Loading...
PL SUBCOM 11/19/1974 - 31165f.. . ..A . . . CITY OF FRIDLEY P�',A & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING NOVEMBER 19, 1974 PAGE 1 CALL TO ORDER: Chairman Harris called the meeting to order at 8:10 P.M. ROLL CALL Members Present: Harris, Christensen, French, Forster Members Absent: Meissner Others Present: Darrel Clark, Community Development Adm. APPROVE PLATS & SUBDIVISIONS-STREET & UTILITIES SUBCOMMITTEE MINUTES: OCTOBER 16, 1974 MOTION by French, seconded by Forster, that the Plats & Sub- divisions-Streets & Utilities Subcommittee minutes of the October I6, 1974 meeting be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE LETTER FROM WEAVER, TALLE & HERRI}CK DATED OCTOBER 29, 1974 MOTION b� French, seconded by Forster, that the Plats & Sub� divisions-St�eet5 & Utilities Subcommittee receive the letter�.fram Weaver, Ta11e & Herrick dated October 29, 1974. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Clark said this was just an informational letter. It would be a benefit for anyone who wanted to build on an easement, because a building permit could be issued if the four utility compan- ies had no objection. Mr. Christensen asked if they would need to get a vacation then. Mr. Clark said he thought they should, but construction wouldn't be held up while they were having the Public Hearings, etc. OPEN MEETING LAW Mr. Harris asked Mr. Clark if he could get a letter from the City Attorney on his interpretation of the open meeting law, according to the information from the Attorney General's office. Mr. Clark said he was sure the City Council was going to ask for this, and if they didn't, the City Manager would. He said he did call the County Attorney and he said that for a meeting to be official, a notice could be put on some type of a bulletin boa�d l,ocated in the hall at City Hall, listing the meetings that would be coming up. Another alternative would be to have a copy of the City cale�dar published each month in the paper, listing all the meetings on this calendar. Either one of these alternatives would meet the requirements of the open meeting law. Mr. Harris said what he was thinking about, and wanted the Attorney General's opinion �an, was the discussion between two City �� : J Plats & Subs.-Str. & Util. Sub. Meeting-November 19, 1974 Page 2 officials,_the so�ealled coffee shop decision. Mr. Harris said he would like some guidance either from the City Attorney or the City Council. l. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #74-07, REAL ESTATE 10 ADDITION, FRANCIS J. GIRDLER: A replat of Lot 5, except that part thereof lying West of the Northeasterly right of way line of the outer drive of State Trunk Highway #65, and except that part thereof lying East of a line drawn from a point in the North line of said Lot 5, distant 1505.96 feet West from the Northeast corner thereof, to a point in the South line of said Lot 5, distant 1393.62 feet West from the South- east corner thereof, Auditor's Subdivision No. 25, generally located on the Northwest quadrant of Interstate 694 and Highway 65 N.E., the same being 951 Hillwind Road N.E. Mr. Girdler was present. Mr. Clark said this property was rezoned from R-3 (general multiple family dwellings) to CR-1 (general office and limited business) about three years ago. One of the stipulations of the rezoning was that the groperty would have to be platted before a building permit could be issue�., because of the lengthy legal description. He said that to develop this property, they would have to obtain an easement from the east boundary of this plat to have access to the manhole in Polk Street. Mr. Clark said he v.:ould let Mr. Girdler explain why he didn't have this easement. Mr. Girdler said he had this property rezoned so they could build their own office building on this site, but the owner of the property from whom they have to obtain this easement from has said that there was no reason to give them this easement. Mr. G��c�1er said Mr. Gearman, who owns this property, had been against the rezoning. Mr. Clark said he would like to encourage Mr. Girdler to try again to get this easement, because if the City had to get this easement through condemnation, there were going to be a lot of costs involved. The legal fee� and court costs would probably be about $1,000, plus the cost of the sewer service to this plat. He