PL SUBCOM 05/13/1975 - 31179r' .
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CITY OF FRIDLEY
PtATS & DIVISIONS-
STREETS & UTILITIES SUBCOMMITTEE MEETING
CALL TO ORDER:
MAY 13, 1975
Acting Chairman French called the meeting to order at 7:30 P.M.
ROLL CALL:
Members Present:
Members Absent:
Others Present:
PAGE 1
French, Forster, Christensen
Meissner
Darrel Clark, Community Development Administrator
PLATS.& SUBDIVISIONS-STREETS _& UTILITIES SUBCOMMITTEE MINUTES: JANUARY 15
17/J�. � . .. . .
MOTIpN by Christensen, seconded by Forster, that the Plats & Subdivisions-
Stxeets & Utilities Subcommittee minutes of the meeting of January 15, 1975 be
approved as written. Upon a voice vote, a11 voting aye, the motion carried unanimously.
l. CONSIDERATION OF A VACATION REQUEST, SAV #75-02, BY LOREN SMERUD: Vacate
Avenue N.E. between 3rd Street and University Avenue N.E., TO a l.bw
the construction of a 24 ft. x 24 ft. addition.
Mr. & Mrs. Loren Smerud and Mr. John Archer were all present.
CI'i�
Mr. Clark said that both Mr. Smerud and Mr. Archer who share in this vacation
e present at this meeting. He said the Mr. Smerud's addition would bring the
'ru.cture within 8 to 10 feet of the existing right of way. When Mr. Smerud inquired
�out a building permit for this addition, he was told he had two options. One was
.o ask for a variance and the other was to petition for a vacation of 46th Avenue.
�lr. 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 �outh 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 ZO 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 maintaining 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 d�ep gully. He said they
were able to get the City to grade and bring in fill. Mr. Clark said he would be
abfie to use 10 feet of the vacated street and the 20 foot easement could be used
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Pl.a�ks�& Subs.-Str. & Util. Sub. Meetinq - May 13, 1975 Page 2
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as the�iF�quired sideyard setback.
.
Mr. Chrisensen 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 ihe 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 prob�bly
be at 47th as this was already a blacktopped area.
Mr. Clark said that this vaeated street would be added to the property they already
own, but he didn't t{�ink 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 b� Christensen, seconded by Forster, that the PZats & Subdivisions-Streets
& Utilities Subcommittee recommend to the Plann.�ng Commission approval of the request
for a Y��a�i�ciri,;SAV #75-02, by Loren Smerud, to vacate 46th Avenue N.E. between 3rd
Street and University Avenue N.E., to a11ow the construction of a 24 ft. x 24 ft,
addition to a residence at 4603 3rd 5treet N.E. with the following stipulations:
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UPON
Z. Retain the staz•m sewer easement over :the Nartheriz� 20 feet of the South
half of 46th Avenue N.E. being vacated.
2. Retain a.i2 foot utility easement in the extension of the a11ey between
Blocks 9 and 16, Plymouth Addition.
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 •
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Plats & S�b�s.-Str. & Util. Sub. Meeting - May 13, 1975 _ Page 3
� may ask for such as maintaining proper clearance below the lines.
�` Mr. Clark said there was one other thing he wanted to bring up, although it
really wasn't the concern of this Subcommittee, it would probably be the concern of
the Council and that was that there was an occupancy across the tracks, a junk yard,
` that has been crossing over the tracks and onto the property of Machining, Inc. for
access either to the south to Longfellow Street or to the north to Liberty Street.
When this building on Libert Street was built in 1961, there was an agreement drawn
up between Mr. Julkowski, who owned the property at that time, and Mr. John Hayes of
136 Liberty Street for access through this property. Neither party signed the
agreement, but there was verbal agreement. The agreement was that Mr. Hayes would
have access through this property until the City extended Liberty Street. He said
it was a problem to get street right of way across the railroad tracks because it
had to go through the Railroad and Warehouse Commission, and this permission was
difficult to obtain.
Mr. Schaul said they had no intention of block off the access. They would
be blocking off the access toq:ongfellow with this addition, but Mr. Haj�es would
still have access to Liberty Street. Mr. Clark said he had talked to the City
Attorney, and he said that although the property owner across the tracks might not
like it, he thought that one access would be all that had to be provided.
Mr. Forster asked if there was any other access for the property, other
than through Machining, Inc. property. Mr. Clark said there was not.
Mr. Clark said this really had nothing to do with the alley vacation, but
� ' he though Council should be aware of this before they authorize a building permit
� or this property.
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Mr. Schaul said they had never had a problem with Mr. Hayes. Mr. Clark said
. he would suggest that before they start construction on this addition, that they go
°` over and talk to Mr. Ha'y,es and explain what they were going to do.
Mr. Schaul said there was only 12 feet between their two buildings right not,
and with the addition, these building would be joined, making it one complex. He
said he has occasions when he has to send employees from one building to another, and
in the winter this was a problem. When it was all one building, it would make it much
more convenient.
MOTION by Forster, seconded by Christensen, that the Plats & Subdivisions-Streets
& Utilities 5ubcommittee recommend to the Planning Commiss:ion approval of the request
for a vacation, SAV #75-03, Machining, Inc., to vacate the a11ey from Ashton Avenue
to the railroad tracks in Bloek 5, 5pring Brook Park Addition, to a11ow an addition
to be built to join two existing buildings at 140 Liberty Street N.E. with the
folZowing stipulations.
1. Retain the 12 feet util2ty easement in the vacated a1ley.
2. City a11ow the encroachment of the building into the easement.
3. Petitioner get written permission from the utility companies and follow
their stipulations for this encroachment.
� Upon a voice vote, a11 voting aye, the motion carried unanimouslyi�
Mr. Christensen said his time had expired for serving on this Subcommittee and
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Plats & ♦-Str. & Uti1. Su6. Meeting - May 13, 1
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+� he had enjoyed it very much. He said it was good experience, but for personal
reasons, he wanted to give notice of his resignation from this Subcommittee and
he would not be serving on any other Commission.
���' Mr. French said his time had also expired, and he had been on this Subcommittee
�� four years and he really enjoyed it to. He said he knew this Subcommittee was not
going to be functioning much longer, and he thought he would like to be on another
Commission.
Mr. Clark asked both members to cont�nue to serve on this Subcommittee until
the reorganization was complete, which would probably be some time in July. He
said he knew they weren't asked to meet very often, but there may be other business
for them to take care of before that date,
ADJOURNMENT:
MOTION by Christensen, seconded by Forster, that the meeting be adjourned. Upon
a voice vote, aI1 voting aye, Acting Chairman French declared the P1ats & Subdivisions-
Streets & UtiZities Subcommittee Meeting of May Z3, 1975 adjo�zrned at 8:30 P.M.
Respectfully submitted,
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