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04-20-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 20, 1998 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; Terry Maurer, City Engineer; Steve Ach, City Planner; Rich Czech, Ice Arena Manager; Scott Harlicker, Planning Assistant; Jeff Asfahl, Community Recreation Director; Steve Rohlf, Building and Zoning Administrator Also Present: Doran Cote, Planning Commission Representative 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider A.qenda Item 4.8., Landfill Update, was added to the Council agenda. COUNClLMEMBER FARBER MOVED TO APPROVE THE 4/20/98 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.S. 3.7, CHECK REGISTER - APPROVED APRIL 13, 1998, CITY COUNCIL MINUTES- APPROVED REQUEST BY CITY OF ELK RIVER FOR CONDITIONAL USE PERMIT TO EXPAND THE LIBRARY PARKING LOT, CASE NO. CU 98-7- POSTPONED TO MAY 18, 1998 REQUEST BY BLEEKERS NURSERY FOR A GENERAL PLANNING PERMIT FOR A TEMPORARY GREENHOUSE/GARDEN CENTER TO BE LOCATED IN THE MENARDS PARKING LOT, CASE NO. GP 98-5- APPROVED TEMPORARY ON SALE LIQUOR LICENSE FOR AUGUST 9, 1998, FOR THE CHURCH OF ST. ANDREW - APPROVED TEMPORARY ON SALE BEER LICENSE REQUESTED BY THE CHAMBER OF COMMERCE FOR THE FOURTH OF JULY CELEBRATION ON JULY 3 AND 4 AT ORONO PARK - APPROVED REQUEST FOR CONSUMPTION AND DISPLAY PERMIT BY WAPITI PARK CAMPGROUND - APPROVED Elk River City Council Minutes April 20, 1998 Page 2 3,8. EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE CHURCH OF ST. ANDREW - APPROVED APPEAL OF A ZONING DETERMINATION BY CARGILL, INC. TO REQUEST A BUILDING PERMIT FOR A NEW CONSTRUCTION OF A RESEARCH FACILITY WITHIN THE URBAN SERVICE DISTRICT PRIOR TO THE AVAILABILITY OF SEWER AND WATER, CASE NO. GP 98-1 - POSTPONED TO MAY 18, 1998 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 4.1. Consider Request for Premises Permit from Elks Quarterback Club COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 98-38 APPROVING A PREMISES PERMIT FOR THE ELKS QUARTERBACK CLUB FOR TIME OUT SPORTS BAR AND RESTAURANT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED S-0. 4.2. Update on Municipal Utilities Commission Meetinq Councilmember Dietz updated the City Council on issues that were discussed at the April 14, 1998, Utilities Commission meeting. 4.3. Update on Boys and Girls Club Councilmember Thompson informed the City Council that the Board of Directors has begun its fundraising campaign to raise capital for the Boys and Girls Club. 4.4. Update on Community Recreation Community Recreation Director Jeff Asfahl updated the City Council on recent Community Recreation activities. 4.5. Consider Ice Arena Dehumidification Feasibility Study City Administrator Pat Klaers reviewed the Ice Arena Dehumidification Feasibility Study and indicated that the Ice Arena Commission recommended approval of the study. Pat Klaers explained that the total cost for the dehumidification and building heat will be approximately $96,000. COUNCILMEMBER FARBER MOVED TO ACCEPT THE FEASIBILITY STUDY FOR DEHUMIDIFICATION OF THE ICE ARENA AND TO HIRE NELSON-RUDIE & ASSOCIATES ENGINEERS FOR THE PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRRIED S-0. 4.6. Discuss Sherburne County Proposed Moratorium on Feed Lots and Residential Subdivisions in Rural Portions of the County The City Administrator indicated that Arne Engstrom, county board member, has requested that the City Council review and discuss the county proposed moratorium on feed lots and residential subdivisions in rural portions of the county. He indicated that Commissioner Engstrom also requested the Council Elk River City Council Minutes April 20, 1998 Page 3 to adopt a motion in suppod of the county's proposal. Discussion was held by the Council regarding whether or not this would impact the City of Elk River. COUNCILMEMBER HOLMGREN MOVED TO SUPPORT THE COUNTY PROPOSED MORATORIUM ON FEED LOTS AND RESIDENTIAL SUBDIVISIONS IN RURAL PORTIONS OF THE COUNTY. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION FAILED 2-2-1. Councilmembers Farber and Thompson opposed. Councilmember Dietz abstained. 4.7, Consider Resolution Receivinq Feasibility Study and Orderin.q a Public Hearinq for Guardian An.qels and Lake Orono Development City Engineer Terry Maurer reviewed the feasibility study for the Guardian Angels Orono Lake development. He indicated that the feasibility was based on a petition received from the Guardian Angels of Elk River requesting sanitary sewer and water improvements. He indicated that the resolution which the Council would be approving orders the public hearing to be held on May 18, 1998. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-39 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE ORONO LAKE DEVELOPMENT IMPROVEMENT OF 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED $- 0. 4.8. Landfill Update Building and Zoning Administrator Steve Rohlf informed the City Council that he met with the hydrologist in relation to the Landfill Plan and indicated that there are issues that the City Council should be made aware of. Some of the items reviewed with the Council included contamination issues. Steve distributed and reviewed a memo on landfill issues. 5. Open Mike No one appeared for this item. 6.1. City of Elk River/Area Recreation Request for Conditional Use Permit, Public Hearin.q Case No. CU 98-3 City Planner Steve Ach indicated that the city will no longer be pursuing a conditional use permit at the location of the former Prairie House Restaurant. COUNCILMEMBER HOLMGREN MOVED TO WITHDRAW THE APPLICATION FOR A CONDITIONAL USE PERMIT, CASE NO. CU 98-3. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Royal Oaks Realty for Final Plat Approval, Riverplace, Case No. P 97- City Planner Steve Ach indicated that Royal Oaks Realty is requesting final plat approval for Riverplace. He stated that the plat consists of 59 single family lots, Elk River City Council Minutes April 20, 1998 Page 4 one outlot, and a 1.8 acre park. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-40 GRANTING FINAL PLAT APPROVAL FOR RIVERPLACE, CASE NO. P 97-15. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Guardian An.qels for Final Plat Approval, Orono Shores, Case No. P 97-12 City Planner Steve Ach indicated that Guardian Angels of Elk River is requesting final plat approval for Orono Shores. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-41 GRANTING FINAL PLAT APPROVAL FOR ORONO SHORES, CASE NO. P 97-12. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by City of Elk River for Conditional Use Permit - Lake Orono Improvement Project - Public Hearinq Case No. CU 98-6 Building and Zoning Administrator Steve Rohlf indicated that the City of Elk River is requesting a conditional use permit fo excavate approximately 115,000 cubic yards of sediment from Lake Orono and dispose of it on sites adjacent to the lake. Steve Rohlf reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Mike Boelter, 13897 Highway 10, stated that the people who are being assessed for this pro]eot are in essence paying twice because the City of Elk River is also paying a portion of the project which comes from money from taxpayers. Mr.. Boelter suggested using a method of charging swimmers and boaters who use Lake Orono to recoup some of the funds for the project. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CONDITIONAL USE PERMIT TO EXCAVATE SEDIMENT FROM LAKE ORONO WITH THE FOLLOWING CONDITIONS: THAT ARCHAELOGICAL ISSUES ARE RESOLVED ON THE LAKE ORONO CEMETERY AND ISLAND VIEW DISPOSAL SITES. THE CITY'S APPROVAL IS CONTINGENT ON THE ISSUANCE OF THE FOLLOWING PERMITS: PROTECTED WATERS PERMIT BY DNR; WATER APPROPRIATION PERMIT BY DNR; INDIVIDUAL USACE PERMIT; WATER QUALITY CERTIFICATION (401 N) BY MPCA; STATE DISPOSAL SYSTEM PERMIT BY MPCA; NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM BY MPCA. o THE WETLANDS ARE DEIINIATED ON THE DISPOSAL SITES AND NONE ARE EFFECTED BY THE PROJECT. Elk River City Council Minutes April 20, 1998 Page 5 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-42 INDICATING THAT AN ENVIRONMENTAL IMPACT STATEMENT (ELS) IS NOT NECESSSARY FOR THE LAKE ORONO SEDIMENTATION PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by CAMAS Minnesota, Inc. for Conditional Use Permit for Mineral Excavation, Public Hearinq Case No. CU 98-$ Building and Zoning Administrator Steve Rohlf indicated that CAMAS Minnesota, Inc. (Shiely Company) is requesting a conditional use permit for mineral excavation to mine sand and gravel from a 5.85 acre site in Section 10, Township 33, Range 26, Sherburne County, Minnesota. 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. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY CAMAS MINNESOTA FOR MINERAL EXCAVATION WITH THE FOLLOWING STIPULATIONS: THAT THE WETLANDS ON THE PROPERTY ARE DELINIATED AND REVIEWED BY CITY STAFF PRIOR TO MINING OPERATIONS COMMENCING. THAT CUTTING TREES IN 1998 CAN TAKE PLACE AFTER THE APRIL 15 DEADLINE UNDER THE DIRECTION OF CITY STAFF. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 6.6. Request by Livin.q Waters Church for Conditional Use Permit for Ministry Center, Public Hearin.q Case No. CU 98-4 Planning Assistant Scott Harlicker indicated that Living Waters Church is requesting a conditional use permit to allow them to utilize space in the Elk River Plaza as an evangelical meeting center. Scott explained that the applicant is currently using a portion of Elk River Plaza as a temporary home for their ministry center. He indicated that they are'proposing to extend their use of this site on a month to month basis until they can find a permanent location for the church. Scott Harlicker indicated that the Planning Commission reviewed this issue and recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Farber indicated his concern that this type of use does not help the mall in its marketing efforts. He further indicated that the mall is located in a commercial zone and does not feel a church belongs in this type of zoning district. He further stated that he did not have a problem with the church using the mall on a temporary basis, but he would like to see an end date so that the Elk River City Council Minutes April 20, 1998 Page 6 use of the church would not hinder the development of the mall. Scott Harlicker informed the Council that a church is allowed as a conditional use in the planned unit development zone. Discussion was held by the Council regarding the possibility of amending the uses allowed in this planned unit development. COUNCILMEMBER FARBER MOVED TO POSTPONE INDEFINITELY THE CONDITIONAL USE PERMIT REQUESTED BY LIVING WATERS CHURCH TO ALLOW THE PLANNING COMMISSION TO REVIEW THE ISSUE OF WHETHER A CHURCH IS AN APPROPRIATE CONDITIONAL USE IN A PLANNED UNIT DEVELOPMENT ZONE AND FURTHER TO ALLOW THE LIVING WATERS CHURCH TO CONTINUE ITS OPERATION UNTIL A DECISION IS MADE BY THE CITY COUNCIL. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Grace Assembly of God Church for Conditional Use Permit, Public Hearin.q Case No. CU 98-8 Planning Assistant Scott Harlicker indicated that the Grace Assembly of God Church is requesting a conditional use permit to allow them to utilize space in a building located at 16820 Highway 10. Scott Harlicker indicated that the applicant is requesting that the church have a one year lease followed by a month to month lease. He further stated that the rear of the building in which the church will be leasing is currently home to the City of Elk River Business Incubator Center. The church will occupy space between two existing incubator business tenants. Discussion was held regarding existing parking for the current tenants and the church. Scott Harlicker indicated that the parking requirements for the existing tenants exceed what is provided. He further indicated that the applicant claims that peak parking demands for the church will be different than for the other tenants. Mayor Duitsman opened the public hearing. John Weicht, 13330 Island View Drive indicated that he was representing the owner of the building. He indicated that although there is a concern regarding the limited number of parking spaces available, the owner of the building feels that the church is the best interim use for the vacant space in the building. Discussion was held by the Council regarding the fact that if the church leases the building for one year, the city may be tying up space for potential Business Incubator businesses. There being no fudher comments, Mayor Duitsman closed the public headng. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE GRACE ASSiEMBLY OF GOD CHURCH, CASE NO. CU 98-8, WITH THE FOLLOWING CONDITIONS: THE SEVEN PARKING SPACES NEAR THE DRAINAGE POND AND ALL BUT ONE OF THE PARKING SPACES LOCATED ALONG THE NORTH SIDE OF THE Elk River City Council Minutes April 20, 1998 Page 7 BUILDING IN FRONT OF THE CHURCH ENTRANCE BE RESERVED FOR THE BUSINESS CENTER AT ALL TIMES. THE PARKING SPACES S~HOWN ALONG THE STOCKADE FENCE BE ELIMINATED. SIGNAGE FOR THE CHURCH BE LIMITED TO A WALL SIGN AS PROVIDED FOR IN THE SIGN CODE. SHOULD NOISE BECOME A PROBLEM, EFFORTS MUST BE MADE TO ADDRESS IT. ACTIONS MAY INCLUDE SOUNDPROOFING OR ADJUSTING THE SCHEDULING OF CHURCH FUNCTIONS SO THEY DO NOT AFFECT THE OTHER TENANTS. S. SUNDAY SERVICES SHALL NOT EXTEND PAST 12:00 NOON. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED S- 0. 6.8. Art Johnson Request for Front Yard Setback Variance, Public Hearin.q Case No. V 98-1 Planning Assistant Scott Harlicker indicated that Art and Deborah Johnson have requested a variance to the minimum front yard setback in order to construct a detached garage near the front of their property located at 9956 153rd Avenue NW. Scott Harlicker indicated that the Board of Adjustment heard the request at its March 24 meeting. A letter of support was entered into the record from the neighbors. He further indicated that because there is an alternate location that meets the setback requirements and does not impact the irrigation system or landscaping, the Board of Review felt that the applicant did not meet the criteria for hardship and voted to deny the application. Scott Harlicker indicated that staff concurs with the Board of Adjustment decision and recommends denial. Mayor Duitsman opened the public hearing. Art and Deborah Johnson, 9956 153r'~ Avenue, explained that the proposed garage would be in line with existing neighboring structures. They further indicated that they live on a dead end street with two other homes on the street. They stated that the owners of these homes are not opposed to the variance. Sandy Buelow, 9988 153rd Avenue, requested the Council to grant the variance at the location which the Johnsons are proposing as it is the most aesthetically pleasing. She indicated that if the Johnsons were to locate the garage in the alternate location, the garage would be in the middle of the yard and would look very conspicuous. Mr. Burke, 9976 153rd Avenue, indicated that he was not opposed to the variance and further stated that the equipment that the Johnsons are proposing to put in the garage would look much better in a building than outside. Elk River City Council Minutes April 20, 1998 Page 8 Doran Cote, planning commission representative, indicated that this is the second time that the Johnsons have requested the variance. He further stated that the Board of Adjustment felt that they did not meet the criteria for a hardship and therefore voted against the variance. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Holmgren indicated that he would like the opportunity to go and look at the area. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ISSUE UNTIL THE MAY 4, 1998, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Request by Paul Krause for Conditional Use Permit, Case No. CU 97-28 Planning Assistant Scott Harlicker indicated that Paul Krause is requesting a conditional use permit for a storage building at the Pinewood Golf Course. He indicated that the Council has reviewed this issue and continued its decision so as to receive additional information on the layout of the golf course. Scott Harlicker indicated that the main topic of discussion is the issue of stray golf balls striking adjacent residences. He further indicated that the applicant was instructed to review the issue of golf balls striking residences on Hole #2 and Hole #6. Mayor Duitsman opened the public hearing. Judy Thompson, 14122 182nd Avenue, indicated that her main concern was for safety of the people who are outside in their yards. She suggested that the distance for Hole #2 be shortened to require a nine iron shot. Paul Krause, applicant, informed the Council that he is in the process of reconfiguring Tee #2 by changing the angle of the green which would require a different club selection, resulting in a more lofted shot. Discussion was held on a solution for Hole #6. It was noted by the Council that the conditional use permit calls for Mr. Krause to build a netted fence along the tee box. It was the consensus of the Council that this will not improve the situation. Paul Krause indicated that he would do what he could to help eliminate the number of balls that are being shot in the yards. He indicated that he would change the angle of the tee box away from the homes. There being no fudher comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PAUL KRAUSE, CASE NO. CU 97-28, TO CONSTRUCT A STORAGE BUILDING AT THE PINEWOOD GOLF COURSE WITH THE FOLLOWING CONDITIONS: ELEVATIONS OF THE PROPOSED BUILDING SHALL BE PROVIDED FOR REVIEW AND APPROVAL BY STAFF. Elk River City Council Minutes April 20, 1998 Page 9 2. THE EXISTING BUILDING SHALL BE PAINTED AND REPAIRED AS NEEDED. 3. A LANDSCAPING PLAN SHALL BE PROVIDED FOR REVIEW AND APPROVAL BY STAFF. THE PLAN SHOULD CONCENTRATE LANDSCAPING THE AREA AROUND THE PROPOSED BUILDING. 4. THE SITE SHALL BE CLEANED UP AND NO OUTDOOR STORAGE ALLOWED. 5. THE DUMPSTER SHALL BE KEPT INSIDE THE PROPOSED BUILDING OR OUTSIDE WITHIN AN IMPROVED CLOSURE. 6. THE APPLICANT SHALL CONTACT ELK RIVER UTILITIES REGARDING MOVING OVERHEAD WIRES AND BE RESPONSIBLE FOR THE COST OF MOVING THOSE WIRES. 7. THE APPLICANT SHALL RELOCATE THE TEE BOX ON HOLE #2 AND HOLE #6 TO CHANGE THE ANGLE OF THE SHOT IN ORDER TO MINIMIZE THE NUMBER OF STRAY GOLF BALLS STRIKING ADJACENT RESIDENTIAL LOTS. 8. PARKING SHALL BE CONFINED TO PAVED AREAS. NO PARKING SHALL OCCUR ON LANDSCAPED AREAS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 7. Other Business There was no other business. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Duitsman adjourned the Council meeting at 8:20 p.m. Respectfully submitted, Sandra Thackeray ~/ City Clerk