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05/26/1993 t f PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MAY 26, 1993 7:30 P.M. Public Copy Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MAY 26, 1993 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: May 12, 1993 PUBLIC HEARING: SPECIAL USE PERMIT, SP #93-07. BY ANIMAL MEDICAL CLINIC: Per Section 205. 14. 01.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. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF APRIL 20, 1993 ADJOURN: . .. ................,....,...,...,.,v.,n...n..nx>..au.xacwoix>txSFf'i>iNfOd8027i)t:52SC` :KSiYAi>itw`i1:ai1:?wi5:}wi}w AiSA�t}?isi}.i}i1ry.Qi7ifi}<1i7QitSi;Yit{;3?;ti2i}i CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 12, 1993 CALL TO ORDER: Chairperson Newman called the May 12, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dean Saba, Diane Savage, Brad Sielaff, Connie Modig, LeRoy Oquist Members Absent: Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Thomas Lininger, Sound Waves, Inc. Kelly Kitzman, Sound Waves, Inc. Peter Smith, BWBR Architects Choy Leow, BWBR Architects John Murphy, Unity Hospital Byron Bruce, Unity Hospital Walt & Pat Lipa, 7527 Lyric Lane Paul & Liz Lawrence, 7512 Tempo Terrace Thomas & Gloria Egan, 6425 Able Street APPROVAL OF APRIL 28, 1993 , PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Savage, to approve the April 28, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. (Tabled 4/28/93) PUBLIC HEARING: SPECIAL USE PERMIT, SP #93- 05, BY SOUND WAVES, INC. : Per Section 205. 18. 01.C. (3) of the Fridley City Code, to allow commercial retail uses in the M -2, Heavy Industrial zoning district, on Lot 1, Block 1, Northco Addition, generally located at 7237 University Avenue N.E. Public hearing open. MOTION by Mr. Oquist, seconded by Ms. Modig, to remove the item from the table. -:)).). ___♦ '):; )tiwti2�S:.Tva`+is� b)cw,.ucan+...M++n.......... _ _ .... PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this property is located in the southeast quadrant of 73rd Avenue and University Avenue. The property is zoned M-2, Heavy Industrial. Located on the property is a multi- tenant office/warehouse/showroom facility. Ms. McPherson stated Section 205.18.01.C. (3) . (a-f) of the Fridley Zoning Code permits commercial retail uses in the M-2, Heavy Industrial district, with a special use permit. This section sets forth the following standards which must be complied with prior to the issuance of a special use permit: a. The maximum floor area occupied by such uses shall not exceed 30% of the building with no individual tenant exceeding 5,000 square feet. b. The parking supply shall be in compliance with the zoning code. c. Only wall-mounted signs shall be permitted. d. The proposed use will be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the existing level of service on adjacent streets at intersections. e. The proposed use is compatible with the area in which it is proposed to be located. f. The building owner and/or agent shall be responsible for informing any perspective tenant that the property is zoned for industrial use. Ms. McPherson stated Sound Waves is a commercial entity which sells and installs automotive electronic systems. They also install their products and will have a small garage space for installations. Sound Waves will lease 3, 100 square feet, 1,200 square feet will be retail. The total building square footage is 47, 000 square feet; 30% equals 14, 000 square feet, so this meets standard (a) which states that maximum floor area shall not exceed 30% of the building with no individual tenant exceeding 5,000 square feet. With the retail portions of the other tenants, the total retail square footage equals 6,850 sq. ft. , less than the 14, 000 sq. ft. which is permitted. Ms. McPherson stated the petitioner will be required to provide nine parking spaces based on the retail/warehouse parking ratios set forth in the Zoning Code. The total number of parking spaces used by the existing and proposed tenants is 119, and there are 162 spaces available on site for existing tenants. There is PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 3 adequate area to provide parking for the remaining tenant spaces in the building. Ms. McPherson stated the petitioner can meet the remaining standards (c-f) regarding signs, levels of traffic, and the proposed use is compatible with adjacent uses in the building. Although the building owner is responsible for informing any prospective tenant that the property is zoned for industrial use, the City notified the other tenants of this proposed special use permit. Ms. McPherson staff recommends that the Planning Commission recommend approval of SP #93-05 by Sound Waves with the following stipulations: 1. The building owner shall notify the City upon change in tenant use and parking availability. 2 . Expansion of the retail use shall require a special use permit. 3. The petitioner shall install the required sprinklers for the H-4 occupancy (garage space). 4. The petitioner shall install dust collectors if fumes and/or dust is generated. Mr. Thomas Lininger stated he is the President of Sales for Sound Waves. He stated they have no problem with the stipulations. He stated that if they do expand their retail use, it will probably be to another building. They will make sure the sprinklers are up to the H-4 requirements, and they will have a dust collector installed in the room where they will generate wood or fiberglass dust. Mr. Lininger stated that it appears that no one in the building objects to this special use permit. He stated they like the building and the location. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of Special Use Permit, SP #93-05, by Sound Waves, Inc. , per Section 205. 18. 01.C. (3) of the Fridley City Code, to allow commercial retail uses in the M -2, Heavy Industrial zoning district, on Lot 1, Block 1, Northco Addition, generally located at 7237 University Avenue N.E. , with the following stipulations: ,.... ........•>. >..>,>>.• aa•.,raasisi>xti;zs25xz>2>i>2>z>zstr>.•:<:.:>ii,ixz,:>b :a;ziti'z> isizi2i2iii:izi2t2i:i2Rtztii2izitti2t2i2Sif2tZxzt2f2f2tA32.RxR7At!a;xlRRii<NYRuiitzaausis:iti::;:x.rz,rsaxw:sas: PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 4 1. The building owner shall notify the City upon change in tenant use and parking availability. 2. Expansion of the retail use shall require a special use permit. 3. The petitioner shall install the required sprinklers for the H-4 occupancy (garage space) . 4. The petitioner shall install dust collectors if fumes and/or dust is generated. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 7, 1993 . 2. PUBLIC HEARING: SPECIAL USE PERMIT, SP #93-06, BY BWBR ARCHITECTS FOR UNITY HOSPITAL: Per Section 205.07.01.C. (8) of the Fridley City Code, to allow an expansion to a hospital facility, located on all that part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 30, Range 24, described as beginning at the Northwest corner of said quarter quarter; thence on an assumed bearing of south 1 degree 7 minutes 22 seconds East along the West line of said quarter quarter a distance of 1188.03 feet to the most northerly corner of Melody Manor 2nd Addition; thence continuing South on the last described bearing a distance of 54.88 feet to a corner of said addition; thence north 46 degrees, 59 minutes, 44 seconds East a distance of 67.97 feet to another corner of said Addition; thence Northeasterly along the Northwesterly line of Lyric Lane as shown on the plat of Melody Manor 4th Addition on file and of record in the office of the Registrar of Deeds in and for Anoka County, Minnesota, for a distance of 948.71 feet to the Southwest corner of Outlot 1, said plat of Melody Manor 4th Addition; thence North along the West line of said Outlot 1, to the North line of said Section 11; thence West along the North line of said Section 11 to the point of beginning, all according to the United States Government Survey thereof, and to the respective recorded plat thereof, Anoka County, Minnesota. Subject to an easement for public road purposes over the North 33 feet thereof. MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:48 P.M. . ... ................ .... ,..,., _; ...... .. .. ., s.....s...,.x....s.....w..xw.xso,afl)CW C or.,..Ot.rso...xn x..x. s...............a PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 5 Ms. McPherson stated the petitioner is requesting that a special use permit be granted to allow the expansion of a hospital facility in an R-1, Single Family District zoning district. The Unity Hospital property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the west and southeast. There is a small portion of R-2, Two Family Dwelling zoning, to the southwest, and CR-1, General Office zoning, to the east. Ms. McPherson stated the petitioner is proposing to construct a 22, 000 sq. ft. expansion to the surgery area to consolidate the surgery facilities. The expansion will be located in the southeast corner of the hospital campus. The surgery expansion will necessitate relocating an existing maintenance garage, a brine tank (used to store saline solution) , and underground fuel storage tanks. Ms. McPherson stated the project meets all the parking and building setback requirements. The petitioner is proposing to replace the parking that will be displaced by the surgery expansion. There will be a new lot along Lyric Lane south of the surgery expansion, and there is an additional parking expansion south of the existing parking area. Ms. McPherson stated the petitioner has not yet submitted a landscaping plan, but staff has several comments regarding the impact to the existing landscaping. Those are: 1. Grading around the new garage location should be done carefully as to minimize the impact to seven mature spruce trees. These spruce trees may need to be temporarily relocated during the grading operation. 2. Four spruce trees to be removed with the proposed parking expansion should be replaced. 3 . Four Hackberry trees to be removed with the surgery expansion shall be replaced. 4. Eleven oak trees to be removed with a second parking lot expansion should be replaced. Ms. McPherson stated the existing landscaping and berming will provide adequate screening for both parking expansion areas. Ms. McPherson stated staff received a telephone call from a concerned resident about the amount of traffic that will be generated during the construction period, i.e. , trucks bringing in materials, etc. Staff has asked the petitioner to address this issue and submit a plan addressing the construction traffic in and out of the site. The resident also stated that employees exiting the parking lot onto Lyric Lane do not stop, and she is concerned about the safety of the children in the area. The petitioners have hhh2RRY1)1,21111h,hlhh Y,i. . hl t*?> h.1111.1h'1'1113 tit;: ..vh>tL?.ii323:1gi1 is888i1tiri..?2`>.3iW1>? ?hikii 1W PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 6 indicated that the surgery expansion will not increase the number of employees. She stated staff has also asked the petitioner to address the issue of employee traffic onto Lyric Lane. Ms. McPherson stated the petitioner has submitted a preliminary grading and drainage plan which has been reviewed by Scott Erickson, Assistant Public Works Director. Mr. Erickson outlined several comments in a letter to the petitioners dated April 27, 1993. The petitioner is working to comply with these comments. Ms. McPherson stated the petitioner must develop a detailed management plan to address general site maintenance during the construction period including blowing debris and potential wind erosion. Ms. McPherson stated the relocation of the underground tanks shall comply with MPCA rules and the Uniform Fire Code. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. Removal of the underground fuel storage tanks shall comply with MPCA and fire code requirements. 2. The addition shall be constructed of building materials similar to the existing hospital facility. 3 . The petitioner shall comply with the comments outlined in Scott Erickson's letter dated April 27, 1993 . 4. The following plant materials shall be replaced: a. Four spruce trees b. Four Hackberry trees c. 11 oak trees 5. The petitioner shall submit a detailed management plan regarding management of the site regarding loose debris, erosion, and construction traffic. Ms. Savage stated she would like to see the requirement of a landscaping plan as one of the stipulations. Mr. Sielaff asked if stipulation #5 also included water erosion. Ms. McPherson stated, yes, this stipulation addresses erosion in general, wind or water. ..:)u:]L].>..:>tro.).'.)L)c:,L•Ln...•.s..Lai.tai)t`.r .,a.,.,•..:`ia:..`!i:`:;t.i.a<...L•i .t, SYL. .ai•. `L`i ... !. .. ..t).,a. ).•.•.,..t>bia2+:>2)2>2Z!1)a.arA232>2>23i33Y)ikiY!h232rira�kr2>i].r8t�823b'�3b2rA.r23k!232�23232siri!2]2)2!irii:liri]`2i:>A,t•:.:2::>2?i32.2'tit#i12!i�At���3it�#23$ti:3i3�i332t{�i3 PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 7 Ms. Newman asked if this proposed project falls within the scope of the storm water ordinance recently adopted by the City. Ms. McPherson stated, yes, it does. Mr. Peter Smith, BWBR Architects, stated the expansion is proposed to the south of the same day surgery facility. They will be taking the regular surgery facility and moving it to the lower level immediately to the south of the same day surgery facility. This will consolidate the Surgery Department and will allow the hospital to function more efficiently. He described where the additional parking would be located. Mr. Smith stated that regarding construction traffic, it will be difficult to eliminate any disruption to the neighborhood; but they will try to minimize the impact as much as possible. Mr. Smith stated the displaced maintenance garage will be relocated southwest to the existing boiler room building. Landscaping will be installed to reduce the effect on the residential area to the south. Mr. Smith stated the existing brine tank, two fuel oil tanks and two gas tanks will be removed, and new tanks will be installed at new locations. They will be testing for leakage and soil contamination as required by the MPCA. Mr. Smith stated a fair amount of construction traffic will be accommodated directly off Madison Street, but there will be some job construction trailers directly south of the hospital. The entire construction site will be protected and fenced off for the safety of adults and children. They will have protection around the perimeter of the site for soil erosion. Mr. Smith stated they will be submitting a detailed landscaping plan which will be more extensive than that described by staff. They are planning a large amount of vegetation on the south side and east side of the garage. The garage will look better in its new location than in its old location. There will be more landscaping along the existing parking lot and the new lot on the south side of the garage. Ms. Smith stated they will also be submitting a plan that shows the proposed lighting. They will probably just extend the existing lighting with standards that have sharp cutoffs to keep light from shining out of the boundaries of the parking lot. They will have security lighting on the building. Ms. Pat Lipa, 7527 Lyric Lane, stated she is a neighbor and an employee of Unity Hospital. She stated she lives directly behind the hospital, and her main concern is with employee traffic. She stated there is only one small driveway from the employee parking •,, tititi 'i' 1 i ii3, t ''`i, 3:33i3323t33323?3 3?? 33''��� a?. z z3'?2333''2i3$3313333s33i>h 3?3332 ,.z,.z.z3i�ifz?2,?.?,.,2•7? u t z�i;;:, ,..,..:ti•.,i,,..,�.:.z.......,z,.i.,r~,3.,isiiii�ii3i;z>z>r'i?i?i>.Zi�iii5i,iii?i2iti3i2i`,.,.,,,i,.>:..,.a,i,i,..,i h.R•..•,.,....::,•,z i i 2, z2 . PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 8 onto Lyric Lane, and that is not adequate. A lot of employees exit the lot here because there is no traffic signal to get onto Osborne Road. There is a stop sign onto Lyric Lane, but people do not stop for it. The Police Department has told them that because the stop sign is on hospital property, the police have no jurisdiction. Ms. Lipa stated that speaking as an employee of the hospital, she is in favor of the expansion. The present surgical services are outdated, and this will be good for the whole community., Ms. McPherson stated that other than Ms. Lipa's concerns, to her knowledge, staff has not received any other telephone calls. Mr. Smith stated that as he understood Ms. Lipa's concern, the real question is the traffic onto Lyric Lane. The issue is the volume of staff parking in the south lot and only having two outlets, one coming out onto Lyric Lane. • He stated that the hospital is currently studying the realignment of the drive out onto Osborne Road a little to the west and having a traffic signal onto Osborne Road so the visitor exit will be improved. He did not know the timeframe, but discussions have begun on this. Ms. Dacy stated staff was aware of the realignment but not the possibility of a traffic signal onto Osborne. She stated that if the hospital has made a request, Anoka County may already be doing an analysis of traffic counts on Osborne Road. MOTION by Mr. Oquist, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend to City Council approval of Special Use Permit, SP #93-06, by BWBR Architects for Unity Hospital, with the following stipulations: 1. Removal of existing and installation of new underground fuel storage tanks shall comply with MPCA and fire code requirements. 