Loading...
03-17-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RI~rER CITY HALL MONDAY, MARCH 17, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Phil Hals, Street/Park Superintendent; Peter Beck, City Attorney; Steve Ach, City Planner; Greg Berg, Environmental Code Officer; Bryan Adams, Utilities General Manager; Darrell Mack, WWTP Superintendent; Dave Sellergren, City Attorney; Terry Maurer, City Engineer Also Present: Judy Thompson, Planning Commission Representative 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider Aqenda The following items were added to the agenda: 3.12c. Pay Estimate for Ice Arena Project 7.1. Mayor Duitsman Updates COUNCILMEMBER THOMPSON MOVED TO APPROVE THE MARCH 17, 1997, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda Prior to approval of the consent agenda, Councilmember Dietz indicated that he contacted Push, Pedal, Pull regarding Item 3.9. on the consent agenda. He staled that after his conversation with a representative from the company, he was convinced that a commercial qualify treadmill was necessary for the amount of use the treadmill would receive. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. CHECK REGISTER - APPROVED 2/24/97 COUNCIL MINUTES - APPROVED 3/3/97 CITY COUNCIL MINUTES - APPROVED TEMPORARY LIQUOR LICENSE - CHURCH OF ST. ANDREW - APPROVED EXEMPTION FOR LAWFUL GAMBLING LICENSE - CHURCH OF ST. ANDi~EW - APPROVED City Council Minutes March 17, 1997 Page 2 4.1. 4.2. 4,3. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12a. 3.12b. 3.12c. 3.13. 3.14. CUB FOODS REQUEST FOR TEMPORARY GREENHOUSE, CASE NO. GP 97-2 - APPPROVED TARGET STORE REQUEST FOR TEMPORARY GREENHOUSE, CASE NO. GP 97-3 - APPROVED GOOD VALUE HOMES REQUEST FOR PRELIMINARY PLAT APPROVAL, OAKWOOD HILLS, PUBLIC HEARING CASE NO. P 97-1 - POSTPONED TO 4/21/97 PURCHASE OF C944 TREADMILL FROM PUSH, PEDAL, PULL IN THE AMOUNT OF ,~4,420.11 - APPROVED RENEWAL OF LIQUOR STORE INSURANCE - APPROVED RENEWAL OF CONSUMPTION AND DISPLAY PERMIT FOR ELK RIVER COUNTRY CLUB - APPROVED PAY ESTIMATE #12 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $59,690 FOR WORK COMPLETED ON THE WASTE WATER TREATMENT PLANT EXPANSION - APPROVED PAY ESTIMATE #2 TO BAUERLY BROTHERS, INC. FOR WORK COMPLETED ON THE 185TM AVENUE NORTH HIGHWAY 10 FRONTAGE ROAD IN THE AMOUNT OF $7,910.84 - APPROVED PAY ESTIMATE #10 TO M.A. MORTENSON IN THE AMOUNT OF 534,267 FOR WORK COMPLETED ON THE ICE ARENA PROJECT. IT WAS NOTED THAT TilE CHECK WILL NOT BE RELEASED UNTIL THE ARCHITECT HAS SIGNED THE PAY ESTIMATE - APPROVED USE OF TESCOM LOAN PAYMENTS (DTED LOAN FUND) FOR USE AS A FINANCING MECHANISM FOR THE BUSINESS INCUBATOR PROJECT AND OTHER FUTURE ECONOMIC DEVELOPMENT PROJECTS WHICH ARE DETERMINED BY THE EDA TO MEET THE CRITERIA ESTABLISHED FOR REUSE OF THESE FUNDS - APPROVED ACCEPT RESIGNATION OF GREG BERG, CITY ENVIRONMENTAL AND CODE ENFORCEMENT OFFICER - APPROVED COUI~CILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED Street Department Annual Report Street/Park Superintendent Phil Hals presented the 1996 Streets/Parks Department Annual Report. Utilities Commission Update Councilmember Dietz updated the Council on issues discussed at the March 11, 1997, Utilities Commission meeting. Community Recreation Board Update Councilmember Holmgren updated the Council on issues discussed at the March 10, 1997, Community Recreation Board meeting. He informed the Council that the Community Recreation Board celebrated its fifth anniversary. 4.4. Presentation on Environmental Issues City Council Minutes March 17, 1997 Page 3 4.5. Environmental Code Officer Greg Berg updated the Council on several environmental issues. Clean Up Day - Greg Berg informed the Council that the City will be holding a clean up day and will receive SCORE grants in the amount of $3,500 to fund the project. SCORE Recyclinq Application - Greg Berg updated the Council on the SCORE recycling application. He indicated that the funds are used to promote the increase of the County's recycling rate and to reduce the amount of trash incinerated or landfilled. Councilmember Farber indicated his concern regarding the lack of convenience for recycling household hazardous waste materials in the City. Tree Sale - Greg Berg updated the Council on the City's tree sale program for Elk River residents. Extra Garbaqe Pick Up - Greg Berg informed the Council that as of April 1, 1997, residents will be charged for extra garbage that will not fit in their garbage containers. Code Enforcement Update - Greg Berg updated the Council on code enforcement issues. Utilities General Manaqer Review of Water Main Extension Utilities General Manager Bryan Adams informed the Council that the Utilities Commission has authorized a water main extension project along Proctor Avenue and Highland Road. He indicated that MSA is doing the design work for the project. Bryan Adams questioned the Council whether the City is considering the installation of sewer, sidewalk, or other utilities while the area will be under construction. Discussion was held by the Council regarding possible future improvements in this area. Councilmember Dietz suggested that plans for sidewalk be deferred until the capital improvement plan is discussed. COUNCILMEMBER HOLMGREN AUTHORIZED THE WATER MAIN EXTENSION IMPROVEMENT PROJECT ALONG PROCTOR AVENUE ON HIGHLAND ROAD AND REQUESTED THE UTILITIES GENERAL MANAGER TO NOTIFY THE RESIDENTS IN THE AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO TAKE NO ACTION ON THE SIDEWALK OR EXTENSION OF SEWER THROUGH HIGHLAND ROAD. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Authorization of Bid Award for Purchase of Sludqe Haulinq Equipment City Council Minutes March 17, 1997 Page 4 COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF A HOLLAND FORD TRACTOR MODEL 8770 IN THE AMOUNT OF $75,828 AND A MODEL E LIQUID MANURE SPREADER FROM MALECHA SALES FOR $26,551.52 TO BE USED FOR HAULING SLUDGE FOR THE WASTEWATER TREATMENT PLANT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Discussion on Downtown Handicap Parkin.q Phil Hals discussed the need for extra handicap accessible parking stalls downtown. Phil reviewed the plan which was presented to the Council last month that would add two handicap accessible to the south side of Main Street and one stall in front of Kemper Drug. Phil Hals also reviewed the responses to the plan which he received from downtown property owners. Mayor Duitsman entered into the record a letter of support to Phil Hals from the Chamber of Commerce. Councilmember Farber questioned the logic of having two handicap stalls together as opposed to placing them in different locations. COUNCILMEMBER DIEI'Z MOVED TO APPROVE THE HANDICAP ACCESSIBLE PARKING PLAN FOR THE DOWNTOWN AREA AS PRESENTED BY PHIL HALS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER FARBER OPPOSED. 4.8. Update on Park and Recreation Survey City Administrator Pat Klaers explained that Decision Resources has prepared a draft park and recreation survey. The Council reviewed the survey questions. COUNCILMEMBER DIETZ MOVEB' TO APPROVE THE EXPENDITURE OF FUNDS FROM THE PARK AND RECREATION EQUIPMENT RESERVES IN THE AMOUNT OF $7,800 FOR THE COMMUNITY SURVEY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1a. Request by Cynthia Sanborn for a Conditional Use Permit to Operate a Therapeutic Massaqe Business (Selina Salon), Public Hearin.q Cas,:- No. CU 97-3 City Planner Steve Ach indicated that Cynthia Sanborn is requesting a conditional use permit to operate a therapeutic massage business at her Hair Salon located at 19112 Freeport Avenue. 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 CYNTHIA SANBORN TO OPERATE A BUSINESS WHICH INCLUDES THERAPEUTIC MASSAGE AT 19122 FREEPORT STREET WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT RECEIVES APPROVAL OF A LICENSE FOR THERAPEUTIC MASSAGE FI~OM THE CITY. City Council Minutes March 17, 1997 Page 5 6.1b. 6.2a. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Therapeutic Massaqe Establishment License for Salina's Salon COUNClLMEMBER FARBER MOVED TO APPROVE A THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE FOR CYNTHIA SANBORN AT SALINA'S SALON, 19122 FREEPORT STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Ordinance Amendment Re.qardin.q Closure of Manufactured Home Parks, Public Hearinq Case No. OA 97-4 City Attorney Dave Sellergren reviewed the proposed ordinance for manufactured home park closings. He indicated that the purpose of the ordinance is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parJ:s to pay additional compensation. Dave Sellergren explained that mobile home owners would be entitled to actual relocation costs if homes are relocated within 25 miles; if more than 25 miles then they would be entitled to the average relocation costs as compared to other owners. If mobile homes cannot be relocated then the owner is entitled to payment equaled to estimated market value by an independent appraiser. If payment is made, the mobile home owner must tender title. Mayor Duitsman opened the public hearing. Heather Berqman - 203 Baldwin Avenue addressed the issue of additional moving costs in the amount of $900. She indicated that many of the home owners are not certain that the appraised value will be the same as the amount owned on the mortgage. Councilmember Farber indicated his concern for those home owners who will fall short of paying off their mortgage. Beth Fraser of APAC indicated that the appraised value will not cover all of the mortgag ~.s and indicated she felt the Council should offer additional moving expenses. Councilmember Thompson indiccted that his main concern is meeting the time frame requirement of 30 days. He indicated that the residents would not have enough time to have their homes appraised and receive compensation 30 days prior to the closing of the park. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-3 AN ORDINANCE FOR MANUFACTURED HOME PARKS CHANGING SECTION 1010.12 FROM 30 DAYS TO 60 DAYS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. City Council Minutes March 17, 1997 Page 6 6.2b 6.3. Councilmember Farber stated that there will still be some people who will not be compensated enough to pay off the mortgage. THE MOTION CARRIED 4-1. COUNClLMEMBER FARBER OPPOSED. Appraiser for Elk Terrace Mobile Home Court City Administrator Pat Klaers informed the Council that he has researched the market for independent appraisers who are qualified to appraise mobile homes. The City Administrator stated that he has selected Credit Management Resources Corporation to do the appraisals of the mobile homes in the Elk Terrace Mobile Home Court. The City Council recessed at 7:45 p.m. and reconvened at 7:52 p.m. Preliminary Plat Request by Good Value Homes fCherrywood Hills), Public Hearing Case No. P 96-3 City Planner Steve Ach indicated that Good Value Hemes has requested a preliminary plat to subdivide approximately 38 acres info 79 single farniiy residential lots. The property is located in the northwest corner of Proctor Road and 193rd Avenue. Steve Ach presented the staff report reviewing the following issues of concern that were revealed by the Planning Commission and Staff. · The future of 193rd Avenue · Consideration of the physical characteristics · Grading and storm drainage · Consistency with adjacent development · Consistency with comprehensive plan Planning Commission Representative Judy Thompson indicated Planning Commission concerns of tree preservation, status of 193rd Avenue, improvements to internal traffic, lot depths being too shallow, drainage issues not being addressed and the elimination of the proposed park. She indicated that the Planning Commission voted to deny the plat. Mayor Duitsman opened the public hearing. Ron Bastier, developer of Lafayette Woods requested the Council to ensure the developer works toward the same efforts that were worked on with Lafayette Woods. He requested the Council to consider preservation of trees, berming and planting, topography and the relationship of the homes to Proctor Avenue. Mike Miller - 13822 200th Avenue requested the Council to consider the natural environment of the area. There being no further comments, Mayor Duitsman closed the public hearing. City Council Minutes March 17, 1997 Page 7 John Peterson of Good Value Homes indicated that in order for the plat to be economically feasible the plat was designed with higher density and modest priced homes. Mayor Duitsman indicated his concern with the plat in that there are drainage issues that are not addressed, and no consideration given to the number of trees proposed to be taken down. He indicated that the project should be redesigned. Mayor Duitsman entered into the record two letters; one from Lois Carton and another from Marian Jacobs, the property owner. COUNClLMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-20 DENYING A PRELIMINARY PLAT FOR CHERRY WOOD HILLS BASED ON THE FOLLOWING FINDINGS OF FACT: THE PROPOSED PLAT DOES NOT TAKE INTO CONSIDERATION THE PHYSICAL CHARACTERISTICS OF THE SITE INCLUDING TOPOGRAPHY AND NATURAL VEGETATION. THE PROPOSED GRADING PLAN WILL REQUIRE SIGNIFICANT AMOUNT OF GRADING TO OCCUR RESULTING IN THE SUBSTANTIAL LOSS OF A MATURE WOODLAND AREA. A COMPLETE SUBMII'rAL OF STORM DRAINAGE INFORMATION HAS NOT BEEN SUBMI'n'ED TO ALLOW FULL REVIEW OF THE GRADING/STORM DRAINAGE PLAN. THE PROPOSED PLAT IS INCONSISTENT WITH ADJACENT DEVELOPMENT AND MAY HAVE AN ADVERSE IMPACT ON THE REASONABLE DEVELOPMENT OF THE PROJECT. THE PROPOSED PLAT IS INCONSISTENT WITH THE COMPREHENSIVE PLAN GOALS AND POLICIES TO ENCOURAGE SUBDIVISION DESIGN WHICH PROTECTS WOODED AREAS AND NATURAL CONTOURS. 6. THE PROPOSED SUBDIVISION INCLUDES LOTS WITH A DEPTH LESS THAN TYPICALLY REQUIRED FOR 10,000 SQUARE FOOT LOTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 0. 6.4, _A_ DDlebees Restaurant Request For Conditional Use Permit, Public Hearinq Case No. Cu 97-4 City Planner Steve Ach indicated that Applebee's Neighborhood Grill and Bar is requesting a conditional use permit to operate a Class I restaurant and on-sale liquor establishment at the northeast corner of Freeport Avenue and School Street. Steve Ach presented the staff report on this issue. City Council Minutes March 17, 1997 Page 8 Judy Thompson, Planning Commission representative indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter Mayor Duitsman closed the public hearing. Steve Ach informed the Council that there are no stipulations in state law in relation to the distance a liquor establishment must be from a public facility. He further indicated that the City's ordinance also does not place any stipulations on this issue. Mayor Duitsman requested that the Planning Commission review this issue and mare a recommendation to the City Council regarding the distance of a liquor establishment from a public building. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY APPLEBEE'S NEIGHBORHOOD GRILL & BAR TO CONSTRUCT A 4, 759 SQUARE FOOT RESTAURANT AND BAR AS WELL AS OPERATING AN ON-SALE LIQUOR ESTABLISHMENT WITH THE FOLLOWING CONDITIONS: ALL OF THE COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED FEBRUARY 19, 1997 BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. THE PROPOSED RETAINING WALL ALONG THE EAST SIDE OF THE PARKING LOT BE CONSTRUCTED OF A KEYSTONE OR SIMILAR MASONRY BLOCK. A DETAIL OF THIS RETAINING WALL SHOULD BE PROVIDED ALONG WITH THE FINAL SET OF PLANS. THE LARGER OVERSTORY TREES AND CONIFERS THAT ARE PROPOSED WITHIN THE 30 FOOT EASEMENT ALONG THE EAST SIDE OF THE PROPERTY SHOULD BE RELOCATED SOMEWHERE ELSE ON SITE. o IT IS RECOMMENDED THAT THREE OF THE OVERSTORY TREES ALONG THE EAST SIDE COULD BE RELOCATED ALONG THE FREEPORT AVENUE SIDE OF THE SITE. NO PARKING LOT LIGHTING SHOULD OCCUR WITHIN THE 30 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY. LIGHTING WITHIN THIS AREA WILL NOT ONLY BE WITHIN THE DRAINAGE EASEMENT, BUT ALSO TOO CLOSE TO THE OVERHEAD POWERLINES ALONG HIGHWAY 169. THE FINAL SET OF PLANS WILL N~ED TO SHOW THE CONSTRUCTION LIMITS ALONG THE NORTH SIDE OF THE PROPERTY. THIS MAY HAVE TO INCLUDE EXPANDING THE PARKING LOT SLIGHTLY ONTO LOT 4, BLOCK 1 TO AVOID ANY EROSION WHICH MAY TA~(E PLACE BETWEEN THE TIME THAT APPLEBEES RESTAURANT IS COMPLETED AND THE ULTIMATE DEVELOPMENT OF THE FINAL LOT TO THE NORTH. ALL LANDSCAPE MATERIAL MUST MEET THE MINIMUM SIZE REQUIREMENTS AS SET FORTH IN THE ZONING ORDINANCE. A MONUMENT STYLE SIGN WITH A MAXIMUM HEIGHT OF TEN FEET AND SIGN AREA OF 100 SQUARE FEET BE ALLOWED. City Council Minutes March 17, 1997 Page 9 6.5. 9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit Request by Pinnacle Foods LP IPerkins Restaurant), Public. Hearinq Case No. CU 97-1 City Planner Steve Ach indicated that Pinnacle Foods, L.P. is requesting a conditional use permit for an amendment to their planned unit development for site plan review to expand the Perkins Family Restaurant, to install a 70 foot high structure (flagpole), and to expand their parking facility. Steve Ach presented the staff report on this issue. Steve Ach indicated that the Planning Commission voted 4-3 to deny the request for the 70 foot flagpole. He indicated that the flagpole structure is the issue, not the flag. Mayor Duitsman opened the public hearing. Jim Church. 19318 Baldwin St. indicated that he was in favor of allowing the 70 foot flag pole. Arlon Fuchs indicated he was opposed to allowing the 70 foot flag pole as he felt the flag was used as a means of advertising. Judy Gesch indicated that she was in favor of allowing the 70 foot flag pole and stated that she never associated the American Flag with Perkins. Denny Chuba - 10451 175th Ave indicated he was in favor of approving the 70 flag pole. Dan Smith, owner of Perkins Family Restaurant submitted a petition to the Council with 1,453 signatures indicating support of the 70 foot flag pole. Mr. Smith spoke to the issue of denial of free speech and expression. He also spoke about the lack of city restrictions on other structures. Eleanor Todahl, An.qel Rid.qe Apartments indicated her support of the 70 foot flag pole. Planning Commission representative Judy Thompson indicated that the Planning Commission voted to approve the expansion and increase in parking. She indicated that the Planning Commission voted to deny the increase in height of the flag pole as the Planning Commission felt the flag was used as a means of advertisement. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his support of the expansion and increase in parking but felt the flag was a means of advertising and should be restricted to the height as stated in the original CUP. City Council Minutes March 17, 1997 Page 10 Councilmember Farber stated that it is not the flag that draws him to Perkins and he does not feel it is a source of marketing. He indicated he is in favor of the 70 foot flag pole. Councilmember Holmgren stated that the Perkins site already sits 20 feet above the highway and can be clearly seen from the road. He indicated that he could support a 50 foot pole but not 70 feet as it would put the flag 90 feet above the intersection. Councilmember Thompson indicated that he agrees with Councilmember Farber in that he does not feel the flag is a representation of advertisement for Perkins. Councilmember Dietz concurred with Mayor Duitsman and indicated his opposition to raising the height of the pole to 70 feet. The City Attorney indicated that the city is under no legal obligation to allow the increase in the pole height. He stated that the right to fly the flag is not being regulated. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PINNACLE FOODS LP TO AMEND THE PLANNED UNIT DEVELOPMENT AND EXPAND THE PERKINS RESTAURANT FACILITY BY ADDING AN ADDITIONAL 48 SEATS AND EXPANDING THE PARKING LOT WITH THE FOLLOWING CONDITIONS: ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE CONSTRUCTION BE RELOCATED AND REPLACED. AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT INTO THE DRIVE AISLE. ANY PARKING LOT EXPANSIONS REQUIRE SUBMrrI'AL OF A SITE PLAN IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE. THE NEW PARKING LOT EXPANSION BE DONE ONLY AFTER AN EXEMPTION TO THE SUBDIVISION ORDINANCE HAS BEEN COMPLETED WHICH WILL RELOCATE THE EXISTING LOT LINE, ALLOWING PERKINS TO PURCHASE ADDITIONAL PROPERTY. THE PARKING LOT IMPROVEMENTS MEET ALL OF THE CITY'S PERFORMANCE STANDARDS SUCH AS CURB AND BITUMINOUS SURFACING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO DENY PINNACLE FOODS, LP'S REQUEST TO INSTALL A 70 FOOT HIGH STRUCTURE (FLAGPOLE) BUT TO ALLOW A 50 FOOT HIGH STRUCTURE (FLAGPOLE) BASED ON THE FACT THAT CUB FOODS HAS INSTALLED A 50 FOOT FLAG POLE. THE MOTION TO DENY THE 70 FOOT STRUCTURE IS BASED ON THE FOLLOWING: City Council Minutes March 17, 1997 Page 11 THE CONCEPT PLANS FOR THE ELK RIVER DEVELOPMENT PUD WERE APPROVED WITH BUILDING HEIGHTS, SIGNAGE AND OTHER STRUCTURES, I.E., FLAGPOLES, REDUCED IN HE!GHT TO MINIMIZE THE IMPACT TO THE RESIDENTIAL AREA TO THE EAST. THERE WAS PUBLIC OPPOSITION TO A FLAGPOLE EXCEEDING 35 FT. IN HEIGHT AT BOTH THE PLANNING COMMISSION MEETING ON JULY 25, 1995, AND THE CITY COUNCIL MEETING ON AUGUST 21, 1995. AS A GUIDELINE TO APPROVING THE 35 FOOT HIGH FLAGPOLE, THE MAXIMUM SIGN HEIGHT IN THE C3 (HIGHWAY COMMERCIAL) DISTRICT WAS REFERENCED. GIVEN THE LOCATION OF THE ELK RIVER RETAIL CENTER PUD AND ITS ELEVATION ABOVE THE HIGHWAY AND PROXIMITY TO THE RESIDENTIAL, HEIGHT RESTRICTIONS AND OTHER MEASURES TO MINIMIZE THE IMPACT TO THE RESIDENTIAL AREA WERE TAKEN INTO CONSIDERATION AS PART OF THE PLANNED UNIT DEVELOPMENT. THERE ARE NO SUBSTANTIAL CHANGES IN THE CONDITIONS OF THE SITE WHICH WARRANT AMENDING PREVIOUS ACTION BY THE PLANNING COMMISSION AND CITY COUNCIL COUNCILMEMBER DIETZ SECONDED THE MOTION. Councilmember Farber stated that the petition with over 1,000 signatures is a loud declaration of what the people feel and indicated that he does not want to see a compromise. THE MOTION CARRIED 3-2. COUNCILMEMBER THOMPSON AND COUNCILMEMBER FARBER OPPOSED. 