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SAV 75-02CITY OF FRIDLEY PLATS & SUBDIVISIONS - STREETS & UTILITIES SUBCOMMITTEE MEETING MAY 13, 1975 PAGE 1 CALL TO ORDER: Acting Chairman French called the meeting to order at 7:30 P.M. ROLL CALL: Members Present: French, Forster, Christensen Members Absent: Meissner Others Present:. Darrel Clark, Community Development Administrator APPROVE PLATS & SUBDIVISIONS -STREETS & UTILITIES SUBCOMMITTEE MINUTES: JANUARY 15, 1975 MOTION by Christensen, seconded by Forster, that the Plats & Subdivisions - streets & Utilities Subcommittee minutes of the meeting of January 15, 1975 be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. X,s 5c. 1. CONSIDERATION OF A VACATION REQUEST, SAV #75-02, BY LOREN,SMERUD: Vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., TO al.l.ow the construction of a 24 ft. x 24 ft. addition. Mr. & Mrs. Loren Smerud and Mr. John Archer were all present. Mr. Clark said that both Mr. Smerud and Mr. Archer who share in this vacation are present at this meeting. He said the Mr. Smerud's addition would bring the structure within 8 to 10 feet of the existing right of way. When Mr. Smerud inquired about a building permit for this addition, he was told he had two options. One was to ask for a variance and the other was to petition for a vacation of 46th Avenue. Mr. Smerud felt that as long as he had been maintaining this property anyhow, he might just as well ask for the vaction and then he wouldn't need a variance because he would have plenty of side yard clearance with the vacation. Mr. Clark said that as far as staff recommendation on this, we do have a storm sewer located 10 feet South of the existing center line of 46th Avenue. This would be on the portion that Mr. Archer would get from this vacation. He said the descrip- tion of this easement would be the Northerly 20 feet of the Southerly 30 feet of the vacated street, or if you.want to say the Northerly 20 feet of the Southerly half -of the vacated street, this would be the same thing. The other easement that should be retained was the extension of the existing alley. He said he thought there were power lines in this alley. Mr. French said this would just be a utility easement. Mr. Clark said that outside of these two easements, the staff had no objection to this vacation being granted. Mr. Smerud said that if this request was granted, he thought they could do more with the property, as they were maintaini.ng it now, but they would feel more at ease if the property was theirs. Mr. Archer said he was in favor of the vacation. He said he was also maintaining this property and using it, so it would be better if it belonged to him. He said when he moved into this area, the street right of way was a deep gully. He said they were able to get the City to grade and bring in fill. Mr. Clark said he would be able to use 10 feet of the vacated street and the 20 foot easement could be used •ru.a:db a auus.-qtr. 6 ut11. Sub. Meeting - May 13, 1975 Paqe 2 • as the required sideyard setback. ' Mr. Chrise nsen asked how much money the. property owners had spend in maintaining this property? He said he knew-they*had put in a lot of. time, because this property looked so nice. Mr. Archer said just fertilizer, water and some lilac bushes. Mr. Smerud said that in regard to the alley, she thought the alley was on the west side of the fence for the highway. Mr. Clark said it was. She said the children in the area climb the fence. Mr. Clark said there wasn't any access to the highway for 5 blocks. There was an access at 44th and 49th Avenues. Mr. Clark said they might want to designate a pedestrian crossing at some time, but it would probably be at 47th as this was already a blacktopped area. Mr. Clark said that this vacated street would be added to the property they already own, but he didn't think it would make too much difference in their taxes unless there was new curbing or street improvements that were charged by the front footage of property. Mr. Christensen and Mr. French both mentioned the appearance of the street right of way. They said it looked like a sodded lot, and said the two property owners should be commended. . MOTION by Christensen, -seconded by Forster, that the Plats &'Subdivisions -Streets & Utilities Subcommittee recommend to the Planning Commission approval of the request for a kacation,,.SAV #75-02, by Loren.Smerud, to vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., to allow the construction of a 24 ft. x 24 ft. addition to a residence at 4603 3rd Street N.E. with the following stipulations: I. Retain the storm sewer easement over the Northerly 20 feet of the South half of 46th Avenue N.E. being vacated. 