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10-20-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE HIGH SCHOOL LITTLE THEATRE MONDAY, OCTOBER 20, 2003 Members Present: Members Absent: Staff Present: Also Present: 4.1. 4.2. 4.3. Mayor I4Jinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat I4Jaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Building and Environmental Administrator Steve Rohlf, Ice Arena Manager Rich Czech, City Engineer Terry Maurer, City Attorney Peter Beck, and Recording Secretary Tina Allard Planning Commissioner Peter Lemke Park and Recreation Commissioner Dave Anderson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor KJinzing. Consider Council Agenda Councilmember Dietz added an item under Other Business. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED $-0. Consent Agenda There were no Consent Agenda items to consider. Utilities Update Councilmember Dietz provided an update of the October 15, 2003 Utilities Commission meeting. He stated that the Utilities Commission would like to have a ioint meeting with the City Council to discuss who should share the cost for street light repair and maintenance. NCDA Update Senior Planner Scott Harlicker provided an update of the Northstar Corridor Development Authority held on October 2, 2003. Park and Recreation Commission Update Director of Planning Michele McPherson provided an update of Park and Recreation Commission activities. She stated that staff is working with Utilities and the Park Commission regarding remediation of damages to Royal Valley park. City Council Minutes October 20, 2003 ............................. Page 2 4.4. 4.5. 6.1. Councilmember Dietz stated that the Engineering and Planning Department should take some responsibility for this situation and hoped steps are being taken so that this situation doesn't happen again. Ice Arena Barn Update/Demolition of the Barn's Floor Ice Arena Manager Rich Czech stated that the Barn floor should last through the 2003-04 season but would need to be replaced next year. He stated that there are contaminants in the refrigerant. Mr. Czech stated that the refrigerant needs to be flushed out of the system and replaced. He stated this will cause the opening of the floor ice to be delayed until the week of November 3, 2003. It was the consensus of the Council to have the refrigerant flushed at an approximate cost of $15,000. Councilmember Dietz questioned whether the ice arena would lose any contracts for the season but Mr. Czech stated no. Councilmember Motin questioned if there were advantages or disadvantages over the cement floor the arena is considering installing next year and the sport court floor other arenas have installed. Mr. Czech stated that the costs were similar but with the sport court floor there would be storage issues and it would have to be refrigerated year round. He stated that the cement floor should last 25-30 years. Consider Eradication of Curly Leaf Pond Weed on Lake Orono Building and Zoning Administrator Steve Rohlf stated that curly leaf pond weed is taking over Lake Orono and he discussed the different ways to eradicate it. The most cost effective way to get rid of the weed is to lower the level of Lake Orono four feet (starting on November 3, 2003) to freeze it out. He stated the only concern he has is that the dam could freeze open but that there are alternatives to try and prevent that. Mr. Rohlf stated that the weed will not be completely eliminated because it is coming from a source upstream. This process may have to be done every two to four years. He stated that the Lake Orono Association came forward with this concern and supported eradication of the weed. COUNCILMEMBER DIETZ MOVED TO APPROVE LAKE ORONO WATER LEVELS BE DROPPED IN ORDER TO REDUCE THE CURLY LEAF POND WEED POPULATION IN THE LAKE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one was present for Open Mike. Request by Chad Lundquist (Riverview Sports) for Variance Regarding Sign Ordinance, Public Hearing-Case No. V 03-03 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a variance to have a second sign, located on a different property, advertising his City Council Minutes October 20, 2003 ............................. Page 3 6.2. business (Riverview Sports). He stated that the applicant would like to place a sign closer to the intersection of Highway 10 and 173~ Avenue. Mr. Leeseberg stated that staff is recommending denial of the variance as the applicant does not meet the five findings for granting a variance. Mayor Klinzing opened the public hearing. Chad Lundquist, 19509 Boston Street-Stated that he did not receive his notification of the Planning Commission hearing regarding this issue; therefore he was unable to attend that meeting. He stated that many other businesses in Elk River have more than one sign. He stated that he is confused as to why the city recommends denial of his request. Mr. Lundquist stated that his family owns the property that Riverview Sports is located on and he owns the property on which he would like to install the new sign. Ms. McPherson stated that the issue before the Council is that the applicant is requesting an off-premise sign (a billboard). Mayor Klinzing closed the public hearing. Councilmember Tveite questioned if a condition could be added stating that as long as ownership in the property remains in the family then the sign could remain. Mr. Beck stated that conditions could be added to a variance but he would like to see this item tabled and some findings established for approval. Councilmember Kuester stated that she believes some findings have been met for the variance request. She stated that access and visibility to the business is limited due to reconstruction in the area and a directional sign is needed for area businesses. COUNCILMEMBER MOTIN MOVED TO TABLE THIS ITEM UNTIL NOVEMBER 17, 2003. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Aggregate Industries for an Amendment to a Conditional Use Permit for Mineral Extraction, Public Hearing-Case No. CU 03-29 Building and Zoning Administrator Steve Rohlf submitted the staff report. Mr. Rohlf stated that the applicant is requesting to expand its existing gravel mine to include an additional 80 acres. He stated that the property is zoned Mineral Excavation Overlay Zoning District and it was included in the city's Environmental Impact Study on mineral excavation. Mr. Rohlf stated that the existing mining operation had no issues for the first two years but in the third year there were noise complaints from surrounding neighbors. He stated there was also a concern with ground water protection. Mr. Rohlf stated that staff has held neighborhood meetings and the issues appear to have been resolved. He stated that Aggregate Industries is opposed to Condition number 10 regarding traffic. Mayor Klinzing opened the public hearing. City Council Minutes October 20, 2003 ............................. Page 4 6.3. 6.4. Brian Hauge, 21205 Vernon Street-Stated that Aggregate Industries has been very helpful about resolving the noise issues. He stated that this issue may need to be reconsidered next spring when residents are outside more and have their windows open. Councilmember Kuester questioned Mr. Hauge regarding the hours when noise levels are at there worse. Mr. Hauge stated usually between 5:00 p.m. and 9:00 p.m. because of backup alarms but the real issue is that sometimes his family couldn't sleep in the summer with the windows open due to the noise. Jim Lundquist, 21244 Vernon Street-Stated that he concurs with Mr. Hauge. He stated that Aggregate Industries has gone out of their way to relieve noise issues. Bob Bieraugel, Aggregate Industries Representative-Stated that his company wasn't aware of the noise issues at first but has since taken numerous efforts to resolve them. He stated that Aggregate Industries is continuing to work on new improvements to further reduce the noise. Mayor Klinzing closed the public hearing. Discussion was held regarding some of the language of the CUP agreement. Mr. Maurer stated that he would like a condition included regarding access be changed in case Mn/DOT needs to complete work in the area. COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AGGREGATE INDUSTRIES WITH THE CONDITIONS OUTLINED IN THE AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Ci~ of Elk River to Vacate Cartway South of Elk River NAPA Auto Store, Public Hearing-Case No. EV 03-05 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that staff is requesting to vacate a cartway south of NAPA auto store. She stated that the cartway has been utilized as a private driveway but since the construction of the Zane Avenue and Yale Street connection the cartway is no longer needed. Mayor KJinzing opened the public hearing. There being no one to speak to this issue, Mayor KJinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-68 FOR VACATING THE CARTWAY, CASE NO. EV 03-05. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Ci~ of Elk River to Vacate Troy Street Railroad Crossing, Public Hearing-Case No. EV 03-06 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that staff is requesting to vacate the Troy Street railroad crossing. She stated that a City Council Minutes Page 5 October 20, 2003 ............................. 6.5. complaint was received regarding the long and loud train whistles near this location, which has three crossings in close proximity to each other. Ms. McPherson stated that only one resident uses this railroad crossing and the resident has a choice of two other new access points to their house. Mayor KJinzing opened the public hearing. Mr. Mooney, 19346 %ebulon Street-Stated that he is the resident that uses the railroad crossing to access his home. He stated he is concerned about whether he would be plowed out in the winter as the new access roads do not have houses on them yet. Ms. McPherson stated that 193~ Avenue is a city road and would be plowed. Greg Johnson, 19046 Troy Street-Stated that he is concerned if 193~d Avenue will be plowed this year. Mr. Maurer stated it would be plowed. Sandy Wood, 19176 Troy Street-Questioned what the standards were for train whistles. George Warren, BNSF Railroad-Stated that the railroad must follow federal standards and they must blow the whistle four times before each crossing. Gail Krapser, 19156 Troy Street-Stated she timed a train whistle and it lasted one minute and thirty-seven seconds. She questioned if the railroad could stop the whistles in her neighborhood. Warren stated that the community of Coon Rapids was able to establish a quiet zone but it cost the city a tremendous amount of money. He stated that the community had to resolve issues with medians, signage, education, cameras, enforcement, etc. He stated that federal standards are almost impossible to negotiate around. Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-69 VACATING THE TROY STREET RAILROAD CROSSING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Rodney/Clara Anderson for Administrative Subdivision, Public Hearing-Case No. AS 03-04 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting an administrative subdivision to split one lot into two lots. He discussed zoning and Park and Recreation Commission action. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz stated concerns with the building removal condition being similar to the Tim Smith lawsuit. City Council Minutes October 20, 2003 ............................. Page 6 Attorney Peter Beck stated the condition could be changed to state the applicant shall allow the city access to remove the buildings or must reapply to convert the two lots back into one lot. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. o A SINGLE FAMILY RESIDENCE SHALL BE BUILT ON PARCEL B WITHIN ONE YEAR OF SPLIT APPROVAL OR THE ACCESSORY BUILDINGS WILL BE REQUIRED TO BE REMOVED. THE APPLICANT SHALL ESCROW $1,500 TO ENSURE COMPLIANCE WITH THIS CONDITION. THE APPLICANT SHALL ALLOW THE CITY ACCESS TO REMOVE THE BUILDINGS OR MUST REAPPLY TO CONVERT THE TWO LOTS BACK INTO ONE LOT. 4. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 5. THE APPLICANTS SHALL PROVIDE THE REQUIRED DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by Phoenix Enterprises for Final Plat Approval ,(Hillside Estate 10~h Addition), Case No. P 03-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the applicant is requesting final plat approval for Hillside Estates 10m Addition. He discussed zoning, street and lot layout, and park dedication requirements. Mr. Harlicker stated that Lot 7 and 8 do not meet the zoning district requirements for lot depth. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-70 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 10TM ADDITION, CASE NO. P 03-13 WITH THE FOLLOWING CONDITIONS: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. City Council Minutes October 20, 2003 ............................. Page 7 3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 4. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. A LETTER OF CREDIT SHALL BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE-YEAR PERIOD. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY ENGINEER. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIP LINE. 10. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. 11. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF WETLANDS. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAINS ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND City Council Minutes October 20, 2003 ............................. Page 8 MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 12. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT. 13. THE FOLLOWING CONDITION OF THE PARK AND RECREATION COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL: THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor I~inzing stated that she does not favor this plat as she does not like the extension of Dodge Street. She is concerned it will have similar issues as Auburn Street. Councilmember Kuester stated that she is concerned about Lots 7 and 8 not meeting the depth requirements. Ms. McPherson stated that the lots could be combined to meet the requirements. COUNCILMEMBER KUESTER AMENDED THE MOTION TO INCLUDE A CONDITION THAT LOT 7 AND LOT 8 MUST BE COMBINED AS ONE LOT. COUNCILMEMBER MOTIN SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5-0. 6.7. THE MOTION AS AMENDED CARRIED 4-1. Mayor Iadinzing opposed. Request by Justin pogones and J&J Auto Specialties for a Conditional Use Permit for Outdoor Storage and Auto Repair, Public Hearing-Case No. CU 03-28 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a conditional use permit for an auto repair business and outdoor City Council Minutes October 20, 2003 ............................. Page 9 storage. He discussed location, parking and access, landscaping, the outdoor storage building, and Planning Commission action. Mayor Klinzing opened the public hearing. Justin Pogones, Applicant-Stated he was available to answer any questions. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THE OUTDOOR STORAGE AND AUTO REPAIR FACILITY WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. A LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE; ADDITIONAL PLANTINGS WILL BE REQUIRED TO SCREEN THE OUTDOOR STORAGE AREA AND THE STORAGE TRAILERS. 3. THE SITE PLAN SHALL BE REVISED SO THAT 29 PARKING SPACES ARE SHOWN. 4. THE OUTDOOR STORAGE AREA SHALL BE SHOWN ON THE SITE PLAN. 5. AN 8 FOOT HIGH STOCKADE FENCE SHALL ENCLOSE THE OUTDOOR STORAGE. 6. THE DRIVEWAY ALONG THE SOUTH PROPERTY LINE SHALL COMPLY WITH THE 10 FOOT SETBACK REQUIREMENT. 7. THE SEMI TRAILERS USED FOR STORAGE MUST BE D.O.T. COMPLIANT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Request by Dick Hefland for Conditional Use Permit for R& G Towing-Outdoor Storage, Public Hearing-Case No. CU 03-26 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a conditional use permit (CUP) for outdoor storage at a vehicle towing business. He discussed zoning, standards for a CUP, landscaping, and Planning Commission action. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes October 20, 2003 ............................. Page 10 6.9. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH THE FOLLOWING CONDITIONS: 1. A CHAIN LINK FENCE SHALL BE MAINTAINED ON THE NORTH PROPERTY LINE. 2. THE STORAGE AREA SHALL NOT EXTEND INTO THE DRAINAGE AND UTILITY EASEMENT. 3. THE SURFACE OF THE STORAGE AREA SHALL BE CLASS V OR SOME OTHER SUITABLE MATERIAL APPROVED BY THE CITY. THE BOUNDARY OF THE STORAGE AREA SHALL BE DELINEATED BY LANDSCAPE TIMBERS OR SOME OTHER MATERIAL APPROVED BY THE CITY. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Karla Donner for Interim Use Permit for Fitness Facility-Elk River Business Park, Public Hearing-Case No. CU-03-27 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that Karla Donner is requesting a five year interim use permit to allow a fitness facility in the Business Park District (Elk River Business Park). She stated that the Economic Development Authority (EDA) recommended denial of the request. The Planning Commission recommended approval of the request for a three year time period. Ms. McPherson stated that Council previously allowed a gymnastics facility as an interim use permit in the Elk River Business Park. Mayor I~inzing opened the public hearing. Rick Martens, Partner of Elk River Business Park-Stated that he expects some flexibility with the allowable uses for the Business Park. He stated that the building has had vacancies for two and a half years. He further stated that businesses such as the fitness facility have unique space and cost needs. Karla Donner, Applicant-Stated that she is beginning a new business and needs to establish a client base before she can afford to construct a new building. Mayor I~inzing closed the public hearing. Councilmember Motin commented that he has heard there is not enough industrial spots available in Elk River but yet the spaces that are available are not filling up with businesses. Councilmember Tveite stated that he could support the permit for three years but was not comfortable with five years as the economy is uncertain. City Council Minutes October 20, 2003 ............................. Page 11 6.10. 6.11. Councilmember Kuester stated that she would support the permit for three years. She stated that she didn't feel the Elk River Business Park was an appropriate spot for the Business Park zoning due to its location and access. Ms. Donner stated that a three year interim use permit would not be enough time to be profitable before moving or constructing a new facility. Councilmember Dietz questioned if the permit timeframe could be extended. He stated that the city has already given an interim use permit for a gymnastics facility in the Elk River Business Park and should remain consistent with past policy. Mayor KJinzing questioned if the fitness facility use is appropriate in commercial areas or the Business Park. She stated that the YMCA has been looking for space in office parks. She stated that a fitness facility can be seen as an amenity to employees in the Business Park. COUNCILMEMBER DIETZ MOVED TO APPROVE THE INTERIM USE PERMIT FOR FOUR YEARS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Motin opposed. Councilmember Motin suggested that the EDA review the types of usage for Business Park zoning. Request by City of Elk River for an Ordinance Amendment to &dlow Cemeteries as a Conditional Use in the R1 and R3 Zoning Districts, Public Hearing-Case No. OA 03-06 Senior Planner Scott Harlicker submitted the staff report. Planner Chris Leeseberg presented the report. Mr. Leeseberg stated that staff is requesting to amend the zoning code to allow cemeteries as a conditional use in the R1 and R3 Districts. He stated that the existing cemeteries are located on property that is zoned R1 and R3 and no improvements can be made to them as they are a non-conforming use. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned what the requirements are for establishing a cemetery. He is concerned about where a cemetery can be placed. City Attorney Peter Beck stated that there are state statutes regulating cemeteries that can be referenced. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03-16 AMENDING SECTION 30-991 AND SECTION 30-994 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Church of St. Andrews for a Conditional Use Permit to &dlow Construction of a 32'X24' Storage Garage, Public Hearing-Case No. CU 03-30 Senior Planner Scott Harlicker submitted the staff report. Planner Chris Leeseberg presented the report. Mr. Leeseberg stated that St. Andrews Church is requesting a conditional use City Council Minutes October 20, 2003 ............................. Page 12 6.12. 6.13. 6.14. permit to construct a garage to store equipment and supplies for a cemetery. He discussed zoning requirements and Planning Commission action. Mayor Klinzing opened the public hearing. Tom Kaempfer, Administrator of St. Andrews Church-Stated that he was available for any questions. Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT TO ST. ANDREWS CHURCH TO CONSTRUCT A GARAGE WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. IF THE GARAGE IS TO BE EXPANDED FOR ANY REASON, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE EXISTING STORAGE BUILDING SHALL BE REMOVED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Ravia Real Estate, LLC for Prelimina~ and Final Plat Approval (,The Pines Town Office Park 2'~ Addition), Public Hearing-Case No. P 03-08 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that Ravia Real Estate LLC., is requesting that Lots 1-5, Block 2, of the Pines Town Office Park First Addition be platted into one lot. She stated that the applicant would like to change the building from townhome to condominium designation. Mayor I~inzing opened the public hearing. There being no one to speak to this issue, Mayor I~inzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE PRELIMINARY PLAT AND TO ADOPT RESOLUTION 03-71 GRANTING FINAL PLAT APPROVAL OF THE PINES TOWN OFFICE PARK 2ND ADDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Victor Pacheco for Rezoning of Certain Proper~ from Rlc (Single Family Residential) to R3 (,Townhouse/Multiple Family Residential), Public Hearing-Case No. ZC 03-06 Request by Victor Pacheco for Prelimina~ Plat Approval of Boulder Point, Public Hearing- Case No. P 03-11 City Council Minutes October 20, 2003 ............................. Page 13 Planner Chris Leeseberg submitted the staff report. He stated that Suburban Land Development is requesting to rezone certain property from Rld (Single Family Residential) to R3 (Townhouse District) and is also requesting preliminary plat of Boulder Point. He discussed zoning, landscaping, park dedication requirements, and Planning Commission action. Mr. Leeseberg stated that Lot 1, Block 1 does not meet the 50 foot setback requirement. Mayor Klinzing opened the public hearing. Victor Pacheco, Project Manager-Gave an overview of Boulder Point. Mayor Klinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE ZONE CHANGE OF CERTAIN PROPERTY FROM RID TO R3 BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY AFFECT ADJACENT PROPERTIES OR LAND USES. 3. THE REQUEST PROVIDES AN OPPORTUNITY FOR SEVERAL DIFFERENT HOUSING TYPES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Planning Commissioner Peter Lemke gave an update on the Planning Commissions discussion regarding the variance request. Councilmember Motin questioned if there were other buildings as close to the highway. He stated concern over visibility at the site. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT OF BOULDER POINT WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT IS PREPARED AND EXECUTED OUTLYING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. SURFACE WATER MANAGEMENT FEE IS PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes October 20, 2003 ............................. Page 14 PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT IS PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 6. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. ° A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENTS COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. ° A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. ALL MAILBOXES SHALL BE CLUSTERED. 14. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF-SITE OR ON-SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 16. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes October 20, 2003 ............................. Page 15 17. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE- HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 18. A VARIANCE OF 12.6-FEET SHALL BE GRANTED TO ALLOW LOT-l, BLOCK-1 TO BE CONSTRUCTED AS PROPOSED. 19. IF A VARIANCE OF 12.6-FEET IS TO BE GRANTED, ADDITIONAL SCREENING SHALL BE PLANTED AS SHOWN. 20. THE APPLICANT SHALL OBTAIN AND COMPLY WITH THE REQUIREMENTS OF AN NPDES PERMIT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.15. 6.16. Holt Avenue Parking Discussion Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that Council requested staff to investigate on street parking on Holt Street near Simonson's Mall. She stated that staff has completed spot checks of the site and found between three and eight cars parked on the street at different times of the day. She stated that at these times there have been parking spots available in the parking lot. Ms. McPherson discussed some options to eliminate the on street parking. Councilmember Tveite stated that if no parking signs were installed on one side of the street citizens might start parking across the street. COUNCILMEMBER TVEITE MOVED TO APPROVE THE INSTALLATION OF NO PARKING SIGNS ON THE EAST SIDE OF HOLT STREET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution to Reject the Bids for the Cascade Industrial Park Improvements City Engineer Terry Maurer stated that bids were opened for the Cascade Industrial Park Improvements. He stated that the developer petitioned for the improvements and is now requesting to withdraw the request as they have a pending sale for the industrial park. Mr. Maurer stated that costs for the project will be assessed back to Cascade. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-72 REJECTING ALL BIDS IN THE MATTER OF THE CASCADE INDUSTRIAL PARK IMPROVEMENT OF 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes October 20, 2003 ............................. Page 16 6.17. Consider Request for Mn/DOT Speed Study City Engineer Terry Maurer stated that there are certain road segments in Elk River that do not have speed limits or signs established and Mn/DOT needs a resolution from the city in order to perform speed studies in these areas. He stated that speed limit signs would be installed temporarily until the speed studies could be performed, which may not happen for six months. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-73 REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION PERFORM SPEED STUDIES ON LOCAL STREETS WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.18. Update on City Transportation Issues City Engineer Terry Maurer stated that he has been begun monthly meetings with Dave Schwarting at Sherbume County to discuss transportation issues within the city. He asked for two volunteers from the Council to attend these meetings on a quarterly basis. He stated that two county commissioners will also be participating on these meetings. Councilmembers Tveite and Kuester volunteered to attend these meetings. City Administrator Pat Klaers stated that staff would be meeting with Mn/DOT on Wednesday, October 29, 2003 to discuss the Highway 169 Interregional Corridor. Mr. Klaers stated that this meeting would replace the tour that the city usually takes with Mn/DOT each year. Mayor Klinzing suggested that the city and county schedule annual tours around Elk River to review transportation issues. 6.19. Consider Offer for Emporium Site Director of Planning Michele McPherson stated that the city has received an offer in the amount of fgS.00 per square foot for the Emporium site located at the northeast corner of Highway 169 and Main Street. She stated that the offer is from Jerry and Diane Gobel, owners of the Ron's Food site. Ms. McPherson stated that property in the area is selling for twice the amount, the city is unsure of Mn/DOT's plans for the Highway 169 corridor, and the city has been contacted by a couple of other commercial developers interested in the site. COUNCILMEMBER TVEITE MOVED TO DECLINE THE PURCHASE OFFER FROM THE GOBEL'S FOR PURCHASE OF THE EMPORIUM SITE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.20 Discuss Little Theatre Use The city reserved the Theatre for Council meetings for six months while City Hall is under construction. Community Education Administrator Charlie Blesener came forward after the Theatre was reserved and indicated that school staff would be unable to remove part of the stage for the meetings. City Administrator Pat Klaers stated that he talked with Mr. Blesener City Council Minutes October 20, 2003 ............................. Page 17 and the stage issue appears to be resolved. Mr. Blesener will review our meeting schedule and will be evaluating what it costs to have part of the stage removed for the Council meetings. 7. Other Business Councilmember John Dietz stated that he is concerned with all the vehicles parked in the vacant lot north of Menards. Ms. McPherson stated that she received a complaint from Phoenix Enterprises (owner of the vacant lot). She stated that staff has sent a letter to the Harley Davidson dealer across the street requesting the removal of the vehicle or else they will be tagged by the Police Department. 8. Staff Updates Mr. Klaers stated that Receptionist Julie Kragness submitted her resignation and that there may be a former employee interested in the position. Councilmember Kuester stated that Ms. Kragness was a professional and dedicated employee. It was the consensus of the Council to contact the former employee and/or for the city to advertise to fill the position. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION OF JULIE KRAGNESS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:20 p.m. Tina Allard Executive Secretary