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02-18-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 18, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Dave Sellergren, City Attorney; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk; Steve Ach, City Planner; Pat Klaers, City Administrator; Tom Zerwas, Police Chief; Scott Harlicker, Planning Assistant; Sue Kostanshek, Sr. Citizen Coordinator; Jeff Asfahl, Community Recreation Director Also Present: Jori Anderson, Planning Commission Representative 1. Call Meetin,q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider 2/18/96 A.qenda Item 7.1 6., Derrick Investment Update, was added to the agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE 2/18/97 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5, 3.60. CHECK REGISTER - APPROVED PRELIMINARY PLAT, GOOD VALUE HOMES, P 96-13 - POSTPONED TO MARCH 19, 1997 GENERAL PLANNING PERMIT FOR PLANT PLACE, INC. TO ALLOW A TEMPORARY GREENHOUSE/GARDEN CENTER AT SAX FOOD PARKING LOT WITH THE CONDITIONS AS OUTLINED IN THE STAFF MEMO: -- APPROVED TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND TO SELL CUT FLOWERS ON PROPERTY OWNED BY HUNTS FEED AND GARDEN CENTER - APPROVED. PURCHASE OF A SNOWMOBILE FOR GROOMING CROSS COUNTRY SKI TRAILS AT WOODLAND TRAILS PARK FOR APPROXIMATELY $6,000 WITH THE NECESSARY CITY FUNDS COMING OUT OF THE PARKS EQUIPMENT RESERVE FUND - APPROVED. PAY ESTIMATE #11 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF ,$86,455 FOR WORK ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED. Elk River City Council Meeting February 18, 1997 Page 2 3.6b. 3.7. PAY ESTIMATE #9 TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA EXPANSION PROJECT IN THE AMOUNT OF $132,259 -APPROVED. EXTENSION OF HOURS FOR THE NRG/R::)F PLANT AS OUTLINED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED FEBRUARY 18, 1997- APPROVED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Elk River Senior Center Annual Report - Suzanne Kostanshek Suzanne Kostanshek presented the Elk River Senior Center 1996 Annual Report. Present were Bill Huntley, Charlotte Strei, and Millicent Busch. 4.2. Community Recreation Report - Jeff Asfahl Community Recreation Director Jeff Asfahl presented the 1996 Community Recreation Annual Report. 5.1. Consider Police Department Request to Purchase Defibrillators Police Chief Tom Zerwas requested authorization to purchase three defibrillators for approximately $9,500. Mayor Duitsman indicated that the city has received an anonymous donation of $5,000 for the defibrillators. The Police Chief indicated that the balance of the purchase price may be contributed from organizations within the community. He further stated that funds can be used from the sale of used police vehicles. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF THREE LIFE PAK 500 DEFIBRILLATORS FOR $9,500. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Discuss Handicap Parkinq In the Downtown Area City Administrator Pat Klaers indicated that the Street/Park Superintendent has received a number of requests for additional handicap parking stalls on the south side of Main Street in the downtown area. He stated that Phil Hals suggested eliminating four parking stalls to accommodate two handicap accessible stalls. He suggested removing the existing stalls and adding the new stalls in front of the EDA site to allow easy access to the stores on the south side of Main Street. Councilmember Thompson indicated his concern regarding the need for a handicap stall near Kemper Drug. He stated that Keith Holme, owner of Kemper Drug, indicated his support for the installation of a handicap stall in front of his business. Councilmember Thompson suggested splitting up the proposed three handicap stalls at the EDA site and putting one stall by the chiropractic office. Councilmember Holmgren suggested removing the handicap spot in front of the Bank of Elk River because the bank provides handicap parking in their parking lot. COUNCILMEMBER HOLMGREN MOVED TO SUBMIT THE PROPOSED HANDICAP