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ZOA67-10 DENIED CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA X Rezoning PLANNING AND ZONING FORM Number ZOA 167-10Henry Lapides) Special Use Permit Variance APPLICANT'S SIGNATURE .C��1/hv�' �� Lot Splits Address 622 '.fest Broadwae__ Homewood Realty Approval of Pre- Telephone Number 521-4755 liminary Plat approval of Final Plat PROPERTY OWNER'S SIGNATUREems- � --- Streets or Alley Address 622 "Jest Broadway Vacations Telephone Number 521-4755 Other Street Location of Property, 5981 3rd St N.E. Legal Description of Property Lots 29-30 Block 12, Hyde Park Present Zoning Classification R-2 Limited 'Multiple Family Dwelling Existing Use of the Property old 'house to be torn down Proposed Zoning Classification, Special Use, Variance or other request R-3A General Ylult iple Dwelling Describe briefly the Type of Use and the Improvement Proposed 4 unit apartment Acreage of Property 10,622 square feet 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?no When? What was Reque0ted Fee Enclosed $40.00 (Ck. #10715) Date Filed Date of Hearing �' c � .. l 'PLANNING AND ZONING FORM PACE 2 Number ZOA #67-10 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 undersi-n_ed. Residents and O%,Yners of Property within 300 feet: PERSONS ADDRESS Names and address are attached to this appli:_;k i i on A sketch of proposed property and structure must be drawn on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 5. Location and use of adjacent existing bu'ldings (within 300 feet) . The undersigned hereby declares that all the, a is and repreeptations stated in this application are true and correct. .' DATE _2��%�� SIGNA' URE PLICANT) Approved Denied By the oard of gppeais Subject to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Following Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 --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 October 26, 1967 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request by Henry Lapides�o rezone Lots 9 an oc 12, Hyde Park from R-2 (limited multiple fam- ily dwelling) to R-3A (general multiple dwelling) all lyingg in the North Half (N ) of Sec- tion 23,T-30,R-24,City of Frid- ley, County of Anoka, State of Minnesota. Generally located on Third Street between 59th Avenue and 60th Avenue. Anyone desiring to be heard with reference to the above matter may be heard at this time. ROBERT J. HUGHES Chairman Planning Commission Publish: October 6, 1967 October 13, 1967 (Published in the Anoka Union &Fridley Free Press Oct, 6 & 13, 1967) 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 October 26, 1967 in the Council Chamber at 7 :30 P.M. for the purpose of: Consideration of a request by Henry Lapides to rezone Lots 29 and 30, Block 12, Hyde Park from R-2 (limited multiple family dwelling) to R-3A (general multiple dwelling) all lying in the North Half (NZ) of Section 23, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Generally located on Third Street between 59th Avenue and 60th Avenue. Anyone desiring to be heard with reference to the above matter may be beard at this time. ROBERT J. HUGHES CHAIRMAN PLANNING COMMISSION Publish: October 6, 1967 October 13, 1967 i Henry Lapides - ZOA #67-10 13 i ; Lots 29 & 30, B14 J2, Hyd ark Ad Rezone from R-2 to R-3A 30 .'� {L. "� f 0: b G •• /�9i/ /13// !J�G/ jiJ 0 W •.li 0 rJ' /J 4 d. 2.9 Y g 2.9 Z R 3 ---- 2 F5 WIN------ 10?3 >61N--- ?2 g 2 91 22 y <: a - �: i 7 5 - � - 1 la 2i L7 17 - /9 /2 19 /z! r /9 /Z - [fir I /9 • —-------- --- — a �— (�� --- — — —-- �0 —-- — — /7 — . •, � !•' /� � � 1 iJL } .yes .7Jf�" 7JJ/��+ - ;•G cry. TI -I t v lam• . .. .,�7 ?9 Z a 2-9 71 g. 3-5 .� . ! A 1 --- 2 .._._ —.__J_ —,-z _.Js:fz• _ /:/ a `3 n 16 Ld 717 ry4a.;� r t 1�➢6. - . .._/if. / CIO 20 / •-— -`-�--`- ._ _1__�, ..c _,... ;�.�,.,,;./,,,-,,,,.,,,o-. sem`^•$ . �! �' b 43 i GO 4r 67 /, ; t�^ p E /4 !•y - Yq ''�- f Vv L"7 ! hIJ /rf -- - _ . 7 i r t Y; : :.' . .. i Z J i A .. ,/7 .v s7 • � vii . � - - --=-- ---- 44 At? JNIVxRSfTY-AVENUE ��;- /�-!u.S.PfsIAG�; NOKA_ COUNTY NOV 20'67 �� •"�I i. MFNESOTA15421ES OTA, -.05 y11� F47 --p v - � f Franklin Hart, Jr. 6000 3rd Street NE Fridley Minnesota U.J.P C S[AlG E " NIVERSITY -AVENUE dOKA COUNTY; N�'l20'6' U" > '.V V le MINNESOTA, /mss?�3� < L f. ,J r f r. L�. Henry Lapides 622 West Broadway Minneapolis Minnesota UNfVFRS[Ty-AVENUE ` '' UL UL NOKA COUNTY L N o; �'' .%„v {K MINNESOTA 55421 '' - '-/ N - r Ira Hallin:- --- - 5943 Univex-_ ... , Fridley 4innesota R . AP gridley gIYERSIT-Y--AY,ENUE NOV 20'61 Z. Q I. h1lNNE50T�55421 tijINC. t7� eK 5 . j Merwin Barth 2619 Hayes Street NE Minneapolis Minnesota AVLNUL (1'/11 20NArcNOKACOUNTY ' ' U 5MINNESOTA55421 �` � ✓� , a t K =,q J�--L r Lawrence Mugli 3228 Dupont Avenue S. Minneapolis Minnesota (2 VV 20'67 ANOKA COUNTY-' \ .Y, MINNE50TA 55421 dd-- � i`si �•d �R _:. _ LI I Kenneth Knapp 6007 3rd Street NE Fridley Minnesota htl�NNtESOT,A�5421 AE i 1 Mita- f.B.s �,�� It rr i L1..:CHI James Lupient 3512 Belden Drive Minneapolis Minnesota , r 1 , r - r N- Robert Carpenter 6030 3rd Street NE Fridley Minnesota - - Rarry Theroux 6020 3rd Stree Fridley Minnesota _. Fran:. 6010 5 FridI Minries: ta i s , 14. Iridley `IU.S.PQS!AI;EIK INIVERSITY--AVENUE Z�- -1 '1.. >� yOKA COUNTY, NOV 20'6' c'1.% A MINNESOTA 55421 ?- �I K 41iP1\A' q 11 I.E7 E n J yr John T. Grahm 2915 Knox Avenue So. Minneapolis, Minn. t` 1J i L I �. Frank M. Gabrelcik 5923 3rd Street NE Fridley Minnesota Ot .Yrcuffles F A.o INIVERSITY AVENUE -` 1.S , rjiE 'VOKA COUNTY.- R7U 2 0'6 7 `� MINNESOTA- 55421 1^ i`sz = G, S - ti> N� V, , ► -----I: - i _t _ John Pawluk 5931 3rd Street NE Fridley Minnesota :mak 4Z� M & I Auto Supply -s 6005 University Avenue NE Fridley Minnesota IN - 05 55421 EERMINNESOTA _i32��.55 'i Alfred Bunes 5920 3rd Street NE Fridley Minnesota Dr. J.P. Kelly 3327 Elliot Avenue Minneapolis Minnesota NOKA COUNTY ,. MINNESOTA 55421 Li Icena Schuss 401 Mississippi Frirl�av n 4. Roger E. Brenny 6011 3rd Street NE Fridley Minnesota alVjRSITY-AVENUE KM�h DKA. ,_C_o_UNiY-. MfNNESO?A 55421 a G %? l � 7: Leroy Syverson .�% 6017 3rd Street NE Fridley Minnesota Lee A. Ildstead ----:. 1st National Bank Building Minneapolis Minnesota _ Lester A. Mayo 4950 Madison NE Minneapolis Minnesota 1 Henry Lapides HOMEWOOD' ' Real Estate Broker, Business Opportunities 2402 Plymouth Ave. No. • Minneapolis, Minnesota 55411 521-4755 27 October 1967 City of Fridley Fridley, Minnesota Attentions Mr D. Clark Dear Mr Clark: As per our conversation yesterday evening I am hereby requesting a notice be published for a hearing before the City Council in reference to our request for a rezoning of our property at. 5981 3rd S- HE. Thank you for your kind cooperation in this matter. Sincerely, Cr er ideis r wv A � 3 � � �� 7'R1'4�R. 1ldl��%3AIN(1 MID d�h�GiLlA 0 A!x'� December 26, 1967 Henry Lapides 622 West Broadway Minneapolis Minnesota Re: Rezoning Request #67-10 to rezone Lots 29 & 30, Block 12, Hyde Park Addition Dear Mr. Lapides, DThe City Council at their regular meeting of December 18, 1967 considered your request in regard to the rezoning of the above mentioned lots. It was their considered opinion that these lots should not be rezoned. The vote of the Council to deny this request was unanimous . Please feel free to call on me for any information you may need in the future. Yours very truly, NASIM QURESHI, P.E. City Engineer NQ:jm Y*� � `ate `'e .i'ti: z� •'. ^raY .a ,.✓••°ra.r:. iaa''�K ��t St�f� r'` .�r '� �"i;��, g� ..• _ ^s� � rw ;# ��Y �".A` 2� ��• '`,�l'.' 'ZA s NVtSa'2�,y '!y Y'.�,�� 4`'K" �- Yee "y- �'�« a 'F'Y,a s a �,n .t '�'.✓�'`ej��4: y, +j£r .Y`4aa,, s�a+�'`.r_!yam !ak '� `a ia- • *�e & ��s��Tw.r' y ' r.s; t ��,'' e xa t.�s P"� Y ' �� •'�'� ��° 3 r..�s`�'".f... .4� �yg31- ,$"ra. ��M A' icajj,L n � s}t�,,'� �! { $'', `°tM p� r' ?��'sr, �,,1. �,9'a •k �•� P�-�+r:xa .F I& 4L 'E- s ti. .c .rrl-x` ' "�" Ny�",('ry ,� ;"— ry �� }Vii` .� „ - f � �" .!t >,y a ,""` :.� 4! �S�`t'w y } 'f-"3• ,�.'. �.�{ � ��.a• M;s ♦� L JYM.�l �; r� r;�X> � �� G;,' ' � ��; �� G�}i .+x !'":4-K K"r w_.� 4 .•�p�§ es ; `�. �Wtwr} � 6 x girl„, El Ir ,a�-'$��'m..iQ •� '�. ,vF-aa ;, "�Y • tri .rS x- A cr .. 4�' if 6 s.. 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"' � e''ri., i .F` ..« •+ a -° r �,+ u 't, �F i tak,avA°r+' .+..- `�o t ss y 3a, r�y"L r *r 'y, a':;• �•z. :.. � �}�sth��+( � �s�esr �'�� l `Gr�µ }-: '�£� r� 1'� ,� !, -� 1 re et''k.-,r n:•� =,'✓t.��.,i� r. . a k.* gor �:v.�cs.,,,•t .3n 6e.3s�� y�,i.„� � ��'�.�.�t�-',4�."� �-.ahs„r �e`3°"}r�F.� Z' ��X�`�,� b a,`t�- ,s 'JA. , iw +"� r r , � .. �"a, :,p,xi., y,. ,e�'t';r7'K.•rte �c_3#� y` zd lro' �4 kw•s �°j3'h €�,y.. `�'b-F�'k�-g �'�- .e�},.1 �.'�s`,�s S'. •'-r '^� ..ah,k��'+5'Yit',r.`r.~ ..�aLtY�- N.�s...::4e .^.�:,�3F.?:g�.._. .x;5%1 -_F%L - o �'\. ... +'-.n_..��n �F 4 .�,.�1�'•..��,^ rr�i MEMO] TO: Nasim M. Pureshi, City Engineer-Director of Planning MEMO FROM: Darrel Clark, Engineering Assistant MEM DATE: March 5, 1971 T F MO NUMBER: Engr. #71-02 RE: Purchase of Lots 29_ and 30, Block 12, Hyde Park Addition Attached herewith are copies of my Setter of February 16, 1971 and *4r. Lapides' of February 23, 1971. I spoke with 'Mr. Lapides prior to his February 23rd letter and told him of the R-2 zoning on his two lots. He felt it was unjust that his lots weren't zoned commercial like the rest of the block and felt if he were going to lose his lots to street right of way to serve other commercial property, then he should receive compensation at the commercinl rate. His lot is 10,750 square feet and at his rate of $1.75 per square foot, it would place a value of $18.812.50 -- almost double what we have offered him. Flow do you want me to handle this? I feel we should notify him of our intentions being he had the courtesy to answer our correspondence.. DARI?FaL CLARK ____. ._._.______......_.__._......, Engineering Assistant •-� " z� 1"�`� d� �?�?t 'aK+ �' e �r rtk -a x '• 'l�.� �'" �„ � Via` •'�i' '+� r`^+;�'+�'=.+n ' , rn ��k e � get ,� c; � ra 'r ° .� z,� 3� 2r.� 3':�r � � t+• � � �'n � as � r z ,�. z,r �$a ; ��• s ."- axe.' ^ { a,t `- a➢t: T rr s�`.,- 'sllt'T*`. �' `•;^;s'i. - `�� ems. t s� tr:. a II'�'R ,�;'' 4• '�. t�,> .�Y� .d � a �M _ b '" y 'v $ '^ ''q%' -.s; •, x kx-a;}"Fa, v+a+r- �� tf � � Ab A}' � �� -�5 Y'� �" �'V iVi, Y h.. � rA� �� 'A� �Y f:,iy .i jC•[��r��.� `M ��* z.-;&" f ♦ ?"3+'� "� .d�`.1 .i ; y1. ' '. '� "*w: ty <.._ 3 - a• -S;Id` r•Y ',,., a ,�r •x" �'-;+,�, tr n# - # . ."�r� �s. .>�� °>�s vµ' -Y'• � ,��, h �• ''°'� � -• yas,. Ya:_:��^ IN;, 3 +E:- >`e:, .� �r`x 3'�- ,>,�•� ter, ��iE.. .� . :awi k ( • sY Ty.. } 1 1 { s' '{� k.T/{�a. 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It f` 'F7a� ,Y;,•� .�1N � r}�.�,�}: t�� >�.*�P$a nr��,�� y�r�.. ,u s�� 'e �.. .+��: r - °� 2 r�� y,;, ,; H h� �� -��a�`J7t�� - t Fs:r t•' .r: ,t;M—r�" t � � r�y..4�y s �,d`t�,�'�� .x�wn •"�sV ^y'�•�"k_ k � x �'��c `ea�'g� r� :�: 3s` `y ``'�` 1 Henry Lapides - ZOA #67-1 .0 Lots 29-30, Block 12, HydE Park Rezone from R-2 to R-3A 4 Unit Apt. ------6f1 -i r°' _ v n� \ v ti O � p a o m �Si ri VS � \ F � at 1 � � I +4f . I tl i { I i � t f�c f <, ' M u ; I I i l JIi / L-7 t �; • hil Jo 49 27 27 2c cr. LLI 25 i 23 B 29 B 23 — ...; Z !d COI' /� fit '► / L/ 9 / •..._ i,� ei 4 i'� �k. 59TH A1IFilUE. N.E. she 2 t7 _4 N 27 �91 t� �^7 f sc S ssMwow•' p 7 t t3 d _ � 2 B -8-•- _- d _� � X Epp z/ Z/ • a Ag 2. 58TH AVE RUE -M.E..,r�_1 � ,t • ` B t4-.- 30 i4 / %7 1 _ . .► AVE. Ag- lotJf • 47 Tib !�._�_ T ►�fj:s PL; t a : •tet f F ' t' 7 �' /o// t /3 i/4 Z � !f 6i d�9 /Oi// /� ;nAt ,/ Z j j ' Planning Commission Meeting - September 28, 1967 Page 7 Member Myhra asked whose responsibility it was to notify all parties con- cerned in a lot split. Chairman Hughes replied that the Planning Commission could not consider the application unless all of the owners involved are parties to the application and he was not sure this was the situation in this request. He suggested the matter be carried over until October 12th and instruct the secretary to send copies of the minutes, along with a letter, indicating when the matter will be discussed again to Mr. Suhl. The letter should urge him to attend the meeting on the 12th. Member Jensen asked if Mr. Werner could verify the location of the sewage disposal facilities. Mr. Werner believed a permanent lot split would be the best solution. Mr. Suhl. may have something in mind such as a private five foot easement for the land under the eaves so that a stepladder could be used for painting or repairs of the eaves. Member Erickson asked if there would be a liability on the part of the City if they granted a lot split without Mr. Suhl being at the meeting, and did Mr. DeGardner intend to convey the 20 feet by deed. Mr. DeGardner said on Lot 54 the deed has already been given. MOTION by Erickson, seconded by Ylinen, that the Planning Commission table until October 12th the Lot Split (L.S. #67-05), Robert DeGardner, of Lots 52, 53 and 54, Block E, Riverview Heights and request Mr. Suhl to be notified of the meeting and request his presence at this meeting: Upon a voice vote;- all voting aye, the motion carried unanimously. 3. REZONING REQUEST ZOA #67-10 HENRY LAPIDES: Lots 29 and. 30, Block 12, Hyde Park to be rezoned from R-2 to R-3A—. '"—'�' Mr. Henry Lapides was present and asked the Planning Commission to refer to the drawing of the proposed apartment unit, and also the drawing showing the structures in the neighborhood. He felt that by putting a nice appearing building on the corner lot, and taking away an old building, they could enhance the neighborhood and still fit in with the rest of the area. In back of the apartment house is University Avenue, there is commercial on 3rd Street on the South end and at 59th Avenue is another commercial piece. This is a mixed area with several. types of uses. MOTION byYlinen, seconded by Myhra, that the Planning Commission set a public hearing date of October 26, 1967 for ZOA #67-10, Henry Lapides, of Lots 29 and 30, Block 12, Hyde Park to be rezoned from R-2 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. RE: ITEM 2, LOT SPLIT REQUEST (L.S. #67-05): The Planning Commission decided to hold a Special Meeting on Thursday, October 5, 1967 for the purpose of hearing the Lot Split (L.S. #67-05), Robert DeGardner of Lots 52, 53 and 54, Flock E. River-view Heights instead of the regular meeting of. October 12, 1967. 4. BONDING OF CONTRACTORS: The City Attorney Herrick told the Commission he talked with the Rich- field Attorney who stated. that Richfield use Off Street Parking Permit Agreement force and Bonding procedure to everything except single family 1 PLANNING COMMISSION MEETING - OCTOBER 26, 1967 PAGE 1 The meeting was called to order at 7:32 P.M. by Chairman Hughes. ROLL CALL: Members present: Myhra, Jensen, Hughes, Erickson Member absent: Ylinen Others present: Engineering Assistant Clark APPROVE MINUTES OF PLANNING COMMISSION MEETING: OCTOBER 5, .1967: MOTION by Jensen, seconded by Myhra, that the Planning Commission min- utes of October 5, 1967 be approved subject to the correct spelling of the name of the County Administrator, Bernard Steffen. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVE MINUTES OF PLANNING COMMISSION MEETING: OCTOBER 19 1967: MOTION by Myhra, seconded by Erickson, that -the Planning Commission min- utes of October 19, 1967 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE MINUTES OF BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING: OCTOBER 24, 1967: Member Erickson asked the following corrections be made: 1) Under Item C, the reference to the permit number should read as follows "until landscaping as proposed on previous addition, Permit #9111 - December 1, 1966 be approved as in plot plan document #661117. 2) Subdivision (B) should read "Exterior blocks be all painted". Subdivision (C) be added and read as follows "Blocks will be highlighted on South and West elevations". MOTION by Erickson, seconded by Jensen, that the minutes of the Building Standards-Design Control meeting of October 24, 1967 be received subject to the above corrections. Upon a voice vote, all voting aye, the motion carried unanimousl,r. ORDER OF AGENDA: Chairman Hughes said an item had been brought to his attention by the City Council requesting action in the near future regarding a City Planner. This would be considered as Item 5, and the Commission proceed with the agenda in the order it is printed. 1. PUBLIC HEARING: REZONING REQUEST (ZOA #67-10) HENRY LAPIDES: Lots 29 and 30, Block 12, Hyde Park Addition to rezone from R-2 to R-3A. Mr. Lapides, the petitioner, was present, and also Mr. and Mrs. Lawrence Muggli, residents in the neighborhood. The Public Hearing Notice was read by the Chairman. b Planning Commission Meeting - October 26, 1967 Page 2 Mr. Lapides, in explaining his plans, said he would just like to request that he be granted the rezoning request for Lots 29 and 30. He felt the petition for a fourplex would fit into the area very nicely due to the fact that a fourplex is on the opposite side of the street one lot away and the structure would back up to University Avenue. As they plan on putting a nice looking building up, he felt that it will enhance the area. There is a build- ing on the property now, but it is dilapidated and will be torn down. The Engineering Assistant showed a map prepared for the Plats & Subdivisions- Streets & Utilities Subcommittee of the buildings in the area, but not indica- ting the size. The vacant lot adjoining the property of Mr. Lapides was owned by Mr. Muggli. Mr. Lawrence A. Muggli, 5973 3rd Street N.E. : It was his understanding that under the present zoning regulations, this proposed unit could not be built there. In R-3A1, under the present Code, he asked what would be the minimum type of building. The Engineering Assistant answered that, without waiving area requirements, still only three family dwellings could be built because the lots are not large enough for a fourplex. To build four units, they would have to have three 40 foot lots. Mr. Muggli asked, that in the procedures for the request of rezoning a couple of lots with all the surrounding area not that type of zoning, is it the policy to allow a rezoning of just a couple of lots within an area? He was informed that, in general, it is considered bad practice. General comments could be made on whether it is good or bad zoning, but each case is judged on its merits. Mr. Muggli answered that there was no doubt in his mind it would not be fair to the other people in the neighborhood. His situation was a little i different inasmuch as he was operating under a grandfather clause. He felt the rezoning would interfere with the operation of his business. He said referring to the statement made by Mr. Clark, the amount of land is roughly 30% under the requirements and this would indicate a change of parking space. Parking for the fourplex could definitely affect his property. If he had a load of steel come in, he would not want to run around the neighborhood to get cars moved. Mr. Lapides stated the draftsman conferred with the Building Inspector of Fridley on the layout of the building and garages on proper sideyard and set- backs and they were told they had adequate parking facilities, according to the Code requirements on the land that is available now. The comment was made that three units could be built on this site under R-3 and that the plan, as the Planning Commission understands it, is to petition for variance to allow four units. With the land rezoned, it would be possible to apply for a variance. Member Jensen commented that he personally felt favorably inclined toward the rezoning as he thought it was compatible with the immediate neighborhood. In view of the small sketch studied indicating land use around the area, he thought it was somewhat indicated. However, he did feel quite strongly in a negative way toward a variance in the area requirement to allow for a fourplex in a neighborhood that already has a relatively high density, relatively high volume of apartments built prior to some of the later changes in zoning and which land use absolutely lacked adequate park and playgrounds. With all these things considered, I think allowing additional dwelling units on substandard 4 Planning Commission Meeting - October 26, 1967 Page 3 lots complicates the problem that we already have. Iie added he would certainly not favor this, but because of the use in the immediate neighborhood, he favored the rezoning. Mr. Lapides added that the main reason is a duplex in that particular area would cost a lot of money. It would be very hard to sell, but a four- plex would fit into the area nicely because there are other fourplexes around there. It is a good location, near University Avenue, near business service and shopping, a good rental area. It would be the nicest building in the area and also a kind of buffer zone for the people on 60th Street. Mr. Lapides said he was the owner of the property. Chairman Hughes added that one thing needed to be considered is the relation of the activities on that part of the City in changing the zoning to this area. This entire Hyde Park area is zoned R-2 and does have varying uses. It seems that whatever action is taken in this area to change the zoning should be based on some long term view as to what the area might become. There are several possibilities. We could look at the area along 3rd Street where commercial and industrial already exists and when further usage will be extended over the years, would it be proper to think in terms of commercial or industrial zoning on that street. Another possibility, the area is zoned R-3, and as buildings go out of use and conditions make it more difficult for commercial building, the tendency will be for the area to go into limited residential. A patch of R-3 at this particular point would be a very strong basis for the petitioner to argue that adjoining areas to the North, West and South should also go R-3. It could also be a statement on our part that no further commercial should be expected along that street, at least to the North . of this area. We would essentially say, by taking action to R-3, that we would not expect commercial to go North. We are also in a position of having to consider the likely action of the petitioner if we do recommend rezoning to R-3. We know what could be allowed and what could be done with variance. It would be extremely difficult for the City to turn down a variance if these lots were zoned R-3 or R-3A for the simple reason that the lots immediately across the street would feel it proper for them to have R-3 there with four units on them. Member Myhra said that he would like more time to study this problem inasmuch as there is a large area involved. Chairman Hughes added that the discussion has to be to the point -- is the rezoning proper in this situation as the zoning now exists. He thought it would be difficult to show it would be improper. Mr. Lapides said that they had sent out twenty-one letters in regard to this rezoning, and as far as he knew, there had been only one objection to the application and he felt that proved the point that the people in the area do not object to it and are probably happy that it is going to take place because of the particular situation in that area. MOTION by Myhra, seconded by Jensen, that the Planning Commission table the petition, ZOA #67-10, by Henry Lapides to rezone from R-2 to R-3A lots 29 and 30, Block 12, Hyde Park Addition until the meeting of November 30, 1967. Upon a voice vote, all voting aye, the motion carried unanimously. 2. VACATION REQUEST: SAV #67-04, HAROLb W. HARRIS : Block 8, Onaway, vacate two alleys in Block 8. Member Erickson commented the plan for the construction of a warehouse Planning Commission Meeting - November 30, 1967 Page 11 Chairman Hughes added he shared Mr. Myhra's opinions. He has gone through the area many different days (walked and drove) and he has always come away feeling somewhat the same as Mr. Myhra described. It is quite apparent that area is improving itself. His feelings were he hated to take any action to change single small parcels simply because it was not clear what the area itself should be. If it becomes clear later on, we would feel very badly to rezone tracts that portion which should be commercial to residential. If it appears later on that the area should be held in R-2, we would look awfully dumb if we had made it all commercial. We have a situation that does not show into what direction we should go. Jensen added that the zoning in this area is wrong and that is about as far as he cared to go. Erickson agreed he felt very much the same way and .was of the opinion the Planning Commission should have counsel. MOTION by Erickson, seconded by Myhra, that the Planning Commission recommend to Council the denial of the rezoning request (ZOA #67-11), James Lupient, Lots 18-20, 23, 24, S2 7, 8, NZ 9, 11-13, Block 11, Hyde Park Addition from R-2 to R-3. Upon a voice vote, all voting aye, the motion carried unanimously. Myhra commented that when a person owns property, he has a perfect right to request a zoning change for rezoning and there is nothing wrong to make a profit out of it. Chairman Hughes said it is desirable we recommend denial rather than table the rezoning request because it seems that likely ':,.at the solution to the overall problem is going to be on another project <>nd that it would be unfair to the petitioner to be left in doubt what the situation should be. 3. CONTINUED PUBLIC HEARING: REZONING REQUEST ZOA #67-10 HENRY LAPIDES: Lots 29 and 30, Block 12, Hyde Park Addition, rezone from R-2 to - Chairman Hughes recalled that at the time the hearing was continued, we had heard the public and a number of comments from the Petitioner and Com- mission. Myhra commented that this was the original reason that the Com- mission talked about studying the area. Mr. Lapides said in light of the fact that you might consider having the area studied, he would like to make one point in asking consideration on this request. He did not feel that approving the request would greatly change the aspect of the neighborhood. There are two fourplexes on 3rd Street directly across from his lots, University Avenue to the east, and on his side of the street, two lots down, is a fourplex. He was not abutting any 40 foot lots and felt that in this instance, they were justified in asking for a rezoning. Mr. Schmedeke felt that corner lot would make a nice slip off to Univer- sity Avenue for commercial. Mr. Lauseng: Either let it stand as it is or get the home owners and let them get a petition. Mr. Muggli: I am all for anyone making money but not at the expense of anyone else without anyone having anything to say. Planning Commission Meeting - November 30, 1967 Page 12 MOTION by Myhra, seconded by Erickson, that the continued public hearing of the rezoning request (ZOA #67-10) by Henry Lapides, of Lots 29 and 30, Block 12, Hyde Park Addition, to rezone from R-2 to R-3A be closed. Upon a voice-vote, all voting aye, the motion carried unanimously. Myhra observed that talking in terms of study, he found merit in what the petitioner said, but he thought the point still goes. What type of zoning it ought to be, he didn't think the Planning Commission ought to assume anything at this time. If a professional planner is to be asked, it seems this request ought to be denied. Chairman Hughes added that it seemed to him that all the reasons given to the previous petitioner for denying the application are applicable to this, also. And an area which all the members seem to find themselves in agreement on poor znr ,ng, it seemed poor practice to him to change rezoning of a tract in the ai - when they did not know the direction the area will develop. MOTION y Jensen, seconded by Erickson, that in view of the aforementioned reasons, that a motion be made that the Planning Commission recommend to the Council denial of the rezoning request ZOA #67-10, Henry Lapides, of Lots 29 and 30, Block 12, Hyde Park Addition, to be rezoned from R-2 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Hughes asked if it were desirable to make a motion requesting permission to employ a planner for the purpose of studying this area. Darrel Clark suggested mentioning some guide lines and how extensive a study they would want so that an estimate could be made by a planner as to what a study would cost. Mr. Schmedeke said he would like someone besides Hodne for that area. Myhra felt the Rice Creek Area study by Hodne had good results. It would depend upon who is available and willing. Chairman Hughes felt it would be desirable to have someone show up at the next Planning Commission meeting to discuss study costs. COMMUNICATION FROM CITY OF COLUMBIA HEIGHTS, NOVEMBER 17, 1967: Re: 10-17 unit apartment buildings in area east of Washington Street and west of Sullivan Lake on the south side of 53rd Avenue. MOTION by Erickson, seconded by Myhra, requesting the City Manager to correspond with the Manager of Columbia Heights asking him (1) the entrance ' on 53rd Avenue be kept to a minimum (2) request that they try to bring up substantial screening of the side of the buildings facing 53rd Avenue to provide the greatest possible protection to the single family residences across the street in Fridley. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Hughes adjourned the meeting at 11:30 P.M. Respectfully submitted, Hazel O'Brian Recording Secretary OFFICIAL NOTICE OFFICIAL NOTICE CITY OF FRIDLEY CITY OF FRIDLEY PUBLIC HEARING PUBLIC HEARING BEFORE THE BEFORE THE CITY COUNCIL CITY COUNCIL TO WHOM IT MAY CONCERN: TO WHOM IT MAY CONCERN: Notice is hereby given that there j Notice is hereby given that there I will be a Public Bearing of the City will be a Public Hearing of the City i Council of the City of Fridley in Council of the City of Fridley in the City Hall at 6431 University, the City Hall at 6431 University Avenue N.E. on December 11, 1967 Avenue N.E. on December 11, 1967 in the Council Chamber at 8:00 in the Council Chamber at 8:00 P.M. for the purpose of: i P.M. for the purpose of: Consideration of a request by 3 Henry Lapides to rezone Lots Consideration of a request by 29 and 30, BIock 12, Hyde Park Henry Lapides to rezone Lots from R-2 (limited multiple 29 and R- Block(limited Hyde Park family dwellingg�) all lying in the from dwelling) (limited multiple North Half (N 1/z) of Section 23, family Half ( ll) all lying in the T-30, R-24, City of Fridley, North Half (N it of Section 23, County of Anoka, State of Min- To30, R-24, City of Fridley, County of Anoka, State of Min- nesota. nesota. Street betty en 59 h Avlocated enue and Third Generally located on Third Street between 59th Avenue and 60th Avenue. I 60th Avenue. Anyone desiring to be heard with iAnyone desiring to be heard with reference to the above matter may reference to the above matter may be heard at this time. be heard at this time. JACK O. KIRKHAM JACK O. KIRKHAM Mayor Mayor Publish: November 24, 1967 ,Publish: November 24, 1967 December 1, 1967 December 1, 1967 (Published in the Anolts 'Union (Published in the Anoka Union Fridley yFre1rc3 &Fridley Free Press 8Nov. Nov. 24 & Dec. 1, 1967) ' PUBLIC HEARING, DECEMBER 11, 1967 PAGE 2 PETITION #41-1967-RESIDENTS OF BLOCK 11, HYDE PARK PETITIONING THAT THEY DO NOT WANT LARGER THAN 3 OR 4-PLEX APARTMENT HOUSES: MOTION by Councilman Liebl to receive Petition #41-1967 and refer it to the Administration for processing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Frank Gabrelcik, 5923-3rd Street Northeast, said he was not in favor of apartments at all. He said he could not understand why the property is not zoned commercial. Mrs. Gabrelcik said that this neighborhood is overloaded wi .h apartments now. She said she helped take the petition around, and the people do not want them. She said the streets are full of cars now, and if they rented the apartments to a bunch of girls, there could be 5 cars for each apartment. She said that a woman on 58th Avenue and 22 Street had counted 60 children in the block already with no park or play area. Mr. L. A. Muggli, 5973-3rd Street Northeast, said that there is a 4-plex beside his property, and since it has been built, he has had nothing but trouble with the overflow of junk from the tenants. He said he had to clean up after them every week or two. He said he owned an empty lot across the street from two 4-plexes, and the people think his empty lot is for their convenience, and drive over and park across it. Mayor Kirkham explained that it was the Council's policy to hear the different testimonies at the public hearing, and bring it back at a future Council Meeting, after the Council has had a chance to give it thought and more study. He said that since not all the Councilmen were present, they would want a chance to study the minutes also. Councilman Liebl said that at this time, he was not ready to make a decision, and since some members of the Council were not present, he would like any decision tabled to the next regular Council Meeting of December 18, 1967. Mayor Kirkham asked if there was anyone else present at the Council Meeting that wished to testify on either side of the question. There was no reply. MOTION by Councilman Samuelson to close the Public Hearing. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing on a request for rezoning lots in Block 11, Hyde Park Addition as requested by James Lupient closed at 8:01 P.M. U 2 f PUBLIC HEARING ON A REQUEST TO REZONE LOTS 29 AND 30, BLOCK 12, HYDE PARK FROM R-2 TO R-3A, GENERALLY LOCATED ON THIRD STREET BETWEEN 59TH AND 60TH AVENUE, AS REQUESTED BY HENRY LAPIDES: Mayor Kirkham read the Notice of Hearing. He asked if the petitioner was present at the Council Meeting. There was no answer. Mayor Kirkham asked if there was anyone present who wished to speak in behalf of the petitioner. There was no answer. He asked if there was anyone present to speak in Opposition. P - .� PUBLIC HEARING, DECEMBER 11, 1967 PAGE 3 Mr. Schmedeke said that this was similar to the last rezoning public hearing, and requested the rezoning of two 40' lots, which are too j small for a 4-plex. He said this was probably why the petition did not attend the meeting. Mr. Schmedeke said he felt that if the same people were petitioned that had signed against the last rezoning, they would : be against this rezoning also. Mayor Kirkham asked for a show of hands of the people present at the Council Meeting that were opposed to this rezoning. 