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07/15/1996 CONF MTG - 4857� � � CffY OF FRIDLEY CITY COUNCIL CONFERENCE MEETING JULY 15, 1996 - 6:00 P.M. MEETING ROOM 1 (LOWER LEVEL) 1. 1996 Goals and Obj ectives Review. 2. 60 Day Action Law. 3. Community Education Center/Hayes Project. MEMORANDUM PLANNING DIVISION DATE: July 12, 1996 T0: William Burns, City Manager�'�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: 60-Day Agency Action Law Attached please find the referenced materials for the City Council conference discussion regarding the 60-Day Agency Action Law. These items were forwarded to the Council in the June 28, 1996, Council information packet. MM:Is M-96-331 � •1 MEMOR.A,NDUM PLANNING DIVISION DATE: TO: FROM: Ju�e 25, 1996 Wiliiam Bums, City Manager Honorable Mayor William Nee Councilmemi�c Steve BiUings Councilmembe� An� Boikcom Barbara Dacy, Communi#y Development Director S�c tt Hidcok,;Planning Coordinata- ,, .; �.I�lichele McPherson, Plann ng Assistant � ,: . SUBJECT: Sixtv Day Agency.Ac�ion Law . , .. ., ,.. . , On May 20, 1996, the City Councii established the Sixty Day Agency Action Law T�sk Force to review the City's timelines for �xocessing land use app�ications and to recommend policies, processes, and prooedures to comply with the Sixty Day Agency Action Law adopted by the State Legislature in 1995 (copy of law attached). The Task Force met on two occasions, May 29, 1996, and Ju�e 5,� '! 996. This memo wili summarize each of those meetings and establish a series of recommended ac�ions to comply with the Sixty Oay Agency Aciion Law. Mav 29. 1996 Meetina _ The Task Force held its first meeting on May 29, 1996: At that meeting, the following items were reviewed by the Task Force: _ : : �. A matrix analvzinq each of the Iand use applications This ma#rix calculated the �umber of days from the application date to the first Commissio� meeting and the number of days between the Commission ' meeting and the City Council approval which determined�the tota! number of days. The matrix also rioted the number of days estabiished by State '�� Sixty Day Agency Action law June 25, 1996 �, , ., Statute and the number of days established by local ordinance. it was noted that land use applications may take anywhere from 39 days (variance applications) to 102 days (vacation, rezoning, zoning ordinance amendments) for completion (matri� attached). . It was noted that state statutes do not require public hearings for land use items at the City Counci! meetings. The Planning Commission is required to conduct the meeting. Further, it was agreed that 3-4 weeks was necessary prior to the Commission meeting for staff to complete state- mandated hearing ads and notices, as wel! as c�edc the applications for completeness. This time frame is consistent with current practice. 2. A iist of recommended oolicies and arocedures. The policies and procedures establish routi�es for receipt of applications, minimum submission requirements, formal notification processes, checklists for files, etc. At the conclusion of the first Task Forcemeeting, staff.was directed to complete the following activities for the n�xt meeting: ` . `� � � '�°�� " . �` . � . � f. 1. Interview other communities cegarding their land-use processes-induding -. - whether or not advisory commissions are telev�sed. � �, �;. , .; . . , - 2. Draft preliminary checklists for minimum submission requirementsfor applications. _ 3. - Speak with the City Attomey regarding vacation requests and which, if any of our land use pracesses, are supported by State Statute. 4. Review when Planning Commission minutes are received by the City � CounciL 5. Identify possible ordinance changes to comply with'the 60-day window. June 5. 1996. MeetinQ At the Ju�e 5, 1996, meeting, the Task Force reviewed the matrix documenting the survey results of other cities. Staff interviewed 12 cities (see attached matrix) regardi�g the Sixty Day Agency Action Law and whether advisory commission meetings are televised. Of the 12 cities interviewed, only 4 of the 12 cities conduct public 2 _• :. Sixty Day Agency Action Law June 25. 1996 hearings on la�d use cases before the City Council. Of the other 8 commu�ities, public hearings are conducted before the Plarmi�g Gommission. A number of communities altow the public to speak regarding an item at the City Councif ineetings; however, this is not in a formal public hearing forum. Four of the communities' processes meet.the 60-day timeframe; however, of the remaining communities, many are attempting to adjust their processes to comply with the law. Or, if the 60-day timeframe is exceeded, they are firmly documenting this in writing and are-informing the developer that the process witt exceed fi0 days early in the applicatio� process. The Task Force reviewed the City Attomey's opinion regarding the Charter, specifically regarding vacation requests. !t is the City Attome�'s opinion that the Charter cor�flicts with State Statute and he has indicated a process by which the Charter could be amended to �esolve this conflict. The City Attomey also indicated verbally to staff on June 3, 1996, that sta#e statute specificalty identifies a timeframe longer than 60 days for plats. The City's plat process is the only process which is supported by state statute. All other land use applications which exceed the 60-day window do not have support of state statute for extension i�yond the 60-day window. The Task Force also reviewed a number, of possible ordinance changes to bring tl�e existing 1and use pracesses within the 6U=day wiriclow�'AOrdinance�changes would affect Chapter 205 entitled "Zoning," Chapter 211 entiUed "Subdivisions," and the Charter (see attacfi�ed code sections indicating possible ordinance changes). A number of these changes include conducting a public hearing only at the Planning Commission. The Task Force also reviswed and made suggested changes to a number of checklists and minimum submission improvements for applications. Draft versions of these forms are attached #or your review. Recommendation: After a thorough review of the information gathered by staff, the Task Force agreed to make the following recomme�dations #o the fuii City Council in order to comply with the Sixty Day Agency Action Law: 1. Conduct fo�nal public hearings on all land use cases before #he Planning Commission o� as required by state statute. 2. On an annual basis, adopt a schedule of official deadline dates for Commission and Council review. This date will be the official da#e to start the "clock" if the application is complete. 3 Sixty Day Agency Action Law June 25, 1996 3. If the appiication is not compiete, a letter wil! be sent to the petitioner explaining why and stating that the 60-day clock wili not start until a comple#e application is submitted. 