PARKING PLAN TO THE DOWNTOWN RIVER'S EDGE DEVELOPMENT CORPORATION FOR THEIR REVIEW AND RECOMMENDATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting February 18, 1997 Page 3 5.3. Consider Rivers of Hope Request for Financial Assistance Representatives from the Rivers of Hope made a request to the City Council for financial assistance. Tom Sawyer, Director and Board Member, stated that the organization has started a fund drive to raise $100,000 to offset some of the shortfall which the organization is experiencing. Mayor Duitsman indicated that he feels the Rivers of Hope is a very worthwhile program, however, the city has not budgeted for donating to these types of programs. He further indicated he felt that funding for this program should come from social organizations within the community. COUNCILMEMBER HOLMGREN MOVED TO CONTRIBUTE $5,000 TO THE RIVERS OF HOPE ORGANIZATION. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Thompson stated that the city should consider developing a policy for these types of contributions. THE MOTION CARRIED 4-1. Mayor Duitsman opposed. 5.4. Community Recreation Board Update Jeff Asfahl informed the Council that the Community Recreation program will be celebrating its fifth anniversary. He indicated that a small celebration is planned on March 10, at LaRose's, at 11:45 a.m. 5.5. Utilities Commission Update Councilmember Dietz updated the City Council on the recent Utilities Commission meeting and items that were discussed at that meeting. 5.6. Call Special Meetin.q for April 15, 1997, Volunteer Appreciation Pro.qram COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON APRIL 15, 1997, AT 6 P.M. AT ELK RIVER BOWL, FOR THE PURPOSE OF HOLDING A VOLUNTEER APPRECIATION PROGRAM FOR BOARD AND COMMISSION MEMBERS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Park and Recreation Commissioner Attendance at a National Conference The City Administrator indicated that Park and Recreation Commissioner John Kuester is requesting partial payment from the city for attendance at a national planning conference. He indicated that Mr. Kuester would pay his own airfare. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE PAYMENT OF $375 TO COVER THE CONFERENCE REGISTRATION FEE FOR JOHN KUESTER TO ATTEND THE NATIONAL PLANNING CONFERENCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council decided not to pay the $87 for the cost of three park related workshops as they did not feel they related to the City of Elk River. 5.8. Consider Orderin,q Feasibility Study for Eastern Urban Service District Elk River City Council Meeting February 18, 1997 Page 4 COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-13, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE EAST ELK RIVER IMPROVEMENT OF 1977 WITH THE STIPULATION THAT THE COST DOES NOT EXCEED $15,000. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Meetinq Dates to Review Fire Department Compensation Proposal COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MARCH 10, 1997, AT 5 P.M., TO REVIEW THE FIRE DEPARTMENT COMPENSATION PROPOSAL AND TO CANCEL THE MARCH 3, SPECIAL CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON APRIL 3, AT 7 P.M., TO BE HELD AT THE FIRE STATION TO MEET JOINTLY WITH THE ELK RIVER FIRE DEPARTMENT TO DISCUSS FIRE DEPARTMENT COMPENSATION PROPOSAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Environmental Updates The City Administrator requested the Council to defer discussion on this item until the next City Council meeting so that the Building and Zoning Administrator could be present. 6. Open Mike Tom Wingaard, Three Rivers Soccer Association (TRSA), informed the Council that the School District has made plans to put the Alternative Learning Center (ALC) on property where the Oak Knoll soccer fields are located. He indicated that he is opposed to losing a soccer field and feels that the school should come up with an alternative site. He requested the City Council to work together with the School District to find an alternative site for the ALC in order to save the soccer fields. It was the consensus of the City Council that there was no support among the Councilmembers for the School District's decision to place the ALC on property where the Oak Knoll soccer fields are located. 