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08/23/2010 - 29316CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 23, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Deb Skogen, City Clerk Fritz Knaak, City Attorney Mark and Janet Kreutter, 5916 Second Street NE PRESENTATION: Mark Daly presented the Kids After School Programs available through the City of Fridley. ADMINISTRATIVE APPEAL: Abatement Appeal of Mark and Janet Kreutter, 5916 Second Street N.E. (Ward 3) Mayor Lund said that the purpose of tonight's meeting is not to present additional information. The record is established and Council's purpose under the appeals process is to review information from the Appeals Commission hearing, the official record. Mayor Lund said he had reviewed the tape from the hearing and made some notes. As Council proceeds forward with the process, unless there is something new, he would restrict bringing up additional information. If Mr. and Mrs. Kreutter are not satisfied with the results of tonight's action, they would need to move on to the ne�t step according to law. If Council has questions for clarification, please limit discussion to that question. Scott Hickok, Community Development Director, said this is an appeal of staff's decision to request abatement of a structure that was not permitted by code nor had a building permit. The owners were asked to remove the structure from the site. This is not the only accessory structure of this type where owners were notified and had to remove the accessory structure. In this case the owners chose to have a hearing before the Appeals Commission which created the official record and sworn testimony for the record. The action before Council is to consider the record and decide whether to affirm or deny staff's position or allow modification of a new position. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 2 Councilmember Bolkcom asked for clarification that as a Council they review the tapes and the minutes from the Appeals Commission meeting and the findings of fact. After review Council can affirm, repeal or modify. Fritz Knaak, City Attorney, said that is correct. Councilmember Bolkcom said if Council affirms the action, the City shall abate the property after 20 days. Attorney Knaak answered yes. Councilmember Bolkcom added that this was in the Fridley City Code. Attorney Knaak answered yes. Mayor Lund said Mr. and Mrs. Kreutter did a good job at presenting their case. They submitted reasonable and valid questions about other products and sheds. He said through this process, he thought Mr. and Mrs. Kreutter were the victims. It is assumed that items sold at local stores should meet City building codes. It is logical that people would make assumptions if they buy something at a store it should be permissible and would meet City standards. Unfortunately it isn't. Although Mr. Kreutter has done a great job on securing the building to withstand winds, it still is not up to code. Mayor Lund said that many people think "this is my private property and I can do what I want" but there are building codes to adhere to. The Kreutters' shed is large, 12' x 20', which is in excess square footage and requires a building permit. If the Kreutters would have gotten a permit, they would not have gotten to this point as staff would not have issued a permit. This building is said to be a temporary structure which it is designed for 180 days. The accessory structure has been there in excess of 4 years. Mayor Lund said that the Kreutters are not the only people in the City who have built an illegal shed. Many sheds do not require a building permit but need to be built to a standard code. Councilmember Bolkcom said that she met with Mr. Kreutter after the Appeals Commission meeting. This is all new for her, and she led the Kreutters to think they could speak tonight. She apologized for the incorrect information. If Council affirms the decision, Mr. and Mrs. Kreutter have 20 days to remove the structure. Mark Kreutter said there is another shed behind the storage unit and they would like to take things out of there, put them into the temporary structure, remove the other shed, apply for a permit and build a new permanent shed on the existing pad. Mayor Lund said normally in 20 days the structure would need to be removed but it is up to Mr. and Mrs. Kreutter. If they are going to exceed the 20-day time frame, there needs to be movement to getting a building permit and working with staff on what will be constructed. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 3 Councilmember Bolkcom said the City Code says 20 days, but she was wondering if an e�tension would be permissible as long as they are working on it. Attorney Knaak said 20 days is the ordinance but Council has the authority to affirm and authorize, for example, 30 days if is determined by staff that progress has been made, or wait 40 days, etc. Staff does needs to be prepared if there is no progress on the site. Councilmember Bolkcom asked Mr. Kreutter if he had looked into the cost of building an accessory structure. She would like to propose affirmation with modification; within "x" days the structure has to come down or show that other work is happening. Attorney Knaak said Council can affirm the decision but have stipulations to waive the 20 days and allow an additional "x" number of days provided the following: apply for a building permit to create a new building on the property, etc. It is important to be specific so if the stipulations are not met, then staff can certify it has not happened and the City can take the ne�t step which would be to abate. Councilmember Bolkcom asked if the abatement would have to come back to Council or if staff could just do the abatement. Attorney Knaak