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09-15-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 15, 1997 Members Present: Members Absent: Staff Present: Also Present: Vice Mayor Dietz, Councilmembers Farber, Holmgren and Thompson Mayor Duitsman Assistant City Administrator Lori Johnson; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Steve Ach, City Planner; Jeff Asfahl, Park and Recreation Director Tom Mesich, Planning Commission Representative Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River was called to order at 6:00 p.m. by Vice Mayor Dietz. Consider September 15, 1997 A.qenda The following amendments were made to the Council agenda: 3.10. Amended as follows: Beaudry Oil Easement Vacation; postponed to 9-22 3.19. Added to a.clenda Items e, f, and g (pay estimates added) COUNClLMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent A.qenda COUNClLMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2a. 3.2b 3.3. 3.4, 3,5, 3.6. CHECK REGISTER - APPROVED 9/8/97 CITY COUNCIL MINUTES - APPROVED 9/9/97 CITY COUNCIL MINUTES - APPROVED CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT REGARDING MULTI-FAMILY RESIDENTIAL IN C-2 ZONING DISTRICTS, PUBLIC HEARING CASE NO OA 97-11 -- POSTPONED TO 11/17/97 CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT REGARDING THE BUSINESS PARK ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 97-12 -- POSTPONED TO 11/17/97 GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HR & CITY COUNCIL), PUBLIC HEARING, CASE NO. LU 97-2 -- POSTPONED TO 11/17/97 GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-20 -- POSTPONED TO 11/17/97 City Council Minutes September 15, 1997 Page 2 3o7, 3.9. 3.10. 3.11. 3.12. 3.13. 3.14. 3.15. 3.16. 3.17. 3.18. 3.19a. 3.19b. 3.19c. 3.19d. 3.19e. 3.19f. 3.19g. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO CU 97-20 -- POSTPONED TO 11/17/97 GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL (ORONO SHORES) PUBLIC HEARING, CASE NO P 97-12 -- POSTPONED TO 11/17/97 TIM SMITH REQUEST FOR VARIANCE, PUBLIC HEARING, CASE NO. V97-9 -- POSTPONED TO 10/20/97 BEAUDRY OIL CO. REQUEST FOR EASEMENT VACATION, PUBLIC HEARING, CASE NO. EV 97-4 -- POSTPONED TO 9/22/97 CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (AREA #1), PUBLIC HEARING CASE NO. LU 97-1 -- POSTPONED TO 10/20/97 CITY OF ELK RIVER REQUEST FOR ZONE CHANGE (AREA #1), PUBLIC HEARING CASE NO. ZC 97-3 -- POSTPONED TO 10/20/97 lSD #728 REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-6 - - POSTPONED TO 9/22/97 lSD #728 REQUEST FOR LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE NO. LU 97-5 -- POSTPONED TO 9/22/97 lSD #728 REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-26 -- POSTPONED TO 9/22/97 CONSIDER RESOLUTION 97-95 MODIFYING RESOLUTION NO. 87-63 RELATING TO INCREASE IN PAY FOR THE EDA -- APPROVED RESOLUTION 97-96 AUTHORIZING EXECUTION OF SUB GRANT AGREEMENT FOR FEDERAL DISASTER ASSISTANCE -- APPROVED RESOLUTION 97-97 AUTHORIZING EXECUTION OF AGREEMENT FOR THE 1997 OMNIBUS CRIME BILL GRANT -- APPROVED PAY ESTIMATE #5 IN THE AMOUNT OF $266,406 FOR WORK COMPLETED ON THE NORTHBOUND LIQUOR STORE PROJECT -- APPROVED PAY ESTIMATE #7 TO BAUERLY BROTHERS, INC. IN THE AMOUNT OF $28,357.98 FOR WORK COMPLETED ON THE 185TM AVENUE PROJECT -- APPROVED. PAY ESTIMATE #5 TO R.L. LARSON EXCAVATING, INC. IN THE AMOUNT OF $54,912.19 FOR WORK COMPLETED ON THE ORONO LAKE THIRD, JOPLIN STREET AND LOWELL AVENUE PROJECT -- APPROVED PAY ESTIMATE #17 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $73,395.00 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION -- APPROVED PAY ESTIMATE #18 TO GRIDOR CONSTRUCTION IN THE AMOUNT OF $60,000 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION -- APPROVED PAY ESTIMATE #6 TO W.B. MILLER IN THE AMOUNT OF $23,595.95 FOR WORK COMPLETED ON THE 171~t AVENUE IMPROVEMENTS -- APPROVED PAY ESTIMATE #1 TO C.W. HOULE, INC. IN THE AMOUNT OF $130,720.02 FOR WORK COMPLETED ON THE MACON STREET/RIVERVIEW DRIVE IMPROVEMENTS -- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Community Recreation Board Update Jeff Asfahl indicated that Community Recreation is working in a partnership with Nordic Ski Club to promote a cross country Nordic ski race. He indicated that this joint venture will promote cross country skiing and the use of the Elk River City Council Minutes September 15, 1997 Page 3 Woodland Trails Park. Jim Eggen, representative of Nordic Ski Club, was present and indicated that the proceeds will go toward improvements to Woodland Trails park. Jeff Asfahl indicated that the Park and Recreation Commission has unanimously endorsed this joint venture. Jeff Asfahl updated the Council on the Youth Initiatives process. Councilmember Farber indicated that roller blades and skateboards are sometimes a mode of transportation for youth and stated that businesses should be made aware of this. Vice Mayor Dietz questioned Otsego's status regarding recreation program. Jeff Asfahl indicated that Otsego staff brought its concerns to the Recreation Board. 4.2. Utilities Commission Update Councilmember Dietz reviewed issues that were discussed at the September 9, 1997, Utilities Commission meeting. 4.3. Consider Hirin.q a Buildin.q/Housin.q Inspector Assistant City Administrator Lori Johnson indicated that 5 candidates were interviewed to fill the Building/Housing Inspector position. She indicated that it is staff's recommendation that the Council hire Jay Carlson for this position. COUNCILMEMBER FARBER MOVED TO HIRE JAY CARLSON AS BUILDING/HOUSING INSPECTOR AT STEP J, PAY GRADE 13, $18.60 PER HOUR BEGINNING OCTOBER 1, 1997. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0 5. Open Mike No one appeared for Open Mike. 6,1. Request by Daniel and Kris Lof.qren for Drainaqe Easement Vacation, Public Hearin.q Case No. EV 97-5 Steve Ach indicated that Daniel and Kris Lofgren have requested a drainage easement vacation for property located at 19631 Lowell Street. The easement vacation is necessary to allow the construction of a 26' x 28' addition to their house. Steve Ach stated that no drainage problems are anticipated as a result of this easement vacation. Vice Mayor Dietz opened the public hearing. There being no one for or against the matter, Vice Mayor Dietz closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-98 FOR VACATING EASEMENTS - CASE NO. EV 97-5. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes September 15, 1997 Page 4 6.2. 6.3. Request by Larry Morrell for Easement Vacation, Public Hearincl Case No. EV 97-6 Steve Ach stated that Larry Morrell has requested an easement vacation to vacate a cartway easement along the south side of 171st Avenue. Vacating the easement will allow Mr. Morrell to place a parking lot in the area according to his development plans. Vice Mayor Dietz opened the public hearing. There being no one for or against the matter, Vice Mayor Dietz closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-99 FOR VACATING EASEMENTS - CASE NO. EV 97-6. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request for Variance by Gre.q Peterson, Public Hearinq Case No. V 97-6 Steve Ach indicated that Greg Peterson requested a variance to the maximum area for accessory buildings at 14270 191st Avenue. Mr. Peterson is proposing to construct a 30 foot by 40 foot detached garage. The existing garage and proposed detached garage will exceed the 1200 square foot maximum allowed for accessory building area by 768 square feet. Tom Mesich, Planning Commission Representative indicated that the Board of Adjustments denied the application based on the findings that he was not suffering an undue hardship and because the request does not meet the legal reasons for a variance. Vice Mayor Dietz opened the public hearing. Greg Peterson indicated that the proposed structure will look similar to his existing home. He explained that he needs the space for hobbies and storage to clean up his yard. He stated he would like to use the extra space to store some of his woodworking equipment so he can do some cabinet making at home. He further indicated he has a four wheeler he would like to store inside. There being no further comments, Vice Mayor Dietz closed the public hearing. Counciimember Farber indicated he is familiar with the area and does not feel the structure would be a problem to the neighbors. Mr. Peterson indicated that he has received permission from all of his neighbors. Councilmember Thompson indicated that because he has signatures from his neighbors, and because he is quite secluded, he sees no reason to deny the variance. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE VARIANCE TO THE MAXIMUM AREA FOR ACCESSORY BUILDINGS AS REQUESTED BY GREG PETERSON BASED ON THE FOLLOWING FINDINGS: City Council Minutes September 15, 1997 Page 5 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE ADDITIONAL SPACE FOR STORAGE AND TO USE FOR HIS HOBBIES. BECAUSE HIS HOBBIES INCLUDE TRAPPING AND TAXIDERMY, IT IS DESIRABLE TO HAVE A HEATED SPACE SEPARATE FROM THE HOUSE. 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. BECAUSE OF THE SIZE OF THE LOT A 40, × 30' GARAGE WOULD NOT BE OUT OF PLACE. THE 1200 SQUARE FOOT MAXIMUM WAS ESTABLISHED WITH SMALLER SIZE LOT IN MIND. 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. THERE IS ONE OTHER PROPERTY ON THE CUL-DE-SAC THAT HAS A DETACHED GARAGE SIMILAR TO THE ONE BEING PROPOSED BY THE APPLICANT. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 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. THE GARAGE WILL BE SCREENED WITH THE EXISTING WOODS AND THE ADJACENT PROPERTY OWNERS AND NEIGHBORS HAVE SIGNED A PETITION IN SUPPORT OF THE GRANTING OF THE VARIANCE. AND WITH THE FOLLOWING CONDITIONS: THAT THE PROPOSED GARAGE NOT BE CONSTRUCTED WITH A METAL EXTERIOR. 2. THAT THE BUILDING BE INSPECTED BY THE FIRE CHIEF UPON COMPLETION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNCILMEMBER DIETZ VOTED AGAINST THE MOTION AS HE AGREES WITH THE BOARD OF ADJUSTMENTS. 6.4. Consider if Purchase of Property has a Relationship to the Comprehensive Plan Steve Ach indicated that Council is asked to consider whether the purchase of additional property to expand the parking lot for the library has an impact on the Comprehensive Plan. He stated that staff feels that the purchase of this property has no direct relationship on the comprehensive plan. COUNCILMEMBER FARBER MOVED THAT THE PURCHASE OF THE PROPERTY TO EXPAND THE LIBRARY'S PARKING LOT HAS NO RELATIONSHIP TO THE COMPREHENSIVE PLAN. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes September 15, 1997 Page 6 6.5. City En.qineer Update City Engineer Terry Maurer updated the Council on the following projects: Upland Avenue/Highway 10 Fencing/Highway 169 Simonet Drive Highway 10 and Proctor Macon and Riverview - paved by end of week Miscellaneous updates on development projects Closing of 193rd Avenue to vehicle traffic 7. Other Business 7.1. 1997 Fall Homecomin.q Parade The City Clerk informed the Council that they have been invited to ride in the 1997 Fall Homecoming parade. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, COUNClLMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council was adjourned at 7:15 p.m. Respectfully submitted, ,.../ I S'c~ ndra Thackeray City Clerk \\elkriver\sys\shrdoc~ninutes\co091597 .doc