14 people raised their hands. Mayor Kirkham asked the people in favor of the rezoning to raise their hands. There were none. MOTION by Councilman Liebl to close the Public Hearing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing on a request for rezoning lots 29 and 30, Block 12, Hyde Park Addition from R-2 to R-3A as requested by Henry Lapides closed at 8:05 P.M. Councilman Liebl said that the decision for approval or denial will be taken care of at the next regular Council Meeting, and the people will find out where the Council stands at that time. He said that no decision should be made without the full council. PUBLIC HEARING ON STREETS - 1968-1 STREET PROJECT AND 1968-2 STREET PROJECT MSAs : Mayor Kirkham read the Notice of Hearing. He said that he wanted to remind the audience that the Council does not initiate these projects, but they are done by petition of the residents. He said that in some cases the Council may draw to the attention of the residents in an area that an improvement project may be advisable, however, any decision is based on the desires of the majority of the people involved. Mayor Kirkham said that the projects will be taken in the order they are presented in the Notice of Hearing: 1968-1 STREET PROJECT 1. 64TH AVENUE - CENTRAL TO ARTHUR: The City Engineer pointed this street out on the map. Mayor Kirkham asked if there was anyone that cared to be heard. Mr. E. Edwards, 1403 - 64th Avenue Northeast, said he understood there had not been enough signers for a petition. The City Engineer said that there had been a petition last year, but storm sewer was needed. Mr. Edwards asked the cost of the storm sewer. The Finance Director said that this hearing was not being held on the storm sewer, but the purpose is to decide on whether to proceed with a permanent street or put in a temporary street because a storm sewer will be needed at some future date. The City Engineer said that this area is part of a large drainage area which eventually will need storm sewer. He said the cost is very high because the pipes have to go deep to drain this area into Rice Creek, and in 1965 the City asked REGULAR COUNCIL MEETING, DECEMBER 4, 1967 PAGE 7 PLANNING COMMISSION MEETING MINUTES OF NOVnIBER 30, 1967: The City Engineer said that the Planning Commission Minutes were not quite ready in time for the Council Meeting, but can be put on the agenda of December 11, 1967 to be received. He explained there were two items the Council could take care of this evening. The City Engineer explained that Acres, Inc. had withdrawn their reque-'t for the rezoning of Innsbruck North, and the people should be notified that there will be no hearing. MOTION by Councilman Samuelson to concur with the recommendation of the City Engineer and receive the formal letter from Acres, Inc. withdrawing their request for rezoning, and that letters be sent to the people involved informing them that there will not be a public hearing. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Engineer explained that two rezoning hearings, one for Mr. James Lupient (ZOA #67-11) and Mr. Henry Lapides (ZOA #67-10) have been requested. He said that both rezonings were denied by the Planning Commission, but the petitioners have requested a hearing before the City Council. He passed out maps of the two areas. MOTION by Councilman Harris to set the date of December 11, 1967 for a Public Hearing before the City Council as requested by Mr. Henry Lapide., (to rezone Lots 29 and 30, Block 12, Hyde Park Addition from R-2 to R-3A) . Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ; 195-1967 TRANSFERRING MONEY FROM THE GENERAL FUND AND LIQUOR FUND TO THE DISASTER FUND: Mayor Kirkham said that this resolution is necessary to pay back to the Government funds disallowed by the Government that were advanced for the tornado disaster. The City Finance Director read some of the items that had been disallowed, such as the work done by the Jaycees, American Legion, and the cost of repainting and repairing old signs. Councilman Samuelson asked if the funds not available were figured into the 1967 budget . The Finance Director said there was some money left in the fund, and by making transfers from the Insurance Account and Liquor Fund, this will take care of the refund. Councilman Harris questioned whether the City could have a case on the disallowed items. Mr. Gibbs said that it may be worth a try. He said he and the City Attorney would look into this . MOTION by Councilman Harris to table refunding this money, and request that the City Attorney investigate any possible means of recourse for collecting further disaster funds. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to adopt Resolution #195-1967 so that the funds can be transferred. Seconded by Councilman Sheridan. Upon a voice -ote, there being no nays , Mayor Kirkham declared the motion carried. REGULAR MEETING, DECEMBER 18, 1967 PAGE 2 CONSIDERATION OF REZONING REQUEST - LOTS 29 AND 30, BLOCK 12, HYDE PARK FROM R-2 TO R-3A, HENRY LAPIDES: Councilman Liebl said he would like to recommend that this rezoning request be denied also, because it is spot zoning and he did not feel it would improve the area. MOTION by Councilman Liebl to deny the request for rezoning Lots 29 and 30, Block 12, Hyde Park from R-2 to R-3A as requested by Henry Lapides. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF PETITION ON FONTAINE PROPERTY: Councilman Liebl said that he has received a call from these petitioners, and understands the City Manager and other Councilmen have also, and they hope the Council will consider their suggestion of not flooding the whole valley, but reserving some of the area as natural wildlife. Mayor Kirkham said that this was a very reasonable request and as this is one of the few wild state areas left it should certainly be given the Council' s consideration. Council- man Harris said that this is meant for flood control, so whatever is necessary for adequate control will dictate how much backwatering is done. He said that the water can only go to the 890 level, which will leave a tremendous amount of land left. Mayor Kirkham said that by dredging from the center, there can be a considerable amount of water and still leave a big area of shoreline wild. PETITION #42-1967 - FLOODING THE LAND THAT .WAS ALREADY FLOODED AND LEAVING THE REST OF THE AREA IN ITS NATURAL STATE: MOTION by Councilman Liebl to receive and file Petition #42-1967. Seconded by M Councilman Sheridan. Mayor Kirkham asked if there was anyone in the audience that wished to comment on this item. There was no answer. Upon a voice vote , there being no nays, Mayor Kirkham declared the motion carried. AWARDING OF CONTRACT FOR SW&SS #88: Councilman Harris said that this has been discussed before, and it was his understanding that all parties wish to concur with the project. Following are the Bids: PLANHOLDER SURETY BOND LUMP SUM BID COMPLETION TIME Swanson Excavating Company Trans America $252,926.40 180 Cal Days 4745 Shady Oak Road 5% Hopkins, Minnesota, 55343 Northern- Contracting Company Trans America $243,291.00 As Specified P.O. Box 272 - 5% Hopkins, Minnesota 55112 Phelps-Drake Company, Inc. Fidelity Deposit $238,466.35 As Specified 544 Douglas Drive 5% Minneapolis, Minnesota 55429 It REGULAR COUNCIL MEETING OF MAY 3, 1971 PAGE 27 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4C, FRIDLEY CITY CODE, TO REDUCE THE REAR YARD DEPTH REQUIREMENT FROM 25 FEET TO 19 FEET 7 INCHES TO PERMIT THE CONSTRUCTION OF A ]DWELLING ON PART OF LOT 5, BLOCK 1, ELWELL'S RIVERSIDE HEIGHTS, THE SAME BEING 161 TALMADGE WAY N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. WILLIAM DIECK, 2410 ARDAN AVENUE, MINNEAPOLIS, MINNESOTA) : The City Engineer said that Mr. Dieck has a letter from the property owner behind him and he has no objection to the variance. He showed the Council photographs of the property. MOTION by Councilman Harris to grant the rear yard depth variance to Mr. William Dieck as recommended. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of April 27, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING BIDS - TOWING CONTRACT: (Bids Opened 1:30 P.M. May 3, 1971) Shorty's Towing Service 5755 University Avenue N.E. Fridley, Minnesota Day Call: $6.50 Night Call: $7.00 Snowmobile: $5.00 Motorcycles: $6.50 Snowbirds $7.50 Trailers: $10.00 per hr. depending on size Accident: $12.00 per hour Police Cars: No bill except under warranty Inside Storage: $3.00 Outside Storage: $2.00 The Acting City Manager said that Shorty's Towing Service was the only company that submitted a bid. He said the specifications were basically the same as previously, and he reviewed the bid prices for the Council. MOTION by Councilman Harris to award the towing contract to Shorty's Towing (Service. Seconded by Councilman Breider. Upon a voice vote, all voting Aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF PURCHASE OF PROPERTY AT 5981 3RD STREET: (LAPIDES ESTATE) o The City Attorney said that technically these lots were still R-2, because (� when the Council rezoned this area, these lots were omitted, however, if this went to court they would argue that the rest of the area was rezoned and the City did it so as not to have to pay the commercial price. Councilman Harris asked what the original price had been. The City Attorney said he believed he had asked for $17,000. Councilman Liebl thought that $15,000 was a fair price considering what other lots have sold for in this area. The City Attorney said he thought if they condemned the land, they REGULAR COUNCIL MEETING OF MAY 3, 1971 PAGE 28 possibly could get it for less; however, when you add the costs for the condemnation, he was not sure they would save that much, as he has not done a study of the property values in the area. Councilman Harris felt that the Council would be open to criticism if they paid more than the going market rate for the property. The City Attorney said that the City would get right of entry once the papers were tiled so condemnation would Inot hold anything up. Mr. Eldon Schmedeke said he thought the house will be in the way and something should be done as soon as possible. MOTION by Councilman Harris to enter into condemnation proceedings to acquire the property of 5981 3rd Street N.E. , Seconded by Councilman Liebl. j Upon a voice vote, all voting aye, Mayor Kirkham declared the motion I- carried unanimously. REPORT ON STATUS OF CITY'S REQUEST FOR ACCESS PERMIT, T.H. #47 SLIP OFF AT 60TH AVENUE: The City Engineer said that the City had received a copy of an interoffice memo in regard to the City's application to the State Highway Department last year for a slip off at 60th Avenue. We still have not receive per- mission, but this is to get permission going. The City Engineer said that if Mr. Schmedeke could give the City a letter about his plans and what he has on his property, and if he talked to the other businesses in the area to get letters in to be sent on to the State, we may be able to convince them that there are enough commitments to open up the slip off. He explained that it was not the local office but the Federal Bureau of Public Roads that has control on it. Mr. Schmedeke brought forth a letter he had written to the City Council that could be forwarded on to the Minnesota Highway Department. MOTION by Councilman Liebl to receive the communication from Mr. Eldon Schmedeke dated May 3, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the communication from the Minnesota Highway Department dated April 21, 1971 regarding the slip off at 60th Avenue. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Schmedeke suggested that the City Attorney write to the people in the area to get them to write letters to the Highway Department to help push for this access. The City Engineer felt that too much pressure might hurt the City's cause at this time, but this can be done later if the slip off is not proceeding at all. The City Attorney said he would write to the business people in the area asking them to write letters to the City, to be forwarded to the Highway Department. RECESS: Mayor Kirkham called a recess of the Meeting at 10:10 P.M. The Meeting was reconvened by Mayor Kirkham at 10:40 P.M.