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04.73v� REGULAR COUNCIL MEETING OF APRIL 2, 1973 PAGE 6 Councilman Nee said he had been in.the back yards of the people the past weekend and.within fifteen to twenty minutes there were assaults by eight or ten motor cycles. He said there should be a degree of privacy in those persons back yards. He said the problem involved is created by the unvacated alley. He said it is a nuisance and also a hazard. He said there is a motor cycle race track through the area. He said he did not know what could be done for a short range solution to the problem, but a long term solution would be to vacate the alley. He said the possible short term solution may be to allow the erection of a fence. Mayor Liebl said in order to vacate the alley, the matter would have to go to a hearing. The acting City Attorney said the City could authorize the installation of a fence in the area for a short term solution. He said if some time in the future, the City would have to use the alley, the fence could betaken out. He said the process would be to eventually go through vacation procedures. Councilman Nee asked how long such a vacation would take, The City Attorney said a notice would have to be sent out with sufficient time allowed. The City Engineer estimated the amount of time to be three months. The City Engineer called the Council's attention to the map provided in the agenda on page 4-B indicating there are some persons who do use the alley, and it would be impractical to vacate it. The City Engineer suggested approving the con- struction of fencing which would be subject to removal when the City needs the area for utility work. He also suggested the installation of a "dead end" sign, stating, then the people would not go in there., Mrs, Schumann said she would like to see the fence constructed to deter the cyclists. She explained how the route taken is high at 47th and driven like a race track to 46th. She said the neighbors of. the area are in accord and would like to have some- thing done. She mentioned the fact that if the alley is chopped up they would not come barreling down like it Is a race track. She said she has seen children eleven years old driving cycles with children of five on the handle bars. She said she could not imagine that their parents do not know they are doing this. She said two barriers would quiet the speeders. MOTION by Councilman Nee to receive Mrs. George Schumann's letter and instruct the administration to prepare options the Council may take for presentation at the next Council meeting, April 9, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Llebl declared the motion carried unanimously. MOTION by Councilman Nee to receive the report. Seconded by Councilman Breider. R REGULAR COUNCIL MEETING OF APRIL 2, 1973 PAGE 5 He said the people of the area were not given an adequate explanation of the pro- ject last year, they came home and found stakes in their yards. He added, the City Manager is fairly certain the project could be implemented on the north side, as there are individuals who think it could be done. He said it may be that the City would have to condemn the land on the south side. He said in his judgment, the longer the City waits, the more it is jeopardizing the children who must travel along East River Road. He said the matter had been brought before the Coun- cil two years ago, and again last year when the project ran into some snags. Mayor Liebl suggested notifying all of the area property owners, giving the people enough buffer zone for privacy with fences, or shrubs and try to get the walkway in the area this year. He said he had recently received four calls from mothers who were concerned about rheic children. The City Manager said he did not believe it was a matter of money as much as it is a matter of principle. He said they had two approvals, have offered security fencing, and -still the people are not interested in the project. He said he be- lieved it would have to be condemned on the south if the City wants to adopt the project. Mayor Liebl said he thought a better agreement could be worked out. He said the City should tell the people that their privacy would be respected. He said the people want a buffer so the children would not go into their yards. Councilman Nee said the area is very tight and there is not much area that could be used. The City Manager agreed saying, all four proposed routes are very close. He said if the Council wants a document stating the response to the idea from the area people, he did not have one, but they are saying the children can use the sidewalk on the East River Road. MOTION by Councilman Nee to send a letter of notification to'the people of the area that the four alternative proposals will be discussed the meeting of April 16, 1973, and asking them to be present. Seconded by Councilman Starwalt. Mayor Llebl reminded the Council that there was a Resolution adopted stating there will be no action taken before June I, 1973. UPON A VOICE VOTE, ALL VOTING AYE, Mayor Liebl declared the Motion carried unani- mously. RISGUSSION REGARDING BIDS - FURNISHINGS FOR LIQUOR STORE (BIDS OPENED 11:30 A.M.. MARCH 15. 1973 (TABLED MARCH 19. 1973): �MOTION by Councilman Nee to award the contract to Display Fixtures of Minnesota, Onc., in the amount of $18,775, and as laid out in the bid. Seconded by Councilman tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion arried unanimously. r MEMO TO: Gerald R. Davis, City Manager and City Council MEMO FROM: Richard Sobiech, Assistant Engineer MEMO DATE: April 5, 1973 REFERENCE: Request for Closing off Alley by the Gill $ Schumann Families - 4630 & 4638 3rd Street N.E. On March 29, 1973 I checked the site and noted there is no alley opening in the concrete curb on 46th Avenue. South of 4638 3rd Street N.E., the alley is actually only a bike trail. Three property owners at the north end of the alley require the alley for access, i.e. 4647 21-2 Street, 4642 3rd Street and 4638 3rd Street. It is the recommendation of the Engineering Department that the request be granted to allow the portion of the alley south of 4638 3rd Street to be closed, based on the petitioners signed statement they will be responsible for re - erection of the fence (and'resulting costs) should it ever be- come necessary to remove it. Precautions should be taken to avoid