2. Retain a 12 foot utility easement in the extension of the alley between Blocks 9 and 16, Plymouth Addition. UPON a voice vote, all voting aye, the motion carried unanimously.. _ 2. CONSIDERATION OF A VACATION REQUEST: SAV #75-03 MACHINING, INC.. .Vacate the` alley in Block 5, Spring Brook Park Addition, that lies between Ashton Avenue N.E. and the railroad tracks, to allow for an addition that will join two existing buildings at 140 Liberty Street N.E. Mr.-& Mrs. Frank Schaul, co-owner of Machining, Inc., were present. Mr. Clark said that alley was not being driven on, so it didn't have to be retained as an alley. We did send notices to all the property owners in Block 5, Spring Brook Park Addition, and.none of the neighbors are present to object. Mr. Fench said it seemed to him that they were all using the alley as part of their yard or for a garden, when he checked the area. Mr. Clark said there were utility easement in this alley. He said that he knew - N.S.P. was using this easement, and probably the telephone company and cable T.V. He said that notices had been sent to the utility companies, and we have already heard from N.S.P. that they want the easement retained. When Machining, Inc. join the two buildings -together, there will be a power line running over it. Mr. Clark said he would suggest that the Subcommittee recommend approval of this request, keep the 12 foot utility easement, and as far as the City was concerned, allow the encroachment of the structure into the easement. The petitioner will have to get written permission from the utility companies for this same encroachment and follow the stipulations th CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 21, 1975 PAGE 1 CALL TO ORDER: Chairman Harris called the meeting to order at 8:00 P.M. ROLL CALL: Members Present: Harris, Meissner, Drigans Members Absent: Lindblad, Peterson Others Present: 'James Langenfeld, Ex -officio member of the Planning Commission Jerrold Boardman, Planning Assistant APPROVE PLANNING COMMISSION MINUTES: MAY 7, 1975 MOTION by Drigans, seconded by Meissner, that the Planning Commission minutes of the May 7, 1975 meeting be approved as writt-n. Upon a voice.vote, all voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: APRIL 28, 1975 MOTION by Drigans, seconded by Meissner, that the Planning Commission receive the Parks & Recreation Subcommittee minutes of their meeting of April 28, 1975. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS -STREETS & UTILITIES SUBCOMMITTEE MINUTES: MAY 13, 1975 MOTION by Meissner, seconded by Drigans, that the Planning Commission receive the Plats & Subdivisions -Streets & Utilities Subcommittee minutes of the May 13, 1975 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: APRIL 29, 1975 MOTION by Meissner; seconded by Drigans, that the Planning Commission receive the Environmental Quality Commission minutes of the April 29, 1975 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MINUTES: MAY 14, 1975 MOTION by Drigans, seconded by Meissner, that the Planning Commission receive the Building Standards -Design Control Subcommittee minutes of May 14, 1975.meeting. Upon a voice vote, all voting aye, the motion carried unanimously. �tk 1.CONSIDERATION OF A VACATION REQUEST: SAV #75-02, BY LOREN SMERUD: Vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., to allow the construc- tion of a 24 ft. x 24 ft. addition at 4603 .3rd.S-treet N.E.,,,,� Mr. & Mrs. Loren Smerud of 4603 3rd Street N.E. and Mr. Robert Archer, 4595 3rd Street N.E. were present. Mr. Boardman said the administration had no objection to this vacation request, but an easement would have to be retained for the storm sewer in.the South Half of Planning Commission Meeting - May 21., 1975 Page 2 the street being vacated, and for the 12 foot easement in the .alley would have to be extended across the vacated street, because of the power lines in this easement. Mr. Harris asked the purpose of this vacation? Mr. Smerud said it would enable him to construct an addition to his home without asking for a variance, and as they were maintaining this property already, they would prefer to own it. Mr. Boardman said the proposed addition would be 8 feet from the present property line, and Mr. Smerud was told to either ask for a variance or request a vacation of.the street, and Mr. Smerud chose to ask for the vacation. Mr. Langenfeld said the adjacent property owners to this street had been main- taining it for the past 8 years. Mr. Harris asked Mr. Archer, the other adjacent property owner, how he felt about the vacation of this street? Mr. Archer said he was in agreement to having it vacated, and "e had been maintaining the property also. Mr. Drigans asked Mr. Smerud what he was going to do with the existing garage? Mr. Smerud said he was going to tear it down. MOTION by Drigans,:seconded by Meissner, that the Planning Commission recommend to Council approval of vacation request, SAV #75-02, by Loren Smerud, to vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., to allow the construction of a 24' x 24' addition to 4603 3rd Street N.E. with the following stipulations: 1. Retain the storm sewer easement over the Northerly 20 feet of the South Half of 46th Avenue being vacated. 