3.1. SR 06-21-1999
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**ITEM 3.1.a.**
River
MEMORANDUM
TO:
Mayor and City Council
FROM:
Sandra Peine, City Clerk
DATE:
June 21, 1999
SUBJECT: May 17, 1999 City Council Minutes
At the June 14 Council meeting Councilmember Motin requested
that the May 17 minutes be tabled. Council requested staff to review
the audio tape for item 6.9 relating to the conditional use permit for
Meadowvale Builders, Inc. The issue of concern related to tree
replacement as a condition of the conditional use approval.
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Mer reviewing the tape, it was revealed that the only item not
mentioned in the motion was "that the conifers be a minimum of 8
feet." This language has been added to the motion.
The other issue related to item 6.1 relating to a conditional use
permit for home occupation requested by Kenneth Jordan. The
minutes failed to reflect the following language: "No retail sales
shall be allowed from the home." This language has been added to
the minutes.
COUNCIL ACTION REQUESTION:
Motion to approve the 5/17/99 Council minutes as amended.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 17, 1999
Members Present:
Mayor Klinzing, Councilmembers Dietz, Farber, Motin,
and Thompson
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Terry Maurer, City Engineer;
Peter Beck, City Attorney; Scott Harlicker, Planning
Assistant; Steve Wensman, Planner; Phil Hals, Streets/Parks
Superintendent; Debbie Huebner, Recording Secretary
Also Present:
Michele Bergh, Interim Community Recreation Director;
Stoffel Reitsma and Lana Huberty, Park & Recreation
Commissioners
1. Call Meetina To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6: 1 0 p.m. by Mayor Klinzing.
2.
Consider 5/17/99 Aaenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE 5/17/99 AGENDA.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent Aaenda
COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1. 511 0/99 CITY COUNCIL MINUTES - APPROVED
3.2. REQUEST BY DEBBIE'S PRODUCE (GREGORI COK) FOR TEMPORARY PRODUCE
MARKET AT MARTIN PLAZA, CASE NO. GP 99-6 - APPROVED
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1 . Bovs & Girls Club Update
Councilmember Thompson provided an update to the Council on this item. John
Fitzgerald, Executive Director for the Boys and Girls Club, was present to discuss
signage for the club. He suggested that the city move its Lions Park sign closer to
the entrance off Jackson. The Council and staff also discussed the possibility of a
combined sign for the club and Lions Park. Staff will continue to research this
issue. Any signage will conform to the city's sign ordinance.
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4.2.
City Council Minutes
May 17,1999
Page 2
Utilities Commission Update
Councilmember Dietz updated the Council on recent Utilities Commission items.
He stated that the commission discussed wage issues which were on the May 11,
1999, Utilities Commission agenda. The commission voted 2-1 in favor of
increasing the linemen's wages 3.75%; however, they also voted to increase the
employee participation in insurance coverage from 6% to 16% for 1999, and to
20% for 2000. The office staff wages were also increased 3.75%. Commissioner
Dietz indicated that Bob McCartney will be retiring in 1999. He noted that the
issue of having one person supervise both the water and sewer departments was
discussed, but no action was taken by the Utilities Commission.
4.3. Northstar Corridor Update
Planning Assistant Scott Harlicker stated that a final decision has not been made
on the station location and is not expected until fall. Scott noted that staff met
with BRW and will be having future meetings with them to discuss site location
and station design.
4.4. Discussion on Communitv Recreation Program
5.
The receipt of a letter from the Park and Recreation Commission was noted.
Councilmember Motin indicated that at the May 12, 1999, Community
Recreation Board meeting they discussed the recently-vacated community
recreation director position. The discussion centered on whether to continue the
current structure of the position or to reorganize. Councilmember Motin
explained three options as follows:
1. Continue the Joint Powers Agreement as it currently exists
2. Place the community recreation program under community education
3. Have the City of Elk River take over the recreation program and combine with
parks to create a new parks and recreation department.
City Administrator Pat Klaers indicated that the youth organizations are pleased
with the field scheduling and the summer programs are planned to run on
schedule.
Discussion followed regarding the possibility of a city parks and recreation
department. Mayor Klinzing indicated that she would find it difficult to discuss this
option without cost and revenues information. Councilmember Thompson
indicated he felt it was critical to know whether or not Otsego will continue the
Joint Powers Agreement.
