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09-20-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 20, 1993 Members Present: Mayor Duitsman, Councilmembers Scheel, Farber, and Dietz Councilmember Holmgren arrived at 6:20 p.m. Members Absent: None Staff present: Lori Johnson, Finance Director; Sandra Thackeray, City Clerk; Peter Beck, City Attorney; Stephen Rohlf, Building and Zoning Administrator; Gary Schmitz, Recycling Coordinator/Zoning Assistant Also Present: Robert 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 6:03 p.m. by Mayor Duitsman. 2. Consider 9/20/93 City council Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 9/20/93 CITY COUNCIL AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Consider 9/8/93 Budget Worksession City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 9/8/93 BUDGET WORKSESSION CITY COUNCIL MINUTES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Scheel abstained due to her absence from the meeting. 3.2. Consider 9/13/93 City Council Minutes COUNCILMEMBER SCHEEL MINUTES. COUNCI LMEMBER 3-0-1. Councilmember meeting. MOVED TO APPROVE THE 9/13/93 CITY COUNCIL DIETZ SECONDED THE MOTION. THE MOTION CARRIED Farber abstained due to his absence from the 4.1. Jarvis Street Update Mayor Duitsman stated that the City Administrator has discussed the issue of the City of Ramsey participating in the overlay project on Jarvis Street. He stated that the Ramsey City Council strongly desires to participate with the City of Elk River on this project, but due to a concern over setting a precedent, Ramsey will be unable to participate on a 50/50 basis. He indicated that Ramsey City Council authorized $9,150 toward the Jarvis Street overlay. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE JARVIS STREET OVERLAY AND TO ACCEPT THE $9,150 FROM THE CITY OF RAMSEY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e Elk River City Council Meeting September 20, 1993 Page 2 4.2. Call Special City Council Meeting for October 11, 1993 Mayor Duitsman indicated that City staff is requesting a special Council meeting on October 11, to hear a presentation from the Business Park Task Force regarding funding options for a future Elk River Business Park. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL TO BE HELD ON MONDAY, OCTOBER II, 1993, AT 6:00 P.M. AT THE ELK RIVER CITY HALL, TO HEAR A PRESENTATION FROM THE BUSINESS PARK TASK FORCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3. Pay Estimate #2 - CherryHill Bluffs 2nd Addition COUNCILMEMBER SCHEEL MOVED TO APPROVE PAY ESTIMATE '2, IN THE AMOUNT OF $25,602.84 FOR WORK COMPLETED BY LATOUR CONSTRUCTION ON CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4~0. 5.1. Update on City Environmental Issues Gary Schmitz, Recycling Coordinator/Zoning Assistant, updated the Council on several environmental issues. Compost Collection Day Gary Schmitz informed the Council that Sherburne County is organizing a county-wide compost drop off program. He stated that the Harold Dobel farm will be the Elk River drop off site and indicated that the City will be working jointly with the County on this program. He further indicated that the City has received approximately $14,000 of SCORE Funds to locate a facility in the City limits. Clean Up Day Gary Schmitz indicated that for the past three years the City has held a clean up day each spring for the collection of large items that could be recycled. He indicated that although there are no plans to hold a clean up event this fall, the City is planning on another clean up day to be held in the spring of 1994. Household Hazardous Waste Collection Day Gary Schmitz indicated that the Tri-County Solid Waste Management Commission, Sherburne county, and the City of Elk River are in the process of organizing a one or two day household hazardous waste drop off program in the Elk River area. He stated that the specific site for the waste drop off is the Elk River maintenance garage. Gary Schmitz indicated that an application was sent to all area residents in the Environmental Educator, a supplement to the Star News. He stated that anyone wishing to utilize the household hazardous waste drop off is requested to fill out an application prior to visiting the drop off site. Gary Schmitz stated that walk-ins are discouraged and Elk River City Council Meeting September 20, 1993 Page 3 e it is give waste felt that use of the site an assessment as to the expected to be received. through the application method will types and amounts of household hazardous Refuse Hauler Contract Gary Schmitz informed the Council that on November 1, 1993, the City of Elk River's three year contract for refuse and recycling service will expire. Staff is in the process of renegotiating the contract and will formally present the contract to the Council when negotiations have been completed. 5.2. Boelter/Refuse and Garbage Appeal Board Gary Schmitz indicated that Mrs. Lester Boelter appeared before the Refuse and Garbage Appeal Board on August 10, 1992, requesting an exemption from mandatory refuse and recycling service due to financial hardship and the fact that very little refuse is generated. Gary Schmitz indicated that the Garbage Appeal Board voted to deny the request. Gary Schmitz further indicated that staff is appealing the decision of the Appeal Board to the City Council per the applicant's request. Roger Holmgren arrived at this time (6:20 p.m.) e Councilmember Holmgren suggested the appeal be denied as a precedent would be set if it were granted. Gary Schmitz stated that the City offers a bi-weekly refuse program to assist residents in this situation. COUNCILMEMBER DIETZ MOVED TO DENY THE MANDATORY REFUSE AND RECYCLING SERVICE COUNCILMEMBER HOLMGREN SECONDED THE MOTION. APPEAL FOR AN EXEMPTION FROM FROM MRS. LESTER BOELTER. THE MOTION CARRIED 5-0. 5.3. Custom Motors Environmental Review Steve Rohlf, Building and Zoning Administrator, updated the Council on the Custom Motors site. He indicated that the two most immediate issues for Custom Motors are the environmental review and screening of the property. Steve Rohlf indicated that Environmental Consultant, John Lichter, has proposed a work plan for an environmental review which will cost approximately $3,400. He recommended that the City pay for the testing, however, any environmental clean up would be the responsibility of Custom Motors. Mayor Duitsman indicated that screening of this site has been an issue since the early 1980's. In 1984, the Council requested that the site be screened. Sandy and Joe Roy, owners of Custom Motors, indicated that they did not own the property at that time and had not been informed of the screening issue. e steve Rohlf, Building and Zoning Administrator, indicated that a half mile area that needs to be screened. Mayor Duitsman that he was in favor of the City paying for the environmental He suggested that when the testing is complete and it there is indicated testing. has been Elk River City Council Meeting september 20, 1993 Page 4 e determined whether or not the owners will stay at the location, then screening should be determined at that time. steve Rohlf explained that staff is presently exploring options such as assisting with the relocation, environmental clean up, and MnDOT assistance. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE ENVIRONMENTAL TESTING TO BE PAID BY THE CITY AND THAT A DECISION ON SCREENING BE MADE IN MAY OF 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mayor Duitsman indicated he would like to see the screening issue taken care of prior to May. COUNCILMEMBER MOVED TO AMEND HER MOTION TO MAKE SCREENING IN APRIL OF 1994. COUNCILMEMBER AMENDMENT. THE MOTION AS AMENDED CARRIED 5-0. A DECISION ON FARBER SECONDED THE THE 5.4. Above Ground Storage Tank/Bill Dickenson e Gary Schmitz stated that Bill Dickenson, owner of a bus terminal located at 19101 Jackson Road, is requesting to add a 10,000 gallon insulated, double wall, above ground storage tank to his bus terminal. He indicated that the tank will replace two underground storage tanks. Gary Schmitz indicated that the State Fire Marshal requires a state variance for any tank larger than 6,000 gallons. Gary Schmitz indicated that Bill Dickenson is requesting a 10,000 gallon above ground storage tank because the tank would be portable and would be easier to move if he relocates. He further indicated that an above ground tank would be easier to spot environmental problems and that there are new laws requiring underground storage tanks to meet state standards. Gary Schmitz indicated that staff is recommending approval of Mr. Dickenson's request. Councilmember Holmgren questioned whether the state requires fencing of above ground tanks. Gary Schmitz indicated he was not sure, however he would check into the matter. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE A 10,000 GALLON DOUBLE WALL, INSULATED STORAGE TANK TO BE ALLOWED DICKENSON'S PROPERTY LOCATED AT 19101 JACKSON ROAD WITH STIPULATIONS: ABOVE GROUND, ON MR. BILL THE FOLLOWING 1. THE TANK MUST BE LOCATED 50 FEET FROM ANY BUILDING. 2. THE TANK MUST BE LOCATED 50 FEET FROM ANY TYPE OF DISPENSER. 3. THE TANK MUST BE LOCATED 50 FEET FROM ANY PUBLIC RIGHT-OF-WAY. 4. THE TANK MUST BE LOCATED 100 FEET FROM ANY PROPERTY LINE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.5. Discussion Regarding Removal of Existing Fence on Residential Property Elk River City Council Meeting september 20, 1993 Page 5 e Gary Schmitz explained the history of a fence issue regarding a non-conforming fence located on Mr. Dave Patenaude's property at 19275 Lander Street. Gary Schmitz indicated that Mr. Patenaude is using a barbless wire fence as a boundary fence located in R-1a zoning. He stated that currently, the City Code does not allow barbless wire fences in R-1a zoned districts as a boundary fence. He further indicated that Mr. Patenaude constructed a barbed wire fence and removed the barbs prior to the City adopting the ordinance. Gary Schmitz indicated that the amortization period to remove the fence is one year and stated that Mr. Patenaude has been contacted by staff several times regarding the removal of the fence. Gary Schmitz further indicated that staff has continued to receive complaints from adjacent neighbors regarding the dangerous aspects of the fence and further indicated that Mr. Patenaude has refused to remove the fence. Peter Beck, City Attorney, indicated that this issue is on the agenda at his request. He stated that, at this point, the City has two options; one option would be to enforce the ordinance and the other option would be to amend the ordinance to allow barbless wire fences as boundary fences. Discussion was held regarding the safety issue of barbless wire fences in residential areas. It was the concern of the Council that these types of fences are not safe in residential areas and further that they are not conducive to a residential area. e COUNCILMEMBER HOLMGREN MOVED TO DIRECT CITY STAFF TO PROCEED WITH THE NECESSARY ACTION TO ENFORCE CORRECTION OF THE MATTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Gary Schmitz informed the Council that staff has been receiving other complaints regarding fences and questioned whether these fence complaints and concerns should be treated the same as Mr. Patenaude's. It was the consensus of the Council to have the City Attorney or City staff apprise Council of fence situations prior to going to court on any of these matters to correct the situations. 6. Council Updates There were no Council updates. 7. Check Register Lori Johnson, of $110,043 She indicated River $24,445 Finance Director, requested to add a check in the amount payable to the League of Minnesota Cities Insurance Trust. that Elk River Utilities will reimburse the City of Elk of this amount. e Councilmember Scheel questioned why the Council dais. Lori Johnson indicated that dais per the architectural design. It Council to pay Anderson Cabinets, and regarding this matter. City had to pay for a new the contractor designed the was the consensus of the City to contact the architect Elk River city Council Meeting september 20, 1993 Page 6 e COUNCILMEMBER SCHEEL AUTHORIZED STAFF TO CONTACT THE ARCHITECT REGARDING THE REDESIGN OF THE COUNCIL DAIS AND TO DETERMINE WHY THE CITY WAS RESPONSIBLE FOR PAYMENT OF THIS REDESIGN WHEN IT WAS AN ARCHITECTURAL ERROR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER WITH THE ADDITION OF THE CHECK TO THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST IN THE AMOUNT OF $110,043. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business City Flag - Mayor Duitsman stated that the City will be moving ahead with the City flag contest and suggested a prize of $100 in the form of gift certificates that can be used at any participating Chamber Member. It was the consensus of the Council to move ahead with a flag contest and to authorize the $100 gift certificate. e Burning - Councilmember Scheel stated she had received a complaint regarding the Fire Department practice burn on the home located on proctor Avenue and Highway 10. She indicated that the resident complaining was an asthmatic and had problems resulting from the fire. She stated that it would be best to have a policy requesting the Fire Department to notify area residents prior to a burn. It was the consensus of the Council to have Russ Anderson, Fire Chief, update the City Council on the policy of Fire Department practice bUrns. The City Council recessed at 6:55 p.m. and reconvened at 7:05 p.m. 8 . Open Mike No one appeared for this item. 9.1. Conditional Use Permit Request by Mark Palmer/Public Hearing/CU-93-18 Peter Beck, City Attorney, indicated that the issue of Mark Palmer selling guns from his home as a home occupation was tabled by the City Council at the August 16, Council meeting. He indicated that it was determined that Mr. Palmer does live in a legal, nonconforming duplex and the zoning ordinance does not allow home occupations from duplex units. He indicated that, for this reason, staff recommends that the conditional use permit be denied and that the