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SP80-11 CITY O FPIULEY, SUBJECT � ' !�r SPECIAL USE PERMIT� G4:31 UI`�IVt=S751TY A./r:. i FRIDI.t_Y. MSV. E55431-_ (6 1'2),57 # 1-3450 (; SP 80-11 ADDRESS�5gq_Un_ tiersit_Ak__f�, ,_ DATE 9/24/80 PLANNIING COHIMISSION: P.H. DATE1Q/29/80 APPROVED X DISAPPROVED DATE 10/29/80 NO 1 CITY COUNCIL: P.H� REW D None � DATE �N/A NO N A CITY COUNCIL: APPROVED_ X DISAPPROVED DATE 11/17/80 _ NO STIPULATIONS: (1 ) That this structure be restricted for use as an out-patient psych- iatric counseling clinic; (2) That no changes be made to the existing structure; (3) That the applicant work with the Planning Department on the landscaping and fencing of the parking lot; (4) That six off-street parking stalls be provided, with no on-street parking; and (5) That this special use permit is granted for a two year period and is NAME FEE_ RECEIPT NO STREET LOCATION OF PROPERTY_ LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY 1 ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEFIENT Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? ____ _,yes no. What was requested and when? _ The undersigned understands that: (a) A list of all residents and owners of property 1 withiii 300 feet must be attached to this application. (b) This application must be Signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure ► to list the names and addresses of all residents and property owners of property in question, belcngs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the 4 following: 1. North direction. 2. Location of proposed structure on the lot. I 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location ar,d use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE SIGNATURE _ _".+� - APPLICANTS g ADDRESS TELEPHONE NO l to be re-evaluated at the end of that time. CITY OF FRIe?I.11Y M1i1NFSOTA ,« v ,/ PLANNING AND 'ZONING FORM NUMBER {� �� TYPE OF REQUEST APPLICANT'S SIGNATURE CM4,4, d6 h) 00 Rezoning - Address-6801 Channel Road, Fridley, MN. 55432 _Z Special Use Permit Telephone Number 571-0113 Approval of Premin- inary $ Final Plat PROPERTY OWNER'S SIGNATURE, Streets or Alley Vacations Address 6801 Channel Road, Fridley, MN. 55432 Other Telephone Number 571-0113 -- •- Fee1'75v;�Receipt No. 11 a3 3:ope 7 T �- _.__ _ 75°9 University Ave . N.E. a3 Lt la':l 1.vcatlon o 1�,� J y "/ /Y Legal Description of Property See attached copy ,d,,.,h�� Present Zoning Classification R-1 Existing Use of Property Residential–unoc– cupied Acreage of Property see legal desc.Describe briefly the proposed zoning classification ;2 =�- or type of use and improvement proposed Special use permit for outpatient family counseling clinic with small adiacent parking area. Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes X no. What was requested and when? The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from Ltle fai1L r@ i i� i. 5:: i.iG fLar c5 <iIi(i a%A" j i :?f al i a.Jia::l" �...^;C', property owners of property in question, belongs to the undersigned. I A sketch of proposed property and structure imiiust 'Lie drawn and attached., showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names, 5. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and -representations stated in this application are true and correct. DATE9/24/80 SIGNATURE (AP L IICANT) Date Filed Date of Hearing i Planning Commission Approved City Council Approved (dates) Denied (dates) Denied r K m NEWCOMBE 8c HANSEN APPRAISALS, INC. MINNEAPOLIS , MINNESOTA 5 5 4 0 1 P AL DESCRIPTION 7599 University Avenue PIE, Minneapolis, Mn. That part of the northeast 1/2 of the northwest 1/4 described as following: beginning at the northwest corner of the northeast 1/4 of the northwest 1/4 ,thence south along west line thereof 448.35' thence---ea-st—a-t-`r#g `--angles 99.86' to the point of beginning of the tract hereby to be described which point is the easterly line of- University Avenue as proposed thence continuing east in a straight line g in_ 7 10.36, thence north at right angles parallel with the west line of said northeasterly 214 of northwesterly 1/4 a distance of 240.04' more � less to the center line of Osborne Road as now layed 1 out and constructed thence southwesterly along the center line of said road 169.83' more or less to the east line of University Avenue } as proposed. Thence south along the said easterly line thereof 208.7' more or less to point of beginning, subject to road easement on north- westerly 33' , subject to eastment to State of Minnesota for highway I purposes. Final Certicates filed 9/15/69. f i (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMhIISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day,October 29,1980 at 7:30 P.M.in the Council Chamber for the purpose of: Consideration of a request for a Special Use Permit,SP#80-11,by James H.Gilbertson,per Section 205.051, 3, 1, of the Fridley City Code, to allow an outpatient counselins clinic with small adja- cent parking lot,to be located on Parcel 2700 in the North Half of Section 11, legally described as that part of the NE 1/2 of the NW V4 described as following:begin- ning at the NW corner of the NE V4 of the NW V4 thence south along west line thereof 448.35' thence east at right angles 99.86'to the point of beginning of the tract hereby to be described, which point is the easterly line of Uni- versity Avenue as proposed; thence continuing east in a straight line 170.36';thence north at right angles parallel with west line of said northeasterly V. of northwesterly V4 a distance of 240.04'more or less,to the center line of Osborne Road as now layed out and constructed,thence southwesterly along the center line of said road 169.83'more or less,to the east line of University Avenue as proposed. Thence south along the said easterly line thereof 208.7' more or less to point of beginning, subject to road easement on northwesterly 33',subject to easement to State of Minnesota for highway purposes. Generally located at 7599 Uni- versity Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD P HARRIS CHAIRMAN PLANNING COMMISSION (Oct.15 h 22,1980)-FRID. 6 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is herby 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, October 29, 1980 at 7:30 P.M. in the Council Chamber for the purpose of: Consideration of a request for a Special Use Permit, SP #80-11 , by James H. Gilbertson, per Section 205.051 , 3, f, of the Fridley City Code, to allow an outpatient counseling clinic with small adjacent parking lot, to be located on Parcel 2700 in the North Half of Section 11 , legally described as that part of the NE 1/2 of the NW 1/4 described as following: beginning at the NW corner of the NE 1/4- of the NW 1'4thence south along west line thereof 448.35' thence east at right angles 99.85' to the point of beginning of the tract hereby to be described, which point is the easterly line of University Avenue as proposed; thence continuing east in a straight line 170. 36' ; thence north at right angles parallel with the west line of said northeastrly 1/4 of northwesterly 1/4 a distance of 240.04' more or less, to the center line of Osborne Road as now layed out and constructed, thence southwesterly along the center line of said road 169.83' more or less, to the east line of University Avenue as proposed. Thence south along the said easterly line thereof 208.7' more or less to point of beginning, subject to road easement on northwesterly 33' , subject to easement to State of INinnesota for highway purposes. Generally located at 7599 University Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: October 15, 1980 October 22, 1980 I 7E SP #80-11 James Gilbertson outpatient counseling clinic 7599 University Avenue Y f��IP��� .�. -, .� ,� � 'i+��l it r`�.- C.+a�,Y,,.��•� � , [< ... 6 ' S I 4 //to 41 a a d 400 50 t7 f; • \ V0 , AO .a.,. ..: •fid �+ '�" °��S[.N,a -M ( i �,3r •� �ss;'u '_ *ivy a ' F: br a r 'S u i.6� .,' .r,�`• ' ,. �.. f �.>. �'1 '+44 ' ,1�[q�f+.S .t.�S SY � .'1 � r:t !iJ•v '•. e'ia rs. ,1 �"11'Ll •i�, ,�. .N `,a r, ..ig 116 . �, • 'C , !tY�.i,➢s rc �+ y• 1c, a-760z) At � qy v 44 n if R 3 e sa3 N F. �' t F✓ L �> , -T j�5-T -7557 i of f � �. n �o Asa �R' �i+r,•E..�n�✓.••s— r, ! ,a.4[.9 .�� z� ...L 7549 X550 . (p �'�?'__ 7.549 15A 1 542 W �SAO S° ?541 ti IsCr- -75-5 Ujw • .� . .lam �.__.. N -75 � � � ?gCt1 n � fi tz �. f — 71• 6 �5ZQ7 7518 tt fi M d k . f 75� 7 trs . -, ,a� � 75c7 � 7C9 75►0 .510 ,,e u x� f _ aA7� k —1500yLLA11 k r'Q7, ► —777 s z, a_ :1 Xf 4It'60 of low 6 F 47 , ?444 - -7 711 1 ror •+ r tju -7420 ' t> 371 15 -7400 ,.`' C < 11 D Planning Commission October 14, 1980 MAILING LIST City Council 4/17/84 Review) SP #80-11 , James H. Gilbertson Counseling clinic on Parcel 2700 Section 11 , the same being 7599 University Avenue N.E. Mr. & Mrs. Kenneth Bloom Mr. & Mrs. Warren Osborne 330 Osborne Road N.E. 7565 University Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Ezekiel Moreno, Jr. Mr. & Mrs. Robert Wilson 320 Osborne Road N.E. 7566 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Ronald Gabrielson ✓ Mr. & Mrs. Frank Waks /310 Osborne Road N. E. o„ Cosf 7574 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Ralph P. Lynn Mr. James H. Gilbertson 7599 University Avenue N.E. 6801 Channel Road Fridley, Mn 55432 Fridley, Mn 55432 American Oil Compsny 4940 Viking Drive Minneapolis , Mn 55435 Osborne Properties 523 South 8th Street Minneapolis, Mn 55404 rb,"'cS J -4 f> Mr. & Mrs. Frank Davis 7573 4th Street N.E. Fridley, Mn 55432 Carl Wahlstrom 347 76th Avenue N.E. Fridley, Mn 55432 Woodcrest Baptist Church Junior Parsonage 333 76th Avenue N. E. Fridley, Mn 55432 0e,,,,,, '4 Mr. & Mrs. Marcus Baukol 315 76th Avenue N. E. Fridley, Mn 55432 Mr. & Mrs. Robert Blosky 305 76th Avenue N. E. Fridley, Mn 55432 Mr. & Mrs. Bradford Gullickson 7573 University Avenue N. E. Fridley, Mn 55432 11 F . . JNIVERSITY AVENUE xt AM- 1•t'� r I r January 3 , 1983 Mr . Darrel Clark Zoning and Planning Dept . ' City of Fridley Offices 6431 University Avenue N.E Fridley , Minnesota 55432 RE: Newly installed sign at 7599 University Avenue N.E. Fridley , Minnesota 55432 Dear Mr . Clark: On December 27 , 1982 I received a complaint regarding the newly installed sign, by Mr. Ron Gabrielson , who is immediately adj:i- cent to the northeastern edge of my property. Mr . Gabrielsu.i ' s address is 310 Osborne Road , Fridley , Minnesota 55432 ; hip, phone number is 786-9064. Mr. Gabrielson indicated tdhat he was upset about the sign for two reasons ; A) he noted that I had promised that no sign would be erected on that corner , and ; B ) the lighting for that s; gn overspills and illuminates his bedroom window on the western side of his home . He also expressed concern about the loss of property value because of the sign which indicated the presence of a counseling center. In response to Mr. Gabrielson' s complaint , I phoned hin on the same day and discussed the matter with him. 1 indic.,ted to him that I did not recall ever promising that no Sign w,)uld ever be present on this property and , in fact , my note,, and records on the minutes from the actual public hearing 1L,r thv special use permit indicated my intention to work with the city of Fridley for an appropriate sign. I do remember tell int; the neighbors when I canvassed them prior to thy s{)eci .il u�I� permit application that because the property could not be commer- cially rezoned thatthey would not have to worry about any garish , neon-lit sign that might represent an eyesore . Mr. Gabrielson' s second camplaint is well founded. There does appear to be an overspill from the directed beam of the light that does illuminate the west side of his home . Currently I have that light on a photo-electric cell so it does go on Mr. Darrel Clark -2- January 3 , 1933 Re : Newly installed sign in the evening, stays on all night , and goes off in the daylight . On December 27 , 1982 , I eontact�d Bacon Electric , who installed the lighting fixture , and asked that we remedy the situation by the following: 1 ) angle the light more to the southe;ist , which will reduce the direct illumination to the we"t , 2 ) to obtain light baffles both on the top and side R eit ► t)f the fixture which will further reduce illumination and 3 ) in51 .111 an automatic timer switch that would turn the light ()It it 9 : 30 P.M. and then on again at 6 : 30 A.M. I believe that these steps will reduce any ongoing i 1 1 umi nat i oii or glare to Mr. Gabrielson' s residence . I plan to ,chc�k with him when the necessary improvements have been made . As you are aware , I am continually interested in m,ii nt.i i ni ng good relationships with those neighbors adjacent to me . if there are other complaints that by-pass me and of which 1 aw not aware , I would appreciate your contacting me soy that 1 can remedy them in the quickest manner possible . Thank you for your continued cooperation in my endeavors . Sincerely, Ovw►u�� James H. Gilbertson, Ph .D. Licensed Consulting Psychologist JHG/jl t James H. Gilbertson , Ph . D. 7599 University Ave . N . E. Fr!Jley , Mn . 55432 August 31 , 1983 Mr. Ron Cabrielson 310 Osborn Road Fridley, Mn . 55432 [)car Mr . Gabrielson: 1•1y office informed me of your recent office visit on Augu-t 26 . As you are aware , I was out of the country on Vac.►t i n it the time . I attempted to contact you by phone when 1 rCturnt. d to the office on August 29 , but there was no answer at your home . 1 certainly am most willing to meet with you to discuss Y0111- concerns , ourconcerns , to answer any questions , and to respond t4, any complaints you might have regarding this clinic opL-ration . Further , I have instructed my secretary to plan for an oprn house for the neighbors that will occur later in September . 1 believe it would be helpful for others to visit our premises and acquaint themselves with our operation. At that time , there would be an opportunity to answer any questions regarding the operation and to hear the concerns and impressions of others . January of 1984 will be the fourth full year of this clinic ' s operation and I believe there has been no material change in our scheduling, the amount of traffic generated , i►or in Our continuing wish to maintain rapport and gtlodwiII in this C Ommun i t %' . I thought it might be appropriate to pruvide YOU wiLh tilt- f,•11owing information and clarification that mai• antiwL•r �on� of your concerns but will , at least , provide a starting point for Our direct discussion. I . The sign installed in December 1982 : 1 ) I received your complaint of December 27 , 1982 . You will note that I attended to the pertinent issues as I saw them and I hoped they were received with satis- faction. 2) I assumed that in not hearing from you, that my ef- forts to reduce illumination on your home had in fact been successful . 3) 1- cannot comment on the presence of this sign under- mining or undercutting the actual property of your home. Mr . kon Cabrielson -2- August 31 . 1 ',ti i a . I have found , as others have found , the -,igti to be tasteful and designed to blend into the sur- roundings of this corner lot . b. There are still landscaping; improvements th.lt we plan to execute this fall , which Wi 1 l and y "C1-VO to beautify the area . 4f In the construction and instal gat ion al thin i ;,n , I fol lowed all council and zoning; dicLat -_­ti , �-pct-' i l it.' - ally : a . Indicating; my intent to have a sign in tll, r : inaI pub is hearing; for tht-• perrli t i 11 • of 1979 . b. The pretienLation of the acLu,, AIP, at a public hearing; for the sign in Nklvk-1111), r •,t 1982 . C . Constructing the sign within th.• �,(it .lrcI . limitations as authorized for re,,iJ, nt i .11 - crt y . _— — d . Fallowing all codes regarding; electric., ) lotion and illumination . C . Special installation of an auta;l,.lt is t i ;, . response to your concern and ca: ;p I ,1 i o' ­t 1982 . l 1 . "Scvcral new doctors operating, in thi �, bui Id—iii," . the only lull time prOICSsionai i1) t11 t ; thoui,h , I have two part -time ;assacialt— I­ 1 1 IS.icl.-up �,crvices for me %�h,. rl I i r. IIL 1 t 11 Vacation and sick coveruge . 3 P The emergency services to pat i ellL � wn�'1, 1 booked or am not available . 4 ) 1 am the only professional in the office durin,; thr--c days of Lhe week and the other part-time personnel share one or two days weekly. Their addition Lo traffic , is usually only one car hourly during the four to five hours that they are present here. There are never more than myself and a part-time associate in this office on any shared day. S) As you are certainly aware , the constraints of ; a . the council prohibition regarding the exterior enlargement of this building, -3- b and our limited parking, should be viewed as your guarantee that this clinic will not depart from its expressed intent to be quiet , to keep a low profile , and to be residential in delivery of services . C . I would hope that in your future inspection of our office that you will come to realize how small the building is and the limitations it naturally provides for our practice . I can assure you that this building will never increase in size to present overuse , implicitly noted in your concern. III . "Inadequate parking that has caused parking on thc streets" : I am of the opinion that we have adequate parking for our • clinic . However, your concern about on-street p.i rk i ng j .,, one that we also share . As you know, the special otic' permit specifically prohibits on the street parkin, and we attempt to monitor this in all our patients. Howover , there are instances of on-street parking that appear to fall within one of three categories : 1 ) Winter/seasonal instances where ice conditions or delayed snow removal prevents negotiation of the sma11 hi11 into our parking area . During such timew:, , patients have elected to park on the street . 2 ) Patients who appear to be phobic about parking ,ind resist parking anywhere that requires backii►g uO ur jockeying into a small area to park. 3 ) Patients who come in large vans or campers ani why park in such a manner to prevent others from t,tili - zation of the parking area . These however are usually only instances anti we .tt t c• - I t to monitor and hopefully avoid thea with our p11t i ( pit . In a recent conversation with Mr. Nasim Qureshi , the Fridl (.%, Cite Manager, he proposed the posting of no-parking signs along th,- eastern edge of the frontage road and adjacent to the 7599 Uni - versity Avenue site . I am not adverse to that and would welcunC it as it would lessen our need to continue to monitor on-street parking. I hope these comments and clarifications can provide the basis for the resolution of your concerns and provide assurance to you of my continuing wish to maintain goodwill with my neighbors and to respond promptly to situations that are in need of reasonable re- mediation or attention. Sinc rely,• - Jame H. Gilber son, Ph.D. Licensed Consulting Psychologist JHG/jl cc : Mr. Nasim Qureshi I l ' toSpecialistsB havi r In rvention N / e o �. 7599 UNIVERSITY AVE.N.E.,FRIDLEY,MN 55432 780-4762 December 29 , 1983 Mr. Ron Gabrielson 310 Osborne Road Fridley, Minnesota 55432 Dear Mr. Gabrielson: 5�l On December 21 , 1983 , I met with Mr. Deblon of the Planning Department and the City Enginner, Mr. Flora. I reviewed with him the various complaints treat I had received regarding on-street parking and the current business sign. After our discussion, I offered a compromise to change my sign to an announcement that I hope will avoid your concerns and objections . The sign will be as follows : ' . 75qq8" lG OF MINNESOTA 1"1 IMESH. r 'L_,,f- J,� X7'1 D� r , IKEnsej Consulfint z:0 JAMES H.GILBERTSON,Ph.D. DIRECTOR I will continue to have the sign illuminated during certain hours , but am planning to add additional light baffles and will contract for landscaping of the sign area when the ground thaws in spring to provide an attractive, light shielding surround for the sign area . Those two improvements should prevent any unwanted illumination or glare on the east side of your home . We also discussed no-parking signs on the street , and they will be installed sometime in the spring. I hope these modifications will restore your confidence in my wish to remain amicable and responsive to the neighborhood. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist ✓CC: Mr. Deblon JHG/l b -CLINICAL AND FORENSIC PSYCHOLOGY- EVALUATION,THERAPY AND EDUCATION � p )R7kOwm AAenue South N/Vy esota 55435 1612)831-8829 ag 1/23/84 r Ron Gabri.elson 310 Osborne Road Fridley, Minnesota 55432 t De;a,r Mr. Gabrielson, I have made an exterior inspection of the above referenced property. This inspection was for the purpose of entering an opinion as to whether the sign located on the west adjacent property would have any detrimental affect on the subjects marketability. Property compatibility is considered desirable in order to maintain stable values. It is my opinion that a psychology clinic is not comp-- `atible with single family homes. Assuming that there would not be an abnormal amount of traffic entering and leaving the clinic, the sign would be the.. mos.t obvious—indicator of the presence of the clinic. This sign also refers to the types of psychological services offered-"clinical" and "forensic". Such terms are vague and might e6L5ily be misunderstood or questioned as to their meaning by potential buyers. This type of uncertainty tends to have a negative impact on the marketability of residential real-estate. it is therefore my opinion that the sign located on the property adjacent yours does have a detrimental affect on the marketability of your prop- erty as a single family home. It :should be noted that a formal appraisal has not been made on the sub- ject property. The aforementioned opinion is based on previous exper- ience in appraising properties influenced by similar market forces. I have enclosed some photographs you may find helpful and a list of my qualifications. Thank-you for the opportunity to be of service. j=fin erely, •L Raymond J. Vandeveer IFA .vav%:id � rxpEitaist_'ts I MJK/MO i Addendum QUALIFICATIONS OF THE APPRAISER Education St. Cloud State University Bachelor Degree in Business Administration/Marketing Course concentration in Marketing, Market Analysis, Statistics and Economics. Required Courses - State of Minnesota Energy Audit Certification Society of Real Estate Appraioers - 101 Appraising Real Property Real Estate Resources - Course I Principles of Owning, Selling and Appraising Real Property ARES School of Real. Estate - Course II Appraising Single Family and Income Pruperties, Evaluationg leases and Assessing Residential b Commercial Properties National Association of Independent Fee Appraisers - Designated Member examination Experience Sales Associate - Realty World Calhoun Realtor Salesman - Hamm Realty Project Manager - DaEx Construction Comlany Residential Conservation Service Energy Auditor Truth in Sale of Housing Evaluator - City of Minneapolis Truth in Sale of Housing Evaluator - City of St. Paul ' Independent Fee Appraiser - Associate Arpraisers Appraisals Accepted by Federal National Mortgage Association and Federal Home Loan Mortgage Corporat on Professional Associations Member - Minnesota Multi Housing Aisociition Member - Greater Minneapolis Area Board of Realtors Member. - Minnesota Society of 11ous Lng Ir spectors Designated Member - National Association of Independent Fee Appraisers Behavior Intervention Specialists 7599 UNIVERSITY AVE.N.E.,FRIDLEY,MN 55432 7804762 March 6 , 1984 Mr. Ronald Gabrielson 310 Osborne Road Fridley, Minnesota 55432 Dear Mr. Gabrielson: I want to bring you up to date on my plans regard- ing the office sign since our Saturday meeting of January 7 , 1984. At that time I indicated to you that I would be willing to : i 1 ) Disconnect the light from the sign 2 ) Modify the sign size and its announcement , and 3 ) Provide for attractive landscaping around the sign area. At this time I am hoping to pursue these changes , weather permitting, on the following schedule : 1 ) I have disconnected the sign as of January ' 10, 1984. OF MINNESOTA 2 ) I hope to have the current sign dismantled by March 15, 1984. 3 ) I hope to have a change in the announcement review ready for your inspection by April JAMES H.GILBERTSON,Ph.D. 1 , 1984. As I indicated to you in our DIRECTOR meeting, I would prefer a sign that would simply state 7599 University Avenue Northeast. 4) I have contacted Pine Gone Nursery in Coon Rapids who will be providing the landscaping and they indicate to me that they will meet with me to plan the landscaping area as soon as the snow melts . They also indicate that planting may begin as early as April 15 , 1984, weather permitting. I will be submitting to you a total plan in order to improve our direct communication and as a continuing wish to maintain a friendly and open posture in the neighborhood. Sincerely, "'� %\�Wv" James H. Gilbertson, Ph.D. r I Licensed Consulting Psychologist JHG/lb -CLINICAL AND FORENSIC PSYCHOLOGY- EVALUATION,THERAPY AND EDUCATION 3 3 �r �D t4w S � i C1/✓��+- ,Q ICS,-v_ C4lt.�� ilr i 1L~ ac t4p- Jl� 0_" U-w mbc '16S 07(, c v IL AddElndum ;Rim QU:,IIFIt:ATIONS OF THE APPRAISER Education St. Cloud State University Bachelor Degree in Business Administration/Marketing Course concentration in Marketing, Market Analysis, Statistics and Economics. Required Courses - State of Minnesota Energy Audit Certification Society of Real Estate Appraioera - 101 Appraising Real Property Real Estate Resources - Course I Principles of Owning, Selling and Appraising Real Property ARES School of Real Estate - Course II Appraising Single Fam_ly and Income Properties, Evaluationg leases and Assessing Residential b Commercial Properties National Association of Independent Fee Appraisers - Designated Member examination Experience Sales Associate - Realt3 World Calhoun Realtor Salesman - Hamm Realty Project Manage: - DaEx Construction Company Residential Conservation Service Energy Auditor Truth in Sale of Housing Evaluator - City of Minneapolis Truth in Sale of Housing Evaluator - City of St. Paul Independent Fee Appraiser - Associate Appraisers Appraisals Accepted by Federal National Mortgage Association and Federal Home Loan Mortgage Corporation Professional Associations Member - Minnesota Multi Housing Association Member - Greater Minneapolis Area Board of Realtors Member - Minnesota Socit•ty of Housing Inspectors Designated Member - National Association of Independent Fee Appraisers S r_ � •e�.�'` ;•. Pte'-. ras: i. i _ • bOC)Rxkrhvn A,erue&Duth to x N*y1e5c4o 55435 b"I)One W)831 8829 1/23/84 I Ron Gabrielson 310 Osborne Road Fridley, Minnesota 55432 Dear Mr. Gabrielson, I have made an exterior inspection of the above referenced property. This inspection was for the purpose of entering an opinion as to whether the sign located on the west adjacent property would have any detrimental affect on the subjects marketability. Property compatibility is considered desirable in order to maintain stable values. It is my opinion that a psychology clinic is not comp- atible with single family homes. Assuming that there would not be an abnormal amount of traffic entering and leaving the clinic, the sign would be the most obvious indicator of the presence of the clinic. This sign also refers to the types of Psychological services offered-"clinical" and "forensic". Sur•h terms aro vague and might easily be misunderstood or questioned as to their moaning by potential buyers. This type of uncertainty tends to have a negative impact on the marketability of residential real estate. It is therefore my opinion that the sign located on the property adjacent yours does have a detrimental affect on the marketability of your prop- erty as a single family home. It :should be noted that a formal appraisal has not been made on the sub- ject property. The aforementioned opinion is based on previous exper- ience in appraising properties influenced by similar market for,�-.es. I have enclosed some photographs you may find helpful and a list of my qualifications. Thank-you for the opportunity to be of service. A rely, Raymond J. Vandeveer IFA Associate Appraisers ^1JK/"0 CSC_, CY�� � �� `�—•e'er _��,,%►'�. -� � , j�uy cam. �- ..:�-�-� cy 1p � Q 0. s�Qf _J'"z-.����✓�-�-cam'�` ���� ��n�.�� �Yk� • s�y 301 l To Fridley City Council Members : William Nee Dennis Schneider Robert Barnette Edward Fitzpatrick Edward Hamernick FROM: James H. Gilbertson, Ph.D. SUBJECT: Review of Special Use Permit SP#80-11 on May 7 , 1984. On May 7 , 1984, you will be reviewing my Special Use Permit SP#80-11 - "a counseling clinic at 7599 University Avenue Northeast" . As you are aware , this is a special review as my next scheduled review is not until November 1985 . It is my understanding this review was prompted by the continued complaints of Mr. Ronald Gabrielson who resides at 310 Osborne Road, a resident east of and adjacent to my property at 7599 University Avenue Northeast . I consider it unfortunate that City Council time need be spent on resolving Mr. Gabrielson' s and my dispute . I have felt we were making progress to its resolution on an informal basis . In fact , as of late , Mr. Gabrielson said he was "satisfied" with my modifications . For your perusal I have included a chronology of this clinics operation and my attempts to be responsive to Mr . Gabrielsons concerns . I have also included additional attachments which are : 1 . A notorized signature list of all other neighbors in my Special Use Permit canvassing area who attest by their signature that they have no complaints with my current Page 2 sign or office operation. ( see exhibit 7 ) 2 . A current appraisal that counters Mr. Gabrielson' s appraisal opinion. (See exhibit 8) 3 . Traffic arrival and departure data based upon fifty random patients to show traffic flow; and traffic parking data based upon total office patient figures drawn from April 1 , 1983, to April 1, 1984. ( See exhibit 9 ) 4. A letter of intent submitted by Pine Cone Nursery for needed landscaping. (See exhibit 10) 5 . A photograph of the current sign in place . (See exhibit 11 ) 6 . A review of my compliance with each and every City Council stipulation on my Special Use Permit . I will be in my office from 12 : 30 until 2 : 00 on Saturday, May 5, 1984. I would encourage you to make an on-site visit to the office at that time so you might be able to see the interior of the building and raise any questions you might have regarding this operation. I also will be available during the weekend for any questions you might have were you wishing to call . My home phone number is 571-9002 . Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/lb CHRONOLOG Chronology of Counseling Clinic at 7599 University Avenue Northeast. November 1980: On November 17 the City Council approves Special Use Permit SP#80-11 for "counseling clinic at 7599 University Avenue Northeast" . Five stipulations are set forth at that meeting. (See exhibit 1 ) June 1981 : A concrete parking area was built adjoining the home on the South side of the property for patient 'c parking. 4. November 1982 : On November 8 the City Council ; favorably reviews the Special Use Permit and gives approval for sign construction. In addition to three other stipulations , the City Council schedules the next review hearing for November of 1985. Construction begins on the sign. (See exhibit 2) December 1982 : Mr. Gabrielsons first complaint that the light from the sign illuminates his house preventing sleep. He also expresses concern about the sign proper; and its potential to reduce his property value . January 1983 : Modifications in the sign' s illumination are made and a letter drafted to Mr. Darrel Clark setting forth my response to Mr. Gabrielson' s concerns . (See exhibit 3 ) May 1983 : More fencing is added on the Eastern side of the parking area to reduce illumination and to serve as a noise baffle from the service road and parking area. August 1983 : Mr. Gabrielson in an office visit expresses further concern over the sign and on-street parking. Chronolog Page 2 August 1983 : I respond to Mr. Gabrielson' s concerns by letter; a carbon copy is sent to Mr. Qureshi . (See exhibit 4) August 1983 : I have a telephone conversation with Mr. Qureshi regarding Mr. Gabrielson' s concerns . Mr. Qureshi recommends that No-Parking signs be placed on teh Western frontage of the property adjacent to the service road. I concur with such. November 1983 : I hold an open house for all neighbors to solicit their opinions and potential critiques of my office operation. Mr. Gabrielson and one other neighbor who is favorable to my operation appear. December 1983 : I meet with Mr. Deblon and Mr. Flora to try to trouble shoot Mr. Gabrielson' s complaint. On the basis of that meeting, I agree to change the sign as set forth in my letter to Mr. Gabrielson of December 293 1983 . (See exhibit 5 ) January 1984: On January 7 I meet with Mr. Gabrielson to review our positions . Mr. Gabrielson continues to object to the sign and my offering of my letter of December 29 . He is against any sign that would state "Licensed Consulting Psychologist" . I verbally agree at that time to make further changes on the sign; reduce the shape of the sign, its sign content , and the illumination. January 1984: On or about January 18 Mr. Gabrielson obtains an appraisal opinion regarding the sign and its relation to his property. March 1984: I set forth in a letter my decision on the nature of the sign size , content , and illumination as well as plans for landscaping. (See exhibit 6 ) Chronolog Page 3 March 1984: Mr. Gabrielson submits his appraisal opinion to Mr. Flora with request for City Council review. March 1984: I visit with Mr. Flora who notes the issue will be brought forth for council action. An agreed upon date is May 7 , 1984. March 1984: I submit to Mr. Gabrielson a copy of the plans for landscaping the sign and the property area. April 1984: I personally canvass the community and find no neighbor, othe than Mr. Gabrielson, critical fo my sign or practice and willing to attest to such via their signature on a notorized petition. I find several neighbors very critical of Mr. Gabrielson. (See exhibit 7 ) April 1984: I secure a second appraisal opinion. (See exhibit 8 ) May 1984: I submit to each member of the City Council pertinent information regarding my attempts to rectify Mr. Gabrielson' s concerns . STIPULATIONS OF THE SPECIAL USE PERMIT 1 . There will be no on-street parking. Compliance and Action Taken: A parking area was built adjacent to the office in June of 1981. We continually monitor on-street parking in this clinic . We recommend that No-Parking signs be placed on the westerly property line adjacent to the service road. 2 . The size of the clinic will be limited to the existing structure . C Compliance and Action Taken: The existing structure of the home has remained intact . There has been no additional building or modification of the exterior or interior of the original structure. 3 . The petitioner shall work with the city staff on landscaping an�Tc. exterior sdevelopment . Compliance and Action Taken: Work with the city has been continuous and plans submitted for landscaping and exterior changes , ie : fencing; landscaping. 4. This Special Use Permit shall be reviewed in two years . Compliance and Action Taken: This Special Use Permit was favorably reviewed on November 15, 1982 , with the next regularly scheduled review set for November 1985 . 5 . The city staff will work with you to design the size of sign a location on the property. Compliance and Action Taken: A sign permit and sign design was presented to the City Council for their review on November 8 , 1982, and approved. On November 8 , 1982 , the Fridley City Council extended my Special Use Permit and assigned the following stipulations : 1 . Improve the drainage area. Compliance and Action Taken: Original drainage problems occurred because of the new construction of the parking area in June of 1981 , and subsequent heavy rains . This was corrected by backfilling and by replacement of necessary sod. To my knowledge there has not been a recurrence of the draingage problem. Stipulations of the Special Use Permit Page 2 2 . Need more landscaping on the property. Compliance and Action Taken: Plans have been submitted to the City Engineer and a letter of intent has been secured from Pine Cone Nursery to landscape both the sign area and the area around the fence on the western edge of the property. 3 . Extend the fence on the East side of the property. Compliance and Action Taken: ' An additional length of fence was completed in May of 1983 that reduces both headlight illumination and sound from the service road and parking area. 4. The Special Use Permit has been extended for three years . Compliance and Action Taken: Agreed. 5 . Sign is allowed as long as you use the property at 7599 University Avenue and must come down it there is a new tenant . Compliance and Action Taken: Agreed. ® CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 November 20, 1980 CITY COUI C'Ii_ AC?):0i"I_TAKEN NOT ICC James H. Gilbertson 6801 Channel Road N.E. Fridley, MN 55432 Dear Dr. Gilbertson : On November_17 1980 -- s the Fridley Cii.:y Council zrproved your request 'rcr' SP.�$Q=-.11�t2�]J�>��n_Aut patielLt-r_l..iaac-at--7599 University V,,Ith the si-.ipultatiol?s listed t)rlow: Avenue N.E. 1 . There be no on street parking. 2. The size of the clinic will be limited to the existing structure. 3. The petitioner shall work with the City staff on landscaping and exterior development. 4. This Special Use Permit shall be reviewed in two years. 5. The City staff will work with you to define the size of sign and location on the property. 7i yCy have any cidestiortS ciO,Jt' :IcLiol^, plr'asf' C:1il V f'Utlli.y 'J(. Iop"IeTiT li?'iit.. 4C.i u Sincerely, tj Jt_u,lde City Planner Ple,,,se review the noted stipulations; sign the statement below, and retu% n L)ne ropy to the City of Fridley. (:tt?'C. .Jit.h ��IC► t<tt.�'.eY1. .___ . t N r CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA $5432 TELEPHONE ( 612)571.3450 CITY COUNCIL November 15, 1982 ACTION TAKEN NOTICE X14 James H. Gilbertson 6801 Channel Road N.E. . Fridley, Mn 55432 On November 8, 1982 the Fridley City Council officially approved your request for extension of Special Use Permit, SP #80-11 , and a sign with the stipulations listed below: 1. Improve the drainage area. 2. Need more landscaping on the property.`` 3. Extend the fence on the east side of the property. ,*" 4. The Special Use Permit has been extended for three years. , 5. The sign is allowed as long as you use the property at 7599 University, must come down if there is a new tenant. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. ;Sinrely, LD L. OAR N JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. r Concur with action a �en. 3 January 3 , 1983 Mr . Darrel Clark ' Planning Deft '. zoning and Offices City of Fridley Avenue N.E 6431 University 55432 Fridley , Minnesota installed sign at E' Newly Avenue N • RE: 7599 University 55432 Fridley , Minnesota the newly Clark: faint regarding ad �a- Dear Mr - a complaint is immediately 27 , 1982 I received Mr , Gabrielson s On December by Mr - Ron Gabrie my property • 55432; his installed sign Minnesota e ° the northeastern Road , Fridley , cent to 310 Osborne address is is 786_9064. sign about the phone number was upset that no tdhat he I had promised kiting indicated noted that g) the lig Mr . Gabriel son A� he and; bedroom window on that corner , his for two reasons , expressed concern be erected spills and illumie also sign would home . He of the sign which for that s1-gn over because side of his the western of property value on loss of a counseling center • about the the presence I phoned him on indicated complaint , him. I indicated Gabrielson' s er with no sign would In response to Mx discussed the matromising that notes and the samenot recall ever Pand, in fact , my for the to him that I did this property hearing on actual public with the be present from the to work telling ever the minutes intention do remember records on indicated my n• to the speci3l. use permit riate sig special for an aPP d them prior not be commer- city of rridley canvas e could any garish, neighbors when I because the property about the that have to worry permit application would not an eyesore• rezoned that they represent does cially n that might founded. There ht neon-lit sig is well the lig camplaint directed beam °f Currently Gabrielson' s second from the his home• Mr • to an oversPthe side °f cell it does 90 0 appeardpeS billuminate a photo-electric so Ih have that light on 3 January 35 1983 Mr . Darrel Clark ' Planning Zoning and Dept ..Offices City of Fridley Avenue N.E 6431 University 55432 Fridley , Minnesota Newly installed sign at RE: Avenue N .E. 7599 University 55432 Fridley , Minnesota Clark: complaint regarding the newly Dear Mr . comp adja 1982 I received a who is immediately Ori December . 27 , Mr . Gabrielsohis is by Mr , Ron Gabrie meson roperty • 55432; installed sgn, Minnesota cent to the north Road , o Fridley , address is 310 Osborne is 786-9064. the sign phone number was upset about no indicated tdhat h that I had promised that noted g) the lighting Mr . Gabrielson A) he and; window for two reasons; on that corner , his bedroom sign would be erected lis and illuminates expressed concern s; gn oversp home. lie also n which for that side of his because of the sig ori the western of property value center • about the loss of a counseling the presence I p'noned him on indicated complaint , I indicated Gabrielson' s with him. resp matter sign would In response Land Mr . discussed the promising that no notes and the same day not recall ever and, in fact , my for the to him that I did ro erty public hearing the be present on this P P work with ever from the actual P to telling ori the minutes intention tiol do remember records use permit indicated my ti1e special. use special a ropriate prior to them P could not be commer- cpty of Fridley��n In carie assedthe property arish, the neighbors that because worry about any g" lication would not have to permit aPP resent an eyesore. cially rezoned that they rep There does neon-lit sign ti1at might is well founded• faint beam of the light � s second camp the directed Currently Mr . Gabrielson oversPil from side of his home • appear to be an west cell so it does go on that does illum n ton a photo-electric I have that lig James H. Gilbertson, Ph.D. 7599 University Ave . N.E. Fridley, Mn. 55432 August 31 , 1983 Mr. Ron Gabrielson 310 Osborn Road Fridley, Mn. 55432 Dear Mr. Gabrielson: Hy office informed me of your recent office visit on August 26 . As you are aware , I was out of the country on vacation at the time . I attempted to contact you by phone when I returned to the office on August 29, but there was no answer at your home . I certainly am most willing to meet with you to discuss your concerns , to answer any questions , and to respond to any complaints you might have regarding this clinic operation. Further, I have instructed my secretary to plan for an open house for the neighbors that will occur later in September. I believe it would be helpful for others to visit our premises and acquaint themselves with our operation. At that time , there would be an opportunity to answer any questions regarding the operation and to hear the concerns and impressions of others . January of 1984 will be the fourth full year of this clinic ' s operation and I believe there has been no material change in our scheduling, the amount of traffic generated , nor in our continuing wish to maintain rapport and goodwill in this community. I thought it might be appropriate to provide you with the following information and clarification that may answer some of your concerns but will , at least , provide a starting point for our direct discussion. I . The sign installed in December 1982. : 1 ) I received your complaint of December 27 , 1982. You will note that I attended to the pertinent issues as I saw them and I hoped they were received with satis- faction. 2) I assumed that in not hearing from you, that my ef- .forts to reduce illumination on your .home had in fact been successful. 3) I- cannot .comment on the presence of this sign under- mining or undercutting the actual property of your home. r Mr. Ikon Gtii>171e1son -2- August 31 , 1983 a . I have found, as others have found , the sign to be tasteful and designed to blend into the sur- roundings of this corner lot . b. There are still landscaping improvements that we plan to execute this fall , which will only serve to beautify the area. 4 ) In the construction and installation of this sign , I followed all council and zoning dictates , specific- ally: a . Indicating my intent to have a sign in t11e orig- inal public hearing for the permit in November • of 1979 . b. The presentation of .the actual. plans for t Ilk- at eat a public hearing for the sign in Novomber of 1982 . C . Constructing the sign within the square footage limitations as authorized for residernt i a I prop- erty. d. Following all codes regarding electrical instc11 - lation and illumination. e . Special installation of an autoillat i c• t i llwl- i n response to your concern and compl ,i i nt i)1 Dcrcembe r 1982 . Ti . "Several new doctors operating in this buil dire " . I am the only full time professional in this office A - though, 1 have two part-time associates who provide : l. ) Back-up services for me when I am out of the office . 2 ) Vacation and sick coverage . 3 ) The emergency services to patients when I heave been booked or am not available . 4) I am the only professional in the office during three days of the week and the other part-time personnel share one or two days weekly. Their addition to traffic,, is usually only one car hourly during the four to five hours that they are - presenG` here. There are never more than myself and a part-time associate in this office on any, . shared day. 5) As you are':.certainly `aware, ,the constraints of ; a. the council prohibition regarding the exterior n"i nvapmPnt of this building, -3- b and our Iimited larking, should be viewed 1S yuuc_ guarantee that this clinic will not depart from its expressed intent to be quiet , to keep a low profile , and to be residential in delivery of services . C . I would hope that in your future insI)CCt i oi► of our office that you will come to realize how small the building is and the limitation~ it naturally provides for our practice . I can assure you that this building will never increase in size to present overuse , implicitly noted in your concern. II1 . "Inadequate parking that has caused parking on the streets" : I am of the opinion that we have adequate parking for our • clinic . However, your concern about on-street parkin; is one that we also share . As you know, the special use permit specifically prohibits on the street parking and we attempt -to monitor this in all our patients. However , there are instances of on-street parking that appear to fall within one of three categories : 1 ) Winter/seasonal instances where ice conditions or delayed snow removal prevents negotiation of the small hill into our parking area . During SLICK t i mW>s , patients have elected to park on the street . 2 ) Patients who appear to be phobic about parking and resist parking anywhere that requires backing up or jockeying into a small area to park. 3 ) Patients who come in large vans or campers .arid who park in such a manner to prevent others from utili - zation of the parking area. These however are usually only instances and we attempt to monitor and hopefully avoid them with our patients . In a recent conversation with Mr. Nasim Qureshi , the Fridley City Manager, he proposed the posting of no-parking signs along the eastern edge of the frontage road and adjacent to the 7599 Uni - versity Avenue site. I am not adverse to that and would welcome it as it would lessen our need to continue to monitor on-street parking. I hope these comments and clarifications can provide the basis for the resolution of your concerns and provide assurance to you of my continuing wish to maintain goodwill with my neighbors and to respond promptly to situations that are in need of reasonable re- mediation or attention. Sinc rely, • • Jame H. Gilber son, Ph.D. T i nnncnti C nnciil ti na Pcvrhnl not 4z t- Behavior I Specialists 7599 UNIVERSITY AVE.N.E.,FRIDLEY.MN 55432 780.4762 December 29 , 1983 Mr. Ron Gabrielson 31.0 Osborne Road Fridley, Minnesota 55432 Dear Mr. Cabrielson: On December 21 , 1983 , I met with Mr. Deblon of the Planning Department and the City Enginner, Mr . Flora. 1 reviewed with him the various complaints that 1 had received regarding on-street parkin; and the current business sign. After our discussion, I offered a compromise to change my sign to an announcement that I hope will avoid your concerns and objections . The sign will be as follows : 1 . 7 M% 5qq 8N OF MINNESOTA DeJAMES lbeetsor, opN ICet►Sed NI In �•N JAMES H. GILBERTSON,Ph.D. DIRECTOR I will continue to have the sign illuminated during certain hours , but am planning to add additional light baffles and will contract for landscaping of the sign area when the ground thaws in spring to provide an attractive, light shielding surround for the sign area . Those two improvements should prevent any unwanted illumination or glare on the east side of your home . We also discussed no-parking signs on the street , and they will be installed sometime in the spring. I hope these modifications will restore your confidence in my wish to remain amicable and responsive to the neighborhood. Sincerely, James H. Gilbertson, Ph.D. Licensed Consulting Psychologist CC: Mr. Deblon Behavior Intervention Spe' cia,l.i.sts 7599 UNIVERSITY AVE.N.E.,FRIDLEY,MN 66432 7804762 March 6 , 1984 Mr. Ronald Gabrielson 310 Osborne Road Fridley, Minnesota 55432 Dear Mr. Gabrielson: �r I want to bring you up to date on my plans regard- ing the office sign since our Saturday meeting of January 7 , 1984. At that time I indicated to you that I would be willing to : 1 ) Disconnect the light from the sign 2 ) Modify the sign size and its announcement , and., 3 ) Provide for attractive landscaping around the sign area. At this time I am hoping to pursue these changes , IL weather permitting, on the following schedule : 1) I have disconnected the sign as of January 10, 1984. OF MINNESOTA 2) I hope to have the current sign dismantled by March 15 , 1984. 3 ) I hope to have a change in the announcement review ready for your inspection by April JAMES H.GILBERTSON,Ph.D. 1, 1984. As I indicated to you in our DIRECTOR meeting, I would prefer a sign that would simply state 7599 University Avenue Northeast . 4) I have contacte2 PiiFe Cone Nursery in Coon Rapids who will be providing the landscaping and they indicate to me that they will meet with me to plan the landscaping area as soon as the snow melts . They also indicate that planting may begin as early as April 15 , 1984, weather permitting. I will be submitting to you a total plan in order to improve our direct communication and as a continuing wish to maintain a friendly and open posture in the neighborhood. Sincerely, James H: Gilbertson, Ph.D. Licensed Consulting Psychologist JHG/lb -j-jr1ley City Council.. : Mir . W-M .- am J . Nee , Mayor i`ir. '-(obert L. Barnette Mr. Dennis Sc:�rre i<.ier "r. `?dward Hamerni.k Mr. i'dward Fi 1, zp.i'Lrici: E : --!view of Special Use Permit SP#80-11 : Counseling Clinic at 7599 University Avenue N. E. Gentlemen: 'rJe the undersigned Lave no complaints regardi-n;; the counse-lin clinic practice , or the si8,n at: 7599 iJni_versit.y Avenue N. ... ;Larne Address Phone 6%-13 _ 13 l 7 y 4w y- 3 79� 5399 :Aar �?.l. 7Fy- 3cl 3 jAAAAjAAA �f(� l eseman JUDITH L LESEMAN r 140 Notary Public i� NOTARY A EY COUNTY 90, _qnG 2535 CENTRAL AVE.N.E.•MINNEAPOLIS,MN•(612)789-4311 IIESIOENTIAI Jerry Forsythe SRA-IFAS .COM MEP GIAI Member_Society of Rea!Estate Appraisers '1NDUSTRIa Six Experienced Appraisers to Serve You Ron Lachenmayer Charlotte Forsythe • Richard Forsythe Mary Forsythe Tim Forsythe SRA • April 27, 1984 zs Dr. James H. GilnNortheast 7599 University Avenue Fridley, Minnesota 55432 Dear Dr. Gilbertson: As requested,uested, I have inspected the exterilodrleof the subject property located at 7599 University Avenue Northeast in Fry. i s to offer any opinion as to the particular ar ect your any clinicmay mit The purpose I have on the adjoining residential property. P by Ron may have on the property located at 310 Osborne of University Avenue and Osborne y - location - southeast corner Gabrielson Road in Fridley, which adjoins the subject to the east. I am the owner of raisals, Inc.", employing ten full time appraisers. We are averaging ForsythePpOVe300 professional appraisals each month, many assignments are in Fridley. We are very familiar with the subject area. IN MY OPINION—1—HERE ARE NO DAMAGES FROM THE CLINIC IS USED THE SUBJECT IS A NEAT APPEARING S IBRICK RES ENCE TWOODENSIGN FACING AS A MEDICAL CLINIC THE THE CORNER : 7599 LL1nlv¢raiiq AVS-- N-6 I SEE NO DETRIMENTAL AFFECT TO THE NEIGHBORING RESIDENTIAL PROPERTY , ' IN FACT THE SUBJECT FITSTHREI MUCHSBETTER WITH RESIDENTIAL USE THAN THE OTHER MORE THAN 20 YEARS FULL APPRAISAL SERVICE AND STILL GROWING! id f do OiRh1 _tEif��ft�G_ I.DAT ot u� t _ I Cup. . AV A. CHAR$_Hr01+1'"Y_.. m .o 1 T1 s. rad'CN c�o� 933 r' n �4. �eao•sse �c.�coa•c f r�vr� �xeau�li.+cld aKd 7>lan� �ca.rr� ��s�c $crnctat�C, 'I+c.�au�t� April 30, 1984 Dr . James Gilbertson 7599 University Ave N . E . Fridley , Mn . 55432 Dear Mr . Gilbertson ; This is to confirm your purchase of a landscape plan to be installed the week of May 7th at the above address of which a down payment of one fourth of the total cost has been received . Sincerely . Kevin Gilbertson PINE CONE NURSERY , INC. KG:ng .9.900 17e4e# �lr.�., 71.N/. 6"w R4A,4.l4, jX es��w+i ! 55433 6!Y / T14-3096 ,1 r PF �1 v .-214� }. 7599 UNIVERSITY AVENUE J. i, •M . Sign 11 C CIZYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 17, 1984 TO WHOM IT MAY CONCERN: On May 7, 1984, the City Council of the City of Fridley will be reviewing a Special Use Permit, SP #80-11 , by James H. Gilbertson, which allows a counseling clinic at 7599 University Avenue N.E. This meeting will begin at 7:30 p.m. in the Council Chamber at the Civic Center at 6431 University Avenue N. E. Anyone who wishes to speak on this matter may be heard at the above stated time and place. You may call the City Manager' s office on Monday, May 7th, to find out where this item is on the agenda. 571-3450, extension 150. WILLIAM J. NEE MAYOR Behavior Intervention S 7599 UNIVERSITY AVE.N.E.,FRIDLEY,NMI 55432 780-4762 (J October 30, 1985 Mr. John Flora City Engineer City of Fridley 6431 University Avenue N.E. Fridley , Minnesota 55432 Dear Mr. Flora : As I spoke to you somewhat briefly in our recent conversation at Anoka County Court, I have trans- ferred �hry offices from 7599 University Avenue to 7,162 University Avenue . This move was scheduled for on or about November 1 , 1985 , but was moved up to the weekend of October 25 - 26. I am turning thatproperty into single family rental property , and my son has moved in as the renter. OF MINNESOTA For that reason' �'I am no longer in need of a special use permit . I also will dismantle the sign that resides in the northwest corner of that property. JAMES H, GILBERTSON,Ph.D. DIRECTOR This decision to move Ty office removes a great weight from me because of the close scrutiny I enjoyed, primarily by neighbors , during my operation. I also want to thank you, the planning staff , and city counsel members for your advocacy and fair dealings with me over my troubled interaction with the neighborhood . As I noted for you in our recent conversation, my special use permit would be coming up for reconsideration in November of 1985 . I am not requesting that be renewed, and if this demands any special presentation other than this letter or actual attendance at the city counsel meeting, please notify me . Thank you again for your consideration and coopera- tion in this matter. . cerely , OA► q Jam s H. Gillierfson, Ph.D. Licensed Consulting Psychologist -CLINICAL AND FORENSIC PSYCHOLOGY- EVALUATION,THERAPY AND EDUCATION CITY 0;= F-MOLEZY, 10JECT IVIIr1+r'ie —90TA a COMMISSION APPLICATION s REVIEW Ucp rncnI/ rs on Numuer I ttev �'�9� Approved by Uoto FILE NO/ ADDRESS FILE DTE � J COMPLETE REVIEW CHECKLIST =-� �l� '� l� S '— RE-TURN TO PLANIN � ���� y DuE rE COMMENTS "1 71'oty r ry C441 � � s -7-4, 5 a -�— O S 6 0 R N E -= Cw s -r) 11 E CENTER TS/.AA)D OS 8 0 R N E Rd' (E A S T}--� jD 40 � Id C --- - G _Q �� C m U Z N < � N rn �i ° rn --- w C n ----- 3 -4-, 0 ti -� � 33 1D < EXISTING DIVE-WAY F -� cosi Cq o � o P. rl a� f, f e.z�a- i _ N , is �lTa �b fo tot b c,EssA y • -T ACK J t 74 ?9 w r b 30, R. 24 OFU,MR•r6 as YY 11O.,r +.,w..+e w ro■gnaw.ra. 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SP #80-11 7599 University Dr. James Gilbertson — OS 13 0 R N E -= (WE� 5T) CEWrER X5LAND O S 8 0 R N E Rd' CE R s T O 0 jD �-C (ID 70 43 w cn M G rn A C d O rn a 70 CA CR C EX t STING D�VE.WAY LTi 'O \i n jwO O .o i a 0 3 d 44, -p n T \J n m CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 29, 1980 TO ORDER: Chairma arris called the October 29 , 1980, Planning Commission meeting to order at p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Treuenfels , Ms . Schnabel (arr. 8:00 p.m. ) , Mr. Svanda, Mr. Kondrick, Mr. Wharton, Mr. Oquist Members Absent: None Others Present: Jerrold Boardman , City Planner Dr. Bob Wilson, 7566 - 4th St. N.E. Mr. & Mrs. Robert Blosky, 305 - 76th Ave. N.E. Dr. James Gilbertson,6801 Cnann Road APPROVAL OF OCTJBER 8, 1980, PLANNING COMMISSION MINUT "S.: MOTION BY MR. OQUIST, SECONDED BY MR. TREUENFELS, TO APPROVEVi °ed OCTOBER 8, 1980, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL NNG AYE, CHAIRMAN HARRIS DECLARED = MOTION CARRIFD UNANIMOUSLY. 1 . PUBLIC HEAR-NG: REQUEST FOR A SPECIAL USE PERMIT SP #80-11 ,N, BY JAMES H. GILBERTSON: To allow an out-patient counsle-ting- is with small adjacent parking lot on Parcel 1100 in the North Half of Section 11 , per Section 205.051 , 3, f, of the Fridley City Code, the same being 7599 University Ave. N.E. MOTION BY MR. WHARTON, SECONDED BY MR. TREUENFELS, TO OPEN THE PUBLIC HEARING ON SPECIAL USE PERMIT, SP #80-11, by JAMES H. GILBERTSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:42 P.M. Mr. Boardman stated a rezoning request for this property was brought before the Planning Commission on May 1979 At that time, the rezoning request was for CR-1 (general office building, clinic, lawyers office, retail office, etc. ) . At that time, the Planning Commission recommended denial of the rezoninLrequest, and the application was withdrawn before it went on to City Council . Mr. Boardman stated this time the petition is for a special use permit to use the property as a psychiatric clinic for out-patient family counseling. Because the property is R-1 , this type of clinic is allowed with a special use permit in an R-'i district. The questions the Planning Commission will have to consider are: If this clinic is allowed, even though it is with a special use permit and can be controlled, what kind ofFrecedent would that have on the residential district itself? Would this special use permit be a viable use for that corner property? PLANNING COMMISSION MEETING, OCTOBER 29, 1980 PAGE 2 Mr. Harris asked if the petitioner, Dr. Gilbertson, would like to make a statement at this time. Dr. Gilbertson stated that he is a licensed, consulting psychologist and is a resident of Fridley. He lives at 6801 Channel Road. His practice is largely a family practice in the sense that he sees approximately 60% children and 40% families or adults. His business profile is extremely low. He thought that perhaps it was even more limited than one would expect from a residential house being used in that fashion. He stated he had calculated some figures for the Planning Commission to consider. From Oct. 1979 - Oct. 1980, he saw a total of 242 patients for one calendar year. The number of contacts on those 242 patients were 970. He averages approximately 20-25 hours of office work a week. The rest of his time is spent in consulting at various agencies--Unity Hospital , Family Life Center in Anoka, North Memorial in Golden Valley, and two hospitals farther southwest. Dr. Gilbertson stated he bought this property with the intention of trying to see if the City of Fridley would look favorably upon a special use permit for a clinic operation that would have a very low profile. Dr. Gilbertson stated he went through the entire application for the rezoning to CR-1 and was aware that it was a contested piece of property, that there was presented i;-, favor of rezoning the notion that it does sit on two busy streets and is a very noisy place for residential . He was also aware that. the Planning Commission had been concerned for three reasons : (1 ) in the City Charter, they did not wish to spot rezone; (2) the traffic issue ; and (3) there was a good deal of neighborhood opposition in the form of a petition. Dr. Gilbertson stated that as the property owner, he would be using the two bedrooms as off';ces no more than 25 hours a week. That averages out to less than 8 patients a day. He schedules patients for one hour or for two hours if he is testing a youngster. That would place the traffic at about 6-8 cars a day which he did not believe was a great volume, and he did not think it would annoy the neighborhood or cause any kind of congestion. Dr. Gilbertson stated he grew up in the Spring Lake Park area so he knows the area well . He would not be an__absentee person, As a professional , he felt he was bound to abide -by the professional standards of conduct. Seventy-five percent of his clients are Anoka County people, so in terms of community benefit, in terms of the outlay of services and outreach of services to this community. as well as other communities in Anoka County, he could say he is fairly responsive. Dr. Gilbertson stated that from the mailing list he received from the City, he went on a house-to-house canvass of those people who were within 250 feet of the property to solicit their questions and concerns and to explain to them what he had in mind for the- property. He stated he was pleased in that fie did not receive the same kind of opposition or resistance that was apparently visited upon the commercial rezoning application. He stated he had stressed at that meeting the points he had already stressed that evening: (1 ) That it would be a very low profile, (2) That he is a Fridley resident, (2) There would be no traffic congestion, and (3) There would be no structural changes to the building as it now exists. "t " PLANNING COMMISSION MEETING, OCTOBER 29, 1980 PAGE 3 Mr. Oquist asked Dr. Gilbertson where his office was at this time. Dr. Gilbertson stated that he basically has three offices at this time. One office is at his home at 6801 Channel Road, he has a very small office at North Suburban Pediatric Clinic, and maintains some office space in the Center for Health Asse,,sment and Treatment in Golden Valley. He would like to bring these together and have one central office in this area. Mr. Boardman asked Dr. Gilbertson if he had a secretary or receptionist. Dr. Gilbertson stated he hoped to hire a part-time secretary. He is in solo practice with no partners and would be the primary occupant of this building. Mr. Svanda asked Dr. Gilbertson if he planned on putting up any signs. Dr. Gilbertson stated that, typically, he has not had to use signs before. At his home off-ice, he has a sign approximately 2 feet by 16 inches. He thought he would like to have a larger sign than that on the corner where Osborne and University intersect. Mr. Svanda asked if Dr. Gilbertson had considered any additional landscaping around the parkingarea. Dr. Gilbertson stated that he understood that it was part of the City' s mandate that parking shouid not be visible from the street. He stated that on the southern boundary of his property that he shares with Mr. & Mrs. Blosky there is a fence that is need of repair. That could certainly be fixed. There is no existing fence or shrubs indicated in his drawing on the western side of the property so that would have to be added. Mr. Harris asked if anyone in the audience would like to speak to this item. Mrs. Robert Blosky, 305- 76th Ave. N.E. , stated Dr. Gilbertson's use of the property was fine with them. They would like to see something go in there as the place is beginning to run down. Dr. Bob Wilson, 7566 - 4th St. N. E. , stated he is a psychologist with the Columbia Height-s Schools. He stated the Dr. Gilbertson is widely recognized for his work, his work is excellent, and he would be a credit for any community. Dr. Wilson stated he is a neighbor several houses away and he would welcome Dr. Gilbertson as a neighbor. It would be an excellent way to use that property. He was concerned also that the property was not being used. (Ms. Schnabel arrived at the meeting at 8:00 p.m. ) Mr. Wharton stated he lives at 6887 Channel Road and has noticed Dr.Gilbertson's sign. He stated that if the traffic on Osborne and University is as quiet as it is on Channel Road, there will be no problem at all . I r�-- PLANNING COMMISSION MEETING, OCTOBER 29, 1980 PAGE 4 , MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING ON SPECIAL USE PERMIT, SP#80-11, BY JAMES H. GILBERTSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Oquist statedha was on the Planning Commission when the request for rezoning came through. He agreed that it was not a good corner for a single family dwelling. This seemed like a reasonable request for use of that property. He did not think it was going to be a problem for the neighborhood and traffic was not going to be a problem. MOTION BY MR. OQUIST, SECONDED BY MR. TREUENFELS, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, _SP_#80,,1]:, BY JAMES H. GILBERTSON, TO ALLOW AN OUT-PATIENT COUNSELING CLINC WITH SMALL ADJACENT PARKING LOT ON PARCEL 1100 IN THE NORTH HALF OF SECTION 11, PER SECTION 205.051, 3, f, OF THE FRIDLEY CITY COPE, THE SAME BEING 7599 UNIVERSITY AVENUE N.E, . WTTF..: � S�THAT THE SIZE OF THE CLINIC BE LIMITE)Dj9 ffE EXISTIZy�..Z AN rTHAT THE PETITIONER WORK WITH CITY STAFF ON LANDSCAPING AND EXTERIOR DEVELOPME4LT. Mr. Tre.uenfels stated that since this business dealt with counseling, he would like to see one handicapped parking space. Mr. Boardman stated that could be arranged. Mr. Treuenfels asked Dr. Gilbertson if he was associated with the Central Center for Family Resources. Dr. Gilbertson stated he is an on-site consultant once a month for the Central Center for Family Resources. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated that SP #.80-11 was recommended to City Council for approval with stipulation and would go before City Council on Monday, November 10. 21ATINUED: PUBLIC HEARING: AMENDMENT TO CHAPTER 205 OF THE FRIDLEY CITY C D LLY KNOWN AS THE FRIDLEY ZONING CODE Public Hearing open. MOTION BY MR. TREUENFELS, SECONDED BY MS. SCH CONTINUE THIS ITEM UNTIL THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CA UNANIMOUSLY. SP #80-11 Dr. James H. Gilbertson Council action - November 17, 1980 Special Use Permit to allow an out-patient psychiatric clinic with and adjacent 6 stall parking lot screened from the street on Parcel 1100 in the NZ of Section 11 , per Section 205.051, 3, F of the Fridley Code, the same being 7599 University Avenue N.E. ; with stipulations that there is no street parking; the size of the clinic be limited to the existing structure; that the petitioner shall work with the City staff on landscaping and exterior development; and the Special Use Per- mit will be reviewed in two years. In addition, the City staff will work with Dr. Gilbertson to define the size of sign and location on the property. 7A CITY OC PRIUUN MEMORANDUM TO: NASI14 QMESHI, CITY MANAGER FRM: F[ENr HILL, BOONMIC MNEI"KW ASSISTANT SUBJECT: SP #80-11 TO ALUM AN OUTPATIENT CLINIC AT 7599 UNIVERSITY AVENUE N.E. DATE: NWMER 3, 1982 On November 17, 1980, the City Council approved special use permit #80-11, to allow an outpatient clinic at 7599 University Avenue N.E. with the following stipulations: 1. That there be no on-street parking, 2. That the size of the clinic be limited to the existing structure, 3. That the petitioner shall work with the City Staff on landscaping and exterior development, 4. That the City Staff will work with the petitioner to define the size and location of signage on the property, and 5. That this special use permit shall be reviewed in two year. Items 1 and 2 have been completed satisfactorily and items 4 and 5 are being reviewed by the City Council on November 8, 1982. Item 3 has been partially completed with the following items to be considered for completion: 1. The drainage break along the southwest corner of the parking area should be back-filled to avoid erosion and undermining of the concrete, 2. Install plantings along the west fence according to the approved landscape plan, and w 3. The existing fence could be extended along the east parking area running north to screen the parking area, headlights and related activities from the property tb the east. Would recommend the City Council review the Special Use Permit and provisions and the request for signage for approval. If additional information is needed regarding this matter, please feel free to contact me. Thank yowl L,4:6.- John Flora, Public Works Director 4/0/26/4 REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 2 FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV ,'80-12, PETITION #10-1930 TO VACATE ALLEY EASEMENTS, BLOCK q, BERLIN A_D_DITION, OWNED BY MINNEAPOLIS WATER WORKS: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarimously. FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV #80-13; TO VACATE ALLEY AVD THREE STREETS, BLOCKS 2, 3, 4 AND 5, BERLIN ADDITION, BURLINGTON NORTHERN: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT, PS #80-02, REGISTERED LAND SURVEY, MINNESOTA TRANSFER RAILWAY COMPANY: Mr. Herrick, City Attorney, stated he has met with several representatives of the various railroads and had a lengthy discussion, and requested this item be tabled until the first meeting in December. Mr. Herrick stated he felt they may have r,2ached a solution, but the company may want some assurances from the City, if the park fee is paid, there wouldn't be another assessment at the time the property is developed. He stated other matters were discussed that seemed reasonaf.ie, however, the representatives wanted an opportunity to go back and talk +o their clients. MOTION by Councilr:oman Moses to table thisitemto the first meeting in Decemoer. Sernnded bv Councilman ScFneirter. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF OCTOBER 29, 1980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #80_-11 0 ALLOW OJT-PATIENT COUNSELING CLINIC WITH SMALL ADJACEF LOT, 7599 UNIVERSITY AVENUE, DR. JAMES H. GILBERTSON: Mr. Flora, Public Works Director, stated this request for a special use permit is made by Dr. Gilbertson to use the property at 7599 University Avenue as a psychiatric clinic for out-patient counseling. He explained this would be a use allowed in an R-1 zone, with a special use permit, and the Planning Commission has recommended approval of the request. Mr. Flora stated Dr. Gilbertson is a licensed psychologist, a resident of Fridley, and his business would be on a low profile. He stated Dr. Gilbertson plans no changes in the structure and there would be no traffic congestion in the area from this business. Mr. Flora further explained staff would be working with Dr. Gilbertson on screening and parking, and a small sign probably would be put up on University and Osborne to -identify the business. Mr. Flora stated Dr. Gilbertson has visited all the property owners, covered in the public hearing announcement, and explained his operation and has received no adverse comments. No persons in the audience spoke regarding Dr. Gilbertson's request for a special use permit. -- THE MINUTES OF THE REGULAR MEETING OF 1FIE FRIDLEY CITY COUNCIL OF NOVEMBER 17, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette FNEMBERS ABSENT: None Mayor Nee welcomed the Fridley Girl Scouts who were present in the audience to observe the Council meeting. APPROVAL OF MINUTES: PUBLIC HEARING MEETING, NOVEMBER 101980: I i MOTION by Councilwoman Moses to approve the minutes as presented. Seconded by ! Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: i Cluncilman Schneider requested the following items be added to the agenda: Discussion of the Day Care License Application by Roger R Betty Papke; and C,?n sideration of Mid-Block Street Light Standard - E. Danube Road. j MOTION by Councilman Barnette to adopt the agenda with the above additions. seconded by Councilwoman Moses. Upon a voice voce, all voting aye, Mayor Nee declared the motion carried unanimously. i OPEN FORUM, VISITORS: There was no response from the audience under this item of business. I NEW BUSINESS: i FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV #80-09J-PETITION #8-1980 TO VACATE 12 FOOT ALLEY 6000 BLOCK BETWEEN 2ND AND 2-1/2 STREET, HYDE PARK, MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV #80-10, TO VACATE ONE FOOT OF A 12 FOOT DRAINAGE AND UTILITY EASEMENT, 7105 ASHTON AVENUE, RICHARD WALTZ: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV #80-11, PETITION #9-1980 TO VACATE SIX FOOT ALLEY EASEi,IENTS, OAK GROVE AND MOORE LAKE PARK 2ND ADDITIONS: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �111j REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 3 Mr. Qureshi , City Manager, pointed out that clinics are allowed in an R-1 zone, with a special use permit, but felt, if this was approved; there should be some specific restrictions imposed as he has seen where a stivation like this could snowball, as in other communities, where you have many residences being converted to commercial uses. Councilman Barnette asked if he had any partners in.his clinic. Dr. Gilbertson stated he had no partners, but may incorpr.rate for tax purposes. Councilman Barnette asked Dr. Gilbertson ii he had any objection if it was stated this clinic would be solely operated by him. Dr. Gilbertson stated, as he told the Planning Commission, he world abide by any conditions. He pointed out there would be no structural changes to the dwelling and has talked with the staff regarding six parking spaces, which Mr. Boardman felt was adequate. He felt he could abide by stipulations to operate in a lcw profile manner. Mayor Nee asked if anyone would be living in the dwelling. Dr. Gilbertson stated he is only in the office about 20 tours per week, and depending on the need for some kind of security, he thought perhaps a student could live in the basement, but hasn't activley contemplated anyone living there. Mr. Qureshi asked what provisions were be4ng made to screen the property on the South side. Dr. Gilbertson stated there is shrubbery and a fence on the South side of the property, however, he planned to replace the existing fence . Mr. Qureshi felt, if the Council wished to approve this request, the special use permit should be allowed for a two year period and for a specific purpose. Further, there should be six off-street parkii;g spaces provided, with screening, and there should be no on-street parkin:g_�,nd the City would post "No Parking Signs" if there was a problem that war•rantcd it. MuiiON by Councilwoman Moses to grant special use permit, SP #80-11, with the following stipulations: (1) That this structure be restricted for use as an out-patient psychiatric counseling clinic; (2) That no changes be made to the existing structure; (3) That the applicant work with the Planning Department on the landscaping and fencing of the parking lot; (4) That six off-street parking stalls be provided, with. no on-street parking; and (5) That this special use permit is granted fcr a two year period and is to be re-evaluated at the end of that time. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to receive the minutes of the Planning Commission Meeting of October 29, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF 1981 HOLIDAY AND CITY COUNCIL MEETING SCHEDULES: Councilman Schneider asked why the Council was not meeting on November 2 and why they are meeting on December 21. Mr. Qureshi , City Manager, pointed out there are five Mondays in November and since November 2 is close to election, a meeting wouldn't be scheduled for that date. He stated, as far as December 21 is concerned, this could be changed if the Council did not wish to meet on this date. MOTION by Councilman Schneider to adopt the Council meeting schedule, with the amendment to delete the Council meeting on December 21, 1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � t REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 4 MOTION by Councilman Schneider to adopt the Holiday Schedule as submitted with optional holidays as proposed. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to delete the December, 1980 Conference Meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CONTINUING THE PROPERTY AND CASUALTY INSURANCE PROGRAM FOR 1981 WITH TRANSCONTINENTAL BROKERS: Mr. Inman explained the City, when they bid their property and casualty insurance in 1979, had an option to renew the contract for a one, two, or three year period. . He explained the City has received a quote from Transcontinental Brokers for coverage for 1981 which is $7,936 less than the exact sane coverage in 1980. He stated his recommendation would be to continue the City's 1981 insurance with Transcontinental Brokers as the cost is lower and there is an advantage of staying with the same broker to eliminate problems of overlaping claims. Also, staying with one agent eliminates the administrative cost of familiarizing a new agent with the City's internal insurance policies and practices. Mr. Qureshi, City Manager, felt because there was a decrease in the cost, it was prucent for the City to exercise their option, as noted in the bid, to continue the property and casualty insurance program for 1981 with Transcontinental Brof:ers. Mr. Richard Aune, of the Rice Creek Agency, stated, if the City were to continue the Did, next year he wouldn't be allowed to bid as Home Insurance takes the pos-tion that once they have an agent writing with them they will no longer bid with any other agent. He felt what the City would be doing in the future is Eliminating all competition. Mayor Nee stated it seems to him if they didn't exercise their option; be penalizing Transcontinental Brokers for initiating a savings of over $7,000. Councilwoman Moses felt the Council was here to represent the Community and should get the best services for the least amount of money. Mr. Aune stated he is looking at the future and the City will not have any competitive bids and won't know if they are getting a good price. Mr. Qureshi pointed out not many companies are writing insurance for municipal- ities so there are other programs and options cities are looking into for coverage. Mr. Herrick, City Attorney, stated he would have a question if Home Insurance is the only company that is going to bid in the future. He explained if two or more agents appraach Home for the right to bid and the same quote is given to all agenis, the Council would have the same situation, as in the past, where two or more agents both bid the same company and the same figure. He stated the Council is not choosing insurance companies and price, but choosing agents. He felt, in this case, all the Council could do is check out the agencies and their record to determine where they think they would get the best service. Mr. Qureshi stated representatives from Transcontinental Brokers and Rice Creek Agency were both to be present at this meeting, however, the representative from Transcontinental Brokers was delayed getting here and thought perhaps this item should be tabled until later in the meeting. MOTION by Councilwoman doses to 'table this item to later in the agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i 11 COUNCLL jjPKTING OL! 10T MER Be 1042 PAGE 1 RECEIVING C B t TELEYIaIOH CgMI019 i HINOTF-IR OF OCTOBER 7, 1982 M071I0#l,_ by Councilman Barnette to receive the minutes of the Cable Television Commission Meeting of October Tg 1982• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Bae declared the motion carried unihi_ ly. .. sTELEYISIONIM11S OF QCTOBER 14,1992: _!LOTION by Councilman Schneider to eive the minutes of the Cable Television Commission Meeting of October 1-4-0,4982.., Seconded by Councilman p Barnette. Upon a oice vote, all voting ye,` Nee declared the motion carried unanimously. 7 R ynw Of SPECIAL USE PER—H CONTIUE A COMMERCIAL CLINIC Al 7S99 UNIVEPSITX AVENUE APPLICATION• Mr. flora, Public Works Director, stated on November 179 1980, the Council approved a special use permit to allow an outpatient clinic at 7599 University Avenue on the condition that it would be reviewed in two years. Mr. Flora stated one of the stipulations, when the special use permit was Issued, was the City would work with the petitioner on a sign. The proposed sign has been reviewed by the staff and is being submitted for approval. Mr. Flora stated the petitioner is willing to work on the landscaping, improve the drainage area and extend a fence on the East, with extension of the special use permit. Mr. Qureshi, City Manager, stated staff wants to make sure the special use permit is only for this person using this particular property and is only for a three year period, after which time it will again be reviewed. Dr. Gilbertson stated, other than some erosion on the South of the property, he has bad no problems with operating bin business in this area. Be stated he believed the business has remained very residential and Quiet and there has been no traffic problems. MOTION by Councilman Bamernik to concur with the City Manager 's recommendation and approve the renewal of this special use permit for a three year period, with the understanding that the three improvements will be completed, and this renewal is given with the understanding, it is to the petitioner, Dr. Gilbertson, only. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING OF MOVI B_ ER_e. 1912 LIAGE 32 NOTION by Councilman Ramernik to allow a oommercial sign in a residential area for the property at 7599 University Avenue to be located and designed as shown on the plan, and that the sign be concurrent with tht.special use permit, SP 080-12. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. r $ AZPR09AL- OF CHANGE ORDER NO I IN ROOFS CONTRACT FOR CO MONS Alk-L= PACK_ FILTER PLkNTS: 'Xr. flora, Public Yorks Director, stated since the specifications and bids were prepared, it has become apparent the roof at the Commons filtration plant has deteriorated considerably. Be stated the roof, therefore, should be repaired or replaced instead of just the flashing, as originally proposed. Mr. Flora stated it would cost approximately $46 ,000 for a new roof, however, roof material cannot be applied when temperatures are under 45 degrees, therefore, it wouldn't be realistic to advertise for bids for the work at this time. Mr. Flora stated a temporary patch job can be done for around $1,500 or the contractor is willing to deduct $3,300 for the flashing on this roof. He stated staff feels they should wait until spring when they can go out for bids on a new roof and approval of a change order is requested for $3,300 to deduct the oost of the flashing on the roof at Commons. MOTION by Councilman Schneider to approve Change Order No. 1 with Leehn Brothers to deduct $3,300 from the original contract for deletion of the flashing on the filter plant at Commons Park under the project for the Repair of Filter Plant Roofs at Locke and Commons Park. Seconded by Councilman Bamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A $, SE OLVTI ON NO, 98 19 AWARDING THE SALE OF 6600,009 GENERA] BLIGATION TAZ INCREMENT REDEVELOPWI BONDS OF 1982, SERIES 11, FIXING JHE_IR FORAND 65pfCIFICATION�SDIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR �EI� PAYMENT: Mr. Ehlers of Ehlers and Associates presented the bids received this afternoon for the sale of $600,000 general obligation tax increment redevelopment bonds. Mr. Ehlers stated four bids were received ranging in net average interest rates form 9.26% from Dain Bosworth to 9.5785. Be stated it is their recommendation thatDain Bosworth bid is competitive and recommend the City award the bonds through them by adoption of the resolution. NOTION by Councilman Schneider to receive the bids for the sale of these bonds. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. 11 A -MNCIL MEETING M I0FEliB0 PAGE 32 MOTION by Councilman Bamernik to allow a oomaereial sign in a residential area for the property at 7599 University Avenue to be located and designed as shown on the plan, and that the sign be concurrent with th#.apecial use permit, SP 080-12. Seconded by Councilman Fitzpatrick. Won a voice vote, all voting aye, Mayor See declared the notion carried unanimously. APPROVAL OF CHANGE ORDER NO I IN IMING, COURACS FOR C01 HM AND LOUT tARx FILTER PLANTS: '2lr. Flora, Public Vorks Director, stated since the specifications and bids were prepared, it has become apparent the roof at the Commons filtration plant has deteriorated considerably. Be stated the roof, therefore, should be repaired or replaced instead of just the flashing, as originally proposed. Mr. Flora stated it would cost approximately $16 ,000 for a new roof, however, roof material cannot be applied when temperatures are under 45 degrees, therefore, it wouldn't be realistic to advertise for bids for the work at this time. Mr. Flora stated a temporary patch fob can be done for around $1,500 or the oontractor is willing to deduct $3,300 for the flashing on this roof. He stated staff feels they should wait until spring when they can go out for bids on a new roof and approval of a change order is requested for $3,300 to deduct the oost of the flashing on the roof at Commons. MOTION by Councilman Schneider to approve Change Order No. 1 with Keehn Brothers to deduct $3,300 from the original contract for deletion of the flashing on the filter plant at Commons Park under the project for the Repair of Filter Plant Roofs at Locke and Commons Park. Seconded by Councilman Bamernik. Upon a voice vote, all voting aye, Mayor Nee declared the notion carried unanimously. 1k . � ZESOLPTION N0, 96-1982 AI�AADING THE SALES 1600 000 GENERAL OBLIGATION SAT „�jjiCREMENT REDEVELOPMENT BONDS OF 19$2,. SEE EL S II- NIXING THEIR FORM AND SPECIFICATIONS D RFrTTur. TNRTA EXEQUXIQN AND DEL Ma.;_ AND PROVIDING FOR THFIR PAYMENT: Mr. Ehlers of Ehlers and Associates presented the bids received this afternoon for the sale of $600,000 general obligation tax increment redevelopment bonds. Mr. Ehlers stated four bids were received ranging in net average interest rates form 9.265 from Dain Bosworth to 9.5785. Be stated it is their recommendation thatDain Bosworth bid is competitive and recommend the City award the bonds through them by adoption of the resolution. NOTION by Councilman Schneider to receive the bids for the sale of these bonds. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the notion carried unanimously. �tri s 7 CITY OF FRIDLEY �r fF 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 r TELEPHONE ( 612)571-3450 ~r November 20, 1980 CITY COUNCIL ACTION TP,Y.Eh NCTICE James H. Gilbertson h 6801 Channel Road N.E. Fridley, MN 55432 xs Dear Dr. Gilbertson: On November 17 1980 the Fridley City Council officially approved your request for SP .80=11 , to al ow an aut pat;Pnt_ri =-07599 University with the stipulations listed below: Avenue N.E. 1. There be no on street parking. - 2. The size of the clinic will be limited to the existing structure. 3. The petitioner shall work with the City staff on landscaping and exterior `s development. 4. This Special Use Permit shall be reviewed in two years., 5. The City staff will work with you to define the size of sign and location on (,- the property. If YOU have any questions regarding the above action., please call the rommunity Develop-meet Office at 571-3a50. Si4,R ely, DL. GO", i�y,l JL13/de City Planner Please review the noted stipulations, sign the statement: below, and return one copy to the City of Fridley. Concur with action taken. -� 11 B CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 CITY COUNCIL November 15, 1982 t ACTION TAKEN NOTICE James H. Gilbertson 6801 Channel Road N.E. Fridley, Mn 55432 On November 8, 1982 the Fridley City Council officially approved your request for extension of Special Use Permit, SP #80-11 , and a sign with the stipulations listed below: 1 . Improve the drainage area. 2. Need more landscaping on the property. 3. Extend the fence on the east side of the property. 4. The Special Use Permit has been extended for three years. 5. The sign is allowed as long as you use the property at 7599 University, must come down if there is a new tenant. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, R OLD L. OVVA'-'N6 JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 CITY COUNCIL May 24, 1984 ACTION TAKEN NOTICE James Gilbertson 6801 Channel Road N. E. Fridley, Mn 55432 On May 7, 1984 the Fridley City Council officially reviewed your request fora Special Use Permit- SP 480--11 for counsel ung clinic with the stipulations listed below. at 7599 University Avenue N.E. 1. The sign as it exists would not be changed and not lighted in the future. 2. Landscaping be maintained around the sign. 3. This Special Use Permit will be reviewed in 1985. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, • AMES L. ROBINSON PLANNING SPECIALIST JLR/de Please review the noted stipulation, sign the statement below, and return one copy to the City of Fridley. Concur with action taken.