4. Prepare an informational handout on the new state statute. � 5 Amend the format of the public notices regarding pubiic hearings to include boih dates of the Planning Commission public hearing and the City Council meeting when the item will be scheduled. The notice wil! clearly i�dicate that only the Planning Commission will receive testimony, and written comments wil! be accepted if a resident is unable to attend the Planning Commission meeting. 6. Establish checklists and receipt forms to monitor compliance wiih the 60- day statute requirements. 7. Enhance information processes to City Cou�cil. a. Produce extra Planning Commission and Appeals Commission padcets�for s�ubmis�ion to the City Counci! for #heir ea�ly review of : , . . ..,�, , . an#icipated items on the agendas. b. Begin televising`a�l Planni�g Commission meetings so City Council members can tape meetings. MM:Is M-96-292 cc: Fritz Knaak, City Attomey 4 • �: -e Article 18 DEADLINE FOR AGENCY ACTION Section 1. [15.99j [TIME OEADLINE FOR AGENCY ACTtON.J Subdivision 1. (DEFINITION.] Fo� purposes of this section, "agency" means a departmert#, agency, board, commission, or o#her group in the execuiive branch of state govemment; a statutory or home n.ile chartef city, county, town , or school district; any metropolitan agency or �egional entity; and any othe� politicai subdivision of the state. Subdivision 2. [DEAOLINE FOR RESPONSE.j Except as othenNise provided in this sedian and notwithstanding any other !aw to the co�trary, an agency must approve or deny witfiin 60 days a written request �elating to zoning, septic systems, ar expansion of the metropoiitan urban service area for a permit, license, or o#her govemmental approval of an action. Failure of an agency to deny a request within 60 days is approva! of the request. If an agency denies the request, it must state in wri#ing the reasons fo� the denial at the time that ii denies the request. Subdivision 3. [APPLICATION; EXTENSIONS.j (aj The time limit in subdivision 2 begins upon the agency's receipt of a written request containing ail information required by law or by a previously adopted nrle, 'ordinance, or policy of the agency. !f an agency receives a written�request that does not contain aN required, information, the 60-day limit starts ove� on{y if the agency ser�ds notice within te� business days of receipt of the request telling the requesterwhat information is missing. (b) If an action relating to zoning, septic systems, or expansion of the metropofitan urban service area requires the approval of more than one state agency in the executive brancfi, the 60-day penod in subdivisioc� 2 bsgins to run fo� all executive branch agencies on the day a requesf containing all requiced infortnation is received by one state agency. The agency receiving the request must forvvard copies #o other state �genaes whose approvat is required. : . � ` _. , ; . . _ : ..... >_ ;... �: . . . _. . F - .- _ . . . . _ ,. , . . . <.. ., . : _ � . _ .. .,. _ . (c) An agency response mests the 60-day time iimit if the agency can document that the tesponse was sent within 60 days of receipt of the written reques#. (d) The time limit in subdivisio�2 is exi�ended if a sta#e statute, federal law, or court orsier t�quines a process to occur before the agency acts on the request, and ihe time periods prescribed ir� the state statute, federal law, or cou�t order make it impossible to act on the �equest within 60 days. In cases described in this paragraph, the deadline is extended to 60 days aftef completion of the iast process �equired in the applicabt� statute, iaw, o� order. Final approval of an agency receiving a request is not considered a process for purposes of this pa�agraph. � ,,... (e) The time limit in subdivision 2 is extended if: (i) a �equest submitted to a state agency requires prior approval of a fede�al agency; o� (2) an appiication`submitted #o a city, county, town, school district, metropolitan or regional entity, or othe� political subdivision �equires prio� approval of a state or federat agency. In cases described in this paragraph, the deadline for agency adion is extended to 60 days aftef the r�quired prior approval is granted. (fl An agency may extend the timeline under this subdivision before the end of the initia160-day period by providing written notice of the extension to the applicant: ` The �otification must state the reasons for the , extension and �ts antiapated length, which may not exceed 60 days uniess approved by the appl�cant ::n �':s, �Y ��-i:�� ✓ Y.-: M�� i� � � . . ` . ��. ..., .,.; .. { . ,.. .... , .. ,: , . a : f ;-y 6 � . - , � . . c> . �� '�:, . Section 2- IEFFECTIVE DATE.] �. ' ,� - � . . . . a J' . . .. ., . . . . . .. . . , , `y .,,,.. , � ..�-. r :�,. :.,; . _. :.,. � d: r .a� d$i.:+b5° u� a�tr ",t�i . � . � :: .. :.; �.... . .t ." � .. . :�� Section :1 is effective July 9, :1995, and applies�to any wntten request submitted after that date ��.; .� . k . .. � ,`.. f -r 'v 't�� +� ' � ` �" �s "' ,;�V�'w 7 'v#i :. � a ��- _ � . � - 1.:. ::X ,� _Y F y� ' .�A }i �. ,-i i,. , "� �F } ' �a� '+.°'. . � - . 4�'� y� � F j . t t �+� � S+ c �- t - i ... �f <'A� l t �1 t ., . . _ . tit . t':. � 0 �N � •� c� U A � y •� � � �/ a� � y o .� � � � � ^�' Q � ".0 � O .f] w v � �o � � v a 0 .� U .� � «t � O� � N .� �. Q N Y bq G .� '� N N n, � 0 v � 3 .T � � >, >, o b � � � � �°o � 3 'o ° rn � ,� N C 3 � � �' ..C. O . � � .� � 'vi � c T � � 3 � � L o � � � V � � � � � ��_ �v 3 `�' . 3 `�' . a�'i '� � «3 : aCi c ° � a ° � � � ° � d C y V ��.. y V � 0.� � `A 'b G y [^i ..� � � ..� � Q% (C L' O� y � O N A ,T',� .� .O y", .� N Ir R. 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M a� o� �°.�°: o 03 Av� �ca .-•a z U.� L d �C G- z ;, � �q N H`o ° o°OO �°n �°p � r �+ � U L ° c, H � � 'v b � c.. � O O 7k U �� v�i � N N O = ,�, O h •y ,� a' i�r ,II � '_ d ��I v st et �t �k U-/. M M M M � «, . ;�,:. .., o X � a�i � � � � ❑ � � � ,� • -o c � � �, � � ctl cVa .a � ... ... � n. Q �° � a .°.� 3 a"' � w � � N � � .n a�i � 0 a. n. m � .� .� y a"i U O ti G3. T C O N ..' w+ ti .y :��c, � O � � T U � «. a a % . HOLSTAD AND LARSON, P.L.C. WAYNE B. FiOLSTAD RUSSELL L.C. LARSON KAREN HILL FJELD'f' JOHN L. UNDEIL LARRY S. MOUNTAIN '{' REAL PROPERTY LAW SPECIALIST June 5, 1996 � ATTORNEYS AT LAW 3535 VADNAIS C�NTER DRIVE Surr� 130 SAINT PAUL, MN 551 1 O TE�EPHONE 612/490-9078 FACS�Mtt� 612/490-1580 OF COUNSEL: FREDERIC W. KNAAK� 'AlSO LICENSED IN WISCONSIN AND COLORADO � Ms. Barb Dacy BY FACSIMILE AT 571-1287 -� Director of Planning and - AND U.S. MAIL Community Development City of Fridley : Municipal Center 6431 University Avenue N.E. � • : : � . Fridley, MN 55432 . ..