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05-18-1998 CC MINSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 18, 1998 Members Present: Mayor Duitsman, Councilmembers Farber, Thompson, and Dietz Members Absent: Councilmember Holmgren Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner; Terry Maurer, City Engineer; Paul Steinman, Director of Economic Development 1. Call Meeting To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 5:07 p.m. by Mayor Duitsman. 2. Consider Agenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE MAY 18, 1998, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Discussion of Land Use Options for Elk River Mall City Planner Steve Ach introduced Jack Sheedy and Larry Leitschuh who were present to represent the Elk River Mall. Steve indicated that this meeting was called by the City Council due to some concerns that were raised regarding the future of the Mall and appropriate uses for the Mall. He further indicated that last month the Living Waters Church requested a conditional use permit to operate a church revival in the Elk River Mall. The City Council had some questions and concerns as to whether this was an appropriate use for a Mall. Steve Ach discussed the possibility of amending the PUD agreement due to the fact that the existing PUD agreement at the Elk River Mall is quite outdated. Jack Sheedy distributed a letter to the City Council which was wdtten by Peter Scherer, owner of the Mall. The letter addressed issues of marketing, existing uses, and allowable uses. Mr. Sheerly indicated that although they continue to market the Elk River Mall, there are several restrictions that limit leasing of the Mall. He indicated that some of these include parking limitations, the fact that the Elk River Mall is facing away from the highway, and a previous agreement indicating that a grocery store could not lease the Mall until the year 2000. Mr. Sheerly discussed the possibility of using tax increment financing to redevelop or rebuild the Mall. He requested the Council to consider this possibility as he feels the Mall is a distressed situation. Discussion was held regarding the restrictions in the TIF law which preclude the city from using TIF for this type of situation. Mayor Duifsman suggested that Mr. Sheedy contact the city's Director of Economic Development to further discuss this issue. Elk River City Council Minutes May 18. 1998 Page 2 Discussion was held regarding the Living Waters Church request for a conditional use permit to operate from the Elk River Mall. It was the consensus of the Council that a conditional use permit not be granted because granting the conditional use would make the situation permanent. It was the consensus that the Living Waters Church could temporarily operate from the Elk River Mall through a general planning permit. 4. Adjournment There being no further business, Mayor Duitsman adjourned the meeting at 5:45 p.m. Respectfully submitted, Sandra Thackeray City Clerk MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 18, 1998 Members Present: Mayor Duitsman, Councilmembers Diefz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Phil Hals, Street/Park Superintendent; Peter Beck, City Attorney; Steve Ach, City Planner, Scott Harlicker, Assistant Planner; Bryan Adams, Utilities General Manager; Phil Hals, Street Superintendent; Bruce West, Fire Chief; Terry Maurer, City Engineer, Steve Wensman, Planning Intern; Scott Harlicker, Planning Assistant; Jeff Asfahl, Community Recreation Director; Cliff Skogstad, Building Official~ Aisc Present: Planning Commission Representative Chambers; Park and Recreation Commission Representatives Kuester and R. Anderson 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 6:00 p.m. by Mayor Duitsman. 2. Consider Agenda Item 3.1 - Check Register was removed from the consent agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MAY 18, 1998, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.2, 3.3. 3.4. 3.5. 3.6. 5/11/98 COUNCIL MINUTES - APPROVED CHAMBERS INVESTMENT/ELK RIVER BRICK AND STONE REQUEST FOR CONDITIONAL USE PERMIT, CU 98-12 - POSTPONED TO 6/15/98 CARGILL REQUEST FOR APPEAL OF BUILDING PERMIT DENIAL DECISION, GP 98-1 - POSTPONED TO 6/15/98 RESOLUTION 98-51 APPROVING PREMISES PERMIT FOR ELK RIVER LIONS - APPROVED 1998 TAX FORFEITED LAND OUT/OTS A, B AND C OF OAK MEADOWS - CITY TO PURCHASE - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 18, 1998 Page 2 3.1. Check Reqister 4.1. The City Administrator indicated that he would like to add a bill in the amount of $22, 376 payable to Big Johns Construction for work completed on wetland mitigation. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER AS AMENDED TO INCLUDE A CHECK TO BIG JOHNS CONSTRUCTION IN THE AMOUNT OF $22,376. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolutions Orderin.q Feasibility Study and Plans and Specifications for School Street Improvements City Engineer Terry Maurer explained that the Council has authorized the preparation of resolutions to order the feasibility study for the School Street improvements and to authorize the preparation of plans and specifications for the project. School Board members Pat Scharber and Zack Fox talked about the School District's concerns in relation to the School Street project. Some concerns include the time frame, the amount of the assessment that the School will be required to pay, the exclusion of businesses for profit on the south side of the street from the assessment and the fact that other cities and townships in the district will have to pay for Elk River's infrastructure.- A concern was also expressed that students cross the street directly in front of a police officer, and nothing is said or done to prevent this by the officer. It was noted that there will be 600-800 7-9th graders moving from the area which will reduce the traffic on School Street. It was indicated that the senior high staff is willing to address the senior high parking situation. The members requested the Council to allow the School staff to work on solutions and further requested the Council not to rush the School in making a decision to upgrade the street at this time. Mayor Duitsman stated indicated that he is willing to delay, but not to adjust the cost to the district as he feels that the amount that is being proposed to be assessed to the School District is fair and equitable. Councilmernber Holmgren indicated that the problem has been going on for a long time and the school has been aware of the problems since 1991. He indicated that the project should be done as soon as possible before someone gets hurt. Councilmember Thompson indicated that he agrees with Mayor Duitsman in that the assessed cost is fair and equitable. He further indicated that he is agreeable to a 1999 project. Ron Brantley, Director of Finances for the School District, indicated that a storm sewer is necessary for the ALC project. He indicated that he would like to work together with the city on this western part of the project in 1998. COUNCILMEMBER HOLMGREN MOVED THAT THE SCHOOL STREET PROJECT BE COMPLETED IN 1998 AND THAT THE ASSESSMENT BE SPREAD OUT OVER A NUMBER OF YEARS AS DETERMINED BY CITY STAFF. COUNCILMEMBER FARBER SECONDED Elk River City Council Minutes May 18, 1998 Page 3 THE MOTION. THE MOTION FAILED 2-3. Mayor Duitsman and Councilmembers Dietz and Thompson opposed. COUNCILMEMBER THOMPSON MOVED THAT THE SCHOOL STREET PROJECT BE COMPLETED IN 1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Holmgren opposed. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-52 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 98-53 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Consider Resolution Acceptin.q Feasibility Study and Orderin.q Public Hearinq for 1998 Overlay Project Consider Resolution Declarin.q Amount to be Assessed and Orderin.q Preparation of Assessment Roll for 1998 Overlay Project City Engineer, Terry Maurer reviewed the feasibility report for the 1998 bituminous overlay and gravel road paving improvements. He informed the Council of the developments that are included in the project. The developments include Meadowvale Forest, Village Estates 1st and 2nd Addition, Mississippi Heights, Hobbit Hills and Peterson Addition and Ulysses Street. He stated that the proposed assessment cost per unit is $1,450. Terry Maurer indicated that 213th Avenue and Jarvis Street are gravel roads and are also proposed for improvements. He stated that these two streets would require higher assessments and would still generate a shortfall of approximately $40,000. This amount is proposed to be the Burns Township share. Following Council discussion regarding the inclusion of the gravel roads in the project, it was the consensus of the Council to delete 213th Avenue and Jarvis Street from the project at this time. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-54 ACCEPTING THE FEASIBILITY STUDY AND ORDERING THE PUBLIC HEARING FOR THE 1988 OVERLAY PROJECT EXCLUDING THE GRAVEL ROADS; 213th AVENUE AND JARVIS STREET FROM THE PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-55 A RESOLUTION DECLARING THE AMOUNT TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR THE 1998 OVERLAY PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 18, 1998 Page 4 4.4. 4.5. 4.6, 4.7. 4.8. Public Hearin.q Orono Shores Sanitary Sewer/Watermain City Engineer Terry Maurer explained that the Guardian Angels Lake Orono Development project consists of sanitary sewer and water main improvements. Terry Maurer reviewed the staff report on this project. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Consider Resolution fo Order Plans and Specifications for Orono Shores. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-56 ORDERING THE IMPROVEMENT AND PREPARATIONS OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE GUARDIAN ANGELS LAKE ORONO IMPROVEMENT OF 1998. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 0. Consider Resolution to Approve Plans and Specifications and Authorize Advertisement for Bids: Boston Street, Railroad Drive, Jackson Avenue/Holt, and guardian An.qels Lake Orono Development Utility Improvements COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 98-57 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE RAILROAD DRIVE, BOSTON STREET, ORONO SHORES AND JACKSON AVENUE/HOLT STREET UTILITY IMPROVEMENT OF 1998. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED Update: Emer.qency Disaster Full Scale Exercise Bruce West updated the Council on the full-scale emergency management exercise that was held on April 22. An update was also given on the 5/15/98 storm. Discussion was held regarding the city providing the service of picking up trees down by the storms. The City Administrator indicated that Phil Hals is requesting additional help to provide this service. COUNCILMEMBER HOLMGREN MOVED THAT THE CITY PROVIDE PICK UP SERVICE TO THOSE RESIDENTS AFFECTED BY THE STORM, AND FURTHER AUTHORIZED THE STAFF TO CONTRACT OR HIRE ADDITIONAL HELP TO PROVIDE THIS SERVICE USING FUNDS FROM THE COUNCIL CONTINGENCY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Update: Boys and Girls Club Councilmember Thompson indicated that the Board has voted to move ahead on the Boys and Girls Club building. He fudher indicated that sizeable donations have been received. Elk River City Council Minutes May 18, 1998 Page 5 4.9. Update: Community Recreation 6.1. Jeff Asfahl updated the council on the youth initiatives progress in regard to the skatepark. He also gave an update on BMX biking and mountain biking trails. Councilmember Holmgren informed the Council that the Community Recreation Board felt that it was not appropriate that Jeff Asfahl serve on the Ice Arena Board. Councilmember Farber indicated that Jeff's contribution to the meetings is beneficial. It was noted that Jeff would continue to attend the meetings as a staff member. Open Mike No one appeared for Open Mike. City of Elk River Request for Conditional Use Permit for Recreation Center, Public Hearin.q Case No. CU 98-14 Steve Wensman, Planning Intern indicated that the City of Elk River is requesting a conditional use permit to operate a nonprofit recreational facility in the former Northbound Liquor Store site. Steve Wensman reviewed staff report on this issue. He indicated that the Police Department concerns have been addressed Qnd 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. Pat Klaers talked about the need for surveillance cameras as a deterrent. Councilmember Thompson felt it may be more beneficial to have two staff members supervising rather than a camera. Discussion was held regarding the surveillance camera issue. It was a consensus to take no action on the cameras until the issue can be further discussed by staff. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE REQUEST TO OPERATE A RECREATION FACILITYAT THE FORMER NORTHBOUND LIQUOR STORE SITE WITH THE CONDITION TO DEFER THE SURVEILLANCE CAMERA ISSUE UNTIL STAFF HAS HAD A CHANCE TO REVIEW THE ISSUE, AND WITH THE FOLLOWING CONDITIONS: THAT THE LIGHTING BE INSTALLED ON THE OUTSIDE OF THE BUILDING TO ADEQUATELY LIGHT THE WALKWAYS AND AREAS ADJACENT TO THE BUILDING. 2. KEEP ALL WINDOWS FREE AND CLEAR OF ITEMS, POSTERS, ETC. MAKE THE SITE A "TOBACCO FREE" ESTABLISHMENT. THIS WILL ASSIST THE POLICE IN KEEPING THE FACILITY A PLACE FOR ALL TO COME. MAKE THE FRONT DOOR THE ONLY ENTRANCE AND EXIT; ALL OTHER DOORS FOR EMERGENCY ONLY. Elk River City Council Minutes May l& 1998 Page 6 THAT THE TWO FENCED AREAS BEHIND THE BUILDING BE MAINTAINED PROPERLY AND LOCKED. THAT THE CITY INSTALL SPEED DIPS AND TRAFFIC CONTROL/LANDSCAPE ISLANDS TO MINIMIZE TRAFFIC THROUGH THE SITE AND TO ENHANCE PEDESTRIAN SAFETY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Livin.q Waters Church Request for Conditional Use Permit, Public Hearin.q Case No. CU 98-4 Scott Harlicker indicated that the Living Waters Church has requested a conditional use permit to allow them to utilize space in the Elk River Plaza as an evangelical meeting center. Mayor Duitsman indicated that the Council just finished a worksession for the purpose of discussing the issue of institutional uses in commercial districts. He indicated that it was the consensus of the Council to allow the church to operate at the Elk River Plaza on a temporary basis under a General Planning Permit rather than through a 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 FARBER MOVED THAT THE LIVING WATERS CHURCH BE ALLOWED TO UTILIZE SPACE IN THE ELK RIVER PLAZA AS AN EVANGELICAL MEETING CENTER UNDER A GENERAL PLANNING PERMIT WITH THE ISSUE BEING REVIEWED IN SIX MONTHS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO DENY THE CONDITIONAL USE PERMIT REQUESTED BY LIVING WATERS CHURCH. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Teresa DeJarlais Request for Conditional Use Permit, Public Hearinq Case No. CU 98-13 Planning Intern Steve Wensman indicated that Teresa DeJarlais is requesting a conditional use permit to operate an art studio from her home at 227 Morton Avenue. He explained that Teresa Dejarlais is proposing to open a workshop studio business out of her home. Steve Wensman reviewed the staff report. He stated that the Planning Commission voted in favor of this 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 TERESA DEJARLAIS TO OPERATE A ART STUDIO FROM HER HOME AT 227 MORTON AVENUE WITH THE FOLLOWING CONDITIONS: 1. NO MORE THAN 8 CLIENTS BE ADMITTED AT ONE TIME. Elk River City Council Minutes Ma_v 18~ 1998 Page 7 RETAIL SALES SHOULD NOT OCCUR ON A DALLY BASIS GIVING THE IMPRESSION OF A "RETAIL ENVIRONMENT." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Tim Smith Request for Accessory Structure Setback Variance, Public Hearing Case No. V 98-3 Scott Harlicker indicated that Tim Smith is requesting a variance to the 75 foot shoreline setback requirement to construct a pole building at 13192 192nd Avenue NW. He indicated that the Board of Adjustments voted to deny the variance request based on the following criteria: lack of hardship due to availability of other locations on site, proposed location is located in a flood plain, proposed location is on a drainage easement and the request does not meet 3 of the 4 criteria of the shoreline management ordinance. Scott indicated that construction of the pole building has already begun. Scott Harlicker reviewed staff report on this issue. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public headng. Councilmember Dietz indicated that if Mr. Smith had applied for a building permit for the building, he would not be in a situation that requires a variance. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST BASED ON THE FOLLOWING FINDINGS, AND THAT THE BUILDING BE REMOVED FROM THE LOCATION. THE APPLICANT DID NOT SHOW THAT HE WOULD SUFFER ANY HARDSHIP BY STRICT APPLICAITON OF THE ZONING ORDINANCE. THE APPLICANT HAS REASONABLE USE OF THE PROPERTY WITHOUT THE GRANTING OF THE VARIANCE. THE PROPOSED LOCATION IS WITHIN THE FLOOD PLAIN AND WOULD REQUIRE RAISING THE BUILDING FLOOR ELEVATION BY 6 FEET AND EXTENDING THE FILL TO WITHIN 5 FEET OF THE STREAM, THEREBY INCREASING THE POSSIBILITY OF IMPACT UPON THE DNR PROTECTED STREAM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. City of Elk River Request for Rezoning from R1C (Sin.qle Family Residential) to BP IBusiness Park) IArea #3) Public Hearinq Case No. ZC 98-4 Steve Ach, City Planner, indicated that the city is requesting a rezoning application of approximately 45 acres from Rlc to BP in Area #3 located at the northeast corner of County Road No. 13 and County Road No. 12. He explained that this area, along with others along this corridor, have been identified in the Economic Development Strategic Plan as potential sites for business park development opportunities. Mayor Duitsman opened the public hearing for item 6.6. Elk River City Council Minutes May 18, 1998 Page 8 6.7, Mrs. Mulvaney questioned how the rezoning would affect her in regard to assessment charges. Mayor Duitsman indicated that no determination has been made at this time regarding assessment amounts. There being no further comments on the issue, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 98-7 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) (AREA #3). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Land Use Plan Amendment From MR to LI {Area #7) Public Hearin.q Case No. LUA 98-1 City of Elk River Request for Rezoninq from R1E to BP, Public Hearinq Case No. ZC. 98-1 Steve Ach, City Planner, indicated that the City of Elk River is requesting consideration of a Land Use Plan Amendment from MR (Medium Density Residential) to LI (Light Industrial) and a rezonJng from Rle (Single Family Residential) to BP (Business Park) of approximately 70 acres of property located along Burlington Northern Railroad Tracks between 177th Avenue and 173rd Avenue (Area 7). Mayor Duitsman opened the public hearings for items #6.7 & 6.8. Jeff Thompson attorney for Roy and Ruth Brown spoke on behalf of the Browns. He indicated that the Browns are interested in discussing the possibility of the city purchasing their property. He further stated that because the rezoning is not necessary for the city to move ahead with its plans, the Browns request that the rezoning be postponed. This would allow negotiations to take place between the city and Browns for the purchase of their property. Councilmember Holmgren indicated that he would be interested in postponing a decision on the rezoning as there is no project driving this issue at this time. He indicated that he would prefer to keep negotiations and rezoning separate. Mrs. Brown indicated that it has always been their desire to stay on their land and in their home. She stated that various decisions by the council has impacted their property and their lives. She requested that the Council make a commitment of the City's intent to negotiate for the purchase of their land prior to the rezonJng taking place. There being no further comments on the issue, Mayor Duitsman closed the public hearing. MAYOR DUITSMAN MOVED TO ADOPT RESOLUTION 98-58 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL TO LI (LIGHT INDUSTRIAL) (AREA #7). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 18, 1998 Page 9 MAYOR DUITSMAN MOVED TO ADOPT ORDINANCE 98-8 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) (AREA #7). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE EVERGREEN TO BEGIN NEGOTIATIONS WITH THE BROWNS FOR PRICE AND TERMS FOR PURCHASE OF THEIR PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren left at this time 8:45 p.m. 6.5. HTG Architects/Norwest Bank Request for Conditional Use Permit, Public Hearinq Case No. CU 98-11 Steve Ach indicated that HTG Architects is requesting a conditional use permit for site plan review to construct a financial institution in the Elk Park Center Planned Unit Development located at the southwest corner of 193rd and Highway 169. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Dana Anderson informed the Council that the Park and Recreation Commission had concerns about the bituminous trail running along the east side of Jackson, screening and the access from Jackson Avenue. Jeff Flipson of HTG Architects indicated that it is not their intention to remove the trees unless it is absolutely necessary. Mr. Flipson also spoke about the access from Jackson Avenue. He indicated that In regard to the private drive, from a site design standpoint, a straight in and exit out is the best scenario. Planning Commissioner Chambers indicated that the Commissions main concern was traffic. Discussion was held by the Council regarding the potential traffic problems with an access point along Jackson Road between Highway 169 and Freeport Avenue. COUNCILMEMBER DIETZ MOVED TO GRANT THE CONDITIONAL USE PERMIT REQUEST BY HTG ARCHITECTS (NORWEST BANK) TO CONSTRUCT A FINANCIAL INSTITUTION ALONG WITH SIX DRIVE-THRU LANES WITH THE FOLLOWING CONDITIONS: WITH THE EXCEPTION OFNARROWING THE DRIVE-THRU, ALL OF THE COMMENTS OUTLINED IN THE SITE PLAN REVIEW SECTION OF THIS REPORT BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. COMMENTS FROM THE CITY ENGINEER'S MEMO DATED APRIL 22, 1998, BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. SIGNAGE MEET THE REQUIREMENTS OF THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT. Elk River City Council Minutes May 18, 1998 Page i0 6.9. FOUR SETS OF REVISED PLANS BE SUBMITTED BACK TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 5. THAT THERE BE NO ACCESS ONTO JACKSON ROAD. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3- 1. Councilmember Farber opposed. Councilmember Farber indicated that he felt there should be a right turn in from Jackson Road. Conditional Use Permit Request by City of Elk River for Library Parkinq Lot Expansion - CU 98-7 Steve Wensman indicated that the City of Elk River is requesting a conditional use permit to expand the Library Parking Lot. He stated that the Planning Commission recommended approval of the proposal to expand the parking lot. Steve Wensman reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated that he feels there could be more parking spaces than proposed. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF ELK RIVER TO EXPAND THE LIBRARY PARKING LOT WITH THE FOLLOWING CONDITIONS: 3. 4. 5. 6. o 10. LANDSCAPING BE PROVIDED BETWEEN THE PARKING AREA AND EXISTING HOMES TO REDUCE HEADLIGHT GLARE. LANDSCAPE THE ENTIER LOT AREA AS PER ELK RIVER ZONING ORDINANCE. SAVE AND TRANSPLANT AS MANY EXISTING TREES AS POSSIBLE. ADD CURB AND GUTTER TO THE ENTIRE LOT. ADD A SECOND HANDICAP ACCESSIBLE STALL. REDUCE EXISTING PARKING LOT WIDTH TO 72 FEET TO BE HARMONIOUS WITH NEW PARKING LOT ADDITION. RESURFACE THE ENTIER LOT. ADD ADDITIONAL LIGHTING AS PER ELK RIVER ZONING ORDINANCE. INSTALL A NEW DRIVEWAY APRON AT THE PROCTOR ENTRANCE WITH APPROPRIATE TURNING RADIUS AND SLOPE. A SIGN PERMIT BE OBTAINED FROM THE PLANNING OFFICE PRIORT TO INSTALLING A NEW SIGN. Elk River City Council Minutes May 18, 1998 Page 11 6.10. Update: Northstar Corridor 6.11. Scott Harlicker updated the council on the Northstar Corridor Development Authority. He reviewed the current studies including the feasibility of commuter rail systems along the Highway 10 corridor. He reviewed time line of the proposed schedule of work on the project and the funding status for the project. Discussion was held regarding the location of train stations and the fact that it is likely that Elk River will be chosen as at least one of the locations. Mayor Duitsman indicated a concern of a lack of locations and parking spaces for a train station in downtown Elk River. He suggested that this issue be reviewed by staff in order to be prepared for this. Chip Martin Request for Variance, Public Hearinq Case No. V98-4 Scott Harlicker indicated that Chip Martin is requesting a variance to the required 10 foot setback for paved areas extending between the existing driveway near the west end of the building and the existing driveway at the east end of the site located at 940 Highway 10. Scott Harlicker reviewed the staff report on this issue. Scott Harlicker indicated that the Board of Adjustments voted to approve the variance with the condition that the parking and drive aisle be installed as shown on the alternate plan. Mayor Duitsman opened the public hearing. Chip Martin indicated that the alternate proposal recommended by staff does not leave enough space for vehicles. There being no one else to speak to this issue, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated he has no problem with Martin's proposal as long as there is adequate landscaping to deflect light from cars. Mayor Duitsman indicated his concern of losing trees along Highway. Councilmember Dietz suggested that if trees die as a result of Mr. Martin's expansion, then he should be required to replace them. COUNCILMEMBER DIETZ MOVED TO APROVE THE VARIANCE REQUESTED BY CHIP MARTIN WITH USING MR. MARTIN'S PARKING PLAN WITH THE FOLLOWING STIPULATIONS: THAT IF TREES PERISH DUE TO THE EXPANSION THAT THERE BE A PLAN TO REPLACE THE TREES. ADEQUATE LANDSCAPING BE PROVIDED ALONG HIGHWAY 10 TO DEFLECT HEADLIGHTS - TO BE DETERMINED BY STAFF. 3. CURB AND GUTTER SHALL BE PROVIDED PER CITY ORDINANCE. 4. ALL BANNERS, PENNANTS, AND TEMPORARY SIGNS BE REMOVED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 18, 1998 Page 12 6.12. John Weicht & Assoc. Request for Conditional Use Permit (Boys and Girls Club) Public Hearinq Case No. CU 98-10 Scott Harlicker indicated that the Boys and Girls Club have requested a conditional use permit to construct a building to house the Boys and Girls Club at Lions Park. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Councilmember Dietz questioned the need for additional landscaping at the entrance of Lion's Park. John Weicht addressed drainage and easement issues. Dana Anderson indicated that the Park and Recreation Commission supports using Lion's Park for the Boy's and Girl's Club. He distributed a newspaper article regarding a boys and girls club in St. Paul and the issues that the City of St. Paul dealt with. Mr. Anderson discussed the issue of the lease arrangement and the need to be certain that the agreement pertains to the facility. He further stated that the Park and Recreation Commission would like to see the building plan and request that it blend in with the park. John Kuester spoke to the newspaper article that was handed out by Dana Anderson regarding a similar situation that took place in the City of St. Paul. There being no one else to speak to the issue, Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO TABLE THE ISSUE FOR ONE WEEK. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.13. John Weicht & Assoc. Request for Conditional Use Permit (Beaudry Oil), Public Hearin.q Case No. CU 98-9 Scott Harlicker indicated that Beaudry Oil is requesting a conditional use permit to construct a second car wash bay at 630 Proctor Avenue. Scott reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval. Mayor Duitsman opened the public hearing. John Weichf indicated that the trees required by staff have been in different areas than designated by city staff. John Weicht also noted that Mr. Beaudry did not feel that stacking of vehicles would be an issue. There being no further comments Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY BEAUDRY OIL FOR A CAR WASH AT 630 PROCTOR WITH THE FOLLOWING CONDITIONS: Elk River City Council Minutes May 18, 1998 Page 13 6.14. o THE STACKING AREA BE STRIPED AND CONES PLACED TO DIRECT TRAFFIC TO THE APPROPRIATE STACKING LANE. THE LANDSCAPING BE INSTALLED AS SHOWN ON THE APPROVED PLAN FOR THE CAR WASH/COMMERCIAL BUILDING. BECAUSE OF THE NEED TO MAINTAIN 24' WIDE DRIVE AISLE ALONG THE SOUTH SIDE OF THE BUILDING, A SECOND, OR PARALLEL, STACKING LANE IS PROHIBITED. THE ISLANDS CONTAINING THE VACUUM CLEANERS BE LANDSCAPED WITH PLANTINGS THAT DO NOT INTERFERE WITH THE UNDERGROUND VENTS AND PIPES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. City of Elk River Request for Ordinance Amendment Reqardin.q Government Buildin.qs and Facilities, Public Hearinq Case No. OA 98-1 Scott Hadicker indicated that the City of Elk River is requesting an ordinance amendment to amend the definition of government offices to include jails. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 98-9, AMENDING SECTION 900.08 OF THE CITY CODE OF ORDINANCES PERTAINING TO THE DEFINITION OF GOVERNMENT OFFICES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Other Business 7.1. Review Job Description for Buildin.q Maintenance Worker COUNCILMEMBER FARBER MOVED TO APPROVE THE JOB DESCRIPTION OF THE BUILDING MAINTENANCE WORKER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Request to Advertise for Full Time Buildin.q and Zonin,q Secretary/Receptionist Pat Klaers discussed the need for a full time building and zoning secretary/receptionist. He indicated that Sara Onarheim currently works part time in the building department and part time for Phil Hals. She is not interested in full time employment and therefore will be working part time, approximately 12 hours per week, for Phil Hals. He stated staff is requesting approval to hire a building/zoning secretary/receptionist. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR A FULL TIME BUILDING AND ZONING SECRETARY/RECEPTIONIST. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes May 18, 1998 Page 14 Staff Updates There were no staff updates. Adjournment There being no further business, Mayor Duitsman adjourned the meeting at 10:25 p.m. Respectfully submitted, Sandra Thackeray City Clerk