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01/28/2008 - 6150J ' � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF January 28, 2008 ?:30 p.m. - City Council Chambers Attendance Sheet PLFASF AR/NT NAMF, A�URFSS ANfl /1'FM NUMBSR YaU ARF /NT�RFSTFD /N. Print Name (Clearly) Address Item No. + � \ t �t0 l . � � �� ,< k � �/S� (� ��r�' � l � � �� . �{. %�i ? � �i 7v � �.`.. � � �>> Q ��; r�C�ST�� Z- � � �� .�— / � .._ � �� =�i �;.� FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 � _ „'a CfiY OF FRIDLEY The City of Fridley wiil not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 7, 2008 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of December 19, 2007 ................................... 1 - 18 � C.-��,.�� 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) ......... 19 — 27 � �. �; � C-c� (1�;.�� Approve Agreement for Residentia� Recycling Program between the City of Fridley and the County of Anoka ............................. 28 - 34 4. Appointment — City Employee 5. Claims ....... 6. Licenses ....... ADOPTION OF AGENDA. � r �,.�� .%E.,l'Z'� ��.. ...... 35 l�� G'��v�`�-�' -� �i ��:� c� �-�u-�A�-��! � .... 37 - 38 �� : -�.�-�. � �' OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes 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) ................................... 39 - 46 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) .................................. 47 - 49 � � ��GC��- Resolution Granting Gas Pipeline Easements from the City of Fridley, Minnesota, to CenterPoint Energy Resources Corporation, D/B/A CenterPoint Energy Minnesota Gas (CenterPoint Ener9Y) ................................... 50 - 63 10. Informal Status Reports ADJOURN. �� ....... 64 � � CITY COUNCIL MEETING OF JANUARY 28, 2008 CffY OF FRIaLEi' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 7, 2008 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 19, 2007 ................................................................................................... 1 - 18 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) ..................................................................... 19 - 27 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the Countyof Anoka ......................................................................................... 28 - 34 4. Appointment — City Employee .................................................................... 35 5. Claims ................................................................................................... 36 6. Licenses ................................................................................................... 37 - 38 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes 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) ................................................................................................... 39 - 46 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 3 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) ................................................. 47 - 49 9. Resolution Granting Gas Pipeline Easements from the City of Fridley, Minnesota, to CenterPoint Energy Resources Corporation, D/B/A CenterPoint Energy Minnesota Gas (CenterPoint Energy) ................................................ 50 - 63 10. Informal Status Reports .................................................................................. 64 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 7, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:37 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Captain Brian Weierke, Fridley Police Department PRESENTATION — EMERGENCY PREPAREDNESS: Captain Brian Weierke, Fridley Police Department, made a presentation on emergency preparedness. After what happened in New York on September 11, the Emergency Management Department was continued under the federal direction of the Department of Homeland Security. Each state is responsible for administering their emergency management. In Minnesota, it is done through the Minnesota Department of Public Safety. The Mayor appoints the Emergency Management Director. The Emergency Management Director for the City of Fridley is Public Safety Director pon Abbott, and he has the overall responsibility for the administration of the Emergency Management organization in Fridley. Emergency Management is basically an all- hazards plan to mitigate, prepare, respond, and recover from all natural disasters, i.e., tornadoes, floods, explosions, or terroristic attacks. It also assists with the overall coordination of City resources during any type of large-scale disaster. Captain Weierke stated in the last few years, in an effort to prepare for any type of disaster or emergency in our City, we have upgraded our public safety radio communication for both Police and Fire which allows them to communicate within agencies, including the entire metro area. This also greatly increased communication during the 35W bridge collapse. Captain Weierke stated in 2005, the City passed a resolution to adopt a NIMS (National Incident Management System) on how to handle incidents. We also adopted a mutual aid agreement that will allow us to share resources with other municipalities. We have upgraded and currently monitor our eight-city outdoor warning sirens. In 2007, we revised the City of Fridley emergency operations plan and it was approved by the State, County, and the City Council. We FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 2 recently completed an upgrade of our emergency operations center and installed a generator capable of operating all of City Hall in the event we loose power. Captain Weierke said they have used a lot of the emergency management principles they have learned. They used them when President Bush visited here and after the wind storm in September 2005. They treat `49er Days each year as an exercise. Recently members from all City departments completed a tabletop training exercise regarding the pandemic flu. He said they will be involved with the upcoming Republican National Convention which will be held September 1 through 4. Councilmember Bolkcom asked if they learned anything from the incident in Maple Grove. Captain Weierke replied they actually did learn a lot from that incident and the tornado that occurred in Rogers. They do rely on the National Weather Service. They are the ones that notify Anoka County, who in turn sound the sirens in Fridley. The City's eight sirens are tested weekly to make sure they are operating. If any of them are faulty, they are repaired immediately. Councilmember Bolkcom asked if there was anything he recommended to persons in Fridley in terms of having their own type of emergency management. Captain Weierke stated there is a terrific website for people to look at for preparing for any type of emergency that could happen. It is: www.readv�ov. Councilmember Saefke asked if the City has a list of those who are in ill health and may relay on oxygen, for instance, and may need electricity. Captain Weierke said that is part of their emergency operations plan. They do have a list of senior housing in Fridley. During the September windstorm, the senior housing building on Fifth Street was having problems with being without power for three days. Mayor Lund was able to get some electricians out there and assist them in getting power back on. Currently they do not have a list of who should be checked on because it does change from time to time. However, during a storm they will get telephone calls from relatives, etc., asking them to check on people. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 3, 2007 City Council Meeting of December 10, 2007 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 3 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 5, 2007. RECEIVED. 2. 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). Williams Burns, City Manager, stated staff recommends that this item be pulled from the agenda, as it requires a public hearing. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 3. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to 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). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 4. Special Use Permit Request, SP #07-11, by Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at holly Shopping Center, Generally Located at 6530 University Avenue N.E. (Ward 3). William Burns, City Manager, stated the petitioner recently discovered the separate garage operation in efforts to address outdoor storage issues behind the property. Staff informed petitioner that he needed a special use permit in order to continue to operate. He subsequently applied for the special use permit. The Planning Commission approved the special use permit at their December 19 meeting subject to six stipulations. Staff has reinspected the property and found Mr. Cooper in compliance with our outdoor storage requirements. Staff recommends Council's approval. THIS ITEM WAS DISCUSSED AFTER ITEM 18. 5. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code. William Burns, City Manager, stated this resolution declares the City's intent to reimburse itself for costs of the 2008 neighborhood street reconstruction and certain water system improvements. We are required to do this annually. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-01. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 4 6. Resolution Designating an Official Newspaper for the Year 2008. William Burns, City Manager, stated staff recommends the designation of the Focus News as the City's official newspaper, and the Minneapolis Star Tribune as Fridley's second official newspaper. ADOPTED RESOLUTION NO. 2008-02. 7. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated staff recommends the designation of Wells Fargo Bank Minnesota, N.A., as its official depository. ADOPTED RESOLUTION NO. 2008-03. 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Spring Lake Park Lions for the Knights of Columbus #4381 (North Air Home Association) Located at 6831 Highway 65 N.E. (Ward 2). William Burns, City Manager, stated this resolution is for a bingo operation by the Spring Lake Park Lions at the Knights of Columbus. It replaces the license issued to the Church of the Immaculate Conception. It will expire on July 31, 2009. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-04. 9. Resolution Approving Recycling Service Fees. William Burns, City Manager, stated staff recommends that recycling fees for 8,350, 1 to 4 unit structures in Fridley be raised from $6.51 per quarter to $6.61 per quarter. The 10-cent increase is in keeping with the Charter restrictions. Staff also recommends that the recycling fee for 890, 5 to 12 unit structures be raised from $5.52 to $5.61 per quarter. The increase, however, falls short of covering the 2 percent increase in costs for hauling that we are facing this year. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. ADOPTED RESOLUTION NO. 2008-06. 11. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 5 William Burns, City Manager, stated this resolution requests disbursement of the City's population portion of the MSAS construction funds for the 2008 neighborhood street reconstruction project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-07. 12. Resolution Accepting a Federal Recreational Trails Grant in the amount of $15,000 as Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local Matching Funds. William Burns, City Manager, stated early last year, Fridley applied for a Federal Recreational Trails Grant to expand and improve the trails at Innsbruck Park. We have been awarded a$15,000 matching grant. This resolution agrees to receive the money and pledges a$15,000 local match. It names Richard Pribyl as the City's fiscal agent. We are also pledging that we will maintain the trail for no less than 20 years. The $15,000 was included in our 2007 capital improvement plan. We will need to carry those funds forward to accomplish the project this spring. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 13. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. William Burns, City Manager, stated the contract provides for a 3 percent lump sum payment for 2007, but not an hourly rate increase. Our firefighters were somewhat ahead of the means salaries for other fire departments in comparable cities, so they thought the lump sum made more sense than changing the hourly rate. It also provides for a 3 percent hourly rate increase for 2008 and 2009. Additionally, it provides for a 40-hour per week inspector position. Currently they rotate full-time firefighters in and out of that general housing inspection job. Dr. Burns stated it provides for one new captain position in 2008 and two additional captain positions in 2009. This has been an issue for quite a while. The captains will be paid at a rate 3 percent higher than the top-step firefighter. The captains' positions will be filled from the ranks of full-time firefighters and will not result in the hiring of additional employees. As in many of our neighboring communities, the captains will provide supervision of paid on-call staff on a daily basis. Dr. Burns stated the cost of the contract for the four individuals in this bargain unit is $7,044 in 2007; $8,853 in 2008 (which has already been budgeted); and $15,827 in 2009. The health insurance benefits for this group will remain as for other City employees. Staff is recommends Council's approval. ADOPTED RESOLUTION NO. 2008-09. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 6 14. Approve Agreement for Legal Services between the City of Fridley and Newquist & Herrick Law Offices, P.C. and Carl J. Newquist. William Burns, City Manager, stated the most recent contract with our prosecuting attorney expired at the end of 2007. The proposed contract is a one-year contract that will end on December 31, 2008. The one-year term of the contract will be used to draft a request for qualifications that will be distributed to qualified law firms, including Mr. Newquist's law firm in 2008. The RFQ process gives the City the advantage of being able to test the market for prosecution services, and thereby assure that Fridley is paying a fair cost for their services. Dr. Burns stated the RFQ process in no way reflects dissatisfaction with the current services provided by Mr. Newquist. He is doing a fine job, but they think it is time to circulate that contract to a broader array of law firms and see what the market will return for us. Dr. Burns stated the other terms of the contract provide a$99 per hour attorney rate (which is the same rate we have had in the last year) and a$47.50 per hour paralegal rate. Mr. Newquist is currently not using paralegals. The City has encouraged him to use paralegals to help keep our costs down, and he has agreed to put a paralegal rate in his contract. The rate paid a law clerk will continue to be $37 per hour. The rate of minimum billing will be reduced from a 15-minute increment to a 6-minute increment. Staff recommends Council's approval. APPROVED. 15. Approve Agreement between the City of Fridley and Fridley `49er Days, Inc. William Burns, City Manager, this is an agreement that covers the use of the City vehicle for pulling the Fridley `49er Days float. This is the same agreement that we had 2007, and it generally has worked very well for us. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 16. Approve 2008 City Council and Staff Appointments. William Burns, City Manager, stated these include the following: Mayor Pro Tem: Robert Barnette Metro Cities Representative: Scott Lund, Delegate; Ann Bolkcom, Alternate League of Minnesota Cities: Ann Bolkcom, Delegate; Jim Saefke, Alternate Northstar Corridor Development Authority: Robert Barnette, Representative; Paul Bolin, Alternate Visit Minneapolis North: Deb Skogen, Representative FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 7 17. Claims (134788-135121). APPROVED. 18. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 4. Special Use Permit Request, SP #07-11, by Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at the Holly Shopping Center, Generally Located at 6530 University Avenue N.E. (Ward 3). Councilmember Bolkcom asked if changing the time to 8 a.m. on Saturdays is setting a new type of situation. Scott Hickok, Community Development Director, stated they have reviewed it and do not believe it is setting up any sort of special conditions for the City on other projects. This is a bit of a unique circumstance, and it is within the already defined noise ordinances the City has for power equipment. Considering the circumstances and looking at this special use permit, they believe they have enough control in the language of the special use permit to close it down if necessary. Councilmember Bolkcom asked about the issue with people dropping off their vehicles. She asked about signage stating "no overnight parking." Mr. Hickok replied he is not aware of any signage. Since this was brought to the petitioner's attention they have done a nice j ob of managing the property to make sure that does not happen. Councilmember Bolkcom stated she would like to suggest an additional stipulation related to that because it sounds like it has been a problem in the past. She asked the petitioner if he would be opposed to having some signage that says no overnight parking or dropping off of vehicles. Bernard Cooper, Bernie's Automotive, replied he did not have a problem with the overnight signage. He did mention at the Planning Commission meeting that sometimes some of their customers break down on the freeway overnight, and they are a regular customer of their garage and that is why they take their cars. Once in a while they will come in the morning and there will be a voicemail on the machine that the car is there because of a breakdown on the freeway. It is very difficult to tell their customers they cannot drop off their cars if they break down on the freeway. It has been very rare that has happened. They will move it first thing in the morning when they come in. Councilmember Bolkcom said she is not trying to inconvenience his customers, but they do not allow that to happen elsewhere. They have had that issue with other stations where people have been dropped off vehicles, and the vehicles have sat there for some time. Mr. Cooper stated he is not opposed to the signage. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 8 Mayor Lund asked if they did put in a stipulation about no parking, and it is on private property, is that enforceable by the Police Department? Captain Weierke replied, it is not. On private property it is the owner's responsibility to tow. Mayor Lund stated he can see both sides. If they stipulate to no overnight parking, and put the signs up there, maybe they will abide by it. On the other hand, if somebody already has had the unfortunate incident of having an accident or breakdown at night, he can see where they would tow it to the facility who they would most likely have fixed it. He does not want them to have it tagged or towed. Councilmember Bolkcom stated she just wants them to be treated like any other place. She thought they had signage at some of the other repair places. Mr. Hickok stated they will review this on an annual basis and if it is an ongoing outdoor storage issue than they will address it during the review. This first year will give them an opportunity to monitor the situation. He understands what Mr. Cooper is saying. He thinks the signage is a good idea. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #07-11, by Bernie's Automotive, with the following six stipulations: 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday, 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to add the following stipulation: "Petitioner shall post signage to the effect of "No Overnight Parking of Vehicles." Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Barnette asked to remove Item Nos. 2 and 3. Councilmember Bolkcom asked that Item Nos. 9, 12, and 15 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 2, 3, 9 12 and 15. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2, 3, 9, 12 and 15 from the consent agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. PUBLIC HEARING: 19. Consideration of a Special Use Permit, Sp #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued July 23, 2007). MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:13 P.M. Mr. Hickok, Community Development Director, stated this was continued from July 23, 2007. Brent Anderson of BDA Development received special use permit approval on September 25, 2006, to allow outdoor storage at his property located at 7600 Highway 65. Several stipulations were attached to that special use permit at that time. A special use permit was granted ensuring City Council and staff that all improvements on the site including, but not limited to, paving and curbing of the site and a new screening fence along the southern property line would be replaced FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 10 or repaired, and all of this would be completed by December 31, 2006. The lean-to structure was to be completed by October 1 of this year. The petitioner failed to meet several of those stipulations. As a result, a public hearing was held on July 23, 2007, to consider revocation of the petitioner's special use permit request. A public hearing was held open with the understanding that all the stipulations would be met by December 31 and, if any those stipulations were not met by that time, staff would recommend to City Council that they revoke the special use permit. Mr. Hickok stated staff spoke with the petitioner in early October, and he stated he had hired an engineering company to do the survey of the south side of the property and they were working on completing the drawings of the lean-to structure. He stated that he expected the construction of the lean-to structure would start around November 1. Since that conversation in early October, a building permit has not been applied for nor has any work commenced on that property. Staff heard nothing they received a letter last week from the petitioner. Staff recommends the City Council revoke Special Use Permit, SP #06-04, by BDA Development based on the following: (1) Several years of chronic outdoor storage Code violations at this property, (2) The City Code gives Council authority to revoke a special use permit due to the failure of ineeting stipulations following a public hearing, and (3) Inactivity on the City's part in light of these violations could arguably constitute a waiver of the special use permit stipulations. Mr. Hickok stated as part of the special use permit revocation, staff recommends the following action be completed by April 1, 2008: (1) The poorly maintained fence along the southern property line (adjacent to Sam's Auto World and Fridley Terrace) be removed and replaced with a proper screening fence, and (2) All outdoor storage (including equipment, materials, and vehicles) on site that is not stored under a roofed structure be removed. Mr. Hickok stated staff will initiate a 20-day abatement procedure on March 12, 2008, to ensure that if the petitioner has not complied with the conditions, the City will hire a contractor to remove and replace the fence and remove all outdoor storage items on the property after April 1, 2008. A resolution for revocation of Special Use Permit, SP #06-14, has been prepared. Councilmember Varichak asked the petitioner why was there such a delay before a letter was sent to the City. Brent Anderson, BDA Development Co., replied he was promised payment in September, October, November, December and he is going down to Oklahoma City to the head office this week to try and get something worked. They have so many problems that they have not been able to pay himself or virtually all of their vendors. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 11 Councilmember Varichak asked the petitioner if he is behind on any of his payments to anyone. Mr. Anderson replied he borrowed money from the bank to keep his vendors current. His tenant is leaving the premise January/February. Of all the stuff that is there, 90 percent of it is theirs and they are getting a smaller facility. He is in the process of getting new tenants. He hired a surveying company and he has plans laid out. He has a company in Kansas that built him forms for the lean-to structure, but he has to work something out to get some payment in. Once they move, he has hired an attorney, and they will file a claim but he is fearful if too many people file claims they are just going to file bankruptcy. Most of the equipment will be out of there by mid- February. It virtually should be very clean around there. Councilmember Bolkcom asked how many of the stipulations have been met. Mr. Hickok replied they have not seen the survey or the drawings of the lean-to although they know, from the special use permit process, the layout of the site and where the lean-to was to go. The trailers, for example, were removed almost immediately and some of that progress that could be made in that regard happened quickly. However, more difficult stuff did not get taken care of. Councilmember Bolkcom stated her concern is there is no curb or gutters there. She asked Mr. Anderson what are his plans for accomplishing all these after the tenant leaves and he does not get any new tenants right away. Mr. Anderson stated it is difficult with no funding. Councilmember Bolkcom stated she understands his lack of funds but on the other hand they also have to treat his business like any other one. The petitioner states he has some plans and forms, but what has he shown City staff? Mr. Anderson replied he can bring it in within the next couple of days. Councilmember Bolkcom asked the petitioner what is his second plan? Mr. Anderson replied after they move out there is virtually minimal equipment anywhere. He has three or four new people who have talked to him about moving in. They are distributor types who keep most of their stuff inside. When he bought that building it was in bankruptcy from Lampert Lumbers and despite what they might think, the building was a mess. The roof leaked, the beams were sagging, etc. They spent $300,000 to $400,000 to fix it up. There were 140 jobs that are gone now. There is some benefit to trying to get businesses back Practically every day he is doing stuff to try and get new tenants. If he gets the building back in full rental by April, it is likely the cash will be set so they can get it going again. Mayor Lund stated he did not see anything in Mr. Anderson's letter that would tell him not to continue this any further. Mr. Anderson has a business to operate which apparently is a rental/commercial entity, and he wrote in his letter that is not how he operates and conducts himself. He is not going to tell Mr. Anderson how to operate his business, but he would not let FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 12 somebody go without rental because he needs that income to run his business. He does not think the special use permit has anything predication on Mr. Anderson's ability or inabilities that he is undercapitalized, under funded, not collecting rents for a year. Regardless of his tenants not paying their rent, he does not see any correlation as to abiding by the ordinances of this City. Unless he hears something new, he is going to vote to pull the special use permit for outdoor storage. He does not see any other recourse. He thinks they have an obligation to other businesses and citizens in Fridley. They cannot pick and choose who they are going to enforce the laws on. Councilmember Bolkcom stated she would be more comfortable if the petitioner would have some type of plan. She thinks they were pretty hard on the petitioner the last time. They are serious about him doing the stipulations and he has to answer to them. She really does not think anything different will be happening in six months. He said he had a survey but he never showed it to City staff. Mr. Anderson stated, frankly, if they think that is the best thing for the City, then that is what they are going to do. There is nothing he is going to say tonight; they already have their minds made up. That is obvious. He has some serious financial issues that he has to deal with, and that is his focus right now. If he can get those things resolved. He can bring in the plans signed by a licensed surveyor tomorrow, and he has drawings of how he wants to do the lean-to. He has the elevations, the concrete design, he has shop droppings and all the items made; but he needs to get collection of the back rent or it is only on paper. Mayor Lund asked the petitioner to give him good sound reasons why he should continue this again and give him a deadline that he can do it in. Councilmember Barnette stated he has not made up his mind. If in fact the petitioner gets the money from his tenant and they revoke the special use permit; the petitioner stated he was seeking new tenants which he assumes would require another special use permit. He said if this was revoked, what would his chances be of signing new tenants. Mr. Anderson replied he has three different people he is talking to about space. He gets tenants moved in that are paying on a monthly basis. He has his costs down running that facility about as low as he can get. It will not take that much to get positive cash flow again. He still intends to build the lean-to's because actually when they are done, the property will be a lot more valuable and will be a lot more efficient to run a business. He does not want to hire contractors and have them come out to the property and start them doing something when he knows he cannot pay them. He believes that it is going to get done. It will be a lot easier to find tenants if he has the ability to tell them that they will be able to store outside. Councilmember Barnette asked if in fact the special use permit were revoked at this point and Mr. Anderson went out in March or April and found a tenant that needed outdoor storage, could he even rent to that tenant without a special use permit. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 13 Mr. Hickok replied the last thing they want to do to Council is put them in a corner. They would rather petitioner get the special use permit first and then go out and find the tenant. That is the best scenario. Councilmember Bolkcom asked Mr. Anderson when he thought he could accomplish this. Mr. Anderson said if he current tenant pays him half of what he owes them in March, he could easily get started on working on the buildings in April. Councilmember Bolkcom asked him when would he accomplish what he needs to. Mr. Anderson replied, probably by July. Councilmember Bolkcom asked so if the work is not accomplished by the first Council meeting in July, will he feel that they have given him every chance possible. Mr. Anderson replied he would say that is more than fair on their part. Mayor Lund asked being they are in financial dire straits, are they going to spend the money to remove all their stuff. Mr. Anderson replied he will make sure that the stuff is not there. Councilmember Bolkcom asked by when. Mr. Anderson replied by February 15. Mr. Hickok can call him and he will meet him and they will walk the site. Councilmember Bolkcom asked so on February 15 there will not be any outdoor storage issues at that point. Mr. Anderson stated on February 15, his current tenant's stuff will be gone and, if it is not gone, he will load it up in a truck and haul it away himself. Councilmember Bolkcom asked him so he is stating the outdoor storage issues related to this property are because of this tenant. Mr. Anderson replied he has two other tenants there that have stuff outside and they have indicated what they will do to get their equipment inside. Councilmember Bolkcom stated so she is hearing on February 15, not only the tenant that is moving, but some of the other storages issues also will be taken care o£ He is saying those issues will be taken care of by February 15. Mr. Anderson replied, yes. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 14 Councilmember Bolkcom said he is saying by the first meeting they have in July which is July 14, he will have fulfilled the stipulations or on that night the special use permit will be revoked. Mr. Anderson replied he thinks that is reasonable. Councilmember Saefke stated he had actually felt sorry for the petitioner the last time. He had no problem extending the hearing on that. Six more months have gone by and the petitioner still has not gotten the rent from his tenant. He said they are going to hold Mr. Anderson to the promises he has made tonight. Mr. Hickok stated if it goes the way it could go, certainly staff is okay with that. The type of enclosures and the type of site this could be really has some merits to the City and provides opportunities that could be very good. He wished Mr. Anderson the best of luck, and he thinks it is clear tonight that if it is not done in July, then it is over and there is no special use permit here. MOTION by Commissioner Varichak to continue the public hearing until July 14, 2008. Seconded by Commissioner Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, VARICHAK, SAEFKE AND BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAYE, MAYOR DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4 TO 1 VOTE. NEW BUSINESS: 20. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2). MOTION by Varichak to table this item to July 14, 2008. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. Approve Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael Lawrance. Mr. Hickok, Community Development Director, stated on March 10, 2006, Signcrafters located at 7765 Main Street was issued a criminal citation by code enforcement staff for outdoor storage violations. In response they filed a civil suit alleging a pre-existing non-conforming status of their outdoor storage area. The civil matter needs to be settled prior to commencement of the criminal matter initiated by the citation. Civil extensions have been requested of the court while discussions commenced. Since the first piece of correspondence was sent, staff has held the position that the property owners needed to seek a special use permit if they were going to continue the outdoor storage activities on the site. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 15 Mr. Hickok stated after nearly a year of negotiating, the property owners have agreed to seek that special use permit. He said the two "gives" in the process are, (1) the Lawrances have requested Council waive the $1,500 special use permit fee and, (2) they would like the City to allow their roll off dumpster in their yard without being stored inside the 3,195 square foot outdoor storage area they have defined for their outdoor storage. The dumpster will be inside of a boundary fence they have on a property. Mr. Hickok stated the settlement framework sets a course for settlement. The proposal in Council's packet represents staff's recommendation. The proposed special use permit does not preclude staff's ability to enforce any and all other Code sections that may need corrections and any deficiencies that may exist on the site outside the special use permit. Staff recommends Council authorize staff to execute the attached agreement establishing settlement framework for the non-conforming use and special use permit issues in the Lawrance Properties v. Citv of Fridlev case. Councilmember Bolkcom asked to see a site plan. So they will still have outdoor storage, but they will also have the dumpster outside the outdoor storage. Mr. Hickok said their outdoor storage area would be back along the eastern property line. The dumpster is in behind a fence, and is in their yard. So it is secured, but not in the area that was defined for outdoor storage. From what he understands, managing their materials and the site logistics and storing them properly is one thing but getting around this site to get their materials into the dumpster takes room and they needed to leave it out. Councilmember Bolkcom asked if the public can view it. Mr. Hickok replied that has been part of the issue all along. There is a fence along the street face that may be somewhat argued as partially screened but really does not fully successfully screen it. They recognize that, and they are asking for that dumpster to stay out of that area. Councilmember Bolkcom asked so the dumpster is there but it is not enclosed. Mr. Hickok replied enclosed in their yard. Councilmember Bolkcom said they will not have to pay the $1,500 and the dumpster can basically sit there and not be in an enclosure. Mr. Hickok replied, yes. John Baker, Attorney for the City, stated as a general matter, this is a rare settlement because they were able to get more by way of settlement than if the City completely won a lawsuit. What they were able to do was convince plaintiff to apply for a special use permit by going out and detailing exactly what the conditions would be, capture those as part of the settlement litigation, so the specifics were all there in advance. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 16 Attorney Baker stated as Mr. Hickok noted, this agreement is a framework for settlement which means that once it is signed by both sides, a process must take place that involves them applying for a special use permit by February 1 with the terms already spelled out as an exhibit to this agreement. That would then be considered by the Planning Commission but come back to Council. As Mr. Hickok mentioned, the amount of outdoor storage space would be permitted as a condition as this permit is even less than the City's current regulations allow. Attorney Baker stated neither the settlement agreement nor the special use permit gives up any authority of the City to take action against the plaintiffs regarding any other issues, whether the sufficiency of on-site parking, the adequacy of the maintenance of the driveway, or things like that. If Council authorizes this, the litigation ceases and they would expect an application by February 1. One of the specific requirements of the settlement agreement is the site plan be a professionally drawn one, what they have attached here as an exhibit he thinks they put together on their own computers and merits. That is one of the things is to have the plan be a professional drawing. That would have to accompany the application. If it is approved there is a June 1, 2008, deadline for satisfaction of all the conditions that include landscaping, requirements for it to be fully screened on all sides as well. Mayor Lund asked what Signcrafters would get out of this. Attorney Baker replied it seems more important to them not to have to do it the City's way, but as they got further into this, they realized they do not need as much outdoor storage as they might have needed before the 2003 changes. Similarly, although they were reluctant to do the screening the way the City wanted them to, they came around on that. Mayor Lund said it appeared there were several issues about drainage and storm water management and those types of things. Do the plaintiffs understand that should this agreement work and they ultimately get their special use permit, they would be held responsible for any conditions under a special use permit or things they might bring up as far as parking and drainage and those types of issues. Attorney Baker stated this imposes specific conditions with regard to things like the size of the outdoor storage. They carved out of the settlement issues like on-site parking, whether there is sufficient on-site parking. The adequacy and maintenance of the pavement, for example, because No. 1 those were not in the scope of the litigation in the first place. Those would still be issues. Second, by settling, they did not want to create the impression that somehow the City was agreeing that what is out there now necessarily complies with the law. It is their hope that once litigation goes away the owners will improve their property by upgrading the quality of the paving and making sure they have adequate on-site parking. Mayor Lund stated he does not believe he or the Council are trying to be adversarial to businesses. What they are really asking them is to be a part of this community and be a part of the solution, rather than part of the problem. Councilmember Bolkcom asked whether they would still have to abide by any other stipulations that anyone else would have on a special use permit of this type. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 17 Attorney Baker stated it would be what they have negotiated and what the exact terms of those stipulations are based upon what the City would ordinarily expect under similar circumstances. They have added an additional degree of clarity in some places for the sake of resolving uncertainties and fears about how all of this would play out. For example, with regard to Condition No. 5, they have not only indicated with citations to the regulations with regard to adequate screening, but have added additional sentences in there outlining what constitutes adequate screening. They have an even greater specific direction on how they can do it and satisfy the City. MOTION by Councilmember Bolkcom to approve the Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael Lawrance. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. 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 Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, in order to assert the necessary information to fully examine and study the request and to extend the review period for the City Council action an additional 60-days and to notify petitioner in writing of the 60-day extension as soon as possible in order for the City to have a public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to 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 table Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, in order to assert the necessary information to fully examine and study the request and to extend the review period for the City Council action an additional 60-days and to notify petitioner in writing of the 60-day extension as soon as possible in order for the City to have a public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 18 9. Resolution Approving Recycling Service Fees. Councilmember Bolkcom asked if they have seen an increase in recycling. Scott Hickok, Community Development Director, they are seeing an improvement. In years past, ten years and beyond, our recycling in multi-family was dismal. Efforts on part of staff to bring that up and to get more activity have been lukewarm at best. He thinks that most recent efforts will be the most successful in getting higher recycling in there. They are trying to better understand the complexes and also get mailings out on a regular basis that really talk about the importance of recycling. The shredding event was an excellent opportunity for people. He said he thought they were on the edge of seeing higher rates of recycling. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-05. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Accepting a Federal Recreational Trails Grant in the amount of $15,000 as Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local Matching Funds. Councilmember Bolkcom asked if they have any idea what this is going to cost to maintain. William Burns, City Manager, said it is his understanding they are going maintain it. He has not heard of any costs to the City, but he would be glad to get back to her on it. The Minnesota Offroad Cyclists Association is supposed to have committed to maintaining the trail. Councilmember Bolkcom stated her only concern is maintaining it, and they have agreed to do it for 20 years. She is a little skeptical passing this resolution without having any idea what it is going to cost. They have had those problems with some of the other trails, with the asphalt breaking down, etc. Dr. Burns stated his understanding is all the maintenance was going to be done by the Minnesota Off-road Cyclists Association. Councilmember Bolkcom stated right now but there is no agreement they will do it for 20 years. She asked what would happen if they did not pass the resolution. Dr. Burns stated he thought they needed to respond fairly quickly in order to get the money. Mayor Lund stated it has been in our capital improvements to do so. The choice is not to commit to a 20-year maintenance, but they would be doing it anyway if they put a trail there. Councilmember Bolkcom stated they were going to put a trail there but thought they were sold on the trail to begin with because they were going to apply for the grant and someone was going FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 19 to maintain it for them. They have been caught in that before. She said she does not know what it costs to maintain a trail like this. Councilmember Varichak stated she believed it is going to be a nature-type trail. She did not think it was going to be asphalt. Dr. Burns stated it is not asphalt. Councilmember Varichak stated it is just all rugged so that it still has its natural take. Councilmember Bolkcom stated it sounds like if they do not pass this tonight they will not get the grant. Dr. Burns stated it is his understanding they need to take action tonight. Mayor Lund stated although he understands Councilmember Bolkcom's concerns, they had a trail which was closed up because of its lack of maintenance. Now they get a grant to help rebuild it. He does agree with her that there is no type of agreement that this agency is going to maintain it for 20 years. However, he thinks they would be maintaining it regardless of whether they had some assistance or not. The only other alternative is not do anything at all. So it makes the park pretty unusable. Councilmember Bolkcom stated she thought they did agree that they were not going to have a trail there at one time. She asked Dr. Burns when the money comes forward, it this would be something that would come back before them. Dr. Burns replied, no, because it is already in the budget. There may be a budget reappropriation for the $15,000. Councilmember Bolkcom commented which may give them an opportunity if they found out it was a lot of money. Dr. Burns stated he thought they would be committed at that point to both the state and federal government. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-08. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Approve Agreement between the City of Fridley and Fridley `49er Days, Inc. Councilmember Bolkcom stated she remembered this agreement last year saying, they would undergo a driver's license background check She asked if it was for driving violations or if it was an actual criminal background check. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 20 Mayor Lund replied in the past it has just been the driver's license check to see if they are acceptable forinsurance. Councilmember Saefke asked Captain Weierke when the police check your driver's license, warrants show up, right. Captain Weierke replied, yes. Councilmember Saefke stated in the policy, too, it states no use of drugs, and they have to obey the City's policy. Mayor Lund stated the vehicles are being used for pulling the float. Councilmember Barnette stated it is his understanding that all of the City's insurance covers the vehicles, damage, liability, etc. Dr. Burns replied that is right, they would be responsible for any vehicle. MOTION by Councilmember Bolkcom to approve the Agreement between the City of Fridley and Fridley `49er Days, Inc. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. Informal Status Reports Councilmember Bolkcom stated they have received a copy of the Comprehensive Plan. It is her understanding there will be a public hearing on January 28. Dr. Burns stated they are going to move it into February. Councilmember Bolkcom asked how are they notifying the public. Mr. Hickok replied there are a number of different ways. Councilmember Bolkcom asked when it would be. Mr. Hickok replied, the first meeting in February. Mayor Lund stated the Fridley Lions Club is having their First Annual Wine Taster at Springbrook Nature Center on January 25, from 5 to 8 p.m. The tickets are $20 and it is a fundraiser for the Fridley Lions Club. FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 21 ADJOURN. MOTION by Councilmember Barnette, seconded by Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:43 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING December 5, 2007 Acting Chairperson Kondrick called the Planning Commission Meeting to order at 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: Jack Velin, Leroy Oquist, David Kondrick, and Brad Sielaff Dean Saba, Diane Savage, and Brad Dunham OTHERS PRESENT: Stacy Stromberg, City Planner Julie Jones, Planning Manager Scott Hickok, Community Development Director Rachel Harris, Environmental Planner Mary Jo Bailey, Bailey Properties, CMV Properties Nick Netley, Camp Bow Wow, Plymouth MN Jeff Hall, Camp Bow Wow, Burnsville MN Connie Vogtlin, Camp Bow Wow, Fridley MN Mark Vogtlin, Camp Bow Wow, Fridley MN David Bruce Bob Gambrel, 1219 Norton Avenue, Fridley MN Bill Holm, 7424 Melody Drive, Fridley MN Ken and Carol Hughes, 6424 Ashton Avenue, Fridley MN Barney Buss, 6050 Sth Street, Fridley MN Tom Myhra, 6360 Able Street, Fridley MN Pam Reynolds, 1241 Norton Avenue, Fridley MN A1 Stahlberg, 8055 Riverview Terrace, Fridley MN Approval of Minutes: December 5, 2007 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Text Amendment, 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 by Special Use Permit, generally located at 7875 Beech Street. -and- Consideration of a Special Use Permit, SP #07-12, by CMV Properties LLC, for Camp Bow Wow, to allow a"dog day/overnight boarding facility" in the S-3, Heavy Industrial Onaway Addition zoning district, generally located at 7875 Beech Street. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Stacy Stromberg, City Planner, stated the petitioner, Ms. Vogtlin, 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. Ms. Stromberg stated the subject property is located on the corner of Beech Street and 79tn 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. The petitioner is proposing to operate Camp Bow Wow from the subject property which is a boarding facility offering a fun and safe environment for dogs. CBW offers both daycare services to customers who wish to drop off their dogs for the day and overnight boarding for customers who would like to drop off their dogs before traveling. The hours of operation would be Monday-Friday, 6:30 a.m. to 7:30 p.m. and Saturday, Sundays, and Holidays from 7 a.m. to 10 a.m. and from 4 p.m. to 7 p.m. and those hours are for pickup only. The petitioner has stated the facility is not typically staffed at night. They have staffed other facilities at night but have abandoned the practice nationally because they found the dogs were aware that staff was present and they would not sleep. Ms. Stromberg stated CBW currently has a facility in Burnsville and in Plymouth. The Burnsville facility opened in September 2006, and the Plymouth facility just opened recently in November 2007. Both facilities are located in multi-tenant industrial developments. Staff has contacted both of the cities, and neither of them has received any complaints related to the business. Staff did have an opportunity to tour the Plymouth Camp Bow Wow and was very impressed with the overall professional appearance of the facility as well as the cleanliness of it. Ms. Stromberg stated City Code currently does not allow this use in any of the zoning districts. The City, however, does allow veterinary clinics, animal hospitals, kennels, obedience schools, and those types of things in our commercial districts by a special use permit. Ms. Stromberg stated the Future Land Use Map in the City's Comprehensive Plan guides the subject 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. Ms. Stromberg stated regarding compatibility with the zoning district, it is zoned S-3, and that was established to encourage additional expansion, reinvestment, and industrial development within that addition. Ms. Stromberg stated staff finds that the daycare and overnight boarding use would be consistent with the proposed use and intent of the S-3 zoning district provided that 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 the following conditions are met: (a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line; 2 (b) An 8-foot solid fence is constructed to enclose any outdoor play areas; and (c) Dogs are kept indoors for overnight boarding. Ms. Stromberg stated staff has determined these conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. If the text amendment is approved the petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. Ms. Stromberg stated the e�sting property is 22,630 square feet in size. The petitioner plans to redesign the interior space of the building to include a lobby, reception area that would be accessed off of Beech Street. There will also be an office, utility/storage rooms, a lounge, a dog interview room, and 58 kennels. There will also be 3 indoor play areas located at the rear of the building. The petitioner is also proposing a 20-foot by 110-foot outdoor play area. The outdoor play area is divided into three separate play areas and allows the petitioner 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. Ms. Stromberg stated the building currently has three overhead doors facing Beech Street. The petitioner plans to enclose two of the doors and install a window in one of them. The petitioner also plans to do some paint work and install new signage to enhance the exterior of the building. Ms. Stromberg stated staff has determined the petitioner's request meets the standards that are required as part of the special use permit approval. The proposed business is located over 500 feet from any residential property. The petitioner proposed to construct an 8-foot solid vinyl fence to enclose the outdoor play area. Also, the petitioner will keep all dogs indoor during the overnight boarding. Ms. Stromberg stated City Code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. The petitioner is proposing to install 13 stalls and proofing an additional 5 stalls if they are ever needed. The petitioner plans to remove the existing loading dock area in the front yard in order to make room for parking stalls and additional landscaping. The petitioner has submitted a plan that shows installation of 7 new trees and shrubbery or perennials to be planted along the front of the building. Ms. Stromberg stated the petitioner recognizes the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, the Fridley facility is a freestanding building so interior noise will not be an issue. The petitioner also states that external noise has not been an issue at other locations, and 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. CBW has noted they hire staff that is very well trained in animal behavior and who constantly monitor the dogs inside and outside. So, if necessary, an overly disruptive dog will be placed in a kennel and the owner will have to pick it up. The City's noise ordinance also protects us from any potential problems that might occur. Ms. Stromberg stated the petitioner has stated the clientele that is targeted for this type of business is very selective which requires their facility to remain spotless. They use specialized biodegradable cleaners and disinfectants which are the same products used in hospitals and childcare centers. CBW provides all franchises with set cleaning schedules and evaluations conducted year around to insure proper maintenance of the facility. The CBW waste removal routine includes constant play area cleanup and disposal into lined galvanized steel trash can with a lid. A typical CBW produces approximately one large garbage bag of waste each day which is placed in the dumpster located in the rear of the building near play area #3. Ms. Stromberg stated the petitioner has articulated to staff that dogs are typically let outside into the play area to relieve themselves, so as to not create confusion for the dog. It is CBW's policy to place 4-inches of level pea gravel in the outdoor play area which is specifically designed for dogs. The gravel material allows for easy cleanup, prevents digging, and is safe for the dogs to ingest if that were to happen. 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, and then place the 4-inches of pea gravel on top of the ground which will prevent the urine from running off into the storm sewer and instead will allow it to seep into the ground to be treated. Staff has not heard any comments from neighboring property owners regarding this request. Ms. Stromberg stated staff recommends approval of the text amendment request and the special use permit with stipulations. Staff recommends if the two requests 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. Ms. Stromberg presented a few video clips provided by the petitioner. Commissioner Velin asked if the dogs can come and go as they want? Jeff Hall, owner and manager of Camp Bow Wow in Burnsville, stated the dogs do have the ability to come in and go out at will. The doors have the typical clear plastic. They do go in and out quite a bit. Obviously in the winter they spend more time in than out. Commissioner Sielaff asked about the indoor and outdoor area? Mr. Hall stated they generally divide the dogs based on size, temperament, and activity level. For instance one will be for small dogs. That play group area will have an indoor play area, 25 by 25 or 30, and there will be a door going to a separate outside play area. Commissioner Sielaff asked if the outdoor play area is covered at all? Mr. Hall replied there is not a roof over the outdoor play area but there is a required shade structure, a little canopy area, where the dogs can lay under if they want to stay out of the sun or the rain. Commissioner Sielaff asked about any design criteria it has to meet to prevent storm water runoff from the site (outdoor play area)? � Julie Jones, Planning Manager, replied this being a new item they struggled with that and made the recommendation the petitioner remove the paved surface in that area because they felt it would be better. Even though they have the pea gravel, that section of the site is adjacent to the alley, and that area would be sloped, and the runoff would go into the alley and into the streeUstorm sewer system. They thought it would be better to allow that storm water runoff to seep into the soil and allow the soil to treat the urine. Mary Jo Bailey, commercial broker for the petitioner, stated Camp Bow Wow is a national franchise and there are currently 53 facilities open around the country. There is scheduled to be 60 open by the end of January 2008. This is something that municipalities have been addressing around the country. Camp Bow Wow just went through approval in both Burnsville and in Plymouth and those municipalities had the same concerns and concluded that removing bituminous and installing the pea gravel created a nice filter and drainage for the outdoor play area. They are satisfied with that and there have been studies stated that it operates just fine. Mr. Hall stated also there are two reasons they use this specific pea gravel that is a half-inch in size. If puppies eat it they can pass it and also if it were grass or dirt they could not really effectively disinfect it. The outdoor play areas are disinfected pretty much daily with a foam disinfectant that is proven safe that they use in all the camps. Commissioner Sielaff expressed his concern about water runoff if there is heavy rainfall. Mr. Hall replied they have been open for over a year and they have never even had standing water. Commissioner Sielaff asked if someone could check the soil and find out what type it is since they will be digging up the asphalt anyways. In case it is clay soil. Commissioner Velin asked how much footage is between the building and the alley? Ms. Stromberg stated it is 20 feet from the back of the building to the back of the fence. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:59 P.M. MOTION by Chairperson Velin approving Text Amendment, 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 by Special Use Permit, generally located at 7875 Beech Street. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist approving Special Use Permit, SP #07-12, by CMV Properties LLC, for Camp Bow Wow, to allow a"dog day/overnight boarding facility" in the S-3, Heavy Industrial Onaway Addition zoning district, generally located at 7875 Beech Street with the following stipulations: (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. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Acting Chairperson Kondrick stated the request will now go to City Council on January 7, 2008, to make the final decision. 3. PUBLIC HEARING Consideration of a public hearing to receive public comment on the draft 2030 Comprehensive Plan for the City of Fridley, including but not limited to plans for land use, housing, redevelopment, transportation, parks, water, sewer, and public facilities. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:04 P.M. Ms. Jones stated they started out about a year ago establishing eight staff committees working on various parts of the Comprehensive Plan. This past spring the City held a series of neighborhood planning meetings to get community input. They had great turnout for the meetings; however, staff did not want to base a lot of their recommendations only on the input of about 150 members of the community. Therefore, in addition, they added about 25 additional questions for the bi- annual citizen survey. Once they had chapters drafted for the plan, they took the chapters pertaining to certain areas of expertise to the Commissions for review. For example, the Housing & Redevelopment Authority reviewed the first five chapters of the plan, including the housing plan and the economic/redevelopment plan. Because there wasn't great business participation at the neighborhood community meetings, they held an additional business conference this past month, which was well attended and was very beneficial as well. Ms. Jones stated through this whole process they have concluded there are some very keen assets Fridley has. One of those is being very close to a very vibrant central city. There is close access for jobs, and it is very desirable for businesses to locate here because Fridley is close to that central city. We also have great road access. We have more jobs in Fridley than we have workers, with over 11,000 more jobs than people in the workforce. We are also home to not only 0 a hospital but other key medical facilities, as well, which becomes especially critical for our aging population. Ms. Jones stated we also have some very advanced technology businesses here. Besides being the home for Medtronics World Headquarters, we also have businesses like Minco, BAE Systems, and Cummins Power. Of course we also have some wonderful nature resources, particularly the Mississippi River and Rice Creek. Ms. Jones stated Fridley also has some challenges. One of them is increased traffic congestion. Primarily they are hearing about the freeway and the major highways which likely are contributed to the fact that only 21 percent of the residents actually work here in Fridley. Ms. Jones stated Fridley is the most aged community in Anoka County. It is forecasted that the aged community will increase significantly because of the aging of the baby boom population. We also have an aged housing stock, and we have aged business structures as well. The infrastructure in the City is also aging. Most of our storm and sanitary sewer water lines were all built 50-60 years ago, which is why we are seeing an increase in water main breaks. As with any community, of course, we have limited financial resources. Ms. Jones stated that Fridley's history demonstrates that the City experienced its greatest prosperity when advances in transportation were made. Examples include when the Red River ox cart trail became this major military road that is East River Road going through the community, when Highway 65 was finally connected through the middle of Moore Lake, when Highway 100 became Interstate 694, and when the streetcars were spread up north from the central city to Fridley. All those changes were followed by times of growth and prosperity for the City. They feel that Fridley is in that pivotal point of history again, where the Northstar commuter rail coming to the community is that new opportunity for Fridley. They have really embraced that urbanized potential and have put great emphasis on the 2030 Comprehensive Plan on growing that expansion beyond that of the Northstar Rail coming to Fridley. They have looked at coming up with a walkable downtown. They are proposing that Medtronic Parkway be connected to, not only University Avenue, but to East River Road. They are calling it the 57t'' Avenue expansion, building a bridge over the railroad tracks at 57t'' Avenue. Part of that redevelopment plan includes a redevelopment area called City View. Ms. Jones stated they are focusing a lot on multi-modal transportation in the Comprehensive Plan. They see a real opportunity because we are close to the central cities on creating more bicycling and pedestrian transportation connections to the City; get people walking and biking more. They are looking to build some partnerships to improve our roadways, particularly the image of our major arterial roads through the community. They are looking to preserve our housing stock as well as our natural resources. Ms. Jones stated throughout the Plan they are going to see everything tying back to four overriding goals. At the neighborhood planning meetings, they asked people to come up with goals. They came up with about 20 major goals all which fall into four basic categories: (1) maintaining Fridley as a desirable place live, (2) maintaining Fridley as a desirable place to do business, (3) keeping Fridley a safe community for all to enjoy, and (4) protecting Fridley's natural environment. Ms. Jones stated the plan is organized into 14 chapters. A lot of them are plans within the plan. There are two chapters that are new that were not in the 2020 Comprehensive Plan, one of those is Natural Resources and Sustainability. The other is the Public Facilities Plan towards the end 7 of the document. Of the 14 chapters, nine of them have a conclusions and actions step section. Tonight they will focus on those conclusions and actions step sections in those nine chapters and go through them because, when it comes down to the bottom line of the Plan, those are things that are going to have the budget implications for the City. So those are the most important parts of the Plan to focus on tonight. Ms. Stromberg stated the economic and redevelopment plan is Chapter 4 of the Comprehensive Plan. The first thing they are looking at is the 11 potential redevelopment areas. These were developed through community input at neighborhood meetings as well as through staff recommendation. It is not intended that all these properties on the map be acquired by the City for redevelopment. Rather the intent of it is to identify these areas as the focus areas for the City and the HRA to prioritize its resources and redevelopment efforts. Ms. Stromberg stated one area in particular the Plan discusses in great detail is the Northstar Transit Orientated Development (TOD) area located north of 694. The Northstar TOD redevelopment area is the best location for a walkable downtown. It could also provide the largest concentration of retail sites with the potential redevelopment of the Cub Foods site, the redevelopment of the JLT site being rezoned from industrial to a commercial use, as well as Home Depot and all the other retail sites located within this redevelopment area. There are also many housing opportunities within the new City View development as well as possibly new homeownership opportunities within the Hyde Park neighborhood. This redevelopment area is within close proximity to many jobs. Three out of the top four largest employers in the City have facilities within a mile of this area. Connecting Medtronic Parkway to 57t'' Avenue and then over the railroad tracks to East River Road solves safety and access problems that the City has seen. Ms. Stromberg stated currently there is an awkward disconnect between Medtronic Parkway and University Avenue. The 57t'' Avenue extension would provide a continuous road between Highway 65 to East River Road. The 57t'' Avenue extension would meet the public safety need. Our Police and Fire Department have articulated they feel there is a great need for more east-west connections and, by constructing the 57t'' Avenue extension over the railroad tracks to East River Road, it will provide that connection that they are looking for in order to meet that public safety need. Ms. Stromberg stated the 57t'' Avenue extension would create a walkable downtown and spur some retail excitement. It would be within 4 blocks of the proposed Northstar rail site. It would offer another connection to the river, and it could create a mixed-use senior housing opporiunity through the City View plan. Ms. Stromberg showed on a slide an area of current multi-family housing that would need to be redeveloped as part of the City View redevelopment. Redevelopment of the area could allow for a mixed-use development. Potentially we could see restaurants and shops with retail located on the bottom level and senior living above or standalone senior cottages behind. Both of these things were very much needed in Fridley and desired by our community. City staff heard loud and clear at our community meetings there is a great need for all types of senior housing, from assisted living to one level cottages. Another thing that rang out loud and clear was the need for additional restaurant opportunities. Ms. Stromberg showed on a slide an area designed as a city park with a small public parking lot. There is the hope that this plan would create a street market location where special events could be held, such farmers markets, craft fairs, etc. : Ms. Stromberg showed a slide depicting what the area would look like if it was redeveloped. The City had an architecture intern this year who helped them with a housing study who did some very good renderings. The drawings show the streetscape, where there would be tree lined medians as an extension of Medtronic Parkway, sidewalk cafes, benches, and pedestrian walkways. Ms. Stromberg referred to the economic and redevelopment actions steps that are developed in the Comprehensive Plan. One is related to using their DRC (Development Review Committee) to keep businesses here. The DRC is made up of City staff, all different departments, which meet every Tuesday morning to go over things that are happening in the City and if a business is interested in adding on, that is their opportunity to come in and talk to staff and have their questions answered. Growth will be seen with existing business so it is very important for staff to work with them in order to keep them here. They need to support getting Fridley a station in the first phase of the Northstar line and special legislation for a TIF redevelopment area around the station site. They also need to ensure that redevelopment near the Northstar location is pedestrian-oriented. Ms. Stromberg stated another action step would be to obtain an easement needed for the bridge from Burlington Northern Santa Fe railroad tracks at 57t'' Avenue. They need to conduct a market study on the City View plan to see if the mixed use development is feasible and possible in that location within the City. We need to survey our businesses regarding employee housing needs and options. We would like to see more people who work in Fridley to live in Fridley. So, doing a survey of employees would be helpful. Also, we need to pursue locating a fine dining restaurants in one of the several beautiful parks along the river. Ms. Stromberg stated, regarding the Housing Plan, Chapter 5, the housing conditions are good in Fridley; but the age of housing supports the need for a housing maintenance code. By 2009, 95 percent of housing in Fridley will be 30 years old. If no changes are made, a housing and maintenance code will definitely be needed. The housing study conducted by our intern this summer found that 85 percent of the homes are in good condition but, to keep that trend, the housing maintenance code does need to be adopted and enforced. Ms. Stromberg stated the next action step is the HRA should continue home improvement loans and should help income-qualifying elderly homeowners make accessibility improvement. They heard from some of our aged community at neighborhood meetings that a lot of people want to stay in their homes. In order to make that happen, they need to find ways to help them stay there and, if it is through income-qualifying homes, that is a great way to keep them in their houses. We need to evaluate participation in the livable communities program annual. Ms. Stromberg stated, also, we should develop a homeowners manual trail map for new homeowners. For example, the manual would include common Code regulations that each new homeowner needs to know, such as, outdoor storage requirements, vehicles placed outside need to be licensed and operable or they could get a tag, etc. The City could also include information in the manual on the Neighborhood Watch programs and City staff resources. For example, if someone had a building question they would be able to pull out their little map and they would have the Building Off�icial's number on it or they would be able to call the utility billing department if they had a question about their water bill. The idea is to print it on the back of a park and trail map in the hopes that the homeowner would keep it as something to refer to. Ms. Stromberg stated the City also needs to get every rental property licensed within the City and improve the databases that we have for that. We also need to recognize the historical 0 significance of key rambler neighborhoods with signs. Which would potentially involve working with the historical society to post signs in the right-of-way when you enter a neighborhood that describes the history of how this housing type became dominant in Fridley. Ms. Stromberg stated the last action step relating to the housing chapter is to amend the Hyde Park zoning code to allow the redevelopment of existing multi-family housing site. Currently the Hyde Park zoning district only allows for redevelopment to single family so this is a financial disincentive to multi-property owners in that district. Rachel Harris, Environmental Planner, stated the transportation plan action steps are to meet with the Metropolitan Council to discuss potential park and ride site. They learned since the plan was printed, even a few weeks ago, that the Metropolitan Council plans to add an additional 200 stalls of park and ride near 694, somewhere between New Brighton and Brooklyn Center, and those stalls could potentially be located in Fridley. The City needs to have maintenance agreements for State and County roadways or cite those agencies for lack of maintenance. The City needs to obtain easements for the 57t'' Avenue bridge over the railroad tracks. Ms. Harris stated they are also looking to conduct a multi-modal traffic impact study of three key intersections, and those are 57t'' and University Avenue, 57t'' and Main Street, and 57t'' and Seventh Street. Multi-modal includes pedestrians and bicycle, car, bus, and train transportation. Ms. Harris stated they are looking to initiate a discussion with the Minnesota Department of Transportation, Metropolitan Council, and Anoka County about access to bus stops. This is a topic that came to their attention from a resident who has oftentimes seen people trying to access the buses at University Avenue near Osborne and are having trouble getting on the bus. Ms. Harris stated they also want to develop a transportation cycling map and research multi- modal needs. They have included in the Comprehensive Plan a suitability map. That is in Chapter 6 on page 82. The suitability rating for transportation biking takes a look at our roads and determines how safe they are, how much traffic is on them, and this is done with the assistance of a community member who is working with cycling groups in Shoreview and New Brighton. So they are looking at creating a north metro map of roads that are easily navigable by bicycle. Furthermore, on the transportation cycling map, staff is looking at ways to define distinctive north-south routes and east-west routes. Ms. Harris stated in Chapter 7, the parks, trails, and open space, they came up with the following action steps: replace old park equipment and signs according to the capital improvement plan, develop a consistent signage policy, and develop and distribute a promotional park trail map. They are also looking for the Springbrook Foundation to reapply for state funding for their entrance project design as well as key funding for certain trail segments. Pursue more east-west bicycle/walking connections as well as over 694. That would possibly be at Matterhorn. Ms. Harris stated also clear underbrush at riverfronts, Mahnomen and Islands of Peace Park. This would increase visibility of the river which is a valuable community asset that they heard loud and clear at the community meetings. Residents want to make it a prominent feature. Doing this would also increase the safety of our parks and improve plant health by removing invasive species such as Buckthorn. Ms. Harris stated regarding Chapter 8, natural resources and sustainability, for those action steps they are looking to develop a tree preservation ordinance for all properiy types, develop a natural resources management plan. That would include management of our deer and geese population 10 which are perennial problems. Develop an invasive plant species removal plan for public property and designate a staff inember to coordinate natural resource management. Ms. Harris stated in Chapter 10, the sanitary sewer plan, they are looking to create a system- wide needs assessment and long-range plan for sustainable funding. They are look to correct inflow and infiltration sources when discovered. A quick overview of inflow is water from the surface or ground that flows into sanitary sewers through manhole covers and water is either from rainfalls or sprinkler systems. Infiltration is groundwater getting into the joints or cracks in the pipes. They are also looking to be proactive and not just respond to problems as they arise and looking to prevent them. Also preventing the inflow and infiltration into systems and then analyze and evaluate as necessary. Ms. Harris stated in Chapter 11, they address a public water supplies plan, complete a rate study to establish a sustainable system, and complete a wellhead protection plan. The intent of that is to protect our drinking water supply. They will develop a plan for systematic replacement of water mains over time, update an emergency management plan every five years, monitor summer's heat demands and consider educational or Code options, and develop guidelines for an action plan if unmetered water usage becomes high. Ms. Harris stated in Chapter 12, the action steps for the surface water management plan are: install more shore land civilization projects, obtain water quality data and watch those trends, and assess the effectiveness of rain gardens and consider installing more. In the summer of 2007 there was a group of residents in the Memory Lane area that approached them and said that they wanted to include rain gardens on their property to drain, while their streets were being repaved and reconstructed. So they are looking to monitor those over the years and seeing how effective they are in catching rainfall. They did receive some photos from residents during a 6-inch rainfall over the summer, and the rain gardens were capturing the water just they were supposed to. Another thing here is to revise the wetland Code. The buffers need to be defined. Lastly, reconstruct the Jay Park rain garden so that it will drain properly. Ms. Jones stated Chapter 13 is the Public Facilities Plan. This covers city-owned facilities that are not covered in the Parks chapter or in the Water and Sewer chapters. In other words, things like our fire stations and municipal center. One of the action steps in that plan is to repair or replace one of our entry monument signs each year. Of course we want these signs to be looking good and representative of the City. There are seven of them out there, so they would be on a seven-year repair cycle. Another action step, which has actually been researched in a cost-benefit analysis and it has already been done to determine that it would be more economically-sound for the City to install its own mechanics bay to work on larger equipment rather than to outsource that work. They are also looking at the possibility of retrofitting that bay to double as a truck wash, for example, to wash the snow plows to hose off the salt. Ms. Jones stated they have also determined that there are a lot of different departments that work out of this facility in the municipal center that have various needs for this building, and various people that were aware of inechanical, structural, and technical needs in the building. In that discussion they have determined that it would be very prudent for the City to do a very comprehensive cost analysis of all the different improvements, including repairs related to the parking ramp, looking at those costs in a comprehensive manner, rather than in piecemeal manner, looking ahead at the cost in the near future and consider that cost vs. the cost of building new, because it sounds like there is some extensive work that needs to be done in the building. 11 Ms. Jones stated they would like to partner with the school districts and the various sports associations to analyze the need for additional gymnasium space. They keep hearing of the need but it has never been thoroughly analyzed so they want to do that in the near future. They also need to consider the cost of bringing the forfeited vehicle storage area into compliance with Code and compare the cost of those improvements to the added sale value for those vehicles. It sounds like if they store those vehicles inside, we can get a higher value but they want to do a study on that. Ms. Jones stated, in summary, Fridley's 2030 Comprehensive Plan embraces the City's urbanized potentiaL It is built upon the benefit of the Northstar Commuter Rail station coming to Fridley. It opens the door for a walkable downtown area. It provides more mass transit options for our aging populations. They heard from people as they get older that transportation is a very big concern as well as medical facilities. It provides more diverse housing options for our aging population. It provides for safer recreation and safer routes to schools. Staff has actually already started partnering with the Fridley School District in their desire to apply for safe routes to school funding. It strives to improve the appearance of our major corridors in the City. It protects our natural resources, including our water supply, which, of course, is very important. It is a plan for Fridley to continue to be a great place to live, to work, and to do business. Ms. Jones stated the public hearing mistakenly noted that this item would go to City Council on January 7, but that is too soon. They are taking comments tonight, plan on making changes to the plan, and reprint another draft of this plan before they give it to City Council. Therefore, they are planning to bring this item to City Council on January 28. Bill Holm, 7424 Melody Drive, stated his primary concern in general is that he is fiscally conservative. He is concerned about the City making commitments to fund anything that may be difficult to achieve. He knows the City is currently on a very tight budget, and he does not expect that environment will change over the next 30 years. He would like to offer some points: first, there are a couple of places in the documents suggesting the City staff should devote time to find out why employees work in Fridley but live elsewhere. If it is a substantial amount of staff time, he questions the value they would achieve from that. It is desirable to minimize commuter time, free up freeway time, etc. He does not think they are going to be able to solve it, and he hopes they do not spend a lot of time on that particular item. Mr. Holm stated the second big item, is the 57t''Avenue corridor which he agrees with but he questions the feasibility, the cost, and the benefits of a bridge over the railroad tracks to connect it to East River Road. The cost of such an extension is substantial, and he questions, the need with a freeway connection a half a block away and a walkable plan for pedestrians on 61St. He understands it is just a concept at this time, but it is difficult for him to envision something of that magnitude being able to be included in the plan. Mr. Holm stated regarding adopting a housing maintenance code, while that may be desirable, it may also require increased staf£ If they are going to adopt a housing code, he thinks it should be changed to consider adopting a housing code, based on a cost and benefit analysis. They need somebody to enforce the housing code if you establish it. There are references in the transportation section that have to do with establishing bikeways over 694 on both Main Street and Matterhorn, and he is not sure what that means. Does that mean putting up a separate bridge or a little balcony to the side. However, there again it is a matter of cost and benefits. MOTION by Commissioner Oquist to receive memo from William Holm. Seconded by Commissioner Sielaff. 12 UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Bob Gambrel, 1219 Norton Avenue, stated he is a commuter bicyclist. He uses the bus and a bike to go to work. He thinks this is a great plan in generaL In terms of bicycle transportation, he thinks there are some areas that could use a little improvement. He thought the transportation section did a good job of blending the needs of cyclists, pedestrians, automobiles, and transit. In looking at the bicycle routes in Fridley, adding another route like 57t'' would be very valuable, as his map shows a need there. He would be in favor of doing the City View plan and possibly building a bridge. Mr. Gambrel also talked about changing the emphasis from recreational cycling to transportation or commuting cycling. He thinks that is a strong emphasis that has to be made. There are lots of recreational bike trails, but the real challenge he believes is developing better ways to allow people to go to work and take trips on their bicycles, actually commuting effectively. Acting Chairperson Kondrick asked Mr. Gambrel if he was talking about traveling to and from work, for example, within Fridley or also outer Fridley. Mr. Gambrel stated he travels from Fridley to Roseville where he works. He is trying to figure out the best way to get there. Also, his mother lives in Spring Lake Park where he also bikes. Acting Chairperson Kondrick asked did they not have something in this plan that they were going to work with other communities to establish that map and bikeway? Ms. Jones stated they actually have a meeting set up tomorrow to start working on that already with New Brighton and Columbia Heights. They are looking at some of those routes. Mr. Gambrel stated one of things he has done is he has looked at all of the routes between Fridley and Roseville. So he goes through a lot of communities. In general, he has noticed the Fridley routes are usually better than either New Brighton or Mounds View. He usually takes the bus and his bike and he usually ends up on his bike for four miles and on the bus for four miles. Mr. Gambrel stated there are two points that he thinks are negative about the Plan and could be improved. One, is he thinks it is important for the City to develop a list of problem areas for bicyclists and prioritize them. Two, he felt any new street reconstruction projects should be evaluated regarding how they impact pedestrian and cycling safety. As an example of where this was not done, he mentioned that earlier improvements to Highway 65 under 694 improved automobile traffic flow, but made it more unsafe for pedestrians and bicyclists. He can provide staff a list of his recommendations. Commissioner Oquist asked regarding the action step about trail snow plowing in the Transportation Plan, on page 102, if that included the marked off areas on streets or is that just trails through the parks and wooded areas? Ms. Jones replied the public response did not really specify which type of trail was an issue. Staff took that the response to mean any path for recreational purposes. 13 Commissioner Oquist commented that recently traveling north on Highway 65 in the right turn lane at 694 he almost hit somebody. The person was walking in that lane and several vehicles had to veer out and take up half the middle lane. He has seen kids bike in that lane. Ms. Jones stated they have been very lucky the past few months as they have had a work study student from St. Cloud State working in their department who has a particular interest in some of these transportation issues. They have kind of combined a lot of these different action steps that relate to working at better pedestrian access, transportation routes, cycling routes, etc. and our various routes. The student has been putting together a whole study on it. Commissioner Oquist pointed out the plan does not address the need for folks living on the east side of Fridley to cross Highway 65. The plan deals with the center of the City and west to East River Road. The plan should address other needs also. He sees kids crossing Highway 65 in the morning, going to school, and they are crossing against the light and dodging cars. Tom Myhra, 6360 Able Street, stated he is the Chair of the Concerned Citizens of Fridley. They have studied this issue for a long time. Most of their concern is with the Housing. They spent a lot of time studying it. MOTION by Commissioner Velin receiving Report from Concerned Citizens of Fridley. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Myhra talked about acceptable senior housing and how multi-story buildings and long hallways were not good for senior housing. People want one floor. He did not think they were much interested in condominiums. He thinks they have plenty of beginning housing, middle housing, and not a lot of move-up housing. Acting Chairperson Kondrick asked him if he thinks we should have more of that? Mr. Myhra replied, he did not think so. Fridley is not known as a place to go live if you are wealthy and retired. They feel strongly about the health and density. The housing rental/owner- occupied ratio is presently something like 63/40 percent. They do not know what the critical mass is. Low income rental housing is ripe for crime. Another concern is eminent domain. Fridley has had a long history of using it. We are surrounded by cities that use it, want to use it, and the president of League of Municipalities has said that ought to be the major goal is to change it back to where it was where you can take private property for private property and give it to somebody else. Mr. Myhra stated regarding zoning, that he believes that if he bought a house on Able Street back in 1963 and it was zoned R-1 and surrounded with R-1 zoning that this zoning should never be changed. It is a long-term contract, and he thinks that Fridley recognizes that. He thinks that ought to be a goal — not to use eminent domain for economic reasons. Pam Reynolds, 1241 Norton Avenue, stated she also is a member of the Concerned Citizens group with Mr. Myhra and they have done a lot of research on this. First she wanted to give them a handout of the research that she did after she saw Ms. Jones' presentation to the HRA. One of the points is embracing urbanization and the urban potential of the community. Mr. Myhra touched on the consensus and desire to make it part of the Comprehensive Plan to maintain the 65 14 percent homeownership to 35 percent rental ratio. She did a research study regarding the relationship between some things not so good about urbanization, which would be a crime comparison based on density. MOTION by Commissioner Velin to receive the handout on research done by Pam Reynolds. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Reynolds stated this research shows large urban areas and the correlation between owner- occupied and rental. They will see it in most cases it is closer to a 50/50 split. Her concern is embracing urbanization and the bad things that come with it. You might get better restaurants but you get higher personal crime, pollution. She read a study that showed higher density causes people to set more fires believe it or not. She did not put all of her research in it but she thinks enough for them to get the jest of it. The fourth page shows a crime comparison based on density. They wrote a lot of articles saying there has been no formal study but she found one website that showed large cities and the violent crime, property crime, and the information comes from FBI file data. Ms. Reynolds stated her concern is as the Met Council guides the reason for higher density, we are going to find ourselves no longer a first-ring suburb but part of Minneapolis. She found it interesting that Columbia Heights, who is truly a first-ring suburb, has a higher ratio of home ownership to rentals than Fridley. That is something that concerns her. Chapter 5 shows that the demographics are taken from the 2000 census. Her question is how wise is it to use this data for planning for 2030? The suggestions that are done for 2030 are really only guesses. Not to offend anyone, the majority of the folks in this room will probably not be here to guide it. She also thought some of the ideas in the Plan she found to be kind of lofty. She kind of things a Comprehensive Plan should be "attainable" goals for the future. Ms. Reynolds stated in Chapter 3 there is a section called, "Part of a Greater Region." There is a list of things Fridley is expected to do. Her question is are these things that the Met Council can force them to do. Something tells her that the expectation may be there but they cannot enforce it. The laws that concern development and things in this State do not force cities to do anything. So her concern there is that the new Comprehensive Plan lays it out as if they do not get a choice in the matter. In Chapter 3 it mentions there are residential properties that the zoning is inconsistent with their usage. Her question is there is a list of these properties, is the history available that tells how the City allowed R-3 use to be built in R-2 or did it happen because there was a lot of citizen change that does not along spot zone anymore? How can you penalize the neighborhood by saying, oh, you were R-2 but we allowed somebody to build an apartment building so now we are going to make you a higher density. Ms. Reynolds stated she has a lot of concern with transit-oriented development. She has also done considerable research on this. Again, you increase density, you increase crime. She understands that the goal is to make it a walkable community, and the transit-oriented development begins or is that process because the rest of the City is not ever going to have shops because there cannot have mixed zoning, spot zoning. Some of her research has taken her to developments in Philadelphia, Chicago, surrounding areas. Pretty much of what we are, a suburb of Minneapolis. So some of what we do will show up in the future as the same what Philadelphia or Chicago did. Both of those areas are transit-oriented development which turned into ghetto. They are currently tearing most of them down and trying to figure out how to rebuild. She pulled 15 off the Delaware Valley Regional Planning Commission in Philadelphia, they have some real issues trying to get people to buy into transit-oriented development after they saw what happened with the first round. Ms. Reynolds stated, like Mr. Myrha, she truly believes zoning should be a long-term contract. She is a little concerned with concept of changing the zoning in Hyde Park. She would be really upset as one of the folks who bought the new housing Gateway West if all of a sudden, a half a block away, they started building six-eight story high-rises in order to accommodate transit- oriented development. Ms. Reynolds stated Chapter 5, "Future Land Use," describes S-2 zoning as a tool for development. However, in the past, for example the Demallo (sp.) Project in Town Center, this zoning and now these projects that they believe are both defunct were basically shoved down the neighborhood's throat because they were consistent with the Comprehensive Plan. This evening she heard with the Bow Wow Camp, this is consistent with the Comprehensive Plan. Two questions, why cannot the City use the normal zoning classification to do redevelopment. In the Comprehensive Plan it says that they can request a plat and a plan and the blueprints, etc. She thinks that all of our Codes and requirements allow that anyway without changing the zoning or property. Ms. Reynolds asked can anyone in this City assure the citizens that this is only a plan and not a contract with potential developers. When she first started being concerned about the Comprehensive Plan in Fridley, she kept being told it is only plan, it is just a guide. Yet, developers are able to manipulate their projects into the City based on that it is consistent with the Comprehensive Plan which tells her that this document has a whole heck of a lot more power than a future vision. So, her question is, is it a plan that you are required to follow or is it merely a guide the developer cannot take them to court on because she knows developers have taken the City to court based on what our Comprehensive Plan says. Commissioner Velin stated he believed Ms. Reynolds brought up some very good points. Is this actually going to be the way it is going to be or is it just a plan that they are going to work off of? Acting Chairperson Kondrick stated that is a good point. What is good today, what we think today and is our best guess today and then ten years from now, it all of a sudden becomes a different ballgame. Things happen, there are more demographics changes, everything is changed. To be able to have something cast in stone, saying what it is going to be 20-30 years from now. He does not know who can do that. What it amounts to is experts taking their best guesses as to how they think things are going to be. To say that this freezes things and that things do not happen, we have to as planners and citizens think about ways about how things will be. Chairperson Oquist pointed out if you look at page one, the purpose of a Comprehensive Plan is a planning tool intended to help guide future growth and development of the community, that is all it is. It is a guide, it is not the zoning laws and is not the zoning book. Chairperson Sielaff asked have the developers taken the City to court based on Comprehensive Plan? Has that happened? Scott Hickok, Community Development Director, replied he could not recall a case where they have been taken to court. 16 Commissioner Velin stated what about Brandes Place, the Council voted, no, and they sued and built it, didn't they? Mr. Hickok replied that was not a challenge to the Comprehensive Plan. It was a modification to the Comprehensive Plan to make the entire site consistent because half the site originally was commercial, and half was residential. The Comprehensive Plan was split that way also. A1 Stahlberg, 8055 Riverview Terrace, stated he is also a member of the Concerned Citizens. He did not get a chance to look at the Plan before tonight. He realizes the idea of a bridge over the Burlington Northern tracks was for emergency vehicles but, the way this is kind of played out, is it is like 50/50 that and the other is walking or bicycle path. He wondered what about the tunnel for underneath the train tracks? They will build it and seal it until some point we will get a station in Fridley. He asked, why do you need the bridge then? Mr. Stahlberg asked what will this plan of the 57t'' Avenue extension idea cost? Who will pay for it? How much use is there on the Mississippi Avenue pedestrian bridge now? He does not see many people using it. People who work but not live in Fridley could be that is how often people change jobs, look at how often people change jobs -- every three to five years. Are you going to change houses? It is just the way it is. Mr. Stahlberg stated regarding the 57t'' Avenue extension, having all the nice trees and boulevards. Where is the money going to come from for maintaining all of that? He lives over on the river on the west side of town, the Mississippi Corridor trail path that is supposed to go from Brooklyn Park, Elm Creek Park, to Hastings. The City does not plow the trail going to Riverview Heights Park in the winter. He has asked the Mayor why, and he says it is too expensive. Mr. Stahlberg stated regarding the idea of signage for the 1950 houses, he stated, please do not waste my money on a sign telling him about a 1950's rambler. Who is going to pay to repaint the Fridley signs? How much is that going to cost? His house is going down in property value, he would like to see his taxes go down accordingly. He bets they won't. The idea of a 30-year old house being obsolete or a problem, it takes many people 30 years just to pay for their house. A well-maintained house should last 100 years. He asked why doesn't the City try a 5 or 10-year plan? He asked how much have we followed the first Comprehensive Plans? He would like to see what they were thinking about when the first one was made. MOTION by Commissioner Velin to receive analysis of Fridley Bike Routes by Bob Gambrel. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 9:49 P.M. Commissioner Sielaff stated regarding Chapter 11, he thinks it would be a good idea to water quality data as part of the Plan. He thinks they should compare that with drinking water limit, how it stacks up with the limits vs. what they are actually getting. Also, concerning water 17 quantity, they talked about volume-based pricing. His does not know if the water pricing in the City is volumed on discounting, the more water you use, the less the water costs per gallon vs. going the other way, trying to conserve the water by increasing prices per gallon. If they are serious about conservation, they should come up with more specifics on how they attain that. Acting Chairperson Kondrick stated he thinks the City has plans of doing a water study. They did not want to spend the money on doing that until they knew that this referendum was going to be passed. Ms. Jones stated it is Action Step No. 4 as part of the reference to the rate study. MOTION by Commissioner Oquist approving the draft of the Comprehensive Plan with comments received tonight. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the October 25, 2007, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the November 1, 2007, Housing & Redevelopment Authority Meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg stated their ne�t planning seminar is January 16 from 6-8 p.m. here. She will be presenting a year in review presentation also that night. ADJOURN MOTION by Commission Velin adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 9:57 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary : � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 January 23, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #08-01, Pro Source Technologies for Sprint M-08-06 INTRODUCTION 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 ft. telecommunications tower at the industrial property, owned by Greg Dahlke, of Dahlke Trailer Sales, which is located at 8170 Hickory Street N E. The proposed facility will consist of a 125 ft. monopole telecommunication tower and a 12 ft. by 20 ft. prefabricated accessory shelter. The proposed tower and related ground equipment will be contained in a fenced in, 20 ft. by 30 ft. leased space on the subject property. Sprint PCS is proposing to construct three (3) new and nine (9) future antennas and six (6) new and fifteen (15) future coaxial cables on the new tower. The future antennas and coaxial cables allow the proposed tower to be designed for at least two additional wireless carriers. The petitioner is proposing to construct the tower and related equipment on the north side of the property, in the side yard, just west of the existing parking lot. The telecommunications ordinance states that in order to minimize adverse visual impacts of the tower and related ground equipment the petitioner shall carefully consider the design, placement, landscaping and innovative camouflaging techniques. It also states that the tower and equipment shall be designed to blend into the surrounding environment. PLANNING COMMISSION RECOMMENDATION At the January 16, 2007, Planning Commission meeting, a public hearing was held for SP #08- 01. After hearing from staff, the petitioner and the property owner of the subject request, the Planning Commission recommended approval of the request with the removal of stipulation #1, therefore, allowing the tower to be located in the proposed location desired by the petitioner and the property owner. THE MOTION CARRIED ON A 4 TO 2 VOTE. The Commissioner's who voted in favor of the request with the removal of stipulation #1 articulated their reasons and below is a list of that recommendation, followed by a staff response. Commissioner Recommendation: Proposed location works best on the site. Staff Response: While the petitioner and property owner may feel that the proposed location may work best for their property, basic site planning of the subject property would suggest that this isn't the best location. The property owner stated at the Planning Commission meeting that if they constructed an addition to the building, they would add an addition to the west side of the building. Staff has determined that is most cases this wouldn't work on the site. There isn't enough land area to the west of the existing building that would allow for an addition to be constructed and still have the room needed for a fire truck to have access around the entire site. Constructing an addition to the building on the north side would be more realistic for this site. Therefore, locating the cell tower and related equipment in the proposed location may hinder the ability to allow full build out of the site. The proposed location is also contradictory to City code requirements. The code is very specific in that it states that when the petitioner is designing the tower they should carefully consider the design, placement, landscaping and innovative camouflaging techniques in order to minimize adverse visual impacts of a telecommunication tower and related ground equipment. It also states that the tower and equipment shall be designed to blend into the surrounding environment. Placing the tower in the proposed location is right on the edge of the front yard and side yard, which will make it highly visible from Hickory Street as well as 81St Avenue, thereby not meeting the code requirement to consider innovative camouflaging techniques. Relocating the tower along the northern property line, Location B(see attached aerial) will allow the tower to co-exist with the other vertical elements that already on the site. The Xcel transmission poles that already exist along the western property line of the subject property provide a visual distraction that will cause the proposed tower to blend into the surrounding environment. Commissioner Recommendation: Staff recommended Location A would cause issues for the telecommunications equipment as this is where the property owner have their snow storage and it is subsequently a wet area. Staff Response: The petitioner and property owner have expressed that Location A would not work for the cell tower as that is the location used for snow storage before it gets pushed into the adjacent retention ponds. As a result, this area tends to be wet. Staff is agreeable to removing Location A as a potentially relocation area. Commissioner Recommendation: The proposed location will provide easy access for Sprint. The subject property is located on a dead end street in an industrial area that won't be highly visible by anyone and it is also the farther location from Springbrook Nature Center. Staff Response: While the proposed location may provide convenient access for Sprint, it isn't our duty as City staff to recommend approval of a request based on the need for easy access to the telecommunication tower and related equipment. Ourjob is to follow basic site planning and the City code requirements. As stated above, the City code is very specific about the fact that these structures need to blend into the surrounding environment to whatever extent that is possible. Locating the tower along the north property line (Location B) meets code requirements and will sufficiently allow the tower to blend into the surrounding environment. The property owner has stated that this location isn't desirable as they would like to potentially sell off that piece of property. In order for the petitioner to sell off this piece of property, the lot would need to be sub-divided as currently it is one single parcel. While access to Location B will be slightly more complicated, it will achieve the intent of the code. It is true that the subject property is located on a dead end street in an industrial district. However, 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 need to meet the code requirements for the zoning district in which they exist. All properties are subject to all code requirements including but not limited to, landscaping, grading and drainage, setback, parking, and the telecommunication ordinance. Just because the subject property is on a dead end street doesn't allow the City to be less restrictive than if it were located along a major thoroughfare like University Avenue or Highway 65. Location B is approximately 400 ft. to the nearest trail in the Springbrook Nature Center and the proposed location is approximately 650 ft. from the proposed location. Location B is in fact closer than the proposed location to the Nature Center. However, if the tower is placed 400 ft. from the nearest trail and located within close proximity to the Xcel transmission poles, it will blend into the existing environment and be much less noticeable. In 2005, you may recall, the City Council approved a telecommunication tower to be constructed at 8290 Main Street. At its closest point, that tower was approximately 125 ft. from the Springbrook Nature Center. Due to the close proximity of that tower location to the Nature Center there were discussions of constructing that tower to look like a tree to help it blend into the surrounding environment. In the end, it was stipulated that the paint finish on the tower be approved by staff prior to installation to ensure that it matches the surrounding environment to the extent possible. It appears that the property owner in that situation has been unable to comply with the stipulations that were required as part of the special use permit. As a result, the City hasn't seen the construction of that tower. The special use permit has since become void due to lack to compliance with the stipulations and construction of the tower. It should also be noted that after review of the Planning Commission minutes it appears that the property owner eluded to the fact that the proposed tower would be 200 ft. from the street. While that in fact may be true when measuring from the corner of 81St Avenue and Hickory Street to the proposed location, the tower is essentially approximately 125 ft. from Hickory Street and close to the front of the site, which may impede future development. PLANNING STAFF RECOMMNEDATION City Staff recommends that the City Council approve the special use permit for the telecommunications tower contingent upon the relocation of the tower to Location B as highlighted in this report. The tower shall be placed no closer than 300 ft. from the eastern property line and setback 15 ft. from the northern property line. The tower shall be relocated based on the following: ■ Location B will meet the true intent of the code. ■ Location B uses good site planning for the subject property that won't hinder future full build out of the site. ■ Location B will allow the tower to blend in with the other vertical elements already identified on the site. ■ City code doesn't require the City to do whatever might be "easier" for the petitioner or property owner; it requires the petitioner and property owner to meet code requirements and to conform to basic planning principles. STIPULATIONS 1. Telecommunication tower to be relocated to Location 8 as depicted in the January 28, 2008 City Council memo. 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. 4. The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. 5. The facility shall be designed to discourage unauthorized entry. 6. No signs other than warning or equipment information signs are permitted as part of this application. City of Fridley Land Use Application SP #08-01 January 16, 2008 GENERAL INFORMATION Applicant: Pro Source Technologies Steve Stulz 9219 East River Road NW Minneapolis MN 55433 Requested Action: Special Use Permit to allow the construction of a 125 ft. telecommunications tower. Existing Zoning: M-3 (Outdoor Intensive Heavy Industrial) Location: 8170 Hickory Street Size: 10.8 acres Existing Land Use: Dahlke Trailer Sales Surrounding Land Use & Zoning: N: Industrial & M-3 E: Industrial & M-3 S: Industrial & M-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.(7) requires a special use permit to allow telecommunication towers and wireless telecommunications. Zoning History: Lot hasn't been platted. 2003 — Building is constructed. 2004 — Addition is constructed. Legal Description of Property: The south 844 feet of that part of the SW'/4 of the NE'/4 of Section 3-30-24, lying easterly of the easterly right-of-way line of the railroad, except road, subject to easement of record. Public Utilities: Property is connected. Transportation: Hickory Street provides access to the property. Physical Characteristics: Lot consists of the building, parking lot, outdoor storage and landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT Mr. Stulz, who represents Pro Source Technologies for Sprint PCS, is requesting a special use permit to allow the construction of a 125 ft. telecommunications tower at the industrial property located at 8170 Hickory Street. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as telecommunications towers are a permitted special use in the M-3, Heavy Industrial District, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 28, 2008 60 Day — February 11, 2008 Subject Property Staff Report Prepared by: Stacy Stromberg SP #08-01 REQUEST 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 ft. telecommunications tower at the industrial property, owned by Greg Dahlke, of Dahlke Trailer Sales, which is located at 8170 Hickory Street N E. The proposed facility will consist of a 125 ft. monopole telecommunication tower and a 12 ft. by 20 ft. prefabricated accessory shelter. The proposed tower and related ground equipment will be contained in a fenced in, 20 ft. by 30 ft. leased space on the subject property. Sprint PCS is proposing to construct three (3) new and nine (9) future antennas and six (6) new and fifteen (15) future coaxial cables on the new tower. The future antennas and coaxial cables allow the proposed tower to be designed for at least two additional wireless carriers. TELECOMMUNICATION ACT'S IMPACT ON FRIDLEY In December of 1996, the Fridley City Council established a moratorium temporarily prohibiting the construction of new communication and antennae array. The moratorium establishment allowed the City to take a comprehensive look at the impact of the 1996 Telecommunications Act and establish acceptable antennae locations. Wth the moratorium in place, staff worked with PCS consultants to get a clear understanding of the technology, issues, and to determine how many antennae locations would likely be required to service the community. As a result of the analysis, an approved site approach was approved. The City of Fridley now has a series of approved sites for the installation of wireless telecommunication facilities. To install a telecommunication tower in an industrially zoned area not on the "approved site" list, a special use permit must first be obtained. SITE DESCRIPTION Sprint is proposing to locate the telecommunications tower at 8170 Hickory Street. The subject property is zoned M-3, Outdoor Intensive Heavy Industrial as are all surrounding properties, with the exception of the Burlington Northern Santa Fe railroad tracks to the west. The subject property was developed in 2003, with the construction of the existing 23,920 sq. ft. building. An addition was constructed to the building in 2004, to allow a 14 ft. by 70 ft. paint booth. ,„ �"m� �� SPECIAL USE PERMIT ANALYSIS ' � —=— � .....: The purpose of a special use permit is to provide the �� City with a reasonable degree of discretion in '�•�' �= �.{{ r � ,.:.: determining the suitability of certain designated uses upon the general welfare, public health and safety of the area in which it is located. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. As was stated earlier, the petitioner is requesting this special use permit to allow the construction of a new telecommunications tower at 8170 Hickory Street. The subject property is zoned M-3, Outdoor Intensive Heavy Industrial. Telecommunication towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities are allowed in the industrial districts, but only with a special use permit. Site Selection — Sprint evaluated potential sites within their search ring and found the proposed site best meets the criteria required for the placement of a new tower. The criteria is based on the height of the tower setback requirements, adequate ground space, limited tree displacement, the proximity to power and telephone poles and the need for coverage in the area to fill the gap between surrounding sites. When Sprint started their initial search for tower locations, they identified the existing T-Mobile tower, which is located on the Park Construction property at 30 81St Avenue. City Code requires that the petitioner prove that a new site is necessary and that usable Approved Sites are not located within a%2 mile radius of the proposed new site. The T-Mobile tower is located approximately .25 miles from the proposed new tower site. There are two towers located beyond a%2 mile of the proposed site, one which is located at Talco Industries at 7835 Main Street, and the other is located at Northtown Mall. Sprint has determined that if they located their antennas on the T-Mobile tower, which is located on the Park Construction property, it wouldn't provide the adequate coverage needed in the areas they're looking to serve. T-Mobile's equipment is already at the top of the 125 ft. tower and if Sprint were to locate on this tower it would have to be at a lower height. According to Sprint, due to the lower height availability on this tower, Sprint would lose approximately 45% of the coverage that would be accomplished on the new proposed tower. Coverage maps have been attached for your review. While the subject property isn't on the approved site list with the City for telecommunication towers, it is located in an industrial district, which is allowed through a special use permit. The telecommunications ordinance states that in order to minimize adverse visual impacts of the tower and related ground equipment the petitioner shall carefully consider the design, placement, landscaping and innovative camouflaging techniques. It also states that the tower and equipment shall be designed to blend into the surrounding environment. The petitioner is proposing to construct the tower and related equipment on the north side of the property, in the side yard, just west of the existing parking lot. Even though the proposed location is in an industrial district, it is important to consider the above code requirements. As a result, staff recommends and will stipulate that the proposed tower location be moved to the rear yard or further north on the land that was previously used for Frattalone's rock crushing operation. Relocating the tower will minimize visual impacts from Hickory Street as it will move it into the rear yard, which will also cause the tower to blend in with the existing Xcel transmission poles. The ground equipment is proposed to be screened with a chain link fence. The Planning Commission may recall that in 2005, a special use permit was approved to allow the construction of a new telecommunications tower at 8290 Main Street, which is approximately .16 miles north of the subject property. That tower was also intended to be a Sprint tower. It appears that the property owner in that situation has been unable to comply with the stipulations that were required as part of the special use permit. As a result, the City hasn't seen the construction of that tower. The special use permit has since become void due to lack to compliance with the stipulations and construction of the tower. Staff re� relocati Aerial of Subject Property Proposed Location RECOMMENDATIONS City Staff recommends approval of this special use permit request as telecommunication towers are a permitted special use in the M-3, Outdoor Intensive Heavy Industrial zoning district, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Telecommunication tower to be relocated to Location 8 as depicted in the January 28, 2008 City Council memo. 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. 4. The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. 5. The facility shall be designed to discourage unauthorized entry. 6. No signs other than warning or equipment information signs are permitted as part of this application. � � CffY OF FRIaLEI' Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2��8 January 11, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner 2008 SCORE Grant Agreement for Recycling Program BACKGROUND We have received the 2008 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $ 66,316.96 in state SCORE funds from Anoka County to subsidize the cost of our 2008 residential recycling expenses. This year's SCORE grant allocates a base of $10,000 and $5.04 per household for each municipality. The amount represents a funding increase of $ 3,316.46 over the 2007 amount of $63,000.50. As household numbers in all Anoka County municipalities fluctuate, so does the "per household" amount. Staff has reviewed the 2008 agreement attached and finds no noticeable language changes from previous agreements. RECOMMENDATION Staff recommends that the City Council approve the attached Anoka County Contract # 2007-0261 at its January 28, 2008 meeting. Staff further recommends that the City Manager be authorized to execute the contract. � Anoka County Contract # 2007-0261 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1 st day of January, 2008, notwithstanding the date of the signatures of the parties, between the COIJNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter referred to as the �"MUNICIPALTTY". WITNESSETH: WHEREA5, Anoka County will receive $404,703 in funding from the Solid Waste • Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds") prior to the effective date of this Agreement; and WHEREAS, Anoka County anticipates receiving an additional $404,703 in SCORE funds in the spring of 2008; and . WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. -- NOW, THEYtEFO�tE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: - 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2008 through December 31, 2008, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" sliall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing . processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, gl�ss, plastics, metals, � fluorescent lamps, major appliances and vehicle batteries. � f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 2,328 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. u. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. � iii. The Municipality shalI implement a public information program that contains at least the following components: (1) One promotion is to be ma.iled to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipaliry's newsletter or local newspaper; and (3) Two communiry presentations aze to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipaliry with background materia.� e�a: �he focused recyclable material of the year. iv. The Murucipality, on a.n ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipaliry's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipaliry sha11 prepare and subnut to the County by March 31, 2008, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. ' REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2008 and January 19, 2009: a. An accounting of the amount of waste which has been recycled as a result of the Mun.icipality's activities and the efforts of other community programs, redemption centers and' drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which ha.s been marketed. For recycling programs run by other persons or entities, the Municipality sha11 also 30 provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep deta.iled records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the wa.ste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with addidonal reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. �� BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2008 a�d January 19, 2009. Costs not billed by January 19, 2009 will not be eligible for funding. The invoices sha11 be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. :� ELIGIBILITY FOR� FUNDS. The Municipaliry is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $66,316.96. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.04 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $404,703 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project ma.ximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in � accordance with requirements of the County and the State of Minnesota. The � Municipality shall maintain strict accountability of all funds and maintain records of all receipt,s and disbursements. Such records and accounts shall be maintained in a form - which will pernut the tracing of funds and program income to final expenditure. The Municipality sha11 maintain records sufficient to reflect that all funds received under this 31 Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than iive years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. §.16C.05, the Municipality shall a11ow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Aud.itor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. . 10. GENERAL PROVISIONS. a. In perfornung the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipaliry shall comply with all applicable requirements of the Sta.te of Minnesota for the use of SCORE funds provided to the Municipality bythe County under this Agreement. b. No person sha11 illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or - national origin, be excluded from full employment rights in, participation in, be denied the beneiits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layaff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and sha11 ensure that the subcontractors perform fully the terms of the subcontract. The Agreement betw�een th� Mt�ci�ality and a subcontractor sha11 obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fa11 within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a.minimum, the prevailing wages rates as certified by � said Department. 32 e. It is understood and agreed that the entire Agreement is conta.ined herein and that this �4greement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of tTus Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with a111aws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipaliry, nor sha11 the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLIeATION. The Municipality shall acknowledge the financial assistance of the Counry on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, �officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the ternunation or expiration of the term , of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date � of termination. If this Agreement is ternunated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set th'eir hands as of the dates first written above: CITY OF FRIDLEY sy:_ Name: Title: Date: By: Municipaliry's Clerk Date: Approved as to form and legality: , - COUNTY OF ANOKA By: Dennis D. Berg, Chair Anoka County Board of Commissioners Date: ATTEST: Terry L. Johnson, County Adm.inistrator Date: Approved as to form and legality: 34 Assistant County Attorney � � � �rr aF FRIDLEY Name AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 Appointment Starting Position Salary Kenneth Public Services Small Worker — Streets Non-exempt $22.63 per hour (lateral transfer) Starting Date Jan. 29, 2008 Replaces Kevin Mensch � AGENDA ITEM � COUNCIL MEETING OF JANUARY 28, 2008 �ffY �F FRIDLEY C�AI MS 135124 - 135412 � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 28, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Erickson PHC Gas Services Stacy Erickson Ron Julkowski, CBO McGuire & Sons Gas Jenn Simon Ron Julkowski, CBO Rosenquist Construction Roofing Arden Anderson Ron Julkowski, CBO Signs Now 456 Sign Erector Chad Salewski Ron Julkowski, CBO � � �ffY OF FRIDLEIF AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 LICENSES Type of License Applicant Approved By; Message Therapy Lawful Gambling -Temporary Samuel Adam Petersen North Metro Chapter Of Muskies, Inc. Lawful Gambling -Temporary Fridley Historical Society Liquor , On Sale, Temporary For April 26, 2008 Auction Totino-Grace High School Totino-Grace High School Police Department Police Department Police Department Police Department Police Department Liquor, On Sale, Temporary Totino-Grace High School Police Department For November 22 ,2008 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 January 22, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Public Hearing for Text Amendment Request, TA #07-02, CMV Properties for Camp Bow Wow M-08-02 INTRODUCTION The petitioner, Ms. Vogtlin, 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. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. 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. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining 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 purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." 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 the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. PLANNING COMMISSION RECOMMENDATION At the December 19, 2007, Planning Commission meeting, a public hearing was held for TA #07-02. After a brief discussion, the Planning Commission recommended approval of TA #07- 02. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. City of Fridley Land Use Application TA #07-02 & SP #07-12 December 19, 2007 GENERAL INFORMATION Applicant: CMV Properties LLC Constance Vogtlin 21401 Ibis Street NW Cedar M N 55011 Requested Action: Text Amendment to add "dog day/overnight boarding facility" as a special use permit in the S-3, zoning district. Special Use Permit to allow a"dog day/overnight boarding facility" in the S- 3, zoning district. Existing Zoning: S-3 (Heavy Industrial Onaway Addition) Location: 7875 Beech Street Size: 22,630 sq. ft. .52 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning History: 1911 — Lot is platted. 1972 — Building is constructed. 1991 — Loading dock constructed. Legal Description of Property: Lots 16, 17, 18, and 19, Block 2, Onaway. Public Utilities: Building is connected. Transportation: The property is accessed by Beech Street and the alley off of 79th Avenue, between Beech Street and Elm Street. Physical Characteristics: Property consists of a building, hardsurface parking and dock area, with minimal landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Ms. Vogtlin, is seeking a text amendment to add language to the S-3, Heavy Industrial Onaway Addition zoning district; that would allow a dog day/overnight boarding facility by a special use permit. In addition, Ms. Vogtlin is also seeking a special use permit to allow a"dog day/overnight boarding facility in the S-3, Heavy Industrial Onaway Addition zoning district, located at 7875 Beech Street. SU M MARY OF ANALYSIS City Staff recommends approval of the text amendment and the special use permit, with stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 7, 2008 60 Day — January 14, 2008 �� x x� (Subject Property) Staff Report Prepared by: Stacy Stromberg TA #07-02 and SP #07-12 REQUESTS The petitioner, Ms. Vogtlin, 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. SITE DESCRIPTION The subject property is located on the corner � � of Beech Street and 79th Avenue and is zoned S-3, Heavy Industrial Onaway Addition. The properties to the west, south ° and east are also zoned S-3, Heavy ; Industrial Onaway Addition and the � properties to the north are zoned M-2, Heavy � Industrial. The subject property is .48 acres �� "�?'� and was developed in 1972, with the construction of the 7,700 square foot building. In 1991, a variance was granted to allow the loading dock area to be � constructed in the front yard. In 1998, the � � � City created a new zoning district for � � � industrial lots below one and a half acres in � � size, with special attention to the Onaway � �'a Addition. The creation of this zoning district � � allowed lots in the Onaway Addition to come � into compliance with the code as it recognized the small lot sizes. The property can be accessed by Beech Street and 79th Avenue as well as the alley located behind the property. PROPOSED USE The petitioner states in their narrative that they are proposing to operate Camp Bow Wow (CBV� from the subject property, which is a boarding facility that offers a fun and safe environment for dogs. CBW 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. Webcams are placed throughout the facility so that owners can monitor their pets through an internet connection to the CBW website. The hours of operation will be Monday — Friday 6:30 a.m. to 7:30 p.m. and Saturday, Sundays, and Holidays 7:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 7:00 p.m. for pick-up only. The petitioner has stated that the facility isn't typically staffed at night. CBW has staffed other facilities at night but has abandoned the practice nationally because they found that the dogs were aware that staff was present and then would not sleep. According to the petitioner, CBW is the first and only national franchise in the dog daycare and boarding industry, with 48 facilities currently operating across the county and over 80 more scheduled to open nationwide by 2008. CBW 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 regarding there facilities. 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. As the petitioner has stated, this business answers an emergent need in the fast growing $40 billion per year pet industry. Based on staff's tour of the facility, it seems that they are doing a very good job at providing this service. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. 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. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining 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 purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." 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 the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. 2 minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. SPECIAL USE PERMIT REVIEW Contingent upon the approval of the text amendment to allow a"day day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition; the 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 petitioner plans to re-design 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 ft. by 110 ft. outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow the petitioner 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. The building currently has three overhead doors on the front elevation facing Beech Street. The petitioner plans to enclose two of the doors and install a window within one of them. Along with enclosing two of the overhead garage doors and installing some windows, the petitioner also plans to do some paint work and install new signage to enhance the exterior of the building. As part of the approval of the special use permit, the petitioner needs to meet the conditions set forth in the proposed ordinance language. Staff has determined that the petitioner's request meets the standards that are noted below: ■ The proposed business is located over 500 ft. from any residential property, see attached map. ■ The petitioner proposes to construct an 8 ft. solid vinyl fence to enclose the outdoor play area. ■ The petitioner will keep all dogs indoor during the overnight boarding. Staff also reviewed the site to ensure that parking demands will be met as well as the need for additional landscaping. The petitioner has stated that they anticipate a maximum of 5 employees on staff each day. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. The petitioner is proposing to install 13 stalls and proofing an additional 5 stalls if the need were ever warranted. The � 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. The petitioner has submitted a plan that shows the installation of 7 new trees and shrubbery or perennials to be planted along the front of the building. The new landscaping combined with the re-working of the parking area will be a nice improvement to this site as well as the neighborhood. Noise The petitioner recognizes that the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, the proposed location is a free-standing building so interior noise will not be an issue. The petitioner also states that external noise has not been an issue with other CBW locations. The 8 ft. high solid vinyl fence is a key element to sound abatement. The dogs are kept inside, with only brief, monitored time periods outside. CBW has noted that they hire staff that is well trained in animal behavior and who constantly monitor the dogs inside and outside. They specialize is training techniques to keep barking to an absolute minimum. If necessary, overly disruptive dogs will be placed in a kennel and the owner will be called to pick them up. The City's Animal Control ordinance deems any animal that barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof a nuisance. If noise were to become a concern for a neighboring property owner, staff will monitor the property for violations of the animal control ordinance and handle them accordingly. Odor/Waste Disposal The petitioner has stated that the clientele that is 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. CBW provides all franchisees with set cleaning schedules and evaluations are conducted year round to insure proper maintenance of the facility. The CBW waste removal routine includes constant play area clean-up and disposal into a lined galvanized steel trash can with a lid. A typical CBW produces approximately one large garbage bag of waste each day, with is placed in the dumpster which will located in the rear of the building, near play area #3. Drainaqe 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. The 4 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. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this text amendment request, subject to stipulations. ■ Dog Day/Overnight boarding use will be allowed by a special use permit. Any impacts of the business will be mitigated through stipulations. City Staff a/so recommends approval of the special use permit request, subject to stipulations. STIPULATIONS Staff recommends that if the text amendment and special use permit are granted, 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. � � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 January 22, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading of an Ordinance for a Text Amendment Request, TA #07-02, CMV Properties for Camp Bow Wow M-08-02 INTRODUCTION The petitioner, Ms. Vogtlin, 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. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. 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. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining 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 purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." 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 the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. PLANNING COMMISSION RECOMMENDATION At the December 19, 2007, Planning Commission meeting, a public hearing was held for TA #07-02. After a brief discussion, the Planning Commission recommended approval of TA #07- 02. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council hold the first reading on the attached ordinance to allow a dog day/overnight boarding facility as a special use in the S-3, Heavy Industrial Onaway zoning district. Ordinance No. AN ORDINANCE AMENDING CHAPTER 205, SECTION 205.25 RELATED TO ALLOWING A"DOG DAY/OVERNIGHT BOARDING" USE BY A SPECIAL USE PERMIT 1N THE S-3, HEAVY INDUSTRIAL ONAWAY ADDITION The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to allowing a"dog day/overnight boarding" use by a special use permit in the S-3, Heavy Industrial Onaway Addition be amended as follows: SECTION 1. That Section 205.25 be hereby amended as follows: 205.25 S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT REGULATIONS 4. USES PERMITTED C. Uses Permitted With a Special Use Permit (14) Do� Dav/Overni�ht Boardin F� acilitv, provided the followin� conditions are met in order to eliminate anv ne�ative impacts caused bv noise or odor: � The do� day/overni�ht boardin� business is located at least five hundred 500) feet from anv residential propertv line. � An 8 foot solid fence is constructed to enclose anv outdoor plav area. � Do�s are kept indoors for overni�ht boarding. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2008 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: � � �ffY �F FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 28, 2008 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation January 24, 2008 Centerpoint Energy Easements for Natural Gas Pipeline 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. The attached letter from ProSource Technologies provides some additional details on the easements being requested by CenterPoint Energy. Temporary easements for construction purposes and permanent easements for the new pipeline are part of this easement request. The City would be compensated in the amount of $35,592 for the easements in Springbrook Nature Center, Fridley Community Park, Edgewater Gardens Park and City property identified as parcel 102. The Parks and Recreation Commission reviewed the park easement requests at its January 7, 2008 meeting and passed a motion supporting the approval of the easements within the City parks contingent upon working out all details of Exhibit C to the satisfaction of City staff. I have reviewed the easement requests and related documents 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. It is my recommendation that the City Council approve the attached resolution and easement agreement with CenterPoint Energy. RESOLUTION NO. 2008 - RESOLUTION GRANTING GAS PIPELINE EASEMENTS FROM THE CITY OF FRIDLEY, MINNESOTA, TO CENTERPOINT ENERGY RESOURCES CORP., DB/A CENTERPOINT ENERGY MINNESOTA GAS (CENTERPOINT ENERGY) WHEREAS, Xcel Energy's Riverside electric generating facility located on the east shore of the Mississippi River in NE Minneapolis is being converted from coal to natural gas as part of the Minnesota Metro Emissions Reduction Project (MERP) that is intended to reduce air emissions in the Twin Cities area; and WHEREAS, CenterPoint Energy was chosen to provide natural gas service to Xcel Energy's Riverside plant, which requires the installation of a 16.7 mile natural gas pipeline through the cities of Andover, Coon Rapids, Fridley, and Minneapolis; and WHEREAS, CenterPoint Energy has received a Routing Permit from the Minnesota Public Utilities Commission to build the gas pipeline; and WHEREAS, the approved pipeline route was chosen because of its use of an existing utility corridor, and other important factors such as minimizing impact to public and private property, the environment, and e�sting infrastructure; and WHEREAS, portions of the approved pipeline route traverse across land owned by the City of Fridley. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: The City of Fridley, in consideration of $35,592.00, does hereby grant permanent and temporary easements for natural gas pipeline purposes to CenterPoint Energy, per the terms of the easement documents, attached hereto, on land owned by the City of Fridley as depicted on said easement documents. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2008. ROBERT L. BARNETTE — MAYOR PRO TEM ATTEST: DEBRA A. SKOGEN - CITY CLERK PIPELINE EASEMENT THIS EASEMENT made , 2008, by and between City of Fridley, a Minnesota municipal corporation, County of Anoka, State of Minnesota, ("GRANTOR"), and CenterPoint Energy Resources Corp., a Delaware corporation, doing business in Minnesota as CenterPoint Energy Minnesota Gas, ("GRANTEE"). 1. GRANTOR warrants it is the owner of that certain real property legally described on Exhibits A and B attached hereto and incorporated herein by reference ("GRANTOR'S Property"), in Anoka County, Minnesota and has the right, without title restriction, to execute and deliver this instrument. 2. GRANTOR, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged, grants to GRANTEE, its successors and assigns, forever, a perpetual, easement at all times to lay, construct, inspect, survey, protect, operate, maintain, alter, repair, abandon, relocate, replace, substitute and remove gas transmission or distribution pipelines or pipeline facilities ("gas facilities") and appurtenances thereto in, under, upon, and across the property legally described on Exhibit A (the "Premises"). The Premises are as shown on the drawing attached hereto as Exhibit B and incorporated herein by reference. GRANTOR also grants to GRANTEE the right of GRANTEE to ingress and egress to and from GRANTOR'S Property and the rights of surveying and lateral and subjacent support, together with the privilege of temporarily placing tools, equipment, material and dirt on GRANTOR'S Property for the above listed purposes. GRANTEE also shall have the right to place signs and markers on the Premises as required by law, or in GRANTEE'S judgment, to protect the public interest or property owner or to notify them of GRANTEE'S easement or gas facilities. 3. GRANTOR will not interfere with and will not perform or undertake any activity that could damage or restrict GRANTEE'S use or operation of its gas facilities or GRANTEE'S easement rights. GRANTOR further agrees that it will comply with GRANTEE'S Requirements for Construction and/or Encroachment Wthin CNP's Gas Pipeline Easement attached as Exhibit C and incorporated herein by reference ("Requirements"). If GRANTOR fails to comply with said Requirements, GRANTEE may remove any encroachments of GRANTOR on GRANTEE's easement and GRANTOR will be responsible for bearing the cost of any such removal. GRANTEE 1 also has the right to clear and keep the Premises cleared of trees, roots, brush, or other encroachments or obstructions on the surface, sub-surface and over the Premises required by law or needed in GRANTEE'S judgment. 4. GRANTOR agrees to indemnify and hold harmless GRANTEE from and against any loss or damage arising out of or related to the construction of buildings (i) within the easement, or (ii) within any government-mandated "setback" or "buffer" from the boundaries of the easement. GRANTOR also agrees that (i) other future utilities will not be located within the easement without GRANTEE'S advance written consent. 5. GRANTEE will exercise due care and diligence to avoid injury or damage to GRANTOR'S non-encroaching buildings, encroachments pre-approved by GRANTEE, and other non- encroaching or permitted personal property. GRANTEE indemnifies GRANTOR from any such damage or loss arising or occurring to such property solely by reason of the operation, maintenance, relocation, replacement, substitution or removal of GRANTEE'S gas facilities. 6. If GRANTEE discontinues use of its gas facilities at any time, GRANTEE has the right, but not the duty, to enter upon the Premises and remove all or any portion of its gas facilities and appurtenances. 7. GRANTEE may exercise the rights conveyed herein from time to time as may be necessary and convenient, and GRANTEE'S failure to exercise said rights will not limit or extinguish said rights. GRANTEE'S rights can only be extinguished or modified by a written instrument executed by GRANTEE and filed of record in the county and state aforesaid. 8. The terms and provisions of this instrument run with the land and extend to and are binding upon GRANTOR and GRANTOR'S heirs, legal representatives, successors, and assigns. GRANTEE may assign or lease this Easement in whole or in part. (REMAINDER OF PAGE LEFT BLANK INTENTIONALLY) � GRANTOR: City of Fridley : Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by the of the City of Fridley, on behalf of said City. Notary Public GRANTEE: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas By: Tracy B. Bridge, Regional Vice President, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by Tracy B. Bridge, Regional Vice President, Minnesota, of CenterPoint Energy Resources Corp., a Delaware corporation, doing business in Minnesota as CenterPoint Energy Minnesota Gas. ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steven Von Bargen Right of Way Administrator CenterPoint Energy P.O. Box 1165 Minneapolis, MN 55440-1165 Notary Public THIS INSTRUMENT WAS DRAFTED BY: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas 800 LaSalle Avenue, 14th Floor, Minneapolis, MN 55402 3 "EXHIBIT A" Springbrook Nature Center- Parcel Nos. 84 and 85 Legal Descriution of GRANTOR'S Prouertv The fractional Northwest Quarter of the Northeast Quarter (NW 1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24), except that part lying Southwesterly of a line parallel with and distant 50 feet Southeasterly measured at right angles, from the center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and construction and except that part of the fractional Northwest Quarter of the Northeast Quarter (NW 1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24) lying between two lines parallel with and distant, respectively, 50 feet Easterly and 50 feet Westerly measured at right angles from the center line of main track of the Railway of the St. Paul, Minneapolis, and Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed, excepting and excluding therefrom those portions of said land conveyed by said St. Paul, Minneapolis & Manitoba Railway Company to Northern Pacific Railroad Company by instrument dated April 12, 1883, said instrument was filed for record in the office of the Secretary of State for the State of Minnesota on Apri130, 1883 and duly recorded in Book "1 of St. P.M. & M Ry." record page 245 and following, and except the East 70 feet thereof. Said center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed is described as follows: Beginning at a point in the South line of said Section 3, distant 1010 feet West, measured along said South line from the Southeast corner of said Section 3, thence Northwesterly in a straight line through a point in the North line of said Section 3, distant 780 feet West, measured along said North line, from the South Quarter corner of Section 36, Township 31, North, Range 24 West, Fourth Principal Meridian for 6800 feet to the end of this description. . � The fractional Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24), except that party lying Southwesterly of a line parallel with and distant 50 feet Southwesterly, measured at right angles, from said centerline of main track as originally located and constructed, and except that part of the fractional Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24) lying between two lines parallel with and distant, respectively, 50 feet Easterly and 50 feet Westerly, measured at right angles from the center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed, excepting and excluding therefrom those portions of said lands conveyed by said St. Paul, Minneapolis & Manitoba Railway Company to Northern Pacific Railroad Company by instrument dated April 12, 1883, said instrument was filed for record in the office of the Secretary of State for the State of Minnesota on Apri130, 1883 and duly recorded 4 in Book "1 of St. P. M. & M. Ry." record page 245 and following. Said center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed is described as follows: Beginning at a point in the South line of said Section 3, distant 1010 feet West, measured along said South line from the Southeast corner of said Section 3, thence Northwesterly in a straight line through a point in the North line of said Section 3, distant 760 feet West, measured along said North line, from the South Quarter corner of Section 36, Township 31 North, Range 24 West, Fourth Principal Meridian for 6800 feet to the end of this description. AND ALSO The Northerly 135 feet of that part of the Southwest Quarter of the Northeast Quarter (SW1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24) which lies East of the Railroad right of way, Anoka County, Minnesota Legal Descriution of GRANTOR'S Temuorarv easement An easement for Temporary Workspace purposes and adjoining the permanent easement, and as shown on Exhibit B. Said easement area containing 0.40 acres, more or less, and said Temporary Workspace easement shall expire on December 31, 2008. Fridley Community Park-Parcel Nos. 110 and 111 Legal Descriution of GRANTOR'S Prouertv Tracts A and B, Registered Land Survey No. 74, files of the Registrar of Titles of Anoka County, Minnesota. Legal Descriution of GRANTOR'S Premises A permanent easement, which lies easterly of the westerly 50 feet and westerly of a line parallel and 25 feet easterly of the following described line: Beginning at a point on the north line of Tract B, being 51.06 feet east of the northwest corner of said Tract B; thence S 2° 37' 16" E, a distance of 45.1 feet; thence S 42° 22' 44" E, a distance of 77.97 feet and there terminating. Legal Descriution of GRANTOR'S Temuorarv easement A easement for Temporary Workspace purposes and adjoining the above described permanent easement, and as shown on Exhibit B. Said easement area containing 0.16 acres, more or less, and said Temporary Workspace easement shall expire on December 31, 2008. Edgewater Gardens Park- Parcel No. 117.2 Legal Descriution of GRANTOR'S Prouertv 5 Lots 3 and 4, Block 6, Edgewater Gardens, Anoka County Minnesota. Legal Descriution of GRANTOR'S Premises A permanent easement 50 feet in width, which lies 25 feet on both sides of the following described line: Commencing at a point on the south line of said Block 6, being 37.5 feet easterly of the southwest corner of the property, thence N 0° 1' S9" E, a distance of 50.9 feet; thence N 83° 50' 15" E, a distance of 121.9 feet, more or less, to a point on the centerline of the abutting Ashton Avenue and there terminating. . Legal Descriution of GRANTOR'S Temuorarv easement An easement for Temporary Workspace purposes and adjoining the above described permanent easement, and as shown on Exhibit B. Said easement area containing 0.07 acres, more or less, and said Temporary Workspace easement shall expire on the latter of December 31, 2008, or 30 days following the completion of restoration on the properry. Parcel 102 Legal Descriution of GRANTOR'S Prouertv Lots 3 and 4, Block 4, Commerce Park, Anoka County, Minnesota, described as: Beginning at the Northwest corner of said Lot 3; Thence easterly along the north line of said Lot 3, a distance of 205.00 feet; Thence southerly to a point on the south line of said Lot 3, located 125.00 feet East of the Southwest corner of said Lot 3; Thence westerly along the south line of said Lot 3, a distance of 110.00 feet; Thence southerly, along a line parallel to the west line of said Lot 4, to the south line of said Lot 4; Thence westerly to the Southwest corner of said Lot 4; Thence northerly, along the west line of said Lots 4 and 3, respectively, to the point of beginning Legal Descriution of GRANTOR'S Premises A permanent easement over, under and across that the easterly 20 feet of the westerly 50 feet of that part of Lots 3 and 4, Block 4, Commerce Park, Anoka County, Minnesota, described as: Beginning at the Northwest corner of said Lot 3; Thence easterly along the north line of said Lot 3, a distance of 205.00 feet; Thence southerly to a point on the south line of said Lot 3, located 125.00 feet East of the Southwest corner of said Lot 3; Thence westerly along the south line of said Lot 3, a distance of 110.00 feet; Thence southerly, along a line parallel to the west line of said Lot 4, to the south line of said Lot 4; Thence westerly to the Southwest corner of said Lot 4; Thence northerly, along the west line of said Lots 4 and 3, respectively, to the point of beginning. Legal Descriution of GRANTOR'S Temuorarv easement An Easement for Temporary Workspace purposes and adjoining the above described permanent easement, and as shown on Exhibit B. Said easement area containing 0.23 acres, more or less, and said Temporary Workspace easement shall expire on December 31, 2008. . 10 11 EXHIBIT C REQUIREMENTS FOR CONSTRUCTION/ENCROACHMENT WITHIN CENTERPOINT ENERGY'S GAS PIPELINE EASEMENT 1. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy" ), must inspect the area, review construction plans, and CenterPoint Energy Engineering must approve, in writing, all final construction plans prior to the start of construction. After CenterPoint Energy approves the final construction plans, the owner, developer, or contractor ("You", "Your") will notify CenterPoint Energy at least five (5) working days prior to construction when excavations will occur to allow CenterPoint Energy time to plan for your construction including, but not limited to, a site meeting if necessary. This is in addition to your obligation to call the Minnesota Gopher State One Call system. You are also responsible for exposing and backfilling the Pipeline and for determining the actual elevation of any in-place Pipelines. When You excavate to expose the Pipeline, CenterPoint Energy must be present. You must have grading and utility plans, bearing CenterPoint Energy's approval, on-site and available for review by CenterPoint Energy at all times during construction. 2. Actions Requirinq CenterPoint Enerqv's Enqineer or Riqht-of-Wav Administrator's Pre-Approval. CenterPoint Energy must pre-approve the installation of encroachments such as parking lots; perpendicular driveways; or roads of concrete, asphalt, or similar materials, and said roads must be limited in width to minimize interference with and allow access to the Pipeline. Additionally, the installation of encroachments such as retaining walls, fences, etc. also require CenterPoint Energy's pre-approval. Any and all encroachments previously approved by CenterPoint Energy are always temporary and if CenterPoint Energy removes or damages them, You will not be reimbursed. CenterPoint Energy may or may not give you the opportunity to remove said encroachments prior to their removal by CenterPoint Energy. CenterPoint Energy pre-approved fences crossing the easement must have two ten-foot-wide (10') gates centered over the Pipeline, and any CenterPoint Energy pre-approved fences parallel with the Pipeline must be at least ten feet (10') from the Pipeline. No fence posts are allowed within ten feet (10') on each side of the Pipeline. Blasting is only allowed a safe distance outside of the easement and requires CenterPoint Energy's Explosive Use Application and executed Blasting Agreement prior to blasting. CenterPoint Energy must pre-approve any fill within the easement, it must be free of rock or other deleterious material, and must be compacted to ninety-five percent (95%) Standard Procter. 3. You will not interfere with and will not perform or undertake and any activity, nor will You allow others to do so, that could damage or restrict CenterPoint Energy's use or operation of its gas facilities or CenterPoint Energy's easement rights. CenterPoint Energy's Pipeline must be fully accessible at all times before, during, and after construction. Any fill covering the Pipeline will be at least three (3') feet, but no more than five (5') feet thick unless otherwise permitted by CenterPoint Energy. A level area of not less than six (6) feet on each side of the Pipeline must be maintained at all times. Slope beyond six (6') feet from the Pipeline will not be steeper than four-to-one (4-to-1), unless otherwise agreed. Any cut or fill within the four-to-one (4-to-1) slope area, will increase the width of the level area on each side of the Pipeline by that same footage. Any equipment movement over the Pipeline must cross only at an angle greater than forty-five (45°) degrees to the Pipeline and must be on a temporarily constructed road composed of well-graded and compacted gravel, three (3') feet thick, for a minimum of ten (10') feet on each side of the Pipeline, or as approved in writing by CenterPoint Energy Engineering. 4.Encroachments, including but not limited to permanent or enclosed structures, signs, decks, tennis courts, and swimming pools, are not allowed under any circumstances within CenterPoint Energy's easement. CenterPoint Energy can remove any encroachments on its easement and You will be responsible for bearing the cost of said removal. 5. Any buried utility line across an in-place Pipeline must be installed below the Pipeline with no less than one (1) foot of vertical separation, padded with well-compacted ninety-five percent (95%) Standard Procter fill and must cross at an angle between forty-five degrees (45°) and ninety degrees (90°) from the Pipeline unless otherwise permitted with written approval from CenterPoint Energy. 6. Only grass is permitted over and within ten (10') feet on each side of the Pipeline. Beyond ten (10') feet on each side of the Pipeline, plantings are restricted to, and cannot exceed, a final growth height of six (6') feet. Trees cannot be planted or remain within the easement per Federal Department of Transportation regulations. You, Your successors and assigns, will not plant any trees or other non- compliant plantings within the easement. If CenterPoint Energy discovers and removes any non- compliant plantings, brush, or trees from the easement, they will not be replaced nor will You, Your successor or assigns, be reimbursed for the plantings, brush, or trees removed. You will not remove any markers required by the Federal Department of Transportation typically found at road crossings, at property lines, at changes in direction, and intermittently along the Pipeline. If you have any questions call 612.321.5426 or 612.321.5381. August 22, 2007 � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 28, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS