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Council approves use agreement letting Cohen Brothers operate on city right-of-way adjacent to 666 Riley Boulevard
Summary
After discussion about aesthetics and control over future expansion, Franklin City Council approved a use agreement allowing Cohen Brothers to occupy the same footprint as the existing recycling operator at 666 Riley Boulevard, subject to restrictions and an indemnification clause; Mayor Denny Centers voted no.
Franklin City Council voted Aug. 7 to approve a Use Agreement allowing Cohen Brothers, pending purchase of the adjacent property, to operate on city-owned property next to 666 Riley Boulevard within the same footprint used historically by the prior operator.
Law Director Donnette Fisher explained the agreement gives Cohen Brothers permission to use the portion of the right-of-way currently occupied (fence and concrete), allows paving of ingress/egress and erection of fencing, obligates Cohen Brothers to maintain and repair the area they use, and contains an indemnification clause requiring the company to hold the city harmless for death, injury or property damage arising from the company’s use. The agreement prohibits new structures, signs or permanent fixtures within three feet of the pavement edge on Riley Boulevard and provides that any unused portion needed for roadway widening would be conveyed back to the city.
Council discussion touched on several points. Supporters (including Councilmembers Carl Bray, Brent Centers and Debbie Fouts) said Cohen Brothers is a reputable operator that would retain current jobs, invest in property improvements and help clean up the area. Mr. Bray noted this is similar to prior use agreements dating to 2000–2006. Mayor Denny Centers said he would prefer the operation not be on the city’s gateway and voted against the resolution; the motion nevertheless passed with a majority in favor.
Law Director Fisher and staff noted that zoning classifies the existing recycling operation as a non-conforming use, so any relocation or expansion requires council approval; if Cohen Brothers purchases the property they must also obtain a recycling permit from the Planning Commission.
Next steps: If Cohen Brothers purchases the property, they will pursue a recycling permit from the Planning Commission and must adhere to the use agreement’s restrictions; city staff will monitor compliance and any future expansion would require additional council approval.
