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'. Legal � Lot No. IIloc}; No. Tract or A n. ��
DescriZ�tion % ! �
Variance fiequesL-(s}; including sta�ed hardships�(attach plat or survey of property
sho4ring building, variances, etc., where applicable)
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City Couricil nction and Date �
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Appeals Commission of the City of Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday,
September 16, 1975 to consider the following matter:
A request for a variance of Section 205.053, 4A,
Fridley City Code, to reduce the required front
yard setback from 35 feet to 20 �eet to allow
the construction of a dwelling and garage to be
located on Lot �, Block 1, Heather Hills 2nd
Addition, the same being 1420 Kerry Circle N.E.,
Fridley, Minnesota. (Request by Mike O'Bannon
Builders, 5298 Filmore Street N.E., Fridley,
Mi.nnesota 55421. )
Anyone who desires to be heard with reference to the above matter will
be heard at this meeting.
WILLIAM A. DRIGANS
CHAIRMAN
APPEALS COMMISSION
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� COh�I�'1COC� �.0 13A�✓IS, IN�. Coitsulting Ei�gineers and Land Surveyors
144b County Road J, Mpls., Minn. 55432, 784-9346
Proposed House L�cation , /• For: Mr. Mike 0'Bannon
, Lat 6, Block 1
' Heather Hills ?nd Addition o�.�,_ /� Board of Appeals
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Lot 6, Block 1, Heather Nills Second Addition
SCALE: /" = 50'
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I hereby certify that this survey, plan or report was prepared by me or under my direct
supervision and that I am a duly Reoistered Land Surveyor under the laws of the State
of Minnesota.
/�.�J /���f�°�y /08.�.2 6/.� j�� 33 90
Reg. No. Date Job No.
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� The Minutes of the Appeals Commission Meeting of September 16, 1975 Page 6
�� 4. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLFY CITY COD�, TO REDUCE THE
� RE�?UIRED FRONT YARD SETBACK FROM 35 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF
` - A DWELLING AND GARAGE TO BE LOC�TED ON LOT 7, BLOCK l, HEATHER HILLS 2ND ADDITION,
�
• THE SAME BEING 1420 KEFRY CIRCLE N.�., FRIDLEY, MII3NESOTA. (R�QUESfi BY MIKE
17a Ci°'�"11�^II Sqq�.
O'BANNON BUILDE��, 5298 FILMORE STREET N.�'., FRIDLEY, MINNESOTA 55421.)
Mr. Mattson explained that Mr. O'Bannon was out of town and could not appear
before the Appeals Commission to explain this request. He said he was under
the impression that Mr. O'Bannon was not in too much of a hurry to get this
variance approved, and since the staff still had a few questions to ask of Mr.
O'Bannon, he thought the Board should table this until the next meeting.
This item will be continued until the September 30, 1975 meetinq.
5: A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE, TO REIIUCE TfiE
�2EQUIRED FRONT YARD SETBACK FROM 35 FEET TO 28.8 FEET TO ALLOW THE COMPLETION OF
A�
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MR.
G AND GARAGE (FOUNDATION IN ONLY) LOCATED ON LOT 20, BLOCK 2, HARRIS LAKE
THE SAA1E BEING 1631 CAMELOT LANE N.E., FRIDLEY, MINNESOTA. (REQLJEST BY
ISRAELSJN JR., 8957 PIERCE STREET N.E., MINNEAPOLIS, MINNESOTA.)
Mr. Israels was present to present his request. The verifying survey and a
picture of th lot were shown to the Board.
MOTION by Gabel, s onded by Wahlberg, to open the public hearing. Upon a voice
vote, there being no ys, the motion carried.
Chairman Drigans asked wh .made the error in this case. Mr. Israelson said he
is building his own home an e made the error. Mr. Israelson said there is a
protective covenant on this 1 t that says the setback cannot be less then 25 feet
and he thought that the covenant ad precedence over the Ci.ty Code so he measured
off the 25 feet and added 3 more f t to make sure he would be within the 25 feet.
Mrs. Gabel said she didn't understand h a mistake like this could happen. She
questioned why a builder doesn't have to low the location on the survey that
he submits with his request for a building p it.
Mr. Mattson tried to explain that when the builde submits his plans and location
survey for a new house, the Inspection Depart�►ent g s over the plans and checks
the location of the house on the survey and if it agr s with the setback requirements
the permit is issued. He said the builder draws on th survey where he wants to
locate the house and the location is approved if it meets e Code. Mrs. Wahlberg
asked if the applicant is given anything that states the min' um requirements. Mr.
Mattson said requirements are listed on the permit but that th City has to rely
on the contractor's measurements out in the field. Mrs. Gabel a ed why the
covenant wouJ.d say the minimum setback is 25 feet and why the deve er would put
that in a covenant when ke knows it doesn't agree with the City Codes. Mr. Mattson
said a developer can put anything in a covenant for a development that wants,
but that the people who build in that development still have to follow the ity Code.
He said the covenant only binds the property owners together where property ers
can take action against other property owners if they violate the covenant. H
said the City has no jurisdiction over what;:a covenant says and the City cannot
bring action against anybody who violates a covenant unless it also violates a
City Code requirement.
'The Minutes of the Appeals Commission Meetinc� of September 30, 1975 Page 2
� 2. A R2;QiJEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE
%� RE�UIR�D FRONT YARD S�TBACK FROM 35 FEET TO 20 FEET TO ALLOW THE.CONSTRUCTION OF
I^��� A DWELLING AND GARAGE TO BE LOCATT:'D ON LOT 7,�BLOCK l, HEATH�R HILL5 2ND ADDITION,
�� THE SAME BEING 1420 KERRY CIRCLE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MIKE
O'BANNON BUILDERS, 5298 FILMORE STREET N.E., FRIDLEY, MINNESOTA 55421 .)
Chairwoman Wahlberg noted that this item had been continued from the last meeting
as Mr. O'Bannon had not been present to explain the request.
MOTION by Plemel, seconded by Gabel, ta open the public hearing. Upon a voice
vote, there being no nays,.the motion carried.
�Mr. O`Bannon was present to present the request. Pictures of the lot and a lot
survey were shown to the Board, Mr. O'Bannon also had a house plan that was shown
to the Board, but he explained that this was only the type of house that would
be built on the lot and was not necessarily the exact house. He said they plan a
tuck under garage as the land slopes approximately 3 feet in the back, with a
walk out in the back.
Mr. O'Bannon $aid :.hey have built a house on Lot 6(to the west) with a front yard
setback of 10 feet, which they received a variance on, and they are in the middle
� of construction on the house on Lot 8(to the east) that has �. front yard setback
of 35 feet. iie said both of these houses have no windows on the sides adjacent
to Lot 7 so this house will have privacy even with a 20 foot setback. He said.
he wants to get a variance to 20 feet in the front, but he might place it back
to 21 or 22 feet, but the variance would give him a little room to work with. He
said there are a lot of Oak trees on this lot and the further back the.house is
located the more fill that will be necessary and the more you fill�the more trees
that will be killed and they are trying to save the trees.
Mr.'Mattson explained that this lot is on the start of a cul-de-sac and the line
of the cul-de-sac is not centered but 10 feet off, so the house on Lot 6 with the
].0 foot front yard setback actually is setback 39 feet from the curb. Mr. O'Bannon
said this house will be only 20 feet from the property line but will be about
40 feet from the curb. � �
Chairwoman Wahlberg asked how far the house on Lot 6 will be set ahead of this house.
Mr. O'Bannon said the houses will be setback approximately the same distance as the
� house on Lot 6 is L-shaped and the garage is located'ahead of the house. Mr. O'Bannon
added there will be plenty of room for parking the cars off the street. .
Chairwoman Wahlberg stated the trees on this lot are worth saving. Mr. Plemel added
there should be no problem with the setback because there is such a large boulevard
area. Mrs. Gabel said that she would like to see this area developed in a nice
manner to save the trees.
MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried.
Mr. Plemel said he has seen the area and he forsees no problem with this variance.
He said he would be in favor of the request considering the lay of the land and �
the trees. Chairwoman Wahlberg added that with the additional footage between
the property line and the curbing there will be ample room for parking cars. She
stated she concurred with saving the trees and preserving this part of the woods.
_ . . _ _ . . _ _�
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The Minutes of the A eals Commission of Se tember 30, 1975 Page 3
Mr. Mattson stated the administration was cbncerned with the orientation of the
houses around the cul-de-sac as far as privacy but that this has been cleared up.
MOTION by Gabel, seconded by Plemel, to recommend approval of the front yard
variance from 35 feet to 20 feet. Upon a voice vote, there being no nays, the
motion carried.
A RE UEST FOR A VARIANCE OF SECTION 205.063, 1, FRIDLEY CITY CODE, TO R�DUCE THE
T AREA FROM 10,000 S UARE FEET TO 9,781 S UARE FEET TO ALLOW THE CONSTRUCTION
OF TWO FAMILY DWELLING TO BE LOCATED ON LOT 1, .AND THE NORTH 24 FEET OF LOT 2,
BLOCK 6, HYDE PARK, THE SAME BEING 5740 - 2� STREET N.E., FRIDLEY, MINNESOTA.
(RE UES Y MR. DEAN BRUNKOW, 370 MISSISSIPPI STREET N.E., FRIDI.�Y, MiNNESOTA 55432.
MQTION by Pl el, seconded by Gabel, to open the public hearing. Upon a voice
vote, there bei no nays, the motion carried.
Mr. Brunkow was pre nt to present his request. A copy of the lot survey showing �
the proposed dwelling ocation and a house plan were shown to the Board. Mrs. Robert
Fischer, 248 - 58th Ave e N.E. was present �o hear the presentation.
Mr. Brunkow said he is prop ing a double bungalow (side by�side units) on the corner
of 2'� Street and 58th Avenue. He said there is a small house existing on the property
that his�mother lives in which 'll be torn down. He said the land is zoned R-3
but the land is not large enough or a tri-plex. Mrs. Fischer asked if the units
will be rented out and Mr. Brunkow aid his mother will live in one unit and he will
live in the other.
Mr. Brunkow added he plans to build a tr' le garage where the existing house is
now located. Mrs. Fischer questioned a iple garage and Mr. Brunkow said the
Code says it has to be a triple garage and h does have two cars.
Chairwoman Wahlberg noted that the proposed loc�
the�request before the Board is to reduce the.lot
9,781 square feet.
meets the City Code. She said
:a from 10,000 square feet to
Mrs. Fischer questioned the driveway location for tlie rage. Mr. Brunkow said the
driveway is now right along the common property line bu the new driveway wiZl be
approximately 10 feet from the line. '_
Mr. Plemel asked Mrs. Fischer where her garage was located. s. Fiseher said her
garage is located next to the common property line and the driv ays are now side
by�side. Mr. Plemel noted that this will provide a good separa�io between her
_house and the proposed double bungalow. .
Chaixwoman Wahlberg asked Mrs. Fischer if she had any objection to the v iance and
Mrs. Fischer said she couldn't see any at this time.
Chairwoman Wahlberg noted there is an 8-Plex to the south of this property so n a
since Mr. Brunkow is land locked as he can't purchase any other property to mee
the Code requirement. She added that as she understands it, when this land was
rezoned ta R-3, it didn't meet t�e Code for square footage as the adjacent proper
was already built on and this land was just left over.
Mr. Plemel stated this looks like it will be a very nice additian to the neighborhood.
He asked Mr. Brunkow when the existing house was built and Mr., Brunkow said -it was
built in 1958. � �
� �i!�'/�'�"/��i���!/"% -
. City Council �
' Planning Commission
" o ACTION TAK�N NOTICE �
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� Fridley, Mn. 55432 .
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ODear Mr. O'Bannon: � .
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z On October 20, I975 , the Fridley City Counail.
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� officially approved the recommendation (s), of the Planning
�; Commission on yowr request for a front ,yard variance to 20 fPet
W with the stipulations listed below. �
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� If you have any questions regardi.ng the above action,
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�: please call the Community Development Office at 571-3450. •
F- _
a '. ' Sincerely,
W .
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z Jerrold L. Boardman •
� � Planning Assistant
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RC•GULAR COUNCIL MEETIfdG �F OCTO[iER 20, 1975
0
PAGf 4
The City Attorney ans►vered that it is not in the ordinance now, but i seems
� to him it would be the duty of the police to observe conditions in olation
and act on it, or report �t to the proper authority if it is not i their
jurisdiction.
Mr. Wicholas Garaffa, 6750 Monroe Street addressed the Counci and said that
he had been at the Planning Commission Pleeting and that ther was one thing
that was brought up there i;hat did not satisfy him. There ould be an
instance ►•�here someone has a car that is in an inoperable condition and does
not have a garage, and perhaps a son avray at college wh wants the car, It
appears there may a little bit of circumstar,ces.causin undue conflicts with
someone who had good intentions.
Councilman Fitzpatrick said if the car were licen d, even it it were
inoperable, it ��rould not be towed a►•ray.
Mayor Nee said ihere vaould be discretion on t part of the offfcer, and it is
his feeling that we should proceed vrith this and if we run into problems with
it, it cou9d be amended.
Councilman Starwalt said that on page 2 the �nvironmental Commission minutes;
he cannot reconcile this with page 5 of he agenda. .
The Public Works Director said that is ordinance has been under discussion for
some time, and this noti�� becomes Cha er #123, ' � �
, Councilman Fitzpatrick said that he Planning Comrnission was acting on that
recommendation.
UPON A VOICE VOTE, alT votin aye, Mayor Nee declared the motion ca'rried '
unar,imously. .
RECEII�TNG THE MIMUTES Of E PLANPlIPlG COMMISSIOP� MEETIP;G OF OCTOBER �3, 1975.
1. GONSIDERATION OF AP ALS COMMISSIO�� t1INUTES OF SEPTEP•1f3ER 22, 1975:
A. J. SCH 1^1ER, 543 �f,NESVILLE
�' . The Pub7ic Works�D; ector explained that this was a request by h1r. Schommer �,
for varrances to r duce the mim mum side yard setback ad�oim na an attached
• garage from five eet to two feet, (east sid? of l.ot), and to reduce the
minimum side yar setbacl: adjoining living area from ten feet t.o.eight feet
to allow const ction of an addition onto'Lhe garage.
He further e lained that �his first variance indicates the tt�o feet from the
east proper line. The second variance, to.re�luce it from ten i'eet to eight
feet,.is a housekeeping type of request in that the house was initially located
to that ght foot dimension befor2 we set the requirements of ��erifying surveys.
.The App ls Commission, at their September 30 tleeting, recommencled.approval of .
this r uest.
' tRayo Nee asked if there ►vere any further considerations on +.his item.
, Go 'cilman Fitzpatrick sai� that it was in line r;ith our encouragement of
, h ing garages and there is no recorc! in tF�e rr,;r�utes of ai�,y� o5jecfiions.
' OTION�was made by Councilman Pitzpatrick to concur with the request to
' � approve variances as recommended by the Appeals C�mmission. Seconded by
Councilwoman Kukowski,
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� - R. MIY,E 0'QANP�ON, Y420 KERRY CIRCLE , �
��� � The Public Works Director pointed out that this tras a variance to reduce the i
r` i required front yard setback from 35 feet Lo 20 feet to allow the constructinr, �
�,;' J•' of a d��elling ancl gardge on Kerr,y Circle. It should also be pointed out that '
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REGULAR COUNC.IL �11_ETIPlG Of OCTOGER 20, 1975 . RAG� 5
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the terrain is quite steep and irregular. It drops down quite rapidly. They
� are i:rying to sa��e some of ihe trees by constructing the house at the ?.0 foot
sel;back. A v�iriance ��ras previously granted to the lot ner.t to his one, The
street is be�ng construci;ed :vith a 10 foot offset to allow a large boulevard .in
that area.
The Appeals Con:missinn rer.or4i�ci�d� approval of this request for a variance and
there were no objections. ' �
1�10T10M ��as mad•e by Councilman Stai,walt to concur with the Planning Continission
to app�,ove the variance. Seconded by Courcilt��oman Kukowski, Upon a voice vote,
all voting aye, fdayor PJee decla�°ed the motion carried unanimously.
2. COtdS1UERltTIG^� OF PAP,Y.S AtdU RECREATION COi•iMISSION MI�lUTES OF SEPTEM?iER 22,
'1975.---- — -
A. FRjDLEY PP,RY.,_LO?S 1-3, 6i:0�K 15
REL�AS� RED TAG �)�'d TAX FORi EIT LO?S
'�� Pu�lic 4lorks Director renorted that thi� item �•aas considered by the Parl:s
ai,' Recreation Commission to trv to determine if the Parks Deoartment needed
the.>� lois �n f,4th and Ashton. �t this time, thev do not propose to develop
or co truct a park in that area, and accent should be placed on access to
E�+jacen park fa.cilities and �a�ith the bikeway system, we.would have that access.
Co�mcilman -itzpatrick said that the Parls and Recreation Cor�mission quoted some
figur-es on a vcry small number of children in"thai: area. Ilhat arza are they
talking about. � �
Councilrnan Fitzp i:ricl; cont�nued to say that he kne�v wyich lots �vere involved,
but it was diific t for him to believe that would serve such fev� persons of that
aci�. It depends on what they define as 1:nc area. He said he had not checked
these fiqures out an it may be true that there are that few children. Council-
nan Fiizpntric� contir.! d to say tha'r. another question he had alas that he did
no;; reallv feel that the `aciiities at Stevenson Scheol ans��ter the need for that
area for �? and 5 or 8 and ,year olds. The adults have trouble drivinc� cars on
East River Road, let along t children crossing it. He felt there is a need
for a par{: and asked if there s•any urgency in releasing these red tags.
Tne Ci�y Mznanet° said that the pr•o lem basically was that we had some inquiries
and he belie�-ecl the question �•ia� ra ed cn 1•:hether we ��ould retain these l�t.s.
He also said he tf10U�Ilt tIl1S item ceu be discussed further if Council.so desires
Councilti•roman i:ukowski asked if it aras be q'used by children in the area no�v.
She said if it ti•ias being used by 30 or 40 iildren, they were not playing on the
railroad tracks.
The City Marager explained that there are very e�v child�°en in that area. It is
an older ne'ighbcrhood and he �-�ould guess there i less small children because of
the age of tf;e parerits. Thc City f-lanaaer s�id he lt thcy should come back with
some additiondl material cor.cer��ina this i�em.
Coimcilman St�r�;ali: said he ani,eed and he had some �•elu tancelin releasing these
7ots. He felt that there ►•�as not much discussion in the lannin� Connnission
'r,iinutes.
Pi0TI0Pd by Star�;�alt to table this item and ot�tain additional in rmation. Seconded
by Council�•;oman I:ukowski. Upon a vo�ce vote, all voting aye, M or Nee declared
the motion carried unanimously. ,
Ii: was suggeste� that this it�m be brought for•�-�ard at the Conference � e,�ting of
October 27, 1975,
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REGULAR COUNCII_ t4EETI�4G OF OCTOCER 20, 1975 PAGE C
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3. COP�SID[RATIOhJ OF 7_ONING CO�E CN/IIJG[ FOR HANDLIIJG VARIAfJCES OPd RESIDCNTIAL
('ROPER�CY._ ------ __� _ _--
MOTION was made by•Councilman Fitzpatrick to set a Public Hearing for November
10, 1�75 for consideration of zoning code chan�e for handlin� variances on
resiuential property. Seconded by Councilman Greider. Upon a voice vote; all
voting aye, Ptayor Nee declared i:he motion cati�ried unanimously,
4. ROGERT OLh1STFl�D: ZONING ORDIPlAIdCE AMFt�DMENT ZOA •',`75-05; FIRESIDE DRIVE
NND �CF.(dTRAi-• -
MOTIOh! was made by Councilman Fitzpatrick to set a Public Hearing for November
10, 1975 for Zoning 'lydinance Amendment ZOA ,#75-05. Seconded by Councilman
13reider. Upon a voice vote, all votina aye, Mayor fdee decl'ared �:he motion
carried unanimously.
5. ROE3ERT OLPiSTE/1D: LOT SPLIT L.S. ;;75-0£3; FIRESIDE DRIVE APJD CEf!TRAL AVENUE.
The Public blorks Director explained that this item ties in with the Zoninn
Ordinance Amendment, and should also be brought back at the time of consideration
of the rezoning.
MOTION by Counciiman Starwalt to table this item until consideration of the re-
zoning. Seconded by Councilman fitzpatricl:. Upon a voice vote, all voting aye,
P�iayor Nee declared the motion carried unanimously. .
RECEIVI�G THE MINUT[S OF TH[ CA[3LF TELEVISIOtJ C0��1�1ISSIOPI PIEETIPl6 OF SEPTEM6ER
8, 1975. _�
MOTION by Councilman Fitzpatrick to receive the minutes of the �abl�e 7elevision
Conu„ission t�leeting of September 8, 1975. Seconded by Councilwoman Kukowski.
Upon a voice vote, all voting aye, ��1ayor Nee declared the motion carried
unanimously.
CONSIDERATIO"d OF E?;FCUTION OF AGREE!��ENT tdITH �tINP:FSOT;4 9EPARTME�IT OF NATUR/�L_
RESOURCLS FOR QICYC�f 1-i<AIL ASSISTA'ICF fRkh;TS Ifd AID PROGRA�4.
MOTION was made by Council�•roman fKukot�rski to concur �,�ith Execution of 1lgreement
���ith the Minnesota Department of Natural Resources for Qicycle Trail AssistGnce
Gr�ants-In-Aid Pi,ogram. Seconded by Councilman Star�•ialt. Upon a voice vote.
all voting a.ye, hlayor Nee declared the motion car�°ied unanimously.
RESOLUTION ,"193-1975 - CONSID["RATIO�! OF A R[SOLUTION REQUESTING THE ^1IDl�d[SQT:'i
HIGFIIdAY -D�PAftll�if I�T TO PR�f'ARF PLANS APJD PKOVIDE LAP;DSCr1f'IN� ALO�'G STATE HIGH-
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{;�/�Y T.H. 47. T.H. 65, AI�D I.69� l�l(IIIN TH_ CORPO�ATE LIbtITS OF f.tIDLCY, _ _
The City D1anager commented that several years ac�o we requested the Highway
Department to do some landscap?ng. It took three to four years to do this taork
on portions of T.H, �47. It would be his desire, he continued, to 9et on the
lisi: in order to yet some additional ]andscaping on the Highways �,'n7 and N65
ar,d I.694.
MOTIO� by Councilman Greider to adopt Resolution N193-1975 requesting the P1innesota
Higfi�vay Departmeni: to prepare plans and provide landscapin� alona State Highway
T.H. 47 and T,H. C�5 ancf I.�94. Seconded by Councilwoman' Kukowski. Upon a voice
vote, all vating aye, f4ayor Nee declared the motion car�ied unanimously.
RESOLUTTON #�194-1975 - CONSTDERATIOP� OF A RESOLU?10N ORDERJP�G PRFLIMIN.A
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5PEClFICAIIOPJS AI;n [STIhi1f[S Of 7IIE COSTS TIIERLOF: SF41ER APID WATEI2 IMP
i�rin ii-�`r A'I i (i --_— ---_-^�- — �
MOTION �aas made by Councilman [3rcider to adopt Resolution ;�194 ordering pre-
liminary plans, specifications and estimates foi° Project 4,'119. Seconded by
C011IlC1�W0111d11 l:ul:o���ski. Upon a voice vote, all voting aye, f4a,yor �lee declareri
Lhc motion carried unanimously. .
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