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01-28-1992 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 28, 1992 Members Present: Chairman Nadeau, Commissioners spotts, Eberley, Minton, Tveite, Johnson and VanValkenburg (7:25 p.m.) Members Absent: None Staff Present: Stephen Rohlf, Building & Zoning Administrator; Janelle Szklarski, Zoning Assistant; Terry Maurer, City Engineer; Peter Beck, City Attorney; Zack Johnson, EOS Architecture 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. 2. Consider 1/28/92 Planning Commission Agenda Item 9.1 - Education was added to the agenda. COMMISSIONER SPOTTS AGENDA AS AMENDED. MOTION CARRIED 6-0. MOVED TO APPROVE THE 1/28/92 PLANNING COMMISSION COMMISSIONER MINTON SECONDED THE MOTION. THE 3. Consider 12/17/91 Planning Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 12/17/91 PLANNING COMMISSION MINUTES. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend the 2/24/92 City Council Meeting It was indicated that Commissioner Johnson would attend the 2/24/92 City Council Meeting. Commissioner VanValkenburg arrived at this time. 5. Conditional Use Permit to Construct a New City Hall and Police Station by the City of Elk River/P.H. Steve Rohlf, Building & Zoning Administrator introduced this item by briefly explaining the zoning process for a conditional use permit, plat and easement vacation which are related to this request. Mr. Rohlf stated that it is sometimes difficult to separate the plat issues from the conditional use permit issues. Janelle Szklarski, Zoning Assistant, concern regarding the conditional She further reviewed the summary regarding the ten points listed proposed City Hall. briefly highlighted the use permit as outlined in of the City Council's by neighboring residents areas of her memo. comments of the . . . Elk River Planning Commission Minutes January 28, 1992 Page 2 Zack Johnson, EOS Architecture, showed a design concept of the new City Hall and Police station which he stated was developed while working with staff and the City Council as well as the design committee. Mr. Johnson explained in detail the particulars of the building construction, site design, landscaping, parking and, etc. Chairman Nadeau opened the public hearing. Ms. Twila O'Keefe, 12992 Orono Road, stated that they owned the last house located on Orono Road and wanted to make sure that there was a buffer of trees on the west side of their property to buffer them from the proposed development to the west. Jeff Colbath, 13155 183rd Ave., requested to be notified if and when the City constructs a temporary access to Fresno Street as his property abuts the fence line. Arden Krinke, 1958 Main street, asked the Commissioner's how they personally felt regarding a new City Hall, Police Station and Community Center being built in a residential area. Commissioner Johnson stated that she felt that if it was done right, it could work. Commissioner Tveite stated that the way the building is designed (low profile) it tends to blend in well with the residential area. There is also substantial spacing between the residential area and the actual City Hall, and with the berms that are going to be put in place, he felt that it would fit in the area. Mr. Rohlf stated one of the reasons for a conditional use permit is to make sure that the public concerns are met. Mr. Krinke questioned whether there was anyone present from the police department as he was concerned with the exiting patterns of emergency vehicles. He stated that he found it hard to believe that police cars leave from the present City Hall site approximately one (1) time per twenty-four (24) hour shift. Commissioner Eberley stated that her office is across from the City Hall and it was her observation that police vehicles seldom leave the City Hall site for emergency calls except during bad weather and heavy traffic on Friday afternoons and Saturdays. She felt the numbers presented a good representative average. Mr. Krinke further stated that he was opposed to the site because it would put him in a commercial area. Janna Merrick, 230 York Avenue, was also concerned with emergency vehicles existing the site because of the children in the area. She further stated that she wasn't convinced that City Hall belonged in this location. Ms. Merrick questioned the assessments for Main Street and how the assessments would fit in with this plan. Mr. Maurer explained that the issue before the Planning Commission