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02-24-1992 CC MIN . . . MEETING OF' THE ELK RIVkR CITY COUNCIL HELD AT SALK JUNIOR HIGH SCHOOL MONDAY, FEBRUARY 24, 1992 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Holmgren, Schuldt, and Kropuenske MEMBERS ABSENT: None STAFF PRESEN1': Patrick Klaers, City Ad~inistrator; Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Sandr~ Thackeray, City Clerk; Lori Johnson, Finance Director; Phil Hals, Street/Park Superintendent; William Rubin, Economic Development Coordinator; Terry Maurer, City Engineer; Dave Sellergren, City Attorney; Zack Johnson, Architect for City Hall Project; and Rita Johnson, Planning Commission Representative 1. Call Meetin~ to Org~r Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 2/24/92 City Council Agenda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 2/24/92 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Administrative Subdivjsion by Richard JIillk]e/Public Hearing (Withdrawn) Mayor Tralle indicated that the administrative subdivision which had been advet'tised as a public hearing by Richard Hinkle has been withdrawn indefinitely. 3.2. Conditional Use Permit/City of Elk River Citv Facility Site/~lblic Hearing 3.3. Street Vacation/City of Elk River/Orono Road/Public Hearin~ 3.4. Final Plat/City of Elk River/City Facilities Mayor Tralle stated that the City Council will act on three separate requests regarding the proposed City Hall/Police Station facility. The requests being considered are a conditional use permit for the governmental facility in a residential zone, the right-of-way vacation of the existing Orono Road, and the final plat of Replat #1 Gospodor's Orono Lake Addition. He stated that staff would give a presentation regarding the three aspects of the proposal and following staff's City Council Minutes February 24, 1992 Page 2 . presentations, the City Council would receive public input through the public hearing process. Zack Johnson, the City's Architect for the City Hall/Police Station project, reviewed the process the CommUnity Center Task Force followed in 1990 to determine the type of community center that would be appropriate for the City of Elk River and where this facility should be located. He stated that the group worked together for approximately 12 months reviewing the types of activities that should be considered as part of the community center. Zack Johnson explained that the Task Force recommended that a campus type cdncept be followed when considering land purchases for a city "all facility and a community center. Zack stated that 16 sites were identified for a campus-type facility, and out of the 16 sites, two sites were recommended. Those sites being the Nord si te and the Morrell site. Zack, .Tohnson j ndicated that after considering the size and cost of such a facility, the City Council felt that the voting public would not support a community center referendum. Therefore, the community center proposal was put on hold for future consideration and the City Council concentrated its efforts on a city hall facility along with obtaining a site to accommodate a ci ty hall bu ild ing and a future community center. . In January of 1991, the site selection process for the City Hall/Police facility began. Twelve sites were considered for thi.s facility. Mr. Johnson explained that the twelve sites considered were narrowed down to six possible sites. After six months of reviewing many site selection factors, the City Council selected the Gospodor site for a city hall facility and future community center. . Patrick Klaers, City Administrator, further reviewed the site selection process and how the Gospodor site was selected for the City Hall/Police Station facility. He explained that while the City was in the process of reviewing the twelve sites, the City became aware that the Gospodor site was potentially available. Pat Klaers reviewed a letter sent to the City from Mr. Gospodor's Attorney. The letter indicated that Mr. Gospodor had intended to plat part of the 17 acre property that was not intended to be gifted to the City of Elk River for its city hall and future community center. The City Administrator indicated that after further review of the sites, the City determined that the Gospodor site met the long term needs of the City and the City Council had a strong desire to acquire the additional land that would not be gifted to the City by Gospodor. The City Administrator further indicated that Mr. Gospodor consented to sell the City the remaining property based on the stipulation that the lakeshore property be available for public use for the long term future. The City Administrator concluded with the fact that the City negotiated a price and purchased the property in July of 1991 from Mr. Gospodor. A total of 17 acres, including the purchased property and the gifted property, was therefore available for the city hall project, a future community center project and park and recreation uses. City Council Minutes February 24, 1992 Page 3 -------------------- . Zack Johnson, Architect with Eos Architecture, reviewed the proposed building site layout for the City Hall/Police Station facility at the Gospodor site. Zack Johnson further ihdicated that it was the City's intent to keep the lakeshore property as natural as possible. He further stated that the DNR lakeshore Setback requirement of 100 feet would not be encroached upon by future buildings. Additionally, soil conditions at the site limited the huilding location. Zack Johnson reviewed the park and recreation proposals for the site. It was indicated that the purchase of this land, and making the lakeshore available to the public through the development of the city trail system, was consistent with the Master Park and Recreation plans. Zack stated that the Park and Recreation Commission will be considering park and recreation proposals for the area in the next few months but that no significant park development is expected until 1993. . Pat Klaers, City Administrator, reviewed the financial resources for the City Hall revenue bonds. He informed the public that since 1985 the City Council has indicated its desire to construct a City Hall without a tax increase. He stated that since then, three main sources of revenues have become available. Those revenues being, the Liquor Store profits, the landfill surcharge, and the NSP payment in lieu of surcharge. He further informed the public that the bonds that were sold were revenue bonds and not general obligation bonds, therefore, negating the necessity of a public referendum. Pat Klaers reviewed the approval process for the City Hall/Police Station facility. He indicated that a site selection for such a facility does not require a public hearing. He further indicated that the preliminary plat and conditional use permit do require a public hearing to review the details of the project and he indicated that puhlic hearings are being held for these two processes. Janelle Szklarski, Zoning Assistant, reviewed the conditional use permit, final plat, and street vacation in relation to zoning requirements. She indicated that the conditional use permit and plat have been reviewed by the Planning Commission and that many public concerns have been incorporated into the plans presented to the City Council tonight. Janelle Szklarski reviewed the following items: building, parking and loading, lighting, ingress and egress, traffic, landscaping, and screening, safety, drainage, and signage. . Rita Johnson, Planning Commission Representative, indicated that the Planning Commission reviewed the conditional use permit request against the seven standards that are required by the City to approve a conditional use. She stated that the Planning Commission recommended approval of the conditional use permit with 15 stipulations. She further indicated that the 15 stipulations also include the 10 points requested by the neighboring residents. Rita Johnson then proceeded to read the 15 stipulations. Janelle Szklarski reviewed the street vacation request. She indicated that the existing Orono Road which runs through the proposed plat City Council Minutes February 24, 1992 Page 4 -------------------- . should be considered for vacation, as lhe right-of-way is not needed and it is in the best interest of the City to approve the vacation of this right-of-way. She further indicated that staff feels that due to the proposed realignment of Orono Road and the temporary street connection through the City Hall plat, the existing right-of-way for Orono Road is not needed. Janelle Szklarski indicated that the city Council gave preliminary plat approval to the Replat #1 Gospodor's Otono Lake Addition at the January 27, 1991, City Council meeting. She indicated that staff is recommending approval of the final plat at this time with five stipulations. Mayor Tralle opened the public hearing. The following public comments were made: Jack Klein, 1808 Main Street, indicated that he is in favor of the use of the land for a City Hall/Police Station facility site. He further indicated that he also in favor of preserving the lakeshore and he feels the proposed City project would preserve the lakeshore. Mr. Klein further noted that the City should consider the future community center building and be sure that the building will be located further than 100 feet from the lakeshore. . Joe Berglove, 18860 Concord, indicated his approval for the City Hall and community center in the location, hut questioned ,why the City could not move the facility further away from the lakeshore. He indicated that the building could be redesigned to allow for more lakeshore use by the public. Paul Bell, 18270 Fresno, requested that the City consider moving the City facility away from the lakeshore and to move the road away from the homes. Jeff Lundeen indicated that he is not a current resident of the City of Elk River; however, he is considering the purchase of a home in the City. He questioned how wide Orono Road will be when completed. He further questioned whether there would be a bike trail and walking trail and what type of traffic is expected in the area. Larry Hickman, 12888 187th Circle NW, stated he would like to see more emphasis on parks. He further indicated he feels the community center is needed more than a City Hall. He requested whether the proposed facilities could be redesigned so more lakeshore can be preserved. . Dan Nicholson, 19732 Polk Street, indicated that once the City purchases the property, the land will be taken off the tax roles. He further indicated that the building should be moved back from the lakeshore and a long term vision should be sought to allow the community direct access to the lake for park and recreational purposes. Dan Kol1es, 18299 Concord Street, questioned the traffic pattern once the facili ties are complete and how the children would be able to City Council Minutes February 24, 1992 Page 5 -------------------- . access the park land. He suggested mo\ring the building away from the lakeshore and constructing bike-ways ahd walk-ways along the lakeshore. David Briggs, 18927 Albany Street, indicated he did not feel the City Hall facility should be in the proposed location. He stated that a recreational and residential area is the wrong place for a City Hall. He further indicated that emphasis should he placed on the parks and felt there were many better sites for City Hall than the proposed Orono location. He stated he was not convinced that a combined facility was necessary. Mr. Briggs indicated he did not feel he was adequately informed of the site location and the building structure process. Cecelia Scheel, 10271 213 Avenue NW, indicated her concern that all citizens be able to use the park. Mrs. Scheel also had a concern regarding financing. She felt that although the City is not requesting a referendum, the City is still taking money away from other projects by building the City Hall/Police Station facility. Mrs. Scheel also questioned a State Statute regarding the need for the City to go to the public with a referendum for monies to build the City Hall because of the method of financing used by the City. . Bob Dilley, 12943 Orono Road, indicated he did not agree with the location for the City facility. He stated he did not want to see squad cars in a residential neighborhood and would rather see the City Hall/Police Station located along Highway 10. He stated that a City office facility does not belong in a residential arel'l;. Craig Hagman, 18230 Fresno Street, thanked the City Council and the Planning Commission for helping the neighborhood with their concerns regarding the site. Mr. Hagman questioned whether the City ha.d considered using the E & 0 Tool site to locate the City Hall/Police Station facility. He questioned when the City purcha.sed the E & 0 Tool site and further questioned when the community center would be built. Mr. Hagman presented the Council with a rlrawing showing that the community center City Hall facilities fit on the E & 0 Tool site and suggested that the Council consider moving the facilities to the E & 0 Tool site. Mark Palmer, 957 Main Street, indicated he would rather see the community center located at the Lake Orono site and the City Hall located along Highway 10. Amy Rakozy, 354 Baldwin, indicated that she is in favor of the project and the proposed site. She stated that she felt the City's goal is to protect the community and having the police department in this park area will help in this regard. . Bill Christian, 18847 Dodge Ave NW, indicated he feels the City has done a good job on the project and that a lot of thought and research has gone into the project. He indicated that he lives near the present Police Station and does not hear many sirens. George Zabee, 329 Morton Avenue, questioned how much more recreation uses Lake Orono cOllIrl take. He stated that the City had many reasons City Council Minutes February 24, 1992 Page 6 -------------------- . for considering the Lake Orono site; the main reason being that it was the most economical site. Tom Hartman, 18675 Macon Street, indicated he is in favor of the proposed site location. Mr. Hartman indicated that the lake already has problems with silting and felt that if the property were subdivided and more residents moved onto the property, it would create a bigger problem. Bob Turcotte, 18184 Albany, Mr. Turcotte indicated that Orono Park is already over used. He suggested that the City consider putting the Ci ty facility at the Lion's Park site as that location is very seldom used. Eleanor Todahl, 18869 Boston Street, indicated she felt the City needs more recreational facilities. She stated this was more important than building a City Hall. There being no further comments, Mayor Tralle closed the public hearing. The following issues of concern were addressed by City staff and Council. . Zack Johnson addressed the questions in regard to the location of the City facilities. He noted that the City facilities are located further than 100 feet from the shoreline. He further noted that the main reason for not moving the faci]i ties further away from the shoreline is because of the poor soil conditions. Soil corrections would be necessary in order to move the facility further from the shoreline. Terry Maurer stated that the traffic lanes of the parkway will be 22 to 25 feet wide. Terry Maurer further indicated that traffic will be controlled by a stop sign. He indicated that the best location for this stop sign has not been determined. However, the issues will be discussed and reviewed according to MnDOT criteria. Zack Johnson addressed the site location. He indicated that the site was chosen because of economics, availability of the site, timing, and future expansion capabilities and the City felt this was the best site available. Lori Johnson addressed the financing concerns. She indicated that a public referendum is not necessary because the City is financing the project through a revenue bond and not a general obligation bond. . The Chief of Police, Tom Zerwas, addressed the concerns regarding police vehicles in a residential neighborhood. He indicated that it is estimated that the officers exit from the Police Station in an emergency situation approximately one time in a 24 hour period. The Police Chief stated that police officers are usually on the road when emergency calls come in, therefore, they are not being dispatched from the City Police Station. He further stated that if the officers are dispatched from the Police Station, they would use caution at all times. City Council Minutes February 24, 1992 Page 7 -------------------- . Zack Johnson addressed the question regarding the E & 0 Tool site. He indicated that the E & 0 Tool site was reviewed as one of the possible sites for a City Hall. He indicated the site was not large enough to accommodate setbacks and parking requit'ements for the entire City Hall and community center complex. Mayor Tralle addressed the issue regarding placing the City Hall facility in Lion's Park. Mayor Tralle indicated that Lion's Park is a peat bog and it would not be feasible to building a City facility on that site. The City Council recessed at 9:07 and reconvened at 9:18 p.m. . Councilmember Schuldt stated that the lakeshore property is zoned R-1, single-family zoning. He indicated that if the City did not accept the gift from Mr. Gospodor, there would be no guarantee that a future Council would not rezone the lakeshore property. He further indicated that if the City had accepted only the gift from Mr. Gospodor, Orono Road would still be moved further to the south. He stated this was because of an agreement with the City, County, and Mr. Gospodor a number of years ago to allow Mr. Gospodor to replat the lake property into residential lots. Councilmember Schuldt indicated that the City does not own the current building they are located in, therefore, the City is annually using tax payer's money for the building. He further stated that the City Hall facility and Police Station need more space. He indicated that the new facility will not be financed through tax money. Councilmember Schuldt stated that after looki'ng at all the sites, he felt this was the best viable site for the money. Councilmember Kropuenske stated that a lot of time and planning has gone into the proposed ci ty hall facility. He stated that the City Council has thoroughly considered what is needed for the community to allow adequate space for growth into the future and also to protect the lake. He further indicated that the City is not asking to raise taxes to build the project. Councilmember Kropuenske stated that he felt the City is bringing the best project possible to the citizens without increasing taxes. Councilmember Dietz questioned what would happen if the City decided to move the project back from the lakeshore 25 to 50 feet. Zack Johnson indicated that it would probably cost the City about $30,000 more to move the property back 25 feet. Councilmember Dietz suggested moving the building back 25 feet and further stated that he felt the location is the best site out of all the locations considered. Councilmember Holmgren indicated that he is pleased to see there are a number of people concerned about the community. He indicated that he felt it would be best to move the facilities back 25 feet from the lakeshore and continue on with the project. . Mayor Tralle supported moving the facilities back from the lakeshore. He stated there is a need in the community for young people to recreate, and he will do all he can to get phase I of the community center on a public referendum in 1994. City Council Minutes February 24, 1992 Page 8 -------------------- . 2. 3. 4. 5. 6. 7. . 8. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CITY HALL/POLICE STATION ALONG THE SOUTH SHORELINE OF LAKE ORONO WITH THE FOLLOWING STIPULATIONS: 1~ THAT THE LANDSCAPING BE INSTALLED AS INDICATED ON THE PLAN PROVIDED, WITH APPROPRIATE MEASUR~S TAKEN TO GUARD AGAINST SOIL EROS ION. THAT LIGHTING ON THE SITE BE DIRECTED AWAY FROM THE RIGHT-OF-WAY, RESIDENTIAL PROPERTIES, AND THE LAKE AS SHOWN ON THE PLAN PROVIDED. THAT THE HANDICAP STALLS BE ENLARGED TO A MINIMUM Of 12 FEET EACH WITH APPROPRIATE SLOPES OBTAINED FOR THE RAMPS. THAT THE TRASH RECEPTACLE BE SCREENED AS WELL AS ANY MECHANICAL EQUIPMENT. THAT SIGNAGE FOR THE SITE BE AS PER CITY CODE, WITH APPROPRIATE DIRECTIONAL SIGNS BEING USED. THAT THE PARKING LOT BE HARDSURFACED WITH CONCRETE CURB AND GUTTER AS INDICATED ON THE SITE PLAN. THAT A STOP SIGN BE PLACED AT THE INTERSECTION OF 183RD AVENUE AND THE WESTERN ACCESS TO CITY HALL. THAT ANY ALTERATIONS ALONG THE SHORELINE, ESPECI'ALLY WITHIN THE SHORE IMPACT ZONE, COMPLY WITH THE EROSION CONTROL STANDARDS AS OUTLINED IN THE SHORE LAND ORDINANCE. 9. THAT THE CITY IS RESPONSIBLE FOR PLANTING THREE ROWS OF SPRUCE TREES ALONG THE SOUTHERN BOUNDARY OF THE PLAT AND CONTINUING NORTH ALONG THE EASTERN PLAT BOUNDARY TO BUFFER THE RESIDENTIAL PROPERTIES FROM 1'HE NEWLY CONSTRUCTED ORONO PARKWAY. FURTHER THAT THESE TREES BE PLANTED TO ENSURE 80% OPACITY. 10. NEITHER FRESNO STREET NOR DENVER STREET SHALL BE PERMANENTLY CONNECTED TO ORONO PARKWAY UNLESS THIS CONDITIONAL USE PERMIT IS AMENDED PURSUANT TO THE PROCEDURES SET FORTH FOR SUCH AN AMENDMENT IN THE ELK RIVER CODE OF ORDINANCES, PLUS THE FOLLOWING ADDITIONAL PROCEDURES: . A. A PUBLIC HEARING SHALL BE HELD BEFORE THE CONDITIONAL USE PERMIT IS AMENDED TO CONNECT EITHER FRESNO STREET OR DENVER STREET TO THE ORONO PARKWAY. NOTICE OF THIS PUBLIC HEARING SHALL BE GIVEN AS REQUIRED BY THE CITY CODE, AND WRITTEN NOTICE OF THR HRARING SHALL BE MAILED TO ALL PROPERTY OWNERS IN ORONO LAKE THIRD ADDITION. B. THE CONDITIONAL USE PERMIT SHALL NOT BE AMENDED TO PERMIT CONNECTION OF EITHER FRESNO STREET OR DENVER STREET TO THE ORONO PARKWAY, EXCEPT BY THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE CITY COUNCIL. IF THE CONNECTION IS PETITIONED FOR BY FIFTY PERCENT (50%) OR MORE OF THE PROPERTY OWNERS WITHIN City Council Minutes February 24. 1992 . . Page 9 ORONO LAKE THIRD ADDITION, A MAJORITY VOTE OF THE CITY COUNCIL SHALL BE SUFFICIENT TO SO AMEND THE CONDITIONAL USE PERMIT. 11. THAT THE LIFT STATION BE PLACED ON THE NORTH SIDE OF THE PARKWAY EAST OF THE TEMPORARY STREET. ALSO THAT THIS LIFT STATION IS ARCHITECTURALLY HARMONIOUS TO THE CITY HALL BUILDING AND THAT APPROPRIATE LANDSCAPING BE INCORPORATED AROUND THE STRUCTURE SO AS TO MAKE IT AESTHETICALLY PLEASING. THAT THE PARK AND RECREATION COMMtSSION MAIL NOTICES TO ALL RESIDENTS WITHIN 350 FEET FROM THE AFFECTED PROPERTY, TO ALL RESIDENTS OF ORONO LAKE THIRD ADDITION, AND TO ALL RESIDENTS WHO SPOKE AT THE PUBLIC HEARINGS FOR THIS ITEM, OF THEIR FIRST AND FINAL MEETINGS WHERE THEY WILL BE DISCUSSING LANDSCAPING AND OTHER IMPROVEMENTS TO THE SITE SO AS TO PROVIDE ADDITIONAL OPPORTUNITIES FOR PUBLIC INPUT ON PRESERVATION OF THE ORIGINAL ENVIRONMENTAL HABITAT. 