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08-21-1995 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 21, 1995 Mayor Duitsman, Council members Dietz, Scheel, Farber, and Holmgren None Patric.k Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City A ttorney; Steve Ach, City Planner; Gary Schmitz, Assistant Planner Bob Minton, Planning Commission/Steering Committee 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 COUNCILMEMBER DIETZ MOVED TO APPROVE THE AUGUST 21, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.1. 4.2. 7.5e. 7.5b. 7.5e. 7.5d. 7.6. 7.7. e AUGUST 7, 1995, REGULAR CITY COUNCIL MINUTES.. APPROVED AUGUST 7, 1995, EXECUTIVE SESSION CITY COUNCIL MINUTES -- APPROVED FINAL PAY ESTIMATE FOR THE ELK PARK CENTER UTILITY IMPROVEMENTS TO ARCON CONSTRUCTION, INC., IN THE AMOUNT OF $10,000 -- APPROVED PAY ESTIMATE #3 FOR THE HIGHWAY 12/13 STORM SEWER IMPROVEMENTS TO PERKINS CONTRACTING,INC., IN THE AMOUNT OF $35,407.12 -- APPROVED PAY ESTIMATE #6 FOR THE WESTERN AREA PHASE II IMPROVEMENTS TO BARBAROSSA AND SONS, INC., IN THE AMOUNT OF $123,788.72 .. APPROVED PAY ESTIMATE #1 FOR THE MAIN/EVANS STORM SEWER IMPROVEMENTS TO BARBAROSSA AND SONS, INC., IN THE AMOUNT OF $71,050.97 -- APPROVED SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 18, 1995, TO CONSIDER A REQUEST fOR TAX INCREMENT FINANCING ASSISTANCE FROM TL FEEDING SYSTEMS, INC. -- APPROVED TEMPORARY 3.2 ON-SALE BEER LICENSE FOR THE ELK RIVER LIONS TO SELL BEER AT THE FIRE DEPARTMENT OPEN HOUSE ON SEPTEMBER 9, 1995 -- APPROVED Elk River City Council Minutes August 21, 1995 e 7.8. 7.15. 9.8. 9.11. Page 2 TEMPORARY SET -UP LICENSE FOR THE ELK RIVER LIONS TO SELL SET-UPS FOR THE ELK RIVER FIRE DEPARTMENT STREET DANCE ON SEPTEMBER 9, 1995 __ APPROVED RESOLUTION 95-50, WAIVING THE 30 DAY WAITING PERIOD FOR AN EXEMPTION TO LAWFUL GAMBLING LICENSE REQUESTED BY THE ELK RIVER/ZIMMERMAN WOMEN OF TODAY FOR AUGUST 26, 1995 -- APPROVED CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT, SECTION 900.24 SUBD. 4, DRIVEWAY SETBACK, CASE NO. OA 95-10 -- TABLED RESOLUTION 95-51, APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 95-15 AMENDING SECTION 1008 OF THE CITY OF ELK RIVER SUBDIVISION ORDINANCE -- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Motion to Call Executive Session of the City Council COUNCILMEMBER HOLMGREN MOVED TO RECESS INTO EXECUTIVE SESSION AT 6:07 P.M. TO DISCUSS PENDING LITIGATION OF THE EARL HOHLEN PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Executive Session of the City Council The City Council held an executive session, which is closed to the public, to discuss the pending litigation of the Earl Hohlen property. e COUNCILMEMBER HOLMGREN MOVED TO RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL AT 6:22 P.M. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Consider Appreciation Proaram Policy The City Administrator informed the Council that this issue was continued from the August 7 City Council meeting. The City Council discussed the issue of whether to include paid commission members in the recognition program being proposed by the City Council. After much discussion regarding this issue it was concluded that paid commission members would not be included in the recognition program, and further, that staff liaisons would not be requested to attend the program. The Council further concluded that the City Administrator should attend in place of the staff liaisons. COUNCILMEMBER DIETZ MOVED TO APPROVE THE RECOGNITION PROGRAM FOR UNPAID VOLUNTEERS, EXCLUDING ALL PAID VOLUNTEERS UNLESS THEY ARE INVOLVED WITH ANOTHER COMMITTEE OR COMMISSION WHICH IS UNPAID, AND FURTHER THAT THE CITY ADMINISTRATOR WOULD ATTEND AS STAFF LIAISON AND THE CITY CLERK WOULD ATTEND AS COORDINATOR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. fire Department Compensation Task Force e Mayor Duitsman updated the Council on the recently held Fire Department Compensation Task Force meeting. Mayor Duitsman indicated that the members of the fire department have indicated their desire to keep a defined benefit retirement plan. He informed the Council that another meeting would be held Elk River City Council Minutes August 21. 1995 Page 3 e on September 12 to discuss the issues that need to be resolved. He further indicated that no decisions were made at the recent Task Force meeting. 7.3. Update on Zoning Code Violations and Nuisance Complaints Building and Zoning Administrator Steve Rohlf reviewed zoning code violations and nuisance complaints which his department has dealt with in 1995. Mayor Duitsman indicated that he would appreciate being updated on these issues on a regular basis. Steve Rohlf discussed Case No. 95-17 (hazardous building). He indicated that Mr. Wallin, the property owner, was present. Mike Wallin, property owner for Case No. 95-17 (hazardous building) indicated that he received a quote to have the correction work completed. He further indicated that the contractor would not be able to begin work until 30 days. Steve Rohlf indicated that he is prepared to take legal action on this issue. Mayor Duitsman suggested that Mr. Wallin ensure that the work has begun within 30 days and requested city staff to report back to the Council within 35 days on this issue. The Council concluded that Mr. Wallin should store other debris on the property in the shed, or make sure that it is out of sight. 7.4. Purchase of Tax Forfeited Lands e Steve Rohlf indicated that staff is recommending that the city purchase the following tax forfeit properties. · Parcel 75-130-1107 - Purchase price of $1250 · Parcel 75-428-Q005 - Outlot A Ridgewood - Purchase price of $581.95 · Parcel 75-430-01 70 - Lot 13, Block 1, Meadowvale - Purchase price of $16,500 COUNCILMEMBER HOLMGREN MOVED TO PROCEED WITH THE PURCHASE OF THE ABOVE LISTED TAX FORFEIT PROPERTIES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 7.9. Consider Chanae Order for Downtown Municipal Parkina Lot Improvements City Engineer Terry Maurer indicated that MSA Consulting Engineers have prepared a plan for the resurfacing and re-striping of the parking lot located north of Main Street and west of Jackson A venue, behind the downtown businesses. He indicated that he has requested Barbarossa and Sons, who is the contractor for the Western Area Phase II improvements, to give a quote on this work as a possible change order to the Western Area project. Terry Maurer indicated that the quote provided by Barbarossa is in the amount of $35,294. e COUNCILMEMBER FARBER MOVED TO APPROVE THE CHANGE ORDER TO BARBAROSSA AND SONS FOR THE WESTERN AREA PHASE II PROJECT FOR IMPROVEMENTS TO THE PARKING LOT LOCATED NORTH OF MAIN STREET AND WEST OF JACKSON AVENUE BEHIND THE DOWNTOWN BUSINESSES IN THE AMOUNT OF $35,294. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes August 21. 1995 Page 4 . 7.10. Consider Council Meetina Schedule for Review of City Budaet The City Administrator informed the Council that there may be a need for a special Council meeting in September to review the 1996 General Fund budget. It was the consensus of the Council to call a special meeting in September. if necessary, during the August 28 Council meeting. 7.11. Public Imorovement Proiect Uodate by City Enaineer City Engineer Terry Maurer reviewed the status of the following improvement projects that are taking place in the City of Elk River: · Western Area Phase" -Streets, trunk sewer and water - Councilmember Dietz informed the City Engineer that the weeds on both sides of the new trail system along County Road 30 are very high and unsightly. Terry Maurer indicated he would contact the county regarding this issue. Council member Dietz questioned the necessity of the stop sign on Joplin Street at the intersection of Orono Parkway. He indicated that Joplin is a major collector street and did not feel it was necessary for a stop sign to be located at that location. The City Administrator indicated that the stop sign was placed at Joplin Street and Orono Parkway in anticipation of the excess traffic during the County Fair. The City Administrator further indicated that the stop sign was temporary. It was the consensus of the Council that the stop sign be removed. e · Elk Park Center Imorovement Proiect - Councilmember Farber requested the city to check into the weeds that are growing around the pond and the black silt fence that is still showing around the pond area. · Elk Hills Drive and Dodoe A venue Intersection Imorovements · County Imorovement Proiect for County Road 1 · Country Traffic Sianal Warrants Analysis for the Intersection of School Street and County Road 1 - The City Administrator indicated that the county is planning to authorize a study of the County Road 1 and School Street intersection. He further indicated that the county is requesting the city to pay half of the project study cost. He informed the Council that the total cost is $3,300. leaving the city a cost of $1.650. It was the consensus of the Council to authorize the city to pay for half of the signalization study. · County Road 12/13 Drainaae Imorovement Proiect · Main Street and Evans A venue Drainage Proiect 7.12. Consider Resolution Awardina Bid for Seal Coat Program e City Engineer Terry Maurer indicated that the low bidder for the seal coat program was Allied Blacktop at $25.527.70. The City Engineer described the areas of the city that will be seal coated. The City Engineer recommended that the city contract with Allied Blacktop for the 1995 seal coating program. Elk River City Council Minutes August 21. 1995 Page 5 - COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-52. A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COAT IMPROVEMENT OF 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.13. Uodate on Ice Arena Grant Proaram City Administrator Pat Klaers informed the Council that city staff is requesting authorization to proceed with a grant application for partial funding of the ice arena project. He further indicated that staff is requesting Council authorization to utilize the city architect. Chuck Freiberg of RSP. to assist in applying for the grant. COUNCILMEMBER HOLMGREN MOVED TO PROCEED WITH THE GRANT APPLICATION FOR THE PARTIAL FUNDING OF THE ICE ARENA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 7.14. Comorehensive Plan Uodate e Steering Committee Chair Bob Minton informed the Council that the Steering Committee is nearing completion of its work on the city's Comprehensive Plan. He indicated that the city staff is in the process of putting all of the issues that have been discussed at the Steering Committee meetings in written form. He further indicated that it is anticipated that the Steering Committee will be meeting in September to make its recommendation to the Planning Commission. Bob Minton informed the Council that the Steering Committee has recently discussed issues relating to zoning of land for apartments in the City of Elk River, minimum lot size requirements. and recommendations for the downtown area. 8. Ooen Mike Jim Trolle thanked the City Council for its assistance in the acquisition and development of the property for the Boy Scout garages. Jim Tralle indicated that the Betty Adkins Bridge over Highway 101 has been approved by the State Legislature. He indicated that the signage has been designed and that there will be a sign on both northbound and southbound T.H. 101. MnDOT has indicated that the city must pay for the signage. Mr. Tralle indicated that he is requesting the City of Elk River to pay for one sign at $162.00 and further, that he will be requesting the City of Otsego to pay for the other sign at the same cost. COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAYMENT OF $162.00 TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE BETTY ADKINS BRIDGE SIGN ON TRUNK HIGHWAY 101 BRIDGE OVER THE MISSISSIPPI RIVER. COUNCILMEM3ER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes August 21. 1995 Page 6 e 9.1/9.2 Variance and Administrative Subdivision Request by Daniel Hanson, Case No. V 95-06 and AS 95-06, P.H. Gary Schmitz indicated that Daniel Hanson is requesting a variance to the minimum lot area and width requirements in the R 1 c zoning district and an administrative subdivision of Lot 10 and 11, Block 9, Westwood Subdivision, back to its original description. Gary Schmitz reviewed the staff report on both of these requests. He indicated that the Planning Commission recommended approval of the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LOT AREA AND WIDTH VARIANCE FOR DANIEL HANSON BASED ON THE FOLLOWING FINDINGS: 1. SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120'; THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA. 2. THE APPLICANT CAN SHOW HARDSHIP IN THE FACTOR THAT THIS PARCEL WAS ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS EXTENDED PAST THE PROPERTY. 3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DANIEL HANSON TO DIVIDE LOTS 10 AND 11, BLOCK 9, WESTWOOD SUBDIVISION INTO TWO SEPARATE PARCELS WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $500 BE PAID TO CITY PRIOR TO RECORDING. 2. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. 3. GRANT A 5' DRAINAGE AND UTILITY EASEMENT ALONG SIDE AND REAR PROPERTY LINES, AND A 10' DRAINAGE AND UTILITY EASEMENT ALONG THE FRONT PROPERTY LINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.3. Dan Smith, Perkins Restaurant Request for a Conditional Use Permit, P.H" CQse No. CU 95-15 e Ciry Planner Steve Ach indicated that Dan Smith is requesting a conditional use permit for site plan review to construct a Perkins Family Restaurant and Bakery Elk River City Council Minutes August 21, 1995 Page 7 e within the Elk River Retail Center Planned Unit Development located at the northeast corner of Elk Hills Drive and US Highway 169. Steve Ach indicated that he and Dan Smith met with some of the affected property owners to discuss the concerns with the proposed Perkins Restaurant. Steve Ach reviewed the concerns of the residents along with what action has been taken to address these concerns: · The location of the driveway from the restaurant onto Dodge Street. · The headlights from vehicles either leaving the restaurant or circulating on site. · Increased traffic on Dodge Street. · Restaurant being open 24 hours a day. · Hours that trucks will be making deliveries to the restaurant site. · Height of the flag pole. · Architecture of the building having earth tone colors that will be more compatible with the residential area. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval of the conditional use permit to construct a restaurant with the conditions that were outlined in the staff report. Steve Ach suggested that the Council add stipulation # 1 0, "That additional landscaping be installed along the east side of the storm drainage pond to minimize the headlight glare from vehicles towards the residential area and that this landscaping be completed as part of Phase I. e Mayor Duitsman opened the public hearing. Applicant Dan Smith informed the Council that the issue of Perkins being open 24 hours is very important. He indicated he is not in favor of the Planning Commission I s recommendation to allow the 24 hour operation 7 days a week with a review after six months. He indicated that the investors for the restaurant are relying on his projections which include a 24 hour operation. Mr. Smith indicated that he has addressed the concerns of both the city and the neighbors. Mr. Smith suggested a compromise on the height of the flag pole at 50 feet. Arlon Fuchs, 266 Elk Hills Drive, requested that the Council consider the following: · The developer complete the berm for the entire length of Dodge A venue up to 189th Avenue. · Suggest moving some of the trees to eliminate glare. · Suggest earth tone colors for the building. · The building be complimentary to the other buildings in the complex · The hours of operation be 6 a.m. to 1 a.m. Monday through Thursday, and 24 hours Friday through Sunday and on holidays. · The flag pole be no more than 35 feet high as the flag pole is a form of advertising for the Perkins Restaurants. e Mark Lee, 10934 205th Avenue, indicated that he is in favor of the restaurant operating 24 hours as it would be an asset to the community. He indicated that Elk River currently does not have a 24 hour restaurant. Elk River City Council Minutes August 21, 1995 Page 8 e Bob Minton, Planning Commission Representative, indicated that the Planning Commission is in favor of Perkins operating on a 24 hour basis, but questioned whether this should be reviewed in six months. Bob Minton also indicated that the Planning Commission felt that the flag was a means of advertising and therefore felt that the height of 35 feet, which is consistent with signage in the C3 zoning district, was appropriate. Mike Kedrowski, 18837 Dodge Street, expressed his concerns regarding the location of the driveway and the headlights shining directly into his home. Councilmember Holmgren suggested that the City Council review Mr. Kedrowski's concerns after Perkins has been in operation. City Engineer Terry Maurer indicated he would be presenting a proposal to the Council in the near future to realign Mr. Kedrowski's driveway and that he would be proposing a turn-around in the driveway by Mr. Kedrowski's garage. Eleanor Todahl, 280 Evans Avenue, indicated she is in favor of Perkins operating 24 hours as it would be an asset to the city. Mayor Duitsman indicated that he felt screening should be provided by the developer and further indicated he felt additional plantings should be provided across the street. Mayor Duitsman also stated that he was in favor of Perkins operating 24 hours a day and of the 35 foot flag pole. e Earl Hohlen indicated he concurred with the Mayor. There being no further comments. Mayor Duitsman closed the public hearing. Councilmember Holmgren stated that he also concurred with Mayor Duitsman. Council member Farber concurred with the Mayor regarding the 24 hours and additional screening. Council member Farber stated that he was in favor of a 50 foot flag pole rather than a 35 foot flag pole. He stated that a 35 foot flag pole would be more obtrusive to the neighbors than a longer flag pole. Council member Scheel indicated that she visited the area and noted that the traffic in the area at this time is very busy. She suggested installing speed bumps to slow the traffic down as it exits Perkins' parking lot. She further indicated she had a concern regarding the height; of the flag pole and with Perkins operating 24 hours because the neighbors also have an investment in their property. Council member Dietz indicated that Perkins Restaurant has made many improvements in their attempt to work with the city and the property owners. He further indicated he felt Perkins should be aliowed to be open as a 24 hour facility. Councilmember Dietz concurred with the Planning Commission regarding the height of the flog pole at 35 feet. He suggested that Perkins should work with the neighbors across the street to screen the property. e COUNCILMEM8ER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR DAN SMITH TO CONSTRUCT A 4,415 SQUARE FOOT RESTAURANT FACILITY WITHIN THE Elk River City Council Minutes August 21. 1995 Page 9 e ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION, DATED JULY 25, 1995, BE INCORPORATED INTO THE REVIEW PLANS. 2. COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995, BE INCORPORATED INTO THE REVISED PLANS. 3. THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK HILLS DRIVE ARE SUBSTANTIALLY COMPLETED. 4. HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK BECAUSE THE 24 HOURS AS PROPOSED DOES MEET THE REGULAR FIVE STANDARDS fOR THE ISSUANCE OF A CONDITIONAL USE PERMIT. 5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. 6. THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS CONSISTENT WITH COMMERCIAL SIGNAGE STANDARDS AND THE FLAG APPROVED HEIGHT fOR THE DEVELOPMENT PLAN IN THE PUD. 7. ALL CONDITIONS SET fORTH IN THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART Of THIS PERMIT. e 8. THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE EXECUTED AND RECORDED PRIOR TO ISSUANCE Of A BUILDING PERMIT. 9. FOUR SETS OF REVISED PLANS WHICH INCORPORATE THE CONDITIONS FOR APPROVAL BE SUBMITTED TO THE PLANNING DEPARTMENT fOR REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. 10. ADDITIONAL LANDSCAPING BE INSTALLED ALONG THE EAST SIDE OF THE STORM DRAINAGE POND TO MINIMIZE HEADLIGHT GLARE fROM VEHICLES. 11. THE DEVELOPER PROVIDE ADDITIONAL LANDSCAPING ALONG THE EAST SIDE OF DODGE STREET TO MINIMIZE THE GLARE TO THE RESIDENTIAL AREA. THE LOCATION OF THE LANDSCAPING SHALL BE DONE WITH THE COOPERATION OF THE RESIDENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:40 p.m. and reconvened at 8:48 p.m. 9.4. Lee Fredrickson Request for a Conditional Use Permit, P.H., Case No. CU 95-16 e Assistant Planner Gary Schmitz indicated that Lee Fredrickson is requesting a conditional use permit to operate an automobile sales lot with an associated automobile repair at the location of Lot 8 and 9, Block 2, Ar-Mon Commercial Park. Gary Schmitz reviewed the staff memo on this request. Gary Schmitz indicated that the City of Ramsey has some concerns regarding the request. Mr. Schmitz indicted that the applicant has adequately addressed the City of Elk River City Council Minutes August 21, 1995 Page 10 e Ramsey' s concerns. Gary Schmitz informed the Council that the Planning Commission reviewed this issue and recommended approval. 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 CONDITIONAL USE PERMIT FOR LEE FREDRICKSON TO OPERATE AN AUTOMOBILE SALES LOT AND ASSOCIATED AUTOMOBILE REPAIR FACILITY WITH THE FOLLOWING CONDITIONS: 1. THE DETAILS OF A DRAINAGE AND GRADING PLAN BE REVIEWED AND APPROVED BY STAFF PRIOR TO ISSUANCe OF A BUILDING PERMIT. 2. APPROVAL OF APPROPRIATE PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED fOR INSTALLATION AND INSPECTION OF AN ON SITE SEPTIC SYSTEM. 3. ALL COMMENTS LISTED IN THE JULY 17, 1995, MEMO FROM CITY ENGINEER TERRY MAURER BE INCORPORATED INTO THE SITE PLAN. 4. ALL GRADING WITHIN MNDOT RIGHT-OF-WAY REQUIRES A PERMIT FROM MNDOT. e 5. THE ENTIRE PARKING AND DRIVE AREA WITH THE EXCEPTION OF THE NORTH SIDE OF THE PARKING LOT BE BOUND BY A CONCRETE CURB AND GUTTER (B612) AS SET FORTH IN THE ZONING ORDINANCE. 6. LOTS 8 & 9, BLOCK 2, AR-MON COMMERCIAL PARK BE COMBINED INTO ONE PARCEL. 7. SOME ORNAMENTAL TREES BE SHIFTED TO THE SOUTH SIDE OF THE PARCEL, IN ORDER TO BALANCE THE LANDSCAPING ON SITE AND PROVIDE A POSITIVE IMAGE ALONG HIGHWAY 10. 8. THERE BE NO DISPLAY OF VEHICLES ON LANDSCAPED AREAS. 9. THE APPLICANT COORDINATE WITH MNDOT FOR THE CONSTRUCTION OF A RIGHT TURN LANE ON HIGHWAY 10. 10. A PERMIT FROM THE FIRE CHIEF BE OBTAINED FOR ANY STORAGE TANKS. 11. FREESTANDING SIGNAGE CONSISTS OF A MONUMENT STYLE WITH A MAXIMUM HEIGHT OF 20 FEET AND A WIDTH OF 10 FEET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.5. Request for Preliminary and Final Plat Approval bv Kraus-Anderson of Elk River, Inc., P.H., Case No. P 95-05 Request for Easement Vacation bv Kraus-Anderson of Elk River, Inc.~Case No. EV 95-08 9.6. e City Planner Steve Ach indicated that Kraus-Anderson of Elk River is requesting preliminary and final plat approval to replot a portion of Elk Park Center Planned Elk River City Council Minutes August 21, 1995 Page 11 e Unit Development located at the northeast corner of Freeport A venue and Jackson Street. Steve Ach also indicated that Kraus-Anderson is requesting to vacate certain drainage and utility easements within the Elk Park Center Planned Unit Development. Steve Ach presented the staff report on these issues. Mayor Duitsman opened the public hearing for Items 9.5. and 9.6. There being no one for or against these matters. Mayor Duitsman closed the public hearing. COUNCllMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY KRAUS-ANDERSON OF ELK RIVER, INC., FOR ELK PARK CENTER THIRD ADDITION WITH THE FOllOWING CONDITIONS: 1. ALL EASEMENTS BE VACATED FROM THE PREVIOUS PLAT AND NEW EASEMENTS BE ESTABLISHED ON THE PROPOSED PLAT AS RECOMMENDED BY THE CITY. 2. THE FINAL PLAT ACCURATELY REFLECT THE NECESSARY DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF LOT 1, BLOCK 1, TO ALLOW THE EXTENSION OF UTILITIES NORTHWARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-53, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ELK PARK CENTER THIRD ADDITION, CASE NO. P 95-05. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5- O. e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-54, A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS FOR CASE NO. EV 95-08. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.7. City of Elk River Reauest for Ordinance Amendment Section 900.34(5), Nonconformina Uses, P.H., Case No. OA 95-08 City Planner Steve Ach indicated that the City of Elk River is requesting to amend the nonconforming uses section of the zoning ordinance relating to the amortization period of nonconforming junkyards. He indicated that this amendment is being requested as a result of the Council directing staff to increase the amortization of nonconforming junkyards from five years to ten years. Steve Ach indicated that the Planning Commission recommended approval of the.proposed ordinance amendment. 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 ORDINANCE 95-19, AN ORDINANCE AMENDING SECTION 900.34(5) OF THE CITY OF ELK RIVER ZONING ORDINANCE RELATING TO JUNKY ARDS, CASE NO. OA 95-08. COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes August 21. 1995 Page 12 e 9.9. City of Elk River Reauest for Ordinance Amendment Section 900.2016), Fences, P.H., Case No. OA 95-11 Planning Assistant Gary Schmitz indicated that the City of Elk River is requesting an ordinance amendment which would change the fence ordinance to include some construction aesthetic standards for fences. Gary Schmitz indicated that the Planning Commission recommended approval of the proposed ordinance amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-20, AN ORDINANCE AMENDING SECTION 900.20(6) OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO FENCES, CASE NO. OA 95-11. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.10. City of Elk River Reauest for Ordinance Amendment Section 900.18111 and 900.20131, Setbacks for AccessorvStructures, P.H., Case No. OA 95-12 e Planning Assistant Gary Schmitz indicated that the City of Elk River has requested an amendment which would allow attoched garages to be located within five feet of side property boundaries in city sewered, single family residential zoning districts. Gory Schmitz reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the ordinance amendment. 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 ADOPT ORDINANCE 95-21, AN ORDINANCE AMENDING SECTION 900.18(1) AND 900.20(3) OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO STRUCTURE SETBACKS, CASE NO. OA 95-12. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business 10.1. Fire Deoartment Sian Reauest City Planner Steve Ach indicated that the Fire Deportment is requesting permission to place temporary signs on city property at the locations of the Chamber of Commerce site, 193rd Avenue, and Highway 169. The signs will be advertising the September 9 Barn Dance. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PLACEMENT OF TEMPORARY SIGNS BY THE ELK RIVER FIRE DEPARTMENT ON CITY PROPERTY LOCATED AT THE CHAMBER OF COMMERCE SITE, 193RD AVENUE, AND HIGHWAY 169. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Steve Ach suggested that the Council may wont to consider setting standards and guidelines regarding temporary sign placement on city poperty. Elk River City Council Minutes August 21, 1995 Page 13 e 10.2. Reauest for Temporary Sian by ECFE Councilmember Dietz indicated that ECFE has requested to place temporary signs on city property at the locations of Jackson Square parking lot, the new liquor store site, and the park by the Dairy Queen. He indicated that ECFE will be advertising their move and fall registration. It was the consensus of the City Council to allow the temporary placement of the signs at the requested locations. 11 . Staff Updates Riverfront Pathway Public Hearina - City Administrator Pat Klaers indicated that the Economic Development Coordinator is requesting the Council call a public hearing to consider the concept plans for the Mississippi Riverfront Pathway Project. COUNCILMEMBER HOLMGREN MOVED TO CALL A PUBLIC HEARING OF THE CITY COUNCIL ON OCTOBER 2, 1995, TO CONSIDER THE CONCEPT PLANS FOR THE MISSISSIPPI RIVERFRONT PATHWAY PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Arbitration Hearing e The City Administrator informed the Council that the August 22, 1995, Police Union Arbitration hearing has been canceled at the request of the Union. 12. Adiournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:22 p.m. Respectfully submitted, ~~YA~d-1/~ Sandra Thackeray V City Clerk e