6.6. Derrick Investment Request to Amend PUD to Allow a Townhouse Project with no Residency Restrictions P 96-9 City Planner Steve Ach indicated Derrick Investment has made a request to amend the PUD agreement for the Cottages of Elk River eliminating the 55 year residency requirements. Steve Ach stated that the developer has requested to table this item until April 21 so as to have more time to review the options. Mayor Duitsman opened the public hearing. Mayor Duitsman stated that the Council will take no action on the request until the neighboring residents are notified. Judy Gesch - 191~t Ave. - requested the Council to think about the increased density of traffic and people if the age restriction is lifted. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL APRIL 21, 1997 AT 6 PM AT THE ELK RIVER CITY HALL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes March 17, 1997 Page 12 6.7. Astrid McBeath Request for Administrative Subdivision AS 97-1 City Planner Steve Ach indicated that Astrid McBeath has requested an administrative subdivision to divide approximately 17 acres into two parcels. The property is located at the westerly end of Island View Drive and 191 ,t Avenue. Steve Ach reviewed the staff report on this issue. He indicated staff concern of the need to extend Island View Drive to provide access for emergency vehicles. Steve Ach indicated that the property is currently going through Torrance proceedings to determine ownership. The City Planner recommended that this issue be postponed until ownership can be determined. Mayor Duitsman opened the public hearing. Bob Johnson - 13542 Island View Drive indicated he is against the extension of Island View Drive. He indicated his concern of increased traffic. ,Dave Hal,qren - 13592 Island View Drive indicated he is opposed to the extension of Island View. David Island - 13563 Island View Drive indicated that the Council should not deny the people the existing cul-de-sac. Tom Heideman - 13546 Island View Drive indicated that there is no clear vision on Island View Drive at any one time and indicated he is opposed to extra traffic on the road. Dave Fesmeir indicated he moved to the area because of the privateness and stated he did not want the road connected. Seaton Foster - 13558 Island View Drive suggested building a new road going north to County Road 35. Sandy Weicht - 13330 Island View Drive indicated that there are many walkers in the neighborhood. She stated that it is an established neighborhood with a cul- de-sac and indicated her opposition to extending the road. Vern Draxler - 13416 Island View Drive indicated he is opposed to extending the road. Wade Lovelett - 13519 Island View Drive indicated he is opposed to extending the road. Mayor Duitsman indicated he would support not extending Island View Drive, but indicated that the city does have a policy of not allowing roads with only one entrance and exit. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLICL HEARING ON THIS ISSUE TO MAY 19, 1997 TO ALLOW TIME FOR OWNERSHIP OF THE PROPERTY TO BE City Council Minutes March 17, 1997 Page 13 6.8. 6.9, 6.10. DETERMINED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Jeff Mastley Request for Easement Vacation IWeatherwood Subdivision) Public Hearin.q Case No. EV 97-1 City Planner Steve Ach indicated that Jeff Mastley is requesting to vacate certain drainage and utility easements within the Weatherwood Subdivision. 