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10-16-1995 CC MIN - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 16, 1995 Members Present: Moyor Duitsman. Councilmembers Dietz. Scheel. Farber. and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator: Sandra Thackeray. City Clerk: Steve Ach, City Planner: Terry Maurer, City Engineer; Peter Beck. City A ttomey: Phil Hals, Street/Park Superintendent: Steve Rohlf. Building and Zoning Administrator: Kendra Lindahl. Zoning Assistant: Gary Schmitz. Planning Assistant Also Present: Tom Dillon, 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. e 2. Consider Council Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: e 4. OCTOBER 2, 1995, CITY COUNCIL MINUTES.. APPROVED 5.2. REQUEST FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE BY PROPER ECONOMIC RESOURCE MANAGEMENT.. APPROVED 5.60. FINAL PAY ESTIMATE TO SJ LOUI~, INC., IN THE AMOUNT OF $9,251.51 FOR COMPLETION OF THE 221ST AVENUE IMPROVEMENTS.. APPROVED 5.6.b. PAY ESTIMATE #1 TO MASTER ASPHALT, INC., IN THE AMOUNT OF $149,528.25 FOR WORK COMPLETED ON THE 1995 OVERLAY IMPROVEMENTS.. APPROVED 5.6c. PAY ESTIMATE #2 IN THE AMOUNT OF $199,218.37 TO FOREST LAKE CONTRACTING, INC., FOR WORK COMPLETED ON THE DODGE STREET AND ELK HILLS DRIVE IMPROVEMENTS.. APPROVED 5.6d. PAY ESTIMATE #3 IN THE AMOUNT OF $49,145.15 TO BARBAROSSA AND SONS FOR WORK COMPLETED ON THE MAIN STREET AND EVANS AVENUE STORM SEWER IMPROVEMENTS.. APPROVED 5.6e. PAY ESTIMATE #8 TO BARBAROSSA AND SONS IN THE AMOUNT OF $143,906.21 FOR WORK COMPLETED ON THE WESTERN AREA IMPROVEMENTS -- APPROVED Elk River City Council Minutes October 1 6, 1995 Page 2 e 7.11. CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT MR TO HB .. CONTINUED TO 11/20/95 CITY COUNCIL MEETING 7.12 CITY OF ELK RIVER REQUEST FOR ZONE CHANGE.. CONTINUED TO 11/20/95 CITY COUNCIL MEETING 7.13. CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL .. CONTINUED TO 11/20/95 CITY COUNCIL MEETING. 8. CHECK REGISTER.. APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. 5.1. Petition to Abandon a Portion of County Ditch # 10 Building and Zoning Administrator Steve Rohlf presented a city petition to Sherburne County for a partial abandonment of County Ditch # 1 O. He indicated that County Ditch # 1 0 no longer serves a useful function following a recently completed city storm sewer project at Main Street and Evans A venue. COUNCILMEMBER HOLMGREN MOVED TO PETITION THE COUNTY TO ABANDON A PORTION OF COUNTY DITCH #10. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Update on Municipal Utilities Commission by John Dietz e Utilities Commission Representative John Dietz presented the Council with an update on the last Municipal Utilities Commission meeting. He informed the Council that the Utilities Commission voted to switch auditors and have retained Abdo, Abdo & Eick as their auditor. John Dietz further commented on the drug and alcohol policy which the Utilities Commission is in the process of developing. He indicated that he would like to see the Utilities and the City of Elk River under one uniform drug and alcohol policy. 5.4. Update on Community Recreation Activities by Rooer Holmoren Roger Holmgren indicated that he had nothing to report as he was unable to attend the October Community Recreation meeting. 5.5. Update on Enoineerino Construction Proiects by Terry Maurer City Engineer Terry Maurer updated the City Council on the following public improvement projects: · Western Area Phase II - streets, trunk sewer and water · Joplin Street/Highway 10 signal · Elk Hills Drive and Dodge street/Avenue intersection · Main Street/Evans A venue drainage improvement project . Elk Park Center Phase II e Elk River City Council Minutes October 1 6. 1995 Page 3 e 5.7. Consider Enterina into a Participation Aareement with AMC/MCIT to Provide for the Delivery of Drua and Alcohol Testina Services City Clerk Sandra Thackeray informed the Council that federal law requires the City of Elk River to implement a drug and alcohol testing policy by January 1. 1996. for drivers who are required to have a commercial drivers license for their job. She suggested that the City Council enroll with the Minnesota Counties Insurance Trust consortium who contracts with Medtox. Incorporated. to assist the city in complying with the federal rules for drug and alcohol testing. She stated that by joining the consortium the city will receive very competitive pricing for the drug and alcohol testing. She further indicated that Medtox will lessen the administrative burden which would be placed on city staff to administer the program. The City Clerk informed the Council that she would have a draft drug and alcohol testing policy for Council review at a future meeting. COUNCILMEMBER DIETZ MOVED TO ENTER INTO A PARTICIPATION AGREEMENT PROVIDING FOR THE DELIVERY OF DRUG AND ALCOHOL TESTING SERVICES WITH THE MINNESOTA COUNTIES INSURANCE TRUST AND TO DESIGNATE THE CITY CLERK AS THE PERSON RESPONSIBLE FOR ADMINISTERING THE CITY'S DRUG AND ALCOHOL TESTING PROGRAM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Meetina Schedule e City Administrator Pat Klaers reviewed the October meeting schedule with the City Council. COUNCI1MEMBER DIETZ MOVED TO CANCEL THE REGULARLY SCHEDULED OCTOBER 23 CITY COUNCIL MEETING AND TO CALL A SPECIAL MEETING FOR OCTOBER 30, 1995, AT 5 P.M. TO DISCUSS REGULAR COUNCIL BUSINESS AND TO HAVE A COUNCIL WORKSESSION FOR THE PURPOSE OF DISCUSSING THE EXTENSION OF UTILITIES ALONG EAST HIGHWAY 10. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Hirina Laborer for Street Department Street/Park Superintendent Phil Hals indicated that earlier in 1995. the street/park department advertised for a street department laborer position. He indicated that the interview process was completed. and the laborer was hired at that time. He stated that he is recommending that the City Council consider hiring Chris Holzem for the current laborer position. Chris was one of the three finalists from the earlier application process. COUNCILMEMBER SCHEEL MOVED TO HIRE CHRIS HOLZEM AT $7.65 PER HOUR WITH A COST OF LIVING INCREASE ON JANUARY 1. 1996. AND A STEP INCREASE ON JULY 1. 1996. PROVIDING THAT HIS JOB PERFORMANCE IS ACCEPTABLE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0 e Elk River City Council Minutes October 16, 1995 Page 4 e 5.10. Update on Planninc Assistant Vacancv City Planner Steve Ach informed the Council that Gary Schmitz will be leaving the City of Elk River effective October 20, 1995. He further informed the Council of the tentative schedule to fill Gary's position. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION OF GARY SCHMITZ AND TO AUTHORIZE STAFF TO CONTINUE WITH THE ADVERTISEMENT AND INTERVIEWING PROCEDURES TO FILL THE VACANT PLANNING ASSISTANT POSITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. 5.11. Comprehensive Plan Update City Planner Steve Ach indicated that the Steering Committee has made a recommendation to the Planning Commission regarding the Comprehensive Plan. He indicated that a public hearing has been scheduled for the Planning Commission on October 26 and for the City Council on November 27. 5" 12. Update on Pete's Mini-Storace e Zoning Assistant Kendra Lindahl informed the Council that in 1989 and 1990, Larry Rohlf received two conditional use permits for mini-storage located on Lots 2 and 3, Block 1, Ridgewood East Second Addition. She informed the Council that staff has been notified that some of the conditions of the conditional use permit have not been met. The conditions that have not been met include the following: · 5 mph speed limit signs have not been posted on either lot · The exit only and enter only signs were not installed on either lot · The planting of nine trees on Lot 2 and ten trees on Lot 3 according to the drainage plans have not yet been completed. Larry Rohlf addressed the Council and stated that he believes the conditions that were attached to his conditional use permit were too restrictive. He requested that the Council eliminate the conditions regarding the 5 mph speed limit signs and the exit only and enter only signs as he indicated these issues are not required for other mini-storages. Mr. Rohlf further indicated that he had planted the required trees, however some of them have died. He further indicated that other trees have been started from seed on the property. Following Council discussion it was the consensus of the Council that the 5 mph speed limit signs and the exit and enter only signs were not necessary and that these conditions could be eliminated from the conditional use permit. The Council also concurred that no decision would be made regarding the trees until staff provided the Council with a video of the area. e Peter Beck suggested that the con~itional use permit be amended by applying for an amendment. No action was taken at this time regarding this issue. Elk River City Council Minutes October 1 6, 1995 Page 5 e 5.13. General Update bv Street/Park Superintendent Phil Hals Street/Park Superintendent Phil Hals updated the City Council on fall activities that are taking place in the street/parks department. The City Council recessed at 6:53 p.m. and reconvened at 7 p.m. 6. Open Mike No one appeared for this item. 7.1. Dennis Kramer Reauest for Variance/Public Hearina, Case No. V 95-08 Zoning Assistant Kendra Lindahl informed the Council that Dennis Kramer of 20789 Meadowvale Road NW is requesting a 2,800 square foot variance to exceed the maximum size of accessory structure area. Kendra indicated that Mr. Kramer is requesting to build a 40 foot by 60 foot metal detached pole building to store antique tractors. Kendra noted that the Planning Commission recommended denial of the variance because it does not meet the five conditions necessary to grant a variance according to the city ordinance. She further indicated that staff concurs with.the Planning Commission's recommendation. e Mayor Duitsman opened the public hearing. Dennis Kramer indicated that although his property is zoned R 1 a/residential he feels he is more agricultural than residential. Mr. Kramer noted that his tractors are an investment and in order to protect them they must be stored inside. Arne Engstrom, 20800 Meadowvale Road, requested the Council to approve the variance. Tom Dillon, Planning Commission representative indicated that the Planning Commission recommended denial because the variance request did not meet the five standards. He further indicated that although they would have liked to grant the variance, they were unable to justify the hardship. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Scheel indicated that she is in favor of granting the variance. Councilmember Farber indicated that the area is agricultural in nature and feels that the variance should be granted. Councilmember Holmgren indicated that as far as taxation goes, the property is agricultural in nature even though it is zoned R1 a. e Mayor Duitsman indicated that he agrees with the request. but in order to grant the request. the ordinance must be revised. Elk River City Council Minutes October 16, 1995 Page 6 e Kendra Lindahl indicated that the Planning Commission will be considering an amendment to the ordinance which would allow larger accessory buildings in the R 1 a area. It was the consensus of the Council to continue a decision on this issue until the Planning Commission makes a recommendation to the City Council regarding the ordinance amendment relating to this issue. COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON NOVEMBER 13, 1995, AT 7 P.M. TO CONSIDER THE VARIANCE REQUEST BY DENNIS KRAMER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. MAYOR DUITSMAN MOVED TO CONTINUE THIS ISSUE TO THE NOVEMBER 13, 1995, SPECIAL CITY COUNCIL MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Karen Geissler Reauest for Conditional Use Permit, Public Hearina. Case No. CU 95-18 Zoning Assistant Kendra Lindahl indicated that Karen Geissler of 58 NW 6-1/2 Street is requesting a conditional use permit to operate an upholstery business out of her home. Kendra reviewed staff report on this issue. She indicated that the Planning Commission recommended approval of the request. e Mayor Duitsman opened the public hearing. Karen Geissler was present and addressed the Council regarding her proposed request. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY KAREN GEISSLER TO OPERATE AN UPHOLSTERY BUSINESS FROM HER HOME LOCATED AT 58 NW 6-1/2 STREET WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE FROM 7 A.M. TO 10 P.M. AS PER CITY CODE. 2. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED. 3. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE DWELLING. 4. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN THOSE PERSONS WHO CUSTOMARILY RESIDE ON THE PREMISES, SHALL BE EMPLOYED. 5. IF VALID COMPLAINTS ARE RECEIVED, THIS ITEM WILL BE BROUGHT BACK BEFORE THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW. e Elk River City Council Minutes October 1 6, 1995 Page 7 e COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. David Barents Reauest for Conditional Use Permit. Public Hearina, Case No. CU 95-21 Kendra Lindahl informed the Council that David Barents of 19101 Tyler Street is requesting an amendment to a conditional use permit (Case No. 91-07) which would allow him to keep two horses on his property. Kendra Lindahl indicated that the original conditional use permit allowed Mr. Barents to keep one horse on his property. She stated that upon receiving a complaint. the city discovered that there are now two horses on the property. Kendra indicated that both staff and the Planning Commission feel that the request does not meet the seven standards for granting a conditional use permit and, therefore. recommend denial of the request to allow a second horse on the property based on the four findings listed in the memo to the Mayor and City Council dated October 16,1995. Mayor Duitsman opened the public hearing. David Barents, 19101 Tyler Street informed the Council that he actually has 3-1/2 acres available to him which would increase his grazing acreage by almost one acre. He further indicated that the immediate neighbors have not indicated that they have a problem with him having two horses on his property. e There being no further comments from the public, Mayor Duitsman closed the public hearing. Planning Commission representative Tom Dillon indicated that the Planning Commission recommended denial of the request. Councilmember Scheel indicated that she had no problem with the request and that she was in favor of granting the amendment to the conditional use permit. Mayor Duitsman indicated that he could support the request if the conditional use permit were amended to include two acres instead of one acre. COUNCILMEMBER SCHEEL MOVED TO AMEND THE CONDITIONAL USE PERMIT TO ALLOW TWO HORSES ON APPROXIMATELY TWO ACRES OF LAND OWNED BY MR. BARENTS LOCATED AT 19101 TYLER STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren left the table at this time. 7.4. 7.5. Variance Reauest bv Gina Havron, Public Hearina, Case No. V 95-11 Administrative Subdivision Reauest bv Gina Havron, Public Hearina, Case No. AS 95-11 e Planning Assistant Gary Schmitz informed the Council that Gina Havron is requesting an administrative subdivision to divide a 24.59 acre parcel into a 14.59 acre parcel and a 10 acre parcel. He further indicated that the request will also involve a 24 foot variance to the required road frontage of 160 feet in Elk River City Council Minutes October 16. 1995 Page 8 e the R 1 a zoning district. He noted that the property is located at 13160 Ranch Road. Gary Schmitz reviewed the staff report on these issues. Mayor Duitsman opened the public hearing. There being no one for or against either request. Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY GINA HAVRON TO DIVIDE A 24.59 ACRE PARCEL INTO A 14.59 ACRE PARCEL AND A 10 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION IN THE AMOUNT OF $500 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 3. THAT BOTH PROPERTIES ARE SERVICED BY THE SAME DRIVEWAY AND THAT PROPER CROSS ACCESS AGREEMENTS ARE PREPARED AND EXECUTED PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 4. A TREE PROTECTION PLAN BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION FOR THE PROPOSED PARCEL. 5. ANY WETLAND AREA BE ENCUMBERED WITH A DRAINAGE AND UTILITY EASEMENT. e COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUESTED VARIANCE BY GINA HAVRON TO THE REQUIRED LOT FRONTAGE IN THE R1A ZONING DISTRICT BASED ON THE FOLLOWiNG FINDINGS: 1. THE UNIQUE SHAPE OF THE LOT AND SURROUNDING WETLANDS POSE A PHYSICAL HARDSHIP IN SUBDIVIDING THE PARCEL. THE FLAG SHAPE WITH THE BULK OF THE PROPERTY TO THE REAR, LIMITS THE APPLICANTS DEVELOPMENT POTENTIAL IN A ZONING DISTRICT THAT ALLOWS SMALLER RURAL LOTS. THE FLAG SHAPE ALSO PRECLUDES A PUBLIC STREET FROM BEING CONSTRUCTED TO MEET THE FRONTAGE REQUIREMENT AS IT WOULD RESULT IN A LONG DEAD END STREET (ALSO REQUIRING A VARIANCE). THE ABILITY TO EXTEND THE PUBLIC STREET TO TIE IN WITH AN EXISTING STREET IS LIMITED BY NEIGHBORING LOWLANDS AND WOULD INVOLVE THE COOPERATION OF OTHER PROPERTY OWNERS. 2. THE PROPOSED ADMINISTRATIVE SUBDIVISION IS A REASONABLE USE OF THE PROPERTY. THE PROPERTY IS QUITE LARGE 924.59 ACRES) AND THE MINIMUM LOT SIZE IS ONLY 2-1/2 ACRES. THEREFORE, A 14.59 ACRE PARCEL AND AS 10 ACRE PARCEL WOJlD NOT BE OUT OF CHARACTER FOR THE AREA. 3. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE AREA AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. ONE OF THE PURPOSES OF THE MINIMUM LOT WIDTH IN THIS ZONING DISTRICT IS TO DISPERSE THE DRIVEWAY ACCESS POINTS ONTO e Elk River City Council Minutes October 16.1995 Page 9 e PUBLIC STREETS. THE APPLICANT HAS INDICATED THAT NO NEW DRIVEWAYS WOULD BE CONSTRUCTED ON THE NEW PARCEL AND AN EASEMENT WOULD BE GRANTED TO USE THE EXISTING DRIVEWAY. 4. GRANTING THE VARIANCE WOULD NOT CONVEY ANY SPECIAL PRIVILEGES TO THIS PROPERTY OWNER THAT OTHER PROPERTY OWNERS IN THIS AREA WOULD NOT HAVE WITH A SIMILAR SIZED PARCEL IN TERMS OF NUMBER AND SIZE OF PROPOSED LOTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6. Variance Reauest bv Dennis Backes. Public Hearina. Case No. V 95-10 Planning Assistant Gary Schmitz informed the Council that Dennis Backes is requesting a 20 foot shoreline setback variance from an unnamed tributary and a five foot front yard setback from 192-1/2 Lane. Gary Schmitz reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Dennis Backes. developer. approached the Council regarding his request for a variance. There being no comments from the public. Mayor Duitsman closed the public hearing. e Gary Schmitz indicated that the Planning Commission recommended approval of the variance request. COUNCILMEMBER FARBER MOVED TO APPROVE THE 20 FOOT SHORELINE SETBACK VARIANCE FROM AN UNNAMED TRIBUTARY AND A FIVE FOOT FRONT YARD SETBACK VARIANCE FROM 192-1/2 LANE AS REQUESTED BY DENNIS BACKES BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY CREATING A SITUATION WHERE LEGAL LOTS OF RECORD WOULD BE UNBUILDABLE. 2. A STREAM SETBACK VARIANCE AND MINOR FRONT YARD SETBACK VARIANCE ARE A MORE ENVIRONMENTALLY SOUND ALTERNATIVE TO THE OTHER OPTION OF RELOCATING THE STREAM/DITCH. RELOCATION OF THE STREAM WOULD REQUIRE THE REMOVAL OF A STAND OF OAK TREES WHICH PROVIDES A BUFFER BETWEEN THE SUBDIVISION AND RAILROAD TRACKS. THE RELOCATION OF THE STREAM/DITCH WOULD ALSO INVOLVE THE EXCAVATION OF A SMALL HILL THAT WOULD LIKELY LEAD TO AN EROSION PROBLEM IN THE FUTURE. 3. THE VARIANCE WAS CAUSED BY A UNIQUE CIRCUMSTANCE STEMMING FROM CONFUSION BETWEEN THE DEVELOPER. CITY. COUNTY AND DNR REGARDING JURISDICTION OF THE STREAM/DITCH WHEN MEADOWVALE HEIGHTS WAS PLATTED IN 1993. IT WOULD NOW BE VERY DIFFICULT TO TRY AND REMEDY THIS SITUATION DUE TO THE FACT THAT THE INFRASTRUCTURE e Elk River City Council Minutes October 16, 1995 Page 10 4. RELATED TO THE SUBDIVISION IS ALREADY IN PLACE (I.E. STREETS, SEWER AND WATER LINES, ETC.) THE VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED. BOTH LOTS 3 AND 4, BLOCK 2, MEADOWVALE HEIGHTS SECOND ADDITION ARE BUFFERED ON BOTH THE EAST AND WEST SIDE BY A WETLAND. DUE TO THE DISTANCE BETWEEN THE ADJACENT HOMES WITHIN THE PLAT -APPROXIMATELY 150 FEET - THE SETBACK VARIANCES WILL BLEND WITH ADJOINING NEIGHBORS AND NOT BE OUT OF CHARACTER FOR THE PARTICULAR AREA. e COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.7. 'Preliminary and Final Plat Reauest bv DMV Mall Corporation, Public Hearinq, Case No. P 95-6 City Planner Steve Ach informed the Council that DMV Mall Corporation is requesting a preliminary plat to subdivide approximately 20 acres into one industrial lot and one outlot. He further indicated that DMV Mall Corporation is also requesting final plat approval of the previously mentioned preliminary plat. He indicated that the plat is located at the southwest comer of Business Center Drive and Joplin Street. Steve Ach reviewed staff report on both of these issues. e Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Steve Ach indicated that the Planning Commission recommended approval of the preliminary plat as proposed by DMV Mall Corporation. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT AS REQUESTED BY DMV MALL CORPORATION TO SUBDIVIDE APPROXIMATELY 20 ACRES INTO ONE INDUSTRIAL LOT AND ONE OUTLOT WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL AND INSTALLATION OF PUBLIC UTILITIES. 2. ALL COMMENTS IN TERRY MAURER'S MEMO DATED 9/19/95 BE INCORPORATED FOR APPROVAL OF THE PRELIMINARY PLAT. 3. A STORM DRAINAGE IMPACT FEE IN THE AMOUNT OF $741.60 PER ACRE BE PAID PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING. 4. A WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER UTILITIES IN THE AMOUNT OF $300 PER LOT PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. 5. THE PRELIMINARY PLAT BE REVISED TO REFLECT THE EXTENSION OF THE PROPOSED STREET SOUTH OF BUSINESS CENTER DRIVE ALONG WITH THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE EXTENSION AND LOOPING OF PUBLIC UTILITIES. e Elk River City Council Minutes October 1 6, 1995 Page 11 e 6. A COMPLETE GRADING PLAN FOR THE BUSINESS PARK BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-67, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING BUSINESS CENTER SECOND ADDITION, CASE NO. P 95-14. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.8. Consider Reauest for Final Plat Approval by Kinaman Buildina Company, Public Hearina, Case No. P 95-13 City Planner Steve Ach informed the Council that Kingman Building Company is requesting final plat approval for Country Crossing Townhomes Second Addition. He indicated that the proposal for final plat is located within Outlot A of Country Crossing Townhomes (southwest corner of the intersection of Joplin Street and 183rd Avenue). Steve Ach indicated that the final plat request by Kingman Building Company is the second phase of a 62 unit twin home planned unit development. Steve Ach reviewed the staff report on this issue. e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-68, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING TOWNHOMES SECOND ADDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Holmgren returned to the table at this time. 7.9. Administrative Subdivision Reauest by Dennis Anderson, Public Hearina, Case No. AS 95-10 Planning Assistant Gary Schmitz indicated that Dennis Anderson is requesting an administrative subdivision to divide Outlot A of the Brentwood Subdivision into two separate lots which will measure 8.4 acres in size respectively. Gary Schmitz reviewed the staff report on this request. Discussion ensued by the Council regarding the request by city staff for an additional 14 feet of right-of-way along 197th Avenue. Mayor Duitsman opened the public hearing. John Poldron, 11751 196th A venue. requested an explanation as to what Mr. Anderson will be able to do with the property once it is subdivided. He indicated his concern regarding the options when he splits the property. e The Council indicated that Mr. Anderson is not requesting a rezoning, therefore, he will not be able to do anything different with the property once it is subdivided. Elk River City Council Minutes October 16. 1995 Page 12 e Mike fox. questioned why the city is requiring the additional 14 feet of easement on 197th Avenue. Terry Maurer indicated that the easement will be needed to complete the intersection if the property east of Highway 169 is ever zoned commercial. Mr. Fox indicated he felt it was premature of the city to request the additional easement at this time. Phil Johnson. 19440 Holt Avenue. raised some questions regarding the possibility of city sewer and water locating in that area. Rolfe Anderson. 19411 Irving Circle. Park and Recreation Commission Representative. indicated that the city trail system includes a trail along the east side of Highway 169 which abuts the affected property. There being no further comments. Mayor Duitsman closed the public hearing. Councilmember Holmgren indicated that the City's request for additional right- of-way could affect the price of the property and indicated he felt that it may be premature for the city to be requesting right-of-way at this time. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DENNIS ANDERSON TO DIVIDE OUTLOT A Of THE BRENTWOOD SUBDIVISION INTO TWO SEPARATE PARCELS MEASURING 8.4 ACRES IN SIZE WITH THE fOLLOWING CONDITIONS: e 1. PARK DEDICATION fEES Of $500 BE PAID fOR BOTH PARCEL A AND PARCEL B. If THE PROPERTY IS EVER REZONED fOR A COMMERCIAL USE. COMMERCIAL PARK DEDICATION fEES AS REQUIRED BY THE CITY AT THAT TIME BE REQUIRED ON THE SUBJECT PROPERTY. CREDIT WILL BE GIVEN fOR THE RESIDENTIAL RATE PAID AS PART Of THIS SUBDIVISION. 2. A SURfACE WATER MANAGEMENT IMPACT fEE Of $123.60 BE PAID fOR BOTH PARCEL A AND PARCEL B PRIOR TO RECORDING. 3. AN ADDITIONAL 14 fEET Of RIGHT.Of.WAY BE PROVIDED ALONG 197TH AVENUE. AN EASEMENT DOCUMENT SHALL BE PREPARED AND EXECUTED PRIOR TO RELEASING THE ADMINISTRATIVE SUBDIVISION fOR RECORDING. 4. A 10 fOOT DRAINAGE AND UTILITY EASEMENT BE ADDED AROUND THE ENTIRE PLAT INCLUDING THE NEWLY CREATED LOT LINE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. Councilmember Scheel noted that she objects to the four stipulations. 7.10. Consider Reouest to Hove City Council Initiate on Amendment to Zonino and Siqn Ordinances e City Planner Steve Ach presented 0 request from Dennis Chuba to have the Council consider initioting two ordinance amendments relating to mini-storage ond billboard advertising. Elk River City Council Minutes October 1 6, 1995 Page 13 e COUNCILMEMBER HOLMGREN MOVED TO REFER BOTH OF THESE ISSUES TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business Mayor Duitsman indicated that Representative Bruce Anderson has endorsed the city's grant request for the ice arena by submitting a letter to the Minnesota Amateur Sports Commission. Mayor Duitsman requested the Council to proclaim November 16. 1995. as Minnesota D-Day in the City of Elk River in support of the Great American Smoke- out. COUNCILMEMBER FARBER MOVED TO PROCLAIM NOVEMBER 16, 1995, AS MINNESOTA D-DAY IN THE CITY OF ELK RIVER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren acknowledged the staff's and Ice Arena Committee's efforts in putting together the ice arena grant proposal. e 10. Staff Updates The City Administrator updated the Council on a grant which the Chief of Police will be applying for in conjunction with the school in relation to drugs and alcohol. The City Administrator informed the Council that the city has experienced some problems with the lift station at Lion's Park and that the problems have been corrected. but that a new pump is needed and has been ordered. 11. Adiournment There being no further business. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:40 p.m. e Resr:>ectfully submitted. ~e~ifk City Clerk