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03-20-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 20, 1995 Members Present: Mayor Duitsman, Council Members; Dietz, Holmgren, Farber Members Absent: Council Member Scheel Staff Present: Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney; Steve Rohlf. BUilding and Zoning Administrator; Bill Rubin, Economic Development Coordinator; Gary Schmitz, Planning Assistant; Troy Langer. Planning Intern Also Present: Louise Kuester, Planning Commission Representative 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 6:00 p.m. by Mayor Duitsman. 2. Consider Council Aaenda e The following items were added to the agenda: 7.17 Change Order for the Jackson Street realignment project 7.18 Discussion regarding PUD requirement/Mayor Duitsman COUNCIL MEMBER FARBER MOVED TO APPROVE THE MARCH 20, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 2A. Consider Consent Aaenda COUNCIL MEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3. MARCH 6, 1995, CITY COUNCIL MINUTES -- APPROVED 4.7 PROCLAMATION PROCLAIMING APRIL 23 AS CROP WALK DAY-- APPROVED 4.7 REQUEST FOR EXEMPTION OF LAWFUL GAMBLING LICENSE BY CHURCH OF ST. ANDREW -- APPROVED 4.9 REQUEST BY STREET DEPARTMENT TO PURCHASE A JOHN DEERE GATOR FROM SHARBER'S, INC. FOR $6,925.00 AND TO PURCHASE A FIELD LINE STRIPPER FROM CUSHMAN MOTORS FOR $1,545.00 -- APPROVED e Elk River City Council Minutes March 20, 1995 Page 2 --------------------....-...---- e 4.10 REQUEST TO PURCHASE THE FOLLOWING PARK EQUIPMENT: FLAIL MOWER FROM WALL ENTERPRISES IN THE AMOUNT OF $9,580.00 AND A REAR MOUNTED ATTACHMENT FROM EASY IMPLEMENTS FOR $1,806.00 ~~ APPROVED 7.1 REQUEST BY DENNIS ANDERSON FOR LAND USE AMENDMENT AND REZONING ~~ WITHDRAWN 8. CHECK REGISTER -- APPROVED COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 4.1 Presentation of Library Annual Reoort Mick Stoffers presented the 1994 Library Annual Report. Mick reviewed the progress of the expansion and informed the Council that the library would be automated in 1995. Murray McNair, Library Board Chair, reported on the completion of the Library expansion. Ken Berringer of GRRL also reported on the upcoming automation. It was the consensus of the City Council to accept the 1994 Library Annual Report. e 4.2 Uodate on Oak Wilt Control in Elk River Tim Edgeton, County Forest Resource Specialist. updated the Council on Oak Wilt control being done in the City of Elk River. Tim Edgeton also provided a brief history of the Tree Board, its objectives and other services in which the Tree Board is involved. 4.3 Discussion on Joolin Street/Orono Road Construction and Fairarounds Parking County Administrator Dave Loch informed the Council that the County Board has met with the Fair Board to discuss the proposal regarding the sale of 1.75 acres of land to the City, located on the northwest corner of the fairgrounds. The County Administrator reviewed the provisions which were submitted to the City Council by the County Board for the land transaction. Following discussion of the provisions provided by the County for the land transaction it was the consensus of the Council to continue negotiations during the Joint City Council/Sherburne County Board Meeting to be held on April 18, 1995. 4.4 Consider Imolementing the Findinas and Conclusions of the EDA Funded Needs Assessment Reoort Economic Development Coordinator Bill Rubin reviewed the findings of the Needs Assessment Report. which was submitted by Training Networks, Inc. e Elk River City Council Minutes March 20,1995 Page 3 e He indicated that a variety of recommendations have been categorized under the topics of facilitated planning, staff training, and internal team work and information flow. Bill Rubin stated that although the report identified many strengths, an equal number of opportunities for improvement exist. He suggested that the City Council solicit a proposal from Sandy Bauer from Training Networks, Inc. to implement the facilitated planning, staff training and internal teamwork and information flow objectives that are outlined in the Needs Assessment Report. Council Member Dietz indicated his concern that the hiring of an outside facilitator may not be the best value for the City at this time. He suggested that the City explore other options of training from an intemal standpoint. Council Member Holmgren stated that the report reflected some issues that need to be resolved between the staff and developers. He suggested that the City look at some of the problems and consider hiring a facilitator to work with the staff. COUNCIL MEMBER HOLMGREN MOVED TO SOLICIT A PROPOSAL FROM SANDY BAUER OF TRAINING NETWORKS, INC. TO IMPLEMENT THE FACILITATED PLANNING, STAFF TRAINING, AND INTERNAL TEAMWORK AND INFORMATION FLOW OBJECTIVES OUTLINED IN THE NEEDS ASSESSMENT REPORT. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4-0. e 4.5 Consider Site Acauisition and Relocation Issues for Custom Motors Economic Development Coordinator Bill Rubin indicated that the staff has been directed to explore relocation possibilities for Custom Motors from its existing location at 13913 Highway lOin the City of Elk River. Bill Rubin informed the Council that Custom Motors has offered to sell its site to the City on a contract for deed. He stated that because there is no end user for the property, public acquisition of the site is not recommended. Mr. Roy indicated that he needed help from the City to relocate otherwise he will not be able to move his business due to financial constraints. Mr. Roy's Attorney indicated that relocation cannot be accomplished without money from the sale of the existing site. Bill Rubin indicated that the City of Elk River may be able to assist Custom Motors with its relocation to another site through methods such as supplemental financing from the EDA Micro-Loan Fund or by assisting Custom Motors in receiving a conventional loan. Mayor Duitsman indicated that he is not interested in having the City purChase the Custom Motors property at this time. Mayor Duitsman further indicated that due to the necessary clean-up of the property he does not see a great value in the property at this time. Council Member Farber concurred with Mayor Duitsman. e Elk River City Council Minutes March 20, 1995 Page 4 e Council Member Holmgren indicated that because the City perceives the Custom Motors site as a. problem, he feels that the City should assist Custom Motors in relocating. The Attorney for Custom Motors indicated that the value of the 80 acre Custom Motors site is less than what the owner owes on the contract for deed. He indicated that the action of the City Council to rezone the property to residential has evaporated the equity of the property. He suggested that in order to save some of the value of the property that the City Council rezone a portion of the property back to commercial. Council Member Holmgren indicated his concern as to how the City would finance Phase 2 of the environmental clean-up of the Custom Motors property. Discussion was held regarding a parcel of property in which Custom Motors is interested in purchasing. The property is split by the cities of Ramsey and Elk River. Mr. Roy indicated that he did not have the funds to purchase the property at this time and further stated that there is another party interested in purchasing the property. Council Member Holmgren suggested that the City assist the Roys in purchasing the portion of the property located in the City of Elk River. e It was the consensus of the Council to have staff work on options available to assist the Roys in purchasing the portion of the property located in the City of Elk River for the relocation of Custom Motors and to review this issue again at the Council meeting April 3. 4.6 Update on Proposed Ditch Leaislation Mayor Duitsman indicated that the City Attorney and County Attorney have been working together on legislative language which would permit Sherburne County and the City of Elk River to agree to transfer responsibility for certain County ditches located within the City of Elk River. Mayor Duitsman requested the Council to adopt a Resolution supporting the proposed legislation. COUNCIL MEMBER DIETZ MOVED TO ADOPT RESOLUTION NO. 95-15, A RESOLUTION SUPPORTING THE ENACTMENT OF LEGISLATION AUTHORIZING THE TRANSFER OF CERTAIN COUNTY DITCHES TO THE CITY. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 4.11 Presentation of Finance Award Mayor Duitsman presented the Finance Director with a Certificate of Achievement for Excellence in Financial Reporting for the 1993 fiscal year. Mayor Duitsman commented that this is the fifth consecutive year that the City has received this achievement. 5. Open Mike e No one appeared for this item. Elk River City Council Minutes March 20, 1995 Page 5 -----------------....----------- e 5.1 Update on County Action Reaardina City Petition to Release Water into the County Ditch System Steve Rohlf, Building and Zoning Administrator informed the Council that the City has received approval from the Sherburne County Board for the City to use the County ditch system as an outlet for certain drainage projects. He indicated that the use of these ditch systems will help to alleviate flooding problems at the intersection of Main Str~et and Evans Avenue, and from the Barrington Place/Royal Oaks area. 5.2 Updates on County Roads 12/13 Drainage Proiect City Engineer Terry Maurer informed the Council that the County Road 12/13 Drainage Improvement Project was bid approximately 9 months ago and has been awarded to Dave Perkins Contracting. He indicated that the project was put on hold until the petition of outletting into the County Ditch No. 10 was received from the County. Terry Maurer stated that the County has recently approved the outletting into County Ditch No. 10. Terry Maurer stated that the Contractor has indicated that he will begin construction in late May to early June. Terry Maurer further indicated that he will notify the homeowners regarding the project. 5.3 Consider Resolution Authorizina Plans and Specifications for the Main and Evans Drainaae Proiect e Terry Maurer. City Engineer, requested the Council to authorize the preparation of plans and specifications for the Main Street and Evans Avenue intersection drainage improvements. COUNCIL MEMBER DIETZ MOVED TO ADOPT RESOLUTION NO. 95-16, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MANNER OF THE MAIN STREET/EVANS AVENUE INTERSECTION DRAINAGE IMPROVEMENT OF 1995. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4-0. 5.4 Update on Elk Hills Drive/Dodae Avenue Information Meetina City Engineer, Terry Maurer, reviewed the minutes of the 5th Street/Dodge A venue/Elk Hills Drive information meeting, which was held on February 23. Terry Maurer stated that the purpose of the meeting was to present information to concerned parties and to receive information and comments back relative to the thoughts about the proposed alternatives and the financing of the project. Gary Santwire indicated that representatives of McDonald's and Circle C were present and both have indicated they would be willing to move ahead with the petition for the improvements. Gary Santwire further indicated that the property owners would be willing to allow Dodge A venue to be regulated by a stop sign, as in Plan 8, as this would solve the left turn problem. e It was the consensus of the City Council to authorize the City Engineer to proceed with the plans and specifications with the exception of the intersection of Elk Hills Drive and Dodge Avenue. Elk River City Council Minutes March 20, 1995 Page 6 -...----------------- . The City Council requested the City Attorney to prepare the petitions for the project. 5.5 Discussion on Concord Private Street There were no residents present from Concord Street to discuss this issue. COUNCIL MEMBER HOLMGREN MOVED TO POSTPONE INDEFINITELY ANY ACTION ON THIS ITEM. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 7.2 Kraus Anderson Reauest for Drainage and Utility Easements, Public Hearinq, Case No. EV 95-01 Assistant Planner Gary Schmitz stated that Kraus Anderson of Elk Park Center, Inc. is requesting to vacate drainage and utility easements within Elk Park Center to accommodate the relocation of utility lines. Gary Schmitz reviewed the stoff memo on this issue. Mayor Duitsman opened the publiC hearing, there being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCIL MEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-17, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS IN ELK PARK CENTER. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4- O. 7.3 Art Peterson Request for Administrative Subdivision, Public Hearinq, Case No. AS 95-02 Planning Assistant Gary Schmitz stated that Art Peterson is requesting an Administrative Subdivision to divide an 18.96 acre parcel into two parcels. Both parcels will have access onto Meadowvale Road. Gary Schmitz reviewed the staff memo on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCIL MEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ART PETERSON TO DIVIDE A 18.96 ACRE PARCEL INTO A 16.29 ACRE PARCEL AND A 2.67 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. A DRAINAGE AND UTILITY EASEMENT BE GRANTED TO THE CITY OVER THE EXISTING WETLAND ON PARCEL A. 2. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $450.00 BE PAID TO THE CITY PRIOR TO RECORDING. e 3. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. Elk River City Council Minutes March 20. 1995 Page 7 . COUNCIL MEMBER SECONDED THE MOTION. MOTION CARRIED 4-0. 7.4 Bruce Anderson Reauest for an Administrative Subdivision, Public Hearina. Case No. As 95-03 Planning Intern Troy Langer indicated that Bruce Anderson is requesting an Administrative Subdivision to divide a 40 acre parcel into a 10 acre parcel and a 30 acre parcel located west of Twin Lakes Road. Troy Langer reviewed staff memo on this issue. - Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. COUNCIL MEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY BRUCE ANDERSON TO DIVIDE APPROXIMATELY 40 ACRES INTO A 10 ACRE PARCEL AND A 30 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $450.00 BE PAID TO THE CITY PRIOR TO THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION. 2. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING OF THE ADMINISTRATIVE SUBDIVISION. e COUNCIL MEMBER SECONDED THE MOTION. MOTION CARRIED 4-0. 7.5 Phoenix Enterprises Reauest for Easement Vacation, Public Hearinq. Case No. EV 95-02 Assistant Planner Gary Schmitz indicated that Phoenix Enterprises is requesting a drainage and utility easement vacation within Outlot A. Cherry Hill Bluffs, which affects the proposed plat of Hillside Crossing South. Gary Schmitz indicated that staff is recommending that only a portion of the drainage and utility easements in Outlot A be vacated as opposed to the request by the applicant to vacate all of Outlot A. Mayor Duitsman opened the public hearing. Gary Schmitz distributed a letter addressed to Steven Ach from a resident indicating the neighbors' concerns regarding the fact that the developer will be able to clear cut the trees that are between the property and office buildings that they plan to build. Rick Foster indicated that he is requesting to vacate all of Outlot A for ease of legal description. Mr. Foster further commented that he has no intentions of cutting down the trees. e There being no further comments from the public. Mayor Duitsman closed the public hearing. Elk River City Council Minutes March 20, 1995 Page 8 . Peter Beck, City Attorney indicated that he and the City Planner had a concern with vacating the entire easement as having an easement in place gives the Council more control. COUNCIL MEMBER FARBER MOVED TO ADOPT RESOLUTION 95-18, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS WITH THE FOLLOWING CONDITIONS: 1. THAT THE EASEMENT COVERING THE STORM WATER PIPE AND THE POND IN THE NORTHWEST CORNER OF OUTLOT A, CHERRYHILL BLUFFS, NOT INCLUDED IN THE AREA TO BE VACATED, HAVE A DRAINAGE AND UTILITY EASEMENT REESTABLISHED AND RECORDED ON THE PLAT OF HILLSIDE CROSSING SOUTH. 2. RECORDING THE RESOLUTION FOR VACATING THE REQUESTED DRAINAGE AND UTILITY EASEMENT PRECEDE RECORDING OF THE PLAT OF HILLSIDE CROSSING SOUTH. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 3-1. COUNCIL MEMBER DIETZ OPPOSED. 7.6 Phoenix Enterorises e Planning Intern Troy Langer indicated that Phoenix Enterprises has submitted a conditional use permit application for a zero lot line development located at the Southeast corner of Highway 169 and 193rd Avenue N.W. Troy Langer indicated that the applicant is proposing to construct an approximately 24,000 square foot commercial center on Lot 2, Block 1 Hillside Crossing South. Troy Langer reviewed the staff memo on this issue. Mayor Duitsman opened the public hearing. Jeff Gongoll, representing the applicant. reviewed numbers 5 and 6 of the staff memo dated March 20,1995. Louise Kuester, Planning Commission Representative, indicated that the Planning Commission reviewed the request and recommended approval. There being no further comments, Mayor Duitsman closed the public hearing. COUNCIL MEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PHOENIX ENTERPRISES, LLC, FOR A CONDITIONAL USE PERMIT TO ALLOW A ZERO LOT LINE DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. CROSS ACCESS/CROSS PARKING AREAS HAVE AN AGREEMENT PREPARED AND EXECUTED BETWEEN PROPERTY OWNERS. THIS DOCUMENT SHALL BE RECORDED WITH SHERBURNE COUNTY. 2. ALL PARKING AREAS AND DRIVE AREAS SHALL BE IMPROVED WITH A BITUMINOUS SURFACE AND SHALL BE BOUND WITH B612 CONCRETE CURB AND GUTTER. e Elk River City Council Minutes March 20, 1995 Page 9 e 3. A LANDSCAPE PLAN CONSISTENT WITH CITY CODE REQUIREMENTS BE IMPLEMENTED. 4. ALL ISSUES OUTLINED IN CITY ENGINEER'S MEMO REGARDING THIS ITEM BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. 5. THE ACCESS TO SUPERAMERICA BE INSTALLED ONLY IF A WRITTEN LETTER OR CROSS ACCESS AGREEMENT FROM THE PROPERTY OWNER'S OF LOT 1, BLOCK 1, OAK PARK PLAZA (SUPERAMERICA) Bf; SUBMITTED TO THE CITY INDICATING THEIR APPROVAL OF THE ZERO LOT LINE DEVELOPMENT. 6. A WRITTEN LETTER FROM ANOKA ELECTRIC IDENTIFYING THEIR APPROVAL FOR DEVELOPMENT OF A PARKING LOT AND IDENTIFYING THE DISTANCE THE MONUMENT SIGN SHALL BE FROM THE DRIP-LINE OF THE OVERHEAD POWER LINES. 7. SEDIMENTATION POND, SOUTH OF LOT 3, BLOCK 3, HILLSIDE CROSSING SOUTH, BE COMPLETED BEFORE RECORDING OF CONDITIONAL USE PERMIT. 8. ITEMS IDENTIFIED WITHIN THE LETTER ADDRESSED TO THE APPLICANT, MR. GONGOLL, BE COMPLETED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 7.7 Variance Reauest by Don Schumacher, Public Hearina, Case No. V 95-1 Planning Assistant Gary Schmitz indicated that Mr. Schumacher is requesting an 8' front yard setback variance from the Manor Place Right-of-Way to accommodate a 10' addition to the south side of his home located at 212 Norfolk Avenue. Gary Schmitz reviewed the staff memo on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman close the public hearing. Louise Kuester, Planning Commission Representative, stated that the Planning Commission reviewed the issue and recommended approval. COUNCIL MEMBER FARBER MOVED. TO APPROVE THE 8' FRONT YARD SETBACK VARIANCE FROM MANOR PLACE REQUESTED BY DON SCHUMACHER BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY THE FACT THAT APPLYING THE EXISTING SETBACK STANDARDS WOULD REQUIRE THE ADDITION TO BE BUILT ELSEWHERE WHICH WOULD JEOPARDIZE THE UNIQUE COLONIAL ARCHITECTURE ASSOCIATED WITH THE HOUSE. e 2. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME NEIGHBORHOOD DUE TO THE FACT THAT A Elk River City Council Minutes March 20, 1995 Page 10 e PRECEDENT HAS BEEN ESTABLISHED IN THIS NEIGHBORHOOD FOR NON CONFORMING SETBACKS. THEREFORE, THIS PROPOSAL WOULD NOT BE OUT OF CHARACTER FOR THE NEIGHBORHOOD. 3. THE EXISTING HOME WAS CONSTRUCTED IN 1929 WHEN DIFFERENT SETBACK STANDARDS, IF ANY, APPLIED. THE APPLICANT HAD NO CONTROL OVER WHERE THE EXISTING HOME WAS LOCATED. IT IS DIFFICULT TO RETROFIT A HOME BUILT IN 1929 TO MEET THE EXISTING SETBACK STANDARDS. 4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 7.8 Hetland Comprehensive Land Use Amendment. Case No. LUA 95-01 7.9 Hetland Zone Chanqe Request. Case No. ZC 95-01 7.10 Hetland Conditional Use Permit. Case No. CU 95-02 e Planning Assistant Gary Schmitz indicated that Dick Hetland is requesting a zone change for a three acre parcel from C3 (Highway Commercial) to LI (Light Industrial); a land use amendment from HB (Highway Business) to LI (Light Industrial) and a conditional use permit to operate a recycling center. Gary Schmitz indicated that the subject property is located at 16501 Highway 10. Gary Schmitz reviewed the staff memo on these issues. Mayor Duitsman opened the public hearings for Items No. 7.8, 7.9, 7.10. There being no comments on any of these issues, Mayor Duitsman closed the public hearings. COUNCIL MEMBER FARBER MOVED TO ADOPT RESOLUTION NO. 95-19, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO LI (LIGHT INDUSTRIAL) LUA 95-01, BASED ON THE FOLLOWING FINDINGS: 1. THE TIMES AND CONDITIONS HAVE CHANGED SINCE THE PROPERTY WAS ZONED C-3. THENSP RDF PLANT WAS CONSTRUCTED IN 1987 AND IS LOCATED ADJACENT TO THE SUBJECT PROPERTY. THE RDF PLANT HAS MANY SPILL OVER EFFECTS SUCH AS NOISE, ODOR, AND LARGE TRUCK TRAFFIC, WHICH MAY MAKE IT DIFFICULT TO ATTRACT QUALITY CONSUMER ORIENTED C-3 USES TO THE SUBJECT SITE. 2. AN 1-1 ZONING DESIGNATION AND INDUSTRIAL LAND USE WOULD BE MORE COMPATIBLE WITH THE ADJACENT ZONING AND LAND USES. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. e COUNCIL MEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-6, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE Elk River City Council Minutes March 20,1995 Page 11 e INDUSTRIAL). COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4-0. COUNCIL MEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE A RECYCLING CENTER FROM THE EXISTING BUILDING LOCATED AT 16501 HIGHWAY 10 AS REQUESTED BY DICK HETLAND WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL TREES BE PLANTED ALONG HIGHWAY 10 & 165TH AVENUE TO HELP SCREEN AND GIVE THE BUILDING A AESTHETICALLY PLEASING APPEARANCE. 2. A 6' FOOT, 100% OPAQUE SCREENING BE REQUIRED TO SCREEN THE EXCAVATION AND TRUCKING BUSINESS FROM HIGHWAY 10 AND A LANDSCAPE PLAN BE SUBMITTED FOR THE AREA NORTH AND WEST OF THE EXISTING BUILDING SHOWING HOW THE SITE WILL BE SCREENED WITH NATURAL VEGETATION. 3. THE DUMPSTER ON THE REAR OF THE PROPERTY BE ENCLOSED WITH MATERIALS WHICH ARE COMPATIBLE WITH THE EXISTING BUILDING. 4. 5. e 6. 7. THE GENERAL JUNK BE REMOVED FROM THE SITE. ALL OUTDOOR STORAGE REMAIN OUTSIDE OF THE REQUIRED SETBACKS. THAT NO OUTDOOR STORAGE OF METALS BE ALLOWED ON SITE. CONIFER TREES SHOULD BE PLANTED ON THE NORTHWEST CORNER OF THE PROPERTY ALONG HIGHWAY 10 TO ESTABLISH COMPLETE SCREENING. 8. THE FOLLOWING SCHEDULE OF IMPROVEMENTS SHALL BE INCORPORATED. - COMPLETED BY OCTOBER 31, 1996: * INSTALL SOD * SECURITY FENCE * GENERAL CLEAN-UP - COMPLETED BY OCTOBER 31, 1997: * INSTALL TREES * SECURITY GATE * DEFINE PARKING AREAS & DRIVES COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4-0. e Elk River City Council Minutes March 20, 1995 Page 12 e 7.11 Ordinance Establishina a Moratorium on Multi-Family Develooment, Public Hearina, Case No. OA 95~2 Assistant Planner Gary Schmitz stated that the City is requesting an Ordinance Amendment to establish a moratorium on the construction of multi~family dwellings. Gary Schmitz explained that the Steering Committee has recommended that the City Council place a moratorium on multi~family development until a complete analysis of the comprehensive plan is completed. He further stated that a moratorium will allow the Steering Committee to complete the comprehensive planning process and review the land use mix in the city without additional development occurring, which may be inconsistent with the long range plan for the city. Planning Commission Representative Louise Kuester indicated that the Planning Commission held a public hearing to review the proposed ordinance amendment and the Planning Commission unanimously recommended approval of the amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCIL MEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-7, AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE CONSTRUCTION OF MULTI- FAMILY DWELLINGS WITHIN THE CITY OF ELK RIVER. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. e 7.12 Conditional Use Permit Extension Reauest By Steven Shoemaker, Public Hearina, Case No. CU 92-25 Planning Assistant Gary Schmitz indicated that Steven Shoemaker is requesting a two year extension to the conditional use permit that he received on February 1, 1993. The extension would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Ridge subdivision. Gary Schmitz indicated that the Planning Commission recommended approval of the two year extension. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman dosed the public hearing. COUNCIL MEMBER DIETZ MOVED TO APPROVE THE TWO YEAR EXTENSION REQUESTED BY STEVEN SHOEMAKER FOR A CONDITIONAL USE PERMIT NO. 92-25, TO ALLOW THE EXCAVATION OF A WETLAND AREA TO CREATE AN OPEN WATER POND WITHIN THE ROYAL OAKS SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITHIN THE EXISTING CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION. 2. AN EXCAVATION/GRADING PERMIT WITH THE CITY OF ELK RIVER BE REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA. e Elk River City Council Minutes March 20. 1995 Page 13 --....---.----...-...------- e COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 7.13 Reauest to Amend Various Sections of The Home OccuDation Ordinance Section 900.25, Public Hearina. Case No. OA 95-1 Planning Intern Troy Langer stated that the City of Elk River is requesting to amend various sections of the Home Occupation Ordinance. Troy Langer reviewed the' proposed revisions to the Home Occupation Ordinance. Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. Planning Commission Representative Louise Kuester stated that it was the intent of the Planning Commission to make the Home Occupation Ordinance less restrictive. COUNCIL MEMBER DIETZ MOVED TO ADOPT ORDINANCE NO. 95-8, AN ORDINANCE AMENDING SECTION 900.25 (HOME OCCUPATIONS) OF THE CITY OF ELK RIVER CODE OF ORDINANCES OA 95-1. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 7.14 Sherburne County Growers Association e Planning Assistant Gary Schmitz indicated that the Sherburne County Growers Association is before the Council for its annual review of a conditional use permit to operate an outdoor Farmers Market in the Jackson Square parking lot. COUNCIL MEMBER DIETZ MOVED TO APPROVE THE RENEWAL OF THE CONDITIONAL USE PERMIT REQUESTED BY THE SHERBURNE COUNTY GROWERS ASSOCIATION TO OPERATE AN OUTDOOR FARMERS MARKET IN THE JACKSON SQUARE PARKING LOT WITH THE FOLLOWING ORIGINAL EIGHT CONDITIONS: 1. A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED FOR THE LOT BE SUBMITTED TO THE CITY. 2. DAYS AND HOURS OF OPERATION BE LIMITED TO WEDNESDAY AND SUNDAY FROM 12 NOON TO 7 P.M. EACH DAY. 3. IN THE EVENT THE CITY RECEIVES COMPLAINTS REGARDING PARKING PROBLEMS DOWNTOWN DUE TO THE FARMER' MARKET, THE CITY COUNCIL SHALL HAVE THE OPPORTUNITY TO REVIEW THE CONDITIONAL USE PERMIT FOR MODIFICATION OR REVOCATION. 4. SIGNAGE BE LIMITED TO AN ON-SITE SIGN DISPLAYED ONLY ON THOSE DAYS OF OPERATION AND MEET THE 10 FOOT SETBACK REQUIREMENT. 5. SIGN AREA COMPLY WITH CITY ORDINANCE STANDARDS FOR SPECIAL EVENTS SIGNS WHICH PERMITS ONE 32 SQUARE FOOT SIGN. e Ell< River City Council Minutes March 20. 1995 Page 14 ----------------------......--- e 6. ALL REFUSE DISPOSAL SHALL BE THE RESPONSIBILITY OF THE FARMER'S MARKET AND THE LOT BE CLEANED AFTER EACH EVENT. 7. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON. 8. SHERBURNE COUNTY GROWER'S ASSOCIATION BE RESPONSIBLE TO REPAIR ANY LANDSCAPED "AREAS (INCLUDING SOD) THAT MAY BE DAMAGED DUE TO CUSTOMERS AND/OR VENDORS. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 7.15 Final Plat Country CrossinQ Business Center Assistant Planner Gary Schmitz stated that Country Ridge Partnership is requesting final plat approval of Country Crossing Business Center. The plat consists of three buildable lots and three out-lots and is located at the southwest corner of future Joplin Street and U.S. Highway 10. Discussion was held regarding Item NO.2 in staff memo dated March 20. 1995. Number two relates to the developer deeding Out-lot A to the City and the City compensating the developer in the amount of $1.100 for that portion of Out-lot A which is needed for access purposes. e Council Member Dietz indicated his concern regarding the fact that this may not be necessary if the City purchases the land from the County. COUNCIL MEMBER FARBER MOVED TO ADOPT RESOLUTION 95-20, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING BUSINESS CENTER. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 3-1. COUNCIL MEMBER DIETZ OPPOSED. 7.16 Final Plat for Meadowvale Heiohts Second Addition Planning Assistant Gary Schmitz indicated that Dennis Backus is requesting final plat approval for Meadowvale Heights Second Addition. The plat of Meadowvale Heights Second Addition consists of 113 single family lots on 121 acres located at the southwest corner of 193rd and Meadowvale Road. COUNCIL MEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-21, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR MEADOWVALE HEIGHTS SECOND ADDITION. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 7.17 Chance Order No.3 for Ell< Park Center Improvements e City Engineer Terry Maurer requested that the Council consider a change order for the realignment of Holt Avenue at the intersection of Jackson Avenue. Terry Maurer indicated that there are some construction activities in the median cross over of Jackson/193rd intersection with trunk Highway 169 included in the change order. He stated that the estimated cost of the realignment of Holt A venue is $46. 550.81. The construction activities for the median cross over are estimated at $19,304.25 for a total cost of change order NO.3 of $65.860.06. Elk River City Council Minutes March 20, 1995 PagelS ------------------------------.... e COUNCIL MEMBER DIETZ MOVED TO APPROVE CHANGE ORDER NO.3 FOR THE ELK PARK CENTER IMPROVEMENTS TOTALING $65,860.06. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 9. Other Business 9.1 PUD/Mayor Duitsman Mayor Duitsman stated that he has requested the Council consider whether it is necessary to have detailed plans for a PUD. Mayor Duitsman indicated that he feels if the underlying land use is already in place and an applicant comes in with a request, he must go back to the Planning Commission at which time the screening traffic etc. would be addressed and, therefore, he does not feel it is necessary to have a detailed plan for the PUD. Council Member Holmgren concurred with Mayor Duitsman. After further discussion it was the consensus of the Council to discuss this issue at a later date. 9.2 lions Park Maintenance Issues Council Member Dietz distributed a memo from the Street Park Superintendent regarding lions Park. e Council Member Dietz reviewed the annual cost for mowing lions Park. Other issues reviewed were major contributions by the City for lions Park development including ice rink development, ice rink flooding, soil corrections, etc. After discussion regarding the City's contributions to lions Park it was the consensus of the City Council to distribute this information to the lions and request them to participate in the cost. 9.3 3/27 City Council Meetina COUNCIL MEMBER HOLMGREN MOVED TO CANCEL THE MARCH 27, 1995, CITY COUNCIL MEETING. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 9.4 Fire Chief Vehicle Assistant City Administrator Lori Johnson distributed a memo from Phil Hals, Street/Park Superintendent regarding the condition of the Fire Chief's 1989 vehicle. He indicated in the memo that the vehicle was a recycled police car with over 150,000 miles on it. The Street Superintendent recommend that the City Council consider replacing the vehicle as soon as possible due to the poor condition of the vehicle. e The Finance Director informed the Council that the Fire Chief has quotes for a Blazer and Ford Explorer. She indicated that the Fire Chief is requesting that the Council accept the lowest quote from Village Chevrolet on a 1994 Chevrolet Blazer of $20.750.00. Elk River City Council Minutes March 20,1995 Page 16 e COUNCIL MEMBER HOLMGREN MOVED TO PURCHASE THE 1994 CHEVROLET BLAZER FROM VILLAGE CHEVROLET FOR $20,750. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4.0. 9.5 Resianation of Plannina Intern The Assistant City Administrator indicated that Troy Langer, the City's Planning fntern has submitted his resignation. COUNCIL MEMBER HOLMGREN MOVED TO ACCEPT THE RESIGNATION OF TROY LANGER. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. 11. Adiournment There being no further business, COUNCIL MEMBER HOLMGREN MOVED TO ADJOURN. COUNCIL MEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the City Council adjourned at 10:05 p.m. Respectfully submitted, ~~ke?;~(~) City Clerk -- e