08-18-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 18, 1997
Members Present:
Mayor Duitsman, Council Members Dietz, Thompson, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Phil
Hals, Street/Park Superintendent; Dave Sellergren, City Attorney;
Steve Ach, City Planner; Terry Maurer, City Engineer; Jeff Asfahl,
Community Recreation Director; Scott Harlicker, Planning Assistant;
Steve Rohlf, Building and Zoning Administrator; Bruce West, Fire
Chief
Also Present:
Louise Kuester, 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 A.qenda
The Council agenda was amended as follows:
Item 3.1. - Removed
Items 3.3, 3.4 and 3.5 - Moved from consent agenda to agenda item 6.0
Item 3.12. moved from consent agenda to agenda item 7.1.
COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 18, 1997, CITY
COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent Aqenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
8/4/97 COUNCIL MINUTES - REMOVED FROM AGENDA
CHECK REGISTER - APPROVED
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR
TO HR & CC)PUBLIC HEARING CASE NO. LU 97-2 - MOVED TO AGENDA ITEM
# 6.0
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC
HEARING CASE NO. ZC 97-20 - MOVED TO AGENDA ITEM # 6.0
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT,
PUBLIC HEARING CASE NO. CU 97-20 - MOVED TO AGENDA ITEM # 6.0
CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (AREA #1) PUBLIC
HEARING CASE NO. LU 97-1 -- POSTPONE TO 9/15/97.
Elk River City Council Meeting
August 18, 1997
Page 2
3.7,
3.9.
3.10.
3.11.
3.12.
3.13.
3.14.
3.15.
CITY OF ELK RIVER REQUEST FOR ZONE CHANGE (AREA #1) PUBLIC HEARING
CASE NO. ZC 97-3 - POSTPONED TO 9/15/97
CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT TO ADJUST THE
URBAN SERVICE BOUNDARY, PUBLIC HEARING CASE NO. OA 97-10-
POSTPONED TO 9/15/97
CONTRACTOR PROPERTY DEVELOPER'S COMPANY (CPDC) REQUEST FOR
ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-1 - POSTPONED TO
10/20/97
CPDC REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING, CASE NO.
CU 97-11 - POSTPONED TO 10/20/97
CPDC REQUEST FOR PRELIMINARY PLAT (TROl'r BROOK FARMS), PUBLIC
HEARING CASE NO. P 97-8 - POSTPONED TO 10/20/97
CONSIDER 1997 ANNUAL EVALUATION AND PLANNING SYSTEM FOR
WASTEWATER TREATMENT PLANT - MOVED TO AGENDA ITEM 7.1
RESOLUTION 97- 73 APPOINT ELECTION JUDGES FOR SEPTEMBER 23, 1997,
PARK BOND REFERENDUM- APPROVED
ORDINANCE 97-115, AMENDING SECTION 1302.10, SERVICE AVAILABILITY
CHARGES (SAC) OF THE ELK RIVER CODE OF ORDINANCES - APPROVED
PAY ESTIMATES
A. PAY ESTIMATE #4 FOR NORTHBOUND LIQUOR STORE PROJECT IN THE
AMOUNT OF $158,969 - APPROVED
B. PAY ESTIMATE #5 TO W.B. MILLER FOR WORK ON THE 171sT AVENUE
PROJECT IN THE AMOUNT OF $1,932.64 - APPROVED
C. PAY ESTIMATE #6 TO BAUERLY BROTHERS, INC. IN THE AMOUNT OF
$59,719.67 FOR WORK COMPLETED ON THE 185TM AVENUE PROJECT-
APPROVED
D. PAY ESTIMATE #4 TO R.L. LARSON EXCAVATING, INC. FOR WORK ON THE
ORONO LAKE THIRD, JOPLIN STREET AND LOWELL AVENUE PROJECTS IN
THE AMOUNT OF $94,582.51 - APPROVED
E. PAY ESTIMATE #6 TO MID-MINNESOTA CONCRETE/EXCAVATING FOR
WORK COMPLETED ON THE HILLSIDE CROSSING II PROJECT IN THE
AMOUNT OF $2,403.35 - APPROVED.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
4.1. Phil Jackowicz- Information on Girls and Boys Club
Mr. Phil Jackowicz gave a presentation regarding the Girls and Boys Club which is
a private nonprofit program offered to youth by members of the community. The
requirements for this club are that there is a place for the kids to meet with
adequate leadership consisting of a professional full time staff member as the
leader. The basic principle of the club is to promote competence, usefulness,
belonging and influence for its members. Mr. Jackowicz indicated that Mr. Rick
Briggs, who is a member of the Elk River community, is working toward promoting
this program. He indicated that anyone interested should contact either him or
Mr. Briggs.
4.2. Summary of Summer Storm Clean Up
Street Superintendent Phil Hals updated the Council on the clean up of the July 1
storm. He indicated that the clean up cost the City $28,905 plus and took
approximately 600 labor hours which set his department behind for end-of-
Elk River City Council Meeting Page 3
August 18, 1997
summer projects. Phil Hals discussed the possibility of cooperatively purchasing a
grinder to be used jointly by Sherburne County municipalities. He suggested that
this would be a good use of SCORE funds.
Phil Hals informed the Council that he is continuing his search for a van to be used
by city administration. He indicated that the State Department of Administration
is holding auctions on used vans and they are running in the price range of
$%000. He indicated that there will be about 6 auctions and that he will continue
to pursue the purchase of a van.
4.3. Utilities Commission Update
John Dietz updated the Council on actions taken by the Utilities Commission at its
last meeting held August 12, 1997.
4.4. Community Recreation Board Update
Community Recreation Director Jeff Asfahl updated the Council on issues
discussed at the July and August Community Recreation Board meetings.
4.5. Liquor Store Cooler Shelving Bids
The City Administrator indicated that two bids were received for the cooler
shelving at the liquor store. The City Administrator recommended awarding the
bid to the Iow bidder, Total Refrigeration Systems, Inc.
COUNCILMEMBER HOLMGREN MOVED TO AWARD THE COOLER SHELVING BID TO
TOTAL REFRIGERATION SYSTEMS, INC. IN THE AMOUNT OF $17,044.00.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.6. Update on County Transportation Plan
City Engineer, Terry Maurer, indicated that he attended the County Board
meeting where the County Transportation Plan was presented. Terry Maurer
explained that there were roads in the City of Elk River that the County
designated as already being congested and roads that will be near congestion
in the year 2020. He indicated that the County will be scheduling an open house
to allow the public to review and comment on the plan.
4.7. Feasibility Study for Sherburne County and Gaqne Properties
Terry Maurer indicated that the Council has received a copy of the feasibility
study for the extension of utilities and street to serve the Sherburne County
Government Center. He indicated that the feasibility study was initiated by a
petition from Sherburne County. He informed the Council that staff has met with
Mr. Gagne to discuss the effect this project will have on his property.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-74, RECEIVING THE
FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING IN THE MA'FFER OF THE STREET
AND UTILITY IMPROVEMENT OF 1997 TO SERVE THE SHERBURNE COUNTY
GOVERNMENT CENTER. COUNCILMEMBER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
Elk River City Council Meeting Page 4
August 18, 1997
COUNCILMEMBER THOMPSON MOVED TO DIRECT THE CITY ENGINEER AND STAFF TO
MEET WITH BILL GAGNE REGARDING THE EFFECT THIS PROJECT WILL HAVE ON HIS
PROPERTY AND TO PURSUE OBTAINING THE NECESSARY RIGHT OF WAY FOR THE
PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.8. Consider Resolution to Close 193rd from County Road t to County Road 77
City Planner Steve Ach indicated that the proposed resolution authorizes the
closing of 193rd Avenue between County Road #1 and County Road #77 to
through traffic and the conversion of the road into a pedestrian corridor. He
indicated that the long term transportation system will operate more efficiently
and safely by closing 193rd Avenue to through traffic. City Engineer Terry Maurer
discussed the drainage issue relating to the Carton property.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-75, A RESOLUTION
AUTHORIZING THE CLOSURE OF 193"D AVENUE TO THROUGH TRAFFIC BETWEEN
PROCTOR AVENUE AND COUNTY ROAD NO. 1. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
4.9.
Consider Resolution Approvin.q Plans and Specifications and Orderinq the
Advertisement for Bids for TH 10 and Proctor Intersection
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-76, A RESOLUTION
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT
FOR BIDS IN THE MATTER OF THE TH 10/PROCTOR AVENUE INTERSECTION
IMPROVEMENT OF 1997. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
4.10. Consider Resolution Orderinq Feasibility Report for Sewer and Water on Boston
Street NW
City Engineer Terry Maurer explained that the City has received a petition for
local improvements (water and sewer) from three residents who live on Boston
Street, just off of Orono road. He indicated that with the exception of the
Cemetery, the people who signed the petition represent all of the properties
along this section of Boston Street.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-77 A RESOLUTION
DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING
THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE BOSTON STREET UTILITY
IMPROVEMENT OF 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.11. Consider Resolution Orderinq Feasibility Report for a Community Lift Station for the
Property North of TH 10 in the Western Area
City Engineer Terry Maurer explained that the City has received a petition for a
local improvement (community lift station) for property located north of TH 10
and east of Custom Motors.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-78, A RESOLUTION
DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING
Elk River City Council Meeting
August 18, 1997
Page 5
THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE COMMUNITY LIFT
STATION IMPROVEMENT OF 1997 TO SERVE PROPERTY NORTH OF THIO IN THE
WESTERN AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.12. Update on Earl Hohlen Mobile Home Park Property
City Planner Steve Ach informed the Council that as of August 8th the mobile
home park closure process has reached its one year deadline. He indicated the
developer will continue to negotiate with the mobile home residents.
Councilmember Thompson indicated that he has been informed that the
developer is not responding to the mobile home residents. It was the consensus
of the Council to have staff put a couple of the residents in contact with the
developer.
4.13. Consider Premises Permit Renewal Request by VFW
The City Clerk informed the Council that the Elk River-Rogers VFW has requested
to renew two premises permits to conduct charitable gambling at the Sunshine
Depot and the Eagles Club. She indicated they had met the City's criteria of
spending 75% of expenditures in the trade area. The Council indicated its
concern over a shortage of premises for gambling organizations to operate in the
City and the fact that some organizations are operating at two locations. It was
the consensus of the Council to take no action on this at this time.
COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ACTION ON THIS ISSUE FOR
ONE WEEK. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.0.a.
6.0.b.
6.0.c.
Guardian Anqels of Elk River Request for Land Use Amendment MR to HR and CC,
Public Hearinq Case No. LU 97-2
Guardian Anqels of Elk River Request for Zone Chan.qe, Public Hearin.q Case No.
ZC 97-20
Guardian Anqels of Elk River Request for Conditional Use Permit, Public Hearinq
Case No. CU 97-20
Carol Mills, Director of Guardian Angels, indicated that she has recently become
aware that there are certain Department of Natural Resources (DNR) shoreline
regulations for their property along Highway 10. She stated that they were not
aware of the DNR regulations when the property was purchased. She further
indicted that the DNR regulations are restrictive in that they would reduce the
number of housing units and restrict the location of the retail businesses that they
had planned. Carol Mills indicated that the Guardian Angels is still planning to
move ahead with their land use amendment, rezoning, conditional use permit,
and preliminary plat.
Bea Bastier, Chairman of the Strategic Planning Committee, spoke to the Council
regarding the need for assisted living housing.
Michael Trossman, of Trossman Architects, spoke to the Council about the
campus development of the assisted living housing. He indicated that Guardian
Elk River City Council Meeting
August 18, 1997
Page 6
Angels will more than likely be applying for a variance to increase the number of
units.
COUNCILMEMBER FARBER MOVED TO:
· POSTPONE THE REQUEST FOR A ZONE CHANGE BY GUARDIAN ANGELS, CASE
NO. ZC 97-20 TO 10/20/97
· POSTPONE THE REQUEST FOR A CONDITIONAL USE PERMIT BY GUARDIAN
ANGELS, CASE NO. CU 97-20 TO 10/20/97
· POSTPONE THE REQUEST FOR A LAND USE PERMIT BY GUARDIAN ANGELS, CASE
NO. LU 97-2 TO 10/20/97
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5. Open Mike
Ron Robins, 12884 187th Circle NW, distributed a letter from his wife, Polly Robbins,
and a petition urging the City Council to install the traffic signal at Highway 10
and Upland Avenue in 1997.
City Engineer Terry Maurer indicated that funding for the signal has been
approved by MnDot and the traffic signal for Highway 10 and Upland is
scheduled for installation in early 1998. He further stated that there will be a
public information meeting on Thursday, August 28th regarding this traffic signal.
Diane Olson indicated that she lives in the Westwood Addition, and also urged
the Council to move as quickly as possible on the installation of this signal, as it is a
dangerous intersection.
4.14. Park and Recreation Bond Referendum Update
City Administrator Pat Klaers distributed a flyer regarding the bond referendum
that will be included in the utilities bill. John Kuester, Chair of the Bond
Referendum Committee, reported on the progress that the Committee has made
regarding the bond referendum. He indicated that the Committee has received
some funding for the promotion of the referendum. The City Administrator
indicated that there will be a number of City expenses for the referendum, which
he recommends come from the City Council Contingency Fund.
6.1. Conditional Use Permit for Mineral Excavation & Hot Mix Asphalt Plant by Tiller
Corporation, Public Hearing Case No. CU 97-19
Building and Zoning Administrator Steve Rohlf stated that the Tiller Corporation is
seeking a conditional use permit for mineral excavation on a 133 acre site. He
indicated that the Tiller Corporation is also proposing to relocate their hot mix
asphalt plant to this site. He stated that the hot mix asphalt plant is considered a
related facility to the gravel mining and can be reviewed under the same
conditional use permit process. Steve Rohlf 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.
Elk River City Council Meeting Page 7
August 18, 1997
COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION FOR THE TILLER CORPORATION CONTINGENT UPON THE
CONDITIONS STATED IN THE CONDTIONAL USE PERMIT. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2.
Request by Charles & Natalie Johnson for Variance, Public Hearin.cl Case No. V
97-5
Planning Assistant Scott Harlicker indicated that Charles & Natalie Johnson of
14146 182nd Avenue, located in the Pinewood Subdivision, have requested a
variance to allow a 25 foot high net along their side property line. He indicated
that they're concerned regarding their safety because of the numerous golf balls
that are hit into their yard on a daily basis. Scott Harlicker indicated that the net
is considered a fence under the zoning ordinance and required a variance due
to the height. He stated the Board of Adjustments voted to deny the variance
request, based on the fact that they did not feel that the applicant met the
following criteria:
The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are not
characteristic of, or applicable to, other lands or structure in the same
area.
The literal application of the provisions of this ordinance would deprive the
petitioner of rights enjoyed by other properties in the same district under
the terms of this ordinance.
The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
Mayor Duitsman opened the public hearing.
Judy Thompson, 14122 182.d Avenue, indicated that she supports the request for
a variance. She indicated that the main concern has to do with the safety issue.
Ron Stricker, 14176 182.d Avenue, indicated that he lives next door to the
Johnson's and stated that he had no objection to the net.
Charlie Boerger, 14209 182n~ Avenue, indicated that he supports the request. He
further indicated that he has nets on two of his decks as his house frequently gets
hit by golf balls..
Charles Johnson, the applicant, indicated that the main request for the net is
because of the safety issue.
There being no other comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO GRANT THE VARIANCE REQUESTED BY
CHARLES AND NATALIE JOHNSON TO CONSTRUCT A 25 FOOT HIGH NET ALONG
THEIR SIDE PROPERTY LINE WITH THE CONDITION THAT THE NET BE REMOVED DURING
THE WINTER OR WHEN THE GOLF COURSE IS NOT IN OPERATION, AND FURTHER, THAT
THE VARIANCE IS BEING GRANTED BASED ON THE FOLLOWING FINDINGS:
LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN
THAT BY NOT ALLOWING THE 25 FOOT HIGH NET THE APPLICANT WILL
Elk River City Council Meeting
August 18, 1997
Page 8
CONTINUE TO SUSTAIN PROPERTY DAMAGE AND RISK INJURY FORM GOLF
BALLS.
THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES
WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR
APPLICABLE TO, OTHER LANDS IN THE SAME AREA. EVEN THOUGH THERE ARE
OTHER PROPERTIES IN THE AREA WHICH ARE SUBJECT TO GOLF BALLS
LANDING IN THEIR YARD, IT IS THE FREQUENCY AT WHICH IT HAPPENS TO THE
APPLICANT'S PROPERTY THAT IS NOT CHARACTERISTIC OF THE OTHER LOTS.
THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD
DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE
SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. MANY OF THE
NEIGHBORING PROPERTIES DO NOT SUSTAIN THE AMOUNT OF PROPERTY
DAMAGE NOR HAVE THE SAME RISK OF INJURY FORM GOLF BALLS AS DOES
THE APPLICANT.
THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE
DAMAGE CAUSED BY THE GOLF BALLS AND RISK OF INJURY ARE NOT
CAUSED BY ANTHING THE APPLICANT DID OR DID NOT DO.
THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR
NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING
WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Councilmember Holmgren raised the issue of regulating golf courses. Steve Ach,
City Planner, indicated that currently the City's conditional use permit process
does regulate golf courses. He further indicated that Pinewood Golf Course does
not have a conditional use permit.
THE MOTION CARRIED 5-0.
6.3.
Comprehensive Land Use Plan Amendment by CPDC, Public Hearin.q Case No. LU
97-3
City Planner Steve Ach indicated that CPDC are requesting a Comprehensive
Land Use Plan amendment changing the land use designation of approximately
80 acres from light industrial to medium density residential. The property is
located at the northeast corner of County Road 12 and the Tyler Street
alignment. 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.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-79, A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LIGHT
INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL, CASE NO. LU 97-3. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Elk River City Council Meeting
August 18, 1997
Page 9
The City Council recessed at 8:00 and reconvened at 8:05.
6.4.
Amoco Oil Co. Request for Conditional Use Permit, Public Hearinq Case No. CU
97-17
Planning A~si~tanf §coif Harlicker s~ra~'ed tha~r Amoco 011 is request'lng a
conditional use permit for a convenience store, gasoline sales, and a car wash
located at the southeast corner of 197th Avenue and Highway 169. Scott stated
that the application coincides with Hillside Crossing III preliminary and final plat
approval. Scott Harlicker reviewed the staff report on this issue. He stated that
the Planning Commission discussion focused on the access from 197~h and from
Evans Street, and QIso on the berming along 197th. He stated that the Planning
Commission and staff recommend that the access on Evans Street should be
lined up with 196th Avenue.
Mayor Duitsman opened the public hearing.
John Kosmos, of KK Design, (engineer for the Amoco project), addressed the
issues relating to the request. Mr. Kosmos indicated that Amoco would prefer the
exit onto Evans versus 196~h as he felt the exit onto 196th Avenue would have
limited visibility for the customers.
There being no further comments, Mayor Duitsman closed the public hearing.
Planning Commission Representative Louise Kuester indicated that the Planning
Commission did have several concerns regarding berming and access to the site.
She stated that the Planning Commission did not make a recommendation as the
vote was 3,3,1.
Councilmember Farber indicated his concern regarding losing the site line due to
the proposed berm and further questioned the need for a sidewalk along the
front of the building.
Councilmember Holmgren also indicated his concern regarding the need for a
sidewalk. He further stated that if the entrance is moved to 196th Avenue, he feels
that the berm will have to be removed.
Councilmember Thompson indicated that the advantage of using the 196th exit is
that the City can control the exit.
Councilmember Dietz indicated his high concern regarding the signage. Steve
Ach indicated that the PUD requires a 10 foot sign. The Council discussed the sign
size for Holiday and SuperAmerica gas stations. It was indicated that these signs
are between 15 and 18 feet in size.
Mayor Duitsman concurred that there is no need for a sidewalk and indicated his
suppod for a 15 foot sign to be consistent with Holiday and SuperAmerica. He
further stated that he supports the exit onto 196th Avenue.
Louise Kuester, Planning Commission Representative, stated that the Planning
Commission felt it was necessary to have pedestrian circulation provided.
Elk River City Council Meeting
August 18, 1997
Page 10
MAYOR DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED
BY AMOCO OIL, CO., CASE NO. CU 97-17 FOR A CONVENIENCE STORE, GASOLINE
SALES, AND A CAR WASH WITH THE UNDERSTANDING THAT THE BERM ISSUE MUST BE
ADDRESSED AND RESOLVED AND WITH THE FOLLOWING CONDITIONS:
THE TOP OF THE BERM ALONG 197TH AND EVANS BE AT LEAST 6 FEET ABOVE
THE FINISHED FLOOR ELEVATION OF THE BUILDING.
THE PROPOSED DRIVEWAY ON EVANS STREET LINE UP OPPOSITE 196TH
AVENUE AND THE ACCESS DRIVE BE STRAIGHTENED AND SHIFTED TO THE
WEST AS SHOWN ON EXHIBIT A (ALTERNATIVE LANDSCAPE PLAN).
A LANDSCAPING PLAN BE PROVIDED THAT COMPLIES WITH WHAT IS
REQUIRED IN THE ZONING CODE. THE LANDSCAPING SHOULD INCLUDE
EVERGREEN TREES PLANTED ON THE BERM AND AROUND THE TRASH
ENCLOSURE, OVERSTORY TREES PLANTED ALONG THE STREET FRONTAGE, AND
UNDERSTORY TREES PLANTED ON THE INTERIOR OF THE SITE. THE SCREENING
PROVIDED ON THE BERM WILL BE IN ADDITION TO LANDSCAPING REQUIRED
BY ORDINANCE. (SEE EXHIBIT A, ALTERNATIVE LANDSCAPE PLAN)
A LANDSCAPED AND CURBED PENINSULA BE PROVIDED ON THE WEST END OF
THE PARKING AREA IN FRONT OF THE BUILDING WITH A WIDTH OF 5 FEET TO
ALLOW FOR LANDSCAPING.
THE LIGHTS ON THE BOTTOM OF THE CANOPY BE DESIGNED SO THAT THE
LIGHT IS DIRECTED UNDER THE CANOPY AND DOES NOT SPILL OVER TO
ADJACENT PROPERTIES AND THE BACKLIGHTING BE LIMITED TO THE AREA
USED FOR SIGNAGE AND THE STRIPE. OTHER ON SITE LIGHTING SHALL BE
DIRECTED TOWARDS THE INTERIOR OF THE SITE.
THE GRADE AT WHICH THE FREESTANDING SIGN IS PLACED SHALL NOT
EXCEED THE GRADE ALONG THE NORTHWEST CORNER OF THE SITE.
IF THE SECOND DRIVEWAY BETWEEN THIS PARCEL AND OUTLOT A IS
APPROVED, THE RELATED IMPROVEMENTS SHALL BE INSTALLED WITH THIS
DEVELOPMENT TO THE PROPERTY LINE.
8. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
ALL SIGNS WILL REQUIRE A SIGN PERMIT AND SHALL COMPLY WITH THE
REQUIREMENTS OF THE HILLSIDE CROSSING II SIGN AGREEMENT AND THE
CITY SIGN ORDINANCE.
10.
IF THE ACCESS FROM 197TH IS APPROVED, THE STREET LIGHT ALONG 197TH
SHALL BE RELOCATED.
11.
SIGHT DISTANCE ALONG EVANS STREET BE KEPT CLEAR WITH LANDSCAPING
KEPT LOWER THAN 24 INCHES OR HIGHER THAN 42 INCHES.
12.
THE EXTERIOR OF THE DUMPSTER ENCLOSURE AND THE CAR WASH SHALL BE
SPLIT FACED BLOCK TO MATCH THE EXTERIOR OF THE BUILDING.
Elk River City Council Meeting
August 18, 1997
Page 11
13.
ALL DISTURBED AREAS SHALL BE SODDED INCLUDING THAT AREA WITHIN THE
HIGHWAY 169 RIGHT-OF-WAY.
14.
APPROVAL IS CONTINGENT UPON THE PRELIMINARY AND FINAL PLAT OF
HILLSIDE CROSSING III BEING APPROVED. PLAT MUST BE FILED WITH
SHERBURNE COUNTY PRIOR TO BEGINNING CONSTRUCTION.
15. REQUIRED FIRE HYDRANTS BE PROVIDED AS DETERMINED BY THE FIRE CHIEF.
16.
EROSION CONTROL MUST BE IN PLACE PRIOR TO COMMENCING GRADING
ON SITE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6,7.
It was the consensus of the Council that if the sign is to be larger than the PUD
allowed, then the applicant must apply for a variance.
Request by Phoenix Enterprises for Preliminary and Final Plat Approval (Hillside
Crossinq III), Public Hearinq Case No. P-97-11
City Planner Steve Ach indicated that Phoenix Enterprises is requesting a
preliminary plat approval to subdivide approximately 3.5 acres into one
commercial lot and one outlot at the southeast corner of 197th Avenue and
Highway 169. Steve Ach reviewed the staff report on this issue. Discussion was
held by the Council regarding the need for the sidewalk along Evans Street to the
new driveway onto Evans for the Amoco site. It was the consensus of the Council
that the sidewalk is not necessary and should be deleted.
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 APPROVE THE PRELIMINARY PLAT OF
HILLSIDE CROSSING III AS REQUESTED BY PHOENIX ENTERPRISES WITH THE
FOLLOWING CONDITIONS:
A DEVELOPER'S AGREEMENT BE PREPARED OUTLING THE TERMS AND
CONDITIONS FOR APPROVAL ALONG WITH NECESSARY IMPROVEMENTS.
THE PRELIMINARY AND FINAL PLAT SHALL BE ADJUSTED TO SATISFY THE
CONDITIONS APPROVED AS PART OF THE AMOCO OIL'S SITE PLAN REVIEW.
THIS INCLUDES ANY MODIFICATIONS TO THE LANDSCAPED AREAS ALONG
EVANS AND 197TM.
PARK DEDICATION SHALL BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT.
SURFACE WATER MANAGEMENT SHALL BE PAID IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT.
WATER AVAILABILITY SHALL BE PAID TO ELK RIVER UTILITIES PRIOR TO
RECORDING THE PLAT WITH THE COUNTY. DEVELOPER SHOULD ALSO CHECK
WITH ELK RIVER UTILITIES OR ANY ADDITIONAL WATER CHARGES ASSOCATED
WITH THE DEVELOPMENT OF THIS SITE.
Elk River City Council Meeting
August 18, 1997
Page 12
6.5. &
6.6.
THE WATERMAIN SHALL BE EXTENDED WEST OF EVANS TO HIGHWAY 169,
THEN SOUTH TO EVANS, PROVIDING THE NECESSARY LOOP FOR FIRE
PROTECTION PURPOSES. SINCE THIS WILL BE A PUBLIC UTILITY, THE PLANS
MUST BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO
INSTALLATION.
ADDITIONAL RIGHT OF WAY WILL BE REQUIRED ALONG EVANS IN ORDER TO
ACCOMPLISH A 15 FOOT BOULEVARD AREA.
o
DRIVEWAY LOCATIONS SERVING THE PLATTED AREA (LOT 1 AND OUTLOT A)
SHALL BE LIMITED TO THE FOLLOWING:
A RIGHT IN ONLY OFF OF 197m AVENUE AND SUBJECT TO REVIEW AS
PART OF A SPECIFIC DEVELOPMENT PLAN. THE ACCESS MAY BE DENIED
BY THE CITY COUNCIL IF NOT DESIGNED OR LCOATED ACCORDINGLY.
ONE DRIVEWAY ONTO EVANS AVENUE OPPOSITE 196TM AVENUE.
ONE DRIVEWAY AT THE SOUTH END OF OUTLOT A SIMILAR TO THE
LOCATION SHOWN ON THE APPROVED CONCEPT PLANS FOR HILLSIDE
CROSSING PUD.
A CROSS ACCESS AGREEMENT BE COMPLETED ALLOWING A COMMON
DRIVEWAY BETWEEN LOT 1 AND OUTLOT A HILLSIDE CROSSING III
10.
DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THE PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING AT
SHERBURNE COUNTY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-80, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR HILLSIDE CROSSING III, CASE NO. P 97-11.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by the City of Elk River for Land Use Amendment and Rezoninq, Public
Hearinq Case No's. LU 97-4 and ZC 97-5
Planning Assistant Scott Harlicker indicated that the City of Elk River is initiating a
land use amendment from highway business to light industrial and rezoning from
highway commercial to light industrial for property located at the southwest
corner of Highway 169 and Main Street. Scott Harlicker reviewed that staff report
on this issue. He stated that the Planning Commission recommended approval
with a 4-2 vote.
Mayor Duitsman opened the public hearing.
Dr. Howard Johnson stated that he owns a chiropractic office on a portion of the
property that is proposed to be rezoned. He stated that he felt the property
should remain commercial as it does not lend itself to light industrial. He
indicated that there is currently a traffic problem and feels that light industrial will
Elk River City Council Meeting Page 13
August 18, 1997
increase that problem. He further stated that it would not be appealing to have
light industrial in that area as it is the entrance to the city. He indicated he is
opposed to the land use and zone change amendments.
Earl Hohlen indicated that the map the City is using for the land use and zone
change is incorrect. He stated he is opposed to the zone change and indicated
that he wants the property to remain commercial.
There being no further comments, Mayor Duitsman closed the public hearing.
MAYOR DUITSMAN MOVED TO APPROVE A RESOLUTION AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM
HIGHWAY BUSINESS TO LIGHT INDUSTRIAL, CASE NO. LU-97-4. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION.
Steve Ach stated that it is the City's intention to have the land use plan follow the
property lines.
THE MOTION FAILED 3-2.
Councilmembers Holmgren and Farber opposed. The motion failed due to lack:
of a 4/5 vote. No action was taken on the rezoning at this time.
6.8.
Request by Phoenix Enterprises for Preliminary and Final Plat Approval (Hillside
Crossinq South II), Public Hearin.q Case No. P 97-7
City Planner Steve Ach stated that Phoenix Enterprises is requesting preliminary
and final plat approval to subdivide approximately 7 acres into two commercial
lots at the southeast corner of 193rd Avenue and Evans alignment. He indicated
that the application involves replatting outlot A of Hillside Crossing South. Steve
Ach reviewed the staff report on this issue.
Mayor Duitsman opened the public hearing.
Marvin Loidolt, 19216 Dodge Street, stated he is opposed to the preliminary and
final plat. Mr. Loidolt stated his concerns regarding the ridge line, the large size of
the parking lot, the increased traffic to the area, the cutting down of trees, and
his opposition to the current C3 zoning.
Chris Szews, 19265 Dodge Street, indicated that he is opposed to the preliminary
and final plat. He stated there are many children Jn the area and indicated his
concern regarding the additional traffic. He further indicated that in 1991 and
1994, the City Council indicated that it would retain the natural barrier. He stated
he would like the natural barrier maintained.
Judy Orlock, 19268 Dodge Street, stated she is opposed the preliminary plat. She
indicated that she has a concern with the increase in traffic, the parking lot, and
the fact that her home will be facing a commercial property.
Cory Cook, 11440 193rd Avenue, indicated his concern regarding the extra traffic.
He further stated that the commercial property would decrease the value of his
home. He indicated that he is opposed to the request.
Elk River City Council Meeting
August 18, 1997
Page 14
There being no further comments, Mayor Duitsman closecl the public t~earing.
Councilmember Dietz questioned an easement which the Council had previously
indicated should not be entirely vacated. Steve Ach indicated that the
easement was vacated due to a clerical error.
Councilmember Holmgren indicated his concern with the number of parking
stalls. He further stated that he would like to see the parking lot moved back as
far as possible from the residential area.
COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR
HILLSIDE CROSSING SOUTH II REQUESTED BY PHOENIX ENTERPRISES WITH THE
FOLLOWING CONDITIONS:
A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE CONDITIONS OF
PLAT APPROVAL AND PUBLIC IMPROVEMENTS.
PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR
RECORDING.
PAYMENT OF THE SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO
RECORDING THE PLAT WITH THE COUNTY.
PAYMENT OF THE WATER AVAILABILITY CHARGE BE MADE TO ELK RIVER
MUNICIPAL UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY.
THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE
PLAT TO REFLECT THE DRAINAGE AND UTILITY NEEDS TO ACCOMPLISH FUTURE
DEVELOPMENT OF THE SITE. THIS ALSO INCLUDES AN EASEMENT BASED ON
THE ULTIMATE (POST DEVELOPMENT) ORDINARY HIGH WATER LEVEL OF THE
WETLAND COMPLEX TO THE SOUTH AND EAST.
STORM DRAINAGE CALCULATIONS BE PROVIDED TO THE CITY ENGINEER FOR
REVIEW AND APPROVAL PRIOR TO FINAL PLAT BEING RECORDED WITH
SHERBURNE COUNTY.
o
A COMPLETE GRADING AND DRAINAGE PLAN BE SUBMITTED AND REVIEWED
BY THE CITY ENGINEER PRIOR TO FINAL PLAT APPROVAL.
o
THE WATERMAIN BE EXTENDED THROUGH THE PLAT FROM EVANS TO 193RD
AVENUE. THIS IMPROVEMENT WILL BE A PUBLIC UTILITY; THEREFORE, PLANS
MUST BE REVIEWED BY THE CITY ENGINEER.
o
PRIOR TO COMMENCING GRADING ON SITE, A GRADING PLAN MUST BE
APPROVED BY THE CITY ENGINEER AND ALL EROSION CONTROL AND TREE
PORTECTION INI PLACE.
10. THE SIDEWALK PLAN WILL BE REVIEWED AT THE TIME OF SITE PLAN REVIEW.
Elk l~iver City Council Meeting
August 18, 1997
Page 15
11.
A REVISED CONCEPT PLAN BE SUBMII'I'ED FOR COUNCIL REVIEW AND
APPROVAL TO BE INCORPORATED INTO THE DEVELOPER'S AGREEMENT. THE
REVISED DEVELOPOMENT PLAN SHALL FOCUS ON THE RE-ORIENTATION OF
THE BUILDING ON LOT 1 TOWARDS THE CENTER OF THE SITE, ADJUSTING THE
OTHER BUILDINGS TO MAXIMIZE PRESERVING THE NATURAL FEATURES OF THE
SITE, AND INCLUDE A BUFFER AREA BETWEEN THE PARKING AREA AND THE
RESIDENTIAL HOMES TO THE EAST.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1.
COUNCILMEMBER DIETZ OPPOSED.
There was no action taken on the final plat at this time. The final plat will be
reviewed Dy the Council on August 25, 1997.
6.9.
Request by Good Value Homes for Final Plat Approval (Cherrywood Hills), Case
No. P 96-13
City Planner Steve Ach indicated that Good Value Homes has requested final
plat approval for Cherrywood Hills development to subdivide approximately 38
acres into 46 lots and 2 outlots on property located in the northwest corner of
Proctor Road and 193ru Avenue. Steve Ach reviewed the staff report on this issue.
Terry Maurer, City Engineer, reviewed the drainage issues as they pertained to the
Lois Carton property. Terry Maurer stated that any water that is generated from
this plat will ultimately flow through the culverts to Lake Orono.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-81, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR CHERRYWOOD HILLS, CASE NO. P 96-13.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.10. Beaudry Oil Co. Request for Easement Vacation, Public Hearinq Case No. EV 97-4
City Planner Steve Ach indicated that Beaudry Oil is requesting to vacate a
portion of Quinn Avenue which would allow Beaudry Oil, Co. to expand their
business into the vacated street. Steve Ach explained that Beaudry Oil, Co. has
contracted with John Weicht to pour a concrete pad and install three above
ground storage tanks of approximately 6 - 8,000 gallons each. He stated that the
concrete pad and storage tanks have been installed within the right-of-way of
Quinn Avenue. Steve Ach informed the Council that also underneath the
concrete pad is a water main, sanitary sewer, and underground electric.
Fire Chief, Bruce West, indicated that he has requested that all of the storage
tanks be drained and not utilized until Quinn Avenue is vacated and a
conditional use permit is approved to expand the bulk storage facility.
Steve Ach indicated that there is also the issue of ownership of Quinn Avenue
that must be dealt with.
Mayor Duitsman opened the public hearing.
George Adamski indicated that he owns property south of Beaudry Oil and
stated his concern regarding the ownership of Quinn Avenue and how it would
affect his property.
Elk River City Council Meeting
August 18, 1997
Page 16
Ken Beaudry stated that he would be glad to give the City easements for the
property.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ACTION ON THIS ISSUE TO
SEPTEMBER 15TM IN ORDER TO GIVE MR. BEAUDRY TIME TO RESOLVE THE OWNERSHIP
ISSUE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
6.11. City of Elk River Request for Ordinance Amendment Establishinq Maximum
Driveway Widths for Residential Driveways, Public Hearin.q Case No. OA 97-9
City Planner Steve Ach indicated that the City of Elk River is requesting to amend
the zoning code to include a maximum driveway width for residential driveways.
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 ORDIANCE 97-16, AMENDING
SECTION 900.32(2) OF THE CITY CODE OF ORDINANCES RELATING TO DRIVEWAY
WIDTHS, CASE NO. OA 97-9. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
6.12.
6.13.
6.14.
Follow-up of Development Projects
Development Status Report
Residential Lot Inventory
City Planner Steve Ach updated the Council on the above issues.
6.15. City En.aineer Projects Verbal Update
City Engineer Terry Maurer updated the Council on city projects that are currently
taking place.
7. Other Business
COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION THAT WAS MADE
PERTAINING TO ITEM 4.13 (PREMISES PERMITS) TO READ AS FOLLOWS:
THIS ITEM IS TO BE POSTPONED INDEFINITELY TO ALLOW THE CITY TIME TO RESEARCH
THIS ISSUE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The City Clerk indicated that the issue would be brought back to the City Council
within the next couple of weeks.
7.1.
Consider 1997 Annual Evaluation and Planninq System for the Waste Water
Treatment Plant
City Administrator Pat Klaers reviewed the 1997 Annual Evaluation and Planning
System (AEPS) of the WWTP. He stated that the evaluation is completed by the
Elk l~iver City Council Meeting Page 17
August 18, 1997
Minnesota Pollution Control Agency. The report indicates that the WWTP is in
compliance with the standards set by the MPCA. The City Administrator further
indicated that the WWTP expansion is not completely finished, which could
explain a couple of the higher numbers in the report. He indicated that overall,
the plant is in very good financial condition.
COUNCILMEMBER FARBER MOVED TO ACCEPT AND APPROVE THE AEPS REPORT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8. Staff Updates
None
9. Adjournment
There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE COUNCIL MEETING. COUNClLMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 10:40 P.M.
Respectfully submitted,
Sandra Thackeray
City Clerk
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