request will be considered by the City Council . Thank you. Very ruly yours, Dennis Buratti DB:jm cc : Betty Wall (JAO-W *PLANNING DIVI&N MEMORANDUM CITYOF FPJDLEY TD: Jock Robertson, Carmunity Development Director FRDM: Kathlyn Castle, Planning Assistant DATE: September 7, 1988 FMAFDDC: Special Use Permit, SP #86-15, North Suburban Hospital I have reviewed the above referenced property for compliance to the stipulations attached to Special Use Permit, SP #86-15. This permit allows North Suburban Hospital to operate a clinic, daycare and automobile parking in an R-1, Single Family Dwelling Unit, District. The City Council extended the expiration date of this permit to September 30, 1988 because the hospital could not close on the property until June 1, 1988. The completion dates of all outside improvements were also extended to September 31, 1988. Since the Council meeting, correspondence has been received regarding the use of this permit. North Suburban Hospital is questioning whether or not the property could be used for a school and/or recreation activities. This of course would require the issuance of another Special Use Permit. This past week, I talked with Dennis Burrati, North Suburban Hospital ' s representative about the use of the Permit. Mr. Burrati stated that the Hospital decided to request the City Council to extend the Special Use Permit to September 30, 1989. KC/dn Nf-88-218 CI"IYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 September 19, 1988 North Suburban Hospital District c/o Dennis Buratti Dorsey and Whitney 2200 First Bank Place East Minneapolis, MN 55402 On September 12, 1988 the Fridley City Council officially approved your request for an extension of a special use permit, SP #86-15, to allow a daycare facility; to allow an automobile parking lot for off-street parking spaces; to allow hospitals, clinics, nursing homes, convalescent homes and homes for the elderly, to extend the completion date of stipulations to September 30, 1989, with the following stipulations: 1 . None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si rely, J n L. obe tson ommunity Development Director JLR/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1988. Concur with action taken CITY OF FRIDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 November 1, 1989 i North Suburban Hospital District Dennis Buratti Dorsey and Whitney 2200 First Bank Place, Minneapolis, MN 55402 Dear Mr. Buratti: The City Council has inquired as to the status of the Hospital District's plan for the property at Osborne Road and 5th Street. Special Use Permit, SP #86-15, to allow a daycare facility, an off- street parking area, hospitals, clinics, nursing homes, convalescent homes and homes for the elderly, expired as of September 30, 1989. If you wish to pursue the uses that were originally authorized in 1986, a new special use permit application will have to be filed. Please contact me at your earliest convenience regarding the use of the property. If you have any questions, please feel free to contact me. Sincerely, ✓Barbara Dacy Planning Coordinator BD/dn cc: William Burns C-89-685 f DOBSEY & WHITNEY A PARTNERSHIP 1NCL-..P.-......-CORPORATIONS 350 PARK AVENUE 2200 FIRST BANK PLACE EAST 340 FIRST NATIONAL BANE BUILDINO NEW YORK,NEW YORK 10022 MINNEAPOLIS MINNESOTA 55402 ROCHESTER,MINNESOTA 55903 (212)415-9200 > (507)288-3166 1330 CONNECTICUT AVENUE,N.W. (612) 340-2600 317, FIRST NATIONAL BANK BUILDING WASHINGTON,D.C.20036 TELEX 29-0605 WAYZATA,MINNESOTA 55391 (202)857-0700 FAX(612)340-2868 (612)475-0373 3 GRACECHURCH STREET 1200 FIRST INTERSTATE CENTER LONDON EC3V OAT,ENGLAND - BILLINGS,MONTANA 59103 01-929-3334 (406)252-.3800 36,RUE TRONCHET 201 DAVIDSON BUILDING 75009 PARIS,FRANCE GREAT FALLS,MONTANA 59401 01-42-66-59-49 DENNIS BURATTI (406)727-3632 FAR EAST FINANCE CENTER (612) 3402920 127 EAST FRONT STREET HONG KONG MISSOULA,MONTANA 59802 852-5-8612555 (406)721-6025 November 2 , 1989 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attn: Barbara Dacy Planning Coordinator Dear Ms . Dacy: Responding to your letter to me dated November 1. concerning the above matter, the North Suburban Hospital District was forced to abandon its plans for the subject property as contemplated by the Special Use Permit. We recognize that Special Use Permit #86-15 has now lapsed, and that it is likely that a new permit will have to be applied for should the District develop new plans for the development of the property. Of course, don 't hesitate to contact me should you have any questions concerning this matter. Very truly yours, T Dennis Buratti DB/mjy cc (w/encl . ) : Rosemary Goff Ak ® COMNSSION APPLICATION REVIEW Department Number pile Date Meeting Date C11YOF Planning 59 9/3/86 9/24/86 MDLEY File Address/Description SP #86-15 COMPLETE REVIEW CHECKLIST North Suburban Hospital District Daycare, parking and clinic RETURN TO PLANNING BDARYL COMMENTS —DEBBIE ►�lV L v. AO tn R z0 {-�nk �c tS JIM . + - z �V: _v 9 F ------ — EIETH SSRI----------------------------- 4 a ,1 W i Oa 0 z. 11 I C Z C� Ir V' U�1 A I ' A� �• p r i ca L 1 I 1 rn j I of NORTN TagsTQ T2gTdsoH uegingns g4-TON �I d ST-98# as i/ / j . OiiO��►i0i�rs ALL / ♦� 7 � �� . ♦�� .� tet, •. North Suburban* Hospital District CITY • c' ,��►•^�^if��0� • /`i;i I �• �� , . . , iii oasiomegas s MUM ■■■■■■■.■■■■■■■■. I.■■■■■■■■......■ .11 , ■■■i■iG■■iii■ ■■■ ■ _ ■■■)�■■■■■11■■■■■■■ -�, t■■■■■■ � � 221 On an on 91 1 18 so on Is an a MUM smogs ,11-19.111 Oil �1 uuu. .. � 11'11'1,1' � ��, ,. �� •� ' ' /�Illi• Ot I AP �Ilrlll OFAI OWNER MMEM • �� . . r �� ► � � . I P r► a�' ll�. ,q lot iv so r• r . C •f r , f + . r " e .a r t r , i p F a - c, � � +" � `` �i?td,F.F` t. +: 7r +a �'' *"r :e a �• ��F n r I �� it •1 �.. ° � � ' `�: " I u it., Jam!. � ,h.e..; .• � �a�� Y��?� � � � � � a i r PLANNING COMLf[SSION MEETING, SEPTEMBER 24, 1986 PAGE 7 Mr. Betzold felt the stipulation recommended by staff would provide for monitoring the parking and questioned if there was a need to review the special use permit at some future date. Ms. Sherek felt if someone wasn't complying with the special use permit, staff would bring the matter before the-Commission. MOTION BY M. SABA, SECONDED BY MS. SHERE , TO CLOSE THE PUBLIC HEARING, UPON A VOICE VOTE, ALL VOTING AYE, IR PERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND T PUBLIC HEARING CLOSED AT 8:30 p.m. MOTION BY MR. SVANDA, SECOND BY MR. BETZOLD, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF S CIAL USE PERMIT, SP #86-14, WITH THE FOLLOWING STIPULATION: 1. Developer to pro ide the City with tenant information prior to each occupanc of building. This information is to include the intended us , number of employees and gross square footage of each type of us ge e.g. office, warehouse, manufacturing. City approval of any p oposed tenant is contingent upon sufficient parking supply. UPON A V CE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION IED UNANIMOUSLY. Chairperson Billings stated this item would go to the City Council on 0 ober 6, 1986. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #86-15, BY NORTH SUBURBAN HOSPITAL DISTRICT: Per Section 205.07 .1, C,2 of the Fridley City Code, to allow a day care facility; per Section 205.07 . 1, C,5 of the Fridley City Code, to allow automobile parking lots for off-street parking spaces ; and per Section 205.07 . 1, C,6 of the Fridley City Code, to allow a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the West line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12, all in Block 1, Osborne Manor 2nd Addition, the same being 472 Osborne Road N.E. , together with Lot 6, Block 1, Osborne Manor 2nd Addition, the same being 400 Osborne Road N.E. together with Lot 7 , Block 1, Osborne Manor 2nd Addition, together with adjoining vacated 76th Avenue N.E. , the same being 401 76th Avenue N.E. MOTION BY MS. SHEREK, SECONDED BY MR. SABA, TO WAIVE THE READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE Fl}BLIC HEARING OPENED AT 8:33 p.m. ! 0 PLANNING COMMISSION MEETING, SEPTEMBER 24, 1986 PAGE 8 Mr. Robinson stated this special use permit involves the Fridley Assembly of God Church and two single family homes located east of University and south of Osborne Road. He stated the special use permit is to allow a daycare facility, and a clinic to be located in the existing church building and automobile parking on the two adjacent single family lots. Mr. Robinson stated the square footage for the clinic is 25,844 and the area designated for the daycare facility on the northeast side of the building has 3,456 square feet. He stated the daycare facility could accommodate up to 98 children as per the States Human Service Department requirements. Mr. Robinson stated they are required to provide 207 parking stalls and will immediately provide 185 with an option to install an additional 81 spaces in the area of the single family homes, if needed. Mr. Robinson stated staff is recommending approval of this special use permit with the following stipulations : (1) a hardsurface set- back of 20 feet be provided from the Osborne right-of-way by June 30, 1988; (2) a landscaping plan be provided to include berming and plant- ings to screen hardsurface areas, existing and proposed, and install approved plan by June 30, 1988; (3) an automatic lawn sprinkling system be provided for all green areas by June 30, 1988; (4) a fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting; (5) pathway to be installed from daycare to tot lot prior to daycare starting; (6) concrete curb and gutter be provided for hard surface areas and driveways, including a five foot setback from building by June 30, 1988; (7) sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988; (8) provide one-way directional signage where needed by June 30, 1988; (9) provide an approved dumpster enclosure by June 30, 1988; (10) remove trailers from property east of church by October 31, 1986; (11) provide a drainage plan for approval prior to parking lot work; (12) two single family homes to the west of the church are included in Special Use Permit #86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use; (13) resolve taxable status of property with City and County Assessor prior to City Council approval; and (14) provide a performance bond to cover improvements including future parking in the amount of $20,000 prior to closing on church property. Mr. Buratti, representing the North Suburban Hospital District, stated he didn't believe the trailers could be removed by October 31 as they are being used for Sunday school classes. Mr. Billings thought this stipulation should be changed so that the trailers are removed from the property east of the church at such time that the church vacates the property. • � 9K PLANNING COMMISSION MEETING, SEPTEMBER 24. 1986 PAGE 8 Mr. Robinson stated this special use permit involves the Fridley Assembly of God Church and two single family homes located east of University and south of Osborne Road. He stated the special use permit is to allow a daycare facility, and a clinic to be located in the existing church building and automobile parking on the two adjacent single family lots. Mr. Robinson stated the square footage for the clinic is 25,844 and the area designated for the daycare facility on the northeast side of the building has 3,456 square feet. He stated the daycare facility could accommodate up to 98 children as per the States Human Service Department requirements. Mr. Robinson stated they are required to provide 207 parking stalls and will immediately provide 185 with an option to install an additional 81 spaces in the area of the single family homes, if needed. Mr. Robinson stated staff is recommending approval of this special use permit with the following stipulations : (1) a hardsurface set- back of 20 feet be provided from the Osborne right-of-way by June 30, 1988; (2) a landscaping plan be provided to include berming and plant- ings to screen hardsurface areas, existing and proposed, and install approved plan by June 30, 1988; (3) an automatic lawn sprinkling system be provided for all green areas by June 30, 1988; (4) a fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting; (5) pathway to be installed from daycare to tot lot prior to daycare starting; (6) concrete curb and gutter be provided for hard surface areas and driveways , including a five foot setback from building by June 30, 1988; (7) sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988; (8) provide one-way directional signage where needed by June 30, 1988; (9) provide an approved dumpster enclosure by June 30, 1988; (10) remove trailers from property east of church by October 31, 1986; (11) provide a drainage plan for approval prior to parking lot work; (12) two single family homes to the west of the church are included in Special Use Permit #86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use; (13) resolve taxable status of property with City and County Assessor prior to City Council approval ; and (14) provide a performance bond to cover improvements including future parking in the amount of $20,000 prior to closing on church property. Mr. Buratti, representing the North Suburban Hospital District, stated he didn't believe the trailers could be removed by October 31 as they are being used for Sunday school classes. Mr. Billings thought this stipulation should be changed so that the trailers are removed from the property east of the church at such time that the church vacates the property. PLANNING COMMISSION MEETING, SEPTEMBER 24, 1986 PAGE 9 Mr. Robinson called the Commission's attention to a memo from the City Assessor concerning the tax status of this project. Mr. Buratti stated they are aware it is likely the property will become taxable. Ms. Sherek stated she understands the property becomes taxable at the time the use converts. She felt the purpose of the memo was to make sure the petitioner was aware no plans were made on the assumption that the property would be non-taxable. MOTION BY MR. SVANDA, SECONDED BY MS. SHEREK TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:40 p.m. Mr. Billings questioned what action should be taken in regard to stipulation #13 pertaining to the taxable status of the property. Ms. Sherek stated she didn't feel this stipulation was needed as long as the petitioner is aware the property more than likely wouldn't be tax exempt. Mr . Buratti stated it isn't possible to resolve this issue at this time. Mr . Betzold felt the use of the word "resolve" may be wrong and felt the Assessor wanted the petitioner to understand this issue. He felt the petitioner should contact the City Assessor to discuss this matter. Mr. Buratti stated he would contact the City Assessor and give their views on how they perceive this situation. Mr. Betzold felt this stipulation could be eliminated as long as the petitioner understands he is to meet with the City Assessor and, after this meeting, if any questions are rasied, they could be passed along to the City Council for their meeting. MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP #86-15, WITH THE FOLLOWING STIPULATIONS : 1. A hardsurface setback of 20 feet be provided from the Osborne Road right-of-way by June 30, 1988. 2. A landscaping plan be provided to include berming and plantings to screen hardsurface areas, existing and proposed, and install approved plan by June 30, 1988. 0 PLANNING COMMISSION MEETING, SEPTEMBER 24, 1986 PAGE 10 3. An automatic lawn sprinkling system be provided for all green areas by June 30, 1988. 4. A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting. 5. Pathway to be installed from daycare to tot lot prior to day- care starting. 6. Concrete curb and gutter be provided for hardsurface areas and driveways, including a five foot setback from building by June 30, 1988. 7 . Sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988. 8. Provide one-way directional signage where needed by June 30, 1988. 9. Provide an approved dumpster enclosure by June 30, 1988. 10. Remove trailers from property east of church at such time that the church vacates the property. 11. Provide a drainage plan for approval prior to parking lot work. 12. Two single family homes to the west of the church are included in this special use permit for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use. 13. Provide a performance bond to cover improvements including future parking in the amount of $20,000 prior to closing on church property. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would go to the City Council on October 5, 1986. 5. CONSIDERATION OF A LOT SPLIT, L.S. #86-06, BY DONNA LIND: Split Lot 7, Block 2, Moore Lake Hills into two separate pare s. One being that part of Lot 7, Block 2, Moore Lake Hills 1 ' esterly of the following described line. Commencing at Nor est corner of said Lot 7, thence East along the Northerly lin said Lot 7 , a distance of 125 feet to the actual point of be ' ning; thence deflect to the right 90 degrees to its point of ' tersection with the Southerly line of said Lot 7 and there ter ' ating. The other being that part of Lot 7, Block 2, Moore La Hills lying Easterly of the following des- cribed line. Commen ' g at Northwest corner of said Lot 7, thence East along the N erly line of said Lot 7, a distance of 125 feet to the actua: po' t of beginning; thence deflect to the right 90 degrees to its po' of intersection with the Southerly line of said Lot 7 and ther erminating. • • 9M PLANNING COMMISSION MEETING, SEPTEMBER 24_, 1986 PAGE 10 3. An automatic lawn sprinkling system be provided for all green areas by June 30, 1988. 4. A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting. 5. Pathway to be installed from daycare to tot lot prior to day- care starting. 6. Concrete curb and gutter be provided for hardsurface areas and driveways, including a five foot setback from building by June 30, 1988. 7 . Sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988. 8. Provide one-way directional signage where needed by June 30, 1988. 9. Provide an approved dumpster enclosure by June 30, 1988. 10. Remove trailers from property east of church at such time that the church vacates the property. 11 . Provide a drainage plan for approval prior to parking lot work. 12. Two single family homes to the west of the church are included in this special use permit for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use. 13. Provide a performance bond to cover improvements including future parking in the amount of $20,000 prior to closing on church property. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would go to the City Council on October 5, 1986. 5. CONSIDERATION OF A LOT SPLIT, L.S. #86-06, BY DONNA LIND: Split Lot 7 , Block 2, Moore Lake Hills into two separate parcels. One being that part of -Lot 7 , Block 2, Moore Lake Hills 1 ' masterly of the following described line. Commencing at Nor est corner of said Lot 7, thence East along the Northerly lin said Lot 7 , a distance of 125 feet to the actual point of be ' ning; thence deflect to the right 90 degrees to its point of ' tersection with the Southerly line of said Lot 7 and there ter ' ating. The other being that part of Lot 7, Block 2, Moore La Hills lying Easterly of the following des- cribed line. Commen ' g at Northwest corner of said Lot 7, thence East along the N erly line of said Lot 7 , a distance of 125 feet to the actua' poi t of beginning; thence deflect to the right 90 degrees to its poi of intersection with the Southerly line of said Lot 7 and ther erminating. .9G COUNCIL MEETING OF OCTOBER 6. 1986 facilities. Mr. Flora stated the Planning Commission r ecommende d,"aippr oval of this special use permit with the stipulation that the developer provide the City with tenant information prior to each occupancy of the building so that the parking may be monitored to insure there is a sufficient number of spaces. He stated this is similar to what was done with the Winfield Development whose building was constructed as an office/warehouse facility. Councilman Goodspeed questioned the trading of' parking between Mr. Harris' property and spaces at the Qbmmunity Park. Mr. Harris petitioner,titioner, stated he ould be willing to enter into an agreement with the City for joint use � his parking and the City' s parking at the Community Park. Mr. Flora stated the staff' s co cern is there are a lot of daytime activities at the Commmunity Park nd if they have such an agreement with Mr. Harris, there may be a shortage of spaces available for the park. Councilman Barnette stated the reality is the park isn't used every day on a constant basis and when spe/ial Events are held, they are usually only for a short period of time. Mr. Harris stated he ho d the dacision not to enter into a joint parking venture is not based y on a few day's use of the park. Mr. Flora stated M Harris' building is at acent to the park and if all the space is leased or offices, it would be an increased use, and if no additional parki g were provided, it would be a problem. Mr. Harris st ed he wouldn't be able to rent space to someone who needed m/ntis rking an what he could provide so he felt some of these things are orr ing. by unilman Goodspeed to concur with the recommendation of the Commission and grant special use permit, SP #86-14, with the 'on that the developer provide the City with tenant information each occupancy of the building. Zhis information to include the d use, number of employees and gross square footage of each type of .g. office, warehouse, manufacturing. City approval of arry proposed is contingent upon sufficient parking supply. Seconded by Councilman ick. Upon a voice vote, all voting aye, Mayor Nee declared the carried unanimously. C. CONSIDERATION OF A SPECIAL USE FERMI SP #86-15. TO ALLOW A DAYCARE FACILITY• TO ALIM- AUTOMOBILE PARKING L(7TS FOR OFESTREET PARKING SPACES AND TO ALLO-K A CLINIC. GENERALLY INFO AT 472 QSBOPNE RQ�D N E . 400, OSBORNE ROAD N.E. -AND 401 76TH AVENUE N E . BY THE NORTH SUBURBAN HOSPITAL DISTRICT: -10- - ` • 1 COUNCIL MEETIAT OF OCTOBER 6, 1986 Mr. Flora, Public Works Director, stated the Council, in 1984 , approved a variance for property at 420 67th Avenue to reduce the side yard setback from 10 feet to 7 feet to allow an addition to this home. He stated the petitioner didn' t complete this contruction and is now requesting the Council re-approve this three foot variance in order to const"ct a ' three-season porch behind the garage. Mr. Flora stated the adoining property owner has submitted a letter that he has no objection to the variance. NDTION by Councilman Goodspeed to re-approve the variance to reduce the side yard setback frau 10 feet to 7 feet for the property at 420 67th Avenue to allow construction of a three-season porch. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVIM THE MINUrES OF THE PLANNIM COMISSION O/SEPTEVn3ER 24 , 1986; A. CONSIDERATION OF A SPECIAL USE PRMIT, SP #86-12, TO ALLOW A SECOND ACCESSORY BUILDI GENERALLX LOCATED ON LOT 6D, AUDITOR' S SUBDIVISION NO 21, THE SAME BEING 6620 LUCIA LANE N.E BY RICKY THRONDSON• Mr. Flora, Public Works Director, statod this is a request for a special use permit to allow a second accessory bwilding at 6620 Lucia Lane. He stated the property is zoned R-1 and is in a predominately residential area. He stated the petitioner proposes to construct a new garage approximatey 526 square feet to provide extra storage for vehicles, as well as a boat and trailer. Mr. Flora stated the Planning Commission recommended approval of this special use permit with four stipulations, which he outlined. NDTION by Councilman Sc4neider to concur with the recommendation of the Planning Commission end grant special use permit, SP #86-12, with the following stipulatidns: (1) A hard surface driveway be provided with construction of the Earage; (2) Tires and debris be removed from the side yard; (3) Boared ed to the side/rear yard or stored inside garage; and (4) Garage materials, siding and roofing are to match existing house. Seconded by Cn Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee cbee motion carried unanimously. B. OONS71DEpN OF A SPECIAL USE PERMIT, - E Ass6cinmp Win A PRINCIPAL USE, Y TID N pACQ INpLiSRIAL PARK, TIJE SAME BEING0 COMMERCE CIRCU Y DAVID HARRIS,*. Mr. rra, ublic works Director, stated this is a request for a special use perroperty located on the corner of Commerce Circle South and Cocle East to allow offices not associated with a principal use. He stated the property is zoned M-1 and the building constructed on the site i 21,040 square feet with 50 parking spaces provided. He stated one f the building would be used for offioes and the other half for warehouse -9- 9H ! 0 COUNCIL MEETING OF OCTOBER 6, 1986 Mr. Flora, Public Works Director, stated three items are connected with this request for a special use permit. He stated the permit is to allow a daycare facility; to allow parking lots for off-street parking spaces; and to allow a clinic. He stated the property involves the Fridley Assembly of God Church on Osborne Road, as well as two single family properties located off Osborne Road. He stated the North Suburban Hospital District is proposing to purchase the church and homes and convert the church into a clinic and daycare facility. Mr. Flora stated the code requires 207 parking stalls and 185 will be immediately provided with an option to install an additional 81 spaces in the area of the single family hones, as needed. Mr. Flora stated the Planning Commission recommended approval of this special use permit, with 13 stipulations, which he outlined from the minutes of the Planning Commission, pages 9 and 10. He stated staff would recommend another stipulation be added that the tax parcels be combined into one lot upon acquisition to one caner. Mr. Buratti, Attorney for North Suburban Hospital District, stated he talked to the City Assessor regarding the taxable status of the property. He stated whether the proprty becomes taxable depends on how it will eventually be used and the laws of the State. He stated if the property is used for medical and daycare purposes, it would be subject to real estate taxation. He stated if this whole plan was to be scrapped and the Hospital District made this part of the hospital complex, it would not be taxable. Mayor Nee stated the special use permit is for the day care and clinic and asked Mr. Buratti if he agreed this would be a taxable use. Mr. Buratti stated his opinion is it would be taxable. Mr. Herrick, City Attorney, stated it would be his opinion this would be a taxable piece of property, based on this request. He stated he didn' t have a strong opinion, one way or the other, if the Council wished to add this item to the stipulations. Mr. Buratti stated he would like to request the Council waive the stipulation for the bond. MJTION by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant special use permit, SP #86-15, with the following stipulations: (1) A hard surface setback of 20 feet be provided from the Osborne Road right-of-way by June 30, 1988; (2) A landscaping plan be provided to include berming and plantings to screen hard surface areas, existing and proposed, and install approved plan by June 30, 1988; (3) An automatic lawn sprinkling system be provided for all green areas by June 30, 1988; (4) A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting; (5) Pathway to be installed from day care to tot lot prior to daycare starting; (6) Concrete curb and gutter be provided for hard surface areas and driveways, including a five foot setback from building by June 30, 1988; (7) Sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988; (8) Provide one-way directional signage where needed by June 30, 1988; (9) Provide an approved dumpster enclosure by June 30, 1988; (10) Remove -11- a r COUNCIL MEETING OF OCTOBER 6. 1986_ trailers from property east of church at such time that the church vacates the property; (11) Provide a drainage plan for approval prior to parking lot work; (12) Two single family hones to the west of the church are included in this special use permit for future parking only. Zbese houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/day care use; and (13) Tax parcels be combined into one lot upon acquisition to one ownership. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDERATION OF A LAT SPLIT, L S #86-06, TO SPLIT LOT 7. BLOCK 2. MOORE LAKE HILLS INTO TWO SEPARATE PARCELS, GENE r.ry LOCATED AT 6876 WOODY LANE N E , BY DONNA /proval Mr. Flora, Public Works Director, stated this for a lot split for a parcel of property between Wood Lane an . He stated the petitioner is requesting to split this parcel rate lots. Mr. Flora stated the Planning Commission recommendof this request with four stipulations, which he outlined. Mr. Qureshi, City Manager, stated there was a/ em previously in this area and asked if the construction of a/new home would be affected. i Ms. Lind, the petitioner, stated the pr len was years ago and has been solved with the installation of a culve She stated they have no problem with standing water. NDTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split, L. S. #86-06, with the following stipulations: (1) New structur to meet City Code for front yard setback average, 61 feet plus or minus six feet; (2) Fence and shed to be relocated prior to recording; (3) Park ee of $750 required with building permit; and (4) Lot split to be recur d at County within six months of Council approval. Seconded by Co Gilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. E. N ERAT N V - TE PART OF STREET AND UTILITYL REVISED UD R' SUBDIVISION ACQUIRED 15, 1976 AND RDID AT pOCUM= NO./443624 , 13Y N NISLEY, NDTION lCoilman Fitzpatrick to set the public hearing on this vacation requestber 20, 1986. Seconded by Councilman Schneider. Upon a voice vvoting aye, Mayor Nee declared the motion carried unanimoF. MODIFICATION OF CITIZEN COMMISSION BY'ELIMINATIW,. MJ N by Councilman Schneider to concur with the recommendation of the Panning Commission and instruct staff to prepare and process the -12- 91 COUNCIL MEETING OF OCTOBER 6. 1986 trailers frau property east of church at such time that the church vacates the property; (11) Provide a drainage plan for approval prior to parking lot work; (12.) Two single family hcmes to the west of the church are included in this special use permit for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/day care use; and (13) Tax parcels be combined into one lot upon acquisition to one ownership. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDTION OF A LOT SPLIT. L S #86-06, TU SPLIT_1LOT 7, BLOCK 2, MOORE LAKE HILLS IM'o TWO SEPARATE111.11 SOC= AT 6875 WOODY LANE N E , BYQ2NI I,IND: Mr. Flora, Public Works Director, stated this is a regue t for a lot split for a parcel of property between Wooc} Lane and Old Ce ral. He stated the petitioner is requesting to split this parcel into separate lots. Mr. Flora stated the Planning Commission recommended a proval of this request with four stipulations, which he outlined. Mr. Qureshi, City Manager, stated there was a ainage problem previously in this area and asked if the construction of a have would be affected. Ms. Lind, the petitioner, stated the pr lem was years ago and has been solved with the installation of a calve She stated they have no problem with standing water. =ION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split, L. S. #86-06, with the following stipulations: (1) New structur to meet City Code for front yard setback average, 61 feet plus or minus six feet; (2) Fence and shed to be relocated prior to recording; (3) Park ee of $750 required with building permit; and (4) Lot split to be recor d at County within six months of Council approval. Seconded ty Co Gilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. E. CONSIDERATION OF VACATION, SAV TE PART OF STREET AND L LYING IN LOT 32, REVISED AUDITOR' S SUBDIYISION EASE .T ACOUIRED RT V 15. 1976 AND RECORDED T DOCLIM= No./443624 , By N NISLIa, SR* : MDTION by Co Gilman Fitzpatrick to set the public hearing on this vacation request for ober 20, 1986. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimous . F. X'T T-r%VT3A TT ON OF MODIFICATION OF CITIZEN COMMISSION STRUCI'UFtE EL ND N by Councilman Schneider to concur with the recommendation of the P anning Commission and instruct staff to prepare and process the -12- 9C FRIDLEY CITY (XJUNCIL MEETING OF MARCH 28, 1988 #87-11, TO VACATE THAT PART OF MCKINLEY STREET AS CATED IN THE PLAT OF ACORN HILLS ADDITION, TOGETHER WITH THE NO EXTENSION OF SAID MCKIN1= STREET TO THE SOUTH LINE OF THE PLAT OF OAKS, GENERALLY LOCATED AT 5980 STINSON BOULEVARD N.E., BY BRI UILDERS: Mr. Robertson, Catmunity bevel t Director, stated Mr. Costello wanted to make sure that this vacati s contingent upon final approval of the 17 lot Heather Oaks Plat and i therefore, a stipulation of the vacation. MOTION by Co man Schneider to waive the reading and approve the ordinance first reading, with the following stipulation: (1) final apprav of vacation contingent upon final approval of the 17 lot Heather Oa at. Seconded by Councilwoman Jorgenson. Upon a voice vote, all ing aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF A ODM?EHHENSIVE SIGN PLAN FOR 8251 MAIN_,qrREI?f N.E. : Mr. Robertson, Community Development Dire , stated Mr. Maertens has submitted a sign plan for his industri elopment at 8251 Main Street. He stated staff recamiends app as it is in compliance with the City Code and is aesthetically sing. MDTION by Co Billings to approve the Comprehensive Sign Plan for 8251 Mai reet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT, SP #86-15, AND TO EXTEND THE PERIOD THE STIPULATIONS NEED TO BE OOMPLEF'TED UNTIL SEPTEMBER 30, 1988, AS NORTH SUBURBAN HOSPITAL DISTRICT WILL NOT BECOME OWNER OF THE PROPERTY UNTIL JUNE 1, 1988: Mr. Robertson, Community Development Director, stated the North Suburban Hospital District will not become the owner of this property until June 1, 1988, therefore, they will not be able to amply with the stipulations under special use permit, SP #86-15, until September 30, 1988, rather than June 30, 1988. MOTION by Councilman Billings to extend the time that stipulations 1, 2, 3, 6, 7, 8 and 9 need to be completed frau June 30, 1988 to September 30, 1988 under special use permit, SP #86-15. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF AN EXTENSON OF A LOT SPLIT, L.S. #82-05 LOCATED AT 7365 EAST RIVER ROAD N.E., BY GERALD M. SHERER: M)TION by Councilman Fitzpatrick to extend lot split, #82-05, through November, 1989 with the stipulation that a new nnance bond be provided or existing letter of credit ($5,000) be nded to cover completion of site improvements which are to be ed upon completion of East River Road improvements. Seconded ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee ared the notion carried unanimously. 12. RECEIVING THE S OF THE PL W113 O'OMMISSION MEETING OF MARCH 9, 1988: -15 FRI= CITY CX7UNCIL MEETING OF MARCH 28, 1988 A. RESOLUTION NO. 26-1988 APPRM-IM A SUBDIVISION, LAT SPLIT, L.S. #88-01, TO SPLIT LOTS 5 AND 6, LUCIA LANE ADDITION, IN ORDER TO CREATE THREE BUILDABLE LOTS, GENM,LY LOCATED AT 1133 - 1145 MISSISSIPPI STREET N.E. : Mr. Campbell, representing the petitioner, Mr. Johnson, as d about any lane widening or median on Mississippi Street as thi may be a price consideration on one lot. Mr. Flora, Public Works Director, stated the plan f r Mississippi Street calls for left turn lanes from Mississippi on o Highway 65 and the construction of a median almost to Lucia Lane. Councilman Billings asked about the west half o Lot 4 as he noticed past proposals included this west half. Imo'. Campbe stated he understands that is no longer part of Mr. Johnson's property d isn't awned by him. MDTION by Councilman Schneider to grant to split, L.S. #88-01, with the following stipulations: (1) owner to pply a 15 foot bikeway/walkway easement on Mississippi Street frar. Luci Lane to Highway 65; (2) a park fee of $750 each for Tract A and B be d prior to issuance to building permits; (3) driveway on Tract B to ac ess Lucia Lane only; (4) driveway on balance of Lot 6 to be as far east as possible; and (5) owner is responsible to notify prospective buyer of poss' le median on Mississippi Street which could preclude easterly movement fr Lot 6 and 7. Seconded by Councilwoman Jorgenson. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. B. CDNSIDERATION OF THE PROPO COMPREHENSIVE WASTE REDUCTION AND RECYCLING ACT; THAT THE CY1rY COUNCIL PASS A RESOLUTION IN SUPPORT OF THE COMPREHENSIVE nMREDUCTION AND RECYCLING ACT; AND FORWARD THE RESOLUTION TO THE SOTA POLLUTION CONTROL AGENCY, M%STE BOARD, nMPOLITAN COUNCIL, ANOKA OOUNTY, AND STATE LEGISLATORS REPRESENV= THE CITY OF FRIDLEY: Mr. Robertson, Ccmuni Development Director, stated the Waste Reduction and Recycling Act 198 was an attempt to address the lag in development of waste reduction a d recycling programs behind the development of waste-to-eneregy ' inerators. He stated as originally proposed, the Act included several isions and prohibitions which its authors believed would increase to reduction and recycling in Minnesota. Mr. Robertson stated subsequ to the Environmental Quality Ccrnmission recommending that the Council rt this legislation, all the key provisions were deleted in committee ings. Mr. Robert n stated the Council may support the legislation as originally proposed, port the current draft of the bill with the deletions, support the legi ation with deletion of items that are of concern to the City, or support the legislation with an amendment to delete the recycling deposit on unref' able beverage containers as it would reduce the funds received from the unity by the City and create instability in the curbside program. -16- y r FRIDLEY CITY ODUNCIL MEETING OF SEPTEMBER 12, 1988 Councilman Schneider asked if there was a problem with the parking how it would be resolved. Mr. Newman stated it would be difficult. He stated he assumes before Ithe plans are approved, there has to be sufficient evidence that staff be�deves there will be suffficient on-street parking. Mr. Robertson stated there has been a change in the final buildigg laps and the square footage has been reduced frau 32,000 square feet to/`L8,000 square feet. Councilman Schneider asked if this building meets all the-code requirements for parking with the mixed use that is proposed. Mr. Robertson stated it does meet all the requirements. Councilman Billings stated the parking problem t,�at could occur is when Merrill Lynch Realty conducts their meeti/ngs with their sales representatives. He felt with reducing the square footage, there is less demand for parking by the other tenants. He stated the petitioner also has an agreement with Merrill Lynch Realty that they would not use any more parking than what they were allotted. He felt also with the restrictive covenants it adequately protects the City,. Ms. Stinski, the petitioner, stated she did not have a signed agreement, but a verbal agreement fran the Resident Manager of the apartment complex that they can use ten spaces, if they are needed. Mayor Nee stated the rezoning is contingent on certain restrictive covenants and if the Council approves the second reading this evening and it is published, will or will not tam property be rezoned. Mr. Newman stated it is contract rezoning and rezoned for this particular use. He stated to make sure this is understood by any third party is why the-City is requiring the filing of the restrictive covenants. He stated the rezoning, for all practical purposes, will take effect after the Council's action to approve it, but the building permit will not be issued until the restrictive covenants are filed. He stated there are real estate title questions to be considered and if the financing should fall through, the City is not encumbering the property. Councilman Schneider questioned if the City will either have this particular building or the property will remain as it is presently zoned. Mr. Newman answered in the affirmative. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 916 on the second reading and order publication, with the following stipulations: (1) the vacated house on the rezoned parcel should be removed frau the site prior to the publishing of the rezoning ordinance; (2) the proposed rezoning is for the develognent as outlined on the attached site plans and elevations only; (3) the petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for on-street larking. Should on-street parking result, the City may sign -11- r FRIDLEY CITY COUNCIL MEETING OF SEPITNBER 12, 1988 the street as "no parking" and require that additional stalls be made available or the need be reduced; (4) petitioner to work with staff on landscape refinements and have an agreed upon plan; (5) petitioner to supply a stone drainage plan which meets staff approval; (6) petitioner to supply a performance bond or letter of credit in the amount of three percent of the construction value prior to issuance of a building permit; (7),�'that this rezoning is contingent upon the property owner filing Restrictivie Covenants against the subject property providing for the following: (a) that the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley; and (b) that the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to insure that there is not any on-street parking; and (8) in the event that a Certificate of Occupancy is not issued on or before June 1,," 1990 by the City for the building described above, then this rezoning shall be automatically terminated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF A VARIANCE, VAR #88-03, TO REDUCE THE WIDTH OF THE SCREENING STRIP BETWEEN COMMERCIAL AND RESIDENTIAL DISTRICTS FROM 15 FEET TO 5 FEET ON THE EAST AND NORTH SIDES OF THE PROPERTY TO ALLOW THE CONSTRUCTION OF AN OFFICE CbMPLEX ON LOT 1, BLOCK 1, HILLWIND ADDITION, THE SAME BEING 941 HILLWI D ROAD N E , AND ON LOT 3, AUDI'TOR'S SUBDIVISION NO. 25, THE SAME BEING 1001 HILLWIND ROAD N.E.,;'BY CHERYL STINSKI: MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance, VAR #88-03 . Seconded by Councilwoman Jorgenson4 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 8. CONSIDERATION OF SETTING PUBLIC HEARING FOR POSSIBLE REVOCATION OF SP #77-04, APACE CAMPING CENTER: Mr. Robertson,/ Community Develcgment Director, stated staff was going to suggest a public hearing date of October 3, 1988 regarding the possible revocation of this special use permit. He stated, however, that the owner of Apache.,6amping Center will be on vacation at this time and requested the hearing be set for October 17, 1988. MOTION by Councilman Fitzpatrick to set a public hearing for October 17, 1988 for the possible revocation of Special Use Permit, SP #77-04. Seconded by ,Cbuncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT, SP #86-15, TO ALLOW A -12- 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 DAYCARE FACILITY; TO ALLOW AN ALTIUMOBILE PARKING LOT FOR OFF-STREET PARKING SPACES; TO ALLOT HOSPITALS, CLINICS, NURSING HOMES, CONVALESCENT HOMES AND HOMES FOR THE ELDERLY, TO EXTEND THE COMPLETION DATE OF STIPULATIONS TO SEPTEMBER 30, 1989, BY NORTH SUBURBAN HOSPITAL DISTRICT: Mr. Robertson, Ca=unity Develofinent Director, stated the Council granted special use permit, SP #86-15, to the North Suburban Hospital District with certain stipulations, several of which required exterior improvements to the property by June 30, 1988. He stated due to delays in acquiring the property, the District requested, and the Council agreed, to extend the date for these improvements to be canpleted to September 30, 1988. Nir. Robertson stated a request has now been received from the District to again extend the date by which the improvements required under SP #86-15 are to be completed to September 30, 1989 , as the District has not yet determined whether they will be able to proceed with the renovation and improvements to the church building on the property. NOTION by Councilman Billings to grant an extension until September 30, 1989 for completion of stipulations 1, 2, 3, 6, 7, 8 & 9 under Special Use Permit, SP #86-15. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson questioned Betty Wall as to how their plans were proceeding for the day care facility. Ms. Wall stated they were experiencing a lot of prebl ams and it is not clear yet whether they would be able to proceed. UPON A VOICE VOTE TAKEN ON THE ABOVE NOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER NO. 3 FOR STREET IMPROVEMENT PROJECT ST. 1988-1 & 2• Mr. Flora, Public Works Director, stated this change order approved by the HRA at the September 8 meeting is necessary to incorporatechanges in the signal system at Rice Creek Road and T.H. 65, which hyv�been ordered by the Minnesota Department of Transportation, and additiorfal soil corrective work in Rice Creek Road. He stated this change order will increase the cost of the Rice Creek Road project by $52,095.50. MOTION by Councilman Schneider to approve Change Order No. 3 for $52,095.50 with C.S. McCrossan Construction Cc). , Inc. for Street Improvement Project ST. 1988-1 & 2. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF TERMINATING THE TEMPORARY WATER BAN: Mr. Flora, Public Works Director, stated when the Council adopted the resolution for the sprinkling ban, the City was pumping 16 million gallons of water per day and, with the ban, it dropped to 8 million gallons per day. He stated, presently, the City is pumping about 12 million gallons a day. -13- I r FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 Mr. Flora stated the ground water aguifier has lost sane depth and it will be -years before it is replenished, however, the City' s wells are not now adversely affected. MOTION by Councilman Fitzpatrick to approve the termination of the temporary watering ban. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated there is also an ordinance covering sprinkling in the City and asked if the Council wished any changes in this area. It was the concensus of the Council that the ordinance should be modified to refelct present conditions, and requested staff to submit any changes that may be necessary. 12. CONSIDERATION OF A POSSIBLE LOCATION OF A SECOND SATELLITE FIRE STATION LOCATED ALONG EAST RIVER ROAD: Mr. Qureshi, City Manager, stated the possibility of a second satellite fire station has been discussed and the Council included this item in the 1989 budget. He stated what is being proposed is a second satellite station at Osborne Way and East River Road. Councilman Fitzpatrick felt he would like additional time to study this issue and the proposed location. He felt as far as the impact on the residential area, it would seen a fire station at the south location would have a greater impact than one located on the north. Councilman Billings also suggested that possibly the parking lot configuration could be changed by utilizing property to the south. Councilwcxman Jorgenson asked when construction would begin, if the Council authorizes approval. Mr. Qureshi stated if the Council wishes to proceed, the County would be contacted regarding the property and bids would be advertised for the potential construction starting in November of this year. Councilwatkut Jorgenson,asked if plans may have to be modified due to the intersection improvements at this location. Mr. Qureshi stated' there probably would only be minor adjustments. Mr. Aldrich, Fire Chief, stated his thoughts would be to use the same materials and design as the new satellite fire station on Central Avenue. He felt this way, the City would not need an architect. MOTION by' Oauncilman Bilings to table this item to the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF RECEIVING THE FRIDLEY URBAN DESIGN STANDARDS BOOKLET: -14- LEASE AGREEMENT This Lease Agreement, made and entered into thiel h-,-day of July, 1987, by and between the Worth Suburban Hospital District, a public body, corporate and politic, organized under Minn. Stat. Seo. 397.05 et. seq. , 550 NE Osborne Road, Fridley, Minnesota 55432, hereinafter referred to as the "NSHD", and the Anoka County Community Action Program, Ino. , a Minnesota private non-profit oorporation, 8008 N. E. Highway 65, Spring Lake Park, Minnesota, 55432, hereinafter referred to as "ACCAP"; WITNESSETH THAT: WHEREAS, the NSHD currently owns two (2) residences situated in the City of Fridley, County of Anoka, State of Minnesota, legally described as Lots 6 and 7, Block 1, Osborne Manor 2nd Addition (hereinafter referred to as the "Properties"); and, WHEREAS, there is a demonstrated need for short term transitional housing for lar income residents, particularly for families, in the service delivery area of the NSHD and the County of Anoka; and, WHEREAS, The NSHD desires to assist in fulfilling said demonstrated need for such short term housing; and, WHEREAS, the Properties can be adapted to help fulfill the need for such short term housing; and, WHEREAS, ACCAP has formulated a transitional housing project for families and the general population to help fulfill the need for short term transitional housing; and, WHEREAS, to implement the transitional housing program, ACCAP desires to lease the Properties and make them available for Anoka County residents to live in as part of the transitional housing project ; and, WHEREAS, ACCAP is experienced in the business of operating and managing real property similar to the above described Properties. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties do covenant and agree as follows: 1. LB AS IN In oonsideration for the payment and performance by ACCAP of its obligation under this Agreement, the NSHD hereby leases to ACCAP, and ACCAP accepts, the Properties. ACCAP shad be in exclusive control and possession of the Properties and the NSHD shall not be liable for any injury or any damage to aro+ property or to any person happening on or about the Properties or any person thereon. ACCAP shall have the right to sublease the Properties to the sponsoring agency, Elim Transitional Housing, Inc. , vho vill make the Properties available to its clients in the transitional housing project, but such subleasing shall not release ACCAP from responsibility for performance of its obligations hereunder. Lease Agreement Page 2 2. REHABILITATION OF YROPERTIRS Prior to renting ar+ of the Properties herein, and in any event not later than September 1 , 1987, ►CCAP shall repair, improve, and rehabilitate the Properties, at the sole cost and expense of ACCAP, and in accordance with the plans and/or specifications described in Exhibit A, which is attached hereto and made a part hereof by reference. All rehabilitation or oonstruotion work shall be in accordance with applicable State and local codes. ACCAP shall secure any and all permits and approvals required to perform any and all the work contemplated hereby. All alterations, repairs, improvements, rehabilitations or construction on the Properties required by this Agreement shall be performed by duly licensed and bonded building oontractors. Prior to commencement :of the rehabilitation as described in Exhibit A, ACCAP shall secure adequate funds to cover the cost thereof. ACCAP shall be responsible for all costs associated with the altering, repair, improvement, rehabilitation or construction on the Properties. The Properties shall not be leased or rented until all rehabilitation work has been completed, the Properties have been inspected by a local building inspector, and ACCAP provides the NSHD with a certificate of occupancy by the City of Fridley. 3. MAINTENANCE AND REPAIR ACCAP shall, at all times during the term of this Agreement, at its own cost and expense, repair, replace, and maintain in a good, safe and substantial condition, all buildings and any improvements, additions, and alterations thereto on the Properties, and shall use all reasonable precautions to prevent waste, damage or injury to the Properties. ACCAP shall maintain the Properties in good repair including, but not limited to, cleaning, painting, decorating, plumbing, carpentry, groundseare and such other maintenance or repair work as may be necessary. ACCAP further agrees to maintain the Properties in compliance with all applicable health and safety laws of the State and of local units of government where the Properties are located. At all times during the term of this Agreement ACCAP shall maintain and repair the Properties so they shall not be in such a oondition as to constitute a violation of any applicable, State, County, or city health, housing, building fire prevention, or housing maintenance codes. ACCAP shall perform, or cause to be performed, all of the covenants of the lessor or licensor under !Minn. Stat. Sec. 504.18, Subd. 1 . 4. RECORDS AND REPORTS ACCAP shall keep books, accounts and records that reflect all revenue and all expenditures incurred in connection with the management and operation of the Properties. ACCAP shall also keep records of the number, type, category and length of residency of the people served under the transitional housing project. The books, accounts and records shall be maintained at ACCAP's principal place of business. ACCAP aball, during regular business hours, make the books, accounts and records required to be maintained hereunder available to the ASHD or the representatives of the ASHD for examination and audit upon reasonable notice. Within 60 days of the end of each calendar year, ACCAP shall prepare and Lease Agreement Page 3 deliver to the NSHD a detailed statement of the number, types, categories and length of residency of the people served under the project and a detailed statement of the revenues received and expenditures incurred and paid during the calendar year that resulted from the operations of the Properties and the transitional housing project. 5. BANK ACCOUNT ACCAP shall deposit (either directly or in a depository bank for transmittal) all revenues from the Properties into an account maintained at a national or state member bank who is a member of the Federal Deposit Insurance Corporation. ACCAP shall keep a detailed record of deposits and withdrawals from said account so as to adequately insure that the monies from the transitional housing project can be accounted for. With the revenues deposited in said account, ACCAP shall pay all items with respect to the Properties. 6. UTILITIES All applications and connections for necessary utility services on the Properties shall be made in the name of ACCAP only, and ACCAP shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services. 7. TAXES AND SPECIAL ASSESSMENTS ACCAP shall pay any and all taxes and special assessments on the Properties which become due and payable during the term of this Agreement. Such amounts shall be paid to the NSHD at least 10 days prior to the dates on which tax payments are due. 8. ALTERATIONS AND IMPROVE�ENTS ACCAP shall make no alterations to the buildings on the Properties or construct any building or make other improvements on the Properties which exceed five thousand dollars ($5,000.00) without the prior written consent of the NSHD. 9. USE-OF THE PROPERTIES The Properties shall be used and occupied solely by individuals placed by the sponsoring agency in the transitional housing project. ACCAP shall maintain and operate the transitional housing project on the Properties in accordance with all State, county, municipal health and safety regulations. ACCAP shall not use or permit the Properties or any part thereof to be used for any purpose other than the purpose or purposes stated herein. ACCAP shall not permit either of the Properties to, at any time, be occupied by more then five (5) unrelated persons. ACCAP shall further not permit any on-street parking of automobiles of residents of the Properties, or the off-street parking of more then three (3) automobiles at each of the Properties. 10. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing a relationship of Lease Agreement Page 4 oo-partners between the parties hereto. ACCAP is and shall remain an independent contractor with respect to all services and liabilities performed under this Agreement. All individuals hired by ACCAP pursuant to this Agreement shall be considered employees of ACCAP and shall not be considered employees of the NSHD for any purpose or in any manner whatsoever. 11 . INMMNIFICATION The NSHD shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by ACCAP or by any person who may at any time be using or occupying or visiting the Properties or be in, on, or about the same, whether such loss, injury, death or damage shall be caused by or eny way result from or arise out of any act, emission, or negligence of ACCAP or of any occupant, sponsoring agency, visitor, or user of any portion of the Properties, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. ACCAP shall indemnify the NSHD against all claims, liabilities, loss or damage whatsoever on account of any such loss, injury, death or dam age. 12. IN SII R AN CE ACCAP shall, at all times during the term of this Agreement, and at ACCAP's sole expense, keep all improvements which are now or hereafter a part of the Properties insured against loss or damage by fire and the extended coverage hazards for full replacement value of such improvements. Full replacement value shall be an amount mutually agreed upon between NSHD and ACCAP. If a value cannot be mutually agreed upon, then full replacement value shall be determined by the Fridley City Assessor. ACCAP shall also maintain in effect throughout the term of this Agreement personal injury liability insurance covering the Premises and its appurtenances in the amount of $500,000.00 for injury to or death of any one person, and $1 ,500,000.00 for injury to or death of any number of persons in one occurrence and property damage liability insurance in the amount of $500,000. ACCAP shall at the time of the execution of this Agreement and from time to time thereafter provide proof of said insurance. In the event of " loss, damage, or destruction of the Properties, any proceeds from said policies shall be paid to the NSHD who, in its sole discretion, shall determine whether the proceeds shall be used to repair or replace any and all improvements on the Properties. ACCAP shall have the NSHD named as the insured on all property insurance policies and as an additional insured on all liability insurance policies required herein. 13. ASSMNMNT Neither party to this Agreement shall assign the Agreement, nor any interest or rights therein, without the written consent of the other. 1 Lease Agreement Page 5 14. RIGHT OF ENTRY The NSHD and the NSHD'a appointed agents reserve the right to enter the Properties at all reasonable hours upon reasonable notice during the term of this Agreement and any renewal thereof for the purpose of inspecting the Properties and all building improvements thereon. 15. LIENS ACCAP shall keep all of the Properties and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanical materialmans and other liens for or arising out of or in oonnection with Work or labor done, service performed or materials or appliances used or furnished for or in connection with arty operation of ACCAP, any alteration, improvements or repairs or additions which ACCAP may make or permit or oause to be made, or any work or construction by, for or permitted by ACCAP on or about the Properties, or any obligations of " kind incurred by ACCAP, and at all times promptly and fully pay, discharge any and all claims on which any such lien may or could be based, and to indemnify the NSHD and all the Properties against all such liens and claims of liens and suits or other proceedings pertaining thereto, provided, however, that ACCAP shall not be responsible to pay or discharge any lien upon said Properties if the lien is not the result of their actions under the terms of this Agreement. 16. TERM OF AGREEMENT This Agreement shall be for a term commencing immediately as to Lot 6 and on August 1 , 1987 as to Lot 7 and, subject to paragraph 18 hereof, terminating as to the entire Properties on July 30, 1989. 17. LICENSE OF ACCAP ACCAP shall at all times during the term of this Agreement maintain such licenses and permits, including those required by_ the City of Fridley, as are required for any of the various services to be performed by ACCAP or the sponsoring agency. ACCAP shall not be released from its obligations hereunder if it shall be prevented from using the properties as contemplated by the City of Fridley. 18. TERM-TN ATION OF AGREEMENT The NSHD may terminate this Agreement upon ACCAP' s failure to perform or abide by any of the terms or conditions herein. Prior to termination, the NSHD shall give to ACCAP written notice of the grounds for termination and allow ACCAP thirty (30) days to remedy the conditions. ACCAP may terminate this Agreement, if in its sole discretion determines that the transitional housing is no longer financially feasible, upon giving 90 days written notice to the NSHD. Both Parties to this agreement recognize that the use of the Properties for transitional housing purposes is a temporary use. Should the City of Fridley exercise its rights to require additional parking or other improvements per its Conditional Use Permit with NSHD resulting in the need for removal of one or both the houses, this Agreement shall be terminated upon NSHD giving 90 day written notice to ACCAP. In such Lease Agreement Page 6 event, ACCAP shall have the right, at its option and at its sole expense, to salvage any useable materials frcm the house(s) to be removed, including the right to remove and relocate such house(s) . Such salvage work shall be completed by ACCAP within such 90 day period. 19. QUAL KMOMNT OPPORTUNITY CIVIL RIGHTS During the term of this Agreement, ACCAP agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status (affectional preference), public assistance status, criminal record, creed, or national origin, be excluded frcm full employment rights in, participation in, or denied the benefits of, or be otherwise subject to discrimination under any program, service or activity under the provisions of any and all applicable federal and state laws against discrimination; including the Civil Rights Act of 1964. ACCAP will furnish to the NSHD all reports required by Executive Order No. 11246 and revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor, Minnesota Department of Human Services, for purposes of investigation to ascertain compliance with such laws, regulations and orders. 20. BATA PRACTICES All data collected, created, received, maintained or disseminated, or used for any purposes in the course of ACCAP's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984 , Section 13.01 , et. seq. , or any other 'applicable state statutes and any state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. ACCAP agrees to abide by these statues, rules and regulations as they may be amended. 21 . MODIFICATIONS This Agreement may not be modified unless such modification is in writing and signed by both parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the day and year first above written. NORTH SUBURBAN ANOKA COUNTY COMMJNITY ACTION HOSPITAL DISTRICT PR OG R AM, IN C. By: - w By: Betty Wall William Nee Chairperson, District Board Chairman, Governs Board By; - Ro ary Patrick McFarland Clerk, District Boar Executive Director 00 W July 8, 1987 EXHIBIT A, CONSTRUCTION IMPROYFMENTS The Anoka County Community Action Program, proposes to rehabilitate the two (2) facilities referenced in this agreement as follows: I. Basic bousing rehabilitation work A. 400 Osborne Road N. E. - replooe seven (7) lighting fixtures - replace nine (9) interior doors including passage locks - replace wood screen door for garage - repair window screens - replace overhang garage door - repair kitchen cupboards - repair bathroom tub - tub surround - remove kitchen carpet, add new 1/4" floor boards and finish with new rolled linoleum - replace carpet throughout house - paint all exterior and interior surfaces - spray texture all ceiling surfaces - install smoke detectors per code - clean unit with appropriate germicide product - make necessary improvement to eliminate storm water in basement - trim trees and schrubs and clean up lawn area - remove all stumps and debris - install all necessary appliances - install egress window openings in each bedroom per code B. 401 76th Avenue N. E. - repair overhang garage door - caulk bathroom tub - paint all exterior surfaces and interior rooms as needed - repair window screens - trim, trees and shrubs and clean up lawn area - remove all stumps and debris - install egress window openings in each bedroom per code - repair facia - install new gutter system and other improvements to eliminate storm water in the basement - install smoke detectors per code - install all necessary appliances - remove damaged sheet rock and paneling in basement - replace ceiling tiles as needed in basement - enclose bathroom in basement II. Meatberization work needed to eliminate heat waste on Doth houses will be done to comply with U. S. Department of Energy guidelines which includes the following: - insulate attic area to an R-38 - caulk all envelope Infiltration points - install hot water beater jacket - insulate hot and cold water pipes 4 ' from unit - weatherstrip doors and windows - install electrical outlets and switch gaskets - replace all broken and loose glass - Insulate rim joist - insulate above grade foundation walls - install storm windows where missing - install new primary doors as needed - evaluate furnace and water heater - steady state efficiency test (repair and/or replace as necessary) - install storm door on patio doors ACCAP, as the General Contractor, will also secure all necessary permits for this work, and will ensure that all work complies fully with the State Building Code, Plumbing Code, Electrical Code and Fire Code as determined by the appropriate City Inspector. 00 NORTH SUBURBAN HOSPITAL DISTRICT SP #,E86-15 STIPULATIONS 1. PROVIDE HARDSURFACE SETBACK OF 20 FEET FROM OSBORNE RIGHT-OF-WAY BY 6/30/88 . 2. PROVIDE A LANDSCAPING PLAN TO INCLUDE BERMING AND PLANTINGS TO SCREEN HARDSURFACE AREAS, EXISTING AND PROPOSED , INSTALL APPROVED PLAN BY 6/30/88, 3, PROVIDE AUTOMATIC LAWN SPRINKLING FOR ALL GREEN AREAS BY 6/30/88 , 4 . PROVIDE A FENCED TOT LOT AREA, APPROXIMATELY 20' X 30' , WITH CITY APPROVED TOT LOT EQUIPMENT, PRIOR TO DAY CARE START UPS 5 . PATHWAY TO BE INSTALLED FROM DAY CARE TO TOT LOT PRIOR TO DAY CARE START UP . 6 . PROVIDE CONCRETE CURB AND GUTTER FOR HARD SURFACE AREAS AND DRIVE- WAYS INCLUDING FIVE FEET SETBACK FROM BUILDING BY 6/30/83 , 7 . SEALCOAT AND RESTRIPE PARKING LOT AND PROVIDE REQUIRED HANDICAPPED STALLS BY 6/30/88 . 3. PROVIDE ONE-WAY DIRECTIONAL SIGNAGE WHERE NEEDED BY 6/30/88 . 9. PROVIDE AN APPROVED DUMPSTER ENCLOSURE BY 6/30/88 . 10, REMOVE TRAILERS FROM PROPERTY EAST OF CHURCH BY 10/31/87F 11, PROVIDE A DRAINAGE PLAN FOR APPROVAL PRIOR TO PARKING LOT WORK. gY NORTH SUBURBAN HOSPITAL DISTRICT SP #86-15 STIPULATIONS 12 , TWO SINGLE FAMILY HOMES TO THE WEST OF THE CHURCH ARE INCLUDED IN SPECIAL USE PERMIT #86-15 FOR FUTURE PARKING ONLY, THESE HOUSES MAY BE LEASED AS SINGLE FAMILY RESIDENCES UNTIL SUCH TIME AS THE CITY DETERMINES THE NEED FOR ADDITIONAL PARKING FOR CLINIC/ DAY CARE USE, 13. Tax Parcels to be combined into one lot upon acquisition to one ownership . (Added 10/2/86) . .4 J 0 74.6452 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Special Use Permit, SP #86-15 SPECIAL USE PERMIT North Suburban Hospital District , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 6 day of October , 19 86 , on a petition for a special use permit pursuant to the City of Fridley' s Zoning Ordinance, for the following described property: See attached legal description. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See Council minutes of October 6, 1986 with 13 stipulations. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 Fri ,e✓ Minnesota, in the County of Anoka on the day of 7 9=. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �-Crti SHIRLEY A. HA PALA, CITY CLERK �v •� Cr fir,• r (SEAL) COUNCTL MEETING. OF OCTOBER 6. 1986 facilities. Mr. Flora stated the Planning Commission recommended approval of this special use permit with the stipulation that the developer provide the City with tenant information prior to each occupancy of the building so that the parking may be monitored to insure there is a suff icient number of spaces. He stated this is similar to what was done with the Winfield Development whose building was constructed as an office/warehouse facility. douncilman Goodspeed questioned the trading of parking between Mr. Harris' property and spaces at the Qbmmunity Park. Mr. Harris, the petitioner, stated he would be willing to enter into an agreenent with the City for joint use of his parking and the City' s parking at the Community Park. Mr. Flora stated the staff' s concern is there are a lot of daytime activities at the (bmmunity Park and if they have such an agreement with Mr. Harris, there may be a shortage of spaces available for the park. Councilman Barnette stated the reality is the park isn't used every day on a constant basis and when special events are held, they are usually only for a short period of time. Mr. Harris stated he hoped the decision not to enter into a joint parking venture is not based only on a few day's use of the park. Mr. Flora stated Mr. Harris' building is adjacent to the park and if all the space is leased for offices, it would be an increased use, and if no additional parking were provided, it would be a problem. Mr. Harris stated he wouldn't be able to rent space to someone who needed more parking than what he could provide so he felt some of these things are self- correcting. MDTION by Counilman Goodspeed to concur with the recommendation of the Planning Commission and grant special use permit, SP #86-14 , with the stipulation that the developer provide the City with tenant information prior to each occupancy of the building. his information to include the intended use, number of employees and gross square footage of each type of usage e.g. office, warehouse, manufacturing. City approval of any proposed tenant is contingent upon sufficient parking supply. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A SPECIAL USE IT, SP SRF-15, T(� Ar Tl1W A I YCARE FACILITY; TO ALI.041 AUI'OI`MILE PARKING TATS FOR OFF-STREET PARKITj SPACES AND TO ALIS; A CLINICGENERALLY LOCATED AT 472 OSBO-PM TRIAD N E. . 4 QQ OSBORNE ROAD N.E. AND 401 76TH AVEMM N.E. . BY THE NORM M ' HOSPITAL DISTRICT: � -10- rwC m mEETiw, OF OCTOBER 6, 1986 Mr. Flora, Public Works Director, stated three items are connected with this request for a special use permit. He stated the permit is to allow a daycare facility; to allow parking lots for off-street parking spaces; and to allow a clinic. He stated the property involves the Fridley Assembly of God Church on Osborne Road, as well as two single family properties located off Osborne Road. He stated the North Suburban Hospital District is proposing to purchase the church and homes and convert the church into a clinic and daycare facility. Mr. Flora stated the code requires 207 parking stalls and 185 will be immediately provided with an option to install an additional 81 spaces in the area of the single family hones, as needed. Mr. Flora stated the Planning Commission recommended approval of this special use permit, with 13 stipulations, which he outlined from the minutes of the Planning Commission, pages 9 and 10. He stated staff would recommend another stipulation be added that the tax parcels be combined into one lot upon acquisition to one owner. Mr. Buratti, Attorney for North Suburban Hospital District, stated he talked to the City Assessor regarding the taxable status of the property. He stated whether the proprty becomes taxable depends on haw it will eventually be used and the laws of the State. He stated if the property is used for medical and daycare purposes, it would be subject to real estate taxation. He stated if this whole plan was to be scrapped and the Hospital District made this part of the hospital complex, it would not be taxable. Mayor Nee stated the special use permit is for the day care and clinic and asked Mr. Buratti if he agreed this would be a taxable use. Mr. Buratti stated his opinion is it would be taxable. Mr. Herrick, City Attorney, stated it would be his opinion this would be a taxable piece of property, based on this request. He stated he didn' t have a strong opinion, one way or the other, if the Council wished to add this item to the st i pul ati ons. Mr. Buratti stated he would like to request the Council waive the stipulation for the bond. NDTTON by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant special use permit, SP #86-15, with the following stipulations: (1) A hard surface setback of 20 feet be provided from the Osborne Road right-of-way by June 30, 1988; (2) A landscaping plan be provided to include berming and plantings to screen hard surface areas, existing and proposed, and install approved plan by June 30, 1988; (3) An automatic lawn sprinkling system be provided for all green areas by June 30, 1988; (4) A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting; (5) Pathway to be installed from day care to tot lot prior to daycare starting; (6) Concrete curb and gutter be provided for hard surface areas and driveways, including a five foot setback from building by June 30, 1988; (7) Sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988; (8) Provide one-way directional signage where needed by June 30, 1988; (9) Provide an approved dumpster enclosure by June 30, 1988; (10) Remove -11- COUNCIL MEETING OF OCTOBER 6. 1986 trailers frau property east of church at such time that the church vacates the property; (11) Provide a drainage plan for approval prior to parking lot work; (12) Two single family hones to the west of the church are included in this special use permit for future parking only. 'These houses may be 1 ea se d as single family residences until such time as the City determines the need for additional parking for clinic/day care use; and (13) Tax parcels be combined into one lot upon acquisition to one ownership. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDERATION OF A LOT SPLIT, L S #86-06,x'0 SPLIT LOT 7, BI,QCK 2. I'QQRE LAKE HILLS II,TO T<,?0 SEPARATE PARCELS. GENERALLY LpCUM AT 6876 WOODX LANE N E BY DONNA LIND: Mr. Flora, Public Works Director, stated this is a request for a lot split for a parcel of property between Wood Lane and Old Central. He stated the petitioner is requesting to split this parcel into two separate lots. Mr. Flora stated the Planning Commission recommended approval of this request with four stipulations, which he outlined. Mr. Qureshi, City Manager, stated there was a drainage problem previously in this area and asked if the construction of a new home would be affected. Ms. Lind, the petitioner, stated the problem was years ago and has been solved with the installation of a culvert. She stated they have no problem with standing water. IrDTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split, L. S. #86-06, with the following stipulations: (1) New structure to meet City Code for front yard setback average, 61 feet Flus or minus six feet; (2) Fence and shed to be relocated prior to recording; (3) Park fee of $750 required with building permit; and (4) Lot split to be recorded at County within six months of Council approval. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E. CONSIDERATION OF A VACATION, SAV #86-05. TO VACATE PART OF A STREET AND UTILITY EASEMEPTI_LYIM IN LOT 32, REMISED AUDITOR' cr�3DnnSION NO 77 (71 1/2 WAY CUL-DE-SAC) . EASEPIENT W7�S AQJtIRED APRIL 15, 1976 AND PJ=FDED AT ANOKA OOUN Y AS DOCUiENT NO 443624, BY MARTIN NISI,F'S'. SR MDTION by Councilman Fitzpatrick to set the public hearing on this vacation request for October 20, 1986. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F. CONSTDERPTION OF MODIFICATION OF CITIZEN COMMISSION STRLKMM BY ELIMINATING_ '?HE COW!11= DWELOPM_E T COMPASSION: NDTION by councilman Schneider to concur with the recommendation of the Planning Commission and instruct staff to prepare and process the -12- ^ f Y 746452 mericai Nu Grantor Grantee ' Recorded_,., Checked Marin Tr. Index 0 a r•� t W ul FHLL +1r uuuNt i RLCuRUEt� FATE OF MINNESOTA, =;OUNTy OF ANOKA I hereby certify that the within instru- 01 ment was tiled in this office tot record 30 on the FEB 13 0 .4&'clock . M., and was duly recorded p County rdw O • F 0 i CI YOF FRI DLEY CIVIC CENTER 6.131 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE.(6122)571-3450 North Suburban Hospital District October 7, 1986 Dennis Buratti 2200 First Bank Place East CITY COUNCIL Minneapolis, Mti 55402 ACTION TALI NOTICE on Cctober 6, 1986, the Fridley City Council officially approved your request for a special use permit, SP 486-15, to allow a daycare facility, an autcncbile parking lot for orf-street parking spaces and a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the west line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 12, all in Block 1, Osborne Manor 2nd Addition, the same being 472 Osborne Road N.E. , together with Lot 6, Block 1, Osborne Manor 2nd Addition, the same being 400 Osborne Road N.E. , together with Lot 7, Block 1, Osborne Manor 2nd Addition together with adjoining vacated 76th Avenue N.E. the same being 401 - 76th Avenue N.E. with the following stipulations: 1. Provide hardsurface setback of 20 feet from Osborne right-of-way by 6/30/88. 2. Provide landscaping plan to include berming and plantings to screen hardsurface areas, e}:isting and proposed. Install approved plan by 6/30/88. 3. Provide automatic lawn sprinkling for all green areas by 6/30/88. 4. Provide a fenced tot lot area, approximately 20' x 30' , with City approved tot lot equipment, prior to day care start up. 5. Pathway to be installed from day care to tot lot prior to day care start up. 6. Provide concrete curb and gutter for hardsurface areas and driveways including five feet setback from building by 6/30/88. 7. Sealcoat and restripe parking lot and provide required handicapped stalls by 6/30/88. 8. Provide one-way directional signage where needed by 6/30/88. 9. Provide an approved dumpster enclosure by 6/30/88. 10. Remove trailers from property east of church by 10/31/87. 11. Provide a drainage plan for approval prior to parking lot work. � � 9E North Suburban Hospital District October 7, 1986 Page 2 12. Two single family homes to the west of the church are included in Special Use Permit #86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/day care use. 13. Tax parcels to be combined into one lot upon acquisition to one ownership. (Added 10/2/86) . If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, I James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department.by October 21, 1986. M-7 7( I � Concur action taken. cc: Betty J. Wall Tam Ganbucci 1--,Ao Vj,-�2f LM -VJNQA0 ,171^ AV I'l`oj � `m1�� Y^b P-AW'o j - !NSA) •C ' moi) Vn'�'_-J^Vd ,111n ✓ , 5,'a4 P\AkY1Iilf f/ J "i � 'S`•�= -r")P _And `VAf -702rcJk r 1, '�'�� v1b '1�Iwi) 2'�'� 11 I F. C11YOF FMDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, \11NNESOTA 55432 - PHONE F612)571-3450 CITY ODUWIL ACTION TAFLN NOTICE 0 C.:0 Iden Ford x August 4, 1987 Fridley Assembly of God 7e�4--7 SS 1 472 Osborne Road N.E. Minneapolis, M 55432 On July 20, 1987 the Fridley City Council officially approved your request for extension of time for the removal of trailers used for classrooms at Fridley Assembly of God, 472 Osborne Road N. E. with the following st i pul ati ons: 1. Trailers to be removed by April 1, 1988. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, ?Jamoes6L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 18, 1987. Concur with action taken STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of extension of SP #86-15 SPECIAL USE PERMIT North Suburban Hospital District , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 28th day of March , 19_$$_, on a petition for a special use permit pursuant to the City of Fridley' s Zoning Ordinance, for the following described property: To extend the special use permit on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the West line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the North- east corner of said Lot 12, all in Block 1 , Osborne Manor 2nd Addition, the samebeing 472 Osborne Road N.E. , together with Lot 6, Block 1 , Osborne Manor 2nd Addition, the same being 400 Osborne Road N.E. , together with Lot 7, Block 1 , IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See City Council minutes of March 28, 1988. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 Fri ley, Minnesota, in •County of Anoka on the day of 19 DRAFTED B : City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 / SHIRLEY A. IjkAPALA, CITY 61LERK , (SEAL) t Osborne Manor 2nd Addition, together with adjoining vacated 76th Avenue N.E. , the same being 201 - 76th Avenue N.E. FRIM CITY COUNCILT IEETING OF NARCH 28, 1988 • #87-11, TO VACATE THAT PART OF MCIUNLEY STREET AS DEDICATED IN THE PLAT OF ACORN HILLS ADDITION, TOGETHER WITH THE NORTHERLY EXTENSION OF SAID MCKINL,EY STREET TO THE 90[TTH LINE OF THE PLAT OF AMBER OAKS, GENERALLY LOCATED 5980 STINSON BOULEVARD N.E., BY BRICKNER BUILDERS: Mr. Robertson, Cc munity Development Director, stated Mr. Cost o warted to make sure that this vacation is contingent upon final app,rov of the 17 lot Heather Oaks Plat and is, therefore, a stipulation of the acation. MOTION by Councilman Schneider to waive the r ir_g and approve the ordinance upon first reading, with the follow' g stipulation: (1) final approval of vacation contingent upon final royal of the 17 lot Heather Oaks Plat. Seconded by Councilwoman J enson. Upon a voice vote, all voting aye, Mayor Nee declared the mo 'on carried unanimously. 9. CONSIDERATION OF A CXOD�ENS SIGN PLAN FOR 8251 MAIN STREET N.E. : Mr. Robertson, Comrnunit Development Director, stated Dir. Maerters has subr^itted a sign pl or his industrial development at 8251 Main Street. He stated staff ds approval as it is in compliance with the City Code and is ae etically pleasing. DDTION Councilman Billings to approve the Comprehensive Sign Plan for 8251 in Street. Seconded by Councilman Fitzpatrick. Upon a voice vote, voting aye, DSayor Dlee declared the motion carried unanimously. 10. CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT, SP #86-15 , AND TO EXTEND THE PERIOD THE STIPULATIONS NEED TO BE CONP=D UNTIL SEPTEMBER 30, 1988, AS NORTH SUBURBAN HOSPITAL DISTRICT WILL NOT BECOME OWNER OF THE PROPER`T'Y UNTIL JUNE 1, 19 88: Mt. Robertson, Ccnmunity Development Director, stated the North Suburban Hospital District will not become the aaner of this property until June 1 , 1988, therefore, they will not be able to comply with the stipulations under special use permit, SP #86-15, until September 30, 1988, rather than June 30, 1988 . MOTION by Councilman Billings to extend the time that stipulations 1, 2, 3, 6, 7, 8 and 9 need to be completed frcxr. June 30, 1988 to Sept* nber 30, 1988 under special use permit, SP #86-15. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared th6;motion carried unanimously. 11. CONSIDERATION OF AN EXTENSON OF A LOT SPLIT, L.S. #82-05 LOCATED A 5 EP,S'I RIVER ROAD N.E., BY GERALD M. SHERER: MOTION by Councilrran Fitzpatrick to extend lot split, #82-05, through November, 1989 with the stipulation that anew ormance bond be provided or existing letter of credit ($5,000) be ended to cover completion of site improvements which are to be ted upon completion of East River Road improvements. Seconded uncilman Schneider. Upon a voice vote, all voting aye=OF lared the motion carried unar mously. 12. RECEIVING THEPLANNDU CZON<ISSION DQE,TING OF MARCH 9, 19 88: -15- 808628 ow rnerical_ Grantor Grantee Recorded_ Checked Margin---�� it. index-/ MICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA I hereby certify that the within instru- ment was filed in this office for record on the MAY 2 4 1988 /�2 d^1oc'.'Q— L, and%,rA3 dul!recorded /�i„�nry Reco!dsr gy. /a-&4z4t City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dept: Community Development CITYOF FWDLLY 'IR 0431 UNIVF.RSI'I'Y AVE. N.I'. FRIDLEY, MINNIN TA 55432 11I10N1;(612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE North Suburban Hospital District April 18, 1988 c/o Dennis Buratti Dorsey & Whitney 2200 First Bank Place East m1inneapol is, MN 55402 Cn Mare 29, 1988 the Fridley City Council officially approved your request for a extension of a special use permit, SP #86-15, to allow a daycare facility, an automobile parking lot for off-street parking spaces and a clinic, and to extend the period the stipulations need to be completed until September, 1988 with the following stipulations: I. None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, r--�- (f James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department May 2, 1988. Concu with action taken