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CCM 07/14/2014 CITY COUNCIL MEETING CITY OF FRIDLEY JULY 14, 2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:03 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director, James Kosluchar, Public Works Director Duane Waldoch, 7340 Central Avenue Christopher Clos, A-ABCO Recycled Auto Parts PROCLAMATION: Night to Unite - August 5, 2014 SERVICE REPORT: 2014 Fridley Safety Camp APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 23, 2014. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of June 18, 2014. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 2 2. Resolution Approving Final Plat, P.S. #14-03, and Removing Reserved Drainage and Utility Easements by Trident Development, LLC, on Behalf of the Property Owner, the City of Fridley’s Housing and Redevelopment Authority, to Allow the Redevelopment of the Properties Commonly Known as “Gateway NE”, Generally Located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue N.E. (Ward 1) ADOPTED RESOLUTION NO. 2014-44. 3. Special Use Permit Request, SP #14-04, by Walker Sign Holdings, LLC; d/b/a Lawrence Sign, to Allow an Electronic Changeable Sign, Generally Located at 7451 East River Road N.E.; and Resolution Approving Special Use Permit, SP #14-04, for Walker Sign Holdings, LLC; d/b/a Lawrence Sign, on Behalf of Realty Income Properties 3, LLC, the Property Owner of Super America, Located at 7451 East River Road N.E. (Ward 3). APPROVED AND ADOPTED RESOLUTION NO. 2014-45. 4. Resolution Approving and Authorizing Execution of State of Minnesota Agency Agreement between the Department of Transportation and City of Fridley for Federal Participation in Construction Engineering for S.P. 127-591-002; M.P. SRTS 0212(088). APPROVED AND ADOPTED RESOLUTION NO. 2014-46. 5. Resolution Approving and Authorizing Execution of State of Minnesota Agency Agreement between the Department of Transportation and City of Fridley for Federal Participation in Force Account for S.P. 127-591-003; M.P. SRTS 0212(088). APPROVED AND ADOPTED RESOLUTION NO. 2014-47. 6. Approve Change Order No. 1 for Street Rehabilitation Project No. ST2014-01. APPROVED. 7. Approve Perpetual Ponding, Storm Water Drainage, and Access Easement between the City of Fridley; Allina Health Systems, d/b/a Unity Hospital; and North Suburban Hospital District; and FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 3 Approve Storm Water Maintenance Agreement between the City of Fridley; Allina Health Systems, d/b/a Unity Hospital; and North Suburban Hospital District (Ward 1). APPROVED. 8. Approve Improvement Agreement between the City of Fridley, Metropolitan Transportation Network and Tashitaa Tufaa and Nediyo Sado, for the Property Located at 8260 Hickory Street N.E. (Ward 3) APPROVED. 9. Approve Storm Water Maintenance Agreement between the City of Fridley, and Tashitaa Tufaa and Nediyo Sado, for the Property Located at 8260 Hickory Street N.E. (Ward 3). APPROVED. 10. Approve Engagement Letter between the City of Fridley and Moss & Barnett, for Legal Representation Regarding the Proposed Transfer of the Cable Franchise Currently Held by Comcast Communications. APPROVED. 11. Appointment - City Employee. Wally Wysopal, City Manager, stated staff recommended the appointment of Michael Boettner as a Public Services Worker in the Parks Division. APPROVED. 12. Claims (164417 - 164677). APPROVED. 13. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 14. Estimates. Astech Corporation, Inc. P.O. Box 1025 St. Cloud, MN 56302 2014 Street Rehabilitation Project No. ST2014-01 Estimate No. 2........................................................................$502,020.48 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 4 Sunram Construction, Inc. 20010 - 75th Avenue North Corcoran, MN 55340 Main Street Bike/Walk Project No. ST2011-22 Estimate No. 4..........................................................................$ 28,218.56 APPROVED. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom stated she had some questions on Item Nos. 4, 5, and 9. She asked with respect to Item 4, is the City was using its Engineering staff or hiring someone. James Kosluchar, Public Works Director, replied, the City is using its own staff for the design, construction, and administration of this project. Councilmember Bolkcom said with respect to Item 5, it states the City must designate a public employee registered engineer. Is that in-house? Mr. Kosluchar replied that is correct. It would most likely be Mr. Otteson. Councilmember Bolkcom asked on page 56 under "J", is that just a federal requirement where the City has to "report the names and total compensation of each of its five most highly compensated executives for the City.” Is that part of most federal agreements? What is the purpose behind that? Mr. Kosluchar replied he does not know the answer. Councilmember Bolkcom stated she understands the site plan and all of the discussion on pages 106 and 107 and then it was revised three times, the last time on May 27 and then on page 108, what does that have to do with the pages before that? Darcy Erickson, City Attorney, replied, page 107 reflects the plan set that the owner and developer had submitted to the City. The Assistant Public Works Director has reviewed those and sent comments back. As a result, on the plans set, they have to note when they have had revisions. The revisions had been partially in response to Layne Otteson's request for revisions on the underground storm water system. That is in Exhibit B. All of those development plans are now on file with the City. Exhibit B has been incorporated into the plans. Exhibit C is describing what is being sought there. Sometimes improvements will be public improvements, sometimes they are developer improvements for private use. All of these happen to be for public use. In other agreements, there would be check marks under all public. Councilmember Bolkcom asked, what does checked mean? FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 5 Attorney Erickson replied they are just checked because sometimes there may be another column where it lists public or it lists a check with development improvements. Councilmember Bolkcom asked and all the work in Exhibit B will be completed by October of this year. What happens if it is not? Attorney Erickson replied if they do not, there are remedies in the Agreement that allow the City to do it and then assess the property. MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Duane Waldoch, 7340 Central Avenue, stated he is a concerned landowner in the City of Fridley. He owns property adjacent to the Sam's Auto Salvage Yard. As they know, it looks real nice there now, but he is being held hostage between Fridley and Barry Hoosline. Mayor Lund asked Mr. Waldoch if he has a commercial property there. Mr. Waldoch replied it is a commercial piece of property. Mayor Lund asked what his business was. Mr. Waldoch replied it is on 7340 and 7350 Old Central. It is in between, so the addresses are goofed up. It is in between 73rd Avenue and 73 ½ Avenueon Old Central. There was a garage and a house which has been removed. Mayor Lund asked Mr. Waldoch whether he meant Barry Hoosline removed the house, etc. when he was doing the improvements. Mr. Waldoch replied he owned the property. They were never informed. He lived in New Brighton, he has lived in Mounds View, and he has lived in Fridley. Any time a change in zoning or to remove and take down pieces of property, the owner is usually informed; and they are informed through the mail by signed certified letter. Mayor Lund asked Mr. Waldoch whether he was the fee owner. Mr. Waldoch replied he has been through this with people within the City of Fridley. Mayor Lund asked if he was leasing the property to Mr. Hoosline. Mr. Waldoch replied it has been leased to Sam's Auto ever since 1982 when they purchased the FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 6 property. A verbal lease. Right now the reason he is being held hostage is Mr. Hoosline is using it. He said he is not getting what he was supposed to get for the property since Mr. Hoosline tore down the building as it was not usable anymore. He is not getting what they agreed to in the last couple years. He has seen his lawyer who says it is a very unusual thing. His lawyer talked to somebody and they said they thought Mr. Hoosline owned the property. Mr. Hoosline never owned the property. He has wanted to purchase the property. What was stated to somebody at the City is he had one more payment left to pay, and that was on his property that he owns, the initial Sam's Auto; and he was paying that to the person who owns Fridley Auto. Mr. Waldoch stated the City took it for granted that Mr. Hoosline owned his property. Mr. Waldoch's mother was alive until 2009, and she never got anything that was mailed. He has paid water bills on the property ever since 1982. He had a business that he ran out of there, too, a lawn business. He was contacted by the Police Department if somebody broke in or if there was a party at the house. In some way or another people knew that his parents or he was involved in the property. The only thing in her file was "this paper" that it is now with three lines of property owners, and it was checked off that Rose Waldoch supposedly got a letter. They never ever received anything. The last letter they received from the City was back when his mother was still in good shape, probably in 2006 or 2007, and there was a request to raise the fence height from 8 feet to 10 feet. They were going to fence in the house and use it for more storage. That was the only thing they were ever contacted for. They got a water bill. They got a sewer bill. Mr. Waldoch stated he cannot believe the City of Fridley does things that way. The lady in Zoning--it is not "friendly Fridley" with her. His lawyer said he has never seen anything like this. Mayor Lund stated that has been gone for quite some time. It seems a little unusual that the person Mr. Waldoch is renting the property to went ahead and made improvements and tore down something that is on Mr. Waldoch's property rather than getting his permission. Mr. Waldoch replied he okayed the house to be torn down. There was a five-year plan and, because they were not notified, Mr. Hoosline showed him parts of it. He said that if he did not tear down the house, they were not going to let him have his license because the license was renewed each year. Mr. Waldoch told him to tear down the house, but said he did not want the garage removed because he had grandfather rights as far as the distance from Old Central back on the cement garage. They tore down the house. He believed he did sign a demolition permit for the house to be torn down. He came by on a Sunday and he looked and two walls of the garage had been torn down. He looked around for Mr. Hoosline at that time and three days later found him and asked him about it. Mr. Hoosline said they would not let him keep his license if he did not tear that business down. From then on it was sort of, okay, they are putting up a fence, the fence is going around. The fence is much closer than that building ever was, and the fence is supposed to withstand 120 mph wind. Mayor Lund asked how long ago was that torn down. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 7 Mr. Waldoch replied it would have probably been 2010. He has talked to people since then. This is the first time he has addressed Council on this. He has talked to Deb, talked to the zoning person, and he has asked for the files. There is nothing in there. And Mr. Hoosline already had the fence up. It was last year he had the fence up. The recession hit and then all of a sudden there was no money. Mr. Hoosline spent all his money putting up the fence and then the recession hit, and that is when the rent went down. Ever since then, he is lucky if he is getting anything out of it. Mayor Lund stated to Mr. Waldoch, it sounds like he has more of an issue with his renter than the City. He assumes Mr. Waldoch has an issue with the City, saying the City never should have permitted or allowed the improvements to be made because they were on Mr. Wedlock’s property. Mr. Waldoch asked, if he was renting that piece of property and lived, i.e., in Arizona, and had no mailing and he all of a sudden comes up and there is a fence up. Now he has no access to his land, he has no building up, and he never got notified. He has watched things go on because Mr. Hoosline does want to buy the property. The only thing that happens now is the last time he talked to the Zoning lady, she said there is a possibility that Mr. Hoosline can continue his auto salvage with just the property he is on now. Nobody pulled a demolition permit on the house. As far as water and sewer, there should have been permits pulled on that. He should have been notified or his mother should have been notified. He kept a P.O. box for three years after his mother passed away just to see if anything came through in the mail. Mr. Hoosline has been honest with him as far as dealing with him. He hears that the City does not have to let anybody know. If somebody tries to change something, usually everybody within 300 feet is notified about the change. There was a zoning change. There should have been a public hearing, and they should have been notified on that. Mayor Lund ∫a sked Mr. Hickok if he cared to respond. Scott Hickok , Community Development Director, replied he would be glad to. As to the City not notifying anyone, that certainly is not true. He read a letter of March 28, 2007. He supervises Stacy Stromberg and other staff and knows Ms. Stromberg is very professional and very calm on the phone. They have had three or four identical requests of Mr. Waldoch for this same information and provided it. Mr. Hickok stated on March 28, 2007, a letter was written to Barry Hoosline, and Duane Waldoch was copied on the letter at an address given to the City. There was also a public hearing notice. Mr. Waldoch asked Mr. Hickok if he knew what address the letter was sent to. Was it sent to 7340 Central Avenue? The house had been gone and was for many years. Mr. Hickok replied that was the address given to the City for Duane Waldoch. Mr. Waldoch replied it should not have been. Actually, it should have been sent to his mother, as she was the owner of the property. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 8 Mr. Hickok replied the public hearing notice was sent on April 5, 2007. Rose Waldoch was given a copy of that as well. Mayor Lund asked what the address was. Mr. Hickok replied, 1228 - 13th Street South, New Brighton, Minnesota. They have no envelopes back saying that this mail had not been delivered. There are a lot of properties within 350 feet. The City does not send it certified. However, within 350 feet, they also sent it to Rose Waldoch. There are no City records or building permits for the single-family home at 7340 Central Avenue. It is suspected to be built prior to 1949. The site also contains a garage building at the corner of 73 ½ and Central (formerly a gas station). At some point in history, the gas station became a landscape business. In 1987, the owner of the landscape business received a special use permit from the City to allow exterior storage of materials and equipment. That special use permit was written in such a way that it was to expire when the landscape business ceased and was not transferable to the future owners. The landscape business ceased many years ago. Mr. Hickock stated staff is unsure when Mr. Hoosline began use of this property for his business which is owned by Rose Waldoch according to the Anoka County tax records. Duane Waldoch has indicated to staff that he has been deeded the property but has not filed papers with the County. He told staff Mr. Hoosline is purchasing the property from him on a contract for deed. The action taken letter relative to the public hearing went to Duane Waldoch at the address given, 7340 Central Avenue. There was no comment at the public hearing. There was no comment when this came before the City Council. Mr. Hickock stated now they are hearing there are problems with the tenant-owner situation. Staff knows Mr. Hoosline has asked for extensions on his five-year program, but that program did include building permits, it did include demolition permits, it did include all those things that were required. After this plan was approved though, the City does not go back to the owner with a demolition permit. Any contradiction or concern about this plan should have come out through the public hearing process and did not. Staff has provided the information to Mr. Waldoch and feels very comfortable about the fact they have been notified. At this point, he said he wants the record to be straight that the hearing was available to them. They could have commented at that time. There is no secret about it. They can get the full staff report if they like. It talks about them (the owners and the operators of the property) asking to expand their yard. It included the fence and it was designed and engineered accordingly, and it included the expansion of that area. There was also a variance that was required for the height of that fence. There was plenty of public discussion. Nothing was said until now. Mr. Waldoch stated there was never a mailbox at 7340. He does not know where staff got that address from. Mayor Lund asked Mr. Waldoch if that is the property of record that shows up on the tax statement? Mr. Waldoch replied, no, the tax statement is 1220, his mother's address. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 9 Mayor Lund stated the City has a record that she got a letter, too. Mr. Waldoch replied, as far as sending the letter to his mother, because it was important, it should have been sent certified mail. He asked why they did not send a registered letter to his mother and to him, because he assumed the property after his mother passed away, and his name is on the record. He lives right over in Mounds View. He paid the water bill until they tore the building down. Mayor Lund asked if the water bill went to his mother's address in New Brighton. Mr. Waldoch replied it went to him at a PO Box. There was never anything sent to the PO Box. He does not believe things were done correctly here. Yes, Mr. Hoosline did want to purchase the property. As far as a purchase agreement, you can sign a purchase agreement for anything but there was nothing there that came to owning the property. At the end of five years, his license is supposed to go towards buying the property; and now the property is worth $100,000 less taxwise than what it was when they were dealing with it eight years ago. That is because the buildings are gone and because the land property went down. He understands. Mayor Lund asked what he wanted from Council, other than to voice his opinion about things he feels were not done right. Mr. Waldoch replied he would like the Council to think about it. Think about if they owned a piece of property, they did not get a registered letter, and they were to assume to get a letter in the mail saying there was going to be these kinds of things done to the property. Mayor Lund replied if they were going to do that then they have to be fair and consistent and every piece of mail that goes to anybody at any address would have to be certified. Mr. Waldoch replied Mounds View and New Brighton do it. If there is something going on that is going to happen, you get a certified letter to sign if you are within 300 feet of the property. Mayor Lund asked what he wanted. Did he want an apology or remuneration? Mr. Waldoch stated he is looking to see if the Council thinks things were done fairly or not. Even a lawyer trying to talk to somebody here, they cannot get any kind of a straight answer. Mr. Hickok cannot show a registered letter being sent. It is checked off. Councilmember Bolkcom stated State Statute does not dictate that the City needs to send registered letters. She suggested he set up an appointment and talk with the City Manager if he feels he is not getting some answers. Mr. Wysopal replied he is certainly open to meeting with the public. Councilmember Varichak stated she talked with Mr. Waldoch just recently and she got some answers from Mr. Hickok and the City Manager this week and shared those answers with Mr. Waldoch and told him they were having a City Council meeting tonight. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 10 Mr. Waldoch stated he did not want to lose a possible person to purchase the land. He did not want to push Mr. Hoosline, and he had a license that was hanging over the top of his head so he had to get certain things done. Mr. Waldoch stated now he is being held hostage. Is the City going to uphold what they say— that Mr. Hoosline should purchase the property to maintain his license, or are they going to say he can maintain the property with what he has? Because that was part of the five-year agreement and, going through all this, to have the zoning changed to make one PIN number out of the whole piece of property to get everything all cleaned up. That was the whole jest of this whole deal. He thought that was great. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 15. Consideration of a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider Rezoning Property, Legally Described as Auditor Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued December 9, 2013). MOTION by Councilmember Barnette to reopen the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS REOPENED AT 7:56 P.M. Scott Hickok, Community Development Director,stated Council has discussed this item before. Staff initiated a request to rezone the property at 3720 East River Road. Currently what exists on the property is a building that had been a bar/restaurant. It has been vacant for a number of years. The City has seen over the course of the last 37 years a number of operations come and go and fail on this site. The City's position was it should be zoned M-2, Heavy Industrial, as the land around it was. Mr. Hickok stated the owner of the property at this time, Prime Security Bank, had asked the City Council if it would allow them until this meeting, July 14, 2014, to not change the zoning because they wanted an additional six months to try and market the land. Mr. Hickok stated they have now told the City they have a buyer who has plans to start construction in September. The buyer would be able to use the zoning as it exists. It is not a FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 11 bar/restaurant, although it is something that is permitted in the district. They have asked and staff is recommending at this time that the City Council hold open this hearing until a date in October to allow them to get through this. Staff has had very good discussions with them. It is something they have been talking about for a long time, and there have been a lot of negotiations. Mr. Hickok asked that this be moved to the second meeting in October. If they find the building has commenced and there is a building permit, they would not have to wait until that time. For the record it makes it cleanest if they got that date certain. MOTION by Councilmember Bolkcom to continue the hearing until October 27, 2014. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CONTINUED AT 8:03 P.M. NEW BUSINESS: 16. Special Use Permit Request, SP #14-03, by A-ABCO Recycled Auto Parts, to Expand the Auto Recycling Center, which is Zoned M-1, Light Industrial, Generally Located at 1175 – 73 ½ Avenue N.E.; and Resolution Approving Special Use Permit, SP #14-03, for A-ABCO Recycled Auto Parts on Behalf of Rylund Properties, the Property Owner for 1175 – 73 ½ Avenue N.E. (Ward 2) Because of a conflict Mayor Lund removed himself from this item, and Councilmember Barnette accepted responsibility as Mayor Pro Tem. Scott Hickok, Community Development Director,stated the petitioner is seeking a special use permit to expand the auto recycling center that currently exists at 1201-1231 Avenue and 7360 Central Avenue to the property located at 1175 - 73 ½ Avenue. For the property on 73 ½ Avenue, the petitioner is seeking a variance also to increase the fence height from eight feet to ten feet on that subject property. The property is zoned M-1, Light Industrial. It was replatted and rezoned from C-3, General Shopping, to M-1, Light Industrial, in 1994. Mr. Hickok stated A-ABCO is currently leasing the warehouse at 1201 - 73rd for their inventory of parts and they would like to purchase the property at 1175 - 73 ½ for their business. They would then move their warehouse inventory to their existing retail building at 7360 Central and all the retail business with customers can take place in this building. They will then move the production part of their business that is currently in the retail building to the subject property. They are consolidating and creating what they feel is a more ultimate plan for them and it gets them out of having a detached site. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 12 Mr. Hickok stated A-ABCO plans to use the front parking lot spaces of this property for employees' vehicles, and it would be inside the new fence that is proposed. It will also be able to be used to unload vehicles when they are towed in at night so they are not sitting on Central or on the street but instead would be in the parking lot. Mr. Hickok stated the conditions of allowing a special use permit for an auto recycling use is screening. City Code states that all areas to be used for storage shall be enclosed by a fence at least eight feet in height. City Code also requires the fence to be constructed so that no portion of the storage area is visible from the public right-of-way. The current A-ABCO operation has a 10-foot fence along 73 ½ Avenue which they received a variance for. The fence screens the activities of the business from the public right-of-way and provides the security the business feels it needs. They would like to continue the 10-foot screening fence in line with the current screening fence they have along the 73 ½ Avenue right-of-way. Their fence is on the private side of the property line. Mr. Hickok stated the Planning Commission held a public hearing for SP #14-03 on June 18, 2014. They recommended approval of this request with 11 stipulations. The Appeals Commission held a public hearing for VAR #14-02 on July 2, 2014, and recommended approval with six stipulations, based on the fact that practical difficulties exist; for example, the grade distance between the residential properties to the north. City Code requires a screening fence for an auto recycling operation of at least eight feet. It is meant to screen the operations though at eight feet. With the grade difference, it does not applicably do that with the properties to the north. Mr. Hickok stated staff recommends concurrence with the Planning Commission and the Appeals Commission with the stipulations. Councilmember Varichak asked Mr. Hickok if he knew what this building is going to be used for. Mr. Hickok replied the building they would be acquiring has bays on the back, and from their discussions, it would be perfect for the hoists and dismantling of the vehicles at that location. There is also some office space there. As to the site itself, they do not intend to have outdoor storage there because they need room to get a tow truck and vehicles into the bays. The back area provides them an opportunity to do that. They would open up the fence between their existing operation and the backyard of this operation so they can bring materials through from one building to their site without having to go outside around the fence. It will really involve less of the streets, even with dropping off of vehicles at night. They will then have a place for the tow trucks to park out of the view of the public, leave a vehicle, and then shut the gate as they leave. Councilmember Varichak asked Mr. Hickok if the City has heard from any of the residents around the area. Mr. Hickok stated they have been relatively quiet. They had one caller who had a question as to what is being proposed. No resident called about any concerns. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 13 Councilmember Varichak asked Mr. Clos if he agrees with the stipulations. Christopher Clos replied, yes. Councilmember Bolkcom asked if they know for sure what is being put in the building. Mr. Hickok replied, as to whether they would tie any of these actions to the use of what is happening in the building, their use fits the M-1, Light Industrial. If they were just going to buy the building and use the building for what they want to use it for, it would fit the M-1. What is causing the need for a special use permit is they want to open up the area between a special use permit for an auto recycling yard and make it all one site so they are bringing all that into a special use that was basically granted for the area north of 73 ½ Avenue. As to what they choose to do inside the building, special use permits are granted because of needing to mitigate special issues there may be on a site. If they are doing an M-1 use like they are doing inside the building and they are self-policing, the fact that they need to keep the radius behind the building to tow vehicles in is self-policing. The petitioner has indicated their plan at most is to put a rack against the back wall but keep it shallow enough so vehicles can move it in and out of that site and keep it low enough so it is not an issue for neighbors. Councilmember Bolkcom asked Mr. Hickok if he feels comfortable with what is in the stipulations. She does not understand Stipulation No. 3--"No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence." Is that saying no vehicles until the fence goes up? Mr. Hickok replied, yes, because the impacts of those towed vehicles really are unsightly and would be something new being introduced to that site. Councilmember Bolkcom asked the petitioner to come up to the podium. Councilmember Varichak asked Mr. Clos if he was okay with all the stipulations. Mr. Clos replied, yes, they can do them all with no problem. Councilmember Varichak asked Mr. Clos how many employees he had. Mr. Clos replied, currently they have roughly about 50. They do have another location in Spring Lake Park. Hopefully they can add a couple more employees. Councilmember Bolkcom asked it will be done. Mr. Clos replied, they do not have an exact timeline. They are in a purchase agreement, and being approved for the special use permit is part of the purchase agreement. They will move ahead right away. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 14 MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #14-03, by A-ABCO Recycled Auto Parts, to expand the Auto Recycling Center, which is zoned M-1, Light Industrial, generally Located at 1175 – 73 ½ Avenue N.E. with the following stipulations: The petitioner shall comply with all building and fire code requirements. 1. The petitioner shall apply for any necessary permits, including a fence permit, 2. prior to construction or demolition taking place on site. No towed vehicles shall be parked or stored in the front parking lot prior to 3. installation of screening fence. New gates installed on the subject property shall remain closed except for when 4. entering and exiting to provide proper screening. The petitioner shall comply with any requirements set forth by the Rice Creek 5. Watershed district. The petitioner shall comply with any requirements set forth by the City’s 6. engineering staff for the existing storm pond. The petitioner shall file a modified storm pond maintenance agreement for the 7. existing pond if required by the City’s engineering staff. The petitioner shall submit a landscape and irrigation plan for the boulevard area 8. along 73 ½ Avenue to be reviewed and approved by City staff prior to installation of fence. The petitioner shall remove the 5 feet of rock along the west edge of property and 9. replace with sod and irrigation prior to fence installation. The petitioner shall obtain any necessary approvals to operate an auto recycling 10. center from the appropriate governmental authorities. Any new signs installed on the property will require a sign permit. 11. and adopt Resolution 2014-48. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND ABSTAINING AND COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK AND BOLKCOM VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. 17. Variance Request, VAR #14-02, by A-ABCO Recycled Auto Parts, to Increase the Fence Height Requirement from 8 Feet to 10 Feet, for the Purpose of Screening the Storage for the Expansion of an Auto Recycling Use in an M-1, Light Industrial Zoning District, Generally Located at 1175 – 73 ½ Avenue N.E.; and Resolution Approving Variance, VAR #14-02, to Increase the Fence Height Requirement for an Auto Recycling Center Use from 8 Feet to 10 Feet, for the Property Located at 1175 – 73 ½ Avenue N.E., Owned by Rylund Properties, Petitioned by A-ABCO Recycled Auto Parts (Ward 2). FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 15 MOTION by Councilmember Varichak to approve Variance Request, VAR #14-02, by A-ABCO Recycled Auto Parts, to increase the fence height requirement from 8 feet to 10 feet, for the purpose of screening the storage for the expansion of an auto recycling use in an M-1, Light Industrial Zoning District, generally located at 1175 – 73 ½ Avenue N.E. with the following stipulations: 1. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 2. Fence type and material shall match that of the existing fence located on the adjoining parcels owned by A-ABCO. 3. All gates shall allow simplicity of closure so that when an item person or vehicle has passed through the gate it can be easily closed. 4. Gates to remain closed, except when open for a specific item, person or vehicle to pass through. 5. Nothing can be stored above the fence or in a manner that can be seen from outside of the fence. 6. Any and all graffiti that may be placed on the fence shall be removed by the property owner within 2 business days of its placement. and adopt Resolution No. 2014-49. Seconded by Councilmember Saefke. UPON A VOICE VOTE, MAYOR LUND ABSTAINING AND COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK AND BOLKCOM VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. 10. Informal Status Report. None. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:26 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor