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08-16-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 16, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren Members Absent: None Staff Present: Lori Johnson, Finance Director; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney; Bill Rubin, Economic Development Coordinator; Phil Hals, Street/Park Superintendent; Steven Ach, City Planner; 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 6:04 p.m. by Mayor Duitsman. 2. Consider 8/16/93 City Council Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 8/16/93 CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 8/2/93 City Council Minutes The following amendments were made to the 8/2/93 City Council minutes: Page 7, Paragraph 4, the following sentence was inserted: The City Council consented to terminate the services of the present Planning Consultant exc~pt for work on the Elk Park Center and for projects that have already been started. Page 7, Paragraph 8, Downtown Corporation should state "Downtown Development Corporation". COUNCILMEMBER FARBER MOVED TO APPROVE THE 8/2/93 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained as he was absent from that meeting. 4.1. Authorizing Issuance and Setting Sale Date for 1993 Improvement Bonds Lori JOhnson, Finance Director, stated that the City is requesting Council authorization to issue General Obligation Improvement Bonds to finance the cost of public improvements. The improvements to be financed include Mississippi Oaks, Heritage Landing, CherryHill Bluffs, Meadowvale Heights and Orono Lake 3rd. She also stated that the water utility is proceeding with the construction of a water tower and . . . Elk River City Council Meeting August 16, 1993 Page 2 related well and treatment facility. Water revenue bonds will be issued to finance those improvements. The total issue will be in the amount of $3,525,000 with $2,400,000 for special assessment improvement projects and $1,125,000 for water revenue projects. Lori Johnson explained that special assessments are pledged to the repayment of the improvement project debt, however, some of the assessments are deferred and some are the City's responsibility. She informed the Council that for this reason there are tax levies which may be due on this bond. She further stated that the water revenue portion of the bond will be financed by the future water connection and water access fees as well as the water rate revenue. Lori Johnson informed the Council that the Letter of Credit from Mississippi Oaks has not been received at this time; however, she has been in contact with bank and development representatives who think that the Letter of Credit will be available within the week. She stated that if the funds were not used for the Mississippi Oaks project, they could be used for another similar project. She informed the Council that the project could be pulled from this issue or the Council could proceed with the assumption that the Mississippi Oaks project will be completed on schedule. Councilmember Dietz questioned why the library expansion was not included in the General Obligation Bonds. Lori informed Councilmember Dietz that the library could be funded through a lease/purchase program or be put on a bond next year since the funds will not be needed until 1994. Lori Johnson informed the Council that the City is using permanent improvement revolving funds and this is the first time that they have used this type of fund. She indicated that the advantage is that this fund does not pledge special assessments specifically to the debt which allows special assessment prepayments to be used to fund other improvement projects. COUNCILMEMBER SCHEEL MOVED TO APPROVE RESOLUTION 93-36, A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $3,525,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Special Assessment Reapportionment Richard and Jean Kincanon Lori Johnson indicated that the City is requesting the Council to approve the reapportionment of special assessments for the Heritage Landing plat, Parcel 75-005-2101. She indicated that the balance remaining of the 1992 water trunk main and trunk sanitary sewer assessment is $134,227.69. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REAPPORTIONMENT OF ASSESSMENTS FROM PARCEL 75-005-2101 TO THE HERITAGE LANDING LOTS OWNED BY RICHARD AND JEAN KINCANON. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Elk River City Council Meeting August 16, 1993 Page 3 4.3. Pay Estimate #12 - BOR-SON Construction Lori Johnson requested Council authorization for BOR-SON Construction for work completed on requested is in the amount of $57,990.10, $75,719. Estimate #12 to Hall. The payment a retainage of Pay City leaving Councilmember Farber stated he was not in favor of making payment to BOR-SON due to some work that has not yet been completed at City Hall and due to problems that the City Hall has been experiencing, especially involving the generator and air conditioner. COUNCILMEMBER FARBER MOVED TO TABLE THIS ITEM UNTIL THE NEXT REGULAR CITY COUNCIL MEETING HELD ON AUGUST 23, 1993, AT WHICH TIME IT WOULD BE DETERMINED WHETHER BOR-SON HAS TAKEN CARE OF SOME OF THE PROBLEMS AT CITY HALL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. VFW Premise Permit Application The City Clerk indicated that the VFW Post 5518 has made application to renew its premise permit to operate charitable gambling at the Sunshine Depot. She stated that the VFW has met the City requirement of spending 75% of its profits within the City's trade area. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-37, A RESOLUTION APPROVING PREMISE PERMIT RENEWAL APPLICATION FOR THE VFW POST 5518. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Consider Resolution Approving Plans and Ordering Advertisement for Bids for Trunk Highway 10 Lift Station and Sanitary Sewer Terry Maurer, City Engineer, stated that the plans and specifications for the upgrade of the trunk sanitary sewer and lift station between Main Street and the Wastewater Treatment Plant have been completed. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-38, A RESOLUTION APPROVING THE PLANS AND SPECIFICATION AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE TRUNK HIGHWAY 10 LIFT STATION AND TRUNK SANITARY SEWER IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Consider Resolution Approving Plans and Advertising for Bids for Meadowvale Heights Trunk Improvements Terry Maurer indicated that plans and specifications have been prepared for the extension of trunk sanitary sewer and water from the abandoned railroad bed east of Meadowvale School, westerly across the Nord property, to the proposed Meadowvale Heights addition. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-39, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE TRUNK SANITARY SEWER AND WATER . . . Elk River City Council Meeting August 16, 1993 Page 4 IMPROVEMENT FOR THE AREA WEST OF COUNTY ROAD 1 OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Consider Awarding Bids for 165th Avenue Overlay Terry Maurer indicated that the City received five bids for the overlay of 165th Street from the RDF Plant to the east City limits. The lowest bid was from Alber Construction at $37,308.70. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-40, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE 165TH STREET OVERLAY IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Consider Awarding Quotes for Ranch Road Improvement Phil Hals, Street/Park Superintendent, indicated that he received two quotes for improvements to Ranch Road. He recommended that the Council accept the low quote from Bauerly Brothers of $19.30 per ton. He further stated that the total project would be approximately $9,450, and that the money would come from the General Fund Overlay Budget. COUNCILMEMBER SCHEEL MOVED TO ACCEPT THE LOW QUOTE FROM BAUERLY BROTHERS IN THE AMOUNT OF $19.30/TON FOR BITUMINOUS MIX INSTALLED, AND $9.29/TON FOR CLASS 5 SHOULDERING INSTALLED FOR THE RANCH ROAD IMPROVEMENT PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.10. Check Register COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.11. Administration/Engineering Updates Councilmember Dietz raised some questions regarding the completion of County Road 30 in connection with the Fresno Street improvement project. Terry Maurer updated the Council on the Fresno Street project. He indicated that County Road 30 would be blacktopped and opened within a week. Councilmember Dietz questioned whether the City has considered a concrete or asphalt sidewalk on the north side of the temporary road across from City Hall. Phil Hals indicated that there has been consideration given to the concept, however, staff has put this on hold until a decision is made on the Community Center location. Police Chief Zerwas updated the Council on the progress of the D.A.R.E. project. Bill Rubin commented on a meeting held with a potential industrial client of the City of Elk River. He stated that representatives of the City met with representatives of the company. He felt that the meeting was well received and thanked Council and staff for their assistance. . . . Elk River City Council Meeting August 16, 1993 Page 5 COUNCILMEMBER SCHEEL VOTED TO ADJOURN INTO AN EXECUTIVE SESSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council adjourned at 5:46 p.m. into an Executive Session. The Mayor reconvened the City Council meeting at 7:00 p.m. 5. Open Mike Don Dreissen indicated that the City should have some control over contractors that are allowing run-off into the City streets which is causing storm sewers to be clogged. Terry Maurer indicated that the City could check into this and look at possible corrections to the situation. He suggested that one possible corrective action would be to require a bond or surety by the contractor to assure that the property would be cleaned up. Mayor Duitsman requested Street/Park Superintendent, Phil Hals, to check into this situation. Mr. Mike Poppin stated he was a resident of Deerfield 3rd subdivision. He stated that he has a drainage easement in his back yard and that he has been experiencing water problems. He indicated that he has been working with the City regarding this easement for some time. He indicated that during the last storm the water came within 4 to 5 feet high up to his patio door. He indicated that he feels the drainage easement cannot handle the water that is being generated in this area. Mayor Duitsman informed Mr. Poppin that the City is looking at an overall storm water drainage system, however, he was not sure that this would handle Mr. Poppin's problem. The Mayor directed the City Engineer and Street/Park Superintendent study the drainage problems in Mr. Poppin's area and report back to the Council. COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ENGINEER TO REVIEW THE DRAINAGE PROBLEM IN DEERFIELD 3RD AND BRING BACK RECOMMENDATIONS TO THE CITY COUNCIL FOR CONSIDERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.9. Public Hearing Plans No. 1 and Freeport Avenue) To No. Consider a Modification to Tax Increment Financing 3 (Redevelopment Project at Main Street and Bill Rubin stated that the public hearing is to consider a modification to Tax Increment Financing Plans No. 1 and No.3. Mayor Duitsman opened the public hearing. Dennis Chuba, developer, stated that the proposal is to lots on Main Street. He stated that they will demolishing two existing homes and one garage to prepare redevelopment. He stated that the completed valuation develop three be removing or the site for of the building . . . Elk River city Council Meeting August 16, 1993 Page 6 will be approximately $682,000, and construction will September, and completion in 1994. in begin Bill Rubin, Economic Development Coordinator, stated that the Chuba Company is requesting TIF assistance in an amount up to $60,000. He stated that the TIF funds would be used to reimburse the developer for costs associated with the redevelopment project. He stated that these are eligible costs as permitted by Minnesota Statutes and involve demolition, foundation removal and compaction, and related site preparation expenditures. Bill Rubin stated that TIF was started as an urban renewal tool. He indicated that the Main Street corridor is a critical corridor in the City of Elk River. He further stated that staff considered other funding options including the Revolving Loan Fund,however, the Revolving Loan Fund would not apply as there would be no security interest with the project. He indicated that staff also considered the option of creating a new TIF District, but it did not meet the requirements of the State Statute. Jeff Gongo11, representing the Economic Development Authority, stated that the project is a valid project and Mr. Chuba's 1992 project is a proven asset. He indicated that the use of TIF is consistent with the State Statute. He requested that the Council approve staff's recommendation to approve the modification to TIF Plans No. 1 and No.3. Mayor Duitsman stated that he believes Main Street is an important corridor to the City of Elk River. He further stated that he felt the City could fund up to $50,000 and that the City Council should request the HRA to pick up half of that cost. Counci1member Dietz questioned whether the Chuba Company would be receiving an advantage over existing businesses. Bill Rubin stated that the Chuba Company is paying a premium for the sites because of the existing structures on the property. He indicated that extraordinary out-of-pocket costs would be needed to remove the building from the property. Counci1member Dietz also questioned the amount of TIF assistance with this project as compared to the previous project. Bill Rubin indicated that the Chuba Company would be required to document all of the costs associated with the project and therefore would only be reimbursed for actual costs incurred. There being no further comments from the public, Mayor Duitsman closed the public hearing. The City Council discussed approving the modification to TIF Plans No. 1 and No.3, but desired to limit Mr. Chuba's request to $50,000. It was the consensus fo the Council to limit the modification to $50,000. The modification to TIF Plans No. 1 and No. 3 will reflect a $50,0000 expenditure. . . . Elk River City Council Meeting August 16, 1993 Page 7 COUNCILMEMBER HOLMGREN MOVED TO REQUEST THAT THE HRA PARTICIPATE BY COVERING 50% OF THIS REDEVELOPMENT PROJECT ($25,000). COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-41, A RESOLUTION APPROVING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 AND NO.3, AND DIRECTING CITY STAFF TO IMPLEMENT THE MODIFICATION OF TAX INCREMENT FINANCING PLANS NO. 1 AND NO.3. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Conditional Use Permit Request to Operate a Mail Order Business as a Horne Occupation by Mark Palmer/Public Hearing Steven Ach, City Planner, indicated that Mr. Palmer is requesting a conditional use permit to operate a home occupation which involves a mail order business of firearms. He stated that the permit is required because the ordered firearms will be delivered to the Palmer residence by United Parcel Service. He indicated that a Federal Firearms License from the Alcohol, Tobacco, and Firearms Bureau has been issued to Mr. Palmer. Steve Ach indicated that staff has reviewed the request and based on the letter received from Mr. Palmer and on the Planning Commission review and recommendations, it is felt that Mr. Palmer would operate within the parameters of the ordinance. He further stated that the Planning Commission recommended approval of the conditional use permit with nine conditions. Mayor Duitsman opened the public hearing. Barb Mann, 1123 Main street, stated her main concern was commercial activities moving further toward the residential area on Main Street. She further indicated that the proposed gun sale business is an adult business and prefers that these businesses stay out of residential areas. Nancy Theilke, 250 Norfolk, stated her concern for the safety of her children. She also noted that the Palmer residence is unsightly. She questioned the length of the conditional use permit and requested the City Council to check with other cities regarding this issue. She requested that the City Council table this issue until further information is gathered. She also questioned how the guns would be secured. Sherry Ames, 1115 Main Street, stated she had similar concerns to Nancy Theilke. She further indicated that the proposed business would be located one block from Handke Elementary School and stated she was opposed to the selling of firearms in a residential area. She indicated that Rock Martin, Principal of Handke School, could not be present, however, he requested that his concern for the safety of the children be considered. Sherry Ames requested the Council to think about where, when, and how firearms would be sold in the City of Elk River. . . . Elk River City Council Meeting August 16, 1993 Page 8 Cindy Sykes, 212 Morton Avenue, indicated that handguns are an adult business and the City Council should think about where to place these types of businesses. She requested the Council to table until further research can be done on this matter. Linda Nogle, 234 Morton Avenue, questioned how the proposed business would affect surrounding property values. She further indicated that there are two daycare businesses and a senior apartment complex in the area. She requested the Council to consider prohibiting this type of business in a residential area. Don Dare, 743 Upland Avenue, stated that there the purchase of guns and stated that he was in conditional use permit for the sale of guns. are many laws regulating favor of allowing the Billie Jo Olson, 936 Main improved upon and changed. She the public for