The URL can be used to link to this page

ZOA69-10 DENIED CITY OF FRIDLEYG1 TYPE OF REQUEST MINNESOTA x Rezoning PLANNING AND ZONING FORM Vis. Number ZOA #69-10 � Special Use Permit -�*— Variance APPLICANT'S SIGNATUREi�(��1z� ...._ Lot Splits Address ��,) '�'1 Approval of Pre- liminary Plat Telephone Number ,y- / Approval of Final Plat PROPERTY OWNER'S SIGNA �Streets o r Alley—_ Address µ� Vacations Telephone Number .,2Other Street Location of Property C� Legal Description of Property /U Present Zoning Classification ��r Existing Use of the Property, , Proposed Zoning Classification, Special Use, Var ance or other request Describe briefly the Type of Use and the Improvement Proposed Acreage of Property, /f y Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? f Z-e When? What was Requested Fee Enclosed $�G Date Filed C Date of Hearing PLANNING AND ZONING FORM PACE 2 ZOA #69-10 Number The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case, (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersi3ned. Residents and Owners of 1roperty within 300 feet PERSONS ADDRESS (r n 1 JI 0 A sketch of proposed property and structure must be dra4!n on the back of this form or attached, showing the following: 1. North Direction 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names S. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct, DATE _ - /_SIGNATURE (AfPLfCANT) Approved Denied By the 3oard of Appeals Subject .to the Following Conditions: date Approved Denied by the Plannino- Commission on Subject to the Following Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 a OFFICIAL NOTICE CITY OF 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 July 9 , 1969 in the Council Chamber at 7 : 30 P.M. for the purpose of : Consideration of a rezoning request by George D. Balthazor (ZOA #69-10) to rezone from R-1 (Single Family Dwellings) to R-3 (General Multiple Dwellings) Lot 3, Subdivision of Lot 10 , A. S. #94 , the South 1/2 of Section 24 , T-30 , R-24 , City of Fridley, County of Anoka, State of Minnesota . Generally located on the North side of Skywood Lane facing Interstate #694 . Anyone desiring to be heard with reference to the above matter will be heard at this time . OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION PUBLISH: June 25 , 1969 July 2 , 1969 , K a:MLT 7 t f�r, �J ZOA #69-10 `s 4- ' L. 3 Subdiv. of 10A.S. 94 y• «,� k 7 *yy 1 t -- rg�t iazor — ry t S IR ► a ;M i Rezone from R-1 to Triplexa; ' a -V J 1p St s Aa !!5 �-`&_- s► a .a � ! � , } �.'f ti b en +ro - • �s �t7") (rf>4�,!` �o '� 50 3S �3�M1 - ---------------------_ ® /;, e 15 15 .��•d-K \1'��7 :a ,..a- t ...- .�...y�y....• ...agoo�: �... ',,.>„ -�tld9- °•�', ss.a _ _1 i �� fn.�'' AFIA brJs . t ► ' ^2 Z 9- �, rr,y ys � o0 -"------ _ `N` H�yy TR ♦ �� ♦� pb �Q� inti &lo.oa it as tat d, r Ifr. it�D• '• K O _ J a.+ • X53. 4. R3ns z ?` Jo z1� ... �+ f3 fss1Y ~ Ili••�f N"'.. h V�✓UR T f. So •��i Vii ! `f �p !/ • �pu 71 JA 7s.J .te 6 q ,gyp, V, Ih J Qif a 9 \ 1191 � IS 75 2 t5 i t.w i• �m.- k.:.. LAfqE ... �^ do o `- r�KY1 OOD L E:': s . 1��$, �3l ; � _.... ,.+__ ..x ♦ s o; c� ''i�Q ¢ h3 1� iz ��i3 �3 13 1�J _ G/Ca f , TI ittD2 !d Yl6dt 1 /,.et - 'Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING TO WHOM IT MAY CONC ERN MMISSIGN 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 July 9, 1969 in the Council Chamber at 730 p.m. for the Purpose of, Consideration of a rezoning request by George D. Balthazor (ZOA•No. 69-10) to rezone from R-1 (Single Family Dwell- ings)to R-3(General Multiple Dwellings) Lot 3,Subdivision of Lot 10,A.S. No.94, the South 'i: of Section 24, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Generally located on the North side of SkYwAnyone desir ng ane facing be heardtwith refte No. 6er. Once to the above matter will be heard at this time. OLIVER R.ERICKSON CHAIRMAN PLANNING COMMISSION (June 25&July 2,1969)—TC 560-3450 Cit ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 MEMO TO: Oliver Ericksonf Planning Commission Chairman MEMO FROM: City Manager MEMO DATE: July 1, 1969 I received a call from Mrs. Leroy Kuglin, 1378 Skywood Lane concerning the request for rezoning made by Mr. George Balthazor to have Lot 3, Subdivision #10, Auditor's Subdivision #94, zoned to permit a double bungalow to be expanded into a triplex. Mrs. Kuglin indicates the requester left she and her husband off the list of those to be notified and the following property owners: Mr. Fred Dietrich -- Skywood Lane Mr. Curt Shaw - Skywood Lane Mrs. Kuglin indicated she and the listed property owners are against the rezoning and T advised her to submit a petition to the Planning Commission, 'since none of them can be present at the Planning Commission Meeting of July 9, 1969. Homer R. Ankrum CITP MANAGER HRA/jm CITY 3F fRIDLEY PETITION COTTER SHEET ,Petition No, 27-1969 Date Received July 15, 1969 Object Opposed to the rezoning request of George Balthazor from R-2 to R-3. — Located in the 1300 block of Skywood Lane Northeast. Petition Checked By Date rl-3I ^�J Percent Signing Referred to City Council Disposition July 7, 1969 i Planning Commission City of Fridley Fridley, 1-Tinnesota Dear Sirs: lie are concerned about the rezoning request by George D. Balthazor(ZOA #69-10) to rezone from R1 to R3. Ide feel the propsed change is not in the best interest i of the people of Fridley, or more specifically of the people residing -in the vicin- ity of akywood Lane, because the neighborhood is primarily one of single family dwellings. (See petition) We wish to have the following information included as part of the record of the public hearing to be held July 9, 1969: 1. Tor. Balthazor obtained a special use zoning permit for construction j of a double bungalow. However, in reality the double bungalow is a multiple dwelling, as evidenced by the fact that the Balthazor's live in the basement while renting the two first floor units. 2. Residents of Skywood Lane have made every effort to alert appropriate city authorities that the Balthazor's have been in violation of the city zoning ordinance. l 3. 'We feel appropriate action should have been taken long ago by city officials to correct this violation. li _ 4. It is an obvious attempt by ifx. Balthazor to bring himself within the law by obtaining the rezoning at this time. 5. Adjacent neighbors were not informed by letter of the 'spot rezoning4 for the double bungalow nor of the present request because of 1,r. Balthazor's failure to list such names with city officials. The above information serves as a basis for our opposition to the rezoning change. We a3fe of the opinion that rezorring should not occur simply to benefit one individ- ual in his attempt to bring himself within the law. Sincerely/y}, yours,, ✓22v. .(- (1 P E T I T I O N -We the undersigned, residents and adjoining neighbors, of the 1300 block of Skywood pane N.E., do oppose the upcoming rezoning request of George Balthazor from R2 to R3. We wish the zoning to remain open only to limited multiple dwelling, or 112. The request for re- zoning can in no way be construed to be to the betterment of the citizens of Fridley. 26. �y 134, 4. A �9 a ti 3�o • "6•. �_____�r� � ��8 � � �• 7 6 .�;�e f o o —)191, 33. 7 /37 . 34. lv • /,3 �� ' 35. 1�� 4 Ain 13 38. 4. ,w 39 -e� 15cza �8• i ��L�C ��i L LTi{,_%/ ;W!3 tV.r;( D 43. 19. l��,•q�l •. , � ��, �U�l�e4 44.