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01/28/2008 - 29242CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 28, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom MEMBER ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Jack Kirk, Director of Park and Recreation APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of January 7, 2008. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 19, 2007. RECEIVED. 2. Special Use Permit Request, SP #08-01, by Sprint PCS, to Allow the Construction of a 125-Foot Telecommunications Tower in an M-3, Heavy Industrial, Outdoor Intensive Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3) William Burns, City Manager, stated that Sprint wishes to construct a 125' telecommunications tower and establish a 20' x 30' equipment space on property owned by Greg Dahlke at 8170 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 2 Hickory Street. The proposed tower would include three new and nine future antennas as well as six new and fifteen future coaxial cables. The future antennas and coaxial cables would accommodate at least two additional wireless carriers. Dr. Burns stated staff and the petitioner have disagreed over the location of the tower. Staff proposes that the tower be located on the extreme north side of the site. The petitioner asks that they be allowed to locate the tower north of their building and just west of the parking lot. After considerable debate, the Planning Commission voted 4 to 2 to support the petitioner. In view of the controversial nature of this issue, staff recommends that Council pull this item from the consent agenda and discuss it under regular business. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka William Burns, City Manager, stated that this is an annual renewal of the agreement whereby the City receives SCORE funding from Anoka County. Staff has found no substantive changes from the 2007 agreement. It does provide for $66,316.96 in 2008 SCORE funding. This compares with our 2007 allocation of $63,000.50. Staff recommends Council's approval. APPROVED. 4. Appointment — City Employee. William Burns, City Manager, recommended the appointment of Kenneth Small to the position of Public Services Worker — Streets. Ken has worked as a Public Services Worker — Sewer for the last seven years. At his request, we are recommending a lateral transfer from the Sewer Division to the Streets Division of the Public Works Department. APPROVED THE APPOINTMENT OF KENNETH SMALL TO THE POSITION OF PUBLIC SERVICES WORKER — STREETS. 5. Claims (135124 — 135412). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked that Item No. 2 be removed and placed on the regular agenda. Councilmember Bolkcom asked for the second sentence on page ten of the Planning Commission minutes to be changed from annual to annually. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 3 MOTION by Councilmember Bolkcom to approve the Consent Agenda as presented with the removal of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE PRESENT. PUBLIC HEARING: 7. Consideration of a 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 waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED HEARING OPENED AT 7:35 P.M. AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE PUBLIC Scott Hickok, Community Development Director, stated the petitioner, Connie Vogtlin of CMV Properties, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a"dog day/overnight boarding facility" which will be located at 7875 Beech Street. Mr. Hickok stated the subject property is located on the corner of Beech Street and 79th Avenue and is zoned S-3, Heavy Industrial Onaway Addition. The subject property is .48 acres and was developed in 1972, with the construction of a 7,700 square foot building. Mr. Hickok stated petitioner is proposing to operate Camp Bow Wow from the subject property, which is a boarding facility that offers a fun and safe environment for dogs. Camp Bow Wow offers both daycare services to customers who wish to drop off their dogs for the day, and overnight boarding for customers who drop off their dogs before traveling. Camp Bow Wow FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 4 currently has a facility in Burnsville and in Plymouth. The Burnsville facility opened in September of 2006 and the Plymouth facility opened in November of 2007. Both the Burnsville and Plymouth facilities are located in multi-tenant industrial developments. Staff has contacted the City of Burnsville and the City of Plymouth and neither of them have received any complaints. City staff had the opportunity to tour the Plymouth Camp Bow Wow and was very impressed with the overall professional appearance and cleanliness of the facility. Mr. Hickok said that the City currently does not allow this use in any of the zoning districts within the City. The City Code allows veterinary clinics, animal hospital, public kennels, and obedience school and training services in the C-2, General Business, and C-3, General Shopping, zoning districts by a special use permit. The Future Land Use Map in the City's Comprehensive Plan guides the subj ect property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing manufacturing and/or production. While the proposed use is not as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Mr. Hickok said that it is important to consider if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other permitted or special uses allowed within the district. The S-3 district was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." Mr. Hickok stated staff finds that a dog daycare and overnight boarding use would be consistent with the purpose and intent of the S-3 zoning district, provided specific concerns related to the use are addressed. Staff has drafted an ordinance that would allow a dog daycare and overnight boarding facility contingent upon approval of a special use permit provided that the following conditions are met: • The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. • An 8-foot solid fence is constructed to enclose any outdoor play areas. • Dogs are kept indoors for overnight boarding. Mr. Hickok stated that Staff has determined these conditions are necessary for the proposed use to meet the purpose and intent of the Comprehensive Plan and zoning ordinance. Staff has determined that the petitioner's request meets the conditions set forth: • The proposed business is located over 500 feet from any residential property. • The petitioner proposes to construct an 8 foot solid vinyl fence to enclose the outdoor play area. • The petitioner will keep all dogs indoors during the overnight boarding. Mr. Hickok said if the text amendment is approved, petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. The existing property is 22,630 square feet (.52 acres) and the existing building is 7,700 square feet. The building currently has three overhead doors facing Beech Street. Petitioner plans to enclose two of the FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 5 doors and install a window within one of them and to do some paint work and install new signage to enhance the exterior of the building. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. Petitioner is proposing to install 13 stalls and proof an additional 5 stalls if the need were ever warranted. Petitioner plans to remove the existing loading dock area in the front yard in order to make room for the parking stalls and additional landscaping. Petitioner has submitted a plan that shows seven new trees and shrubbery or perennials to be planted along the front of the building. Mr. Hickok stated petitioner recognizes that the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, this is a free-standing building so interior noise will not be an issue. Petitioner states that external noise has not been an issue with other Camp Bow Wow locations. The 8-foot high solid vinyl fence is a key element to sound abatement. The dogs are kept inside, with only brief, monitored time periods outside. They hire staff who are well trained in animal behavior and who constantly monitor the dogs inside and outside. If necessary, overly disruptive dogs will be placed in a kennel and the owner will be called to pick them up. The City's noise ordinance also protects the City from any potential noise problems. Mr. Hickok said the petitioner has stated that the clientele targeted for their type of business is very selective, which requires their facility to remain spotless. They use specialized bio-gradable cleaners and disinfectants, which are the same products used in hospitals and childcare centers. Camp Bow Wow provides all franchisees with set cleaning schedules and evaluations are conducted year-round to insure proper maintenance of the facility. The Camp Bow Wow waste removal routine includes constant play area clean-up and disposal into a lined galvanized steel trash can with a lid. A typical Camp Bow Wow produces approximately one large garbage bag of waste each day, which is placed in the dumpster which is located in the rear of the building near play area number three. Mr. Hickok stated that the petitioner has articulated to staff that the dogs are typically let outside into the play area to relieve themselves, so as to not create confusion for the dog. It's CBW policy to place 4 inches of level pea gravel in the outdoor play areas, which is specifically designed for dogs. The gravel material allows for easy clean up, prevents digging, and is safe for the dogs to ingest. Staff has determined that it is in the City's best interest to have the petitioner remove the existing asphalt surface to construct the exterior play area. Four inches of pea gravel would then be placed on top of the ground, which will prevent the urine from running off into the storm sewer and will instead allow it to seep into the ground to be treated. Mr. Hickok said that City staff has not heard anything from neighboring property owners. A public hearing was held at the December 19, 2007, Planning Commission meeting for Text Amendment, TA #07-02. After a brief discussion, the text amendment was unanimously approved. Staff recommends approval of this text amendment request, subject to seven stipulations. Dog day/overnight boarding use will be allowed by a special use permit. Any impacts of the business will be mitigated through stipulations. Staff also recommends approval of the special use permit request, subject to stipulations. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 6 Mr. Hickok stated that Staff recommends that if the text amendment and special use permit are approved, the following stipulations be attached: 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. Mr. Hickok stated that the petitioner plans to redesign the interior space of the building to include a lobby, reception area, office, utility/storage rooms, a lounge, a dog interview room, 58 kennels, and 3 indoor play areas. They are also proposing to have a 20' x 110' outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow them to divide the dogs by size and behavior. The outdoor play areas would be connected by doors to three additional play areas inside the building. Councilmember Bolkcom asked if the text amendment only applies to the S-3 Onaway District. Mr. Hickok answered that is correct. Councilmember Bolkcom said she was concerned about the noise. Mr. Hickok said the dogs will not be outside unsupervised. If the dogs are acting up, staff will handle the problem. Councilmember Bolkcom asked if the walls were soundproof enough to handle the noise at night so neighbors could not hear the noise outside the facility. Mr. Hickok said that music is played at night and the facility is regulated by a franchise agreement to keep the noise under control. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 7 Councilmember Bolkcom asked if the text agreement and special use permit would be reviewed annually so if issues came up regarding noise and/or smell they could be taken under consideration upon renewal. Mr. Hickok answered that is correct. Councilmember Saefke asked how far away a resident building was from the facility. Mr. Hickok said the nearest residential property was 1,200 feet west of the facility. Councilmember Saefke asked if the industries in the area worked more than one shift. Mr. Hickok answered that there is a woodworking industry that has a second shift. Councilmember Saefke said he was concerned about the noise but if the special use permit is approved, no resident should be affected by the noise as the homes are located a ways from the facility. Councilmember Varichak asked why the facility is not staffed at night and if there were an emergency what the protocol would be to contact someone. Mr. Hickok said there is an internal policy/protocol the company is already doing and the area is tightly regulated. Councilmember Varichak asked if any type of dog is allowed or if just a certain size or type is allowed. Mr. Hickok said that any size dogs and types are allowed. Mayor Pro Tem Barnette asked how long the building has been vacant. Mr. Hickok said the building has been for sale for a while. He was not sure how it had been vacant. Mayor Pro Tem said he understood that the play area was divided into three areas for small, medium and large dogs. Mr. Hickok said that is correct. Nick Netley, Camp Bow Wow Representative, said that the facility used to be staffed at night but if people are there at night, the dogs bark more. At 7:30 p.m. classical music is put on, the lights are dimmed and the dogs are given a frozen treat. This quiets the dogs down for the evening. The security system in the facility compares to a security system in a bank It is very sophisticated and will alert the Camp Bow Wow manager and owner if any emergencies occur during the evening. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 8 Mr. Netley said that regarding the type of dogs that are allowed, no pit-bulls or Staffordshire Terriers are accepted. Dog owners who wish to have their dog stay at the facility must go through an interview that takes about three hours. In the first 2'/z months the facility had over 400 clients and 30 to 40 dogs did not pass the interview. They try to keep the group small enough in order to stay in charge of the dogs. No dogs are allowed in the play area unattended. Councilmember Varichak asked why they picked Fridley for the site. Connie Vogtlin, Camp Bow Wow owner, said that this location is close to her home plus both owners work close to the facility. Councilmember Varichak asked where the nearest dog overnight facility was to this location. Mr. Hickok answered New Brighton. Councilmember Bolkcom asked about the pea gravel and filtration and if there were any studies to back up the data. Mary Jo Bailey, CMV Properties, said that she will get the studies to staff. Councilmember Bolkcom said she was concerned with the disinfectant that would be used. Ms. Bailey said that dogs perspire through their paws and any disinfectant can go into their system through their paws, so the product has to be safe for the dogs and the environment. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:03 P.M. NEW BUSINESS 8. First Reading of an Ordinance Amending Chapter 205, Section 205.25, Related to Allowing a"Dog Day/Overnight Boarding" Use by a Special Use Permit in the S-3, Heavy Industrial Onaway Addition (Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow) MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. Councilmember Bolkcom asked that the information regarding the pea gravel, filtration and disinfectant be received before the second reading. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Granting a Gas Pipeline Easements from the City of Fridley, Minnesota, to CenterPoint Energy Resource Corporation, D/B/A CenterPoint Energy Minnesota Gas (CenterPoint Energy). Jack Kirk, Director of Parks and Recreation, stated that CenterPoint Energy is planning to construct and operate a natural gas pipeline to service the Riverside Power Plant in Northeast Minneapolis. They are in the process of securing easements for this pipeline along the route approved by the Minnesota Public Utilities Commission. The pipeline through Fridley generally follows the Burlington Northern Railway corridor and will require easements in several of our City parks. Construction on the pipeline is scheduled to be completed this spring and summer. Mr. Kirk said in November, 2006, CenterPoint Energy requested and received several easements in several of our parks. At that time, the engineering for the pipeline was not complete. CenterPoint has completed the route and are asking for some additional easements from the City of Fridley. Mr. Kirk said four parcels will be affected. Three of them happen to be within the park system. These involve some temporary easements as well as some permanent easements. These easement requests were brought to the Parks and Recreation Commission at their January 7, 2008, meeting. The Parks and Recreation Commission addressed the three parcels that affected the park system and had no problems with the areas of the easement, but there were some concerns at that time with Exhibit C which was attached to the agreement. The motion passed supporting the approval of the easements within the City parks contingent upon working out the details of Exhibit C to the satisfaction of City staff. Mr. Kirk said that the easement requests and related documents have been reviewed with Public Works Director Jim Kosluchar, Parks Supervisor Dave Lindquist, and Springbrook Nature Center Director Siah St. Clair. In addition, City staff has met with representatives of ProSource Technologies and CenterPoint Energy and are in agreement with the items included in the easement document. Staff recommends that the City Council approve the resolution and easement agreement with CenterPoint Energy. Councilmember Saefke had concerns with the water and sewer lines that are running in the area. He wanted to make sure there is enough space between the lines. Jim Kosluchar, Public Works Director, said they do not have specific plans at this time, but there will be a coordinated effort by all departments when the plan is drawn up. There will be a one foot vertical separation between the lines. Councilmember Bolkcom asked if the construction would affect the parks. Many residents play and live in the area and she wanted to make sure precautions were taken into consideration during construction. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 10 Mr. Kirk said there would be some disruption but they did not anticipate any adverse affect on the parks. Councilmember Bolkcom asked what the time frame would be. Mr. Kirk said the construction would take place after the ball season is over. The back two fields at Community Park will not be able to be used but that should not affect the Parks and Recreation programs. The construction will not affect any of the park trails. Councilmember Bolkcom asked what the construction time frame would be. Scott Steiner, ProSource Technologies, said construction would start on April 1, and the majority of the work would be done in April, May and June. Typically each property will take 2 to 4 weeks to complete. Councilmember Bolkcom asked how people would be notified of the construction. Mr. Steiner said a letter would be mailed out one week in advance to residents within 2 blocks of the construction site. Those directly affected would be contacted before, during and after construction. Councilmember Bolkcom said that might not be notifying all the people who use the parks or those who will be affected by the noise. Mr. Steiner said that they worked with staff and decided on a two-block area for the construction and 80 feet for the noise issue. Councilmember Bolkcom asked what the time frame was for construction on the park. Mr. Steiner said that they currently are projecting the middle of May for the directional drill and they would coordinate the schedule around the church's needs. Councilmember Bolkcom asked if this was the type for the project--that once it is started you need to keep going 24/7. Mr. Steiner said that 24-hour activity is not necessary. For the most part, all the work should be done within normal business hours. Councilmember Bolkcom asked how loud the noise would be. Dale Anderson, CenterPoint Energy, said there would be some noise sounding like two diesel engines. They do put up ground walls with plywood to minimize the sound. The drills would start at 7:00 a.m. and should be done before nightfall. Councilmember Bolkcom asked if staff is happy with what has been done and if anything needed to be changed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 11 Mr. Kosluchar said staff is satisfied. William Burns, City Manager, said staff has a good relationship with CenterPoint Energy. Councilmember Varichak asked if signage would be posted saying this is a natural gas line. Mr. Kirk said that signs would be put up for safety purposes. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-10. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Special Use Permit Request, SP #08-01, by Sprint PCS, to Allow the Construction of a 125 Foot Telecommunications Tower in an M-3. Heavy Industrial, Outdoor Intensive Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3) Scott Hickok, Community Development Director, stated that Mr. Stulz, with Pro Source Technologies, who is an agent for Sprint PCS, is requesting a special use permit to allow the construction of a 125-foot telecommunications tower at the industrial property, owned by Greg Dahlke, of Dahlke Trailer Sales, which is located at 8170 Hickory Street NE. The Planning Commission held a public hearing for this request on January 16, 2008. The request was approved on a 4 to 2 vote, allowing the petitioner to locate the tower in their desired location. Mr. Hickok said staff's recommendation (contrary to that of the petitioner and the Planning Commission) is that the proposed location does not follow basic site planning and the proposed location is contradictory to City code requirements. The City Code is very specific about the fact that these structures need to blend into the surrounding environment. Staff recommends Location A as the relocation area. City Code requires that all properties, no matter where they are located within the City and whoever is traveling the roads adjacent to those parcels, meet code requirements. Just because this property is on a dead end street does not allow the City to be less restrictive. MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #08-01, by Sprint PCS, with the following six stipulations: 1. Telecommunication tower to be relocated to Location A as depicted in the January 28, 2008, City Council mema (As amended.) 2. A building permit shall be obtained prior to commencement of installation of the tower or facility equipment on this site. 3. A landscape and screening plan shall be submitted and approved by City staff prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 12 � 5 � The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. The facility shall be designed to discourage unauthorized entry. No signs other than warning or equipment information signs are permitted as part of this application. Seconded by Councilmember Safeke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to amend Stipulation No. 1 and change the location to Location A. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom commended staff in working with the petitioner to find a location that works for both parties. 10. INFORMAL STATUS REPORT Councilmember Bolkcom said State caucuses will be held on February 5 at 7:00 p.m. Democrats will meet at Fridley High School and republicans have three different locations to meet. People can call the City Clerk or check the City's web site for locations. William Burns, City Manager, said the February newsletter will go out the first week in February. ADJOURN MOTION by Councilmember Varichak to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED ADJOURNED AT 8:40 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE MEETING Robert L. Barnette Mayor Pro Tem