� RE` City of Fr'idley Charter Vacation Provisions � . _., ., . . , ,... � Dear. Barb. ` : : ,.. : - . . As ` I indicated to �you. in a�.couple �of our ,earlier � discussions, I�have� been examining the provisions of Section 12.07 of Fridley's Charter as they relate to the City's �practice of requiring �,� � - the formal passage of an orclinance for each vacation of a streef or other type of easement that `. occurs in the City. The topic first came up fior me during a recent discussion by the Council � concerning the vacation of a conservation easement. � It's undisputed that passage of an ordinance has been the practice of the City in the past when . � vacations were requested and granted. This practice is clearly rooted in a reading of the first � sentence of Section 12:07, which does, irr fact; state� that: � �' The Council shall have the exclusive power, by ordinance passed by a vote of at least four (4) members of the Council, to vacate or discontinue highways, streets, � easements and alleys within the City...(Emphasis added) By itself, there would seem to be little question about the meaning of the provision. It's what follows that has raised in, my mind a question �of. whether simple compliance with the other ordinance passage provisions of the Charter_is either�required or the intended meaning of the � full Charter provision. Moreover, it's important ��to no#e that while this provision � grants 'the Council exclusive �power to 'vacate by ordinance, the language does not expressly limit the .: . Council or the City to this method. �-�. . . .� c Ms. Barb Dacy June 5, 1996 Page Two Section 12.07 goes on to require "notice to and hearing of affected property owners" befiore any vacation can occur, which suggests a separate requirement from the generally more extensive notice and hearing requirements under the City's ordinance procedures. More interesting, as 1� have noted, is the provision allowing for "such procedure as the Council may by ordinance prescribe." This latter language is sufficiently broad ir, scope, in my judgment, for the Counci! to establish, : by general ordinance, something of an alternative procedure to the standard ordinanee review and passage. This authority is neither a moot nor academic point, since it is also my current view, pending additional research, that the City's practice concerning vacations of this sort, as well as any Charter provision requiring that it. be done by ordinance, may themselves be in conflict with the requirements of State iaw. � . Minnesota Statutes Section 412.851 is instructive on this point. � That provision - which, when �' passed, was applicabfe �to all cities, although'. it is now codified in� the .section ofi:�statutes � pertaining to statutory, as opposed to home �rule charter, cities, provides, in pertinent part: � VACATION OF STREETS. � ' The counci! may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, afley, public grounds, public way, or part thereof to be vacated. Where thsre has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so'after a hearing preceded by two weeks' published notice. The council shall cause writien notice of the hearing to iie mailed to each property owner affected by the" proposed vacation at least ten days before the hearing.... After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county . auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with �he county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings., (Emphasis added). . _ I Ms. Barb Dacy June 5, 1996 Page Th ree The fairly detailed provisions for vacations outlined in the statute plainly contemplate the use of resolutions as the means of vacating streets and other easements, and provide for the procedures by which county officials are to deal with the enacted resolutions in order to effect the necessary recorded notice. There is no other general procedure offered in the statute to cities to deal with a11 kinds of vacations. One other provision, Minnesota Statutes Section 440.135, deals specifically with vacations of streets in Home Rule Charter Cities of the Third Class. While its current applicability to Fridley is arguable (Fridley is now, technically, a City of the Second Class under the old classification .� system, but was, as I understand it, a City. of the Third Class when the Charter provision : � involved here was enacted), it nevertheless � provides addition�al guidance and, perhaps, � . authority on vacations of streeis in home ru(e charfer cities. In pertinent part, it provides :�. VACATING STREETS, HOME RULE CHARTER CfTY OF THE TH1RD CLASS ` .- Subd. 2. Council may vacate; conditions. In addition to any other method provided by law, the council of such city, upon the presentation and #iling of a verified petition signed by or on behalf of any owner, natural or corporate, of any real estate abutting thereon, may vacate any street or segment of street or any portion of the width thereof within its geographical limits, provided only that the street, segment, or portion thereofi so vacated pursuant to such petition shall not be longer than the distance intervening between any two adjacent intersecting streets..... � Subd. 3. Certifisd copy of resolution to be filed. Such action of such council may be taken at any regular or special meeting duly called for such purpose and sh�l be � resolution, and a copy of the reso�lution duly certified tiy the city clerk shall be � recorded in the office of the county recorder in the county where such city is located before the action shall be effective. � This provision, although it only applies to streets in cities of the first class, is equally clear in its statement of what ;would have to be eonsidered the standard statutory requirement for these actions: action by resolution, effective when filed with the county. Ms. Barb Dacy June 5, 1996 Page Four It is my opinion that these statutory provisions represent at least a possible conflict of authority with the requirement of #he Fridley City Charter that such actions be undertaken by ordinance and ordinance-related procedures. Where such conflicts between a city charter and a general �statutory provision occur, the general rule is� that the terms the Minnesota statutory provision would apply. � ln this instance,� it would mean thaf the provisions requiring passage of a resolution to efifect a vacation, together with the state-mandated procedural requirements (notice, hearirig ar�d filing) for that action woulu supersede those of the Charter. � A usual professional caveat is in order here: to date, no express authority has arisen that we have found interpreting these kinds of conflicts under Minnesota law in a manner either consistent or inconsistent with this opinion. My analysis, under general rules nf � statutory interpretation; garners no. assurance that a court would determine in the same manner. - .: Similarly, #urther review of this might give.rise to a-decision by the City to seek an opinion of the :.. attorney general in this matter, �although, if.the. City, requests the opinion of ine by resolution; it :. may rely on it �in good faith in� tiie event of subsequent conflict concerning� actions taken in '. reliance on the opinion: � . � - Nevertheless, I believe the� City has two reasonable alternatives available to it, to address the . � concerns I have raised. First, the City can actively explore its options under the "procedure" langu�ge of the Charter to provide for an alternative to the ordinance requirement. Second, and the better option, would be for the City to resolve the conflict by clarifying its Charter language, deleting the word"ordinance" in Section 12.07 and substituting the word "resolution." That simple .amendment would eliminate the conflic# and obviate the need for imaginative interpretation of the current language to avoid the conflict. I hope this letter�c(arifies for you the hasis for my concerns and for my opinion as to the need io �.. esta6lish modest changes in the procedures currently in effect in the City for easement �� vacations. � Please do not hesitate to contact me at your convenience if I, can be of any . ,.' _. �: additional assistance to you in this matter. � � _ SincerEly, � �� Frederic W. Knaak Fridiey City Attorney cc: W. Burns z�u � Co�� a property owner or developer to prevent wind or water� erosion. % (2) The City may review any development plan to ensure tHat erosion and sedimentation shall be effectively controlle3. E. Water Pollution. �f'' The discharge of raw sewage,.industrial wastes or othe� pollutants into the waterways or lakes of the City shall be subject to the regulations of the Minnesota Pollution Control A�ency. M� . F. Solid Waste. ,s �'. �' Sanitary landfills shall be prohibited. `� 8. FIRE PROTECTION REQUZREMENTS .`� 1. Sprinkler systems shall be required,�in all buildings hereinafter -erected, constructed or altered� and �which the single floor area exceeds 10,000 square feet and the� floor area of multi-storied buildings exceeds 20,000 square,,f`feet in the following zoning districts: C-1 Local Business,�fC-2 General Business, C-3 General Shopping, CR-1 General Office; M-1 Light Industtial, M-2 Heavy Industrial, S-2 Redevelopment,�and PUD Districts. � 2. Sprinkler systems shall�be required in buildings with a gross area less than 10,000 square feet if a minimum of 20 square feet of opening above grade for each � lineal feet of wall on at least one side of the stru�ture is not� rovided. 3. Sprinkler sysriems shall be required in every building hereinafter erected, constr �ted or altered and which the aggregate floor area exceeds 8,500�quare feet� and said building is located in an R-3 - Dist_rict. , 4. All buildings constructed of Type I or II F.R. as defined by the Uniform�Building Code may increase the floor area by 300 gercent. S. All sprinkler systems required by this Chapter shall be co structed in accordance with the NFPA Std. #13 entitled, "Sprinkler $ stems". 205.05. ADMINISTRATION AND ENFORCEMLNT 1: ZONING ADMINISTRATOR The Zoning Administrator as designated by the City Manager shall provide for: A. The maintaining of permanent and current records of this Chapter including all map amendments, conditional uses, variances, appeals and applications hereto. B_ The receiving, filing and fozwarding of all applications for amendments� variances, special uses or other matters to the' appropriate Commissions and City Council. ADMINISTRA- TION AND ENFORCEHENT 10/90 205-20 � C f%ii4.. �,�'' 205.05.03. C. The issuance of all permits and certificates required by this Chapter. D. The inspection and.examination of all buildings and land, and the issuance of written orders required in remedying any conditions which are found to be in violation of this Chapter_ E. A liaison to the Planning Commission and its member Commissions. F. The enforcement of the decisions of the City Council pertaining to this Chapter. ,�� ,C�ON �,.�u� � ��VQ� 2. ANNERATION . Areas hereinafter annexed to the City of Fridley shall be considered to be in R-1 Districts, and may be changed wholly or partly to any other District or Districts only by an amendment or amendments as provided for herein except where a different zoning classification is established by and under any ordinance for the annexation of the affected lands. i.lithin ninety (90) days after the effective date of any annexation, the City Council shall cause necessary studies to be made for the determination of the need if any, for any change in Che zoning classification. • 3. AMENDMENT TO THE ZONING ORDINANCE The Council, by a four-fifths.(4/Sths) vote. may adopt �mendments to . this Chapter as re�uired. The procedure sha3.i be as follows: r � , \ A. Initiation For Amendment. (1) Any person owning rea3 estate may petition''the City ' : Council to amend the district boundaries so as to affect the real estate. (2) The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Chapter. B. Application For Amendment. All petitions for amendments shall be filed with the City on farms provided by the City together with such filing fee as may be established by the City Council. • C. Referral To The.Planning Commission. All petitions for amendments shall be referred to the Planning Commiss" which shall hold an official public hearing within sixty (60) days of the date of filing such petition. �� D. Hearing. A notice of hearing shail be published in the official newspaper �� at least ten'{'�10) days. but not more than thirty (30) days, prior ��!,,� to the date of the hearing. 10/90 205-21 E. Action By The Planning Coffinission. (1) If the request is for district change, notices shall be mailed not less than ten (10) d.ays nor more than thirty (30) days prior to the hearing to alI owners of property within 350 feet of the parcel of land included in the request, Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter_ (2) The Planning Commission shall make its recommendation to the City Council within sixty (60) days of the day of public hearing or within sixty (60) days of any continuance of such matter granted at the applicant's written request. F. Action By The City Council. LU�.U),V4. � WIEIu� ia 2e�11�E i�c�tiil,-( C1�-� -i7�'S1�- 1'F "t�b� (1) The City Council may not act on an amendment without the �NA�� recommendation of the Planning Co�ission or until sixty (60) days have elapsed after said proposed amendment has been heard by the.Planning Commission. (2) All petitions for amendments shall be forwarded to the City Council from the Planning Commission. The Citv Council "��'r�' �hall hold an official �ub i� 1,Pfl.-; � 8nd f�ollow the process for approval of an ordinance as required under the Fridley City Charter. (3) If the request is for a district change, notices shall be mailed not less than ten (10) days aor more than thirty (3G) days prior to •the hearing to ali owners of progerty �D��.