PL 10/27/1993 - 30780�"�
CITY OF FRIDLEY
PLANNINC� COl�lI88ION MEETING, OCTOBER 27 � 1993
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CALL TO ORDER•
Chairperson Newman called the October 27, 1993, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Dave Newman, Dave Kondrick, Dean Saba,
Brad Sielaff, LeRoy Oquist
Members Absents Diane Savage, Connie Modig
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Dr. Joel Locketz, Animal Medical Clinic, P.A.
Helen Winder, Attorney
Larry Berg
APPROVAL OF SEPTEMBER 22, 1993, PLANNING COMMISSION MINiJTES:
�"� Mr. Newman stated that probably one of the most valuable things the
Planning Commission does as a body is its discussion on various
issues. He complimented Ms. Saba on a nice job of capturing the
various concerns and issues the Commission had on the hard surface
driveway issue discussed at the last meeting.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the
September 22, 1993, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARL�D THE
MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATIOIJ OF A SPECIAL USE PERMIT. SP
#93-07. BY ANIMAL MEDICAL CLINIC (tabled 5/26193):
Per Section 205.14.O1.C.(10) of the Fridley City Code, to
allow veterinary clinics conducting vaccinations on Lots 1,
2, 28, and 29, Block 2, Commerce Park, generally located at
250 Osborne Road N.E.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the
reading of the public hearing notice and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYS, CHAIRPER80N NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARIN(� OPEN AT 7:37 P.M.
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PLANNINa COMMI88ION MEETING. OCTOBER 27. 1993 PAG$ 2
Ms. McPherson stated this property is located at the intersection
of the University Avenue West Service Drive and Osborne Road. It
is the site of the former Cub Foods. The property is zoned C-2,
General Business. The property to the east is zoned C-1, Local
Business; the property to the south is zoned M-1, Light Industrial,
and C-2, General Business. A single story multi-tenant masonry
building is located on the property.
Ms. McPherson stated the Planning Commission reviewed a similar
special use permit request by H& H Veterinary for veterinary
services at the Pet Food Warehouse in December 1992. The special
use permit for veterinary services was approved by the City Council
on February 1, 1993.
Ms. McPherson stated the Pet Food Warehouse management has made a
corporate decision to change veterinary service providers. H& H
Veterinary Clinic is not associated with an established veterinary
clinic, and the Pet Food Warehouse management felt it was better
that the vaccination clinics be conducted by a provider who is
connected with an established clinic. A new special use permit
needs to be approved due to the change in service providers and in
the change in intensity of the clinic. The H& H Veterinary Clinic
had proposed to conduct vaccination clinics every 3-5 weeks for 3-
5 hours. The Animal Medical Clinic is proposing to conduct
vaccination clinics every weekend for approximately 3-4 hours.
Ms. McPherson stated Section 205.14.O1.C.(10) of the Fridley City
Code permits animal clinics, veterinary clinics, animal hospitals,
public kennels, obedience schools, and training services with a
special use permit. However, the following three conditions must
be met in order to eliminate offensive noise and odors:
A.
B.
C.
All windows in the area of the building housing animals
shall be double glazed with a fixed sash.
Any ventilation system shall be designed so that no odors
or organisms will spread between wards or to the outside
area.
There shall be no outside pens or holding areas.
Ms. McPherson stated the intent of this ordinance section is to
provide s�andards for full service clinics which maintain animals
on a round-the-clock basis. The petitioner does not intend to
provide full scale veterinary services at the Pet Food Warehouse.
The vaccination clinics will be held on a regular basis; however,
there will be no holding pens, either inside or outside the
building, and the petitioner intends to use a small portion of the
receiving area to establish the examination and vaccination area.
Ms. McPherson stated that the original petitioners provided plans
for the storage of the biological and pharmacy items to be used
�...� PLANNINa CO1�iI88ION MEETING. OCTOBBA 27. 1993 PAGE 3
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during the vaccination process and indicated the proposed plans to
prevent public access to these area. They also provided a plan to
take care of any biological waste generated during the clinics.
Originally, the petitioner, Dr. Locketz of the Animal Medical
Clinic, did not indicate the proposed plans for the disposal of
the medical waste. Staff did receive a letter that day indicating
that the wastes generated from each vaccination clinic will be
returned to the home clinic on Hennepin Avenue. The Animal Medical
Clinic does have the appropriate state licenses and have a regular
medical waste handler who picks up and disposes of this waste.
Ms. McPherson stated this special use permit was originally
scheduled for the Planning Commission in May 1993. At that time,
the petitioner was under probation by the Board of Veterinary
Medicine. Staff's original recommendation was that the Planning
Commission consider approving the special use permit request. The
special use permit would not become valid until after the
probationary period was over. The petitioner also requested that
the Planning Commission table the request until the issue of
probation was resolved. The order and stipulation imposed by the
Board of Veterinary Medicine expired October 22, 1993. The
Commission has a copy of a letter from the Board of Veterinary
Medicine indicating that there have been no subsequent problems or
allegations while the petitioner was on probation.
Ms. McPherson stated staff recommends that as the request meets all
the appropriate Zoning Code standards, the Planning Commission
recommend approval of the special use permit with three
stipulations:
l. No vaccination supplies or medical waste shall be stored
on the site.
2. Any alterations to the building will require issuance of
a building permit.
3. Future violations similar to those set forth in the Board
of Veterinary Medicine�s stipulation order against the
petitioner shall be grounds for revocation of the special
use permit.
Ms. Helen Winder, attorney representing the Animal Medical Clinic,
P.A., and Dr. Joel Locketz, stated she would like to make a
correction to the record. At the time Dr. Locketz was placed on
probation, there were no violations made against him. There were
absolutely no findings of wrongdoing by the Minnesota Board of
Veterinary Medicine. The probation was really an accommodation
based on several false accusations raised. Rather than go through
a lengthy, costly hearing process, they reached an accommodation
whereby Dr. Locketz was placed on probation for a specific period
of time. The Commission members had received a copy of a letter
from the Minnesota Board of Veterinary Medicine finding that Dr.
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PLANNINa COMMI88ION MEETING, OCTOBBR 27. 1993 PAGB 4
Locketz has met the requirements of probation and expecting that
the Board would act favorably on Dr. Locketz petition and remove
the probationary status from his license.
Mr. Sielaff asked how long the probation period was.
Ms. Winder stated the probation period was for two years.
Mr. Sielaff asked what the "unnecessary services" were that Dr.
Locketz allegedly provided.
Ms. Winder stated Dr. Locketz provided an additional test for an
animal. However, the complaint was not raised by the animal owner,
but rather by disgruntled employees.
Mr. Sielaff asked what was the allegation for the medications?
Ms. Winder stated that has to do with Dr. Locketz' children. His
children were suffering from ear infections. Dr. Locketz had
called their pediatrician who had volunteered to call in a
prescription for antibiotics, but had forgotten to do so. The
children became distressed so Dr. Locketz called in a prescription
for antibiotics.
� Dr. Joel Locketz stated the Animal Medical Clinic has 3-4 other
veterinarians who work part-time. Right now, they are servicing
several other Pet Food Warehouses in Maplewood, Eden Prairie,
Minnetonka, Brooklyn Park in November 1993, and St. Cloud. Each
veterinarian has several years of experience. They offer,just a
limited service, screening and inoculations. They refer animals
to other hospitals for more severe problems. Their prices are very
reasonable, up to 30% off the office price. Consumers are very
happy with this type of service. They have received no complaints
from the other communities.
Dr. Locketz stated they see a population right now that have not
been serviced. The economy is very tight, many people are
unemployed, and they cannot afford the protection for their
animals. Close to half the animals they service are overdue for
inoculations. They are increasing the population of animals
vaccinated for rabies and promoting license sales in local
communities.
Mr. Kondrick asked Dr. Locketz how long he has been practicing
veterinary medicine.
Dr. Locketz stated he has been practicing veterinary medicine in
Minnesota for 22 years. The Animal Medical Clinic offices are at
26th & Hennepin where they offer a full service veterinary clinic.
�` Dr. Locketz stated they went through quite a screening process with
Pet Food Warehouse. There were some procedural problems which they
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PLANNINd COMA3ISBION MEETINa. OCTOBER,27. 1993 PAaE 5
have now tightened up. They feel they offer a high quality service
and there has never been a question about the type of care they
give.
Mr. Rondrick asked Dr. Locketz if he had any problem with the
stipulations.
Dr. Locketz stated, no, the stipulations are reasonable.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive into the
record a letter dated October 26, 1993, from Helen Winder regarding
the storage and handling of inedical wastes and a letter dated
October 27, 1993, from Dr. Prawer, Associated Skin Specialists,
P.A., stating he supported Dr. Joel Locketz and his request for a
low cost vaccination clinic at the Pet Food Warehouse.
IIPON A VOICTs VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to close the
public hearing.
tJPON A VOICE VOTL� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLAR�D THE
MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 7:50 P.M.
MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City
Council approval of special use permit request, SP #93-07, by
Animal Medical Clinic, per Section 205.14.O1.C.(10) of the Fridley
City Code, to allow veterinary clinics conducting vaccinations on
Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located
at 250 Osborne Road N.E., with the following stipulations:
1. No vaccination supplies or medical waste shall be stored
on the site.
2. Any alterations to the building will require issuance of
a building permit.
3. Future violations similar to those set forth in the Board
of Veterinary Medicine's stipulation order against the
petitioner shall be grounds for revocation of the special
use permit.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated this item will be reviewed by the City Council
on November 15, 1993.
�...� PLANNINa CO1�IIriI88ION MEETING. OCTOBER 27. 1993 PAGB 6
2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT. P.S.
�93-04, BY DALE EDSTROM OF NORTHCO CORPORATION:
Northco Business Park 4th Addition, to replat Lots 7 and 8,
Block 2, Northco Business Park, according to the recorded plat
thereof, Anoka County, Minnesota, and Lot l, Block 1, Northco
Business Park 3rd Addition, according to the recorded plat
thereof, Anoka County, Minnesota, generally located at 500 -
73rd Avenue N.E.
MOTION by Mr. Rondrick, seconded by Mr. Sielaff, to waive the
reading of the public hearing notice and open the public hearing.
IIPON A VOICL VOTE, ALL VOTIN(� AYE, CBAIRPER80N NEWMAN DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7t53 P.M.
Ms. McPherson stated 500 - 73rd Avenue N.E. is the old Carter Day
site. Fridley Business Center Partnership is comprised of Northco,
as well as Jim Gray, owner of Quick File, which is located in one
of the buildings on the subject parcel. The subject property is
zoned M-2, Heavy Industrial, and is comprised of two vacant
parcels, as well as one occupied parcel. The occupied parcel is
the old Carter Day site. The southerly building is a manufacturing
building which houses Quick File, and the northern building is
still used by Carter Day for research and development purposes. In
,�'� addition to Quick File, Carter Day and Steinwall, Inc., also lease
space in the southerly building.
Ms. McPherson stated the property to the north across 73rd Avenue
is zoned R-1, Single Family Dwelling, and the property adjacent to
the subject parcel to the south is zoned P, Public.
Ms. McPherson stated the proposed plat will create four parcels,
two which are directly adjacent to 73rd Avenue and two which are
adjacent to Northco Drive. The petitioner is creating a 25 foot
"flag" to provide access to the most southerly parcel which houses
the manufacturing building. This flag will meet the ordinance
requirements onto a public road. The lots all meet the minimum
requirements of the M-2, Heavy Industrial, zoning district
regulations, including the minimum lot area of 1 1/2 acres and the
minimum lot width of 150 feet.
Ms. McPherson stated the Engineering Department has indicated that
an additional utility easement will need to be dedicated adjacent
to the most northerly curve of Northco Drive. Two 10-inch water
lines intersect outside the dedicated right-of-way area, and a
triangular utility easement needs to be dedicated on the plat to
provide access to the City for maintenance or repair of the water
lines.
Ms. McPherson stated staff recommends that the Planning Commission
^ recommend approval of the request as the plat meets the minimum
� PLANNINa COMMI88ION MSSTING, OCTOHER 27. 1993 PAGB 7
requirements of the M-2, Heavy Industrial, district standards with
one stipulation:
1. An additional utility easement shall be dedicated on the
plat as indicated on the attached drawing.
Mr. Kondrick asked if any neighbors have expressed any objections
to this request.
Ms. McPherson stated she received two calls from property owners
across 73rd Avenue. Their questions were general in nature; and
when she explained that no development or construction is going to
occur, they seemed satisfied and had no objections.
Ms. Dacy stated she talked to one neighbor who also had no
objection when the request was explained.
Ms. McPherson stated the purpose of this plat request is to allow
Mr. Gray, the owner of Quick File and one of the partners, to
dissolve his portion of the partnership.
Mr. Larry Berg, representing Northco, stated he has nothing to add
to the staff's presentation.
^ MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public
hearing.
IIPON A VOICE VOTL, ALL VOTIN�3 AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOUBLY.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City
Council approval of preliminary plat, P.S. #93-04, by Dale Edstrom
of ldorthco Corporation, Northco Business Park 4th Addition, to
replat Lots 7 and 8, Block 2, Northco Business Park, according to
the recorded plat thereof, Anoka County, Minnesota, and Lot 1,
Block 1, Northco Business Park 3rd Addition, according to the
recorded plat thereof, Anoka County, Minnesota, generally located
at 500 -73rd Avenue N.E.
IIPON A VOICE VOTE, ALL VOTINC3 AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIIBLY.
Ms. McPherson stated that on November 15, 1993, the Council will
set a public hearing on this item for December 13, 1993.
3. RECEIVE $EPTEMBER 9. 1993, HOUSING & REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
September 9, 1993, Housing & Redevelopment Authority minutes.
^ PLANNINa COMMI88ION MEETING, OCTOHER 27, 1993 PAG$ 8
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NtEWMAN DECLARED THE
MOTION CARRILD IINANIMOIISLY.
4. RECEIVE SEPTEMBER 13. 1993. PARKS & RECREATION COMMISSION
MINUTES:
OTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
September 13, 1993, Parks & Recreation Commission minutes.
IIPON A VOICB VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
5. RECEIVE SEPTEMBER 21, 1993, ENVIRONMENTAL OUALITY & ENERGY
COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
September 21, 1993, Environmental Quality & Energy Commission
minutes.
IIPON A VOICE VOTL� ALL VOTINd AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
6. RECEIVE_SEPTEMBER 28, 1993. APPEALS COMMISSION MINUTES:
�� MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
September 28, 1993, Appeals Commission minutes.
IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
7. RECEIVE OCTOBER 19. 1993, APPEALS COMMISSION MINUTES:
O ON by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
October 19, 1993, Appeals Commission minutes.
IIPON A VOICE VOTE� ALL VOTINC� AYE, CHAIRPERBON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
ADJOURATMENT :
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Newman
declared the motion carried and the October 27, 1993, Planning
Commission meeting adjourned at 8:05 p.m.
Res ctfully sub itted,
�.
Lyn Saba
� Reco ding Secretary