10-20-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 20, 1997
Members Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Peter
Beck, City Attorney; Paul Steinman, Director of Economic
Development; Steve Ach, City Planner; Terry Maurer, City Engineer;
Scott Harlicker, Planning Assistant; Stephen Rohlf, Building and
Zoning Administrator; Laurie Mezera-Kerr; Environmental Code
Enforcement Officer; Jeff Asfahl, Community Recreation Director;
Also Present:
Planning Commission Representative Doran Cote
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 Agenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE OCTOBER 20, 1997, CITY
COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED 5-0
3. Consider Consent Aqenda
The City Clerk informed the Council that the date of the public hearing for item
3.4 has been amended to read February 17.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3,1.
3.2.
3.3.
3.4.
3.5.
CHECK REGISTER - APPROVED
10/6/97 COUNCIL MINUTES - APPROVED
CIGARETTE LICENSE FOR APPLEBEE'S -- APPROVED
RESOLUTION 97-107 CALLING PUBLIC HEARING FOR CREATION OF TIF
DISTRICT NO. 17 - FEBRUARY 17 -- APPROVED
PAY ESTIMATES
a. PAY ESTIMATE #6 IN THE AMOUNT OF $158,692 FOR WORK
COMPLETED ON THE NORTHBOUND LIQUOR STORE - APPROVED
b. PAY ESTIMATE #13 TO M.A. MORTENSON IN THE AMOUNT OF $5,587
FOR WORK COMPLETED ON THE ICE ARENA - APPROVED
¢. FINAL PAY ESTIMATE IN THE AMOUNT OF $37,468.93 TO BAUERLY
BROTHERS, INC. FOR WORK COMPLETED ON THE 185TM PROJECT-
APPROVED
City Council Minutes
October 20, 1997
Page 2
4.1.
4.2.
4.3.
4.4.
eo
go
PAY ESTIMATE #1 TO C.W. HOULE, INC. IN THE AMOUNT OF
$73,545.32 FOR WORK COMPLETED ON THE MACON
STREET/RIVERVIEW DRIVE IMPROVEMENTS - APPROVED
PAY ESTIMATE #1 TO COLLISYS, INC. IN THE AMOUNT OF $126,118.44
FOR WORK COMPLETED ON THE HIGHWAY 169 FENCING AND
LIGHTING PROJECT - APPROVED
PAY ESTIMATE #1 TO THOMAS & SONS, INC. IN THE AMOUNT OF
$157,736.84 FOR WORK COMPLETED ON THE HIGHWAY 10/SIMONET
DRIVE TURN LANE - APPROVED
PAY ESTIMATE #1 TO THOMAS & SONS, INC. IN THE AMOUNT OF
$19,731.40 FOR WORK COMPLETED ON THE HIGHWAY 10/PROCTOR
INTERSECTION IMPROVEMENTS -. APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Utilities Commission Update
Councilmember Dietz updated the City Council on agenda items that will be
discussed at the October 21 Utilities Commission Meeting.
Community Recreation Board Update
Jeff Asfahl, Community Recreation Director, updated the Council on recent
Community Recreation activities.
Consider Ordinance Adopting Official map
City Administrator Pat Klaers informed the Council that on October 6, the City
Council adopted a resolution directing staff to prepare an ordinance which
officially maps a new street alignment between County Road 13 and 171st
Avenue.
The City Administrator distributed the ordinance for council review and City
Attorney Peter Beck read the ordinance and officially entered the ordinance into
the record.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 97-20 ADOPTING AN
OFFICIAL MAP OF PROPOSED STREETS WITHIN THE CITY OF ELK RIVER.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Enqineer Update
City Engineer Terry Maurer updated the Council on the status of various public
and private construction projects taking place in the city.
City Council Minutes
October 20, 1997
Page 3
4.5.
Environmental Update
Steve Rohlf and Laurie Mezera-Kerr presented an environmental update of
current environmental issues and projects consisting of the following:
Energy City
Recycling
Outdoor Air Quality Monitoring
Household Hazardous Waste Collections
Orono Lake Study
Code Enforcement
Old City Dump (monitoring wells)
City Hall Air Quality
4.6.
4.7.
4.8.
Consider Quotes for Demolition of the Ryding House
City Administrator Pat Klaers informed the Council that the City has completed
the purchase of the property north of the library. He indicated that the purpose
of purchasing the property is to acquire additional parking space for the library.
He indicated that the house on the property would have to be demolished to
gain the additional parking space. The City Administrator stated that the city has
received one quote for the demolition from Veit & Company in the amount of
$5,750.
