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10-18-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 18, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney; Stephen Rohlf, Building and Zoning Administrator; Steven Ach, City Planner Also Present: Don Spotts, 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 10/18/93 City Council Agenda Item 4.4a., Completion Date for Bruce Addition Improvements, was added to the agenda. COUNCILMEMBER HOLMGREN AGENDA AS AMENDED. MOTION CARRIED 4-0. MOVED TO APPROVE THE 10/18/93 CITY COUNCIL COUNCILMEMBER FARBER SECONDED THE MOTION. THE 3.1. Consider 10/4/93 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/4/93 CITY COUNCIL MINUTES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider 10/11/93 City Council Minutes The City Clerk noted that Jeff Gongoll, Economic Development Authority President, should be added under "Also Present". COUNCILMEMBER FARBER MOVED TO APPROVE THE 10/11/93 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Scheel arrived at this time. 4.1. Presentation b~ Representatives of Camp Courage Wagon Train Roger Berg and Kyle Hunstad, representing Camp Courage Wagon Train, were present. Mr. Berg informed the Council that Camp Courage Wagon Train is planning to spend its layover days in Elk River on June 15 and 16. Mr. Berg indicated he was seeking support from the community for the two layover days in Elk River. Mayor Duitsman indicated that the Elk River City Council Meeting October 18, 1993 Page 2 e Council was in support of the Wagon Train spending its layover days in the City of Elk River. 4.2. Discussion of Tom Brindamour Drainage Issue Steve Rohlf reviewed a summary of events regarding the Tom Brindamour drainage issue. Mr. Rohlf stated that Mr. Brindamour purchased a lot in Ridgewood East Addition which was part of the former Township of Elk River in a plat approved by Sherburne County. He indicated that the lot is located downhill from surrounding property and is a natural drainage area. He further noted that it is staff's feeling that the placement of the house adjacent to the north of Mr. Brindamour's lot did not add to the drainage on his property. He also noted that staff felt that the lack of percolation on Mr. Brindamour's property resulted from the placement of clay-like material on the side slopes of the low area. Tom Brindamour stated that the placement of the house on Lot 9, Block 4, Ridgewood East has resulted in further drainage onto his property. He further indicated that there is no drainage easement on his property. He noted that he has taken a loss on his property and that there is more of a problem in the spring time. e Councilmember Farber noted that he does not agree with staff and the City Engineer's assessment of the situation. He stated he feels that the location of the house on Lot 9, Block 4, has resulted in more drainage onto Mr. Brindamour's property. The Council discussed the action the City has taken to date regarding the problem. Peter Beck, City Attorney, indicated that the City has requested that Mr. Brindamour sign a right-of-entry to allow the City to clean the pond and to reestablish the percolation and the turf. Mr. Brindamour indicated that the right-of-entry releases the City from any further responsibility. Peter Beck noted that the right-of-entry is for a one time basis only, but the right-of-entry also states that the City will review the situation if the problem is not solved. The City Administrator read the Street Superintendent's letter explaining exactly what the City would do to correct the situation. Tom Brindamour settlement from another piece property. indicated he is not interested in receiving a cash the city, however, he suggested that the City give him of property which has the same value as his existing Mayor Duitsman suggested that the City not change its original offer to Mr. Brindamour. Peter Beck suggested that Mr. Brindamour review the language and the right-of-entry with his attorney. e COUNCILMEMBER DIETZ MOVED TO GRANT THE SAME OFFER THAT WAS GRANTED TO MR. BRINDAMOUR IN JANUARY, 1993, ALLOWING A ONE TIME RIGHT-OF-ENTRY FOR THE CITY TO ACCESS THE PROPERTY AND CLEAN UP THE LOW AREA IN QUESTION AND FURTHER THAT MR. BRINDAMOUR'S LAWYER BE ALLOWED TO ALTER THE LANGUAGE IN THE RIGHT-OF-ENTRY TO LANGUAGE IF IT IS AGREED UPON BETWEEN THE CITY ATTORNEY AND MR. BRINDAMOUR'S ATTORNEY. COUNCI LMEMBER e e e Elk River City Council Meeting October 18, 1993 Page 3 HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Scheel and Farber opposed. Councilmembers 4.3. Environmental Update Building and Zoning Administrator Steve Rohlf updated the Council on. a recent meeting with MPCA and informed the Council that City staff and environmental consultants have been working with Sherburne County staff and their environmental consultants to gain consistency in regulatory efforts regarding the Elk River Landfill. Councilmember Holmgren noted that Dave Lucas has stated that the County is pleased with the cooperation and coordination of the City and County in this situation. 4.4. Fence Issue/Patenaude Building and Zoning Administrator Steve Rohlf informed the City Council that the Patenaude fence issue will be resolved without court action. 4.4a.Bruce Addition Developer's Agreement Extension Building and Zoning Administrator Steve Rohlf requested an extension to the Developer',s Agreement for the Bruce Addition due to problems with title work. COUNCILMEMBER HOLMGREN MOVED TO EXTEND BRUCE ADDITION TO AUGUST 1, 1994. MOTION. THE MOTION CARRIED 5-0. THE DEVELOPER'S AGREEMENT FOR COUNCILMEMBER SCHEEL SECONDED THE 4.5. Gopher Bounty City Clerk Sandy Thackeray informed the Council that she has taken a survey of twenty localities regarding payment of gopher bounty. She noted that ten of the twenty localities surveyed pay gopher bounty ranging from $.75 to $1.25. She stated that Sherburne County pays the City $.50 per gopher and after rece~v~ng the County's payment of $.50 per gopher the City averages about $82.00 per year for payment of gopher bounty. COUNCILMEMBER SCHEEL MOVED TO RAISE THE GOPHER BOUNTY TO $1.00 PER GOPHER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Application for Exemption from Lawful Gambling License for Church of St. Andrew City Clerk Sandy Thackeray stated that st. Andrew Catholic Church has made application for exemption from lawful gambling license to hold bingo on two different occasions. COUNCILMEMBER FARBER MOVED TO GRANT AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE CHURCH OF ST. ANDREW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting October 18, 1993 Page 4 e 4.7. Consider WWTP UV Building Bids and Review Project City Engineer Terry Maurer stated that the City received two bids for the disinfection building at the Wastewater Treatment Plant. He stated that both bids are unacceptable as the low bid was approximately twice the amount anticipated for the project. He suggested that the Council reject the bids and recommended that City staff act as the General Contractor and hire subcontractors to complete the various work items. This approach should allow the project to be completed within the project estimate. COUNCILMEMBER HOLMGREN MOVED TO REJECT CONSTRUCTION AND BARBARO SA CONSTRUCTION FOR PLANT UV BUILDING AND AUTHORIZE STAFF COUNCILMEMBER FARBER SECONDED THE MOTION. THE BIDS FROM GRIDOR THE WASTEWATER TREATMENT TO PROCEED WITH THE PROJECT. THE MOTION CARRIED 5-0. 4.8. Fresno Street Change Order e City Engineer Terry Maurer stated that Paul Bell has requested the City to reconstruct his entire driveway from his garage slab to the street. Terry Maurer stated that Mr. Bell's driveway was impacted the greatest in the Fresno Street project. Councilmember Dietz stated that there is some incline on all of the driveways, but he did not notice anything more significant in this project than in other projects. He stated that reconstruction of this driveway could set a precedent. Councilmember Scheel stated that she saw three driveways that were inclined and then leveled off. She indicated that Mr. Bell's concern regarding his boat motor hitting on the driveway from the leveling off area was legitimate. Councilmember Holmgren suggested taking the hump driveway so that he will not have a problem with his the bottom. out of Mr. Bell's motor hitting on COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY ENGINEER TO MODIFY PAUL BELL'S DRIVEWAY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. Terry Maurer informed the Council that this could cost anywhere from $1,500 to $2,000. The City Administrator indicated that there may be other people who will request that same treatment in this project. Councilmember Holmgren noted that his motion included only Paul Bell's driveway and no other driveways in the area. 4.9. Set Public Hearing to Consider Request for Tax Increment Financing Assistance (EDA Main Street Redevelopment Project) e Mayor Duitsman introduced Linda Frederickson. Linda Frederickson stated that she is aware that the Council is in the process of setting a public hearing to consider Tax Increment Financing (TIF) assistance for Kjellberg's Carpet and Interiors who are proposing to redevelop the Elk River City Council Meeting October 18, 1993 Page 5 e EDA Main Street Redevelopment Site. Linda Frederickson stated that she has a VLSLon for Elk River. Her VLSLon is to revitalize the downtown area and to establish a cultural corridor from Elk River to Becker which would help in drawing tourists to the area. She indicated that her dream consists of a dinner theater located along river property at the location of the EDA Main Street Redevelopment Site. She stated that she would like to see the City begin to refocus itself from Main Street to the river. She indicated she has talked to investors and consultants who feel the project would work. She further stated that she realizes her idea is only at the conceptual stage, but it deserves the time to develop the feasibility studies necessary to put the dream together. She further stated that she would need several months in order to put the project together. Councilmember Dietz questioned whether the City would be putting itself in a predicament by not moving forward with the request for TIF from Kjellberg's. Peter Beck, the City's Attorney, stated that the City could still go ahead with the TIF public hearing and until the City approves the project, Kjellberg's has no guarantee. Mayor Duitsman questioned if the TIF public hearing could be delayed to December 13, as he would be out of town until that date and would like to be present during the public hearing. e Linda Bulow of the Bruce Company stated that up to the point of the last meeting with the Economic Development Authority, all the plans were preliminary. However, since that meeting when the EDA public hearing was scheduled on the TIF Plan, the building plans have been going into the final stages and it is at this point that money has been spent by the developer. Councilmember Scheel stated that a theater may return the City's money sooner than the proposed retail redevelopment. COUNCILMEMBER HOLMGREN MOVED TO SCHEDULE THE TAX INCREMENT FINANCING PLAN NO. 12 PUBLIC HEARING ON DECEMBER 13, DUE TO THE ABSENCE OF THE MAYOR PRIOR TO THAT DATE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. City Administrator Pat Klaers informed the Council that the EDA has scheduled a public hearing for November 15, and stated that the EDA should be notified of the change in the Council public hearing date. He further informed the Council that if the Frederickson vision or dream does not become a reality, the City may lose the retail development proposed by Kjellberg. Councilmember Scheel stated that the City Council is obligated to do what is best for the City. Councilmember Dietz stated that he does not want to mislead the Bulow's, who are working with Kjellberg's. e Linda Bulow informed the Council that a delay could make it impossible to continue the Kjellberg project. She stated that Kjellberg's are running out of lease space at the present time and they need the 6,000 square feet. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Elk River City Council Meeting October 18, 1993 Page 6 e 4.10.November City Council Meetings Schedule Pat Klaers, City Administrator, reviewed the November city Council meeting schedule with the Council. He noted that there are no public hearings scheduled for November 1, and suggested that the Council cancel this meeting. COUNCILMEMBER HOLMGREN MOVED TO CANCEL THE NOVEMBER 1, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Administrative Subdivide 5.5 #P-93-13 Subdivision/John Acres Into Three Oliver and Industrial Lynn Caswell/Request to Lots/Public Hearing/Case City Planner Steve Ach stated that John Oliver and Lynn Caswell have applied for a preliminary plat to subdivide 5.5 acres into three industrial lots immediately north of County Road 1 and south of Meadowvale School. Mr. Ach noted that the Planning Commission recommended 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. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR JOHN OLIVER AND LYNN CASWELL WITH THE FOLLOWING CONDITIONS: 1. THE FINAL PLAT BE PREPARED IN ACCORDANCE WITH THE PRELIMINARY PLAT AND SUBMITTED TO THE CITY FOR APPROPRIATE SIGNATURES PRIOR TO RECORDING WITH SHERBURNE COUNTY. 2. THE EXISTING SANITARY SEWER LINE ALONG COUNTY ROAD 1 BE INSPECTED AND AS-BUILT UTILITY DRAWINGS BE PROVIDED PRIOR TO THE CITY ACCEPTING THE UTILITY LINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5 . Open Mike No one appeared for this item. 6.2. Conditional Use Permit/John Investments/Request to Operate Hearing/Case #CU-93-32 Weicht & Associates and Plaisted an Automobile Sales Business/Public e City Planner Steve Ach indicated that John Weicht and Associates and Plaisted Investments have requested a conditional use permit to operate an automobile sales lot along with an associated automobile repair. He stated that the location of the lot is Yale Street and U.S. Highway 10, Lots 4-8, Block 1, and Lot 1, Block 2, of the The Crossroads plat. He noted that Saxon Motors is proposing to construct an 18,700 square foot building on a 7.28 acre parcel. The building would include showroom space, office service area, and a parts and accessory department. He Elk River City Council Meeting October 18, 1993 Page 7 . stated that Saxon Motors would also utilize the vacant parcel next to NAPA Auto along Highway 10 for open sales of new vehicles. Steve Ach stated that although the Planning Commission recommended approval of the conditional use permit, there were several concerns. One of the main conCerns related to the project's appearance along Highway 10. He stated that the Planning Commission felt that development of this corridor should be designed providing an aesthetically pleasing and positive image of the City. Steve Ach indicated that the Planning Commission recommended to delete the curbing next to the proposed septic system and along the southern edge of the parking area. He further stated that staff has reviewed this issue and recommends that the curbing be installed as part of the initial development. He stated that the curb will protect the septic system from possible damage from vehicular traffic and further noted that the timing of future expansion is undetermined. steve Ach further indicated that the applicant has been informed that the City Council has discussed the possibility of the extension of water and sewer along east Highway 10 which may result in assessments to the property. He further noted that until water and sewer is extended, Saxon Motors will operate off of a private septic and well system. Mayor Duitsman opened the public hearing. e John Weicht, representing Saxon Motors, stated that Saxon Motors is requesting that curb and gutter next to the septic system and the southern edge of the parking area be deleted as it is their intention to expand in the near future. There being no further comments, Mayor Duitsman closed the public hearing. Don Spotts, Planning Commission Representative, stated that the Planning Commission's main concern was landscaping of the project along Highway 10. Councilmember Holmgren noted his concern regarding the display of vehicles on hard surfaced areas only. He requested that Number 11 of the conditions listed in the memo be changed so that it is clear that vehicles cannot be parked on anything other than hard surfaced areas. COUNCILMEMBER FARBER REQUESTED BY JOHN OPERATE AN AUTOMOBILE 4-8, BLOCK I, AND FOLLOWING CONDITIONS: MOVED TO APPROVE THE CONDITIONAL USE PERMIT WEICHT AND ASSOCIATES AND PLAISTED INVESTMENTS TO SALES LOT AND AN AUTOMOBILE REPAIR SHOP FROM LOTS LOT I, BLOCK 2, OF THE CROSSROADS PLAT WITH THE 1. THE DETAILS OF A SITE, LANDSCAPING AND GRADING PLAN BE REVISED AND APPROVED BY STAFF PRIOR TO CITY COUNCIL MEETING AND PRIOR ISSUING A BUILDING PERMIT. REVISIONS SHOULD ADDRESS CONCERNS BROUGHT UP BY THE CITY ENGINEER AND PLANNING COMMISSION. BEST Mfu~AGEMENT PRACTICES MUST BE FOLLOWED. e e e e Elk River City Council Meeting October 18, 1993 Page 8 2. ALL BILLBOARDS BE REMOVED FROM THE PROPERTY PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. APPROPRIATE PERMITS FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED FOR INSTALLATION AND INSPECTION OF ON-SITE SEPTIC SYSTEM. 4. PARKING AREA ADJACENT TO HIGHWAY 10 BE REDESIGNED LANDSCAPED AREA AND WILL IMPROVE THE IMAGE ALONG CORRIDOR BY INCLUDING A COMBINATION OF OVERS TORY TREES SHRUBS. TO THE AND INCREASE HIGHWAY 10 UNDERSTORY 5. ALL GRADING WITHIN MNDOT RIGHT-OF-WAY REQUIRES A PERMIT. 6. ENTIRE PARKING AND DRIVEWAY AREA BE BOUNDED BY CONCRETE CURB AND GUTTER. 7. LOT 4 THROUGH LOT 8, BLOCK 1, THE CROSSROADS BE COMBINED INTO ONE PARCEL. 8. DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 5, 6, 7, AND 8, BLOCK 1, BE VACATED. 9. GRADING WITHIN TREE AREA BE MINIMIZED TO PROTECT AS MANY TREES AS POSSIBLE. 10. A TREE PROTECTION PLAN BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO GRADING AND ISSUANCE OF BUILDING PERMIT. 11. DISPLAY OF VEHICLES MUST OCCUR ON HARD SURFACED AREAS ONLY. 12. ONE FREESTANDING SIGN INSTALLED IN ACCORDANCE WITH CITY CODES BE PERMITTED AS PART OF THIS CONDITIONAL USE PERMIT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Easement Vacation by Weicht & Associates Investments/Public Hearing/Case #EV-93-04 along with Plaisted City Planner Steve Ach noted that Weicht and Associates and Plaisted Investments have requested an easement vacation of a drainage and utility easement along side lot lines in The Crossroads plat. 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 ADOPT RESOLUTION 93-64, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS IN THE CROSSROADS PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Variance/The Chuba Company/Side Hearing/Case #V-93-07 Yard parking Setback/Public City Planner Steve Ach indicated that Dennis Chuba has requested a ten foot variance to the required ten foot side yard parking setback for 317 and 327 Main Street. Steve Ach indicated that The Chuba Company is Elk River City Council Meeting October 18, 1993 Page 9 proposing to construct an office building at the southeast corner of Freeport Avenue and Main Street that will compliment the existing office building immediately to the east. He indicated that the proposed parking area between the two buildings would abut the common property line, infringing upon the required ten foot parking setback. The concept proposed is a shared parking arrangement between the two office buildings. Steve Ach indicated that the Planning Commission unanimously recommended approval of the request. 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 TEN FOOT VARIANCE TO THE REQUIRED TEN FOOT SIDE YARD PARKING SETBACK REQUESTED BY DENNIS CHUBA BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE A CHANGE IN PROJECT DESIGN THAT WOULD BE LESS DESIRABLE. 2. THE PROJECT IS UNIQUE CONTRACTOR AND HAS SHARED PARKING. BECAUSE IT FACILITIES IS AND DEVELOPED BY COMMON SPACE THE SAME SUCH AS 3. LITERAL APPLICATION OF PROVISIONS OF THIS ORDINANCE WOULD PREVENT COMPLIMENTING DEVELOPMENTS WITH SHARED PARKING ARRANGEMENTS FROM OCCURRING. 4. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENCE OR NEIGHBORS, AND AS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Conditional Use Permit Request by Glen Ertel/Request to Construct a Metal-skin Structure Greater Than 1,000 Square Feet/Public Hearing/Case # CU-93-27 Steve Ach stated that Glen Ertel has requested a conditional use permit to construct a detached non-agricultural metal-skin accessory building exceeding 1,000 square feet in size. He indicated that the total square footage of the structure is 2,280 square feet and the building will be located at 19075 Twin Lakes Road. Steve Ach indicated that the Planning Commission unanimously recommended approval of the conditional use permit. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE GLEN ERTEL TO CONSTRUCT A 2,280 SQUARE FOOT DETACHED ACCESSORY BUILDING WITH THE FOLLOWING CONDITIONS: PERMIT FOR METAL-SKIN 1. THE COLOR OF THE BUILDING BE COMPATIBLE TO THE EXTERIOR OF THE HOUSE. Elk River City Council Meeting October 18, 1993 Page 11 e 6.7. Conditional Use Permit Request by Betty Marx/Home Occupation of Tailoring and Crafts/Public Hearing/Case #CU-93-29 City Planner conditional use her home. He and recommended Steve Ach stated that Betty Marx is requesting a permit to operate a tailoring and craft business out of stated that the Planning Commission reviewed the request approval with five conditions. 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 BETTY MARX TO OPERATE A TAILORING AND CRAFT BUSINESS OUT OF HER HOME WITH THE FOLLOWING CONDITIONS: 1. THE HOURS OF OPERATION BE AS PER CITY CODE. 2. NO OTHER EMPLOYEES ARE ALLOWED WITH THIS HOME OCCUPATION. 3. THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR TWO CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS. 4. SIGNAGE BE LIMITED TO TWO SQUARE FEET, MOUNTED FLAT ON THE WALL OF THE DWELLING. e 5. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THAT THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Code Amendment for Zero Lot Line Developments City Planner Steve Ach stated that staff is requesting an amendment to the zoning ordinance which would allow zero lot line developments as conditional uses in all multi-family, C2, C3, and industrial zones. Steve Ach indicated that the present ordinance allows zero lot line developments in all multi-family zoning districts, C2, and C3 zoning districts. He stated that the proposed amendment would expand and include both the light and heavy industrial zoning districts and also apply to parking facilities. The primary purpose for the amendment is to clarify the administration of zero lot line developments. Steve Ach indicated that the Planning Commission unanimously recommended approval of the ordinance amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 93-11, AN ORDINANCE AMENDING SECTIONS 900.08, 900.12, AND 900.20, OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO MAKE ZERO LOT LINE DEVELOPMENT A CONDITIONAL USE IN CERTAIN RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ZONING DISTRICTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting October 18, 1993 Page 12 e 7. Check Register COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. City Council Updates There were no Council updates. 9. Other Business/Staff Updates Pat Klaers distributed a handout Avenue sidewalk improvements. scheduled to begin during the week funding has been approved in lieu project. from He of of Terry Maurer regarding Jackson stated that the construction is October 18, and that turnback Minnesota State Aid funds for this 1994 Estimated Tax Rates e The City Administrator distributed the 1994 Estimated Tax Rate information from the County Auditor's Office. Councilmember Holmgren suggested that Ramona Doebler from the County Auditor's Office make a presentation to the City Council explaining comparison of tax rates between other cities and townships. It was the consensus of the Council to request Ramona Doebler to make a presentation to the Council some time in January, 1994. 10. Executive Session of City Council The City Council recessed at 8:06 p.m. to meet in Executive Session. 11. Reconvene Regular City Council Meeting The City Council reconvened at 8:16 p.m. following the Executive Session of the City Council. Gary Santwire approached the City Council and questioned the action taken by the Council to extend the public hearing date for the Tax Increment Financing for the EDA Main Street Redevelopment Site (see Agenda Item 4.9.). He indicated that final plans have begun by the developers for the redevelopment of the site. He further indicated that expenses have been incurred by the developers and questioned if the developers should proceed to spend money. Gary Santwire informed the Council that there is a clear intent to take this project to the end. He further stated that the Council is aSking that the developer spend a great deal of money knowing that they could be in competition. Gary Santwire questioned whether the developer could be granted a 45-day Exclusive Option. e Mayor Duitsman indicated that the detail presented to the Chris Bulow was not enough for the EDA to make an EDA by the intelligent e e e E~k River city Counci~ Meeting October 18, 1993 Page 13 decision. He indicated that the Council does want to see a project at the site and further stated that anyone can bring a project forward at this time. He further indicated that setting the public hearing date does not automatically ensure that TIF funds will be granted to the Mr. Bulow. Councilmember Holmgren stated that his motion to extend public hearing to December 13, was done as a courtesy to the Mayor so that the Mayor could be present during the public hearing. Mayor Duitsman noted that the Council would consider the request for Tax Increment Financing at the public hearing scheduled for December 13. 12. Adjournment There being no further ADJOURN THE MEETING. MOTION CARRIED 5-0. business, COUNCILMEMBER HOLMGREN MOVED COUNCILMEMBER FARBER SECONDED THE MOTION. TO THE The meeting of the Elk River City Council adjourned at 8:30 p.m. Respectfully submitted, I s4~~ (), Sandra A. Thackeray City Clerk