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PL 01/30/1969 - 7275`�� PI�INNING CO�H�ISSION MEETING JANUARX 30, 1969 7:30 P.M. ROLL CALL: APPROVE PLANNING C�4IISSION MINUTES• JANUARY 8, 1969 I�ECENE BUILDING STANDARDS-DESIGN CONTROL MINtTTES• JANUARY 15, 1969 RFrF�' gUILDING STANDARDS-DESIGN COTTTROL MINUTES• JANUARY 22, 1969 RECEIVE PI,ATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOl�41ITTEE MINUTEg; ,I�NUARY 16. 1969 1. PUBLIC HEARING: REZONING REQUEST. ZOA �k68-13, HArIl�RLUND � ENTERPRISES, INC.: Parcel 10 aad 200 (North 903 ft. of E. 3/4 of NE� of NE� Section 13) Rezone from R-1 to R-3A 2. PIJBLIC HEARING: REZONING REQUEST ZOA ��69-01. PIIrPi'aM INC ;�9�, That part of SE� of Section 24 that lies North of Hwy. �100 right of way. Rezone from R-1 to P.D. '%r'303. REZONING REQUEST: ZOA ��69-02, GEORGE M. NELSON: N� of Lot 30, ^ N� of Lot 31, Auditor's Subdivisioa #129. Rezone from R-1 to •_ R-3A. Coafirm Public Heari,n� date of Februarv 13, 1969. $',3� 4. PRUPOSED PRELIMINARY PLAT: __ P_. S.�k69-Ol, BRENTGIOOD ESTATES, THUiMAS R. SWANSON: Rear 431.6 ft. of Lot 35, rear 401.9 ft. of Lot 33, Revised Auditor's Subdi�ision #77. (Approx. 2.5 acres) Confirm Public Hearing date of Februarv 13, 1969 PAGES 1-11 12-13 13A 14-16 17-20 21-30 31-32 33-34 �'�� 5. SEZONING REQUEST: ZOA ��6$-11, LOUIS 1�lO�MCHILOVICH: West 47 ft. of 35-36 South 120 ft. of Lot 10, Auditor's Subdivision �88. Rezone from R-1 to R-3A. Confirm Public Hearin� date of Februarv 13, 1969 6. 7. �� ;�, �� MINNESOTA STATE AID MiLEA�GE DESIGNATION: Plats � Subs.-Str. & Util. Minutes 8. STREET ST[1DY: 73� AVENUE VACATION: Plats � Subs.-Str. & Util. Minutes Maps to be distributed at meeting for study. 9 . ffitCAVA1'ifiN ORDINANCE : - �, .,/'� ��'�.,9-u-�„�s f�G � - ' ���� �.��� �' = E�C -�� - ��`-�-�--•- 37-38 39-40 14-15 41-43 16 44-49 �a.ANN7�iG CtIT�iISSION MEETING JANUARY 8, 1969 ���t � ^ , ROL CALL: The meetiilg was called to order by Chairman Erickson at 7:35 P.M. Members Present: Myhra, Mittelstadt, Erickson, Jensen, Fitzpatrick Others Present: Engineering Assistant Darrel Clark APPAOVE PLANNING CO�SSION MINUTES: DECII�ER 12. 1968: MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission miautes of Aecember 12, 1968 be approved. Upon a voice vote, all voting aye, the mo�ion carried unanimously. �ECEIVE PARKS & RECRFATION COrB�lISSION MINUTES : DECII�ER 16, 1968: kI0TI0N by Mittelstadt, seconded by Myhra, that the Planning Co�ission x�ceive tt�e �'arks & Recreation Commission minutes of December 16, 1968. Upon a voice vote, all voting aye, the motion carried unanimously. �'CE�V� BOARD OF APPEALS MINUTES: DECEMBER 18, 1968: MOTION by Mittelstadt, seconded by Myhra, that the Planning Comaission x�ceive the Board of Appeals minutes of December 18, 1968. Upon a voice f'� vote, all voting aye, the motion carxied unani�ously. 1. PUBLIC MEETING: HYDE PARK ADDITION REZONING STUTJY BY NASON. WEHRMAN, KNIGHT AN� CHAPMAN, TNC. The repxesentatives from the planning firm were William Chapman and Michael Murphy. The Chafxman gave a brief run down of the problem by saying that many taonths aga the Planning Commission realized they had an area of same 80 acres between Main Street and University, 57th Avenue on the South and 61st Avenue oa Nortk� whi.ch was presently zoned R-2 permitting tw� family dwellings. In thia area there axe uses of Industrial, Commercial, Multiple, Single Fami.ly and, he thought, almoa:t �no two family dwellings. Under the old meaning of the R-2 Ordinance, there was pexmitted certain types af multiple dwellings and that is what you have a$reat deal of do�m there now. They felt an area that large of two family dwellings was p�abably improper, and becauae they were just plain citizens, just like the people pxe��e�nt, t}�ey ne�ded help to know what decision should be made fox the rezoning x8y,upq��d Chat ax� continually coming up in that area. They xequested, some months a$o, �hat the City Council hire a proEessional plax�ner to make a study of the axea and xo see if they could come up with some reca�endations for the Gammissio� to uss, and the City entered into a cot�zract with Nason, Wehrman, Knight & Chap�Oan, �xtc. 'Tk�e Planning Co�ission had not given them any direct advice; they were left ��.th ax� open mind to consider every type of possibility. This meeting de£initely Waa x�ot a xe�oni,ng hearing. �' Mx. Chapman explained that they had been working with the Planning Commission �,ad their concern haa been to develop a guideline plan fox the development of the �_l�i.� Comimis s ion M�eet 3.n� - Januarv 8 i 1969 p$�e 2 of tbe area which could be utilized by the Planning Cotimission in the futuxe. Their intent is not �o discrimina�� against anything, but to improve the ^ ax'ea t�o the benefit of the area xesidents and to the area at large. They �nade.planned studies - no engineering studies - of the area, what exists, what pxoblems axe there, what they could expect to happen over a period of time. Their thinking, ta some extent at this point, is how it will grow pver a period of time and what they feel would develop over a period of time. Mr. Mike Murphy was asked to discuss this. � � M�r. Murphy used the projector to exhibit the maps. M,ap �1 showed the xoAing of the Hyde Park area and irnmediate surrounding area, but did not eross over T.H. #47 to the East. As the tnap indicates, an industrial district ia �ituated between two residential areas -- Hyde Park to the east and anAthex xesideatial area lying along the river to the west. The circulation of traffi,c was discussed. It was'noted that residential streets would carry cammexcial and industrial traffic as both of these uses require traffic which would caae on the streets iimmediately adjacent to com�nercial or iadus- trial, creating a traffic hazard. Map � was a circulation map ahowing the main routes bein� Main Street, 61st Avenue and 57th Avenue. The indications are that the present circulation system will be inadequate to sufficiently aexve any of the three uses to which it will be put. Such traffic will be a h�zard to children and pedestrians. Map ��3 is the Existing Land Use Plan, and this showed the size of the building stxuctures. Mr. Murphy continued that the point to be considered here was that those houses which are in the lower range of square footage will aoon became inadequate. It was noted that apartments have repl,aced pxeviously built houses. The small houses wi.11 probably go first and if that happens, they will go to a*+artment buildings. �'he apartments account for about 30% of the structures ;.Yz the residential area of Hyde Park and houses are about 60'/. of the families.One thing to be conside�ced are the childre� from the apartments. It is not likely the apartments wi11 over- load the schools, but playgrounc:.a are needed for the children because they do npt have yards of their own and are playing in the neighbor's yard or in the street. Based on this look at the area, several reco�endations can be reached at this point. This is an area that has been previouely dominated by single family dwellings and are now switching to apartments. If this ha�pens, it must either be encouraged or discouraged altogether. Because of the North-South access, it is an ideal location for apartments or town- houses. You should try to encourage the most satisfactory development. Other considerations are handling of traffic that is in conflict, auah as coa�►ercial traffic. Referring to the three coa�nercial settlements on 3rd Street, Mr. Murphy said there is no access for them from Highway #47 and since the only access for theae 3 caamercial settlements is through the residential area itself, the recaamendation is that these three not be allowed to develop further. We also included in our pioposals the need for a park to be located scrme- wheze in the study area. We tried to locate it near the center and in a loca- tion where, at the present time, there are no buildings. We have prepared and have with us three plans in which we have tried to iadicate solutions and provided what we feel is best for the pxopex develop- meut of your area. P a�ss �n M��tin - Janua 8 1969 �' Pa e 3 '�cl�eme A: The +traffic signal �n �Univ,,ersity Avenue has been changed from Che intersection at 57�h Avenue to 57th Place: The advantage of this is co�er- ^ cial oi► both sides of �he street and permit the deve].opment of lot depths nea�ssary fox app�opriate coutnercial frontage. The diagonal crosswalks on 60th Av�nue at 2nd and 2� Streets would block traffic coming into the area and fo�:m a loop that would prevent traffic entirely through the residential area. Noxth of 61st Avenue are single family residences. In order to prevent damage �o pxoperty values as a result of an abrupt change in land use, it is recom- meaded that the northernportion of Hyde Park, lying generally between 60th and 61st Avenues be held in predominantly single fam7ly use, below this as we ga South from 60th, we start out with two or three family dwellings, then to higher density a�ultiples adjacent to the commercial along 57th and 57th Place. Scheme B: 1'he traffic remains the same at 57th Avenue, without relocating of txaffic signal and the commercial the same as in Scheme A. A possible Park Site�;: �;;�t��u�les 2� �tre�et and 3rd Streetr, It �,s,, �l�n¢�'t �wo acre�, generally undevglm�het� ta�it� th� ,,exception o� th�ej� ,ho����;> '�'�'�aould `be pASSfbl� to buy them and '�leave a relatively large area free `�ar' �,he ''p'layground. fihe di$gonai crosswalk�s are in the same place as Scheme A. Schetne C: 57th Place would eventually'be vacated as a through street and converted into a service drive at the rear of the coa�mercial development. It would then be necessary that no further residential development be allowed to occux with frontage on it. 59th Avenue has been vacated and vacant land tp be acquired for a park. 5econd Street and 2� Stxeet would end in cul de sacs on �ithex side of the park. � Mr. Chapman added, that as you see, we have reviewed essentially a �twelve block area, barely 3� blocks wide, bounded by a major thoroughfare on the East with no access on Univers�ty Avenue, a potential industrial area on the West, cammercial activities on the South. What we have is a small aei.ghborhood which we must do everything possible to improve. Our concern was about the existance of small comnercial pl;aces within the area, concern for traffic, tnajar concern is the continual possibility of industrial traff�c produced by the land to the W�st. It could be adverse to the comaunity if noX properly handled. Chairman Erickson, at this point, asked for the opinion of the people. HaxJ,ow �. Kinney, 5841 2� St.: T have lived there for quite awhile. If they pu� �.n this park (Scheme "C") I will need to get a helicopter to get out of �nty yaxd. Now to get to University, I have to go to Main Street if I want �o go South. I have to go down 3rd Street Co go North, go around a dozen ci�'cl�s to get to Holly Shopping Center. Jack 0. Kirkham, Mayor: Asked if the surrounding areas had been atudied �1nd i.x�vestiga�ed, such as the Northern Pacific Railroad track, the Great NoTthe� Track, East River Road, but there was no indication what was going on aaxoes T,H. �1�+7. We do have couanercial development here (West side of Univer- sity). It seems quite evident that residential development has been propoaed ii't a��.�. o� the Schemes, �ut it has ber:� residential for a long time and nothing '�a8 happened. IIp North on Highway #47, South ot Osborne Road there is now � pxoposed a cotmnercial development. It developed after it had been changed to cou�naexcial, '.