� within 350 feet of the parcel .of land included in the request, r. Failure of a property owner to receive notice shall not invalidate any such proceedings as `set forth within this Chapter. - 4. SPECIAL USE PERMIT A. Purpose. The purpose of this Section is to provide the City of Fridley with a reasonable degree of discretion in.determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adj oining land or buildings � the effect upon traffic into and from the premises or on any adjoining roads� and all such other factors as the City sha21 reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording� the terms Special Use'Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462.3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and 10/90 205-22 \ . i i,',• shall be accompanied by a site plan or other documentation as required by the City. � � C. Referral To The Planning Commission. �� } C::,; � The application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning mmission shall hold an official public hearing within sixty 0) days of the date of filing such petition_ �}i-�NirE 'ji7 � D. Hearing. A notice of public hearing shall be published in the official newspaper at )_east ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. 205.05.04. 0 (1) Notices shall be mailed to all owners of property within . � 200 feet of the parcel included in the request not less than ten (10) days nor more than thirty (30j d�ys prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. . (2) The Commission shall make its recommendation to the City ��,(�'� '�,: �j��' Council within sixty (60) days of the date of hearing of the ��.��.�� petition to the Planning Commission or within sixty (50) days ..,�� f�,�� of any continuance of such matter granted at tiie applicant's written request. : F. Council Action. (1) Approval: In considering applications for Special Use Permits under this Code, the City Council shall consider the advice and recommendations of the Pianning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions and the effect on values of property in the surrounding area. If it is determined that the proposed use will not be detrimental to the health, safety or general welfare of the community. nor will cause serious traffic congestion nor hazard, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of the Zoning Code, the City Council may grant such permit and may impose conditions and safeguards therein by a favorable vote of a majority of all members of the Council. (2) Agreement: The City Council may require a written agreement, deposit of certified check or funds, a bond or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and shall be considered a violation of this Chapter. 1 ��c�-� w � t�1J�l• l�7 � r��tvE '?�t�l Ot� IO/90 205-23 (3) Denial: Special Use Permits may be denied by motion of the Council and such motion shall constitute that conditions required for approval do not exist. No application for a Special Use Permit which has been denied wholly or in part, shall be resubmitted for a period of six (6) months from the date of said order of d2nial, except on new ground or new evidence or proof of changes of conditions found to be valid by the Planning Commission_ G. Lapse Of A Special Use Permit By Non-Use. Whenever within one (1) year after granting a Special Use Permit, the recipient of the Special Use Permit shall not have commenced the work as required by the permit, then such permit shall become null and void unless a petition for an extension of time in which to complete the work is granted, Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work. Such petition shall be presented to the City Council for final action. s . vaxzar�cES �o Cµ�N� A. Appeals Commission. The City Council created an Appeals Commission to serve as the board of appeals and adjustment, and to eicercise all the suthority and perform .all functions of said board pursuant to Minnesota , � , Statute Sections 4b2.351 to 462.36 4 and operate according to the Fridley City Code. • ,.- �. B. Petition By Owner_ (1) Appeals from Decisions on Code Enforcement: At any time within thirty (30) days, any property owner who feels aggrieved by an alleged error in any order, requirement� decision or determination made by an administrative officer in the enforcement of this Chapter which affects the'owner's property, may appeal to the Appeals Commission by filing a written appeal with the City. The appeal shall fully state the order appealed fxom, the facts of the matter and the mailing address of the owner. (2)� Request for Variances from.Zoning Chapter Provisions: A property owner may appeal the strict application of the provisions of this Chapter where there are practical difficulties or particular hardships preventing the strict application of the regulations of this Chapter. An application for a variance shall be filed with the City and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. C. Recommendations By Appea3s Commission. Within thirty (30) days after filing an sppeal from an administrative order or determination, or request for varisnce r`' from City Code provisions the Appeals Commission shall hold a '_ 10/90 205-24 r,, public hearing thereon and shall hear such persons as want to be heard. Notice of such hearing shall be mailed not less than ten (10} days before the date of hearing to the person or persons who file the appeals, and to all adjacent property owners within a 200 foot distance of the requested variance location. Within a reasonable time, after the hearing. the Appesls Commission shall make its reco�endations or approvals subject to conflitions of the Fridley City Code and forward a copy of such recommendation or approval to the City Council through the Planning Commission. D. Variances In R-1 Zoning. (1) Tn areas zoned R-1 (One Family Ilwelling District), the Appeals Commission has the suthority to grant final approval of variances when all of the following conditions are met: (a) There is unanimous agreement of the Appeals Commission. (b) The staff concurs with the recommendations of the Appeals Commission. (c) The general public attending the meeting or responding to the notice of public �earing have no objection. (d) The petitioner is in agreement with the recommendation. .+ (2) When the above conditions are not met, the variance ��: request must be reviewed by.the Planning Commission with final approval by the City Council. E. Record Of Action Taken. 