VAR 04.734
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 F 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
for 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/j m
CC: Mr & Mrs. Kenneth Gill
Mr. & Mrs. George Schumann
Richard Sobiach
Assistant Engineer
' March 23,1973 /
City Engineer
City of Fridley
r. City Hall
6431 University Ave.N.E. Owl
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, J
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_
j 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.
.1A 114-1
_,
Aka
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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.Swarscn 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.
aw.
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MEW nam: M 0 T0: (Memo No., letters Report
represent name initials) Before
NMIM M. QURESHI �tnt■■■■■■■■ ■ttt■tib
City Engineer - Dir. MW N0. _
Planning - Crsmm, bev. � •
•
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SUBJECT: / /f
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See attached
0 Review 6 take appro-
priate action
a
Review 6 comment
')01- 0�Note & discuss with me
a 'work with .Ul G • .
3
Bush, immediate action
desired SIGNATURE _ � %
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Make reports, w/background CCMMENTS
material as complete as poss-
ble. -Make interim report if �y `
necessary. Send original
memo back only if action is / 7Oe
'
fully completed. f�icl ,���
Z 0 Action completed, no
o further review needed
0 Further action necessary
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0 See attached letter ,
0 Interim report
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DATE .��Z9"% SIGH&TURE /.� �
A rnicialffCArr
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;
S, Northern-Sfates Power Company and Northwestern Bell
Telephone existing. in the alley—
right-of-way,
lley —
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;
4
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A rnicialffCArr
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;
S, Northern-Sfates Power Company and Northwestern Bell
Telephone existing. in the alley—
right-of-way,
lley —
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
abutting property owners. - -- ---
__ -IN WITNESS WHEREOF, the parties hereto have hereunder caused
these presents to be executed the day and year first above written.
� CI*'CF FRIDLEY
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CITY MANAGER
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'Witness Owner
fitness Owner