COUNCILMEMBER FARBER MOVED TO CONTRACT WITH VEIT & COMPANY TO
COMPLETE THE DEMOLITION OF THE HOUSE AND GARAGE ON THE PROPERTY THE
CITY RECENTLY PURCHASED LOCATED NORTH OF THE LIBRARY. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Purchase of a Field Groomer
City Administrator Pat Klaers indicated that Street Superintendent Phil Hals has
requested authorization to purchase a 1991 Cushman 4-wheel Turf Truckster
which will be used to maintain the recreation softball fields. The cost of the
machine is $6,500.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF A 1991
CUSHMAN 4-WHEEL TURF TRUCKSTER AT $6,500 PLUS TAX WITH FUNDS TO COME
FROM EQUIPMENT RESERVES. COUNCILMEMBER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
Rivers of Hope Request for Financial Contribution
Representatives of Rivers of Hope were present to request funds from the City
Council to support the program. The River's of Hope budget was discussed. The
council indicated its concern that other cities are also contributing to the
program. Mayor Duitsman indicated that this request will be considered during
the budget discussions.
City Council Minutes
October 20, 1997
Page 4
4.9.
6.1, 6.2
County Attorney Discussion on Upcomin.q Le.qislation Re,qard nq Personal Property
Tax
Kathy Heaney, Assistant Sherburne County Attorney gave the council a brief
history of pending legislation pertaining to the elimination of personal property
tax. She stated that the County could potentially lose 37 percent of its property
tax base and the city could lose over 1/2 million dollars of its personal property tax
base under this legislation. Ms. Heaney requested the City Council and Staff to
talk to legislators and request them to retain personal property tax. She also
requested the council to consider a motion identifying that elimination of
personal property tax is not appropriate. It was the consensus of the City Council
to have Kathy Heaney present a draft resolution for council consideration.
Open Mike
No one appeared for this issue.
Request by the City of Elk River for an Amendment to the Land Use Map and
Rezonin.q, Public Hearin.q Case No. LU 97-1 and ZC 97-3
Paul Steinman, Director of Economic Development, reviewed the strategic plan
process. He indicated that the purpose of the strategic plan is to establish the
framework for economic and industrial growth of the city. He stated that eight
parcels of land totaling approximately 440 acres have been identified for
potential rezoning for industrial development.
Scott Harlicl<er, Planning Assistant, indicated that the City of Ell< River is requesting
an amendment to the land use map for certain property to change from
medium density residential to light industrial. The City is also requesting a zone
change of approximately 60 acres from single family residential to business parR.
The property is located at the north east corner of Waco Street and Mississippi
Road. Scott Harlicl<er indicated that during the planning commission's review of
this item residents brought forth issues of concern which included traffic,
compatibility with adjacent residential uses and crime. He indicated that the
Planning Commission voted 5-2 to recommend denial of the land use
amendments and rezoning to business parR.
City Planner Steve Ach indicated that the staff held a meeting for surrounding
residents to discuss the concerns of the residents. He indicated that in an
attempt to address these concerns, staff has prepared three different scenarios
for consideration regarding the future development of the property if it is rezoned
to business park. Steve Ach stated that the Planning Commission did not have
the opportunity to review these scenarios at their meeting. Following his review of
the three scenarios he indicated that staff recommends Scenario #3 which allows
for the business park to be located on the west end of the property and
residential development on the east to buffer existing residents of Sandpiper
Estates. He indicated that all scenarios route the industrial traffic to Waco Street
or Highway 10. He further stated that it is staff's opinion that Scenario 3 best
addresses the concerns of the Sandpiper Estates residents.
City Council Minutes
October 20, 1997
Page 5
Mayor Duitsman opened the public hearing.
Steve Stewart - 18290 Oqden Street - indicated his opposition to the land use and
rezoning. He stated his concerns of the possibility of manufacturing hazardous
materials in the area and the noise created from industrial uses.
Carl Blomquist - Riverview Hei.clhts, Naples Street - indicated his opposition and
stated his concerns regarding pollutants and contamination of the groundwater
from industrial development.
Jim Sutton, 18137 Oqden Street - indicated his opposition and concern that
property values will diminish. He further indicated his concern that the aquifer
could become contaminated from a hazardous spill.
Nicole Bar - Oqden Street -- indicated her opposition and concern that the
business park will be close to her back yard and that it will affect her children and
daycare business.
Tim Ebner - 17994 Union Street - indicated his opposition and stated that there are
many reasons why the property should not be rezoned; the property is
surrounded on 3 sides by residential zoning; the property is located within one
block of the Mississippi River and next to a golf course; traffic, noise, and pollution
and the effect it will have on the quality of life.
Elizabeth McMullan - Oqden Street - indicated her opposition and stated that she
is representing the kids in the neighborhood. She stated that she moved from
Bloomington to get away from pollution and noise and does not want to have to
deal with it again due to the rezoning.
Troy DeMars 14220 182Nd Avenue -indicated his opposition and questioned what
types of business would be allowed in the business park.
Jon Lavalle - 18020 Union Street - indicated his opposition and stated he enjoys
the view he currently has when he is outdoors.
Bob Saxon - 18044 Union Street - indicated his opposition and stated that the
current zoning for the area is adequate.
Bruce Lindeman. Pinewood - indicated his opposition.
Stewart Wilson - 17975 Troy Street - stated that he is the property owner. He spoke
about the concerns of the city and the neighbors. He stated that he visited
business parks in other areas that were well designed and complimented the
areas in which they are located. He indicated that a business park should be
planned to ensure orderly and aesthetic development. Stewart Wilson indicated
he did not support changing the entire parcel to business park, however he
indicated his support of scenario 3.
Jeremy Schoffield - 13038 Mississippi Road- indicated his opposition and
suggested the creation of a nature area through a cooperative venture.
City Council Minutes
October 20, 1997
Page 6
Ms. Ebner - 17994 Union ~ - indicated her opposition and stated that she has
made a major investment in her home. She indicated that she is familiar with
business parks and assured the residents that the problems they perceive are real.
Diane Dusek - 18198 Oqden St - indicated her opposition.
Natalie Gall - 15283 County Road 30 - indicated her opposition and stated her
concern of hours of business, the increased traffic, and the proximity of the
development to river.
Geor.qe Zabee - 329 Morton Street - stated that he has lived in Elk River for 30+
years and has watched the city change. He indicated that the City is in need of
an industrial tax base. He stated that he is in favor of the zone change.
There being no one else to address the issue, Mayor Duitsman closed the public
hearing.
Mayor Duitsman stated that the city is in need of industrial development. He
further stated that if the proposed property were developed residentially, the city
would realize ,$346,000 in taxes and $1.2 million in taxes if developed as business
park. He stated that the City Council must make the determination of rezoning
now in order to attract businesses and in order to provide jobs for the residents.
Mayor Duitsman indicated that the council is looking at the tax base and quality
of life issue. He further stated that this decision impacts all Elk River citizens not just
those in attendance tonight. Mayor Duitsman stated that he supports the
rezoning to business park using scenario #3.
Councilmember Farber questioned how industrial business would affect the
aquifer. Steve Rohlf, Building and Zoning Administrator indicated that he did not
feel there would be any contamination issues to the residents as the waste would
be routed to the wastewater treatment plant.
Councilmember Holmgren stated that a mistake was made in the past by not
requiring Sandpiper Estates to connect to city sewer and water. He further stated
that he felt all of the property in that area should be zoned business park.
Councilmember Holmgren indicated that Industrial land is scarce and that an
industrial tax base is a necessity. He stated that he is in favor of the zone change
to business park.
Councilmember Thompson indicated that he concurred with Councilmember
Holmgren. He further stated that Elk River is a fast growing community and that
the tax base needs to be increased through industrial development.
Councilmember Farber indicated that this will impact neighbors, however, a
business park in any location would have an impact on surrounding residents. He
stated that the city is in need of the industrial based property and indicated his
support of the zone change with scenario #3.
City Council Minutes
October 20, 1997
Page 7
Councilmember Dietz indicated that this must be done for the benefit of city. He
stated that the city must provide more industrial land and streets with sewer and
water to compete with other communities. He indicated his support of the zone
change.
COUNCILMEMBER THOMPSON MOVED TO RECESS. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The Council recessed at 8:45 p.m. Mayor Duitsman reconvened the meeting at
8:50 p.m.
MAYOR DUITSMAN MOVED TO ADOPT RESOLUTION 97-108 AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM
MR {MEDIUM DENSITY RESIDENTIAL) TO LI {LIGHT INDUSTRIAL) LU 97-1 AS DESCRIBED
IN THE NOTICE, WITH THE FOLLOWING EXCEPTION TO THE LEGAL DESCRIPTION:
That part of the Southwest Quarter of the Southeast Quarter of Section 31, Township
33, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southeast
Quarter; thence North, along the East line of said Southwest Quarter of the
Southeast Quarter to a point distant 1,320.00 feet South of the intersection of said
East line with the Southerly right-of-way line of U.S. Highway No. 10, as measured
along said East line; thence West, at right angles to said East line, a distance of
310.00 feet; thence Southwesterly to the intersection of a line drawn parallel with
and distant 1,160.00 feet West of said East line, with a line drawn parallel with and
distant 175.00 feet North of the South line of said Southwest Quarter of the
Southeast Quarter; thence South, parallel with said East line, a distance of 175.00
feet to said South line; thence East, along said South line, to the point of
beginning.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 97-21 AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE
FAMILY RESIDENTIAL) TO LI {LIGHT INDUSTRIAL) ZC 97-3 AS DESCRIBED IN THE
NOTICE, WITH THE FOLLOWING EXCEPTION TO THE LEGAL DESCRIPTION:
That part of the Southwest Quarter of the Southeast Quarter of Section 31, Township
33, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southeast
Quarter; thence North, along the East line of said Southwest Quarter of the
Southeast Quarter to a point distant 1,320.00 feet South of the intersection of said
East line with the Southerly right-of-way line of U.S. Highway No. 10, as measured
along said East line; thence West, at right angles to said East line, a distance of
310.00 feet; thence Southwesterly to the intersection of a line drawn parallel with
and distant 1,160.00 feet West of said East line, with a line drawn parallel with and
distant 175.00 feet North of the South line of said Southwest Quarter of the
Southeast Quarter; thence South, parallel with said East line, a distance of 175.00
City Council Minutes
October 20, 1997
Page 8
6.3.
