Loading...
05-16-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 16, 1994 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Phil Hals, Street/Park Superintendent; Gary Schmitz, Planning Assistant; Steve Ach, City Planner Also Present: Bob Minton, 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 6:00 p.m. by Mayor Duitsman. 2. Consider 5/16/94 City Council Agenda e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 5/16/94 CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda Council member Holmgren requested that the 4/21/94 City Council minutes reflect that he was absent due to his employment. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF THE CHECK REGISTER ITEM #8. e 4.1. 4/21/94 CITY COUNCIL MINUTES AS AMENDED - APPROVED. 4.2. 4/25/94 CITY COUNCIL/PARK & RECREATION COMMISSION MINUTES- APPROVED. 4.3. 4/28/94 BOARD OF REVIEW MINUTES - APPROVED. 4.4. 5/2/94 CITY COUNCIL MINUTES - APPROVED. 5.6. SPECIAL ASSESSMENT REAPPORTIONMENT PARCEL 75-130-1202 $1,831.75 AND PARCEL 75-130-1203 $610.59 - APPROVED. 5.11. RESOLUTION 94-51, A RESOLUTION REPEALING RESOLUTION 94-16 AND APPROVING PREMISE PERMIT FOR ELK RIVER YOUTH HOCKEY TO OPERATE CHARITABLE GAMBLING AT DICK'S RIVERFRONT BAR - APPROVED. 7.1. NORTH MEADOWS SECOND ADDITION PRELIMINARY PLAT - WITHDRAWN. 7.2. CONDITIONAL USE PERMIT TO CONSTRUCT AN AUTO MALL REQUESTED BY DARKENW ALD FAMILY PARTNERSHIP - TABLED UNTIL JUNE 20, 1994. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 16, 1994 Page 2 e 5.1. Miss Elk River Introduction This item was delayed until the arrival of Miss Elk River. 5.2. Consider Final Environmental Impact Statement on Gravel Minina Building and Zoning Administrator Steve Rohlf stated that the Environmental Impact Statement (EIS) for the Elk River Gravel Mining District was included in the Council packet for review. He noted that the final EIS includes a summary of comments from various parties, agencies, and the public. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE DISTRIBUTION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT OF THE ELK RIVER GRAVEL MINING DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Tours of NSP/RDF Facility, UPA, and Barton Sand & Gravel Steve Rohlf indicated that invitations have been extended to the City Council and Planning Commission to tour the facilities of NSP, UPA, and Barton Sand & Gravel. Steve Rohlf questioned the Council as to the preferred dates for these tours. e It was the consensus of the Council to plan on June 4 for the tour of the NSP and RDF Plants and July 23 for the tour of Barton Sand & Gravel. 5.4. Consider Hirina a Buildina Inspector MAYOR DUITSMAN MOVED TO TABLE THIS ITEM UNTIL MAY 23, 1994. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Quotes for Purchase of Four Wheel Drive Tractor Street Superintendent Phil Hals noted that the Park and Recreation Commission has recommended the expenditure of $15,000 from the Park Equipment Fund for the purchase of a 35 horsepower, four wheel drive tractor to be used for park construction, maintenance, and mowing. He further noted that he has received quotes for the purchase of a four wheel drive tractor. Phil Hals recommended the purchase of Scharber's John Deere Model 5200. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PURCHASE OF THE JOHN DEERE MODEL 5200 FOUR WHEEL DRIVE TRACTOR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Consider Resolution Authorizina Turnback Funds for Reconstruction of Jackson Avenue and School Street to Trunk Hiahway 169 e City Engineer Terry Maurer indicated that MnDOT Variance Committee has recommended to the Commissioner of Transportation that a variance be granted to the City of Elk River to authorize utilization of turn back funds for the reconstruction of Jackson Avenue from School Street to Trunk Highway 169. He Elk River City Council Minutes May 16, 1994 Page 3 e further indicated that a contingency on this variance requests that the City pass a resolution indemnifying, saving, and holding harmless, the State of Minnesota for any actions arising out of the reconstruction of Jackson A venue relative to this variance request. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-52, A RESOLUTION WHICH INDEMNIFIES, SAVES, AND HOLDS HARMLESS, THE STATE OF MINNESOTA RELATIVE TO THE VARIANCE TO MINNESOTA RULE 8820.2900 FOR THE JACKSON AVENUE IMPROVEMENT OF 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Council Update on March for Jesus Event The City Clerk informed the Council that Pastor Tom Stahl of Solid Rock Church in Elk River is planning a nondenominational March for Jesus parade on June 25. 5.9. Update by City Engineer TerN Maurer on County Roads 12113 Drainage Proiect e Terry Maurer updated the City Council on the drainage issues in regard to the Earl Hohlen property. He indicated that they are proceeding with the installation of a 72 inch diameter pipe under the highway intersections of Trunk Highway 10/101/169. He further indicated that they are proceeding with the installation of a 42 inch diameter pipe north of County Road 12 which will collect water from the area of County Road 13 and 5th Street and the Schultz/Deschenes property and convey it to County Ditch 10. Terry Maurer stated that no action has been taken on the segment of storm sewer on the south end of the Earl Hohlen property. He indicated that this is due to the possible development of a commercial shopping area on this property. He indicated that Mr. Hohlen is aware of the City's plan for overall storm drainage improvements. The City Council requested that the City Engineer make contact with Mr. Hohlen in regard to this matter. 5.1. Introduction of Miss Elk River Rachel Matthews, Miss Elk River of 1994, introduced herself to the City Council. She informed the Council that she will be representing the City of Elk River in the Miss Minnesota Pageant from June 19-24 in Austin, Minnesota. The Council congratulated Rachel Matthews and presented her with a City Flag and some City Pins. 5.10. Update on Current Enaineering Proiects by City Enaineer TerN Maurer The City Engineer discussed the status of current projects in the City. The projects discussed are listed in his letter to Mr. Pat Klaers dated May 10, 1994, and which are attached as an official record to the May 16 City Council minutes. 5.12. Deerfield III and IV Aareement with HUD e City Attorney Peter Beck and Building Official Cliff Skogstad were present to review this issue with the City Council. The City Attorney informed the Council that he and Cliff Skogstad have been working with HUD and FHA along with Congressman Oberstar to remedy the situation in the Deerfield III and IV areas in Elk River City Council Minutes May 16, 1994 Page 4 e regard to FHA financing. He stated that progress has been made and the process has been started to allow the homes in Deerfield III and IV Additions to be approved for FHA financing. 5.13. Discussion on Fire Chief Position Councilmember Holmgren stated that past action of the City Council adopted an amendment to the Fire Department by-laws which states that the members shall vote by written ballot to elect two Department representatives to the full time position Selection Committee. The Selection Committee will also consist of the Mayor and Vice-Mayor. The duties of the Committee would be to draft job descriptions, interview and select one candidate as Fire Chief to be recommended by majority decision to the City Council. Discussion was held regarding whether the City was legally bound to advertise for the position of Fire Chief or whether it could hire within. COUNCILMEMBER HOLMGREN MOVED THAT THE SELECTION COMMITTEE BEGIN THE PROCESS OF SELECTING THE REPLACEMENT FOR RUSS ANDERSON WHO IS PRESENTLY THE FIRE CHIEF FOR THE CITY OF ELK RIVER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e It was the consensus of the Council to request the City Attorney to research the issue of whether the City was legally bound to advertise for the position. It was also the consensus of the Council to authorize the Fire Department to appOint two members to the Selection Committee and that the Committee meet as soon as possible. 10. Staff Uodates Mayoral Term - Mayor Duitsman questioned whether the City Council received the letter regarding the two year Mayoral term from Gene Schuldt. RDF Traffic - Councilmember Scheel raised a concern regarding the trucks hauling to the RDF Plant delaying traffic on Friday evenings. She requested that this issue be looked at and discussed at another City Council meeting. She indicated that there are stacking problems on the bridge and that this will continue to be a problem, especially with the construction in that area. Parrish Avenue Bridae - Councilmember Holmgren indicated his concern with the stacking and the poor traffic conditions off of the Wright County (Parrish Avenue bridge). He indicated that with the construction on Highway 101 there is more traffic in this area and it is becoming a dangerous area and that it is just a matter of time before an accident occurs. He requested that the City consider a remedy to this problem and possibly look at a short term solution until the construction is completed on Highway 101. 9. Other Business 9.1. Reauest to Hire a Plannina Intern e Steven Ach, City Planner, indicated that interviews were held for a one year Planning Intern position with the City of Elk River. He recommended that the City Elk River City Council Minutes May 16, 1994 Page 5 e Council authorize the hiring of Troy Langer as a Planning Intern for the City of Elk River at a starting wage of $8.00 per hour. COUNCILMEMBER FARBER MOVED TO HIRE TROY LANGER AS A PLANNING INTERN WITH THE CITY OF ELK RIVER AT A STARTING WAGE OF $8.00 PER HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Reaister Council member Dietz raised a concern regarding the amount of money spent at SuperAmerica for gas. The City Administrator explained that due to the computer operations of the City's gas pump, it is sometimes necessary for City vehicles to purchase gas at SuperAmerica. COUNCILMEMBER FARBER MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider Granting a One Year Extension for Preliminary Plat Approval of Hillside Estates PUD Steve Ach, City Planner, stated that Riverside Development Company is requesting a one year extension of preliminary plat approval of Hillside Estates PUD. He informed the Council that this is the second extension as the last extension, which was granted for one year, expired April 20, 1994. e COUNCILMEMBER FARBER MOVED TO APPROVE A ONE YEAR EXTENSION OF THE PRELIMINARY PLAT OF HILLSIDE ESTATES PUD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.14. Update on the Steerina Committee Meetinas for the Comprehensive Plan Bob Minton, Planning Commission Representative, informed the Council that the Comprehensive Plan Steering Committee held its first meeting on April 27. He further indicated that upcoming meetings will be advertised in the Star News and the City newsletter in hopes to get some involvement from the public. He further indicated that staff is in the process of sending letters out to all industrial property and business owners. He stated that the next Steering Committee meeting is scheduled for May 25 and will focus on the goals and policies for industrial development. The City Council recessed at 6:55 p.m., and reconvened at 7:03 p.m. 6. Open Mike No one appeared for this item. 7.4. Consider Final Plat for Hillside Estates Third Addition by Riverside Development Company Case No. P94-0S e Steve Ach, City Planner, stated that Hillside Estates Third Addition is the last residential addition to be finalized in the initial phase of the Hillside Estates PUD. He indicated that the final plat for Hillside Estates Third Addition consists of nine single family lots and one outlot that will be included in a future addition. The City Page 6 Elk River City Council Minutes May 16, 1994 ------------------- Planner stated that the final plat does notreflect a drainage and utility easement that was reflected on the preliminary plat. Rick Foster, developer, indicated that the easement should have been included on the final plat and will be corrected accordingly. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 94-53, A RESOLUTION GRANTING FINAL PLAT APPROVAL TO HILLSIDE ESTATES THIRD ADDITION WITH THE ADDITION OF ITEM #13, THAT THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED ON THE FINAL PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Jeff Gongoll indicated that the developer is contending the $3,800 per acre for trunk sewer and water line and would like to discuss this amount with the appropriate City staff and the City Council. e 7.40. Consider a Rezonin City Planner steve Ach stated that the City is considering a rezoning of approximately 15 acres lying north of Highway 10 and west of Queen Street alignment from 1-1/Light Industrial to R 1-b/Single Family. He indicated that this rezoning would bring the zoning map into compliance with the Comprehensive Land Use Plan map which identifies the surrounding area as MR/Medium Density Residential. Steve Ach reviewed the history of this parcel of property. He indicated that the parcel has had a series of Planning Commission and City Council action over the past fifteen years. He further indicated that over the years there has been considerable discussion by the Planning Commission and City Council regarding Custom Motors compliance with their conditional use permit. e steve Ach stated that Bill Rubin, Economic Development Coordinator, has submitted a letter to the owners of Custom Motors regarding financing programs which are available to assist Custom Motors in relocating. Steve Ach indicated that there are several findings of fact that would support the City's request for rezoning of the area. The findings of fact are listed in the ordinance amendment for this rezoning. Steve Ach stated that the Comprehensive Plan and the long term development for the area indicates medium density residential for this area since 1980. He further indicated that based on a report from B.A. Liesch & Associates, there may be some environmental concerns on the Custom Motors site. Mayor Duitsman opened the public hearing. Jerry Gallati. Route 1, Box 91, Cushing, Minnesota, indicated he was the original owner of the site. He stated that this type of business is needed for the City. He further indicated that the City should relocate the salvage yard in Elk River prior to rezoning the existing area. He indicated that there was very little pollution on the site and what litter there is on the site can easily be cleaned up. Robert Miller, Attorney for Mr. and Mrs. Roy, current owners of the site, indicated that he sees two issues relating to the conditional use permit. He indicated that noncompliance of screening was one issue and stated that this was discussed with the staff previously and indicated that it could be brought up to date if e Elk River City Council Minutes May 16, 1994 Page 7 e requested by City staff. He further indicated that if there is a pollution concern on the site, it could also be cleaned up. Mr. Miller stated that a rezoning of the site would give the owners a five year amortization period. He stated that the five years would put the owners at a disadvantage and indicated that their business would slowly die. He further stated that the owners have requested economic help and requested the City Council to delay action in order to give the owners time to meet with staff to discuss financial options for relocating their business. He further stated that the owners would take a substantial economic loss with a zone change. Mr. Miller indicated that he felt the configuration of the property was too narrow to develop it into a residential subdivision. Jack Engberg, Attorney for Clinton Olson, indicated that Mr. Olson purchased the property from Jerry Gallati in 1978. He stated that he has only received one half of the purchase price and indicated that rezoning of the property would cause an adverse impact on the economic ability of the property. He indicated that Mr. Olson and Mr. Gallati will see the value of the property diminish. He further indicated that Mr. Olson requests the Council to take no action at this time until all the ramifications and alternatives have been reviewed. He further stated that the findings that the property is not in compliance with the conditions of the conditional use permit are not warranted. He indicated that landscaping and screening have been installed to the amount of $14,000. e Mike Boelter, 600 Highway 10, indicated that when he purchased the property two years ago, he was never told of the long range plans to rezone the property to residential. He stated he would not have been interested in buying the property if he had been aware of the rezoning plans for the property. He indicated his concern that his property would be devalued if it were rezoned to residential. Bob Minton, Planning Commission Representative, stated that the Planning Commission has met for two years on this issue. He further indicated that about two years ago the owners were informed that the City was considering rezoning the property and further that the Planning Commission and Council had requested a work plan from the property owners in regards to relocation of the business. Mr. Minton indicated that the Planning Commission agonized over the decision, but recommended to approve the rezoning of the property. There being no further comments from the public, Mayor Duitsman closed the public hearing. Steve Ach stated that the purpose of the rezoning is to plan for the future development of the community and to comply with the Comprehensive Land Use Plan in the area. Councilmember Scheel stated that she was not sure that Custom Motors was causing any more contamination than the golf course. She further stated that she is opposed to the rezoning of that area. e Councilmember Holmgren stated that he has no problem with allowing the property owners two months time to come into compliance with the conditional Elk River City Council Minutes May 16, 1994 Page 8 e use permit. He further indicated that he is not sure what violations the owners have committed as he has not been informed of the conditions of the conditional use permit. He further indicated he felt the City should provide assistance to the property owners for relocation. Mayor Duitsman stated that the matter has been going on for ten years since he was first on the Council. He indicated that screening of the site was never completed and he further indicated that he feels there is a need for rezoning. COUNCILMEMBER SCHEEL MOVED TO DEFER ACTION ON THIS ITEM FOR TWO MONTHS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Council member Dietz indicated that the City Council and City staff have been discussing this issue with the property owners for the last two years. He indicated that this should come as no surprise to the property owners and that they should be aware of the City's desire to rezone the property. Councilmember Dietz further indicated that he felt a decision should be made within the next 60 days regarding the rezoning of the property. Norma Gallati indicated that she has had no notification of the hearings. She requested that the City notify her and her husband of the next meeting on this issue. THE MOTION CARRIED 5-0. e 7.5. Consider Reauest to Vacate a Portion of 6th Street/P.H. Case No. EV 94-01 City Planner Steve Ach stated that because 6th Street no longer connects with Proctor Avenue, it is staff's opinion that the right-of-way for the street purposes be vacated. He indicated that there are public utilities within the right-of-way which need to be protected with a public drainage and utility easement. Councilmember Holmgren noted that parking from Beaudry Express is taking place on the easement. Steve Ach indicated that this is not allowed and stated that he would inform Mr. Beaudry that parking is not allowed on the easement. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-54, A RESOLUTION FOR VACATING STREET DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider a Conditional Use Permit by Brian Anderson/P.H. Case No. CU 94-09 Planning Assistant Gary Schmitz indicated that Brian Anderson has requested a conditional use permit to excavate an estimated 5,000 cubic yards of black dirt from a wetland to construct an open pond for wildlife viewing. The location for the request is 21265 Concord Street, Elk River, Minnesota. Gary Schmitz reviewed the staff report for this issue. Bob Minton, Planning Commission Representative, stated that the Planning Commission recommended approval. e Mayor Duitsman opened the public hearing. Elk River City Council Minutes May 16, 1994 e 3. e 4. 5. 6. 7. 8. 9. 10. Page 9 Cynthia Lou, 21212 York Street. questioned whether the procedure would disturb the creek. Gary Schmitz indicated that the creek would not be disturbed. Hattie Leary, 21172 York Street, questioned whether the pond would be contained completely on the property owners property or whether it would extend into the abutting ditch. Gary Schmitz indicated that the pond would not abut the existing ditch. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY BRIAN ANDERSON TO EXCAVATE AN ESTIMATED 5,000 CUBIC YAROS OF BLACK DIRT FROM A WETlAND TO CONSTRUCT AN OPEN WATER POND FOR WILDLIFE VIEWING WITH THE FOLLOWING CONDITIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARY. 2. FOR SAFETY PURPOSES DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4 FEET HORIZONTAL TO 1 FOOT VERTICAL. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. SILT FENCING IS REQUIRED UNTIL THE GROUND COVER IS SELF SUSTAINING. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4 TO 5 FEET IN DEPTH. ANY EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE ARMY CORPS OF ENGINEERS. THE PROJECT BE COMPLETED IN ONE CONSTRUCTION SEASON. THE HOURS OF OPERATION BE AS PER CITY CODE. FENCING BE PLACED AROUND THE OAK TREES TO PREVENT DAMAGE WHEN THE EXCAVATED BLACK DIRT IS SPREAD THROUGHOUT MR. ANDERSON'S PROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes May 16, 1994 Poge 10 e 7.7. Variance Request by Roaer Tarnowski/P.H. Case No. V94-04 Planning Assistant Gary Schmitz indicated that Mr, Tarnowski is requesting a variOnce to the minimum lot area and lot width requirement and a fifteen foot front yard setback variance from 189th A venue. Gary Schmitz indicated that Roger Tarnowski is also proposing an administrative subdivision of Lots 1 & 2, Block 8, Westwood Subdivision, but due to an error in the public hearing notice, this request will not be reviewed by the City Council until May 23. Gary Schmitz explained that the Westwood Subdivision was platted in 1953 and a majority of the lots measured approximately 75 feet wide by 120 to 140 feet deep. He indicated that the City's minimum lot requirement in the Rl-c zoning district is 10,000 square feet in size and 80 feet in width. He indicated that the proposed parcel will be slightly under the City's lot area and width requirements. He further indicated that Mr. Tarnowski is subdividing his lot to help defray the cost of assessments for City sewer and water which was extended to the Westwood subdivision in 1992. He further indicated that Mr. Tarnowski will be constructing a home on Lot 1, Block 8, and is requesting a fifteen foot front yard building setback from 189th Avenue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e Gary Schmitz indicated that City staff and Planning Commission have recommended approval of all three variances. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A VARIANCE TO THE MINIMUM LOT AREA AND LOT WIDTH REQUIREMENT AND A FIFTEEN FOOT FRONT YARD SETBACK VARIANCE FROM 189TH AVENUE FOR LOTS 1 & 2, BLOCK 8, WESTWOOD SUBDIVISION, EFFECTIVE FOLLOWING THE APPROVAL OF THE ADMINISTRATIVE SUBDIVISION, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE A HOUSE LAYOUT WHICH WOULD BE LESS DESIRABLE FOR THE NEIGHBORHOOD. 2. THE APPLICANT CAN SHOW HARDSHIP IN THE FACT THAT THIS PARCEL WAS ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS EXTENDED PAST THE PROPERTY. 3. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Conditional Use Permit Reauest by Randall Pitcher/P.H. Case No. CU 94~10 e Planning Assistant Gary Schmitz indicated that Randall Pitcher of 18649 Twin Lakes Road is requesting a conditional use permit to operate a sharpening business out of his detached garage. He stated that the business will involve the sharpening of a wide variety of items such as knives, lawn mower blades, etc. Elk River City Council Minutes May 16, 1994 Page 11 e 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 CONDITIONAL USE PERMIT REQUESTED BY RANDALL PITCHER OF 18649 TWIN LAKES ROAD TO OPERATE A SHARPENING BUSINESS FROM HIS DETACHED GARAGE WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE AS PER CITY CODE. 2. THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR THREE CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS. 3. THAT A l' x 1.5' FREESTANDING SIGN BE ALLOWED AT THE END OF THE DRIVEWAY NEAR TWIN LAKES ROAD. THE SIGN MUST BE LOCATED OUTSIDE OF COUNTY RIGHT OF WAY AND BE UNDER 5' IN HEIGHT. A SIGN PERMIT MUST BE OBTAINED BEFORE THE SIGN IS ERECTED. 4. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED. 5. IF THE CITY RECEIVES VALID COMPLAINTS REGARDING NOISE, AN IMMEDIATE REVIEW OF THE HOME OCCUPATION WILL BE CONDUCTED AND IF NECESSARY BROUGHT BEFORE THE CITY COUNCIL FOR REVIEW OF THE CONDITIONAL USE PERMIT. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Administrative Subdivision and Conditional Use Permit Reauest by James Rossman/P.H. Case No. AS 94-03 and CU 94-06 Planning Assistant Gary Schmitz indicated that James Rossman has requested a conditional use permit for a zero lot line development for a shared drive and an administrative subdivision to divide his existing parcel located at 406 Main Street, Elk River, Minnesota. Gary Schmitz explained that the Council heard this item on April 18, 1994, and tabled the issue and directed staff to research the issue concerning the detached garage with the City Attorney. Gary indicated that following discussion of this issue with the City Attorney, it was determined that any subdivision of property must be consistent with the zoning ordinance and conform with all of its requirements. He indicated that allowing the detached garage to remain on Parcel B after the administrative subdivision is recorded, would be a violation of the zoning ordinance. He stated that, therefore, the staff is recommending the garage be moved prior to the recording of the administrative subdivision. Mayor Duitsman opened the public hearing. e Jim Rossman indicated that Section 900.32 of the City's Code speaks to residential property. He indicated that this may not be relevant to his property as his property is located in a C-2 zone. He requested that the Council authorize Elk River City Council Minutes May 16, 1994 Page 12 e the lot split with the stipulation that the adjoining garage only be used for his residential personal use. Peter Beck, City Attorney, indicated that splitting the lots and leaving the garage on the one parcel of property is inconsistent with the City's ordinance. There being no further comments from the Council, Mayor Duitsman closed the public hearing. Councilmember Holmgren stated that he felt that the moving of the garage was a technical issue. He stated that the garage blends in with the residential nature of the existing homes and indicated he would favor allowing Mr. Rossman to keep the garage until the lot is developed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JAMES ROSSMAN AT 406 MAIN STREET WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $1500 BE PAID TO THE CITY PRIOR TO RECORDING. 2. THE GARAGE LOCATED ON THE PROPERTY MAY ONLY BE USED BY ADJOINING RESIDENTIAL PROPERTY OWNER AND THAT THE GARAGE NOT BE USED FOR COMMERCIAL USE. e 3. THE GARAGE NEED NOT BE MOVED OFF OF THE SITE UNLESS THE SITE IS USED FOR A COMMERCIAL PURPOSE OR UNLESS THE PROPERTY IS SOLD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A SHARED DRIVE ZERO LOT LINE DEVELOPMENT REQUESTED BY JAMES ROSSMAN AT 406 MAIN STREET WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT PROVIDE THE CITY WITH PROOF OF RECORDING OF A CROSS EASEMENT AGREEMENT BETWEEN THE TWO PARCELS. 2. CONCRETE CURB AND GUTTER BE REQUIRED FOR THE DRIVE AND PARKING AREA FOR PARCEL B. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4.1. Councilmember Dietz opposed. 7.10. 7.11. Variance Reauest by Jeff Mastley/P.H. Case No. V 94-03 Administrative Subdivision by Jeff Mastlev/P.H. Case No. AS 94-05 e City Planner Steve Ach indicated that Jeff Mastley has requested a variance to the minimum lot are requirement of ten acres in the A-l zoning district located at the southwest corner of 213th Avenue and Jarvis Street. Jeff Mastley is also requesting an administrative subdivision to subdivide 40 acres into four single family lots. City Planner Steve Ach indicated that the Park and Recreation Commission reviewed the administrative subdivision request and recommended Elk River City Council Minutes May 16, 1994 Page 13 e that the developer pay $1800 in Park Dedication Fees. He further indicated that staff recommends approval of the variance and the administrative subdivision. Mayor Duitsman opened the public hearing. There being no comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE TO THE MINIMUM LOT AREA REQUIREMENT OF 10 ACRES IN THE A-1 ZONING DISTRICT REQUESTED BY JEFF MASTLEY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 213TH AVENUE AND JARVIS STREET BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A 1 ZONING DISTRICT IS TO ALLOW LARGE LOT (10 ACRE) SUBDIVISIONS WITH A DENSITY OF ONE UNIT PER FORTY (40) ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENT IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. 2. THE VARIANCE OF ONE-QUARTER OF AN ACRE ON A TEN (10) ACRE PARCEL CAN VIRTUALLY GO UNNOTICED AND ALLEVIATE THE HARDSHIP OF EXCLUDING RIGHT OF WAY, WHICH IS PARTICULAR TO LARGE, UNPLATTED TRACTS OF LAND. 3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL USE OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. e 4. THE PROPERTY OWNER ORIGINALLY PURCHASED THE FORTY (40) ACRE PARCEL WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY, MAKING IT A NOMINAL THIRTY-NINE (39) PLUS OR MINUS ACRE PARCEL FOR SUBDIVISION CONSIDERATIONS. 5. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE IN KEEPING WITH THE SPIRIT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF MASTLEY TO SUBDIVIDE FORTY ACRES INTO FOUR SINGLE FAMILY LOTS AT THE LOCATION OF APPROXIMATELY 1/4 MILE WEST OF JARVIS STREET AND SOUTH OF 213TH AVENUE NW WITH THE FOLLOWING CONDITIONS: 1. THE WETLAND AND PONDING AREAS ON THE SOUTH HALF OF THE PLAT BE DELINEATED AND INCORPORATED ON THE FINAL PLAT AS DRAINAGE AND UTILITY EASEMENTS. 2. THIRTY-THREE (33) FEET OF RIGHT OF WAY ALONG 213TH AVENUE BE DEDICATED AS PART OF THE PLAT. 3. PARK DEDICATION IN THE AMOUNT OF $1,800.00 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. e Elk River City Council Minutes May 16, 1994 Page 14 e 4. IF NECESSARY, AT THE TIME OF BUILDING PERMIT, A TREE PRESERVATION PLAN BE SUBMITTED TO THE CITY IDENTIFYING THOSE TREES TO BE SAVED DURING THE CONSTRUCTION OF THE NEW HOME. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren stated that the road should be hardsurfaced in the future if there is to be continued development on 213th Avenue. 7.12. Preliminary Plat Reauest by Heritaae Landing Develooment/P.H. Case No. P 93-12 City Planner Steve Ach stated that the City has received a request by Heritage Landing Development to subdivide approximately five acres into nine single family lots. He stated that the single family development consists of a cul-de-sac that is approximately 300 feet in length with a large landscaped island at the end. Steve Ach indicated that the Planning Commission recommended approval of the preliminary plat following discussion on maintenance of the landscaped island. He further stated that the developers have recommended a plan that will involve low maintenance landscaping for the island. Steve Ach noted that the staff is recommending approval of the preliminary plat. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. The City Council discussed maintenance responsibility of the landscaped island. e Planning Commission Representative Bob Minton indicated that the Planning Commission preferred that the City not be involved in the maintenance of the island. Discussion continued regarding the maintenance of the landscaped area and the Council's desire that this not become a burden to the City. It was suggested that the landscaped island be divided into nine portions, with each parcel owning a portion of the property therefore placing the burden of maintenance of the island on the parcel owners. Councilmember Dietz indicated his concern regarding the oak trees on the south portion of the property. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY HERITAGE LANDING DEVELOPMENT TO SU.BDIVIDE APPROXIMATELY FIVE ACRES INTO NINE SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: 1. TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN TO ILLUSTRATE THOSE AREAS OF TREES THAT WIll BE SAVED DURING GRADING OF THE PLAT. 2. ALL OUT BUILDINGS BE REMOVED PRIOR TO RECORDING THE FINAL PLAT. 3. A UNIFORM MAILBOX DESIGN BE PROVIDED. e 4. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RECORDING THE FINAL PLAT. Elk River City Council Minutes May 16, 1994 Page 15 e 5. PARK DEDICATION IN THE AMOUNT OF $4,050 BE PAID. 6. ALL COMMENTS STATED IN TERRY MAURER'S MEMO DATED APRIL 15,1994, BE INCORPORATED AND MADE PART OF THIS PLAT. 7. A STREET LIGHT BE PROVIDED IN THE CENTER ISLAND AT THE END OF THE CUL- DE-SAC. ALSO, ADEQUATE STREET LIGHTING AS DETERMINED BY ELK RIVER MUNICIPAL UTILITIES BE PROVIDED. 8. STAFF WORK WITH THE DEVELOPER TO MODIFY THE PROPOSED GRADING ON LOT 1 TO SAVE AS MANY TREES AS POSSIBLE. 9. STAFF RESEARCH ALTERNATIVES TO DEAL WITH THE LONG TERM MAINTENANCE/OWNERSHIP OF THE LANDSCAPED CENTER ISLAND AT THE END OF THE CUL-DE-SAC. 10. PRIOR TO THE REVIEW OF THE FINAL PLAT, THE DEVELOPER CONSIDER SUBDIVIDING THE LANDSCAPED ISLAND PROPERTY INTO NINE PARCELS WITH OWNERSHIP DIVIDED BETWEEN THE PROPOSED NINE RESIDENTIAL LOTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.13. Consider Conditional Use Permit Reauest by Kraus-Anderson/P.H. Case No. CU 94- .u e Planning Assistant Gary Schmitz indicated that Kraus-Anderson is requesting a conditional use permit to construct a bus terminal which would be owned and operated by Bill Dickenson and also to have multiple principle buildings on one lot. Gary Schmitz indicated that Mr. Dickenson's existing bus terminal is located on Jackson A venue and will be relocated to make room for the Elk Park Center project. He further stated that the Planning Commission reviewed the request and recommended approval. Mayor Duitsman opened the public hearing. John Bogart from John Oliver and Associates indicated that the 16 stipulations requested by staff have been met. There being no further comments; Mayor Duitsman closed the public hearing. Council member Holmgren requested that some of the trees that will be moved be donated to the City. Council member Scheel questioned why pine trees were being used for screening. She indicated she did not fee the pine trees would survive the fumes from the bus service. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY KRAUS-ANDERSON WHICH WOULD BE OWNED AND OPERATED BY BILL DICKENSON AND TO HAVE MULTIPLE PRINCIPLE BUILDINGS ON ONE LOT WITH THE FOLLOWING STIPULATIONS: Elk River City Council Minutes May 16, 1994 Page 16 fit 1. THE DRAINAGE PLAN BE REANALYZED TO MEET THE REQUIREMENTS OF BEST MANAGEMENT PRACTICES BY INCREASING THE DEPTHS OF THE PONDS TO INCLUDE A NORMAL POOL ELEVATION TO ASSIST WITH THE SETTLING OUT OF MATERIAL CONTAINED WITHIN THE RUN-OFF. 2. AN EROSION PROTECTION PLAN BE REQUIRED FOR THE OUTLET FROM POND B. 3. THE STORM SEWER INLET INTO POND A SHOULD INCLUDE CATCH BASINS AND SMALL DIAMETER PIPES. 4. A TEMPORARY/PERMANENT EROSION CONTROL PLAN SHALL BE REQUIRED AND APPROVED PRIOR TO CONSTRUCTION. 5. B612 CONCRETE CURB AND GUTTER BE EXTENDED TO MEET THE BUS GARAGE AND OFFICE BUILDING. 6. THE WETLAND LOCATED AT THE SOUTH END OF THE SITE BE DELINEATED ON THE SITE PLAN. 7. SIGNAGE BE ARCHITECTURALLY COMPATIBLE WITH THE BUILDING. 8. THREE STAGGERED ROWS OF SCOTCH PINE WITH A 15 FOOT SPACING BE PLACED ALONG THE WESTERN PROPERTY LINE WITH ONE ROW BEING SITUATED WITHIN THE CITY HIKING TRAIL RIGHT OF WAY. e 9. ALL AREAS DISTURBED BY CONSTRUCTION ARE STABILIZED WITH SOD AND/OR SEED AS SET FORTH IN THE APPROVED LANDSCAPING PLAN. THIS IMPROVEMENT MUST BE COMPLETED IN THE SAME GROWING SEASON THAT THE CONSTRUCTION TAKES PLACE. 10. THE PROPOSED BUILDINGS MEET CITY CODE REQUIRING ARCHITECTURAL STANDARDS. SPECIFICALLY, THE NORTH ELEVATION FACING COUNTY ROAD NO.1. 11. THE ABOVE GROUND FUEL TANK OBTAIN A STATE VARIANCE AND MEET ALL APPLICABLE BUILDING AND FIRE CODES. 12. A LIGHTING PLAN BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL ACTING ON THIS REQUEST. 13. THE PARKING LOT IN FRONT OF THE OFFICE BUILDING SHOULD BE REDESIGNED TO ELIMINATE THE DEAD-END PARK SITUATION AND ALLOW FOR COMPLETE CIRCULATION. 14. PLANS BE REVISED AND SUBMITTED TO STAFF FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 15. OVERSTORY TREES SHALL BE ADDED ALONG THE ENTRANCE DRIVE ALONG WITH SOME LANDSCAPING AROUND POND A. e 16. THE SITE PLAN BE REVISED IN ACCORDANCE WITH TERRY MAURER'S MEMO DATED APRIL 18,1994. Elk River City Council Minutes May 16, 1994 Page 17 e COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Adjournment 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 9: 15 p.m. Respectfully submitted, ~r~~ City Clerk e e