accidents by the previous users of the alley by barricading the alley and/or installing signs to give warning of the new fence. It should be noted that, should the Council choose to grant this request, it will be setting a precedent, and a determination should be made whether this practice is to con- tinue to be granted in the future. RS/jm CC: Mr $ Mrs. Kenneth Gill Mr. $ Mrs. George Schumann Richard Sobiech Assistant Engineer MEMO FROM: NASIM M. QURESHI City Engineer - Dir. Planning - Comm. Dev. SUBJECT: MEMO TO: (Mem® No., 'utters represent n initials) MEMO NO. DATE: Report Before �es�reru�s�t eiuou� attached 0 Review & take appro- actionSee C: ■ Note & discuss with me C'Work • with immediate• desired ., make reports,• i i ... completematerial as .._ m.. / necessary. Send .: memo back only if action is VIA, j _ _ Action completed, no '07AFAIOWA 'l 11/1% VK - /!, WV/ / r , j ` 1 ■ Further action necessary _ ■ '_e attached letter, ■ Interim report1 /�//��.✓ .//..� %�%J /t ��� f; jM' L��W/2FAOIFIA'WRON a ` March 23,1973 6 1R City Engineer City of Fridley City Hall 6431 University Ave.N.E. Fridley,Minn. Dear Sir: The Kenneth Gill and George Schumann families are requesting permission to put a fence barrier behind 4630 and 4638 N.E.3rd St. We are next door neighbors and do have our yards fenced and what we are requesting is permission to put just enough fencing to deter the motor scooter hot rodders who are using our easement for a race track.There are about 4 or 5 so that you can see filing a complaint is fruitless as some of them I am sure do not belong in our area.The past few years we have called the police but by the time they arrive on the scene the culprits have disappeared and I am sure our police department has more important things to do.These individuals do not have licenses,some are under age,no lights on the vehicles and do not wear helmets.Some times they are buzzing around at 10:00 o'clock at night. The situation is nerve racking; in the summer when school is not in session they start in the morning and continue on throughout the day.Mr.Gill works nights and I might add when we have our windows open we can't hear the TV for the racket. The Gills and the Schumanns will put up the fencing if. permission is given and we also do state that in the event NSP or any other utility has need to knock them down we will be responsible for re -erecting them although the spots we intend to put them in will not interfere with the utility poles. The area in question is not an alley and one of the neighbors who has inquired tells me that because of the decided slope there would not be an alley back there. I am writing this in the hope that the council can act upon our request promptly. I do know that some of the suburbs do not allow what we are having to contend with; it seems very frustrating that we have to take any sort of action but our sanity is at stake. We have talked to some of the offenders but to no avail. Very truly yours, Mrs.George Schumann 4630 3rd St.N.E. Mpls.Minn. 55421 P.S.Between 47th and 48th on 3rd St.N.E.one of the homes has a fence jutting out into the easement. The Gill,Gordon,and the family behind the Gills are the only ones in the block that drive in this easement area and they have to pay for snow removal in the winter - they had called Fridley but they would not plow back there and the fencing would not interfere in any way with access to their garages. -tm_ v ea — 3k'e1/ 4:t d/L, "%2, Q 7 The signatures appearing on this letter are those of the individuals living behind or adjacent to the Schumanns and the Gills who are in accord with our request; it seems maybe they can now use their back yards for picnics if our request is granted. The Gordons built a beautiful gazebo in the back of their home which they tell me they have not been able to use because of all the dust the motor scooters raise.We would hope that perhaps the council could give us their decision at the April 2nd meeting. Do any of us need to be there? When I obtained the signature from the Swansons I saw the four letter words painted on our red wood fence.Mr.Swanson said he did not have red paint or he would have painted over it;he did paint over the Gills white fence that had the same four letter word on it.I for one want it left there in case you would like to come out and look at it. I IM 4 .. 47TH- —J�ff Y,07 /%N z Pf 5,*A 7 2 w ILA H71? 5 6 D. 70V j�Ifl JZ C-) 4 .. 47TH- AVF- 4:PA ly6 /%N z Pf 5,*A 7 2 w ILA - 2�17 5 6 D. j�Ifl JZ C-) -- Aar AV E. 17 AVF- 4:PA ly6 /%N z Pf 5,*A 7 2 w ILA D. j�Ifl JZ C-) -- Aar AV E. 17 AVF- 4:PA OY /%N z Pf 5,*A 7 2 ILA D. j�Ifl JZ C-) AV, IN .1!* 7� Ao 2 j�Ifl JZ -- Aar AV E. V2.7 21 zo P2 9 gyp cn 49 IZ3 N.E. 20 o a 2 2 24 ;44+1 7� Ao 2 Aar 21 zo • 1 AGREEMENT THIS AGREEMENT entered into this 16TH day of APRIL 1973, by and between George $ Christine Schumann and Kenneth $ Sandra Gill hereinafter designated as "Owners", and the City of Fridley, a mu- nicipal corporation, County of Anoka, State of Minnesota, herein- after referrred to as the "City". WHEREAS, the Owners have requested that the City allow the placement of fencing across the following described alley: The alley located in Block 10, Plymouth Addition, and; WHEREAS, the Owners understand that the above described alley is a public right-of-way, and; WHEREAS, Northern States Power Company and Northwestern Bell Telephone Company have overhead utilities existing in the alley right-of-way, and; WHEREAS, the City understand that the alley right-of-way is not presently open to thru traffic; NOW THEREFORE, it is agreed as follows: 1. The City shall allow the Owners, at their own expense, to place a fence across the above described alley in the following location: Across the twelve foot alley right-of-way at the South line of Lot 8, Blcok 10, Plymouth Addition. 2. In the event the alley right-of-way is required for use by the City and/or other utility companies, the Owners, at their own expense, shall remove and/or replace the fence; Agreement Page two 3. That after placement of the fencing, the inaccessible portion of the alley right-of-way shall be maintained by the abutting property owners. IN WITNESS WHEREOF, the parties hereto have hereunder caused these presents to be executed the day and year first above written. a Witness fitness CITY OF FRIDLEY 1 C CITY MANAGER 1 ��_�,-�- /r=�•/,,,,v Owner Owner