application fee be refunded. Mayor Duitsman opened the public hearing. e Mark Palmer requested an explanation as to how his living in a duplex was overlooked from the beginning. He indicated that everybody knew that he lived in a duplex, including the Planning Commission. He requested to change the ordinance to allow home occupations from duplexes. He further stated that "it is business as usual". He indicated that he has been under an undue delay and it has been a waste of his time. Elk River city Council Meeting September 20, 1993 Page 7 e Linda Nogle, area resident, stated she would like Council and Planning Commission address issues businesses. Peter Beck, City Attorney, indicated have a strict adult oriented business ordinance. to see the City such as adult based that the City does There being no further comments, Mayor Duitsman closed the public hearing. Councilmember employee and allowing home Holmgren stated that City was not aware of the occupation from a duplex. Planner, Steven Ach, is a new City's ordinance requirement not The City Attorney stated that it would be appropriate to refund the application fee to Mr. Palmer because the application should not have been received under the existing ordinance. Robert Minton, Planning Commission Representative, indicated Planning Commission was also aware that Mr. Palmer lived in however, they were not aware of the ordinance requirement not home occupations from a duplex. that the a duplex, allowing Councilmember Scheel apologized for the delay on Mr. Palmer's request, however, she indicated she could not vote for the conditional use permit as it is against the City's ordinance. e COUNCILMEMBER HOLMGREN MOVED TO DENY THE CONDITIONAL USE PERMIT REQUEST BY MARK PALMER AND AUTHORIZED STAFF TO RETURN THE APPLICATION FEE AND REQUESTED THE PLANNING COMMISSION TO RESEARCH THE PROVISION IN THE CITY ORDINANCE WHICH RESTRICTS HOME OCCUPATIONS IN DUPLEX DWELLINGS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.2. Conditional Use Permit by Larry Leitschuh Elk River Theater/Public Hearing/CU-93-25 Steve Rohlf, Building and Zoning Administrator, indicated that a conditional use permit has been requested to amend the Elk River Plaza Development agreement expanding the theater from five to ten screens, eliminating a portion of interior mall corridor, and to increase the movie theater signage and modify the site plan. Steve Rohlf indicated that the Planning Commission reviewed the request and recommended approval with eight stipulations. He indicated that there is one outstanding issue concerning the height of the tower which staff may want to reconsider. He indicated that the height of the proposed tower is 50 feet and that the Elk River sign ordinance allows 35 feet. It was noted that the signage for the Elk River Mall was approximately 48 feet. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e Robert Minton, Planning Commission Representative, indicated that the Planning Commission reviewed the request and recommended approval and further stated that the Planning Commission did not see the 50 foot tower as an issue. e e e Elk River city Council Meeting September 20, 1993 Page 8 COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY LARRY LEITSCHUH OF THE ELK RIVER THEATER TO ALLOW THE EXPANSION OF THE THEATER FROM FIVE TO TEN SCREENS WITH THE FOLLOWING STIPULATIONS: 1. A SITE PLAN ILLUSTRATING DEMONSTRATED PARKING THAT MEETS CITY PARKING REQUIREMENTS BE SUBMITTED FOR STAFF REVIEW AND APPROVAL. 2. THE PROPOSED SITE PLAN MAINTAIN A MINIMUM 15 FOOT LANDSCAPED AREA ALONG FREEPORT AVENUE TO BE USED AS A BUFFER TO THE RESIDENTIAL AREA. 3. THE THEATER BE ALLOWED NO MORE THAN A TOTAL OF 1,020 SQUARE FEET OF SIGNAGE BE USED ON THE ENTIRE BUILDING. NO MORE THAN TWO 60 SQUARE FOOT PANELS MAY BE USED ON THE WEST BUILDING ELEVATION (FACING FREEPORT AVENUE) AND NO MORE THAN TEN 75 SQUARE FOOT PANELS FACING HIGHWAY 169. 4. THE PROPERTY OWNER BE RESPONSIBLE TO INSTALL ADDITIONAL PARKING SPACES, AS ILLUSTRATED ON THE APPROVED PLAN, IN THE EVENT THAT PARKING PROBLEMS ARISE IN THE FUTURE. 5. THE THEATER MUST TURN OFF SIGN LIGHTING AND CHASER LIGHTS 15 MINUTES FOLLOWING THE START OF THE LAST MOVIE OF THE DAY. 6. LANDSCAPED PLANTERS BE INCORPORATED WITH THE NEW SIDEWALK IN FRONT OF THE THEATER SITE. 7. NO CHASER LIGHTS BE USED ON ANY BUILDING ELEVATION EXCEPT FOR THE ARCHITECTURAL SIGN, WHICH MAY INCORPORATE CHASER LIGHTS. 8. APPROPRIATE SIGNAGE AND CROSSWALKS BE INSTALLED AS NECESSARY TO ASSURE SAFE PEDESTRIAN CROSSING FROM THE BUILDING TO THE PARKING AREA. 9. THE 50 FOOT TOWER BE ALLOWED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.3. Final Plat of North Mickelson/P-93-07 Addition David Joyce and by Meadows Steve Rohlf indicated that David and Joyce Mickelson are requesting final plat approval to subdivide 22.2 acres into eight single family lots. Steve Rohlf explained that after the final plat was drawn, it was determined that 30 feet of right-of-way is not owned by the developer. He indicated that the developer redrew the road to include the 30 feet of right-of-way. Steve Rohlf explained that during this redrawing, it was noted that 5 feet of right-of-way must be incorporated with the road. Elk River city council Meeting september 20, 1993 Page 9 e steve Rohlf indicated that there is also a row of pine trees which neighbors do not want disturbed during the platting. Mayor Duitsman opened the public hearing. Bill Mealio stated that he would like to have been notified of the changes in the road. Joyce Mickelson requested that the Council make a decision on the plat tonight. Mayor Duitsman requested staff to inform Mr. Mealio decision. steve Rohlf indicated that all neighbors will regarding the final decision on the placement of the road. of the final be contacted Margaret Guildemeister stated she is a neighboring resident and that she has been assured that there will be no further drainage problem resulting from this plat. She informed the Council that the neighbors are concerned regarding drainage problems as existing homes in the area are using sump pumps to keep their basements dry. Steve Rohlf indicated that the established for the four lots in drainage from the plat will not according to the city Engineer. lowest floor elevation has been the plat and indicated that the increase the flow of the County ditch e Mary Bistodeau indicated her concern regarding drainage as she indicated she can dig down one foot on her property and hit water. She further indicated that if the city Engineer has made a miscalculation regarding the drainage in this area, it could be disastrous to some of the existing residents. COUNCILMEMBER SCHEEL MOVED TO GRANTING FINAL PLAT APPROVAL FOLLOWING STIPULATIONS: ADOPT RESOLUTION 93-49, A TO NORTH MEADOWS ADDITION RESOLUTION WITH THE 1. STAFF VERIFY THAT THE ROAD PLANS ARE ACCURATE. 2. THE PINE TREES LOCATED SOUTH OF THE WEST END OF THE ROAD IN THE PLAT ARE NOT DESTROYED DUE TO ROAD CONSTRUCTION. 3. THE CITY ENGINEER RECHECK THE DRAINAGE PLAN TO BE SURE THAT HOUSES IN THE PLAT AND OUTSIDE THE PLAT WILL NOT FLOOD. 4. STAFF MEET WITH THE NEIGHBORS WHEN THE FINAL REVISED DRAWINGS OF THE FINAL PLAT AND PLANS AND SPECIFICATIONS ARE COMPLETED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 9.4. Conditional Use Hearing/CU-93~24 Permit Request by William Palmer/Public Gary Schmitz indicated that William Palmer is requesting a conditional use permit to construct a detached accessory building exceeding 1,000 e e e Elk River city Council Meeting September 20, 1993 Page 10 square feet in area and having a total of 1,408 square feet of accessory garage space. The location of the building is 11712 200th Avenue NW. The building will be used to store classic cars. Mayor Duitsman opened the public hearing. William Palmer indicated that the garage will be used strictly for storage of his classic cars. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY WILLIAM PALMER TO CONSTRUCT A DETACHED ACCESSORY BUILDING OF 1,408 SQUARE FEET WITH THE FOLLOWING STIPULATIONS: 1. THE GARAGE MAINTAIN THE SAME ARCHITECTURAL DESIGN AND EXTERIOR MATERIAL AS THE EXISTING HOME. 2. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH THE BUILDING PERMIT MINIMIZING THE LOSS OF EXISTING TREES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.5. Conditional Use Hearing/CU-93-28 Donald RObideau/Public Permit Request by Gary Schmitz stated that Donald Robideau is requesting a conditional use permit to encroach on the 300 foot setback for a metal skin building and to construct a metal skin pole building within a platted area. The location of the request is 10654 201st Circle NW. Gary Schmitz indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. Donald Robideau indicated that he is requesting the conditional use permit to use the building for storage. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL REQUESTED BY DONALD ROBIDEAU TO CONSTRUCT A METAL SKIN WITHIN A PLATTED AREA AND THAT THE BUILDING MAY ENCROACH FOOT SETBACK FROM THE NEIGHBORING DWELLINGS WITH STIPULATIONS: USE P~E ON THE PERMIT BUILDING THE 300 FOLLOWING 1. THE COLOR OF THE BUILDING MATCH THE EXTERIOR OF THE HOUSE. 2. THE STRUCTURE BE USED ONLY FOR STORAGE PURPOSES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River city Council Meeting September 20, 1993 Page 11 e Gary Schmitz informed concerned regarding accessory structures. like staff to review It was the consensus of Commission to review structures. the Council that the Planning Commission is the number of requests concerning metal skin and He stated that the Planning Commission would the ordinance relating to accessory structures. the Council to authorize staff and the Planning the zoning ordinance pertaining to accessory 9.6. Conditional Use Permit Request by David Gow/Public Hearing/CU-93-26 Gary Schmitz stated that David Gow is requesting a conditional use permit to construct a 2,000 square foot metal skin agricultural accessory structure within a platted area and to keep agricultural animals within a platted area. The location of the request is 20493 Meadowvale Road. The accessory structure will be located on a 20 acre parcel and be used as a stable for Mr. Gow's horses. Gary Schmitz indicated that the Planning Commission reviewed the request and recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DAVID GOW TO CONSTRUCT A 2,000 SQUARE FOOT METAL SKIN AGRICULTURAL ACCESSORY STRUCTURE WITHIN A PLATTED AREA AND TO KEEP AGRICULTURAL ANIMALS WITHIN A PLATTED AREA WITH THE FOLLOWING STIPULATIONS: 1. THE COLOR AND ROOF OF THE ACCESSORY STRUCTURE MATCH THE EXTERIOR OF THE HOUSE OR BE OF AN EARTH TONE COLOR. 2. WHEN THE AREA IS FURTHER SUBDIVIDED, THE ISSUE OF THE AGRICULTURAL USE WILL BE ADDRESSED. 3. THE ACCESSORY STRUCTURE BE SET BACK A MINIMUM OF 300 FEET FROM ANY NEIGHBORING DWELLING. 4. THE AGRICULTURAL FENCE BE SET BACK A MINIMUM OF 200 FEET FROM ANY NEIGHBORING DWELLING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.7. Conditional Use Permit Request by John Weicht/Public Hearing/CU-93-13 Gary schmitz stated that the Planning Commission recommended denial of this conditional use permit as the option agreement with the property owner has expired and, therefore, the application is no longer valid without the fee owner's consent. e COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT REQUESTED BY JOHN WEICHT TO OPERATE A BUS TERMINAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River city Council Meeting September 20, 1993 Page 12 e 9.8. Variance Request by Gerald and Cecelia Sneft/V-93-06 Gary Schmitz indicated letter requesting that reimbursed. that Gerald and Cecelia Sneft have submitted a their application be withdrawn and fee COUNCILMEMBER SCHEEL REQUEST BY GERALD AND FEE BE REIMBURSED. MOTION CARRIED 5-0. MOVED THAT NO ACTION BE TAKEN ON THE VARIANCE CECELIA SNEFT AND FURTHER THAT THE APPLICATION COUNCILMEMBER FARBER SECONDED THE MOTION. THE 10. Other Business WIF/Water Impact Fee Councilmember Farber indicated that he does not feel that the Water Impact Fee recently adopted by the City Council is fair in dealing with restaurants. He stated that when he voted to adopt the WIF he had no idea that restaurants would be paying the high amount of money that is required with this fee. e Lori Johnson, Finance Director, indicated that the fee equivalency units which are used by the metro area. Farber stated that he felt something more fair should be the present requirement will be counterproductive. is based on Councilmember developed as Councilmember Dietz indicated that when the Council discussed the WIF policy, he argued against the policy at that time. He further indicated that since the WIF has been initiated, the Utilities have planned for this fee in their budget. Mayor Duitsman requested Lori Johnson to discuss the options with Elk River Utilities and report back to the Council. Sewer Connection Time Period Councilmember Scheel requested to see a copy of the ordinance giving the people in Westwood two extra years to connect to City sewer. The City Clerk informed Councilmember Scheel that this ordinance was not adopted. Councilmember Scheel requested that this ordinance be brought to the Council for adoption. Sherburne County Abstract e Councilmember Deitz indicated that he had received a letter from Vern Draxler regarding the services from Sherburne county Abstract. He indicated that Mr. Draxler had a complaint regarding Sherburne County Abstract in that they were notifying residents in a larger area than the required 350 feet which cost the applicant more money. Gary Schmitz indicated that the City has become aware of this problem and will be changing services. He stated that the City will be suggesting that people use Sherburne County Mapping Department for this service in the future. e e e Elk River City Council Meeting september 20, 1993 Page 13 11. Adjournment There being THE MEETING. CARRIED 5-0. no further business, COUNCILMEMBER DIETZ MOVED TO ADJOURN COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION The meeting of the Elk River City Council adjourned at 8:12 p.m. Respectfully submitted, ~~~ City Clerk