01-18-1994 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDAY, JANUARY 18, 1994
Members Present:
Vice Mayor Farber, Councilmembers Dietz, Scheel, and
Holmgren
Members Absent:
Mayor Duitsman
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City
Clerk; Steven Ach, City Planner; Stephen Rohlf, Building
and Zoning Administrator; Peter Beck, City Attorney
Also Present:
Planning Commission Representative, Louise Kuester
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River
City Council was called to order at 7:10 p.m. by Vice Mayor Farber.
2. Consider 1/18/94 City Council Agenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE
AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION.
4-0.
1/18/94 CITY
THE MOTION
COUNCIL
CARRIED
3.
Consent Agenda
4.2.
JANUARY 10, 1994 CITY COUNCIL MINUTES - APPROVED
5.6A.
ANNUAL OUT-STATE CONFERENCE - CLIFF SKOGSTAD/BUILDING
OFFICIAL - APPROVED
5.6B.
ANNUAL OUT-STATE CONFERENCE - FRITZ DOLEJS/LIQUOR STORE-
APPROVED
8.3
RESOLUTION 94-7 A RESOLUTION ACCEPTING THE SANITARY SEWER
IN THE MEADOWVALE COMMERCIAL PARK AS A PUBLIC IMPROVEMENT
APPROVED.
8.4. CONSIDERATION OF PRELIMINARY PLAT OF ELK PARK CENTER
CONTINUED UNTIL FEBRUARY 7, 1994.
COUNCILMEMBER DIETZ MOVED
EXCEPTION OF ITEM 4.1.
THE MOTION CARRIED 4-0.
TO APPROVE THE CONSENT AGENDA WITH THE
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
4.1. Consider January 3, 1994, City Council Minutes
Councilmember Dietz requested that the following correction be made to
page 6, paragraph 9:
Elk River City Council Meeting
January 18, 1994
Page 2
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"Councilmember Dietz moved to direct the Fire
implement a written commercial fire inspection
Council for review within thirty (30) days."
Chief to provide and
plan to the City
COUNCILMEMBER DIETZ
MINUTES AS AMENDED.
MOTION CARRIED 4-0.
MOVED TO APPROVE THE JANUARY 3, 1994, CITY COUNCIL
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
5.1. Interview/Steve Dittbenner - Health Care Commission
The Council interviewed Steve Dittbenner who requested reappointment
for a second term to the Health Care Commission.
5.2. Health Care Commission Appointment
COUNCILMEMBER SCHEEL MOVED TO REAPPOINT STEVE DITTBENNER TO THE HEALTH
CARE COMMISSION FOR A THREE YEAR TERM TO EXPIRE ON DECEMBER 31, 1996.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.3. Commission and Board Applications Update
The City Clerk informed the Council that one application has been
received for the vacancy on the Library Board. It was the consensus of
the Council to set an interview with the applicant for the Library
Board.
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The City Clerk informed the Council that no applications have been
received for the Planning Commission vacancy, however, she has sent an
application to a person who called and indicated interest in the
position. Vice Mayor Farber indicated that he may also know of someone
who is interested.
COUNCILMEMBER HOLMGREN MOVED TO EXTEND THE DEADLINE DATE FOR PLANNING
COMMISSION APPLICATIONS TO JANUARY 21, 1994. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.4. Architect for Library Expansion Project
Pat Klaers informed the Council that the Library Board has reviewed the
RFP's that were received for the Library expansion project. The City
received five RFP's and the Library Board selected three firms to
interview. Following the interview on 12/14/93, the Library Board
voted to recommend that the City Council hire Eos Architecture for the
Library expansion project in an amount not to exceed $39,000.
COUNCILMEMBER DIETZ MOVED TO HIRE EOS ARCHITECTURE AS THE ARCHITECT FOR
THE LIBRARY EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $39,000.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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5.5. Consider motion requesting utility billing assistance with future
city-wide storm sewer fees
The
has
City Administrator
discussed the issue
noted
of
that the Council, on several occasions,
implementing a storm drainage plan;
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Elk River City Council Meeting
January 18, 1994
Page 3
particularly, the method of payment for implementing such a plan. He
indicated that during these discussions, the Council requested the Elk
River Municipal Utilities assistance in establishing a billing system
for a city-wide storm drainage fee.
COUNCILMEMBER DIETZ MOVED TO FORMALLY REQUEST THE ELK RIVER MUNICIPAL
UTILITIES TO PROVIDE A BILLING SYSTEM FOR A CITY-WIDE STORM DRAINAGE
FEE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED
4-0.
5.7. Consider Acceptance of the Wetland Conservation Act
Stephen Rohlf, Building And Zoning Administrator, recommended that the
City accept the responsibility as the local governmental unit to
administer the permanent Wetland Conservation Act rules within the City
limits. He indicated that until this responsibility is accepted by a
government unit, there is a moratorium on filling or draining of
wetlands.
COUNCILMEMBER HOLMGREN MOVED THAT THE CITY ADOPT RESOLUTION 94-8 A
RESOLUTION ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT
WITH THE FOLLOWING STIPULATIONS:
1.
THAT THE CITY ACCEPT RESPONSIBILITY AS THE LOCAL GOVERNMENTAL UNIT
(LGU) FOR THE ADMINISTRATION OF THE PERMANENT WETLAND CONSERVATION
ACT RULES BY ADOPTING RESOLUTION 94-8.
2.
THE APPLICATION FEE BE $75.00 PLUS CONSULTANT COSTS (THE MAXIMUM
CURRENTLY ALLOWED BY LAW).
3. THE COUNCIL ALLOWS STAFF TO EXPLORE THE POSSIBILITY OF CREATING OR
RESTORING A WETLAND FOR BANKING PURPOSES.
4. WHERE POSSIBLE AND PRACTICAL, WETLANDS FILLED OR DRAINED IN ELK
RIVER ARE REPLACED WITHIN THE CITY LIMITS.
5. CITY STAFF MAKES APPLICATION FOR GRANT MONEY TO HELP FUND THE
ADMINISTRATION OF THIS ACT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.8. Consider Ordinance Amendment to Section 1006,
Installation, by the City of Elk River
Fitting
Gas
and
Steve Rohlf informed the Council that the City currently does not have
a special permit or charge a fee for certain mechanical work such as
duct work and ventilation system work. He indicated that by not having
a permit or charging a fee for this work, the cost of the inspections
are not covered and the contractor does not sign off on the permit.
Steve Rohlf suggested that the City charge 1% of the valuation of the
work for this type of permit.
Elk River City Council Meeting
January 18, 1994
Page 4
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COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-1, AN ORDINANCE
AMENDING SECTION 1006 GAS FITTING AND INSTALLATION REGULATIONS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.9. Resolution Setting 1994 Fee Schedule
City Clerk Sandra Thackeray, indicated that fees charged by the city
are reviewed on a yearly basis. She indicated that the attached fee
schedule reflects the recommended changes in fees for 1994.
Councilmember Scheel voiced a concern over the low fees charged to
garbage trucks in comparison to the damage they do to city streets.
Steve Rohlf indicated that an increase in license fees for these trucks
means an increase in the garbage bill to the consumer; therefore, he is
recommending that no change be made.
Councilmember Dietz indicated his concern regarding the increase in
planning fees. City Planner Steven Ach indicated that the fees were
increased based on a survey taken of fees charged by cities close in
size and development activity to Elk River. He stated he is
recommending adjusting the planning fees to be on an even par with
these cities.
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COUNCILMEMBER DIETZ MOVED TO ADOPT
ADOPTING THE FEE SCHEDULE FOR 1994.
THE MOTION. THE MOTION CARRIED 4-0.
RESOLUTION 94- 8 .,5 A RESOLUTION
COUNCILMEMBER HOLMGREN SECONDED
8.8. Update On Planning Items
City Planner Steven Ach updated the Council on issues that will be
before the Council in the near future. Those issues consisted of a
code amendment for accessory buildings, feasibility report for Elk Park
Center and a proposal for a 68 unit apartment.
8.9. Tentative Planning Commission Agenda 1/25/94
City Planner Steven Ach updated the Council on issues that will be
before the Planning Commission on 1/25/94.
9. Other Business
COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL
ON JANUARY 31, 1994 FOR THE PURPOSE OF MEETING WITH THE SCHOOL BOARD
AND TO DISCUSS THE STATUS OF THE EDA MAIN STREET REDEVELOPMENT SITE.
THE MEETING WILL BE HELD AT ELK RIVER CITY HALL AT 6:00 P.M.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETI~G OF THE ELK RIVER
CITY COUNCIL ON MONDAY, FEBRUARY 14, 1994, AT 6:00 P.M. TO DISCUSS
PERSONNEL ISSUES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED. 4-0.
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The City Council recessed at 6:50 p.m. and reconvened at 7:00 p.m.
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Elk River city Council Meeting
January 18, 1994
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6.
Open Mike
No one was present for this item.
7.1. Consider Renewal of Conditional Use Permit to Process RDF by
NSP/Public Hearing - CU-87-0l
Stephen Rohlf indicated that Northern States Power is requesting a two
year renewal of their solid waste license and conditional use permit to
process municipal solid waste into refuse derived fuel. Steve Rohlf
indicated that all of the issues have been reviewed by staff. He
informed the Council that there will be a transfer of the RDF
processing facility. NRG, Inc. will be taking over the operations in
the near future.
Planning Commission Representative, Louise Kuester, indicated that the
Planning Commission recommended approval.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
The City Attorney recommended two minor
agreement in license and conditional
blank until transfer takes place from NSP
be guaranteeing compliance to the license
changes to the NSP consent
use permits; 1) Date was left
to NRG, and 2) that NSP will
and conditional use permit.
COUNCILMEMBER SCHEEL MOVED TO
LICENSE AND THE CONDITIONAL USE
FOLLOWING CONDITIONS:
APPROVE THE RENEWAL OF THE SOLID WASTE
PERMIT (CU-87-01) FOR NSP WITH THE
1. THE CITY ENGINEER CONTINUES TO MONITOR TRAFFIC ISSUES ASSOCIATED
WITH NSP'S PLANT AND CHANGES TO ROADS AND/OR PLANT OPERATIONS ARE
ORDERED IN THE FUTURE, IF WARRANTED.
2. THE POTABLE WATER ISSUE (LEAD) IS RESOLVED TO STAFF'S SATISFACTION.
3. NSP'S DUST COLLECTION SYSTEM MEETS STATE PERFORMANCE STANDARDS.
4. NRG BE NAMED AS THE PERMITTEE ON THE CITY'S LICENSE AND
CONDITIONAL USE PERMIT, BUT NSP CO-SIGNS THE PERMITS.
s. THE PERMIT WILL BE CONTINUED IN NSP'S NAME UNTIL THE TRANSFER
TAKES PLACE TO NRG AND THEN THE PERMITS WILL AUTOMATICALLY CONVERT
TO NRG.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
7.2. Consider Renewal of conditional use permit to burn RDF to produce
electrical power by UPA/Public Hearing (CU-87-02)
Stephen Rohlf indicated that United Power Association is requesting
renewal of a solid waste facility license and conditional use permit.
He indicated that all issues have been reviewed by staff.
Elk River city Council Meeting
January 18, 1994
Page 6
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Planning Commission Representative Louise Kuester indicated that the
Planning Commission recommended approval.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE A TWO-YEAR RENEWAL OF THE SOLID
WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT (CU-87-02) FOR UNITED
POWER ASSOCIATION WITH THE STIPULATION THAT MORE RESTRICTIVE STATE OR
FEDERAL EMISSION STANDARDS ARE AUTOMATICALLY INCORPORATED INTO THE
CITY'S PERMITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
8.1. Consider Zoning Ordinance Amendment Establishing a Business Park (B-P)
Zoning District by the City of Elk River/Public Hearing
City Planner Steven Ach explained that in 1990, a Focus Area Study was
completed which provided an in-depth study of future land use
opportunities. A land use that was discussed was the creation of a
business park. An ordinance must be established in order to implement
the concept of a business park. He further indicated that the proposed
"Business Park" Zoning Ordinance has been reviewed by the Planning
Commission and Business Park Task Force.