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 ADOPT RESOLUTION 97-21, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 9'7-1 WITH THE FOLLOWING CONDITION: A GRANT OF EASEMENT FOR DRAINAGE AND UTILITY PURPOSES BE RECORDED PRIOR TO RECORDING THE RESOLUTION VACATING THE EASEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Ordinance Amendment Desi.qnatinq the Planninq Commission as the Board of Adjustment, Public Hearinq Case No. OA 96-t 7 City Planner Steve Ach explained that the City of Elk River is requesting to amend the zoning code designating the Planning Commission as the Board of Adjustment. Steve Ach explained that the proposed ordinance allows for automatic appeals of any variance request or appeal that was denied by the Board to the City Council for their consideration. In addition, any person that felt they were aggrieved by a decision of the Board could still appeal that decision to the City Council. Mayor Duitsman opened the public hearing. There being no one for or against the matter Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-4, AN ORDINANCE AMENDING SECTION 900.40 OF THE CITY CODE OF ORDINANCES (BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENTS TO THE CITY COUNCIL (CASE NO. 97-1). COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER FARBER OPPOSED. Councilmember Farber indicated he was opposed as he believes this is one of the duties the Council was elected to perform. Request for Ordinance Amendment to Allow Commercial Kennels in the I1 and 12 Zoninq Districts, Public Hearin.q, Case No. OA 97-2 City Council Minutes March 17, 1997 Page 14 6.1!. City Planner Steve Ach indicated that staff has reviewed a request by Mr. Tom Droegemueller to amend the zoning code to allow commercial Icennels in the I1 and 12 zoning districts. Steve Ach explained that Mr. Droegemueller owns property in the McChesney Industrial Park. The property is currently used for his manufacturing business and it is his intention to add a commercial kennel to the existing business. Steve Ach indicated that kennels are presently allowed in the A1 and R la districts. He stated that the Planning Commission felt commercial kennels were not an industrial use. Mayor Duitsman opened the public hearing. Reid Droe,qemueller - 18936 York St. - indicated that he is interested in diversifying his existing business to include a commercial kennel. He indicated that there will be no outdoor kennel runs and the animals will be kept strictly indoors. He stated that their existing lot is large enough to facilitate the expansion and start up costs would be less because they presently own the land and building. Planning Commission representative Judy Thompson indicated that the Planning Commission voted to deny the ordinance amendment as a commercial kennel is not an appropriate use for industrial land. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Holmgren stated that he would support the request for an ordinance amendment a conditional use on the basis that all animals will be contained indoors. Mayor Duitsman stated he is concerned about the limited amount of industrial space in the city and questioned whether this was an appropriate use of the industrial land. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-5, AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO DEFINITIONS AND CONDITIONAL USES iN THE I1 ZONING DISTRICT (CASE NO. OA 97-2). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER DIETZ ABSTAINED. Residential Lot Inventory Update City Planner Steve Ach presented the residential lot inventory update for platted residential property from 1989 to the present. City Council Minutes March 17, 1997 Page 15 7. Other Business Mayor Duitsman Updates: Electric, Utility Property Tax Mayor Duitsman stated that he will be writing to the legislators indicating the city's opposition to phase out personal property tax on electrical utilities. Special City Council Meetinq COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON APRIL 21, 1997, AT 5:00 P.M. TO CONSIDER THE PRESENTATION OF THE STRATEGIC PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. County Fair,qround Facilities - Youth Mayor Duitsman informed the Council that he and Jeff Asfahl will be meeting with the County to discuss the possibility of the city using the county fairground facilities for youth. 9. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN THE COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River was adjourned at 10:15 P.M. Respe tfully submitted, andra Thackeray City Clerk