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06-20-1994 CC MIN e Members Present: Members Absent: Staff Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 20, 1994 Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Troy Langer, Planning Intern; Steve Ach, City Planner; Gary Schmitz, Planning Assistant 1 . Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider 6/20/94 Aaenda e The City Clerk requested that Item 5.2. be removed from the Consent Agenda. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 6/20/94 AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: ITEM 4.1. ITEM 4.2. ITEM 4.3. ITEM 5.1. ITEM 5.4.0 ITEM 5.4.b ITEM 5.4.c ITEM 5.4.d ITEM 9.1. ITEM 9.2. e 5/31/94 SPECIAL CITY COUNCIL MEETING MINUTES - APPROVED 6/6/94 EXECUTIVE SESSION CITY COUNCIL MEETING MINUTES - APPROVED 6/6/94 REGULAR CITY COUNCIL MEETING MINUTES - APPROVED TRANSIENT MERCHANT LICENSE FOR GREG GARCIA TO ALLOW DOOR TO DOOR SALES OF EDUCATIONAL BOOKS - TABLED PAY ESTIMATE NO.1 ELK PARK CENTER TRUNK SEWER AND WATER - APPROVED PAY ESTIMATE NO.2 DEERFIELD III STORM SEWER - APPROVED PAY ESTIMATE NO.2 JACKSON AVENUE SIDEWALK - APPROVED PAY ESTIMATE NO.1 WWTP INTERIM IMPROVEMENTS - APPROVED CONSIDER A CONDITIONAL USE PERMIT REQUEST BY DARKENWALD FAMILY PARTNERSHIP/P.H.jCASE NO. CU 94-11 - CONTINUED CONSIDER A CONDITIONAL USE PERMIT REQUEST BY SOLID ROCK CHURCH/P.H./CASE NO. CU 94-15 - CONTINUED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes June 20, 1994 Page 2 e Council member Holmgren indicated that the letter from Gene Schuldt regarding the Mayor's term of office was not entered into the 5/23/94 City Council minutes. 5.2. Consider a Transient Merchant License for James Fitchie to allow the sale of ice cream novelties by truck at Orono Beach and within the City of Elk River The City Clerk indicated that Mr. Fitchie has requested to sell ice cream novelties in the City of Elk River from a vending truck. She further indicated that Mr. Fitchie is requesting to sell the ice cream at Orono Beach. The City Clerk requested that the Council consider not allowing the sale of ice cream at Orono Beach by transient merchants on the Fourth of July and the date of the Community Festival. The City Clerk further indicated that if Mr. Fitchie requested to sell ice cream on those days, he could contact the Chamber of Commerce or Community Education to obtain a special permit to do so. COUNCILMEMBER FARBER MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE TO MR. JAMES FITCHIE TO ALLOW THE SALE OF ICE CREAM NOVELTIES FROM A VENDING TRUCK IN THE CITY OF ELK RIVER AND AT ORONO BEACH EXCLUDING THE FOURTH OF JULY AND THE DAY OF THE COMMUNITY FESTIVAL. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Approve Fire Chief Job Description e The City Administrator presented the Council with a revised job description for the position of Fire Chief/Fire Marshal. He indicated that the revision includes comments from the City Council, Fire Chief and members of the Fire Department. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JOB DESCRIPTION FOR FIRE CHIEF/FIRE MARSHAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Adequacy of Environmental Impact Statement on Mineral Excavation Steve Rohlf, Building and Zoning Administrator, indicated that the final comment period on the Environmental Impact Statement (EIS) for mineral excavation expires on June 20. He stated that the City has received no comments regarding the EIS. He further indicated that he has submitted a resolution for adoption by the Council stating the findings of fact regarding the EIS and declaring that it is adequate. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-66, A RESOLUTION REGARDING THE ENVIRONMENTAL REVIEW PROCESS FOR THE PROPOSED MINERAL EXCAVATION DISTRICT SETTING FORTH THE CITY COUNCIL'S FINDINGS OF FACT REGARDING THE ENVIRONMENTAL IMPACT STATEMENT AND DECLARING THAT THE ENVIRONMENTAL IMPACT STATEMENT IS ADEQUATE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Dick Peterson from Barton Sand and Gravel thanked Steve Rohlf and Peter Beck for their assistance in this process. Elk River City Council Minutes June 20, 1994 Page 3 e 5.6. Consider No Parkinq Siqns on Orono Road The City Administrator stated that the Police Chief is requesting that the Council consider posting No Parking signs along Orono Road on both sides of the street from Orono Parkway to Gary Street. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PLACEMENT OF NO PARKING SIGNS ALONG ORONO ROAD ON BOTH SIDES OF THE STREET FROM ORONO PARKWAY TO GARY STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mineral Excavation Jim Goodin of UP A indicated that he had some comments on the Environmental Impact Statement for mineral excavation (previously discussed agenda item 5.5.). Mr. Goodin commented on the high cost to relocate the radio towers within the mining district if the land they are situated on were to be mined. He requested the City Council to consider these costs when considering gravel mining conditional use permits. Steve Rohlf indicated that Mr. Goodin's comments would be included in the resolution under Attachment A. e 6. 1993 PlanninQ Annual Reoort Qiven by Steve Ach Steve Ach presented the 1993 Annual Planning Report. He reviewed the distinction that has been made between the Planning and Building/Zoning departments. He reviewed the functions and responsibilities of the Planning department and gave an overall review of the planning items that took place in 1993. Mayor Duitsman requested that the expansion of the UPA plant be added to the report. Council member Holmgren indicated that he would like to see an attendance record for the Park and Recreation Board established similar to the one presented in the Planning Department Annual Report. The Council thanked Steve Ach for the presentation of the Annual Report. 8.4. Consider TIF Reimbursement Request from The Chuba Comoany, Main Street and Freeoort A venue Proiect The City Administrator stated that Mr. Dennis Chuba of The Chuba Company has requested a Tax Increment Financing reimbursement in the amount of $25,838.18 for eligible expenses incurred at the Main Street and Freeport A venue office/townhouse project. The City will receive reimbursement from the HRA for its commitment to this project. e COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE A TAX INCREMENT FINANCING REIMBURSEMENT PAYMENT TO THE CHUBA COMPANY IN THE AMOUNT OF $25,838.18. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes June 20,1994 Page 4 e The Council recessed at 6:53 p.m. and reconvened at 7:00 p.m. 7. Open Mike Jerry Jackson indicated he was a resident of Elk River and lived adjacent to 221 st Avenue. Mr. Jackson questioned why the Council has decided not to upgrade 221st Avenue. He indicated the unsafe condition of the road, especially due to the number of garbage and gravel trucks that use the road. The City Administrator indicated that the cost to upgrade 221st is expected to exceed $100,000. He indicated that the Council requested that the road not be upgraded at this time due to lack of adequate funds in the Street Reserve to cover the expenses. Mr. Jackson questioned whether MSA Funds could be used to upgrade the road., Mayor Duitsman stated that he would be opposed to using MSA Funds as 221 sf is not considered an arterial road in the City. He further indicated that he would be willing to request the Street Superintendent to bring another proposal back to the Council. It was the consensus of the Council that this issue be brought back to the Council at a later date. e 8.1. Consider a recommendation from the Elk River EDA to revise the City's Conflict of Interest Ordinance The City Administrator indicated that the EDA has recommended that the Council consider revising the section of the City's Conflict of Interest ordinance relating to members of Boards and Commissions having a financial interest in issues or projects which are considered by the City's Boards and Commissions. Peter Peck, City Attorney, indicated that it is not the City's intent to have the Conflict of Interest ordinance limit the expertise that could be provided on the City's Boards and Commissions. He stated that the City's ordinance is modeled after Sherburne County's ordinance and is more restrictive than state law. Following discussion of the Conflict of Interest ordinance, it was the consensus of the Council that the ordinance be amended to echo Minnesota state law in regard to conflict of interest. Discussion was held regarding the timing of amending the Conflict of Interest ordinance. Mayor Duitsman stated that the EDA President, Mr. Gongoll, will be presenting information at the City's Planning Commission meeting on June 22 which would, in effect, violate the City's Conflict of Interest ordinance. The Council discussed repealing the section of the City's ordinance affecting the EDA President until an amendment of the entire Conflict of Interest ordinance could be presented to the City Council. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-08, AN ORDINANCE RELATING TO SECTION 218.08(9)(0)(9) OF THE CITY CODE OF ORDINANCES PERTAINING TO CONFLICT OF INTEREST. COUNCILMEMBER FARBER Elk River City Council Minutes June 20, 1994 Page 5 e SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE REVISIONS TO THE CONFLICT OF INTEREST ORDINANCE SO THAT THE CITY OF ELK RIVER'S CONFLICT OF INTEREST ORDINANCE CONFORMS WITH STATE LAW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. Public Hearinq: Consider Modifications to Tax Increment Financina Plans No. and NO.3 - Library Expansion Proiect The City Administrator informed the Council that a public hearing was necessary to consider modifications to TIF Plans No. 1 and NO.3. He indicated that the modification will amend the Plans to authorize additional tax increment expenditures in an amount of $177,000 to underwrite a portion of the library expansion. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE MODIFICATION TO TAX INCREMENT FINANCING PLANS NO. 1 AND NO.3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.3. Resolution Initiatina the Process for the Sale of the City's $255,000 General Obliaation Tax Increment Bonds, Series 1994D The City Administrator indicated that the Finance Director is requesting Council approval of a resolution which would initiate the process for the sale of the City's General Obligation Tax Increment Bond for financing of the library expansion. He indicated that the bond issue is for $255,000 which includes a 20% debt service pledge in the amount of $51,000. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-66, A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $255,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1994D. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.3. Conditional Use Permit Reauest by Guardian Anaels Care Center/P.H./Case No. CU 94-20 Gary Schmitz, Planning Assistant, indicated that the Guardian Angels have requested a conditional use permit for a 22,704 square foot addition to the existing care center. e Gary Schmitz reviewed the landscaping requirements. He indicated that the landscape plan shows a total of 89 existing trees on the parcel, with an additional 15 trees being proposed with the expansion, for a total of 104 trees. Gary Schmitz indicated that the Planning Commission and staff have requested increased landscaping along the west property line of the proposed Darkenwald Family Partnership commercial project to screen the commercial area from Guardian Angels. He indicated that the Darkenwald Family Partnership commercial project Elk River City Council Minutes June 20, 1994 Page 6 e will also be required to screen along the property line. He indicated that this double screening will provide the Guardian Angels Care Center with the greatest amount of buffer possible. Gary Schmitz informed the Council that Fire Chief Russ Anderson has determined that because the proposed structure is sprinkled, it would not be necessary to provide an emergency access rood completely around the building. Gory Schmitz indicated that stoff is not in agreement with this assessment and feels that on emergency rood is necessary. Gory Schmitz further indicated that staff is proposing that the road be paved with a bituminous surface and be a minimum of 20 feet wide. Mayor Duitsman opened the public hearing. Bill Eckblad, Administrator of Guardian Angels, indicated that the Guardian Angels staff discussed the issue of an emergency