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07-16-2007 CC MIN j . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 16, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Assistant Director of Economic Development Heidi Steinmetz, Finance DirectorTim Simon, Police Chief Jeff Beahen, General Manager Bryan Adams, IT Coordinator Bob Pearson, and City Clerk Tina Allard Also Present: Planning Commissioner Brad Stevens 1. Call Meeting To Order Pursuant to due call, and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. . 2. Consider 7/16/2007 Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA. MOTION CARRIED 4-0. Councilmember Gumphrey arrived 3. Consider Consent Agenda Councilmember Motin questioned if the Council has. seen the plans and specifications for Item 3.8. regarding the 2007 sealcoat improvements. Street Superintendent Phil Hals stated he would have City Engineer Terry Maurer send a copy to the Council. He stated Ridges of Rice Lake, Rolling Hills, and a few other developments were included in the project. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 3.2. 3.3. CHECK REGISTER. PAY ESTIMATES. SET ADMINISTRATIVE HEARING DATE OF MONDAY, AUGUST 6, 2007 TO CONSIDER A UQUOR VIOLATION BY MP CONVENIENCE. . City Council Minutes July 16, 2007 Page 2 3.4. SCHOOL DISTRICT TO USE CITY HALL FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007, WITH THE CONDITION THAT THE SCHOOL DISTRICT WILL REIMBURSE THE CITY FOR REASONABLE USE FEES. 3.5. TEMPORARY ONSALE PREMISES EXTENSION TO THE FRATERNAL ORDER OF EAGLES FOR JULY 21,2007, WITH THE FOLLOWING CONDITIONS: · WORK WITH THE POUCE DEPARTMENT TO ADDRESS ANY ISSUES/CONCERNS. · THE UCENSE IS NOT VAUD UNTIL APPROVED BY THE COMMISSIONER OF PUBUC SAFETY. · EVENT MUST BE HELD IN AN AREA THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS AND BE COMPACT AND CONTIGUOUS TO THE UCENSED ESTABUSHMENT. 3.6. NOTICE OF QUORUM FOR INFORMATIONAL MEETINGS ON REDEVELOPMENT FRAMEWORK AND SHERBURNE COUNTY FAIR PARADE. 3.7. DEFER THE SPECIAL ASSESSMENT FOR JOSEPH & GERALDYNE SIRENO FOR THE 2007 STREET REHABIUTATION ASSESSMENT. 3.8. RESOLUTION 07-65 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE SEALCOATING IMPROVEMENT OF 2007. 3.9. ADOPT STREET UGHT PAYMENT POUCY. 3.10. AUTHORIZATION TO PURCHASE LAWN TRACTOR IN THE AMOUNT OF $11,371. 3.11. CONTINUE ANNUAL MONITORING OF FORMER CITY DUMP UNTIL FUTURE PLANS FOR THE SITE ARE KNOWN OR NO VOLATILE ORGANIC COMPOUNDS ARE DETECTED AND SEND RESULTS OF THE PRIVATE WELL TESTING TO THE INDIVIDUAL RESIDENTS. . . MOTION CARRIED 5-0. 4. Open Mike Todd Fritz, 11237 196th Avenue-Expressed concerns with speeding and heavy traffic in his neighborhood. He submitted photos. Mr. Fritz requested a 30 mph speed limit sign at the bottom and top of a hill located near his home. He also requested a Children at Play sign. Mayor Klinzing stated the city will look into his concerns. 5.1. Plaque Presentation for 13 Years of Service-] en;y Mackendanz Mr. Hals discussed the retirement of Jerry Mackendanz and further stated that Mr. Mackendanz has a good work ethic and is already missed by the department. Mayor Klinzing read and presented an employee appreciation plaque to Mr. Mackendanz for his 13 years of service to the city. . City Council Minutes July 16, 2007 Page 3 . 5.2. Consider 2008 Benefit Level for Elk River Fire Relief Association Mr. Simon presented his staff report. Councilmember Motin stated the increase for this year seems high (14-15%) and questioned how it compares to other years. Mr. Simon stated this is a higher increase than previous years. He stated last year the investments returned 10.27%. He stated the state fire aid and the voluntary city contribution factors into the normal cost. Councilmember Motin questioned why the high increase and how everyone will be affected going forward and in prior years; especially if the city adds more firefighters or builds more stations. Mr. Pearson stated the per year increase will be about $200,000. He stated $150,000 is covered with the 2% state fire aid. He stated new firefighters don't take on 100% liability and they need to be a firefighter for 5 years before there is a 40% vesting percentage. Councilmember Motin questioned how 14% is warranted and whether the city can keep a surplus in case the market goes down. . Mr. Pearson stated the Association tries to be conservative in their actuarial calculations because they don't know what the market will do and unless the market takes a downtown they will see a surplus. Mr. Simon stated if additional firefighters are hired for an Otsego fire department, Fire Chief West will be completing an actuarial study to see how much the firefighters would have to pay into the fund MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO INCREASE THE ELK RIVER FIRE RELIEF ASSOCIATION BENEFIT LEVEL PER YEAR OF SERVICE TO $5,091 PER YEAR FOR 2008 AND TO AUTHORIZE PAYMENT OF THE BUDGETED 2007 PENSION CONTRIBUTION TO THE ASSOCIATION IN THE AMOUNT OF $29,800. MOTION CARRIED 5-0. 4.a. Open Mike Mayor Klinzing reopened Open Mike for a late-comer to the meeting. A resident, along with some kids, requested funds to finish a park designated in the Oak Hills development. Mayor Klinzing noted the city would be reviewing the Capital Improvement Plan later this year and will take the request into consideration. 6.1. Consider Property Tax Abatement and Business Subsidy for Metal Craft Machine & Engineering Expansion Project. Public Heamw . Ms. Steinmetz presented the staff report. She noted a change in the draft agreement in that Metal Craft would like to reduce the number of jobs to be created from 28 to 20. She stated City Council Minutes July 16, 2007 Page 4 staff completed another review with this change and the applicant still met the qualifications for the abatement. She noted the minimum wage per hour would be $15 per the city's abatement policy. . Mayor Klinzing opened the public hearing. Jack Mowry, applicant-Provided a history of his business in Elk River. Councilmember Gumphrey questioned if the 20 jobs would be in addition to the78 Metal Craft currently has. Mr. Mowry stated yes. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-66 AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT. MOTION CARRIED 5-0. 6.2. Request by City of Elk River for Ordinance Amendment Regarding Recreational Facilities in Business Park Zoning District. Case No. OA 07-06. Public Hearing Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. . Mike Wiest, 11072 190th Avenue-Stated a dance studio should be allowed in the Business Park (BP) district because it will bring citizens to Elk River. Tim Knutson, 20200 Vance Street-Stated a dance studio will build self-confidence in kids. He stated there is a petition with over 500 signatures on it (!be city has not received any petition). Lisa King, 8523 176th Lane, Ramsey-Stated allowing a dance studio in the BP district will bring a positive economic impact to Elk River. Chris Anderson, 15493 216th Avenue-Stated the studio's current location does not work due to the building size and layout. Dan Murphy, 5600 150th Lane, Ramsey-Stated as a developer he has a building permit for land in the Elk River Business Park and he has had two requests for similar types of businesses due to visibility and affordability. Pat Briggs, Briggs Companies and owner of a building (11110 Industrial Park Circle) in the BP district with an underlying land use of Industrial in which the dance studio would like to relocate-Stated he is working with the dance studio to find another site in Elk River but requested the Council consider an Interim Use Permit. Brad Stevens, Planning Commissioner-Stated the Planning Commission tried to maintain a consistency and uniformity to the uses allowed in the BP district. He stated the Commission had concerns with issues such as noise, hours of operation, and access. . City Council Minutes July 16, 2007 Page 5 . Troy Tufdow, Commercial Realtor-Stated other communities allow a dance studio use in the BP district. He stated the studio likes the visibility of the site and the reduced costs. Jennifer Givdahl, 14620 97th Street, Otsego and Rachael Anderson, 15493 216th Avenue- Stated dancers need space to practice and requested to be allowed in the Business Park district. Pamela Sitts, 16045 nod Street, Otsego (dance studio owner)-Stated the studio builds friendships and networking opportunities to kids and helps keep them active. Pat Briggs-Stated noise is not an issue and he would maintain the integrity of the architecture. He stated the access of his building and the cost is a benefit to the studio. Mayor Klinzing closed the public hearing. Councilmember Morin expressed concerns with a dance studio type use in an industrial area. He stated the city has worked hard to build up its industrial tax base. He stated a dance studio does not fit as a permanent use in these areas but he sees the need for the dance studio to relocate from its current location. He stated he may consider and Interim Use Permit (!UP) with a limited timeframe but is concerned that this will prevent industrial type uses from Elk River with the space being utilized by the studio. . Councilmember Gumphrey disagreed and stated something needs to be done to generate business in empty buildings. He suggested that staff work on the definitions further in order to allow facilities such as the studio in the business park or in other locations. Councilmember Farber agreed with both Councilmembers Morin and Gumphrey. He stated he liked the idea of the IUP with a deadline date. Mayor Klinzing stated the purpose of the BP district is to bring good paying jobs to the city but that the studio doesn't bring in jobs; it brings in a service to the community. She stated she understands that the soft real estate market has hurt business owners but this will change. She further stated the N orthstar Rail will help generate more businesses. Councilmember Gumphrey stated he doesn't see business coming to Elk River in 2009 with the rail line. He stated area competitors are dealing with this same issue. Councilmember Morin stated the dance studio could come back to the city for an !UP. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 07-07 AMENDING CERTAIN SECTIONS OF CHAPTER 30 OF THE CITY CODE OF ORDINANCES RELATING TO THE ALLOWABLE ZONING DISTRICTS FOR VARIOUS RECREATION USES. Councilmember Zerwas stated an Interim Use Permit wouldn't be allowed for the studio if this ordinance is passed. . Mr. Beck stated the ordinance should be voted on tonight and if passed direct staff to draft an amendment that would allow this use as an interim use in this district. He stated adding it now wouldn't be consistent with the published notice. City Council Minutes July 16, 2007 Page 6 Councilmember Zerwas suggested continuing this item. . Mr. Barnhart stated in order to process an !UP it has to be listed as a permitted conditional use in the district and the studio is not listed as a conditional use for the BP district. Mr. Beck stated in order for the city to be able to grant an Interim Use Permit the use should be an allowable interim use in the ordinance. He stated the applicant could apply simultaneously for the permit when the amendment is to be processed by the city. MOTION CARRIED 4-1. Councilmember Gumphrey opposed. Council directed staff to look at the ability to have interim uses in the BP district. Mr. Beck clarified to Mr. Briggs the process to follow in order to apply for the IUP. The Council took a 10 minute break at 8:00 p.m. 6.3. Request by Elk. River Municipal Utilities for a Conditional User Permit for a Well House. Case No. CU 07-17. Public Hearing Mr. Barnhart presented the staff report. Bryan Adams, Utilities General Manager-Stated residents in Elk. River are using about $7 million gallons of water per day. He stated 33% of this new well is already going to be utilized by the two new data centers and the power plant. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-17 AS ILLUSTRATED ON DRAWINGS DATED MAY 29,2007, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 27, 2007 SHALL BE ADDRESSED. 2. A NPDES AND SWPPP PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 3. ADDITIONAL SUMAC AND GRASSES BE PLANTED TO INCREASE THE LANDSCAPED BUFFER BETWEEN THE DEVELOPMENT AND THE ADJACENT HOMES, TO BE APPROVED BY COMMUNITY DEVELOPMENT. 4. BUILDING SHALL MATCH OPTION 1, WITH THE FOLLOWING CHANGES: · LOWER THE ROOF UNE TWO FEET. · INCREASE THE ROOF PITCH TO 8/12. · INTRODUCE FOUNDATION PLANTINGS AROUND THE WELL HOUSE STRUCTURE TO BREAK UP THE WALLS FACING THE RESIDENTIAL UNITS, TO BE APPROVED BE COMMUNITY DEVELOPMENT STAFF. . City Council Minutes Page 7 July 16, 2007 ---------------------- . MOTION CARRIED 5-0. - - 6.4. Request by Waste Management for Conditional Use Pennit for Expansion to Existin.g Shop/Office Building, Case No. CD 07-18. Public Heari4g Mr. Barnhart submitted the staff report. Mayor Klinzing opened the public hearing. Jeffrey Vassar, Operations Manager-Stated this would be a temporary re-skin until other things can be worked out for this project. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL 'USE PERMIT, CASE NO. CU 07-18 AS ILLUSTRATED ON DRAWINGS DATED JULY 7, 2006, WITH THE FOLLOWING CONDTIONS: 1. ALL COMMENTS OF THE PLANS EXAMINER MEMO DATED JUNE 5, 2007 SHALL BE ADDRESSED. 2. THE IMPROVEMENTS SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES, INCLUDING COMMENTS FROM FIRE CHIEF DATED JUNE 5, 2007. 3. THE EXISTING STORAGE BUILDING SHALL BE RESIDED WITH A . MATERIAL COLOR CONSISTENT WITH THE GAS PLANT. 4. THE EXISTING STORAGE BUILDING SHALL BE REMOVED BY DECEMBER 31, 2009 OR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW HHW BUILDING BE OBTAINED. 5. THE PROPOSED ADDITION SHOULD BE SIDED WITH A MATERIAL COLOR CONSISTENT WITH THE GAS PLANT. 6. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. THE LETTER OF CREDIT MAY BE USED TO SECURE COMPLETION OF ALL IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PARKING LOT, STRIPING, LANDSCAPING, ESTABLISHMENT OF DISTURBED AREAS, PAYMENT OF CITY INCURRED EXPENSES, AND THE REMOVAL OF THE STORAGE BUILDING BY DECEMBER 31,2009. 7. THIS APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS THE SUBSTANTIAL COMPLETION IS SHOWN OR THE OWNER OR OWNERS AGENT HAS RECEIVED AN EXTENSION. MOTION CARRIED 5-0. 6.5. Request by Steve Bruhn (Aggregate Industries) for Conditional Use Pennit for Expansion to Existing Building, Case No. CD 07-19. Public Hearing Mr. Barnhart presented the staff report dated July 16, 2007. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council :Minutes July 16, 2007 Page 8 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-19 AS ILLUSTRATED ON DRAWINGS DATED MAY 29,2007, WITH THE FOLLOWING CONDITIONS: . 1. ALL COMMENTS OF THE BUILDING OFFICIALS MEMO DATED JUNE 5,2007, SHALL BE ADDRESSED. 2. THE DEVELOPMENT SHALL MEET ALL APPUCABLE FIRE CODES. MOTION CARRIED 5-0. 6.6. Request by City of Elk River for Ordinance Amendment to Land Use Regulations. Section 30-1-Detinitions. Regarding Berms. Case No. OA 07-08. Public Heari4g' Mr. Barnhart presented the staff report dated July 17, 2007. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Morin questioned condition Number 5 and whether the use of materials such as bricks and construction debris may be construed as an allowable fill materiaL Mr. Barnhart stated other sections of the ordinance will cover this issue. He stated bricks and debris would not be permitted. . Mr. Beck stated the ordinance could be changed to include the references to the parts of the code that affect other materials. Councilmember Gumphrey questioned the monitoring process. Mr. Barnhart stated there would be an inspection but there is no guarantee that staff can catch everything in between the inspection and when the berm is completed. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 07-08 AMENDING SECTION 30-1 ''DEFINITIONS'' AND ADDING SECTION 30-543 "BERMS" TO THE CITY CODE OF ORDINANCES. MOTION CARRIED 5-0. 6.7. Request by City of Elk River for Ordinance Amendment to Land Use Re.gu1ations Regarding a Proposed New Section Entitled. "Commercial Reserve." Case No. OA 07-01. Public Heari4g Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Gumphrey questioned if the areas being considered for the Commercial Reserve designation should be specified. . City Council :Minutes July 16, 2007 Page 9 . Mr. Beck stated this ordinance amendment sets up the requirements for the Commercial Reserve designation so when land is zoned in the district; the regulations will already be in place for it. He stated the Council could wait to act on this until affected property owners can be notified. He stated the Comprehensive Plan amendment identified the areas so there has been notice through the Comprehensive Plan process. It was also noted that published notice was in the newspaper for this item. Mr. Barnhart stated if the language in the ordinance is close to what is acceptable to Council, this item could be continued until the rezoning process is started. Councilmember Gumphrey stated staff did a great job. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 07-09 ADDING SECTION 30-1583 "COMMERCIAL RESERVE TRANSITIONAL AND AMENDING SECTION 30-1582 "ACCESSORY STRUCTURE SETBACKS" OF THE CITY CODE OF ORDINANCES. Councilmember Motin questioned what discretion the city has to disallow an interim use permit. He also questioned Number 10 regarding business and professional buildings. . Mr. Beck stated the standards for an interim use permit would be the same as a conditional use permit. He questioned if the city had standards listed in the city code. Mr. Beck recommended changing Number 10 to "Expansion of existing businesses. . ." Councilmember Motin stated staff should work on drafting interim use standards if the city doesn't have them. The Council was amendable to the change recommended by Mr. Beck for Number 10. MOTION CARRIED 5-0. 6.8. Request by City of Elk River for Conditional Use Permit for YMCA. Case No. CU 07-14. Public Heari1.1g(continued from June 18. 2007) Mr. Barnhart presented the staff report dated July 16, 2007. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing dosed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-14, AS ILLUSTRATED ON DRAWINGS DATED APRIL 30, 2007, WITH THE FOLLOWING CONDITIONS: . 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 6, 2007 SHALL BE ADDRESSED. 2. THE DEVELOPMENT SHALL MEET ALL APPUCABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS City Council Minutes July 16, 2007 Page 10 NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 3. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 4. CITY TO RELOCATE, AT ITS COST, THE GAS MAIN RUNNING THROUGH THE SITE. . MOTION CARRIED 5-0. A. Authorize Bid Advertisement for Bid Package #2 YMCA Project MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZE BID ADVERTISEMENT #2 FOR YMCA PROJECT. MOTION CARRIED 5-0. 6.9. Request by Alliance Machine for Ordinance Amendment to Section 30-1294 (:Business Park Regulations). R~ding Accessory Structures. Case No. OA 07-07. Public HeariL1g. Request to Postpone to August 20. 2007 Mayor Klinzing continued the public hearing for this item to August 20,2007. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO AUGUST 20, 2007. MOTION CARRIED 5-0. 6.10. Request by American National Bank for a 5 Foot Si.gn Hcight Variance. Case No. V 07-05. PubDc Hearing . Mr. Barnhart presented the staff report dated July 16, 2007. Mayor Klinzing opened the public hearing. Robin Artisan, Bank Manager-Stated she would like to extend her sign by five feet. She stated all her neighbors have signs that are 25-35 feet tall. She stated her sign would be 16 feet tall. Mayor Klinzing closed the public hearing. There was discussion on the current signs in this area. Brad Stevens, Planning Commissioner-Stated when the Planning Commission originally reviewed the Planned Unit Development for this area the intent was to limit the view and keep the signs at a low profile but he noted the area has changed since. Mr. Barnhart stated the intent of the low profile signs may have been to minimize the impact to nearby residents. Councilmember Farber stated a taller sign should be allowed and would be easier for people to read due to changes in the area and the advantage to neighboring businesses. He stated it is a hardship to the business. Councilmember Gumphrey and Motin concurred. . City Council :Minutes July 16, 2007 Page 11 . Mayor Klinzing questioned if all the variance criteria must be met. Mr. Barnhart stated it would be very challenging to approve any variance based on the strict view of all the criteria. Mr. Beck stated it is difficult to follow state statute to its literal interpretation and the courts have been more liberal with this statute. He stated he sees no legal issues as long as the proposed use is reasonable and does not adversely impact adjacent property owners. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO GRANT VARIANCE CASE NO., V 07-05 BASED ON THE FOLLOWING CRITERIA: 1. THE USE THAT IS PROPOSED IS REASONABLE. 2. THE REQUEST WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. 3. IT WOULD CAUSE UNDUE HARDSHIP AS THE APPLICANT'S SIGN HAS VISIBILITY ISSUES. MOTION CARRIED 5-0. . 6.11. Request by William Divine for Conditional Use Permit for Snap Fitness (Landmark Plaza). Case No. CU 07-16. Public Heamw Mr. Barnhart presented the staff report dated July 16, 2007. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-16 AS ILLUSTRATED ON DRAWINGS DATED MAY 9,2007, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY THE CITY'S BUILDING OFFICIAL. 5. EACH SIGN SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 6.12. Request by Randy Thue for Conditional Use Permit. CD 07-20. Public Heamw . Ms. Cartney presented the staff report. City Council Minutes July 16, 2007 Page 12 Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO., CU 07-20 TO ALLOW FIVE CARS ON SITE AS PART OF AN AUTO BROKERAGE BUSINESS WITH THE FOLLOWING CONDITIONS: 1. ALL CONDITIONS OF THE CONDITIONAL USE PERMIT ISSUED FOR CASE # CU 07-06 SHALL BE IN EFFECT, WITH EXCEPTION TO CONDITION #5. 2. NO MORE THEN FIVE CARS RELATED TO THE BUSINESS CAN BE STORED ON SITE AND SHALL BE KEPT INSIDE THE SHOP OVERNIGHT. 3. HOURS OF OPERATION ARE LIMITED FROM 7:00 A.M. TO 9:00 P.M. MONDAY THROUGH SATURDAY. MOTION CARRIED 5-0. 6.13. Request by Ci1q7 of Elk. River for Ordinance Amendment to Land Use Re.gulations. Sections 30-851. Regarding Manual and Electronic Reader Board Signs and Animated Signs. Case No. OA 07-09. Public Hearing Ms. Cartney presented the staff report. Mayor Klinzing opened the public hearing. . Brad Stevens, Planning Commissioner-Stated staff did a good job in putting this ordinance together. Mayor Klinzing closed the public hearing. Councilmember Morin expressed concerns with allowing every sign over 30 square feet to be considered in the conditional use permit process and questioned what type of restrictions Council could enforce. He stated the ordinance seems to open up to anything, such as flashing lights, when this wasn't allowed before. Mr. Beck stated staff is clarifying the definitions and not changing any regulations. He stated the Council could delay this in order to allow staff to determine the type of restrictions allowed. Mr. Barnhart stated where the signs were once permitted; they will now have to go through the conditional use process and would thereby give Council more discretion on the type of sign that can be installed. Ms. Cartney stated the signs are regulated by the zoning district and this ordinance change triggers a limitation which gives the Council something to review. Councilmember Zerwas stated he thought the city was supposed to address the issue of time frames for changeable copy. . City Council Minutes July 16,2007 Page 13 . Mr. Barnhart stated the timeframe would be unique for each case because it would depend on where in the city the sign was located and this would be evaluated during the conditional use process by Council. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 07-10 AMENDING SECTION 30-1 ''DEFINITIONS" AND SECTION 30-864 "CHANGEABLE COPY" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 07-09. Councilmember Motin questioned which parts of the sign would be considered as part of the 30 square feet. Ms. Cartney stated only the changeable portion of the sign would be considered. MOTION CARRIED 5-0. 7.1. Consider Tobacco License-The Piecemaker Ms. Allard presented the staff report. ChiefBeahen stated Mr. Peplinski was convicted of a misdemeanor for disorderly conduct on February 13, 1999, in Saint Louis County. He noted the convictions in the staff report were juvenile convictions and couldn't be considered by Council. . Pat Briggs, owner of the building where applicant is considering operating his tobacco establishment-Stated it can be difficult for a person to remember convictions that may have happened in their past. He stated Mr. Peplinski made no direct intentions to hide or falsify information on his application. He stated he completes his own background/credit checks on people going into his buildings. Councilmember Motin stated a person should remember if they were convicted of a crime. Mr. Briggs stated he wouldn't know if he had any convictions in his past. Chief Beahen stated the other business owned by the applicant is known as a head shop. He further expressed concern with Mr. Peplinski's background. He stated this business will be located adjacent to a grade school and within two blocks of a high schooL He stated he is unsure of the applicant's intention for this shop. Damon Peplinski, 14535 13th Avenue North, Plymouth-Stated the disorderly charge against him was a misunderstanding. He stated the owner was going to drop the charges but he couldn't because the cops were already at the establishment. He stated he reviewed his background check as completed by Mr. Briggs and seen that he didn't have any misdemeanor convictions so he didn't include it on his application. Mayor Klinzing questioned the chief why the applicant would not get the conviction listed in the background check completed by Mr. Briggs. . Chief Beahen stated police departments have access to more information than regular citizens, thus he has much more detailed information. He stated there is a lot of information on Mr. Peplinski that he can't disclose and this leads to other concerns. City Council J\.finutes July 16, 2007 Page 14 The applicant stated he didn't realize his conviction was a misdemeanor. . Councilmember Farber questioned the applicant about his other shop and the products he sells. Mr. Peplinski stated it is a tobacco shop with a hookah bar. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO DENY A TOBACCO LICENSE TO DAMON AND BEN, INC. BASED ON THE FOLLOWING FINDINGS: 1. APPLICANT DOES NOT MEET THE CITY STANDARD FOR GOOD MORAL CHARACTER AS SET FORTH IN SECTION 38-1 OF THE CITY CODE DUE TO PROVIDING FALSE INFORMATION ON HIS APPLICATION AND BEING UNABLE TO SERVE THE PUBLIC IN A FAIR, HONEST, AND OPEN MANNER. 2. APPLICANT PROVIDED FALSE INFORMATION ON HIS APPLICATION AS SET FORTH IN SECTION 26-63 (4) OF THE CITY CODE. MOTION CARRIED 5-0. Councilmember Motin stated that the application may come back again for Council to consider and he is concerned about the city's ordinance and whether certain products can be prohibited. Mr. Beck stated he needs to check to see what type of restrictions would be allowed in the ordinance. He stated one issue the city should address is the proximity of tobacco shops to schools. . Councilmember Motin noted that there is another smoke shop in town that is near a school. Mr. Beck stated the Council could change the ordinance and the current shop could be grandfathered. Mayor Klinzing stated with the new Freedom to Breath Act allowing cities to enforce more stringent measures for second hand smoke the city may want consider eliminating smoking in tobacco shops. Councilmember Farber would like to see if there is anything the city can do to eliminate paraphernalia Councilmember Zerwas mentioned that state legislators were considering legislation on paraphernalia and he recommended a letter be sent to representatives. Councilmember Farber concurred. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO IMPOSE A SIX MONTH MORATORIUM ON RETAIL SALES OF SMOKING SUPPLIES WHERE IT IS THE PRIMARY PURPOSE OF THE BUSINESS AND DIRECT STAFF TO INVESTIGATE AND CHANGE THE CITY'S ORDINANCE AS DISCUSSED ABOVE. MOTION CARRIED 5-0. . . . . City Council Minutes July 16, 2007 Page 15 8. Other Business There was no Other Business. 9. Council Updates Councilmember Zerwas questioned if any other Councilmembers had been contacted by members of the Downtown Redevelopment Taskforce because they were supposed to be meeting on an individual basis. Councilmember Farber stated he was contacted but hasn't met with anyone yet. Councilmember Motin stated Council would be contacted soon. 10. Staff Updates There were no Staff Updates. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River GlyCOn p= ---/ /(....../' //L/ ( Tina Allard City Clerk