� ,,, ,', �, . �. M . , . P1�,��,ituz 4ommi.ssion Meetin� - Januarv 8j 1968 pa�e �, Anp�hsx tbing not considered, one of the strongest motiva�ing factozs � w�s the fact� that most of the people ia this 3,ta�aedi,ate area were asking for a�nd iaterested in comnercial zoning. It might be possible co�ercial there would not be good, but I would like to see some proposals showing what would happen if co�nercial were there. To get access to the co�ercial area, there aottld be a slip off xamp o� 61st, the diagonal crosswalk �ould be used, and cout�►ercial could be from 60th Avenue South on 3rd Street. It is hard for the people who have commercial developments here to watch successful comnercial ent�expxises being developed across University Avenue. Mayor Kirkham would like tp recotmiend a canpletion of the planning study. It did �not seein to him we have accomplished what we set out to do. He felt we asked for a profeasional planner to come in and sk�ow us the best use of the land here. Since it was the desire of so many people to want co�nercial, he wauld like to see at least a proposal of what a commercial development would do and what it wouldn't do. Wherever separation is needed between commex'cial and exisCing aailtiple, we could use the diagonal crosswalk to separate this and then keep the commercial traffic in commercial area as shawn �n the Schemes. The assigriment has not been completed. We need more atudy. Mr. Chapman answered that he would like to take up the point of the comatexcial development. They had considexed commercial, but the exhibit does not show a strip of comenercial on the East� si.de backing up to a$ood residen�ial neighborhood. One of the probleins extending out �rom Minneapoli� �s a strip of cotmnercial development facility. Some aXe not too good. They � do have a tax return and have, for the owner, in the change from residenti.a�. to commercial, a passibility of valuation. Some couanercial strips in Minnea- po11s which extend out Central Avenue are � block wide, but they have produced pxoblems ior the com�unities. The width of the commercial strip East of Hi.gl�way ��/+7 is substantially widex thaa what could be produced between the Righway and 3rd Stxeet. Zt is especially narrow and we feel it is much too z�a�'xow to serve commexcial. He did not have the market information to show the+ tneed �Ax that much mare co�nnerc�ial in this area at this time. If we are go�,ng to xemove the residential to �llow co�nercial, two shallow blocks of width fox residential suxrounded on two sides by coaan,ercial and one side iadustxial, I would say would not be good. Mr. Muxphy said that the reason there is no co�ercial on the West si.de of Hwy. ,'1�+7, but on the East side, is that there is very little relationship across the highway. There might be similar uses, but they won't be uses that axe xelated with a direct connection. They don't affect one another. Eldon Schmedeke, 5900 University Ave. N.E.: He stated he was a prop1rty owzlex in the co�nercial area for twenty years. On this narrow strip you ay cc�mtgrcial can't exist long. It is hard to prove to me. The planner's m�ip doesn't shQw his complete area as he owna three lots instead of two indi.cated o� their tttap. He said he had drawn up maps he intended to give to the Planning Commission which show a slip off going in on 60th, crosswalk and diagonal, 59th is open. This plan would not bother the residential North of 60th Ave. Mo6� o� the resi,d�nts object to the paxk as shown in the Schemes, but would � like �h� City �o buy the industxial �and naw before it goes sky h�.gh fox a �ood s��ed paack. , �1,��_�_p�niasion 1!�eetint� Jan. 8, 1969 Page 5 bix�e. F1oyd Bradley, owner of apartments at 590Q, 590$, 5916 2� Street; 8he eaid they have apartments dawn there atid would like to know just eacactly /"\ wher�+ the park will be. -A neighbor said it would take the first apartment buildixtg. We have been thexe six years and taxes have increased. Would be glad to sell right now. J�t�sen informed h,ex the plan would not affect her buildings. Ck�a�.rn�an Exi�kson again informed the people tha� �his is not a rezax�ing h�ari�g. Th� idea behind.the planner's presentation is to try and establish ��att�x� o� development and a gatterx� that the City can li.sten to as fax �s a rezon�ng pattern is concerned. Thexe is no plan to demoli�h any�hi.ag. Mrs. Donald Crooks, 5910 2nd St.: S�e asked Plan C to be shown on the pxojecCAr. She said she lived on the Nort3z side, 59th and 2nd street and on the l��t aide of 2nd �treet on the corner. Your map does not show our pxopexty $s it is. We have an exit from our progerty onto 59th from our gara$e. You have our house smaller than all the surrounding houses which is not the case. - �ix. Murphy explained these tnaps do not necessarily indicate the outlay. Mxa. Crooks said sh� felt someti.�n�s theae pl�ns are put up that way to matke the hauses look chit�Czy, " A$ain Mx. P�uurphy �ri.esl to assure hex that they were not trying to shave o�f Ch� vaJ,u� o£ any of the houses. ^ Mrs. Crooks co�n�inued Chat hex house has been shown as having smallex floox space than she actually has .�nd then the plan shows that 59th Aven�ie wou7.d be taken away so that they waul�dn't be able to get out of theix pro�exty. ' �ir. Muxphy said that this ia �ot a plan but a Scheme being presented. �'he reason why three Schemes were made up rather than one was to give yau the choice of alternate that could be enacted in your neighborhood if you agxeed with i�. '�hese three,they feel,were acceptable as far as th�ir b�sic gaals wsre co�,aerned. �xs. Crooks: AbouC University and the Comaercfal there, I stiil can'� underatand why those people were not given a servic� road along University a,t th� time of the Hi$hway. They te11 me they ran out of land. 1'hat does npt u�ke sense to tne. Wtxen the� plans were being made, why can't they make q, ac�rvice x4ad along Univers�.ty. ; 1+'�ac� Muxph�y replied �hat there was not adequ�te room for a serviae d�ive. (He re�exred to �h� atap). 1 Ii.ogex �erggre�, 5821 2nd St.: I� wot�dering �bout the use of the �ark i1� thi� area, The stndy is mainly of apartment buildings and the childr�n thsxe, � think �aast of them are pace-school. In my apartment, by the time k'�air �'�i.ldx�� axe grown up, they move out and into homes. We have a park �,A th� Sylvan �i11s axea. In the last park bond issue, they planned buying l�nd oa Che avx�ner of Main Street and 61st Avenue in fihe industrial area. � � dot�'t �Cnow haw many children are in the _area now, but I think the childrea i'� the� apaxtmenta wtten they are older, will not be using the park. P1���x _C�otpmission Meetin� - Januarv 8, 1969 Pa�e 6 Mr. Murphy added that if there were many apartmenta in the area, it would � be expected there would be children and that there would be a rather high number of small children, an average of one child per apartment. Chairman Erickson ask�d the opinion of the general aosd�.�a��e aie to whethex or not a park ia needed in tha�� �s�a. Mr. Roger Barggren said that the ownere of multiple da►elliags ix� this day and age are tryiag to discourage peopls with children. Councilman Liebl, Third Ward; (Standing at projector) I do agree paxtially with Mayor Kirkham. This area between 61st and 57th -- I am your eouncilnian at►d represent you at the council table and it is my opinion that we should have no rezoning from 61st to 60th at all. This is a very well establi�hed residential R-1 area with a couple of exceptions -- two double buagalows and a nice apartment building. A lot of people have called me and iadicated that they are willing to go along for a coaanercial rezoning if they can get enough money for the land to sell out and they could build a house somewhere else. They indicated to me that they would like to see, from the middle of the block all the way down 2'� Street, rezoned commercial just like the mayor indicated. He continued that he was not too impressed with all three Schemes, but he did not criticize the Schemes as he realizes a lot of time was spent on them. We already have got a lot of apartment houses which are in bad shape • and the streets are not in good shape either. The people South of 60th Aveaue /"\ are ready, and I think the petition indicated they are willing to go commer- cial. You have comnercial in Holiday and in the last few years the trend has been comnercial moving to the North. We have to be consistent. We have to decide either to go all the way R-3 and leave partially R-1 or R-2 or go and create a com�nercial area all the way along University Avenue. I would like to see Mr. Chapman, if it is all n�ssible, if it is feasible to prepare a proposal which would make it possible to have co�mercial area up 2'� Street. We also need a park in this area. There is a five acre plot, which is aLndustrial and easily accessible from this area. We had it on the park boad issue last year and it was defeated. We still need a park in this area. �f we go R-3, it is going to create twi,ce the traffic problem that we al.ready have, We have to have two blocks in depth for the commercial establishment. T would like to say that we instruct Mr. Chapman and Mr. Murphy to prepare a sketch showing co�nercial as discussed. Mr. Chapman stated that he did not think they were so far apart in their thinking. The concern was that the area between 60th and 61at should xetn�in pretty much the same, single family, but commercial activities should co�n�ine themselves along 47th and adjacent to Holiday. Most of the commercial is xight on the end, adjac`"�e to Holiday. Coamercial should happen in this axea. I am woxried about this squeeze play on residential. I do not know the market for commercial in this area. If a larger area of carmercial should happen, it should be done on a large scale, a developer should get a number of parcels -- one half block, one third block or one and a half blocks. This would allow you a good devel�^ment. If individua� lots were sold, it should ^ pxeferably be two or three at a time. Concerning the park area, our thinking was �or the small children that they would not be required to cross a thorough- fare. Our idea was a neighborhood park rather than a city wide facility. Y].a�n____im� Comma asian Meetin�, �7anuary 8, �969 Page 7 �xank H. Hart, Jr., 6000 3rd St.: I was surprised so many people were /`1 a��a�ins�t �he park. Speaking of commercial zoning, you have your big Holiday stoxee which axe breeding places for juvenile delinquents. Some form of a paxk far the childxen to work off their frustrations should be figured in. �f Che people would stop to think about this, I think they would find it to be �rue'. I think definitely there should be a park. Mr, Schmedeke: The reason we did not like a park in that area , a lot of us people here have homes which are paid for, probably some in each block. When you take a home away that some people have already paid for, it makes it mean. Everyone was interested in a park on Ma.in and 61st Avenue. Appraiser's price never turns out to be what people have in the home. If we are going coumexcial, I don't know how badly we need a toddlexs park there. Mrs. John Peka, 5925 2� Street: If we took this as a park, it will be just too small. If there is going to be a park, it should be for some of the older children, too. We are right across the street from the lady that owns the apartments. There is a problem of parking now and when the stxeets are so narraw, I don't think a park would work. AeWayne H. Woehler, 6004 2� St.: I agree on the park. I have kids about to be �eenagers. They are the ones who need the park -- toddlers stay ;Ln the yard. The kids go to the swimming pool clear over to the Junior High. I would like to see a park in the industrial area as discussed. Jensen said he wished to com�nend the people that have spoken tonight at ^ this meeting. The Planning Co�ission have received a great deal of assistance. Com�ne�ts have been ma.de in a very fair fashion. Oftentimes these public tae�tings do not turn out this way. He believed they all had a fine inter- change of ideas. Mrs. Crooks: I agree with Mr. Hart on the proposal for a park in that area. The present Sylvan Hills Park is �t adequate for the larger children. We need more park area for these children and I believe it is necessary for the comarunity. Kenneth R. Strand, 5955 2� Street: I am in the area where everybody ��1ks about commercial. I am undecided yet. I would just as soon see the lo� just as it is, R-2, but if three quarters of the block goes co�aercial, I wou�.d have to go for coumercial� too. Mrs. Crooks: From 59th Avenue to 60th Avenue West of 2� Street, there �xe new homes that have been in not too many years and are nice homes. Tt�ere ar� xeally only two that are small so there would be quite a few homes you Would have to disrupt. Anyone could sell their particular parcel, but we would have to live there for twenty years. At the present ti.me, the homes alon$ �hat area would be very much harmed by the change of zoning and more ut�altip�.es wou�d be very hard tc� live next to, but if you develop University �i7c�t and then go back, perhaps our area would be ready. Coxirad D. Garness, 5916 2nd St.: I feel rather than take aomebody's � ho�ne wheri, thexe would be enough room elsewhere, the park should be in the �,�ndus�rial zone where it has already been mentioned. ,�,�,�{ Co�i.ss�o��ieeti�nA - Januarv 8, 1969 Pa�e 8 � �jra. Harlow Kinaey, 5841 2� St.: Talking about building up apartment houses, we built our �,ome to specifications. This is probably about the only one that is built this way. We would be living there with apartmente all the way around us. The problems of the apartment across the street are traffic, xubbish and garbage. I would like it to be total comnercial starting at one e�ad and working their way up. Mr. Schmedeke: I would like to have you accept these petitions. In my proposals, I don't think all of us are hoping to wait for a shopping center to buy the whole works. I think it would be £air to start at one side of the block from a camnercial area and taking at least the smallest'size area ' that, was so.ld ac.r.os's ,the .s.txeet fxom.,u�.; :, �f it,were tl�ree or ,four lots wide, that woi�ld ti� s��ficient on tihe �fu11 t�locks ...,I 'was, �h'opiizg it ;�Qu;� go �he dspth of th� block, hoping with your Coi�cu�et�ce, the buildi.ng �! , t��: � c�,° the front (West side) with parking in the back a�d it would not�� tt�wi:pa�ki�g from;the highway. This would be solved on the small lots by haiiiiag � e.creen �£'evergreens and sodded. And having the parking at the back of'the buildings, it would be possible for it to be as nice a place as anywhere in the City. Mi0TI0N by Jensen, seconded by Mittelstadt, that the PlaAaing Coumission receive the Petition dated December 15, 1967 circulated by Eldon Schmedeke xe.�:��ive to a desire for coirm►ercial zoning in Blocks 12, 21, 22 and N� of Block'28 in Hyde Park Addition ot, Fridrey, and also a Petition for Blocks 12, 2�., 22 and 28 for the same purpose dated January 3, 1969 apparently circulated by Eldon Schmedeke, and a Petition dated January 3, 1969 appareatly circulated by Ezwia Bjorngjeld requesting that the existing R-2 zonin�g be waintained in ^ Block 9 and W� of Block 10, artd Petition dated January 3, 1969 circulated by Clifford Skillings requesting that the present R-2 zoniag be maintained also in Block 9 and W� of Block 10, and a Petition dated January 3, 1969 circulated by Lee Barott requesting the existing R-2 zoning be maintained in the E� of Alock 8 and Block 7, all in Hyde F�.rk Addition. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson asked if Mr. Schmedeke wished to present his maps, but Mr. Schmedeke declined asying he would bsing thmn to a meeting for the Com�is- sirnn to etudy. Mr. Chapman said he felt at this point that he would like to read the transcript of this meeting to clarify, in his mind, what the feeling is. To digest it to see if he has learned something different frosa what the Planniag Coamission has learned and then discuss it with them. Mr. Mittelstadt said he felt the Mayor thought this study was not complete. He felt it would be up to the Council to decide what the future steps should be. The following by Mr. Jensen was for clarification to the public: Mr. Mittelstadt has been on the Planning Comnission for a relatively ahort time and waaa't in on the full backgrouad of study. It is true the coasulting plannexs were hired by the City Council, but they have been working pretty aa�,tch under the directic and in consultation with the Planning Cadmiasion with relatively little contact with Council. From that standpoint, it � would seem logical for that direction to come from the Planning Commissioa ualess the Council would direct us ia aaother direction. Plati�ir� Ccmm�issio� Meetin� - January 8, 1969 Page 9 .. _ � Chaixman �rickson said he agreed. He thought Mr. Chapman's coaiments of want�.x�g to study the transcription was fine, but if the Counci� wished to !"'\ direct him to prepare another map of the area showing feasibility of what seemn� to be the general opinion of a commercial district a�ong 3rd Street, we should dirsct him at this point. Mx. Myhra said it se�ms without a question it is the�feeling of the gxoup a�d that's what we waat. p�ir. Jensen ca�aented that one area of concern relative to the.idea of co�ercial expansion in the general vicinity of 3rd Str�et to 2� SCreet from 59th Avenue to 57th Avenue is the economics. I am not particularly well versed in this subject as an individual, but if this were proposed tp b� zoned cammercial, and that the Planning Commission would recoam�end it tq the Council, I would be somewhat concerned that we should have the op�nion of an expert on the marketability of this property as comnercial and capabil,ity af the i,ndividuals living in that area to actually sell their property with the improvements on it for a fair price and to actually find buyers that would be able to pay that fair price. It would not be logical to embrace a plan which would not be economically feasible for those owning property at the present time and future potential bu.yers. Chai�man Erickson asked Mr. Chapman if he would care to co�anent now on 60�h Av�nue and the land South. Mr. Chapman answered he would like to discuss it w�th the Planning Comaission before going in that direction.. Ma,yor Kirkham couanented that there is a question of whether:or not � maxketability data is in the realm of our responsibility and befaxe we ask for or order such a report, we should get an opinion from the City Attorney. Chairman Erickson said the practice of spreading a co�ercial use in a residential area would have to be handled with great care because of the tnajority of people involved and the problem of selling. Rather than call a brief g�nexal public heaxing, the Planning Commission could call Mr. Schmedeke ax�d others if they wish, to come in and sit down with us and then call the general public in again. Couucilman Liebl said that he knew what the people would like, but ielt he would like to be represented by Mr. Chapman. He did not see any problem �n peaple selling their hames for comnercial. Mx. Jensen asked for a show of hands of those who thought it was logical �ox the Planning Ca�ission to be studying the area. There was a majority who thaught it was worthwhile. � Chai.rman Erickson informed the public that Mr. Chapman, Mr. Schmedel�e ar►d anyone else who wished to represent the area would be notified of the meeting and that the residents of the area would be notified of the public meeting, 2, REQUEST FOR RELEASE OF LOT 30, BLOCK 11, HYDE PARK ADDITION BY KENNETH R. STRAND:I ^ ' Mr. Strand explained that Council received the request at their meeting of ,January 6th and notified him that they would just as soon not release the 1ot ux�til this study was completed. He tried to buy this lot in June and �1 Cpm�ission Meetin - Janua 8 1969 Pa e�0 ^ �d found the City had pulled it off the market last March. Of course T can see, he �aid, why you didn't want to release it now, but maybe that is in my �avox, too. I own Lats 20 and 29. At the time of buying I have no purpo�e ou�side af cleaning it up, level it down as it is higher than my property a�d �he children play on it. I would keep it clean and control it and add it to tny yard. I have only a single garage added onto my house and I would 1�ke po�sibly to put a garage on the lot. The Chairman asked him if, in the light of this, he would object if the Pl��ning Coa�mission tabled his request for a couple of months. Mr. Strand a�ewexed that he had no objections but would like to go on record to have �he first opportunity to buy it after the study, aa hs beliMr�d i� �ould u����ze the land better than anybody. Mr. Strand was informed that by following the progress of the study, he will know when the appropriate time is to open his request, probably when the Platining Com�nission forwards its recrnrnnendation to Council. 1�OTION by Jensen, seconded by Mittelstadt, that the Planning Coflmission table the item of a request for the release of Lot 30, Block 11, Hyde Park Addition by Kenneth R. Strand. Upon a voice vote, all voting aye, the motiot� carried unanimously. 3. REZONING REQUEST: ZOA ��68�13, HA1�Ilr1ERLUND ENTERPRTSES� INC. Parcel 10 and 2QA (Na7rth 903 feet of E. 3/4 of NE� of NE� of Section 13). Rezone from R-1 to R-3A. Reaffirm public hearing date of January 23, 1969. Mr. Jensen said that this property adjoins New Brightor► and wondered if we� should ask the administration to respond with at least some data as to the zoning across the City boundary. (A public hearing notice was mailed t4 the City Clerk of New Bxighton but was not asked for a response.) MQTION by Mittelstadt, seconded by Myhra, that the Planning Co�n�ss�oR reachedule the public hearing o�f the rezoning request ZOA ��68-13, Hatmnerlund . $�te7cpri.s�s, Inc. of Parcel 10 and 200 to rezone from R-1 to R-3A to Ja,x�uaxy 30, �969 due to the inability to get a quorum on January 23, 1969 and dixect the administration to re-advertise and send corrected notices to th� Fxi.dley Sun and to the general public. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REZOTTTNG REQUEST: ZOA �k69-01, PEMTOM, INC.: That part of SE'� of Section 24 that lies North of State Highway ��100 right of way. To rezone from R-1 to F.D. Reaffirm public hearing date of January 23, 1969. MOTION by Mittelstadt, seconded by Myhra, that the Planning Co�ission x'eschedu,le the public hearing of the rezoning request ZOA #69-01, Pemtom, Inc. of that part of the SE� of Section 24 that lies North of State Highway ��100 ri.ght of wap, to rezone from R-1 to PD to January 30, 1969 due to the inability to get a quorum on January 23, 1969 and direct the administration to re-advertise and send corrected notices to the Fridley Sun and to the general public. Upon a voice vote, all voting aye, the motion carried unani,mously. n �la�n�in� Commission MeetinQ - January 8, 1969 Pa�e 11 ^ 5, SUGG�STED REVISIONS �OR PLANNED DEVELOE'Mt'�IT ORDTNANCE: The Engineering Assistant explained that there are two separate �reas of �h� Ordinance which we have found need for possibJ,e revisions and/or additions. We have also been asked if this body would consider recougnending to Council speci�i.c uses i�, a paxticular area upon the approving of an area zoned P.D. We have found, and as reflected in a letter from the City Attorney, a por- tion of the Ordinance that isn`t quite clear in respect to what happens to a P.D. district when a plan no longer is valid due to the annual review necessary. If upon reviewal it is found to be not practical according to the present ordin- ancea it seems that if no plan is brought in, or the development of an approved plan is not consumated in one year, it would abolish the zone and revert back to its prior zoning. We want to know if this is truly your intent. Membership discussion on this indicated a need for Ordinance,Amendment to,, reflect the continuance of the zone with or without an approved p�.'�",�and ths� ;;��,;+ an approved plan, if in existanae, should be reviewed annually un�til'�its �conr'r '�? '� ' pletion. ° , �, �� , The second portion we should discuss is the possibility of staging the aubmittance of final complete plans and i�rement development of large areas as i.n the Pemtom request. �n the discussion by the members, it was determined that in large areas /'\ where a development could be spread over a period of years, it would be im- pxac�iGal to expect a developer to bring in final plans for the entire area only to �ind that revisions would become necessary, the result of which would be very expensive. Many aspects were discussed and it was decided that if an overall prelimir�ary plan indicating such things as type of buildings, road patterns and street grades were submitted for approval, the developer could bring in final ;,; plans or smaller portions as the plan developes. The Comnission felt they would set the m�.nimum size of each stage but wanted more time to study that aspect of i.t. They asked if the city attorney, when he rewrites the portion on develop- ment plans, could at the same time, include a section on stage development. Aarrel Clark stated that he had been speaking with Pemtom xepresentatives and that they were going to ask the City for some sort of indication as to our feelings toward their specific development plan in so far as what use we would pertnit to be part of the development plan. They stated they would rather have the zoning request denied if we were not going to agree to a townhouse and apartment complex for their area. The reason for this request is a matter of financing and cost of having plans drawn. After studying the motives for the request, it was decided that there was merit in it. However, if they were going to be asked for any sort of couani,t- ment on use, they would want a plan presented at the P.D. hearing and would Wan,t public discussion on it. , AATOURNI�NT : � There being no further business, Chairman Erickson adjourned the meeting at 11:55 P.M. Respectfully submitted Hazel 0'Brian Recording Secretary i2 � BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE Nl�TING MINUTES, �ANiTARy 15_1969 1. � 2. The meeting wae called to order by Acting Chairmax�Biermann at 8:07 P.M. ROLL CALL: P�ERS PRESENT: Biermaxin, Hauge, Tonco, Sornsen N�ERS ABSIIV'I'; Erickson OTH�tS FRESENT: Peter Herlofsky-Senior �gineeri.ng Aide _ ttr�U.r�a'r '1'U I:ON�TRUCT BOB � N.E., FRIDLEY, MINNESOTA. Mr. Bob Schroex was present to present his reque�t. Mr. Schroer stated the building permit requested at this time was for the garden center building only. 62 MOTTON by �'onco to recommend approval of the a,rea marked'in red on the plans arid to con$ider the traffic pattern as sriown to be acceptable. Seconded by Hau�e. IIpo.n a voice vote, tnere being no naye, the motion carried unanimouely. Mr. Mawchilovich wae preeent to discuss his request. The follow�..n� points were diecussed; 1. The boiler room w�ll (See plans�, 2. Soundproofing between �'loors (Al1 carpeting or some other acceptable material�. 