It was the consensus of the Community Recreation Board to place this issue on
the next Council agenda in order to respond to the Park and Recreation
Commission's letter requesting direction.
Open Mike
No one appeared for Open Mike.
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City Council Minutes
May 17, 1999
Page 3
6.1.
Request bv Kenneth Jordan for Conditional Use Permit for Home Occupation,
Public Hearinq Case No. CU 99-14
Staff report by Scott Harlicker. Ken Jordan, 18990 Twin Lakes Road, has requested
a conditional use permit to conduct a catering business as a home occupation.
Mr. Jordan's business, Pigs Unlimited, Inc., is a pig-roasting food service which is
operated off-site at a customer's location. Staff recommends approval of the
request with the conditions outlined in the staff report. Scott reviewed a letter
from a neighboring property owner, Janet Cardinal, expressing her objection to
the request. Ms. Cardinal stated that she felt an additional home occupation in
the area would increase traffic.
Mayor Klinzing opened the public hearing. There being no comments from the
public, Mayor Klinzing closed the public hearing.
It was the consensus of the Council members that this home occupation request
would generate very little traffic.
COUNCILMEMBER DIETZ MOVED APPROVAL OF THE REQUEST BY KEN JORDAN FOR A
CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-14, WITH THE
FOLLOWING CONDITIONS:
1. THE DUMPSTER SHALL BE STORED INSIDE ONE OF THE EXISTING STORAGE
BUILDINGS.
2. THE APPLICANT RECEIVE ALL NECESSARY HEALTH DEPARTMENT APPROVALS.
3. GREASE GENERATED AS A RESULT OF THIS BUSINESS BE STORED INSIDE.
4. NO EXTERIOR STORAGE OF EQUIPMENT AND VEHICLES USED IN THE BUSINESS.
5. ANY SIGNAGE WILL BE LIMITED TO 2 SQUARE FEET AND MOUNTED ON THE
HOUSE.
6. NO RETAIL SALES SHALL BE ALLOWED FROM THE HOME.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2. Request bv City of Elk River for Easement Vacation for Ridaewood Hills Plat Public
Hearinq Case No. EV 99-2
Staff report by Scott Harlicker. As a result of a legal proceeding involving a
dispute over the north property line in the Ridgewood Hills plat a request has
been made to vacate the north 30 feet of the 215th Avenue right-of-way. As a
condition of approval of the easement vacation, the property owner of Lot 1,
Block 1, is asked to grant the City a 30 foot easement along the south side of the
right-of-way of 215th Avenue for streets, drainage and utilities.
Mayor Klinzing opened the public hearing.
Mr. James Golembeck, legal representative for the City of Elk River, explained the
adverse possession claim by Ms. Madeline Moos and the resulting settlement.
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City Council Minutes
May 17,1999
Page 4
Cecilia Scheel, resident on 215th Avenue, asked if all the property owners on 215th
Avenue would be getting their property back. Mr. Golembeck indicated that the
other property owners' issues are not part of this settlement.
There being no further public comment Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTlN MOVED TO APPROVE RESOLUTION NO. 99-40, VACATING
THE NORTH 30 FEET OF THE RIGHT-OF-WAY FOR 215TH AVENUE, PUBLIC HEARING
CASE NO. EV 99-2, WITH THE FOLLOWING CONDITION:
1. THE PROPERTY OWNER OF LOT 1, BLOCK 1, GRANT AN ADDITIONAL 30 FOOT
EASEMENT ALONG THE SOUTH SIDE OF THE RIGHT-OF-WAY FOR 215TH AVENUE
FOR STREETS, DRAINAGE AND UTILITIES.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3.
Request bv Rivers Crossina for Easement Vacation, Public Hearina Case No.
EV 99- 1
Staff report by Steve Wensman. Rivers Crossing, Inc. has requested vacation of a
portion of a drainage easement on Lot 3, Block 8, Brentwood Addition. The
applicant wishes to vacate the high ground for the existing easement and grant
the city five foot drainage and utility easements along the common lot lines of
lots 3 and 4 to improve drainage from a low point on 195th to the lowland in the
rear of lots 3 and 4.
Mayor Klinzing opened the public hearing.
Dave Weatherly, 19479 Lowell Street, expressed his concern that if the drainage
were moved he would be faced with an increased drainage problem on his
property.
Iraj Ezati, 19498 Lowell Street expressed his concern that the existing drainage
problem in the neighborhood will be increased.
City Engineer Terry Maurer explained that drainage easement proposed to be
vacated does not seNe any purpose. He stated he is aware of the drainage
problems that are often found in 2-1/2 acre subdivisions such as this, and, as there
is no storm sewer or curb and gutter, storm calculations were not required with
the original platting.
Gary Santwire, applicant, indicated that the proposed easements should improve
drainage in the area.
There being no further comments from the public, Mayor Klinzing closed the
public hearing.
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City Council Minutes
May 17,1999
Page 5
COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION NO. 99-41, VACATING
A PORTION OF THE DRAINAGE EASEMENT ON LOT 3, BLOCK 8, BRENTWOOD
ADDITION, WITH THE FOLLOWING CONDITIONS:
1. THAT THE APPLICANT GRANT 10 FOOT DRAINAGE AND UTILITY EASEMENTS
ALONG THE COMMON LOT LINES OF LOTS 3 AND 4, BLOCK 8, BRENTWOOD
ADDITION.
2. THAT ALL CONCERNS OF THE CITY ENGINEER BE ADDRESSED.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.4. Request bv John Weicht & Associates for Variance, Public Hearina Case No. V
99-5
Staff report by Steve Wensman. John Weicht and Associates, on behalf of
Furniture and Things, Inc" has requested a variance from the parking/drive aisle
property setback. This item was denied by the Board of Adjustments at their April
28, 1999, meeting. Steve indicated that staff recommends denial of the variance
and reviewed the criteria necessary for granting a variance.
Mayor Klinzing opened the public hearing.
John Weicht, 13330 Island View Drive, applicant, explained that the drive aisle
was for emergency vehicles only and that the fire chief has indicated he does
not have a problem with the proposal. He indicated that no landscaping would
be needed in the area proposed to be used for the drive aisle, since the
landscaping requirements can be met.
There being no comments from the public, Mayor Klinzing closed the public
hearing.
Councilmember Thompson asked how much the building size would have to be
reduced in order to provide the required drive aisle. Mr. Weicht indicated the
building would have to be reduced by 1,300 square feet. Mr. Weicht noted that
staff's suggestion to create angles on the building would not be aesthetically
pleasing.
Councilmember Motin indicated that he did not feel there was a problem if the
fire chief was satisfied that there was adequate room for a fire truck to maneuver
around the building and no landscaping was needed in that particular area. He
indicated his only concern was that the drive aisle be kept free of snow. Steve
Wensman indicated that the fire chief did not feel the area needed to be
plowed.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST BY JOHN WEICHT AND
ASSOCIATES FOR A VARIANCE TO ALLOW A GRAVEL DRIVE AISLE WITHIN THE 10
FOOT SETBACK FROM THE PROPERTY LINE, PUBLIC HEARING CASE NO. V 99-5, BASED
ON THE FOLLOWING FINDINGS:
1. VISUAL AESTHETICS FOR GREEN SPACE NEEDS ARE MET
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City Council Minutes
May 17,1999
Page 6
2. THE APPLICANT HAS PROVIDED THE ABILITY TO HAVE ACCESS FOR EMERGENCY
VEHICLES
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1.
Councilmember Dietz opposed.
6.5. Request bv Gopher State Mini Storaae for Conditional Use Permit, Public Hearina
Case No. CU 99-10
Staff report by Steve Wensman. Gopher State Mini Storage has requested a
conditional use permit to expand the existing mini-storage buildings and
construct a new mini-storage building located on Lot 5, Block 1, McChesney
Industrial Park.
Mayor Klinzing opened the public hearing.
Gary Dehaley, engineer for the project, discussed revisions in the plans regarding
parking, signage, and drainage.
There being no other public comments, Mayor Klinzing closed the public hearing.
Terry Maurer discussed his concern regarding the proposed valley gutter. He
questioned what will happen in the spring if the snow is pushed into the pond
area. He indicated that some type of overflow is necessary to protect the
property to the south.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST FOR A
CONDITIONAL USE PERMIT BY GOPHER STATE MINI STORAGE, PUBLIC HEARING CASE
NO. CU 99-10, WITH THE FOLLOWING CONDITIONS:
1. THAT THERE BE NO OUTSIDE STORAGE.
2. THAT DRIVEWAYS LESS THAN 24 FEET WIDE BE POSTED ONE-WAY.
3. THAT ANY NEW SIGNS CONFORM TO THE ELK RIVER SIGN ORDINANCE AND
THAT A SIGN PERMIT BE OBTAINED PRIOR TO INSTALLATION OF ANY NEW
SIGNS.
