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02/11/2008 - 6151� � . , _ � °- . CITY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2008 7:30 p.m. - City Council Chambers Attendance Sheet PLFASF PR/NT NAMF, AUaRFSS AN� /i'FM NUMSFR YaU AR� /N1'FR�ST�'D /N. Print Name (Clearly) Address Item No. ��--1- �h �-�� -�,Y�� I'�Z-c� T0� �vY 't- �1 � g � �. � s z � � -f� �e i� r=� G �., �� (� � �� i l � r` S .S`�� ✓ [ � Z �� v �' � '� �, -�+�- ��z s ., � . .. � , �" , :. �%�C �'' ' � , ti =�.. r `1'�7 , J. ��2.. t� � T �=^� '_ �-I � 1 � , ST v..� � 1 �- . - w FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2008 �r •� -� � pTY OF FRIDLEY 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. �, � U APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1 City Council Meeting of January 28, 2008 �,� Y`�� P�' � .� y �,��'�� OLD BUSINESS: � Second 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) (Ward 3) ................................... 1 - 19 � �� . i �,� � NEW BUSINESS: �. Special Use Permit Request, SP #07-12, ,1(�+° by CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog/Day Overnight Board Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward�3 .. .. ..... 20 — 27 �J� � �� I�- � a\ �� Q•�� 3. Receive the Minutes from the Planning Commission Meeting of January 16, 2008 .................. ................ 28 - 37 , �✓ r � � �� ,� �X� M�,1 � :� � v� `; �, � 4. Approve Extension of Variance'Request, VAR #06-01, by RSP Architects, for Totino-Grace High School, to Increase the Height of a Portion of the Totino-Grace High School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N.E. (Ward 2) .................................. 38 - 39 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 2008 Neighborhood Street Improvement Project No. ST 2008-01 ................................... 40 - 43 � �� ►� 6. Claims ................................... 44 7. Licenses ................................... 45 ��- � ADOPTION OF AGENDA. "" � 5�� OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes �� `7: NZ t�(��A?�� ' PUBLIC HEARING: ,� �Jcu r� l�s-.e'n�- 8. Consideration of an On-Sale Intoxicating Liquor License for Sandee's Sports Bar and Grill, LLC, Located at 6490 Central Avenue N.E. (Ward 2) ................................... 46 - 55 � L�-�vCvv`,r.`�" u j z�� : �lin-�� v:�'u C' '�:Si ��/%�"�'��"`��,1� NEW BUSINESS: 9. Receive Public Comments and Authorize Staff to Distribute the Draft 2030 Comprehensive Plan for the City of Fridley to Other Jurisdictions ................................... 56 �f�;t� ,,�.`s�� `� � � �� ik 1titi�'S � � � ' �,�-� �-t;�-�' 10. Informal Status Reports ........................ 57 ��. � � ADJOURN. �+5/�� CffY OF FRIaLEi' CITY COUNCIL MEETING OF FEBRUARY 11, 2008 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 28, 2008 OLD BUSINESS: Second 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) (Ward 3) ................................................. NEW BUSINESS: 2. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog/Day Overnight Board Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N. E. (Ward 3) ....................................................................... 1 -19 20 - 27 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Receive the Minutes from the Planning Commission Meeting of January 16, 2008 ................................................. 28 - 37 4. Approve Extension of Variance Request, VAR #06-01, by RSP Architects, for Totino-Grace High School, to Increase the Height of a Portion of the Totino-Grace High School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N. E. (Ward 2) .............................................................................................. 38 - 39 5. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 2008 Neighborhood Street Improvement Project No. ST 2008-01 ........................................................ 40 - 43 6. Claims ................................................................................................... 44 7. Licenses ................................................................................................... 45 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2008 PAGE 3 PUBLIC HEARING: 8. Consideration of an On-Sale Intoxicating Liquor License for Sandee's Sports Bar and Grill, LLC, Located at 6490 Central Avenue N.E. (Ward 2) ................................................................................................... 46 - 55 NEW BUSINESS: 9. Receive Public Comments and Authorize Staff to Distribute the Draft 2030 Comprehensive Plan for the City of Fridley to Other Jurisdictions .................................................. 56 10. Informal Status Reports .................................................................................. 57 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 28, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom MEMBER ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney 7ack Kirk, Director of Park and Recreation APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of January 7, 2008. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 19, 2007. RECEIVED. 2. Special Use Permit Request, SP #08-01, by Sprint PCS, to Allow the Construction of a 125-Foot Telecommunications Tower in an M-3, Heavy Industrial, Outdoor Intensive Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3) William Burns, City Manager, stated that Sprint wishes to construct a 125' telecommunications tower and establish a 20' x 30' equipment space on property owned by Greg Dahlke at 8170 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 2 Hickory Street. The proposed tower would include three new and nine future antennas as well as six new and fifteen future coaxial cables. The future antennas and coaxial cables would accommodate at least two additional wireless carriers. Dr. Burns stated staff and the petitioner have disagreed over the location of the tower. Staff proposes that the tower be located on the extreme north side of the site. The petitioner asks that they be allowed to locate the tower north of their building and just west of the parking lot. After considerable debate, the Planning Commission voted 4 to 2 to support the petitioner. In view of the controversial nature of this issue, staff recommends that Council pull this item from the consent agenda and discuss it under regular business. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka William Burns, City Manager, stated that this is an annual renewal of the agreement whereby the City receives SCORE funding from Anoka County. Staff has found no substantive changes from the 2007 agreement. It does provide for $66,316.96 in 2008 SCORE funding. This compares with our 2007 allocation of $63,000.50. Staff recommends Council's approval. APPROVED. 4. Appointment — City Employee. William Burns, City Manager, recommended the appointment of Kenneth Small to the position of Public Services Worker — Streets. Ken has worked as a Public Services Worker — Sewer for the last seven years. At his request, we are recommending a lateral transfer from the Sewer Division to the Streets Division of the Public Works Department. APPROVED THE APPOINTMENT OF KENNETH SMALL TO THE POSITION OF PUBLIC SERVICES WORKER — STREETS. 5. Claims (135124 —135412). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked that Item No. 2 be removed and placed on the regular agenda. Councilmember Bolkcom asked for the second sentence on page ten of the Planning Commission minutes to be changed from annual to annually. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 3 MOTION by Councilmember Bolkcom to approve the Consent Agenda as presented with the removal of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE PRESENT. PUBLIC HEARING: 7. Consideration of a Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, to Add Language that would Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Scott Hickok, Community Development Director, stated the petitioner, Connie Vogtlin of CMV Properties, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a"dog day/overnight boarding facility" which will be located at 7875 Beech Street. Mr. Hickok stated the subject property is located on the corner of Beech Street and 79th Avenue and is zoned S-3, Heavy Industrial Onaway Addition. The subject property is .48 acres and was developed in 1972, with the construction of a 7,700 square foot building. Mr. Hickok stated petitioner is proposing to operate Camp Bow Wow from the subject property, which is a boarding facility that offers a fun and safe environment for dogs. Camp Bow Wow offers both daycare services to customers who wish to drop off their dogs for the day, and overnight boarding for customers who drop off their dogs before traveling. Camp Bow Wow FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 4 currently has a facility in Burnsville and in Plymouth. The Burnsville facility opened in September of 2006 and the Plymouth facility opened in November of 2007. Both the Burnsville and Plymouth facilities are located in multi-tenant industrial developments. Staff has contacted the City of Burnsville and the City of Plymouth and neither of them have received any complaints. City staff had the opportunity to tour the Plymouth Camp Bow Wow and was very impressed with the overall professional appearance and cleanliness of the facility. Mr. Hickok said that the City currently does not allow this use in any of the zoning districts within the City. The City Code allows veterinary clinics, animal hospital, public kennels, and obedience school and training services in the C-2, General Business, and C-3, General Shopping, zoning districts by a special use permit. The Future Land Use Map in the City's Comprehensive Plan guides the 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. Mr. Hickok said that it is important to consider if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other permitted or special uses allowed within the district. The S-3 district was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." Mr. Hickok stated staff finds that a dog daycare and overnight boarding use would be consistent with the purpose and intent of the S-3 zoning district, provided specific concerns related to the use are addressed. Staff has drafted an ordinance that would allow a dog daycare and overnight boarding facility contingent upon approval of a special use permit provided that the following conditions are met: • The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. • An 8-foot solid fence is constructed to enclose any outdoor play areas. • Dogs are kept indoors for overnight boarding. Mr. Hickok stated that Staff has determined these conditions are necessary for the proposed use to meet the purpose and intent of the Comprehensive Plan and zoning ordinance. Staff has determined that the petitioner's request meets the conditions set forth: • The proposed business is located over 500 feet from any residential property. • The petitioner proposes to construct an 8 foot solid vinyl fence to enclose the outdoor play area. • The petitioner will keep all dogs indoors during the overnight boarding. Mr. Hickok said if the text amendment is approved, petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. The existing property is 22,630 square feet (.52 acres) and the existing building is 7,700 square feet. The building currently has three overhead doors facing Beech Street. Petitioner plans to enclose two of the FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 5 doors and install a window within one of them and to do some paint work and install new signage to enhance the exterior of the building. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. Petitioner is proposing to install 13 stalls and proof an additional 5 stalls if the need were ever warranted. Petitioner plans to remove the existing loading dock area in the front yard in order to make room for the parking stalls and additional landscaping. Petitioner has submitted a plan that shows seven new trees and shrubbery or perennials to be planted along the front of the building. Mr. Hickok stated petitioner recognizes that the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, this is a free-standing building so interior noise will not be an issue. Petitioner states that external noise has not been an issue with other Camp Bow Wow locations. The 8-foot high solid vinyl fence is a key element to sound abatement. The dogs are kept inside, with only brief, monitored time periods outside. They hire staff who are well trained in animal behavior and who constantly monitor the dogs inside and outside. If necessary, overly disruptive dogs will be placed in a kennel and the owner will be called to pick them up. The City's noise ordinance also protects the City from any potential noise problems. Mr. Hickok said the petitioner has stated that the clientele targeted for their type of business is very selective, which requires their facility to remain spotless. They use specialized bio-gradable cleaners and disinfectants, which are the same products used in hospitals and childcare centers. Camp Bow Wow provides all franchisees with set cleaning schedules and evaluations are conducted year-round to insure proper maintenance of the facility. The Camp Bow Wow waste removal routine includes constant play area clean-up and disposal into a lined galvanized steel trash can with a lid. A typical Camp Bow Wow produces approximately one large garbage bag of waste each day, which is placed in the dumpster which is located in the rear of the building near play area number three. Mr. Hickok stated that the petitioner has articulated to staff that the dogs are typically let outside into the play area to relieve themselves, so as to not create confusion for the dog. It's CBW policy to place 4 inches of level pea gravel in the outdoor play areas, which is specifically designed for dogs. The gravel material allows for easy clean up, prevents digging, and is safe for the dogs to ingest. Staff has determined that it is in the City's best interest to have the petitioner remove the existing asphalt surface to construct the exterior play area. Four inches of pea gravel would then be placed on top of the ground, which will prevent the urine from running off into the storm sewer and will instead allow it to seep into the ground to be treated. Mr. Hickok said that City staff has not heard anything from neighboring property owners. A public hearing was held at the December 19, 2007, Planning Commission meeting for Text Amendment, TA #07-02. After a brief discussion, the text amendment was unanimously approved. Staff recommends approval of this text amendment request, subject to seven stipulations. Dog day/overnight boarding use will be allowed by a special use permit. Any impacts of the business will be mitigated through stipulations. Staff also recommends approval of the special use permit request, subj ect to stipulations. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 6 Mr. Hickok stated that Staff recommends that if the text amendment and special use permit are approved, the following stipulations be attached: 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. Mr. Hickok stated that the petitioner plans to redesign the interior space of the building to include a lobby, reception area, office, utility/storage rooms, a lounge, a dog interview room, 58 kennels, and 3 indoor play areas. They are also proposing to have a 20' x 110' outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow them to divide the dogs by size and behavior. The outdoor play areas would be connected by doors to three additional play areas inside the building. Councilmember Bolkcom asked if the te�t amendment only applies to the S-3 Onaway District. Mr. Hickok answered that is correct. Councilmember Bolkcom said she was concerned about the noise. Mr. Hickok said the dogs will not be outside unsupervised. If the dogs are acting up, staff will handle the problem. Councilmember Bolkcom asked if the walls were soundproof enough to handle the noise at night so neighbors could not hear the noise outside the facility. Mr. Hickok said that music is played at night and the facility is regulated by a franchise agreement to keep the noise under control. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 7 Councilmember Bolkcom asked if the text agreement and special use permit would be reviewed annually so if issues came up regarding noise and/or smell they could be taken under consideration upon renewal. Mr. Hickok answered that is correct. Councilmember Saefke asked how far away a resident building was from the facility. Mr. Hickok said the nearest residential property was 1,200 feet west of the facility. Councilmember Saefke asked if the industries in the area worked more than one shift. Mr. Hickok answered that there is a woodworking industry that has a second shift. Councilmember Saefke said he was concerned about the noise but if the special use permit is approved, no resident should be affected by the noise as the homes are located a ways from the facility. Councilmember Varichak asked why the facility is not staffed at night and if there were an emergency what the protocol would be to contact someone. Mr. Hickok said there is an internal policy/protocol the company is already doing and the area is tightly regulated. Councilmember Varichak asked if any type of dog is allowed or if just a certain size or type is allowed. Mr. Hickok said that any size dogs and types are allowed. Mayor Pro Tem Barnette asked how long the building has been vacant. Mr. Hickok said the building has been for sale for a while. He was not sure how it had been vacant. Mayor Pro Tem said he understood that the play area was divided into three areas for small, medium and large dogs. Mr. Hickok said that is correct. Nick Netley, Camp Bow Wow Representative, said that the facility used to be staffed at night but if people are there at night, the dogs bark more. At 7:30 p.m. classical music is put on, the lights are dimmed and the dogs are given a frozen treat. This quiets the dogs down for the evening. The security system in the facility compares to a security system in a bank It is very sophisticated and will alert the Camp Bow Wow manager and owner if any emergencies occur during the evening. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 8 Mr. Netley said that regarding the type of dogs that are allowed, no pit-bulls or Staffordshire Terriers are accepted. Dog owners who wish to have their dog stay at the facility must go through an interview that takes about three hours. In the first 2'/z months the facility had over 400 clients and 30 to 40 dogs did not pass the interview. They try to keep the group small enough in order to stay in charge of the dogs. No dogs are allowed in the play area unattended. Councilmember Varichak asked why they picked Fridley for the site. Connie Vogtlin, Camp Bow Wow owner, said that this location is close to her home plus both owners work close to the facility. Councilmember Varichak asked where the nearest dog overnight facility was to this location. Mr. Hickok answered New Brighton. Councilmember Bolkcom asked about the pea gravel and filtration and if there were any studies to back up the data. Mary Jo Bailey, CMV Properties, said that she will get the studies to staff. Councilmember Bolkcom said she was concerned with the disinfectant that would be used. Ms. Bailey said that dogs perspire through their paws and any disinfectant can go into their system through their paws, so the product has to be safe for the dogs and the environment. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:03 P.M. NEW BUSINESS 8. First Reading of an Ordinance Amending Chapter 205, Section 205.25, Related to Allowing a"Dog Day/Overnight Boarding" Use by a Special Use Permit in the S-3, Heavy Industrial Onaway Addition (Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow) MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. Councilmember Bolkcom asked that the information regarding the pea gravel, filtration and disinfectant be received before the second reading. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Granting a Gas Pipeline Easements from the City of Fridley, Minnesota, to CenterPoint Energy Resource Corporation, DB/A CenterPoint Energy Minnesota Gas (CenterPoint Energy). Jack Kirk, Director of Parks and Recreation, stated that CenterPoint Energy is planning to construct and operate a natural gas pipeline to service the Riverside Power Plant in Northeast Minneapolis. They are in the process of securing easements for this pipeline along the route approved by the Minnesota Public Utilities Commission. The pipeline through Fridley generally follows the Burlington Northern Railway corridor and will require easements in several of our City parks. Construction on the pipeline is scheduled to be completed this spring and summer. Mr. Kirk said in November, 2006, CenterPoint Energy requested and received several easements in several of our parks. At that time, the engineering for the pipeline was not complete. CenterPoint has completed the route and are asking for some additional easements from the City of Fridley. Mr. Kirk said four parcels will be affected. Three of them happen to be within the park system. These involve some temporary easements as well as some permanent easements. These easement requests were brought to the Parks and Recreation Commission at their January 7, 2008, meeting. The Parks and Recreation Commission addressed the three parcels that affected the park system and had no problems with the areas of the easement, but there were some concerns at that time with Exhibit C which was attached to the agreement. The motion passed supporting the approval of the easements within the City parks contingent upon working out the details of Exhibit C to the satisfaction of City staff. Mr. Kirk said that the easement requests and related documents have been reviewed with Public Works Director Jim Kosluchar, Parks Supervisor Dave Lindquist, and Springbrook Nature Center Director Siah St. Clair. In addition, City staff has met with representatives of ProSource Technologies and CenterPoint Energy and are in agreement with the items included in the easement document. Staff recommends that the City Council approve the resolution and easement agreement with CenterPoint Energy. Councilmember Saefke had concerns with the water and sewer lines that are running in the area. He wanted to make sure there is enough space between the lines. Jim Kosluchar, Public Works Director, said they do not have specific plans at this time, but there will be a coordinated effort by all departments when the plan is drawn up. There will be a one foot vertical separation between the lines. Councilmember Bolkcom asked if the construction would affect the parks. Many residents play and live in the area and she wanted to make sure precautions were taken into consideration during construction. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 10 Mr. Kirk said there would be some disruption but they did not anticipate any adverse affect on the parks. Councilmember Bolkcom asked what the time frame would be. Mr. Kirk said the construction would take place after the ball season is over. The back two fields at Community Park will not be able to be used but that should not affect the Parks and Recreation programs. The construction will not affect any of the park trails. Councilmember Bolkcom asked what the construction time frame would be. Scott Steiner, ProSource Technologies, said construction would start on April 1, and the majority of the work would be done in April, May and June. Typically each property will take 2 to 4 weeks to complete. Councilmember Bolkcom asked how people would be notified of the construction. Mr. Steiner said a letter would be mailed out one week in advance to residents within 2 blocks of the construction site. Those directly affected would be contacted before, during and after construction. Councilmember Bolkcom said that might not be notifying all the people who use the parks or those who will be affected by the noise. Mr. Steiner said that they worked with staff and decided on a two-block area for the construction and 80 feet for the noise issue. Councilmember Bolkcom asked what the time frame was for construction on the park. Mr. Steiner said that they currently are proj ecting the middle of May for the directional drill and they would coordinate the schedule around the church's needs. Councilmember Bolkcom asked if this was the type for the project--that once it is started you need to keep going 24/7. Mr. Steiner said that 24-hour activity is not necessary. For the most part, all the work should be done within normal business hours. Councilmember Bolkcom asked how loud the noise would be. Dale Anderson, CenterPoint Energy, said there would be some noise sounding like two diesel engines. They do put up ground walls with plywood to minimize the sound. The drills would start at 7:00 a.m. and should be done before nightfall. Councilmember Bolkcom asked if staff is happy with what has been done and if anything needed to be changed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 11 Mr. Kosluchar said staff is satisfied. William Burns, City Manager, said staff has a good relationship with CenterPoint Energy. Councilmember Varichak asked if signage would be posted saying this is a natural gas line. Mr. Kirk said that signs would be put up for safety purposes. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-10. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Special Use Permit Request, SP #08-01, by Sprint PCS, to Allow the Construction of a 125 Foot Telecommunications Tower in an M-3. Heavy Industrial, Outdoor Intensive Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3) Scott Hickok, Community Development Director, stated that Mr. Stulz, with Pro Source Technologies, who is an agent for Sprint PCS, is requesting a special use permit to allow the construction of a 125-foot telecommunications tower at the industrial property, owned by Greg Dahlke, of Dahlke Trailer Sales, which is located at 8170 Hickory Street NE. The Planning Commission held a public hearing for this request on January 16, 2008. The request was approved on a 4 to 2 vote, allowing the petitioner to locate the tower in their desired location. Mr. Hickok said staff's recommendation (contrary to that of the petitioner and the Planning Commission) is that the proposed location does not follow basic site planning and the proposed location is contradictory to City code requirements. The City Code is very specific about the fact that these structures need to blend into the surrounding environment. Staff recommends Location A as the relocation area. City Code requires that all properties, no matter where they are located within the City and whoever is traveling the roads adjacent to those parcels, meet code requirements. Just because this property is on a dead end street does not allow the City to be less restrictive. MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #08-01, by Sprint PCS, with the following six stipulations: 1. Telecommunication tower to be relocated to Location A as depicted in the January 28, 2008, City Council mema (As amended.) 2. A building permit shall be obtained prior to commencement of installation of the tower or facility equipment on this site. 3. A landscape and screening plan shall be submitted and approved by City staff prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2008 PAGE 12 � 5 � The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. The facility shall be designed to discourage unauthorized entry. No signs other than warning or equipment information signs are permitted as part of this application. Seconded by Councilmember Safeke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to amend Stipulation No. 1 and change the location to Location A. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom commended staff in working with the petitioner to find a location that works for both parties. 10. INFORMAL STATUS REPORT Councilmember Bolkcom said State caucuses will be held on February 5 at 7:00 p.m. Democrats will meet at Fridley High School and republicans have three different locations to meet. People can call the City Clerk or check the City's web site for locations. William Burns, City Manager, said the February newsletter will go out the first week in February. ADJOURN MOTION by Councilmember Varichak to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED ADJOURNED AT 8:40 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE MEETING Robert L. Barnette Mayor Pro Tem � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 11, 2008 CffY OF FRIaLEI' Date: February 5, 2008 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading of an Ordinance for Text Amendment Request, TA #07-02, CMV Properties for Camp Bow Wow M-08-07 INTRODUCTION On January 28, 2008, the City Council held the first reading of an ordinance to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. Councilmember Bolkcom asked the petitioner to submit information relative to the pea gravel used in the outdoor area and the cleaning products used at the Camp Bow Wow facility. That information has been attached to this memo for review. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold the second and final reading of the ordinance for approval of TA #08-01, adding dog day/overnight boarding facility as a special use in the S- 3, Heavy Industrial Onaway Addition zoning district. An ordinance has been prepared and is attached for Council's approval. 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 11TH DAY OF FEBRUARY, 2008 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: January 28, 2008 First Reading: January 28, 2008 Second Reading: February 11, 2008 Publication: February 21, 2008 Operations and Maintenance Manual — Camp Bow WowO Franchisor Required Cleaninq Procedures and Cleaninq Products Overview Section One: Outdoor Fencina, Pictures, and Reauirements CBW requires our franchisees to install an outdoor fence that is no less than Eight Feet high in total height. To properly screen the outdoor yards, the franchisee has agreed to place PVC fencing at the facility. Previous circumstances have proven to our organization that dogs have the capability to either jump over or more so, jump up and scale a fence that has been 6 feet or lower. Proven experience dictates that for the safety of our animals and that of the general public, this is the required fence height needed. If one of our dogs were to jump or scale the fence out of our outdoor play area, it could then become a public nuisance at best or be the cause of a critical accident on a nearby roadway. Adding to this situation is the 4" level of pea gravel used in our outdoor play yards. The dogs will general push the gravel towards the back of the play yards it would be overwhelming easy to place a dog at risk for getting hurt and jumping out of our protected perimeter. We do a full rake of each play yard on a weekly basis as part of our deep cleaning process, but do want to take and risks with dog's that decide to escape. The vinyl fencing will also assist in preventing any escape scenarios due to the slick surface. 8' HIGH P'�'�C FE1�CI�v G I � �. I ' ' ._ -. _ � ____ �__-- _____ � _� _ _ �- � �_ ; �----,_ _-� ¢ � � �__ _ � �—; # � ; � � � , �� , ! �s�. ; E ;� I I � � �� i �� 'i � ` � , —�a * r, a a ,: � k� � $ �� : # r _ ��r � � s� .. .. .. . � �, .. .. .. � ' � . .. �u i . . 3- ' � -0 . . . . . . . . E.:=...a'. .., 3'.,. � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' .... ...... . . . . . . . . . . . � .�� . . . . . . . . . . . . . . . . . . :s� : t'.'d.>. . . . . . . . . . . . . . . . . . . . . . . . . . . _�.': P';' i u }. ,: $ v� V7. . . . . . . . . . . . . . . . . . . . . . . ... � �. `' ;'� � � � : ., . � :.,� �. �. . �. �. . �. �. � � �. � t°*.. �, . ' " �,._. � . . . . . . . . ..... ... ..�.. .�.�.. ... �:x .��x.. � .. '�,. � '�. '�. .�. �.�. �. �.�.�.�. ' � .�. .�. �. .�..�. Z Section 2: Camp Bow WowO Cleanina and Maintenance Reauirements Outdoor Break Area Cleaning Procedures Outdoor Break Areas / Vinyl Fencing • Spray outdoor play areas and privacy slats daily with solution comprised of Spartan Ecolyzer and water. • Use specific spray nozzle for this task. • Purchase the sprayer through the chemical distributor. • Use a brush to clean the privacy slats. Poop Patrol • Constantly do Poop Patrol to prevent possible spread of disease. • Piles of poop are very noticeable on the web cameras. • Use sturdy compactor bags in your poop cans • Do not fill poop cans more then 3/a full • Place poop cans so campers don't use them as a way to get out of you're fenced in play area. Pea Gravel Keep pea gravel raked evenly throughout the outdoor play area for the campers and the cameras: • As campers run around play area and equipment, the p gravel develops a moat like appearance. • The yard may develop many contours to it and build up against fencing making it "escapable." Storm Water and Pet Waste Training Every CBW Camp Counselor must go through our strict training program to become certified with the camp's policies and town requirements. The franchisee will be required to document this process for each new employee and it is part of our quarterly franchisor evaluation process. Pet Waste is an incredibly important factor to our concept as we have live web cameras on 24 hours a day and the dog's guardian's are paying a premium for our services, the up-most in cleanliness is mandatory for customer retention as well as being a responsible member of the Town of Parker's community. Our name is very familiar in the State of Colorado with 10 current open camps, Tony and Gina Paradiso, the Parker franchisee is also already owner of our DIA facility and understand the importance of keeping a clean facility. Breakdown of Pet Waste Cleanina Duties Dailv Duties • Clean up poop in outdoor play areas continually as it occurs and deposit in galvanized steel trash cans with secured lids and trash compactor bags. Clean up any messes in the indoor play areas and cabins as it occurs, deposit outside in steel trash cans. • Camp Counselor's dry mop and wet mop all aisles three times daily. • Deep clean with Spartan Ecolyzer any cabins that an Overnight Camper has checked out of for the day • Cots are flipped up in the back of the cabin and are swept out with a broom and then wet moped with Ecolyzer and water. • Lobby and office areas are dry mopped, edges vacuumed and wet mopped. Trash is taken out. Restroom is cleaned. 3 • Empty poop cans twice daily at minimum and do not allow to become full past 3/4 full. Daily Camp waste equals the same amount of an average household of 4 humans. • All outdoor play areas are spayed down with Spartan Ecolyzer and water at the end of the day after boarding dogs are placed in cabins and day campers have been picked up for the day. • Indoor play areas are cleaned. Dry mopped, vacuumed around edges and wet mopped. Plastic slats in doors are cleaned. Rotate Campers between play areas to complete all indoor play areas. • Water bowls (LeBistro's) are emptied and washed daily. Weekend and Holidav Deen Cleanina Schedule (no dav camp) In addition to the daily cleaning conducted at the camp, these tasks are conducted on a weekly basis. Weeklv • Scrub all privacy slats in play areas. • Clean FRP in play area. • Scrub horizontal bars on all chain link gates. • Scrub all steel brackets mounted/bolted to floor. • Water plants. • Clean tops of cabins. Do this on your least occupied overnight camp day. • Clean all exterior windows. • Indoor Play Areas are cleaned with HDQ. (Usually on Sunday evenings.) • Rake pea gravel to insure smooth and even surface. Rake down pea gravel that accumulates against the fence. • Walk perimeter of camp to insure fencing is free of holes and pea gravel is not leaking out. • Wipe with rag all indoor hoses. (Dust collects on them) • Insure landscape is in looking its best and free of weeds. • Vacuum all cabins. Ouarterlv • Re-seal concrete floor if necessary. Semi Annuallv • Dust all high areas. This includes rafters, hanging light fixtures, etc. • Smoke detectors are cleaned and inspected by the alarm company. Annuallv • Vendor comes to camp to recharge and inspect all fire extinguishers to insure they are working properly. � Section Three: Snartan Chemical Snecifications and CBW Use Overview Camp Bow WowO does not use bleach for daily or deep cleaning and only allows our franchisees to use our approved cleaning products from The Spartan Chemical Company, Inc. ��'�� The company's website is located at: http: // www.sna rta nchemica I.com We utilize several different products, the specifications for each is below: CBW Specific Use of Spartan Cleaning Products - Overview 1. Consume Eco-Lyzer is used for the daily cleaning of the indoor and outdoor play areas this includes: floors, plastic curtains, privacy slats, steel fence, gates, collar tops, FRP, pea gravel, poop cans, and poop rakes/shovels. Consume Eco-Lyzer is also used for: • Deep cleaning all areas/surfaces of the Cabins and cots • Mopping the vinyl/title/concrete, floors in the lobby, break area, food prep, bathing, bathrooms, hallways, small dog lounge, interview rooms and hallways. • Cleaning of the Camper Cans Mop Buckets: Dilution is a rate of two ounces of product per gallon of cold water. Thus if the mop buckets five gallons use five ounces of product. Spray Bottles: For the 32 ounce bottles the dilution rate is one ounce of product to cold water. This we can make a higher dilution because it is usually for spot cleaning only. Cleaning Buckets: Same rules apply two ounces per gallon. You must look to see what capacity your cleaning buckets are to do the proper dilution. The dogs should not walk on this wet and it should be fully dry before any dog walks on it. For heavily soiled areas you can increase the dilution rate to 2 ounces per gallon when using the Consume Eco-Lyzer, 2. HDQ HDQ is used for emergency spot cleaning such as vomit, diarrhea, and blood. The dogs should not walk on this wet and it should be fully dry before any dog walks on it. It is recommended to then mop the area with straight water and then let that dry. HDQ is an aggressive cleaner and is effective against the spread of canine cough. Because of its unique neutral pH, HDQ is safe to use around the dogs and will not cause "Hot Foot". Other uses for HDQ is: • Once a week use HDQ to mop out the play areas (this is on the checklist) • Once a week use HDQ to spray down the yards. • If a dog gets sick in its cabin use HDQ then rinse with straight water. Mop Buckets: Dilution is a rate of one ounce of product per gallon of cold water. Thus if the mop buckets five gallons use five ounces of product. Spray Bottles: For the 32 ounce bottles the dilution rate is .5 ounce for the container. This we can make a higher dilution because it is usually for spot cleaning only. Cleaning Buckets: Same rules apply 1 ounce per gallon. You must look to see what capacity your cleaning buckets are to do the proper dilution. 3. Consume: This product is an effective product for eliminating orders. Consume sprayed on urine, feces, vomit or drain lines will quickly eat away and destroy all sources of order. This is a 16 ounces to one gallon ratio. Spray Bottles: For the 32 ounce bottles the dilution rate is 8 ounces of product to 32 ounces of water. This we can make a higher dilution because it is usually for spot cleaning only. Equipment Needed Foam Sprav Gun It is recommended to purchase the foam spray gun for spraying the outside play areas daily. This is a commercial grade sprayer that works extremely well in providing the correct dilution. One Ounce Pump You will need to have the one ounce pumps to "pump" the chemicals out of the five gallon containers. These break often so purchase a minimum of one dozen. � Spartan Chemical Company, Inc. Material Safety Data Sheet �£ SECTION I: PRODUCT INFORMATION Product Name or Number (as it appears on label): Product Division: CONSUME ECO-LYZER danitorial Product Number: 3297 Spartan Chemical Company, Inc. 1110 Spartan Drive Maumee OH 43537 Product/Technical l-(800)-537-8990 Information: Medical Emergency: l-(888)-314-6171 (24 hours) Chemical Leak/Spil CHEMTREC 1-(800) 424-9300 (24 Emergency: hours) Shipping Description: ,Cleaning compounds, liquid, n.o.s. NFPA HMIS Ratings: Ratings: ' Health: 3- Serious Health: 3- Serious Fire: 0- Minimal Fire: 0- Minimal Reactivity: 0- Minimal Reactivity: 0- Minimal Pers. Prot. See Section VIII Equip.: ' % SECTION II: HAZARDOUS INGREDIENTS (Listed when present at 1% or greater, carcinogens at 01 % or greater) All component chemicals are listed or exempted from listing on the "TSCA Inventory" of chemical substances maintained by the U.S. Environmental Protecrion Agency. Table Z- 1._ A NTP, CAS IARC or STEL mg/m CELING OSHA �Chemical Name(s) �% W � Registry No. , TWA mg/m3 �� 3 mg/m3 ��Carcinogen Dialkyl dimethyl 1-5 68424-95-3 Not Not Not No �ammonium chloride Established Established Established Alkyl dimethyl benzyl 1 5 68424-85-1 Not Not Not No ammonium chloride Established Established Established Alcohol ethoxylate 1-5 34398-01-1 Not Not Not No Established Established Established Ethyl alcohol 1-5 64-17-5 �ACGIH) Est blished Est blished NO Viable bacterial cultures NA NA Est blished Est blished Est blished NO '' SECTION III: PHYSICAL DATA Boiling Point: 212 °F Vapor Pressure: Undetermined Vapor Density (AIR = 1): Unknown Solubility in Water: Complete pH: 6-7 Specific Gravity ,0.99 (8.27 lbs/gal.) (H�O 1): °, Evaporation Rate <1 Percent Solid by 5-10 (but.ace.°1):'�� Weight: �� Physical State: Liquid Appearance & Odor: Color, Floral-Powder Fragrance j SECTION IV: FIRE & EXPLOSIVE HAZARD DATA Flash Point >212 °F Method Used: ASTM-D56 Flammable Limits: Not Established Flame Extension: N/A Extinguishing Media: Special Fire Fighting Procedures: Unusual Fire & Explosive Hazards: duct does not support combusrion. Use exringuishing media appropriate surrounding fire. ear NIOSH approved self-contained breathing apparatus and protective �thing. Cool fire-exposed containers with water spray. products are toxic. * SECTION V: HEALTH HAZARD DATA Threshold Limit Value: Not established Primary Routes of Inhalation, Skin Contact, Entry: !Eyes; Oral Effects of Overexposure- Condirions to Avoid: USES IRREVERSIBLE EYE DAMAGE AND SKIN BURNS: nptoms may include pain, redness, swelling and tissue damage. mful if absorbed through the skin. ,Y BE HARMFUL IF SWALLOWED. Symptoms may include sea, vomiring, pain and diarrhea. ,Y BE FATAL OR CAUSE RESPIRATORY IRRITATION IF �ALED. Breathing spray mist may cause coughing and difficulty not get in eyes, skin or clothing. Do not taste or swallow. Do not athe product vapor or mist. The bacterial cultures in this product y cause infection if they come in contact with open wounds; broken i or mucous membranes. Wash thoroughly with soap and water �r handling. Condirions Aggravated �Use of this product may aggravate preexisring skin; eye and respiratory by Use: �disorders including asthma and dermatitis. Individuals with impaired �immune systems or funcrion may be especially susceprible to infecrion by �microorganisms including the bacteria used in this product. : Emergency & First Aid Procedures: Eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. '��Remove contact lenses if present after the first five minutes; then continue rinsing eye. Call a poison control center or doctor for treatment advice. Skin: �ETake off contaminated clothing. Rinse skin immediately with plenty of Ewater for 15-20 minutes. Call a poison control center or doctor for ;treatment advice. Apply topical anrisepric agent to open wounds or broken Fskin. Wash contaminated clothing before reuse. Ingestion: all a poison control center or doctor immediately for treatment advice. ave person sip a glass of water if able to swallow. Do not induce �miring unless told to do so by a poison control center or doctor. Do not ve anything by mouth to an unconscious person. Inhalation: �Move person to fresh air. If person is not breathing; ca119ll or an �ambulance then give artificial respiration; preferably mouth-to-mouth if �possible. Call a poison control center or doctor for further treatment £ SECTION VI: REACTIVITY DATA Stability: Stable Incompatible Strong oxidizers Materials: '�� Hazardous Carbon monoxide, Hazardous Will Not Occur ' Decomposition Products: 'Carbon dioxide Polymerization: ' j SECTION VII: SPILL OR LEAK PROCEDURES Steps to be Taken in Case ESmall spills of one gallon or less may be flushed with plenty of water to Material is Released or �Esanitary sewer system (If permitted by local sewer regulations). Dike and Spilled: �Econtain large spills with inert material and transfer liquid to containers for 'recovery or disposal. . Waste Disposal Method: ne as above. Container disposal: Triple rinse (or equivalent) then offer recycling or recondirioning, or puncture and dispose of in a sanitary �fill, or incinerate, or if allowed by state and local authorities, burn. If ned, stay out of smoke. £' SECTION VIII: SPECIAL PROTECTION INFORMATION Respiratory Protection: ENot normally required when good general ventilation is provided. However, iif respiratory irritarion occurs, use of a NIOSH approved respirator suitable Efor the use-conditions and chemicals in Section II should be considered. Ventilation: Protective Gloves(Specify Type): Eye Protection(Specify Type): Other Protective Equipment: good general venrilation. Local exhaust venrilation may be y for some operations. or other water-proof gloves are recommended. goggles are recommended to prevent eye contact. wash starions and washing faciliries should be readily accessible in s where undiluted product is handled.. See 29 CFR 1910132-138 for ier guidance. 0 '� SECTION IX: SPECIAL PRECAUTIONS Precautions; Handling & Storing: Other Precautions: O SCC 06/30/2005 CONSUME ECO-LYZER sep from freezing. Wash thoroughly with soap and water after handling. ote: Do not use this product on food contact surfaces in prepararion or orage areas. Do not use this product on food utensils; dishes or glasses. o not use this product in patient healthcare areas. Keep out of reach of children. Name: Ronald T. Cook Effective 06/30/2005 Date: Title: Manager, Regulatory Affairs S up ercede s: 12 /03 /2 003 Ref: 29 CFR 19101200 Changes: Update Secrion IX (O SHA) This document has been prepared using data from sources considered technically reliable. It does not consritute a warranty, express or implied, as to the accuracy of the information contained herein. Actual condirions of use and handling are beyond sellers controL User is responsible to evaluate all available informarion when using product for any particular use and to comply with all Federal, State and Local laws and regularions. Spartan Chemical Company, Inc. Material Safety Data Sheet ' SECTION I: PRODUCT INFORMATION Product Name or Number (as it appears on label): Product Division: HDQ NEUTRAL danitorial ProductNumber: 1202; 1201 Spartan Chemical Company, Product/Technical l-(800)-537-8990 Inc. Information: 1110 Spartan Drive Medical Emergency: l-(888)-314-6171 (24 hours) Maumee OH 43537 Chemical Leak/Spil CHEMTREC 1-(800) 424-9300 (24 Emergency: hours) 10 Shipping Descriprion: Disinfectants, liquid, n.o.s. NFPA HMIS Ratings: Ratings: ' Health: 3- Serious Health: 3- Serious Fire: 0- Minimal Fire: 0- Minimal Reactivity: 0- Minimal Reactivity: 0- Minimal Pers. Prot. See Section VIII Equip.: ' * SECTION II: HAZARDOUS INGREDIENTS (Listed when present at 1% or greater, carcinogens at 01 % or greater) All component chemicals are listed or exempted from listing on the "TSCA Inventory" of chemical substances maintained by the U.S. Environmental Protecrion Agency. Table Z- 1._ A NTP, IARC or CAS STEL mg/m CELING OSHA �Chemical Name(s) �� % W �� Registry No. � TWA mg/m3 '�� 3 mg/m3 ��Carcinogen Didecyl dimethyl 1-5 7173-51-5 Not Not Not No �ammonium chloride Established Established Established Alkyl dimethyl benzyl 1 5 8001-54-5 Not Not Not No ammonium chloride Established Established Established Octyl dimethyl amine 1-5 2605-78-9 Not Not Not No �oxide Established Established Established Tetrasodium ethylene 1 5 64-02-8 Not Not Not No ��diaminetetraacetate Established Established Established Ethanol 1 5 64-17-5 1900 Not Not No Established Established '� SECTION III: PHYSICAL DATA Boiling Point: ',212 °F Vapor Pressure: ',Unknown Vapor Density (AIR — 1): Unknown Solubility in Water: Complete pH: 7.2-8.2 Specific Gravity ;1.00 (H�0-1): ; Evaporation Rate <1 Percent Solid by 10-12 (but.ace.