said staff can document the non-compliance and do the abatement without coming back to Council. Mayor Lund said that would work and would not create a larger hardship than what the Kreutters have already experienced. The waiver could read something like up to 40 days to remove the structure, and/or if the decision is to put up another accessory structure the temporary structure could stay up longer with a clear understanding it would house the items during construction. Councilmember Bolkcom asked if it would be reasonable to require Mr. and Mrs. Kreutter to apply for a permit and start construction within 40 days with completion of the structure by the end of the year. Mr. Hickok said staff would appreciate dates for the application of the building permit and timeline for completion. If the benchmark timelines were missed it would be up for abatement. If Council would like it done before the end of the year, that would be fine. Councilmember Bolkcom asked if the timeline of applying for a building permit within 20 days, start building within 40 days, completing work by the end of the year and including taking down the temporary structure would work. Mr. Hickok said the building must meet code requirements. Because the foundation is already in place, it may be more complex and can sometimes be difficult. Mr. and Mrs. Kreutters may need more time for a building permit. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 4 MOTION by Councilmember Bolkcom to modify the motion reviewed in the record and affirm that the e�terior public nuisance exists and waive the 20 days for immediate abatement providing the following: 1. Apply for a building permit within 40 days. 2. Start the accessory structure within 60 days. 3. Finish the accessory structure by December 31, 2010, with the removal of the tent or temporary structure. 4. Any failure of any of these items, staff shall immediately abate the property. 5. Staff will send a letter with these dates summarizing Council's actions to Mr. and Mrs. Kreutter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 12, 2010. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of July 21, 2010. RECEIVED. 2. Variance Request, VAR #10-05, by HDR Architecture, Inc., for Unity Hospital, to Reduce the Parking Stall Width Size from 10 Feet to 9 Feet Throughout the Unity Hospital Campus, Generally Located at 550 Osborne Road N.E. (Ward 1). William Burns, City Manager, said Unity Hospital is requesting that the required parking stall size for their new campus be reduced from 10 feet to 9 feet. The reduced width of the parking stall will allow for more parking stalls within close pro�mity to hospital entrances and bring accessible parking stalls into full compliance with the current code. The revision will apply to all parking lot areas on the Unity Campus including those for the Professional Building and the Fridley Medical Center. The change to 9 foot stalls is consistent with recent allowance of 9 foot stalls at Totino-Grace High School, Cummins Power Generation, Columbia Park Medical Clinic, and Cub Foods. The Appeals Commission considered this at their August 4 meeting and voted unanimously to grant the request. Staff recommends Council's approval with six stipulations. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 5 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Claims. APPROVED CLAIMS 147287 — 147604. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF AGENDA: Councilmember Bolkcom asked that Item No. 2 be removed from the Consent Agenda. MOTION by Councilmember Bolkcom to approve the Consent Agenda with the removal of Item No. 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to Adopt the Agenda with the addition of Item No. 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom invited residents to Art at Rice Creek on September 12 from 10 a.m. to 4 p.m. at the Banfill-Locke Center. NEW BUSINESS: 2. Variance Request, VAR #10-05, by HDR Architecture, Inc., for Unity Hospital, to Reduce the Parking Stall Width Size from 1- Feet to 9 Feet throughout the Unity Hospital Campus, Generally located at 550 Osborne Road N.E. (Ward 1) Councilmember Bolkcom said she was concerned because another facility will be authorized with no 10 foot stalls. She asked if any stalls would be 10 feet wide. Scott Hickok, Community Development Director, said the new layout will create a better pedestrian opportunity to put the right customers closest to the door. There is a pod of wide handicap parking and convenience parking for pharmacy in and out type traffic close to the building. The steps were removed to make it an easy incline into the building and a pleasant entrance. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 6 Councilmember Bolkcom said people using the handicap area would require a handicap sticker and some people in wheel chairs do not have one. Mr. Hickok noted that there is the emergency entry to drop off patients. There is also a drive- through loop to bring the patient right to the door. Councilmember Barnette asked how wide the handicap parking stalls were. Mr. Hickok said they are closer to 13 feet. Councilmember Bolkcom asked if they are providing spaces beyond what the code needs are for green space. Mr. Hickok said there is an elaborate landscape plan and the clinic will have twice the code requirement. It is a nice opportunity for the hospital and they will enhance the parking lot with e�ra landscape. Councilmember Bolkcom said it is not a hardship that the hospital is putting in e�tra green space. Shawn Brenny, HDR Architecture, Inc., said this creates more storm water runoff and more ponds that currently are not on site. Increasing parking stalls to 10 feet would take e�tra spaces and not allow for ponding. The current handicap stalls