12. 13. THAT CAREFUL STUDY BE GIVEN TO THE EXIT PATTERNS OF EMERGENCY VEHICLES INCLUDING THE EXPLORATION OF ALTERNATIVE ROUTES. ALSO, THAT THE CITY ENCOURAGE THE WESTERN EXTENSION OF 183RD AVE AS SOON AS POSSIBLE TO ALLOW FOR AN ALTERNATIVE ROUTE TO HIGHWAY 10 FOR EMERGENCY VEHICLE USE. 14. THAT LIGHTING WITHIN THE PARKWAY IS SAFE AND SU~DUED SO AS NOT TO INFRINGE ON THE PRIVACY OF THE RESIDENTS IN THE AREA. 15. THAT THE REALIGNMENT OF THE INTERSECTION OF COUNTY ROAD 30, MAIN STREET AND ORONO ROAD IS ACCOMPLISHED SO AS TO KEEP COUNTY ROAD 30 AS A THROIJGH STREET WITH A STOP SIGN ON ORONO ROAD. 16. THAT THE BUILDING BE MOVED APPROXIMATELY 25 FEET FURTHER FROM THE LAKESHORE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Mayor Tralle suggested adding some wording to the motion under Item #12 indicating that a display ad will be taken out in the Elk River Star News regarding any discussion to the City Hall/Police facility site. COUNCILMEMBER KROPUENSKE MOVED TO AMEND THE MOTION BY ADDING THE FOLLOWING WORDING TO ITEM #12 THAT A DISPLAY AD BE TAKEN OUT FOR THE FIRST DISCUSSION AND PRIOR TO THE PUBLIC HEARING ON THE PARK AND RECREATION COMMISSION RECOMMENDATIONS. COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION, AS AMENDED, CARRIED 5-0. . COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-08, A RESOLUTION FOR VACATING THE STREET RIGHT-OF-WAY OF A PORTION OF ORONO ROAD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . City Council Minutes February 24, 1992 Page 10 -------------------- COUNCILMEMBER SCHULDT MOVED TO APPROVE THE FINAL PLAT OF REPLAT #1 GOSPODOR'S ORONO LAKE ADDITION WITH THE FOLLOWING STIPULATIONS: 1. THAT OUTLOT A BE DEDICATED SPECIFlCALLY FOR PARK PURPOSES IN LIEU OF PARK DEDICATION FEES. 2. THAT THE CITY IS RESPONSIBLE FOR INSTALLING STREET SIGNS AND STREET LIGHTS IN THIS PLAT. 3. THAT APPROVAL OF THIS PLAT IS CONTINGENT UPON THE ADOPTION OF THE PHASE I IMPROVEMENTS WESTERN AREA FEASIBILITY STUDY BY THE CITY COUNCIL. 4. THAT THE LIGHTING BE SAFE AND SUBDUED SO AS NOT TO AFFECT THE PRIVACY OF THE RESIDENTS IN THE AREA. 5. THAT THERE BE APPROPRIATE SCREENING, BY WAY OF VEGETATION, OF SUCH A NATURE THAT THE QUALITY OF THE VEGETATION WILL SCREEN AND ABSORB THE NOISE OF POLICE VEHICLES FROM RESIDENTS CLOSE TO THE ROAD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 9:52 and reconvened at 10:00 p.m. 3.5. Ordinance AIDendment Sexually Oriented Land Uses/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, indicated that a moratorium on locating adult related land uses within the City limits was passed on April 30, 1990. He stated that since that time, the Planning Commission and staff have studied the issue in order to present the City Council with a recommendation on appropriate regulations for this type of use. Steve Rohlf reviewed the proposed ordinance amendment to Chapters 9 and 7 of the Elk River City Code regarding defining, regulating, and licensing adult and sexually oriented establishments and land uses. Steve Rohlf stated that the City is much better off having an ordinance regulating the subject rather than having no ordinance and being unprotected. Planning Commission Representative, Rita Johnson, thanked the citizens of Elk River for their input on this subject. She indicated her negative vote was because of her concern regarding the issue. Mary Eberley, Planning Commission Representative, was present and stated she was the other descenting vote on the Planning Commission level. She stated she did not feel that this type of activity is conducive to the health, safety, and welfare of the community. Mayor TraUe indicated that the City Council must be aware of the Constitution and further stated that the City also wants an ordinance that would be defendable in Court. Mayor TraUe opened the public hearing. Rosie Elizondo, 18235 188th Avenue NW, questioned the Council about the Ramsey Adult Book Store. City Council Minutes February 24, 1992 Page 11 . Daryl Island, 13563 Island View Drive, stated that the citizens of Elk River do not have the 1st Amendment right to say no. Butch Meldon, 188th Avenue, questioned the $3,000 license fee. He questioned whether the fee was large enough to cover expenses. Dave Sellergren, City Attorney, indicated that the license fee cannot be used to justify a prohibition. Steve Rohlf, Building and Zoning Administrator, stated that staff did not prepare the ordinance to try to be unreasonable to pornographic shops. He stated it was to protect the community from crime, to protect property values, and to protect the young children in the community. He indicated that the license fee proposed, covers the fees needed to enforce the license. Marsha Cunningham, 20883 York Street, questioned the misdemeanor portion of the ordinance and further questi.oned the time period for review of the conditional use permit. Steve Rohlf stated that the City is proposing a change to the ordinance which would prohibit these type of facilities to be located within 1,000 feet from a school or public (i.e. park) facility. . Kathy Beak, 210 Evans, expressed her concerns regarding the citizens of Elk River and their safety. She also questioned the future rezoning of land in Elk River to industrial uses and whether these areas could accommodate pornographic shops. Bill Pollard, 1624 Main Street, indicated that there was no reference to paraphernalia in the proposed ordinance. After discussion regarding this, it was indicated that if there is a need to reference this in the ordinance, it would be accomplished through an ordinance amendment. There being no further comments, Mayor Tralle closed the public hearing. Councilmember Schuldt indicated that it is in his heart to vote against the ordinance, however, he realizes he must vote for the ordinance in order to protect the citizens of Elk River. The Council discussed having some members vote against the ordinance as a public statedment against this type of land use within the City. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 92-04, AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE CITY CODE DEFINING, RESTRICTING AND LICENSING ADULT AND SEXUALLY ORIENTED ESTABLISHMENTS AND LAND USES. COUNCTLMEMBER KROPUENSKE SECONDED THE MOTTON. THE MOTION PASSED ~-2. Councilmember Holmgren and Mayor Tralle opposed. . ***After further review of the motion, it was noted that this type of ordinance amendment requires a 4/5 vote for approval, therefore the motion did not pass and will be voted on again at the next Council meeting. The next Council meeting minutes will reflect the passage of this ordinance. (This information was not known at the night of this Council meeting). . . . City Council Minutes February 24, 1992 Page 12 COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-09, SETTING A LICENSE FEE FOR SEXUALLY ORIENTED LAND USES. HOLMGREN SECONDED THE M01'ION. THE MOTtON CARRIED 4-1- Kropuenske opposed. A RESOLUT ION COUNCILMEMBER Counc11member 3.6. Ordinance Amendment/Flood Plain Mana~ement/Public Hearin~ Janelle Szklarski indicated that the City has received a copy of the final flood insurance study for the City and the final flood insurance rate maps, both of which are dated February 19, 1992, and should be adopted as part of the City's Floodplain Management Ordinance. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 92-05, AN ORDINANCE AMENDING SECTION 902.02 FLOOD PLAIN MANAGEMENT ORDINANCE GENERAL PROVISIONS SUBSECTION 2, ESTABLISHMENT OF OFFICIAL ZONING MAP. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Pay Estimate #2 Elementary School Improvement Project COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAY ESTIMATE #2 IN THE AMOUNT OF $36,021.15 TO S.J. LOUIS CONSTRUCTION COMPANY FOR THE ELEMENTARY SCHOOL IMPROVEMENT PRO,TECT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Set Public I:Iearln~ Date to Consider Modifications to TIF Plans #1 and #3 William Rubin, Economic Development Coordinator, indicated that he is requesting the Council to schedule a public hearing to consider amendments to TIF Plans #1 and #3. He indicated that if approved, modifications to TIF Plans #1 and #3 would allow the City to pay for certain public redevelopment costs associated with the proposed redevelopment at Main Street and Evans and to acquire an existing single family home and approximately three acres of land between the Elk River Golf Course and Woodland Trails Park for park land. COUNCILMEMBER SCHULDT MOVED TO SET A PUBLIC HEARING DATE FOR MARCH 30, 1992, AT 7:00 P.M. TO BE HELD AT THE COMMUNITY EDUCATION BUILDING TO CONSIDER MODIFICATIONS TO TAX INCREMENT FINANCING PLANS #1 AND #3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6. Other Business There was no other business. 7. City Administrator Update There were no updates from the City Administrator. 8. Art,journmenJ~ . . . City Council Minutes February 24, 1992 Page 13 There being no further business, COUNCtLMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DI~TZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:45 p.m. Respectfully submitted, ~~ Sandra Thackeray C City Clerk