Vice Mayor Farber opened the public hearing.
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Louise Kuester indicated that the Planning Commission recommended
approval. She also relayed a concern that the Planning Commission had
regarding certain items being accomplished "at the discretion of the
Zoning Administrator." This issue was discussed and it was the
consensus that no change be made to the ordinance.
COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-2 AN ORDINANCE AMENDING
SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ESTABLISHING
A BUSINESS PARK ZONING ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
8.2. Consider Preliminary Plat to divide approximately ten acres into one
commercial lot and one outlot along with a conditional use permit to
operate a motor vehicle station and convenience store by
SuperAmerica/Public Hearing/Case No. P-92-7 & CU-92-16
Steven Ach indicated that SuperAmerica is requesting a preliminary plat
to subdivide approximately 12 acres into 1 commercial lot and 1 outlot
at the southeast corner of Highway 169 and 193rd Avenue. The division
would create one lot approximately one acre in size for SuperAmerica
with the balance of the property retained as an outlot for future
development. SuperAmerica is planning to install temporary utility
lines with the intention of hooking up to the trunk sanitary sewer when
it is extended from school Street and Freeport. If the trunk line is
installed prior to the construction of SuperAmerica, they would then
e hook directly to the trunk line.
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Elk River City Council Meeting
January 18, 1994
Page 7
Steven Ach indicated that SuperAmerica is also requesting a conditional
use permit to operate a motor vehicle station and convenience store.
Representatives of SuperAmerica were present.
distributed of the proposed sign for the site.
A handout was
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
Louise Kuester indicated that all Planning Commission concerns have
been addressed. She stated that the Planning Commission voted to
recommend approval of both requests.
COUNCILMEMBER DIETZ MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT
FOR SUPERAMERICA TO SUBDIVIDE A 12 ACRE PARCEL INTO ONE COMMERCIAL LOT
AND ONE OUTLOT LOCATED AT INTERSECTION OF HIGHWAY 169 AND 193RD AVENUE
WITH THE FOLLOWING CONDITIONS:
1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE
ADDRESSED AND/OR INCORPORATED INTO THE PRELIMINARY PLAT.
2. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE SOUTHEAST
PROPERTY LINE PROTECTING THE RIDGE AND EXISTING TREES. THIS
EASEMENT SHALL BE A MINIMUM OF 30 FEET IN WIDTH AND FOLLOW THE
SOUTHEAST PROPERTY LINE.
3.
ELK RIVER UTILITIES, BE CONTACTED TO ARRANGE THE EXTENSION OF
ELECTRICAL SERVICES TO THE PROPERTY.
4. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF 193 AVENUE
AND THE EASTERLY ENTRANCE DRIVE.
5. CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE
BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
6. PAYMENT OF $7,500 TO THE CITY OF ELK RIVER FOR THE PROPERTY'S FAIR
SHARE COST FOR SIGNALIZATION IMPROVEMENTS AT 193 AVENUE AND
HIGHWAY 169.
7. PAYMENT OF A TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT IN THE
AMOUNT OF $3,800 PER ACRE BE PAID PRIOR TO RELEASING FINAL PLAT
FOR RECORDING.
8. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA PLAT.
9. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A DEVELOPMENT PLAN
ILLUSTRATING THE GENERAL GRADING, STORM/SEDIMENTATION PONDING
NEEDS AND FINISHED FLOOR ELEVATIONS OF BUILDINGS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO
OPERATE A MOTOR VEHICLE STATION AND CONVENIENCE STORE AT THE
Elk River City Council Meeting
January 18, 1994
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2.
3.
4.
5.
6.
7.
8.
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9.
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INTERSECTION OF HIGHWAY 169 AND 193RD AVENUE WITH THE FOLLOWING
CONDITIONS:
1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE
ADDRESSED AND/OR INCORPORATED INTO THE SITE PLAN FOR DEVELOPMENT
OF LOT 1, OAK PARC PLAZA.
B612 CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE SITE.
SUPERAMERICA PRESENT PLANS OF A MONUMENT STYLE SIGN TO CITY STAFF
FOR REVIEW AND APPROVAL.
PROVIDE A DIVERSITY OF LANDSCAPING AND MAINTAIN CLEAR SIGHT
VISIBILITY TRIANGLES.
SOD ALL DISTURBED AREAS.
FOLLOW BEST MANAGEMENT PRACTICES AND INSTALL SILT FENCE AND OTHER
EROSION CONTROL MEASURES AS DETERMINED BY THE CITY ENGINEER.
TRASH ENCLOSURE BE CONSTRUCTED OF MASONRY MATERIAL SIMILAR TO THE
BUILDING AND HAVE GATES.
A 24 FOOT WIDE DRIVE ISLE BE MAINTAINED AROUND THE SOUTH END OF
THE CANOPY. DRIVE ISLE DIMENSION SHALL BE MEASURED FROM THE CURB
TO THE NEAREST POINT OF A VEHICLE DISPENSING GASOLINE.
UNDERGROUND STORAGE TANK VENTING
LANDSCAPING AND/OR LATTICE.
PIPES
SCREENED
WITH
BE
10. LETTER FROM UPA AUTHORIZING USE OF 50 FOOT EASEMENT ALONG HIGHWAY
169.
11. EXISTING TREES IN MNDOT RIGHT-OF-WAY AND ALONG THE WEST PROPERTY
LINE SHALL NOT BE REMOVED.
12. THE PROPOSED GRADING PLAN FOR SUPERAMERICA SHALL BE REVISED TO BE
CONSISTENT WITH THE DEVELOPMENT PLAN FOR THIS PLAT.
13. THE GRADING PLAN SHALL BE DESIGNED WITH MAXIMUM SLOPES NOT
EXCEEDING CITY STANDARDS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8.5. Conditional Use Permit Request by Paul Krause/Public Hearing, CU93-39
Steven Ach indicated that Paul Krause has made application for a
conditional use permit to operate a temporary golf driving range. The
site is located east of the Pinewood Golf Course club house and Waco
Street. The proposed driving range will consist of fifteen
tee-stalls. Parking for the driving range will be provided at the
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Elk River City Council Meeting
January 18, 1994
Page 9
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Discussion was held regarding the Planning Commission concern of
golfers crossing Waco Street to access the driving range. Paul Krause
introduced himself. He indicated that he would be upgrading the
parking lot and would provide signs warning the golfers of the traffic
on Waco street.
Louise Kuester indicated that the Planning Commission recommended
approval of the request. She also indicated that the Planning
Commission had a concern with the 55 mph speed limit in that area.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY PAUL KRAUSE TO OPERATE A TEMPORARY DRIVING RANGE WITH THE
FOLLOWING CONDITIONS:
1. THE DRIVING RANGE BE LIMITED TO 15 TEE STALLS, UNLESS ADDITIONAL
PARKING IS PROVIDED.
2. HOURS OF THE DRIVING RANGE BE CONSISTENT WITH THAT OF THE GOLF
COURSE.
3.
THE EXISTING PARKING LOT OF THE GOLF COURSE BE UPGRADED TO MEET
EXISTING CODE REQUIREMENTS (BITUMINOUS SURFACING, STRIPING,
SETBACKS) WITHIN A THREE YEAR TIME PERIOD. A PLAN SHALL BE
SUBMITTED TO THE CITY ILLUSTRATING THE THREE PHASES OF IMPROVEMENT
AND WHEN THOSE WILL BE COMPLETED.
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4. THIS USE BE REVIEWED ON A TWO YEAR BASIS TO ENSURE COMPATIBILITY
WITH THE COMPREHENSIVE PLAN AND SURROUNDING DEVELOPMENT ACTIVITY.
5. STAFF REVIEW PEDESTRIAN WARNING SIGNS FOR THE WACO CROSSING AREA
WITH STREET SUPERINTENDENT PHIL HALS AND POLICE CHIEF TOM ZERWAS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8.6. Conditional Use Permit by Steve LaTour/Public Hearing/CU-93-40
Steven Ach indicated that Steve LaTour is requesting a conditional use
on the 300 foot setback for a metal-skin building located at 11063
207th Ave. NW. He stated that Mr. LaTour is proposing to construct an
agricultural metal-skin building located 200 feet from a neighboring
home. He stated that after review of the request, staff recommends
approval.
Louise Kuester indicated that the Planning Commission recommended
approval of the request.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
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COUNCILMEMBER HOLMGREN MOVED
REQUESTED BY STEVE LATOUR
TO APPROVE THE CONDITIONAL USE PERMIT
TO ENCROACH ON THE 300 FOOT SETBACK FOR A
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Elk River City Council Meeting
January 18, 1994
Page 10
METAL SKIN BUILDING AT 11063 207TH AVE NW, WITH THE
CONDITIONS:
FOLLOWING
1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE COLOR OF THE
EXISTING HOME.
2. THE LOCATION OF THE BUILDING BE CONSISTENT WITH THE SITE PLAN.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
9. Variance by Gary Westerland/Public Hearing - V-93-10
Steven Ach indicated that Mr. Wester land is requesting a 50 foot
variance to a 100 foot shore 1 and setback requirement.
steven Ach explained that Mr. Wester land recently purchased a home
located 14133 Highway 10. The home does not have a garage on site.
Mr. Westerland is proposing to build a garage to bring his parcel of
property into compliance with City Code.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
Louise Kuester stated that the Planning Commission recommended approval
of the request.
COUNCILMEMBER SCHEEL MOVED TO APPROVE A 50 FOOT VARIANCE TO THE 100
FOOT SHORELAND SETBACK REQUIREMENT FOR GARY WESTERLAND LOCATED AT 14133
HIGHWAY 10 WITH THE FOLLOWING CONDITIONS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY
HARDSHIP BY NOT ALLOWING THE APPLICANT TO CONSTRUCT A GARAGE ON AN
ADEQUATE AND CONVENIENT LOCATION ON HIS PARCEL.
2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION BUT
DUE TO A CHANGE IN CITY CODE.
3.
THE VARIANCE WILL
HEALTH, SAFETY, OR
NEIGHBORHOOD, AND
THE ORDINANCE.
NOT BE
WELFARE
WILL BE
INJURIOUS TO OR ADVERSELY AFFECT THE
OF THE RESIDENTS OF THE CITY OR
KEEPING WITH THE SPIRIT AND INTENT OF
4.
THE APPROVAL IS CONTINGENT UPON THE APPLICANT
FAVORABLE RESPONSE FROM THE DNR.
RECEIVING
A
5.
AT THE TIME OF BUILDING
SHOW THAT THE LOWEST FLOOR
ELEVATION.
PERMIT APPLICATION, THE APPLICANT MUST
ELEVATION IS AT OR ABOVE THE 883
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
9.
Other Business
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Elk River City Council Meeting
January 18, 1994
Page 11
councilmember Scheel suggested that the City research the possibility
of the Mayor serving a four-year term. She also suggested that the
City research the idea of a tax in lieu of park dedication fees.
The City Attorney
necessary for a Mayor
of the Council to
dedication at a later
indicated
to serve
discuss
date.
10. Adjournment
that he would research the process
a four-year term. It was the consensus
the possibility of a tax in lieu of park
There being no further
ADJOURN THE MEETING.
MOTION CARRIED 4-0.
business, COUNCILMEMBER HOLMGREN MOVED
COUNCILMEMBER DIETZ SECONDED THE MOTION.
TO
THE
The meeting of the Elk River City Council adjourned at 7:55 p.m.
Respectfully submitted,
~~a~~!I(a{AJ
City Clerk