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PL SUBCOM 02/04/1970 - 31077r , . PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE FEBRUARY 4, 1970 7:00 P.M. Page 1 The meeting was called to order at 7:00 P.M. by Chairman Jensen. ROLL CALL: Members Present: Crowder, Zeglen, Myhra, Jensen Members Absent: None Others Present: Darrel Clark, Engineering Assistant l. PUBLIC HEARING: PRELIMINARY PLAT (P.S. ��69-12) AND VACATION REQUEST (SAV ��70-02), SHOREWOOD PLAZA, MAX SALITERMAN. Mr. Jensen is working with Mr. Saliterman on this project, therefore stated that he would not take part in the motion or decision on this item. The Subcommittee decided to wait for Mr. Wyman Smith's arrival to discuss the plat. 2. VACATION REQUEST: SAV ��70-01, BY CITY OF MINNEAPOLIS TO VACATE THAT PART OF MARSHALL STREET AND 43rd AVENUE THAT LIE INSIDE WATER WORKS PROPERTY. Mr. Jim Hyak, the Assistant Director of Minneapolis Water Works, is representing the request. He explained that they own the properties on both sides of all streets and that they have in fact had a fence enclosing all of the property they own North of Berlin Addition since about 1945. Actually they are just trying to accomplish legally what they have been doing all along. A discussion of the area followed. Mr. Jensen asked if there are property owners other than Minneapolis Water Works. Darrel stated that there were other property owners in Berlin Addition however, there are no structures involved. Mr. Hyak stated that they have never had formal access to this area, but they have arranged with the owner whereby he has been allowed to use our roads to get to his property. Mr. Myhra asked if we would be land locking these other people? Darrel noted that these vacations will not change the situation as it exists now and that we are in favor of the Marshall Street vacation North of Berlin Addition and the 43rd Avenue vacation, however, we would like the section of Marshall Street South of the Berlin Addition to be tied in with the N.S.S.S.D. vacation request. Mr. Hyak stated that they use Marshall Street South of the Berlin Addition. This saves their people from having to use East River Road. r Plats & Subs.-Str. & Util. Subcommittee - Februarv 4, 1970 Pa�e 2 -- - _— Mr. Jensen now suggested two separate motions, one for the area North of Berlin Addition and one for the area South of Berlin Addition. Mr. Hyak stated that he had no objection to this. Mr. Jensen added that the City doesn't want any problem with public access to the Biernat property in Berlin Addition. Mr. Hyak explained that there is no public access now. There are cables across the roads to keep the people from using them. We have padlocks on either end of the cables. Mr. Biernat has a key to one of the padlocks and we have the key to the other. Mr. Zeglen asked why the other property owners weren't present. Darrel explained that the only property owners were Minneapolis Water Works, Northern States Power, a service station, and Mr. Ted Biernat. The owners weren't present because the meeting had not been advertised and would not be until the Public Hearing before the City Council. Mr. Myhra asked if it would not be better to pick up land from Minneapolis Water Works for Mr. Biernat's access? Mr. Hyak said that they would give him a private easement to cross their property. Mr. Crowder stated that the least we could do for the City of Minneapolis would be to vacate with the understanding that they would allow Mr. Biernat access. Mr. Bruce Corlett, Minneapolis Water Works Director, pointed out that there are no buildings on Mr. Biernat's property, just picnic tables. Mr. Jensen said that we should protect the City first and the property owners will benefit from this. Minneapolis should be willing to dedicate a road easement, but the document need only be filed in City Hall. Mr. Corlett asked if this would abrogate their right to ask for a street. Mr. Jensen answered that when the Minneapolis Water Works acquired the rest of the property in Berlin Addition the road easement would be null and void. Instead of an easement they should have a contractual agreement which would be void when the rest of the property was bought by Minneapolis. MOTION by Myhra, seconded by Crowder, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of the Street Vacation request SAV ��70-01, subject to an agreement being reached between the City of Minneapolis and the City of Fridley, e Plats & Subs.-Str. & Util. Subcommittee - February 4, 1970 Page 3 that provides for, upon request, a 25 foot road easement along the North side of Lot 36 of Aud. Sub. ,��39, such road easement to be null and void at such time as the City of Minneapolis acquires all interior property in the Berlin Addition; and subject to the understanding that the Marshall Street vacation South of the Berlin Addition be tied to the N.S.S.S.D. request for the Marshall Street vacation South of 39th Avenue. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARING: PRELIMINARY PLAT (P.S. ��69-12) AND VACATION REQUEST (SAV ��70-02), SHOREWOOD PLAZA, MAX SALITERMAN. Mr. Wyman Smith, representing Mr. Saliterman, gave an explanation of the Shorewood Plaza vacation and the plat map. He explained that the request was mainly to give the plat a name and to change the complicated meets and bounds description to lots and blocks. Darrel Clark commented that the Engineering Department was happy to see the plat and the only changes he could see that might be needed were to include radii and five foot walk easements on the final plat. MOTION by Crowder, seconded by Zeglen, that the Plats & Sub- divisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of preliminary plat P.S. i�69-12 as it is tied to the drawing of the proposed plat Shorewood Plaza dated September, 1969 as revised December, 1969 which includes the vacation of the old ditch easement. Upon a voice vote, Crowder, Zeglen, and Myhra voting aye, Jensen abstaining, Chairman Jensen declared the motion carried. ADJOURNMENT : MOTION by Jensen, seconded by Myhra, that the Plats & Sub-division- Streets & Utilities Subcommittee meeting of February 4, 1970 be adjourned at 7:45 P.M. Upon a voice vote, the motion carried. Respectfully submitted � -r � ,' � f,� �,'�l r �'r� Nikki J. Finck Recording Secretary