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09-21-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 21, 1998 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Lori Johnson, Assistant City Administrator; Sandra Peine, City Clerk; Steve Wensman, Planner; Scott Harlicker, Planning Assistant; Steve Rohlf, Building and Zoning Administrator 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 Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 9/21/98 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED S-0. 3. Consider Consent A.qenda Item 6.6., Request by Cargill, Inc. for Appeal to Building Permit Denial Case No. GP 98-1, was added as Item 3.14. to the Consent Agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5, 3.6. 3.7. 3,9. CHECK REGISTER - APPROVED 9/10/98 CITY COUNCIL MINUTES - APPROVED 9/14/98 CITY COUNCIL MINUTES - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR REZONING, PUBLIC HEARING CASE NO. ZC 98-6 - POSTPONED TO 10/19/98- APPROVED REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 8TM ADDITION) PUBLIC HEARING CASE NO. CU 98-20 - POSTPONED TO 10/19/98 - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 8TM ADDITION) PUBLIC HEARING CASE NO. P 98-4 - POSTPONED TO 10/19/98 - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR REZONING, PUBLIC HEARING CASE NO. ZC 98-7 - POSTPONED TO 10/19/98- APPROVED REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT (HILLSIDE ESTATES 9TM ADDITION), PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED TO 10/19/98 - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 9TM ADDITION), PUBLIC HEARING CASE NO. P 98-5 - POSTPONED TO 10/19/98 - APPROVED Elk River City Council Minutes Page 2 September 21~ 1998 3.10. 3.11. 3.12a. 3.12b. 3.12c. 3.12d. 3.13. 3.14. REQUEST BY CITY OF ELK RIVER FOR AMENDMENT TO SUBDIVISION ORDINANCE FOR OPEN SPACE SUBDIVISION REGULATION, PUBLIC HEARING CASE NO. OA 98-3 - POSTPONED TO 11/16/98- APPROVED REQUEST BY VANCE FLORELL (RIB CAGE) FOR TEMPORARY USE PERMIT, CASE NO. GP 98-6- APPROVED PAY ESTIMATE #2 TO BAUERLY BROTHERS, INC., IN THE AMOUNT OF $144,868.55 FOR THE 1998 OVERLAY PROJECT- APPROVED PAY ESTIMATE #2 TO HARDRIVES, INC., IN THE AMOUNT OF $33,425.10 FOR THE UPLAND AVENUE SIGNAL IMPROVEMENTS - APPROVED PAY ESTIMATE #2 TO REDSTONE CONSTRUCTION, INC. IN THE AMOUNT OF $155,159.34 FOR THE BOSTON STREET, RAILROAD DRIVE, GUARDIAN ANGELS, AND JACKSON/HOLT IMPROVEMENTS - APPROVED PAY ESTIMATE #1 TO VEIT AND COMPANY IN THE AMOUNT OF $41,852.25 FOR THE LAKE ORONO SEDIMENT REMOVAL PROJECT - APPROVED TEMPORARY ONE DAY 3.2 BEER LICENSE FOR THE ELK RIVER LIONS - APPROVED REQUEST BY CARGILL FOR APPEAL TO BUILDING PERMIT DENIAL, CASE NO. GP 98-1 - POSTPONED INDEFINITELY- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Utilities Commission Update Councilmember Dietz updated the Council on issues discussed at the 9/15/98 Utilities Commission meeting. 4.2. Boys and Girls Club Update Councilmember Thompson updated the Council on Boys and Girls Club activities. 4.3. Community Recreation Update Community Recreation Director Jeff Asfahl updated the Council on the following issues: · Youthbound · Youthbound representing the City of Elk River in the Homecoming Parade · Skatepark · Skating Program at the Ice Arena 4.4. Proclamation Proclaimin.q October 1998 as Youth Month COUNCILMEMBER HOLMGREN MOVED TO ADOPT A PROCLAMATION OF THE CITY COUNCIL PROCLAIMING OCTOBER 1998 AS YOUTH MONTH. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Northstar Corridor Update Planning Assistant Scott Harlicker updated the Council on the Northstar Corridor Development Authority. He indicated that a series of three public workshops are scheduled for mid October. He informed the Council that the Commuter Rail Elk River City Council Minutes September 21, 1998 Page 3 Feasibility Study has identified the need for a central maintenance facility located midway along the corridor west of the station. He indicated that Elk River has been tentatively identified as a possible location for this facility. 4.6. Great River Roundtable Doug Clark from the Great River'Roundtable introduced himself. He indicated that the Great River Roundtable is an independent not-for-profit organization composed of citizens from Stearns, Sherburne, and Benton counties. He indicated that the Great River Roundtable also works with the St. Cloud Area Joint Planning District. The purpose of the organization is to identity and set priorities of where we want our communities to go in the next fifty years and how we will get there. He indicated that the Great River Roundtable will be holding several meetings in the three county area, including Elk River on October 5, 1998, at 7 p.m., and invited the members of the Council to attend. 4.7. School Street Improvement Project Mayor Duitsman indicated that this item has been withdrawn. 4.8. Update on Lake Orono Project Building and Zoning Administrator Steve Rohlf updated the City Council on the progress of the Lake Orono Sedimentation Removal project. He indicated the project is on schedule and will be completed by the end of October. 4.9. Wapiti Park Camp.qround Building and Zoning Administrator Steve Rohlf informed the Council that staff is continuing to work with the owners of Wapiti Park. The owners have been very cooperative and staff anticipates that the park will be in compliance with the conditions set by the Council by October 31. 4.10. Consider Purchase of Buildin.q Inspector Truck Building and Zoning Administrator Steve Rohlf informed the Council that the Building and Zoning department requesting to purchase a four wheel drive truck. He reviewed the reasons why he felt a four wheel drive was necessary for the department. Mayor Duitsman indicated that the two four wheel drive trucks already currently available in the department are adequate. Councilmember Dietz concurred with the Mayor, however he questioned what the Building and Zoning Administrator could cut in his budget to cover the added cost of a four wheel drive vehicle. Steve Rohlf indicated that he would be willing to cut the 1998 and 1999 Building and Zoning Administrator National Conferences. It was the consensus of the Council to make no decision on this issue until the City Administrator is present to further discuss the issue. COUNCILMEMBER DIETZ MOVED TO TABLE THIS ISSUE TO SEPTEMBER 28, 1998. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes September 21, 1998 Page 4 4.11. Request for Huntinq in Urban Service District Assistant City Administrator Lori Johnson informed the Council Chief of Police previously received Council authorization to give permission at his discretion to those requesting to hunt in the Pintail Ponds area. 5. Open Mike Steve Erhardt indicated that he owned property on 221,t Avenue and Quinn. He stated his concern with the poor condition of 221,t Avenue. He stated that he has continuously called the city and the gravel company regarding the dusty and "washboard" condition of the road. He contributed the condition of the road to the number of gravel trucks using the road. He questioned whether the city is receiving money from the gravel that is being hauled from the pits and, if so, what the money is used for. He further questioned whether MSA funds and/or gravel funds could be used to upgrade 221,t Avenue. Building and Zoning Administrator Steve Rohlf addressed the issues. He indicated that the city is working with Tiller Corporation and Midwest Asphalt Company to try to get a portion of the road paved. Dave Balanski of Midwest Asphalt was present and also addressed some of Mr. Erhardt's issues. He indicated that Midwest Asphalt has a water truck on site daily when the gravel is being hauled. He stated that he is interested in working with the neighbors and requested the neighbors to call him directly if there are any complaints. Jerry Jackson, resident of 221,t Avenue, questioned whether there were any other streets in Elk River which have the same amount of commercial traffic as 221,t. He further indicated that in 1997, the City of Elk River received $43,000 from the gravel operations. He questioned whether the units of measurement used to determine the amount of money received by the city and county is monitored and further questioned whether there has been an audit completed to ensure that the city and the county are receiving their fair share of money. He stated that the amount the county received five years ago was $135,000 and this year was $185,000. He felt that the amount of money received would have increased more than $50,000 in five years. Steve Rohlf indicated that inspections are done each year by the Building and Zoning staff prior to licensing being issued. He stated that gravel funds should be a possible source of funding to upgrade 221,t. It was the consensus of the Council to have the city engineer to review the issue and report back to the Council at a later date. 6.1. Request by lSD 728 for Conditional Use Permit, Public Hearing Case No. CU 98-22 Planning Assistant Scott Harlicker indicated that lSD 728 is requesting an amendment to a conditional use permit for construction of a storage building on Lot 8, Block 1, Ell< River Industrial Park. Scott Harlicker reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval. Elk River City Council Minutes September 21, 1998 Page 5 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 REQUEST FROM INDEPENDENT SCHOOL DISTRICT NO. 728 FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 950 FOOT STORAGE BUILDING WITH THE FOLLOWING CONDITIONS: ALL LANDSCAPING SHOWN ON THE APPROVED SITE PLAN WHICH HAS DIED SHALL BE REPLACED AND ALL THE CONDITIONS OF APPROVAL FOR CU 96-10 BE COMPLIED WITH. 2. THE CONSTRUCTION AREA BE FENCED TO PROTECT TREES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Elk River Ford Chrysler for Amendment to a Conditional Use Permit, Public Hearin.q Case No. CU 98-23 Planner Steven Wensman indicated that Elk River Ford Chrysler is requesting an amendment to a conditional use permit to expand the parts and service facility at 17219 Highway 10. Steven Wensman reviewed the staff report on this issue. 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 FARBER MOVED TO RECOMMEND APPROVAL OF AN AMENDMENT TO ELK RIVER FORD CHRYSLER'S CONDITIONAL USE PERMIT TO EXPAND A PARTS AND SERVICE FACILITY WITH THE FOLLOWING CONDITIONS: THAT NO LANDSCAPED AREA SHALL BE USED FOR PARKING OF VEHICLES OR STORAGE OR DISPALY OF MATERIALS OR MERCHANDISE. ° THAT THE APPLICANT WORK WITH STAFF TO FULFILL THE LANDSCAPE REQUIREMENTS AND SUBMIT A LANDSCAPE PLAN AS PER THE ELK RIVER ORDINANCE. THAT THE LANDSCAPED AREAS BE IRRIGATED INCLUDING PARKING ISLANDS. THAT SEWER AND WATER EASEMENTS FOR THE EAST ELK RIVER IMPROVEMENT BE GRANTED TO THE CITY AS DETERMINED BY THE CITY ENGINEER. THAT SEWER AND WATER IMPROVEMENTS BE COORDINATED WITH THE APPLICANT'S IMPROVEMENTS. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE. THAT ANY NEW SIGNS CONFORM TO THE ELK RIVER CITY ORDINANCE AND REQUIRED SIGN PERMITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes September 21, 1998 Page 6 6.3. Request by Oppidan, Inc. (Hollywood Video) for Conditional Use Permit, Public Hearinq Case No. CU 98-24 Planner Steven Wensman indicated that Oppidan, Inc., is requesting a conditional use permit to run a Hollywood Video store at 19179 Freeport Street NW. Steven Wensman indicated that the applicant proposes to demolish the former Wendy's Restaurant which closed in 1997, and build a 5,000 square foot Hollywood Video store with an attached 3100 square foot Leeann Chin Express. Steve Wensman reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval with seven conditions. Steven Wensman indicated that he has added an eighth condition which reads as follows: That the customer use area be limited to 40 percent of the 3,100 square foot restaurant in order to meet the required parking stalls. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Claudia Ryan, representing Oppidan, Inc., indicated that because Leeann Chin is proposed to be built on the west side of the lot, there would be no highway visibility from Highway 169. She indicated that the PUD regulations allow two sides of building signage. She requested the Council to consider allowing a third side for Leeann Chin only which would place signs on the northwest and south sides. Councilmember Holmgren questioned whether the parking would be improved. Claudia Ryan indicated that there would be an increase in the size of the parking lot. Mayor Duitsman entered into the record a letter from Kenneth M. Vinje, from Osborn Properties, requesting the Council not to allow a multi tenant building in the location proposed. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST BY OPPIDAN, INC. FOR A CONDITIONAL USE PERMIT TO RUN A HOLLYWOOD VIDEO STORE WITH THE FOLLOWING CONDITIONS, AND FURTHER THAT THE REQUEST FOR A SIGN ON THE THIRD SIDE OF LEEANN CHIN BE FORMALLY BROUGHT BACK TO THE COUNCIL AT A LATER DATE: 1. THE LANDSCAPING BE COMPLETED AS PER THE ELK RIVER CITY ORDINANCE. COMMENTS IN THE CITY ENGINEER'S MEMO DATED AUGUST 19, 1998, BE INCORPORATED INTO THE PLANS FOR APPROVAL. A PERMIT FROM MNDOT BE OBTAINED FOR ANY SITE WORK WITHIN THE HIGHWAY RIGHT-OF-WAY. 4. THE LANDSCAPED AREAS BE IRRIGATED INCLUDING PARKING ISLANDS. THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE AND THE ELK PARK CENTER PUD AGREEMENT. Elk River City Council Minutes Page 7 September 21~ 1998 SIGNS CONFORM TO THE ELK PARK CENTER PUD AGREEMENT AND THAT SIGN PLANS BE SUBMITTED FOR SIGN PERMITS. o THE DEVELOPER WORK WITH STAFF TO PROVIDE ARCHITECTURAL DETAILING AND SCREENING ON THE SOUTH ELEVATION OF THE BUILDING. THAT THE SIZE OF THE CUSTOMER USE AREA BE LIMITED TO 40 PERCENT OF THE 3,100 SQUARE FOOT RESTAURANT IN ORDER TO MEET PARKING REQUIREMENTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Wetland Conservation Act Decision, WCA 98-6 and Request by John Lenz for Easement Vacation, Public Hearin.q Case No. EV 98-6 Building and Zoning Administrator Steve Rohlf indicated that John Lenz is proposing to fill approximately 7,533 square feet of Type 2 wetland to accommodate a building site at Lot 1, Block 1, Parkview Addition. Steve Rohlf reviewed the staff report regarding this issue. Steve Rohlf indicated the vacation drainage and utility easements is associated with this request. 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 ADOPT RESOLUTION 98-104 VACATING DRAINAGE AND UTILITY EASEMENTS FOR CASE NO. EV 98-6. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PROPOSED FILLING, MITIGATION PLAN, AND EASEMENT VACATION AS REQUESTED BY JOHN LENZ WITH THE FOLLOWING STIPULATIONS: A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. THE REPLACEMENT WETLAND IS CREATED AS DESCRIBED IN STAFF'S MEMO FROM THE BUILDING AND ZONING ADMINISTRATOR DATED SEPTEMBER 21, 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Sand Companies, Inc. for Final Plat Approval (Elk River Retail Center 2nd), Case No. P 98-3 Planning Assistant Scott Harlicker indicated that the Sand Companies have made a request for final plat approval for Elk River Retail Center #2 located at Elk River Retail Center Lots 2, 3, and 4, Block 1. Scott Harlicker reviewed the staff report on this issue. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 98-105 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER RETAIL CENTER #2, CASE NO. P 98-3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes September 21, 1998 Page 8 7.1. Bauerly Brothers - Partners for Parks Presentation Jerry Lange, representing Bauerly Brothers, gave a presentation to the Council regarding Bauerly Brothers 30 year anniversary celebration. Mr. Lange indicated that Bauerly Brothers is offering a Partners for Parks program in the amount of $1,000. The City Council thanked Mr. Lange for his presentation. 8. Staff Updates 8.1. City's Insurance Policy Renewal Assistant City Administrator Lori Johnson indicated that the city's worker's compensation insurance policy has come up for renewal earlier than expected. She indicated that the rates have decreased and recommended continuing coverage with the Minnesota League of Cities and to continue the $5,000 deductible and the managed care program. Councilmember Dietz questioned the number of major claims the city had and questioned the possibility of increasing the deductible to $10,000. Lori Johnson indicated that there were no major claims in 1998, however she was not prepared to comment on how the $10,000 deductible would affect the city at this time. It was the consensus of the Council to review this issue again on Monday, September 28, 1998. 9. Adjournment There being no further business, Mayor Duitsman adjourned the meeting at 8:00 p.m. Respectfully submitted, Sandra Peine City Clerk