� '20. 13j c 1/� ,��1� 45. i , 25. 1 �"..l' - 1 f t YYaJ �.�� .I ��i •',.1�uN��II f,;�^-�-�-- i cg t tj I It � r='yam`•..r-k• ��- �s�1 :�.� w `t�; � +. ---------- N1 N) w_ _ -_ -____ �/ ky'�'t_-^"' '''ti� 'yam ,•O•r I ' !+ v p F 5 m.r.?+& y' Fi�^ � j t�•i` tiN••of cr 1 � 1 Litt'-, E s-zr lZ irE..^r ♦ � ` dfi sy c,'aTF'iS�/1_ - r a.� �•..�...3s^�'g"�� _ZC'.. w�a`a� �y•�! �.(� •a 11 ^-- oqj '•� j/l s ' l c•'1 1 i 1 �iF i s I - 4 ;J'..'r �y -'J// , t,,.ice>'.� t ._.•� "t_. '7 s,�17.-j--�� 1 `$ is ynL Tj �•Gh t4 j.`s' \��' ! ` - --�. �. '. �`ni�l '� s 4.1 jr', � �!'_/ ./"�L/J `FFI �"•� �``.,;'.) � r' �.�--r�/� K �: Ick i �G'�..� .:.rod'I S5•L2' �.6 , - c_ -_ � -.� �=-3'7-•Ps %rT S I �^-�+i � - j �i:^ S'j wOo •�,'r i a 1. t CIO IL E �j''�-r;a � /� {�� "� �„ � y��,�� ;�� •i. fir: s' i/ L.'___ ;i 9 E.,�d Gn 3 1• �s.•a S,' i4, 1•;:--------a •1 -•...- �� %t y 1 _ ! i• R.. � ErZ ,'j r � I � Q I I 4 1 - S&M •rS�pE•� � _ r.'�,rs w....-„-..,..... ' aL-w:.�,.»-��;';r- —�`cam^r.-( :w..”' Z I `=w ♦... \ ^' +` X11 �-a , q, +-1 i, 1(�. �/'.. � ..'.:1 �� 4 ` . •;-.1 HCl y� •rl /i�%i^r� lc� r `'`3= �.-- � � •f''a.. JG", � �"'i ,i fti. -N f r ..� STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS MUTUAL AGREEMENT made and entered into this 10th day of September , 1969, by and between The City of Fridley, a Municipal corporation, and Mr. George Balthazor. WHEREAS, George Balthazor is the owner of Lot Three (3), Subdivision Ten ( 10), Auditor's Subdivlsion Ninety-four (94); and WHEREAS, George Balthazor requosts a temporary rezoning from R-i to R-3A; and WHEREAS, the tomporary rezoning has been denied by the City Council of the City of Fridley; and WHEREAS, George Balthazor desires to livo in the lower level of that certain building located on Lot Throe (3), Subdivision Tan ( 10), Auditor's Subdiviaion Vinety-four (94); and WHEREAS, occupancy of the lower level by George Balthazor will constitute a violation of the zoning ordinance; and WHEREAS, the City is ogrecable to allow Mr. and Mrs. Balthazor to reside in the lower unit on a temporary basis until December 31 , J970; and WHEREAS, occupation of the lower level will be only by Mr. and ties. Ba Itl razor rnd WHEREAS, Mr. and Mrs. George Balthazor shall be the only parties allowed to live in the lower unit . NOW THEREFORE BE IT RESOLVED, that the City of Fridley agrees to allow Mr. and Mrs. George Balthazor to occupy the lower level of that certain building located on Lot Three (3), Subdivision Ten ( 10), Auditor's Subdivision Ninety-four (94), and the said Mr. and Mrs. George Balthazor agree that such occupancy shall be ceased by Midnight, December 31 , 1970; and that the occupancy will not be renewed and is not tran3ferabie. In Presence Of . _. 560-3450 y Cit O L ANOKA COUNTY li 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 May 14, 1970 Mr. George Balthazor 1374 Highway 100 N. E. Fridley, Minnesota Dear Mr. Balthazor: On September 2, 1969, the City Council granted an occupancy permit to Mr. and Mrs. George Balthazor only, 1374 Highway #100 (Lot 3, Subdivision #10, Auditor's Subdivision #94) for the lower level third family dwelling, only at this address, with the permit to expire December 31, 1970 or sooner if Mr. Balthazor disposes of his property, with permit non-renewable. The City Council in session Monday, -May 11, 1970, reaffirmed the action taken at the meeting of September 2, 1970 and directed that Mr. and Mrs. Balthazor be notified in writing that the Special Occupancy Permit would not be renewed and that the third family would be moved from the dwelling by December 31, 1970. in view of the above, you are advised that your occupancy permit issued September 2, 1969 will expire December 31, 1970 and will not be renewed. You are further advised that on or before December 31., 1970, the double bungalow located on Lot 3, Subdivision No. 10, Auditor's Subdivision #94' addressed as 1374 Highway 100 N.E. , Fridley, Minnesota, may be used to house only two families and that the third family shall be moved from the premises on or before December 31, 1970. Yours very truly, Homer R. Ankrum City Manager HRA/mis CC: Councilman Sheridan Engineering Dept. i/ REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 7 Councilman Harris said that there were notices sent. If the land owner did not want to attend the Hearing, this is his business. Mr. Gibbs pointed out that there were condemnations in this area also, so everyone should be well aware of all the proceedings. In the City of Fridley an assessment search can be obtained for a minimal cost which would show all the assessments, plus all the pending assessments. MOTION by Councilman Harris to deny the request for an abatement of special assessments on Lot 13, except the east 200' and except the north 30' for road, Auditor's Subdivision #89 requested by Kutzik and Leavitt. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF A REQUEST FOR THREE FAMILY OCCUPANCY IN DOUBLE BUNGALOW IN R-1 ZONING: (George Balthazor, 1374 Highway 100 N.E.) The Assistant City Attorney explained that at one time Mr. Balthazor came in and applied for a special use permit to allow for a two family dwelling. Since that time, the Building Inspection Department discovered three electrical services going into the house and reported it. It was checked out and found that there were three families residing there, and a summons was issued. He said that it was his position that the Council could not legally grant anything under R-1 zoning under the present Ordinance. Mr. Balthazor said that this is a double lot, so there is plenty of room. He said that there were two families in the other section, no children. Council- , man Liebl asked how this was first brought to his attention. Mr. Gibbs re- plied that he believed it was first reported to the Building Inspection Department be a neighbor, whereupon, the Inspector went out to check. Mr. Balthazor said that they have lived there 18 years, and have had no complaints from neighbors that he knew of. Mayor Kirkham advised Mr. Balthazor that the legal department for the City has informed the Council that there is nothing legally they could do under the Statutes. He said that Mr. Balthazor's only recourse would be to apply for a rezoning, but he did not want to give him the impression that he would encourage it, and he did not feel, personally, that it would go through. CONSIDERATION OF APPROVAL OF FINAL PLAT (P.S. #69-04) EAST RANCH ESTATES FIRST ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue) : MOTION by Councilman Harris to approve the final plat, East Ranch Estates First Addition requested by Robert A. Schroer. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson voting aye, Mayor Kirkham de- clared the motion carried. CONSIDERATION OF APPROVAtf OF FINAL PLAT (P.S. #69-05) EAST RANCH ESTATES SECOND ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue) Councilman Harris asked if there had been a petition received for the improve- n,ent of 79th Avenue. He was told that there had not been. Councilman Liebl sgid that he would like to see some sort of internal traffic system set before a�proval of the final plat Eagt Jtaggh ARtqes Apco Rid, pn. He said that he REGULAR COUNCIL MEETING OF MAY 19, 1969 PAuL 8 would like the property owners north of 79th to be notified, and see what their plans for the area are. Councilman Harris said that it was pointed out that a petition would be necessary for the improvement of 79th Avenue, before the plat could be approved. Councilman Liebl asked the City Manager to contact. the owners of the property north of 79th Avenue to apprise them of the pending Council action, and find out what their intentions are for their land. MOTION by Councilman Liebl to table the final plat (P.S. #69-05) East Ranch Estates Second Addition requested by Robert A. Schroer to the next regular Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a 15 minute recess at 8:55 P.M. CONSIDERATION OF APPROVAL OF FINAL PLAT (P.S. #69-02) AMBER OAKS, BY DAVID R. HUBERS AND JULIAN JOHNSON: (Generally located south of 61st Avenue between Stinson Boulevard and Benjamin Street) The City Engineer said that the Public Hearing has been held and the plat basically meets the City standards, however, there is one point of conflict. There has been some disagreement between the owner of Lot 3 and the developers on how the street grade should be set. He said that he had requested that both the developers and the owner of Lot 3 be present at the Meeting tonight. Mrs. Zander said that she and her husband were the owners of Lot 3, and she has been confused about the street grades. It appeared to her that her house would be sitting up too high in relation to the rest of the land. The City Engineer explained that by moving the street, it would be farther from her house, so the slope could be more gradual. The cul-de-sac ,as originally planned would have taken more of her land; the present plan will take less. He said that he felt that the developers should be asked to grade back and fix her front yard, while working in the area. He said it may need a retaining wall. He suggested that' if they were to put in a garage, that it be a tuck-under type. Mrs. Zander said that she just could not visualize this slope, and how great it would be. The City Engineer said that the house would be about 70' back from the road, so the slope would be gradual. Mayor Kirkham added for the benefit of Mrs. Zander that it would be comparable to the base of one side of the Council Chambers to the ceiling on the other side, looking east and west. The pitch of the driveway would be less. The City Engineer said that the yard could be sloped, or a retaining wall could be put in, oj: sane terracing work done, depending on what Mrs. Zander wanted. COUNCILMAN SHERIDAN ARRIVED AT 9:15 P.M. Councilman Sheridan asked if the additional right of way had been acquired. The City Engineer said yes, the only problem left, was the decision on the street grade. Councilman Samuelson suggested asking the legal department todrawup an. agreement for the Zanders and the developers to sign, and returning it to the City. This would clarify what the City Engineer is trying to explain in writing and would give the Zanders a degree of protection and would also spell out just what is expected of the developers. This would be prior to releasing the plat to the developers. Planning Couraaossion Meeting - June 11, 1969 Page 5 A letter was received by the Chairman from Independent School District No. 16 dated June 6, 1969 maintaining its position of opposing the rezoning request. MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission receive the letter from the Independent School District No. 16, dated June 6, 1969, main- taining its position of opposing the rezoning request, ZOA #69-08. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Fitzpatrick, seconded by Jensen, that the Planning Commission continue to July 9, 1969 the rezoning request, ZOA #69-08, R. W. Wormsbecker for the NWk of the NWk except the North 16.6 acres and the SW'k of the NWk of Section 2, also the North 34.68 acres of NEk of NE'k of Section 3, to be rezoned from M-2 to R-3. Upon a voice vote, all voting aye, the motion carried unanimously. 6. LOT SPLIT REQUEST: L.S. #69-15, ARTHUR DEYS: Lots 3 through 5, Block 7, Hyde Park Addition. Mr. Deys brought the certificate of survey. The survey showed a definite problem regarding the existing house as it was placed on the proposed lot line. Because of the narrow lots, a setback problem is created which would require a variance. It was suggested Mr. Deys go before the Board of Appeals and make an application for a sideyard variance and setback. MOTION by Fitzpatrick, seconded by Jensen, that the Planning Commission refer the Lot Split Request, L.S. #69-15, Arthur Deys, of Lots 3 through 5, Block 7, Hyde Park Addition to the Board of Appeals for their opinion. Upon a voice vote, all voting aye, the motion carried unanimously. It was suggested that Mr. Deys should look into dividing the split by a diago- vial line being approximately 60 feet on the street side and approximately 57 feet on the rear lot line of the new lot. 7. REZONINGREQ UEST: ZOA #69-10 GEORGE BALTHAZOR: Lot 3 Subdivision 10 of Auditor's Subdivision #94 (North side of Skywood Lane facing Hwy. #694). Rezone from R-1 to Triplex. Set public hearing date. Mr. and Mrs. George Balthazor were present. The Commission felt R-3A would cover the triplex request. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission set the public hearing date of July 9, 1969 at 8:00 o'clock P.M. for the rezoning request, ZOA #69-10, George Balthazor, of Lot 3, Subdivision #10 of Auditor's Subdivision #94 to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. 8. REQUEST FOR A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING: Lot 3, Block 4, Ostman's Addition by Roger L. Peterson. Referred by Council at June 2nd meeting. Mr. and Mrs. Roger Peterson and Mr. Harland Berry (contractor) were present. Mr. Mittelstadt said, explaining the action of the Board of Appeals, this was a request for a special use permit to construct a two family dwelling in R-1 zoning with living quarters one on top of each other. The Code indicates that a double bungalow, by special use permit, goes from the Board of Appeals to the Planning Commission Meeting - July 9, 1969 m 'Page 2 RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: JULY 2, 1969 MOTION by Jensen, seconded by Myhra, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee dated July 2, 1969, Upon a voice vote, all voting aye, the motion carried unanimously ORDER OF AGENDA: Chairman Erickson reported that Item 5, continued rezoning request, ZOA #69-08, by R. W. Wormsbecker be tabled for two weeks at the request of the petitioner. MOTION by Myhra, seconded by Jensen, that the Planning Commission table for two weeks the continued rezoning request, ZOA #69-08, R. W. Wormsbecker, for the NWk of the NW'k, except North 16.6 Acres and SWk of NW'k of Section 2; also the North 34.68 Acres of NEk of NEk of Section 3 to be rezoned from M-2 (heavy industrial) to R-3 (general multiple dwellings). Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson also added Item 10: Apartment Survey, 1. PUBLIC HEARING: REZONING REQUEST, ZOA #69-10, GEORGE BALTHAZOR: Lot 3, Subdivision #10, Auditor's Subdivision #94, Rezone from R-1 to R-3A. Mr. and Mrs. Balthazor were present, but did not wish to comment. Chairman Erickson read the Notice of Public Hearing. Curtis Shaw, 1386 Skywood Lane, presented a letter and petition oppos- ing the rezoning. MOTION by Myhra, seconded by Fitzpatrick, that the Petition dated July 7, 1969 opposing the rezoning, ZOA #69-10, with twenty-eight signa- tures presented by Curtis Shaw be received by the Planning Commission and that the letter dated July 7, 1969 with five signatures also be received. Upon a voice vote, all voting aye, the motion carried unanimously. The letter dated July 7, 1969 was read for the benefit of the people. Chairman Erickson referred to the Building Inspection file on the building permits. In April 1965, a pe—, ,it for a double bungalow by special use permit was issued in an R-1 district. Letters were subsequently written after an inspection showing there were electrical facilities for three families and stating this was in violation of the City Code as the building permit was for a double bungalow. In August, 1965 a letter was Written by the Acting City Attorney stating that the services were not prima-facia evidence, but that the owner should receive a letter reminding him that only two families were allowed and no _then occupant would be permitted. In 1967 a letter from the City Attorney indicated a petition was received that three families were living in the premises violating the Code and time was granted for correction. In August of 1968 Mr. Ankrum sent a memo to the City Attorney advising him of the similar situation. Now we have the present situation in which they are requesting a special use permit for three families to occupy a double bungalow. A letter written by Hank Muhich, Chief Building Inspector, on May 22, 1969 stated the petition was denied by the Planning Commission Meeting - July 9, 1969 yaa 3 City Council for three families in double bungalow and they advised rezoning would be necessary. Since that time, he believed, the City had taken action through legal council on this matter. The Engineering Assistant said that the hearing was before the court on June 3, 1969 and the court ruled that the petitioner was in violation and would have to vacate one unit before June 30, 1969 and this has been done. At the present time, there are only two families living in the dwelling. It was brought up that it was true that in the list of people living within 300 feet, some of the names of adjacent neighbors were left off. The City relies on the petitioner to supply names. In answer to Mr. Shaw's question, he was informed the present occupants were Mr. and Mrs. Don Thompson and Mr. and Mrs. Balthazor. Mr. Shaw said he was living in the neighborhood at the time of the first special use permit, but he was not too interested at that time. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission close the public hearing of the rezoning request, ZOA #69-10, George Baltha- zor, of Lot 3, Subdivision #10, Auditor's Subdivision #94, to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Myhra said he checked the request from a financial point of view. He added, it is hard to go back and reconstruct the thinking through the years. Deliberate violation of the law is pretty hard to know. Mr. Baltha- zor feels he has to have a multiple dwelling to make it feasible. The other side is the age old problem of spot zoning -- you are helping an individual out of a problem and crating a problem mor other people. He did not know if he was ready to act on this. Mr. Fitzpatrick said, that in view of the facts that have come up tonight which are new, he was ready for a motion to table. MOTION by Fitzpatrick, seconded by Myhra, that the Planning Commission continue until July 23 the rezoning request, ZOA #69-10, George Balthazor, of Lot 3, Subdivision #10, Auditor's Subdivision #94, to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Myhra said it was his understanding that the City had not been informed that three families occupied the double bungalow. He also stated he would not be present at the next meeting. Mr. Balthazor was asked if it would be agreeable with him for the rezoning request to be put over to August 6, 1969 and he agreed. MOTION by Fitzpatrick, seconded by Myhra, that the Planning Commission amend the motion to continue to August 6, 1969 the rezoning request, ZOA #69-10, George Balthazor, of Lot 3, Subdivision #10, Auditor's Subdivision #94 to be rezoned from R-1 to R-3A. Upon .i voice vote, all voting aye, the motion carried unanimously. Mrs. Shaw referred to the letters sent to the Balthasor's by the City and noted nothing was said about receiving a reply. The Chairman answered that there were no replies in the file, &3 PLANNING COMMISSION MEETING AUGUST 6, 1969 PAGE 1 The meeting was called to order by Chairman Erickson at 7:30 P.M� ROLL CALL: Members Present: Myhra, Mittelstadt, Erickson, Jensen Member Absent: Fitzpatrick Others Present: Engineering Assistant Darrel Clark APPROVE PLANNING COMMISSION MINUTES: JULY 23, 1969 MOTION by Jensen, seconded by Myhra, that the Planning Commission approve the Planning Commission Minutes of July 23, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: JULY 30, 1969 Myhra called attention to Page 2 of the minutes and the wording in the motion for lot split #69-21 by Walter Wittman asking that the intent of the motion be clarified. The first sentence of the motion should read "recom- mend denial of the lot Split, L.S. #69-21,----'°. MOTION by Myhra, seconded by Jensen, that the Planning Commission receive the minutes of the Plats & Subdivisions-Streets & Utilities Sub- committee dated July 30, 1969 and include the above clarification. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: JULY 30, 1969: MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission receive the minutes of the Board of Appeals dated July 30, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. ORDER OF AGENDA: Chairman Erickson explained that the two requests received this evening would be taken in the following order: (10) Lot Split #69-22, Richard Gjevre and (11) Arthur Deys referred by Board of Appeals. 1. CONTINUED REZONING REQUEST: ZOA #69-10, GEORGE BALTHAZOR: Lot 3, Subdivi- sion #10, Auditor's Subdivision . Rezone from R- to -3A. Mr. and Mrs. Balthazor were present. Reviewing the facts discussed at the last meeting, Mr. Myhra said that one of the things suggested was the fact that this would be an economic hardship if denied. There is evidence right from the beginning that the City tried to make it clear to the petitioner it was a duplex which allowed only two families. 84 Planning Meeting - August 6, 1969 _ � Page 2 The Chairman said he could understand that a retired person, living on a fixed income, could find that keeping the house and paying the taxes would be difficult. However, to rezone the property would be bad spot zoning of the worst type. He was not sure he would be willing to ask the City Council to allow the petitioner to have use of the property as three family dwelling under the present ordinance. Mr. Mittelstadt asked to have this request and the Peterson request on 69th Avenue clarified. The difference was that Mr. Peterson was going to build on a lot where there was no structure, and Mr. Balthazor's structure was al- ready there. The Chairman summed up the discussion by saying it seemed to him that what the Planning Commission is trying to say to the petitioner is that if he can't put three families in the dwelling, he would have to sell. This may be true. It would not make any difference to him if a retired person, living in a single family dwelling, would want to put a family in the basement, but put- ting three families into a two family residence should not be granted. MOTION by Jensen, seconded by Myhra, that the Planning Commission deny the rezoning request, ZOA #69-10, George Balthazor, of Lot 3, Subdivision #10, Auditor's Subdivision #94 to be rezoned from R-1 to R-3A for the reasons that it would be a very flagrant example of spot rezoning and that such rezoning wwould be detrimental in the center of a single family neighborhood. Upon a voice vote, all voting aye, the motion carried unanimously. . 