4. THAT A TEN FOOT DRAINAGE AND UTILITY EASEMENT BE GRANTED TO THE
CITY ALONG THE NORTH PROPERTY LINE.
5. THAT A FIVE FOOT EASEMENT BE GRANTED TO THE CITY ACROSS THE SITE
UNDER THE RELOCATED UTILITY GUY-WIRE.
6. THAT WRITTEN PERMISSION FROM THE PROPERTY OWNERS IS PROVIDED PRIOR
TO ANY CONSTRUCTION OR GRADING ON ADJACENT PROPERTIES.
7. THAT ALL CONCERNS OF THE CITY ENGINEER BE ADDRESSED PRIOR TO
CONSTRUCTION OR GRADING.
8.
THAT A MINIMUM SIZE OF 6 FOOT CONIFERS, 2" BB DECIDUOUS OVERSTORY
TREES AND 1.54" BB ORNAMENTAL TREES BE PLANTED ON SITE AS REQUIRED
BY CITY ORDINANCE.
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City Council Minutes
May 17,1999
Page 7
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.6.
Request bv Mel Beaudry for Setback Variance, Public Hearina Case No. V 99-6
Staff report by Steve Wensman. Mel Beaudry has requested a 15 foot front yard
setback variance in order to build a home closer to the street where the grade is
at a higher elevation. Mr. Beaudry feels that placing the home at the 50 foot
setback will require constructing a more expensive home and septic system. Staff
recommends denial of the request based on the fact the applicant does not
meet 3 of the 5 criteria necessary for granting a variance.
Mayor Klinzing opened the public hearing.
Dale Wagner, neighbor to Mr. Beaudry's property, expressed his support for the
variance. He stated he would like to see Mr. Beaudry's home placed at a similar
setback to his home.
Mel Beaudry, applicant, indicated that he disagrees with staff's
recommendations and feels that he should be allowed to follow the setbacks
that were in place when the other homes in this plat were constructed. He noted
that his lot is the last lot to be built on in the subdivision. Mr. Beaudry submitted a
letter from Jim Leuer Construction which states that it is not possible to fit a home
on this lot within the required setbacks, without placing the home on low land.
Mayor Klinzing asked staff if it would be possible to build within the setbacks.
Steve Wensman indicated he could not make that determination without seeing
the plans.
Councilmember Farber indicated he felt the house should be built in line with the
neighboring homes and did feel a hardship exists.
Councilmember Motin indicated he felt the situation was unique and met the
requirements for a variance.
There being no further public comment, Mayor Klinzing closed the public hearing.
MAYOR KLINZING MOVED TO APPROVE THE VARIANCE REQUEST BY MEL BEAUDRY,
PUBLIC HEARING CASE NO. V 99-6, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES THAT
ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH
ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE
IN THE SAME AREA.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD
DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME
DISTRICT UNDER THE TERMS OF THIS ORDINANCE. THE HOME WILL COMPLY WITH
THE SETBACK STANDARD THAT WAS IN PLACE AT THE TIME THE LOT WAS PLATTED
AND THE STANDARDS HAVE SUBSEQUENTLY BEEN CHANGED.
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6.7.
6.8.
6.9.
City Council Minutes
May 17, 1999
Page 8
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF
THE PETITIONER'S OWN ACTION OR INACTION.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,
SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD
WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND
INTENT OF THE ORDINANCE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Mayor Klinzing called a recess at this time (7:55 p.m.)
The City Council reconvened at 8:02 p.m.
Reauest by Meadowvale Builders, Inc. for Zone Change, Public Hearina Case No.
ZC 99-2
Request by Meadowvale Builders, Inc. for Preliminary Plat (Meadowvale
Townhomes), Public Hearina Case No. P 99-5
Request by Meadowvale Builders, Inc. for Conditional Use Permit Public Hearina
Case No. CU 99-4
Staff report by Scott Harlicker. Meadowvale Builders has requested a rezoning,
preliminary plat and conditional use permit to construct a 26 unit townhouse
project. Scott indicated that the proposal was postponed by the City Council
because of issues regarding density, loss of trees, and the private road width. The
plat has been revised to reflect a reduction of 1 town home unit elimination of
the berm along the western property line, and an attempt to preserve 25 existing
trees.
Mayor Klinzing opened the publiC hearing for the zone change, preliminary plat
and conditional use permit requests.
Jay Hill of John Oliver and Associates, representing the developer, indicated that
they have removed one unit from the proposed project. Mr. Hill explained that
the density is 2.4 units per acre including the wetland complex, and 5.2 acres per
unit without the wetlands. He noted that townhome zoning allows up to 7.2 units
per acre. Mr. Hill noted that the trees will be disturbed very little by eliminating
the berm along the western side of the property, and that by reducing the path
width to 6 or 8 feet there would be even less impact on the trees.
Discussion followed regarding the width of the private roads in the development.
Scott Harlicker indicated that the fire chief was satisfied with the 24 foot road
width as long as no on-street parking was allowed. Road widths of other
townhome projects was also discussed.
Commissioner Dietz questioned what leverage the city has to require
replacement of trees if the ones that were saved die later. City Attorney Peter
Beck explained that the city currently does not have a tree preservation
ordinance, but that the PUD zoning allows the city to impose conditions not
addressed in the ordinances.
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City Council Minutes
May 17, 1999
Page 9
The Council, staft and the developer discussed alternatives for saving trees along
the trail, including reducing the width of the trail, and/or meandering through the
trees and slightly into the right-of-way.
Further discussion followed regarding replacing trees based on the caliper of the
tree that is lost (example, replacing a 12" caliper tree with six 2" caliper trees). Mr.
Caswell stated that the problem with this plan is there is no place to put that
many trees. A citizen in the audience spoke to say that it is not realistic to
replace trees in this manner and they need to look how large the replacement
trees will be at maturity. Councilmember Motin suggested that excess trees
could be placed on other property, such as city parks.
There being no further public comment, Mayor Klinzing closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY MEADOWVALE
BUILDERS FOR A REZONING FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD
(PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. P 99-5, WITH THE
FOLLOWING CONDITIONS:
1. THE DENSITY OF THE TOWNHOUSE DEVELOPMENT IS CONSISTENT WITH
CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL).
2. THE PROJECT IS SERVICED BY A MINOR ARTERIAL ROADWAY WHICH SHOULD
BE ABLE TO HANDLE ANTICIPATED TRAFFIC GENERATED BY THIS PROJECT.
3.
THE REZONING IS A LOGICAL TRANSITION IN LAND USE BETWEEN SINGLE
FAMILY RESIDENTIAL TO THE WEST AND LIGHT INDUSTRIAL TO THE EAST.
4. THE EXISTING INFRASTRUCTURE IS SIZED ACCORDINGLY TO SERVICE THE
PROPERTY.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST BY MEADOWVALE
BUILDERS FOR PRELIMINARY PLAT (MEADOWVALE TOWNHOMES), CONSISTING OF 26
TOWN HOME UNITS, PUBLIC HEARING CASE NO. P 99-5, WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
3. ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 3/15/99
AND 4114199 BE INCORPORATED INTO THE FINAL PLAT.
4. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED
THROUGHOUT THE PLAT.
City Council Minutes
May 17,1999
Page 10
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6.10.
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A 10 FOOT WIDE TRAIL BE INSTALLED ALONG MEADOWVALE ROAD WHICH
MEANDERS THROUGH THE TREES AND VARIES IN DISTANCE FROM
MEADOWVALE ROAD, IN ORDER TO PRESERVE THE TREES.
6. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5.
7. SURFACE WATER MANAGEMENT FEES TO BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
8. ALL NECESSARY WETLAND PERMITS BE OBTAINED PRIOR TO COMMENCING
ANY WORK IN THE WETLANDS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY MEADOWVALE
BUILDERS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-4,
WITH THE FOLLOWING CONDITIONS:
ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMOS DATED 3/15/99
AND 4114199 BE INCORPORATED INTO THE PLANS.
MINIMUM STREET WIDTH OF 24 FEET SHALL BE PROVIDED. THE STREETS SHALL
BE SIGNED FOR NO PARKING.
CONCRETE CURB AND GUTTER BE INSTALLED THROUGHOUT THE PROJECT.
A MINIMUM DISTANCE OF 22 FEET BE MAINTAINED BETWEEN ANY GARAGE
AND THE ROADWAY.
ALL LANDSCAPED AREAS SHALL INCLUDE UNDERGROUND IRRIGATION.
THE TURN AROUND AT THE SOUTH END SHALL BE SIZED APPROPRIATELY TO
ACCOMMODATE EMERGENCY VEHICLES.
STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES.
THE TREES TO BE PRESERVED AS SHOWN ON THE PLANS SHALL BE MARKED
AND PROTECTED DURING CONSTRUCTION. IF ANY OF THESE TREES DIE
WITHIN 2 YEARS OF COMPLETION OF CONSTRUCTION, THE DEVELOPER SHALL
REPLACE THOSE TREES WITH AN EQUAL NUMBER OF CALIPER INCHES OF
TREES THAT MEET THE CITY REQUIREMENTS FOR SIZE AND SPECIES AND THAT
THE CONIFERS BE A MINIMUM OF 8 FEET.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Reauest bv Gary Martin for Conditional Use Permit to Park Semi in Residential
Zonina District Public Hearina Case No. CU 99-7
Staff report by Steve Wensman. Gary Martin has requested a conditional use
permit to park a semi-tractor and trailer on a residential (Rl a) property. Steve
reviewed the history of complaints filed by Meadowvale Forest residents. He
City Council Minutes
May 17,1999
Page 11
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noted that over the years, 3 different staff members tried unsuccessfully to
address the nuisance problems. Steve indicated that the Planning Commission
recommended approval of the request with the conditions outlined in the staff
report, and with the additional condition that the parking be restricted to parking
of the semi-tractor only. Steve indicated that if the Council decided to approve
the conditional use permit, staff asks that conditions be included to clean up the
debris on the property and that the applicant comply with the city's nuisance
ordinance.
Mayor Klinzing opened the public hearing.
Gary Balcom, 10450 Victoria Lane, expressed his concern regarding the noise,
smell, and smoke from the semi tractor. He asked that if the Council approves
the conditional use permit, that the permit be revoked if Mr. Martin violates the
nuisance ordinance. He stated that he has safety concerns in allowing Mr. Martin
to bring a trailer home, as well as the impact on the proposed overlay. Mr.
Balcom stated that having a semi trailer in a residential neighborhood is unsightly
and affects their property values.
Joe Miske, 20431 Meadowvale Road, indicated that if he had known there would
be a semi parked in his neighborhood he would not have bought his property.
He indicated that he did not have a problem with Mr. Martin parking the tractor
only in his yard.
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Gary Martin, applicant, indicated that he owns his own tractor and parks it in his
yard one or two times per week. He stated that he has mufflers on the truck now,
so that it runs quieter. Mr. Martin felt that since he pays taxes for the roads, he
should not be denied access to his property. Mr. Martin stated he is still working
with Sherburne County to obtain a driveway permit onto Meadowvale Road. He
noted that he realized that his yard was a mess and he is in the process of
cleaning it up. Mr. Martin explained that he does not operate a home business,
nor does he store equipment on his property. Mr. Martin indicated he is a
responsible, cautious driver and obeys weight restrictions.
Steve Stoffers, 14029 Victoria Lane, stated he was concerned that if the new road
overlay was done on Victoria Lane, it would be destroyed by Mr. Martin backing
a trailer into his driveway. He also expressed his concern for safety. Mr. Stoffers
did not feel it was necessary for Mr. Martin to bring his tractor or trailer home,
since the company Mr. Martin works for has a secured, fenced parking lot in
Zimmerman.
Mark Grimmer, 20446 Meadowvale Road, stated his objection to Mr. Martin being
allowed an access onto Meadowvale Road and having the city pay for it, since
he previously tried to obtain one at his own cost, and was denied. Mr. Grimmer
also expressed concerns regarding safety of the 19 children living on Victoria
Lane, damage to the road and decreased property values from having a semi
tractor and trailer parked in the neighborhood. Mr. Grimmer stated he does not
object to allowing Mr. Martin to park the tractor only on his property.
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Steve Stoffers, 14029 Victoria Lane, asked if Mr. Martin would be doing any
maintenance on his tractor. Mr. Martin stated he may occasionally repair lights,
but oil changes and any other maintenance would be done off-site. Mr. Martin
explained that if he were granted the access from the county road, he would not
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City Council Minutes
May 17,1999
Page 12
need to back his trailer into his driveway. He noted that he could park his tractor
and trailer at DaRan's lot but it is a convenience to park it at his home, especially
when he is only going to be home for a short period of time.
Joan Scheer, 1109 School Street, stated she did not feel that residents present
should have the right to speak on behalf of the entire neighborhood.
There being no further comments from the public, Mayor Klinzing closed the
public hearing.
Discussion followed regarding whether or not it would be appropriate to approve
the semi tractor only. Councilmember Thompson expressed his concern that Mr.
Martin's actions have affected a large number of semi tractor drivers in the city
that have not caused any problems.
MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY GARY MARTIN FOR A
CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR ON RESIDENTIAL PROPERTY,
PUBLIC HEARING CASE NO. CU 99-7, WITH THE FOLLOWING CONDITIONS:
1. THAT THE PERMIT APPLIES TO THE PARKING OF THE SEMI-TRACTOR ONLY.
THAT ANY DRIVEWAYS SHALL BE WELL DEFINED, A MAXIMUM WIDTH OF 30
FEET AT THE STREET RIGHT-OF-WAY, AND PAVED WITH A DUST-FREE, ALL-
WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, SUCH AS A CLASS V
GRAVEL, AS APPROVED BY THE CITY ENGINEER. ALSO, THAT ALL DRIVEWAYS
BE SETBACK 5 FEET FROM ANY PROPERTY LINES AND PAVED PRIOR TO
OCTOBER 1,1999.
3. THAT IF A DRIVEWAY ACCESS OFF OF MEADOWVALE ROAD IS APPROVED BY
THE COUNTY, THE CITY MAY REQUIRE THE DRIVEWAY BE REMOVED IF AND
WHEN SEMI-TRACTOR PARKING IS NO LONGER NEEDED, OR IF THE TRUCKING
OPERATION INVOLVES MORE THAN ONE SEMI-TRACTOR.
2.
4. THAT ANY VEHICLES ON THE PROPERTY BE LICENSED AND IN OPERABLE
CONDITION AND PARKED ON PARKED ON A DUST -FREE, ALL-WEATHER
SURFACE WITH PROPER SURFACE DRAINAGE.
5. THAT ANY EXPOSED EARTH BE PLANTED WITH SOD OR GRASS SEED AND
PROPERLY MAINTAINED.
6. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS.
7. THAT THE PROPERTY OWNER COMPLY WITH THE CITY'S NUISANCE
ORDINANCE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.11 . Reauest bv Associated Developers, Inc. for Preliminarv Plat (Elk River Crossina),
Public Hearina Case No. P 98-8
6.12. Reauest bv Associated Developers, Inc. for Conditional Use Permit Public Hearina
Case No. CU 98-26
City Council Minutes
May 17,1999
Page 13
.
Staff report by Scott Harlicker. Associated Developers has requested preliminary
plat approval to subdivide 70.71 acres into 9 commercial lots and 20utlots. They
have also requested a conditional use permit for a 70.71 acre commercial
planned unit development CPUD).
Terry Maurer explained that the estimated number of trips per day from Main and
Crossing Avenue to the retail sites is 17,000, and the number drops to 4,000 from
the retail accesses to Tyler Street.
Mayor Klinzing opened the public hearing.
Greg Frank, of McCombs, Frank and Roos, was present representing the
developer to answer questions. Mr. Frank indicated that the number of accesses
from the retail sites onto Crossing Avenue has been reduced from 8 down to 4,
with a possible 5th access for truck traffic only.
James Mevissen, 11070 181st Avenue NW, indicated he has not heard anything
from the developer regarding the purchase of his property. It was the consensus
of the City Council to add a condition that approval of the project was
contingent upon the developer acquiring all the necessary parcels of property.
There being no further comments from the public, Mayor Klinzing closed the
public hearing.
.
MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY ASSOCIATED DEVELOPERS
FOR PRELIMINARY PLAT (ELK RIVER CROSSING), PUBLIC HEARING CASE NO. P 98-8,
WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF PUBLIC IMPROVEMENTS.
4. 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.
5. 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.
6. SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
.
7.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
City Council Minutes
May 17,1999
Page 14
.
8.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
13.
14.
15.
16.
. 17.
18.
10. RESTRICTIVE COVENANTS BE PLACED OVER THE WETLANDS. THESE SHALL BE
COMPLETED AND RECORDED WITH THE PLAT.
11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED
AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
12. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
APPROPRIATE CROSS ACCESS I CROSS PARKING EASEMENTS SHALL BE
APPROVED BY THE CITY AND RECORDED WITH THE PLAT.
OUTLOTS A AND B SHALL BE DEEDED TO THE CITY.
NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN
STREET OR 18151 AVENUE (COUNTY ROAD 12).
THE TWO LOTS ON CROSSING AVENUE CLOSEST TO MAIN STREET HAVE A
SHARED DRIVEWAY.
THE DEVELOPER SHALL BE IN COMPLIANCE WITH THE CITY'S MOBILE HOME
ORDINANCE PRIOR TO FINAL PLAT APPROVAL.
A 1 O-FOOT WIDE PEDESTRIAN EASEMENT BE DEDICATED TO ALLOW FOR THE
SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS PARK TO
THE SOUTH.
19. THE NECESSARY PROPERTIES ARE ACQUIRED BEFORE THE PROJECT CAN
COMMENCE.
20. THE REVISED PLANS SHOW THE RIGHT OF WAY FOR THE PUBLIC ROADWAY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY ASSOCIATED
DEVELOPERS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-
26, WITH THE FOLLOWING CONDITIONS:
1. A FINAL LANDSCAPE PLAN AND LIGHTING PLAN BE SUBMITTED AND APPROVED
BY THE CITY.
2. DESIGN GUIDELINES BE ESTABLISHED AND APPROVED BY THE CITY.
.
3. THE PEDESTRIAN ACCESS BETWEEN LOT 2, BLOCK 2 AND LOT 3, BLOCK 2,
PARKING LOTS BE 24 FEET.
.
.
.
City Council Minutes
May 17,1999
Page 15
4. THE LANDSCAPED ISLANDS IN THE LOT 2, BLOCK 2, PARKING LOT BE MORE
CENTRALLY LOCATED.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.13. Request by City of Elk River for Ordinance Amendment to Add Sherburne County
Fair as Permitted Use in BP (Business Park) Zonina District, Public Hearina Case No.
OA 99-3
6.14.
Staff report by Steve Wensman. The City of Elk River has proposed an ordinance
amendment to Section 900.10(16), to allow the Sherburne County Fair as a
permitted use in the Business Park zoning district.
Mayor Klinzing opened the public hearing. There being no comments from the
public, Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED TO APPROVE ORDINANCE NO. 99-15, AMENDING
SECTION 100.10(16) OF THE CITY CODE OF ORDINANCES TO ADD SHERBURNE
COUNTY FAIR AS A PERMITTED USE IN THE BUSINESS PARK ZONING DISTRICT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by City of Elk River for Ordinance Amendment Reaarding Minimum
Distance Between Driveways, Public Hearina Case No. OA 99-4
Staff report by Steve Wensman. The City of Elk River has proposed an ordinance
amendment to Section 900.32, Requirements for Vehicular and Pedestrian
Circulation, by deleting the requirement for minimum distance between
driveways. Steve explained that the current language disallows cul-de-sac
driveways.
Mayor Klinzing opened the public hearing. There being no comments from the
public, Mayor Klinzing closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO APPROVE ORDINANCE NO. 99-16,
AMENDING SECTION 900.32 OF THE CITY CODE OF ORDINANCES REGARDING
DRIVEWAYS, PUBLIC HEARING CASE NO. OA 99-4. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.1. East Elk River Improvement Proiect Update
Pat Klaers indicated that the City is working with Leisch and Assoc. on the
environmental study for the property the city is purchasing.
Stoffel Reitsma, 1096018151 Avenue NW, expressed a concern regarding
contractors driving on his property without his permission. He explained that the
stakes which were used to mark the property lines have been taken down and
the contractors are driving on his property. He stated that now, with the heavy
rains, they are driving on the hill which is on his property, in order to avoid the
mud. Also, some small trees have been destroyed in the process. Terry Maurer,
City Engineer, indicated that he walked the site with Mr. Reitsma and they have
worked out an agreement for restoring Mr. Reitsma's property when the work is
completed.
.
.
.
City Council Minutes
May 17, 1999
9.
Adjournment
Page 16
There being no further business, Mayor Klinzing adjourned the meeting of the Elk
River City Council at 9:55 p.m.
Debbie Huebner
Recording Secretary
if