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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. -------------------------------------------------------------- -------------------------------------------------------------- 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 . ------ Staff recommends approval of the Elk River Bowl Bowling Alley License. -------------------------------------------------------------- -------------------------------------------------------------- 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 --------------------------------------------------------------- --------------------------------------------------------------- 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 / '(,V '/)j 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 '/..":' ..',.1 ~ t~:;. . ~13547 Page 7 City Council Minutes October 19. 1987 ~ 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. .' i; t I I .. ~ . 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 ~ 1 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. \,..:. . .~r' / , .' . ~ .' /4:~ . ;' . . . 213547 Page 8 City Council Minutes October 19. 1987 ---------------- 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 /" Page 9 City Council Minutes October 19. 1987 . --------------------- 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