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11/17/2008 - 29263CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 17, 2008 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 James Kosluchar, Public Works Director Fritz Knaak, City Attorney Julie Jones, Planning Coordinator Scott Hickok, Community Development Director Don Abbott, Public Safety Director PRESENTATION: Jeff Jensen presented the 2008 — 2009 City of Fridley Winter Operations Policies and Procedures. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Authorizing Staff to Pursue Federal Stimulus Funding for Local Projects. William Burns, City Manager, said MnDOT has notified us that they are soliciting projects that might be funded through a Federal economic stimulus program. Congress is back in session and will be considering some form of stimulus very shortly. MnDOT estimates that as much as $300 million might be available for Minnesota projects that are ready to go and not encumbered by ROW or environmental constraints. Our Public Works Director believes that the mill and overlay projects may fit into this category. At this point we do not know whether there will be a local matching requirement on this money. If and when stimulus dollars are made available, staff will provide further details on projects to be submitted, the timing and local matching requirements, if any. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Approve 2009 Consulting Services Agreement Between the City of Fridley and GIS Rangers LLC. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 2 William Burns, City Manager, said this is the renewal of an annual contract for GIS services. It is the same contract as 2008, with the exception of a 5% increase in cost. Our cost is $34,272. Andover and Columbia Heights are also parties to this contract through a joint powers agreement with Fridley. Our experience with the GIS Rangers has been very positive. Most departments throughout the City, including the City Manager's office, have used their services. Staff recommends Council's approval. APPROVED 2009 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND GIS RANGES, LLC. 3. Claims (138973 — 139076). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates: Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2008 Street Improvement Project No. 2007-3 FINAL ESTIMATE ..................................................................... $ 10,062.68 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked for Item 1 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item 1. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mayor Lund moved into record a memorandum dated November 17, 2008 from Jack Kirk, Director of Parks and Recreation, regarding a Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14 and to add this item to the agenda. Seconded by Councilmember Barnette. MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item 1 and the Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Councilmember Bolkcom stated that at last meeting she did not mean the Holly Center area properties were eye sores or the businesses should not be there. She meant that the area needed to be concentrated on and could use some updating. PUBLIC HEARING: 6. Consideration of the Hotel/Motel License for LivInn Suites. MOTION by Mayor Lund to remove the consideration of the Hotel/Motel License for LivInn Suites from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE ITEM REMOVED FROM THE TABLE AT 7:50 P.M. Don Abbott, Public Safety Director, said the current hotel license period for the LivInn Suites commenced May 1, 2008, and expires April 30, 2009. The LivInn Suites has been licensed in this location since 2003. They have four locations—Fridley, Maplewood, Burnsville, and Sharonville, Ohio. Fridley LivInn Suites has 134 rooms on record, renting on a daily or long- term basis. Chief Abbott said in the first quarter of 2008, 26 calls for service were placed. The calls were in the areas of homicide, stabbing: non-fatal, believed drug-related, robbery/assault with gun & baseball bat and four other drug-related calls. There were 122 calls in 2007 and 131 calls in 2006. Chief Abbott said based upon police reports, officers' observations, surveillance, and comments from citizens, the Police Department believes drugs and prostitution have both been issues at LivInn Suites. Due to the nature of the calls for service, Council renewed the license with the following provisions: 1. The LivInn Suites will participate in the Action Plan during 2008 as prepared by the Fridley Police Department. 2. LivInn Suites will appear before the Fridley City Council on November 17, 2008, for possible revocation of their 20081icense. Chief Abbott reviewed the six-month action plan that was placed with LivInn Suites: • LivInn Suites will no longer accept cash payments for any room rental. • Hotel will comply with all requirements of MSS Chapter 327. Police will conduct frequent checks of registered guests for wants and warrants. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 4 • Hotel will review websites and other media commonly used by prostitutes to ply their wares and compare their photos and other features against their current guests. • Hotel management met with police staff monthly over preceding six months to review police reports and evaluate the effectiveness of policy and procedure changes. • The Police Department increased surveillance and enforcement efforts on and around the hotel. • The Police Department provided training in the recognition of drug activity and other illicit conduct to LivInn Suites staff. • Staff provided monthly updates to Council summarizing police calls and any noted improvement in the overall operation of the hotel. Chief Abbott said staff believes LivInn Suites' staff has fulfilled the requirements of the action plan and the conditions placed upon their license renewal in April. Conditions have improved some, but concerns persist. Staff recommends not revoking the hotel license for LivInn Suites at this time, conditional upon LivInn Suites continuing to work closely with the Police Department on their issues. This would include continue monthly meetings, continue all other conditions of the previous work plan, and implement new strategies as recommended by staff. Chief Abbott said the Police Department will continue to provide monthly reports of the current status of LivInn Suites' operation and effectiveness to Council. Staff will provide a comprehensive report with applicant's 20091icense renewal in April. Councilmember Bolkcom said 25 employees received drug recognition training. She asked how many employees of the 25 were from the Fridley location. Chief Abbott said he did not have that information and would defer the question to the petitioner. Councilmember Barnette asked how many of the police calls were initiated by LivInn Suites staff. Chief Abbott said the calls were made by staff, residents and visitors. Seven to fifteen were self initiated by officers. Many times when the police pay attention to an issue or location there will be an increase in calls because of self-generated calls. Councilmember Bolkcom asked if the license was approved tonight to be valid until April and there was an increase in problems, if this item could be brought back to Council for review. Chief Abbott said yes. Councilmember Bolkcom said she had heard information that the LivInn Suites was considering applying for a liquor license and restaurant. Chief Abbott said he has not heard anything about a liquor license application at that location. Mayor Lund asked for clarification that this is not an action item, but Council would take comment, close or table the public hearing. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 5 Chief Abbott said that is correct, no action tonight would allow the business to continue through the next renewal in April, 2009. Councilmember Bolkcom asked if Council could do something to continue monthly hearing and action plans. Chief Abbott said a statement of that desired intent would be satisfactory. If problems arose with LivInn Suites, the item could be brought back to Council. Councilmember Barnette asked if there were plans to request a liquor license or restaurant at the site. Tim Welch, LivInn Suites, said no, there used to be a restaurant but that area has been converted to rooms. Councilmember Bolkcom asked how many of the 25 employees who attended the seminar worked out of the Fridley location. Trish Wehling, Manager of LivInn Suites, said there were two sites at the meeting and all employees from the Fridley location were required to attend with the exception of the manager. Councilmember Bolkcom asked if the management had a problem continuing the monthly meetings and action plans set out. Mr. Welch agreed that all the current things going on should continue. Recently a security service was hired so when there is self-reporting many calls come from the security service that is working for the hotel. Councilmember Bolkcom asked about the four thefts to vehicles and if the security service was patrolling the parking lots. Ms. Wehling said that of the four thefts, one was tagged and towed because the vehicle was reported stolen and another report was a repossessed car. Mr. Welch said that the security service does patrol the parking lot. Councilmember Bolkcom asked what the function was of the security service. Ms. Wehling said the security service was hired to constantly patrol and monitor hallways and parking so if something looks suspicious it can be reported. The security service is working Friday and Saturday from 8:00 p.m. to 4:00 a.m. Councilmember Bolkcom asked what the reason was behind the hours the security service works or if that was the time problems occurred. Ms. Wehling said the site is less staffed at those times. No manager is on duty and only one staff person is working at the front desk There are also more guests on site on the weekend and less staff in evenings. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 6 Mr. Welch said if you look at the timing when the events occurred, most of the activity is on Friday and Saturday evenings. Brian Weierke, Fridley Police Captain, agreed. Mr. Welch said he was comfortable with the conditions and how things are going. The goal is to get the number of police calls down. The calls have not been significantly reduced, but with security on site there will be more calls because more issues are being identified. Councilmember Bolkcom asked what type of calls would be okay and what a reasonable number of calls would be. Mr. Welch said they want to make sure the police are called if there is an issue. The ideal number would be zero but when you have 134 rooms and a number of people, there will always be some type of incidents. Our goal is for the severity of calls to change. William Burns, City Manager, asked what the average room rate was at the LivInn Suites. Ms. Wehling said $69 a night. Dr. Burns suggested raising the rate and the quality of guests may change which may decrease the type and number of calls. Ms. Wehling said she did not know if the rates could be raised. Looking at the amount of calls in the last three months, the calls have decreased. Office Weierke said in the first three months, there were a lot of calls but in the last three months there have been a few bad weekends. Judy Engebretson, 5216 Taylor Street, said she has lived in her present home for the past 40 years. She has experienced police guard dogs, police with guns and police searching for someone who has a warrant for arrest at 10:00 to 10:30 at night in her yard and neighborhood. The recent murder was the last straw. She is concerned with Fridley and the reputation this projects. To read events in the paper that are happening in her back yard is frightening. Residents who have stayed in Fridley for many years are seeing the value of their homes drop because of this reputation. Ms. Engebretson commends the probationary system and is glad to see the city trying to help this establishment; however, she works at 3M and is familiar with the LivInn site in Maplewood. The LivInn Suites in Maplewood also struggles with similar issues. A lot of the problems exist because of the way the business is managed. She agrees that raising the rates may change the client base. Local people used to use this facility for friends coming for weddings, funerals and family events. She would not recommend this facility for any visiting guests. Ms. Engebretson said the City needs to evaluate this business and see if it is worth the money it takes to hand-hold them. The business should be able to run on their own, because the owner has three businesses. There is no reason the City should have to spend tax money to educate them on how to live in a community to run their business. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 7 Councilmember Barnette said Ms. Engebretson spoke well for the entire neighborhood. Her points are well taken and he thanked her for the good citizenship she shows in Fridley. Richard Kempe, 5235 Taylor Street, said that he agrees with Ms. Engebretson. He was going out of his home and a police officer was in his yard telling him to get back into his home. He questioned why the City needs LivInn Suites. He also questioned why they have to offer weekly rates. Three weeks ago a window was smashed in his son's car, last year a GPS was stolen out of his car, and two years ago he had an ice auger stolen. This causing a lot of stress in the neighborhood. Mr. Welch said he is sympathetic to people who are having problems because of the incidents that have happened at the LivInn Suites. They did not intend to create those activities in their neighborhood. People who live at the LivInn Suites are Fridley residents, trying to find a place to live that they can afford in a safe atmosphere. He apologized to residents who have suffered from concerns caused by the residents of LivInn Suites. Councilmember Bolkcom asked what the LivInn Suites could say to reassure that something will be done to take care of the issues. She also has a problem spending taxpayers' money to monitor this site. The City has to take officers off the streets to take care of issues on this site. Mr. Welch said it is true they are using police sources but the LivInn Suites is also a taxpayer. A number of other businesses use police and have police calls, like Target. Councilmember Bolkcom said that most police calls to Target are probably related to shoplifting, not prostitution or drugs, and guns are probably not involved. Mr. Welch said they expect with security on site and continuing the program with the Police Department that the calls would increase, as you are changing the mode of behavior of clientele. They are trying to behave responsibly. If they could find a way to get their money back and get out of the building they would, but they have a responsibility to the lenders, investors and employees to succeed. This is a viable business that has not worked in that particular location and the building could not be used for anything else. Councilmember Bolkcom asked what they had to say to citizens to reassure them that things will change. Mr. Welch said he would repeat the list in the presentation; the extra security, monthly meetings, etc. The people who live at the LivInn Suites long-term are working and need a place to live. Implementing the program as discussed should help LivInn Suites continue to improve. Mr. Kempe asked if other hotels would not work on that site. What makes him think this establishment would work The only thing that may work is the $159 a week rate but that attracts undesirable residents. Councilmember Bolkcom said Council will continue to look at this and the Police Department will give monthly reports, so if drastic changes happen, this item will be back before Council before the April 30 renewal. LivInn Suites must continue to do other things and look at additional opportunities to improve like maybe increase the security on site. It is important to protect our community. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 8 William Burns, City Manager, confirmed that staff will continue to report and if there is concern, staff will bring this issue back to Council for reconsideration. Mayor Lund said Council would like to see a reduction in the calls and a neighborly-run business. All incidences are reported as a cooperated effort with the Police Department. The police calls need to go down but not at the expense of not protecting the neighborhood. Councilmember Bolkcom said if the neighborhood has questions or concerns they should contact the Police Department or Council so they are aware of the issues. Councilmember Barnette said he appreciated the neighborhood's concerns and thinks LivInn Suites is trying to be responsive and will continue to try to improve. Mayor Lund said all is not perfect. Council does not want to see closed-up businesses, but wants to see well-run and less problematic businesses. The number of serious calls has dropped since the improvement plan has gone into place, but the total calls remain about the same. Council may not live in the immediate area but do have concern for the City and your neighborhood. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:37 P.M. NEW BUSINES: 7. Resolution Revoking Special Use Permit, SP #89-08 for 7570 Inc. to Operate an Auto Repair Business in an M-1 Zoning District, Generally Located at 7570 Highway 65 NE (Ward 2). Julie Jones, Planning Coordinator, said that Special Use Permit, SP#89-08, was granted to Sam's Auto World to operate an auto body shop at 7570 Highway 65. There have been many code violations on the property over the years including a temporary sign without a permit, parking in public right of way, storing damaged vehicles in the front parking and selling vehicles (which is not allowed in an M-1 zoning district). Ms. Jones said that following the City Council's November 10 public hearing, staff discovered that the Sam's Auto World business no longer exists on the site. The owner is leasing the buildings to several other businesses. Having multiple businesses on site requires the special use permit to be reviewed, as it was based upon the understanding that only one business would be using the buildings, storage, and parking space available. Ms. Jones said that one of the businesses leasing space is a towing company, which is a use that is only allowed in the M-3 zoning district. Staff has been in conversation with the owner of the towing company, and explained the violation. Staff is unsure of how many tenants are located on site. There appears to be a business named Grand Central Auto leasing the front building and there appears to be a business named Blue Diamond leasing space in the back building. Besides the towing company, there may be other tenants also. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 9 Ms. Jones said that staff recommends approval of the resolution revoking Special Use Permit, SP #89-08, for auto body repair at 7570 Highway 65. Staff further recommends that Council provide the owner, Samir Awaijane, clear direction on a timeline to vacate the site if he chooses not to apply for a new special use permit. A 90-day deadline and list of benchmarks is suggested. The 90-day timeline will allow the existing businesses time to prepare an application for a new special use permit if they want to stay or move their business to a new location where it is allowed. Councilmember Bolkcom asked who is selling cars. Ms. Jones said there is not a sign on site but staff received information that there are car sales taking place on site. Councilmember Bolkcom asked if anyone from the business had contacted staff regarding any of the violations. Ms. Jones said that she had conversations with Bob, the Business Manager. Councilmember Bolkcom asked if Ms. Jones talked to Bob about businesses that are there and do not have a special use permit to have the business on site. Ms. Jones answered yes. Mayor Lund said that the public hearing was at the last meeting and no one showed up for the public hearing. Ms. Jones said it was her understanding the property owner said they had not received the notice but the notice was mailed and did not come back in the mail. Glen Nelson, new Business Manager, said he has been employed very recently to represent Samir Awaijane Enterprises. The property owners were not in attendance at any prior meetings as they were not aware of letters or requirements. They are not saying the letter was not sent but the onsite manager may have been remiss in letting them know about the various situations. The current manager is on site less than 10 hours a month. The manager basically pays utilities and collects the rent. Bob is no longer the manager and I have replaced him. If we had knowledge of the content of the letter, we would have addressed the information. Mayor Lund said the letters were sent and public notices regarding the public hearing are always in the newspaper. It is the property owner's responsibility to be aware of those things. Mr. Nelson said that Mr. Awaijane is no longer a resident of Minnesota. He is now a resident of Tampa, FL. Mayor Lund said that does not mean he should be remiss on his property. Councilmember Bolkcom said this is Mr. Awaijane's special use permit, whether he received the information or not, back in 2006 he was aware of all the stipulations that went along with the special use permit. She asked if Mr. Nelson were here to speak on Mr. Awaijane's behalf, or for Awaijane Enterprises. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 10 Mr. Nelson answered Awaijane Enterprises only. Councilmember Bolkcom asked if Mr. Nelson was aware of the stipulations in 2006 and that Mr. Awaijane was not keeping up with his end of the bargain. Mr. Nelson said he was not aware of it. Mayor Lund said Council is being considerate in allowing testimony after the public hearing was closed at the last meeting. Mr. Nelson said action has been taken at the property since they have been aware of the problems. Mayor Lund asked what is Grand Central Auto and the other businesses located on site. Mr. Nelson said that the tenant is sharing space with Mr. Awaijane. Rhino Auto Body does car repair and Blue Diamond Auto Body does body work and painting. Also located on the site is Sage Towing Company and Ronson Garage Door Company. Mayor Lund asked if Mr. Nelson had any new things to share since the last meeting on November 13. Mr. Nelson said all tenants have been notified that leases will be terminated if any City codes are violated. This can include auto sales, illegal or temporary signage, outdoor storage in the front parking lot, unauthorized use of the public right of way, etc. Mr. Awaijane is actively marketing the site for sale but received information from a recent interested buyer that the planning office gave them negative information which had a negative impact on the buyer. Mr. Nelson would like to continue with the current special use permit through the final sale of the property. Mayor Lund said that he was surprised to receive information from the State Licensing Bureau that auto sales are continuing at this site. Samir Awaijane, property owner, said a car was never sold after the last meeting. Mayor Lund said it is Mr. Awaijane's responsibility to make sure there is no wrongful activity happening on the property. Mr. Awaijane said the car was sold from the person's home and the address of his company was used. The title card was listed under the shop address. Councilmember Barnette asked about the towing company. Mr. Awaijane said the company has two trucks and they tow cars from the place to the junk yard. Sometimes they park the long truck on the street. Councilmember Barnette questioned if the towing company is legal to use the property. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 11 Mr. Awaijane said he also has tow trucks but does not use them because now he is a repair company. The towing company rents space, does some repairs and tows cars. Most of his work is towing and he has no idea if it is legal or not. Councilmember Barnette said the towing company is not a permitted use. Mr. Awaijane said he would have to evict the towing company if they are there illegally. Mayor Lund asked if all businesses were independent. Mr. Awaijane said that Blue Diamond shares his body shop. Mr. Awaijane is still in business. Mayor Lund said he does not believe Council is trying to run Mr. Awaijane or any of those businesses out of business. Council wants Mr. Awaijane to run a good, legal business and he has been here before for a lot of the same repeated violations. If someone sold cars from Mr. Awaijane's site, it is up to him to find out what their business is before he leases the space. Mayor Lund said that if Mr. Awaijane is living full-time in Florida, it is probably difficult to manage the property from Florida. The facts still look clear that he is allowing businesses to operate there that should have a special use permit. He said he had strong doubts about giving more time to this issue that keeps coming back. Councilmember Bolkcom asked if the special use permit would apply to Sam's Auto World or all the other businesses on site. Scott Hickok, Community Development Director, said the special use permit is for 7570 Incorporated. The staff report says if conditions change, the special use permit goes with the land. The reason the special use permit is being called back is because things are very different than they were when the special use permit was initially granted. When conditions change, it is suggested to revoke the permit and either reapply for a new special use permit or be out in 90 days. Councilmember Bolkcom said that the petitioner should know if any new entities came in and if the special use permit would still support the new businesses that came into the property. It is the petitioner's responsibility to check with staff to see if it is a legal and valid business. All these businesses are not what the special use permit was set up for and this has been before Council more than once. Mr. Awaijane said all activity happening is what has been happening on site in the past except for the towing. Councilmember Bolkcom said that Mr. Awaijane is aware of how the special use permit works and he was aware of the auto sales, outdoor storage issues, public right-of-way etc. Mr. Awaijane was aware of everything that was wrong before tonight and before last meeting. These are not new issues. The property owner holds the special use permit, and it is his responsibility to make sure this does not happen. There is no reassurance this will not happen again. Mr. Awaijane asked about the outside storage. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 12 Ms. Jones said there were damaged and inoperable vehicles stored in the front parking lot and it has been going on for several months. Mr. Hickok said the towed vehicles have been brought back to the site and left inoperable and stored outside on site. Mr. Awaijane said that some cars come in smashed up and have to be in the front until they can be moved to the back Sometimes they do not get put in the back right away. There is no sign that says you cannot park on the street, and some people park on the street from the trailer park. Mayor Lund said it is okay to park on the street if the vehicles are licensed, operable vehicles. Mr. Hickok said if the parking on the street is due to expanding the business it is different from someone visiting the neighborhood. Mayor Lund said that with six businesses on site there must be adequate parking for the vehicles of staff and tenants. Councilmember Bolkcom asked if Mr. Awaijane asked staff about additional parking needs since the new businesses have come on site. Mr. Hickok said that he had a discussion with Mr. Awaijane regarding parking and that he offered to buy the public right-of-way but made no strides to do so. Nothing happened and people continue to park there. Mr. Awaijane said he remembered talking to the Highway Department. Mr. Hickok said that Mr. Awaijane needed to go through a vacation process through the City and it was never requested. William Burns, City Manager, asked what would need to be done if the special use permit were revoked. He asked what the mediation period was and how many people would be put out of business and what would they need to do to get back in business. Mr. Hickok said that this pertains to three or four auto body shops on site; Grand Central Auto, Rhino, Blue Diamond and Sam's. The special use permit was given to the property. It is unknown if Mr. Awaijane's body shops even have proper paint booths, etc. The recommendation this evening is that the special use permit be revoked and that the tenants, Grand Central, Rhino, Blue Diamond and Sam's, make applications for a new special use permit or a collective special use permit to reorganize all entities on site and review the parking and building code needs. Once all this happens, the businesses would be able to stay there. The businesses need to operate under guidelines the City has in process. Councilmember Barnette asked for clarification that if Mr. Awaijane owns the property and leases out to other entities, would the special use permit go to the owner of the property. If a special use permit is worked out and meets the City's requirements, Mr. Awaijane would still be in charge to make sure the property is in compliance. Mr. Hickok said that is correct. The special use permit is assigned to the property to take into consideration everything on site. This would not include the towing business. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 13 Councilmember Barnette said that Council does not want the businesses to go away but they must meet the requirements of the City. Mr. Awaijane said that only two body shops are in the back The front building is for mechanical repair. Mr. Hickok said that staff reports would contradict that statement. There has been some body work that has happened in the front building. Ms. Jones said that the City Code requires a special use permit for auto repair and does not specify auto body. Auto body is heavy body repair. Mayor Lund asked if the special use permit goes with the property or if each individual business needs a separate special use permit. Mr. Hickok said that when another entity is added, staff needs to reevaluate the business. The intensity of this site has multiplied and a greater area is needed for cars. When the use of the site is multiplied you need to look at the site and see what has changed. Currently the standards have been violated. The current standards do not apply to three different entities. Mayor Lund asked if the special use permit were revoked if they would be put out of business until they reapply for another special use permit. Mr. Hickok said that the business would need to be out in 90 days or working in good faith towards a new special use permit, which could include site enhancements. The tenant would need to leave if their intent is not to renew the special use permit or violate the current special use permit. Within 90 days, all uses would need to be clear unless they go through a new special use permit process. At end of 90 days, an application would not be accepted and all businesses would need to be gone. Councilmember Bolkcom asked if it would be cleaner to revoke the special use permit and have the petitioner come back with a new special use permit as there is such a difference from the original application. She asked if there is a way the petitioner can work with staff and come back with a plan related to the multiple tenants addressing parking, storage etc. Mr. Awaijane is aware of the issues from before and aware of the stipulations. Fritz Knaak, City Attorney, said that it is cleaner to start a fresh special use permit every time a new business comes in and wants a modification to an existing special use permit. Once you start modifications to the special use permit, it can be difficult to remember what is allowed and what has been modified. The best practice when you are aware of ongoing violations is to terminate the current special use permit and work with the owner to get another permit. That is the cleanest and fairest way to do it with all the parties involved. Councilmember Bolkcom said it is different if there is just one business and they were not in compliance, but now there are several businesses. Mr. Hickok agreed 100% with Attorney Knaak At a certain point when there are several violations, eventually it will result in revocation of the special use permit. This will give the businesses 90 days to find a new place or apply for a new special use permit. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 14 Councilmember Bolkcom confirmed that the businesses could stay if a new special use permit was granted with stipulations if there is an active application. Mr. Awaijane asked what would happen if the special use permit was not renewed. Would all the businesses need to be gone. Mayor Lund said that if the special use permit was revoked, the businesses would have 90 days to reapply for a new special use permit and would need to meet all requirements. Mr. Awaijane said that his businesses meet all the requirements now. He did not do anything wrong except someone sold three cars without him knowing. This should not stop business for everyone else. Councilmember Bolkcom said that from when the original special use permit was granted up to today, the same business is not operating anymore. To bring the special use permit up-to-date, Council needs to revoke the current special use permit and have them make a new application. This does not mean all businesses cannot exist. Mr. Awaijane said he was confused about the towing business as he currently has two tow trucks. He did not understand how they could be legal for him but not the towing company. Mayor Lund advised Mr. Awaijane to have a discussion with staff and they will let him know what is legal and what is not. Mr. Awaijane is not managing the business, the onsite manager is not managing the business, and now a new manager has been hired. The issues need to be resolved. Mr. Nelson said that as he understands it, if revocation occurs, staff will allow the existing tenants to operate for the next 90 days and if those tenants are inclined to apply for individual special use permits or a collective special use permit, everything should be done in 90 days. Mr. Hickok said staff is allowing businesses who want to find a new location 90 days to be out of the building. Those who want to stay will be part of the new special use permit. MOTION by Councilmember Varichak to revoke Special Use Permit SP #89-08. Seconded by Councilmember Barnette. MOTION by Mayor Lund to include the 90-day timeline to vacate recommended by staff as follows: 1. Removal of signage for any business no longer located on the site within 15 days of Council revocation. 2. Installation of signage for any business leasing on site within 30 days of Council revocation. 3. Removal of all full and partial automobiles as well as parts outside of the building. 4. Removal of all automotive parts and fluids from the premises. 5. Sweeping of all paved surfaces in the front and back of the site. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 15 6. Removal of all screening fence sections and posts. 7. Removal of any part and equipment racking. 8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. Seconded by Bolkcom UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 1. Resolution Authorizing Staff to Pursue Federal Stimulus Funding for Local Projects. Councilmember Bolkcom wanted staff to look at the Commuter Rail Station needs like a signal, left turn signal, widen the street and look at other things related to retail and rental studies near the commuter rail. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-56. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 7A. Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14 to the State of Minnesota Department of Transportation. Councilmember Bolkcom asked if the City will be reimbursed for any costs. William Burns, City Manager, said that at one point we were asked to be the author of the grant and there were costs associated with that. Councilmember Barnette asked about the signage on East River Road and the area where the Northstar tunnel is. He said this will provide an opportunity for children to walk to school and would be a safe way for kids to get to school by crossing East River Road. Dr. Burns said that the grant application goes in this week, which is why action is needed tonight. He is not sure with the time involved that the signal is something that can be covered with these funds. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-58. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 16 8. Informal Status Report. William Burns, City Manager, said that the December newsletter will be out the beginning of December. Councilmember Barnette reminded residents of the parking ordinance in affect from November 1 through April 1. No parking is allowed overnight on the street. Mayor Lund asked to discuss a letter received from Robert Kennedy Jr. after the meeting. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:07 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor