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09-15-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE LIONS PARK CENTER MONDAY, SEPTEMBER 15, 2003 Members Present: Mayor Iadinzing, Councilmembers Dietz, Kuester, Mot_in, and Tveite Members Absent: None Staff Present: Also Present: City Administrator Pat Fdaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry, Maurer (7:30 p.m.), City Attorney Peter Beck, Police Chief Jeff Beahen, Recreation Manager Nfichele Bergh, City Clerk Joan Schmidt, and Recording Secretary Tina Allard Planning Commissioner Leo Offerman Park and' Recreation Commissioner Arthur Jackett and Paul Paige Call Meeting To Order Pursuant to due call and notice thereof, the meedng of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. Consider Council Agenda COUNClLMEMBER TVEITE MOVED TO APPROVE .THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. o Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 9/8/03 COUNCIL MINUTES 3.2. RESOLUTION 03-57 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 03-13 AMENDING CHAPTER 30 OF THE CITY OF ELK RIVER CITY CODE 3.3. WORKER'S COMPENSATION INSURANCE RENEWAL WITH LMCIT EFFECTIVE OCTOBER 1, 2003, THROUGH SEPTEMBER 30, 2004, WITH MANAGED CARE AND A $10,000 DEDUCTIBLE AND A PREMIUM OF $97,353 COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 2 September 15, 2003 4.1. Swearing in of Officer Brynell Blauert Police Chief Jeff Beahen introduced Brynell Blauert as a new police officer for the city. Mayor [adinzing s~vore in Ms. Blauert and Ms. Blauert's brother pinned the badge to her uniform. 4.2. Level III Sex Offender Update Police Chief Jeff Beahen stated that his department would be hosting a community notification meeting on September 23, 2003, to provide information regarding a Level III sex offender moving into Elk River. 4.3. 4.4. 4.6. Chief Beahen provided an update regarding the roof leak problems of the Public Safety facility. He stated that after some heavy rain ceiling tiles in the reception and transcription area dropped to the floor. He also stated there was water damage in the EOC and on the second floor of the police department. Chief Beahen contacted the architect and the contractor and they will be flooding the different parts of the building roof next ~veek to determine where the leaks are occurring. Homecoming Parade City Administrator Pat I~aers stated that the homecoming parade is scheduled for September 26 at 5:30 p.m. The Council discussed appropriate public purpose expenditures. The city administrator stated that it is the Council's decision as to whether buying and distributing candy is an authorized public purpose expenditure. COUNCILMEMBER MOTIN MOVED THAT THE COUNCIL WOULD PARTICIPATE IN THE PARADE AND AUTHORIZED FUNDS FROM COUNCIL CONTINGENCY FOR THE PURCHASE OF CANDY TO BE DISTRIBUTED AT THE PARADE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Utilities Update Council.member Dietz provided an update of the Utilities Commission meeting scheduled September 9, 2003. NCDA Update Senior Planner Scott Harlicker provided an update of the September 4, 2003, Northstar Corridor Development Authority meeting. Recreation Update Recreation Manager Michele Bergh introduced members of SOBAC (Student Organized Business Advisory Committee). She stated that the organization is interested in starting a youth run coffee shop in Elk River. City Council Minutes September 15, 2003 Shasta Rueckert, advisor-Stated that SOBAC received a grant for $5,000. She gave a history of SOBAC and their activities to date; including similar projects in other communtities. Page 3 Emma Vasseur, kigh school student-Explained the SOBAC organization and how the Elk River group would like to start a youth run coffee shop. Jason McDonald, high school student-Discussed past and current marketing efforts of the organization. Ryan Graham, high school student-Discussed the visibility and support the organization has received. He stated that SOBAC is looking for partnerships to help get the coffee shop in operation. Councilmembers asked the students a variety of questions and the students responded. Nh:. Graham stated that one of the buildings being considered is the old Snyder Drug building. He stated that once the coffee shop is operating, they would like it to be self-supporting. Ms. Bergh stated that a building option the Council could consider to help support the coffee shop is allowing the organization to operate out of the front area of the Emporium. Ms. Bergh stated that interviews have been completed for an office employee position. She gave some background on the applicant selected. COUNCILMEMBER TVEITE MOVED TO HIRE HEIDI BECKMAN AS THE PART-TIME RECREATION ASSISTANT/FACILITIES AND PROGRAMMING EMPLOYEE AT PAY GRADE 5, STEP 1, $11.32 PER HOUR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. Bergh provided an update of Recreation Department activities as outlined in her staff report. 5. Open Nhke 6.1. No one appeared for Open Mike. Request by Morcon Real Estate & Development, LLC to Change the Land Use from MTR ,(Medium Density Residential) to HB (Highway Business), Pubhc Hearing-Case No. LU 03-02 6.2. Request by Morcon Real Estate & Development, LLC for Rezoning from Rlc (Single Family Residential) to C3 (Highway Commercial). Pubhc Hearing-Case No. ZC 03-04 Director of Planning Michele McPherson stated that the applicant has withdrawn his requests for a land use change and a zone change but would likely be back with a new application in early 2004. COUNCILMEMBER KUESTER MOVED TO ACKNOWLEDGE THE WITHDRAWAL OF MORCON REAL ESTATE & DEVELOPMENT, LLC'S City, Council Minutes Page 4 September 15, 2003 APPLICATION FOR A LAND USE AMENDMENT AND A ZONE CHANGE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request bv Phoenix Enterprises for a Conditional Use Permit to Allow a Recreational Vehicle Retail/Service Facility,, Public Hearing-Case No. CU 03-24 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a conditional use permit for a recreational vehicle retail/service facility. He discussed the building addition, floor plan, vehicle servicing, Lighting, and Planning Commission action. Mr. Harlicker discussed some additional conditions not outlined m his staff report. Mayor F-2inzing opened the public hearing. There being no one to speak to this issue, Mayor K3inzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR RECREATIONAL VEHICLE SALES AND SERVICE WITH THE FOLLOWING CONDITIONS: UNLESS A VEHICLE IS LICENSED AND LEGAL TO DRIVE ON CITY STREETS, TEST RUNNING THE VEHICLE OUTSIDE THE BUILDING IS PROHIBITED. o THE LOADING DOORS SHALL BE KEPT CLOSED EXCEPT DURING DELIVERIES AND ALL SERVICING OF VEHICLES SHALL BE DONE INSIDE THE BUILDING. o ALL BUILDING AND PARKING LOT LIGHTING SHALL BE INSTALLED OR MODIFIED SO THAT NO GLARE EXTENDS ONTO ADJACENT PROPERTIES. 4. NO OUTDOOR STORAGE IS ALLOWED AT THE SITE. 5. ALL VENTILATION SYSTEMS MUST BE POINTED UPWARDS. 6. ALL DELIVERIES MUST OCCUR MONDAY THROUGH SATURDAY BETWEEN 8:00 A.M. AND 8:00 P.M. 7. MOTOR VEHICLE TEST DRIVING IS ALLOWED ONLY MONDAY THROUGH SATURDAY BETWEEN 8:00 A.M. AND 8:00 P.M. 8. NO TEST DRIVING IS ALLOWED IN RESIDENTIAL NEIGHBORHOODS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City, Council Minutes September 15, 2003 6.4. Request bv Guardian Angels by the Lake for a Conditional Use Permit to Construct a Garage, Public Heanng-Case No. CU 03-23 Page 5 Planner Chris Leeseberg submitted the staff report. 2vEt. Leeseberg stated that the applicant is requesting an amendment to the Orono Shores PUD to construct a double garage to store lawn equipment and maintenance supplies for Guardian Angels. He discussed zoning, conditional use permit standards, and Planning Commission acdon. Mayor Kflmzing opened the public hearing. Jim Aldrich, 13467 lg5th Lane-Stated that the garage would be located too close to the townhomes in the area. He would like to see the garage moved closer to the Guardian Angels complex. He stated that the current shed is always open and looks junky because many items are stored outside. Shari Emerson, Vice President Guardian Angels-Stated that a garage is needed for the extra storage. She stated that the new garage is fittracdve and she wasn't aware that the shed was always open but she ~vould remedy it. Mayor I<linzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT TO GUARDIAN ANGELS TO CONSTRUCT A GARAGE WITH THE FOLLOWING CONDITIONS: ' 1.. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING. AND ' FIRE CODES. o IF THE GARAGE IS TO BE EXPANDED FOR ANY REASON, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Phoenix Enterprises, LLC for Final Plat Approval .(Woods at Hillside Fourth Addition), Case No. P 03-12 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the apphcant is requesting fmal plat approval for Woods at Hillside Fourth Addition. He provided an overview of the project and discussed zoning, street and lot layout, landscaping, and park dedication requirements. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-58 GRANTING FINAL PLAT APPROVAL FOR WOODS AT HILLSIDE FOURTH ADDITION, CASE NO. P 03-12 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. City, Council Minutes Page 6 September 15, 2003 2. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 3. THAT THE MAILBOXES SHALL BE CLUSTERED. 4. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEES FOR 17 LOTS AT THE CURRENT RATE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. THE DEVELOPER SHALL PROVIDE A LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 11. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 12. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN THE SUBDIVISION ORDINANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by S&Z Investments Inc. for Final Plat Approval ,(SVest Oaks), Case No. P 03-04 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting final plat for West Oaks. He gave an overview of the plat and discussed street and lot layout, landscaping, and park dedication requirements. Mr. Harlicker stated that the applicant would like Conditions Number 2 and 21 (outlined in the staff report) removed, as they relate to the townhomes. The £mal plat is for the single-family lots only. The applicant will bring townhomes to Council for approval at a later date. City Council Minutes September 15, 2003 Page 7 City Engineer Terry Maurer arrived (7:30 p.m.). COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-59 GRANTING FINAL PLAT APPROVAL FOR WEST OAKS CASE NO. P 03-04 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. o PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 5. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 6. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES o A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS~ UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council Minutes September 15, 2003 Page 8 13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. 17. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 18. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO TttE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Scott Powell for Preliminary. & Final Plat Approval (Mississippi Highlands), Public Hearing-Case No. P 03-09 6.8. Request by Scott Powell for Conditional Use Permit for 5 Elk River Auto Stop, Public Hearing-Case No. CU 03-25 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting preliminary and final plat of Mississippi Heights and a conditional use permit for Elk River Auto Stop, a convenience store, auto service facility, and car wash. He provided an overview of the project and discussed street and lot layout, access, parking, landscaping, signage, and Planning Commission action. Mayor Iadinzing opened the public hearing for the preliminary plat and the conditional use permit. There being no one to speak to either of these issues, Mayor Kdinzing closed the public hearing. Mayor Kdinzing questioned whether the Highway 10 Interregional Corridor Study was considered when platting this project. City Engineer Terry Maurer stated that this project could be affected by the Highway 10 project but that he believed the city was also concerned about the redevelopment of this area. City Council Minutes September 15, 2003 Page 9 COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT AND TO ADOPT RESOLUTION 03-60 GRANTING FINAL PLAT APPROVAL OF MISSISSIPPI HIGHLANDS, CASE NO. P 03-09 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. MN/DOT'S COMMENTS SHALL BE ADDRESSED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR ELK RIVER AUTO STOP WITH THE FOLLOWING CONDITIONS: '~ 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE CANISTER LIGHTS ON THE BOTTOM OF THE CANOPY SHALL BE RECESSED SO THAT GLARE FROM THE LIGHTS DOES NOT SHINE ON TO ADJACENT STREETS AND PROPERTIES. 3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. 4. MN/DOT'S COMMENTS SHALL BE ADDRESSED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Request by Contractors & Consultants, Inc. for a Conditional Use Permit to Allow Outdoor Storage Associated with a Contracting Business, Public Hearing-Case No. CU 03-22 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the applicant is requesting a conditional use permit for outdoor storage related to a contracting business and an interim use permit for an existing residence. He discussed the standards for issuance of a conditional use permit. He further discussed the intenm use for the house, the outdoor storage, screening and landscaping, and Planning Commission action. Mayor Fdinzing opened the public heating. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. City Council Minutes September 15, 2003 Page 10 COUNCILMEMBER MOTIN MOVED TO APPROVE THE INTERIM USE PERMIT FOR THE RESIDENCE WITH THE FOLLOWING CONDITION: AN INTERIM USE TIME PERIOD OF THREE YEARS SHALL BE APPLIED TO THE RESIDENCE ENDING SEPTEMBER 15, 2006, OR AT THE END OF THE CURRENT TENANT'S OCCUPANCY, WHICHEVER IS SOONER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH THE FOLLOWING CONDITIONS: 1. ALL OUTDOOR STORAGE AREAS SHALL BE SURFACED WITH AN APPROVED SURFACE. 2. ALL CHAIN LINK FENCING SHALL HAVE OPAQUE SLATS. 