are not up to standard but will be after bringing them to 13-foot stalls. Councilmember Bolkcom asked if they would have to put in 13-foot handicap stalls anyway with the resurfacing. Mr. Brenny said no, if there is just a mill and overlay the parking lot can be re-striped as it sits today. Mr. Hickok said the most recent addition was the clinic and that had its own site consideration for parking. On the western edge, there is new parking that is part of the clinic. The last special use permit would govern parking there and they did what was asked. They came up with a parking plan. MOTION by Councilmember Saefke to approve Variance Request, VAR #10-05, by HDR Architecture, Inc., for Unity Hospital, generally located at 550 Osborne Road N.E. (Ward 1). Seconded by Councilmember-at-Large Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 7 PUBLIC HEARINGS: 5. Consideration of the Removal or Repair of a Hazardous Building Located at 1280 52nd Avenue N.E. (Ward 1) Scott Hickok, Community Development Director, said the building was taken down so Council does not need to consider this as a hazardous structure. MOTION by Councilmember Saefke to cancel the public hearing to consider the removal or repair of a hazardous building located at 1280 - 52nd Avenue N.E. (Ward 1). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Consideration of a Text Amendment Request, TA #10-01, by Voigt's School Bus Service, Inc., to Allow Parking of Fleet Vehicles in the M-1, Light Industrial, and the M-2, Heavy Industrial Zoning Districts, Generally Located at 7600 Central Avenue N.E. (Ward 2) (Continued August 9, 2010). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:45 P.M. Scott Hickok, Community Development Director, said petitioner is seeking a te�t amendment to add language to the M-1, Light Industrial District, and the M-2, Heavy Industrial District, that would allow parking of fleet vehicles as an accessory to the principal use on a lot, provided specific code requirements can be met. Voigt School Bus Service, which is currently located at 1240 Osborne Road, is in the process of purchasing the subject property at 7600 Central Avenue from Anderson Trucking. Petitioner would like to expand their business onto the subject property. Petitioner plans to store small buses of approximately 12,000 lbs. on the subject property. The storage of the vehicles will be in the side and rear yard of the lot, alongside or behind the existing building. Mr. Hickok said petitioner has initiated the proposed te�t amendment. The City currently does not allow parking of fleet vehicles by right and in most instances we would currently consider the parking of these vehicles "outdoor storage" and would require a business to get a special use permit. Over the last several years, staff has been approached by businesses looking to move into Fridley that have the need to park their fleet vehicles overnight or staff has come across businesses that are already in operation in Fridley that have some type of parking of fleet vehicles that are used during the day and parked on site at night. Mr. Hickok said many of the industrial spaces that exist within the City may attract tenants that have the need to park fleet vehicles overnight. As long as certain conditions can be met, staff has FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 8 determined that these types of uses should not be discouraged. When Voigt Bus Service approached the City about purchasing the Anderson Trucking site to expand their operation, staff started evaluating how reasonable this type of accessory use would be for all of our industrial properties that are located in the M-1 and M-2 zoning districts. Mr. Hickok said staff has drafted an ordinance that would allow the parking of fleet vehicles that are related to the principal use (or business) on site as an accessory use, provided the following conditions can be met: 1. Vehicles shall be licensed and street operable. Ensuring that vehicles are currently licensed and operable eliminates the opportunity for junk vehicles to be stored on site. This in turn, will also prevent fleet vehicles from becoming an outdoor storage issue. 2. Vehicles shall be parked on an approved hard surface. City Code requires vehicles to be parked on an approved hard surface, such as concrete or asphalt, so this condition is just restating the requirement. 3. Vehicles shall be parked in the side or rear yard only. Requiring the vehicles to be parked in the side or rear yard only will prevent the vehicles from being parked in the front parking lot which is more visible from the public right-of-way. City code requires that all storage be limited to the side or rear yard, so this requirement is expanding off that. 4. Vehicles shall be under a gross vehicle weight of 26, 000 lbs. Petitioner provided staff with weighs of typical buses used for their business. Based on information provided, a typical school bus weights 26,000 lbs. Though the petitioner plans to store small buses on the subject property which weigh approximately 12,000 lbs, staff determined that the maximum size vehicle we would think is reasonable to be included in the "fleet vehicle" category should weigh under 26,000 lbs. Any vehicle larger would be more appropriately parked or stored in an M-3, Outdoor Intensive Heavy Industrial zoning district. 5. The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. If a particular business is required to have 20 parking stalls based on the office, manufacturing and storage space within the building, and the business needs to have 5 stalls for fleet vehicles, they would be required to have 25 parking stalls on-site. 6. The parking area shall be properly lit, with shielded and downcast lighting and properly secured. For security reasons it is important to have the area where fleet vehicles are parked lit and secured. Securing the area could be through the use of fencing, cameras, alarm system, etc. Mr. Hickok said staff has determined the conditions placed on the accessory use are necessary to meet the purpose and intent of the zoning ordinance. Accessory uses, are just that, accessory to the principal use of the property. Off-street parking is considered an accessory use, as is off- FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 9 street loading facilities and business signs for uses permitted. Staff would consider the parking of fleet vehicles an e�ension of the off-street parking accessory use as long as the conditions can be met. This type of accessory use would be considered reasonable to be allowed in the M-1 and M-2 zoning districts without causing disruption to the neighboring properties and uses. Mr. Hickok said staff finds the e�tension of the Voigt School Bus Service business onto the subject property with the parking of fleet vehicles as an accessory use would comply with the conditions set forth in the proposed te�t amendment. This re-utilization of the subject property will improve the overall condition of the property. By approving this te�t amendment, the City will bring into compliance several other businesses within the City. Mr. Hickok said as a result of this request, petitioner will be required to comply with landscaping requirements for the subject property. The site will require the installation of a total of 37 trees. Staff has agreed to allow the petitioner to install 15 trees now with the proposed improvements to the east side of the site. At the time the proposed grassy area to the west develops the additiona122 trees will need to be planted. Mr. Hickok said on July 21, 2010, the Planning Commission held a public hearing and unanimously recommended approval. City staff recommends concurrence with the Planning Commission. The property will be updated by hard surfacing the area in which the vehicles are parked or driven. Petitioner plans to control the water run-off by complying with any requirements set-forth by either the City or the Rice Creek Watershed District. They also plan to add green space to the west side of the lot, which is currently gravel. At some time in the future, petitioner would like to construct a building at this location for the storage of their buses. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. 7. Consideration of the Revocation of Special Use Permits: SP#03-24 and SP #10-03 (Continued August 9, 2010). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:51 P.M. Scott Hickok, Community Development Director, said at the last meeting this was tabled because Council wanted more information. In the case of the Special Use Permit, SP #03-24, staff inet with the owner of Wallboard and through discussion it was clear their intensions are to construct a building that will take care of a lot of outdoor storage. By the end of the 36-month period, they will have the rest of the outdoor storage addressed. They plan to move ahead with FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 10 the first building and are excited to move forward with this three-year plan. Staff recommends Council revoke the license and allow them to work with their three-year plan. Staff thinks this is a good working solution. Councilmember Bolkcom said that she did not understand the wording. Mr. Hickok said the plan ends in September of 2012 so this says a few months before it ends, they need to apply for a special use permit for any outdoor storage that still exists. They could build all the buildings, but staff wanted to make sure by the time the 36 months are up there are no outstanding issues. Councilmember Bolkcom asked how staff was going to prevent this from happening again. Mr. Hickok said this business has the most outdoor storage right now. Staff is at a good place right now with industrial properties. People are either getting a SUP or removing outdoor storage. This process is easier now when field observations are done, it helps stay on top of it. On the anniversary of the special use permit, staff is checking up on properties and if they are not in compliance, they will be back before Council. Councilmember Bolkcom asked how many times e�tensions should be allowed. Mr. Hickok said that there is one on the agenda asking for three months and usually they are asked for because of very good reasons. Brian Graskow, Wallboard Inc., said they have been working with Mr. Hickok for the last year. Mr. Hickok has been very accommodating and understanding of our situation. We intend to have the first building up within 4 to 6 weeks. Mr. Hickok said Blue Water Properties/Anderson Carpet said they had the special use permit for outdoor storage. Staff was concerned about compliance in getting the screening in. This was done and the stipulations have been met, so staff is no longer asking for the special use permit to be revoked. Petitioner chose landscaping to screen the storage. Councilmember Bolkcom asked if the special use permit for Blue Water Properties would need a motion. Mr. Hickok said they are not recommending revocation so it would not need a motion. Attorney Knaak said that is correct. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:13 P.M. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 11 OLD BUSINESS: 8. Resolution Revoking Special Use Permit, SP #03-24, for Wallboard, Inc., to have Exterior Storage of Materials in an M-2 Zoning District, Generally Located at 5346 Industrial Boulevard (Ward 3) (Tabled August 9, 2010). MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-55. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. First Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Requiring a Holiday Endorsement for the Sale of On- and Off-Sale 3.2% Malt Liquor and On-Sale Intoxicating Liquor and Chapter 11 Setting the Fee for the Holiday Endorsement. Debra Skogen, City Clerk, said local intoxicating liquor establishments have requested the City change its hours on December 24 and 25 to allow for the sale of intoxicating liquor to enable them to compete with other establishments in other communities that are open. Staff inet with Council in July to discuss this issue and drafted an ordinance based on the discussion. Ms. Skogen said that the Ordinance proposes the following in Sections 602.09; 603.11 and 606.11: • "No sale may be made between the hours of 8:00 p.m. December 24 through 2:00 am. December 26 without a Holiday Endorsement. • A Holiday Endorsement allows an establishment to sell 3.2% malt liquor and on-sale intoxicating liquor during the hours listed above. • One Holiday Endorsement would be issued for the full time period (covering both days). Ms. Skogen said in addition, for those establishments holding a joint on-sale 3.2% malt liquor and on-sale wine license, they may apply for one holiday endorsement to cover both licenses. To cover the cost of the additional staff needed to cover these hours, Chapter 11 would be amended to reflect a$100 fee for a Holiday Endorsement. Letters were mailed to all liquor establishments notifying them of the meeting and the ordinance. Staff recommends Council discuss the issue and, if in order, hold the first reading of the ordinance. MOTION by Councilmember Bolkcom to move into record a fax received from Tom Tomaro, Owner, G.B. Leighton's Pickle Park Seconded by Councilmember Barnette. Mayor Lund said this does not address the 2 a.m. to 1 a.m., but talks about holiday hours. If people have the endorsement from 1 a.m. to 2 a.m., it is in a different section. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 12 Ms. Skogen said this would allow people to be open until2 a.m. Don Abbott, Director of Public Safety, said State law makes it clear no liquor sale shall occur after 2 a.m. Mayor Lund asked if the wording should be changed. Chief Abbott said the State authorizes with local permission and people can sell between 1 a.m. and 2 a.m. State law works with City ordinance and has language that is enforceable. If Council wants it to be worded more specific, that can be done. Mayor Lund said in Sections 602.09, 603.11 and 606.11, it is clear to change from 2 a.m. to 1 a.m. but in other places there is a separate section talking about the 2 a.m. endorsement. Ms. Skogen said language could be added stating that unless you already have a late night endorsement then you may be able to be open until2 a.m. Mayor Lund said that those changes could be made for the second reading. Councilmember Bolkcom said it needs to be made clear why people need to pay an additional fee. Mayor Lund asked if the fee would offset the increased police presence. Councilmember Bolkcom asked if $100 was enough. Chief Abbott said officers get time and one-half and additional officers are on double time. Councilmember Bolkcom asked if the $100 was for both days. Ms. Skogen said that is correct. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Certifying Proposed Tax Levy Requirements for 2011 to the County of Anoka. MOTION by Councilmember Barnette to table the Resolution Certifying Proposed Tax Levy Requirements for 2011 to the County of Anoka. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 13 11. Resolution Adopting the Proposed Budget for the Fiscal Year 2011. MOTION by Councilmember Bolkcom to table the Resolution Adopting the Proposed Budget for the Fiscal Year 2011. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act (Calendar Years 2011 through 2020). Scott Hickok, Community Development Director, said the City has been involved with this act and has been entitled to take advantage of some incentives. Mayor Lund said there is a tradeoff for everything. The City will qualify for grants and loans, and the tradeoff is to commit to the amount of affordable housing goals. Councilmember Bolkcom said just because Council passes the resolution does not mean all of a sudden Fridley will have all this affordable housing. Mr. Hickok said this would be new homes. MOTION by Councilmember Barnette to adopt Resolution No. 2010-56. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Consideration of an Extension for Special Use Permit, SP #09-05 for LAI Midwest for Limited Outdoor Storage on the Property, Generally Located at 7645 Baker Street N.E. (Ward 2) Scott Hickok, Community Development Director, said LAI Midwest is asking for an e�tension of three months which would allow them to meet all the stipulations on their special use permit. Staff is confident the project will be complete in three months. Councilmember Varichak asked how many e�tensions Council should allow. Mr. Hickok said that is Council's decision. Staff is obligated to bring this forward. This is the first e�tension for LAI Midwest as they ran into unique circumstances. Fritz Knaak, City Attorney, said it would be appropriate to approve this request. FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 14 MOTION by Councilmember Varichak to approve the e�tension for Special Use Permit, SP #09-OS for LAI Midwest for Limited Outdoor Storage on the Property. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Varichak to adopt Resolution No. 2010-57. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Informal Status Reports. Councilmember Bolkcom said she survived the 60-mile, three-day walk for breast cancer. She thanked all those who supported her. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:10 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor