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03-06-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL -TRAINING ROOM MONDAY, MARCH 6, 1995 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Holmgren, and Farber Members Absent: None Staff Present: Pat Klaers, City Administrator; Steve Ach, City Planner; Bruce West, Fire Chief and Sandra Thackeray, City Clerk Also Present: Planning Commission Members Vicki Sullivan, Tom Dillon, Judy Thompson, Louise Kuester, Bob Minton, and Chris Kreger ] . Call Meeting To Order Pursuant to due call and notice thereof, the regular meeting of the Bk River City Council was called to order at 6:35 p.m., by Mayor Duitsman. 2. Consider March 6, 1995, City Council Aaenda e COUNCILMEMBER DIETZ MOVED TO APPROVE THE MARCH 6, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda Councilmember Scheel requested that Item 7.9. be removed from the consent agenda. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 7.9., AS FOLLOWS: e 4. CONSIDER 2/20/95 CITY COUNCIL MINUTES -- APPROVED 7.6. INITIATE AN ORDINANCE AMENDMENT TO ADDRESS ZERO LOT LINE ISSUES IN ALL ZONING DISTRICTS -- APPROVED 7.7. INITIATE AN ORDINANCE AMENDMENT TO DEFINE RECYCLING CENTERS -- APPROVED 7.8. ADOPTION OF ORDINANCE 95-3, AN ORDINANCE AMENDING SECTION 900.24, PARKING AND LOADING, OF THE CITY OF ELK RIVER CODE OF ORDINANCES, CASE NO. OA 94-4 -- APPROVED 8.4. PAY ESTIMATE #8 TO GRIDOR CONSTRUCTION IN THE AMOUNT OF $21,759 FOR WORK ON THE WASTEWATER TREATMENT PLANT INTERIM IMPROVEMENT- - APPROVED 8.5. PAY ESTIMATE #8 TO KUE CONTRACTORS IN THE AMOUNT OF $20,350 FOR WORK COMPLETED ON THE LIBRARY EXPANSION PROJECT -- APPROVED 8.6. RESOLUTION 95-12, A RESOLUTION SUPPORTING PASSAGE OF THE MINNESOTA EMERGING COMMUNICATION SERVICES ACT OF 1995 -- APPROVED Elk River City Council Minutes March 6, 1995 Page 2 e 9. CHECK REGISTER -- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Joint Meetina of the City Council and Plannina Commission City Planner steve Ach distributed a timing schedule for the completion of the Comprehensive Plan. Discussion was held regarding the current status of the Comprehensive Plan and the steps involved to finalize the document. Council member Scheel indicated her concern regarding the 10 acre minimum lot size. She stated that there was a resident present with a concern regarding the timing of the Comprehensive Plan in relation to the moratorium on the ten acre minimum lot size. She stated that if the Comprehensive Plan were not completed until July 4, this would put the individual a year behind in his development of his property. She indicated she would like to see something done on the issue prior to July 4. Mayor Duitsman indicated that this item will be debated in detail by the Steering Committee. He indicated he did not feel the decision should be made by the Planning Commission prior to having input from the Steering Committee. e Discussion was held between the Council and Planning Commission as to the method in which the public should be informed and notified of public hearings regarding the Comprehensive Plan. It was suggested that the June newsletter be comprised of information regarding the Comprehensive Plan. The City Council reviewed the Planning Commission's rules and procedures. Discussion was held regarding the procedure to follow when one of the Commissioners has a conflict of interest. It was indicated that a final decision should be made by the City Attorney regarding this issue. Mayor Duitsman stated that there are certain issues that come before the City Council that require a decision and it may be more approprkJte to have the Planning Commission review the issue prior to Council making a decision. He indicated that the City Council makes the decision without consulting the Planning Commission due to timing of the issue. Planning Commission goals for 1995 were discussed. Mayor Duitsman stated that parking in the downtown area is an important issue for the Planning Commission to review. Discussion was held regarding the City Council reviewing the Comprehensive Plan following Steering Committe.e meetings. Council member Dietz indicated that he would like to see the Planning Commission representative speak up more often at the City Council meetings. e Topics for upcoming Planning Commission workShops were discussed. Councilmember Scheel indicated she had a concern regarding the home occupation ordinance. Elk River City Council Minutes March 6, 1995 Page 3 e Councilmember Dietz indicated his concern regarding the provision in the ordinance for the size of accessory structures. Bob Minton indicated that accessory buildings in R 1 a zoning should be reviewed by the Planning Commission. City Planner Steve Ach questioned whether the City Council would like to see the Planning Commission become the Board of Adjustments. He indicated that he has briefly reviewed this issue with the City Attorney. He further stated that he felt it could save time for many of the applicants and for the City Council if the Planning Commission were the Board of Adjustments. Mayor Duitsman suggested that a memo be presented to the City Council at a future meeting rogarding this issue. The City Council recessed at 7:37 p.m. and reconvened at 7:45 p.m. in the Council Chambers. 6. Open Mike A resident affected by the moratorium on the 10 acre minimum lot size indicated his concern and opposition to the 10 acre minimum lot size. 7.1. Consider Reauest bv City of Elk River for an Administrative Subdivision, Public Hearing, Case No. AS 95.1 e City Planner Steve Ach indicated that the City of Elk River is requesting an administrative subdivision to divide a parcel of land to accommodate the ice arena complex. He stated that the administrative subdivision involves carving out an approximate three acre parcel of land from the Senior High school complex to accommodate the existing and new ice arena. The City Planner indicated that the primary purpose of the administrative subdivision is to allow the City to purchase the property from the School District. Steve Ach reviewed the staff report regarding this request. The issues discussed in the staff report included parking, access to the property, and utility easements. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY THE CITY OF ELK RIVER CREATING APPROXIMATELY A THREE ACRE PARCEL TO ACCOMMODATE THE EXISTING AND PROPOSED ICt ARENA ALONG WITH THE ASSOCIATED PARKING WITH THE FOLLOWING CONDITIONS: 1. AN APPROVED CROSS ACCESS/CROSS PARKING AGREEMENT BE ACCEPTED BY BOTH PARTIES. 2. AN APPROPRIATE SIZE DRAINAGE AND UTILITY EASEMENT BE GRANTED THROUGH THE SUBJECT PROPERTY WHICH WILL ALLOW THE EXTENSION OF THE WATER LINE. e 3. A TEN FOOT DRAINAGE AND UTILITY EASEMENT BE GRANTED FOR THE ELECTRICAL SERVICE FROM SCHOOL STREET TO THE ICE ARENA. Elk River City Council Minutes March 6, 1995 Page 4 e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Conditional Use Permit bv the City of Elk River, Public Hearina. Case No. CU 95-03 City Planner Steve Ach indicated that the City of Elk River, along with Youth Hockey Association, is requesting a conditional use permit to construct a new olympic size ice arena immediately adjacent to the existing ice arena located northwest of the Senior High. Steve Ach indicated that in addition to the ice arena, a new parking facility will also be provided which will accommodate up to 90 parking stalls that will benefit not only the ice arena but also the Senior High during peak demands. Steve Ach reviewed the staff report including the issues of parking, landscaping, lighting and utility extension/fire protection. Louise Kuester, Planning Commission representative, indicated that the Planning Commission recommended approval of the conditional use permit. Mayor Duitsman opened the pUblic hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. Councilmember Dietz indicated his concern regarding the additional parking stalls. He stated that if the Senior High is moved, there may not be the need for additional stalls. He indicated that he would like the option to revisit the parking issue with the School District at a later date. e COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF ELK RIVER AND ELK RIVER YOUTH HOCKEY TO ALLOW THE CONSTRUCTION OF A NEW ICE ARENA AND ASSOCIATED PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. COMMENTS STATED BY THE CITY ENGINEER BE INCORPORATED INTO THE FINAL SET OF PLANS. 2. NEW PARKING AREA BE CONSTRUCTED WITH A BITUMINOUS SURFACE AND BOUNDED WITH CONCRETE CURB AND GUTTER. 3. A DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO CONSTRUCTION. 4. A NEW FIRE HYDRANT BE PROVIDED ON-SITE IN ACCORDANCE WITH THE RECOMMENDATION FROM THE FIRE CHIEF. IN ADDITION, CONSIDERATION BE GIVEN TO EXTENDING THE WATER MAIN NORTH TO CONNECT WITH THE DEAD-END LINE EXISTING IN THE RESIDENTIAL AREA. 5. ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE NORTH PROPERTY LINE TO MAXIMIZE THE SCREENING BETWEEN THE ICE ARENA AND RESIDENTIAL NEIGHBORHOOD TO THE NORTH. 6. A SHORT SEGMENT OF TRAIL BE PROVIDED FROM THE PARKING LOT TO THE NORTHERLY PROPERTY LINE TO EVENTUALLY CONNECT WITH A TRAIL EXTENDING FROM THE RESIDENTIAL AREA. e 7. ALL PARKING LOT AND BUILDING LIGHTING SHALL BE DOWN-LIT AND DIRECTED AWAY FROM THE RESIDENTIAL AREA. Elk River City Council Minutes March 6, 1995 Page 5 e 8. AS REQUESTED BY THE POLICE CHIEF AN ADEQUATE NUMBER OF PARKING LOT LIGHTS BE LEFT ON AT ALL TIME TO MAXIMIZE SECURITY AND SAFETY WITHIN THE AREA. 9. INFORMATION RELATIVE TO REFUSE COLLECTION SHALL BE PROVIDED AND INCORPORATED INTO THE FINAL PLANS. IF AN OUTDOOR TRASH ENCLOSURE WILL BE PROVIDED, PROPER SCREENING WILL NEED TO BE INCLUDED. 10. THE SOUTHERLY TRAFFIC CONTROL ISLAND IN THE NEW PARKING AREA SHOULD BE SHIFTED NORTH OUT OF THE EXISTING TRAVEL LANE. 11. REVISED PLANS BE PROVIDED FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 12. ANY WORK WITHIN THE EXISTING WETLAND IMMEDIATELY EAST OF THE PARKING AREA BE REQUIRED TO OBTAIN THE APPROPRIATE PERMITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 7.3. Variance Reauest by the City of Elk River. Public Hearina. Case No. V 95-02 e City Planner Steve Ach indicated that the City of Elk River is requesting a variance to the parking lot setbacks at the new ice arena located northwest of the Senior High. Steve Ach indicated that the Planning Commission reviewed the variance request and recommended approval based on the four findings stated in the staff report. 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 VARIANCE REQUESTED BY THE CITY OF ELK RIVER FOR A TWO TO THREE FOOT VARIANCE TO THE TEN FOOT PARKING SETBACK REQUIREMENTS BASED ON THE FOLLOWING FINDINGS: 1. THE VARIANCE IS AN EXTENSION OF AN EXISTING CONDITION. 2. THE VARIANCE IS MINIMIZED BY REDUCING THE DRIVEWAY WIDTH AS MUCH AS POSSIBLE AND ESTABLISHING A BUFFER OF LANDSCAPING. 3. THE CAMPUS SETTING OF THE ICE COMPLEX AND HIGH SCHOOL IS A UNIQUE SITUATION WHEREBY SHARED PARKING AND PROPERTY LINES FOR OWNERSHIP PURPOSES EXIST. 4. THE ENCROACHMENT OF THE PARKING AREA INTO THE SETBACK WILL NOT BE DETRIMENTAL TO SURROUNDING PROPERTIES NOR CREATE A PUBLIC SAFETY CONCERN. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. Elk. River City Council Minutes March 6, 1995 Page 6 e 7.4. 7.5. General UDdate on status of Finances for Ice Arena Proiect Consider Request to Authorize Architects to Proceed with the Ice Arena Construction Documents The City Administrator indicated that the design documents have been sent out for the ice arena project. however. the budget came in higher than expected. He requested that the City Council delay action on this issue until more information is received. It was the consensus of the City Council to take no action on the issue at this time. 7.8. Consider Amendment to the Parkina and Loadina Standards Mayor Duitsman indicated that although this issue was approved by the Consent Agenda, he had some concerns regarding the number of parking spaces per student. 7.9. Consider Resolution Grantina Variance for Paul LeFebvre. Public Hearinq, Case No. 494-18 City Planner Steve Ach indicated that Paul LeFebvre is requesting a 356 square foot variance to exceed the maximum size of accessory structure area located at 19922 Ulysses Street. e Mayor Duitsman opened the publiC hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEl MOVED TO ADOPT RESOLUTION 95-13, A RESOLUTION GRANTING A VARIANCE TO THE CITY CODE AT 19922 ULYSSES STREET NW FOR A 356 SQUARE FOOT VARIANCE TO EXCEED THE MAXIMUM SIZE OF ACCESSORY STRUCTURE AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 8.1. Consider Ordinance Amendment to ODen Burnina Ordinance Fire Chief Bruce West indicated that the Department of Natural Resources (DNR) has regulated open burning in the City of Elk River in the past. but has recently relinquished its authority on the regulation of open burning to the City of Elk River. He stated that because of this, it was necessary for the City to amend its existing open burning ordinance. The Fire Chief reviewed several of the issues in the open burning ordinance amendment including: . open burning permits. . special open burning permits, . burner regulations, . penalties, and . revision of open burn areas in the City of Elk River. e He indicated that the largest change pertaining to the open burning ordinance was that of the open burning area in the City of Elk River. He informed the Council that the area where burning is not allowed was consolidated into one large area so as to allow for better regulation and enforcement of the non- burning areas in the City of Elk River. e e e Elk River City Council Minutes March 6,1995 Page 7 COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 95-5, AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA REPEALING SECTION 206.38, OPEN BURNING, AND ENACTING A NEW SECTION 410 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED "OPEN BURNING". COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. General Update from Fire Chief Bruce West Fire Chief Bruce West gave a general update to the Council on the activities that have taken place in the Fire Department during the past five months. Issues of discussion included the rescue alive equipment, general morale of the Fire Department, inspections, and the Emergency Operations Plan. 8.3. Discussion on Upcoming State of the City Address Discussion was held by the Council regarding the State of the City Address to be held March 21, 1995. 10. Other Business The City Administrator distributed an application request form for a local grants program prepared by Mike Niziolek for the project entitled "Dry Subtype Oak Forest Acquisition". 11. Staff Updates There were no staff updates. 12. Adiournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:00 p.m. Respectfully submitted, U ,~~ /.. -~ stf~a ThaCke;'~ City Clerk