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8.2 SR 11-06-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 8.2 Agenda Section Meeting Date Prepared by GeneYal Business NovembeY 6, 2023 Zack Carlton, Communittr Develo ment DirectoY Item Description Reviewed by Resolution: Finding of Fact Den�ring Conditional Use Cal Pormer, Ci r Administrator Permit for Home Occupation at 18643 Yankton Street Reviewed by Action Requested Adopt, byT motion, the Findings of Fact for the denial of the Conditional Use Permit request for a home occupation byT Jeremiah Shank at 18643 Yankton Street NW Background/Discussion On OctobeY 16, 2023, the Cityr Council reviewed the Conditional Use Permit Yequest afteY a recommendation of denial from the Planning Commission. The CityT Council agreed `vith the Commission's recommendation to denyT the Conditional Use Permit applicarion based on the interpretation that the Yequest was not consistent with standards one, five, and six as outlined in Sec. 30-654 of the Elk River CityT Code. The CityT Council directed staff to prepare a resolution making Findings of Fact for the November 6, 2023, CityT Council Meeting. Financial Impact None Mission/Policy/Goal Supports the character of the residential communityT Attachments ■ Resolution making Findings of Fact The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Update�l• January 2023 Ci_y �I E1k - River ~ City of Elk River City Council Resolution 23- A Resolution of the City Council of the City of Elk River Denying the Request for a Conditional Use Permit for a Home Occupation at I 8643 Yankton Street NW, Elk River, MN WHEREAS, JeYemiah Shank, ("Applicant"), has applied ("Application") foY a Conditional Use Permit (CUP) (Case No. CU 23-19) to allo�v the outdoor parking of �vork vehicles and trailers as a conditional home occupation at his Yesidence, 18643 Yankton Street NW, Elk River, MN ("Propert�T"); and WHEREAS, the recoYd in this matteY shall include all of the materials submitted to the Planning Commission and City Council in connection with the August 24, 2023, Conditional Use Permit Application; including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and CityT Council, and all staff presentations and other testimonyT taken at the public meetings considering the Application for the Conditional Use Permit, all of which is incorporated in and made a part of the findings of fact and this resolution; and WHEREAS, the Planning Commission held a public hearing on September 26, 2023, to receive testimonyT and evidence from cityT staff, the Applicant and anyT other persons YegaYding the Application; and WHEREAS, the Planning Commission Yecommended denial of the Application based on the request not satisfyTing standards one, five, and six, required for issuance of a CUP, and as described in Sec. 30-654; and WHEREAS, the CinT Council held a public hearing on October 16, 2023, to receive testimonyT and evidence from cinT staff, the Applicant and anyT other persons regarding whether the Application should be approved; and WHEREAS, the Applicant and all others wishing to speak `vere given the opportunityT to present testimonyT to the Planning Commission and CityT Council; and WHEREAS, the CinT Council, at the conclusion of its October 16, 2023, public hearing on the Applicant's Application, directed staff to prepare a resolution making findings of fact denyTing the Application as the request does not satisfy- standards one, five, and six, required for issuance of a CUP. rowERfO sr �,�►�'UR� 22ssi��i NOW, THEREFORE, the CinT Council of the Cittr of Elk River makes the following findings of fact and decision with respect to the Application b�r Jeremiah Shank, for a Conditional Use Permit to allow the outdooY paYking of woYk vehicles and traileYs as a conditional home occupation at his Yesidence, 18643 Yankton Street NW, Elk RiveY, MN. FINDINGS OF FACT 1. The PropertyT is zoned R-1b (Single-Family Residential) where home occupations are allowed according to the standards outlined in Sec. 30-801. 2. Sec 30-801(c) outlines the standards for permitted home occupations, and Sec. 30- 801(d) outlines the Conditional Home Occuparion process for uses that exceed the peYmitted standaYds described in 30-801(c). a. Sec. 30-801(c)(2) states that peYmitted home occupations must be caYried out entirelyT �vithin the d�velling unit. b. Sec. 30-801(c) (3) states that peYmitted home occupations shall not include the exterior storage of materials or equipment. The Application includes the outdoor storage of work vehicles and trailers, violating the permitted home occupation standards outlined above and requiring a Conditional Use Permit in accoYdance tivith Sec. 30-801(d). 4. On August 24, 2023, the Applicant submitted a Conditional Use PeYmit application, Case No. CU 23-19, the Application. The Application was deemed complete and scheduled for review b�T the Planning Commission and Cit�T Council. 5. Conditional Use Permits are reviewed byT the Planning Commission and CityT Council and aYe Yeviewed based on the standaYds outlined in Sec. 30-654. 6. The Planning Commission revie`ved the r�pplication on September 26, 2023, and voted 5-1 to denyr the Application as the pYoposed use does not meet standaYds one, five, and six — as noted below. a. Sec. 30-654(a)(1) Will not endangeY, injuYe or detrimentallyr affect the use and enjoyment of other propertyT in the immediate vicinit�J or the public health, safetyT, morals, comfort, convenience or general welfare of the neighborhood or the cityT. b. Sec. 30-654(a)(5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to anyT persons or propertyT because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. c. Sec. 30-654(a)(6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. PawERfo sr �,�►�'UR� 22ssi��i 7. On October 16, 2023, the City Council revie`ved the Application, and received additional testimony from the public and the applicant. 8. The CityT Council concurs with the Planiung Commission's recommendation and, based on the record generated in these proceedings makes the following findings of fact related to the Conditional Use PeYmit Application: a. The outdoor parking and storage of large work vehicles and trailers `vill detrimentally effect the enjoyment and geneYal welfaYe of the neighborhood immediatelyT surrounding the Propernr. (1) The large work vehicles and work trailer would be highly visible and obviouslyT commercial in nature. The work vehicles are bucket trucks, which have a large visual presence and are not generally found in residential areas. (2) The proposed trailer is for directing traffic and is specificallyT designed to be high visibility. It further contains uncovered traffic direction material which are likewise designed to be high visibilit�T. This creates further obvious impact to the neighborhood. (3) The proposed use involves parking three large work trucks and one large work trailer outdoors on the PropertyT, close to the street This use is distinctlyT different from ordinaryT residential use. (4) The proposed use would frequentlyT require multiple employTees to travel to and from the Property, and park there during the dayT, generaring addirional vehicle traffic, noise, and visual impact and further deteriorate the residential character of the neighborhood. (5) The proposed use would require the parking of large �vork vehicles and �vork trailers on a regular basis, and during the �vinter for months on end, and would not YepYesent an incidental use of the Propert�-. (6) Given the la�Tout of the PropertyT there is no wa�T to adequatel�T screen the proposed use without creating even more impact to the surrounding neighborhood. (7) The surrounding neighborhood is quiet and residential in nature, and the proposed use `vould represent a large deviation from the e�sting character of the neighborhood. b. The operation of a business and parking of `vork vehicles `vill detrimentallyT affect nearb�T residents and properties through increased traffic and excessive noise. (1) The proposed use includes the operation of three laYge work vehicles. These large work vehicles generate more noise and impact than personal vehicles. (2) The proposed use `vould occasionallyT involve multiple employees travelling to and from the Propernr, and parking there during the workda�T. (3) This is an afteY-the-fact peYmit application, and the pYoposed use has in fact generated complaints from neighbors regarding noise and traffic. Although neighborhood sentiment is not a basis for the PuwERfO sr �,�►�'UR� 22ssi��i Council's decision, these complaints are further evidence for the Council's finding that this proposed use will cause increased traffic and excessive noise. The PropertyT abuts the Elk River and the Application will negativelyT impact the natural features of the area through increased erosion and to�c chemicals generated byT the operation of a commercial use. (1) The proposed use would include the unsupervised paYking of large work vehicles for months at a time neaY the Elk River. (2) The proposed use `vould generate significant traffic within a sensitive zone along the Elk RiveY. Taking into consideration all of the testimony and evidence received, the CityT Council finds that the Applicant has not established that it has met the requirements for approval of a Conditional Use Permit and that it would not be in the public interest to approve the Applicarion. DECISION Therefore, the CityT Council of the Cit�T of Elk River denies the Application for amendment Conditional Use Permit to allow the outdoor parking of `vork vehicles and trailers as a conditional home occupation at 18643 Yankton Street NW, Elk RiveY, MN, based on the findings of fact set forth above. Passed and adopted this 6`I' dayT of November 2023. John J. Dietz, l�layoY ATTEST: Tina Allard, City Clerk PawERfo sr �,�►�'UR� 22ssi��i Request for Action To Item Number Plannin Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearin s Se tember 26, 2023 Zack Carlton, Communittr Develo ment DirectoY Item Description Reviewed by Jeremiah Shank — 18643 Yankton St. NW Chris LeesebeY , SenioY PlanneY ■ Conditional Use Permit for Home Reviewed by Occupation — Parking Work Trucks, Case No. CU 23-19 Action Requested Recommend, byT motion, approval of the Conditional Use Permit `vith the following conditions to satisfyr the standards set forth in Section 30-654: 1. The applicant must remove one driveway connection to 2. 3. 4. 5. 6. 7. 8. 9. 10. Yankton St. NW. All parking and drivewa�r areas must be finished with Class 5 gravel (or similar), bituminous, or concrete. All disturbed areas need to be seeded and vegetation establishment must achieve at least 70%. The home and garage shall not be used for business purposes — including the storage of paint and materials. Vehicle parking related to the business is limited to three and they must be parked on a finished surface. r1ll vehicles must be licensed and opeYable. EmployTee vehicles and company vehicles may not park on the street. The outdoor storage of materials, beyTond the `vork trucks, is prohibited. Maintenance of work vehicles be�Tond basic tasks (headlight, flat tire, etc.) is prohibited. Vehicle idling ordinances must be met at all times. ` ' � i � � lI \ ,—� I --- RR `� • H",y i o CR 33 � � x �. , � CR I2 �� y�y �O /69 Figure I Background/Discussion The applicant, Jeremiah Shank, has requested approval of a Conditional Use Permit authorizing the operation of a home occupation at his home. The applicant operates a utilityT equipment painting companyT and proposes storing three woYk trucks in his drivewayr. He notes that neither the home noY the gaYage will be used foY material or pYoduct stoYage. The Elk River Vision P 0 N E R E U e r A �a�elco�ning colnlnunity 2arith Tevolutiona�y and spi�zted Tesourcefulness, excptional ��R� se�vice, and co�n�nunity engagelnentthatencou�ages and in��i�espzo��e�zty. Up�iited.•August2020 The subject propert�r is located in the R-1b zoning district and is 3.48 acres in size, however, much of the propert�T is unusable due to the location along the Elk River and topography. The proposed storage will take place in the driveway along Yankton Street. The applicant was a previous employTee of the companyT Bullfrog Industries but recentlyT purchased the business from the previous owner. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions �vith regard to the development oY opeYation of the pYoposed use as it consideYs necessar�r to satisfyr the seven standards set foYth in Section 30-654 and the requirements contained in this article and to promote comparibilityT with and minimize anyT potentiall�T adverse effects upon adjacent properties, the neighborhood or the cinT. The issuance of a Conditional Use Permit can be ordered onl�T if the use at the proposed location: 1. LVill not en�iinge�; inju�e oT• det�z�nentally affect the use and enjoylnent of othe��p� ope�fiy in the iyn�nediate vicinity oT� the public health, safety, ynozals, colnfoT�, convenience o�•general �a�elfa�e of the neighl�oThood oT� the city. The parking of licensed and operable vehicles on drivewayTs in residential zoning districts is permitted. The concern ��ith the Yequest is the size of the vehicles. These are large woYk trucks used for painting traffic signals or similar. Staff has included conditions limiting the total number of work vehicles on site to three and prohibiting using the street for work-related parking. These conditions do not address the visual impact of the vehicle parking, but it does limit the potential impact to the neighborhood. 2. LVill l�e consistent 2arith tbe Coynprehensive Plan. The Comprehensive Plan supports gro`ving our business community and preserving residential districts. Recognizing that home occupations are an allowed use under the zoning district, the request is consistent with the Comprehensive Plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. LVill not ilnpede the noT7nal and oTdeT ly developinent an� i1np� ove�nent of su�7�ounding vacantp� ope�7y. The adjacent Yesidential land is fully developed with single-family Yesidenrial uses. A cityr paYk is located across the river to the north, but the parking area is largely screened by the home. There is also a vacant lot across High�vayT 10 to the south. This parcel has received approval for a residential development including an apartment building and townhomes. The proposed use would not impact development and improvement of surrounding properties. Staff do not see a need to impose specific conditions to satisfy this standard. 4. LVill l�e seyved adequately l�y and �a�ill not adve�:sely affect essential pul�lic facilities and se�vices including street�; police and fire protection, dyainage, Tefuse dis�osal, aa�ater� and se�a�ey �yste�ns, pa�ks and schools; and aa�ill not, in pa��icular, cr�eate t�a�c congestion oy inteT, feTence 2a�ith tza�c on adjacent and neighl�o�zngpul�lic thoroughfares. CityT ordinance limits drive`vayT connections to cit�T streets at t�va The applicant recentl�T constructed a third drivewayT, creating a non-conformance. Staff spoke `vith the applicant about this issue and advised him to remove one of the three drivewayTs. This process is currentlyT under�vayT and needs to be addressed independent of the CUP request. Staff has included conditions requiring removal of one of the drivewayTs and requiring turf establishment in the disturbed areas. 5. LVill not involve uses, activities, p� ocesses, �nate�zals, egu p�nent and conditions of opea ation that aa�ill I�e detTzlnental to any peT:sons orprope�7y l�ecause of excessive tTa�c, noise, s�noke, fulnes, glare, odo�:s, dust or vil�Tations. The propertyT is located at the corner of Highway 10 and Yankton. The pro�mityT to a major roadway limits traffic impacts in a residential area, including noise, smoke, fumes, etc. The parking of three �vork vehicles will be no more impactful from a material/equipment standpoint than legally parking three privatel�T owned vehicles. Staff included a reference to the cityT's vehicle idling standards to minimize impacts from vehicle noise and fume s. 6. LVill not y�esult in the dest�z�ction, loss oT� da�nage of a natu�al, scenic o�• histo�zc featu� e of ynajo�• i�npo�7ance. The vehicles are parking on a drive`va�T and �vill not result in the destrucrion or damage to natural or historic areas. Staff do not see a need to impose specific conditions to satisfyT this standard. 7. LVill fully colnply �a�ith all otbe�� equiTelnents of tbis Code, including any applical�le �equizelnents and stan�iiz�s fo�� the issuance of a license oz�pe�7nit to estal�lisb and oper�ate tbe pToposed use in the city. Home occupations occurring in an accessor�T structure (attached or detached) `vould require updates to comply with commeYcial building codes. The applicant has stated that the building will not be used foY business and staff included conditions prohibiting this use to affirm that statement. Staff included a number of conditions to keep the propernT in compliance with cityT ordinances. If denial of such a permit should occur, it shall accompanyT recommendations or determinations byT findings or a YepoYt stating how the proposed use does not comply with the standaYds set forth in Section 30-654. Financial Impact None Mission/Policy/Goal ■ Support the residential and business communities ■ Meet changing needs - Agile Attachments ■ Location Map ■ Applicant's Narrative ■ Site graphics and photos . , ' [� : j�^µ�'nj �J'''��'f W 11� � . . . :��. ^�.I� . i.'. i • �T ,� � , , � � �- ��y,�� `t � �• ,_ it�'-,� J`�C`O O^ '�= -� t I ��f � #� ;• •�:. �, , �. �. ' M_:` U � � . - /,.. •� c � '' � � A. � �i� .�� .� 'S � • , �. :L t !� �' �. ,`.' l � _ ro _. � , _ . °�: -V'� + :''� -� � � � _�r.t � � � s _ .� fC' �, . . �. � � � ��' • . • Y � � __ ._ . � ,�:e= � > •; 75-131=2200 •.c; , .� - '''�'s._�:`�iY, J��< ,!• l51:i1 130U c;. . , � ��. - . Y _ . '1% _ � ••� J � ~ . 1 � � - _ � �_�� \.. f, � .F1 _? �Y .��1 . . 3i . � � � _ " •y�`ir-�'� , �:.�. M . !� ,:� , r,�'t . -: I w � .. • � - ,� ':� ��' tf'"' _��'�'�i; �' ' �' ?' ��,C' , '-�. =�' �� '� 4 -- , ��'iI �s��_� . t! � ,�. / � 131-1711 � � . � � . . � . , t''` • • � . _. . �,► . _ ' ., '�?. �'•' - �,: ;� �K '� ' l � }�„_�``' ' �� i, � F �' � . � �f - � �� !w' � �' � %. � � /` . `� � � � � V. ,. �� ti � i , . , I . _ �. ^ �, �*�;� %� ,. 'f ; . ; �,�''�u."; - ,_ : . . . '� � .�'. '�!-' . f ♦ �i� ' _ �`'�.� • • • ri" ' � 5�_ ;� / .�' � _ i�.'. '��• •�• i . � ' � ;�• . .� • ,.m ,� - " � � �� . _ �� . . - �� ; Jeremiah Shank Case No: CU 23- I 9 Elk Conditional Use Permit River CU 23-19 Narrative Parking of work trucks on "improved surface" (class 5) as seen in pictures attached in Site Plan. 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Je�emiah Shar�k c�se No: CU Z3- � 9 �.Y�� = Co�ditiona� LTse Permit ERiVe� - Background ■ Conditional Home Occupation ■ Parking work vehicles in driveway ■ Bullfrog Industries — paints traffic signals, streetlights, etc. ■ Bucket trucks stored on site ■ Expanded driveway to accommodate parking ■ Third access must be removed Business Operation ■ Three work trucks stored on site during construction season ■ Vehicles stored off-site depending on job ■ Up to two vehicles stored off-site during the winter ■ Vehicles must be parked on approved surfaces at all times ■ Employees arrive at property and get into work vehicles ■ Neither the home or garage are used for business purposes ■ Paint and materials purchased day of or stored with client ��,_. � , � � � � �1y '� _.- �� •;' ' yyy,��I� R �� ,1�~` y �:"u �.3a. " �* � � �� ,.. �' �� .�.�'� �� ; ;� � � �i � .�� . . +I ..�.. 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'�,4��. % �-+��'�r�;! . � ,�,�� t � ,s�+�'4 � . . .. � _.> i -�i .. SR. `r t `�;�^ ; �"� 'a{!�"y� �:, ..:,. S � .,�r'_ A��.� ..�t �y 1 � ryp! : ¢�'p � ��'� �` �, .y�." �; � - l:. 4 +�,'F�. , . _ :.�r. � � � � � r v�. k, . � � ,; �� " - ti . -. • . � 1-J` � � _ , 4i �� ,s.*d. �' # �.� .�. `�1r��y:�. ��. Y .! � j� �`�f�4��1 ''� •,`' �� v �" � . . _ � , x L;:' -.. o ... . .. � ...� i ^�r._ i`'S.�'.�� `�-. sl.�' _ ^ .. Concerns and Conditions ■ One driveway connection must be removed ■ Driveway extension must be surfaced with gravel or pavement ■ Revegetate disturbed area ■ Parking limited to three business related vehicles. ■ Business related parking on street is prohibited ■ No outdoor storage ■ No vehicle maintenance ■ Observe vehicle idling ordinances. ■ Idling of a vehicle longer than 15 minutes from April 16 through October 31, and 30 minutes from November 1 through April 15 is prohibited. C V P Stan d ard s ■ With the ten recommended conditions staff's analysis shows the request to meet the CUP standards and recommends approval of the home occupation request. Action Requested ■ Recommend, by motion, approval of the Conditional Use Permit with the 10 conditions outlined in the memo City Council Meeting ■ If acted on, this item will go the Monday, October 16, 2023, City Council meeting Plannuig Commission Minutes September 26, 2023 Page 3 Mr. Leeseberg stated staff has been working with them and agrees the C3 design standard designation does allow metal panel as a building material. Moved by Cornmissioner Beise and seconded by Commissioner Keisling to recommettd approval of the request by Thunderstruck Exteriors, Inc. for a Conditional Use Permit for Warehouse Space at 10835 170�' Ave NW. with the following conditions to satisfy the standards set forth in Section 30- 654: 1. All driving, parking, and storage areas shall be bounded by B612 concrete curb and gutter. 2. The fenced outdoor stora�e area shall be: a. Limited to 3,000 square feet. b. Fenced with a 6-7 foot tall 100% opaque fence with gates, to be closed when not in use. c. Be paved with an approved surface (Class 5, concrete, asphalt, or crushed concrete/asphalt). Wedand boundaries shall be marked with Ilags and silt fence shall be installed at the 25-foot wedand buffer edge prior to any construction activity on site. Motion carried G-0. 5.3 Jeremiah Shank — I 8643 Yankton St. NW ■ Conditional Use Permit for Home Occupation, Case No. CU 23- I 9 Mr. Carlton presented the staff report. Commissioner Keisling asked if the Planning Commission puts a timeframe for reseeding as a condition. Mr. Caxlton stated the commission can add a condition out�ining the timeline, but recommended asking the applicant to share his timeframe with reseeding. Chair Larson-Vito noted that if thexe wexe any additional code enforcement items, they have to be resolved and added as a sepaxate condition, or continue working with code enforcement officer. Chaix Larson-Vito opened the public hearing. Mark Olson, 18778 Yankton St. NW— stated he was opposed to the Conditional Use Permit xequest and didn't want the business being operated in a residential neighborhood. He explained the concerns he had with the property including paint cans, the parking of multiple work trucks and trailers with signage, truck maintenance (oil and washin�, and explained his concerns with recent fill that he felt affected the rivex embankment. Mr. Olson also xeviewed specific enviYonmental concerns he had regarding the driveway addition. Jererniah Shank — the applicant — stated he took ownership of the business ovex 2 years ago. He has nevex changed oil on the work trucks ox worked on them because he wasn't a mechanic. He has done small maintenance like changing headlights, etc. He owns 4 trucks but is switching them over from Ford to GMC. He assigns one employee to a truck, occasionally 2. He also owns trucks in Arizona. Mr. Shank indicated he recently learned he wasn't allowed to stoxe the truck/trailers on his property and requested that the CUP POiEAEI �y �� i ��4 Pla�vinig Commission Minutes September 26, 2023 Page 4 allow for the specialty trailer parking. In the winter, he paxks the trucks and may start them fxom time to time to ensure the batteries axe charged. Commissioner Rydberg asked Mr. Shank about the neighbor's observarions with the river embankment and to explain any work he's done to the embankment. Mr. Shank stated he's only using Class 5 fox the driveway surface. He stated the city addressed the riverbank 8 years ago to addYess the washout concerns and added a retaining wall to slow the water down. He stated he did not change the topography or do any work to the riverbank. He is now in the pxocess of closing off the third driveway as he learned he wasn't allowed to have three. He did everything the city asked him to do. Chair Larson-Vito asked what Mr. Shank's long-term plans wexe. Mr. Shank indicated he would share those but not on public record. He stated he's had rough interactions with Mr. Olson over the years and feels uncomfortable discussing in public. Vicky Sandhofer-Krolick, 18646 Yankton St. NW — stated she lived adjacent to JeYemiah and is a retired grandmother. She had no issues with the applicant, his business and work trucks, and didn't feel the property was an eyesore. She stated he and his employees have been respectful to her, and she's supportive of his CUP request. She stated she's never seen more than three vehicles parked in the driveway. Mr. Olson stated he has pictutes that show numeYous vehicles on the property. Mr. Shank stated the vehicle is a pexsonal vehicle and is woxking on getting it started and restoring the interior of it. There being no one else to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito stated she wants to get direcrion from the City Council xegaxding the home occuparion ordinance amendment as there is a lot to consideY. Mr. Carlton agreed and indicated the Planning Corrunission cannot issue an Interim use permit for this xequest. He stated the paYking in the back yaxd, the temporary stoYage facility, and the pallets in the back yaxd are code enforcement issues that axe being addressed. The parking of vehicles behind the home is allowed by ordinance. The city's environmental staff person reviewed this, and no comments were made but it could be re-xeviewed, and any comments resulting from that xeview would be brought to the City Council meeting. Chair Larson-Vito asked if the applicant could re-apply for an Interim Use Permit. She felt the city has used IUPs very effectively fox many years. Mr. Carlton stated the applicant could not apply for an IUP under the cuxrent ordinance. He stated it was reviewed by the city attorney and they have some concerns about how an IUP could be used for any area, not just home occupations. He does not have a timeline for when the oxdinance will be reviewed by the City Council. Corrunissioner Beise stated he was not in favox of this xequest. He felt home occupations were supposed t� be somewhat invisible and didn't feel three laxge trucks and two trailers with cones fit the definirion of �OI�EAE� rr �� Planning Commission Minutes September 26, 2023 Page 5 home occuparion, notivng the impact on the neighborhood would not be minimal. Commissioner Mauxen stated he felt it could be like a CUP request to park a long-haul truck on a residential paxcel, given a certain lot size the ordinance allowed to park a rig. Commissioner Booth asked if the ordinance would allow this paxcel to park a truck and trailex. Mr. Carlton stated the ordinance xequites five acres. Commissioner Rydberg stated he was wrestling with the proximity of the river with runoff and felt the 10 conditions were a good start to cleaning things up, but also wondexed how big a home occupation is going to be before it's too big and need to move to a more suitable facility. He felt the applicant was getting close. Chair Laxson-Vito stated she tends to agree with what's being said. She felt the CUP running with the property is a problem and wants to wait for legal advice for an ordinance amendment without shutting businesses down. Commissionex Booth asked if denying the CUP request, what Applicable Regulations would apply. The Planning Cominission discussed. Mr. Carlton xeminded the commission that statutorily the city is required to act on this application within 60 days. Moved by Commissioner Booth and seconded by Commissioner Beise to recornmend denial of the request by Jeremiah Shank for a Conditional Use Permit for Home Occupation to park work trucks at 18643 Yankton St. NW based upon the application of Applicable Regulations 1, 5, and G were not fully met. Motion carried 5-1 with Commissioner Mauren opposing. 6. General Business Mx. Caxlton stated that considering the recent findings on home occupations and the required changes to the IUP language, city staff will be bringing forward a moratorium on home occupation permits until council adopts the ordinance amendment. He noted this would be considered during the October 2, 2023, City Council meeting. 7. Council Liaison Updates CouncilmembeY Westgaard updated the conunission on recent council decisions including the home occupation discussion for both accessory structures and outdoor storage, trying to find a mechanism to allow businesses to operate home occupations in residential neighborhoods. PO�EREI ef ��V�� Plaiuiing Commission Minutes September 26, 2023 I 0. Motion to Adjourn Work Session Page 7 Moved by Commissioner Beise and seconded by Commissioner Keisling to adjourn the work session meeting of the Planning Cornmission. Motion carried 6-0. The meeting was adjoumed at 8:39 p.m. Minutes J�xepare�:l l��• �� °nnifex Green. j' J ��/�/� I/ � ' f � �-,�� " ' � _ _•�-'� - - '. i � . Jill L:ir;on-1�'itq Chair --- , ;J I Tina A�ard, City Clerk PO�EAEB er �� 1 �� Request for Action To Item Number Ma�Tor and Ci T Council 5.3 Agenda Section Meeting Date Prepared by Public Hearin s October 16, 2023 Zack Carlton, Communittr Develo ment DirectoY Item Description Reviewed by Conditional Use Permit Home Occupation, Chris LeesebeY , SenioY PlanneY Parking Work Vehicles — 18643 Yankton St Reviewed by NW Cal Pormer, Ci T Administrator Action Requested Direct staff to bring forward a Finding of Fact denyTing the Conditional Use Permit (CUP) request as standards one, five, and six cannot be met The Council would consider the resolution on November 6, 2023. . . t � Alternarively, if the CityT Council believes the standards for approval � I can be met, staff Yecommends including the following conditions to " � ca aa satisfyT the standards set forth in Secrion 30-654: �� 1. Outdoar vehicle and equipment stoYage is limited to three -" 3 bucket trucks, and two trailers `vith traffic control devices. f. x 2. The applicant must remove one drivewa�T connection to RR � Yankton St. NW. � � I � , 3. CityT code violations must be addressed prior to recording the • Hwr �o CUP. � - ca i z 4. All parking and drive`vayT areas must be finished `vith Class 5 gravel (or similar), bituminous, or concrete. 5. The applicant must receive approval of a variance permitting construction of a drivewatir within 100 feet of the Elk River. �� 6. An�T additional environmental concerns noted byT the cityT's ti�y environmental consultant must be addressed before releasing �°%9 the CUP for recording. 7. r1ll distuYbed aYeas need to be seeded and vegetation � 7 Figure I establishment must achieve at least 70%. 8. The home and gaYage shall not be used foY business purposes — including the stoYage of vehicles, trailers, paint, and materials. 9. Vehicle and trailer parking related to the business must occur on an approved surface. 10. All vehicles must be licensed and opeYable. 11. Employee vehicles and company vehicles may not paYk on the street. 12. The outdoor storage of materials, beyTond the work trucks and trailers, is prohibited. 13. Maintenance of work vehicles beyond basic tasks (headlight, flat tire, etc.) is prohibited. 14. Vehicle idling oYdinances must be met at all times. 15. The property shall comply with all city rental ordinance standards. The Elk River Vision A �a�elco�ning colnlnunity 2arith Tevolutiona�y and spi�zted Tesourcefulness, excptional se�vice, and co�n�nunity engagelnent that encou�ages and in��i�espzo��e�zty. P o w E R E 0 e r ��►�'UR� Up�iited.• August 2020 Background/Discussion Case No. CU 23-19 The applicant, Jeremiah Shank, has requested approval of a Conditional Use Permit authorizing the operation of a home occupation at his home. The applicant operates a utilityT equipment painting companyT and proposes storing three work trucks and t�vo trailers with traffic control devices in his driveway. He notes that neither the home nor the gaYage will be used foY material oY pYoduct stoYage. The subject propeYtyr is located in the R-1b zoning district and is 3.48 acYes in size, howeveY, much of the pYopeYtyr is unusable due to the location along the Elk River and topography. The proposed storage area will take place in the drivewayT along Yankton Street. The applicant was a previous emplo�Tee of the compan�T Bullfrog Industries but recentl�T purchased the business from the previous owner. Public Hearing Two residents and the applicant spoke during the public hearing with the Planning Commission. The first neighbor expressed a number of concerns with the propertyT dating back manyT yTears. Here is a summaryT of the concerns: ■ There are materials left around the propertyT and the garage, including old paint cans, pallets, and temporaryT shed structures. ■ Maintenance of vehicles has occurred on the propertyT, be�Tond the basic maintenance of headlights. ■ He believes home occupations should serve as a transition during a gro`vth phase and states that the subject business may have grown beyond the capacities of a home occupation at a single-family home. ■ RefeYenced alleged environmental conceYns from 10+ yeaYs ago. ■ He has concerns with the pYolifeYation of vehicles and traileYs that have at times been located on the site. Notes that up to nine vehicles have been theYe befoYe. ■ Notes the current drive`vayT work mayT have impacted required setbacks and ordinance standards related to the pro�mityT to the river and environmental standards. ■ Believes the applicant should have received a grading permit for the driveway. ■ Notes that the applicant may live out of state and believes a Yental peYmit may be Yequired. The applicant spoke and responded to the previous comments. The applicant's responses are summarized as follo`vs: ■ Vehicle maintenance, like oil changes, were done on his personal vehicles and not work vehicles. He stated that all maintenance is done at dealerships. ■ Acknowledged that trailers have been parked on his propert�T in the past and asked to update his request to allow t�vo trailers and associated traffic control devices (cones and barricades). ■ Stated that his driveway woYk tivas not deeper than 1-foot as stated b�r the Yesident. ■ Ackno�vledged that cinT staff visited the site `vith him 8-10 yTears ago to address grading and environmental concerns around the home. He said the work requested byT cityT staff was addressed. ■ He does have plans to gro`v the business, possiblyT relocating the operation, but `vould prefer to discuss that outside of a public meeting. A second resident spoke and noted that she lives directlyT across the street from the subject parcel. She noted that her propernT is the closest to the applicant's and said she does not have anyT concerns ��ith the operation. She stated that she has not seen excess vehicles on the properttr, nor has she seen the street blocked b�r work-related vehicles. She finished b�r saying that she has no issues with the proposed use nor `vith the appearance of the site. Staff reviewed the project with the cinT's environmental consultant and she stated that, based on the information presented, the onl�r concern at this time is the drivewa�r extension and the setback from the river. Sec. 30-2024 notes that driveways must meet the structure setbacks foY pYopeYties along the riveY. She noted that the applicant can app1�T for a variance from the required 100-foot setback for unse`vered lots along the Elk River. Unless the drive`vayT is removed, this variance will need to be processed b�r the cit�T regardless of the outcome for the current CUP application or the drivewa�T relocated. Staff informed the applicant of this standard and he is currentl�T �vorking on the variance application. The application will likelyT be reviewed b�T the Board of Adjustments on November 28, 2023. Additionally, the applicant plans to meet with the cityr's environmental consultant Friday OctobeY 13, 2023, to review the site and identify any possible concerns related to the environmental standards. Staff will provide an update during the council meeting. The home occuparion Yequest has been updated to include the tt�o traileYs and the associated traffic control devices. Staff spoke `vith the applicant regarding the possible need for a rental license and the need to address an�T outstanding code violations. Based on staff's reading of the rental ordinance standards, the current operation of the household would not require a rental license as one tenant cohabitates with the o`vner in a shared living space. The Planning Commission expressed concerns `vith the aesthetics of the residential propernT due to the parking of commercial vehicles and trailers. The commission felt this `vas a violation of the first standard, detrimentally affecting the use and enjoyrment of other pYopeYtyr in the aYea. Theyr also took issue with the size of the current operation and the possibilit�T of relocating to a commercial/industrial site. FinallyT, theyT noted concerns regarding environmental compliance, resulting in the propertyT not meeting standards five and six of the CUP standards. The Planning Commission voted 5-1 to recommend denial of the home occupation CUP. Since the Planning Commission meeting, the applicant has continued to `vork to address staff comments regarding drivewayT removal, turf establishment, and environmental compliance. Financial Impact None Mission/Policy/Goal ■ Support the residential and business communities. ■ Meet changing needs - Agile Attachments ■ Planning Commission Packet dated September 26, 2023 Request for Action To Item Number Plannin Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearin s Se tember 26, 2023 Zack Carlton, Communittr Develo ment DirectoY Item Description Reviewed by Jeremiah Shank — 18643 Yankton St. NW Chris LeesebeY , SenioY PlanneY ■ Conditional Use Permit for Home Reviewed by Occupation — Parking Work Trucks, Case No. CU 23-19 Action Requested Recommend, byT motion, approval of the Conditional Use Permit `vith the following conditions to satisfyr the standards set forth in Section 30-654: 1. The applicant must remove one driveway connection to 2. 3. 4. 5. 6. 7. 8. 9. 10. Yankton St. NW. All parking and drivewa�r areas must be finished with Class 5 gravel (or similar), bituminous, or concrete. All disturbed areas need to be seeded and vegetation establishment must achieve at least 70%. The home and garage shall not be used for business purposes — including the storage of paint and materials. Vehicle parking related to the business is limited to three and they must be parked on a finished surface. r1ll vehicles must be licensed and opeYable. EmployTee vehicles and company vehicles may not park on the street. The outdoor storage of materials, beyTond the `vork trucks, is prohibited. Maintenance of work vehicles be�Tond basic tasks (headlight, flat tire, etc.) is prohibited. Vehicle idling ordinances must be met at all times. ` ' � i � � lI \ ,—� I --- RR `� • H",y i o CR 33 � � x �. , � CR I2 �� y�y �O /69 Figure I Background/Discussion The applicant, Jeremiah Shank, has requested approval of a Conditional Use Permit authorizing the operation of a home occupation at his home. The applicant operates a utilityT equipment painting companyT and proposes storing three woYk trucks in his drivewayr. He notes that neither the home noY the gaYage will be used foY material or pYoduct stoYage. The Elk River Vision P 0 N E R E U e r A �a�elco�ning colnlnunity 2arith Tevolutiona�y and spi�zted Tesourcefulness, excptional ��R� se�vice, and co�n�nunity engagelnentthatencou�ages and in��i�espzo��e�zty. Up�iited.•August2020 The subject propert�r is located in the R-1b zoning district and is 3.48 acres in size, however, much of the propert�T is unusable due to the location along the Elk River and topography. The proposed storage will take place in the driveway along Yankton Street. The applicant was a previous employTee of the companyT Bullfrog Industries but recentlyT purchased the business from the previous owner. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions �vith regard to the development oY opeYation of the pYoposed use as it consideYs necessar�r to satisfyr the seven standards set foYth in Section 30-654 and the requirements contained in this article and to promote comparibilityT with and minimize anyT potentiall�T adverse effects upon adjacent properties, the neighborhood or the cinT. The issuance of a Conditional Use Permit can be ordered onl�T if the use at the proposed location: 1. LVill not en�iinge�; inju� e or det�z�nentally affect the use and enjoylnent of othe��p� ope�fiy in the iyn�nediate vicinity oT� the pul�lic health, safety, ynozals, colnfoT�, convenience o�•general �a�elfa�e of the neighl�oThood oT� the city. The parking of licensed and operable vehicles on drivewayTs in residential zoning districts is permitted. The concern ��ith the request is the size of the vehicles. These are large woYk trucks used for painting traffic signals or similar. Staff has included conditions limiting the total number of `vork vehicles on site to three and prohibiting using the street for work-related parking. These conditions do not address the visual impact of the vehicle parking, but it does limit the potential impact to the neighborhood. 2. LVill l�e consistent 2arith tbe Coynprehensive Plan. The Comprehensive Plan supports gro`ving our business community and preserving residential districts. Recognizing that home occupations are an allowed use under the zoning district, the request is consistent with the Comprehensive Plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. LVill not ilnpede the noT7nal and oTdeT ly developinent an� i1np� ove�nent of su�7�ounding vacantp� ope�7y. The adjacent Yesidential land is fully developed with single-family Yesidential uses. A cityr paYk is located across the river to the north, but the parking area is largelyT screened by the home. There is also a vacant lot acYoss Highway 10 to the south. This paYcel has Yeceived approval for a Yesidential development including an apartment building and townhomes. The proposed use would not impact development and improvement of surrounding properties. Staff do not see a need to impose specific conditions to satisfy this standard. 4. LVill l�e seyved adequately l�y and �a�ill not adve�:sely affect essential pul�lic facilities and se�vices including street�; police and fire protection, dyainage, Tefuse dis�osal, aa�ater� and se�a�ey �yste�ns, pa�ks and schools; and aa�ill not, in pa��icular, cr�eate t�a�c congestion oy inteT, feTence 2a�ith tza�c on adjacent and neighl�o�zngpul�lic thoroughfares. CityT ordinance limits drive`vayT connections to cit�T streets at t�va The applicant recentl�T constructed a third drivewayT, creating a non-conformance. Staff spoke with the applicant about this issue and advised him to remove one of the three drivewayTs. This process is currentlyT under�vayT and needs to be addressed independent of the CUP request. Staff has included conditions requiring removal of one of the drivewayTs and requiring turf establishment in the disturbed areas. 5. LVill not involve uses, activities, p� ocesses, �nate�zals, egu p�nent and conditions of opea ation that �a�ill I�e detTzlnental to any peT:sons orprope�7y l�ecause of excessive tTa�c, noise, s�noke, fulnes, glare, odo�:s, dust or vil�rations. The propertyT is located at the corner of Highway 10 and Yankton. The pro�mityT to a major roadway limits traffic impacts in a residential area, including noise, smoke, fumes, etc. The parking of three �vork vehicles will be no more impactful from a material/equipment standpoint than legally parking three privatel�T owned vehicles. Staff included a reference to the cityT's vehicle idling standards to minimize impacts from vehicle noise and fume s. 6. LVill not yesult in tbe dest�z�ction, loss oT� �iilnage of a natural, scenic oz• histo�zc featu� e of ynajo�� iynpo�7ance. The vehicles are parking on a drive`va�T and �vill not result in the destrucrion or damage to natural or historic areas. Staff do not see a need to impose specific conditions to satisfyT this standard. 7. LVill fully colnply �a�ith all otbe�� equiTelnents of tbis Code, including any applical�le �equizelnents and stan�iiz�s fo�� the issuance of a license oz�pe�7nit to estal�lisb and oper�ate tbe pToposed use in the city. Home occupations occurring in an accessor�T structure (attached or detached) `vould require updates to comply with commeYcial building codes. The applicant has stated that the building will not be used foY business and staff included conditions prohibiting this use to affirm that statement. Staff included a number of conditions to keep the propernT in compliance with cityT ordinances. If denial of such a permit should occur, it shall accompanyT recommendations or determinations byT findings or a YepoYt stating how the proposed use does not comply with the standaYds set forth in Section 30-654. Financial Impact None Mission/Policy/Goal ■ Support the residential and business communities ■ Meet changing needs - Agile Attachments ■ Location Map ■ Applicant's Narrative ■ Site graphics and photos . , ' [� : j�^µ�'nj �J'''��'f W 11� � . . . :��. ^�.I� . i.'. i • �T ,� � , , � � �- ��y,�� `t � �• ,_ it�'-,� J`�C`O O^ '�= -� t I ��f � #� ;• •�:. �, , �. �. ' M_:` U � � . - /,.. •� c � '' � � A. � �i� .�� .� 'S � • , �. :L t !� �' �. ,`.' l � _ ro _. � , _ . °�: -V'� + :''� -� � � � _�r.t � � � s _ .� fC' �, . . �. � � � ��' • . • Y � � __ ._ . � ,�:e= � > •; 75-131=2200 •.c; , .� - '''�'s._�:`�iY, J��< ,!• l51:i1 130U c;. . , � ��. - . Y _ . '1% _ � ••� J � ~ . 1 � � - _ � �_�� \.. f, � .F1 _? �Y .��1 . . 3i . � � � _ " •y�`ir-�'� , �:.�. M . !� ,:� , r,�'t . -: I w � .. • � - ,� ':� ��' tf'"' _��'�'�i; �' ' �' ?' ��,C' , '-�. =�' �� '� 4 -- , ��'iI �s��_� . t! � ,�. / � 131-1711 � � . � � . . � . , t''` • • � . _. . �,► . _ ' ., '�?. �'•' - �,: ;� �K '� ' l � }�„_�``' ' �� i, � F �' � . � �f - � �� !w' � �' � %. � � /` . `� � � � � V. ,. �� ti � i , . , I . _ �. ^ �, �*�;� %� ,. 'f ; . ; �,�''�u."; - ,_ : . . . '� � .�'. '�!-' . f ♦ �i� ' _ �`'�.� • • • ri" ' � 5�_ ;� / .�' � _ i�.'. '��• •�• i . � ' � ;�• . .� • ,.m ,� - " � � �� . _ �� . . - �� ; Jeremiah Shank Case No: CU 23- I 9 Elk Conditional Use Permit River CU 23-19 Narrative Parking of work trucks on "improved surface" (class 5) as seen in pictures attached in Site Plan. 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Conditional Use Permit ERiver Background ■ Conditional Home Occupation ■ Bullfrog Industries — paints traffic signals, streetlights, etc. ■ Bucket trucks and trailers stored on site ■ Materials are not stored ■ Expanded driveway to accommodate parking ■ Third access must be removed Business Operation ■ Three work trucks and two trailers with cones and barricades stored on site during construction season ■ Vehicles stored off-site depending on job ■ Up to two vehicles stored off-site during the winter ■ Vehicles must be parked on approved surfaces at all times ■ Employees arrive at property and get into work vehicles ■ Neither the home or garage are used for business purposes ■ Paint and materials purchased day of or stored with client �'n.c'�� l� ',y r , �..�C,��.y, �ii!� � , °i! v ��r�f �� .� %F'� w� %., 3� -��',; ��'f� ` � y, d�.ry� Tr' �� & fi k"�, � t �L¢ ar � ,. �J : � ,a � qY �w � �w z' �,�fi '�t �� 'r �rc .. , '4��:� � .� - sy � � f ,� . �� i, . ;��. �� i�. 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Y .! � j� �`�f�4��1 ''� •,`' �� v �" � . . _ � , x L;:' -.. o ... . .. � ...� i ^�r._ i`'S.�'.�� `�-. sl.�' _ ^ .. Home Occupation Concerns ■ One driveway connection must be removed ■ Driveway extension must be surfaced with gravel or pavement ■ Revegetate disturbed area ■ Parking limited to three business related vehicles and two work trailers with cones/barricades. ■ Business related parking on street is prohibited ■ No outdoor storage ■ No vehicle maintenance ■ Observe vehicle idling ordinances. ■ Idling longer than 15 min. from April 16 through October 31, and 30 min. from November 1 through April 15. Planning Commission and Public Hearing ■ Two residents and the applicant spoke during the PH ■ Concerns noted by one resident ■ Materials left around property — paint cans, pallets, temporary sheds, etc. ■ Vehicle maintenance (oil change) . ■ Too large for property — time to move to comm/ind site. ■ Numerous environmental concerns ■ Up to nine vehicles parked on site at one time ■ Driveway location may impact river setbacks ■ Permits needed for work ■ Lives out of state during winter, may need rental license. Planning Comm. and Public Hearing (cont.) ■ Second resident spoke in support of application ■ Lives across the road and has not seen excess vehicles. ■ No concerns with application or appearance of site. ■ Applicant responded to earlier comments: ■ Maintenance on personal vehicles done on site, but commercial maintenance done by dealerships ■ Acknowledged trailer parking and asked to add to app ■ Reviewed previous meeting with environmental staff ■ Business is growing, but would not discuss plans during open meeting. Planning Comm. and Public Hearing (cont.) ■ PC expressed concerns with property aesthetics due to commercial vehicle parking. ■ Noted the proposed use may be too big for the site. ■ The commission also expressed concerns regarding possible environmental compliance concerns. ■ Commission recommended denial by a vote of 5-1, stating the request does not meet standards one, five, or six. Updates After PC Meeting ■ Applicant met with environmental staff on site ■ Variance needed for driveway (regardless of H.O.) ■ Add berm and depressions to slow and control water. ■ Rental license not required based on current ordinance ■ Code violations must be addressed prior to recording CUP Action Requested ■ Direct staff to bring forward a Finding of Fact denying the CUP request. Specific standards must be noted. Consider on November 6, 2023. ■ If Council believes the CUP standards can be met with conditions, the Council may approve with the 15 recommended conditions noted in the memo. ■ Includes driveway variance, environmental compliance, code enforcement activities, and rental standards. Meeting of the Elk River City Council Held at the Elk River City Hall Monday, October I6, 2023 Members Present: 1�1a�-or John Dietz, Councilmembers CoryT Grupa, Mike BeyTer,l�latt Westgaard, and Jennifer WagneY (left at 6:31 p.m.) Members Absent: None Staff Present CityT Administrator Calvin Pormer, Assistant CityT Administrator Joe Stremcha, Parks and Recreation Manager iVlichael Hecker, Public Works Director Justin Femrite, CommunityT Development Director Zack Carlton, Senior Planner Chris Leeseberg, CityT Attorne�T Jack Brooksbank, Police Chief Ron Nierenhausen, Economic Development Director Brent O'Neil, Building Official Mark Pistulka, Multi-Purpose FacilityT Superintendent, Tim Dalton, and CityT Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River CittT Council was called to order at 6:00 p.m. by MayoY Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Councilmember Wagner requested removal of Item 4.5. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Grupa to approve: 4.1 October 2, 2023, Minutes. 4.2 Check register as oudined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Appointing Lynn Caswell to the Housing and Redevelopment Authoriry with a term expiration of December 31, 2024. 4.6 Hiring paid on-call frefighters effective October 18, 2023, as listed on the staff report. 4.7 Hiring of Scott Clark to the position of Communiry Service Offcer II/Evidence Technician effective October 23, 2023. 4.8 Resolution 23-42 authorizing execution of a grant agreement for the Toward Zero Death Program. 4.9 Extending Conditional Use Permit CU 19-14 to Apri11, 2024, to allow applicant to complete the required conditions. 4.10 Bid from TD & I Cable Maintenance and authorize execution of contract with $605,587.25 for the construction of the east fber extension project. Accept the alternates A1- the Johnson Tower lateral =$42,465.00, A2 - the Auburn Tower lateral = $26040.00, A3 — connection to wells 7,8,9 =$79,444.00, A4 — Trott Brook Park lateral = Citv Council Minutes Octobei 16, 2023 Page 2 $5,250.00, A5 — Hillside Park lateral= $11,872.00. Reject the alternate A6 — deduct to 96 strands as it is not cost-benefcial. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6. I City of Elk River Volunteer of the Month Mayor Dietz presented the October Volunteer of the Month award to SherryT Benson. He highlighted the following: ■ Deliver birthday and Christmas gifts to senior citizens. ■ Volunteer for CHAP ministries. ■ Spends time fundraising to purchase gifts for seniors and donates her own moneyT to the effoYt. ■ Focuses on bringing gifts to veterans and the elderly. ■ Passionate about the plight of seniors in our communityT. 6.2 Recognition of The Bank of Elk River Mr. Hecker presented the staff report and thanked The Bank of Elk River for their sponsorship. MayTor Dietz read and presented a recognition plaque to representatives from the bank. 6.3 Heritage Preservation Commission Interviews The Council intervie`ved applicants for the Heritage Preservation Commission. 6.4 Appeal Hearing The Council noted no decisions will be made tonight and they will review the attendance policy at the November 6 meeting. ■ Library Board Ms. HegartyT outlined whyT she missed board meetings as noted in her letter in the staff report. ■ Multipurpose Facility Commission l�Zs. WalkeY explained she missed one commission meeting due to attending a competition event for her daughter in Poland and she accidentall�T missed her second meeting. She believed the commission minutes showing her third absenteeism were incorrect. rowEnEo er ��►�u�� City Council Minutes Page 3 Octobei 16, 2023 7.1 Conditional Use Permit: Warehouse and Outdoor Storage at 10835 170t" Avenue Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this matter, Mayor Dietz closed the public hearing. The Council discussed the pros and cons of the right-of-way options pYesented by staff. Councilmember Westgaard informed the applicant he would be held to a higher design standard because the propernT is in a high visibilityT location from a main arterial road. Dave Nelson, applicant, stated he would like to work out a shared access/maintenance agreement with the adjacent pYopeYtyr owner. He furtheY stated the design standaYds have yet to be finalized but it won't be a pole barn styTle building. Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Conditional Use Permit, Case No. CU 23-21 with the conditions to satisfy the standards set forth in Section 30-654: 1. All driving, parking, and storage areas shall be bounded by B612 concrete curb and gutter. 2. The fenced outdoor storage area shall be: a. Limited to 3,000 square feet. b. Fenced with a 6-7 foot tall 100% opaque fence with gates, to be closed when not in use. c. Be paved with an approved surface (Class 5, concrete, asphalt, or crushed concrete/asphalt). 3. Wetland boundaries shall be marked with flags and silt fence shall be installed at the 25- foot wetland buffer edge prior to any construction activity on site. 4. The subject property owner and the property owner to the west shall engage in a license agreement with the city oudining their maintenance responsibilities of the shared access. Motion carried 5-0. 7.2 Conditional Use Permit: Motor Vehicle Sales at I 5777 Jarvis Street Mr. Leeseberg presented the staff report. MayTor Dietz opened the public hearing. There being no one to speak to this issue, MayTor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve Conditional Use Permit, Case No. CU 23-20 with the following conditions to satisfy the standards set forth in Section 30-654: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 4 2. An amendment to this Conditional Use Permit will be required for future changes/additions not shown on the site plan dated September 26, 2023. 3. The applicant and/or property owner must apply for all required commercial building, electrical, plumbing, and/or mechanical permits before any associated activities can occur. 4. A code analysis fnding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 5. No outdoor storage of damaged or inoperable vehicles shall be allowed. 6. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 7. The parking lot shall be striped to city requirements for the required parking stalls. Motion carried 5-0. CouncilmembeY Wagner left the meeting at 6:31 p.m. 7.3 Conditional Use Permit: Home Occupation to include Outdoor Storage of Work Vehicles at 18643 Yankton Street Mr. Carlton pYesented the staff YepoYt. MayTor Dietz opened the public hearing. Mark Olson, 18778 Yankton Street — expressed the following concerns: ■ Environmental/shoYeland impacts due to location neaY riveY. ■ Storage of materials outside. ■ Commercial feel and business in residential area. ■ The need for an alteYnative septic site to be available. Jeremy Shank, applicant, 18643 Yankton Street — Stated the follo�ving: ■ Alway s`vorks to keep his property- nice, compact, and non-intrusive. ■ Trucks are not commercial vehicles and anyone with a regular license can drive them. ■ Cleared area to help with watershed. ■ Worked `vith the cityT ten yTears ago to help with water runoff issues. Ken Shank, 5908 151s` Lane, Ramseyr — Stated he is Jermiah's father and quesrioned the magic numbeY of land needed to opeYate a business as Jeremy has 4 acYes. He stated no trucks aYe stoYed in the woods as indicated previously. MayTor Dietz closed the public hearing. Councilmember Grupa questioned if there are deliveries to the propert�T and where theyT are stored on the site. Jeremy Shank stated there are no deliveries to the property. He stated trucks are at job sites for most of the summeY and paYked on the pYopeYty in winteY when not in use. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 5 Councilmember Be�Ter asked about the environmental concerns. Mr. Carlton stated the drivewa�T violates DNR setback requirements because it is within 100 feet of the river and `vould require a variance. He further stated there is a recommendation for berming so additional erosion is stopped. Councilmember Westgaard questioned the applicant about `vhere supplies are delivered and stored. JeYemy Shank stated he purchases supplies at retail stoYes and some supplies aYe left with customers, while others are stored in trucks. He stated employTees do park on the propertyT when they need to pick up the trucks prior to heading to job sites. Councilmember Westgaard concurred with the Planning Commission's recommendation. He stated the conditional use permit standards have not been met and the business has outgrown the residential area due to the amount of equipment it has and its use intensityT. Councilmember Grupa concurred stating the business has gro`vn, gotten out of control, and the applicant is now scrambling to make it right He wants the applicant to succeed but the commercial operation is not a good fit for a residential neighborhood. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to direct staff to prepare a Resolution with Findings of Fact denying Conditional Use Permit, Case No. CU 23-19 as Conditional Use Permit standards, one, fve, and six cannot be met as stated in the Planning Commission report. Motion carried 4-0. 8.1 Stop Sign Request MayTor Dietz opened this item for comment. Sam Obwaya, 9999 215`�' Avenue — Requested a stop sign at 215`i' Avenue and Edison Circle because he feels there is a lot of traffic, a group home, and deliver�T vehicles, through the area. He stated he has a special needs child `vho runs outside and is concerned �vith speeds in the area. Neil Thomas, 9998 215`�' Avenue — Stated the cityr needs to be proactive veYsus reactive and the whole neighborhood wants the sign. He also questioned ho�v staff kne`v `vhat the traffic count was for this area. Kathy Palmer, 19049 Dodge Street — Stated there are issues with traffic, kids can be unpYedictable and there is a need to make roads safe. She suggested that instead of a stop sign, all cityT streets should be 20 mph. Mr. Femrite presented the staff report He stated, based on adopted policyT, staff recommendation is not to install a stop sign because it doesn't meet the engineering warrants, would provide a false sense of securityT. and mayT not be legallyT enforceable or defendable. He explained how counts are determined and noted stop signs aYe installed at intersections to allow for safe access not foY addressing speed. He further noted the Council can override the policyT. MayTor Dietz stated he monitored the location and did see a reason for a stop sign. Councilmember Grupa concurred noting he evaluated the location as `vell and suggested consideration of alternative solutions b�T the homeowners. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 6 Councilmember Westgaard struggled to see how there is any volume of traffic when there are only four homes on the other side of the intersection and approving the request �vould be a drastic departure from current policy. Chief NieYenhausen stated a stealth stat could be installed on a temporary basis to determine traffic counts and speed. The Council agreed to have the stealth stat installed and continue this item to a later date once the Yesults have been evaluated. 8.2 Ordinance Amendment: Eliminate Local Permitting of Snowmobiles and ATV's Ms. Allard presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Ordinance 23-22 amending Chapter 74, Traffc and Vehicles, Article V., Snowmobiles and All Terrain Vehicles of the City of Elk River, Minnesota, City Code to eliminate local access permits for snowmobiles and ATV's. Motion carried 4-0. 8.3 Twin Lakes Road and Kelley Parkway Extension Project Funding Mr. Femrite presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Grupa to return the federal Surface Transportation Block Grant Program and Local Partnership Program Funding. Motion carried 4-0. 9. Adjourn Regular Meeting Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adjourn the regular meeting of the City Council. Motion carried 4-0. The regular meeting adjourned at 7:45 p.m. MayTor Dietz called the work session to order at 7:47 p.m. I 0. I Cannabis: Zoning and Licensing Mr. Carlton presented the staff report He discussed gro`ving, manufacturing, packaging, and distribution of some operations. He stated it can be a labor-intensive business operation with a lot of trucking and suggested locating them in the industrial districts. He would recommend regulating it like other industrial users regarding odor, employment, traffic, and parking. The�T could also create a ne`v use in the district. The Council questioned the growing operations and whether it's done indoors or out. Mr. Carlton stated it's an interior operation so everything can be controlled, such as temperature and lighting. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 7 Mr. Carlton discussed retail operation locations and suggested mirroring it like the current tobacco ordinance. Mr. Pormer stated the State Office of Cannabis i�lanagement will oversee and manage cannabis licensing, but the city can restrict where licensees can be located along `vith the number of licenses that can be issued. He noted a minimum of t�vo licenses would be Yequired in Elk RiveY (one license per 12,500 population). He stated it's currentlyr unknown how the licenses are going to be distributed by the state, but the law outlines that applications must be prioritized toward people who are considered social equinT applicants (which includes people who were convicted of possessing or selling cannabis; famil�T members of someone convicted of possessing or selling cannabis; service- disabled veterans, current or former members of the national guard, or anyT militaryT veteran or current or former member of the national guard who lost honoYable status due to an offense involving the possession or sale of cannabis; residents for at least five years of a neighboYhood that experienced a disproportionatelyT large amount of cannabis enforcement; emerging farmers; and residents of at least five yTears of census tracts `vith high povertyT rates). He further discussed the issues with cannabis not being legal fedeYallyr and that credit caYd sales aYe not allowed. He noted the municipal liquor stores could app1�T for licensing as well, but it would need to be separated from the liquor sales in the building. AttorneyT Brooksbank stated it's not known ho`v applicants will be selected yet but a scenario being discussed is there could be a scoring process with bonus points given for social equityT applicants. MayTor Dietz stated he likes the idea of the cityT keeping the t�vo licenses at the liquor stores but is concerned about communit�r pushback. Mr. Pormer stated it's beneficial for the following reasons: ■ cit�T can control the sale of cannabis. ■ proceeds would be reinvested back into the communityT versus the unknown `vith a private owner. ■ securityT concerns with a higher cash ttrpe business. Mr. PoYtneY stated the moYe licenses issued, the moYe excise tax the cityr would Yeceive from the state. The cit�r could start `vith a limited number of licenses and open it up to more in the future once any issues are ironed out. Councilmember Westgaard expressed concerns about not setting anyT limit and how that could affect the makeup of the communityT. He stated the revenue stream from the state could be minimal compared to impacts in the communityT. He'd like to start with a limit on the number of licenses. He is not sure he is interested in the cit�T becoming a cannabis dealer. Councilmember Beyer stated he liked to see a limit of two. MayTor Dietz stated he would not like to see more than four. Chief Nierenhausen stated it's best to start slow and be conservative, especiallyT since the la�us are so new. He stated any�thing more could create concerns with open and competing markets `vith increased crime and otheY ancillaryr issues. He stated the gYeatest value that could come fYom the sales proceeds, rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 8 from something `ve don't really want in our cit�T, is that the cityT controls the sale of the product, and `ve kno�v the benefit `vill go directl�T back to our communit�T. AttorneyT Brooksbank noted it is unclear if the cit�T �uould get precedent over other applicants. The Council concurred to the follo`ving: ■ Limit retail licenses to the minimum mandated by state law. ■ Directed staff to draft an ordinance regarding the zoning and regulations for manufacturing/growing operations. ■ Limiting the manufacturing/gro�ving operations to industrial districts. Chief Nierenhausen suggested the Council think about restricting retails sales, because of odor and sensitive locations, such as near schools. I 0.2 Consultant for Commercial Plumbing Plan Review Mr. Carlton presented the staff YepoYt. Mr. Pistulka talked about the issues as outlined in the YepoYt He discussed the cuYrent process and how it could be improved if theyr utilize a consultant He also Yeviewed the two fee options noted in the report. The Council concurred it would provide great customer service and be beneficial to have a consultant to assist in speeding up the approval time for receiving a permit. 10.3 Discuss City Property Use Licensure/Sale Mr. Leeseberg presented the staff report. Councilmember Westgaard stated he �vould prefer a lease agreement in case of future downtown development or road alignment. 1VLr. PoYtneY noted the pYoperty would become taxable if leased. The Council concurred to pursue the lease agYeement. 10.4 Furniture and Things Community Event Center 2024 Budget Review Mr. Stremcha presented the staff report He noted the Multipurpose Facilittr AdvisoryT Commission recommends a variet�T of solutions to solve the budget deficit He discussed: ■ Reductions in part-time staffing. Adjustments in hours of dayTtime staff to nights and �veekends. Reduce customer service associate hours during the day and utilize senior activityT centeY staff to coveY the f�ont desk. Switching full-time maintenance to weekends. ■ Extending summer ice sales byT 200 hours for tournaments and leagues. ■ In the future consider a long-term governmental fund transfer for support of specific areas of the building, such as the senior activityT center because it was a governmental fund operation. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 Page 9 Councilmember Be�Ter expressed concerns with the projected concession revenues increasing from $73,000 to �200,000. iVlr. Stremcha noted the facilit�T is entering its busiest season. He stated theyT are increasing events byT adding more tournaments and leagues. Councilmember Westgaard further noted the first seven months of the year included a transitioning process to implement the concessions. CouncilmembeY WestgaaYd questioned where staff would find an extra 1,000 hours of ice to sell. He expYessed concern with the pYojected incYeases in revenue being a Yealistic goal to meet. 1��. Stremcha stated the Cornerstone Arena ice �vould stayT in all yTear except for one month. MayTor Dietz questioned the recreation fees increasing b�T $100,000. Mr. Stremcha stated its extended programming to fill the shoulder seasons such as summer break awayT and host leagues. MayTor Dietz asked staff to follow up on analyzing utilityT bills to reduce costs. Councilmember Westgaard expressed concerns with Personnel Services being t�vo-thirds of total expenditures and continuing to increase the next few yeaYs. He questioned if theYe was any data from comparable facilities regarding their staffing levels. Mr. Stremcha stated the arena component can be compared, but not the other components. May-or Dietz noted Personnel Services are comparable to the cityT. Councilmember Westgaard has concerns `vith the fund balance alreadyT being negative when $655,000 in ARPA funds was transferred in 2022 to pay for future capital purchases. He questioned whyT the fund balance is dropping because it needs to grow to payT for future repairs. Mr. Stremcha stated the rest of 2023 has not been taken into consideration `vhen the facility `vill be hitting its highest revenue sales. Councilmember Westgaard stated this facilityT needs to be putting moneyT a`vayT and it's struggling to get to zero and questioned if the facilityT can be self-sustaining without having transfers in from the General Fund budget. Mr. Pormer stated `vith the building being so ne�v it needs to build some historyT and starting in 2024 the�T should start to see a trend line. Councilmember Grupa stated the ice portion of the facilityT should be able to payT for itself, but he questioned the field house. Mr. Stremcha discussed the hard-court surface acrivities, such as pickleball/basketball as an expanded service offering being considered. Councilmember Be�Ter suggested changing the budget c�Tcle to Ju1�T. Councilmember Westgaard questioned revenue contriburions of $50,607 which are not a budgeted item. Staff `vas to revie`v the item and bring back to Council for an update. There was an update on the field house flooring. iVir. Stremcha discussed different options and pricing and noted it's an additional $12,000 for the fle�ble concrete option. He stated the Council could use the Governmental Building, Building Reserve or ARPA funds to pick up the difference depending on the option selected. The Council also noted the additional expenses of supplies that need to be purchased. Councilmember Westgaard stated he would like to see the total project cost laid out before deciding. rowEnEo er ��►�u�� Citv Council Minutes Octobei 16, 2023 I I. Motion to Adjourn Page 10 Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting of Ciry Council. Motion carried 4-0. The meeting adjourned at 9:25 p.m. John J. Dietz, MayoY Tina Allard, City Clerk rowEnEo er ��►�u��