2. Retain a 12 foot utility easement in the extension of the alley between Block 9 and 16, Plymouth Addition. . 3. The existing garage be town down when the addition with the tuck under garage is completed. Mr. Smerud asked what problems he would have if this garage wasn't torn down at that time. Mr. Boardman said he would have to apply for a Special Use Permit for a second accessory building. Mr. Smerud said he didn't know about the restric- tions on a second accessory building, so he would probably tear down the existing garage. Mr. Meissner said this would not be such a rigid stipulation, that the very day the addition was completed, the garage had to come down, but he would have to comply within a reasonable time. Mr. Smerud said he would like to use the present garage for storage while the second garage was being built. Mr. Meissner said that if he decided at a later date, to use this garage for storage, and not tear it down, he would then have to apply for the Special Use Permit. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A VACATION REQUEST: SAV #75-03, MACHINING INC.: Vacate the alley in Block 5, Spring Brook Park Addition, that lies between Ashton Avenue and the railroad tracks, to allow for an addition that will join two existing buildings, at 140 Liberty Street N.E. Mr. Frank Schaul, co-owner of Machining, Inc., was present. 211 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 11 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1975: CONSIDERATION OF VACATION REQUEST: SAV #75-02, BY LOREN SMERUD, VACATE 45TH AVENUE N, E RFTLIFGN 9Dn CTDFGT ANn.L1 Al I n1d TLIC rnAICTDHrTToKi np A 9A FnnT MOTION by Councilman Breider to set a public hearing on the request for the vacation SAV #75-02, by Loren Smerud for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST SAV #75-03, MACHINING INC.: VACATE ALLEY .IN BLOCK 5 SPRING BROOK PARK ADDITION, THAT LIES BETWEEN ASHTON AVENUE AND THE RAILROAD TRACKS, TO ALLOW FOR AN ADDITION THAT WILL JOIN TWO EXISTING BUILDINGS, AT 140 LIBERT STREET N.E.: The City Manager said the hearing for this item had been previously set for June 9, and there would be no action necessary. MOTION by Coucnilman Breider to receive the minutes of the May 21, 1975 meeting of the Planning Cc.nission. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 27. 1975: (NOTE: THIS WAS ON JUNE 16, 1976): A_REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE TO REDUCE THE MINIMUM LOT AREA REQUIRED ON A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CON3TR1CTION OF A DWELLING TO BE LOCATED ON LOTS 49 AND 50, BLOCK T, RIVERVIEW HEIGHTS, THE SAME BEING 628 GLENCOE STREET N. E., FRIDLEY, MINNESOTA REQUEST BY TRI -CO BUILDERS, 7555 VAN BUREN STREET N. E., FRIDLEY, MINNESOTA): The Public Works Director explained the request to be to construct a dwelling on a lot recorded before December 1955 and to reduce the minimum square feet from 7,500 to 5,500. He said the lot is 50 feet wide. Mr. Sobiech said the Board'of Appeals recommended approval of the request. I Mayor Nee asked if the property is in the flood plan. The Public Works Director said no, the flood plain is from 250 to 300 feet to the north. Councilman Fitzpatirck said there was some objections voiced by the neighboring property owners. He questioned if anyone was present at the current meeting to voice any objections. There was no response. MOTION by Councilman Fitzpatrick to approve the request as recommended by the Board of Appeals. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, G Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the portion of the minutes of the Board of Appeals Meeting of May 27, 1975. Seconded by Councilman Fitzpatrcik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE•MINUTES OF THE BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 27, 1975: CONSIDERATION OF A REQUEST FOR A NEW BUILDING: LOCATED AT 4500 MAIN STREET N.E. FRIDLEY, MINNESOTA. REQUEST BY CECO CORPORATION, 4500 MAIN STREET N.E ., FRIDLEY MINNESOTA): The Public Works Director pointed out the area of the proposal to be at 4500 Main Street and said this is the next step in the stage development in the original proposal of 1973. He said the building would be concrete and the necessary screening would be installed. He said there exists a retaining wall on the east edge of the property. He explained that the Building Standards Design Control Subcommittee had recommended approval of the request. MOTION byCouncilman Ftizpatrick to concur with the recommendation of the Subcommittee and grant approval of the construction. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 212 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 12 ION OF A REQUEST FOR A NEW BUILDING LOCATED ON LOT 1, BLOCK 1, P The Public Works Director explained the request was to build a retail establishment on the corner of 79th and East River Road. He said this would also take some consid- eration of variances. He pointed out that the variances were discussed by the Board of Appeals on Page 7-C of the agenda. The Public Works Director listed the variance! and said the Board of Appeals had suggested that the last variance be eliminated. He said the Board of Appeals felt there should be a little more lands -caning and green area and suggested that the three parking stalls be eliminated. He said the elimination of the three stallswould not cause a problem. The Public Works Director said the proposal would compare to the constructionon the corner of Old Central and Rice Creek Road, but this proposal would have more Tandscap.ing and green area. He said the Building Standards -Design Control Subcommittee had recommended approval with a number of stipulations. He read the stipulations to the Council and audience. The Public Works Director referred to the letter on Page 7-K of the agenda from the adjoining property owners Attorney Mr. Richard J. Fudali representing Five Sands Development. He said all of the concerns listed by the adjoining property owner had been worked out. The Public Works Director pointed out an additional item that had been discussed by a the staff to be the acquisition of an easement for the proposed signalization of 79th and East River Road. He said NSP has. an easement in the proposed area and they were contacted and said there should be no difficulty with the mutual easement. He thought this could be worked out with the property owner and said it would not run the entire length of the property. c The Public Works Director indicated that Mr. Dave Nordale was present representing Meridian. Mr. Ken Sporre asked if the entrance proposed for East River Road would be needed. He questioned why the entrance on 79th would not be sufficient and mentioned that there is a problem in gaining access to East River Road at the present time. He suggested that this driveway be eliminated and a stop signal be installed. Councilman Fitzpatrick asked what. the time table would be for the installation of the signal on 79th. The City Manager said it is no.t in the budget for 1975. Even it it was in the budget, the County would also have to okay this in their budget. He said this would be one or two years at least. Mr. Sporre said he wouldlike a copy of all of the communications concerning the proposed signal on this intersection. He said -he would like to meet with the county Commissioners and present this information to them. The City Manager said there is no question that the City had submitted a plan•to the County. He said the Council would have to provide the money in the budget for half of the funding before the County would take any action on this. He said the City had been in contact with the County and there response was that this is not warranted.. Mr. Sporre said he would like a copy of the correspondence on what has been said by the City and the response of the County. H e said he would like to see what the City had requested of them. He said he did not think the Council should approve the proposed matter of consideration of the construction of the store until some decision is made on the signals at this intersection. The City Manager said the staff would provide Mr. Sporre with all of the information they they have. Mr. Sporre said he would like a copy of the City's written request and the copy of the answer that was obtained from the County. The City Manager said the City cannot state their case until they have provided the money. Mr. Sporre said the City would be able to show their interest. The City Manager said yes. Mr. Sporre said the City should tell the County their intentions until this is provided in the budget and contact three commissioners about the plan. Councilman Breider said the County would not be able to make any commitment for money until after the 15th of July, after their second computor run. He said this would allow the City some time to reactor to the budget item. He said this would allow two to three weeks to get togther onthe matter. Mr. Sporre repeated his suggestion that the approval of the current request be held up until.the decision is made on the intersection. He said if there has been any