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07-17-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 17,1995 Members Present: Mayor Duitsman. Councilmembers Dietz. Scheel. Farber. and Holmgren Members Absent: None Staff Present: Patrick Klaers. City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney; Steve Ach, City Planner Also Present: Jeff Asfahl. Community Recreation Director; Vicki Sullivan, 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 p.m. by Mayor Duitsman. 2. Consider Council Aaenda e The following items were added to the agenda: 4.a. Target Proclamation 4.b. Update of City Representation by Vice Mayor Scheel COUNCllMEMBER DIETZ MOVED TO APPROVE THE JULY 17, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JULY 17, 1995, CONSENT AGENDA, WITH THE EXCEPTION OF ITEMS 5.8 AND 8.17, AS FOLLOWS: 5.9. EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR DUCKS UNLIMITED AT ELK RIVER BOWL -- APPROVED 5.10. EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR CHURCH OF ST. ANDREW -- APPROVED 5.11. TEMPORARY ON-SALE, NONINTOXICATING MALT LIQUOR LICENSE ISSUED TO THE CHURCH OF ST. ANDREW -- APPROVED 5.12. INTERPRETATION OF RESOLUTION 93-102 ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WESTERN AREA PHASE I IMPROVEMENT PROJECT -- THE TWO YEAR INTEREST EXEMPTION FOR TILLABLE GREEN ACRES PROPERTY WILL BE APPLIED TO ALL PHASES OF THE WESTERN AREA IMPROVEMENTS -- APPROVED e e 4. e 4.a. Meeting of the Elk River City Council July 17, 1994/_ --, --) Page 2 --______________~o;;.>' ",..'" 5.130. PAY ESTIMATE #5 FOR THE WESTERN AREA PHASE II IMPROVEMENTS TO BARBAROSSA AND SONS, INC., IN THE AMOUNT OF $276,225.92 u APPROVED 5.13b. PAY ESTIMATE #2 TO PERKINS CONTRACTING IN THE AMOUNT OF $91,134.16 FOR WORK COMPLETED ON THE STORM SEWER IMPROVEMENTS u APPROVED 5.13c. PAY ESTIMATE #7 TO FOREST LAKE CONTRACTING, INC., IN THE AMOUNT OF $176,375.78 FOR WORK COMPLETED ON THE ELK PARK CENTER STREET AND TURN LANE IMPROVEMENTS u APPROVED 5.14. RESOLUTION 95-41 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE ELK RIVER POLICE DEPARTMENT AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY, FOR THE PROJECT SAFE AND SOBER COMMUNITIES u APPROVED. 5.15. MOTION TO ACCEPT THE HIGHEST BIDDER FOR EACH OF THE FOLLOWING VEHICLES u APPROVED 1986 FORD LTD $ 350.00 1989 FORD LTD-SUBURBAN AUTO $1,156.00 1990 FORD CROWN VIC-CHEYKA MOTORS $2,105.40 1991 FORD CROWN VIC-SUBURBAN AUTO $3,036.00 1992 FORD CROWN VIC-CHEYKA MOTORS $4,275.01 9. CHECK REGISTER u APPROVED COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider June 26, 1995. City Council Minutes COUNCILMEMBER FARBER MOVED TO APPROVE THE JUNE 26, 1995, CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. T araet Proclamation COUNCILMEMBER DIETZ MOVED TO PROCLAIM JULY 23 - 29 TO BE TARGET WEEK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.b. Update of City Representation by Vice Mayor Scheel Council member Scheel indicated that she represented the city on three different occasions including a Girl Scouts event, the opening of Wendy's, and the 14th Annual Baseball Special Olympics event. 5.1. Update on Americanwith DisabiHtiesAct . City Clerk Sandra Thackeray introduced the city's American with Disabilities Act (ADA) consultant, Julee Quarve-Peterson, Inc. Julee Quarve-Peterson addressed the Council and gave a brief overview of the ADA study which her firm completed for the City of Elk River. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE AMERICAN WITH DISABILITIES ACT STUDY AS PREPARED BY JULEE QUARVE-PETERSON, INC. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Meeting of the Elk River City Council July 17, 1994, Page 3 ... -... ---........ ---..-.. ...';,;;.......:. e 5.2. Community Youth Task Force Uodate - Rita Johnson Rita Johnson addressed the Council regarding the progress made by the Community Youth Task Force. She indicated that the Community Youth Task Force has been meeting for eighteen months. Rita Johnson addressed the following three areas of emphasis in the Community Youth Task Force Vision Statement: · To foster support for families · To foster safe opportunities for individuals to grow and leam · To foster healthier communities based on faith and values. Rita Johnson introduced Kris Kelly who is a youth member of the Task Force. Kris addressed the Council regarding the process which the Task Force underwent in order to prepare the report which was presented to the Council. She indicated that over 600 kids were interviewed to find out how the youth felt about the community and what the community needs to create a better environment for its youth. Both Rita Johnson and Kris Kelly spoke about the need for a facility for the youth. It is the preference of the Community Youth Task Force to utilize an existing building or structure in the City of Elk River rather than constructing a new facility. Mayor Duitsman suggested that the Community Youth Task Force get in contact with Community Recreation Director Jeff Asfahl as Jeff is working on programs which involve the youth in the community. tit The Mayor and Council thanked Kris Kelly and Rita Johnson for the presentation and indicated its support for the Community Youth Task Force. 