'The Appeals Commission shall provide for a written record of its proceedings which shall include the minutes of its meeting, its findings and the recommendation or approval of each matter heard by it. The finding of fact shall contain the following: (1) The public policy which is served by requirement. (2) The practical difficulties or unique circumstance of the property that cause undue hardship in the strict application of the requirement. (3) In recommending or approving a variance. the Commission and/or Council may impose conditions to ensure compliance and to protect adjacent properties. F. Action By The City Council. The Council shall at its next regular meeting� after receiving the recommendation of the Appeals Commission, with a policy review by the Planning Commission, decide on the action to be taken. �, I�` � 205.05.05 i0/90 205-25 205.05.06. G. Lapse Of Variance By Non-use_ If work as permitted by a variance is not commenced within one year and completed within two years after granting of a variance, � then the variance shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to complete the work permztted in the variance. Such petition shall be pzesented to the appropr'ate body for rev ew and/or decision. l�. �i��1�s'to�.i5 �iJ�W ��.TtO�l� ''l �i BIIILDING PERHITS A. No construction shall commence until a building permit has been issued indicating that the existing or proposed structure snd the use of the land, comply with this Chapter and all building - codes. - (1) All applications for building permits which will affect the.outside dimensions of a structure, shall be accompanied by three (3) copies of a site plan. _ (2) If the site consists of land not a part of a subdivision or land.composed of partial lots. the site plan shall be . attached to a survey or a registered land survey showing the actual dimensions.of the lot, lots or parcel to be built �xpon. •The site plan shali also shew dimensions of existing and or . proposed structures to be erected ar structuraliy altered, their location on the site in relation to the outside C.' boundary� the required off-street parking plan� proposed and existing grades, which indicate drainage considerations,- and '`.� such other information as may be necessary to provide for the ' enforcement of these regulations. (3) Site plans submitted for aIl uses except one and two family dwellings shall contain lighting and landscape plans, and all site improvements are to be bonded at the rate of one and one-half (1-1/2) times their estimated cost, guaranteed by cash, letter of credit or bond to the City based on the City's disczetion. • (4) The Council may waive the bond requirement, but a performance agreement would then be required from the land owner, requiring the work to be done within a reasonable time, to be fixed in the agreement, and if such improvements are not completed within the time specified� the City may construct or complete such improvements and assess the cost against the owner. B. No building permit will be issued unless sufficient construction plans or written description of construction, grading, excavating and filling as required by the City to assure reasonable structural safety and adequacy of building and finished grades for the proposed use have been submitted and approved. (�?�''`. IO/90 205-26 � � �va�ci�csto� �o�E 211.oa. a contiguous develognent and conveyance will not result in violation of (1�apter 205 of the City C.oc3e, or B. Was the subject of a written agreement to convey e,�,�ered into prior to April 21, 1961, or �� C. Was a segarate p3rc�e1 of not less than two and,vne-half (2 1/2) acres i.n area and 150 feet in width on Janua�,r.�+"` l, 1966, or D-. Was a separate parcel of not less than fFi�re {5) acres in area and 300 feet in width on July 1, � 1980, for _ � 5{�� E. Is a sin le rcel of conrnerci a 1 or in c 3us tria 1 lan d o f n o t .� C�'-. �`� �� b Iess t 1-�an f ive (� acres and havi n g a width of not less than 30�D �•� ��`� ��,� �� feet and its conveyance ci�es not resu3t in the division of the � r�r�-" ��` � parc�l into two (2) or more lots or`'paroels, any one of which is �,��`�� less than five (5) acres in area-sfor 300 feet in width, or F. Is a single paroel of resi ntial or agricultural`land of not less than 20 acres and,,having a width of not less than 500 feet and its corrveyance,dees not zesult in the division of the parcel into two (2) or.�more lots or paroels, arly one of which is less than 20 acres �ri area or 500 feet in widt�. 2. `In aryy case in w,,�i'�ch axnpliance with the foregoing restrictions will create an uru�oessary hardship and failure to comply does not interfere with t�fe purpose of this Chaptez, the City Council may waive such c.«�r p�liance by adoption of a resolution to that effect and the convey Ee may then be fil�d or recor3ed. Any avr�r or agent -of �� the a�ner of land who o�r�veys a lot or parcel ih violation of the � prwis' ns of this subdivision shall fotfeit and pay to the City :a pe of not less than $100 for each lot or parcel so conveyed. ,� � City may enjoin such conveyance or may Yecover.;such penalty by a: .. �actiQn in ar�y oourt of campetent jurisdiction. � 211.04. SZT9DIVLS�Q�LS Hereafter all subdivisions of land as defined herein, mac3e within 'the City of F`ridley� shall be subject to and shall conform to these regulations and other applicable law and shall,conform to the land : use plan, the major thoroughfare plan, the official �p, the Zoning Chapter and other City plans, ordinances, chapters and regulations. 1. Lot �lit. , Any existing lot, g3roel or tract of land may be�subdivided i.nto two (2) or more parcels by means of a"lot split" when each parcel within the subdivision can be described�as a..simple fractional part. of.: an existing City� approved; plat, .Auditor' s..Subdivision, ,or Registered Land-Survey. A subdivision of land which cannot be described as a simple fractional part of a,larger parcel {i.e. requires a complex description which involves the use of angles and degtees as found in descriptions commonly known as "metes and bo�ds') caruiot be subdivi3ed by a lot split and shall be platted. In add.ition, all subdivisions which create f've (S) or more lot z r s which are 2 1/2 acres or less ir.�size sh e latted. When �.�;,._�:<�, a request for a lot sp lt is s �i e to the City on City orms, �' the City shall within twenty-four {24) hours respond to the �a:� �__ �.� � 211-3 application on a"Certification of Status' form. � Application Application for a lot split shall be made on forms furnished by the City and shall incluc3e a sketch shvwing: (1) scale and north arrow; (2) dimensions of the property; (3) riames and locations of adjaoent streets; (4) location of any existing structure; and, (S) any other information as may be necessary to determine if the lot split meets the intent and requir�nents of this �apter. B. Review (1) The proposed lot spiit shall be informally heard by the Planning Commission. After considering such things as adjacent land use, traffic patterns, zoning regulations, f uture development, plans for parks, bikeway-walkway s, street extensions and.other criteria de�ned pertinent, the Planniag Commission shall recommend to the City Council either approval, with or without stipulation, or disappraval. , C. (2) After review and recommendation Commission, the application for lot informally heard by the City Council.. shall approve or disapprwe the request f sixty t60) days. Suzvey and Resol�tion If appraved, the applicant shall then have�the land involved in the lot split s.urveyed. Upon receipk of the requirea Surv�yor's Certificate, the Co�mcil shall pass a resolution approving the lot split. Zf there are any discrepancies in the boundaries of the existing land, a copy of the survey shall be filed with the Anoka Cotmty Surveyor's offioe. by the Planning split shall.