a public vote. Street, stated that laws are made to be requested that this issue be opened to Randy Sykes, 212 Morton Avenue, made reference to two articles in newspapers concerning firearms and guns. He indicated that Mr. Palmer lives in a duplex and questioned whether this would change the conditional use permit factor. He further stated that parking would be inadequate. Jackie Reiss, 957 Main Street, indicated that the business would be targeting those people who do gun range shooting. She further indicated that the federal government places more stringent regulations on the sale of guns than the City does. She indicated that the Council must decide tonight if a conditional use permit could be granted. Jim Thielke, 250 Norfolk, stated that the main issue is not voting on the conditional use permit, but providing a solution that would protect the citizens of Elk River. He further stated that the Council should consider all ramifications of granting the conditional use permit. Greg Mann, 1123 Main Street, questioned the Planning Commission recommendations. He indicated that the Planning Commission recommended approval of the conditional use permit, however, they also recommended that the City Council take a closer look at the gun sale issue. He requested the Council to table the matter until research could be done on the sale of guns. Mark Palmer, 957 Main Street, unanimously recommended approval. guidelines requested by the City the City Council vote on the issue. illegal, that he does not sell to not advertise. stated that the Planning Commission He stated he has followed all Council and staff and requested that He indicated he is doing nothing the general public, and that he does Terry Briggs, location of school. 1431 Main Street, voiced the proposed business as her concern regarding the it relates to the elementary . . . Elk River City Council Meeting August 16, 1993 Page 9 Ashley Briggs indicated she was opposed to the sale of guns as gun businesses cause problems. There being no further comments from the public, Mayor Duitsman closed the public hearing. steve Ach stated he was unaware of the duplex issue. He indicated that a duplex in a residential district may affect the conditional use permit. Al McClain, 21308 Burns street, stated that there will be no criminals buying guns at the proposed business location. Peter Beck stated that until May 20, the City had no authority to regulate firearm sales, however, recent legislation has given local government authority to regulate the sale of firearms. COUNCILMEMBER SCHEEL MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE SEPTEMBER 20, 1993, CITY COUNCIL MEETING TO GIVE STAFF THE TIME TO RESEARCH THE DUPLEX ISSUE. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Dietz made reference to a part of the City Attorney's memo recommending that the City Council direct staff to prepare an interim ordinance restricting any approvals for firearm sales pending completion and action on a study of the matter conducted by the Planning Commission. Councilmember Scheel stated that the Council must treat all other retail gun businesses in a similar manner. Councilmember Holmgren stated that although there are other retail gun businesses located in the City of Elk River, he has received no complaints and questioned why. THE MOTION CARRIED 5-0. Mark Palmer questioned why he was being singled out if objective is to treat all people in a similar manner. feels his rights have been violated and that he has a expedient decision by the City Council. He stated having his name come up at City Council meetings when he on the agenda. the Council's He indicated he right to an he is tired of has no issue Mayor Duitsman stated that all Council meetings are open to the public and that the Council does not have the authority to sensor people or subjects that are brought up at the meeting. He further stated that it is the Council's duty to explore all options of gun sales. COUNCILMEMBER DIETZ MOVED TO ESTABLISH AN INTERIM ORDINANCE AND DIRECT THE PLANNING COMMISSION TO STUDY THE FIREARMS ORDINANCE IN RELATION TO SALE OF FIREARMS WITHIN THE CITY LIMITS OF ELK RIVER. Mayor Duitsman stated that he is not in favor of an interim ordinance. . . . Elk River City Council Meeting August 16, 1993 Page 10 Councilmember Dietz withdrew his motion. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE PLANNING COMMISSION TO REVIEW THE ISSUE OF THE SALE OF GUNS AND TO RECOMMEND ADOPTION OF A GUN ORDINANCE WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Conditional Use Permit Request for a Temporary Trailer by Gary Schleusner/P.H./Case No. CU-93-19 Steven Ach stated that Gary and Jean Schleusner, 14369 202nd Avenue NW, are requesting a conditional use permit to place a temporary trailer on their property while constructing a new home. The temporary trailer is 70 x 16 feet and meets all setback requirements. A well and septic system have been installed. SteveAch stated that if the Schleusner's do not complete their house in six months, an extension to the conditional use permit would be required. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Steve Ach indicated that the Planning commission recommended approval of the request. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY GARY AND JEAN SCHLEUSNER TO PLACE A TEMPORARY TRAILER ON THEIR PROPERTY WHILE CONSTRUCTING A HOME AT 14369 202ND AVENUE NW WITH THE FOLLOWING STIPULATIONS: 1. THE TEMPORARY TRAILER BE REMOVED FROM THE SUBJECT PROPERTY SIX MONTHS FROM THE DATE OF CITY COUNCIL ACTION OR THE APPLICANT APPLY FOR AN EXTENSION OF THE CONDITIONAL USE PERMIT IF ADDITIONAL TIME IS NEEDED. 2. ADEQUATE SEPTIC SYSTEM AND WELL BE IN PLACE PRIOR TO MOVING THE TRAILER ON SITE. 3. THE TRAILER BE POSITIONED ON THE SITE AS ILLUSTRATED ON THE SUBMITTED SURVEY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Administrative Subdivision Request to Divide a 37+ Acre Parcel into Two Parcels by Wendy Bloomdahl/P.H. Case No. AS-93-06 Steven Ach, requesting an of land into a new home on City Planner, stated that Wendy Bloomdahl, 337 Baldwin, is administrative subdivision to subdivide a 37+ acre parcel two parcels. He stated that the applicant is constructing the proposed 7 acre parcel of land. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. . . . Elk River City Council Meeting August 16, 1993 Page 11 COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY WENDY BLOOMDAHL TO SUBDIVIDE A 37+ ACRE OF LAND INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS. 1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $400 BE PAID TO THE CITY. 2. ADDITIONAL RIGHT-OF-WAY ALONG COUNTY ROAD #33 BE GRANTED TO SHERBURNE COUNTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Administrative Subdivision Request to Divide a 75 Acre Parcel Into Two Parcels by James and Stephanie Zaczkowski/P.H. Case No. AS-93-05 Steven Ach stated that James and Stephanie Zaczkowski are requesting to subdivide approximately 75 acres into two parcels. The two parcels will be 72 acres and 3 acres in size. Steve Ach stated that the subject property is zoned A1-Agricultural which requires a m~n~mum lot size of 10 acres. Although the minimum lot size is 10 acres, a 2.5 acre lot is allowed through an exception to the zoning ordinance which allows a minimum of a 2.5 acre lot as long as the overall density does not exceed four lots per acre. He stated that the proposed subdivision takes advantage of this provision by creating the three acre parcel. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER REQUESTED BY SUBDIVIDE A STIPULATIONS: SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION JAMES AND STEPHANIE ZACZKOWSKI OF 10511 209TH AVENUE TO 75 ACRE PARCEL INTO TWO PARCELS WITH THE FOLLOWING 1. SEVENTEEN ADDITIONAL FEET OF RIGHT-OF-WAY BE GRANTED TO SHERBURNE COUNTY. 2. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $400 BE PAID TO THE CITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Conditional Use Permit Request to Sell Truck Boxes in a C3 Zone by Metro Truck Equipment/p.H. CU-93-14 Steve Ach stated that this item was continued by the City Council on June 14, 1993, due to lack of information. Since that meeting, Metro Truck has withdrawn their application until appropriate information can be submitted to the City for review. 6.6. Conditional Use Permit Richard Gutheridge/P.H. Request to Allow Case No. CU-93-20 Excavation in a Wetland by . . . Elk River City Council Meeting August 16, 1993 Page 12 steve Ach indicated that Richard and Paula Gutheridge, 14288 201st Avenue NW, have made application for a .conditional use permit to excavate approximately 6,500 cubic yards of black dirt from an existing grassy' wetland. He stated that the DNR and Army Corps of Engineers have been notified of this proposal. He stated the DNR has indicated approval will not be necessary for this project. He further indicated that he has not received a response from the Army Corps of Engineer and indicated that their offices have been busy with the amount of flooding that is taking place in the state. steve Ach stated that he could contact the Army Corps of Engineer by phone and get a verbal response. 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 REQUEST FOR EXCAVATION IN A WITH THE FOLLOWING STIPULATIONS: APPROVE THE CONDITIONAL USE PERMIT WETLAND BY PAULA AND RICHARD GUTHERIDGE 1. THE CITY PLANNER RECEIVE VERBAL APPROVAL FROM THE ARMY CORPS OF ENGINEER. 2. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES. 3. 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. 4. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. THIS GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 5. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4-5 FEET IN DEPTH. 6. ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. 7. THE CONTRACTOR AND PROPERTY OWNERS WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 8. THE PROJECT TO BE COMPLETED WITHIN ONE CONSTRUCTION SEASON. 9. HOURS OF OPERATION TO BE AS PER CITY CODE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Conditional Use in a C3/Highway CU-93-22 Permit Request to Allow a Light Manufacturing Business Commercial Zone by Richard Duggan/P.H. Case No. Steve Ach,City Planner, stated that Richard Duggan of Marketech, Inc., is requesting a conditional use permit to allow a light manufacturing business in a C3/Highway Commercial zone located at 16854 Highway 10. . . . Elk River City Council Meeting August 16, 1993 Page 13 steve Ach stated that the Planning Commission recommended approval with four stipulations. Richard Duggan of Marketech questioned why conditional use permits have increased in cost and further questioned why he was being requested to correct violations of the ordinance through his conditional use permit. Steve Ach stated that these are requirements that must be met prior to conditional use permit approval and it should be left between the property owner and renter as to who is responsible for the improvements. Councilmember Scheel stated she does not feel the renter should be responsible for the improvements. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE REQUESTED BY RICHARD DUGGAN OF MARKETECH, MANUFACTURING BUSINESS IN A C3/HIGHWAY HIGHWAY 10 WITH THE FOLLOWING STIPULATIONS: THE CONDITIONAL USE PERMIT INC., TO OPERATE A LIGHT COMMERCIAL DISTRICT AT 16854 1. IN PLACE OF THE PREVIOUSLY REQUIRED FENCE, A LANDSCAPING BUFFER BE PROVIDED IN CONJUNCTION WITH THE LANDSCAPING ON THE ADJACENT PROPERTY BETWEEN THE TWO WESTERLY BUILDINGS. 2. SITE PLAN BE AMENDED TO ILLUSTRATE A DUMPSTER AND ENCLOSURE, WHICH MUST BE APPROVED BY STAFF PRIOR TO OCCUPYING THE BUILDING. 3. APPROPRIATE BUILDING PERMITS BE OBTAINED PRIOR TO ANY REMODELING WORK. 4. INSTALL NINETEEN (19) OVERSTORY TREES AROUND PERIMETER OF SITE PER SECTION 900.30(3) (b) (iii). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 6.8. Conditional Use Permit and Variance Request to Operate a Financial Institution and a Parking Area which would Encroach 10 Feet into the Rear Setback by Joe Barsody/P.H. Case No. CU-93-23 and V-93-05 Steve Ach explained that Joe Barsody, in conjunction with Mora Credit Union, is requesting a conditional use permit for a financial institution and a variance to the rear yard parking setback. He stated that the variance request involves expanding the parking area located on the west side of the building. Steve Ach indicated that storm drainage was a concern that was raised by a neighboring project. He indicated that Terry Maurer reviewed the storm drainage issues and made a recommendation in a letter which is attached to the Council memo dated August 13, 1993. He stated that Terry Maurer recommends that a concrete curb be placed along the west side of the proposed parking stalls and that a catch basin rather than a curb cut be provided to collect storm drainage from the site. Terry Maurer also recommended . . . Elk River City Council Meeting August 16, 1993 Page 14 that the developers of the site be required to clean the ditch along the west property line and westerly from the southwest corner of their property over to the catch basins that exist in the ditch. steve Ach also indicated that the Planning Commission raised concerns regarding traffic. He stated that Terry Maurer addressed these concerns in his letter dated August 13th. He indicated that Terry Maurer suggested a raised concrete median on the west side of the handicapped parking stall to eliminate vehicles from cutting the corner as they come around the west side of the building. 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 CONDITIONAL USE PERMIT REQUESTED BY MORA CREDIT UNION FOR A FINANCIAL INSTITUTION WITH THE FOLLOWING CONDITIONS: 1. B612 CONCRETE CURB AND GUTTER BE PROVIDED ALONG THE WESTERLY PARKING AREA. 2. SETBACK AREA ON THE NORTH SIDE OF THE NEW DRIVEWAY BE SODDED. 3. A DRAINAGE PLAN FOR ALL NEW PARKING AREAS BE SUBMITTED FOR APPROVAL BY THE CITY ENGINEER. 4. EASEMENT DOCUMENTS FOR NEW DRIVEWAY BE EXECUTED AND RECORDED WITH SHERBURNE COUNTY. 5. A RAISED CONCRETE MEDIAN ON THE WEST SIDE OF THE HANDICAP PARKING STALL BE PROVIDED TO ELIMINATE VEHICLES CUTTING THE CORNER AS THEY COME AROUND THE WEST SIDE OF THE BUILDING. 6. A CATCH BASIN AND STORM SEWER BE INSTALLED WITHIN THE NEW PARKING LOT AND PIPED TO THE EXISTING DITCH. 7. THE EXISTING DITCH BE CLEANED BY THE PROPERTY OWNER TO IMPROVE DRAINAGE FROM THE NEW PARKING AREA. THIS CLEANING SHOULD OCCUR ALONG THE WEST PROPERTY LINE AROUND THE SOUTHWEST CORNER TO THE EXISTING CATCH BASIN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPROVE A VARIANCE TO THE REAR YARD PARKING SETBACK AS REQUESTED BY MORA CREDIT UNION FOR PROPERTY AT 503 JACKSON AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Conditional Use Permit Request to Agreement Allowing a Pizza and Pasta Case No. CU-93-21 Elk by River Plaza PUD Jim LaRose/P.H. Amend the Restaurant Steve Ach indicated that Jim LaRose is requesting a conditional use permit to amend the Elk River Plaza Planned Unit Development Agreement to allow a pizza and pasta restaurant facility. The restaurant will be . . . Elk River City Council Meeting August 16, 1993 Page 15 located in the Big Wheel Plaza 2nd Addition. facility on Lot 5, Block Rossi building at Lot 5, Block 1, Elk River The proposed amendment would allow a restaurant 1, Elk River Plaza 2nd Addition. steve Ach stated that the Planning Commission recommended approval of the conditional use permit with four stipulations. Steve LaRose of the Ach also indicated that since the Planning commission review, Jim has moved the site location of the restaurant to the other end building. Councilmember Scheel stated that she has a problem with requiring the applicant to provide overstory trees to be installed to screen the nursing home. She indicated that because the site plan has been changed, they are no longer in the line of site with the nursing home. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Louise Kuester, Planning Commission Representative, indicated that she feels the Planning Commission may have looked at the situation differently had the location been changed. She indicated she did not believe the Planning Commission would have required the planting of the trees for the screening of the nursing home. Councilmember Holmgren indicated that the planting of the trees would be an opportunity to correct an oversight regarding the tree line. Councilmember Scheel indicated she felt this should responsibility of the property owner and not the renter. be the Peter Beck, City Attorney, stated that this requirement is a way of bringing property that needs development approval up to current City standards. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PUD AGREEMENT BY JIM LAROSE TO ALLOW A PIZZA AND PASTA RESTAURANT FACILITY ON LOT S, BLOCK 1, ELK RIVER PLAZA 2ND ADDITION WITH THE FOLLOWING STIPULATIONS: 1. IF A PARKING PROBLEM BEGINS TO OCCUR, ADDITIONAL STALLS SHALL BE INSTALLED TO ALLEVIATE THE PROBLEM. A REVISED SITE PLAN MUST BE SUBMITTED FOR CITY REVIEW PRIOR TO COMMENCING WORK. 2. IF BEER AND WINE IS TO BE SERVED WITHIN THE ESTABLISHMENT, A LIQUOR LICENSE MUST BE OBTAINED FROM THE CITY COUNCIL. 3. IN AN ATTEMPT TO MEET CURRENT LANDSCAPING REQUIREMENTS, 10 OVERSTORY TREES SHALL BE INSTALLED THROUGHOUT THE SITE WITH EMPHASIS GIVEN TO THE YARD FACING THE NURSING HOME. 4. THE HOURS OF OPERATION WILL BE MONDAY THROUGH THURSDAY, 11:00 A.M. TO 11:00 P.M., FRIDAY AND SATURDAY 11:00 A.M. TO MIDNIGHT AND SUNDAY NOON TO 11:00 P.M. . . .. Elk River City Council Meeting August 16, 1993 Page 16 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business There was no other business. 9. Adjournment There being THE MEETING. CARRIED 5-0. no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION The meeting of the Elk River City Council was adjourned at 9:28 p.m. ~SUbmitted' Sandra Thackeray City Clerk