3• Setback of 40' (Owner's request to conform with neig�hbors to-the South�. MOTION by Hauge to recommend approval of the plans, subject to; 1. Iteme 1, 2, 3 ae diecueaed. 2. Other correctione marked on the glans received January 7, �969. 3. Drainage and gra,ding plans ae approved by the City Engincer. 4• The alterxxate plan for the ground floor ie considered adequate concerning ' etora.�e a.xid laundry area. � i SeGOnded by Tonco. IIpon a voice vote, there being no naye, the motion caxried i �, una,n�mouely, ; , �� 4• 5• � BUILDI�G STANDARDS-DESIGN CONTROL MEETING JANUARY 15, 1969 P�GE 2 �_ Mr. Ralph Thomas was present to preaent his requeat. MOTION by Tonco to recommend approval of the plans as preaented. Seconded by Hauge. Upo.n a voice vote, there beixig no nays, the motion carried unanimouely. MOTION by Tonco to recommend approval of the moving of this building. Seconded by Hauge. Upon a voice vote, there being no xiays, the motion carried unan�.mouely. Dr. Speltz, Dr. Brandjord and Mr. George Walquist were present to diecuas their requeet. MOTION by Hauge to recommend approval of the plans subject to the following etipulatione; 1. Correctione as noted on the plane, dated and initialed by Mr. Bierma.nn. 2: The submieaion of a revised Flot plan to the Building Inapection Depastment. Seconded by Mr. Sorneen. Upon a voice vote, there being no na,ys, the motion carried unanimously. ADJOURI�MENT : The meeting adjourned at 9:58 P.M. Reepectfully eubmitted, ER OFSKY S�niox ineer'. Aide 13 � 13 A. ^ BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING MINUTES JANUARY 22 1969 The meeting was called to order by Acting Chairman Biermann at 8:07 P. M. ROLL CALL• MEMBERS PRESENT: Biermann, Hauge, Tonco MEI�ERS ABSENT: Erickson, Sornson _ OTHERS PRESENT; Nasim M. Qureshi, City Engineer, Peter Herlofsky, Sr. Engineering Aide, Henry Muhich, Building Official 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A MASONRY BUILDING 50' x 120' TO BE USED AS A WHOLESALE MEAT PROCESSING AND PACKAGING PLANT LOCATED AT 7501 COHIlKERCE LANE, THE SAME BEING LOT 25, BLOCK 2, C01�4iERCE PARK, ANOKA COUNTY, MINNESOTA. ( REQUEST BY MR, RALPH BROTEiBN, 420 - 2ND AVENUE NORTH, MINNEAPOLIS MINNESOTA 55401.) — Mr. Ralph Brothen and Mr. Robert Brown were present to present his request. The following points were discussed: 1. Concrete curbing (as marked on the plans.) 2. 10 foot driveway radii minimum size. ^ 3. Parking stalls to be designated. 4. A more complete plot plan is needed. 5. Architectural plans, sectioas, and elevations specifying material to be used is needed. MOTION by Hauge to recommemd approval of a foundation permit for the building only, as presented on the plans and subject to the items 1 thru 5 as discussed. Seconded by Tonco. unanimously. ADJOUNMENT• Upon a voice vote, there being no nays the motion carried The meeting adjourned at 9:05 P. M. R ctfully submitted, TER HERLO KY Senior Engineering de �"1 14 PLATS & SUBDIVISIONS STREETS & UTILITIES SUBCOl`�IIrffTTEE JANUARy 16, 1969 p�� 1 � The meeting was called to order by Chairman Jensen at 7:30 P.M. ROLL CALL• Members present: Nagel, Batterson, Jensen Members absent: Myhra, Crowder Others present: Engineering Assistant Darrel Clark 1., P�IINNESOTA STATE AID MILEAGE D�SIGNATION: 1.6 Miles to be designated. Fachibits available at meeting. A city map was shown indicating county routes, existing state aid routes, existing state aid routes to be considered for removal'and proposed new state aid routes. It was explained that we quaZify for .56 additional miles due to the opening of new city streets, that the streets recoIIanended f.or removal totaled 1.07.miles and they, eombined with the new streets, would equal 1.63 miles. The four routes recoaunended for removal and the reasons for their removal were discussed. No. 323 Ashton Avenue: 79th Way to 83rd Wav: It is recommended we � - remove this -route because of the improvement done on it without state aid �"� funds beiag used. However, it was constructed with truck traffic in mind and would not need spring load restriction posting. It is apparent that this route be built for industrial traffic and is slated for 9 ton design. 1"� No. 306 69th Avenue: Central Avenue to Hwy 4�65; Ttiis is a non- existant route and the Medtronic Industrial development will prohibit the route at this location. No. 316 67th Avenue: 7th Street to Universit Ave.; This street no longer has access to Hwy. ��47; therefore, no longer meets the-state aid requirement of connecting two major streets. No. 320 64th Avenue: Universit Avenue to 5th Street: This section was built with state highway department monies as part of the Mississippi Street loopback. _ The Subcommittee discussed the above recommendations and agreed that they should be taken of£ the State Aid System. MOTION by Nagel, seconded by Batterson, that the Plats.& Subdivisions- Streets & Utilfties Subcommittee recommend to the Planning Coaanission that M.S.A.S. routes, No, 323, No. 306, the portion of No. 316 between University and 7th Street, and the portion of No. 320 between University and 5th Street be removed from'the system. Upnn a voice vote, all voting aye, the motion carried unanimously. u : : � � � �. .. . .. . . . . �-.,...._�. � � 15 Plats & Subs.-Str._ & Util. Mtt�. - Jan. 16, 1969 pa�e 2 Eight routes were discussed for possible new designation. /'`� 1. 1.02 Mi. A1den Way, 75th Way, 79th Way combination: Right of ways are . . adequate and route is about 80% improved and will not need any new construction in the near future. ' 2. .60 Mi. Rice Creek Terrace and Monroe SCreet combination: Rice Creek Terrace R/W is adequate and Monroe Street r.iaht of way is 50 feet. These streer_s axe in good condition and would not need further improvement for many years. 3. 1.02 Mi. Rice Creek Terrace, 68th Ave., 7th Street combinecl. Could be substi- tuted for Route ��2 above. Right of ways are adequate �,�ith exception of 68th Aue. and i.mprovement is possible to occur on 68th Ave. and 7th Street i�t the near futuYe. 4. .80 Mi. 52nd Ave., Buchanan Street, 53rd Avenue<and rlatterhorn Drive combination. Right of ways are sufficient except for 52nd AvenuE and i.mprovement is not expected on these for quite awhile as they are in fairly good conclition now. The remaining possi_bilities are marginal due to either locatian or their present state of travel.. They are as follows: 5. .50 Mi. Benjamin Street - Gardena Avenue to Rice Creek Road. � 6• .12 Mi. Benjamin Street - Rice Creek Road to Mississippi Street. � �• ,50 Mi. Main Street., 79th Avenue to 83rd Avenue. •$• .93 Mi. Alden Way, Mississippi Place, Charles Str.eet combination. The Subcomnittee recognized that the service drive along University Avenue might also be given some strong consideration due to its being assessed all on one side and also that we are going to be levying an assessment to-the City Park and County for their frontage. MOTION by Nagel, seconded by Batterson, that the Subcommittee recommend to the Planning Co�nission the following two xoutes: 1) Alden Way, 75th Way, 79th Way combination. 2) Rice Creek Terrace and Monroe Street combination and as alternates . a) Highway ��47 East Service Drive (69th Avenue to 73rd Avenue) b) 52nd,.Buchanan, 53rd Avenue and Matterhorn Drive combination. Upon a voice vote, all voting aye, the motion carried unanimously. 0 0 . 16: Plats & Subs.-Str. & Util. Mtg. - January 16,.1969 Pa�,� 3 2. STREET STUDY: PROPOSED VACATION OF 73� AVENUE (Proiect St. 19b9-3): � : The Subcommittee recalled that this was the case where the City wanted, additional right of way for 73rd Avenue (state aid route) and Council won- dered. if they could vacate 73� Avenue, perhaps the City could trade the vacated poxtion of 73� Avenue for the new right of way for 73rd Avenue. 1'1 � The Subcomm�ittee, while looking at a drawing indicating ownership and zoning, discussed the various land trades and possible ways of property develogment with 73� Avenue vacated and a service drive along Highway ��65. It was-decided that the City should not initiate the vacation at this time because of the land trading process it would start. A drawing was atudied and on it was indicated how the area could develop without the use of 73� Avenue as an access. MQTION by Batterson, seconded by Nagel, that the City not initiate the vacation of 73� Avenue; however, indicated to Planning Commission that if the narrow strip (140 ft. wide) North of Central View were combined with B1ock 1, Central View Manor, two building sites could be created, one a 5 acre commercial site with access to a service drive along Highway ��65, the other a 5 acre industrial site with access to Central Avenue , and that a11 of Block 2 could develop with frontage along proposed ?3rd Avenue; that the Planning Commission, while considering the possible condemnation of 73rd right of way, also consider the possibility of encouraging the dedication for a service drive along the East-side of Highway ��65 between 73rd Avenue and Fireside Drive. Upon a voice vote, all voting aye, the motion carried unanimously. � 3. PROPOSED STREET PATTERN: Section 2, 3, part of IO and 11. While studying a map of this area, the Subcommittee discussed the development of this area. It was decided that one cannot really predict the size of industrial sites and we should not dictate this by adopting a street pattern for an industrial area. With the Bob's Produce rezoning and development South of 79th Avenue, they reduced the study to this area. MOT ' by.Nage1, seconded by Batterson, that the Subcommittee recommend at the Planning Com�nission consider the alignment of Ma.in Street from from 79th Avenue Soufih to l7th Avenue, thence defect to the East and connect to Osborne Road opposit Commerce Lane. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT • There being no further business, Chairman Jensen adjourned the meeting at 9:15 P.M. . ctfu y bmitted CLARK Recording Secretary � :...a � � n CORRECTED OFFICIAL NOTICE CITY OF FRIllLEY PUBL I C �IF:ARI NG BEFDRE TEIE PLANNING CO�I�II SS ION � 1'7 TO iti'H0�1 IT NiAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in,the City i-Iall at b431 University Avenue N.E. on Januar�30., 1969 in t'he Council Chamber at �:30 P.�1. for the pur�ose of: . Considei•ation of a rezoning renuest (ZOA �68-13) by Hammerlund Enterprises, Inc, to rezone fxom R�1 (single family dc�rellings) to R-3A (apartment ancl multiple dwellinos)_the North 903 feet of the East 3/4 of the P1E 1/4 of the NF. 1/4 0£ Sectioii 13, T-30, R-24, City of Fxidley, County of Anoka, State of Minnesota. Gene2-ally located on the South side of 691h Avenue at the East City limits. Anyone desiring to be heard ilith reference to the ahove matter may be heard at this time. Oliver R. Erickson � Chairman planning Commission PUBLISH: January 8, 1969 January 15, 1969 January 22, 1969 :.;, ^ m CITY OF FRIDLEY MII3IV�SOTA ` PLANNING .AtID ZOt�I�1G, �O..M Number ZC A� C�'-- 13 0 ���-` ��-� 18 �7 � TYYE OF REQUEST �_Rezoning Special Use Permit . ,�.,., _.. Variance t'� 1'�'Y' C�- '�� NATURE� =� i''�,�.� �..r:.-:' �r r�� 1!` LOt'$plits ��p`P�#�kI��S SIG Address� �'/ ��; �, �' � iVr C. ! �I�C' • � Approval of Pre- liminary Plat _ Telegttone Number .: r�<< .:: ,�. ���,;.� Approval of Final ,Q ^ � al r �.� r,�'s %� � �!�' ��--- _ _ Ylat % � YRfi�PERTY`OWIQER'`S SIGNATIJRE � ' -- fi. "�- � -- r;'' - . Streets or Alley._.,,_. Address _`;' ! :': %� l�l<? r`P� .r.� ,� �.•;�; l�_l�� , - : Vacations � . . Telephone Number � �-;�._�/`� �i�� .� 5?S' -��"��,- �� - --- Other J ... -� . ..