-be The City Coun`cil or lot split within D. Certification an� Recordi.ng 211.04. l �- - �µe�D -ra ov�ri.t� �t.��5 -��l �l.ET�� 141U�t�j '7a lt�� t!/l'[� ��N �� ,Q,E[,�tV�S �• l._ � ��iD 'ro �Q� � t.E /4��'� Sc��SStoN �E��Ey�.lE7lT�5 (1) After final.approval, a certified•copy of the resolution apprwing the lot split and a"Certificate of ::Status"_.fonn.shall,.be._attached to i-he_ noti�e_ of._apprqval and � fonaarded to _the applicant. ihe lot split, together with a certified copy of;the resolution and "Certif ication of Status" form, shall thereafter be recorc3ed aanon9 the records of the Co�ty within one hundred eighty (180) days after the date of the zesolution, �mless a longer period of time is granted and p�cavidea for recording at the time of appzaval. (2) A lot split r�ot recoz8ed within a period of one hundred - eighty (180) days or the ap�xaved extension time, is deened to be one that is not appZOVed and such lot split is not enti tled to be recorc�ed; and the same shall not thereaf ter be recorded except and unless it is presented to the Planning Ccnmission and Coiu�cil anc3 re-apprwed. � <:�., �. t' 1 211-4 � £. Division of Taxes. Any lot, garcel, or tract of land that is less than a whole paroel of land as charged in the tax lists must receive City Council appraval before there is a division of taxes, F. Appraval of Co�mcil. Whenever any lot split is to be made, such subdivision can be made Without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; Yhat it d�es not result in the creation of arYy paroel (within or without the subdivision) of a size in area or frontage which is less than is required far purposes of construction of a building on such paroe� under the zoning laws and building regulations of the City; and that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a plat. (Ref. 207) 2. Plat and Registered I� Survey Prooess. . A. Soope 211.04. �ware� W� �� All subdivisions as defined in Section 211.02.10 shall be platted unless each p�rcel within the subdivision can be � described as a simple fractional part of an existing City- ��:1�� approved Plat, Auditor's Subdivision, or Registered Land Survey. ' � A si.�le description shall not involve the use of .angles and degrees as fo�md in descriptions commonly known as "metes and bounds". A].l subdivisions which creatQ five (5) or more lots or .- paroels hich are 2 1/2 acresor less in size shall be platted. m+t. �4� � OF �.� Z" i Ge3�e�J��' �-t'�T1 �1�. (1) A subdivider shail prepare a preliminary plat of a • subdivision before preparing a final plat. The subdivi�er shall surmit the �xeliminary plat: together with all requirec7 acooang3nying material to the Planning Commission and shall obtain the tentative appraval of the Cor;�nissian. • -(2) The subdivider- shall then .prepare a fir�al plat together with all required acoom�xinying materials and sutxnit them to the Coimcil for appraval. ZY�e subdivic3er shall then obtain agproval of the Council and by any othet agencies and officials whose approval is required by law and shall be duly recorc7ed. (3) No conveyance. of any lot or parcel of land in a subdivision shall be iawfnluntil f inal approval and recording have occurred. In addition, no permit to erect, alter or repair any building shall be issued until such appraval and recording. (Ref. 75j. . C. Steps � {1) Preliminary Plat R�uirenes�ts A prel�m;na �, plat shail be clearly and legibly drawn on a ! 211-5 211.04. high quality reproduceable and all copies thereof shall be clear and legible. It shall be of such scale as to show clearly all c3etails thereof. A preliminary plat together � ' with such ac�nying documents shall show the followui9; � � ��+ (a) Tl�e bo�mdary lines and dimeJ►sions of the land to ` � be s�bdivided and the locations of section oorners and �• �r�`� of existir2g subaivisions, streets (and street widths) - t !�. '� t� - and unsubaivided paroels (and awnerships) adjoining the \ . tL� pLOposed subdivision, bet�aeen it and nearest existing . �� 6treet or for such distance beyorx� as may be reQuired• (b) The proposed general layout, including all proposed streets, alleys, crosswalks through blocks, street widths and proposed names, approximate dimensions of blocks and lots, tentative lot and block n�anbering and approximate radii of all curves. (c� The existing and proposed easements and • right of-ways for drainage, sewerage, utilities, railroad lines, streets. alleys, bikeways, Walkways, and ariy other areas proposed to be aedicated for Public • purposes and of any reservations and their pucposes. (d) Zrie carrect location and designation of all wet lands and water channels, water areas. c3raina9e oourses, and ditches, and iridication of all areas which, bef or e' dr,ainage improvement, are subject to inun8ation or . � � storm water overflow, with proposed dra�inage . - improvenent of such areas and of swa�nps, drainage � �, courses and tiitches. � . (e) A statement giving the intended excavating, grading and filling of land within the proposed ,.• : subdivision and the� iiitendea renwal� or destruction of existing trees and other natural ground caver, sufficient to meet the requirements of the City in cZetermining whether a lana alteration permit could be issued in accordanoe with the City C�x3e. �f) Anj, required data and materials not practically shown on the preliminary plat shall be submitted on separate sheets, to acoo�m�any the plat. (2) ApPlication . (a) The subdivi8er shall submit a tracing and three (3) dark line prints of the prelimiJ�arY plat and three (3) copies of c3ocuments accompanying the plat to the- City. The City shall determine whether or not the submitted materials are satisfactory as a preliminary � plat. (b) When land to be subdivided abuts a state trunk highway, ane (1) additional copy shall be required and sha11 be sutrnitted to the State Highway Crnnmissioner with the request that such Commissioner's recommendations, if any, should be received wi�hin .� fourteen {14) days after the date submitted, for (�'�� J 211-6 _� - �f.:. J�,�. consideration by the Planning Caiunission acting on the plat. (3) Action on Preluninary Plat by Planning Carmiission (a) The Plannirig Caranission will meet to consider the plat and proposed im�rovements by the subdivider and the time and method of installation of improvements. (R,ef. 75) ' (b) Not less than ten (10) days before the date of a meeting of �he Planna.ng Corunission, for consideration of a preliminary plat, the City shall do the follawing: ((1)) Notify by United States mail the subdivider and the property owners of the property within . three hundred (300) feet adjoining the land within the plat of the time and place of such hearing. ((2)j Publish notice of such hearing in the . official City newspaper. � (c) At such meeeting, all persons interested shall be given an opportuu�ity to make present�tions. {4) Preiiminary Review (a) �e Planning Commission sha11 take action on a subdivision application within 120 days following delivery af an application campleted in �ompliance with the requir�rients set forth iri this Chapter, unless an extention of the review period has been agreed to by the applicant. Action by the Planning Caimtission sha11 be tentative approval, disapproval or conditional approval� of the preliminary plat, the last being tentative approval conditioned npon certain modifications as specified. After the Planning Ca�anission's review of the preliminary plat, it shall be rec�nended to the Council for final action. (b) If the Planning Ca�anission fails to preliminariTy apprave or disapprove an application within 120 days after it has been submitted, unless an.extension of time is arranged with the consent of the subdivider, the application shall be dee�ec3 preliminarily approved and upon d�nand the City shall execute a certificate to that effect. In this event, �he City shall advise the subdivider of any and all recommenc3ations as are reasonable and are o�nsistent with these regulations or with ari applicabie plan in campleting the survey of the subc3ivision and making the final plat thereof. (Ref. 75) (5) Final Plat Application Follawing preliminary review of the Pianning Commission, the applicant appraval by the City. (a) Requiranents 211.04. ! tu'� CJ�t�E''�6s,c tr � ��6 '�G. application by the ��-��E may request final �tt�iki-�'r ��'.o+��- 211-7 �e final plat shall oonform to the preliminary plat as tentatively approved or conditionally approved, including any required modifica tians and to the requiranPnts herein and arry additional require�nents of law. When there is more than one sheet, an index sheet shall be attached showing the entire subdivision, includ.ing boundary and streets, at an appropriate scale and indicating the separate sheets of the f inal plat and the sheet n�mi}.�er of each. (b) Sutmitting Final Plat �he subdivider shall within six (6) months after the date of the Planning Commission's review of the preliminary plat, subnit the fir�al plat together with all required accompanying documents to the City. If not filed within the designated six-month� period, �m.less this period is .extended by Council � the action of Planning Ca�nission on the preliminary plat shall become null and void. Zf required improvements are not installed prior to fi1 ing, a cash deposit, oertified check or surety bond insuring later installation or a petition to have the City install same and assess cost against the subdi�iser shall accro�ng�ny the final plat. . - (c) Hearing on Final Plat ��e final plat will be acted upon by the Council af ter holding a public hearing thereon, with published notice in the official City Newspaper at least ten (10) days in advance indicating the time and place thereof.. At such hearirig all persons interested may appear and be heard. (Ref. 75) (d) Action on Final Plat ZYie Camcil shall apprave or disapprave the f inal plat. within sixty (b0) days after receiving the final plat. Before the Council approves the final plat, the plat shall oamply with all conditions and requir�nents of this (�apter and all oonditions and requirements upon which preliminary approval is expressly conditioned either through perf ormance or the execution of appropriate agreenents assuring performance. If a plat is disap�xavec] by the City, no application for the denied subdivision of land may be submitted�for a period of three" (3) months follvwing the c�enial. (e) Failure to Finally Apprave or Disapprwe If the Coimcil fails to certify final approval within sixty (60) days after the application for Final plat has been submitted, and if the applicant has complied with all conditions and requiranents of this Chapter, the application shall be c3eaned finally approved, and upon cie�nand the City shall execute a certificate to 211.04. � T�I� .� � � - - y � �,r,;. �,, `' . � 211-8 � C�+�-r�. 12.09 Section 12.06. SAI,ES OF REAL PROPERTY. No real property of the City shall be sold or disposed of except by ordinance. The proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there be no such outstanding indebtedness, then the Council may by a resolution adopted by an affirmative vote of at least four (4) members of the Council designate some other public use for such proceeds. Section 12.07. VACATION OF STREETS. The Council shali have the exclusive power, by ordinance passed by a vote of at least four (4) members-of the Council, to vacate or discontinue highways, streets,=easements, and alleys within the City. Such vacations may be made only after notice and�hearinq of affected property awners, and upon such,further terms and by suah procedure as the Councii may by ordinanae prescribe. A record.of each such vacation shall be filed in the� office of the Anoka County Recorder. (Ref. Ord. 592) Section 12.08. DAMAGE SUITS. 1. No action shall be maintained against the City on account of any�injur.ies nr damages to persons or property, unless such action shall be commenced within one (1) year from the occurrence�of-such injury or damage, nor.unless.notice.shall have been given in �rriting as required by Minnesota Statutes. (Ref. Ord. 873j 2. .No action shall be maintained-against the City or� account of injuries or damages to persons or property resulting from or caused by any accumulation or deposit of. ice or snow on any public street, sidewalk, building, or place. Section 12.09. RECOVERY OF JUDGEMENT FOR DAMAGES. If any judgement shall be recovered in any action�against the City for any injury or damage caused by any obstruction, excavation, opening or defect in any street or alley or public ground �aused or occasioned by the act or omission of any person or corporation, the City shall have the right to recover the amount of any such judgement from the person or corporation so responsible for such obstruction, excavation, opening or defect; and such person or corporation is hereby declared to be liabie to the City in the amount of such damages, provided, however, the City shall give such person or corporation notice of� any claim for such injury or damage and of any action to recover for the same and shall give such 10/05/89 ��TAl�1�4� �Y o1�pt�;E / � d w U t, d +"C.+ O w 0 d � � 3 � a � 0 -� � � U d bA � CC A 0 � h � � r O _ .-ti ...n .. a, � s ccdi y c`�i � c �� a� � � � �>+ � � � 'j -� � � O � O'y N � O ��03 �o �•>� w ;,��.� .�� .�^�o ^o " �'�° �.� ao°''� �oo� 0 o c; a..� a c� .�' ,c'7� �l'; � 3 y •� y N •� � � � •+�- y G A � �d1 �a� �a3 � z �a 7 0 � � . .a � � �w �.. v-o.� � L x o o � � c�v ,., (,..� %. 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