°1): '�� Weight: �� Physical State: Appearance & Odor: on-viscous red liquid, mild citrus fragrance j SECTION IV: FIRE & EXPLOSIVE HAZARD DATA Flash Point > 212 °F Method Used: ASTM-D56 Flammable Limits: €N/A Extinguishing Media: Special Fire Fighting Flame Extension: 'N/A does not support combusrion. Use exringuishing media appropriate surrounding fire. ear NIOSH approved self-contained breathing apparatus and protective 11 Procedures Unusual Fire & Explosive Hazards: Cool fire-exposed containers with water spray. of combustion are toxic. j SECTION V: HEALTH HAZARD DATA Threshold Limit Value: Not Established Primary Routes of Inhalation, Skin Contact, Entry: ',Eyes & Oral Effects of Overexposure- Condirions to Avoid: �USES IRREVERSIBLE EYE DAMAGE: Symptoms may include in, redness, swelling of the conjunctiva and rissue damage. �USES SKIN BURNS: Symptoms may include pain, redness and sue destrucrion. �RMFUL IF SWALLOWED: Symptoms may include nausea, miring, pain and diarrhea. HALATION OF SPRAY MIST MAY CAUSE RESPIRATORY .RITATION: Breathing spray mist may cause coughing and difficulty not get in eyes, on skin or clothing. Do not taste or swallow. Avoid alation of spray mist. Wash thoroughly with soap and water after Condirions Aggravated �EUse of this product may aggravate preexisring skin; eye and respiratory by Use: �Edisorders including asthma and dermatitis. Emergency & First Aid Procedures: Eyes Skin: Inhalation: ld eye open and rinse slowly and gently with water for 15-20 minutes. nove contact lenses after the first 5 minutes then conrinue rinsing eye. t immediate medical attention. ake off contaminated clothing. Rinse skin immediately with plenty of �ater for 15-20 minutes. Get medical attention. Wash contaminated �othing before reuse. ll a poison control center or doctor immediately for treatment advice. ve person sip a glass of water if able to swallow. Do not induce niring unless told to do so by the poison control center or doctor. Do give anything by mouth to an unconscious person. NOTE TO YSICIAN: Probable mucosal damage may contraindicate the use of ;tric lavage. Measures against circulatory shock; respiratory depression � convulsion may be needed. case of respiratory irritation; move person to fresh air. Get medical ention if irritation persists. � SECTION VI: REACTIVITY DATA _ Stability: Stable Incomparible Strong oxidizers Materials: ; Hazardous CO, COZ Hazardous Will Not Occur ' Decomposition Products: ' Polymerization: ' ' SECTION VII: SPILL OR LEAK PROCEDURES . Steps to be Taken in Case Dike and contain spill with inert material (sand , earth, etc.) and transfer Material is Released or '��the liquid and solid separately to containers for recovery and disposal. Spilled: 'Keep spill out of sewers and open bodies of water. 12 Waste Disposal Method: �FDispose of in compliance with all Federal, state and local laws and £' SECTION VIII: SPECIAL PROTECTION INFORMATION Respiratory Protection: Venrilarion: Protective Gloves(Specify Type): Eye Protection(Specify Type): Other Protective Equipment: ot normally required when good general ventilation is provided. However, exposure limits (see Secrion II) are exceeded or if respiratory irritation ;curs, use of a NIOSH approved respirator suitable for the use-conditions id chemicals in Secrion II should be considered. good general venrilation. Local exhaust venrilation may be y for some operations. or other water-proof gloves are recommended. goggles andlor face shield wash starions and washing faciliries should be readily accessible in s where undiluted product is handled.. See 29 CFR 1910132-138 for ier guidance. £' SECTION IX: SPECIAL PRECAUTIONS Precautions; Handling & Storing: Other Precautions: ;p from freezing. Store at temperatures below 140 F. Keep containers �ed unril used. not contaminate drinking water, food or feed by storage or disposal. out of reach of children. O SCC 12/14/2005 Name: Ronald T. Cook HDQ NEUTRAL Effective 12/14/2005 Date: Title: Manager, Regulatory Affairs Supercedes: 06/30/2005 Ref: 29 CFR 19101200 Changes: Update shipping description (O SHA) This document has been prepared using data from sources considered technically reliable. It does not consritute a warranty, express or implied, as to the accuracy of the information contained herein. Actual condirions of use and handling are beyond sellers controL User is responsible to evaluate all available informarion when using product for any particular use and to comply with all Federal, State and Local laws and regularions. 13 Spartan Chemical Company, Inc. Material Safety Data Sheet � SECTION I: PRODUCT INFORMATION Product Name or Number (as it appears on label): Product Division: CONSUME Janitorial ProductNumber: 3097; 3197 Spartan Chemical Company, Product/Technical l-(800)-537-8990 Inc. Information: 1110 Spartan Drive Medical Emergency: l-(888)-314-6171 (24 hours) Maumee OH 43537 Chemical Leak/Spil CHEMTREC 1-(800) 424-9300 (24 Emergency: hours) . Shipping Description: Cleaning compounds, liquid, n.o.s. NFPA HMIS Ratings: Ratings: ' Health: 1- Slight Health: 1- Slight Fire: 0- Minimal Fire: 0- Minimal Reactivity: 0- Minimal Reactivity: 0- Minimal Pers. Prot. See Section VIII Equip.: ' £ SECTION II: HAZARDOUS INGREDIENTS (Listed when present at 1% or greater, carcinogens at 01 % or greater) All component chemicals are listed or exempted from listing on the "TSCA Inventory" of chemical substances maintained by the U.S. Environmental Protecrion Agency. Table Z- 1.._ A NTP, IARC or CAS STEL mg/m CELING OSHA ��Chemical Name(s) �� % W �� Registry Na , TWA mg/m3 '�� 3 mg/m3 ��Carcinogen Nonylphenolethoxylate 1-5 9016-45-9 Not Not Not No Established Established Established 14 Bacterial spores (Bacillus NA NA Not Not Not No ;species) Established Established Established £' SECTION III: PHYSICAL DATA Boiling Point: '212 °F Vapor Pressure: Not determined Vapor Density (AIR — 1): Unknown Solubility in Water: Complete pH: 8.0-9.0 Specific Gravity 1.00 (H�O 1):�� Evaporation Rate <1 Percent Solid by ;4-8 (but.ace.°1):'�� Weight: �� Physical State: Liquid Appearance & Odor: green liquid, pleasant fragrance. �� SECTION IV: FIRE & EXPLOSIVE HAZARD DATA Flash Point ''> 212°F Method Used: 'ASTM-D56 Flammable Limits: Not Established Flame Extension: N/A Extinguishing Media: duct does not support combusrion. Use exringuishing media appropriate surrounding fire. Special Fire Fighting '��Wear NIOSH approved self-contained breathing apparatus and protective Procedures: '��clothing. Cool fire-exposed containers with water spray. Unusual Fire & Explosive Hazards: products are toxic. �' SECTION V: HEALTH HAZARD DATA Threshold Limit Value: Not Established Primary Routes of Inhalation, Skin Contact, Entry: !Eyes and Oral Effects ofOverexposure-';Causes eye and skin irritation. Symptoms may include pain, Conditions to Avoid:';redness and swelling. 'May be harmful if swallowed. Symptoms may include 'abdominal pain and diarrhea. 'Inhalation of product mist may cause respiratory irritation. 'Contains living bacterial spores. The bacteria in this product 'may cause infection if introduced into an open wound, broken 'skin or mucous membrane in sufficient quantity. Do not use this 'product in patient healthcare areas. Conditions Aggravated by Use: �void contact with eyes and skin. Do not swallow. Avoid breathing ►roduct mist. Avoid contact with open wounds, broken skin or nucous membranes. Wash thoroughly after handling. se of this product may aggravate preexisring skin; eye and respiratory sorders including asthma and dermatitis. Individuals with impaired imune systems or funcrion may be especially susceprible to infecrion by icroorganisms including the bacteria used in this product. Emergency & First Aid Procedures: Eyes: Flush eyes with plenty of water for at least 15 minutes. Remove contact 15 Skin: Ingestion: Inhalation: es. Get medical attenrion. ✓e contaminated clothing. Wash skin thoroughly with soap and Apply a topical anrisepric agent to open wounds or broken skin. Get �1 attention if irritation persists. Wash contaminated clothing before not induce vomiting. Drink one or two glasses of water to dilute �uct. Get medical attenrion. Do not give anything by mouth to an person. case of respiratory irritation; move person to fresh air. Get medical ention if irritation persists. � SECTION VI: REACTIVITY DATA _ Stability: Stable Incomparible Strong oxidizers Materials: '�� Hazardous CO, CO2 Hazardous Will Not Occur ' Decomposition Products: ' Polymerization: ' '� SECTION VII: SPILL OR LEAK PROCEDURES Steps to be Taken in Case Small spills of one gallon or less may be flushed with plenty of water to Material is Released or'�sanitary sewer system (If permitted by local sewer regulations). Dike and Spilled: 'contain large spills with inert material and transfer liquid to containers for !disposal. Keep spill out of storm sewers and waterways. Waste Disposal Method: �Dispose of in compliance with all federal, state and local laws and £' SECTION VIII: SPECIAL PROTECTION INFORMATION Respiratory Protection: Not required with normal usage. Venrilarion: Protective Gloves(Specify Type): Eye Protection(Specify Type): good general venrilation. Local exhaust venrilation may be y for some operations. or other impervious gloves are recommended. goggles are recommended. Other Protecrive €See 29 CFR 1910132-138 for further guidance. Equipment: ': £ SECTION IX: SPECIAL PRECAUTIONS Precautions; Handling & Storing: Other Precautions: from freezing. Do not use this product on human hand contact ;es such as countertops; toilet seats or bathroom fixtures (faucets; handles; door knobs; etc.). Do not use this product in parient icare areas. out of reach of children. 16 O SCC 07/07/2005 CONSUME Name: Ronald T. Cook Effective 07/07/2005 Date: Title: Manager, Regulatory Affairs S up ercede s: 02 /03 /2 003 Ref: 29 CFR 19101200 Changes: Update Secrions IV, V, VII, VIII, IX (O SHA) This document has been prepared using data from sources considered technically reliable. It does not consritute a warranty, express or implied, as to the accuracy of the information contained herein. Actual condirions of use and handling are beyond sellers controL User is responsible to evaluate all available informarion when using product for any particular use and to comply with all Federal, State and Local laws and regularions. 17 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2008 February 5, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #07-12, CMV Properties for Camp Bow Wow M-08-03 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. 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. 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. PLANNING COMMISSION RECOMMENDATION At the December 19, 2007, Planning Commission meeting, a public hearing was held for SP #07-12. After a brief discussion, the Planning Commission recommended approval of SP #07- 12, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. 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. 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, hard- surface 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. � PLANNING COMMISSION MEETING January 16, 2008 Chairperson Savage called the Planning Commission Meeting to order at 8:00 p.m. MEMBERS PRESENT: Dean Saba, Diane Savage, Jack Velin, Leroy Oquist, David Kondrick, and Brad Sielaff MEMBERS ABSENT: Brad Dunham OTHERS PRESENT: Stacy Stromberg, City Planner Brian Dahlke, Dahlke Trailer Sales Steve Stulz, Pro Source Technologies, for Sprint Greg Welcome, Dahlke Trailer Sales APPROVAL OF PLANNING COMMISSION MEETING MINUTES: December 5, 2007 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #08-01, by Prosource Technologies, for Dahlke Trailer Sales, to allow the construction of a 125-foot telecommunications tower and related ground equipment in an M-3, Heavy Industrial Outdoor Intensive Zoning District, generally located at 8170 Hickory Street N.E. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:03 P.M. Stacy Stromberg, City Planner, stated the petitioner is Pro Source Technologies for Sprint. Mr. Stulz, who is with Pro Source Technologies and also an agent for Sprint PCS, is requesting a special use permit to allow the construction of a 125-foot telecommunications tower at the industrial property owned by Greg Dahlke of Dahlke Trailer Sales located at 8170 Hickory Street NE. 1 Ms. Stromberg stated the proposed facility will consist of a 125-foot monopole telecommunication tower and a 12-foot by 20-foot prefabricated accessory shelter. The proposed tower and related ground equipment will be contained in a fenced in, 20-foot by 30-foot leased space on the subject property. The tower is also being designed to allow at least two additional wireless carriers. Ms. Stromberg stated the subject property is zoned as M-3, Outdoor Intensive Heavy Industrial. The subj ect property was developed in 2003, with the construction of the existing building. An addition was constructed to the building in 2004 to allow for a paint booth. Ms. Stromberg stated telecommunication towers are allowed in any industrial district but only with a special use permit. Ms. Stromberg stated 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 a tower location, they identified the e�sting T-Mobile tower, which is located on the Park Construction property just south of the subject property. That address for Park Construction is 30 — 81st Avenue. City Code requires the petitioner prove that a new site is necessary and they are unable to use an approved site that is located within a one-half mile radius of the proposed new site. Ms. Stromberg stated the T-Mobile tower is approximately .25 miles from the proposed new tower site. Sprint has determined if they located their antennas on the T-Mobile, it would not provide the adequate coverage needed in the area they are looking to serve. T-Mobile's equipment is already at the top of their 125-foot tower and, if Sprint were to locate on this tower, it would have to be at a lower height. According to Sprint, because of the lower height availability on this tower, it would lose approximately 45 percent of the coverage that would be accomplished on the new proposed tower. Ms. Stromberg stated the telecommunications ordinance within City Code 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 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 Code requirements she just identified. As a result of that staff recommends and will stipulate 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 to the rear of the subject property and it will also help it to blend into the 2 environment, as there are several Xcel transmission poles along the rear property line of the subjectproperry. Ms. Stromberg stated City staff does recommend approval of this special use permit request as telecommunication towers are a permitted special use in the M-3, Outdoor Intensive Heavy Industrial District. Staff recommends if this special use permit is granted, the following stipulations be attached: (1) Telecommunications tower to be located to the rear of the lot or along the northern property line. Location to be reviewed and approved by staff prior to issuance of a building permit. (2) A building permit shall be obtained prior to commencement of installation of any 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. Commissioner Sielaff asked whether there was any restriction on how tall the towers can be? Ms. Stromberg replied the maximum height is 125 feet. Commissioner Velin asked regarding Stipulation No. 4, shall install and maintain the proposed equipment so that it blends into the surrounding environment. How do you blend a tower into the surrounding environment? Another thing, the suggestion to have it back in the corner, why do they have to have landscaping and screening? Ms. Stromberg replied those are Code requirements that are restated as part of the stipulations. All cell towers within the City are required to have their equipment screened, whether it is with fencing or some type of landscaping. Commissioner Kondrick asked is it not also to guard them against vandalism and tampering, etc.? Ms. Stromberg replied, yes. Steve Stulz, Pro Source Technologies, stated Ms. Stromberg pretty much covered everything. They are doing this in order to increase Sprint Nextel's coverage in the area. With the additional bandwidth needed now with all the on-line internet things and wireless traffic, they found there is a dead spot right in this area. They researched the area for close to year now, and they have taken some recommendations from the City planners on the location. There are many drainage issues there and that is where the park is so they are very limited as to space and where they could go to potentially locate this 3 tower. With the exhaustive search they did, they finally ended up with this location. They worked extensively with Dahlke Trailer to pick a location that works for them without interfering with their business but also works for Sprint to complete the adequate coverage they are trying to accomplish in the area. They did look extensively into co- locating on the T-Mobile tower because ultimately in the long run it is cheaper for them to go on an existing tower than it is to build their own tower. Also, the coverage would be reduced by approximately 45 percent in the area. That 25 feet is a big difference when you are talking about the area they are looking at. Chairperson Savage asked if they would agree with the first stipulation about locating the tower to the rear or along the northern property line? Mr. Stulz stated they are happy to work with the City with any recommendations they have that they could work out and would be beneficial for all parties involved. They have a couple issues with the locations. They looked at the northern location prior to picking the one they have, and the owner could probably speak more deliberately to these things but he will give the Commission Sprint's take on it. The northern location was purchased from Frattalone by Dahlke Trailer in order to have additional storage space for their trailers, and that is a transition area. They have paved that since then and the trailers come in and out. There is also towards the left in the transition area, the corner is cut about 30 feet in so they have to stay a certain amount away from the existing transmission lines that are there. Mr. Stulz stated the other issue with that location is it is a separate parcel from the Dahlke Trailer parcel so they have the opportunity to either sell that off at a later date or to have some potential construction plans for that area. The other location is right in the back of the property where there are two additional drainage areas and that is where they plow all the snow from the parking lot. There are many drainage issues back there, and they have anywhere from 10-25 feet of snow that they do pile back there. So it presents more potential drainage issues by moving the tower back there as well as potential flooding issues for the shelter they have containing the electrical equipment inside it. Mr. Stulz stated there is also the issue of access. Where they have proposed, they can fence and have it accessed for service if they need to do routine or emergency maintenance. They come and access the shelter without coming into the entire area of Dahlke Trailer. If they move it to either one of the suggested locations suggested by the City, they will have to have access to the entire Dahlke property. Mr. Dahlke has expressed his concern because there have been many break-ins and equipment stolen from that area. So he is concerned about security issues and having additional people having access and also the potential liability should anything happen while they are on this property. They are, however, willing to work out a location that is feasible for all parties. Chairperson Savage stated to Mr. Stulz he has to understand that if he is not willing to agree with the stipulations, it may or may not have an effect on whether the Commission recommends approval. � Mr. Stulz replied they are willing to work with the City. Chairperson Savage stated he will have to say more than that, he is going to have to say that he agrees with that stipulation. Mr. Stulz asked Ms. Stromberg if there were other options on the property besides the two locations that staff has picked? Ms. Stromberg replied she would say anywhere along the rear portion of the lot. They could modify the stipulations to state that a location would be determined and approved by City staff prior to issuance of a building permit for the tower. However, she has spoken with the Community Development Director this afternoon; and he was pretty strict about the fact that the tower needs to be moved. It cannot be in the proposed location. If it re-located, staff recommends denial. Commissioner Kondrick asked what is wrong with the place where they propose to put it? Ms. Stromberg replied because of the visual impact it would have from the public right- of-way. City Code specifically states that when a new tower is proposed the petitioner should minimize adverse visual impacts of the tower and related ground equipment by considering the design, placement, landscaping and through innovative camouflaging techniques. It also states that the tower and equipment should try to blend into the surrounding equipment. Commissioner Kondrick asked how far from the desired location is it to the northern boundary? Greg Welcome, co-owner of Dahlke Trailer Sales, replied about 350 feet. Commissioner Kondrick stated the reason he was asking is because he is interested in keeping the tower as far away from the area that is green in the northern boundary of this property. It is the Springbrook Nature Center. To have it in the northern area suggested by staff wouldn't be his desired location. He has driven by this property about four or five times and trying understand the best location. As far as accessing it, Sprint's proposed location would be good for them. He also thinks it would be okay with him. Commissioner Sielaff asked if the proposed Sprint site is more visible from the public right-of-way than T-Mobile's tower at the Park Construction location? Ms. Stromberg replied, absolutely. Commissioner Sielaff asked if you relocated the tower to the south on the site, closer to the T-Mobile tower, is that be a better location? E Mr. Stulz stated it would work for them. They are trying to stay away from the T-Mobile tower as far as possible as that is one of the requirements the City has also. Chairperson Savage asked if Ms. Stromberg could address the drainage issues. Ms. Stromberg replied she was not aware there were any. The site was just developed in 2003, it would be staff's hope that there wouldn't be too many drainage issues. Mr. Welcome stated they would be receptive to them moving south but to go north is not viable just because they want to leave that land in tact in case they do decide to sell it or if they decide to expand. Presently it is vacant land. The retention ponds were right up to the top when they had the big rainfall this last spring and they take all of their snow and push it into that pond. They stockpile the snow up to 30-40 feet tall before they can finally push it in there, and that would block the access for Sprint to be able to get to the tower if they need to do something. There is also an easement that comes into play right along the retention pond. They would look at the north corner but then you are starting to get the visibility of 81st Avenue. The street is a dead end and the only thing that comes down the street is semi's and sewer trucks. Aesthetically they are screened in and they are talking about sewer trucks coming down the street. If you go farther north you are more visible to the residential neighborhood on the other side of the railroad trucks. They have zoned industrial right on the left side of the railroad trucks. Commissioner Savage asked Mr. Walkom if he was okay with Mr. Stulz's position that if the Commission amended the first stipulation to say something to the effect that the location is approved by City staff, would he be alright with that? Mr. Welcome replied they would be alright with that, but they just do not feel that circled yellow corner is an option just because there is no other place to put snow on that property. Commissioner Kondrick asked about another location on the west side of the property, what would happen if it were there? Mr. Welcome replied they are not enthusiastic although there is the problem of accessibility. He is more enthusiastic about that corner than going to the north side. Ms. Stromberg stated looking at the aerial of the subject property, does the property owner know if there are transmission poles in the southern end of the parking lot? Mr. Welcome replied, yes, there is one there. Re-locating the tower to the southern portion of the lot you are then looking at it from 81st Avenue. The proposed location is, tucked behind CCX Truck Terminal and Sam's Club, you are 600 yards at least from University Avenue. Putting it at this location is the ideal location for Sprint and Dahlke Trailer. It is giving Sprint access 24 hours a day through their employee parking lot that they have their own fence and it's secure. Then there are no vehicles coming onto their 0 property after hours, and it would still be visible for vandalism because it is close enough to the street. It is sti11200 feet off the street. Ms. Stromberg asked the property owner if they have any plans to add onto the building at all because the proposed location could interfere with an addition to his building. Mr. Welcome replied that is not in their plans because their doors go north and south so they would probably go west if they did do an expansion. They also looked at putting the cold storage building on the north lot but they have not done that yet. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:29 P.M. Commissioner Saba stated he would be in favor of just deleting Stipulation No. 1. He does not have a problem with the proposed location. Commissioner Kondrick stated he did not either. Commissioner Oquist stated it allows access and it is behind their fence. Commissioner Kondrick commented it seems to be away from everybody. Commissioner Oquist stated he would go along with just deleting the stipulation. Commissioner Kondrick stated he would go along with that idea. Chairperson Savage asked Ms. Stromberg what is the feeling of the staff about that? Ms. Stromberg replied, as she articulated earlier tonight, she had a discussion with Scott Hickock, Community Development Director, before the meeting tonight and he said if the petitioner was not willing to relocate that staff would recommend denial based on the visual impacts they highlighted in the staff report. Commissioner Oquist stated there are also trailers sitting in that area and there is nothing on that road. Commissioner Kondrick commented and it is 200 feet from the road. Commissioner Velin commented also it's a better location than the one in the rear corner due to the drainage problem. Commissioner Oquist commented it also restricts where they can pile their snow. 7 Commissioner Kondrick commented he has driven by there many times and he thinks the best location is where the petitioner proposes. It is away from the street, it is 200 feet in which is more than the height of the tower, you can hardly see it from University, and it is also away from the Nature Center. Commissioner Velin commented that Hickory Street is not a main thoroughfare. Commissioner Kondrick continued and stated it is close enough where they can have quick access and also closer to the street because of any attempted vandalism. Commissioner Sielaff stated he did not necessarily disagree with him, but he wonders if they are not just missing some information about why it is opposed by the staff. Ms. Stromberg replied as stated in the report, there are two main reasons, one, the visibility from Hickory Street and, two, relocating it would make it fit more into the surrounding environment with the transmission poles that are to the west of the subject property. The Planning Commission may recall that in 2005 the City had a request for the installation of a cell tower at a property northeast of the subj ect property. Due to the close proximity of that location to the Springbrook Nature Center there were discussions of constructing that tower to look like a tree. There are several examples of cell towers that blend into surrounding environments that look like evergreen trees or palm tree in warmer climates. Code states that when a petitioner is coming in with a cell tower, they need to look at these things and they need to minimize adverse visual impacts of the tower and any ground equipment. They have to consider the design, the placement, landscaping, camouflaging. Commissioner Oquist stated but this is on a dead end street in an industrial/trailer area. Aesthetically it blends in with the area it is being placed in as far as he is concerned. Commissioner Sielaff stated the other option would be to leave it as it is and the petitioner would agree to a location. Chairperson Savage stated she would certainly prefer that. Commissioner Oquist stated he would not. He thinks that is what they are here is to make a recommendation. MOTION by Commissioner Kondrick approving Special Use Permit, SP #08-01, by Prosource Technologies, for Dahlke Trailer Sales, to allow the construction of a 125-foot telecommunications tower and related ground equipment in an M-3, Heavy Industrial Outdoor Intensive Zoning District, generally located at 8170 Hickory Street N.E, with the removal of stipulations #1, stating the tower can be located in the proposed location by the petitioner. Approval is with the following stipulations: (1) A building permit shall be obtained prior to commencement of installation of any facility equipment on this site. : (2) A landscape and screening plan shall be submitted and approved by City staff prior to issuance of a building permit. (3) The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. (4) The facility shall be designed to discourage unauthorized entry. (5) No signs other than warning or equipment information signs are permitted as part of this application. Seconded by Commissioner Oquist. UPON A VOICE VOTE, COMMISSIONERS OQUIST, SAVAGE, SABA AND KONDRICK VOTING AYE, AND COMMISSIONER SEILAFF AND CHAIRPERSON SAVAGE VOTING NAY, THE MOTION WAS CARRIED UANIMOUSLY ON A 4-2 VOTE. Chairperson Savage explained to the petitioner their request has been approved, leaving out the first stipulation completely. This will be heard by City Council and they will make the final decision and the petitioner should be there at the January 28 meeting. 2. Receive the Minutes of the December 6, 2007, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the December 3, 2007, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg gave a review of 2007 for the Planning Commission. They had 10 special use permits, 3 rezonings, 2 text amendments, 4 plats, and 1 street and alley vacation. Their workload was pretty normal. Ms. Stromberg stated their February 6 meeting is cancelled. The January draft of the Comprehensive Plan is available at City Hall for those interested in viewing it, and it is also available on the website. 0 ADJOURN MOTION by Commissioner Kondrick adjourning the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 8:42 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 10 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2008 February 5, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Extension Request, VAR #06-01, RSP Architects for Totino Grace High School M-08-08 INTRODUCTION Steve Maurelli, of RSP Architects, on behalf of Totino Grace High School received City Council approval for a special use permit and a variance on January 23, 2006. The special use permit was granted to allow an existing private school to exist in an R-1, Single Family zoning district and the variance was granted to increase the height of a portion of the Totino Grace High School building from 30 feet to 48 feet for the renovation of the school auditorium. In March of 2007, the petitioner asked for a two-year extension as construction had been delayed on the project due to fund-raising. The school has been actively raising funds and they potentially plan to begin construction in September 2008. At the March 26, 2007, City Council meeting the City Council granted the petitioner a one-year extension. Therefore, the petitioner has since submitted an additional extension request. The school is continuing to fundraise and they have retained a professional out-of-town fundraiser to help expedite the process. They still anticipate a late 2008 construction start. PLANNING STAFF RECOMMENDATION City Staff recommends approval of a one-year extension for the construction of the school auditorium renovation until January 23, 2009. � i CtiY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2008 William W. Burns, City Manager James Kosluchar, Public Works Director February 11, 2008 ST 2008-01 Street Improvement Project ' 1: 11 Draft final plans and specifications for the 2008 Neighborhood Street Improvement Project (Project ST2008-01) have been completed by the Engineering Division. Note that we have one project scope change; that being the removal of the TH47 East Service Drive from the plans. I have directed engineering staff to hold off on plan preparation for this street due to receipt by the City of a vacation request by Bona Brothers for this street segment. If the vacation request is rejected, staff will complete the design of this segment and reincorporate it into the project at that time. The attached resolution receives final plans and specifications and orders the advertisement for bids for the 2008 Neighborhood Street Improvement Project ST2008-01. Engineering staff is scheduling a bid opening date of March 11, 2008. Staff recommends the City Council adopt the resolution as drafted. JPK:jpk Afitachment 23 January 20Q8 Ms. Stacy Stromberg City Planner, City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432-4384 RE: Special Use Permit, SP #06-01 and Variance, VAR #06-01 Totino-Grace High School Deaz Ms. Stromberg: This letter is intended to formally request an extension of the Special Use Permit and Variance granted by Fridley City Council on 23 January 2006 for Totino-Grace High School. Last year, we requested a two-year extension due to an anticipated late 2008 construction start. I did not realize that only one yeaz was granted, so this request is not three weeks prior to expiration as requested. I trust an exception can be granted. Construction has not yet started due to fund-raising, but the school is actively raising funds and they intend to proceed in the future. A professional out-of-town fundraiser has been retained by Totino-Grace in order to expedite the process, and I believe Brother Barker would be happy to address questions you or Council may have about that process if you wish. We look forward to working with the City through the construction process and we are excited about this opportunity. If you have any questions, need additional information or need us to be present at City Council, please don't hesitate to call. Since ly, � Steve Maurelh, AIA Project Manager Copy: Brother Milton Barker RSP File 04 JSM/srl P:/corporate/totino-grace/auditorium/documentation/04 code%xtension 2008-01-23.doc . . . =- ..r a't . :. . _:. V V >� Ted�H. Davis, AIA Stephen J. Fautsch, AIA Jim Fitzhugh, AIA Robert M. Lucius, AIA Michael R. Lyner, AIA Jeremy P. Mayberg, AIA David C. Norback, AIA Patricia Parrish Michaei J. Piau�, AIA Joseph A. Tyndall, AIA Terry Wobken, AIA 1220 Marshall Street NE Minneapolis, MN 55413-1036 612.677.7100 main 612.677.7499 fax www.rsparch.com RESOLUTION NO. 2008 - RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: 2008 NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST 2008-01 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS, pursuant to Resolution 2007-19 of the City Council of the City of Fridley adopted March 26, 2007, a report has been prepared by the City of Fridley Public Works Department with reference to the specific improvements, and WHEREAS, Resolution No. 2007-58 adopted October 22, 2007 received a feasibility report and called for a public hearing on the matter of the construction of certain improvements listed in, and WHEREAS, a public hearing regarding said improvements was set for November 19, 2007, and ten days' mailed notice and two weeks' published notice of the hearing was given, and WHEREAS, the public hearing regarding said improvements was held thereon on November 19th, 2007 at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, Resolution No. 2007-68 ordered the final plans, specifications and estimates of cost for this project, and WHEREAS, the City Council has determined a need to reconstruct the subject streets to maintain a safe condition and a reasonable maintenance cost, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: That the following improvements proposed by Council Resolution 2007-68 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and other facilities located at the locations specified in the attached `Exhibit A', and • Earthwork, grading, turf establishment, and associated improvements to Community Park Ballfields 3 and 4. 