Loading...
03-15-1999 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 15, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: Staff Present: Also Present: None Lori Johnson, Finance Director; Sandra Peine, City Clerk; Scott Harlicker, Planning Assistant; Steve Wensman, Planner; Peter Beck, City Attorney; Terry Maurer, City Engineer; Assistant Fire Chief, Mike Trunnel Mike Chambers, Planning Commission Representative 1. Call Meetino 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 Klinzing. 2. Consider Aoenda e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE MARCH 15, 1999, CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aoenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. . 3/8/99 COUNCIL MINUTES - APPROVED ZONE CHANGE REQUEST BY MEADOWVALE BUILDERS, PUBLIC HEARING, CASE NO. ZC 99-2 - POSTPONED TO 4/19/99 PRELIMINARY PLAT REQUEST BY MEADOWVALE BUILDERS FOR MEADOWVALE TOWN HOMES, PUBLIC HEARING, CASE NO. P 99-5 - POSTPONED TO 4/19/99 CONDITIONAL USE PERMIT REQUEST BY MEADOWVALE BUILDERS, PUBLIC HEARING, CASE NO. CU 99-4 - POSTPONED TO 4/19/99 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO PERTAINING TO OPEN SPACE DEVELOPMENT, PUBLIC HEARING, CASE NO. OA 98-3 -- POSTPONED TO 5/17/99 REQUEST FOR REZONING BY PHOENIX ENTERPRISES (HILLSIDE 9TH) PUBLIC HEARING, CASE NO. ZC 98-7 - POSTPONED TO 5/17/99 REQUEST FOR PRELIMINARY PLAT BY PHOENIX ENTERPRISES (HILLSIDE 9TH) PUBLIC HEARING, CASE NO. P 98-5 - POSTPONED TO 5/17/99 REQUEST FOR CONDITIONAL USE PERMIT FOR PUD BY PHOENIX ENTERPRISES (HILLSIDE 9TH) PUBLIC HEARING, CASE NO. C 98-21 - POSTPONED TO 5/17/99 REQUEST BY JIM SCHOERS FOR GENERAL PLANNING PERMIT TO ALLOW A TEMPORARY GREENHOUSE, GARDEN CENTER AT COBORN'S PARKING LOT- APPROVED WITH 4 CONDITIONS LISTED IN STAFF MEMO Elk River City Council Minutes March 15. 1999 Page 2 e 3.10. REQUEST BY CUB FOODS FOR GENERAL PLANNING PERMIT TO ALLOW A TEMPORARY GREENHOUSE, GARDEN CENTER AT CUB FOODS PARKING LOT - APPROVED WITH 4 CONDITIONS LISTED IN STAFF MEMO 3.11. REQUEST BY TARGET FOR GENERAL PLANNING PERMIT TO ALLOW A TEMPORARY GREENHOUSE, GARDEN CENTER AT TARGET PARKING LOT- APPROVED WITH 4 CONDITIONS LISTED IN STAFF MEMO COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1 . Consider Approval of New Firefiahters Mike Trunnel addressed the memo to the Mayor and Council from the Fire Chief relating to the appointments of paid On-Call Firefighters. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE APPOINTMENTS OF FOUR APPLICANTS, AS RECOMMENDED BY THE FIRE DEPARTMENT PERSONNEL COMMITTEE, TO FILL THE POSITIONS OF PAID ON-CALL FIREFIGHTER BASED ON SUCCESSFUL COMPLETION OF THE FIREFIGHTER PHYSICALS AND STRESS TESTS: . CORY ALTMAN . NATE DITTBENNER . GARY LORE . MARK WALLACE COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Boys and Girls Club Update e Council member Thompson updated the Council on the progress of the Boys and Girls Club. He stated that construction is planned to begin this week and that a $45,000 grant was received from the Bureau of Justice. 4.3. Utilities Commission Update Council member Dietz updated the Council on the March 9, 1999, Utilities Commission meeting. He indicated that due to the upcoming retirement of Bob McCartney, the Commission agreed to review the merits of combining the water and sewer department. 4.4. Northstar Corridor Update Scott Harlicker updated the Council on the March 4th meeting of the Northstar Corridor Development Authority. Mayor Klinzing suggested that the Council begin the process of rating sites for the railroad station. 4.5. Update on Anoka-Hennepin Technical Colleae Expansion and/or Relocation Plans . Mayor Klinzing updated the Council on the issue of the proposed expansion and/or relocation plans for Anoka-Hennepin Technical College. The plan is to either move the existing technical college from Anoka to Ramsey, or to expand the existing Anoka Community College to allow room for the technical college. She indicated that she is in favor of locating the technical college in Ramsey. Elk River City Council Minutes March 15. 1999 Page 3 e 5. Open Mike No one appeared for open mike. 6.1. Reauest by Art Peterson for Preliminary & Final Plat Approval (Star Liaht Estates) , Public Hearinq, Case No. P 99-3 Planning Assistant Scott Harlicker indicated that Art Peterson is requesting Preliminary and Final Plat approval for the plat of Star Light Estates. Scott explained that the applicant is proposing to plat 16.29 acres into one residential lot of 2.5 acres and one outlot of 13.35 acres. Scott Harlicker reviewed the staff report on this issue. He stated that the Park and Recreation Commission will address park dedication fees at the time the outlot is developed. No fees are currently due, as a house currently exists on the platted property. Scott further indicated that the St. Louis Park Gun Club abuts the applicant's property on the north, and has expressed concern about the impact of the proposed plat. Mayor Klinzing opened the public hearing. Vie Arshamble - President of the St. Louis Park Gun Club, noted the Gun Club's concerns regarding the vicinity of the outlot. He stated that when the outlot is developed, the range would be less than 500 feet from the developed outlot which would put the Gun Club out of compliance with the firearms ordinance. Mr. Arshamble stated that the gun club does not want to relocate the trap shoot area because the only place to relocate would be onto a preserved prairie. e Discussion was held regarding the impact the proposed plat would have on the st. Louis Park Gun Club. It was noted that the Gun Club has been in existence for many years, and has been a good neighbor. The Council discussed the consequences of developing the outlot. The question arose as to whether the gun club would be out of compliance or whether the city should prohibit development until compliance is met. Counsel Beck indicated that there would be a conflict with the firearms ordinance, however, a decision would be made at the time a development proposal is brought forward. George Zabee indicated that the issue should be dealt with prior to the sale of the outlot. Mr. Zabee suggested that the Attorney research the possibility of grandfathering the Gun Club, and the possibility of a variance for the Gun Club. Cliff Lundberg indicated that the Gun Club is an Elk River facility. He stated that the only way to resolve the issue is to revise the firearms ordinance. Discussion was held regarding the possibility of the Gun Club purchasing land from Mr. Peterson. Mr. Peterson indicated that he is not in a position to sell at this time, however, it could be a possibility in the future. Discussion was held as to whether the intent of the firearms ordinance is to deal with plats or lots. Also discussed was the issue of whose responsibility it is to provide the 500 foot buffer, the property owner or the gun club. e Mayor Klinzing left the public hearing open to allow for public comment when this issue is brought back to the council. Elk River City Council Minutes March 15. 1999 Page 4 . COUNCILMEMBER DIETZ MOVED TO CONTINUE THE PRELIMINARY AND FINAL PLAT AND THE PUBLIC HEARING TO APRIL 5, 1999, TO ALLOW THE CITY AnORNEY TO RESEARCH THE ISSUE FURTHER. COUNCILMEMBER MOTIN SECONDED THE MOTION. Roger Paulson indicated that there may be property to the east that will also be in violation at the time the owner wishes to develop. Peter Beck suggested an amendment to the firearms ordinance that would provide an exception when trap shooting is directed away from platted property. He suggested the following language: "Except when shooting on a permanent shooting pad directed away from the platted area". Councilmember Motin questioned the purpose of the 500 feet and requested that a minimum buffer be required. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT TO THE FIREARMS ORDINANCE TO ALLOW EXCEPTIONS FOR TRAP SHOOTING WHEN SHOOTING AWAY FROM PLAnED AREAS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Reauest by Plaisted Comoany for a Conditional Use Permit Amendment. Public Hearina Case No. CU 99-2 e Steve Wensman, Planner, indicated that Plaisted Company has made application for an amendment to a conditional use permit to allow a temporary storage building. The storage building will be used for the processing and storage of peat soils and vehicle storage. The building is being considered as a temporary storage as it lies within the reclamation area and in close proximity to a possible county road connection between Brook Road and County Road No. 33. Steve Wensman reviewed the staff report on this issue. He noted that the Planning Commission recommended approval of the request. Discussion took place regarding the definition of temporary. Council member Farber questioned the need to conform to architectural standards. Planning Commissioner Chambers indicated it was added in anticipation of a road going by the property. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT FOR PLAISTED COMPANY TO ALLOW A TEMPORARY STORAGE BUILDING WITH THE FOLLOWING CONDITIONS: 1. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND THE RECOMMENDATIONS OF THE ELK RIVER BUILDING AND ZONING DEPARTMENT. . 2. THAT THE BUILDING BE ACCESSIBLE BY EMERGENCY VEHICLES AND Elk River City Council Minutes March 15. 1999 Page 5 . CONSTRUCTED TO SPECIFICATIONS RECOMMENDED BY THE CITY ENGINEER. 3. THAT THE BUILDING BE LIMITED TO THE PROCESSING AND STORAGE OF SOILS AND VEHICLE STORAGE. 4. THAT THE BUILDING BE CONSIDERED TEMPORARY AND CAN BE REMOVED FOR RECLAMATION OR ROAD CONSTRUCTION PURPOSES ONCE THE MINERAL EXCAVATION HAS CEASED. 5. THAT THE BUILDING CONFORM TO THE ELK RIVER ARCHITECTURAL STANDARDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Heritaae Landing Administrative Subdivision. Public Hearina. Case No. AS 99-1 Stephen Wensman indicated that Heritage Landing Development is requesting an Administrative Subdivision to create one new lot from a 7.14 acre parcel; Parcel A - 5.78 acres and Parcel B-1 .36 acres. He noted that Parcel B contains a large wetland which is undefined at this time. He further noted that staff is unsure as to whether Parcel B is buildable. The property is located south of Highway 10 and west of Waco Street. Steve Wensman reviewed the staff report on this issue. He noted that staff is proposing to postpone this request until the applicant can provide wetland delineation. e Mayor Klinzing opened the public hearing. Richard Kincannen. indicated that the boundary of the property can be extended allowing for a larger buildable area. He further indicated that the definition of the building site has not yet been determined. and that at this point it would be prohibitive to spend money for wetland delineation. Council member Thompson indicated that the Council needs to know the actual building space prior to acting on the request. Dennis Chuba indicated that the property will be used for billboard advertising at the present time. and that there is no immediate need to determine wetlands. There being no one for or against the matter. Mayor Klinzing closed the public hearing. Peter Beck suggested not dividing the property at this time. and to place the sign on the property as the principal use. The sign could then be removed or placed on a separate parcel when the property is subdivided. The City Engineer indicated that another solution would be to consider a worse case scenario for the wetland. and to determine how far the lot line would have to move, giving the developer a better idea of the buildable lot line. It was the consensus of the Council to have the applicant to discuss the issue further with staff. e COUNCILMEMBER FARBER MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL APRIL 19, 1999, TO ALLOW THE APPLICANT TIME TO DISCUSS THIS ISSUE FURTHER WITH STAFF. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes March 15.1999 Page 6 e 6.4. Request by Phoenix Enterprises for Preliminary Plat and Final Plat (Northbound Crossinqsl, Public Hearinq - Case No. P99-6 6.5. Request by Phoenix Enterprises for Conditional Use Permit (Northbound Crossinas, Public Hearinq - CU 99-5 Stephen Wensman indicated that Phoenix Enterprises is requesting preliminary and final plat approval to subdivide 6.62 acres into two commercial lots. He stated that the applicant is also requesting a conditional use permit to construct 26,415 square feet of commercial development. Steve reviewed the staff report on these issues. Mayor Klinzing opened the public hearing for the preliminary plat. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT OF NORTHBOUND CROSSINGS REQUESTED BY PHOENIX ENTERPRISES AND TO ADOPT RESOLUTION 99-25 APPROVING FINAL PLAT FOR NORTHBOUND CROSSINGS CONTINGENT ON THE CONDITIONS LISTED IN THE RESOLUTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing opened the public hearing for the conditional use permit. There being no one for or against the matter Mayor Klinzing closed the public hearing. e COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PHOENIX ENTERPRISES TO CONSTRUCT 26,415 SQUARE FEET OF COMMERCIAL DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. THAT THE LANDSCAPING CONFORM TO THE ELK RIVER CITY ORDINANCE 2. THAT IRRIGATION BE PROVIDED IN LANDSCAPED AREAS INCLUDING THE PARKING ISLANDS AS REQUIRED BY THE ELK RIVER CITY ORDINANCE 3. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE AND THE HILLSIDE CROSSING PUD AGREEMENT. 4. THAT SIGNS CONFORM TO THE HILLSIDE CROSSING PUD AGREEMENT AND THE ELK RIVER SIGN ORDINANCE. ALL SIGN PLANS MUST BE SUBMITTED FOR SIGN PERMITS. 5. THAT THE MONUMENT SIGN BE LOCATED OUTSIDE DRAINAGE AND UTILITY EASEMENTS. 6. THAT A CROSS PARKING EASEMENT BE PLACED BETWEEN THE TWO LOTS. 7. THAT CONSTRUCTION PLANS BE SUBMITTED FOR REVIEW BY THE CITY ENGINEER. e 8. THAT THREE ADDITIONAL FIRE HYDRANTS BE LOCATED ON SITE AS DIRECTED BY THE CITY ENGINEER. Elk River City Council Minutes March 15. 1999 Page 7 . 9. THAT THERE BE NO OUTSIDE STORAGE OF DONATED ITEMS. 10. THAT ANY OUTSIDE STORAGE OF GARBAGE BE CONTAINED IN A TRASH ENCLOSURE WITH A GATE TO MATCH THE PRINCIPAL STRUCUTURE AND LOCATED AS DIRECTED BY CITY STAFF. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Reauest by Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk River Crossina, Public Hearina Case No. P 98-8 6.7. Reauest by Associated Developers of the Twin Cities, Inc. for Conditional Use Permit. Public Hearina Case No. CU 98-26 Scott Harlicker indicated that Associated Developers has requested preliminary plat approval to split 70.71 acres into 9 commercial lots and 20utlots. He indicated that the developer has also requested a conditional use permit for a 70.71 acre commercial Planned Unit Development. The property is located at the southeast corner of Highway 169 and Main Street. Scott reminded the Council that this issue was considered on March 8, and the public hearing had been opened at that time. He noted that the developer was not present, therefore, the Mayor continued the public hearing. Mayor Klinzing requested public comment. e Anthony Gleekel, Associated Investors, stated that one issue of concern is the definition of the road being public or private. He stated he had no problem with the road being public right-of-way. Scott Harlicker indicated that Council had concerns with the access roads regardless of the road being public or private. Council discussion pursued regarding the number of proposed access points. It was the consensus of the Council that the number of access points must be reduced. Mayor Klinzing opened the public hearing for the preliminary plat. MAYOR KLINZING MOVED TO DIRECT ENGINEERING STAFF TO PUT TOGETHER PLANS FOR THIS ROAD AS IF IT WERE A NEW CITY STREET (SERVICE DRIVE) AND THAT THERE BE ADEQUATE ACCESS TO THE PARKING LOTS CURRENTLY PROPOSED AND ADEQUATE ACCESS TO FUTURE PARKING LOTS. Tony Gleekel indicated that they have met with the Planning Commission and staff, and have thoroughly discussed these issues. MAYOR KLINZING WITHDREW HER MOTION DUE TO LACK OF A SECOND. e Mayor Klinzing indicated that she is looking at a road similar to a service drive with limited access points. Council member Thompson stated that he does not see the design of the road changing, however, the number of access points must be limited. Councilmember Dietz requested the City Engineer study the access points and also stated he does not see the need to relocate the road. Council member Motin suggested using Elk Park Center as a model. Elk River City Council Minutes March 15. 1999 Page 8 . Bob Galetz, 183rd Court, questioned whether the road is a 2 or 4 lane road, and whether the road conflicts with MnDOT's future plans for limited accesses. Scott Zirott, Hohlen's Trailer Park - stated he has relocation costs for which he has not been paid. He stated that approval should not be granted to the developer until his situation is rectified. Tony Gleekel stated that they followed the state statute and city ordinance in dealing with the.trailer park residents. Mayor Klinzing informed Mr. Zirott that he must deal with the landowner on this issue. Mayor Klinzing indicated she would leave the public hearings open. Terry Maurer noted that the traffic study recommends a number of improvements to Main Street at Hwy. 169. He noted that this report is being reviewed, and recommends that when the report comes back, the improvements be in place prior to occupancy of buildings. Scott Harlicker asked the Council if there were concerns other than the roads and traffic. The Council did not have other concerns with the development. COUNCILMEMBER FARBER MOVED TO CONTINUE THE PUBLIC HEARING AND ACTION ON THE PRELIMINARY AND FINAL PLAT TO APRIL 19,1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER FARBER MOVED TO CONTINUE THE PUBLIC HEARING AND ACTION ON THE CONDITIONAL USE PERMIT TO APRIL 19, '1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Council member Motin updated the Council on the recent Community Recreation Board meeting. He noted that the School District is looking for ideas as to where to relocate one of the baseball fields that will be lost due to the school parking lot expansion. The School District is also looking for proposals or suggestions for the relocation of a new elementary school on the eastern side of the city. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, MAYOR KLINZING ADJOURNED THE COUNCIL MEETING. The meeting of the Elk River City Council adjourned at 8:30 P.M. ~~:~~--"-_R-hr~.P c~ . Sandra Peine City Clerk