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LS 84-077B. permit to allow construction o determination as to whether-1b*re . violation of the ordinant!es. f rage would affect the court's was, at the time the action was started, a UPON A VOIC TE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declar he motion carried unanimously. Mr. Flora, Public Works Director, stated this is a request to split three existing lots into two new lots by splitting the middle lot and taking 20 feet to be added to each of the adjoining lots making two 60 foot residential lots. Mr. Flora stated the Planning Commission recommended approval of the lot split with three stipulations regarding the park fee for $750; the houses are to face 57th Place; and the lot split to be registered with the County prior to issuance of a building permit. Mr. Flora stated the staff would add the additional stipulation that when the lots are registered with the County, they be registered as individual lots and two sites, instead of three sites. Mr. Jack Dunphy, representing the builder, stated the petitioner is in agreement with the stipulations. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant lot split, LS X84-07 with the following stipulations: (1) a signed park fee agreement for one lot of $750; (2) the houses are to face 57th Place; and (3) the lot split to be registered with the County, prior to issuance of a building permit, and to be registered as two sites instead of three. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 6, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF MAY 17-1984: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of May 17, 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Cable Television Commisison and grant the variance petition by Storer Company for a variance of test points in the cable system. Seconded by -12- 7. COUNCIL MEETING OF JUNE from the point of non-acceptance to where a proposal was made that was table. He stated he felt Mr. Radabough should get credit for really vering and keeping his cool and the Eberhard's were reasonable and standing since they were most directly affected. UPON A\VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declare the motion carried unanimously. It was announced t at it was necessary for the petitioner to leave the meeting and she reque ted this item be tabled until she could be present. Councilman Fitzpatrick questioned if this was going to be approved, if staff was aware of any problems. Mr. Flora, Public Works Director, stated the petitioner was present at the Planning Commission meeting and accepted all the stipulations. She had stated she didn't feela stipulation regarding the completion date of September 1, 1984 was necessary,as she was ready to begin as soon as the special use permit was approved. ' MOTION by Councilman Fitzpatrick to co cur with the recommendation of the Planning Commission and grant specie use permit, SP 484-10 with the following stipulations: (1) need to Ovate roof to required evaluation of 825.25 feet; this may consist of two addit nal courses of black or the use or water resistant wood; (2) structure sho ld be securely anchored with anchor bolts; (3) driveway to garage be pa ed with concrete or asphalt material (4) garage be completed by September 1984; and (5) petitioner will eliminate the continuing outdoor storage an curbside parking problems. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, stated this is property here there has been a long history of outdoor storage of materials and items on the street right-of-way. He stated the City is seeking compliance with the ordina ces and some of the violations are being pursued through the court system. Mr. Qureshi asked the City Attorney if this action would h'Ave a dampening effect on the City's court actions. Mr. Herrick, City Attorney, stated this action to approve the special use permit shouldn't have any affect per use. He stated he didn't know whether the construction of the garage would have a physical impact on the condition of the lot, but hopefully, the material presently outside would be placed inside this structure. He stated he didn't feel granting this special'',,,pse 3i CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Jyne 20, 1984 CITY COUNCIL ACTION TAKEN NOTICE Brandon Constructior- Company 322 Sunrise Lane Champlin, MN 55318 On On June 18, 1984 the Fridley City Council officiall ita oved your request fora Lot Split, L. #84-07, to split Lot 5, Block 4, CYview, and add half to Lot 4 and half to of o maKe TWU-r-esl Val Sites, 411aid415 with the following stipulations: I. Signed park fee agreement for one lot of $750.00 2. Houses to face 57th Place 3. Lot split to be registered with County prior to issuance of a building permit. October 15, 1984 is deadline to split 1985 taxes.* 4. Combine parcel into two statements, and pay any outstanding service assessments. * The City must receive an accurate survey of the two lots before a Resolution can be passed by the City Council. This resolution must be passed before the lot split can be recorded at the County. cc: Mr. & Mrs. Leo Schahn John Dunphy If you have any questions regarding the above action, please call the Planning Department at 571-3450. cerelro— C4JAMES L.ON PLANNING SPECIALIST JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. 13. 14. the motion carried unanimously. Mr. Flora, Public Works Director, stated this resolution i to obtain State did funds for costs associated with the traffic signal c truction at East River Road and 43rd Avenue. MOTION by Councilman Fitzpatrick to adopt Resol by Councilman Hamernik. Upon a voice vote, declared the motion carried unanimously. No. 90-1984. Seconded voting aye, Mayor Nee Mr. Flora, Public Works Director, staed Superamerica is proposing to construct a new service station on 5Frvice Avenue and Highway 47. He stated an agreement was made to vacate a port'of the existing service drive and Superamerica would construct a s drive to City specifications and then deed it over to the Cit He stated in order for Superamerica to obtain turnback property fr the State Highway Department, the City will quit claim its right to th property to expedite the property transfer. Mr. Herrick, City Attor y, felt it is important to make certain that, in addition to the resol ion, there be an agreement or understanding with Superamerica that it the new service drive is constructed, the old one will stay in servi a and the resolution will only be effective if, in fact, the plan is comp ted. MOTION by Co ilman Hamernik to adopt Resolution No. 91-1984. Seconded by Councilman rnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion rried unanimously. MOTION bii Councilman Hamernik to submit a letter of transmittal, along with thea resolution, indicating the City's deeding of this property is subj t to the successful completion of the project and construction of the new rvice drive. F rther, the existing service drive shall be maintained until the new el'service drive is completed. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri ously. AIR R 15. - 7 41111 - N.E. BY BRANDON CONSTRUCTION, INC.: q MOTION by Councilman Hamernik to adopt Resolution No. 92-1984. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO, 93-1984 CONFIRMING ASSESSMENT FOR STORM SEWER IMPROVEMENT PROTECT NO. 132a -14- Z4 2f 40 Z N D�: k• . Inman, City Clerk, stated the documents before the Counil are an reement between the City and the two investors, North Freeway Investors vvRiver Road Investors regarding allocation of the City's 1984 industrial lopment bonding entitlement. Heed it provides in principal, allocations of designated amounts for these p ojects and provisions for the one percent deposit. He stated that the agre ent has been revised from the version in the agenda. MOTION by uncilman Fitzpatrick to adopt Resolution No. 85-1984 including the revised ersion of the agreement. Seconded by Councilman Barnette. Upon a voice te, all voting aye, Mayor Nee declared the motion carried unanimously. 9. SYSTEMS (LOGIS) MOTION by CouncilmanXUpo k to adopt Resolution No. 86-1984. Seconded by Councilman Barnette. voice vote, all voting aye, Mayor Nee declared the motion carried uly. 10. Q1% RESOLUTION NO. 87-1984 XMES FOR THE SEMMER 11, 19 E PRIMARY ELECTION: MOTION by Councilman Barnette to opt Resolution No. 87-1984, with the change in Section 6 for compensation of Regular Judges to be at $4.00 per hour and compensation for the Chairmen of the Election Board to be at $5.00 per hour. Seconded by Councilman Hamer 'k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri unanimously. 11. 12. MDTION by Councilman Hamernik to adopt Resolutio No. 88-1984. Seconded by Councilman Barnette. Upon a voice vote, all votin aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated this resolution is to obtain State aid funds for the portion of the bikeway/walkway system along 7�3,rd from Old Central to Stinson Boulevard. MOTION by Councilman Barnette to adopt Resolution No. 89-1984. Secohged by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee dec red -13-