access. He indicated that the Guardian Angels staff concurred with the Fire Chief and did not feel that an emergency access completely around the building was necessary. He further stated that Guardian Angels did not wish to incur the additional funds required to provide a bituminous surface on such a road. He indicated that Class 5 was approved for the road by the Board of Directors and suggested by the Architect, and both felt it was more than adequate. e Mayor Duitsman questioned the amount of use on the road. Mr. Eckblad indicated that the road is used about once a day. Gary Schmitz indicated that the main reason for requesting a bituminous rood is to be consistent with other conditional use permits which have been required to pave surfaces in similar situations. Mr. Eckblad indicated that the Guardian Angels did not concur with the City's recommendation of requiring a tree buffer. He stated that he felt the tree buffer was premature as the commercial development has not been approved by the Planning Commission at this time. He indicated that Guardian Angels does not wish to provide a buffer along the property line, nor do the Guardian Angels wish to incur expenses which they feel should be incurred by the commercial development. Planning Commission Representative Jim T acheny indicated that the Planning Commission felt that the Guardian Angels and the commercial development should work together to eliminate any visual or noise problems. Mike Trossen, Architect, indicated that he met with the Fire Chief regarding the emergency access road. He indicated he did not feel it was necessary for an emergency access road to go completely around the building as the building is sprinkled. He further stated that he does not feel it is necessary for Guardian Angels to provide a buffer from the commercial property, but suggested that the Guardian Angels relocate other trees which are on the site for better utilization of a buffer. e Mayor Duitsman indicated he felt that the buffer was necessary, however, he suggested that the Guardian Angels work with the City Planner in relocating Elk River City Council Minutes June 20, 1994 Page 7 e fifteen trees from their original plan. Mayor Duitsman further indicated he did not feel it was necessary to pave the gravel road. Councilmember Holmgren stated that he was in favor of requiring the Guardian Angels to pave the road so as to conform with the City's policy. Councilmember Scheel stated that she felt the road did not need to be paved. Councilmember Farber indicated that he felt the road should be hardsurfaced. Steve Ach suggested that as a compromise, the Council may consider requiring the Guardian Angels to hardsurface the road within a certain amount of time and allow them to leave it as a gravel road at the present time. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY GUARDIAN ANGELS CARE CENTER TO CONSTRUCT A 22,704 SQUARE FOOT ADDITION TO THE EXISTING CARE CENTER WITH THE FOLLOWING CONDITIONS: 1. A $600 STORM WATER IMPACT FEE BE PAID TO THE CITY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 2. AFTER CONSTRUCTION, ANY DISTURBED AREAS MUST BE SODDED OR SEEDED AS NECESSARY TO PREVENT EROSION. e 3. THE DETAILS OF TERRY MAURER'S MEMO DATED MAY 16, 1994, BE INCORPORATED INTO THE SITE PLAN. 4. THE ACCESS AROUND THE EAST SIDE OF THE PROPOSED ADDITION BE PAVED WITH A BITUMINOUS SURFACE A MINIMUM OF TWENTY (20) FEET WIDE WITHIN 18 MONTHS FOLLOWING ISSUANCE OF A BUILDING PERMIT. 5. THE EMERGENCY ACCESS MUST BE MAINTAINED AND KEPT CLEAR THROUGHOUT THE YEAR. 6. GUARDIAN ANGELS PROVIDE A LANDSCAPE PLAN THAT COMPLIMENTS THE PLANS FOR THE COMMERCIAL DEVELOPMENT LANDSCAPE PLAN TO PROVIDE A BUFFER ZONE BETWEEN THE TWO LAND USES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.4. Consider a Conditional Use Permit Request by Todd Anderson/P.H./ Case No. Cu 94-21 City Planner Steve Ach stated that Todd Anderson has requested a conditional use permit to construct a mini-storage facility for storage of Boy Scout equipment at the location of Lot 4, Block 1, Ridgewood East 2nd Addition. He stated that the Boy Scouts are proposing to construct a 30' by 60' building to store various equipment used by local troops. He indicated that the Planning Commission unanimously recommended approval of the conditional use permit request. e Mayor Duitsman opened the public hearing. Elk River City Council Minutes June 20, 1994 e 1. 2. e 3. 4. 5. 6. Page 8 Roger Kostreba questioned whether the City of Elk River would sign the conditional use permit application. There being no further comments, Mayor Duitsman closed the public hearing. It was the consensus of the Council that the Mayor would sign the conditional use permit application. Council member Dietz indicated that there was considerable discussion at the Planning Commission level regarding the Council giving the Boy Scouts preferential treatment regarding this issue. He stated that no preferential treatment was given as the Boy Scouts completed the entire planning process to be approved for the project. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY TODD ANDERSON TO CONSTRUCT A MINI-STORAGE FACILITY FOR THE BOY SCOUTS OF ELK RIVER WITH THE FOLLOWING CONDITIONS: A SITE, LANDSCAPING AND GRADING PLAN BE FINALIZED AND APPROVED BY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. EROSION CONTROL BE UTILIZED DURING CONSTRUCTION OF THE BUILDING AND RECONFIGURATlON OF THE STORM POND. STORM POND BE DESIGNED TO PROVIDE ADEQUATE CAPACITY TO HANDLE STORM DRAINAGE NEEDS FOR THIS AREA. PLANS SHOULD BE REVIEWED AND APPROVED BY THE CITY ENGINEER. ALL PARKING AND DRIVEWAY AREAS BE IMPROVED WITH BITUMINOUS SURFACE. AN AUTHORIZED REPRESENTATIVE OF THE CITY OF ELK RIVER SIGN THE CONDITIONAL USE PERMIT APPLICATION AS THE PROPERTY OWNER. THE LEASE AGREEMENT BE STRUCTURED PROVIDING USE OF THE BUILDING BE LIMITED TO THE BOY SCOUTS OF ELK RIVER AND THAT THERE BE NO OTHER SUBLEASING OR COMMERCIAL ACTIVITY ASSOCIATED WITH THE MINI STORAGE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.5. Consider an Administrative Subdivision Request by Timothy Scheel/P.H./Case No. AS 94-09 Councilmember Scheel stepped down from the dais and took a seat in the audience for this issue. Planning Intern Troy Langer stated that Timothy Scheel is requesting an administrative subdivision to provide a 40 acre parcel into three lots. He indicated that the original request was to divide the property into two lots, however, Mr. Scheel has proposed some revisions to the administrative subdivision. Troy Langer indicated that the new proposal subdivides the property e Elk River City Council Minutes June 20, 1994 Page 9 e into three lots with Lot 1 approximately 11 acres; Lot 3 approximately 10 acres; and Lot 2 with the remaining acreage. He indicated that the new proposal meets the 10 acre minimum requirement and the 300 front footage minimum requirement. Troy Langer explained that there are housing units located on all three parcels of property with one of the units being a mobile home. Mr. Langer also indicated that the City is requesting $900 in park dedication fees. He also indicated that the City is requesting that the public road access and street right-of-way extend to the northerly boundary of the property to allow for future access in anticipation of a future subdivision. Mayor Duitsman opened the public hearing. Timothy Scheel stated that the revisions were made on short notice because he was notified of the requirements for the subdivision onlyo few days ago and is just now completing the process. . Cecilia Scheel explained the confusion in the process which relates to the existing road on the property. There being no further comments from the public, Mayor Duitsman closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY TIMOTHY SCHEEL TO DIVIDE APPROXIMATELY 40 ACRES INTO THREE PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE PUBLIC ROAD ACCESS AND STREET RIGHT OF WAY EXTEND TO THE NORTHERLY BOUNDARY OF THE PROPERTY TO ALLOW FOR FUTURE ACCESS OF PROPERTY IN ANTICIPATION OF FUTURE SUBDIVISION. 2. PROPERTY EASEMENT DOCUMENTS MUST BE PROVIDED TO THE CITY PRIOR TO RECORDING THIS SUBDIVISION. 3. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $900 BE PAID TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 4. AN EXCEPTION TO THE SUBDIVISION REGULATIONS FOR THE ADMINISTRATIVE SUBDIVISION BE COMPLETED PRIOR TO RECORDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mrs. Scheel indicated that she was hoping that some of the park dedication fees could be forgiven due to the deeded easement to the City and the existing homes on each new lot. e Councilmember Farber suggested that the park dedication fees be waived as the applicants are not putting up any new structures on the newly created parcels. Elk River City Council Minutes June 20, 1994 Page 10 e COUNCILMEMBER DIETZ AMENDED THE MOTION TO DELETE ITEM #3 REGARDING THE PARK DEDICATION FEES BECAUSE THERE ARE NO ADDITIONAL BUILDINGS PROPOSED ON THE NEWLY CREATED PARCELS. COUNCILMEMBER HOLMGREN SECONDED THE AMENDMENT. THE AMENDMENT PASSED 4-0. THE MOTION AS AMENDED PASSED 4-0. 9.6. Consider an Administrative Subdivision reauest by Gerald Sneft/P.H./Case No. AS 94-10 Planning Assistant Gary Schmitz indicated that Gerald Sneft is requesting an administrative subdivision to divide a 39 acre parcel into a 10.4 acre parcel and a 28.67 acre parcel located at the intersection of County Road 21 and Jarvis Street. 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 ADMINISTRATIVE SUBDIVISION REQUESTED BY GERALD SNEFT TO DIVIDE 39 ACRES INTO A 10.4 ACRE PARCEL AND A 28.67 ACRE PARCEL WITH THE FOLLOWING CONDITION: THAT PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $450 BE PAID TO THE CITY PRIOR TO RECORDING. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.7. Consider a Conditional Use Permit Reauest and an associated Variance Reauest by Richard Lundbera/P .H./Case No. CU 94-14 and V 94-05 Planning Assistant Gary Schmitz indicated that Mr. Richard Lundberg is requesting a variance to exceed the maximum size of an accessory building and a conditional use permit to encroach on the 300 foot setback for an accessory building containing livestock. Gary Schmitz indicated that the Planning Commission concurred with staff's findings on the variance that hardship could not be shown and, therefore, recommended denial. He further indicated that the Planning Commission recommended approval of the conditional use permit. Mayor Duitsman opened the publiC hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR RICHARD LUNDBERG TO ENCROACH ON THE 300 FOOT SETBACK FOR AN AGRICULTURAL ACCESSORY BUILDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO DENY THE VARIANCE REQUEST TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE IN THE R-1A ZONING DISTRICT DUE TO THE FOLLOWING FINDINGS: e 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD STILL HAVE THE ABILITY TO CONSTRUCT A 1,424 SQUARE FOOT DETACHED ACCESSORY BUILDING FOR HIS HORSES. Elk River City Council Minutes June 20, 1994 Page 11 e 2. THE OTHER PROPERTY OWNERS IN THE AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF THE RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE VARIANCE WOULD NOT BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.8. Conditional Use Permit reauest bv st. Andrew's Church/P .H./Case No. CU 94-16 City Planner Steve Ach stated that St. Andrew's Church has requested a conditional use permit to construct a 60' by 60' addition to be used as permanent classroom space at 428 Irving Avenue. The new structure will replace the temporary buildings that have been an issue with the City throughout the past two years. Steve Ach indicated that the Planning Commission unanimously recommended approval of the conditional use permit. e 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 CONDITIONAL USE PERMIT FOR ST. ANDREW'S CHURCH TO CONSTRUCT A 3,600 SQUARE FOOT ADDITION FOR FOUR CLASSROOMS WITH THE FOLLOWING CONDITIONS: 1. BUILDING MATERIALS BE COMPATIBLE WITH THE EXISTING SCHOOL BUILDING IMMEDIATELY TO THE WEST. 2. A TWENTY (20) FOOT FIRE LANE ON THE NORTH SIDE OF THE BUILDING BE MAINTAINED AND OPERATIONAL. THEREFORE, IF THE NEW ADDITION ENCROACHES INTO THIS FIRE LANE, THE FIRE LANE WILL HAVE TO BE IMPROVED TO SATISFY EMERGENCY ACCESS TO THE SITE. 3. FUTURE ADDITIONS TO ANY OF THE BUILDINGS ON THE ST. ANDREW'S CHURCH SITE WILL INCLUDE REVIEW OF THE SITE IN RELATION TO THE CITY'S ZONING ORDINANCE REQUIREMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.9. Conditional Use Permit Request bv Independent School District 728/P.H./ Case No. CU 94-18 e Planning Assistant Gary Schmitz stated that ISD 728 has requested a conditional use permit to construct two 24' by 36' classrooms to Vandenberge Junior High School. Gary Schmitz indicated that the classrooms are a temporary solution until permanent facilities can be constructed. He further stated that each classroom will be required to meet state building and fire codes. The classrooms will be Elk River City Council Minutes June 20, 1994 Page 12 e located on the north side of the school. Gary Schmitz stated that the Planning Commission recommended approval of the conditional use permit. Mayor Duitsman opened the public hearing. Ron Bradley introduced himself as the Director of Finance for ISD 728. Council member Scheel stated that she would like to be sure that the classrooms do not become permanent. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT TWO 24' BY 36' TEMPORARY CLASSROOMS TO VANDENBERGE JUNIOR HIGH SCHOOL WITH THE FOLLOWING CONDITIONS: 1. EACH CLASSROOM WILL BE REQUIRED TO MEET STATE AND LOCAL BUILDING CODE PRIOR TO THE CLASSROOMS BEING USED FOR EDUCATIONAL PURPOSES. 2. A TWO YEAR TIME LIMIT BE PLACED ON THE WOOD EXTERIOR OF THE CLASSROOM. IF THE CLASSROOMS ARE STILL BEING USED AFTER TWO YEARS, THE SCHOOL DISTRICT WILL BE REQUIRED TO HAVE THE USE REVIEWED. e 3. THE CLASSROOMS BE PAINTED TO BE COMPATIBLE WITH THE EXISTING BUILDING. 4. IF THE CLASSROOMS CROSS THE SIDEWALK, AN ADDITIONAL HARDSURFACED EMERGENCY ACCESS MUST BE PROVIDED AND MAINTAINED NORTH OF THE PROPOSED CLASSROOMS. 5. SUPPORTING DOCUMENTATION (I.E. SITE PLAN, BUILDING ELEVATIONS, ETC.) BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.10. Conditional Use Permit request by T.J. Properties/P.H./Case No. CU 94-17 Steve Ach indicated that T.J. Properties has requested a conditional use permit for a zero lot line development on the southwest corner of Main Street and Freeport Avenue. He indicated that T.J. Properties is proposing to construct a two story office building with a total of 5,048 square feet. The parking and drive area would cross over a property line onto the adjacent property. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY T.J. PROPERTIES FOR A ZERO LOT LINE DEVELOPMENT WITH THE FOLLOWING CONDITIONS: Elk River City Council Minutes June 20, 1994 Page 13 e 1. All PARKING AREAS BE IMPROVED WITH A BITUMINOUS SURFACE AND B612 CONCRETE CURB AND GUTTER. 2. A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS SHRUBS AND EVERGREEN TREES BE PROVIDED ALONG THE SOUTH PROPERTY LINE BETWEEN THE PROPOSED PARKING AREA AND RESIDENTIAL DISTRICT. 3. THE HOUSE ON LOT 3 BE REMOVED FROM THE PROPERTY WITHIN THREE (3) YEARS FROM THE DATE OF CITY COUNCIL ACTION. 4. PAYMENT OF A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT. 5. A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT BE PROVIDED AROUND THE PERIMETER OF THE PROPERTY. 6. All ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED MAY 13, 1994, BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business e The City Administrator informed the Council that the area located at Main street and Evans Avenue flooded during the rain on Friday afternoon. He informed the Council that the street Superintendent will be working with the City Engineer on other options to reduce the effects of this type of flooding. The City Administrator informed the Council that the City recently received authorization from the City Council to advertise for a Wastewater Treatment Plant employee. He stated that the Wastewater Treatment Plant Superintendent has requested authorization to rehire an intern which the City used last year. He stated that the intern would be hired only for the summer months. It was the consensus of the Council to authorize the Wastewater Treatment Plant Superintendent to hire the intern to work during the summer months. 12. Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5~0. The meeting of the Elk River City Council was adjourned at 8:45 p.m. Respectfully submitted, ~~--~ Sandra Thackeray City Clerk e