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06/18/2001 - 00009256THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 18, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of 7une 4, 2001. APPROVED. NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF JUNE 6, 2001: RECEIVED. 2. RESOLUTION NO. 28-2001 TO VACATE PORTIONS OF THE UNIVERSITY AVENUE SERVICE ROAD AND 57TH PLACE, GENERALLY LOCATED NORTHEAST OF 57TH AVENUE AND UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT (WARD 1): Mr. Burns, City Manager, stated Gateway East Redevelopment, LLC, is seeking to vacate portions of University Avenue and 57th Place. This is necessary to accommodate 28 owner-occupied townhomes the developer is proposing for this site. The original legal FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 2 descriptions for the vacated properties were incorrect. Staff recommends Council's approval of this resolution. ADOPTED RESOLUTION NO. 28-2001. 3. RESOLUTION NO. 29-2001 APPROVING A PLAT, P.S. #01-01 (GATEWAY EAST), BY GATEWAY EAST REDEVELOPMENT, LLC, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING 28 LOTS AND 6 OUTLOTS TO ALLOW THE CONSTRUCTION OF 28 OWNER-OCCUPIED TOWNHOME UNITS, GENERALLY LOCATED AT 57 1/2 AVENUE AND UNIVERSITY AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that this resolution approves the plat that contains the corrected right-of-way vacation. Staff recommends Council's approval with the following six stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. Petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. ADOPTED RESOLUTION NO. 29-2001. 4. RESOLUTION NO. 30-2001 TO VACATE A PORTION OF THIRD STREET, GENERALLY LOCATED EAST OF FIFTH STREET N.E. AND NORTH OF THE APARTMENTS AT 5451 FIFTH STREET N.E. (SAV #01-05, BY HARRIET SKARIE)(WARD 1): Mr. Burns, City Manager, stated that the proposed vacation is south of I-694 near University Avenue. The portion of Third Street is unimproved and has no relationship to any portion of Third Street that is improved already. It is also the site for 16 non- conforming garages in a parking complex. The area covered by the proposed vacation is 1.62 acres and the northernmost five feet to be vacated is dedicated back to the City as a utility easement. Staff recommends Council's approval with the following two stipulations: A utility easement on the northern 5 feet of the property is dedicated back to the City. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 3 2. Access to future cell tower needs to be through the existing driveway and parking lot area. ADOPTED RESOLUTION NO. 30-2001. 5. RESOLUTION NO. 31-2001 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2002: Mr. Burns, City Manager, stated that the Fridley Fire Department and other communities have provided chemical assessment team response to a variety of hazardous materials emergencies for six years. The agreement tonight e�tends the agreement with the State for those services. The state provides a$40,000 annual budget to cover the costs. Staff recommends e�tending the contract. ADOPTED RESOLUTION NO. 31-2001. 6. RESOLUTION NO. 32-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT RENEWAL FOR SPRING LAKE PARK DISTRICT 16 YOUTH HOCKEY (GENERALLY LOCATED AT K.J.'S RESTAURANT AND BAR, 8298 UNIVERSITY AVENUE N.E.)(WARD 3): Mr. Burns, City Manager, stated that the Spring Lake Park District 16 Youth Hockey organization has reapplied to sell pull-tabs at K.J.'s Restaurant and Bar. The permit will become effective October 1, 2001 and expire September 30, 2003. The Fridley Public Safety Director has reviewed the pull-tab operation at this location as part of the liquor license renewal process and found no reason to object to the renewal. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 32-2001. 7. RESOLUTION NO. 33-2001 AUTHORIZING EXECUTION OF AGREEMENT NO. 81795 BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE TH47 (UNIVERSITY AVENUE) NOISE WALL: Mr. Burns, City Manager, stated that the agreement provides that the City shall pay Mn/DOT $30,000 for aesthetic improvements for the noise wall to be constructed this year along University Avenue. The improvements have been requested by the HRA, and the City will be reimbursed by the HRA. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 33-2001. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 4 8. APPPROVE CONTRACT AMENDMENT BETWEEN SHORT ELLIOTT HENDRICKSON, INC. (SEH), AND THE CITY OF FRIDLEY FOR THE DESIGN OF TH 65 CAUSEWAY IMPROVEMENTS: Mr. Burns, City Manager, stated that the contract provides for additional causeway improvements for Highway 65 that were not previously anticipated. Additional work is associated with federal funding application for preparation for an additional right-of-way and easement documents and e�tension of the project appro�mately 1,000 feet north of 63rd. The cost of these additional services is $115,250. All but $34,194.60 will be paid with the DTED grant. Staff is recommending Council's approval. APPROVED CONTRACT AMENDMENT BETWEEN SHORT ELLIOTT HENDRICKSON, INC., AND THE CITY OF FRIDLEY. 9. APPROVE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF FRIDLEY FOR A NEW FISHING PIER AT MOORE LAKE: Mr. Burns, City Manager, stated that the City has applied for and received a grant for replacing the fishing pier at Moore Lake. The proposed pier will e�tend 64 feet from shore and will include a"t" that measures 20 feet by 40 feet. The current pier is fixed and the proposed one is floating. The City's share of the cost is $10,000. Staff recommends Council's approval. APPROVED AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF FRIDLEY. 10. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 99838-100139 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No members in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 5 PUBLIC HEARINGS: 12. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, OF THE FRIDLEY CITY CHARTER(CONTINUED FROM JUNE 4, 2001): MOTION by Councilmember Bolkcom to continue the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl stated that Councilmember Billings asked a question about Section 804, Local Improvement Regulations, and the change in voting requirements that was recommended. The Chairman of the Charter Commission, Craig Gordon, is present to answer that question. Mr. Gordon stated that the Charter Commission decided to make the voting requirement change after researching other city's charters. The Charter Commission thought this change would serve the residents of Fridley better. The Charter Commission as a whole wanted the four-fifths vote. Councilmember Billings thanked the Charter Commission for their efforts. His concern is that this could pertain to assessments, not whether or not the project is done. If Council receives a petition by 51 percent of the benefiting property owners that say they do not mind being assessed, then it needs a majority vote of Council. Right now it takes all five Councilmembers to say that there will be an assessment. That means that the project still could get done if it is important enough for the City. The people who are getting assessed would hopefully feel that it is benefiting them. He asked how much discussion the Charter Commission held on this item. Mr. Gordon stated that they reviewed appro�mately seven or eight other City Charters, and there was substantial discussion on this mater. Mr. Don Findell, 6850 Sieverts Lane, who is a member of the Charter Commission, stated that he was originally opposed to the change. If less than 50% of the people in a neighborhood want an assessment, then it should be a supermajority to get it through Council. One of the members providing input was Nancy Jorgenson who stated that it would streamline the City Council in the event that the vote was taken on the day that one member was not present. Mayor Lund asked Councilmember Billings if he could envision the kind of assessments he was talking about. Councilmember Billings stated that it is 50% of the properties that are benefiting and 50% of the property. There could be a situation in which one side of the street is industrial and the other side is residential with more homeowners, but the industrial has just as much footage as the other owners. Sometimes people do not get the whole story before signing a petition. The Charter FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 6 currently states that if that is the situation, all five members need to agree. This is a substantial change and he is not questioning the decision-making ability of anyone on the Council, but he is concerned. The City Charter is the constitution for the City of Fridley and there are no small changes. Mr. Burns stated that several years ago, during the Locke Lake project, there were concerns about the primary assessees and secondary assessees. This Charter change will apply to that kind of situation as well. Councilmember Barnette asked Mr. Gordon if he remembered any circumstance in the past where Council had to vote in this situation. Mr. Gordon stated that he did not. Councilmember Barnette stated that the Charter Commission has done good work and he would be in support of this amendment. Mayor Lund asked Mr. Knaak if he had anything to add. Mr. Knaak stated that it is a substantive change. It would be more consistent with other cities and with what the State Statute provides for. Mr. Burns stated that in the Locke Lake example where a Councilmember felt he or she had a conflict of interest and would not vote, would that automatically prohibit going ahead with the assessment project? Mr. Knaak stated that elected officials and Councilmembers take a very conservative view of what a conflict is. In reality, it is not a conflict unless you were to receive any immediate financial benefit. Even then, it is possible to vote if all Councilmembers agree that the member could vote. Mr. Burns asked if the motion would not pass if a Councilmember abstained from voting due to personal feelings. Mr. Knaak stated that it would be substantially a"no" vote. Councilmember Bolkcom asked what would prevent a City Councilmember from abstaining from the voting process. There could be a deadlock. Councilmember Billings stated that it had to be an assessment and there had to be less than 50% of the people wanting to accept the assessment. Councilmember Bolkcom stated that they just held a neighborhood meeting dealing with a street project for ne�t year. Whether or not the City gets all the signatures, at some point the street project has to be decided upon. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 7 Mr. Gordon stated that with the four-fifths voting requirement, they felt they were covering the bases for one Councilmember not voting. Mayor Lund stated that he believes the Charter Commission has done their research. Councilmember Bolkcom stated that if one Councilmember was out for medical reasons, this new change would help in that situation. Mr. Knaak stated that was correct. Councilmember Billings stated that it is likely he will support this, but any change is important. This could have more impact on a Councilmember that wanted to abstain and he is more swayed by the possibility that a Councilmember could be on an e�tended sick leave or something and unable to vote. He is not swayed by the reasoning that this would make it easier for the City Council. The Charter is not here to make life easy, but to make sure the citizens are fairly represented. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:06 P.M. 13. CONSIDERATION OF A REZONING REQUEST, ZOA #01-02, BY BOBBY TAYLOR, TO CHANGE A DWELLING FROM R-1 SINGLE FAMILY, TO R-3 MULTIPLE FAMILY, GENERALLY LOCATED AT 401 IRONTON STREET N.E. (WARD 3): MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:06 P.M. Mr. Bolin stated that this request is to accommodate the number of units and density desired to operate a rental sober house. This property was platted in 1966. In 1976, the previous owner, Ms. Norma Wilson, obtained a special use permit that with provisions to modify the structure for a second dwelling unit. In 1999, the City became aware that the property had been converted into three distinct units and two additional sleeping rooms in the basement. In November of 1999, Ms. Wilson made the application for a rezoning. Staff inspected the home and found the home in serious disrepair and out of compliance with building, fire, and electrical codes. There were still tenants occupying the basement and third floor attic. After inspection, Ms. Wilson withdrew her rezoning request. In February of 2000, another new tenant introduced herself to City staff and indicated she moved into this building. She said she was representing Ms. Wilson and requested information regarding inspections. The owner was only supposed to have two units at that time. In March of 2000, the City held a hearing about the revocation of Ms. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 8 Wilson's special use permit. She was to vacate all portions of the home, as she no longer had a rental license and the City needed to assure the safety and well being of the tenants. Ms. Wilson was ordered to bring the building up to code compliant condition and work with a licensed building contractor with the necessary permits being issued by May 8, 2000. Ms. Wilson failed to meet these requirements and the special use permit was unanimously revoked. Accordingly, it returned the property to its original single family status. Mr. Bolin stated that in the summer of 2000, Ms. Wilson put her property on the market and the City answered many calls from prospective buyers and realtors. Everyone who called was instructed that the property was zoned for use as a single family home. In March of 2001, Mr. Taylor contacted the City and requested inspection of the property in order to obtain a rental license. Staff inspected and noted major remodeling without permits with three distinct units with nine to eleven people living on this site. Mr. Taylor was informed that he had no legal rental unit and was told to reduce the number of persons living there to five. Mr. Taylor has proceeded forward with the rezoning request. No building or electrical permits have been taken out on this property since 1976. Mr. Bolin indicated that rezoning is a discretionary grant on the part of the City and the City must decide whether or not a request is in keeping with the overall vision and best interests of the City. The December 1999 inspection revealed that construction was not adequate to allow additional units and the March 2000 inspection revealed many health, safety and welfare issues. This request fails to meet the three criteria required for rezoning. The first is compatibility with the proposed use with the Comprehensive Plan. The second criteria is compatibility with adjacent uses. R-3 zoning would increase the density and traffic. There is no appropriate parking on this site and to enlarge the parking area would drastically change the character of the neighborhood. This would also allow removal of the single family home, replacing it with an apartment building. The existing home does not meet the setback requirements for the R-3 zoning district with the side yard setback to the east or parking. Mr. Bolin stated that at the June 6 Planning Commission, a motion was made to deny the rezoning request. That motion passed unanimously. Staff recommends denial of this request as it is not in conformance with the City's Comprehensive Plan, would increase density beyond R-1 standards, and would require a larger parking lot. The petitioners have requested that this item be delayed until the second meeting in 7uly. Mayor Lund stated that the letter from the petitioner's attorney requesting a continuance will be entered into the record at this time. MOTION by Councilmember Bolkcom to receive the letter dated 7une 18 by Karen Marty. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the County would alert anyone that the zoning for this property is not R-3 at this time. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 9 Mr. Bolin stated that Council actions, special use permits, variances, and plats are all recorded at the County. Councilmember Bolkcom asked Mr. Bolin for an update on the work that has been done on the home. Mr. Bolin stated that the bathroom on the second floor was inspected in 1999 and the floor was rotting around the toilet and shower. New flooring has been installed but without the benefit of inspections, it is not known if the floor joists underneath are intact. In March, Mr. Taylor was told he needed building permits for rental property pulled by licensed contractors. It was not until this morning that a licensed contractor came in for a permit. It is hard to tell if things have been fixed or covered up with electrical, plumbing and flooring. Councilmember Bolkcom asked how the duplex that is already in the neighborhood fits in with the comprehensive plan. Mr. Bolin stated that the two properties to the west of the petitioner's home function as duplexes. They meet all the requirements for a duplex. To the south, the property at the corner of East River Road has four units and has been there a number of years. To the east there is a four-plex that is very residential in character. Everything else in that area is zoned R-1. Councilmember Bolkcom asked if this could be an area mentioned in the Comprehensive Plan that could be zoned R-3. Mr. Bolin stated that there were other areas in the City that were identified as expanding the City's R-3 district but nothing in this area. Councilmember Bolkcom asked Mr. Knaak if the rezoning to R-3 could allow an apartment complex at some point in time, should we look at what is there now or what could be there after a rezoning? Mr. Knaak stated that all future possible uses on the rezoning needed to be considered. Councilmember Billings stated that all the prior history was not intended to color the property itself as bad, but to lay the foundation for all the structural problems that were there. Mr. Bolin stated that was correct. Councilmember Billings asked Mr. Bolin if a rezoning could go to R-2 to allow two units in the home. Mr. Bolin stated that is a possibility, but it may raise spot zoning issues. Councilmember Wolfe asked if they still had to work with building inspectors regarding the remodeled bath. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 10 Mr. Bolin stated that they do need to uncover as much sheet rock or flooring as necessary. Councilmember Bolkcom asked if the only reason that the inspection has not been done yet is because we are waiting for the permits to be pulled by a licensed contractor. Mr. Bolin stated that was correct. Mr. Burns asked how often the structural condition of the house has a bearing on recommendation of denial. Mr. Bolin stated that the actual rezoning is unusual but the City staff who went through the home in 1999 had major concerns for anyone living in the structure. This home does not meet the criteria for rezoning because of the land use not being compatible to the neighborhood. Councilmember Bolkcom stated that the reasons for compatibility and the Comprehensive Plan were very clearly laid out by Mr. Bolin. Ms. Karen Marty, Attorney for Robert and Cathryn Taylor, stated that two underlying themes keep coming up. The previous property owner did not do a good job of taking care of the property. This property itself became dilapidated and staff does not know if it has been fixed. The Taylors are requesting a continuance to address those two items. The zoning issues are important but they would like to address the building permit process. The Taylors are ignorant about some of the things that are taken for granted. The second Council meeting of 7uly would give the Taylors time to get the building permits, rip up the floor, and show they did do the work, and have a chance to correct any deficiencies. Mayor Lund asked if the deficiencies in the property were told to the Taylors at the time of the sale and that a rezoning would be necessary. The petitioner may or may not get the rezoning after repairs because it may not be compatible. Ms. Marty stated that they do understand that. They want to get the home fixed up even if it is a single family dwelling. They were told by the realtor that the property was a duplex and zoned R-2. They addressed the life safety issues to renew the rental license without realizing they needed to get a building permit and then applied for the rental permit. Mr. Bolin stated that the origina160 days will be up July 3. Mayor Lund asked if there were any legal problems to accept the request for the delay. Mr. Knaak stated that the City could request with written notice providing an additiona160 days, if the party then subsequently waives or provides a waiver of record to go beyond that. Councilmember Bolkcom stated the rezoning request would be tabled. Mr. Knaak stated that would be correct. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 11 Mr. and Mrs. Marie and Scott St. Arnold, 350 Ironton, stated that they like the quiet neighborhood and are concerned about the property due to the experience before. Six calls were received by other neighbors with the same concerns. A sober house is an honorable idea, but the Taylors do not even homestead the property and this is where they live. Councilmember Bolkcom asked if five unrelated people could live in this home until the necessary corrections are finished. Mr. Bolin stated that was correct. Mayor Lund asked about the other neighbors' concerns. Mr. Bolin stated that he received six calls before the Planning Commission meeting and all were in agreement with the St. Arnolds. MOTION by Councilmember Bolkcom to continue this item. Seconded by Councilmember Wolfe. MOTION by Councilmember Bolkcom to amend the motion to continue this item until July 23. Seconded by Councilmember Wolfe. Ms. Marty stated that they have no objection to e�tending this to the second 60-day period provided by the Statute. Mayor Lund asked when the second 60-day period would start. Mr. Bolin stated that would be on July 3. Councilmember Billings stated that they are all in agreement with this. They are not trying to make it difficult for people to remodel and this e�tension is at the request of the petitioner and not a request by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. FIRST READING OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER: MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 12 15. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA #01-02, BY BOBBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREET N.E.) (WARD 3): MOTION by Councilmember Bolkcom, to table consideration of this item, ZOA #01-02, in order to ascertain the necessary information to fully examine and study the request, and to e�tend the review period for City Council action an additional 60 days. Staff will notify the petitioner in writing of the 60-day e�tension as soon as possible. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that this would give more time to consider the request from Mr. and Mrs. Taylor's attorney and receive more information by July 23. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. SPECIAL USE PERMIT REQUEST, SP #01-05, BY RICHARD AND LAURA WOLFE, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 960 HATHAWAY LANE N.E. (WARD 2): Mr. Bolin stated that the petitioners are seeking a special use permit to construct a 600 square foot accessory building at 960 Hathaway Lane. The total square footage of all e�sting proposed accessory structures on this site is 1,040 square feet, which is 360 square feet less than the total allowed by Code. The proposed garage will be directly behind the e�sting garage. The Planning Commission approved this at their 7une 6 meeting. Staff recommends approval with six stipulations. Councilmember Billings asked how many special use permit applications for secondary structures in Fridley are received on an annual basis. Mr. Bolin stated that there probably are 15 to 20. Councilmember Billings asked how many have been approved and how many have not been approved. Mr. Hickok stated that he could recall one that was not approved since 1994. Councilmember Billings stated that from a practical standpoint, this is merely complying with the requirements of the code that in a single family zoning, a second garage needs City permission, but is not unusual. Mr. Hickok stated that the one that was denied was because of size. Councilmember Billings stated that there is nothing special about the special use permit. We are not going out of our way to do something for Councilmember Wolfe that we do not normally do. It was unanimously approved by the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 13 Councilmember Wolfe asked about the previous size issue that was denied. Mr. Hickok stated that it was a combination variance and special use permit request. Councilmember Barnette asked it Councilmember Wolfe and his wife understood all the stipulations. Councilmember Wolfe stated that they did. MOTION by Councilmember Billings to approve the SP #O1-OS with the following six stipulations: 1. Petitioner shall install code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with e�sting home and finished with a complementary side and color scheme. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that only one family showed up for the meeting on the Springbrook Creek The decision will not be made until more information is obtained about drainage. The St. Arnolds have worked out a plan with Jon Haukaas. She would ask the City Manager to send Mr. Haukaas a letter that states that due to lack of participation, a"do nothing" policy is proposed. She said that five people showed up for a street reconstruction meeting. They are waiting for more petitions from the neighborhood. Councilmember Wolfe stated that he was impressed by all the families that showed up for `49er Days. Councilmember Barnette stated that Safety Camp is ne�t Tuesday and Wednesday, June 26 and 27. Please call the City if you desire more information. Everyone is invited to see this wonderful program. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 14 Mayor Lund thanked the Fire Chief, Mr. McKusick, and his wife and the `49er Days Committee members for all of their hard work on `49er Days. He would like to thank the Pageant Committee and Diane Hershey for a first-rate pageant. The Fridley Lion's Club had an excellent parade. The City newsletter is out so please read it and stay informed. Councilmember Bolkcom stated that there is a farewell gathering for the Superintendent of Columbia Heights, Mr. Behlow, from 5:00 p.m. to 7:00 p.m. on Tuesday, June 26. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 18, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:57 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor