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01-18-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 18, 2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Peter Beck, City Attorney; Phil Hals, Street/Park Superintendent; Steve Wensman, Planner Also Present: Mike Chambers, Planning Commission Representative; John Kuester, Park and Recreation Commission Representative 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 Klinzing. 2. Consider A.qenda Mayor Klinzing noted that she would like to move the planning items before the administration items on the agenda. Councilmember Motin noted that Item 4.5., Update on Boards and Commissions, should be moved before the first planning item. The City Administrator added Item 4.6., Administrative Updates, under Administration. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCIl. MEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 1/10/00 COUNCIL MINUTES - APPROVED REQUEST TO ADJUST POLICE RESERVE WAGE FROM $10/HOUR TO $10.75/HOUR FOR THE YEAR 2000 - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4,5, Update on Boards and Commissions The city clerk gave a brief update as to the status of the board and commission appointments for the year 2000. Elk River City Council Minutes January 18, 2000 Page 2 6.1. 6.2. 6.3. COUNCILMEMBER DIETZ MOVED THE FOLLOWING APPOINTMENTS: STOEFEL REITSMA AND DAVE ANDERSON TO THE PARK AND RECREATION COMMISSION FOR THREE YEAR TERMS EXPIRING 2/28/03. GEORGE ZABEE TO THE UTILITIES COMMISSION FOR A THREE YEAR TERM EXPIRING 2/28/03. LARRY FARBER TO THE ICE ARENA COMMISSION AS CITY COUNCIL REPRESENTATIVE FOR A THREE YEAR TERM EXPIRING 2/28/03. RONALD JOHNSON TO THE ICE ARENA COMMISSION AS A PUBLIC REPRESENTATIVE FOR A THREE YEAR TERM EXPIRING 2/28/03. DANA ANDERSON TO THE ICE ARENA COMMISSION AS PARK AND RECREATION REPRESENTATIVE FOR A THREE YEAR TERM EXPIRING 2/28/03. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Interview Plannin.q Commission Applicants Director of Planning Michele McPherson noted that interviews have been scheduled for planning commission applicants Craig Richter, Michael Baker, and Howard Abel. She noted that Craig Richter has withdrawn his application and fun'her noted that Howard Abel has been informed of the two interview dates with the council, but has not appeared for any of the two. The City Council interviewed Michael Baker for the planning commission. Appoint Three Plannin.q Commission Members COUNCILMEMBER FARBER MOVED THE FOLLOWING APPOINTMENTS: JOHN MORPHEW TO THE PLANNING COMMISSION FOR A ONE YEAR TERM EXPIRING ON 2/28/01, TO COMPLETE THE TERM OF LESTER MORRIS. MICHAEL BAKER TO THE PLANNING COMMISSION FOR A THREE YEAR TERM EXPIRING 2/28/03, EFFECTIVE IMMEDIATELY TO COMPLETE THE TERM OF DORAN COTE. MARK PEDERSON TO THE PLANNING COMMISSION FOR A THREE YEAR TERM EXPIRING 2/28/03. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Applebee's Restaurant for Si.qn Variance, Public Hearin.q Case No. V 99-17 Director of Planning Michele McPherson stated that the Applebee's Restaurant, located at 18891 Freeport Street, is requesting a variance to allow a fourth wall sign so that the business may be identified from Highway 169. She indicated that City Code limits the number of wall signs in the C3 Highway Commercial District to three. Michele noted that the board of adjustments voted 3-2 to deny the request Elk River City Council Minutes January 18, 2000 Page 3 for a variance because the applicant does not meet the five conditions required for a variance. Michele noted that staff concurs with the board of adjustments. Councilmember Farber stated that he does not agree with staff's interpretation that the sign on the west side of the building is two signs. He feels that the sign on the west side of the building is one sign. After discussion by the council it was the consensus that the council disagreed with staff's interpretation that the sign on the west side of the building is two signs. It was the consensus that the council interpreted the sign on the west side of the building to be one sign and, therefore, a sign variance would not be required by Applebee's. COUNCILMEMBER THOMPSON MOVED TO DENY THE VARIANCE FOR A FOURTH SIGN REQUESTED BY APPLEBEE'S RESTAURANT BECAUSE OF THE INTERPRETATION ISSUE NEGATING THE NEED FOR A VARIANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,4. Request by Donald and Ruth Allen for Administrative Subdivision, Public Hearin.q Case No. AS 00-01 Planner Steve Wensman stated that Donald and Ruth Allen have requested an administrative subdivision to subdivide a 5.8 acre parcel into a 3.0589 acre lot and a 2.7394 acre lot in the Rla zoning district. The property is located at 17575 Fillmore Street NW. Steve reviewed the staff report on this request. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DONALD AND RUTH ALLEN TO SUBDIVIDE A 5.8 ACRE PARCEL INTO A 3.0589 ACRE LOT AND A 2.7394 ACRE LOT WITH THE FOLLOWING CONDITIONS: THE DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY, TEN FOOT INSIDE THE FRONT AND REAR PROPERTY LINES AND FIVE INSIDE THE SIDE PROPERTY LINES, FOR BOTH PARCELS PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. PARK DEDICATION FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY FOR EACH OF THE NEW LOTS BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. THE LOT SURVEY BE REVISED AND SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION WITH THE COUNTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes January 18~ 2000 Page 4 6.5. 6.6 Request by AC Total Body Care for Therapeutic Massa.qe, Public Hearin.q Case No. CU 99-35 Director of Planning Michele McPherson stated that Anne~e Miller of AC Total Body Care is requesting a conditional use permit to allow therapeutic massage at a new salon located at 18857 Freeport Avenue. Michele reviewed the staff report on this request and noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST BY AC TOTAL BODY CARE TO ALLOW THERAPEUTIC MASSAGE AT 18857 FREEPORT AVENUE WITH THE FOLLOWING CONDITION: A MASSAGE THERAPIST LICENSE BE OBTAINED PRIOR TO COMMENCEMENT OF SERVICES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Valvoline Instant Oil Chan.qe for a Conditional Use Permit, Public Hearin.q Case No. CU 99-37 Councilmember Thompson removed himself from the council dais due to a conflict of interest with this issue. Planner Steve Wensman noted that Valvoline Instant Oil Change has requested a conditional use permit to construct an oil change shop in the Hillside Crossing Planned Unit Development located at Lot 3, Block 2, Hillside Crossing, Elk River, Minnesota. Steve Wensman reviewed staff report for this request. He noted that the Planning Commission recommended approval of the conditional use permit. Mayor Klinzing opened the public hearing. Mark Gilbertson, 11050 Highway 55, Plymouth, MN, was present representing Valvoline Oil Company. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY VALVOLINE INSTANT OIL CHANGE TO CONSTRUCT A BUILDING AT THE LOCATION OF LOT 3, BLOCK 2, HILLSIDE CROSSING WITH THE FOLLOWING CONDITIONS: THE MUGHO PINES BE MAINTAINED AT A HEIGHT OF 4-6 FEET TO SCREEN HEADLIGHT GLARE FROM EVANS STREET. THE PARKING STALLS, HANDICAP STALLS, AND STACKING LANES BE STRIPED AS REQUIRED BY CITY ORDINANCE. Elk River City Council Minutes January 18~ 2000 Page 5 6.7. 6.8. 3. THE SITE BE ILLUMINATED AS REQUIRED BY CITY ORDINANCE. ANY SIGNS CONFORM TO THE HILLSIDE CROSSING PUD AGREEMENT AND A SIGN PERMIT BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGNS. 5. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. A CONDITIONAL USE PERMIT BE APPLIED FOR IF THE USE OF THE PROPERTY CHANGES FORM THE INSTANT OIL CHANGE TO A FULL SERVICE AUTOMOTIVE REPAIR OPERATION. THE BUILDING BE CONSTRUCTED WITH BROWN TONE BLOCK COMPATIBLE WITH THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Thompson abstained due to a conflict of interest. Request by Greenber.q Farrow for Preliminary and Final Plat, Home Depot Addition, Public Hearin.q Case No. P 99-14 Request by Greenber.q Farrow for Conditional Use Permit, Public Hearin.q Case No. CU 99-36 Senior Planner Scott Harlicker stated that Greenberg Farrow has requested a preliminary and final plat for Home Depot Addition and a conditional use permit for a 120,000 square foot home improvement store located at Elk River Crossing at the southeast corner of Main Street and Highway 169. Scott Harlicker reviewed the staff report on these issues. Mayor Klinzing opened the public hearing. Todd Mosher, representing Home Depot, talked about staff's recommendation to provide curbing along the front of the building to provide a distinct separation between the drive isle and the sidewalk. Mr. Mosher noted that this has not been done with any of the other Home Depot stores. It was the consensus of the council that the curbing would not be required. Michael Chambers, Planning Commission Representative, requested clarification regarding some of the requirements in staff's memo. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT FOR THE HOME DEPOT ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. THE NORTH BOUNDARY OF LOT 1 BE ADJUSTED TO ALLOW FOR THE ENCLOSED STORAGE AREA TO BE PLACED ON THE NORTH SIDE OF THE HOME DEPOT BUILDING. Elk River City Council Minutes January 18, 2000 Page 6 COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-07 GRANTING FINAL PLAT APPROVAL FOR HOME DEPOT ADDITION, CASE NO. P 99-14 WITH THE TWO CONDITIONS NOTED IN THE PRELIMINARY PLAT APPROVAL. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY HOME DEPOT TO CONSTRUCT A 120,000 SQUARE FOOT HOME IMPROVEMENT STORE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. THE CONDITIONAL USE PERMIT IS CONTINGENT UPON FINAL PLAT BEING APPROVED FOR HOME DEPOT ADDITION. THE LANDSCAPE PLAN BE REVIEWED AND APPROVED BY STAFF AND INCLUDE A 10 FOOT WIDE LANDSCAPE AREA ON THE SOUTH SIDE OF THE GARDEN CENTER, AND ADDITIONAL SHADE TREES PLANTED IN THE PARKING ISLANDS IN FRONT OF THE STORE. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. 4. ALL SIGNAGE SHALL BE REQUIRED TO APPLY FOR A CITY SIGN PERMIT. NO FREESTANDING SIGN HAS BEEN APPROVED AS PART OF THIS CONDITIONAL USE PERMIT. ANY FUTURE EXPANSIONS OR ALTERATIONS TO THE SITE SHALL REQUIRE A CONDITIONAL USE PERMIT. THE RACKS WITHIN THE OUTDOOR STORAGE AREA/GARDEN CENTER SHALL BE PAINTED BLACK AND STORAGE SHALL NOT EXTEND ABOVE THE TOP OF THE FENCE. SEMI TRAILERS, DROPPED TRAILERS OR CONTAINERS OR OTHER TRUCKS SHALL NOT BE KEPT ON SITE OR USED FOR STORAGE. THE OUTDOOR GARDEN CENTER SHALL BE FOR SEASONAL DISPLAY, SALES AND STORAGE OF GARDEN CENTER RELATED GOODS ONLY. 10. MAXIMUM SQUARE FOOTAGE FOR WALL SIGNAGE SHALL NOT EXCEED 789 SQUARE FEET. 11. A TEMPORARY SPLIT RAIL FENCE SHALL ENCLOSE THE TEMPORARY GARDEN CENTER AREA. THE USE OF THIS AREA SHALL BE LIMITED TO THE SALE AND DISPLAY OF GARDEN MATERIALS WHICH SHALL BE REMOVED NO LATER THAN JULY 10TM. 12. THE PROPOSED ORANGE ROOF ON THE REAR STORAGE AREA SHALL BE CHANGED TO BROWN. Elk River City Council Minutes January 18~ 2000 Page 7 13. THE BOLLARDS IN THE FRONT OF THE BUILDING SHALL BE PAINTED BROWN TO MATCH THE EXTERIOR OF THE BUILDING. 14. CURBING SHALL BE INSTALLED IN FRONT OF RETAIL "A" AND THE PERIMETER OF THE LANDSCAPED AREA SOUTH OF THE GARDEN CENTER. 15. THE PROPOSED STORAGE AREA LOCATED AT THE NORTHEAST CORNER OF THE BUILDING BE MOVED TO THE NORTH SIDE OF THE BUILDING. 16. THE PROPOSED CANTILEVERED OUTDOOR STORAGE RACKS ON THE REAR OF THE BUILDING BE LOCATED ON THE NORTH SIDE OF THE BUILDING. 17. OUTDOOR STORAGE AND/OR DISPLAY OF MATERIALS IS PROHIBITED EXCEPT FOR THE DESIGNATED AREA IN FRONT OF THE STORE OR WITHIN THE OUTDOOR GARDEN CENTER. 18. OUTDOOR STORAGE, OUTSIDE OF THE BUILDING OR WITHIN THE GARDEN CENTER, OF PALLETS, BOXES, BUNDLED CARDBOARD OR OTHER PACKAGING MATERIAL, BROKEN MERCHANDISE OR MERCHANDISE NOT NORMALLY SOLD WITHIN THE GARDEN CENTER IS PROHIBITED. 19. THE DISPLAY AREA LOCATED ON THE NORTH SIDE OF THE "LUMBERYARD PICK UP" AREA SHALL BE ELIMINATED. 20. PRODUCT SHALL NOT BE STORED ON THE 45' X 60' CONCRETE PAD AREA OVERNIGHT. 21. THE AREA IN FRONT OF THE SEASONAL SALES SHALL NOT BE USED FOR PARKING OR LOADING AND SHALL BE POSTED AS SUCH. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Administrative Updates City Administrator Pat Klaers informed the City Council that Director of Economic Development Paul Steinman has submitted his resignation. COUNCILMEMBER THOMPSON MOVED TO REGRETTABLY ACCEPT PAUL STEINMAN'S RESIGNATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the council that the county has requested a joint meeting with the City Council at the Sherburne County Government Center on April 10, 2000 at 7 p.m. The City Administrator informed the council that annual reports will be given by the department heads at the April 24 City Council meeting, Elk River City Council Minutes January 18, 2000 Page 8 The City Administrator noted that the School Board is requesting a joint meeting with all city councils and township boards in the school district for Monday, February 7, 2000 at 7 p.m. in the band room at Meadowvale Elementary School. The City Administrator noted that if a quorum of the council is going to be present, a special meeting should be called. He informed the council that this issue would be discussed at the January 24, 2000 City Council meeting. The City Administrator requested permission from the council to advertise for an experienced wastewater treatment plant employee. It was the consensus of the council to authorize advertisement for the position. Councilmember Dietz left the meeting at this time (7:40 p.m.) 6.9. Final Plat of Windsor Park, Public Hearin.q Case No. P 99-12 Planner Steve Wensman stated that Dynamics, Lamm, and Dehrer have requested a final plat of Windsor Park. Steve noted that this is the first plat to fall under the open space preservation plat ordinance (duster development). He further noted that the preliminary plat was approved by the council on December 20, 1999, which included a 31 single family residential clustered subdivision with over 50 percent of the development permanently protected by a conservation easement as open space. He stated that the final plat consists of 26 single family lots and outlots A, B, C, and D. Steve Wensman reviewed staff report on this issue. Discussion was held by the council as to whether the Minnesota Land Trust or the homeowners association should be given the endowment to enforce the conditions of the easement. It was the consensus of the council that the endowment be provided to the Minnesota Land Trust. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-08 GRANTING FINAL PLAT APPROVAL FOR WINDSOR PARK, CASE NO. P 99-12. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Utilities Commission Update No update was provided as Councilmember Dietz was absent from the meeting at this time. 4.2. Northstar Corridor Update Senior Planner Scott Harlicker provided the council with an update of the January 6, 2000 Northstar Corridor Development meeting. Elk River City Council Minutes January 18, 2000 Page 9 4.3. Acknowled.qe Receipt of Certificate of Achievement for Finance Department City Administrator Pat Klaers informed the council that the finance department has received the Certificate of Achievement for Excellence in Financial Reporting for the 1998 fiscal year. He noted that this is the tenth consecutive year the award has been achieved by the finance department. He commended finance department employees Lori Johnson, Lori Ziemer, Joan Frick, and Lauren Wipper. 4.4. Consider School District Request to Enforce No Parkin,q Restrictions at Oak Knoll Parkin.q Lot City Administrator Pat Klaers stated that the school district has requested that the city and the school district enter into a joint powers agreement that would allow the police department to enforce no parking restrictions in the Oak Knoll parking lot, which is owned by the school district. The city administrator noted that the city attorney has discussed this issue with the school district attorney and both feel that a joint powers agreement could be drafted to address this request. Councilmember Farber indicated he would like to discuss this issue with the School Board prior to drafting the joint powers agreement to find out the School Board's future plans for parking. Councilmember Motin questioned how the school handles improper parking in the other parking lots. It was the consensus of the City Council to discuss this issue with the School Board at the joint meeting on January 24. 7. Staff Updates 7.1. Review A.qenda Topics for Joint City Council/School Board Meetin.q Agenda topics for the joint School Board and City Council meeting on January 24 were discussed. The city administrator encouraged the council to contact him with any issues they may want to add to the agenda. Councilmember Farber left the meeting at this time (8:10 p.m.) 5. Open Mike Mark Coombs, 18547 Cleveland, requested the council to take some action regarding the detour of County Road 12. He noted that speeding became a problem in his area off of County Road 40 when the detour was put in place last year. The City Council indicated that Mr. Coombs should contact Sherburne County as this is a county matter. It was further noted that the chief of police would be contacted regarding this issue. 8. Other Business There was no other business. Elk River City Council Minutes January 18, 2000 Page 10 Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 8:20 p.m. Sandra Peine City Clerk