feet to said South line~ thence East, along said South line, to the point of
beginning.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Metro Gravel for Conditional Use Permit, Public Hearinq, Case No. CU
97-26
Scott Harlicker indicated that Metro Gravel has requested a conditional use
permit for a second principle structure at 15683 Jarvis St. in the Ar-Mort
Commercial Park. Scott Harlicker reviewed the issues of this request as presented
in the staff report. He indicated that the Planning Commission recommended
approval.
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 CONDITIONAL USE PERMIT
REQUESTED BY METRO GRAVEL FOR A SECOND PRINCIPLE STRUCTURE AT 15683
JARVIS STREET LOCATED IN THE INDUSTRIAL PARK WITH THE FOLLOWING
CONDITIONS:
MATERIAL AND EQUIPMENT STORED OUTSIDE MUST BE KEPT WITHIN THE
ENCLOSED OUTDOOR STORAGE AREA.
THE PARKING AND DRIVE AREA SHALL BE PAVED TO THE FRONT OF THE
BUILDING AND TO THE CONCRETE FUELING AREA. THE PERIMETER OF THE
PAVED AREA SHALL INCLUDE CONCRETE CURB AND GuI"rER.
3. NO PAVEMENT OR GRAVEL SHALL BE WITHIN 10 FEET OF ANY PROPERTY LINE.
THE DUMPSTER SHALL BE KEPT WITHIN A TRASH ENCLOSURE. THE EXTERIOR
OF THE ENCLOSURE WILL MATCH THE EXISTING BUILDING AND SHOULD BE
LOCATED EITHER BEHIND THE EXISTING BUILDING OR ADJACENT TO THE
PROPOSED BUILDING.
ALL THE CONDITIONS INCLUDED AS PART OF THE CUP APPROVED ON
FEBRUARY 13, 1989 AND AMENDED SEPTEMBER 16, 1991 SHALL BE
COMPLIED WITH.
25% OF THE EXTERIOR OF THE PROPOSED STRUCTURE SHALL CONSIST OF
MATERIAL LISTED ON THE APPROVED MATERIALS LIST OUTLINED IN THE
LANDSCAPE ORDINANCE.
o
THE SCHEDULE FOR COMPLETION OF THE REQUIRED IMPROVEMENTS BE AS
FOLLOWS:
1. PAVING AND CURB AND GUTTER COMPLETED BY JULY 1, 1998
2. LANDSCAPING COMPLETED BY JULY 1, 1999
COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
October 20, 1997
Page 9
6.4.
6.5.
Request by Ronald Harrinqton for Administrative Subdivision, Public Hearinq No. AS
97-6
Scott Harlicl<er indicated that Ronald Harrington has requested an administrative
subdivision to subdivide a 5 acre parcel into two lots at the location of 19728
Ulysses Street. Scott Harlicl(er reviewed the staff report on this issue.
Mayor Duitsman opened the public hearing. There being no one for or against
this issue Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY RONALD HARRINGTON TO SUBDIVIDE 5 ACRES INTO TWO LOTS WITH
THE FOLLOWING CONDITIONS:
DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER 10 FEET
ALONG ALL PROPERTY LINES FOR BOTH PARCEL A AND PARCEL B.
PARK DEDICATION IN THE AMOUNT OF $600 FOR THE NEW LOT BEING
CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $66.83 FOR THE NEW
LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE
SUBDIVISION.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Golden Ea.qle Motorsports for Conditional Use Permit, Public Hearinq
Co. CU 97-25
Scott Harlicker indicated that Golden Eagle Motorsports has requested a
conditional use permit for a recreational vehicle repair facility at the location of
16501 Highway 10. Scott Harlicker reviewed staff report on this issue. Planning
Commissioner Doran Cote 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.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY GOLDEN EAGLE MOTORSPORTS TO OPERATE A RECREATIONAL
VEHICLE REPAIR FACILITY AT 16501 HIGHWAY 10 WITH THE FOLLOWING
CONDITIONS:
THAT THE CONDITIONS INCLUDED AS PART OF THE APPROVAL FOR THE
RECYCLING CENTER BE MET.
THE ACCESS FROM 165TH AVENUE CLOSEST TO THE HIGHWAY 10
INTERSECTION BE CLOSED AND LANDSCAPED.
City Council Minutes
October 20, 1997
Page 10
6.6.
6.7.
A LANDSCAPE PLAN THAT FULFILLS THE REQUIREMENTS OF THE LANDSCAPE
ORDINANCE BE SUBMII"I'ED FOR STAFF REVIEW AND APPROVAL.
4. NO OUTDOOR STORAGE IS ALLOWED.
THE PARKING AND TRAVEL AREA BETWEEN THE BUILDING AND 165TH BE
PAVED AND REPAIRED. A 10 FOOT LANDSCAPED SETBACK SHALL BE
MAINTAINED ALONG THE RIGHT-OF WAY FOR 165TH AVENUE.
THE APPLICANT SHALL SUBMIT A SIGN APPLICATION FOR ANY PROPOSED
WALL OR FREESTANDING SIGNS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request for Conditional Use Permit by Central Lutheran Church, Public Hearing
Case No. 97-23
Steve Ach indicated that Central Lutheran Church is requesting a conditional use
permit to construct an addition their existing church facility and to make various
parking lot improvements. Steve Ach reviewed the staff report on this issue.
Steve Ach stated that the Planning Commission recommended approval.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter Mayor Duitsman closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY CENTRAL LUTHERAN CHURCH TO CONSTRUCT AN ADDITION TO THEIR
EXISTING CHURCH FACILITY AND TO MAKE IMPROVEMENTS TO THE PARKING LOT
WITH THE FOLLOWING CONDITIONS:
CONTACT WITH ELK RIVER MUNICIPAL UTILITIES SHOULD BE MADE
REGARDING THE RELOCATION OF THE TRANSFORMER PAD.
PARKING LOT IMPROVEMENTS INCLUDE EXTENDING CURB AND Gu'ri'ER
THROUGHOUT THE REMAINING PORTIONS OF THE PARKING LOT WITH THE
EXCEPTION OF THE WESTERN-MOST EDGE ADJACENT TO THE EXISTING PINE
TREES.
3. ALL DISTURBED AREAS BE EITHER SEEDED OR SODDED.
FOUR COMPLETE SETS OF PLANS SHOULD BE SUBMII'rED FOR APPROVAL
PRIOR TO ISSUANCE OF A BUILDING PERMIT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request for Variance by Tim Smith, Public Hearinq, Case No. V 97-9
Scott Harlicker indicated that Tim Smith has requested a 3788 square foot
variance to exceed the 1200 square foot maximum accessory structure area for
the R 1 b district and to the architectural standards in the R 1 b district to construct
a metal pole building. The applicant, Tim Smith lives at 13241 Island View Drive
City Council Minutes
October 20, 1997
Page 11
and is proposing to construct a 50 x 80 foot pole building to store recreation and
construction equipment. He indicated that the applicant is proposing to
combine his two lots. Once the lots are combined his lot will be 14.24 acres in
size. Scott Harlicker indicated that the Board of Adjustments voted to deny the
variance request as it did not feel that the applicant met the five criteria needed
for a variance.
Planning Commission Representative Doran Cote indicated that although the
Board denied the variance, it appreciated Mr. Smith's situation in that he had a
lot large enough to accommodate the pole building. He further indicated that
the Board recommended that the applicant either request an ordinance
amendment to address this type of situation or a rezoning of the property to R1 a.
Mayor Duitsman opened the public hearing.
Tim Smith, property owner, indicated that because he has the amount of
acreage that he owns, he feels it is unfair to expect him to comply with the
square footage requirements for accessory buildings designed for smaller sized
lots.
Tim Smith responded to the five criteria indicating the following.
· He is being caused an undue hardship by having to store his personal items
outside.
· A house cannot be constructed where pole barn is proposed to be
constructed due to the soil quality.
· He feels his rights as property owners are being infringed upon because four
properties located within 1/2 mile of his home have pole barns.
· He stated that this is not a consequences of his own action because the City
changed the zoning two years ago and he was unaware that this took place.
· He stated that only five neighbors will be able to see the barn. He feels his
situation is unique and the neighbors do not object.
· The soil is only good for farming and he does intend to farm the property.
· The restrictions are unfair for large acreage property owners. The issue needs
to be addressed as this will affect others.
Steve Ach stated that the Board of Adjustments has recognized these concerns
and the Planning Commission will be requesting the Council to consider an
ordinance amendment in the future. He further indicated that agenda item 6.16
deals with this issue. The Council stated its desire to address Item 6.16. at this time.
COUNCILMEMBER HOLMGREN MOVED TO INITIATE AN ORDINANCE AMENDMENT
THAT WILL BASE THE SQUARE FOOTAGE ALLOWED FOR ACCESSORY STRUCTURES FOR
LOTS LOCATED WITHIN THE URBAN SERVICE AREA, ON THE SIZE OF THE LOT ON
WHICH THE STRUCTURE WILL BE LOCATED. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE SMITH VARIANCE ISSUE
UNTIL OCTOBER 27, 1997, TO ALLOW THE PLANNING COMMISSION TIME TO
City Council Minutes
October 20, 1997
Page 12
6.8.
6.9.
INFORMALLY REVIEW THE ISSUE. COUNCILMEMBER THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Request for Variance by John Paul, Public Hearinq, Case No. V 97-15
Steve Ach indicated that this situation is identical to the Tim Smith variance. He
suggested that the Council treat this in a similar fashion.
Mayor Duitsman opened the public hearing.
COUNClLMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL OCTOBER 27,
1997, TO ALLOW THE PLANNING COMMISSION TIME TO INFORMALLY REVIEW THE
ISSUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Request for Conditional Use Permit by Quest 2000, Inc. dba Culvers, Public
Hearin.q CU 97-22
Steve Ach indicated that Culvers Restaurant is requesting a conditional use
permit and site plan to construct a Class II restaurant in the Hillside Crossing Two
Planned Unit Development. Steve Ach reviewed the staff report on this issue and
indicated that Planning Commission and staff are recommending approval with
eight conditions.
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 CULVERS RESTAURANT FOR A CLASS II RESTAURANT IN THE HILLSIDE
CROSSING TWO PLANNED UNIT DEVELOPMENT LOCATED AT EVANS STREET AND 195TM
AVENUE ALIGNMENT WITH THE FOLLOWING CONDITIONS:
THE MONUMENT STYLE SIGN MAY BE ELEVATED WITH THE USE OF A BERM IF
THE BERM IS EXPANDED IN SIZE AND MADE PART OF THE OVERALL
LANDSCAPING. THIS WILL BE REVIEWED BY STAFF ALONG WITH THE REVISED
PLANS.
LANDSCAPING BE DISTRIBUTED THROUGHOUT THE SITE AND ADDITIONAL
PLANTINGS BE PROVIDED AT THE ENTRANCE OFF EVANS, AS WELL AS THE
TRAFFIC CONTROL/LANDSCAPED ISLAND NEAREST THE ENTRANCE DRIVE
AND WITHIN THE PARKING AREAS.
A FIVE FOOT SIDEWALK BE PROVIDED FROM EVANS STREET TO CONNECT
WITH THE SIDEWALK IN FRONT OF THE RESTAURANT.
TRASH ENCLOSURE BE CONSTRUCTED OF A MASONRY MATERIAL TO MATCH
THE BUILDING.
o
THE DRAINAGE AND GRADING PLAN BE APPROVED BY THE CITY ENGINEER
AND INCORPORATE THE COMMENTS OUTLINED IN THE CITY ENGINEER'S
MEMO DATED SEPTEMBER 25, 1997.
City Council Minutes
October 20, 1997
Page 13
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THE DOUBLE ROW OF PARKING ALONG THE SOUTH EDGE OF THE CULVERS
SITE SHALL HAVE A PARKING STALL DIMENSION OF 9' x 20'.
FOUR SETS OF REVISED PLANS INCORPORATING THE CONDITIONS OF THIS
APPROVAL BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
THE PRELIMINARY AND FINAL PLAT BE APPROVED AND RECORDED PRIOR TO
BEGINNING CONSTRUCTION ON SITE.
6.10.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Phoenix Enterprises for Preliminary and Final Plat Approval (Hillside
Crossin.q Five) Public Hearinq No. 97-14
Steve Ach indicated that Phoenix Enterprises is requesting preliminary and final
plat approval to subdivide approximately 7 acres into 2 commercial lots; one .8
acre lot and one 7.2 acre lot. The property is located immediately south of
Menards along the east side of Evans 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 Duitsrnan closed the public hearing
COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT OF HILLSIDE
CROSSING FIVE P 97-14, REQUESTED BY PHOENIX ENTERPRISES WITH THE FOLLOWING
CONDITIONS:
THE APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT TO COVER ANY
EXISTING OR PROPOSED UTILITIES.
THE PROPOSED DIMENSIONS ON LOT 1 COINCIDE WITH THE APPROVED SITE
PLAN FOR THE PROPOSED CULVERS RESTAURANT.
ANY AREAS DISTURBED AS A RESULT OF THE CONSTRUCTION ON LOT 1 BE
SODDED/SEEDED AND EROSION CONTROL BE INSTALLED.
PARK DEDICATION BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT. THIS PAYMENT MUST BE MADE PRIOR TO RELEASING THE
PLAT FOR RECORDING.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
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A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID
TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR
RECORDING.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
October 20, 1997
Page 14
COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-109 GRANTING FINAL
PLAT APPROVAL FOR HILLSIDE CROSSING FIVE - CASE NO. 97-14. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED $-0.
6.11.
