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SP 71-04REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 12 DISCUSSION REGARDING SEWER SERVICE PROBLEM, 5310 4TH STREET NORTHEAST: Councilman Liebl reported that Mr. Flentie has hired a contractor to complete the work on his own line. MOTION by Councilman Liebl to receive the report from the Director of Public Works dated May 28, 1971. Seconded by; Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. IVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 19, 1971: 1. 5 7R_ QUEST 'FOR SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: Lot 17, Block 2. Bennett Palmer Addition. To construct a second garage. Section ' 45.051, 2A. The City Engineer said that the Planning Commission recommended approval subject to Mr. Annett getting a notorized statement from his neighbor stating that he recognizes the placement of the driveway and that he has no objection. He questioned the close proximity of the driveway to the house and the property line. MOTION by Councilman Liebl to concur with the Planning.Conmission and grant the special use permit subject to his getting the notorized statement from his neighbor. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. LOT SPLIT REQUEST, L S #71-07, PDQ STORES OF MINNESOTA, INC. BY CHARLES WEST: ^Lot 5, Block 1, Maple Manor Addition. To split in half for two building sites. The City Engineer reported that this property is just east of the hospital and is properly zoned. The property is platted and there is already some con- struction. There are two apartment buildings already built. The lot is about 45,000 square feet and the request is to split the property. He advised that this lot split as requested would not meet the minimum requirements. They would be a little over 2,000 square feet short. Mr. Charles West, of PDQ, said.that on the west side of the property there is 251 belonging to Lot 4 where -the proposal is to put in an apartment building. That land is owned by the same people. -The apartment would be using this 25 feet as a driveway. The lot, after the split, would not meet the requirements, but as a practical muter it would, if you include the 251 easement. PDQ plans to build.'on the easterly h, on about 22,000 square feet. The City Engineer said that the Planning Commission recommended approval of the lot split, with the recommendation that the westerly lot hasf..the availability of 25 feet of the adjoining Lot 4 to be used as a driveway, and with the recom- mendation that the PDQ building be placed on the easterly half of Lot 5. Mr. West said that they had an agreement drawn up. Councilman Harris asked if the westerly half was sold, would the easement go with it. Mr. west said yes, it would be a permanent easement, filed and recorded with the deed. He explained that this 25 feet is the only access to Lot 4 in back, and they had to keep it with Lot 4. The City Engineer asked if PDQ is buying the whole lot. Mr. West said an investor is i The �,dg will have it's own drivet�yR Osborne Road. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 11 Councilman Liebl asked how it would be paid for. When sidewalks were put in on 61st and on Mississippi, the people were assessed. If state aid funds are used to pay for the sidewalks in this case; is there a legal problem with the people that have already been assessed for sidewalks in other areas? The City Attorney said that there is no legal problem. The Council has the right to assess. Each decision is made independently of every other, by the Council. The previous policy was that home owners would pay 1/3 and commercial and industrial would pay the full cost. Since then'the Council has adopted a sidewalk policy since the change in the law concerning state aid funds. Councilman Harris added that since the change was made in state funding it allows those funds to be used on side- walks. Councilman Liebl asked how many trees would be taken. The City Engineer said that about four trees would have to be taken. These trees are within the right of way. Mr. Robert Metcalf said that he was a resident on the south side of the street. The discussion so far has concerned sidewalks, but he felt that the street should also come from general revenue funds. The stain purpose for the road is for school buses. This is the first connection between University Avenue and Central Avenue north of I. 694, and it is now being made a faster, wider route. There- fore, it would be considered a benefit to the City. He felt that their property values would go down, and they have the disadvantage of faster traffic. Mayor Kirkham said that this would be contrary to the policy followed by the City for several years. Everyone is assessed for a normal residential street. If the improvement goes beyond that of a normal residential street, the difference is made up out of state aid funds. The City Engineer explained that by putting the sidewalks.adjacent to the curbing will require more shaping and revamping of the driveways. They would have to be depressed in some areas for drainage. Mr. Earl Hoyne, 820 West Moore lake Drive, felt that it would be better to reduce the sidewalk to 4' rather than 5'. He felt the need for 5' sidewalks was doubtful. He pointed out that they were 4' on Mississippi. Councilman Harris said that the 4' sidewalks on Mississippi Street were not adequate. He did not want to see a 1' separation between the sidewalk and the curb. Salt would get on the grass and the people would have trouble growing anything in the 1' space but weeds. Bloomington has made their sidewalks 5' adjacent to the curb line. Mr. Hoyne said that initially he did not feel sidewalks were necessary, but if the school board and the City feels there is a need,-he.would favor Councilman Kelshaw's plan. Councilman Liebl asked Mr. Hoyne if he would keep his sidewalks clean, because he did not think the City would. Mr. Hoyne said he would, but he doubted if everyone would. Councilman Liebl said that it .would be an added burden and they would be plowed after everything else is plowed. He said that at this time he did not -believe it is mandatory to have sidewalks in residential areas. They are only -needed in heavy traffic areas,=such as Osborne Road and Mississippi Street. THE VOTE upon the motion, being a voice vote, Kirkham, Harris, and Kelshaw voting aye, Breider abstaining and-Liebl voting nay, Mayor Kirkham -declared the motion carried. RECESS: Mayan Kirkham declared a ceois at .10si3O VA, -peetir�9 w" r*9o4,y9ppd at 10:30 P.r