felt that even if Mr. Girdler had to pay Mr. Gearman for this easement, it would be the c�teaper way to go in the long run. Mr. Harris asked what this easement was needed for? Mr. Clark said it was to provide sewei*-service to this plat. The water is in on the service drive. Mr. French asked if there wasn't sewer service in the service drive also. Mr. Clark said there wasn't. Mr. French said it would seem that Mr. Girdler had no alternative but to try and obtain the easement from Mr. Gearman. Mr. Girdler asked Mr. Clark that if there was no way for him to get this easement from Mr. Gearman, would the City get it for him. Mr. Cl��k said they would, but this should be the last resort. Plats & Subs -Str & Util Sub Meeting - November 19, 1974 Page 3 Mr. Clark said the staff had no other input on this plat, except the obtaining of the sewer easement, because this was a logical plat that followed the existing zoning and ownership lines. Mr. Harris asked about any drainage problems on the plat. Mr. Girdler said there were no problems because this was the highest piece of property in the area. Mr. Clark said the platting ordinance stated that the pe�itioner i must obtain the easements necessary to complete his plat, but Mr. i Girdler has stated that he has been unable to obtain this easement ' for the sanitary storm sewer. Mr. Harris asked Mr. Girdler if there would be any excessive ' cuts or fills on the plat. Mr. Girdler said there would be some excess fill, but it could be used in the area. Mr. Christensen asked what was going to be done with the east end of Lot 5? Mr. Clark said that this will be platted some time. We did have a plat for Lots 3, 4, 5, 6, 7 and 8, about 10 years a�o, called Terry's Addition, but this was never recorded. He said that at some time in the future, Polk Street will be extended Sauth and bend over and join up with Fillmore Street. There would be another street put in when this property was platted. Mr. Harris asked if the City would need an easement from this plat when Polk Street was extended? Mr. Clark said they wouldn't need one from this plat. If this plat had access to Polk Street, they wouldn't need the sewer easement. Mr. Harris asked about the vegetation on this plat. Mr. Clark said that when a building permit is requested on this property, it �' would have to go to Building Standards, and the landscaping would be taken care af at that time. MOTION by Christensen, seconded by French, that the Plats & 5ubdivisions-Streets & Utilities 5ubcommittee recommend to the Planning Commission approval of a preliminary plat, P.5. #74-07, Real Estate 10 1st Addition, hy Francis J. Girdler, a replat of Lot 5, except that part thereof Iying West of the NortheasterZy right of way line of the outer drive of State Trunk Highway #65, and except that part thereof lying east of a Zine drawn from a point in the North line of said Lot 5, distant 1505.96 feet west of the Northeast corner thereof, to a point in the south line of said Lot 5, distance 1393.62 feet west from the Southeast corner thereof, Auditor's Subdivision No. 25, generally located on the Northwest quadrant of Interstate 694 and Highway 65 N.E., the same being 951 Hillwind Road N.E., with the stipulation that the problems with the easement for the sanitary sewer he resolved. , Mr. Clark said he knew that Mr. Harold Olson, Mr. Girdler's consulting engineer has also tried to negotiate for this easement and didn't get any where either. Mr. Girdler said that evidently Mr. Gearman had planned on buying this property from Mr. Sheridan and using it under the R-3 zoning. He was upset because we bought this property and rezoned it. Plats & Subs.- Streets & Utilities Sub. �eeting - Nov. 19, 1974 Page 4 Mr. Girdler said he told Mr. Gearman at the time that this property had been for sale for some time, and he could have purchased it before we did. We had it rezoned so we could have our office building on this property, which we still might do, �nless someone needs this property to develop the entire area. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. 2. REQUEST FOR A LOT SPLIT. L.S. #74-16, GORDON R. PETERSON: Split off the Northerly 25 feet of Lot 25 and add it to Lot 26, Block 16, Plymouth Addition, to make a 65 foot building site, the same being 4565 3rd Street N.E. ' Mr. Gordon Peterson was present. Mr. Clark said he would like to make one addition to the lot split request, and that was that Lot 6 be split along with Lot 25 so the lot �pll� is carried back to the highway right of way line. He said there are power poles along the back property line, and there was some controv�rsy as to whether an easement has been granted, so he thought we should ask for a 12 foot drainage and utility easement where the existing power poles are located. Mr. Clark asked Mr. Peterson if he knew where these poles were located on his property. Mr. Peterson said he thought they were behi�d the garage, and are just a few feet from the freeway fence. Mr. Harris asked about the alley shown on the survey. Mr. Clark said this al�ey had been vacated a long time ago. Mr. Clark said the only code requirement that this �esulting lot doesn't meet is the front footage requirement. It is 65 feet instead of 75 feet, but there is no more land available. It exceeds the 9,000 square foot minimum for a residential lot, and the existing garage will be three feet from the new lot line, which is code. He said they should request that the 12 foot drainage and utility easement be on the entire 200 feet of property that Mr. Peterson owns. These are five 40 foot lots. Mr. Christensen said the petitioner could do the same thing with the South end of his property. He could have another 65 foot lot and the lot his home is located on would be 70 feet. Mr. Clark said that Mr.�.�Peterson has an existing garage south of his present home, so these lots cauldn't be splifi. MOTION by French, seconded b� Christensen, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of the request for a lot split, L.S. #74- 16, by Gordon �, Peterson, to split off the N4rtherly 25 feet of Lots 23 and 6, and add it to Lot 26 and Lot 5, to make a 65 foot building site that extends back to the highway right of way line, subject to the granting of a 12 foot utility and drainage easement on Lots 22 through 26,' where the existing gower poles exist, in Block 16, P1ymQUth Additzon, the same being 4565 3rd Street N.E. Upon a voice vote, a11 voting aye, the motion carried unanimously. Plats & Subs.-Str. &Util. M�eting-November 19, 1974 Page 5 3. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #74-08, BY GEORGE !. WALQUIST: A replat of Lot 1 and Outlot 1`, Block 5, Don's Add on, generally located between Rice Creek Road and 64th Avenue N.E. on Cent�al Avenue N.E. Mr. Goerge Walquist was present. Mr. Clark asked the Subcommittee to look at a new drawing that had been made by the Engineering Department. He said_this area is zoned M-1 (light industrial areas). There are five lots on this plat. This drawing shows the exis�ing sewer and water alignm�.nt:: He said that you will notice that on Lot 5, the lot in the Southwest corner, has the sewer line running almost through the center of this lot. We have indicated on the drawing, the structure that could be built on this lot, a building approximately 44 feet by 100 feet. Mr. French said this was not a proposed structur� at this time then. Mr. Clark said that Mr. Walquist was asking for a building permit, but he has a customer who wants to purchase Lot 5, and wants to build a 3,000 square foot st�ucture, but they have no plans for this building as yet. The drawing shows that there would be room for a 4,400 sguare foot structure, so this exceeds what his client wants at this time.� If this client changed his mind, and didn't purchase this lot, this would show any potential purchaser what size structure he could have on this lot. Mr. Harris asked how deep the existing sewer was? Mr. Clark said he thought it was about 12 feet. Mr. Clark said the administra- tion had talked to Mr. Walquist about the sewer easement they would need along this sewer line, and in addition to this easement, they would need a 20 foot ditch easement along Rice Creek Road, if this hasn't already been granted. Mr. Walquist said this easement was given to the County, but he didn't know if they filed it. Mr.�:Clark said the lots either exceed or are 3/4 acre which is the code requirement for M-1 zoning. There are actually three o�nrners .�nvQlved in this plat. One owner has Lots 2 and 3, another has Lots 4 and 5, and the old Lot 5, which will be Lot 1 on the new plat, already has an existing business and building on the lot, but he joined in requesting this plat also. This old Lot 5 is. l76 feet, and 24 feet more will be added to this lot to make it 200 feet. This is why there is a double line on Lot 2. This owner wants more square footage. Mr. Harris asked Mr. Clark how much easement the City would need for the sewer? Mr. Clark said they have been talking about 30 feet, but he noticed on the drawing that the Engin�aering Department has the building 20 feet from the sewer line. This would have to be verifi,ed with the Engineering Department. Mr. Clark said the area where the easement would be located, could be used for parking and storage. Plats & Subs.- Str. & Util.' Sub.' Meeting -: November 19, 1974 Page 6 Mr. Walquist said the owner of the new Lot 1, is drawing up plans to expand his building. If this expansion was denied by the City, he wouldn't want the additional 24 feet, and this would then be made a part of Lot 2. Mr. Harris said we also need a drainage and utility easement down the back lot lines. Mr. Clark said he was sure there would have to be soil te�ts in this area before any building permits could be issued, because there is a lbt of fill. There could be anything f�om peat, to clay, to sand, concrete, etc. Mr. Walquist said he would want soil tests done also. Mr. French said he thought the easement they wanted v� the sewer line was too large. Mr. Clark said that until the needed easement was verified, the Subcommittee could stipulate that an easement be granted to satisfy the existing sewer line along the western portion of the property. Mr. Clark said that this sewer was put in this area before it was ever platted. Mr. Harris said this sewer line should be located, because the 'as builts' up to 1965 were pretty shoddy. Mr. Clark said this line wouldn't be too difficult to locate because there were :manholes over the line. Mr. Harris said he knew the Planning Commission wouldn't take any action on this plat until it had been surveyed, and there was a preliminary plat. Mr. Walquist said his basic problem was that he has three people involved in the.plat. If the expansion isn't approved for Lot l, this owner will withdraw from the plat, and then there will only be two people involved in the costs, and he wouldn't care to have to pay 2/3 of the costs involved. Mr. Clark said the survey that Mr. Harris is referring to is a boundary survey, shawing the existing sewer!.line locations. Mr. Walquist said he didn't think h� could have this done by December 4th. Mr. Haris said he was sure the Planning Commission wouldn't take any action until this was done. MOTION by French, seconded by Christensen, that the Plats & Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of the preliminary p1at, P.-S. #74-OS, by George. Walquist, a replat of L�t 1 and Outlot 1, Block 5, Don's Addition, generally located between Rice Creek Road and 64th Avenue N.E. on Central Avenue N.E. with the stipulation that the property be surveyed and a preliminary plat drawn up by a surveyor or an engineer, showing a drainage and utility easement on the western boundary of the p1at, a sewer easement for the existing sewer line as requ.ired, and a 30 foot easement for the existing drainage ditch. Upon a voice vote, a11 voting aye, the motion carried unanimously. ADJOURNMENT: MOTION by Christensen, seconded by French, that the meeting be adjorned. Chairman Harris adjorned the meeting at 9:15 P.M. Plats & Subs.-Str. & Util. Sub. Meeting - November 19, 1974 Page 7 Respectfully submitt d, Dorothy Eve on, �ecretary � r 1 F ) ! 'r -- - --- ✓ ��1,! � ,�� � � .� ----- __ _------ �.� �.��� - - ---------� _ , ------ ------- - ------- ' ---- - -_ ._ _ _ _ ----__ _ _- --- - �� / � /9� - - ----- --- - - __ _--------------------_ . -- ---- ----------- _ --- -------- , - - _- ---- — � ' __ __ _ _ _--- -- . -- — - - ----- --- _ --- ----- — ------ --- _ ____-- - ------- � _- - ---- ?-�- _...-- �S✓r"vT"_._-�,.i.r.�-,9���!c,, - - - _------------ , �� �� � / ,� -- __ --- -- ----- �v3o � . - -----_ _ _ _------_ �==�- - - - — _- --- - _--���--� -- _-��_� E -_- _ __ --- _ __ _ __ ___ ____ _ __ _ __ _ ____ _______ _ ______ __ _ __ ___ _____ ____ _____ _ ___ __ _ _ ___ ____._ _____ ___ ____ ______ __� ___ ____ ________ ____ __ ____ _______________________ ____ _____ _ __ _______ __ ____ ___ ___________ _ _____, _ ____ _____ _ ___ ____ _____ _____________ __ __ _ __ _ _ _ __ ________ _ __ __ __ _ _ _ _ _____ _ __ __ _' ________ __ _ ______ �