3. THE FENCE ALONG THE EAST PORTION OF THE OUTDOOR STORAGE AREA SHALL BE A SOLID WOOD PRIVACY FENCE. 4. ROLL-OFF CONTAINERS SHALL NOT BE STACKED ON TOP OF ONE ANOTHER. 5. MOBILE STORAGE CONTAINERS SHALL NOT BE STACKED HIGHER THAN TWO. ALL STORAGE OF EQUIPMENT, VEHICLES AND CONTAINERS SHALL BE CONTAINED WITHIN THE FENCED AREA ON AN APPROVED SURFACE. DISPOSAL OF ALL MATERIAL, DEBRIS AND/OR MUNICIPAL SOLID WASTE (MSW) SHALL BE AT AN APPROVED MINNESOTA POLLUTION CONTROL AGENCY (MPCA) FACILITY. o THE SUBJECT PROPERTY SHALL NOT BE UTILIZED AS A TRANSFER STATION FOR CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW. ROLL-OFF CONTAINERS SHALL NOT BE STORED ON SITE WITH CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW IN THEM LONGER THAN THE NEXT AVAILABLE OPERATIONAL DAY OF A LANDFILL. 10. ROLL-OFF CONTAINERS STORED ON SITE WITH CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW SHALL BE COVERED WITH A CANVAS TARP THAT IS PROPERLY SECURED TO THE CONTAINER. City Council M. mutes Page 11 September 15, 2003 11. THERE SHALL BE NO STORAGE OF ANY DEMOLITION CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW IN THE OUTDOOR STORAGE AREA OR WITHIN ANY STRUCTURES ON THE PROPERTY. 12. THERE SHALL BE NO BURNING OF ANY CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW. 13. CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW SHALL BE PROPERLY DISPOSED OF AS REQUIRED BY LAW. PROPER CIRCULATION SHALL BE MAINTAINED, AS DETERMINED BY THE FIRE CHIEF, WITHIN THE OUTDOOR STORAGE AREA. 15. ISSUANCE OF CONDITIONAL USE PERMIT SHALL BE CONTINGENT ON THE APPLICANT OBTAINING A HAULER LICENSE FROM BOTH SHERBURNE COUNTY AND CITY OF ELK RIVER. 16. THE APPLICANT SHALL OBTAIN ALL APPLICABLE LICENSES FROM SHERBURNE COUNTY. 17. THE APPLICANT SHALL MEET ALL MPCA REGULATIONS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request by Roxanne & Robert Erbstoesser for a Conditional Use Permit for a Home Beauty. Salon, Public Hearing-Case No. CU 03-21 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a conditional use permit (CUP) for a home occupation of a beauty salon. He discussed hours of operation, the salon layout, and Planning Commission action. Mr. Harlicker stated that the applicant also has a cabinet business out of a detached garage located in his backyard. He stated that the applicant has a CUP for the cabinet business but that the CUP is more for the making of crafts; therefore the CUP will need to be amended by the applicant. Mayor Klinzing opened the public hearing. Barbara Lavelle, 11783 191't Avenue-Stated concerns over the number of businesses the applicant is allowed to have in the home. She is concerned that her neighborhood may eventually be rezoned to commercial. She is also concerned with traffic, noise, and property values. Dick Vatgs, 11814 191st Avenue-Stated that he is concerned about traffic and speeding in the area but not due to the applicant's businesses. He stated that the cabinet business is quieter that it has been in the past. Nix. Vatgs is not opposed to the conditional use permit for the applicant. Mayor Klinzing closed the public hearing. City Council ~vfmutes September 15, 2003 Page 12 City Attorney Peter Beck stated that it is possible for the applicant to come forward with a rezoning request but that it was unlikely to be approved as it would go against the intent of the Comprehensive Plan. Councilmember Dietz questioned if this item could be tabled until the CUP for the cabinet business comes forward to Council. Mr. Beck stated that this item has to comply with the 60 day rule unless waived by the applicant. Robert Erbstoesser, applicant-Stated that he needed to get the beauty salon operating in order to receive income so he would like this item decided tonight. He stated he would be amending his CUP for the cabinet business. Mayor Iadinzing explained to the applicant that by deciding to continue ~vith the CUP for the beauty salon tonight, his CUP for the cabinet shop may be in jeopardy of having more restrictions placed upon it or of it being denied. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A HOME OCCUPATION OF A BEAUTY SALON WITH THE FOLLOWING CONDITIONS: THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. IF ADDITIONAL WORKSTATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. ALL PARKING SHALL BE IN THE DRIVEWAY AND 2 SPACES SHALL BE DESIGNATED FOR THE SALON. 5. THE HOURS OF OPERATION SHALL BE LIMITED TO 9:00 A.M. TO 7:00 P.M. THE APPLICANT SHALL APPLY FOR A CONDITIONAL USE PERMIT WITHIN 60 DAYS FOR THE CABINET BUSINESS CURRENTLY IN OPERATION ON HIS PROPERTY. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor K2inzing questioned whether condition number 6 could be tied to the CUP for the beauty salon. City Attorney Peter Beck suggested the motion be changed to state the cabinet business should cease operations if a CUP is not applied for within 60 days. COUNCILMEMBER MOTIN AMENDED HIS MOTION FOR CONDITION NUMBER SIX TO STATE, "THE APPLICANT SHALL APPLY FOR A CONDITIONAL USE PERMIT WITHIN 60 DAYS FOR THE CABINET City Council Minutes Page 13 September 15, 2003 BUSINESS CURRENTLY IN OPERATION ON HIS PROPERTY OR ELSE HE MUST CEASE HIS BUSINESS." Mayor I42inzing stated that condition number six should be acted upon separately and not tied to the CUP for the beauty salon. Councilmember Dietz questioned which business must cease operation. Councilmember Motto stated it would be the cabinet business, which currently should not be in operation without an amended CUP. Mayor KAinzing again stated that there would be no reason to tie condition number six to the beauty salon CUP. COUNCILMEMBER MOTIN MOVED TO WITHDRAW CONDITION NUMBER SIX FROM HIS MOTION FOR THE APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE BEAUTY SALON. COUNCILMEMBER TVEITE ACCEPTED THE WITHDRAWAL OF THE CONDITION. THE MOTION PASSED 4-1. Councilmember Dietz opposed. Councilmember Tveite stated that he believed condition number slx could have been left in as the cabinet business does affect the land use of this property and is no different than stating a condidon such as "the applicant must follow all building code requirements." He stated that the condition would be a conformance reqttirement. COUNCILMEMBER MOTION MOVED TO DIRECT STAFF TO TAKE ACTION TO CEASE THE CABINET SHOP BUSINESS IF THE APPLICANT DOES NOT COME FORWARD WITH A CONDITIONAL USE PERMIT FOR THE BUSINESS WITHIN 60 DAYS. COUNClLMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor K2inzing stepped away from the meeting for a few minutes. 6.11. Request by Elk River Business Park, LLC for an Easement Vacation, Public Hearing-Case No. EV 03-04 Director of Planning Micheie McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting drainage and utility easements located on either side of the westerly lot line of Lot 5, Block 1, Elk River Business Park be vacated due to some lot changes from an earlier approved administrative subdivision. Vice Mayor Kuester opened the public hearing. There being no one to speak to this issue, Vice Mayor Kuester closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-61 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 03-04. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes September 15, 2003 6.12. Request by the City. of Elk River to Rezone Certain Properties from C1 (Central Page 14 Commercial) and C2 (Office District), to DD (Downtown District) Public Hearing-Case No. ZC 03-05 Planner Chris Leeseberg submitted the staff report. N[r. Leeseberg stated that the city is requesting to rezone property in the downtown area between Parish Avenue and Lowell Avenue from C1 (Central Commercial) and C2 (Office Commercial) to DD (Downtown District) as outlined in the staff report. He discussed the reasoning for the change and compared it to the current zoning. Vice Mayor Kuester opened the public hearing. There being no one to speak to this issue, Vice Mayor Kuester closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 03-15 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 03-05. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor I~dinzing returned to the meeting. 6.13. County Road 40 Right-of-Way City Engineer Terry Maurer stated that Sherburne County requested to withdraw this item indefmately. '~ COUNCILMEMBER MOTIN MOVED TO ACCEPT THE WITHDRAWAL OF THE COUNTY ROAD 40 RIGHT OF WAY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Mr. Maurer stated that bids have been received and opened for the Highway 10/Main Street intersection improvements. He stated that the lowest bid was from Forest Lake Contracting in the amount of $205,618.95 and the city received federal funding for this project. The project was estimated at $338,632. He stated that the project would be completed this year and that Mare Street would be closed for approximately four weeks. COUNCILMEMBER TYEITE MOVED TO ADOPT RESOLUTION 03-62 ACCEPTING THE BID AND AUTHORIZING EXECUTION OF THE CONTRACT IN THE MATTER OF THE TRUNK HIGHWAY 10/MAIN STREET INTERSECTION IMPROVEMENT OF 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. County Jail Research and Options Director of Planning Michele McPherson stated she conducted research on the need for pubic hearings regarding the Sherburne County jail expansion. She provided a history of the two ordinance amendments completed on 2001. She explained her interpretation of the ordinance and the definitions of governmental offices, governmental buildings, and jails. Ms. McPherson explained the issues that the Council should consider, as outlined in her staff City Council Minutes Page 15 September 15, 2003 report. Ms. McPherson explained that her interpretation of the ordinance was that the county would not need a conditional use permit to expand the jail. Councilmember Kuester stated that she considers the square footage of the jail facility to be an important factor in determining whether a CUP is needed. She stated that a normal county, jail facility would be much smaller. She considers the jail to be an accessory use to the courthouse functions. She stated that the jail will have a large impact on the surrounding neighborhood and the neighbors may have issues that the county or the city may not have considered. Councilmember Kuester stated that it was clear to her in previous minutes that the City Council did not want the jail in the area and that if there were any future expansions, it should come before the Council as a CUP. Councilmember Kuester stated that if the city can force a resident who wants to have a home salon business to apply for a CUP then a project as large as the jail facility should also be required to obtain a CUP. She stated that there should be better communication between the city and the county regarding facility planning. Councilmember Motin stated he bel/eved the Sherburne County jail would fall under the definition of a correctional facility and not a j,-fil. He stated that the county jail is not being operated as part of the county courthouse as the county brings in inmates from outside the community and holds them for these other communities and for the federal government. He stated that he believes the Sherburne County jail falls under the M2q Statutes def'mition of a correctional facili~. Nix. Beck stated that in 2001 his understanding from the Council was that the Council did not want to interfere with the county's right to expand their facility, but that the Council did want to have any jail expansion be subject to CUP review. He stated that the language in the current ordinance was intended to require a CUP for a jail expansion beyond what the county needs for county purposes. He stated that the Council should consider an ordinance amendment to make the language more clear. Mr. Beck stated that an argument could be made that the county jail does not fall under the MN Statutes definition of correctional facility if people are typically there for less than a year. Councilmember Motin disagreed with the time limidtations under the M2q Statutes. Councilmember Tveite stated that he concurs with Councilmember Motin. He believes that the county jail goes beyond the scope of the county's regular business and it should require a CUP. Mayor I(flmzing stated that the jail is not typical of a county jail as it houses federal prisoners. She stated that she felt the jail is a correctional facility and should require a CUP. City Administrator Pat I~daers questioned whether the gun range is consistent with the permitted use defmirions or if it would require a CUP. He also stated that bonds have probably been awarded for this project and it may be too late to make the county come forward with a CUP and still meet their construction time table. Mr. Beck stated that it is not too late to have the county apply for a CUP if they have not applied for a building permit yet. COUNCILMEMBER MOTIN MOVED TO DIRECT STAFF TO NOTIFY SHERBURNE COUNTY THAT UNDER THE DEFINITION OF GOVERNMENTAL BUILDINGS AND FACILITIES IN SECTION 30-1 OF THE Ci~ Council Minutes Page 16 September 15, 2003 CITY CODE OF ORDINANCES THE COUNTY IS REQUIRED TO OBTAIN A CONDITIONAL USE PERMIT FOR EXPANSION OF THE JAIL AND FURTHER MOVED THAT THE CITY COMPLETE AN ORDINANCE AMENDMENT TO CLARIFY THE LANGUAGE AS DISCUSSED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. 8.3. Ice Arena Floor Engineer Proposal City Administrator Pat I4flaers stated that the Ice Arena would be replacing the flooring for the Barn and that the information is outlined in Ice Arena Manager Rich Czech's staff report. Department of Revenue Local Sales Tax Study Mr. Klaers stated that the Department of Revenue is completing a sales tax study. He stated he would like to send a letter to the Department stating the City Council's support for retaining the local sales tax. COUNCILMEMBER TVEITE MOVED TO DIRECT THE CITY ADMINISTRATOR TO SEND A LETTER TO THE DEPARTMENT OF REVENUE STATING THE COUNCIL'S SUPPORT FOR RETAINING THE LOCAL SALES TAX. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Adjournment There being no further business, Mayor Fdinzing adjourned the meeting of the Elk River City Council at 9:35 p.m. Tina Allard Executive Secretary