2. That the work be incorporated in the 2008 street improvement project as ST 2008-1. 3. That the work be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, James P. Kosluchar, is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22"d DAY OF JANUARY 2007. Scott J. Lund, Mayor ATTESTED: Debra A. Skogen, City Clerk EXHIBIT A STREET IMPROVEMENT PROJECT NO. ST. 2008-1 PROPOSED IMPROVEMENTS Street improvements, including grading, aggregate base, bituminous asphalt, concrete curb and gutter, water and sewer upgrades, landscaping, and other facilities located as follows: 2nd Street NE 31d Street NE 401/z Avenue NE 45�' Avenue NE 54�' Avenue NE 55�' Avenue NE 571/z Avenue NE 62nd Way NE 621/z Way NE 63'd Way NE 631/z Way NE 64t1i Way NE 68�' Avenue NE 68�' Place NE Ashton Avenue NE Ashton Avenue NE California Avenue NE Channel Road NE Charles Street NE Cheri Circle NE Cheri Lane NE East River Road Service Drive NE Hickory Drive NE Horizon Drive NE Hwy 65 East Service Drive NE Hwy 65 West Service Drive NE Island Park Drive NE Jupiter Drive NE Lucia Lane NE Madison Street NE Mississippi Place Onondaga Street NE Pierce Street NE Riverview Terrace NE Satellite Lane NE Siverts Lane NE Starlite Boulevard NE Sylvan Lane NE 571/z Avenue to 58�' Avenue 45�' Avenue to 46�' Avenue California Avenue to Main Street 180' E. of 3�d St to 163' W of 3�d Street 7�' Street to Madison Street 4�' Street to 5�' Street 2nd Street and 2i/z Street East River Road to Ashton Avenue East River Road to Ashton Avenue Riverview Terrace to East River Road Riverview Terrace to East River Road East River Road to Ashton Avenue Hwy 65 Service Drive East to Channel Road Hwy 65 Service Drive East to Lucia Lane Hickory Drive to approx 450' North Mississippi Way to 615t Way 401/z Avenue to Approximately 300' South 68`� Avenue to Approximately 300' North Anna Avenue to East River Road Cheri Lane to Approximately 200' South 7�' Street to Approximately 1500' East 79�' Way to Liberty Street East River Road to 70�' Way Main Street. to Approximately 300' East 68�' Place to 68�' Avenue �� , West Moore Lake Drive to 64t1i Avenue Anna Avenue to East River Road Sylvan Lane to Mercury Drive 68�' Place to Approximately 200' South Cheri Lane to 531/z Avenue Riverview Terrace to East River Road Central Avenue to Hayes Street Mississippi Street to 66`� Avenue 63i/z Way to Alden Way Mercury Drive to Hwy 47 69`� Avenue to Approximately 600' South Sylvan Lane to Satellite Lane Jupiter Drive to Hwy 47 � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 11, 2008 �ffY �F FRIDLEY C�AI MS 135415 - 135618 � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 11, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Kramer Mechanical Gas Services Steve Kramer Ron Julkowski Emerald Builders Inc Commercial/S ecialt Nanc Andrews Ron Julkowski Associated Mechanical Heatin /Gas Jose h Sand Ron Julkowski Com lete Comfort Heatin /Gas Philli Christiansen Ron Julkowski � � �fTY �F FRIDLEY To From Date: AGENDA ITEM CITY COUNCIL MEETING OF February 11, 2008 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk February 7, 2008 Re: Public Hearing for On-Sale Intoxicating Liquor License Application for Scott Larson, Sandee's Sports Bar and Grill, LLC, located at 6490 Central Avenue NE, Fridley, MN Scott Larson has applied for an on-sale intoxicating liquor license for Sandee's located at 6490 Central Avenue NE, Fridley, Minnesota, 55432. Mr. Larson plans to call the establishment Sandee's Sports Bar and Grill, LLC, and he and his wife plan to own and operate the restaurant. Section 603.07 of the Fridley City Code requires a public hearing be held to consider the approval of an on-sale intoxicating liquor license. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on January 31, 2008, with the ten day advance notice requirement. The Police Department has conducted a background investigation, Attachment B, and has found no reason to deny the application at this time. Mr. Larson is leasing the property from Town Center Development. The lease shows the use of the property to the west of Sandees for parking, Attachment C. Until the plat is filed and approved by Anoka County, Mr. Larson would have to continue to use the current parking lot to the South of Sandee's. Staff received a Notice of Chapter 7 Bankruptcy which was filed November 21, 2007, and there is some question whether or not Sandee's Restaurant is part of that Bankruptcy proceeding. Staff is waiting to hear from the Bankruptcy Trustee as to the status of the property. Staff discussed the bankruptcy proceedings with Mr. Larson, but Mr. Larson chose to move forward with the application at this time. According to Anoka County property tax records, property taxes and special assessments of approximately $80,000 are due for 2005, 2006 and 2007, Attachment D. In addition, the plat has not yet been filed which was approved by the City Council October 3, 2003. According to Section 603.09.1 of the Fridley City Code, "No license shall be granted or renewed for operation on any premises on which financial claims of the state are due, delinquent or unpaid." Staff has notified Mr. Larson a license cannot be approved until the taxes and special assessments are paid. He is aware of this and has been told by Town Center Development the taxes will be paid. A general inspection was made at Sandee's on February 6, 2008. The Building Inspections staff and Fire Marshall met with an HVAC and plumbing contractor. The contractor was told the plumbing and HVAC would have to be brought up to the current building code requirements. It was also found interior demolition of the bathrooms was completed without a building permit and carbon monoxide levels were extremely high. A stop work order and an uninhabitable building notice were posted on the building. In order to move forward with any remodeling or improvements, all permit fees must be paid, and all plans and specifications must be submitted and reviewed by the Building Inspections Department, the Fire Marshall the Anoka County Community Health and Environmental Services Department. Staff recommends holding a public hearing for an intoxicating liquor license. Attachment A CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Fridley City Council will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, February 11, 2008, at 7:30 p.m. on the question of issuing an on-sale Intoxicating Liquor License to Scott Arnold Larson, 9826 Taylor Street Ne, Blaine, MN 55434, for Sandees Bar and Grille LLC located at 6490 Central Avenue NE, Fridley, �. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 6, 2008. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: January 31, 2008 in the Fridley Sun Focus Attachment B ��in;, s wv�� C 2<^ � � � Fridley Police Department Memorandum To: Deb Skogen, City Clerk From: Don Abbott, Public Safety Director Date: January 30, 2008 Re: Liquor License Background Check - Sandee's Sports Bar The police department has completed the investigation into the backgrounds of the applicants for a liquor license allowing the sale of alcoholic beverages at Sandee's Sports Bar and Grill. We found no issues that would make the applicants ineligible for a liquor license. The applicants are Scott and Lori Larson of Blaine, MN and are husband and wife. Neither applicant has possessed a license to sell liquor in the past nor do they work in the industry at this time. Mr. Larson is currently employed by the White Bear Lake School District while Ms. Larson worked for a manufacturing company in Brooklyn Park until November of 2007. The investigation revealed no history of criminal convictions, credit issues, or any other issues of concern in regards to obtaining a liquor license. Attachmen.t C EXHIBIT A-1 PREMISES L�GAL DESCRTPTION — AFT�R RECORDING O�' PLAT Lot 1, Block 1, Fridley TowE� Center, Anoka Cauiaty, Minnesota, together with the nort3a � 04.7$ feet of Lat 2, Block 1, Fradlzy Tow�� Center, A�ZOka County, Minnesota. t �xx�BY� A-z PREMISES DEPICTED �XF�IBIT A-2 . PIiEMISES FRr�tE� ra �� c��rER � , , � �� Kw.urz^aar,w�v.�`nnya�c,.x. I � I — �_��_ —� � SS:SSif.t:i � �± ;� — � i �� ` , � a ;, " � _�— � _ _ —xaen :e...z.� . .._.... . , .7 • 1 � � F _ — � — — —� — — . Mississippl#St NP' � g {CS�,H. 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Developed by ASIX, Incorporated. @2D04 All rights reserved. Version 1.0.2763.I4513 � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF FEB. 11, 2008 February 6, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Council Review of Draft 2030 Comprehensive Plan Background Several weeks ago, staff provided you a copy of the latest draft of the 2030Comprehensive Plan for the City of Fridley. This draft should have the date of January 2, 2008, at the top of every page. The January 2 draft includes any changes or corrections that were made following the December 19, 2007, public hearing regarding the draft 2030 plan before the Planning Commission. Less than 10 people spoke at the public hearing. Where staff found the public's concerns to be compatible with the general goals and objectives of the plan, adjustments were made to the draft document text. Since the January 2 draft Plan was printed for the City Council's review, staff discovered that some formatting changes need to be made to the Public Water Supply Plan and the Sanitary Sewer Plan chapters to meet Metropolitan Council guidelines. These changes are not yet complete but will not change any of the action steps in either chapter. Staff plans to incorporate the reformatted chapters into the draft Comprehensive Plan before the City Council makes it final approval later in the year. In order to meet the timeline requirements of getting the City's 2030 Comprehensive Plan to the Metropolitan Council by September 8, 2008, staff needs to get the draft plan out to our surrounding jurisdictions as soon as possible. This is due to the fact that we must, by law, allow our surrounding jurisdictions six months to review our plan. Once staff has compiled feedback from the surrounding jurisdictions at the end of the six months, we may be recommending further adjustments to the plan. The City Council will be asked to provide their final approval of the draft Plan before staff forwards it to the Metropolitan Council. Recommendation Staff recommends that the City Council pass a motion at the February 11, City Council meeting, authorizing staff to forward the January 2, 2008, draft of Fridley's 2030 Comprehensive Plan to our surrounding jurisdictions. � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 11, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS