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12-18-1995 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 18, 1995 Members Present: Mayor Duitsman. Council members Dietz. Scheel. Farber. and Holmgren Members Absent: Staff Present: Also Present: None Pat Klaers. City Administrator; Sandra Thackeray. City Clerk; Lori Johnson, Assistant City Administrator; Steve Ach. City Planner; Steve Rohlf, Building and Zoning Administrator; Bill Rubin. Economic Development Coordinator; Terry Maurer. City Engineer; Peter Beck. City Attorney Louise Kuester, Planning Commission Representative 1. Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Counc:! was called to order at 6 p.m. by Mayor Duitsman. e 2. Consider Council Aaenda The following items were withdrawn from the agenda: 5.7. Approval of Licenses 5.9. Consider Therapeutic Massage Establishment License Request by Deana Larson 5.16. Consider Ordinance Amending Section 716 ~ Lawful Gambling Ordinance COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE DECEMBER 18, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.3. 5.4. 5.5. e 5.6. 5.7. RESOLUTION 95-82. A RESOLUTION OF SUPPORT TO THE CENTRAL MINNESOTA INITIATIVE FUND (VIROGEN, INC. PROJECT) -- APPROVED RESOLUTION 95-83, A RESOLUTION APPROVING PREMISES PERMIT RENEWAL FOR CELEBRITY BOWL CHARITIES, INC. -- APPROVED RESOLUTION 95-84, A RESOLUTION APPROVING PREMISES PERMIT FOR ELK RIVER/ROGERS VFW POST #5518 -- APPROVED REQUEST FOR PULL TAB FUNDS IN THE AMOUNT OF SSOO FROM THE AMERICAN LEGION TO PURCHASE FLAGS FOR CITY STREETS -- APPROVED APPROVAL OF LICENSES -- WITHDRAWN Elk River City Council Meeting December 18, 1995 Page 2 . 5.8. 5.9. 5.17. 7.9. 8. THERAPEUTIC MASSAGE LICENSE FOR ROSS BERGFALK .. APPROVED THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE FOR WATERFALL TANNING AND DAY SPA.. WITHDRAWN COMMUNITY RECREATION UPDATE.. PROVIDED IN PACKET CONSIDER REVISED SITE PLAN FOR BUILDING E IN ELK PARK CENTER.. APPROVED CHECK REGISTER.. APPROVED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 12/11/95 Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/11/95 MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Interview Plannina Assistant Candidate Scott Harlicker, planning assistant candidate, was introduced to the Council by Steve Ach. COUNCILMEMBER HOLMGREN MOVED TO HIRE SCOTT HARLlCKER AS PLANNING ASSISTANT FOR THE CITY OF ELK RIVER BEGINNING AT $30,000 WITH AN INCREASE TO STEP D, $31,970, AFTER THE SIX MONTH ORIENTATION AND THEN MOVING TO STEP E, $33,405, ON JULY 1, 1997. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . 5.11. Resolution of Approvina Extension Assistant City Administrator Lori Johnson indicated that in 1985, the city authorized the issuance of an Industrial Development Revenue Bond (IDRB) for the Scherer Limited Partnership Project. This project included the Pamida and theater buildings. She stated that the bond documents call for a twenty year amortization scheduled to be paid over ten years with a balloon payment due on January 1, 1996. She indicated that the bank and developer are requesting a ten year extension of the IDRB. Lori Johnson indicated that the extension of this bond issue does not adversely affect the city's bond rating. She further indicated that the extension agreement includes language which removes the city from any determination of IRS regulations relating to the tax exempt status of this issue. MAYOR DUITSMAN MOVED TO ADOPT RESOLUTION 95-85, A RESOLUTION APPROVING EXTENSION AGREEMENT FOR INDUSTRIAL DEVELOPMENT REVENUE BOND (SCHERER LIMITED PARTNERSHIP PROJECT). COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Scheel and Dietz opposed. 5.12. 5.13. Consider Resolution Amendina Resolution 95-32 ITIF No. 12) Consider a Contract for Private Development and Tax Increment Revenue Note ITIF No. 121 . Bill Rubin explained that on June 19, the City Council approved a tax increment financing request relating to the construction of a 12.000 square foot precision machining facility in the McChesney Industrial Park. He indicated that in approving the TIF Plan, the Council adopted Resolution 95-32 which now requires Elk River City Council Meeting December 18, 1995 Page 3 e some modifications. Bill Rubin explained the modifications that are required in the resolution which modify and expand upon Resolution 95-32. Bill Rubin also explained that it is necessary to execute a Contract for Private Development as part of the TIF Project. The Contract includes a Tax Increment Revenue Note which indebts the City of Elk River to the project's owner in an amount equal to the owner's development costs or 15% of project's finished market value (land and building) for tax purposes. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-86, A RESOLUTION MODIFYING AND EXP.ANDING UPON RESOLUTION 95-32, RELATING TO THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 12, AND THE ADOPTION AND APPROVAL OF THE TAX INCREMENT FINANCING PLAN RELATED THERETO. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE DEVELOPMENT AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE TAX INCREMENT REVENUE NOTE DATED DECEMBER 18, 1995. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.14. Drua and Alcohol T estina Policy e The City Clerk explained that the city is in the process of adopting a drug and alcohol policy for drivers of commercial vehicles. The Council recently reviewed this issue but took no action due to the issue of discipline for those drivers who have been tested positive for a second time. Staff had previously recommended that the Drug and Alcohol Policy be consistent with the city's Personnel Policy which would include discipline up to and including termination. This would leave the Council some discretion in its discipline for a second offense. The Council felt it would be more appropriate for all employees to be treated the same and, therefore, suggested that anyone testing positive a second time within a five year period be terminated from employment. The Council reviewed the altematives for discipline presented ;n the memo. It was the consensus of the Council to adopt the Drug and Alcohol Policy with the following language: "When a driver has a subsequent violation of any prohibited alcohol or controlled substance activity within five years of the first offense, the driver shall be terminated". COUNCILMEMBER FARBER MOVED TO ADOPT THE DRUG AND ALCOHOL TESTING POLICY FOR DRIVERS OF COMMERCIAL VEHICLES FOR THE CITY OF ELK RIVER. COUNCllMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Consider Proclamation for CAER e Mayor Duitsman proclaimed December 18-23,1995, as Gifts Anonymous Week, read the proclamation, and presented it to Mary Temple. Elk River City Council Meeting December 18, 1995 Page 4 e 5.15. Consider Resolution Adootina 1996 Fees for Services The City Clerk indicated that the city reviews its fees for services on an annual basis in order to be consistent with other communities and to ensure that charges for services are sufficient to cover the city's costs. A. Consider Ordinance Amendment to Section 1000 Adootina 1994 State Buildina Codes B. Consider Increase in Buildina Permit Fees Steve Rohlf. building and zoning administrator, indicated that staff is requesting the Council to adopt an ordinance amendment to amend Chapter 10, subsection 1000 of the City Code of Ordinances, titled "Adoption of State Building Code". He indicated that this would incorporate the 1994 State Building Code with the City Code. Mayor Duitsman indicated that he does not agree that the city should have to adopt the State Building Code because he felt that parts of the State Building Code were too strict. Council member Scheel indicated she would like more information as to what is changing in the State Building Code. e COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 95-29, AN ORDINANCE AMENDING SECTION 1000 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TITLED ADOPTION OF STATE BUILDING CODE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5- O. COUNCILMEMBER FARBER MOVED TO APPROVE THE INCREASE IN BUILDING PERMIT FEES AS PROPOSED BY THE BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Duitsman opposed. C. Consider Increase in Mineral Extraction Fees Steve Rohlf indicated that the city is proposing to increase mineral extraction fees from $15 per acre to $20 per acre for land that is going to be mined in the forth coming year or has been mined and not reclaimed, and from $5 per acre to $10 per acre for land that is approved to be mined. John Plaisted indicated that this increase will affect him by 60 percent. He indicated that he did not see how it could cost the city an extra 60 percent to administer the license. He further indicated that he also pays a gravel mining tax. A fter discussion by the Council it was the consensus to increase only the fee for the land that is going to be mined or has been mined and not reclaimed, and that the fee of $5 per acre for land that is approved for mining remain the same. e COUNCILMEMBER DIETZ MOVED TO INCREASE THE MINERAL EXCAVATION FEE FOR LAND THAT HAS BEEN MINED AND NOT RECLAIMED OR WILL BE Elk River City Council Meeting December 18, 1995 Page 5 e MINED IN THE FORTH COMING YEAR TO $20 PER ACRE AND THAT THERE BE NO INCREASE FOR LAND THAT IS APPROVED FOR MINING BUT HASN'T BEEN MINED YET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. D. Park Dedication Fees Steve Ach, city planner, reviewed the proposed park dedication fee increases for 1996. He indicated that the Park and Recreation Commission has recommended increasing the fee for single family and multi family development by $100 per lot annually for the next two years. He stated that the Commission also recommended increasing the commercial park dedication fee from the current rate of $1500 per acre to $2000 per acre in 1996 and $2500 per acre in 1997. Mayor Duitsman indicated that the $100 increase for single and multi family is too high. He indicated he felt the increase should be $50. Councilmember Scheel indicated she is opposed to park dedication requirements. She stated that the major land owners were paying the tax for the parks and felt it would be better for the city to come up with a more equitable way of paying for park land. e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-87,A RESOLUTION AMENDING THE PARK DEDICATION FEE FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT AS FOLLOWS: RESIDENTIAL - $550.00 PER LOT OR DWELLING UNIT EFFECTIVE 1/1/96 $600.00 PER LOT OR DWELLING UNIT EFFECTIVE 1/1/97 $650.00 PER LOT OR DWELLING UNIT EFFECTIVE 1/1/98 COMMERCIAL - $1750 PER ACRE EFFECTIVE 1/1/96 $2000 PER ACRE EfFECTIVE 1/1/97 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. COUNCILMEMBER SCHEEL AND FARBER OPPOSED. E. Consider Increase in Plan nino Fees Steve Ach reviewed the planning fees proposed to be increased for 1996. They are as follows: Conditional Use Permit (commercial/industrial) from $250 to $300 Preliminary Plat from $500 to $500 plus $5 per lot Site Plan Review from $200 to $250. Councilmember Farber indicated that he felt this is a significant increase for preliminary plats. He suggested a compromise of including 50 lots in the $500 fee and anything over 50 lots be charged an extra $5 per lot. The Council concurred with Councilmember Farber's recommendation. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE FOLLOWING PLANNING INCREASES: Elk River City Council Meeting December 18,1995 Page 6 e · CONDITIONAL USE PERMIT (COMMERCIAL/INDUSTRIAL) FROM $250 TO $300 · PRELIMINARY PLAT FROM $500 TO $500 FOR FIRST 50 LOTS PLUS $5 PER LOT FOR EACH LOT OVER 50 · SITE PLAN REVIEW FROM $200 TO $250. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. F. Administration Fees City Clerk Sandra Thackeray reviewed the proposed increases in administration fees for 1996 as follows: " · Residential special burning permit - $10 · Residential special burning permit to clear land - $25 · Residential special burning permit daytime hours - $25 · Cat license - $5 for two years · Dog license - $10 for two years · Nonintoxicating on-sale beer - $225 · Set Up - $75 · Wine - $650 · On-sale liquor investigation (corporation) - $240 · On-sale liquor investigation (individual) - $150 e COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE FEES AS RECOMMENDED FOR 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Mayor Duitsman abstained. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-88, A RESOLUTION ADOPTING FEES FOR SERVICES FOR 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 5.18. Aooroval of the 1996 Tax LeVY and 1996 General Fund Budaet City Administrator Pat Klaers stated that the proposed budget for 1996 is $4.094.750 and the net tax levy for 1996 is proposed in the amount of $2.570.439. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-89, A RESOLUTION AUTHORIZING THE PROPOSED TAX LEVY FOR CALENDAR YEAR 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.19. Consider Resolution for OrderlY Annexation City Planner Steve Ach stated that Arne Engstrom is requesting the City of Elk River to consider annexation of approximately 4.000 square feet of his property located west of Meadowvale Road at the 207th Street alignment. Steve Ach indicated that the City of Elk River's western limits currently bisect the eastern two feet of Mr. Engstrom's home. e COUNCILMEMBER SCHEEL MOVED TO ADOPT ORDINANCE 95-90, AN ORDINANCE IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF BIG LAKE AND THE CITY Elk River City Council Meeting December 18, 1995 Page 7 e OF ELK RIVER DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE MINNESOTA MUNICIPAL BOARD PURSUANT TO MS 414.0325. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.20. Utilities Commission Uodate bv Commissioner Dietz Councilmember Dietz updated the City Council on actions that were taken at the Utilities Commission meeting. 5.21. Ice Arena Grant Uodate The City Administrator informed the Council that the City of Elk River did not receive the grant for the ice arena. 5.22. HRA Aooointment Mayor Duitsman indicated that he wished to appoint Stewart Wilson to the Housing and Redevelopment Authority. Mayor Duitsman indicated that his term will be expiring on December 31, 1995. and that he did not wish to be reappointed. e COUNCILMEMBER FARBER MOVED TO APPOINT STEWART WILSON TO THE HOUSING AND REDEVELOPMENT AUTHORITY FOR A FIVE YEAR TERM BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 2000. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider a Presentation from the Elk River Area Arts Council Concernina a Multi- use Auditorium (Cliff Lundberal Cliff Lundberg, representing the Elk River Area Arts Council, stated that the Elk River Area Arts Council has received an arts space grant. Mr. Lundberg presented to the Council the plans for a multi-use auditorium which was the result of the arts space grant funds. Mr. Lundberg requested that the City Council consider revitalizing the Community Center Task Force to review the proposal and to study ways of financing the multi-use auditorium. The Council recessed at 7:35 p.m. andreconvened at 7:40 p.m. 6. Ooen Mike Carol Turner, 18776 Cleveland. informed the Council that they own 40 acres and live inside the proposed urban service area. 7.1. Consider Action on Comoonents of Comorehensive Plan (Urban Service Area and Land Use Maol e City Planner Steve Ach indicated that the urban service boundary area map has been revised as requested by the City Council on December 11. He stated that the map has been modified by removing an area that is bordered by County Road 12 on the north. Fillmore Street on the east, 165th A venue on the south. and Tyler Street alignment on the west. He further indicated that the area between County Road 12 and 13 east of Cleveland Street has also been removed. Steve Elk River City Council Meeting December 18, 1995 Page 8 e Ach reviewed the amendments to the land use plan that were requested by the Council on December 11. The revisions are as follows: the area north of Sax Foods to 197th A venue has been amended to a land use designation of Highway Business. the depth of the area is 850 feet measured from the east right-of-way of Highway 169. The industrial land use at the intersection of County Road 12 and 13 has been modified per George Deschenes request. The residential areas within the urban service area have a land use designation of Medium Density Residential and the areas outside the urban service boundary will maintain the land use designation of Low Density Residential. Councilmember Holmgren requested that the Council consider deleting the corner northeast of County Road 13 and Tyler Street from the urban service area due to the fact that County Road 13 is a natural boundary. Councilmember Dietz indicated that he is in favor of the proposed revisions to the urban service area. Mayor Duitsman informed the public that the urban service boundary map is a long range plan and that there are no immediate plans for sewer and water. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE URBAN SERVICE AREA INDICATED ON THE MAP WITH THE EXCLUSION OF THE AREA NORTHWEST OF COUNTY ROAD 13. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Council member Scheel opposed. e COUNCILMEMBER FARBER MOVED TO ADOPT THE LAND USE MAP AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CHANGES MADE TO THE COMPREHENSIVE PLAN AND TO HAVE THOSE CHANGES INCORPORATED INTO THE PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consider Purchase of Cass Property for Recreation Purposes/Public Hearina The City Administrator indicated that the city is proposing to purchase approximately 115 acres at $2,650 per acre. The land will be used for recreational purposes, wastewater treatment plant sludge purposes, and the balance will be sold for single family home sites. He stated that in the future, the wastewater treatment plant sludge land is scheduled to be converted into recreation fields. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. It was the consensus of the Council that no funds would be offered to the V,/WTP operation when the sludge land is converted to recreation uses. COUNCllMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF 115 ACRES AT $2,650 PER ACRE FROM MR. CASSo COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. e 7.3. Acquisition of Park land from the Shielv Companv/Public Hearinq Elk River City Council Meeting December 18, 1995 Page 9 e Building and Zoning Administrator Steve Rohlf indicated that the city is proposing to purchase approximately 30 acres of dry subtype oak forest from the Shiely Company. He indicated that the Planning Commission and Park and Recreation Commission have recommended that the city use the $45,500 Natural and Scenic Grant Funds for the purchase. Steve Rohlf indicated that the maximum purchase price is $91 ,000 and recommended that the remaining funds be taken from park dedication fees. Mayor Duitsman opened the public hearing. Mike Niziolek stated that the property was very scenic and hilly and would be a good addition to the City of Elk River park land. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his concern regarding the trails from the property into the Ridgewood property. COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF APPROXIMATELY 30 ACRES FROM THE SHIELY COMPANY WITH NO TRAILS LEADING INTO THE RIDGEWOOD PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Kraus-Anderson of Elk River, Inc., Reauest for Preliminary and Final Plat Aooroval for Elk Park Center Fourth Addition, Public Hearina. Case No. P 95-07 e City Planner Steve Ach indicated that Kraus-Anderson of Elk River, Inc., is requesting preliminary and final plat approval to replat a portion of Elk Park Center Planned Unit Development. He indicated that the proposed plat is a replat of Lots 1 and 4. Block 2, which is located in the area where Cub Foods is now being constructed. The replat involves the adjustment of one lot line and the creation of one additional lot. Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. Councilmember Holmgren indicated he would like to see the vacant trailer with the name Kraus-Anderson removed immediately. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR ELK PARK CENTER fOURTH ADDITION PLANNED UNIT DEVELOPMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-91, A RESOLUTION GRANTING FINAL PLAT APPROVAL fOR ELK PARK CENTER fOURTH ADDITION WITH THE ADDED STIPULATION THAT THE VACANT TRAILER WITH THE NAME KRAUS- ANDERSON BE REMOVED IMMEDIATELY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.5. 7.6. Request for Variance by Elk River AutoMall, LLC. Public Hearinq, Case No. V 95-12 Request for Administrative Subdivision by Elk River AutoMall, LLC. Public Hearina. Case No. AS 95-12 Elk River City Council Meeting December 18, 1995 Page 10 e Steve Ach indicated that Elk River AutoMall is requesting a variance to the one acre minimum lot size requirement in the C3, Highway Commercial zoning district. Steve Ach further indicated that Elk River AutoMall is also requesting an administrative subdivision to divide a 3.7 acre parcel into two separate lots. The two lots will respectively be 2.91 acres and .85 acres in size. He indicated that the primary reason that the .85 acre lot does not meet the minimum acreage requirement is due to the need to provide the required number of parking stalls on each parcel. Steve Ach indicated that the Planning Commission reviewed the request for a variance in November and recommended approval. Mayor Duitsman opened the public hearing for the variance and administrative subdivision. There being no one for or against these matters. Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE .15 ACRE VARIANCE REQUEST TO THE MINIMUM LOT SIZE OF ONE ACRE IN THE C3, HIGHWAY COMMERCIAL ZONING DISTRICT FOR THE ELK RIVER AUTOMALL BASED ON THE FOLLOWING FINDINGS: 1. THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH EXIST ARE PECULIAR TO THE AUTO MALL DEVELOPMENT AND THAT IT IS A UNIFIED DEVELOPMENT WITH COMMON PARKING AND DRIVEWAYS THAT FOR ALL PRACTICAL PURPOSES WILL FUNCTION AS ONE DEVELOPMENT. 2. THE LITERAL APPLICATION OF THE MINIMUM LOT SIZE REQUIREMENTS FOUND IN THE ZONING ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER SIMILAR COMMERCIAL DEVELOPMENTS AS WELL AS MULTI-TENANT OFFICE DEVELOPMENTS WITH SIMILAR CIRCUMSTANCES. e 3. THE VARIANCE WOULD NOT HAVE ANY ADVERSE AFFECT ON THE HEALTH, SAFETY, OR THE WELFARE OF THE RESIDENTS OR NEIGHBORING PROPERTIES WITHIN THE AREA AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE LOT SIZE STANDARDS FOUND WITHIN THE ZONING ORDINANCE. 4. LITERAL ENFORCEMENT OF THE ZONING ORDINANCE WOULD PREVENT THE DIVISION OF THE SUBJECT PROPERTY TO CREATE A SEPARATE PARCEL MERELY FOR TRANSFERRING OF OWNERSHIP. 5. GRANTING THE VARIANCE WOULD NOT ALLOW ANY FURTHER DEVELOPMENT OF THE EXISTING AUTO MALL AND WOULD THEREFORE NOT GRANT ANY SPECIAL PRIVILEGES UPON THE APPLICANT TO DEVIATE FROM THE CITY ZONING ORDINANCE IN ANY OTHER WAY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR ELK RIVER AUTOMALL TO DIVIDE A 3.76 ACRE SITE INTO A 2.91 AND .85 ACRE SITE WITH THE FOLLOWING CONDITION: 1. PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION, A LETTER OF APPROVAL BE RECEIVED FROM THE BANK OF ELK RIVER STATING THEIR CONCERNS HAVE BEEN SATISFIED. e Elk River City Council Meeting December 18, 1995 Page 11 e COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. Reauest for Final Plat Aooroval for Weatherwood Subdivision by Mastley/Lindauist/P 95-01 Steve Ach indicated that Jeff Mastley and Randy Lindquist are requesting final plat approval to subdivide approximately 80 acres into 21 single family lots. He indicated that the final plat is consistent with the preliminary plat that was previously approved by the City Council. He stated that the location of the proposed plat is the area lying east of Zebulon Street and directly south of Fairhaven Hills. Steve Ach indicated that staff has not received the drainage calculations that are necessary to determine if the proposed treatment ponds are adequately sized to accommodate the drainage generated by the proposed plat design. He suggested that the final plat not be recorded until the appropriate drainage calculations and grading plan have been finalized. It was a concern of the Council that the plat not be approved until the Council is assured that the appropriate drainage and grading plans are provided. e COUNCILMEMBER DIETZ MOVED TO CONTINUE ACTION ON THIS ITEM TO THE JANUARY 8, 1995, CITY COUNCIL MEETING AT 6 P.M. SO THAT THE COUNCIL CAN REVIEW THE DRAINAGE AND GRADING PLANS FOR THE PLAT. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Consider Grantina a Six Month Extension for a Moratorium on Subdivisions. Public Hearina. Case No. OA 95-02 City Planner Steve Ach indicated that the Council is requested to establish a six month extension to a moratorium on subdivisions of land outside of the city's current urban service area. He indicated that the moratorium will cover lands illustrated in the memo provided to the City Council dated December 18 and will specifically prohibit subdivisions of land into parcels less than ten acres in size. Steve Ach indicated that the extension of the moratorium will allow the Planning Commission and Council to establish the appropriate zonings and land use regulations to protect the integrity of extension of utilities within the newly established urban service boundary. Mayor Duitsman indicated his concern with the six month time period. He stated he would prefer that the issue be completed in four months. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-30, AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN AREAS OF THE CITY OF ELK RIVER WITH THE PROCESS TO BE COMPLETED BY APRIL 30, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.10. Ordinance Amendment by the City of Elk River, Public Hearina. Case No. OA 95- H Elk River City Council Meeting December 18, 1995 Page 12 e City Planner Steve Ach indicated that the City of Elk River is requesting an ordinance amendment to establish a new commercial zoning district entitled neighborhood commercial. Steve Ach indicated that the purpose of the district is to allow less intense commercial activities to occur in close proximity to residential areas and other locations that may be inappropriate for the more intense highway business district. He further stated that this idea was discussed as part of the 1988 Comprehensive Plan as well as the Comprehensive Plan update which was just completed. Steve Ach indicated that the Planning Commission discussed the ordinance at a workshop and two public hearings, and recommended approval of the neighborhood commercial zoning district. Mayor Duitsman opened the public hearing. Council member Scheel indicated she did not feel there was a need for this type of an ordinance. Councilmember Farber concurred with Council member Scheel. Planning Commission Representative Louise Kuester indicated that the Planning Commission approved the concept of a neighborhood commercial zoning district based on input received from the public hearings. She said many of the neighbors are concerned about commercial areas infringing on residential areas and further indicated that the ordinance is being proposed in order to protect the residential areas. e There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-31, AN ORDINANCE AMENDING SECTION 912 OF THE ELK RIVER CODE OF ORDINANCES ESTABLISHING A NEIGHBORHOOD COMMERCIAL ZONING ORDINANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 9. Other Business Mayor Duitsman informed the Council that he has received a letter stating that the old Sherburne County Courthouse has been removed from the list of historical places. 10. Staff Uodates City Administrator Pat Klaers distributed a draft agenda for the December 21 Council meeting. The City Administrator indicated he has received a budget request from the Street Superintendent to purchase an air compressor from equipment reserve expenditures in the amount of $2,000. e COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO PURCHASE THE AIR COMPRESSOR FOR $2,000 FROM EQUIPMENT RESERVE Elk River City Council Meeting December 18, 1995 Page 13 e EXPENDITURES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Adjournment There being no further business, COUNCILMEMBER FARBER 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 8:45 p.m. Respectfully submitted, t:!::cke~~ City Clerk e e