does not deal with assessments or funding of public improvements. That is strictly a City Council issue and will be dealt with later. Craig Hagman, 18230 Fresno st., addressed the public safety issue. He suggested that the City look at extending the proposed Parkway out to . . . Elk River Planning Commission Minutes January 28, 1992 Page 3 Joplin and extending Joplin out provide an alternative route rather than through Orono Park. to Highway 10 as for the patrol soon as possible to cars to exit the area Bob Dilley felt it would make more sense to relocate the building closer to Highway 10. He suggested flip-flopping the building so it would fit on the site. Zack Johnson stated that they have not looked at the specifics of that site, however, he stated that it would entail a significant redesign of the building in order to fit on the site. Steve Rohlf stated that it was his understanding that when the land was given to the City by Mr. Gospodor it was with the condition that a public-use building would be constructed on this site. Staff discussed the reasons for choosing this site and the process that was involved in the site selection for City Hall. Craig Hagman questioned who negotiated the purchase of this property with Mr. Gospodor. Pat Klaers, City Administrator explained that originally Mr. Gospodor offered this site to the historical society and the Catholic Church but both declined the offer. In the meantime, Mr. Gospodor made the City Council aware that this site would be made available to the City if they were interested in putting a public facility on the site. The City Council spent a number of months evaluating building sites for the new City Hall and Police Station. The City found that the 9 acre land gift was not sufficient for a future community center and acquired approximately 8 more acres of land to complete the project. Mr. Klaers further stated that the process in looking for a site for a new City Hall was made very public with a number of articles in the Star News in a six to eight month period. Robert Bischoff questioned whether there was a clause in the that if the property was not used for a new City Hall facility go back to the seller. Mr. Klaers stated that he was not aware such "return to seller" clause in the contract. contract it would of any Cathy Nadeau was concerned with the funding for Phase II of the project (community center) and also the uses of that property if the recreational facility was not built. Mr. Zack Johnson addressed her concern. He stated that if the recreational facility was not constructed the rest of the site would be developed into open space for recreational uses. Mr. Rohlf stated that any other use would take an amendment to the conditional use permit with public notice. Larry Ebert, 13133 182nd Ave., was concerned with assessments when sewer and water came to the area. Mr. Maurer stated that when sewer and water is brought to the area, the existing rural lots in the Orono Lake Subdivisions would not be assessed for trunk sewer or water. He further stated that the extension of sewer and water would probably be discussed at the time improvements are discussed for the area as part of the Western Area Phase I Improvements. Greg Nadeau was concerned with the lighting. Lighting standards were discussed by Zack Johnson. It was noted that no parking lot or . . . Elk River Planning Commission Minutes January 28, 1992 Page 4 building light will spillover the property lines of the proposed City Hall. Eric Jacobson, 13100 183rd Ave., was concerned with the additional noise because of the plowing of the parking lots for snow removal and questioned whether the City has a noise ordinance. Mr. Beck, City Attorney, stated that typically plowing of parking lots would not violate the City's noise ordinance. Mr. Arden Krinke also questioned whether the Army Corps of has reviewed the plat. Mr. Rohlf stated that they are not review the plat. Ms. Szklarski stated that the Department Resources has reviewed the plat in relation to flood shoreland regulations. Engineers required to of Natural plain and Bonnie Rule, 18604 Simonet Drive stated that she was glad to see that there is care being taken in the lighting standards for this project. Irv Moldenhaurer, 12860 Orono Road, questioned the assessment process. There being no further comments by the public, Chairman Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR THE NEW CITY HALL AND POLICE STATION BY THE CITY OF ELK RIVER TO BE LOCATED ON THE SOUTH SHORE OF LAKE ORONO. A PUBLIC HEARING WAS HELD ON THE MATTER AND OPPOSITION WAS HEARD. THE PLANNING COMMISSION CITED THE DOCUMENTATION PROVIDED BY STAFF INCLUDING THE WESTERN AREA FEASIBILITY STUDY, FOCUS AREA STUDIES AND THE MEMOS PROVIDED BY STAFF INCLUDING THE FINDINGS OF FACTS OUTLINED IN STAFF'S MEMO. THEY ALSO CITED THE ADDITIONAL INPUT FROM THE CITIZENS AS A RESULT OF THE CITY COUNCIL MEETING HELD 1/27/92 AND THE FINDINGS FROM THAT MEETING. THE PLANNING COMMISSION IS ALSO RECOMMENDING THAT THE EIGHT STIPULATIONS PROVIDED BY STAFF IN THEIR 1/21/92 MEMO BE INCORPORATED INTO THE APPROVAL ALONG WITH SEVEN ADDITIONAL STIPULATIONS: 1. THAT THE PROVIDED, EROSION. LANDSCAPING BE INSTALLED WITH APPROPRIATE MEASURES AS INDICATED ON THE PLAN TAKEN TO GUARD AGAINST SOIL 2. THAT LIGHTING ON THE SITE BE DIRECTED AWAY FROM THE RIGHT-OF-WAY, RESIDENTIAL PROPERTIES, AND THE LAKE AS SHOWN ON THE PLAN PROVIDED. 3. THAT THE HANDICAP STALLS BE ENLARGED TO A MINIMUM Of 12 FEET EACH WITH APPROPRIATE SLOPES OBTAINED FOR THE RAMPS. 4. THAT THE TRASH RECEPTACLE BE SCREENED AS WELL AS ANY MECHANICAL EQUIPMENT. 5. THAT SIGNAGE FOR THE SITE BE AS PER CITY CODE, WITH APPROPRIATE DIRECTIONAL SIGNS BEING USED. . . . Elk River Planning Commission Minutes January 28, 1992 Page 5 6. THAT THE PARKING LOT BE HARDSURFACED WITH CONCRETE CURB AND GUTTER AS INDICATED ON THE SITE PLAN. 7. THAT A STOP SIGN BE PLACED AT THE INTERSECTION OF 183rd AVENUE AND THE WESTERN ACCESS TO CITY HALL. 8. THAT ANY ALTERATIONS ALONG THE SHORELINE, ESPECIALLY WITHIN THE SHORE IMPACT ZONE, COMPLY WITH THE EROSION CONTROL STANDARDS AS OUTLINED IN THE SHORELAND 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 THE NEWLY CONSTRUCTED ORONO PARKWAY. FURTHER THAT THESE TREES BE PLANTED TO ENSURE 80% OPACITY. 10. THAT IN ORDER FOR EITHER DENVER STREET OR FRESNO STREET TO BE EXTENDED TO THE ORONO PARKWAY, A PUBLIC HEARING WOULD NEED TO BE HELD WITH NOTIFICATION GIVEN TO PROPERTY OWNERS WITHIN 350 FEET OF THESE PROPOSED EXTENSIONS AS WELL AS ALL PROPERTY OWNERS WITHIN ORONO LAKE 3RD ADDITION. IF THE EXTENSION IS INITIATED BY THE PUBLIC, THE PETITION FOR SAID EXTENSION SHOULD BE FROM AT LEAST 50% OF THE PROPERTY OWNERS WITHIN ORONO LAKE 3RD ADDITION, AND THIS EXTENSION WOULD REQUIRE A MAJORITY VOTE OF THE COUNCIL. IF THE CITY COUNCIL INITIATES THE REQUEST FOR STREET EXTENSION IT WOULD TAKE A FOUR-FIFTHS COUNCIL VOTE IN ORDER TO APPROVE THIS ACTION. 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. 12. THAT THE PARK AND RECREATION MEETINGS WHERE THEY WILL BE IMPROVEMENTS TO THE SITE TO ALL ADDITIONAL OPPORTUNITIES FOR ORIGINAL ENVIRONMENTAL HABITAT. COMMISSION MAIL NOTICES OF THEIR DISCUSSING LANDSCAPING AND OTHER AREA RESIDENTS SO AS TO PROVIDE PUBLIC INPUT ON PRESERVATION OF THE 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 SUBDUED 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 THROUGH STREET WITH A STOP SIGN ON ORONO ROAD. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Elk River Planning Commission Minutes January 28, 1992 Page 6 A short recess was taken at this time. 6. Ordinance Amendment/Section 902.02 to Adopt the Final Floodplain Study Maps/By the City of Elk River/P.H. (Floodplain and Final Management Ordinance) Flood Insurance Rate Janelle Szklarski, Zoning Assistant, stated that the City has received the final floodplain study and final Flood Insurance Rate Maps that are needed in order for the City to adopt the Floodplain Management Ordinance for the City of Elk River. The City of Elk River is mandated by the state to adopt the new documents within 6 months of the date listed on the maps (February 19, 1992). Chairman Nadeau opened the public hearing. There being no one for against the matter, Chairman Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE TO AMEND SECTION 902.02 "FLOODPLAIN MANAGEMENT ORDINANCE" TO ADOPT THE FINAL FLOODPLAIN STUDY AND FINAL FLOOD INSURANCE RATE MAPS DATED FEBRUARY 19, 1992. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 7. Sexually Oriented Land Uses Stephen Rohlf, Building & Zoning Administrator, explained that a great deal of time was spend discussing the draft Sexually Oriented Land Use Ordinance. Staff feels that the City has an ordinance that reflects the values of the community and their concerns in regards to crime rates, minors being exposed, and property values, but yet is a legal ordinance and one that is defendable. Staff is recommending that the Planning Commission recommend approval to the City Council that they pass this ordinance so as to have it in place prior to the moratorium expiring in March. Chairman Nadeau opened the public hearing. Darrell Island, 13563 Islandview Drive, was concerned with the expansion of an existing sexually oriented business and questioned whether there was any requirements as far as the number of square feet that the City would allow. Mr. Rohlf stated that an expansion would take an additional conditional use permit with public input. Another resident asked what if the people in the community "no" to a future request for a conditional use permit for this use. Mr. Rohlf stated that the City can not just say "no". has to base a negative ruling on findings centered on standards that are required for the conditional use. just said type of The City the seven Bob Bischoff, 602 Jackson Avenue, was concerned with the licensing requirements for this type of business. He questioned if a new license would be required if the ownership changes in a corporation which owns an adult book store. Peter Beck, City Attorney stated that the license runs with the owner/operators. The conditional use permit runs with the land. Licensing was discussed at this time. . . . Elk River Planning Commission Minutes January 28, 1992 Page 7 Mel Beaudry, 1023 Manor Place, commended the Planning Commission and City staff on all the work they put into this ordinance and their concern. Mr. Beaudry stated that he was concerned with this type of establishment being located at the entrance of Elk River on Highway 10. Mr. Rohlf stated that this type of business would only be allowed in the industrial zone. There is no industrial zoned land directly adjacent to Highway 10. There being no further comments by the public, Chairman Nadeau closed the public hearing. This staff These passed issue was debated at great length by the Planning Commission and with a number of modifications being made to the draft ordinance. changes are reflected in the current ordinance that is being on to the City Council. One of the main concerns of the Commissioners and the public was multiple activities in the same establishment. This was discussed as they did not feel the wording was clear in the draft ordinance. Mr. Beck stated that the wording would be clarified prior to the City Council meeting. Commissioner Johnson stated that she would cast a negative vote because of her concern regarding this issue. She felt that the goal of preserving family values and providing a physical environment in which to develop in a healthy and wholesome manner was not being met. Commissioner Johnson was further concerned with the location of these types of businesses in industrial zones, and in particular the safety of women who work in industrial zones. Commissioner Eberley read a statement regarding her concerns with the Sexually Oriented Land Use Ordinance which is attached and made part of these minutes. Commissioner Eberley stated that she had to cast a negative vote because of her concerns regarding this issue as she felt is was threatening and unhealthy. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING CHAPTER 9 AND CHAPTER 7 OF THE ELK RIVER CITY CODE OF ORDINANCES; DEFINING, RESTRICTING AND LICENSING ADULT AND SEXUALLY ORIENTED ESTABLISHMENTS AND LAND USES. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioners Eberley and Johnson vote no. 8. Discussion Stephen Rohlf, Building and Zoning Administrator briefly summarized the highlights of his memo relating to the Phase I Improvements/Western Area study. The Planning Commission pointed out the reference to lack of a Comprehensive Storm Drainge Plan. Mr. Rohlf responded by saying that this is scheduled in the work plan for 1992. . . '. Elk River Planning Commission Minutes January 28, 1992 Page 8 9. Other Business 9.1 Education Commissioner Eberley reviewed a number of upcoming workshops that she thought the Planning Commission would be interested in. It was suggested that the two new Planning Commission members (Tveite and Minton) attend the workshop titled "Beyond the Basics" sometime in the future. The commissioners and staff discussed the topics for the upcoming workshops in 1992. 10. Adjournment There being THE MEETING. CARRIED 7-0. no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 10:45 p.m. Respectfully submitted, Sh~fhaLUU Sharon Maue Recording Secretary