� . _.._ . . . . . ' . � �. � � . Street Location of Propexty ;� �?i,-r��,_. �1�.1� �-�'i� r�e7 �`t' � r�::T�" al i"U ,�l�ytl t� i� � , ��%� Legal Description of . ProFerty � ^ r;: � � � ,� � �;,., .-�,r� s� ,� ��;� , � �? :�, ��'�/ �� 'r,`'?=��ei a6✓ i � �� `t. �i ` ,. , •f/.� '�� �'�it^, �ii. ��. �' `f��l!� !1 �, �l -S� _ !Of 1 rl. /7J�v �'_ � ^(�v ..�..= l � l� � '� � � ,- f 1 � , `%�� ..'r `� r .N-( ` � � ' . .. r . . �� �- I . /' . _ .� � _.... °% �� . . _ �. .. . .� . � i��� ^_ , % ;n '�' �r�, . � : J i � �J � J !� � %% /•� n't°� ,I( �"J (`; I� /1 U ; i'r'�'��� /,1 /`y':'a r � --' `, i T .�. 1 1 present Zoning Classification n- 1 . Existing Use of the Property �� �;1 !: i� "�" _ _ - ;` Propased Zoning CZassification, Special Use, Variance or other request �' ,=' - Describe briefly the Type of Use and the Improvement Proposed h� ���""?�� �r? n1���� 11 f'�� � =' l� �' �.� }��� � �n; , Acreage of Property ^: :� �� � , •_ -r�^�=; % � �t.`� �'Cl �"' i? y �� � xy.)`v'� �l� �-�.�.'l �7� t['`'i ��:ii;t.°i::� 1- Has the Present Applicant�Previous�y Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on t�e Subject Site or Part of It? :`�,7 • When? __ _ _ What was Requested �, " Fee Enclosed $�'� '._1 � �•e..c c,�..f� t! �f I:3 S'�-y' Date Filed ��i- �fc- ��� � r Date of Hearin �1 - . _ � (` � YIA�NiN� ANTS ZONSNG FORM PACE 2 . 1.S ' Number . , . The undersigned understands that; (a) A Iist of all residents and awners of pro- ^ gerty yifthin 300 feet must be att�cized to this ap�lication. , (b) 2his agplication mitst be.signed by all . � o�iners of tha property, or an explanation ' �iven why this is not the casc. (c) Responsibiliry for aay defect in the pro- . ceedin�S resul.ting from the failure to list � the names z`nd add-r.e�ses of alI residents - , �nd propert; oo�r�e�s af progerty within 304 fe_et of the pLop�riy in question, be2ongs to the undersf�ned. Residents and 0-��ners of �xoperty iaitbin 3Q0 feet:. . i'EItSONS ADDRESS � - ' ' �I S G� �v`P; �• � `� ��� � �.lh A A/ L/' / �; I i, � � , n � �;`i :,� _ �-; r ,i� � , ��� /� '- ��/ �s`' .� ), c� � 'r� �(:.7:;���,-�n �-'�.�<, �%'fi��T" t��lt"�r ���t1 /if0A7�/"t.!r�' E?F'G,p�,� �' ? I' � � � � �,�, -- � , �„ , / ~ + � -- � / � � �� 1 ;_._.._,� -� � �, � �,�1 � � � � � �, .�. � A- �� �.�, (�/, �; 1��1� I`%.t;% (P I�� �')�/I?�°r"' :� l�,'°:/?���;��/��i4�(Y�� —"" ���� "���� f} %�L�s �,�: �,p"� �('n,,t/ b–; t/'�l!:/CJ . .. _. .. . . . � �� � j . . �: � � p � . ` �,,,. y � [�, 'C��_ � • ,q��-/'/�. -a-�"� .• G , ./1� � , �n _O /5 % . / ` � . - - A sketch of proposed property and structure must be dra4�n on the back of this :form or attached, shawing the follocoing: 1. ;Vorth Direetion � _ _ 2. LocaCion of Propased Structure on lot. , 3. Dimensions of property, proposed - structur�, and fro�t and side set-bacics. • , 4. Streei Nac�es S. Location and use of ad�acent existin� buildings (within 300 feet). The undersigned her�by declares that nll the facts and repr�sentstions stated in. this application are true and coxrect. r:= • �t �• 3� �� Ii'� �.. � . � t'i s.#s . . . ... � �J�5,: s11_/�. :., E.',.�: - • DATE��-, .F�;�'? �<���% T/ � SIG�ivATURE ��' � •.f-�._i,- '�"`"� I n r� �� � i✓-:: � A7C'��i �+w��. . � . ,��-����) �"J �;-r ;�, � ) � ,�� . _ �,r �;..�' t .{f'rrJ :> �, w°�rrZ � • ... � � �- � . 1 ' � ak sY i1e �t 4e a2 '�k sY de � APl�roved Deni�d�. . By the yoa�d a� .�p��a�s� . _ Subject.to the Fo11oU�in� Conditions: . �BCQ /�pproved Denied by the Plannin� Commission on Sub ject to the Follo�,�i.ng Conditions; - ' date .• . ,,^ �pg�cr��ed ->Deni��Y - _ 6y the Council on . . .. � . ` Subject to the Fo11oc i� ng Concfitions; � ' � d$te � -. •� . Form PG i00 � : S HA1+giERLUND II�ITERPRISES: ZOA ��b8-13 20 " ParceT ��10 and ��20Q (rd. 903' of E 3/4 � of NE� of NE� of Sec. 13 _ Rezone from R-1 to R-3A _ __ __ _ � . . 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G ss�t,,.� _ur__ _- -- -- --- t� -- - - � � � o o ry � � � . i � _ 2¢ ' :/ / / m � d=l- ' ` ; � 9 � � � .i � -> - - - � — - - -- - �� �i' .�: �� _ �11/ • -- Z....� . � � ^ S r. _. � ��' ,�� a �� '• � � •-'�Z-- - --a - - ��_ s, •..�, , i a - - - � - - - e °`�� ` ; 2 � 2� �f' � .__ _ C. _ _ �rt,l'E� ' ' — l� --- - -' -- z �— —��--- /O � � �a.� f �...._.. ; � 2� L � f �-' � � �o � ' � ,, . � f,.9 ` t;j �3•�� b �J � _ �:. � CORRECTED OFFICIAL NOTICE CITY -0F FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue N.E, on Januar 3p 1969 in the Council Chamber at 8:00 P.M. for t e purpose of: f1 Consideration of a rezoning request (ZOA #69-01) by Pem.tom, Incorporated to rezone from R-1 (singlE family dwell�ngs) to P.D. (Planned Development) that part of the SE 1/4 of Section 24 that lies North of State Highway #100 right of way, T-30,-R-24, County of Anoka, State of Mi-nne.sota. Generally located North of Highway #694 between Matterhorn Drive and the Fridley-New Brighton Boundary. Anyone desir�ing to be heard with reference to the above matter may be heard at t�is time. PUBLISH: January 8, 1�59 � January 15, 1969 � January 22, 1969 _ OLIVER R. ERICKSON CHAIRMAN PLANNING COI�iISSION 21 � � r �f�f� CITY OF FRIDLEY •� TYP� Or^ REQITEST ' MINN�SOTA . •� ^ ' ' . �_._. X__�___Rezonin$ . • PLANNTNG AND 20iJING FORM � Special Use Permit Number ZOA ��69-01 � ' Pemtom, Inc. Variance � �APPI.xCAI�TT' S SxGNATUI� 6�.� _ �/.�IQ�f• Lot Splits Address 8053 Bloominqton Freeway� rTinn. 55420 Approval of Pre- . � Telephone Nu��ber 88$-9561 . liminary Plat . ' APPxoval of Final � PROPERTY. OI�NEP.' S SI Address � `�c,� c Acres, Inc. Plat n .�. . � � >�.-� - � � Streets or plley---.,_. • �. Vacations Telephone Number 7 �%� — �.5 � �� ' � Other Street Location of Pro ert North of Hw� �694 between bSatterhox'n Drive P Y_,_.��..� r. Y-; d�,p��r.�,.�Bra.c�htc�n BQUndr.v Legal D�scra.ption of . Propertyth�t part oi the SE 1/4 �of section 24 , �awnship �:�0, ranc�e ��, that lies north of state highway � 100 right wa Count of. Anoka, State of Niinnesota Present Zoniug Classification R-1 � . Existin� Use o£ the Property Vacant , -_, Proposed Zonin; Classification, Special Use, Variance or other request. P•D• Describe b;:iefly the Type of Use and the Impro�euient Proposed Single Family attached homes (tocvnhouse), Multiple D�aellings and Single Family detached Homes Aereage of Praperty 120 Acres + . Has the Present Applicant Prevfously Sou�hC to Rezone, Plat, Obtain a Lot Split, Obtain a Varisnce ar `Sp�ciaY` Use Fermit on t�e Sub'j�c�r SiCe br Part of It? No '""'"� �" �� "` When? � . What was Requested � Pee Enclosed $ 40.00 /'1 , � Date I%iled Date of Hearing � ,� • PLANNIN; AND ZONING FORZi . i��. . PACE 2 -. . ' Nuuaber ZOA �69-01 � � _ . . . • Ttec� undgrsi�ed uczdersL•ands that; (t�) A list of aIl'residenCs and ocaners of pro- /"� , perty within 30Q feet must be attached to , th�.s application. � (b) This application.mast be si�ned by aIl o��ners of the property, or an" explanaCion " � given c�rhy this is not the case. _ (c) Responsibiliiy for any defect in the pra- - . . ceeclin�s resul.tin� from ttie fa£Iure ta list ' '.. . the names �nd addr.esse3 of all residents . �tnd property owners of proppr�y withict 300 � � � _ feet of the g;.op�4i:y in question, belongs ' . � . to Che undersi�ned. Residcnts and Uaners of Property ��ithin 300 feet: . . PERSONS � ' ADDItESS � See at.tached list. � - ' ^ � A skeCch of proposed proparty and sCructure must be drac•�n on the back of this ` form or attached, shctoing the following; 1. Noz�th Direction �2. Location.of.Proposed SCructure on lot. 3. Dimensions of property, proposed structure, and front and side set-bactcs. 4. Street Names 5. Location und use of adjacent existin� buildin�s («ithin 300 feet). The undersi;ned hereby declares th�t a21 the facts snd representations stated in tbi.s application are true and correct. pe tom, Inc. . DATE 12/31/68 SIGivATURE S� � �% Gs . � (APPiTClxNT) � . .� • • ... . . •.. �'e ak � s•e 4t �'r R!c ��; .' . , ,Agg�oued Deni�d .: ,. By the : os�e� b�-�P�e���� . Subject to the Follot��in� Conditfons: aaC� , �I -•�M�_ Approued` Denied by the Plann�n� Commission on � St�bject to th� Fo1Io:•;in; Concli�ions; . daCc ^ Approt�ed Denied by the Council on __ Subject to the Follocaing Conditions: date Form PC I00 . F n � � . ����� ���n� G��-��� i� >� �f G � List of Owners and,R�sidents Withir� 300 ft. of Applicant's Property Owner Doyle non and Lois R. Mullen Roq�r R. and Marlene E. Sonstegard James F. E1].iott David A. Doebler, Jr. & Yvonne B. Doeb2er William J. and Elizabeth A. Vidmar James and Jayce Luff John M, and Barbara F. Donahoe wflliam A. and Ethel M. Dietz Herman F. and Joan C. Bergman Lowe1 C. and Delores M. Mellum Ronald L. and Judith v. Morin Will.iam D. and Kay L. Shontz Harold E. and Vio1a M. 0� rt Rabe�t E. and Gre�he S. Aho Marvin F. and Dar�ene Corbett WiYmer and Ruth Adams LaVerne and Valencia A. Erickson Henry, Jr. anci Virginia M. Wahlberg David A. and Linda P. Petterson Harold and Judith Holmberg State of *4innesota Nickolas C., Jr. and Carolyn M. Huble Henrik 41son Kermit �a. and Louise H. Person George D. and M. Jean Bukovich Dona].d and Eleanor F. Heyda Paul C. and Twyla J. Riddle Richard E. and Harriet G. Hudrlik Loren N. and E1sie W. Argabrignt Lawe].I T. and Darlene A. Coulson Howard G. and Loree Dunkley Arvid �. Carlson & Son, Inc. Jacob P. and Emma D. Wiens Arvid E. Carlson & Son, Inc. Arvid E. Carlson & Son, Inc. State of Minnes�ta in Trust Ovel t�T. and Elizabeth J. Johnsrud John and Mercides Powers Acres, Inc. Acres, Inc. Acres,.Inc. James R. and Jane Durand Don�ld and Lynda Zappa Address 1233 Hathaway Lane 1249 Hathaway Lane 1265 Hathaway Lane 128I Hathaway Lane u.�-1i st. cioua, r�. 56301- 1246 Hathaway Lane „155 Windsor Drive, New Brighton 128Q Hathaway Lan� 5503 Regis Trail 5517 Reg3s Trai3 5531 Re�is Trail 5547 Regis Trail 5561 Regis Trail 5577 Reqis Trail 5591 Regis Trail 5603 Regis Trail 5653 Regis Trail 5659 Regis Trail 5679 Regis Trail 7525 Tempo Ter=ace,N.E., "2inneapolis �� I 4530 W. 38th, #322, Minneapolis 55416 1911 1223 1244 1224 1225 550� 5524 SS40 555� 320Q 5R09 32QQ 3200 Benjamin St.N.E., Regis Terrace Regis Terrace Regis Terrac� Regis Terrace Regis Trail Regis Trai2 Regis Trail Regis Trai2 France 1�ve. So, , Arthur Street France 1�ve . So . , France Ave. So., Minneapolis 5541=� ��Iinneapolis 55416 Minneapolis,55415 Minneapolis 55416 58�1 Tennison Drive I613 Berne Road 1214 .lst Nat'l Bank Bldg., Mpls. 1.214 lst 1�'at' 1 Bank Bldg. ,�ipls. 1214 lst hat'1 Bank Bldg., .ipls: 1553 Berne Road N.E 1549 Berne Road . M, 25 Owner Address ^ Acres, Inc. 1214 - 1st Nat1 Bank Bldg., i�ipls. �lcres; Inc. 1214 - lst I�Tatl Bank Bldg., Mpls. Acres, Tnc. � 1214 � 1st Nat1 Bank Bldg., Mpls. Olaf and Julie Scoenson 1457 Wind�nere Drive Lawrence L. anr� G1adyS D. Palkert 5543 ��latterhorn �' �ludubon Park Church of Christ 1260 Regis Lane N.�. . �T f �l uC � /L�/n:.�' . � Si� f� Rc N�� r C� «s� c� F� s�- P� �.� 2 2 E. S U�,� � r �-1 ��C . 2l ��:� �� �� . � ��w- ��'�`"Jx.; " '$� G� � � j �-ci , ._.. � � � � � -�_ �, , . , � �� . _��._��- _ �,__. � � � j , k; r ` '-� *.. , �. _�i L.� �, _ ._ _ ! . �.._ < ; � Ci `S / \ / \ 0 . . . . .. . . . . . ... I "v Q pV3 v .� a�, `�.� �.���/YJ,..�. %•° R/i W `" n/^ r� J.� � 6 a�� � �o � � �At� � � � � , 0 26 � � ; � ,, � `, ��t�:H—sT ..N. .� -% : caRDEN A AT`E A� ; 3d,, P �., . , �, ,� / �_. 31 ' 3t �( Z� 3S ;6 i? y li ...,I,� ta 1d �4f.QS - p.. I I � .. . � . . � . . ZF 19 � ;� V Q. . . . Q . . W - � . . . . l ,� � ---�. . � �L . ? �! 1 . . . . . . � ' �� __ � � . �t � 4� I I PROPOSE 3e- — --41 -�" � �� P = �a� i z_, ' � I GRACE 'CATHOLIC .o� Qi --�j �'j o� � � HIGH SCHOC�L 39 - � ; e -- - ' , z N � ► 1 O� � � p � � . .-'C � W 4 I 1 - . . : . � . � . . `�/'6 Q ' j � . .. . . �� � �'' - - �' _ ' 4� `Q �' � 4B •� � � 9 ' �1 . �---'.--Y\-.�.' .. -� -'. - -- ._-� � ; .�„- W I. � ,Q�rg-� � ��� Q , R_: : , . 49 sc s/ s2 , „ , , , �. , � �: � \ � I �- -r � , - I�?�ac�4iis1 /;2 3 r s �c � 8� � LAIJE A10 22 ' ` 1 • � \ ` 4' I Z' �/ 2 Z7 14 6`s �E • � "_� ft .S' 4 , �' �� � � : ,, � � �9� /i I I`� I ig �s �c_ I � {' 2 ' � 3 I . �'�� u � u I � � � ` _ � 3- � � i _ _ _: - -- • � Q � � � R � + � i --.-_ .�_ _ _ . __ . _ __ o�,� � i � � � �„a 3 2 / � ' � �:: •" ` s ; w's j Pemtom, Inc . �' '�o''_ 6 4 � ,z 4 ;st I ZOA ��69-D1 : � • �` 3 0 � That part of SE'� of `' �� � 5j�'' Z � a , Sec. 24 lying N. of �i�100 N .,� .� �,� r r� � 9 , rZ� right of way �_ � RE f L �mt - . _ _ __ _ _ g ___ __._. _______ J � R ►�3 �_� . -- � z ti � �s �� 4 ' \ N4 f �~s � r C M ��Z V � � _ �,I -.'_ -___ 4 - � -- � T E 4 'i � o R f T� , ?, 2 / �;/ ��� , ' 7 � SKYWUO(J IANC %l.E. . � 40 39 /"� �� . . :; p � �UAfl ; MATTER �. a C . � 34 33 � V � . .. `�`"' CJ�. lYV.--•7� / 4i �' 38" - �; c s . � �35 � 4 � 5 4+ti• r� `<��t�id.�'.i...:�'+fb t �� � 42 V 37 3c 23 ' -__ '/4�/�f' ' - #'E. s--....:-.— - - - - � L , � .-.. ... . � - � -. 3i .�- - .-� . -- - -- �-., " .� -- -. '_ . , . . �. e s 2 /9 �-�-... Z�' 0 q.`'. ze tz , z� to• ie IB 17 16 IS ia i3 5h30 ' ,s ' Po a. ' ia � � yQ i� i 2 3� , . . F"' i7� � . /t7� , 3. . _ � Q � . 3 29 27 !? . B . ?' 1/ z � I � ia 4 12 _ . ,. � �� .�Z,+ 7 � k r '� Z`�? .� i 5 6��/��� 8 /� 2 i I I J8 T� "�" '��21 /4 ' ' �L• � �1 � e � i1 � F 13 � 0 8. 9 � O I � u � 2 � � z 4 � � � (�Y (-� � ','S a Z 3 p `/ TR��-1-�p Y, ` 8 9 O�4 �g 16I .t7 6 Q 7 �� MI _r "•i�,•� �, g . �g �LL1�--- (i., fi_ � ;4� 25 = ;/ �1 a� _ 7 ' �p �� -- v � � �� . � " � '� , S d 9 I i �` i S s.. �'! i S N S .' ihN (� � O�^ . 0� � I 2 �.� g � 5 � . \ . � J _ 7 �,` ? �, q SUi�iQ , . 3 2 * 9� .'`- b � g 2 4� ti . -' I 4 � , _ . �: y. . � � Z,,_.= , e � � �.. N 28 e��� �' G�ACIER N ?� � � � 2 3 ,, , � ' ' ' a 3 ,,�. � io � E z 2 �► ` ! ., i jJ /� ��n ,�' nu7cos0 /D� 1 I� � 1 �. � 9. J T 6 5 4 I..t � � j. .• . • Y ' ,.LIMfiS ` � � R - , J . �., . � • � �I PEMTOM, INC. • 8053 BLOOMtNGTON FREEWAY • BIOOMiNGTON, MINNESOTA 5542Q • PHONE 888-9561 December 31, 1968 r'1 Fridley Planning Commission c�o Mr. Darrel Clark, - Assistant Engineer Fridley City Hall 6437. University Avenue N.E. Fridley, Minnesota 55421 Gentlemen: Enclosed is our application for rezoning of that part .of SE 1/4 of Sec. 24, T 130, R 24, lying north of Interstate 694. It is our understanding that the Planning Commission will meet on January 23, and we hope that a public hearing on this matter could be scheduled for that date. Our application is fos "PD" zoning. Although we have not built in Fridley before, we have accomplished several sizable planned developments in other'Twin Cities commun- ities having PD provisions in their zoning ordinances. We are very much in favor of the PD approach to urban �,.� growth, and we are pleased that Fridley has included a PD section in its ordinance. We think, however, that certain aspects of the Fridley PD section wou2d pose enormous and perhaps insurmountable difficulties for us in the development of the pa�ticular tract with which we are concerned. These difficulties stem from two fact5: 1. The size of the tract. The property contains approximately 120 acres in Fridley, plus an additional 30-35 acres in New Brighton. The development of such a large area would no doubt reguire sev�ral years. We do not think we can adeq- uately project the public's needs and tastes in housing for such an extended period, and, therefore, do not feel we can provide a detailed development plan for the entire area at this time. Until architectural designs for future buildings have been drawn, we would not be able to designate ".location,. gene�al exterior dimensions and approxzmate gross floor areas of all proposed buildings". Nor would we be able to designate: � Fridley Planning Commission c/o Mr.' Darrel Clark, � Assistant Engineer December: 31, 1968 Page Two the location, arrangement and number of parking stalls; location and dimensions of pedestrian entrances, exits and walks; standards for exterior finish, etc., all of which are required under the present ordinance before any construction may begin. We think it would be pre- mature at this time to attempt to provide such a det- ailed design for the total area. In addition, this unique site involves a fantastic amount of planning and architectural time and expense which would be inpracticable to incur without some assurance from the City of Fridley. 2. The option on the pro�erty. We do not own the property but together with Bor- Son Construction Company, have an option for purchase, and we have arranged mortgage financing with which to exercise the option. The mortgage companies, of course, will not place the financing for our purchase of the �, land without some assurance that the City would not oppose the kind ot development we intend to undertake. Satisfaction to the mortgage companies on this issue would have to be accomplished prior to the expiration date o� the option. Under the pr�sent PD zoning pro- visions in Fridley, there is no assurance as to what type af land use will ultimately be approved on land zoned PD. Such assurance apparently is not obtained until a detailed development plan for the entire area is approved. As explained above, the size of the tract makes a detailed development pl.an impractical at this time. Perhaps a Planning Commission and . Council resolution or statement of intent regarding future land use could be obtained in our case. � These are the principal problems we are faced with in our progosed development in Fridley. We hope that you will appreciate the difficulties we are faced with, and we would be grateful for any development suggestions, proc- edural recommendations, or any other assistance you may �• r''1 /'1 � Fridley Planning Commission c/o Mr. Darrel Clark, Assistant Engineer' December 31, 1968 Page Three be able to offer. We wish to cooperate with the City in every way; however, because of the difficulties described above, we do not see how we can meet_the present ordinance requirements for the development we propose. One approach to PD zoning which has been used successfully in other communities, and which would solve our problems, is as follows: 1. For large trac�s the developer submits a general plan for the entire area. This plan shows only suc�i items as principal streets, types of land use, and residential densities. Thus it shov�s the internal traffic pattern, the relationship to exteriox exist- ing streets, and the relationships of the various land uses. It shows`how the proposed development would relate to existing development and the City's Comprehensive Plan, but no construction details are specified. 2. If the City disapproves the proposed land use or other features of the general plan, it rejects the plan (or it ma�r grant approval contingent upon certain mod- ifications.) 3. If the City approves the �eneral plan, the developer must then provide a detailed plan for the particular portion he wishes to develop at that time. This det- ailed plan must be for the specific land use already approv�d in the general plan. The detailed plan must show bu'ilding locations and dimensions, parking lot designs, pedestrian walkways, and any other eonst- ruction details the City may require. 4. If the City disapproves the detailed plan, the dev- eloper must amend the plan to the sat sfaction of the City or design a new and satisfactory plan for the same land use. 5. If the City approves the detailed plan, building permits are issued for construction of that portion. 29 i . . � • � . . . . , . 30 - Fridley Planning Commission c/o Mr. Darrel Clark, � Assistant Erigineer Decemher 31, 1968 Page Four Construction of subsequent stages is handled in the same -- :manner, that is, by submission and approval of detailed plans for those areas. That, briefl.y, is one way in which PD zoning can be appl.ied in a workable manner to very large tracts. There may be others,' . but the above is one with which we have had personal exper- ience. It seems to have worked out well for the municipal- ities, ourselves and the residents. We have had excellent � relations with the municipalities in which we have warked, and we look forward to an opportunity to prove worthy of your canfidence and support. We hope that some adjustment can be made in your present ordinance to give us that oppor- tunity. Any consideration that you give this matter will be gratefully appreciated, and we will do all we can to coop-- erate with the City on this and any other issues where we may be involved. Very truly yours, � PEMTOM, INC. ; chkla� _ Robert E. Engstrom Vice President REE/Cj r CI�Y,OF FRIDLEY ^ MINNESOTA PLANNING AND ZONING FORM Number �-� /-� � (� �f � C'� �% _ /'/ /i��� TYPE QF REQUEST - X � Rezaning Special Use Permit Variance 31 APPLICANT' S S IGNATURE,�,�k�.%�f,�!T� 6CE'- �/�st� �, Lat Sp I i t s Address 2415 Foshay Tower Approval of Pre- -. . ' liminary Plat Telephone Nucnber �32-8921/ 339-1074 _ _ Apgroval of_Final , Plst PROPERTY UWNER! S SIC�ATATt1R� . - : _ __ _ . _ _ _ _ . _ Streets or All�y:. _ Addrese Vaeations _ _ Telephone Number > Other _-__ ,_ Street I,ocation of Property 1490-1530 (approx. ) Onondaga Street NE . Legal Description o% Progerty North 2 Lot 30, _ North 2 Lo�t 31 _ _ _ __ _ _ _ __ _ .- _ � Auditor's_Subdivision No. 129 : City of' Fridley Present 2oning Classification Residential Existing Use of the Property Vacant Land ,,� Proposed Zoning Classification, Special Use, Variance or other request _ . -, � . , . - � , ,. ,, _ MULTI PLE ( same as South 2 Lot 30 ) Describe briefly th�_Type of Use and the Improvement Proposed �ne and two bedroom apartments Acreage of Property 3, 6( Approx, ) - ° Has the Present Appli.cant Prev�o�usly Sought to�Rezone; P�at, Obtain a LoC Spiit, --• Obtain a Varianee or Special`Use Permit on the Subject Site or Part of It? No. : _ When? : _. _ _ _ .. � _ What was Requested Fee Enclosed $`�•� /`� . — Date FiledJanuary 21, 1969 Date of Hear�ng !� rz_ � � q-S C,� S'� . • iG � GEORGE M. 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E. � Eii4 coaN£R . sec. ia 3� CITY OF FRIDLEY TYPE OF REQUEST . • MINNESOTA . �..� ' . �_„_,_Rezoning ___ Y%ANNZNG AND ZONING FOFtM � P.S. �69-A1 -- ��^��� Special Use Yermit Number 1" � Variance APPI.ICANT' S STGNATURE `---�� •"z-.-�_.��> �( ��-� �,-z-_, :.�.: -,., . _____„�Loi Splits Addxess 3425 �=oolidge St. N.E. Mpls, Minn � ppproval of Pre- _ M Telepit�ne Nvmber 781-2611 liminary Plat - - - - _,_ _ X . _APPraval of Final . P2at YROPERTY OWNER' S SIGNATU�tE� � `���„_, ��' ,�.��t�,' ��� Address � � <�=��L.-s�^ � " , , • ' �,,,,Streets or Alle�.--..__ ..-�,L�� �:, p�' ctc.! Vacations Telephone Number � (:r' 'L'� �� � . ' Other Street Location of Property -- � Rear 431.6 ft. af Lot 35 and rear 401.9 ft. Legal Description of.Property�� Lot 33, Ric��x Revised Auditor's Sub. �77 , � , . Preseat Zoning Classification R-1 _ � • Existing Use vf the Property Vacant _ - • ---�.-�..: � Proposed Zoning Glassification, Special Use, Variance or other request Plattin _ Describe briefly the Type of Use and the Improvement Proposed 8 single 'family residencial lots Acreage of Property a�prox. 2.5 acres . Has the Present Applicant Previously Sought Co Rezone, Plat, Obtain a Lot Split, Ob�ain a Variance or Special Use : Permit on tiie Subaectr Site or Part of It? No Whea? —�� ir�ta.t�. was Requested Fee Enclased $',,r, c;� ^ t#ate Filed � : . Date of Hearing . _ � �S�-�� � 4�S(-,�-•� . �° �e . � �� ��� � �� � � l� � � . 34 C!T Y OF FR/OL EY - ' � Brentwood�Estates - P.S. ��69-01 Rear 431.6 ft. of L. 35 & rear � �. '401.9 ft. of L. 33, A.S. ��77 � , a � � , � n s.H � � I . � \ � � +� � � �'� J�— ', � a. ,r A ' 1 °: , � 3� �'� ;`'' �,�,`',- _ a � � � . v .._ , y r � . �� � � � iir � `� � ' • s� / � . 7 + �e.. r..� ' ....... ` 5�e` " $ �.Zw.:...� g � _,, . _... . ._.. 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" - �1.�4o i _ ,.� - . ti J � ._ � r z" _ � . : --• � ` a� �i .�, `. � . ?`�' •.�� � LOUIS MOMCHILOVICH ZOA ��68-11 � q � � _��f ... . . � D . �� e � L'r r;� W. 47 ft. of S. 120 ft. of L. 10, �' �/. .{ ; CL. •�� � 1" � � "� 1 A.S. ��88 Rezone from R-1 to R-3A �.�' ' ��j r�A t- ��' � �- � � _ . �� ' �V to be_added to ZOA ��68-04_. _. __ _---_ �s - .----- -�- --- - _. � •IsT 6 � ��� ` , _ - _ ------- —»_L,.3o-'--- �.:., �� W ..,..,. �� �- ��` � ��;pp _ , ��� '�� Auo�ToRs �,�� ��: . � , . , . , �,, _ �-- -. �-y ---- . �-.;� ��: � . y�� -� r . � �4 . • tj . ` + . . �'� . � . � . . . . ` . . . � . . � ' 1r� � t . . � � . . . }M�i� . � , . .� ° . . " _ r.(�,'� � . . � . . . � . � � � / � + _ .Ip ?t�s� ,�• • .�(;• `• ;� i _ :L • - _ �. : �• � � �KE . DRlVc : : `�' : -- - --.- ---- �`'" - ... � .� • � '} _.� ... � ` . . ' ••.� � _ • • �l . . . . . � � V � . • . � . . • " • � � S♦ . � •• . �� � . . . 1� � . ', � • . .. _ . �. . . . .. . . . . . _ .. _ .. .. . .. . . . . .. . . . . , ,. •. ... � -��-- - �-- -- - -�- . M �� E. C�--�, � � r�S/6- /�o,rT M G..r � o F 3c.,�,� � � /�• �S.O _ -45.0-`; �N.W..oC07�NF1t oF �ar/� l3ceCl�� ' '� ' � _._-rs:__��_�, ,. e o ' -.�, .� � � _..� � -- . � t,�sb ` 2 so_ '_ "1— — ---�- . . 1 0�' j . � 'i �s r�4�'' I `. � � , ' '� `�� � a = 58°�4g' S1�� r t►' . .� . , f~ l • � �• �� � �� �� � i� �� � i • • ' •. . � •• �� �• • ��N� �'1 � � �� � �jcatE� /"= 5D' /2-23-GS w�+4 � R = 23D: 56 � Y = t 3 0' � . D� 24.85° L= 23�.74' n • ` ,� � , � •:�• ' . � •�• ♦ s � / � ���• ' . � ' / / ,� ♦ �%�$. / io . � �ti ' �� i• , �h� d� /^I ` � •r �•, r r � \. � ` % / / . � /! / � � = 58° 49� 51�• R = 230.56� T=130� D = 24:85° L = 236.74� . � � Y � � t a , Z � N � � • 1 � � . -------- L- SAV ��69-01: City of Fridley vacation of portion 1a , of Hyw. ��65 West Service Road South _,,. �o� . of 73rd Avenue for Loopback. � /S' ) � ,w � Y•.+ V � 0 4 � � 3 � ? � W A Q � h Y+ � � � � 2 � � � � � � � n W 3 3'7 . , 0 �"1 � � � OFFIC,IAL NOTICE CITY OF FRIDLEY ' FUBLIC HEARING BEFORE T�iE . CTTY COUNCIL TO �VHOM IT MAY CONCERN: sav ��69-oi : vACATZOr� �S for Laopback on 73rd Ave. Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 Universit�� Avenue N.E. on �ebruary 1Q. 1969,in the Council Chamber at 7:30 P.bi. for the consideration of the following matter: Vacation (SAV #69-01) described as follows: AlI that part of the Highway #65 West Service Dr,ive that lies West of and adjacent to Block l, Fridley Industrial Park Plat 1, South of the North line of said Block 1 extended East and North of the follo�ving described right of `way, a fifty foot (SO' ) strip of land the centerline of wIiich is described as follows: Commencing at a point in the North line of Outlot l, Block l, of said Fridiey Industrial Park Plat l, located twenty feet (20') West of the Northwest corner of Lot 1, of said Block 1, as measured along the North line of said Outlot 1; thence South, parallel with the east line of said Block 1, a distance of fifteen fee.t (15'); thence South- easterly,on a tangential curve to the left with a radius of 230.56 feet and a delta angle of 58°49'S1" a distance of 236.74 feet; thence on a line tangent to last described curve a distance of 8.11 feet; thence on a tangential curve to the right with a radius of 230.56 feet and a delta angle of 58°49'S1'' a distance of 236.74 feet and there terminating. All lying in the South Half (S 1/2) of Section 12, T-30, R-24, City of Fridley, County of Anoka, State of l�2innesota. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: January 29, 1969 February 5, 1969 JACK 0. KIRKHAM� M�lYOR v. r ( t ' � � � � _ 39 MEMO T0: Plats & Subdivisions-Streets & Utilities Subcommittee MEMO FROM: Engineering Office SUBJECT: State Aid Mileage Gentlemen: The annual chore of finding new streets to be put on the State Aid system has again come to your Agenda. We have opened new �treets this last year entitling us to increase our allowable mileage by .56 miles. We recommend that certain streets be taken off the State Afd System which will add another 1.07 miles to the total of new mileage to be desig- nated making the grand total of 1.63 miles to be designated. The streets we recommend be taken off are as follows: No. 323 - Ashton Ave. from 79th Way to 83rd Way: Because we i.mproved a portion of the street, we were unable to collect State Aid Funds. No. 306 - 69th Ave. from Central Ave. to Hwy. ��65: Due to the Medtronic Indus- trial developing the property on which it would 1ie. No. 316 - 67th Ave, from 7th Street to University Ave.: Caused by removal of access to University Avenue. No. 320 - 64th Ave. from University Ave. to 5th Street: Due to its improyement without State Aid monies. The following streets to be considered as possible new routes are listed aecording to priority with individual lengths indicated. 1. 1.02 Mi. Alden Way, 75th Way, 79th Way combination: Right of ways are adequate and route is about 80°G improved and will not need any new construction in the near future. 2. .60 Mi. Rice Creek Terrace and Monroe Street combination: Rice Creek Terrace R/W is adequate and Monroe Street right of way is 50 feet. These streets are in good condition and would'not need further improvement for many years. 3. 1.02 Mi. Rice Creek Terrace, 68th Ave., 7th Street cambined. Could be substi- tuted for Route i�2 above. Right of ways are adequate with exception � of 68th Ave. and improvement is possible to occur on 68th Ave. and 7th Street in the near future. � ��� � Memo to; plats & Subs.-Str. & Util. Memo date: January 15, 1969 40 Page 2 4. .80 Mi. 52nd Ave., Buchanan Street, 53rd Avenue and Matterhorn Drive combination. Right of ways are sufficient except for 52nd Avenue and improvement is not expected on these for quite awhfle as they are in fairly gaod condition now. The xemaining possibilities are marginal due to either location or their present state of travel. They are as follows: .50 Mi. Benjamin Street -,Gardena Avenue to Rice Creek Road. .12 Mi. Benjamin Street - Rice Creek Road to Mississippi Street. .50-Mi. Main Street, 79th Avenue to 83rd Avenue. .93 Mi. Alden Way, Mississippi Place, Charles Street combination. 41 PlaaninA Coa�ission Meetint� - October 10, 196_ 8 ��� P8$e � RBCBIVE PARK3 � R�CREATION CQ►!lISSION MTNUTES• SEPTffi�ER 23, 1968: 11 - IrDTIOTT by Jeasen, secoaded by Myhra, that the Planning Commiasion receive the minutes af the Parke � Recreation Commisaion minutes of September 23, 1968. Upon a voice vote, all voting aye, the motion carzied unanimously. 1�OTION by Myhra, seconded by Jensen, that the Planning Comnissioa receive the miautea of the Plats � Subdivisions-Streets � Utilities Subcanmitt�e meet- ing of October 3, 1968. Upoa a voice vote, all voting aye, the motion carried ua$nimously. 0_RDI�R OF �l�Gffi�1UA: 1. Chaisman Erickson stated the meetiag would proceed aa listed. ARING : APP1tOVE PBELII�IINARY PLANS P�OR PD ARF,A . Coatinued to October 24, 1968. Continued until next meeting. 2. Pt�BLIC I�ETING: VA�CATION S1VDY OF 7"'• AVENtTE_ (PRpJECT ST. 1969-3) : ; Mr. Clifford J. Thoe, 847 109th Lane, Coon Rapids: Mr. Thoe ia the ^' avner of the service atation on the northWest corner of 73rd Avenue and �- Central Avenue. He said he could s�e the object to vacate 73� Aveaue in order to run the street through on 73rd Avenue. He has a house on that property cloee to where the intersectioa would be, aad there are large fuel � taaks uaderground which would be under the right of way. The house faces on Central Avenue and the taaks are in froat of it. His problem would be dedicating 33 feet at the aouth end of the property. Darrel Clark review the problem by saying that if the street were vacated, all the right of way would be held by the City for utilitiea. If they yacate 73� Avenue, perhaps the property awners would dedi�ate 33 feet in the south bouadary of their property for the extension of 73rd Avenue. There are same prapertiea that Would not have public accesa if the street wera vacated. The public was it�formed that, if 73� Avenue were vacated, the property owners could not build a permanent atructure aver the vacated laad, but could use it for plant�ngs or parki,ng. 1lie ztming in this area is as follovs: Block 1, Lota 1 to 10 ase C-2S; Lota 11 to 18, -- M-1: Block 2, Lota 1 to 16 are M-1, Lots 17 to 18, C�1. Mr. Carl Sorenson, 4615 University Av�nue p.E.: He �aid aa imiproved street on the •outh aid� of his property would be an advantage, If 73� Avenue Nese vacated, he Wonder�d if a road could be put on the aorth eide of Block 1. \ 42 ^ Darrel Clark explained that Council asked if it would bs fesai.ble to trade property. Because of the building of the Onaa plant and future iadua- trial �panaion, 73rd Aveaue was designated to ba a State Aid soad and it was necessary for accese to Highway �65. If 73� ia vacated, lulf of the right of way would go to the owaero on the north oide of the atr�at aad ths other half to the o�wners on the soutii. /'� 3. 4. ^ Chais�oan Erickson etated this was a fairly aizable probl�at aad could be sent down to the Subcom�nittee for further atudq and call th� public back. Aa attempt should be made to get more of the p�ople to the maetia�. Mr. Jensen, chairman of the Plata 6 Subdivisiona-Street� 6 Otilitiea Subco�ittee, eaid the public meeting would probably be in ths �iddle of November. M�TION by Myhra, seconded by �easea, that the Plaaning Co�issioa sead daw�n to the Plats � Subdiviaions-Streets 6 Utilities Subcamittee the watter of the vacation stuciy of 73� Avenue (St. 1969-3) with the ia8tructioms that the Subco�nittee, in their deliberatioa, meet vith the o�mers of the prop�rty. Upon a voice vote, all voting aye, the motioa carri4d unanimousl�. ' It waa explained to the property owners preeent that thia atudy Nould go to the Subcaa�ittee aad in about a mvath or manth aad a half, they could expect to hear by mail for the informal diacussioa. The decisioa, if the Subco�ittee malces oae, will cama back to the P1a�aing Co�ia�ion and thm to the Council. �i�IUBD LOT SPLIT RI�QOEST: L.S. #68-13. OAVILLE �: Lot 30, Brook- virw Addition. Darrel Clark said he wao advised by the City Attornay to s�ad t6e requert back to ?�Ir. Ratley asking him to get his wife'• sigaature before the Plarmiag Co�ission can continua.the request. This Was dane, but w have not haard from him. 1�TION by J�ueen, secandad by Myhra, to table the Lot Split E�quaat, L.S. #68-13, Orvilla Aatley, of Lot 30� Brookvie�w Additioa. Opoa a voice vote, all voting aye, the motion cttrried unanimoiiely. LOT SPLIT RBQUEST: L.S. #68-16, R(�TsERT WILSQd; Lot 4, Block 1, �lilsan Addition. Split into two 50'9" lota. � Chaisman Erickson 8aid it appeared the Board of Appeala and Couacil hs� caacurred With the xeque�t. The Plaaning Co�ia�ion, about a year ago, had recomorgaded rezoning this lot to it-3 with no waiver of ths laad area. Mra. Robert �lilson aaid they wanted to build a fourplex, but th� lot pu • only large enough for a triplex. She added th�re is a ti�r factor b�cauaa th�y waat to build before �!_t ge�� too cold otherwisa they might not b� abla to ssll if too late in the seaeon. It wa� notad that the lot sizes Colu�bia Hsights are an 40 foot lota. are combintd to maka a atandard lot. ia this ar�a ue miao�l in !'ridla� �td th� iou�s� ia Sooa of ths naller lot� ia l�tidle� ��� . 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F ' . . . . - _ .. ... �. . . . . .. . � • /"1 REGULA.R COUNCIL MEETING OF JANUARY 6, 1969 PAGE 9 COI�SZDSRATION OF AN ORDINANCE REGUI.ATING THE EXCAVATING OF STREE'rS� AVENU&S OR ALLEYS; REQUIRING A Pr3tMIT THEREFOR AND PAYMENT OF A FEE; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROViSIONS: 44 Councilman Hatris asked if this had been revieiwed by the Adminis- ration and legal staff. Z'he City Attorney said that he had looked it over, and is not sure whom it is aimed at, as all the utility companies and plumbers are excluded. If anyone were to want to do any excavating, they would have to poat a$100,000 bond and pro- vide insurance of $100,000 for one person and $300,000 for any one accident and property damage. He said that it would seem that it must be aimed at private property awners doing their awn excavating. The City Engineer said that this is no problem. He said that the Minneapolis Gas Company has been wanting to get this passed as they do not want anyone to dig up the streets. Councilman Harris point� out that if a$100,000 performance bond is required, it would be cheaper to pay the fine. The City Attorney said that he did not understand who is causing the problem. He said that he did not knvw if uaauthorized people were digging in the streets nvw. He wondered haw this would affect the home contractors. Councilman Samuelson said that this would place a burden on the setiver and � water cont=actors. Iie said that there is seldom a reason to break up a street. �3'he City Attorney pointed out that plumbers are exempted. Councilman Samuelson said that he felt that the utility companies ahould not be exempted, as they are the ones that do the excavating. Mr. Charles Cawan of the Minneapolis Gas Company, said that he is acting as laison man between the various municipalities and the Gas Company. He said that this Ordinance was drawn up by Engin- eers for the League of Municipalities, and it took about 1� years to formulate the finished Ordinance. He said that a great number of n�unicipalities have already adopted this Ordinance. He ex- plained that by having a uniform excavating Ordinance it would be similar to•the Uniform�Building Code used everywhere. He pointed out that all the work ntust be done to the satisfaction of the 8nginear. He said another advantage would be 24 hour notice be- fore any interuption in service and also that the compaction is spelled out in detail. Councilman Samuel�on said that he still felt that the utility companies should be included and be required to get a permit. Mr. Cawan said that the Gas Company tries very hard to make good patches and to auger under driveways, and he is asking only that everyone else also conform to their standards. � Mayor Kizkham com�aented that he could see the benefits of having a waif��a , exiCg�vating Ordinance, but that he would like to ]zave this btought b�acek ,�t. a later date to g ive the Counc il more t ime for thought on ti�is. Mr. Co�wan said that this nrdinance is for the o �v' � � . SUBJECT T0 REVISIQNS u�cb.i��aW±L,� �v�+. 