2. The addition shall be constructed of building materials similar to the existing hospital facility. 3 . The petitioner shall comply with the comments outlined in Scott Erickson's letter dated April 27, 1993 . 4 . The petitioner shall submit a landscaping plan. This plan shall include the replacement of the following plant materials: a. Four spruce trees PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 9 b. Four Hackberry trees c. 11 oak trees 5. The petitioner shall submit a detailed management plan regarding management of the site regarding loose debris, erosion, and construction traffic. 6. The petitioner shall submit a lighting plan. Ms. Dacy stated the petitioner and the City need to work together regarding the installation of a traffic signal at Osborne Road. The hospital will have to address with its employees the issue raised about the employees not stopping before exiting onto Lyric Lane. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 7, 1993. 3. LOT SPLIT REQUEST, L.S. #93-04, BY GLORIA EGAN: To split a lot into three separate parcels, described as follows: Parcel B The East 86 feet of the West 236 feet of the South 230 feet of Lot 5, Auditor's Subdivision No. 22. Except the South 30 feet thereof as taken for road purposes. Parcel C That part of the South 230 feet of Lot 5, Auditor's Subdivision No. 22 lying East of the West 236 feet thereof. Except the East 5 feet thereof, also except the South 30 feet thereof as taken for road purposes. Ms. McPherson stated the property is located just east of Squire Drive on the north side of Rice Creek Road. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Located on the property are two single family units. One is a brick rambler built in 1960, and the other is a small green two- story house with no origination date. Ms. McPherson stated the petitioner is proposing to create three lots. The westerly 150 feet will be used to provide a single lot for the existing single family rambler. The remaining parcel will be split into two parcels, each 86 feet in width. The petitioner 2 2`'�,• `iY• 2\ 2'2 2 \2`` '2`.2d` 2`' `2 tt2Y:)Yti2Y?t),Y.Y.2 2 i i`.,j2`,�:Y)T`12.2.>2it�2i2i21 5...`2 Ti 2 i•2�`. PLANNING COMMISSION MEETING, MAY 12. 1993 PAGE 10 is proposing to remove the existing green house to create two vacant parcels which will be sold as buildable lots. Ms. McPherson stated the City is currently billing two accounts for water and sewer for this parcel, one for each house. A third service will need to be provided for Parcel C. The Anoka County Highway Department has indicated that a single access point for each lot will be allowed onto Rice Creek Road. The new property owners will be required to obtain a permit from the County to do any work in the right-of-way for curb cuts or driveways. A park dedication fee of $750.00 will be required at the issuance of a building permit for Parcels B and C. Ms. McPherson stated the petitioner did submit a topographic map of the subject parcel. As Parcels B and C are greater than 9,000 sq. ft. and have slopes greater than 12%, the new property owners may be required to submit a grading and drainage plan and an • erosion control plan at the time of building permit application. The building permit application should be reviewed by the Engineering staff to determine if a conservation plan will be required. Ms. McPherson stated staff recommends that the Planning Commission recommend approval with the following stipulations: 1. A park dedication fee of $750.00 per lot for Parcels B and C shall be paid at the issuance of a building permit. 2. One driveway per parcel shall be submitted. 3 . A permit shall be -obtained from the -County prior to work commencing in the County right-of-way to install curb cuts and driveways. 4 . Sewer and water services shall be provided to Parcel C. 5. The single family dwelling unit shall be removed prior to recording the lot split at the County. 6. If determined by the City, a conservation plan and fees shall be submitted prior to the issuance of a building permit. Mr. Newman asked if stipulation #5 included the removal of the existing garage and shed. Ms. McPherson stated it might be prudent to require the removal of the accessory structures as well. Ms. Gloria Egan, 6425 Able Street, stated her mother owns the property. Her mother is currently in a nursing home but will be coming home soon. She stated the lots should have been split a w000t,..roo2s2Ra •;3;t:8s;::::::;:::;.. i;uu3.. ..,i. ..,...:'2i i:..,.., i&2>.,;3..,a,...,3,,.ibi• PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 11 long time ago. Her mother has been paying taxes on this large lot for a long time. Ms. Egan stated that she is planning to demolish the small green house and the accessory structures. Ms. Egan stated there is a new driveway to the existing garage on Parcel B. She talked to the surveyor about moving the lot line 5 feet to the west so that this driveway would not have to be removed. The surveyor said this could easily be done. Ms. McPherson stated the surveyor must submit a new legal description to staff before the Council meeting. The resolution for the lot split can then be amended before it goes to Council. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of Lot Split, L.S. #93-04, by Gloria Egan, to split a lot into three separate parcels, described as follows: Parcel B The East 86 feet of the West 236 feet of the South 230 feet of Lot 5, Auditor's Subdivision No. 22. Except the South 30 feet thereof as taken for road purposes. Parcel C That part of the South 230 feet of Lot 5, Auditor's Subdivision No. 22 lying East of the West 236 feet thereof. Except the East 5 feet thereof, also except the South 30 feet thereof as taken for road purposes. The Commission recommends the following stipulations: 1. A park dedication fee of $750.00 per lot for Parcels B and C shall be paid at the issuance of a building permit. 2. One driveway per parcel shall be submitted. 3 . A permit shall be obtained from the County prior to work commencing in the County right-of-way to install curb cuts and driveways. 4. Sewer and water services shall be provided to Parcel C. 5. The single family dwelling unit located on Parcel B, along with the accessory structures, shall be removed prior to recording the lot split at the County. 6. If determined by the City, a conservation plan and fees shall be submitted prior to the issuance of a building permit. T j Tabs:" PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 7, 1993. 4. VACATION REQUEST, SAV #93-02, BY ANDERSON TRUCKING: To vacate all easements located in the Anderson Development Plat. Ms. McPherson stated the Commission recently reviewed a replat of the Anderson Development plat. As an accessory to that request, the petitioner is that all the previously dedicated easements be vacated in order to dedicate new drainage and utility easements which conform to the new lot line locations. The new plat configuration does not follow the original plat of 1969. The easements dedicated in 1969 along the original lot lines are no longer required. No utility easements are located within the old easements. There will be new utilities installed in the new easements proposed to be approved with the plat. There is no adverse impact to the City in vacating these old easements. Ms. McPherson stated staff recommends the Planning Commission recommend approval of vacation request, SAV #93-02, by Anderson Trucking, to vacate all easements located in the Anderson Development Plat. Mr. Newman cautioned staff to be very careful that they do not inadvertently vacate easements in the new plat that overlap easements in the old plat. MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend to City Council approval of vacation request, SAV #93-02, by Anderson Trucking, to vacate all easements located in the Anderson Development Plat. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE APRIL 1, 1993, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the April 1, 1993, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE APRIL 5, 1993, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the April 5, 1993, Parks & Recreation Commission minutes. WS/S.