7.1. Consider City of Elk River Request for Conditional Use Permit, Northbound Liquor, Public Hearinq CU 96-28 City Planner Steve Ach indicated that the City of Elk River is requesting a conditional use permit for site plan review to construct an off-sale liquor store. He further indicated that the city is also requesting an amendment to the Hillside I and II PUD agreement allowing wall signage for freestanding lots to be consistent with the Elk Park Center PUD. He indicated that the liquor store is proposed to be located at the northeast corner of 193rd Avenue and Highway 169. Steve Ach reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the conditional use permit. Elk River City Council Meeting February 18, 1997 Page 5 Gary Tushie OF Tushie Montgomery Associates, Inc. and Mark Parsons of Greystone Construction were present. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF ELK RIVER FOR SITE PLAN REVIEW TO CONSTRUCT A 12,818 SQUARE FOOT LIQUOR STORE FACILITY WITH THE FOLLOWING CONDITIONS: APPROVAL FROM MN/DOT BE RECEIVED FOR THE PROPOSED GRADING IN THE HIGHWAY 169 RIGHT OF WAY. THE EXISTING FIRE HYDRANT SOUTH OF THE FIRST ENTRANCE INTO THE SITE BE RELOCATED AT A LOCATION ACCEPTABLE TO THE FIRE CHIEF. THE TRAFFIC CONTROL/LANDSCAPED ISLAND AT THE SOUTHEAST CORNER OF THE BUILDING BE REMOVED. THE LANDSCAPING SHOWN NEAR THE ENTRANCE TO THE LIQUOR STORE FACILITY BE REMOVED AND REPLACED WITH CONCRETE. ALL SIDEWALKS ADJACENT TO PARKING AREAS WILL NEED TO BE A MINIMUM OF 6 FT. IN WIDTH. THE POLICE DEPARTMENT HAS ASKED THAT AN ADDITIONAL WINDOW ON BOTH SIDES OF THE ENTRANCE BE PROVIDED TO IMPROVE THE EMPLOYEES' SURVEILLANCE OF THE PARKING LOT. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 1/17/97 BE INCORPORATED INTO THE PLANS FOR APPROVAL. INSTALL "NO PARKING" SIGNS ALONG EVANS IF ON-STREET PARKING BECOMES AN ISSUE. EXTEND SIDEWALK FROM 193RD AVENUE ALONG THE WEST SIDE OF EVANS TO THE LIQUOR STORE SITE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO AMEND THE HILLSIDE CROSSING I AND II PLANNED UNIT DEVELOPMENT AGREEMENT TO ALLOW WALL SIGNAGE FOR FREESTANDING LOTS TO BE CONSISTENT WITH ELK PARK CENTER PUD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Authorization for Bids/Northbound Construction manager for the project, Mike Parsons of Greystone Construction, indicated that he is prepared to advertise for bids for the Northbound Liquor Store project. Councilmember Holmgren indicated his concern regarding the large amount of landscaping proposed for the project. He stated he did not feel the project needed as much landscaping as provided in the bid specs. Gary Tushie, Elk River City Council Meeting Februarv 18, 1997 Page 6 architect for the project, indicated that this could be changed if it were the Council's desire. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE NORTHBOUND LIQUOR STORE PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED .5-0. 7.3. Consider Closure Statement for Ell( Park Terrace Mobile Home Court, Public 7.4. Headn.q Case No. GP 96-2 Consider City of Elk River Request for Ordinance Closure of a Manufactured Home Park, Public Hearinq Case No. aA 97-4 The City Clerk entered the following letters into the record: Letter from Heather Bergmann dated February 12, 1997, to the Mayor & City Council Letter to Earl and Lorraine Hohlen from Heather Bergmann dated February 10, 1997. City Attorney Dave Sellergren reviewed the draft ordinances affecting mobile home park closures. Both draft ordinances (alternates A & B) address payment of relocation costs and payment of additional compensation. Additional compensation in Alternate A is determined by market value by the city assessor. Additional compensation in Alternate B is determined by market value by an independent appraiser. Alternate C can be added to either ordinance and impose a limit on the