8.1. SR 01-04-1993
ITEM 8. 1.
TO:
MAYOR AND CITY COUNCIL
FROM:
SUBJECT:
SANDRA THACKERAY, CITY CLER~~
DECEMBER 28, 1992 ~ .
LICENSE RENEWALS
DATE:
KENNEL LICENSES
--Grace Ostien - 20824 Concord St NW
--Jo Magney and Joe Spengler - 20722 York St NW - 3 Dogs
--Stoffel Reitsma - 10860 181st St NW - 12 dogs
A commercial kennel license is required of any person having 3
or more dogs over 6 months of age on his or her property. A
kennel license cost $75.00 and requires a conditional use
permit. The above-listed kennels have conditional use
permits. The kennels are inspected prior to Council review of
the licenses.
.
Spengler/Magney The Spengler/Magney kennel has been
inspected and found to be in compliance with all of the
conditions set by the conditional use permit.
Reitsma The Reitsma
be in compliance with
conditional use permit.
kennel has been inspected and found to
all of the conditions set by the
Ostien The Ostien kennel is not completely in compliance
with the conditional use permit. Mrs. Ostien has not expanded
her kennel runs to the maximum of 17 which is allowed by her
conditional use permit. She was previously granted an
extension for her conditional use permit and is now requesting
another extension. Please see the attached memo regarding the
conditional use permit by Janelle Schmitz.
Staff is recommending approval of all of the above kennel
licenses.
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BOWLING ALLEY LICENSE
--Elk River Bowl
.
Bowling Alley licenses cost $50.00 for the first ten lanes and
$5.00 for each additional lane. The licenses are renewed on an
annual basis.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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Staff recommends approval of the Elk River Bowl Bowling Alley
License.
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CIGARETTE LICENSE
--Elk River Bowl
--Houle Oil Company
--Pamida Discount Center
--Elk River Country Club
--Sunshine Depot
--Wapiti Park Campground
--Snyder Drug
--Northbound Liquor
--Kemper Drug
--Fraternal Order of Eagles
--Ebner's Bait
--Broadway Bar and Pizza
--American Legion
--SuperAmerica
--Red Carpet Inn
--Ron's Foods
--Circle C Foods
--Circle C Foods
--Townmart
--County Market
--Dick's Riverfront Bar
Cigarette Licenses cost $15.00 regardless if
vending machine or over the counter and are
annual basis. All of the above licenses are
have submitted applications and license fees.
they are sold by
renewed on an
renewals and all
.
Staff recommends approval of the above cigarette licenses
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MECHANICAL AMUSEMENT DEVICE LICENSE
--Player's Club Billiards
--Wapiti Park Campground
--Pizza Hut
--Fraternal Order of Eagles
--Dick's Riverfront Bar
--American Legion
--Elk River Ice Arena
--pamida
--Just For Fun
--Elk River Bowl
--Broadway Bar & Pizza
--Elk River Theater
The licensing of mechanical amusement
video games, pool tables, mechanical
pinball games. The cost of the license is
All applications and license fees have
above listed establishments. All are
Players Club Billiards.
devices includes all
rides, jukeboxes and
$35.00 per device.
been received for the
renewals except for
.
David Ratajczak has purchased the Players Club Billiards. Mr.
Ratajczak has made application for the Billiards Hall license
and paid the license fee. Staff has given Mr. Ratajczak a copy
of the conditions of operation set by the Conditional Use
Permit. Mr. Ratajczak is planning to attend the Council
meeting to answer any questions the Council may have.
.
.
.
Staff recommends that Council approve the above Mechanical
Amusement device licenses.
TO:
MAYOR AND CITY COUNCIL
FROM:
JANELLE SCHMITZ, ZONING
" ,J'
ASSISTAI'fr.t: f' ,J
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DATE:
DECEMBER 30, 1992
SUBJECT: GRACE OSTIEN CONDITIONAL USE
PERMIT
In October 1987, Grace Ostien gained approval of a conditional
use permit to allow her to run a dog kennel. The original
approval was subject to 12 stipulations. The stipulations can
be found in the attached City Council minutes. In March 1991,
the City Council approved several modifications to the original
conditional use permit including a reduction in the number of
kennel runs from 21 to 17. At that time, the City Council also
granted an extension to the conditional use permit as not all
of the stipulations were met.
After an inspection conducted
Service Officer, Ms. Ostien is
stipulations of her conditional
Ostien's operation is well
neighbors have been received.
by Cheryl
still not in
use permit.
kept and
Edinger, Community
compliance with the
Cheryl stated Ms.
no complaints from
.
Staff would like the City Council to consider whether another
extension should be granted to Ms. Ostien. According to City
ordinance, conditional use permits have 2 years to meet all of
the stipulations to ensure compatibility with neighborhoods as
they exist at the time of the permit approval. Since Ms.
Ostien's approval was granted over 5 years ago several new
homes were built in the area. However, the neighborhood is at
full capacity as Concord Street is a private road and no new
lots can be created. Staff feels a specific time frame should
be established for the stipulations to be met, and that this
conditional use permit should not be open-ended. Ms. Ostien
will be at Monday's meeting to explain to the City Council her
future plans for the kennel as well as the expected time frame.
.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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~13547
Page 7
City Council Minutes
October 19. 1987
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Mayor Gunkel
amendment to
manufactured
noted that
allow the
structures
Mr. John Taggart is requesting au ordinau
sale and display of manufactured bomes nd
within a C-3B/Highway Commercial zoned di rict.
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5.12.0rdinance Amendment Request by Bridgestone Enterprises/Public Hearing
Plauning Commission Representative Kropuenske indicated that
Commission voted in favor of the request. He indicated t
explained to the Commission that there would only be one
Other units on-site would be units which have been s
for financing to be completed. The Planning Commisso n
operation would be similar to a mobile home sales 1
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e Planning
Mr. Taggart
on display.
d and are waiting
did not feel this
Mayor Gunkel expressed her wi this type of use in regards to
highway frontage. She felt uld be more of an industrial use.
Mayor Gunkel indicated she would 1" to see this item tabled until such
time that the Growth Management lan Task Force presents a plan to the
Council in regards to industrial a a commercial space in Elk River.
no one for or against
Mayor Gunkel opened the public hearing. There
the matter. Mayor Gunkel closed the public
.
Councilmember Tralle indicate
this is a permitted use in th
this as an industrial use.
be opposed to the request because
and further indicated that he saw
COUNCILMEMBER TRALLE M
SALE AND D I SPLAY OF
C-3B/HIGHWAY COMHBRC
TO DENY THE ORDINANCE AHKNDKENT TO ALLOW THE
ACTURED HOMES AND MANUFACT'URKD STRUCTURES IN A
ZONE. COUNCILMEMBER DOBEL SECONDED THE MOTION.
Councilmember Sch dt indicated he concurred with Councilmember Tralle and
further that he as concerned about the highway frontage.
THE MOTION
Permit To Allow Mobile Home Sales in C-3B Zone
indicated that this item would not be discussed due to the
pr~ious item was denied.
~ 5.14.Conditional Use Permit/Commercial Dog Kennel/Grace Ostein/Public Hearing
Mayor Gunkel indicated tbat Mrs. Grace Ostein is requesting a conditional
use permit to operate a commercial dog kennel in au A-l/Agricultural zoned
district.
.
The Building and Zoning Administrator explained tbe details of the
proposed dog kennel. Mr. Rohlf noted that the noise level was a major
concern of the Plauning Commission. Mr. Rohlf explained tbat Mrs. Ostein
bas addressed tbe noise level by allowing for concrete block dog houses.
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213547
Page 8
City Council Minutes
October 19. 1987
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Planning Commission Representative Kropuenske indicated that the Planning
Commission denied the request because the area is residential in nature
and because a kennel would affect surrounding property values.
Mrs. Ostein indicated that
agricultural. She further
agricultural zones.
she owns 20
indicated that
acres of land which is zoned
kennels are allowed in
Mayor Gunkel opened the public hearing.
Mr. Bob Nelson stated he lives on Concord Avenue and is opposed to the
situation because of the noise.
Duane Kropuenske addressed the Council as a citizen and stated his
opposition to the request due to the effect this would have on surrounding
property values.
Mr. Bob Nelson indicated he would like to see the Council be very specific
in the specifications if the conditional use permit is granted.
Councilmember Tralle indicated he would vote in favor of the kennel
because of the fact that a kennel is permitted as a conditional use in an
agricultural zone.
Mayor Gunkel closed the public hearing.
COUNCILMEMBER TRALLE MOVED TO GRANT A CONDITIONAL USE PERMIT TO GRACE
OSTEIN WHICH ALLOWS THE OPERATION OF A KENNEL ON PROPERTY LOCATED IN THE E
1/2 OF THE NW 1/4 OF THE SE 1/4 IN SECTION 17. TOWNSHIP 33. RANGE 26.
SHERBURNE COUNTY. MN. WITH THE FOLLOWING CONDITIONS:
1. THAT A 4' BY 4' SIGN ATIACHED TO THE FRONT ENTRANCE GATE AS INDICATED
ON THE SITE PLAN BE ALLOWED.
2. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN ONE YEAR AND THAT
ADDITIONAL CONDITIONS MAY BE SET AT THE TIME OF REVIEW IF DEEMED
APPROPRIATE OR NECESSARY.
3. THAT A SEPARATE SEPTIC SYSTEM FOR THE KENNKL BE PROVIDED.
4. THAT THE OUTDOOR AREA FOR THE DOGS BE COMPLETELY ENCLOSED WITH A 6
FOOT CHAIN L INK FENCE.
5. THAT THE FENCED AREA HAVE A MINIMUM SETBACK REQUlREKENT OF 300 FEET
FROM THE NEAREST NEIGHBORING RESIDENCE.
6. THAT NORMALLY THE DOGS ARE KEPT INSIDE THEIR HOUSES FROM DUSK TO DAWN.
AND ALSO THAT '!'HE DOG HOUSES BE INSULATED FOR SOUND PROOFING AND
MBCHANlCALLY VENTILLATED. AND '!'HE DOORS MOST BE GUILLOTINE TYPE DOORS.
7. THAT THE BAlUtING OF THE DOGS BE CONTROLLED TO LESS THAN 5 MINUTES.
.213547
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Page 9
City Council Minutes
October 19. 1987
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8. THAT THE CONDITIONAL USE PERMIT ALLOW A MAXIMUM OF 21 KENNEL RUNS.
9. THAT A CITY KENNEL LICENSE AND PERMIT BE OBTAINED BY THE PETITIONER.
10. THAT THE KENNEL AND MAINTENANCE OF THE ANIMALS COMPLY WITH THE CITY
ORDINANCE INCLUDING SANITATION.
11. THAT THI KINNKL BE SUBJECT TO INSPECTIONS BY CITY STAFF AT REASONABLE
TIMES AND INTERVALS.
12. THAT NO DOGS BE ALLOWED UNTIL THE DWELLING IS COMPLETE AND OCCUPIED.
THAT A FULL TIME ATTENDANT BE ON SITE AT THE TIME THE BOARDING OF
ANIMALS BEGINS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
.Signage Request by Barthel Construction
.
Gunkel indicated that Barthel Construction is requesting signage
a1 for two of the three buildings associated with Elk River Plaza
3rd A ition. The Council first discussed the sign proposed for the
Barthel a1ty World office building.
Duane Kropu ske indicated that the Planning Commission recommended that
the freestandi sign be lowered in height and that there be no changeable
copy. Dave Wol representing Barthel Realty presented the Council with a
new version of he freestanding sign which is 9 feet high and is not a
changeable copy. r. Wolff expalined that the wall mounted sign will be
32 square feet.
Councilmember Tralle indic ted that the location of the sign should not be
in an area so as to bloc the vision of traffic. It was indicated that
the location of the sign woul be approved by City Staff.
.
COUNCItMBMBBR TIW.LE MOVED TO APPROVE THE SIGNAGE REQ ST FROM BARTHEL
1UW.TY FOR THE CAR. WASH TO INCLUDE TWO WALL MOUNTED SI
SQUAD FEET BACH AND A FREE STANDING SIGN OF 5.5 FEET IN HEI AND ABOUT
40 SQUAU nET IN SIZE. COUNCILKEKBER DOBEr. SECONDED THE Me ON. THE
MOTION CARRIED 5-0.
OVE THE SIGNACE REQUEST AS PER THE SIT!
FlCE BUILDING. COUNCILMEMBER HOLMGREN
ED 5-0.
COUNCILMEMBER SCHULDT MOVED TO
PLAN FOR BARTHEL REALTY WORLD
SECONDED THE MOTION. THE MOTION
Tbe Council discussed the sign request
indicated that two of the signs will
square feet each and the third sign is a fre
height and about 40 square feet in size.
r the proposed car wash. It was
wall mounted and are about 48
standing sign of 5.5 feet in
Duane Kropuenske indicated that the
approval of the sign request.
recommended