-WS...Nnn M ' PLANNING COMMISSION MEETING, MAY 12, 1993 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE APRIL 8, 1993 , HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Modig, seconded by Mr. Oquist, to receive the April 8, 1993, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE MAY 4, 1993, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Saba, to receive the May 4, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the May 12, 1993, Planning Commission meeting adjourned at 8:45 p.m. Res ctfully s mitted, Ly a Saba Re rding Secretary rEal STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : May 26, 1993 City Council Date REQUEST Permit Number SP #93-07 Applicant Animal Medical Clinic Proposed To allow animal/veterinary clinics which administer Request vaccinations. Location 250 Osborne Road N.E. SITE DATA Size Density Present Zoning C-2, General Business Present Land Use(s) Retail Adjacent C-2, General Business to the East; C-I , Local Business and Zoning M-1 , Light Industrial to the South; M-2, Heavy Industrial to Adjacent Land Use(s) the West; C-2, General Business and C-3, General Shopping to the North - Retail and Industrial - Utilities Park Dedication Watershed District Six Cities ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uset Environmental Considerations RECOMMENDATION Staff Approval Appeals Commission Planning Commission Author MM/dn _ .. .. .. aa.a.Ooo.You{sx L �.TiA>�.:iJJr••-T•v SP #93-07 4nimai Medical. 0 ihic N 1/2 SEC. CITY OF • 2 . 2t N.CORNER © _ �� •/1 ill 1 1 - EAST RA'II'CH ESTATES 4 ' g • f r �� $ORN � y-, ' c�ES ,TES �' F/RSnt ••t ., it . • „ . , THIR' ADQ . 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SP #93-07 . . Animal Medical Clinic Vr";leAI . • / cr W_ 2 Q L., . 'fffri:fw:Affot.', litkeitt ipi.ri , , 54,fli of/i0 111311 11�11O t.1 ,I�tll ���yll ►••..••• veil } .. •••• i .• / •.�►.••=•� 4>A Al:;........4.o.:.oi..4L. . • / ►••••+";4.j ' Id%/►A►.•.44:•!•t4 V z r ►••••;';:4c9• / ♦•♦ '174ve o - 4 R N_ ,,.,•♦i'iL••V r(�,v'i'v'f►�.t o!' d;c ;• c . :v e_ .A .• F i•t t• ,4.4,4 utiiiii 1 B l-e - 80,,A 1. + 1. �• ki A ,. •• /z . es,,',l , 0�' r r,n I '° 1' UNITY �_1. I. M_... g O.al \' Q 1- E HOSPITAL 3 1 i. 'l ' -- _ le 11■q.U■� - - , - V ..7 '21 . I ! z ../. i 12 ITIWinurami Itle ilir Ilillii i , El ifili ,,s , . , , ! „ • , i.&:-.!. , z,,, „. „.: . 00 NEP " MI i r/ air mom Ad1 r�r�r/rlll' TH AVE. N.E. t lo. �, 1lfirf/// qy I� 73 '�• • MYNA .rz. '44-:::r: 4� , i% ::_r: ;.,-.-:-- ri ►ills • - -.e • pa.1 , .4��I��,11 ,.• � .- 1. l • llp -, t' ;.- $B...inr• , .• 1.4A- ViP 1111if i; ,� <. jJ `�,,4 s 'e. 2 ,),_,-\-644N. /3 rt 1/1E11: aim . , 11/1'f1// �,1,, , s• 3C • ZONING MAP Staff Report SP #93-07, by Animal Medical Clinic Page 2 Request The petitioner, Animal Medical Clinic, requests that a special use permit be issued to allow veterinary clinics which conduct vaccinations. The request is for Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. Site Located on the property is a single story, multi-tenant, masonry building. The primary use of the building is retail. 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. The property to the west is zoned M-2, Heavy Industrial, and the property to the north is zoned C-3, General Shopping Center and C-2, General Business. Analysis The Planning Commission reviewed a similar request by H & H Veterinary in December of 1992. The City Council approved the special use permit for the veterinary service at its February 1, 1993 meeting. Pet Food Warehouse, whose tenant space is used to conduct the vaccination clinics, is changing service providers for the veterinary services. It is their opinion that having a service provider which is connected to an established clinic provides better customer service to pet owners. A new special use permit must be issued due to the change in service providers and also a change in the intensity of the clinic. The H & H Veterinary application proposed clinic hours three to five hours per weekend every three to five weeks. Animal Medical Clinic is proposing to conduct vaccination clinics every weekend for approximately three to four hours. Section 205. 14.01.C. (10) of the Fridley City Code permits with a special use permit animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services provided the following conditions are met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing animals shall be doubled glazed with a fixed sash. • B. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air. C. There shall be no outside pens or holding areas. Staff Report SP #93-07, by Animal Medical Clinic Page 3 The intent of the ordinance section is to provide standards for full service clinics which maintain animals in their facilities on a round-the-clock basis. As in the original special use permit, the petitioner does not intend to provide full-scale veterinary services at the vaccination clinics. The petitioner only intends to provide vaccination clinics on a regular basis. There will not be holding pens, either in or outside of the building. The petitioner intends to use a small portion of the receiving area to establish the examination and vaccination area. In the original special use permit request, the petitioner provided plans for storage of the biological and pharmacy items to be used during the vaccination process. They also stated their plans to prevent the public from accessing these materials as well as used syringes and any waste associated with the vaccinations. The current petitioner has indicated that they do not need an infectious waste generators license; however, a more specific plan detailing how medical wastes are handled and stored while at the clinic site should be submitted by the petitioner. The petitioner of the original request indicated that they were currently licensed by the Minnesota Board of Veterinary Medicine. According to the State, the current petitioner is under probation by the Minnesota Board of Veterinary Medicine. The petitioner was placed on probation due to the following allegations: 1. The petitioner provided unnecessary services. 2. The petitioner directed or permitted veterinary technicians to perform procedures reserved for licensed veterinarians. 3. The petitioner prescribed or provided medications for human use. The petitioner may petition the Board of Veterinary Medicine for termination of the probation on October 22, 1993. The City imposes a licensing requirement for several types of uses in addition to the zoning code requirements (liquor establishments, auto body shops, pawn shops, junkyards, waste haulers, construction contractors) . While a City license is not required for veterinary clinics, we believe it is important to insure that the State requirements are met prior to operating in the City. A similar example would be that the City would not issue a building permit if the contractor was not properly licensed by the State. Therefore, staff cannot recommend approval of the special use permit at this time due to the petitioner's conditional licensure. Staff Report SP #93-07, by Animal Medical Clinic Page 4 Recommendation Due to the conditional licensure of the petitioner, staff cannot recommend approval of the special use permit at this time. The request, however, does meet all of the zoning code standards set forth in Section 205. 14.01.C. (10) of the zoning code. If the Planning Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The special use permit shall not become effective until the petitioner provides documentation of termination of probation. Upon receipt of said documentation, the Community Development Department shall inform the petitioner in writing that the special use permit is in effect and valid. 2. 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. 3. No vaccination supplies or medical waste shall be stored on site. 4. Any alterations to the building will require issuance of a building permit. . • lg, SP #93-07 Animal Medical Clinic J I i 0 1 I I A lidar) ci � f ' � a . e 0 ... ,, ,,,_ # # ;. - I I f 3 {3- I 3 ta io es 0-...)* wbx.3 1--� 2 Ce 1 1 ,H- w L � � s n I-- --I ' / � �_ °' 0 1 <---- -S) ',_g I 1 c , J: 4 w 5- -6 `=--- „tii,t --7' j I ./ O I e i I / \ I / \ \ V C'Q f L --3� + \ Lb -�vaYb ; a�o�S I \ -, jo --a pi ui of. , +A) & OA. • V _Anima[ Medical Cftnic, /Q4 • . �oe[ oCoc�el:, ..UVm I 26O3...J��onnepin Joulli i inneapolid, ifin. 554O8 (612) 374-4414 5/ 1/93 Attn: CLtl Council, C.L.q o6 Fk.idle/ Pakpo.e: To e.tabl.i.h a Zettn•eisz Ct.in.Lc at .the Pet Food Wakehou.e, City o 6 FkLdl ey M.i...on: To pkov.i.de pkeventatLve pet health cake .Ln an e66.Lc.Le.nt and co.t-e56ee.tLve mannek to a wide kange poputation. Location h.L.te: At Pet Food Wakehou.e Fk•i.dtey, 250 O.bokne Rd. Ct ent. . A66okdable kate.s will •.ekve a new poputat.Lon .that doe. not u.e ve.tek.Lnakq ho.p.i.tat4. Inckea.e the population o6 an.Lmal. that will be £nnocueated 1104 RabLe. . L.icen.e a takge poputatLon o6 pet. . Licen.e appt•Lcation. w.i,tt be dL.t'Lbuted at the ct.i.nLc. C.Lty w.i,tl gain some extka kevenue 6kom thL. . Mn 8oakd o6 Vetek.inaky Medicine: Met w.Lth Dk Roland Ot.on pek.onatty, they have no ke.tk-i.ct.Lon. on th.i4 type o6 pkact.ice. Meet. Mn vetek.Lnaky health .tandakd. Type. oti Sekv.Lce. : "Wettne.. C.e.Ln.i.cA -pkeven.tat.ive medicine to a bkoad kang e poputat.ion. -Routine Phu..Lcat Fxam.Lnation. - VaccLnat.ion. -Health Sckeen Te.t. - Stool exam. - Heaktwokm Te.t. -Feline Leukemia Te.t. - V i..p en.e H eaktwokm Pk ev entat.Lv e P.i,tt4 nn Veterinary'•4 y ('f �s (_.Omp/ele !/eterinary Sruieee 5oe Yaur —credal l.ow.paaion • Anima` Medical Clinic, RA aCochelz, 2) V II/ 2603 nnepin .oa[hi II/cnnaapo[i�, Mn. 55408 ( 2) (612) 374-4414 • Compana-t.i.ve Set-up6 : • -Many communL.t.Le6 6pon6on Rab.Le6 CU.i.nLc s in City Hatt. on Fine Baana - Human FLe.f!d Cat!i 6annia- Ftu vacc.inatLon6 given in eupenmaafze.th F!.o'ti.da-BLood -teotLng ctLn.Lc6 6eneenLng bon cho.2e6.tenot, gtuco.e, liven/kidney d.i.6ea.e and blood pne66une nun by pa.Lva.te med-Lcat 2ab6 . Type o6 Cti,n.Lc : -Limited bas L4-weekend6 — 3-4 hrs 1 day per '"eekend • each --•ee.kend per month. S.ta66 : -Mn t.Leen5ed ve.te'Lnan.Lan6 -ve.'en.Lnany a66.i,6tan.t6 • -2-3 intake pen.onet Set-up4 : -2 pon,tab!e examination .tab1 e6 -back drop .caeen -con6enence .tabte6 ( 2-3) and 6otd.Ln.g ehaLn6. -wa6te. necep.t.i.ete6 (.to be -taken o66-6.i..te a6.ten ctin.Lc hours ) Ho4pJta! Back-up: -An.i.mat Med.Lca! CtLn.i,c and Ho.p.i..ta.. PA 2603 Hennepin Ave So M.inneapoti.6 Mn 55408 - 2 Fa U-time Doc-ton6 and pant--tLme doc-ton6 Pit Joet Locke-tz-24 yean6 expen.i.ence Pit Dawn Btad3haw -2 yean6 expen.Lence Pit David Man6h.i,a,ava- 19 yea.n6 expen.ience Pit Jane Spnangen6- 7 yeakA expen.Lence 4 -Futt 6envice Ho6pi.tat- Sungeny, Den.t.L6.tny, Boand.Lng, Gnoom.i.ng Fmengency Senv.Lce Back-up - 0.then pno6e6s.Lonat 6-ta66 oK 10 'cute and pant--time pen.one2. Compile Ulerinarp Smite! 5o, Ytur .Serecia `rogra ni011 • V Anima[ Medical Clinic, /Z,4 2.. ota1 o&cht, .0 1 1 2603 nnepin South Minneapolis, Mn. 55408 (31 (6/2) 374-44f4 • Membet4h.i-p.i.n 6ocLetie4 and Unganiza.tion4 : -A64.ita.te Membe& o6 AmetLcan An.i.maJ Hosp.i.tal. A4.ocLa.t.i.on -Me.tnopoALtan Anima/ Ho4pL.taZ AhaocLat,i.on -VetetLnany HooL.ta.e Managers A44ocLa.tLon -MLnne4o-a Ve.tetLnaay MedLcaZ A44oe.ia.tLon Amekican V e.tetLnaky MedLcal. A4eoe.i,a.t.ion --Mn Ve.ten.ina'cy Academy o6 Continuing Education -Ame'Lean SacLety o6 Fetine Pnac.tLZ.ionek4 WLU have: -Cu4.tomet SekvLce numbea .to that ctienz3 maq ea.e..E' the doc.toa o& nun4e with que4.t.ion4 wilt aLdo neceLve the doe.ton '4 phone number who .tn.ea.ted theL' pet in eaae o6 emeJgency - -.the nambet 06 the Emergency Senv.i-ce wit.E' a!4o be pnovLded • • • Y ' l oMpte(r Uhrisoey &races 5,r Yiur l.ompawion 'V Animal rndica/ Clinic, /Z 21. Ad'oCochefs, 211711 �yy�2603 J.ennepin &uih mnneapo/e, Mn. 55408 (612) 374-4414 May 4, 1993 City of Fridley To whom it may concern: The Animal Medical is not a generator of infectious waste and as such is not required by State Law to have a license for that purpose. At the proposed Fidley site re will be conducting "Wellness Clinics" providing exams vaccinations and health screen tests. All material and syringes generated from this well animal clinic:. rill be taken off site to our main hospital at 2603 Hennepin Ave So where Ire contract Waste Management ,Savage for disposal. Sincerely, 6L9 .s74- ow r Dr oel Lockett DVN; Cornp/e/e ?Urinary -graces ..tor 4ur Special C onnpanion MI AL. gc 041 O ,.., w � ' — O Down \ gym O D4.4 w � r V � a i cno0 •-t r-- D 71cO 4 I r— C) zz O m ? n t n n � Dm � C ' C � fi 'm '- 1 m m r i� '- cn m NZ a) 1. � Z --IX z . : o01 cr cn D ,. O m '� e c CD < D O * ,� v l' m ,� �o Poi 0 ltm t m O o _ o — t3 r N 70 f N = z 00 a m ' (0 ~ . Aff 2575 North Fairview w Suite 2O0w Roseville, Minnesota 55113w Phone: (G12) G3G'Q22Q9 FAX: (612) 636'9207 May 10. 1993 City of Fridley MicheIle McPherson, Assistant Cit� Plaonsr 6431 University Avenue N. E' Fridley, MN 55432 Dea,- Ms. McPherson: Pet Food Warehouse has decided to change the veterinarians who operate vaccination and health screening clini�s in our facility. We have recently contracted with the An�mal Medical Clinic, P. A. , owned by Dr' Joel Locketz , to replace H&HI Mobile Services' We believe that the Animal Medical Cl1nic (A. M. C. ) is better prepared to meet the needs of our customers. A. M. C. is a full-service veterinary hospital with a multi-doctor staff and a 21 year history of administering total care, such as; medicine, surgery, dentistry and a clinical lab to meet the needs of ning community. A. M. C. also offers a customer service line to answer inquires and 24-hour � emergency patient back-up' , We believe that the Animal Medic�l Clinic offers more comprehensive veterinary services, a higher level of professionalism and more conveniences to better serve our customers. If you have any further «juestions or concerns re1ated to our decision, please do not hesitate to contact me. S Chief Operating Officer ,- ,-,-r +z e+c T--7 r r -7 1.7 7,s � �r g'py4S�. µ f a. f {�°y d,$$ 3 4 t,� ,� 'r kk /� '�` ;.. it.,:: �` d .• ‘ .v„,', £. xt r `(t' t,'1x, 'b d.d �6 1,1. 5C`3 &y.t Z'":'r'r`,„4's, 4 r ,, 'f" w -t"e v x G #`.yw '.,' t, ,1,* �5 i`;:<i, s`'�-'4 i ,,, a11' ,v.. r,r,�K , •u:•,:.,-rM, .,�a `K.. v,�:1- r,,,. -}..}k,'` ,.. ax ': Rh.,�cN.': aS et*� h�,� ",„ 0 .,,,,, y Ly4 �: e yr ia'pA *#u. i' t > r yn; :v r t, ? r ' a' .- Srui a fi ':: a Sx ,t t f yv a t a`-s pya-,r �' i� 1 �^ '��E '} " '�"�� fir¢,r � �a'k�J �. � a t � # Y f ,'- ,g �?� x{� � bk vC" � #"��"d t." -2� F , ��rl�+$ � mt, `i 7 r r et x , f�''�L't4 x : " to 1 x ' a"i �y 1},.' ' F , ' aFyn +y' e ,r„ 6 e; ,ti .p t a s a. y ik CITY OF FRIDLEY,! r, rp w x 6431 UNIVERSITY,AVENUE N.E.; ` • a bl S '� y. yr FRIDLEY MN;55432 ' x (612)571=34501,. 4,COMMUNITY DEVELOPMENT-DEPARTMENT SPECIAAL.USE PERMIT APPLICATION FORM a: .f PROPERTY INFORMATION — site plan required for.submittal;see attached Address: 2-co5 c�: b `,. 4 Property Identification Number(PIN) 'I- ;// 3 o z y. �-� o o � Legal description: Lour 5 ./) 2-1 Z g>K Z i �.lZ �o m m — �A�aC Lot Block ` Tract/Addition Current zoning: .: Square footage/acreage ' A Q. Reason for special use permit:Pr V v e.e.i' ATi o nl C`� ifJ i"P:$ 2 1J ,mot E , F b 4� E+o u SE s ° i. Section of City Code: =" Have you operated a business in acity which required a business license? Yes X No r ' a ,If yes,.which city? If yes, what type of business9 4Ys -ri&ini Ad 14o5 P,rf+L was'that license ever denied or revoked? Yes No FEE OWNER INFORMATION`(as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME OS RoR.a e = C Ross 1 NG 5`. i9/t 1"Ai E .5 H-i P ADDRESS 4 2- o e EIJ J 'T2A I- rYl PI.S /Y1 .. b-.rL:y) DAYTIME PHONE ig - 3 `, '' SIGNATURE " ,,, , ." C DATE s. , PETITIONER'INFORMATION. L NAME Rt'JimA-t, Mkt 641, G1 L(N i-e, 'PA ADDRESS z.bo 3 3ts)EP)tit 60 1'n ekS, Mn� sa;;1fo d DAYTIME PHONE 3 7'l-yS�I il SIGNATURE ( 4:4 i'///. DATE '(i.3-o 193 Fee: $200.00 $100.00 for residential 2nd accessory buildings Permit SP# Receipt# Application received by: Scheduled Planning Commission date: Scheduled City Council date: PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, May 26, 1993 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #93- 07, by Animal Medical Clinic, per Section 205. 14.01.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. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 19, 1993. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: May 11, 1993 May 18, 1993 SP #93-07 Planning 5/7/93 Animal Medical Clinic MAILING LIST Council Animal Medical Clinic 2603 Hennepin So. Minneapolis, MN 55408 Toolkraft Inc. Pictures to Go Osborne Crossings Partnership 7500 Commerce Lane N.E. 230 Osborne Road N.E. 4230 Central: Avenue . Fridley, MN 55432 Fridley, MN 55432 Minneapolis, MN 55421 William Zbikowski Metz Baking Co. Osborne Crossings 7500 Commerce Lane N.E. 250 Osborne Road N.E. c/o Michael Hurley Fridley, MN 5.5432 Fridley, MN 55432 Barna, Guzy, and Steffen 400 Northtown Financial Plaza Bob's Produce Ranch Stone Fabrics 200 Coon Rapids Boulevard Robert Schroer 240 Osborne Road N.E. Coon Rapids, MN S5433 7620 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Current Resident Planning Comm. Chair 7521 Commerce Lane N.E. Lyndale Garden Center Fridley, MN 55432 7616 University Avenue N.E. City Council Members Fridley, MN 55432 University Station 7610 University Avenue N.E. Fridley, MN 55432 • Marquette State Bank 225 Osborne Road N.E. Fridley, MN 55432 Current Resident 7541 Commerce Lane N.E. Marquette State Bank Fridley, MN 55432 5250 Central Avenue N.E. Columbia Heights, MN 55421 Charles Smith 10512 Spring Hill Drive Consolidated Container Carmel, IN 735 - 3rd Street North Minneapolis, MN 55401 Pet Food Warehouse 250 Osborne Road N.E. Current Resident Fridley, MN 55432 7600 University Avenue N.E. Fridley, MN 55432 Current Resident 7580 Commerce Lane N.E. Continent Oil Company Fridley, MN 55432 Drawer 1267 Ponca City, OK Sunpine 3563 Ely Lake Drive Perkins Eveleth, MN 55734 7520 University Avenue N.E. Fridley, MN 55432 George Halvorson Hol Inn Box 18127 Memphis, TN To: City of Fridley May 12, 1993 From: H&H Veterinary Services Re: Special Use Permit request by Joel D. Locketz, DVM/Animal Medical Clinic It has come to our attention that Joel Locketz, DVM/Animal Medical Clinic has applied for a Special Use Permit with the City of Fridley. As a veterinarian, as business owners and as members of this community, we feel it is our duty to inform you of the following: The Minnesota Board of Veterinary Medicine has placed Joel Locketz, DVM(licensed to practice veterinary medicine in the State of Minnesota)on probation because of the following allegations(see attached report, pg. 1): Licensee provided unnecessary services; • Licensee directed or permitted veterinary technicians to perform procedures reserved for licensees; Licensee prescribed or provided medications for human use. It was Dr. Locketz's decision to expressly waive formal hearings on all facts and legal conclusions regarding the case in exchange for being placed on probation for at least two years(pp. 2,5,7). Dr. Locketz recently approached H & H Veterinary Services regarding the vaccination clinics being conducted at Pet Food Warehouse stores. Pet Food Warehouse stores recently underwent a change of ownership and management. With this change, though they were satisfied with the services provided by H& H Veterinary Services, Pet Food Warehouse decided that further clinics would be conducted by Dr. Locketz/Animal Medical Clinic. Upon that decision, Dr. Locketz contacted H & H Veterinary Services asking for complete operating procedures, copies of all forms and all client records in exchange for employment with his clinic. Before making any decisions, we did some background research on Dr. Locketz. We found the attached report as well as many rumors. Upon our next conversation with Dr. Locketz, we expressed our intent to consult with an attorney before handing over ally forms, records, procedures, etc. Dr. Locketz, then, promptly hung up the phone and never resumed contact with H & H Veterinary Services. Since then, H & H Veterinary Services has been conducting vaccination clinics in other pet food stores in the Twin Cities. We are concerned about the moral character and ethics of anyone conducting business in our community. We hope the information provided will help you come to a decision regarding this matter. Sincerely, Uri Herzberg, DVM ZA' - b Mala Herzberg, Manager/' ll A------ Av1i nviad fkit Ca-Q eit'ni c woLs also i4 3. Cayn.e( ,, +` A4- re. f av' 1ocai Ve nv\o c tnS STATE OF MINNESOTA - BEFORE THE MINNESOTA • BOARD OF VETERINARY MEDICINE In the Matter of Joel D. Locketz, DVM STIPULATION AND ORDER License No. 0-9-70 WHEREAS, the Minnesota Board of Veterinary Medicine (Board) is an agency duly established under Minnesota Statutes, Chapter 156, for the purposes, among others, of licensing veterinarians and regulating the practice of veterinary medicine in the State of Minnesota; and WHEREAS, Joel D. Locketz, DVM, (Licensee) was licensed by the Board in 1970; and WHEREAS, Licensee is the owner of Animal Medical Clinic, 2603 Hennepin Avenue, Minneapolis, Minnesota, where he has practiced veterinary medicine for the past 19 years; and WHEREAS, on or about August 12, 1991, the Board instituted the above- captioned matter by serving upon Licensee notice of the scheduling of a conference with the Board Complaint Review(Committee); and WHEREAS, pursuant to the notice, Licensee and his attorney met with the Committee on August 28, 1991, to discuss allegations that while practicing at Animal Medical Clinic, Licensee provided unnecessary services, directed or permitted veterinary technicians to perform procedures reserved for licensees, prescribed or provided medications for human use; and WHEREAS based upon the conference discussion, the parties wish to resolve this matter without the necessity and expense of a contested case hearing by entering into the instant Stipulation. • • • • NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Licensee and the Board as follows: A. During all times material herein, Licensee has been and now is subject to the jurisdiction of the Board; B. If the Board in its discretion does not approve this Stipulation, it shall be deemed withdrawn and of no evidentiary value and shall not be introduced or relied on by either party; except that Licensee agrees that, should the Board reject this Stipulation and if this case proceeds to hearing, Licensee will assert no claim that the Board was prejudiced by its review and discussion of this Stipulation or of any records relating hereto; C. Without admission of any wrongdoing, Licensee expressly waives formal hearing on all facts and legal conclusions referenced herein and any and all procedures before the Board relative to said facts and conclusions to which he might otherwise be entitled by law; D. The Board may forthwith adopt and implement the following order: 1. Licensee is hereby placed on probation with the Board, effective immediately. 2. During probation, the following terms and conditions shall apply: a.1) During the first six (6) months of probation, Licensee shall retain an adviser. The adviser shall be selected by Licensee from a list provided by the Committee. ' The list shall include the names of not less than three persons, all of whom shall be Board licensees. Licensee shall select the adviser within twenty (20) days of service upon him of the list and shall notify the Committee of the selection within the same twenty-day period. 2) It shall be the role of the adviser to observe and/or inspect and provide any indicated recommendations to Licensee relative to: a) Licensee's inpatient and outpatient procedures; b) Licensee's surgical techniques; c) Licensee's supervision of his staff; - -2- • d) Licensee's records and recordkeeping procedures, including billing procedures; and e) Such other practice-related matters as the adviser deems appropriate. All observations and inspections shall be conducted at the discretion of the adviser during normal practice hours, not to exceed a total of four (4) hours each week. Licensee shall provide a copy of this Order to the adviser before or immediately upon the • adviser's first visit to Licensee's practice premises. The adviser shall submit a written report directly to the Committee each month, including a final report. 3) Licensee shall pay all costs and fees associated with the adviser's functions, including mileage and a reasonable hourly fee for the time expended by the adviser to travel to and from Licensee's practice premises, for the time spent at Licensee's practice premises, and for. the time expended to prepare all reports required to be submitted to the Committee. All such fees and costs shall be paid promptly by Licensee to the adviser upon the adviser's submission of a monthly statement to Licensee. 4) Licensee shall fully cooperate with the adviser and the Committee to facilitate the effective implementation of the requirements of this paragraph. b. Nothing herein shall prevent the Board, or authorized Board agents, from entering and inspecting Licensee's practice premises, with or without notice, in accordance with Minnesota Statutes, Sections 156.12, Subdivision 5, and 156.20 (1990) • c.1) Within ten (10) days from the date of this Order, Licensee shall refund $70.95 to the pertinent individual identified by the parties at the conference herein. 2) Within the same ten day period, Licensee shall provide written verification of the refund to the Committee. -3- 3) In the event the individual cannot be located by Licensee upon a reasonable effort, Licensee shall donate $70.95 to a charity for the betterment of veterinary medicine. Licensee shall provide written verification of the donation to the Committee not more than ten (10) days after the donation. d.1) Within thirty (30) days from the date of this Order, Licensee shall conspicuously post at his practice premises and provide to all employees and to the Committee written statements of policy and practice. 2) At a minimum, the statements shall: a) Identify the specific functions and procedures which are permitted by law to be performed by persons not licensed by the Board to practice veterinary medicine; b) Identify the specific functions and procedures which may be performed only by persons licensed by the Board; and c) Set forth procedures to be followed in animal medical emergencies, including emergencies which arise during normal practice hours when no person licensed by the Board is on the premises. The statements shall include language to clearly indicate that persons not licensed to practice in Minnesota shall not diagnose, prescribe medications, including refills, or perform surgical correction, and that these prohibitions apply whether or not the unlicensed person is under the direction and supervision of a Board licensee. • e.1) Within one-hundred eighty (180) days from the date of the parties' previously referenced conference herein or by February 24, 1992, Licensee shall attend a course or seminar approved in advance by the Committee relating to veterinary medical ethics. 2) Not later than fourteen (14) days following the course or seminar, Licensee shall submit written evidence of attendance to the Committee. -4- 3) All costs associated with Licensee's compliance with this paragraph shall be borne by Licensee. f. License shall not prescribe or dispense any prescription drug, including refills, to any person. g. Licensee shall refrain from providing any medically unnecessary or excessive services. h. Licensee shall make and maintain all medical records in a manner consistent with the hereto attached standards of the American Animal Hospital Association. i. Licensee shall strictly comply with all recordkeeping requirements for veterinary drug transactions set forth at Minnesota Statutes Section 156.18, Subdivisions 3 and 4 (1990). j. Licensee shall not presign or authorize the presigning of any health certificate; nor shall he authorize or permit any health certificate to be signed except by a licensed veterinarian. k.1) Not earlier than twenty-four (24) months from the date of this Order, Licensee may petition the Board for the termination of probation. 2) Any such petition shall be in writing and shall include an affidavit form Licensee indicating whether he has fully complied with all of the terms and conditions of probation. 3) Any petition submitted in accordance with parts 1) and 2), immediately above, shall be considered by the Board not later than the Board's first regular meeting after the petition's receipt; provided that the petition must be received at least fourteen (14) days before the meeting. • 4) The Board shall grant a petition submitted in accordance with this paragraph if it determines that the preponderance of information received indicates that Licensee has fully complied with the Order and if Licensee is not the subject of any -5- complaint pending before the Board in which conduct substantially similar to that discussed by the parties at the conference herein of August 28, 1991, is alleged. If the Board denies a petition submitted under this paragraph, Licensee shall not submit another petition for the termination of probation earlier than six(6) months from the date of the denial. 3.(i) If Licensee fails to comply with all of the terms, conditions and requirements of this Order, (ii) if additional, verifiable allegations similar to those discussed at the parties' conference herein on August 28, 1991, are received by the Committee during the period of probation, or (iii) if any report from the adviser required under paragraph 2.a.2) hereof discloses a violation of this Order, Minnesota Statutes, Chapter 156, or Board rule, the Board shall so notify Licensee in writing at his last known address filed with the Board. Licensee shall have the opportunity to contest the allegations by submitting a written request to so contest within 30 days after service of the notice: a. If licensee does not submit a written request to contest the allegations within 30 days of service of a Notice Of Opportunity To Contest The Allegations, the issues set forth in the notice may be taken as true or deemed proved without further evidence. Upon a report to the Board of such allegations and of Licensee's failure to contest, the Board may impose additional disciplinary action, including revocation. Any Board order issued under this paragraph shall be final and binding upon Licensee and shall not be subject to judicial or administrative review or to a judicial stay pending any attempts to seek such review; b. If Licensee submits a written request within 30 days to contest the • allegations, the Board may initiate either a proceeding conducted pursuant to Minn. Stat. ch. 214 or a contested case hearing pursuant to Minn. Stat. ch. 14. 4. This Order and the Stipulation of which it is a part, including all attachments hereto, are and shall be deemed to be public documents. F. IT IS FURTHER STIPULATED AND AGREED that this Stipulation shall not in any way limit or affect the authority of the Board to initiate administrative -6- • contested case proceedings against Licensee on the basis of any act, conduct, or omission of Licensee occurring before or after the date of this Stipulation which is not related to the specific facts and circumstances or requirements referenced herein; G. Licensee has voluntarily entered into this Stipulation without threat or promise by the Board or any of its members, employees or agents, and after consultation with and advice from Licensee's counsel. H. This Stipulation contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies this Stipulation. Dated: tv�� (q I , 1991 ,(,c,te Jr:re-4 Alil J9EL D. LOCKETZ, DVM Licensee Upon consideration of this stipulation and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that the terms of this stipulation are adopted and . implemented by the Board this �.�� C day of /c- , 1991. MINNESOTA BOARD OF • • VETERINARY MEDICINE 1 );i/J ROLAND C. OLSON, DVM Executive Director -7- • • 1.00 • MEDICAL RECORDSSERVICES • 1.01 STANDARD A legible individual record must be maintained for every patient to which the hospital administers. The problem or problems under medical or surgical management must be identified. 1.02 RATIONALE 1.05.02 Medical Record Medical records serve as a basis for planning patient care and The structure of the medical record is either problem as a means of communication among members of the hospital oriented or source-oriented. The source-oriented record staff. They furnish documentary evidence of the patient's is the traditional or nonproblem-oriented medical record. illness, hospital care, and treatment, and serve as a basis for Each animal must have a separate medical record. review,study,and evaluation of medical care rendered by the However,the medical record for a litter may be recorded hospital. either on the dam's record or on a litter record until the individual animals are permanently placed or reach the 1.03 PERSONNEL age of three months.The medical record must contain,at a minimum,information sufficient to define the problem The medical staff must record sufficient information in the and a tentative diagnosis as a basis for the treatment history and examination portions of the record to justify the regimen recorded. tentative diagnosis and to warrant the treatment. No pre- k05.02A A problem is anything that interferes with the scribed coding is required, but the Hospital Director should patient's well-being and requires management or further require meticulous recording of information. Personnel en- evaluation. This may be a clinical sign, physiological tering data on a record must write in a legible format. abnormality, physical finding, abnormal laboratory test result.or a diagnosis.A problem must not be entered on 1.04 EQUIPMENT the record in more specific terms than can be defined by objective data. No particular filing equipment or system is required. How- ever, it is suggested that each Hospital Director frequently 1.05.02E Each hospital must maintain records in such a review medical record files with a critical view for ease of fashion that any veterinarian coming into the hospital information retrieval and cross-reference and for general may. by reading the medical record of a particular appearance of the files. The filing system must be adequate • patient.be able to proceed with the care and treatment of for the case load and for staff usage. Records should be this animal. The record should clearly reflect the initial purged frequently (yearly). Old records should be kept for problem, pertinent history, examination findings, tenta- compliance with federal. state or provincial, statutes of tive diagnosis. and plan for treatment/care. limitations (usually 3 to 10 years). 1.05.02C The separate listing of the patient's problems • should be maintained as the first page of the record and Los STRUCTURE can serve as the index or table of contents for the entire record. Each problem or diagnosis is listed chronologi- 1.05.01 Facility tally and represents the current health status of the animal. In the traditional (source-oriented) medical While there are no structural specifications for housing record. this list is called the •'diagnostic summary records.it is obvious that there should be adequate space index": in the problem-oriented medical record, it is for reception. filing, and clerical operations necessary called the "problem list." for both admission and discharge of patients. • 1.05.02D if records are to communicate valuable informa- veterinarian should start at one point and examine all non. they must be legible. systems. reporting them in an orderly fashion. The 1.05.03 Patient Identification veterinarian performing the examination or the assistant must enter the significant findings of each system Each patient must be properly identified. The following examined on the patient's record and note any abnormal- information should be recorded routinely and accurately ities for present and future references. on each patient's medical record: 1) patient's name. species. breed, age or date of birth. sex, color and/or 1.05.09 Laboratory Reports markings:name and location of the breeder is helpful in The patient's permanent record must note all laboratory tracing congenital problems and defects and 2)patient's tests conducted. significant abnormal conditions detect- identification number (if desired) to be used to follow through all departments on such other records as radio- ed, and results of all biopsy specimen evaluations. Graphs, laboratory reports. necropsy records, and so on. Laboratory reports including histopatholoeical and cyto- Weight should be recorded at each visit and a baseline logical evaluations may be written on the patient's record, on a separate form attached to the patient's health lab profile done annually. record. or cross-referenced on the progress notes to a 1.05.04 Client Identification record separate from the patient's chart and listed under the patient's name and/or identification number on the Each client must be identified properly. The owner's permanent record. In each laboratory, a separate labo- name, spouse. address, home and work telephone num- ratory log should be maintained in which all laboratory bers, and occupation of each should be recorded rou- tests are recorded chronologically as conducted and/or tinely and accurately within each patient's medical reported.If laboratory reports are recorded on a separate record. Other useful data would be the name of the record, they should be dated. person who referred the client or other reason for selecting the facility. • 1.05.10 Radiographic Reports 1.05.05 Chief Complaint Radiological evaluations must be noted in the medical record and should include the part to be radiographed, The complaint is a very important part of the medical special techniques, and a diagnostic record of radio- history and must be included. Observations made by the client about signs exhibited by the patient that may be graphic'ftndings. The record should contain a cross-ref- important clues to the identification of the illness and its erence number so the patient's radiographic files may be located easily. The practice of filing radiographs along underlying causes should compose the balance of the history. with the patient's medical record should be discouraged. 1.05.06 Medical History 1.0 :11 Consultation The present illness often is related to the patient's Professional consultation reports must be summarized or medical history.There may be several problems present, included in the patient's record. Telephone or on-site though'the owner may have noticed only that one for consultations with other professionals must also be which the animal was presented to the veterinarian. It is recorded, showing the consultant. date, and recommen- very important to both problem definition and treatment dations emanating from the consultation. to acquire and record as complete a medical history as possible. including all previous illnesses, injuries, sur- 1.05.12 Prognosis genes. radiographs, vaccinations, laboratory tests, an- thelmintics administered,and current medical regimens. In complex or serious cases,a prognosis should be made and recorded following thorough examination and tenta- 1.05.07 Vaccination Record tive diagnosis. The probable outcome should be de- The vaccination history must be part of the medical scribed with that term which best explains the case. record and also should appear on a separate part of the Usually one of the following applies — good, fair, medical record where it can be found easily. Clients guarded, grave, complicated, recommended treatment, should be given a certificate of vaccination to prove or euthanasia. which vaccines have been administered to their pet and the dates. This gives everyone a record of the exact 1.05.13 Prebress Notes vaccine that has been given and a schedule for complet- Records of treatment, both medical and surgical, must ing the vaccination program. minimally reflect all procedures performed in chrono- 1.05.08 Physical Examination logical order and in the context of the medical or surgical problem to which they pertain. The record of medical A report of physical examinations must be made: a treatment must include identification of each medication systematic procedure should be followed.The examining and vaccine given in the hospital.together with the doses 6 given.routes of administration.frequencies,and duration 3. cause of death. of treatment All medications dispensed or prescribed 4. postsurgical or necropsy findings. • must be recorded on the medical record. noting whether the prescription may be refilled and how many times. Mortality records related to surgical procedures may be Telephone calls changing medications or doses also must recorded in a surgical/anesthesia log. be recorded on the patient's chart or record.Client waivers of recommended care should be noted on the progress notes. 1.05.16 Dental Records 1.05.14' "Surgical Record A record of all dental procedures must be kept on the • A com rehensive summarypatient's medical record. The procedure and anesthetic p of all surgical procedures used must be recorded in the surgical/anesthesia log must be kept in the patient's medical record. A consent book. The specific tooth(by name or number)should be form for administering anesthesia and performing sur- gery with a record of the operative procedure involved listed whenever pathology exists or when corrective should be included. While the anesthesia log must be measures are taken. maintained and the surgery log is optional, combination of the functions into an anesthesia/surgical log_ is the best 1.05.17 Necropsy Reports alternative. If a necropsy is performed, the findings as required by the Pathology section of these Standards must be placed 1.05.15 Surgery Mortality Record on the patient's record. • The record of hospital mortalities should be complete and readily accessible. The record should show 1.05.18 Final Problem Definition I. type of anesthesia. After all necessary procedures have been completed. 2. condition of patient before surgery. record a final diagnosis whenever possible. • • 7 n • 8 w- J ♦- . 1 11' Community Development Department PLANNING DIVISION City of Fridley • DATE: May 21, 1993 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Comprehensive Plan As a result of the discussion with the Mayor and Councilman Steve Billings, I have prepared an alternative for the Planning Commission to consider. I understood the Planning Commission's comments to mean that they wanted to be more involved in the community planning process. Discussed at the meeting with the Mayor and Councilman Billings was a potential review of the variety of operational plans that the City has. After further consideration of this matter, it may not be a worthwhile exercise for the Planning Commission to get bogged into some of the operational details of the emergency management plan or other departmental operational plans. With the Planning Commission's charges by the State Status is to assist the community with comprehensive planning. This would include a review of the capital improvement plan since it is an implementing tool of the community. I recommend that the Planning Commission use the model completed by the Environmental Quality and Energy Commission for the solid waste fact finding report. The Planning Commission could invite and interview colleagues from other cities who have recently completed land use plan amendments. Anoka, Blaine, Columbia Heights, and Roseville would be potential models. The Planning Commission could then provide advice to the City Council as to: A. Should the City revise and update the plan? B. What model should be used? 1) Should it be a neighborhood-based model? 2) A broader community-wide focus? 3) Other Comprehensive Plan May 21, 1993 Page 2 • C. How should we do it? Based on what other cities are doing, should we hire a consultant, or should it be done in-house? The Planning Commission should discuss this suggestion and possibly make a motion or indicate to the City Council how it wishes to proceed. BD/dn M-93-295