Loading...
07-05-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 5, 1994 Members Present: Mayor Duitsman, Council members Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandy Thackeray, City Clerk; Steven Ach, City Planner; Peter Beck, City Attorney; Terry Maurer, City Engineer; and Tom Zerwas, Police Chief Also Present: Louise Kuester, Planning Commission Representative 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 7:00 p.m. by Mayor Duitsman. 2. Consider Aqenda e Item 6.6 - update on School Street construction - Added to the agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 7/5/94 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda 5.6. Request for circus at Lion's park - Councilmember Scheel indicated she would like to discuss this item prior to approving the consent agenda. Councilmember Scheel stated that she had a problem with other charitable organizations in Elk River not being required to spend 75% of their proceeds in the Elk River trade area. She indicated that this request from the Rotary should be dealt with in the same manner as pull tabs. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.1. 6/13/94 SPECIAL CITY COUNCIL MEETING MINUTES - APPROVED 5.2. RESOLUTION 94-73 RelATING TO PARKING RESTRICTIONS ON S.A.P. 204-104- 04 MTB FROM TRUNK HIGHWAY NO. 169 TO SCHOOL STREET IN THE CITY OF ELK RIVER, MN - APPROVED e City Council Minutes July 5, 1994 Page 3 e Mayor Duitsman opened the public hearing. Carl Carlson explained that the Super Target is a different concept than a Target Greatland. Concerns were expressed by a neighboring resident who lives on 191st Avenue regarding the traffic and the ability to access 191 st A venue. There being no further comments, Mayor Duitsman closed the pUblic hearing. Council member Scheel expressed her concern regarding the store being closer to the schools and the extra traffic that will be generated. COUNCILMEMBER DIETZ MOVED TO AMEND THE DEVELOPMENT PLAN FOR ELK PARK CENTER'S COMMERCIAL PLANNED UNIT DEVELOPMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO GRANT A CONDITIONAL USE PERMIT TO AMEND THE SITE PLAN APPROVAL FOR PHASE I OF ELK PARK CENTER COMMERCIAL PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. THE SOUTHERNMOST ENTRANCE OFF OF FREEPORT AVENUE BE READJUSTED TO PROVIDE CONVENIENT INGRESS AND EGRESS TO THE COMMERCIAL PROJECT. e 2. THE DETAILS OF REVISIONS THAT NEED TO TAKE PLACE BE INCLUDED IN THE FINAL SET OF PLANS FOR APPROVAL OF PHASE I. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Consider a Conditional Use Permit requested bv Darkenwald Familv Partnershio, public hearinq, CU-94-11 Steve Ach, City Planner, stated that a request has been made for a conditional use permit to construct a 19,900 square foot automobile repair facility plus multiple buildings on one parcel. The parcel in consideration is located 700 feet north of Main Street (across from Pizza Hut). The zoning for the property is Highway Commercial (C-3). Steve Ach indicated that one concern of the Planning Commission pertained to the additional traffic on Carson Street and the impact it may have at the intersection of Carson and Main Street. Steve Ach also indicated that the developer has presented a revised site plan in response to comments received by the Planning Commission at the two public hearings that were held. The revised site plan includes the following changes: e . Eliminating the Little Caesar's Pizza (1200 square feet) . Relocating parking from the south side of Mr. Movie's building to the north side . Shifting the parking area on the north end of Tires Plus further north and adding five additional stalls . Eliminating the proposed right in/right out onto Highway 169 City Council Minutes July 5, 1994 Page 2 ------------------------------------ e 5.3. ELK PARK CENTER TRUNK SEWER AND WATER IMPROVEMENT CHANGE ORDER NO. 1 FOR ARCON CONSTRUCTION CONTRACT IN THE AMOUNT OF $13,368.75 - APPROVED 5.4. WAGE INCREASE FOR CHRIS LEESEBURG, STREET DEPARTMENT EMPLOYEE, FROM $6.00jHR TO $7:25jHR. - APPROVED WAGE INCREASE FOR DAVID RANSTROM, STREET DEPARTMENT EMPLOYEE, FROM $5.00jHR TO $6:00jHR - APPROVED 5.5. PURCHASE OF ALUMINUM ROLL-IN BOAT DOCK AT LAKE ORONO BOAT LAUNCH - APPROVED 5.6. USE OF LION'S PARK FOR CIRCUS ON JULY 25 AND 26 BY ROTARY CLUB- APPROVED 5.7. TEMPORARY ON.SALE 3.2% BEER LICENSE REQUESTED BY ELK RIVER LIONS FOR SHERBURNE COUNTY FAIR ON JULY 2a, 22, 23, AND 24 - APPROVED COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Update on Fourth of July Celebration - Police Chief Tom Zerwas Chief Zerwas updated the Council on the 4th of July activities at Orono Park. 6.1. Consider an Amendment to the Development Plan and Conditional Use Permit for Site Plan Approval by Kraus Anderson. Public Hearinq, Case No. CU 94-24 e City Planner Steve Ach indicated that the requests for amendments to the development plan and site plan for Phase I of Elk Park Center are a result of Target's plan to construct a "Super Target" which includes 40,000 square feet of grocery store and about 120,000 square feet of merchandising. Steve Ach reviewed the proposed changes which included the following: · Relocating the entrance drive off of Jackson Road further north approximately 500 feet. This new entrance would become more centralized to the development and provide a more even distribution for vehicle access to the project. · The elimination of the retail stores on the south end of the project to be replaced with additional parking to serve the Super Target. · The landscaped area along the south end of the project has been reduced approximately 10-15 feet to allow for the additional parking to serve the Super Target. · Square footage of the balance of the project beyond the Super Target store has been adjusted creating a mid-sized anchor at the north end of the facility. e Steve Ach indicated that the Planning Commission unanimously recommended approval of the request. City Council Minutes July 5, 1994 Page 4 e · Adding a conceptual drawing of a right hand turn lane at Carson Street and Main Street · Adjusting the Burger Time parking lot accordingly as a result of the improvements to Carson Street Steve Ach indicated staff's concern with the number of parking stalls for the proposal. He stated that the proposal meets the City's requirement of 60 stalls, however, after surveying other cities, it was found that the average requirement of those cities surveyed was 92 stalls for a proposal of this size. Steve Ach suggested that staff review the City's ordinance pertaining to parking requirements. Steve Ach indicated that another staff concern related to the overhead doors on the auto mall building which would face the residential area. The doors would be facing the Guardian Angels. He indicated that in order to alleviate the concerns expressed by the residents of Guardian Angels regarding noise and odor, the Planning Commission recommended that JR Tech keep the overhead doors closed during business hours. Steve Ach indicated that the Planning Commission recommended approval with several stipulations. e Mayor Duitsman and Council member Dietz expressed concern regarding the size of trees that will be required for screening to the west of the site. Steve Ach indicated that the City Code requires 6 foot trees, however, the Council has the discretion to increase the size. Mayor Duitsman expressed a concern regarding the increase in traffic and how it will affect the SuperAmerica traffic. Mayor Duitsman opened the public hearing. Sherri Emerson: 52J5 Parson Ave., Rogers, MN, (representative of Guardian Angels), expressed her concern regarding traffic. She stated that the proposal is for a high-volume business next to a home housing 300 senior citizens. She stated that the seniors should have a right to a peaceful environment. She indicated that the proposed business is not conducive to peacefulness and that Guardian Angels is opposed to the project. John Weicht, J3330 lslandview Drive, Elk River, MN (representative of Darkenwald), discussed the hours of business. Mr. Weicht requested that the Council consider allowing additional hours so the auto mall may be able to change oil and be competitive with other businesses who offer this service. John Weicht indicated that the movie rental and auto mall are a good mix as their peak hours of operation are at different times. Mr. Weicht indicated that the business could not operate if the Council requires the overhead doors to be eliminated. Mr. Weicht indicated he did not feel the noise generated from the business would be a problem. e Bill Eckblad, (Administrator of Guardian Angels Care Center), indicated that the resident Council at Guardian Angels is opposed to the project. He indicated the plot of land is too small for the development. Mr. Eckblad requested the City City Council Minutes July 5, 1994 Page 5 e Council to ensure that the development is less dense if approved. He further requested that the Council consider a development for the area that would be more conducive to seniors. Carol Mills, 11040 245th Avenue, Zimmerman (representative of Guardian Angels), stated that the intersection at Main Street and Highway 169 is already congested. She indicated her concern regarding the excess traffic that will be generated by the proposed business. She further indicated that she felt the traffic problem is more than an internal problem. Councilmember Holmgren indicated that there will soon be further development South of Main Street. He indicated that the cost for redesigning the intersection should not fall on future development, but that the cost should be shared by the proposed development. The City A ttorney indicated that the cost to improve the intersection can be assessed to benefited property owners. Eleanor Todahl, 280 Evans, Apt. 402, Elk River, MN, indicated she moved to Angel Ridge apartments because it was a quiet residential area. She indicated that she is opposed to the auto mall due to the noise and pollution that will be generated by the auto mall. She further indicated that the nursing home residents will not be able to open the windows due to the noise and pollution. Ms. Todahl indicated that she has received several letters of opposition to the project which she read to the Council. The letters received were entered into the minutes: e * Hazel Lindblom - Angel Ridge Apt. #412 * Pearl Sonnabend #204 * Harold Lavine #207 * Rose Anderson #406 Two other unsigned letters were also entered into the minutes. Cecelia Lewis, 280 Evans Ave, Apt #205, read a letter of opposition written by herself. The letter was signed by 10 other residents and entered into the record. Steve Ach, City Planner, distributed a letter and petition addressed to the Council from Guardian Angels. The letter and petition indicated opposition to the proposal. There being no further business, Mayor Duitsman closed the public hearing. e . Councilmember Holmgren questioned staff's recommendation of eliminating one of the tenants. Steve Ach indicated that staff feels this is necessary due to the density of the proposal. Councilmember Holmgren indicated that although the property is zoned for commercial use, the proposal is too intense of a use for the size of parcel. He further indicated that many of staff's concerns have not been addressed and, therefore, he would not vote for approval of the request. He indicated his concern regarding youth being attracted to the area and suggested fencing to the front and back of the building to secure the area. Council member Holmgren indicated that the auto business will generate noise and when it is warm the doors will be left open. He indicated that he would like to see the building air conditioned so the doors can remain closed. City Council Minutes July 5, 1994 Page 6 e Council member Scheel stated she did not feel an auto mall should be built next to a nursing home. She indicated she is opposed to the location. Mayor Duitsman indicated he supported not having the doors facing west and also requesting a greater degree of landscaping to the west. He indicated he would support the City Attorney drawing up a resolution of denial for the council to consider. Councilmember Dietz stated he could support the conditional use permit with the provisions that are stated in the staff memo dated July 5, 1994. He further indicated he would like to see a greater emphasis on landscaping to ensure sufficient screening from noise to the west of the site. He further indicated that he was in favor of no doors being allowed on the west end of the building and to reduce the density of the development by eliminating a tenant. Council member Farber indicated he was not opposed to the project however he would not support the request due to the density of the proposal in relation to traffic. e COUNCILMEMBER SCHEEL MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION OF DENIAL FOR THE CONDITIONAL USE PERMIT REQUEST BY DARKENWALD FAMILY PARTNERSHIP, STATING THE FINDINGS OF FACT AS PRESENTED BY STAFF AND SET FORTH BY THE CITY COUNCIL; AND THAT THE RESOLUTION BE CONSIDERED BY THE CITY COUNCIL ON AUGUST 15, 1994, AT A REGULAR CITY COUNCIL MEETING; AND THAT THE DEVELOPER BE ALLOWED TO SUBMIT REVISED PLANS TO THE CITY PLANNER BY JULY 28, 1994, TO ADDRESS COUNCIL CONCERNS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 8:40 p.m. and reconvened at 8:50 p.m. 6.3. Consider a Land Use Amendment and Zone Chance for Hillside Commercial PUD bv Phoenix enterprises, Public Hearinc, LUA 94-04 and ZC 94-05 City Planner Steve Ach indicated that Riverside Development is requesting a comprehensive land use plan amendment changing approximately one acre of property from "medium density residential" to "highway business." He indicated that the Riverside Development is also requesting a rezoning of approximately one acre of property from R 1 e to PUD. The proposals are for property located at the northeast corner of Highway 169 and 193rd Avenue. Steve Ach indicated that the Planning Commission unanimously recommended approval of the request to amend the comprehensive land use plan and for the rezoning. Mayor Duitsman opened the public hearing. There being no public comment Mayor Duitsman closed the public hearing. e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-74, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MEDIUM DENSITY RESIDENTIAL TO HIGHWAY BUSINESS, CASE NO. LUA 94-04. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER HOLMGREN ABSTAINED. City Council Minutes July 5, 1994 Page 7 e COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 94-09, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM Rl E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT). CASE NO. ZC 94-05. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER HOLMGREN ABSTAINED. Council member Holmgren indicated he abstained due to a potential conflict of interest relating from a family member having a personal interest in the issue. 6.4. Consider a Preliminary Plat and Conditional Use Permit for Hillside Crossinq bv Phoenix enterprises, Public Hearinq, Case No. P 94-07 and CU 94-19 City Planner Steve Ach indicated that Riverside Development is requesting a preliminary plat to subdivide four commercial lots and one outlot. He further indicated that the developers are requesting a conditional use permit for development plan and site plan approval to develop a fourteen acre commercial PUD known as Hillside Crossing. The proposed development will be located at the northeast corner of 193rd Street and U.S. Highway 169. e The City Planner indicated that Phase I of the proposed project consists of constructing a 65.400 square foot grocery store on the northerly most lot. He indicated that staff has reviewed the first phase. however revised plans have been submitted by Riverside Development following staff review. Steve Ach indicated that staff is recommending approval of the preliminary plat and conditional use permit with 15 conditions. Steve Ach recommended that another condition be added to the conditional use permit as follows: "That the number of semi-trucks not exceed the number of loading berths." The City Council concurred with the added condition. Mayor Duitsman opened the public hearing. Jeff Gongoll. employee and representative of Riverside Development. indicated that the future of the remaining sites will occur when tenants are secured. Mr. Gongoll indicated that a restaurant will be included in the grocery store proposal. He stated that the restaurant will have outdoor seating. Jeff Gongoll reviewed the plans for landscaping and also reviewed the building elevations. The City Administrator questioned the developer's plans regarding the ponding area on Outlot A. The City Administrator indicated that it is staff's recommendation that the entire area be fenced. Jeff Gongoll indicated that it is the intention of the developer to fence three sides of the pond and try to slope the fourth side. Jerry Hagen indicated that it is his intention to make the image of the building appealing. Louise Kuester, Planning Commission Representative, indicated that the Planning Commission has recommended that there be fencing on all four sides of the outlot. e The City Administrator informed Jerry Hagen that burning will not be allowed at the grocery store. City Council Minutes July 5, 1994 Page 8 e Further discussion was held regarding the fencing of the pond. It was the consensus of the Council that the pond be entirely fenced. Peter Beck. City A ttorney. recommended that the City require a dedicated easement to the pond so that the City can maintain the pond. Council member Holmgren questioned whether the grocery store would have an outside food stand. Jerry Hagen indicated that brats will be sold inside of the store. Discussion was held by the Council regarding the outdoor sales of food, Christmas trees and nursery items. The Council requested that staff review the issue of outdoor sales of food. Christmas trees and nursery items. Councilmember Dietz indicated that it was difficult to vote on this issue as neither staff or Council had been provided with an updated development plan until tonight's meeting. Steve Ach indicated that most issues have been discussed by both staff and the developer. He further stated that if the Council is comfortable with the project based on the information submitted, staff can work with the developers to finalize any outstanding issues. There being no further comments from the pubic, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY FOURTEEN ACRES INTO FOUR COMMERCIAL LOTS AND ONE OUTLOT WITH THE FOLLOWING CONDITIONS: - 1. INCORPORATE TERRY MAURER'S COMMENTS OUTLINED IN HIS MEMO DATED JUNE 15,1994. 2. EVANS AVENUE BE CONSTRUCTED TO THE NORTH LIMITS OF THE PLAT. 3. APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. 4. PAYMENT OF PARK DEDICATION BASED ON THE CITY'S COMMERCIAL RATE AT THE TIME OF FINAL PLAT. 5. A LETTER BE RECEIVED FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR UTILITY NEEDS. 6. A SIX (6) FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ON THE EAST SIDE OF EVANS STREET. 7. A LETTER BE SUBMITTED STATING THE STATUS OF POSSIBLE WETLAND AREAS ON SITE. THIS LETTER MUST BE SUBMITTED PRIOR TO FINAL PLAT. 8. DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 9. PAYMENT OF STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT. e City Council Minutes July 5, 1994 Page 9 e 10. PAYMENT OF $7,500 FOR DEVELOPERS FAIR SHARE IN THE SIGNAL AT 193RD AND HIGHWAY 169. 11. FIVE STREET LIGHTS BE INSTALLED ALONG EVANS AVENUE IN THE LOCATION APPROVED BY ELK RIVER MUNICIPAL UTILITIES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT PLAN AND SITE PLAN APPROVAL TO DEVELOP A COMMERCIAL PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. CONTINGENT UPON PLAT APPROVAL BY THE CITY COUNCIL. 2. A PLANNED UNIT DEVelOPMENT AGREEMENT BE PREPARED AND APPROVED PRIOR TO RelEASING THE FINAL PLAT. 3. A "DEVELOPMENT PLAN" OUTLINING THE OVERALL DEVELOPMENT BE APPROVED. THIS PLAN SHALL INCLUDE: e . SITE PLAN . LANDSCAPING PLAN . GRADING PLAN . SETBACK PLAN . COMPLETE SIGN PACKAGE . WRITTEN NARRATIVE OF PROJECT STANDARDS 4. APPROPRIATE PERMITS BE OBTAINED FROM MN DEPARTMENT OF TRANSPORTATION AUTHORIZING GRADING AND IMPROVEMENTS IN RIGHT OF WAY. 5. ALL DEVELOPMENT PLANS BE REVISED ACCORDING TO CONDITIONS AND APPROVED BY STAFF PRIOR TO OBTAINING A BUILDING PERMIT. 6. ALL COMMENTS MENTIONED IN THIS REPORT AND THE REPORT TO THE PLANNING COMMISSION DATED JUNE 21, 1994, BE INCORPORATED INTO THE REVISED PLANS AND BE MADE PART OF THIS APPROVAL. 7. THAT THE NUMBER OF SEMI-TRUCKS NOT EXCEED THE NUMBER OF LOADING BERTHS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Petition for Public Improvement and Resolution orderinq plans and specifications for Hillside Crossinq bv Phoenix Enterprises Terry Maurer, City Engineer, indicqted that the developer of Hillside Crossing has requested to petition for public improvements, including sanitary sewer, water, storm sewer, street, sidewalk and street lighting within the development. The petition is being prepared by the City Attorney. Terry Maurer requested the e Council to adopt a resolution ordering the preliminary feasibility report. e e e City Council Minutes July 5, 1994 Page 10 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-75, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE HILLSIDE CROSSING IMPROVEMENT OF 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. School Street construction Update Councilmember Holmgren indicated that numerous calls have been made to the police department regarding the dust on School Street from the construction. Terry Maurer indicated that he would direct the contractor to close the street except to local residents. Terry Maurer informed the Council that the contractor for the School Street project has run into some timing problems relating to relocating electric and gas lines. He indicated that the City has taken care of the relocation of the electric poles, however, the relocating of the gas lines must still be dealt with. Terry Maurer explained that this could hold the project up to the point that it will not be completed prior to the opening of the school year. The Council authorized Terry Maurer to contact the gas company and try to get the matter resolved. 7. Other Business Councilmember Dietz referred to an article in the Informational Memo, regarding assessments in the City of Woodbury. The article explained how Woodbury collects for a portion of the assessments through taxes. Councilmember Dietz requested staff to investigate this procedure during the budget process. 8. 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 City Council adjourned at 10:25 p.m. ;::f:i;;t~ Sandra A. Thackeray City Clerk