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01/07/2008 - 29241CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 7, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:37 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Captain Brian Weierke, Fridley Police Department PRESENTATION — EMERGENCY PREPAREDNESS: Captain Brian Weierke, Fridley Police Department, made a presentation on emergency preparedness. After what happened in New York on September 11, the Emergency Management Department was continued under the federal direction of the Department of Homeland Security. Each state is responsible for administering their emergency management. In Minnesota, it is done through the Minnesota Department of Public Safety. The Mayor appoints the Emergency Management Director. The Emergency Management Director for the City of Fridley is Public Safety Director pon Abbott, and he has the overall responsibility for the administration of the Emergency Management organization in Fridley. Emergency Management is basically an all- hazards plan to mitigate, prepare, respond, and recover from all natural disasters, i.e., tornadoes, floods, explosions, or terroristic attacks. It also assists with the overall coordination of City resources during any type of large-scale disaster. Captain Weierke stated in the last few years, in an effort to prepare for any type of disaster or emergency in our City, we have upgraded our public safety radio communication for both Police and Fire which allows them to communicate within agencies, including the entire metro area. This also greatly increased communication during the 35W bridge collapse. Captain Weierke stated in 2005, the City passed a resolution to adopt a NIMS (National Incident Management System) on how to handle incidents. We also adopted a mutual aid agreement that will allow us to share resources with other municipalities. We have upgraded and currently monitor our eight-city outdoor warning sirens. In 2007, we revised the City of Fridley emergency operations plan and it was approved by the State, County, and the City Council. We FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 2 recently completed an upgrade of our emergency operations center and installed a generator capable of operating all of City Hall in the event we loose power. Captain Weierke said they have used a lot of the emergency management principles they have learned. They used them when President Bush visited here and after the wind storm in September 2005. They treat `49er Days each year as an exercise. Recently members from all City departments completed a tabletop training exercise regarding the pandemic flu. He said they will be involved with the upcoming Republican National Convention which will be held September 1 through 4. Councilmember Bolkcom asked if they learned anything from the incident in Maple Grove. Captain Weierke replied they actually did learn a lot from that incident and the tornado that occurred in Rogers. They do rely on the National Weather Service. They are the ones that notify Anoka County, who in turn sound the sirens in Fridley. The City's eight sirens are tested weekly to make sure they are operating. If any of them are faulty, they are repaired immediately. Councilmember Bolkcom asked if there was anything he recommended to persons in Fridley in terms of having their own type of emergency management. Captain Weierke stated there is a terrific website for people to look at for preparing for any type of emergency that could happen. It is: www.readv.�ov. Councilmember Saefke asked if the City has a list of those who are in ill health and may relay on oxygen, for instance, and may need electricity. Captain Weierke said that is part of their emergency operations plan. They do have a list of senior housing in Fridley. During the September windstorm, the senior housing building on Fifth Street was having problems with being without power for three days. Mayor Lund was able to get some electricians out there and assist them in getting power back on. Currently they do not have a list of who should be checked on because it does change from time to time. However, during a storm they will get telephone calls from relatives, etc., asking them to check on people. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 3, 2007 City Council Meeting of December 10, 2007 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 3 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 5, 2007. RECEIVED. 2. Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, to Add Language that would Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3). Williams Burns, City Manager, stated staff recommends that this item be pulled from the agenda, as it requires a public hearing. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 3. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 4. Special Use Permit Request, SP #07-11, by Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at holly Shopping Center, Generally Located at 6530 University Avenue N.E. (Ward 3). William Burns, City Manager, stated the petitioner recently discovered the separate garage operation in efforts to address outdoor storage issues behind the property. Staff informed petitioner that he needed a special use permit in order to continue to operate. He subsequently applied for the special use permit. The Planning Commission approved the special use permit at their December 19 meeting subject to six stipulations. Staff has reinspected the property and found Mr. Cooper in compliance with our outdoor storage requirements. Staff recommends Council's approval. THIS ITEM WAS DISCUSSED AFTER ITEM 18. 5. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code. William Burns, City Manager, stated this resolution declares the City's intent to reimburse itself for costs of the 2008 neighborhood street reconstruction and certain water system improvements. We are required to do this annually. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-01. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 4 6. Resolution Designating an Official Newspaper for the Year 2008. William Burns, City Manager, stated staff recommends the designation of the Focus News as the City's official newspaper, and the Minneapolis Star Tribune as Fridley's second official newspaper. ADOPTED RESOLUTION NO. 2008-02. 7. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated staff recommends the designation of Wells Fargo Bank Minnesota, N.A., as its official depository. ADOPTED RESOLUTION NO. 2008-03. 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Spring Lake Park Lions for the Knights of Columbus #4381 (North Air Home Association) Located at 6831 Highway 65 N.E. (Ward 2). William Burns, City Manager, stated this resolution is for a bingo operation by the Spring Lake Park Lions at the Knights of Columbus. It replaces the license issued to the Church of the Immaculate Conception. It will expire on July 31, 2009. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-04. 9. Resolution Approving Recycling Service Fees. William Burns, City Manager, stated staff recommends that recycling fees for 8,350, 1 to 4 unit structures in Fridley be raised from $6.51 per quarter to $6.61 per quarter. The 10-cent increase is in keeping with the Charter restrictions. Staff also recommends that the recycling fee for 890, 5 to 12 unit structures be raised from $5.52 to $5.61 per quarter. The increase, however, falls short of covering the 2 percent increase in costs for hauling that we are facing this year. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. ADOPTED RESOLUTION NO. 2008-06. 11. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 5 William Burns, City Manager, stated this resolution requests disbursement of the City's population portion of the MSAS construction funds for the 2008 neighborhood street reconstruction project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-07. 12. Resolution Accepting a Federal Recreational Trails Grant in the amount of $15,000 as Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local Matching Funds. William Burns, City Manager, stated early last year, Fridley applied for a Federal Recreational Trails Grant to expand and improve the trails at Innsbruck Park. We have been awarded a$15,000 matching grant. This resolution agrees to receive the money and pledges a$15,000 local match. It names Richard Pribyl as the City's fiscal agent. We are also pledging that we will maintain the trail for no less than 20 years. The $15,000 was included in our 2007 capital improvement plan. We will need to carry those funds forward to accomplish the project this spring. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 13. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. William Burns, City Manager, stated the contract provides for a 3 percent lump sum payment for 2007, but not an hourly rate increase. Our firefighters were somewhat ahead of the means salaries for other fire departments in comparable cities, so they thought the lump sum made more sense than changing the hourly rate. It also provides for a 3 percent hourly rate increase for 2008 and 2009. Additionally, it provides for a 40-hour per week inspector position. Currently they rotate full-time firefighters in and out of that general housing inspection job. Dr. Burns stated it provides for one new captain position in 2008 and two additional captain positions in 2009. This has been an issue for quite a while. The captains will be paid at a rate 3 percent higher than the top-step firefighter. The captains' positions will be filled from the ranks of full-time firefighters and will not result in the hiring of additional employees. As in many of our neighboring communities, the captains will provide supervision of paid on-call staff on a daily basis. Dr. Burns stated the cost of the contract for the four individuals in this bargain unit is $7,044 in 2007; $8,853 in 2008 (which has already been budgeted); and $15,827 in 2009. The health insurance benefits for this group will remain as for other City employees. Staff is recommends Council's approval. ADOPTED RESOLUTION NO. 2008-09. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 6 14. Approve Agreement for Legal Services between the City of Fridley and Newquist & Herrick Law Offices, P.C. and Carl J. Newquist. William Burns, City Manager, stated the most recent contract with our prosecuting attorney expired at the end of 2007. The proposed contract is a one-year contract that will end on December 31, 2008. The one-year term of the contract will be used to draft a request for qualifications that will be distributed to qualified law firms, including Mr. Newquist's law firm in 2008. The RFQ process gives the City the advantage of being able to test the market for prosecution services, and thereby assure that Fridley is paying a fair cost for their services. Dr. Burns stated the RFQ process in no way reflects dissatisfaction with the current services provided by Mr. Newquist. He is doing a fine job, but they think it is time to circulate that contract to a broader array of law firms and see what the market will return for us. Dr. Burns stated the other terms of the contract provide a$99 per hour attorney rate (which is the same rate we have had in the last year) and a$47.50 per hour paralegal rate. Mr. Newquist is currently not using paralegals. The City has encouraged him to use paralegals to help keep our costs down, and he has agreed to put a paralegal rate in his contract. The rate paid a law clerk will continue to be $37 per hour. The rate of minimum billing will be reduced from a 15-minute increment to a 6-minute increment. Staff recommends Council's approval. APPROVED. 15. Approve Agreement between the City of Fridley and Fridley `49er Days, Inc. William Burns, City Manager, this is an agreement that covers the use of the City vehicle for pulling the Fridley `49er Days float. This is the same agreement that we had 2007, and it generally has worked very well for us. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 16. Approve 2008 City Council and Staff Appointments. William Burns, City Manager, stated these include the following: Mayor Pro Tem: Robert Barnette Metro Cities Representative: Scott Lund, Delegate; Ann Bolkcom, Alternate League of Minnesota Cities: Ann Bolkcom, Delegate; Jim Saefke, Alternate Northstar Corridor Development Authority: Robert Barnette, Representative; Paul Bolin, Alternate Visit Minneapolis North: Deb Skogen, Representative FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 7 17. Claims (134788-135121). APPROVED. 18. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 4. Special Use Permit Request, SP #07-11, by Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at the Holly Shopping Center, Generally Located at 6530 University Avenue N.E. (Ward 3). Councilmember Bolkcom asked if changing the time to 8 a.m. on Saturdays is setting a new type of situation. Scott Hickok, Community Development Director, stated they have reviewed it and do not believe it is setting up any sort of special conditions for the City on other projects. This is a bit of a unique circumstance, and it is within the already defined noise ordinances the City has for power equipment. Considering the circumstances and looking at this special use permit, they believe they have enough control in the language of the special use permit to close it down if necessary. Councilmember Bolkcom asked about the issue with people dropping off their vehicles. She asked about signage stating "no overnight parking." Mr. Hickok replied he is not aware of any signage. Since this was brought to the petitioner's attention they have done a nice job of managing the property to make sure that does not happen. Councilmember Bolkcom stated she would like to suggest an additional stipulation related to that because it sounds like it has been a problem in the past. She asked the petitioner if he would be opposed to having some signage that says no overnight parking or dropping off of vehicles. Bernard Cooper, Bernie's Automotive, replied he did not have a problem with the overnight signage. He did mention at the Planning Commission meeting that sometimes some of their customers break down on the freeway overnight, and they are a regular customer of their garage and that is why they take their cars. Once in a while they will come in the morning and there will be a voicemail on the machine that the car is there because of a breakdown on the freeway. It is very difficult to tell their customers they cannot drop off their cars if they break down on the freeway. It has been very rare that has happened. They will move it first thing in the morning when they come in. Councilmember Bolkcom said she is not trying to inconvenience his customers, but they do not allow that to happen elsewhere. They have had that issue with other stations where people have been dropped off vehicles, and the vehicles have sat there for some time. Mr. Cooper stated he is not opposed to the signage. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 8 Mayor Lund asked if they did put in a stipulation about no parking, and it is on private property, is that enforceable by the Police Department? Captain Weierke replied, it is not. On private property it is the owner's responsibility to tow. Mayor Lund stated he can see both sides. If they stipulate to no overnight parking, and put the signs up there, maybe they will abide by it. On the other hand, if somebody already has had the unfortunate incident of having an accident or breakdown at night, he can see where they would tow it to the facility who they would most likely have fixed it. He does not want them to have it tagged or towed. Councilmember Bolkcom stated she just wants them to be treated like any other place. She thought they had signage at some of the other repair places. Mr. Hickok stated they will review this on an annual basis and if it is an ongoing outdoor storage issue than they will address it during the review. This first year will give them an opportunity to monitor the situation. He understands what Mr. Cooper is saying. He thinks the signage is a good idea. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #07-11, by Bernie's Automotive, with the following six stipulations: 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday, 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to add the following stipulation: "Petitioner shall post signage to the effect of "No Overnight Parking of Vehicles." Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Barnette asked to remove Item Nos. 2 and 3. Councilmember Bolkcom asked that Item Nos. 9, 12, and 15 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 2, 3, 9 12 and 15. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2, 3, 9, 12 and 15 from the consent agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. PUBLIC HEARING: 19. Consideration of a Special Use Permit, Sp #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued July 23, 2007). MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:13 P.M. Mr. Hickok, Community Development Director, stated this was continued from July 23, 2007. Brent Anderson of BDA Development received special use permit approval on September 25, 2006, to allow outdoor storage at his property located at 7600 Highway 65. Several stipulations were attached to that special use permit at that time. A special use permit was granted ensuring City Council and staff that all improvements on the site including, but not limited to, paving and curbing of the site and a new screening fence along the southern property line would be replaced FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 10 or repaired, and all of this would be completed by December 31, 2006. The lean-to structure was to be completed by October 1 of this year. The petitioner failed to meet several of those stipulations. As a result, a public hearing was held on July 23, 2007, to consider revocation of the petitioner's special use permit request. A public hearing was held open with the understanding that all the stipulations would be met by December 31 and, if any those stipulations were not met by that time, staff would recommend to City Council that they revoke the special use permit. Mr. Hickok stated staff spoke with the petitioner in early October, and he stated he had hired an engineering company to do the survey of the south side of the property and they were working on completing the drawings of the lean-to structure. He stated that he expected the construction of the lean-to structure would start around November 1. Since that conversation in early October, a building permit has not been applied for nor has any work commenced on that property. Staff heard nothing they received a letter last week from the petitioner. Staff recommends the City Council revoke Special Use Permit, SP #06-04, by BDA Development based on the following: (1) Several years of chronic outdoor storage Code violations at this property, (2) The City Code gives Council authority to revoke a special use permit due to the failure of ineeting stipulations following a public hearing and (3) Inactivity on the City's part in light of these violations could arguably constitute a waiver of the special use permit stipulations. Mr. Hickok stated as part of the special use permit revocation, staff recommends the following action be completed by April 1, 2008: (1) The poorly maintained fence along the southern property line (adjacent to Sam's Auto World and Fridley Terrace) be removed and replaced with a proper screening fence, and (2) All outdoor storage (including equipment, materials, and vehicles) on site that is not stored under a roofed structure be removed. Mr. Hickok stated staff will initiate a 20-day abatement procedure on March 12, 2008, to ensure that if the petitioner has not complied with the conditions, the City will hire a contractor to remove and replace the fence and remove all outdoor storage items on the property after April 1, 2008. A resolution for revocation of Special Use Permit, SP #06-14, has been prepared. Councilmember Varichak asked the petitioner why was there such a delay before a letter was sent to the City. Brent Anderson, BDA Development Co., replied he was promised payment in September, October, November, December and he is going down to Oklahoma City to the head office this week to try and get something worked. They have so many problems that they have not been able to pay himself or virtually all of their vendors. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 11 Councilmember Varichak asked the petitioner if he is behind on any of his payments to anyone. Mr. Anderson replied he borrowed money from the bank to keep his vendors current. His tenant is leaving the premise January/February. Of all the stuff that is there, 90 percent of it is theirs and they are getting a smaller facility. He is in the process of getting new tenants. He hired a surveying company and he has plans laid out. He has a company in Kansas that built him forms for the lean-to structure, but he has to work something out to get some payment in. Once they move, he has hired an attorney, and they will file a claim but he is fearful if too many people file claims they are just going to file bankruptcy. Most of the equipment will be out of there by mid- February. It virtually should be very clean around there. Councilmember Bolkcom asked how many of the stipulations have been met. Mr. Hickok replied they have not seen the survey or the drawings of the lean-to although they know, from the special use permit process, the layout of the site and where the lean-to was to go. The trailers, for example, were removed almost immediately and some of that progress that could be made in that regard happened quickly. However, more difficult stuff did not get taken care of. Councilmember Bolkcom stated her concern is there is no curb or gutters there. She asked Mr. Anderson what are his plans for accomplishing all these after the tenant leaves and he does not get any new tenants right away. Mr. Anderson stated it is difficult with no funding. Councilmember Bolkcom stated she understands his lack of funds but on the other hand they also have to treat his business like any other one. The petitioner states he has some plans and forms, but what has he shown City staff? Mr. Anderson replied he can bring it in within the next couple of days. Councilmember Bolkcom asked the petitioner what is his second plan? Mr. Anderson replied after they move out there is virtually minimal equipment anywhere. He has three or four new people who have talked to him about moving in. They are distributor types who keep most of their stuff inside. When he bought that building it was in bankruptcy from Lampert Lumbers and despite what they might think, the building was a mess. The roof leaked, the beams were sagging, etc. They spent $300,000 to $400,000 to fix it up. There were 140 jobs that are gone now. There is some benefit to trying to get businesses back Practically every day he is doing stuff to try and get new tenants. If he gets the building back in full rental by April, it is likely the cash will be set so they can get it going again. Mayor Lund stated he did not see anything in Mr. Anderson's letter that would tell him not to continue this any further. Mr. Anderson has a business to operate which apparently is a rental/commercial entity, and he wrote in his letter that is not how he operates and conducts himsel£ He is not going to tell Mr. Anderson how to operate his business, but he would not let FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 12 somebody go without rental because he needs that income to run his business. He does not think the special use permit has anything predication on Mr. Anderson's ability or inabilities that he is undercapitalized, under funded, not collecting rents for a year. Regardless of his tenants not paying their rent, he does not see any correlation as to abiding by the ordinances of this City. Unless he hears something new, he is going to vote to pull the special use permit for outdoor storage. He does not see any other recourse. He thinks they have an obligation to other businesses and citizens in Fridley. They cannot pick and choose who they are going to enforce the laws on. Councilmember Bolkcom stated she would be more comfortable if the petitioner would have some type of plan. She thinks they were pretty hard on the petitioner the last time. They are serious about him doing the stipulations and he has to answer to them. She really does not think anything different will be happening in six months. He said he had a survey but he never showed it to City staff. Mr. Anderson stated, frankly, if they think that is the best thing for the City, then that is what they are going to do. There is nothing he is going to say tonight; they already have their minds made up. That is obvious. He has some serious financial issues that he has to deal with, and that is his focus right now. If he can get those things resolved. He can bring in the plans signed by a licensed surveyor tomorrow, and he has drawings of how he wants to do the lean-to. He has the elevations, the concrete design, he has shop droppings and all the items made; but he needs to get collection of the back rent or it is only on paper. Mayor Lund asked the petitioner to give him good sound reasons why he should continue this again and give him a deadline that he can do it in. Councilmember Barnette stated he has not made up his mind. If in fact the petitioner gets the money from his tenant and they revoke the special use permit; the petitioner stated he was seeking new tenants which he assumes would require another special use permit. He said if this was revoked, what would his chances be of signing new tenants. Mr. Anderson replied he has three different people he is talking to about space. He gets tenants moved in that are paying on a monthly basis. He has his costs down running that facility about as low as he can get. It will not take that much to get positive cash flow again. He still intends to build the lean-to's because actually when they are done, the property will be a lot more valuable and will be a lot more efficient to run a business. He does not want to hire contractors and have them come out to the property and start them doing something when he knows he cannot pay them. He believes that it is going to get done. It will be a lot easier to find tenants if he has the ability to tell them that they will be able to store outside. Councilmember Barnette asked if in fact the special use permit were revoked at this point and Mr. Anderson went out in March or April and found a tenant that needed outdoor storage, could he even rent to that tenant without a special use permit. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 13 Mr. Hickok replied the last thing they want to do to Council is put them in a corner. They would rather petitioner get the special use permit first and then go out and find the tenant. That is the best scenario. Councilmember Bolkcom asked Mr. Anderson when he thought he could accomplish this. Mr. Anderson said if he current tenant pays him half of what he owes them in March, he could easily get started on working on the buildings in April. Councilmember Bolkcom asked him when would he accomplish what he needs to. Mr. Anderson replied, probably by July. Councilmember Bolkcom asked so if the work is not accomplished by the first Council meeting in July, will he feel that they have given him every chance possible. Mr. Anderson replied he would say that is more than fair on their part. Mayor Lund asked being they are in financial dire straits, are they going to spend the money to remove all their stuff. Mr. Anderson replied he will make sure that the stuff is not there. Councilmember Bolkcom asked by when. Mr. Anderson replied by February 15. NIr. Hickok can call him and he will meet him and they will walk the site. Councilmember Bolkcom asked so on February 15 there will not be any outdoor storage issues at that point. Mr. Anderson stated on February 15, his current tenant's stuff will be gone and, if it is not gone, he will load it up in a truck and haul it away himself. Councilmember Bolkcom asked him so he is stating the outdoor storage issues related to this property are because of this tenant. Mr. Anderson replied he has two other tenants there that have stuff outside and they have indicated what they will do to get their equipment inside. Councilmember Bolkcom stated so she is hearing on February 15, not only the tenant that is moving, but some of the other storages issues also will be taken care o£ He is saying those issues will be taken care of by February 15. Mr. Anderson replied, yes. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 14 Councilmember Bolkcom said he is saying by the first meeting they have in July which is July 14, he will have fulfilled the stipulations or on that night the special use permit will be revoked. Mr. Anderson replied he thinks that is reasonable. Councilmember Saefke stated he had actually felt sorry for the petitioner the last time. He had no problem extending the hearing on that. Six more months have gone by and the petitioner still has not gotten the rent from his tenant. He said they are going to hold Mr. Anderson to the promises he has made tonight. Mr. Hickok stated if it goes the way it could go, certainly staff is okay with that. The type of enclosures and the type of site this could be really has some merits to the City and provides opportunities that could be very good. He wished Mr. Anderson the best of luck, and he thinks it is clear tonight that if it is not done in July, then it is over and there is no special use permit here. MOTION by Commissioner Varichak to continue the public hearing until July 14, 2008. Seconded by Commissioner Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, VARICHAK, SAEFKE AND BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAYE, MAYOR DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4 TO 1 VOTE. NEW BUSINESS: 20. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2). MOTION by Varichak to table this item to July 14, 2008. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. Approve Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael Lawrance. Mr. Hickok, Community Development Director, stated on March 10, 2006, Signcrafters located at 7765 Main Street was issued a criminal citation by code enforcement staff for outdoor storage violations. In response they filed a civil suit alleging a pre-existing non-conforming status of their outdoor storage area. The civil matter needs to be settled prior to commencement of the criminal matter initiated by the citation. Civil extensions have been requested of the court while discussions commenced. Since the first piece of correspondence was sent, staff has held the position that the property owners needed to seek a special use permit if they were going to continue the outdoor storage activities on the site. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 15 Mr. Hickok stated after nearly a year of negotiating the property owners have agreed to seek that special use permit. He said the two "gives" in the process are, (1) the Lawrances have requested Council waive the $1,500 special use permit fee and, (2) they would like the City to allow their roll off dumpster in their yard without being stored inside the 3,195 square foot outdoor storage area they have defined for their outdoor storage. The dumpster will be inside of a boundary fence they have on a property. Mr. Hickok stated the settlement framework sets a course for settlement. The proposal in Council's packet represents staff's recommendation. The proposed special use permit does not preclude staff's ability to enforce any and all other Code sections that may need corrections and any deficiencies that may exist on the site outside the special use permit. Staff recommends Council authorize staff to execute the attached agreement establishing settlement framework for the non-conforming use and special use permit issues in the Lawrance Properties v. City of Fridlev case. Councilmember Bolkcom asked to see a site plan. So they will still have outdoor storage, but they will also have the dumpster outside the outdoor storage. Mr. Hickok said their outdoor storage area would be back along the eastern property line. The dumpster is in behind a fence, and is in their yard. So it is secured, but not in the area that was defined for outdoor storage. From what he understands, managing their materials and the site logistics and storing them properly is one thing but getting around this site to get their materials into the dumpster takes room and they needed to leave it out. Councilmember Bolkcom asked if the public can view it. Mr. Hickok replied that has been part of the issue all along. There is a fence along the street face that may be somewhat argued as partially screened but really does not fully successfully screen it. They recognize that, and they are asking for that dumpster to stay out of that area. Councilmember Bolkcom asked so the dumpster is there but it is not enclosed. Mr. Hickok replied enclosed in their yard. Councilmember Bolkcom said they will not have to pay the $1,500 and the dumpster can basically sit there and not be in an enclosure. Mr. Hickok replied, yes. John Baker, Attorney for the City, stated as a general matter, this is a rare settlement because they were able to get more by way of settlement than if the City completely won a lawsuit. What they were able to do was convince plaintiff to apply for a special use permit by going out and detailing exactly what the conditions would be, capture those as part of the settlement litigation, so the specifics were all there in advance. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 16 Attorney Baker stated as Mr. Hickok noted, this agreement is a framework for settlement which means that once it is signed by both sides, a process must take place that involves them applying for a special use permit by February 1 with the terms already spelled out as an exhibit to this agreement. That would then be considered by the Planning Commission but come back to Council. As Mr. Hickok mentioned, the amount of outdoor storage space would be permitted as a condition as this permit is even less than the City's current regulations allow. Attorney Baker stated neither the settlement agreement nor the special use permit gives up any authority of the City to take action against the plaintiffs regarding any other issues, whether the sufficiency of on-site parking the adequacy of the maintenance of the driveway, or things like that. If Council authorizes this, the litigation ceases and they would expect an application by February 1. One of the specific requirements of the settlement agreement is the site plan be a professionally drawn one, what they have attached here as an exhibit he thinks they put together on their own computers and merits. That is one of the things is to have the plan be a professional drawing. That would have to accompany the application. If it is approved there is a June 1, 2008, deadline for satisfaction of all the conditions that include landscaping, requirements for it to be fully screened on all sides as well. Mayor Lund asked what Signcrafters would get out of this. Attorney Baker replied it seems more important to them not to have to do it the City's way, but as they got further into this, they realized they do not need as much outdoor storage as they might have needed before the 2003 changes. Similarly, although they were reluctant to do the screening the way the City wanted them to, they came around on that. Mayor Lund said it appeared there were several issues about drainage and storm water management and those types of things. Do the plaintiffs understand that should this agreement work and they ultimately get their special use permit, they would be held responsible for any conditions under a special use permit or things they might bring up as far as parking and drainage and those types of issues. Attorney Baker stated this imposes specific conditions with regard to things like the size of the outdoor storage. They carved out of the settlement issues like on-site parking, whether there is sufficient on-site parking. The adequacy and maintenance of the pavement, for example, because No. 1 those were not in the scope of the litigation in the first place. Those would still be issues. Second, by settling, they did not want to create the impression that somehow the City was agreeing that what is out there now necessarily complies with the law. It is their hope that once litigation goes away the owners will improve their property by upgrading the quality of the paving and making sure they have adequate on-site parking. Mayor Lund stated he does not believe he or the Council are trying to be adversarial to businesses. What they are really asking them is to be a part of this community and be a part of the solution, rather than part of the problem. Councilmember Bolkcom asked whether they would still have to abide by any other stipulations that anyone else would have on a special use permit of this type. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 17 Attorney Baker stated it would be what they have negotiated and what the exact terms of those stipulations are based upon what the City would ordinarily expect under similar circumstances. They have added an additional degree of clarity in some places for the sake of resolving uncertainties and fears about how all of this would play out. For example, with regard to Condition No. 5, they have not only indicated with citations to the regulations with regard to adequate screening but have added additional sentences in there outlining what constitutes adequate screening. They have an even greater specific direction on how they can do it and satisfy the City. MOTION by Councilmember Bolkcom to approve the Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael Lawrance. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, to Add Language that would Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3). MOTION by Councilmember Bolkcom to Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, in order to assert the necessary information to fully examine and study the request and to extend the review period for the City Council action an additional 60-days and to notify petitioner in writing of the 60-day extension as soon as possible in order for the City to have a public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3). MOTION by Councilmember Bolkcom to table Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, in order to assert the necessary information to fully examine and study the request and to extend the review period for the City Council action an additional 60-days and to notify petitioner in writing of the 60-day extension as soon as possible in order for the City to have a public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 18 9. Resolution Approving Recycling Service Fees. Councilmember Bolkcom asked if they have seen an increase in recycling. Scott Hickok, Community Development Director, they are seeing an improvement. In years past, ten years and beyond, our recycling in multi-family was dismal. Efforts on part of staff to bring that up and to get more activity have been lukewarm at best. He thinks that most recent efforts will be the most successful in getting higher recycling in there. They are trying to better understand the complexes and also get mailings out on a regular basis that really talk about the importance of recycling. The shredding event was an excellent opportunity for people. He said he thought they were on the edge of seeing higher rates of recycling. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-05. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Accepting a Federal Recreational Trails Grant in the amount of $15,000 as Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local Matching Funds. Councilmember Bolkcom asked if they have any idea what this is going to cost to maintain. William Burns, City Manager, said it is his understanding they are going maintain it. He has not heard of any costs to the City, but he would be glad to get back to her on it. The Minnesota Offroad Cyclists Association is supposed to have committed to maintaining the trail. Councilmember Bolkcom stated her only concern is maintaining it, and they have agreed to do it for 20 years. She is a little skeptical passing this resolution without having any idea what it is going to cost. They have had those problems with some of the other trails, with the asphalt breaking down, etc. Dr. Burns stated his understanding is all the maintenance was going to be done by the Minnesota Off-road Cyclists Association. Councilmember Bolkcom stated right now but there is no agreement they will do it for 20 years. She asked what would happen if they did not pass the resolution. Dr. Burns stated he thought they needed to respond fairly quickly in order to get the money. Mayor Lund stated it has been in our capital improvements to do so. The choice is not to commit to a 20-year maintenance, but they would be doing it anyway if they put a trail there. Councilmember Bolkcom stated they were going to put a trail there but thought they were sold on the trail to begin with because they were going to apply for the grant and someone was going FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 19 to maintain it for them. They have been caught in that before. She said she does not know what it costs to maintain a trail like this. Councilmember Varichak stated she believed it is going to be a nature-type trail. She did not think it was going to be asphalt. Dr. Burns stated it is not asphalt. Councilmember Varichak stated it is just all rugged so that it still has its natural take. Councilmember Bolkcom stated it sounds like if they do not pass this tonight they will not get the grant. Dr. Burns stated it is his understanding they need to take action tonight. Mayor Lund stated although he understands Councilmember Bolkcom's concerns, they had a trail which was closed up because of its lack of maintenance. Now they get a grant to help rebuild it. He does agree with her that there is no type of agreement that this agency is going to maintain it for 20 years. However, he thinks they would be maintaining it regardless of whether they had some assistance or not. The only other alternative is not do anything at all. So it makes the park pretty unusable. Councilmember Bolkcom stated she thought they did agree that they were not going to have a trail there at one time. She asked Dr. Burns when the money comes forward, it this would be something that would come back before them. Dr. Burns replied, no, because it is already in the budget. There may be a budget reappropriation for the $15,000. Councilmember Bolkcom commented which may give them an opportunity if they found out it was a lot of money. Dr. Burns stated he thought they would be committed at that point to both the state and federal government. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-08. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Approve Agreement between the City of Fridley and Fridley `49er Days, Inc. Councilmember Bolkcom stated she remembered this agreement last year saying, they would undergo a driver's license background check She asked if it was for driving violations or if it was an actual criminal background check. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 20 Mayor Lund replied in the past it has just been the driver's license check to see if they are acceptable forinsurance. Councilmember Saefke asked Captain Weierke when the police check your driver's license, warrants show up, right. Captain Weierke replied, yes. Councilmember Saefke stated in the policy, too, it states no use of drugs, and they have to obey the City's policy. Mayor Lund stated the vehicles are being used for pulling the float. Councilmember Barnette stated it is his understanding that all of the City's insurance covers the vehicles, damage, liability, etc. Dr. Burns replied that is right, they would be responsible for any vehicle. MOTION by Councilmember Bolkcom to approve the Agreement between the City of Fridley and Fridley `49er Days, Inc. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. Informal Status Reports Councilmember Bolkcom stated they have received a copy of the Comprehensive Plan. It is her understanding there will be a public hearing on January 28. Dr. Burns stated they are going to move it into February. Councilmember Bolkcom asked how are they notifying the public. Mr. Hickok replied there are a number of different ways. Councilmember Bolkcom asked when it would be. Mr. Hickok replied, the first meeting in February. Mayor Lund stated the Fridley Lions Club is having their First Annual Wine Taster at Springbrook Nature Center on January 25, from 5 to 8 p.m. The tickets are $20 and it is a fundraiser for the Fridley Lions Club. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 21 ADJOURN. MOTION by Councilmember Barnette, seconded by Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:43 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor