10-26-2016 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 26, 2016 The City Planner stated that a 6.5 foot tall fence is allowed here because it is adjacent to residential, but a Conditional Use Permit could be issued for a taller special purpose fence. Fischer stated he is concerned with the two- way traffic between the buildings and with the proposed drive-thru window being so close to the Valvoline store, and does not want to allow something that will cause safety problems. He stated that he cannot support this drive- thru from a traffic safety standpoint. Chris Kwapick, 109 Rosewood Drive, stated that he did meet with the property owner to try to resolve some things but he is still very concerned by the sound and light that would come from this drive-thrLi. There were no other comments from the general public. Upon motion by Keis, seconded by McGraw, the public hearing was closed. McGraw stated that he also struggles with a decision. He stated that he would feel better to see letters of agreement from CVS and Valvoline, if there were set hours of operation that cannot get expanded, the fence repair done no later than when the restaurant opens, and no snow storage in the northeast corner. He stated that he is also concerned with the light shining through or over the fence. Montour stated the City Engineer also noted concerns when there are cars waiting at Valvoline and the crossing traffic, but he is willing to work,with the business. He explained that he would want the drive-thru to close by 11:OOpm, the east side fence replaced with a higher and solid fence, probably a 10 foot tall special purpose. He stated that he would support the request with those conditions. Torkelson stated he is still concerned with the traffic in the later evenings, and that property values nearby will go down, and that it is out of character to put traffic next to houses. Keis stated he is willing to set the stated conditions and possibly review the Conditional Use Permit later. The City Administrator clarified the City Council's discretion in the review process for conditional use permits, and noted this property was not originally designed for a drive-thru use. The City Planner stated that the Council is also within its right to review a conditional use permit at any time and that does not need to be a part of the approval conditions. Montour introduced the following resolution and moved its adoption: RESOLUTION 2016-10-176 - APPRO VING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRUAT THE RICE AT C MALL, 2680-2688 RICE STREET, SUBJECT TO ALL OF THE CONDITIONS STATED IN THE PLANNERS REPORT, ALONG WITH THE FOLLOWING CONDITIONS: Co