Request by Phoenix Enterprises for Preliminary and Final Plat Approval {Hillside
CrossJnq Four), Public Hearin.q No. P 97-13
Steve Ach indicated that Phoenix Enterprises is requesting preliminary and final
plat approval to subdivide approximately 3.8 acres into two commercial lots at
the location of the southeast corner of 197th Avenue and Evans 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
COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT OF HILLSIDE
CROSSING FOUR P 97-13, TO SUBDIVIDE APPROXIMATELY 3.8 ACRES INTO TWO
COMMERCIAL LOTS AT THE SOUTHEAST CORNER OF 197m AVENUE AND EVANS
STREET AS REQUESTED BY PHOENIX ENTERPRISES WITH THE FOLLOWING CONDITIONS:
A 50' NO-CUT STRIP BE INCLUDED ON LOT 1 AND INCORPORATED AS PART
OF THE DEVELOPMENT OF LOT 1. THE NO-CUT STRIP SHOULD BE INCLUDED AS
A DEED RESTRICTION OR COVENANT ON LOT 1.
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A SEALCOATING FEE APPLIED TO 196TM AVENUE IN THE AMOUNT OF $750 BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE
NECESSARY IMPROVEMENTS.
196TM AVENUE BE CONSTRUCTED FROM EVANS STREET TO THE EASTERN LIMITS
OF THE MENARDS SITE. THE STREET SHALL ALSO INCLUDE A SIDEWALK ALONG
THE NORTH SIDE OF 196TM AVENUE.
ADDITIONAL EASEMENTS SHOULD BE IDENTIFIED ON THE PLAT TO
ACCOMMODATE FUTURE HYDRANT LOCATIONS.
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LOTS 1 AND 2 SHOULD BE GRADED ACCORDING TO THE APPROVED
GRADING PLAN. SOME TOPSOIL AND SEED SHALL BE ESTABLISHED TO
PREVENT EROSION.
A 50' TRAIL EASEMENT BE GRANTED ALONG THE NORTH LIMITS OF LOT 1
CONSISTENT WITH THE 50' NO-CUT ZONE.
City Council Minutes
October 20, 1997
Page 15
10.
DEPENDING UPON THE TYPE OF DEVELOPMENT THAT OCCURS ON LOT 1,
ACCESS MAY BE RESTRICTED FROM EVANS STREET AND LIMITED TO 196TM
AVENUE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-110, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR HILLSIDE CROSSING FOURTH ADDITION P 97-
16. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED
5-0.
6.12.
Request for Final Plat Approval of Country Crossinq 4th Addition by Country Ridqe,
Inc.
Steve Ach stated that Country Ridge, Inc. is requesting final plat approval of
Country Crossing 4th Addition. He indicated that Country Crossing 4th Addition
consists of 24 single family lots that will front onto Macon Street and Riverview
Drive. The plat is located at the southwest corner of County Road 30 and Joplin
Street. Steve Ach reviewed the staff report on this issue.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-111 GRANTING FINAL
PLAT APPROVAL FOR COUNTRY CROSSING FOURTH ADDITION P 97-16.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.13. Consider Comprehensive Plan Amendment to Adjust the Urban Service Boundary,
Public Hearinq Case No. OA 97-10
Steve Ach indicated that the City is requesting a comprehensive plan
amendment to adjust the urban service boundary in the eastern part of Elk River.
He explained that the specific area under consideration is bordered by County
Road No. 12 on the north, Tyler Street alignment on the west, 175th Avenue on the
south and Fillmore Street on the east. He explained that under the current zoning
the property could be developed without city services into lots with 2 '/~ acre
minimum lot sizes. Steve Ach stated that the property is located adjacent to the
existing urban service boundary and consists of a majority of large undeveloped
tracts of land.
Steve Ach stated that concerns of affected residents were brought forth at the
Planning Commission Meeting. These concerns consisted of future assessments,
timing of having utilities to serve the area and the feasibility to further subdivide
some of the smaller tracts of land in the northwest corner if utilities were ever
extended into this area.
Steve Ach indicated that the Planning Commission and staff are recommending
approval of the comprehensive plan amendment. He further indicated that in
order to address the concerns of the residents, Planning Commission and staff are
recommending that utilities not be extended for ten years from the date of
council action.
City Council Minutes
OctoDer 20, 1997
Page 16
6.14.
Mayor Duitsman opened the public hearing.
Emma Holzem, affected property owner consisting of an 80 acre farm, requested
the council to include the 10 year timeframe to allow her family the opportunity
to continue farming the land and to plan for the future.
There being no one else for or against the matter, Mayor Duitsman closed the
public hearing.
Steve Ach reminded the Council or developer could request an amendment to
the ten year timeframe.
COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE COMPREHENSIVE PLAN
AMENDMENT TO ADJUST THE URBAN SERVICE BOUNDARY BY INCLUDING THE AREA
DESCRIBED IN THIS REPORT WITHIN THE URBAN SERVICE BOUNDARY WITH THE
FOLLOWING CONDITIONS:
UTILITIES SHALL NOT BE EXTENDED INTO THIS AREA ANY SOONER THAN 10
YEARS FROM THE DATE OF COUNCIL APPROVAL.
FUTURE CITY COUNCILS CONTINUE THE SAME POLICY FOR RELIEF FOR
CURRENT RESIDENTS FROM POSSIBLE ASSESSMENTS ASSOCIATED WITH A
UTILITY EXTENSION.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request for Conditional Use Permit by Beaudry Oil Co./John Weicht & Associates,
Public Hearinq, No. CU 97-24
Steve Ach indicated that Beaudry Oil is requesting a conditional use permit to
expand a gas station/convenience store at the southwest corner of Highway 10
and Lowell Street. Steve Ach reviewed the staff report on this issue. He indicated
that the Planning Commission has recommended approval of the conditional use
permit.
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 CONDITIONAL USE PERMIT
TO MAKE BUILDING AND SITE IMPROVEMENTS TO AN EXISTING BUSINESS AT 355
LOWELL STREET AS REQUESTED BY BEAUDRY OIL COMPANY WITH THE FOLLOWING
CONDITIONS:
FOUR COMPLETE SETS OF PLANS BE SUBMITTED TO STAFF FOR REVIEW AND
APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.
CURB, GUI'I'ER AND LANDSCAPE IMPROVEMENTS AS NEGOTIATED WITH STAFF
BE INCORPORATED INTO ANY PLANS FOR SITE IMPROVEMENTS.
City Council Minutes
October 20, 1997
Page 17
6.15.
6.16.
MN/DOT MUST APPROVE ANY SITE PLANS INVOLVING WORK WITHIN THE
HIGHWAY 10 RIGHT OF WAY.
4. REQUIRED PARKING BE PROVIDED THROUGH AGREEMENT WITH CRETEX.
A TRASH ENCLOSURE BE PROVIDED AND BE CONSTRUCTED OF MATERIALS TO
MATCH THE BUILDING.
HANDICAP RAMP TO STORE NOT BE STRIPED THROUGH OR WITHIN
DESIGNATED DRIVE AISLES FOR VEHICLES.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Easement Vacation Request by Beaudry Oil No. EV 97-4
Steve Ach indicated that he and Fire Chief Bruce West met with Ken Beaudry to
discuss his easement vacation request. He indicated that following this
discussion, it was the decision of the applicant to withdraw his request to vacate
a portion of Quinn Avenue.
Consider Initiatinq Ordinance Amendment for Accessory Structures Within the
Urban Service District
Steve Ach stated that this issue affects the two variances that were requested
under items 6.7 and 6.8 of this agenda. He indicated that the council moved to
table those issues for one week. Mayor Duitsman indicated he would like to hear
an informal recommendation from the planning commission prior to making a
decision on the variances.
Steve Ach indicated that the Council moved to initiate this ordinance
amendment under item 6.7.
COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION PREVIOUSLY
ADOPTED UNDER ITEM 6.7, (TIM SMITH VARIANCE) TO READ THAT THE VARIANCE BE
CONTINUED FOR TWO WEEKS TO (NOVEMBER 3). COUNCILMEMBER THOMPSON
SECONDED THE AMENDMENT. THE MOTION CARRIED. 5-0.
COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION PREVIOUSLY
ADOPTED UNDER ITEM 6.8, (JOHN PAUL VARIANCE) TO READ THAT THE VARIANCE BE
CONTINUED FOR TWO WEEKS TO (NOVEMBER 3). COUNCILMEMBER THOMPSON
SECONDED THE AMENDMENT. THE MOTION CARRIED. 5-0.
Other Business
Terry Maurer distributed information regarding a cooperative agreement with the
City and Mn/DOT for the westerly extension of Business Center Drive.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-112 REQUESTING
MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE
AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10 FRONTAGE ROADS.
COUNCILMEMBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
October 20, 1997
Page 18
8. Staff Updates
Councilmember Dietz questioned drainage issues in Heritage Landing. If was the
consensus of the council to have staff review the issues and repod fo council at a
Eater date.
City Administrator Pat Klaers indicated that the Street Superintendent is
requesting authorization to advertise for the replacement of a Maintenance
Worker. He indicated that employee Amy Borst will be terminating her
employment with the city.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR A
MAINTENANCE I WORKER, LEVEL A POSITION AT A STARTING WAGE OF $9.16 PER
HOUR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
City Administrator Pat Klaers indicated that he previously received a letter from
Kris and Margaret Ostman regarding their property located at 175th and Tyler. He
reviewed the letter with the Council and stated that Mr. Ostman is requesting a
council response to his letter. The Council indicated that the city is not interested
in purchasing the Ostman property as the road is not infringing on his property.
The Council suggested that If he has a concern about devaluation of his
property, that he make an appearance before the Board of Adjustments.
10. 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 was adjourned at 10:25 P.M.
Respectfully submitted,
Sandra Thackeray
City Clerk