2. C014_ TINUED PROPOSED PRELIMINARY PLAT, P.S. #69-092 MIKE O'BANNON: Lots 11, 129 13 and 14, Auditor's Subdivision #22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Addition. The Chairman stated the Planning Commission had asked for a preliminary plat with topog and more specific details as far as let size were concerned. Mr. O'Bannon came forward with the topog map. He showed the plans for the sewer and road and acknowledge that he had forgotten to have the location of the Skog house shown. His measurements showed a little over 35 feet of setback. The Chairman said he was satisfied with the preliminary plat, except for one thing -- that the building should be shown. Mr. Jensen suggested Mr. O'Bannon get a boundary survey showing the buildings and the lot lines. This would be for his own protection. In a spirit of cooperation, Mr. O'Bannon is working details out with the two owners. He would have no objections if the road were to move one way or the other a couple of feet. This is the kind of thing that ought to be considered in the actual computing of the final plat. The Engineering Assistant said the Council is looking at a preliminary plat, and until after the final plat is made, no boundaries are required. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission recommend approval of the proposed preliminary plat, P.S. #69-09, Mike O'Bannon of Lots 11, 12, 13 and 14, Auditor's Subdivision #22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Addition as shown on the drawing labeled "Pro- posed Plat, P.S. #69-09, August 6, 1969" including the area outlined in a red pencil on this print subject to the provision that the petitioner provide a boundary survey which indicates that the existing buildings on the property will fit on the lots as described by the zoning ordinance prior to the accept- ance of the final plat. Upon a voice vote, all voting aye, the motion carried unanimously. REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 3 CONSIDERATION OF GREAT NORTHERN FINAL PLAT AND SETTING PUBLIC HEARING: The City. Engineer said that earlier Great Northern had been before the Council for approval of a Registered Land Survey which was approved, but when they went to the County, the County insisted it be platted. The City Engineer said that this was now being done and was basically the same as the Registered Land Survey. He suggested that September 8th be set as the date for the Public Hearing. MOTION by Councilman Samuelson to set September 8, 1969 as the date for the Public Hearing on the Great Northern Final Plat. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REQUEST FROM DESIGNWARE INDUSTRIES FOR VARIANCE FROM PLUMBING CODE TO ALLOW FIBERGLASS PIPE: The City Engineer said that there were no objections if the Council wished to approve this request, subject to the City not being held liable later on. He said that the company has given the City all the background data on it. Councilman Samuelson asked if this is to be used underground. The City Engineer said that it was, and showed the Council a sampla of the pipe. MOTION by Councilman Samuelson to approve this variance from the plumbing code and allow the use of fiberglass pipe with the stipulation made in writing that the City will be held harmless, and that the Engineer and Plumbing Inspector follow up on this installation to see if it lives up to expectation. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 6, 1969: 1. REZONING REQUEST: ZOA #69-10, GEORGE BALTHAZOR: Lok. 3, Subdivision #10, Auditor's Subdivision #94. Rezone from R-1 to R•3A. The Council decided to lay this item over until the next meeting at the request of Councilman Sheridan, so that he can discuss it further with the Council. MOTION by Councilman Liebl to table this rezoning request to'the meeting of September 2, 1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PROPOSED PRELIMINARY PLAT, P.S. #69-09, MIKE O'BANNON: Lots 11, 12, 13 and 14, Auditor's Subdivision #22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Addition." The City Engineer said that the Planning Commission had recommended approval of this preliminary plat and the Council action would be to set a Public Hearing. MOTION by Councilman Lisbl to concur with the Planning Coffei.ssion and set the Public Hearing on Preliminary Plat, P.S. #69-09 for September 8, 1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no noys, Mayor Kirkham declared the motion carried. f REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 4 3. REZONING REQUEST: ZOA #69-08, R.W. WORMSBECKER: Northwest quarter of northwest quarter, except north 16.6 acres and southwest quarter of northwest quarter of Section 2; also the north 34.68 acres of northeast quarter of northeast quarter of Section 3, to rezone from M-2 to R-3. The City Engineer said that the Planning Commission had recommended denial of this request at this time because of the proposed open space program for the area, because the study on multiple dwellings was not complete, and because the petitioner was requesting a definite decision one way or another. Mr. Ralph Wormsbecker said he would like to hear the Council's opinions on this proposal. He said they had done a lot of work on this property to see what would be the best use. He said they have found the industrial develop- ment going slowly, and felt some parts should be commercial, but first they would have to get people into the neighborhood to enhance the value of the other property. He said that the owner of the property to the south of his also wants to zone for multiples, and this will not hurt the open space area. He said he would put in the sewer and water under the City's supervision so there would not have to be a bond outlay. He would like to get all the pro- perty zoned, but if the City wants some open land, they were not opposed to doing just the one area at this time. He pointed the parcel out on the map for the Council. Councilman Liebl said that he recommended that this be tabled to the next Council Meeting so that the full Council is aware of the proposal. MOTION by Councilman Liebl to table this rezoning request to the next regular Council Meeting of September 2, 1969. He said that by that time the Council should have the apartment study back from the Planning Commission and will have some answers for a solid and sound decision. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham asked Mr. Wormsbecker what the acreage of the proposal was. Mr. Wormsbecker said that it was 114 acres all told, but they were immediately concerned with 40 acres. Mr. Wormsbecker said he would contact the owner of the property to the south and ask him to attend the next Council Meeting also. 4. LOT SPLIT REQUEST: L.S. #69-12, WALTER E. WITTMAN: South half of Lot 1, Block 1, Spring Valley Addition. The City Engineer said that the Planning Commission had recommended denial of this Lot Split request because of a necessary 25 foot road easement which would make a lot which is not suitable for two buildable lots. Mr. Wittman said that his neighbor owns the north half of Lot 1 and has in- dicated that he would buy 50 feet from him which would leave Mr. Wittman with 75 feet. He asked if he would be able to get a building permit for a house. He said the Planning Commission had turned down two 75' lots because of a possible easement. Councilman Liebl asked if his neighbor will be able to utilize the 50' if it is sold to him. Mr. Wittman said that he already has been using it for a garden and parking. Mr. Wittman asked if he would be able to build as there is no City sewer. The City Engineer said that the area will be developing and he felt it would be bad planning to let Mr. Wittman put in P REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 8 The City Engineer suggested that the resolution be passed before the appli- cation be made, as he felt that it would carry more weight if the improvement is already ordered in. Councilman Liebl said that concerning Main Street, the industry on the west side has no objections to the improvement, but the residents on the east side have been vigorously objecting. He said that he felt that the parking problems should be solved before the street improvement goes in. Councilman Harris said that he felt that if the improvement is already ordered in, the City could go before the County and speak in stronger terms. Council- man Liebl said that he did not want parking on the street. Councilman Harris replied that if Main Street is taken over as a county road, they will place certain restrictions on the street. Mayor Kirkham wondered if the apartment house owners should not be approached on their parking problems as he felt that it would be a shame to wait another year. Councilman Samuelson pointed out that the City does have a Tagging Ordinance for tagging parked cars, and if enforced along Main Street, with renters getting tickets, they will bring pressure on the apartment house owners. MOTION by Councilman Harris to table this resolution to the Regular Council Meeting of September 15, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING REMAINDER OF PLANNING COMMISSION MINUTES OF AUGUST 6, 1969: 1. REZONING REQUEST BY G EORGEAJT.THA_7,nR. ZOA #69-10: Subdivision �, Lot 3� #10, Auditor's Subdivision #94. Rezone from R-1 to R-3A. Councilman Sheridan reported that he had spoken to Mr. and Mrs. Balthazor and the Council concerning this request and, speaking for himself, he felt that the rezoning request should be denied. However, if the Council concurs, he would suggest a solution for Mr. Balthazor. Mr. Balthazor is partially retired now, and will be fully retired December, 1970. With full retirement, he could receive a better tax break for disposing of his property. In the meantime, he suggested granting an occupancy permit for the lower level to run through December 31, 1970. Mayor Kirkham and Councilman Samuelson concurred with this suggestion. MOTION by Councilman Sheridan to deny the rezoning request by Mr. George Balthazor. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to grant an occupancy permit to Mr. & Mrs. George Balthazor only, 1374 Highway #100, for the lower level third family dwelling, only at this address, with the permit to expire December 31, 1970 or sooner if he disposes of his property, with the permit non-renewable. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. 2. REZONING REQUEST BY R.W. WORMSBECKER, ZOA #69-08: NW Quarter of NW Quarter except N. 16.6 acres and SW Quarter of NW Quarter of Section 2; also the N. 34.68 acres of NE Quarter of NE Quarter of Section 3. Rezone from M-2 to R-3. REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 7 RESOLUTION #152-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-1, ADDENDUM #1: Councilman Samuelson commented that everyone seemed to be in favor of this improvement. Councilman Sheridan added that he had talked to some of the people and they seemed to be sorry that they had not done this before, when the costs were lower. MOTION by Councilman Sheridan to adopt Resolution #152-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECI- FICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-2: Councilman Sheridan reported that he had received some calls from people objecting to the street width and the sidewalks on West Moore Lake Drive. Mr. Harry Nawrocki, 5800 West Moore Lake Drive said that he had called Councilman Sheridan about getting only an overlay placed on the street. He said that he felt that an overlay would make the street last until 1974 when the street is scheduled for improvement. He wondered why the State Aid Street, and not just a regular residential street. He felt that by putting in a State Aid Street would encourage speeding. Councilman Harris answered that as was explained before, the cost differential between the State Aid Street and a residential street is not assessed, but is paid for by State Aid funds. The residents only pay for a regular residential street, but they receive a street with increased width and thickness of the mat. He added that studies have shown that increasing the width of the street does not increase speeding. A person who will speed, will speed regardless of the width. He said that he would agree with the residents who voiced concern over losing the trees, and that he would like to have them saved. He said that the City spends too much money in planting new trees to allow them to be lost if it can be avoided. Councilman Sheridan asked how much right of way there was. The City Engineer replied 60' . Councilman Sheridan asked if all the trees were within the right of way. The City Engineer said that most of the boulevard trees are pretty close to the right of way line. The State Aid requirement is 44' but this may damage the root system of the trees. The Council could make a special request to allow a 40' State Aid Street to the Minnesota Highway Department, State Aid Section. If this was granted, the road would be about 1' wider on each side than the existing street. MOTION by Councilman Sheridan to ask the Administration to make an appli- cation to the Minnesota Highway Department for the reduction of State Aid standards from 44' to 40' , to allow the trees to be saved. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl commented that this would be the first 40' State Aid street, if approved. Mr. Nawrocki asked what about driveways. Councilman Harris said that they are fixed with whatever exists there now, whether concrete, blacktop or crushed rock. SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 21 DISCUSSION REGARDING BALTHAZOR PROPERTY SPECIAL USE PERMIT (1374 T.H. #100) : MOTION by Councilman Sheridan to reaffirm the Council decision, and ask the City Manager to notify Mr. Balthazor by mail of this Council decision. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. DISCUSSION REGARDING EAST RIVER ROAD STUDY (BATHER ENGINEERING) : The City Engineer said that if the City is going to try for some T.O.P.I.C.S. monies, there must be approval of a plan. Anoka County is anxious to get started. The monies are available from the federal program on a- first come, first serve basis. He suggested that a Public Hearing could be set, so when the people come in askiny questions, tiere would be answers ready. Council- man Harris felt that he did not have a thorough understanding of these plans as yet, and would like to be briefed. It was agreed that the Council would meet on the 25th of May at 7:30 to discuss the East River Road Study. The City Manager was asked to send out notices of the Meeting. RENEW TRAILER PERMITS FOR MIDLAND MOBILE COMPUTER CENTER: MOTION by Councilman Liebl to approve the renewal of the trailer permits for Midland. Seconded by Councilman Breider. Upon a voice vote, all motion aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #98-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-1 (EXCEPT 62ND WAY AND ALDEN WAY) : MOTION by Councilman Liebl to adopt Resolution #98-1970. Seconded by Council+ man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #99-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-2: MOTION by Councilman Sheridan to adopt Resolution #99-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ESTIMATE: Suburban Engineering, Inc. 6875 Highway #65 N.E. Minneapolis, Minnesota 55432 FINAL ESTIMATE Street Improvement Project St. 1968-1B & 2B $2,904.22 Street Improvement Project St. 1968-1B & 2B $1,050.85 $3,955.07 MOTION by Councilman Liebl to authorize payment of the estimate. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. i SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 22 COMMUNICATIONS: A. ANDREW KOHLAN: THANK YOU FOR RECONSIDERATION OF HYDE PARK REZONING Councilman Harris pointed out that all of the Council got a letter from Andrew Kohlan expressing his thank you on behalf of Eldon Schmedeke and other property owners. He said that he would like to comment that his motion for reconsideration was not based on any legal threat, but rather was made in deferring to the wishes of the people., He said that he did not want the record to show that his motives were governed by any threats of legal con- sequences, as that was not his motive. MOTION by Councilman Liebl to receive the communication from Andrew Kohlan dated May 5, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. B. NSP REPORT: WEEKLY REPORT DATED MAY 8, 1970 MOTION by Councilman Breider to receive the weekly report from NSP dated May 8, 1970, and request that the weekly reports continue. Seconded by Councilman Sheridan., Upon a voice vote, all voting aye, Mayor Harris Pro tec declared the motion carried. ADJOURNMENT: There being no further business, Mayor Harris Pro tem declared the Special Public Hearing and Workshop Meeting of May 11, 1970 adjourned at 1:15 A.M. Respectfully submitted, Juel Mercer Jack 0. Kirkham Secretary to the City Council Mayor REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 22 B. CIVIL DEFENSE DIRECTOR: CIVIL DISORDER AND RIOT CONTROL TRAINING MOTION by Councilman Sheridan to accept and approve the recommendation of the Civil Defense Director as outlined in his memorandum .of October 16, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham pointed out that it is necessary that a man be nominated and he so nominated Lt. Howard Rick as recommended, to attend the school November 15, 1970. MOTION by Councilman Liebl to concur with the nomination of Lt. Howard Rick. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. C. N.S.S.S.D. : PUBLIC HEARING OCTOBER 27, 1970 Crli.ncilman Harris reported that there is to be a public hearing by the N.S.S.S.D. October 27th at 7:30 P.M. concerning the downward revision of use charges. It is his feeling that there should be a O. balance at the time of the takeover by the Metropolitan Sewer Board. This would mean that there would be no use charges for the third and fourth quarter. He suggested that any Council member that could, should be in attendance. Mayor Kirkham asked the Acting City Manager to go, along with anyone else that could attend. Councilman Harris said that he has had some further discussions with Joe Cook and they are taking a less strenuous stand and he felt that there may be room for sane negotiation, and that it can be amiably worked out. GEORGE BALTHAZOR, 1374 HIGHWAY #100: Councilman Sheridan said that he recently received a call from Mr. George Balthazor asking him what he thought the Council reaction would be to his asking for a rezoning. Councilman Sheridan said that he told Mr. Balthazor his opinion, then he asked if he could get an extension of time on his special use petfnit granted about 1� years ago. Councilman Sheridan told Mr. Balthazor that he would place it before Council. He said that he seemed to be concerned about the administrative charge for the publications. This is the case where there are three families in a double bungalow. Councilman Harris said that he thought that Mr. Balthazor agreed with the Council when the Council extended the special use permit to January 1, 1971. Councilman Sheridan said that he had told Mr. Balthazor to call him later in the week after he brought up his question at the Council meeting. If a rezoning is asked for, the people in the neighborhood would be up here in force and if there was an extension of time on the special use permit there should be a public hearing and the people would still object as it would be, in effect, a temporary rezoning. He said that he thought that the Council was lenient with him in the first place. Councilman Harris said that he was sympathetic with him at first because he thought that he just needed some more time, and that he had a solution to his problems, but it would just take a little more time. Councilman Sheridan said that he would be in a better tax bracket to sell if he could wait. This is what he told the Counail last time, and he was given an extension. It was agreed by the Council that Councilman Sheridan could report to Mr. Balthazor that the Council would not act favorably on his request. REGULAR COUNCIL MEETING OF OCTOBER 1.9, 1970 PAGE 21 ESTIMATES CONTINUED: FINAL Estimate #2, Water Improvement Project #95, Schedule E & F ($ 91.79) FINAL Estimate #2, Water Improvement Project #95, Schedule A-1 ($294.08) Berglund-Johnson, Inc. Excelsior, Minnesota 55331 PARTIAL Estimate #4, Water Improvement Project #95, Schedule B $118,152.00 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the construction work of the following: PARTIAL Estimate #5, Water Improvement Project #95, Schedule B from Aug. 31, 1970 through Sept. 26, 1970 $ 1,492.81 PARTIAL Estimate #11, Sanitary Sewer & Water Improvement Project #93 from Aug. 31, 1970 through Sept. 26, 1970 $ 1,399.44 PARTIAL Estimate #11, Water Improvement Project #94 from Aug. 31, 1970 through Sept. 26, 1970 $ 7.92 PARTIAL Estimate #12, Water Improvement Project #94 from Aug. 31, 1970 through Sept. 26, 1970 $ 15.84 MOTION by Councilman Sheridan to approve payment of the estimates as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. INTERNATIONAL ASSOC. OF FIRE FIGHTERS, LOCAL #1986: REQUEST TO BE FORMALLY RECOGNIZED MOTION by Councilman Liebl to receive the communication from the International Association of Fire Fighters dated September 27, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR CCUNCIL 110ETI>NG OF' JtV,,UA iY 18, 1971 PAGE 23 Comstock and Davis, Inc. Consulting Engineers 1446 County Road "J" M'nn- -�-�lis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following construction work: PARTIAL Estimate #15 for Water Improvement Project No. 94 from November 2 through December 31, 1970 $ 92.47 PARTIAL Estimate #2 for Sanitary Sewer and Storm Sewer Improvement Project No. 100 from November 30 through December 31, 1970 $ 426.40 PARTIAL Estimate #8 for Water Improvement Project No. 95, Schedule B from November 30 through December 31, 1970 $1,833.13 MOTION by Councilman Liebl to approve payment of the estimates as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. NORTHERN STATES POWER: INSTALLATION OF STREET LIGHTS: MOTION by Councilman Breider to receive the communication from Northern States Power dated January 11, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. GEORGE BALTHAZOR, DOUBLE BUNGALOW, 1374 HIGHWAY #100: Councilman Kelshaw reported that he had received a call questioning the status of this property. He believed that there were still three families j residing there. The Council directed that this be researched and brought back at the next Regular Council Meeting. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of January 18, 1971 adjourned at 12:50 A.M. Res ectfully submitted, Juel Mercer Jack 0. Kirkham Secretary to the City Council Mayor REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971 PAGE 8 children coming east from the school, and -there were practically none. There is a walkway from the sehoo1 .150' north of the street. When it is said that the people on Gardena favor sidewalks, this comment is dead wrong! The :petition is unanimously opposed 6 sidewalks. The City Attorney said that. he lives in the area and has three children attending Gardena Elementary School. in the area down the hill from Tennison there are not too many children walking. East of the- school, the gentleman who spoke is correct. There is no need for sidewalks on both sides of the street. The answer may be sidewalks an one side of the street for a short stretch. He suggested that perhaps the Engineering Department should work with the PTA to come up with a solution, there is some hazard now. A visitor to the Meeting -said that.-east and north of the school there is no problem. He said that he .lives. east of the school and there are no children walking in the street. From. Tennison west to Central: there•.are-five or six. From Tennison. east to the school, from- observance, he did not see any volume of children walking in the street. He would much rather see that money spent on play ground equipment than on sidewalks that are not needed. The City Engineer said that the City does have a five year sidewalk program and have already installed over six miles- of sidewalks.- - The sidewalks on Osborne Road were scheduled for 1974, but were installed earlier. The object is to try to avoid fatalities. The hearing was held but the proposal was turned down. The School Board. feels that sidewalks are -needed-on the north side. He said that he would.be willing to work with anyone for the sidewalk-proposals, for or against. THE VOTE upon the motion..by Councilman Harris was a voice.vote, all.voting aye, Mayor`Kirkham declared the motion carried unanimously. RECESS: v Mayor Kirkham declared a recess at 9:25 P.M. CONSIDERATION OF EXPIRATION OF GEORGE BALTHAZOR OCCUPANCY PERMIT: The Acting City Manager reported that the Building Inspection Department had made four inspections and found no one at home. There was evidence that the lower level is not now occupied. The Chief Building Inspector talked to their daughter who said that the Balthazors are now in Florida and have complied with the agreement. He said that whether or not they would return to that residence in the spring he did not know. MOTION by Councilman Harris to tag .the property so that only two families can reside there, and send a registered letter to the- Balthazors saying that the agreement has now terminated and the City assumes that they have complied with the agreement. According to the agreement, from December 31, 1970, the double bungalow addressed as 1374 Highway #100 is to be used as a two family residence. The motion was seconded and upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971 PAIGE 7 and they would not be directly involved. The Council made .a decision on West Moore Lake Drive to delete the sidewalks based on the objections of the people living on the street. In this summary the people voting for the sidewalks do not live on the street, so it is not their particular problem. The Council cannot delete sidewalks on one project and have a hearing based on people's wanting sidewalks that do not live on the street. This Council should hold in abeyance until, they can cane up with a policy. The people on Gardena Avenue are against .the sidewalks so a hearing would be a waste of time. He suggested that the Engineering Department-develop the criteria before coming back to hold another Public Hearing. It would behoove the Administration to check with other communities to see what they have done. A member of the audience said that there would .be a large replacement factor. The sidewalks would break up and have to be repaired at their expense. Councilman Harris said that the Engineering Department would take this into consideration as far as the street improvement goes. The Council must be responsive to the citizens. He felt that they should go back to the PTA and if they have a formal proposal this Council should listen to them. PETITION NO. 9-1971 - OPPOSED TO THE. OPENING BY THE CITY COUNCIL OF HEARINGS PERTAINING TO -HAVING SIDEWALKS AND BOULEVARDS INSTALLED ON GARDENA AVENUE: MOTION by Councilman Harris to receive Petition No. 91971.. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris that the Council not hold a Public Hearing on February 8, 1971, as it would serve no useful purpose. Seconded by Councilman Kelshaw. Councilman Breider said that he did not fully understand the .problems. On Osborne Road the sidewalks were not scheduled until 1974, but they went in last year with no trouble. The hearing was held and the sidewalks were put in. Now with Gardena and West Moore Lake Drive, it has been a battle ground. He said that he agreed with Mr. Ross that the subc, ittee should submit their survey to the PTA and the Council. should.not hold a Public Hearing until they come back with a recommendation. His feeling at this time is to not place the item on the Agendd for further hearings. Mr. Lawrence Olson, 1048 Hackmann Avenue N.E. , said .that there has been a lot said about the Safety Committee of the PTA. A poll was taken and it indicated that some were for and some were against and some offered no comment. There are a number of people not living on Gardena Avenue that use that street. The safety aspects must be brought out. Everyone should be given a chance to see the little children walking on Gardena when school opens in the morning and closes at night. This is an unsafe situation. He said that he was not con- cerned with the mechanics, all they wanted to do was to bring the question to the people. He did not know how far it should extend or on what side of the street it should be, this should be left up to the City. A visitor to the Meeting : said that he lives on Gardena Avenue and has eight children, four of which attend Gardena Elementary. He counted the number of