5.3. Communitv Recreation Board Uodate by Council member Holmoren Council member Holmgren introduced Jeff Asfahl. Jeff Asfahl updated the Council on several issues of the Community Recreation Board. He indicated that the major issue at this time is the need for an increase in secretarial and support staff. 5.4. Utilities Commission Uodate by Council member Dietz Councilmember Dietz updated the Council on the most recent Utilities Commission meeting. He discussed the request from the Utilities Commission to consider a watering ban. The Council discussed the issue of who should have the authority to call the watering ban. It was the consensus that the attorney draft an ordinance giving the Utilities Commission the authority to call a watering ban. It was also discussed that a meeting will be held with property owners along Highway 10 to evaluate the feasibility of installing underground utilities. 5.5. Review July and Auoust City Council Meetino Schedule This item was moved to number lOon the City Council agenda. . Meeting of the Elk River City Council July 17, 1994 ) Page 4 --_._.-~< e 5.6. Consider Reauest to Hire Office Service Worker The City Clerk indicated that after interviewing for the part time position of Office Service Worker, staff is recommending the Council authorize the hiring of Joni Pearson. COUNCILMEMBER DIETZ MOVED TO HIRE JON I PEARSON FOR THE POSITION OF OFFICE SERVICE WORKER AT FOUR AND ONE-HALF HOURS PER DAY TO BEGIN JULY 24, 1995, AT $7.40 PER HOUR WITH A RECOMMENDATION TO MOVE TO THE NEXT STEP, WHICH IS $7.76 PER HOUR, FOLLOWING SUCCESSFUL COMPLETION OF A THREE MONTH ORIENTATION PERIOD AND CITY COUNCIL APPROVAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Consider Reauest to Hire Zonina Assistant Building and Zoning Administrator Steve Rohlf indicated that staff has completed interviews for the position of Zoning Assistant. He indicated that out of eight applicants interviewed, staff is recommending that the Council hire Kendra Lindahl at Step D of pay grade 8 ($1 0.42/hour). COUNCILMEMBER DIETZ MOVED TO HIRE KENDRA LINDAHL AS ZONING ASSISTANT TO BEGIN EMPLOYMENT ON AUGUST 1, 1995, AT $10.42 PER HOUR WITH A COST OF LIVING INCREASE ON JANUARY 1, 1996, AND THE FIRST STEP INCREASE TO BE ON JULY 1, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.8. Consider Purchase of Buildina/Zonina and Plannina Software Councilmember Scheel questioned whether the purchase of the software for the Building/Zoning and Planning departments would save secretarial staff time. Steve Rohlf indicated that after the system is up and running and the information has been keyed into the system, it would save secretarial staff time and would also make information more readily available to the public. COUNCILMEMBER DIETZ MOVED TO APPROVE THE EXPENDITURE OF $12,000 FOR THE PURCHASE OF SOFTWARE AND PERSONAL COMPUTERS FOR THE BUILDING/ZONING AND PLANNING DEPARTMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.16. Consider Ordinance AllowinQ for WdterRestrictions This item was moved to number lOon the agenda. 5.17. Comorehensive Plan Uodate Chairman Bob Minton updated the City Council on the progress of the Comprehensive Plan Steering Committee. . Meeting of the Elk River City Council July 17, 199~) ------------------- '") Page 5 e 6.1 a. Consider Resolution Approvina Plans and Specifications and Orderinq Advertisement for Bids for Dodae A venue/Elk Hills Drive Intersection COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-42, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE ELK HILLS DRIVE/DODGE AVENUE IMPROVEMENT FOR 1995. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5. O. 6.1 b. Review Survey Results on Cul-de-Sac Question Terry Maurer indicated that a questionnaire was sent to all residents of Elk Hills Drive Addition asking whether residents were in favor of cul-de-sacing Elk Hills Drive. Terry Maurer indicated that after receiving the results back from the residents, the respor\se was overwhelmingly against cul-de-sacing Elk Hills Drive. 6.1 c. Consider Installina Stop Sian on Elk Hills Drive Terry Maurer indicated that he has received a request from Gary Santwire to consider installing the stop sign at Elk Hills Drive prior to the beginning of the reconstruction project. Pat Hetrick, resident of Elk Hills Drive, indicated she was against the installation of the stop sign prior to the reconstruction project. e Councilmember Holmgren indicated that cul-de-sacing Elk Hills Drive would eliminate the possibility of Elk Hills Drive becoming a thoroughfare if the land east Elk Hills Drive develops. COUNCILMEMBER DIETZ MOVED NOT TO INSTALL THE STOP SIGN AT ELK HILLS DRIVE PRIOR TO THE CONSTRUCTION UNLESS THE SITUATION BECOMES UNSAFE, AT WHICH TIME THE STOP SIGN WOULD BE INSTALLED, AND FURTHER, THAT THE STOP SIGN BE INSTALLED PERMANENTLY AFTER CONSTRUCTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1 d. Consider Response to Letter from REP, Ltd. City Engineer Terry Maurer reviewed a letter that was submitted to the City Administrator from REP, Ltd., of Elk River regarding the Elk Hills Drive/Dodg.e Avenue intersection. This letter was dated June 26, 1995. The City Council discussed the three points raised in the letter regarding the design of the intersection and the request not to assess property south of Elk Hills Drive for the improvements. COUNCILMEMBER SCHEEL MOVED THAT THE PROPERTY SOUTH OF ELK HILLS DRIVE NOT BE ASSESSED FOR THE INTERSECTION IMPROVEMENTS IN EXCHANGE FOR ACQUIRING THE NECESSARY EASEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Meeting of the Elk River City Council July 17, 19~4 ) ------_________1>__.;/ ? Page 6 e 6.2. Verbal Uodate on Construction Proiects City Engineer Terry Maurer updated the Council on the following projects: · Western Area Phase II · County Road 12/13 · County Road 1 · Main Street/Evans A venue drainage Council member Farber indicated his concern regarding pedestrian traffic crossing Freeport Avenue near Jackson Avenue. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE INSTALLATION OF PEDESTRIAN CROSSING SIGNS AT JACKSON AND FREEPORT AVENUES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Ooen Mike e Bill Kennedy, 10205 201st Avenue NW, questioned staff interpretation of City Code regarding temporarily living in a mobile home while constructing a permanent residence. Mr. Kennedy indicated he currently lives in a mobile home on his property and is in the process of constructing a single family dwelling. He indicated that staff has stated that he will need a conditional use permit to continue living in his mobile home. Mr. Kennedy indicated that the time it takes to go through the process for a conditional use permit will cause him a delay in finishing his house. steve Ach indicated that the purpose of the city's existing ordinance is to ensure the removal of the mobile home once the dwelling is constructed. He further indicated that Mr. Kennedy's situation is different in that he is currently living in the mobile home prior to beginning construction on his house and, therefore, could have a condition of the building permit to remove the mobile home when the new home is completed. Peter Beck indicated that the city would be able to execute a document and have it signed by the Kennedys to assure that there are not two dwellings remaining on the property. It was the consensus of the Council to allow the Kenl1edyst() remainin their mobile home while constructing their single family dwelling and that the mobile home shall be removed following completion of the single family dwelling. 8.1. Variance Request bv Dennis and Arlene Mootz, Public Hearinq, Case No. V 95-4 e City Planner Steve Ach indicated that the applicant is requesting an eight foot front yard setback variance from County Road 33 right-of-way to accommodate a detached 14 foot by 20 foot garage. The property is located at 10213 209th Avenue NW in the City of Elk River. Steve Ach reviewed the staff report on this issue. He further indicated that both staff and Planning Commission recommend approval of the variance. e Meeting of the Elk River City Council Page 7 July 17, 19!1,!,' .;:.,. - n ____ n _ _ n___ _ __ -.) 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 APPROVE THE 8 FOOT FRONT YARD SETBACK VARIANCE FROM COUNTY ROAD 33 REQUESTED BY DENNIS AND ARLENE MOOTZ TO CONSTRUCT A 14 FOOT BY 20 FOOT GARAGE AT 10213 209TH AVENUE NW BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY THE FACT THAT APPLYING THE EXISTING 50' SETBACK STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES, OR THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR OF THE PARCEL AWAY FROM THE EXISTING HOME. 2. HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE DUE TO THE DROP OFF, WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND THE LOSS OF SEVERAL MATURE OAK TREES. 3. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD, AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.2. Request for Preliminary Plat Approval by Lindquist/Mastley rWeatherwood Plat}, Public Hearinq, Case No. P 95-01 City Planner Steve Ach indicated that the applicant has requested that this issue be continued until the July 24, 1995, City Council meeting. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PRELIMINARY PLAT FOR THE WEATHERWOOD SUBDIVISION UNTIL THE JULY 24, 1995, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. Review of Conditional Use Permit for Commercial Asphalt. Public Hearinq, Case No. CU 95-13 Building and Zoning Administrator Steve Rohlf indicated that Commercial Asphalt Company is requesting renewal of a conditional use permit to run a hot mix bituminous plant in an existing gravei mine. The location of the property lies within the southwest corner of the intersection of County Road 33 and US Highway 169. Steve Rohlf reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the permit. Steve Rohlf also indicated that the conditional use permit will be in effect for two years. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY COMMERCIAL ASPHALT COMPANY TO RUN A HOT MIX BITUMINOUS PLANT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Meeting of the Elk River City Council July 17, 19~4 / Page 8 e Curtis Muller, 19815 Zebulon, questioned why the Weatherwood preliminary plat was continued. He indicated he had a concern regarding the east/west road in the plat and indicated he did not want the street to run directly in front of his property. City Planner Steve Ach indicated that the applicant requested that they have more time to address the Planning Commission's comments and indicated that Mr. Muller can contact him any time during the week to discuss the issue. 8.4. Reauest by Ken Beaudry for Conditional Use Permit, Public Hearina, Case No. CU 95-10 City Planner Steve Ach indicated that Ken Beaudry has requested a conditional use permit to construct a car wash facility plus an additional 4,700 square feet of commercial space at the northeast corner of Proctor A venue and Highway 10. Steve Ach indicated that he has received revised plans since the Planning Commission meeting. He indicated that many of the Planning Commission's concerns have been addressed in the revised plans. Planning Commission representative Vicki Sullivan indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. e Barb Maricle, 1234 6th Street, indicated her concern regarding the traffic off of Proctor A venue and the fact that there are many times that the Proctor A venue traffic blocks the intersection which prevents the people on 6th Street from exiting onto Proctor. She further indicated her concern regarding the high speed on Proctor Avenue. There being no further comments from the public, Mayor Duitsman closed the public hearing. Council member Dietz questioned whether the signal could be changed to allow for a left turn on both sides of Highway 10. Terry Maurer indicated he would contact MnDOT regarding this request. Planning Commission representative Vicki Sullivan indicated that the Planning Commission's concerns have been addressed and that the Planning Commission recommended approval. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR KEN BEAUDRY TO CONSTRUCT A CAR WASH FACILITY AND AN ADDITIONAL 4,700 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT THE NORTHEAST CORNER OF PROCTOR AVENUE AND HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: 1. ALL THE COMMENTS OUTLINED IN STAFF'S REPORT TO THE PLANNING COMMISSION DATED JUNE 27, 1995 BE INCORPORATED INTO THE REVISED SET OF PLANS. 2. ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 21, 1995 ALSO BE INCORPORATED INTO THE REVISED SET OF PLANS. e Meeting of the Elk River City Council July 17, 1994 -___________u__~"" Page 9 e 3. FREESTANDING SIGNAGE BE A MONUMENT STYLE AND NOT EXCEED FIFTEEN (15) FEET IN HEIGHT. EACH TENANT SPACE UTILIZE WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS. 4. FOUR COMPLETE SETS OF PLANS BE SUBMITTED TO STAFF FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 5. REVISE THE TRAFFIC ISLANDS BY THE DIESEL FUEL PUMPS TO ALLOW ADDITIONAL STACKING FOR THE CAR WASH. 6. NO OUTDOOR STORAGE OR PARKING OF DELIVERY TRUCKS ASSOCIATED WITH BEAUDRY OIL. 7. SIDEWALKS BE MOVED AWAY FROM THE FRONT OF THE BUILDING, AND PROVIDE ADDITIONAL GREEN SPACE BETWEEN THE BUILDING AND PEDESTRIAN CIRCULATION PATTERNS. .., COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council to direct the Police Chief to look at speed enforcement on Proctor Avenue. 8.5. Reauest bv Jeff Colbath for Conditional Use Permit. Public Hearina. Case No. CU 95-11 e City Planner Steve Ach indicated that Jeff Colbath is requesting a conditional use permit to operate an upholstery business out of his existing home located at 13155 183rd Avenue NW. Steve Ach reviewed staff report on this issue. He indicated that staff and Planning Commission have recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Council member Holmgren raised a concern regarding whether boats would be kept in the yard overnight. Mr. Colbath indicated that there would be no more than one boat at a time stored outdoors other than his own boat. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY JEFF COLBATH TO OPERATE AN UPHOLSTERY BUSINESS OUT OF HIS HOME LOCATED AT 13155183RDAVENUE NW WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE FROM 7 AM TO 10 PM, AS PER CITY CODE. 2. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED, WITH THE EXCEPTION OF ONE CUSTOMER'S BOAT BEING ALLOWED TO BE KEPT IN THE DRIVEWAY AT ANY ONE TIME. 3. SIGNAGE BE LIMITED TO TWO SQUARE FEET, AND MOUNTED FLAT ON THE WALL OF THE DWELLING. e Meeting of the Elk River City Council July 17, 1994, Page 10 ....... ---.... --------... :"',;".~ e 4. A MAXIMUM OF ONE FULL-TI E EMPLOYEE, OR EQUIVALENT, OTHER THAN THOSE PERSONS WHO CUST MARIL Y RESIDE ON THE PREMISES, SHALL BE EMPLOYED. 5. IF VALID COMPLAINTS ARE R CEIVED, THIS ITEM WILL BE BROUGHT BACK BEFORE THE PLANNING COM ISSION AND CITY COUNCIL FOR REVIEW. COUNCILMEMBER SCHEEL SECONDE THE MOTION. THE MOTION CARRIED 5-0. 8.6. Bill Dickenson for Condit onal Use Permit Public Hearin Case No. CU City Planner Steve Ach indicated th t Bill Dickenson is requesting a conditional use permit to add additional parkin area and drive aisle area near the front of the parcel of property located sout of County Road 1, immediately east of the city trail. Steve Ach indicated that raus-Anderson recently received a conditional use permit for this parcel to construct a bus terminal and to add multiple principal buildings on the si e. He further indicated that Mr. Dickenson is requesting additional parking for th buses. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed he public hearing. Planning Commission representativ Vicki Sullivan stated that the Planning Commission recommended approv I of the request. e COUNCILMEMBER SCHEEL MOVED T APPROVE THE CONDITIONAL USE PERMIT TO EXPAND THE PARKING AREA AND DRI E AISLE SPACE AS REQUESTED BY BILL DICKENSON WITH THE FOLLOWING C NDITIONS: 1. THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JUNE 22, 1995 BE INCORPORATED INTO THE RE IS ED SITE PLAN. 2. THE NEW PARKING AREA BE VERLAID WITH A BITUMINOUS SURFACE AND BE BOUND BY CONCRETE CURB NO GUTTER. 3. THE NEWLY PAVED AREAS SH LL BE USED AS TEMPORARY WARMING AREAS ONLY AND NOT BE USED FOR VERNIGHT PARKING OF BUSES OR EXTENDED BUS STORAGE. COUNCILMEMBER DIETZ SECONDED T EMOTION.. THE MOTION CARRIED 5-0. 8.7. City Planner Steve Ach indicated th t Allan Hanse is requesting a 25 foot front yard setback variance from the req ired 50 foot setback from the Vernon Street right-of-way to accommodate a de ached 22 foot by 28 foot garage located at 21340 Vernon Street NW. Steve Ach reviewed the staff report on this issue. He indicated that the Planning Commis ion and staff have recommended approval based on the findings stated in the r port. e Mayor Duitsman opened the public earing. There being no one for or against the matter, Mayor Duitsman closed t e public hearing. Meeting of the Elk River City Council July 17, 19~~ Page 11 , - ----..._----------~ e COUNCILMEMBER FARBER MOVED TO APPROVE A 25 FOOT SETBACK VARIANCE FROM THE RIGHT-OF-WAY OF VERNON STREET AS REQUESTED BY ALLAN HANSE OF 21340 VERNON STREET NW BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP, BY THE FACT THAT APPLYING THE EXISTING 50-FOOT SETBACK STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES, OR THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR OF THE PARCEL AWAY FROM THE EXISTING HOME. 2. THE INTENT OF THE A-1 SETBACK STANDARDS ARE FOR A 1 O-ACRE MINIMUM LOT SIZE. THE LOTS IN THE GREENHEAD ACRES 3RD ADDITION RANGE IN SIZE BETWEEN 2 ACRES TO 8 ACRES, MAKING IT DIFFICULT, IN CERTAIN SITUATIONS, TO MEET ALL THE SETBACK REQUIREMENTS. 3. HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE, DUE TO THE DROP OFF, WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND THE lOSS OF SEVERAL MATURE OAK TREES. 4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD, AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.8. Reauest by Bob and Karen Dare for Conditional Use Permit. Public Hearina. Case No. CU 95-14 City Planner Steve Ach indicated that Bob and Karen Dare of Dare's Funeral Home are requesting a conditional use permit to expand the existing funeral business located at the southwest corner of Main Street and King Avenue. Mayor Duitsman opened the public hearing. John Anderson, 208 Lowell Avenue, indicated his concern regarding the significant grade of the potential pathway and how it will affect his property. He further indicated his request for screening along the parking area closest to his home. Mr. Bob Dare indicated that he will work with the Anderson I s regarding these issues. There being no further comments. Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY BOB AND KAREN DARE TO EXPAND THEIR EXISTING FACILITY LOCATED AT THE SOUTHWEST CORNER OF MAIN STREET AND KING AVENUE AND TO MAKE VARIOUS SITE IMPROVEMENTS BASED ON THE FOLLOWING CONDITIONS: e 1. COMMENTS OUTLINED IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED JUNE 27, 1995, AS WELL AS COMMENTS CONTAINED IN THE CITY Meeting of tl.1e Elk River City Council July 17, 1994) \.../ Page 12 e ENGINEER'S MEMO DATED JUNE 22, 1995, BE INCORPORATED INTO THE REVISED PLANS. 2. PRIOR TO ISSUANCE OF BUILDING PERMIT, FOUR COMPLETE SETS OF REVISED PLANS BE PROVIDED FOR REVIEW AND APPROVAL BY CITY STAFF. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.9. Reauest by Elk River Develooment Corooration for Easement Vacation. Public Hearina, Case No. EV 95-5 8.10. Consider Final Plat AODroval of Elk River Retail Center. Case No. P 94-10 City Planner Steve Ach indicated that Elk River Development Corporation is requesting an easement vacation for street, drainage, and utility easements located within a portion of Dodge Street immediately north of Elk Hills Drive. Steve Ach further stated that the developers of the proposed Elk River Retail Center are requesting that the vacated portion of additional right-of-way which lies outside of proposed improvements to Dodge Street be made part of the proposed plat and development plan. Steve Ach stated that Elk River Development Corporation is also requesting final plat approval of Elk River Retail Center which consists of four commercial lots along Elk Hills Drive, Dodge Street, and US Highway 169. Mayor Duitsman opened the public hearing for issues 8.9. and 8.10. e Bruce Peterson, consultant for the developers, submitted a revised plan to staff and Council showing the easements being located between Lots 2 and 3. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-43, A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-44, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ELK RIVER RETAIL CENTER WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. 2. PARK DEDICATION FEE IN THE AMOUNT OF 1,500 PER ACRE BE PAID PRIOR TO THE RELEASE OF FINAL PLAT. 3. A STORM DRAINAGE IMPACT FEE IN THE AMOUNT OF $741.60 PER ACRE, TO BE PAID PRIOR TO RELEASE OF FINAL PLAT. 4. DEVELOPER CONSTRUCT A 6-FOOT WIDE CONCRETE SIDEWALK ALONG THE WEST SIDE OF DODGE AVENUE, FROM THE INTERSECTION OF ELK HILLS DRIVE TO THE NORTHERN LIMITS OF THE PROPOSED DEVELOPMENT. e Meeting of the Elk River City Council July 17, 19!jJ4 )~ __........__.._..____....~::... 0....,,01 Page 13 e 5. DEVELOPER PAY FAIR SHARE OF ROAD IMPROVEMENTS TO DODGE AVENUE AND ELK HILLS DRIVE, BETWEEN DODGE AND US HWY 169. THIS FAIR-SHARE AGREEMENT BE OUTLINED, AND BE MADE PART OF THE DEVELOPERS AGREEMENT. 6. CROSS ACCESS PARKING AGREEMENT BE PREPARED AND REVIEWED BY THE CITY PRIOR TO RELEASING THE FINAL PLAT, FOR RECORDING. 7. NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS DRIVE BE COMPLETED PRIOR TO OCCUPANCY OF ANY BUILDINGS WITHIN THE PLANNED UNIT DEVELOPMENT. 8. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT THAT CORRESPOND WITH THE PROPOSED IMPROVEMENTS TO DODGE STREET AND ELK HILLS DRIVE. 9. DRAINAGE CALCULATIONS BE PROVIDED TO THE CITY ENGINEER TO VERIFY ADEQUATE SIZING OF STORM DRAINAGE POND AT SOUTH END OF THE PLAT. 10. WATER ACCESS CHARGE IN THE AMOUNT OF $300 PER LOT SHALL BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. ADDITIONAL FEES WILL NEED TO BE PAID AT THE TIME OF ACTUAL HOOK-UP TO THE SYSTEM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.11. Request by City of Elk River for Easement Vacation (221 st riaht-of-way), Public Hearina, Case No. EV 95-6 Building and Zoning Administrator Steve Rohlf indicated that the City of Elk River is requesting to vacate the original alignment of 221st Avenue. Steve Rohlf explained that the City Council recently approved the realignment of 221 st A venue in order to remove the dangerous curves from a section of the road. He stated that part of the city's agreement with the adjacent property owners was that the city would vacate the original alignment. 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 95-45, A RESOLUTION FOR VACATJNGSTREET, DRAINAGE, AND UTILITY EASEMENTS ALONG 221S1AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.12. Easement Vacation Request by Jamie Slocum and Jeffrey Redbera, Public HearinQ, Case No. EV 95-7 City Planner Steve Ach indicated that Jamie Slocum and Jeffrey Redberg have requested an easement vacation of the drainage and utility easement along the south property line of Lot 7, Block 3, Countryside Acres. Steve Ach indicated that the request is being made because the property line of Lot 7, Block 3, is being readjusted in order to conform to the minimum sideyard setback of 20 feet. e Meeting of the Elk River City Council July 17, 1994 ,,......, e Page 14 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 ADOPT RESOLUTION 95-46, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS FOR CASE NO. EV 95-7. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.13. Reauest for Final Plat Aooroval. Cherrvhill Bluffs 4th Addition, P 95-3 1. 2. 3. e 4. 5. 6. Steve Ach indicated that a request has been made for final plat approval for Cherryhill Bluffs 4th Addition. He stated that Cherryhill Bluffs 4th Addition consists of a cul-de-sac extending to the north limits of the plat with 16 single family lots and two outlots. Steve Ach presented the staff report on this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-47, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR CHERRYHILL BLUFFS 4TH ADDITION WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. PARK DEDICATION FEE'S IN THE AMOUNT OF $8,000, BE PAID PRIOR TO RECORDING THE FINAL PLAT. A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $1,977.60, BE PAID PRIOR TO RECORDING THE FINAL PLAT. A WATER ACCESS CHARGE IN THE AMOUNT OF $4,800, BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RECORDING THE FINAL PLAT. OUTLOT B, BE DEEDED TO THE CITY. THAT PORTION OF OUTLOT A BELOW THE 100-YEAR ELEVATION BE ENCUMBERED WITH A DRAINAGE UTILITY EASEMENT TO ALLOW FOR STORM DRAINAGE NEEDS FROM THE CITY'S REGIONAL POND TO HIGHWAY 169 RIGHT-OF-WAY. 7. A DEVELOPMENT PLAN BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF ANY BUILDING PERMITS IN THE PROPOSED FINAL PLAT. 8.A LANDSCAPE PLAN BE SUBMITTED IDENTIFYING THE REQUIRED FRONT YARD TREES ON EACH LOT. 9. OUTLOT A BE ATTACHED TO LOT 1, BLOCK 1, HILLSIDE CROSSINGS SOUTH. 10. DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS ASSOCIATED WITH THE FINAL PLAT. e 12. 11. STREET LIGHTS BE PROVIDED AS REQUIRED BY ELK RIVER UTILITIES. A SEALCOATING FEE BE PAID IN THE AMOUNT AS DETERMINED BY THE CITY ENGINEER. Meeting of the Elk River City Council July 17, 1994 .. Page 15 e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.14. Consider Temoorarv Use of the Former County Market Soace in the Elk River Mall, Case No. GZ 95-1 e 1. 2. 3. 4. 5. 6. 8.15. e Steve Ach indicated that a request has been made by Living Waters Church for a temporary use of the former County Market space to conduct a two week evangelistic crusade. He indicated that the crusade would run from August 18 through September 1. Steve Ach stated that the meetings are expected to begin at 7 p.m. and end at approximately 11 p.m.. and further stated that a request has been made for approximately 1.500 chairs. a small stage, and a sound system to be set up to accommodate the meetings. Discussion was held regarding the possibility of not enough parking space available if 1.500 seats are used. Discussion was further held regarding the possible necessity of policing the parking lot. Councilmember Holmgren suggested that the church contact the school to see if the Parker Elementary parking lot could be used for overflow parking. It was the consensus of the Council to receive input from the Police Chief regarding whether it will be necessary to have an officer on site during the crusade. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE LIVING WATERS CHURCH REQUEST TO CONDUCT A TWO WEEK EVANGELISTIC CRUSADE WITHIN THE FORMER COUNTY MARKET SPACE WITH THE FOLLOWING CONDITIONS: THE BUILDING OFFICIAL AND FIRE CHIEF INSPECT THE SPACE TO BE UTILIZED AND APPROVE ALL PUBLIC SAFETY ISSUES PRIOR TO OCCUPANCY. THE AVAILABLE SEATING ASSOCIATED WITH THE CRUSADE HAVE A MAXIMUM OF 1,000 SEATS. THAT STAFF CHECK WITH THE SCHOOL DISTRICT TO SEE IF PARKER ELEMENTARY CAN BE USED FOR OVERFLOW PARKING. THAT MEETINGS SHALL NOT EXTEND PAST 11 P.M. DURING THE TWO WEEK CRUSADE. THAT THE DATES OF THE CRUSADE BE AUGUST 18 THROUGH SEPTEMBER 1, 1995. THAT STAFF CHECK WITH THE POLICE CHIEF TO SEE IF EXTRA ENFORCEMENT WILL BE NECESSARY, AND FURTHER, IF IT IS NECESSARY, THAT THE LIVING WATERS CHURCH PAY FOR THIS SERVICE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Reauest by Solid Rock Church for Temoorarv Use of Outlot A. Brentwood Subdivision for Revival, Case No. GZ 95-3 Steve Ach indicated that Solid Rock Church is requesting a temporary use on Outlot A of the Brentwood Subdivision to hold nightly tent revival meetings in August. He indicated that the Solid Rock Church is proposing a ten day tent Meeting of the Elk River City Council July 17, 1994 ....-,./ Page 16 e revival meeting from August 21 through August 31. The meetings are expected to begin at 7 p.m. and last until 10 p.m. with an estimated number of 300 people per night. The City Council discussed the possibility of whether or not police services would be necessary. It was the consensus of the Council to check with the Police Chief regarding this issue and further, that if police services are necessary, they be charged to Solid Rock Church. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE REQUEST BY SOLID ROCK CHURCH TO OPERATE A TEMPORARY TENT REVIVAL MEETING FROM OUTLOT A OF THE BRENTWOOD SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. OUTLOT A BE RETURNED TO ITS ORIGINAL CONDITION ONCE THE TENT REVIVAL IS COMPLETED. 2. THAT THE PARKING AREA BE DEFINED WITH ROPE OR OTHER MATERIAL TO DELINEATE THE BOUNDARIES OF THE PARKING LOT. 3. THAT THE FIRE CHIEF AND BUILDING OFFICIAL REVIEW THE TENT AND LAYOUT TO ENSURE COMPLIANCE WITH STATE BUILDING AND FIRE CODES. 4. THE HOURS OF OPERATION NOT EXTEND BEYOND 10 P.M. 5. STAFF REVIEW THIS ISSUE WITH THE POLICE CHIEF TO DETERMINE WHETHER POLICE SERVICES ARE NECESSARY AND IF THEY ARE NECESSARY THAT THE CHARGE FOR THESE SERVICES BE PAID BY SOLID ROCK CHURCH. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.16. Reauest for Establishinq a Private Road bv David Hauan, Case No. GZ 95-2 Steve Ach indicated that David Hauan has requested the Council to consider a private roadway agreement to accommodate further development of his property. Steve Ach stated that there is no public right-of-way or approved private road agreement providing access to the property in question. He stated that one option would be to approve a private roadway agreement and another option would be for the owners to dedicate property for a public road to be built. Mr. Hauan indicated that prior to subdividing the property, a private roadway agreement providing for emergency access was approved by the City Council. He indicated that he was under the impression that this private roadway agreement could be utilized to serve his property after it was subdivided. Steve Ach indicated that it is staff's opinion that the private roadway agreement was issued for the two five acre parcels only and not the balance of Mr. Hauan's property. Steve Ach stated that extending the private roadway to Mr. Hauan's property will allow for development to occur. It was the consensus of the City Council that Mr. Hauan did not subdivide his property with the intention of not having access to the property. It was further the consensus that Mr. Hauan was definitely under the impression that the private road agreement could be utilized to access his property. e e Meeting of the Elk River City Council Page 17 July 17, 1994 . '- _u__nnn_nn_:::-' ../ COUNCILMEMBER SCHEEL MOVED TO APPROVE MR. HAUAN'S REQUEST FOR A PRIVATE ROAD AGREEMENT WITH THE FOLLOWING CONDITIONS: 1. THE PRIVATE ROAD AGREEMENT DESCRIBE A 30 FOOT EASEMENT TO THE NORTH LIMITS OF THE PROPERTY. 2. THE NEW ROADWAY BE CONSTRUCTED OF A HARD SURFACE (I.E. CLASS 5) AS APPROVED BY THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 8.17. Present Planninq Commission Recommendation on the Setbacks for Lumber Yard from Public and Institutional Uses City Planner Steve Ach stated that the City Council recently adopted an ordinance amendment relating to lumber yards as a conditional use in C3 zoning districts. He stated that the City Council then asked the Planning Commission to review the possible need for additional setback requirements for lumber yards when adjacent to schools and churches. e Steve Ach indicated that the Planning Commission discussed this issue on June 20, 1995. He indicated that the Planning Commission felt that the conditional use permit process provides the opportunity for the Planning Commission and Council to consider each development proposal and to determine the appropriate setbacks based on the use and its impact on adjacent uses. He indicated that the Planning Commission concurred with the City Council that increased setbacks for lumber yards may be necessary, however, it was the consensus of the Commission to utilize the seven criteria for granting a conditional use permit to address impacts of lumber yards on adjacent land uses. Councilmember Scheel stated that she felt that all requests should be treated equal as opposed to looking at each one on a separate basis. It was the consensus of the majority of the Council to concur with the Planning Commission's recommendation to utilize the seven criteria for granting a conditional use permit to address the impacts on lumber yards on adjacent land uses. 10. Other Business Councilmember Scheel reviewed two complaints she received from residents regarding a house in a wetland area located on 213th Avenue and a complaint relating to Perkins Restaurant and the fact that it would be unfair to not allow them to open 24 hours. e Mayor Duitsman indicated that the Ridgewood Association has voted five times with a recent vote of 29-8 not to have a street light in the area. He indicated that there is a street light to the north of the area on 191 st A venue and further stated that the proposed street light was not in the city utilities district. He further indicated that the street light would have to be paid by the city. The City Council Meeting of the Elk River City Council July 17, 1994 . Page 18 -_______________;;,..d" e discussed the issue. Councilmember Dietz indicated that this street light was already approved by the Council and, therefore, should be put in. The Council concurred. No further action was taken by the Council regarding this issue. 5.5. Review Julv and Auaust City Council Meetina Schedule The City Administrator reminded the Council that the Economic Development Authority has rescheduled its August meeting for Tuesday, August 8, 1995, at 5:00 p.m. COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 31, 1995, AT 5:00 P.M. TO HOLD A JOINT CITY COUNCIL/UTILITIES COMMISSION MEETING AND AN EAST ELK PARK IMPROVEMENT PROJECT WORKSESSION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council to meet on August 7 for a regular City Council meeting and to have no meeting on August 14. 5.16. Review Water Restrictions Ordinance It was the consensus of the Council to review this issue on 7/31/95 and to have a draft ordinance available at that meeting per the earlier discussion under Item 5.4. 12. Adiournment e There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River was adjourned at 9:35 p.m. Respectfully submitted, ~k~/~ City Clerk e