4 �5 �����I�;'�CF i2�GiJ�A%��"r '�I-� E;�CCyb'ATII�G 0�' S��.EE�'�� .�'�I�ii�� GR %i,�:!EYS. R�QUI�IAiG � �ER�"�i�T '��I�I�:F(�% �'�'�J� �s�Yk�xx.��3'l.' 0�' h a';��;, �'� �'R�S1'.RIBING PENI�,LTT�S ��R VYOI,,�'�I0N5 OF I15 PROVISI4NS '�"' Section l. Short Tztl�. This ordinance $hall be known and may b� cited a� the "Street Excav�,tien Ordinance of the CYty of Fridley". Section 2.. Definitions. . For the purpose� of this Om�inance, th� �ollo�aia�g t�x�na, pha�����, �a�sds ��d the3r dex�iv�tioras �hall h�we th� msaning �:iven hem�in. 6Jhhen �a�� � zZ��a?�a.��-�nt with the caHt��t 9����s �as�ri in th� p�sent t�r�s� .i�ac�.r��ie �h� f��g� �����i� �� the plurs� aumbex� inclu�e the singular nu�ber, and words :.n the sis��ul�� n��.��� i.�clude the ' . plural nuz�er. Tta;; �a�rk „si:al:l" is aiway� man�ato�ry and raot a��ly diz�:ctory. (a) "Applicant" is any person making writien application to the Citp Engineer for an excavation permit hereunder. .. (bi "City" is the City of Fridleye . ^ (c) "Ci�y Council" or "Council" is the City Council of the�City of Fricjley. (d). "Engineer" is the C3ty Engineer of the City of Fridley. (el "Excavaticn work" is the excavation and other-wark pera�itted under an excavation permit and required to be performed under this ar�in���� (f) "Permittee" is any pePSOn who has b�en ,��ed and .iaas .in full force and effect an excavation p�zr�if issued h�reundc��.. Eg) "F�s+son" is any individual, firm, partnership, association or organization of any kind. � (h) "Street" is any street, highway, sidewalk, alley, ae�n�e, or other public way�or grounds or public easements in the City of Fridley. Section 3. Excavation Fermit. •� � It sha11 be unlawful for any person to dig up, brrakt. e3ccavate, tunnel. drill. bore, undermine or in any manner break up any.stree�.er.to�make or cause to be made any excavat.ion in or under the surface of.any street, or to place, deposit or �eave upan any street any earth or excavated material cbstructing or tending to interfere with the free use of the street unless such gerson sbsli..first have obtained an � excavation permit therefor from the Engineer as herein provided. . � . Ox�axazarsce No. . .-• .: ,,, -. _ _. ._ Excavating � � � � � . Section 4. App.lication for Permit- No excava�Cion permit shall be issued unless a written application for Lhe issuar�ce of an excavation permit, an forms provided.ror that purpose, is submicLe� "� to the Engineer, The written applicarion shall state the name and address �r t;:. applicant, the nature, location and purFos� �f the excavati�n, the date `�f c.c.m.�r�en��- ment and date of completicn of the exc:avat�on, and other data as may be rea��nalsly be required by the Engineer. If required by rhe Engineer, �he application sha�1 _ be accompanied by plans showing th� extent �f *_he proposed excavation wark,_th� - dimensions and elevations of both the existing �round prior to said excavatio:, and af rhe prop�sed excavated surtaces, the iccation of the excavation wor;c� and �uch other information as may be prescribed by rhe Engine�r. Sec*_ion 5. Permir Fee. Upon approval of the application for the excavation permit by th� Engin�er, the applicant shall pay a fee of $ c;c to the-Engineer *o cove� reasonabl e1st; for the issuance �f s�"_Q e�czva��..:.i �,���,ait o Section 6. Excavat.ion;Placard. The engineer shall provide each permittee,'at the time the p�g�it is issu�ed, ^ a suitable placard which shall state the permittee!s name, the permit number and the date of expiration. It shall be the duty of any perzaittee hereunder to keep the placard.posted in a conspicuous place at the site of the excavation wo�k. It shall be un.lawful for any person to exhibit such plac�rd at or about any excaeation not covered by such permit or to misrepresent the permit number or the date of expiration. Section 7. Surety Bond. Before an excavation permit is fssued r.he applicant shall deposit with the City Clerk a surety bond in the amount of $/���� �,�� in favor of the City. The required surety bond must be: ta) -With good and sufficient surety by a surety company authorized ta do business in the State of Minnesata. (b) Satisfactory to the City Attorney in form and substanceo (c) Conditioned that�the applicant wi?1 faithfully comply with ali the terms and conditions of this Ordinance; all rules; regulations and require- - ments pursuant_thereto_and as required by -the Engineer and all reasonabl.e _ requirements of the Engineer. (d) Canditioned that the applicant will secux^e and hold the City and its officers harmless against any and all claims, judgements, or other cas*.� ar�sing from the excavation permit or for which the City, the City Council or �'1 any City officer may be made Iiable by r�'��+� of any acciden� or injury to - persons or properry through the fault o" tne permittee. Recovery on such surety bond for any injury or accident shall not exhaust the bend but it shall in its entirety cover any or all future accidents or injuries 3uring the excavation work for which it is given. /'1 I Ordinan^� No. • Excavating �� In �he even? cf �z�y suit �r cl��m ag•�ins* the City by r�ea��n �_= the negligence �r defa�l,*. `�f the permictee , up �n the C�ty, givi�.g wrix *e •, r..;? i�s to the peFmit_#e�= �f �uch su�* ::r cla:.m, any f�inal �udg�ne:,*.� against Lhe �ity requireing iT *..� pay f�r s��;:h damage shai;. be _�nc�.us�ie �,p;,n the permirtee aad h�.� �urety. An annual bond may 1�� given under this pr•ovision which sha�.l t�emain in force for ane year condi*ion�3 �s ab�ve, in tl-iE 3tIlO11I1� S�eLlf�ed herein 3nd in cthe: :e- spec*s as �pecif�ed h�:-rr�n Dut appii.abi� .�� *_o all excavat�.or. work �n �treeTs by the permittee durir.g the term of �ne yE3: trom said date. Section 8. Exemption from Ssre�y B�nd- `The s�irety bond pr�vi:ions of this �rdinance �hall �ot apply to a du3.y iicenoed and bonded plumber �r t� �ny publi� stility rermi?Led to �erare within the C�ty limits, by franchi�e or ::�herais�, for the �urp�sE of supplyir.g gas, electrir_, or telephone service or for any exca�ration *.rhi.ch is made tr��-:•� :, r:ontract awarc:�d by the City or made �y tne Cir_y, Section 9. Engineer, < . All wark done pursuant t� an excav�Ta.on permit issued under the provisions of f,,, this Qi�dinance shall be performed under the direction and to the sati�faction of the Engineer cr h:.� duiy author.iz�d agento � The Engineer s6a12 prepare such regu�ations with respect to excavations within any street, a*�d shall modify them with respect to par•ticular work, as the Engineer shall deem necessary or advi�able to protec* che public from injury, to prevent damage to pubiic or private p��operty, and r.o minimize interference with the public use of the street�. Regulations promulgated by the Engineer sha11 be appr•::ved by the Coun�il after notice of hearing and hearing and a copy ot said regulations �hali be given to each psrmittee upon issuan�e of the street ex�avation permit; Regulations promuigated by the Engineer m3y include: (a) Requirement tha: all p�.iblic uiilities be notified by the permittee �f permittee's intent to make a street sxcavation giving notice of t.ime, p�ace and purpose of such Excavazion. (b) Requir�ement �hat the permi*tee sr:a�l have the du*y :.* determining � the l�cation and depth of all existing undergrc,und facii�tiese �c) Manner� aad m�Thod of backfilting streer, Excava*i.;r, and pr:.:�3ure to be fallowed in c�mpa�cing ba�kfillea materlal. � (d) Specifi�aticn.: as to mater•iai to be used in backfilling street �+'� excavation . - (e) Manner and method ::f mak:.ng stre�t excavation inc��ding pr�cedures to safeguard and protee* adj�ining and ad;�cent properLy and existing undergruund and ab�ve ground fac�.li*_igs. (f) RPquirements for re_t�ra*icz ,:f �treet surf�aces- . � � ^ Qrdinan�e N�. Excavating Special grovisior.s �hall be ma�e t�::r ��mplifying p_��cedures .z;.a supervis:c-. in respect` to sx��s�3��r.s b�r frar.�.h�.ed 4�iliTics- 48 ,_ Secrion i�J . Emergen: y A �*. i�n . In the �ve,�r :,f day emergency rn whlc:h a muir�, ��n��i-, �r sti�:.ty facil�*;y in �r under ar,y ; treet breaks , burs *. s, �r :�ther��ri �e i� :r. �uch condit ��n as to immediately.end�nger the property, life, heaith �r :�afety of any individual, the person own:.ng or controlling su�:.h maS:n, aandui*., �r utiliry "fa�cility� withaut first applying fos �nd obtai.,ing an excav_tivn permiz nereunder, sha:.l immediately take proper emerger.��y measures *..o �sre or remedy the dangerous condi*_ions for the pi^�;- tection of prc�perty, life, hea�th ar.d ;.afety of individuai� . However, such person owniing or contro2ling such facii�ry 3haii appiy rar an ex�avau�n permit not later than fhe end of tha next 5ucc.:eed�ng day 3�iring w:�ich the Ezgi:,eer's �ffice is open' for bu�iness, and shall not pr�ceed with permanenc repa�r� without first obta�r,ing an excavation p�-rmit hereunder. Section ll, Non-completion c,r Ab�*±��nment. Work shall progress in an expeditious manner until comgletion in order to avoid unnecessary inconvenience to the general public. In the event that the work shall not be performed in accordar.�e with the apglicabie regulaticns of the Engineer or in accordance with the pr�visions of this Ordinance, or shall cease or be aban- doned without 3ue cause, the City may, after six hours' notice in writing to the holder of said permit af intent to do so, �orre�t said�work or fill the excavation, and rep3ir the street, and in any such even� the entire ccst to the City of such work shall be a liabili.ty of and shall be paid 'ny the persan to wh�m the permit was issued and his surety. Section 12, Insurance. -A permittee, prior to �he ccmmencemenr, of excavation work hereunder, shall furnish the Engineer satisfactcr�y eviden�e in writing that the Fermittee has in force and will maintain in force during the perf�ormance of the excavation work and the period af the excavation permit public: liability insurance of not less than S1D0•� cc�, for any one person and S 3QL,� �� �o.r any one accident and property damage insurance of not les� than S � p.� duly issued by an insur- ance company authorized to do business in the State of Minnesota and �n which policy the City is name�i as a co-insured. Sec*.ion I3, Indemnification. The permittee shall indemnify, keep and hold the City free and harmless from liability on account �f ir.jury or damage to pers�ns �r property arising • - or growing out of the permittee's negligence in making any street excavation. In the event that suir shaii be brcught agair.s� the City,.eithzr independently or jointly with *_he permi�tee on account Lhereof, *_he pe:mittee, upac notice to it by the City,.sha L 3efend the City in any s:iit at the cost of the permittee, and in the event of a rinal judgmen* being obtained against the City, either independ�ntly or jointly wi*r the pErmittee, thE permitt�e �hall pay such - judgment�with all oosts and hold the City harmless *.nere.froms ,y'1 Ordina�ce No. Excavating Section 14. Exemption fram £ee P�yment and Insurance Pr��vi��i�ns. The provisions of this Ordinance rec�uiring payment of a permit fee and evidence of public liabil.ity and pr�operty damage insura ce shall not be applica- cow r��re � ble to any excavation work carried on by the City�or its �mgloye�:s, and utilitfes operating gas, electric or tele�hone facilities w�7hin the City. Seetion•15. Refusal of Permits. If any person shall fail, refuse �r neg.lect to comply with the provisions of this Ordinance, or any'rules or regui.ations of the Engineer, or any 1°easonable orders or directons of the Engineer in reference thereto, the Engineer may refuse to issue further permits to such person unti.l such conditions or orders are complied withe Section l6. Penalty. _ � Any person violating any of the provisions of thi� Ordinance shall be �. deemed guilty of a misdemeanor and punished by a.fine of not' more than One Hundred Dollars ($100.00) or by imprisonment for not more than ainety (90) days for each offense, Section 17. Effective Date. ^� � This Ordinance shall take effect and be in force from and after its passage and publication. � � PASSED BY THE CITY COUN�IL OF THE CITY OF FRIDLEY THIS DAY OF , 1968. MAYOR Jack .0. Kirkhar. ATTEST; ' CITY CLEF,K. Marvin C. Brunsell First Reading: Second Reading: Publish ,...,.. � �