overall total costs of relocation and additional compensation. John MacGibbon, attorney for Earl and Lorraine Hohlen informed the Council that the park owner would prefer to use Alternate A which determines the market value by the city assessor. He indicated that the use of Alternate B could result in litigation. Mr. MacOibbon stated that he did not agree with Alternate C because of adding contiguous land to the equation. Mr. MacGibbon requested that the mobile home units be maintained in the same condition when they are assessed as when they are closed. Heather Bergmann, 203 Baldwin Avenue, requested that appraisals be made prior to the March 17th date. Heather Bergmann further questioned whether the city was considering the inclusion of additional relocation costs similar to the cities of Fridley and Bloomington to cover items such as reconnecting utilities. City Attorney Dave Sellergren indicated that these additional relocation costs are covered in the proposed ordinance. Beth Frazier of APAC indicated that although the cities of Fridley and Bloomington did not address the relocation costs within the ordinance, the residents were still paid between $900 and $1,950 in additional relocation costs. The City Council directed the city attorney to research these relocation costs. MAYOR DUITSMAN MOVED TO SUPPORT ALTERNATE B OF THE MANUFACTURED HOME PARK CLOSING ORDINANCE WITH THE UNDERSTANDING THAT THE CITY Elk River City Council Meeting February 18, 1997 Page 6 architect for the project, indicated that this could be changed if it were the Council's desire. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE NORTHBOUND LIQUOR STORE PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider Closure Statement for Elk Park Terrace Mobile Home Court, Public 7,4. Hearin.q Case No. GP 96-2 Consider City of Elk River Request for Ordinance Closure of a Manufactured Home Park, Public Hearin.q Case No. OA 97-4 The City Clerk entered the following letters into the record: Letter from Heather Bergmann dated February 12, 1997, to the Mayor & City Council Letter to Earl and Lorraine Hohlen from Heather Bergmann dated February 10, 1997. City Attorney Dave Sellergren reviewed the draft ordinances affecting mobile home park closures. Both draft ordinances (alternates A & B) address payment of relocation costs and payment of additional compensation. Additional compensation in Alternate A is determined by market value by the city assessor. Additional compensation in Alternate B is determined by market value by an independent appraiser. Alternate C can be added to either ordinance and impose a limit on the overall total costs of relocation and additional compensation. John MacGibbon, attorney for Earl and Lorraine Hohlen informed the Council that the park owner would prefer to use Alternate A which determines the market value by the city assessor. He indicated that the use of Alternate B could result in litigation. Mr. MacGibbon stated that he did not agree with Alternate C because of adding contiguous land to the equation. Mr. MacGibbon requested that the mobile home units be maintained in the same condition when they are assessed as when they are closed. Heather Bergmann, 203 Baldwin Avenue, requested that appraisals be made prior to the March 17th date. Heather Bergmann further questioned whether the city was considering the inclusion of additional relocation costs similar to the cities of Hopkins and Bloomington to cover items such as reconnecting utilities. City Attorney Dave Sellergren indicated that these additional relocation costs are covered in the proposed ordinance. Beth Frazier of APAC indicaled that although the cities of Hopkins and Bloomington did not address the relocation costs within the ordinance, the residents were still paid between $900 and $1,950 in additional relocation costs. The City Council directed the city attorney to research these relocation costs. MAYOR DUITSMAN MOVED TO SUPPORT ALTERNATE B OF THE MANUFACTURED HOME PARK CLOSING ORDINANCE WITH THE UNDERSTANDING THAT THE CITY Elk River City Council Meeting February 18, 1997 Page 7 AI'I'ORNEY RESEARCH THE RELOCATION COSTS AND TO CALL FOR A PUBLIC HEARING ON THE PROPOSED ORDINANCE FOR MARCH 17. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Dietz indicated that he preferred Alternate A. COUNCILMEMBER HOLMGREN MOVED TO CLOSE THE PUBLIC HEARING IN RELATION TO THE MOBILE HOME CLOSURE STATEMENT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Request by Deana Larson for a Conditional Use Permit to Operate a Therapeutio Massaqe Business, Waterfall Day Spa, Public Hearing Case No. CU 96-29 Planning Assistant Scott Harlicker indicated that Deana Larson is requesting a conditional use permit to operate a therapeutic massage business at 705 Main Street. Scott Harlicker indicated that this is a temporary location as the building she was in experienced a fire. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR DEANA LARSON TO OPERATE A BUSINESS WHICH INCLUDES THERPEUTIC MASSAGE AT 705 MAIN STREET. COUNCILMEMBER THOMSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council that when Deana Larson moves her business to the new location, there be no charge for the conditional use permit. 7.6. W.J.C. Development Corporation Request for Preliminary Plat Approval Oak Run, Public Hearinq P 96-15 Planning Assistant Scott Harlicker indicated that the W.J.C. Development Corporation is requesting a preliminary plat to subdivide approximately 9 acres into three lots. He explained that the project is located at the southeast corner of 211th Avenue and Ogden Street. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Howard Hommes, resident adjacent to the subject property of Ogden Street indicated his concern regarding the proposed road. Mr. Holmes stated he is concerned that he may be assessed for the new road and indicated that he has spent approximately $8,000 on his private road during the last ten years. Mr. Hommes also indicated his concern regarding the removal of fully grown trees in order to construct the new road. He further indicated that he felt construction of the new road would cause drainage problems. City Engineer Terry Maurer responded to Mr. Hommes concerns regarding the trees and the drainage. He indicated that some trees would be removed, however the developer would try to save as many trees as possible. Terry Maurer also indicated that a culvert is being provided and stated that the culvert would improve the drainage situation from what it is at present. Elk River City Council Meeting February 18, 1997 Page 8 Theresa Hommes, stated she does not want to see the new road go in. She also indicated her concern regarding preservation of trees and preservation of two endangered species that currently live on the land. Bill Christian, developer, stated that he would try to preserve as many trees as possible. Mr. Christian further requested that the Council consider granting him permission to put in a gravel road rather than a bituminous road. Jon Anderson, Planning Commission Representative, indicated that the Planning Commission reviewed the preliminary plat request and recommended approval. Joyce Mickelson indicated that in order for the Council to be consistent and fair to all developers, the Council should require the developer to put in a bituminous road. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST FOR W.J.C. DEVELOPMENT CORPORATION TO SUBDIVIDE 9.64 ACRES INTO THREE SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. ALL THE COMMENTS OF THE CITY ENGINEER'S MEMOS DATED JANUARY 17, AND FEBRUARY 17, 1997, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. A LE'n'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. A SEAL COAT FEE IN THE AMOUNT OT BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAT BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. Elk River City Council Meeting February 18, 1997 Page 9 7.7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 10. A GRADING AND DEVELOPMENT PLAN BE PROVIDED SHOWING LOWEST FLOOR ELEVATION FOR HOMES ON LOTS 2 AND 3. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit Request to Operate a Motor Vehicle Service Station and Car Wash, Public Hearinq Case No. CU 96-25 City Planner Steve Ach indicated that Holiday Companies, Inc., is requesting a conditional use permit to operate a motor vehicle service station, convenience store and drive through car wash to be located at the northeast corner of Freeport Avenue and School Street. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Discussion was held by the Council regarding the necessity to reduce the canopy lighting at night to minimize the effect on neighboring residents. Planning Commission representative Jan Anderson indicated that the Planning Commission added the requirement regarding the reduction of the canopy lighting due to the sensitivity of apartment owners. He further indicated that the Holiday representatives were supportive of this suggestion. Mayor Duitsman indicated he felt that the signage should be reduced to be consistent with the SuperAmerica signage. After further discussion regarding signage it was noted that the signage for the Holiday station falls within the guidelines of the city ordinance. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY HOLIDAY STATION STORES TO CONSTRUCT A 5,205 SQUARE FOOT GAS STATION/CONVENIENCE STORE AND DRIVE THROUGH CAR WASH WITH THE CONDITIONS AS FOLLOWS: COMMENTS IN TERRY MAURER'S LE'FI'ER DATED JANUARY 17, 1997 BE INCLUDED INTO THE REVISED PLANS. HOLIDAY'S PLANS BE REVISED TO CLEARLY REFLECT THE IMPROVEMENTS THAT WILL BE MADE ON LOT 2 IN CONJUNCTION WITH THE HOLIDAY STATION STORE PROJECT. ADDITIONAL INFORMATION BE PROVIDED IDENTIFYING THE LOCATION OF ALL OUTDOOR DISPLAY AREAS. FREE-STANDING SIGNAGE BE LIMITED TO ONE MONUMENT-STYLE SIGN WITH A MAXIMUM HEIGHT OF 20 FT. AND A TOTAL AREA OF 108 SQ. FT. AND THE Elk River City Council Meeting February 18, 1997 Page 10 SIGN SHOULD INCLUDE AESTHETIC ELEMENTS TO REINFORCE THE MONUMENT STYLE. THAT PORTION OF THE WEST ELEVATION OF THE BACK-LIT CANOPY EXCEPT FOR THE SIGN SHALL BE TURNED OFF BETWEEN THE HOURS OF 10 P.M. AND 5 A.M. TO ELIMINATE THE LIGHT FROM SHINING IN A WESTERLY DIRECTION DURING THE EVENING HOURS. HOLIDAY COMPANIES WILL BE REQUIRED TO SIGN AN AGREEMENT ACKNOWLEDGING THAT ANY WORK DONE IN THE 30 FT. DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY WHICH REQUIRES THE REMOVAL OF ANY IMPROVEMENTS BE REPLACED AT THE EXPENSE OF HOLIDAY COMPANIES. o CONSIDERATION BE GIVEN TO PROVIDING SOME PEDESTRIAN ACCESS (I.E., A SIDEWALK) FROM THE EXISTING 7 FT. SIDEWALK ALONG SCHOOL STREET TO THE HOLIDAY STATION STORE FACILITY. o A SEGMENT OF SIDEWALK BE INSTALLED EXTENDING NORTH OF THE CAR WASH PROVIDING A CONTINUOUS SIDEWALK SYSTEM BETWEEN COMMERCIAL USES. THE PROPOSED CONIFERS LOCATED IN PROXIMITY TO THE FIRST ENTRANCE INTO THE HOLIDAY STATION STORE BE RELOCATED TO IMPROVE THE SITE VISIBILITY OF THIS INTERSECTION. 10. THE 6 CONIFERS PROPOSED TO BE LOCATED WITHIN THE 30 FT. DRAINAGE AND UTILITY EASEMENT BE REMOVED FROM THIS EASEMENT. 11. SOME ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE SCHOOL STREET SIDE OF THE PROPERTY. 12. ADDITIONAL INFORMATION REGARDING THE TRASH ENCLOSURE AREA BE PROVIDED. 13. OUTDOOR DISPLAY ON SIDEWALK AREAS SHALL ALLOW A MINIMUM OF 6 FEET TO BE KEPT CLEAR FOR PEDESTRIAN TRAFFIC. 14. WALL SIGNAGE ON THE BUILDING SHALL BE LIMITED TO 3 AS SET FORTH IN CITY ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8o Consider Request by Dave and Joyce Mickelson for Amendment to Final Plat, Public Hearinq Case No. P 96-6 Planning Assistant Scott Harlicker indicated that Dave and Joyce Mickelson are requesting an amendment to the final plat for North Meadows Corner located at the southwest corner of the intersection of 217th Avenue and County Road 32. He indicated that the amendment requested is to increase the number of lots from three to four by splitting Lot 3 into two lots. Elk River City Council Meeting Februarv 18, 1997 Page 11 Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-14, A RESOLUTION AMENDING FINAL PLAT APPROVAL FOR NORTH MEADOWS CORNER, CASE NO. P 96- 6. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7.9. 7.10. Consider American Portable Telecom Request for Rezonin.q to AT/Antenna Overlay District, Public Hearin.q Case No. ZC 96-20 Consider American Portable Telecom Request for Conditional Use Permit, Public Hearinq Case No. CU 96-26 Planning Assistant Scott Harlicker indicated that American Portable Telecom is requesting a zone change to rezone certain property to Antenna Overlay District and a conditional use permit for a wireless communication antenna tower and equipment buildings. Scott Hariicker reviewed the staff report on these two issues. Greg Korstad, attorney for American Portable Telecom, introduced Mike O'Rourke and Linda Whitman, representatives of APT. Mayor Duitsman opened the public hearing. Mayor Duitsman questioned the logic of requesting a moratorium for these types of requests while approving the request by APT. He indicated he felt the city should have a plan in place for the placement of these towers prior to authorizing approval. Mike O'Rourke and Linda Whitman spoke on behalf of APT. There being no comments from the public, Mayor Duitsman closed the public hearing. Jon Anderson, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request with the stipulation that the Council consider placing a moratorium on future requests until a study can be made by the Planning Commission and City Council. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-2, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO ANTENNA OVERLAY DISTRICT/AT, CASE NO. ZC 96-20 BASED ON THE FOLLOWING CRITERIA: THE REZONING WOULD NOT ADVERSELY AFFECT THE PROPERTY UNDER CONSIDERATION. THE REZONING IS COMPATIBLE WITH SURROUNDING LAND USES. THE APPLICANT HAS SHOWN THAT THE PROPOSED REZONING TO AT IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE CELLULAR PHONE COVERAGE IN THIS AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Duitsman opposed. Elk River City Council Meeting February 18, 1997 Page 12 COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY APT TO CONSTRUCT AN ANTENNA TOWER WITH THE FOLLOWING CONDITIONS: THE TOWER BE A MONO POLE DESIGN AND SHALL UTILIZE BUILDING, MATERIALS, COLORS, TEXTURE, SCREENING AND LANDSCAPING SO THAT IT BLENDS IN WITH THE BACKGROUND AND SURROUNDING NATURAL SE'FFINGS ° AN AGREEMENT PROVIDING FOR CO-LOCATION AND PROMPT REMOVAL OF UNUSED AND/OR OBSOLETE TOWER BE ATTACHED AND BECOME PART OF THE PERMIT. THE TOWER AND EQUIPMENT BUILDING SHALL BE REMOVED WITHIN 6 MONTHS OF CESSATION OF OPERATION UNLESS A TIME EXTENSION IS GRANTED BY THE CITY COUNCIL. IN THE CASE OF MULTIPLE USERS OF THIS TOWER, THIS CONDITION SHALL NOT BECOME EFFECTIVE UNTIL ALL USERS OF THE TOWER CEASE OPERATIONS FOR 6 MONTHS. ° THE TOWER SHALL NOT CONTAIN ANY SIGNAGE OR IDENTIFICATION, INCLUDING LOGOS, EXCEPT AS MAY BE REQUIRED BY STATE AND FEDERAL REGULATIONS. BUILDING PERMITS SHALL BE APPLIED FOR AND ISSUED BEFORE ANY CONSTRUCTION IS STARTED. ° THE APPLICANT MUST OBTAIN FAA APPROVAL AND/OR PROVIDE DOCUMENTATION THAT FAA APPROVAL IS NOT NEEDED. ° APPLICANT MUST OBTAIN FCC LICENSE AND APPROVAL AS REQUIRED FOR VARIOUS COMMUNICATIONS APPLICATIONS. NO INTERFERENCE WITH LOCAL TELEVISION, RADIO OR OTHER ELECTRONIC COMMUNICATIONS WILL BE ALLOWED. THE TOWER AND ANTENNAS SHALL BE CERTIFIED BY A QUALIFIED AND LICENSED PROFESSIONAL ENGINEER TO CONFORM TO THE LATEST STRUCTURAL STANDARDS OF THE UNIFORM BUILDING CODE AND ALL OTHER APPLICABLE REVIEWING AGENCIES. THE TOWER AND ANTENNAS SHALL BE DESIGNED TO CONFORM WITH ACCEPTED ELECTRICAL ENGINEERING METHODS AND PRACTICES AND TO COMPLY WITH THE PROVISIONS OF THE NATIONAL ELECTRICAL CODE. 10. THE TOWER SHALL BE CONSTRUCTED OF, OR TREATED WITH, CORROSIVE RESISTANT MATERIAL. 11. THE TOWER SHALL BE DESIGNED AND CONSTRUCTED TO ACCOMMODATE THE APPLICANT'S ANTENNA AND AT LEAST 2 ADDITIONAL USERS 12. THE TOWER SHALL BE ENCLOSED BY A 8 FOOT HIGH CHAINLINK FENCE WITH A LOCKED GATE AND THE BOTTOM OF THE TOWER (MEASURED FROM THE GROUND TO 12 FEET ABOVE GROUND) SHALL BE DESIGNED IN SUCH A WAY TO PRECLUDE UNAUTHORIZED CLIMBING. Elk River City Council Meeting February 18, 1997 Page 13 13. THE TOWER SHALL NOT BE ILLUMINATED EXCEPT FOR ILLUMINATION SPECIFICALLY REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION OR OTHER AUTHORITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Duitsman opposed. 7.11. Consider Resolution Establishinq a Six Month Moratorium for the Construction of New Communication Towers COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-15, A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM FOR THE CONSTRUCTION OF NEW TOWERS AND DIRECTING THAT NO PERMITS OR APPROVALS BE GRANTED PENDING THE PUBLIC HEARING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.12. Consider Initiatin,q Ordinance Amendment to Allow Commercial Kennels in Industrial Zones City Planner Steve Ach indicated that the city has received a request from an individual who wants to operate a commercial kennel located in an industrial zone. He indicated that currently commercial kennels are only allowed in the A-1 district and R 1 a zones. He questioned whether the Council would be interested in having the Planning Commission review this issue. COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO PRESENT THE ISSUE OF ALLOWING COMMERCIAL KENNELS IN INDUSTRIAL ZONING DISTRICTS TO THE PLANNING COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.13. Consider Initiatin,q Ordinance Amendment to Establish a Minimum Lot Depth for Residential Zonin.q Districts City Planner Steve Ach requested the Council to consider initiating an ordinance amendment to establish minimum lot depth for residential zoning districts. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO PRESENT THIS ISSUE TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.14. Consider Initiatin.q Ordinance Amendment to Amend the Antenna Overlay Zoninq District City Planner Steve Ach requested the Council to consider initiating an ordinance amendment that would amend the antenna overlay zoning district and regulations for tower construction. COUNCILMEMBER FARBER MOVED TO INITIATE THE REQUESTED ORDINANCE AMENDMENT AND DIRECT STAFF TO BEGIN THE PUBLIC HEARING PROCESS TO REVIEW THE PROPOSED ORDINANCE AMENDMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting February 18, 1997 Page 14 7.15. City En.qineer Update on Hiqhway 169 Meetin.qs City Engineer Terry Maurer updated the City Council on the February 13'h Highway 169 Safety Meetings that were held. He indicated that both meetings for the commercial and residential property owners were poorly attended. 7.16. Derrick Investments Update City Planner Steve Ach indicated that Derrick Homes (Cottage Pioneer Development) will begin construction soon. He further indicated that Mr. Derrick will be before the City Council on March 3rd to request amendment of the PUD Agreement to eliminate the residency age requirements. 8. Other Business 8.1. Mayor Duitsman As a follow up to item 5.8 where the Eastern Urban District feasibility study was ordered, Mayor Duitsman requested the City Administrator to obtain information on right-or-way acquisition firms so that if a project gets ordered, it can move forward without a delay. 8.2. Towinq of Vehicles Councilmember Dietz questioned the city's policy on which company the city uses for towing vehicles. The City Administrator indicated that the city uses Boelter's Towing most of the time and that he would get additional information on the city policy to the Council. 9. Staff Updates The City Administrator reviewed topics the City Council may want to discuss during the State of the City Address. The City Administrator informed the Council that window coverings will be on the front windows at City Hall to eliminate some of the heat and UV rays that come through the windows. He indicated that this was a budgeted reserve expenditure and the cost for the window coverings is approximately $1,200. 10. Adjournment There being no fudher business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 10:20 p.m. Respectfully submitted, Sandra Thackeray "'~ City Clerk