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05-20-1991 CC MIN e e It MEE'l'ING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 20, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Peter Beck, City Attorney; Steve Rohlf, Building and Zoning Administrator; Gary Schmitz, Recycling Coordinator; and Janelle Szklarski, Zoning Assistant ALSO PRESENT: Rita Johnson, Planning Commission Chair; Al Nadeau, Planning Commission Representative; Mary Eberley, Planning Commission Representative; Matt Ledvina, Environmental Consultant 1. Call meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 5/20/91 A~enda The following amendments to the agenda were made: Item 5.12 - tabled until July 15 Item 5.17 - tabled until June 17 Item 5.6 - Moved to Item 5.1 COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 5/20/91 AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 5-0. AGENDA AS THE MOTION 3. Open Mike Rita Johnson, Planning Commission Chair, reported on the State Planning Commission Conference. She indicated that the conference was an outstanding success and gave thanks to the office staff and Council for their encouragement and assistance in Elk River's participation in the Conference. Mrs. Briggs commended John Dietz for his job as a Councilmember. Dave Plude, Jr. indicated that he was present on behalf of the Elk River Hardware Store. He stated that he was contacted by City staff regarding the pop machine, bench and merchandise that is outside in front of the Hardware Store. He indicated he has been informed that City Council Minutes May 20, 1991 Page 2 e it is the Council's wish that the merchandise and pop machine be removed from the sidewalk in front of the Store. Mayor Tralle indicated that he has received complaints regarding the merchandise because it blocks and impedes traffic on the walkway. Dave Plude indicated that he consulted staff as to whether there is an ordinance restricting the placement of pop machines on the sidewalk in front of his store. He stated he was informed by staff that no license is required for pop machines, however, a four foot clearance must be maintained in front of the machine. He stated that there is a a seven foot clearance in front of his pop machine. He further stated that before the fire, when the Elk River Hardware was located on the other side of Main Street, merchandise was displayed outside daily, and he questioned why this issue was not addressed at that time. He further indicated that if this issue is to be addressed wi th the Elk River Hardware Store, then it should also be addressed with other establishments in the City. e Councilmember Kropuenske stated that he did not feel it was aesthetically proper, especially since the 1988 Main Street beautification project, to have the pop machine outside of the Store. It was the consensus of the City Council that the merchandise and pop machine be removed from the sidewalk by the end of the week, but the bench can remain. 4.1. Consider 4/29/91 City CouncillPlanninl! Commission Work Session Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE COUNCIL/PLANNING COMMISSION WORK SESSION MINUTES. DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4/29/91 CITY COUNCILMEMBER 4.2. Consider 5/6/91 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 5/6/91 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Consider 5/6/91 Closed Session City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 5/6/91 CLOSED SESSION CITY COUNCIL MINUTES. COUNCILMEMBER DIE'l'Z SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6 Conditional Us_e Permit by Elk River Utili ties e Elk River Municipal Utili ties requested the Council to reconsider their request for an addition to a storage building on their site located at 1705 Main Street. Bill Birrenkott, Elk River Utilities Superintendent, indicated that he is proposing alterations to the building to alleviate the City Council's concerns regarding the appearance of the addition. The alterations consist of reducing the size from 5,000 square feet to 4,800 square feet and by placing City Council Minutes May 20, 1991 Page 3 e decorative brick on the corners and middle of the east side of the building facing Mrs. Briggs's home. Councilmember Dietz questioned whether Mrs. Briggs was content with the revisions made by Elk River Utilities. Mrs. Briggs indicated that she felt comfortable with the proposed alterations. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ELK RIVER MUNICIPAL UTILITIES TO ADD A 4,800 SQUARE FOOT ADDITION TO THE EXISTING BUILDING LOCATED AT 1705 MAIN STREET WITH THE FOLLOWING STIPULATIONS: 1. THAT NO HAZARDOUS OR DANGEROUS ITEMS BE ALLOWED TO BE STORED IN THE PROPOSED STRUCTURE. 2. THAT EVERGREENS BE PLANTED ON THE EASTERN SIDE OF THE PROPOSED STRUCTURE TO HELP SCREEN THE STRUCTURE FROM THE ADJACENT RESIDENTS. 3. THAT PARKING AND DRIVE AREAS BE PAVED AND STRIPED, AND THAT THE PARKING SHOWN ON THE SITE PLAN BE AT 90 DEGREE ANGLE. e 4. THAT DETAILS FOR DRAINAGE BE APPROVED BY STAFF WITH SPECIAL CONSIDERATION GIVEN TO AVOID EROSION TO THE ELK RIVER. 5. THAT THE METAL SKINNED EXTERIOR BE CONSISTENT WITH THE ORIGINAL PORTION OF THE BUILDING. 6. THAT NO OUTSIDE STORAGE BE ALLOWED EXCEPT FOR POLES IN COLD STORAGE AREA. 7. THA'l' 'l'HE BUILDING BE FACED WITH DECORATIVE BRICK IN THE MIDDLE ON THE EAST SIDE AND ON THE CORNERS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Consider Amendment to Condi tional Use Permi t-Dilliard' s Hall by Allaire Wilspn This item was withdrawn per the applicant's request. 5.2. Conditional Use Permit-Gas Station and Convenience Store by Holiday Station Stores This item was withdrawn per the applicant's request. 5.3. Consider Conditional Use Permit-Solid Waste Facility Proposal hy Elk River Landfill/Public Heari.n.g e Steve Rohlf, Building and Zoning Administrator, indicated that Elk River Landfill's conditional use permit and solid waste license were up for renewal. The main issues center around the time frames for the completion of the remedial investigation and for finishing the final cover on the north slope of the original landfill cell.. Steve City Council Minutes May 20, 1991 Page 4 e Rohlf explained that staff is requesting that the final cover on the north slope be finished by November 1, 1992, and that the remedial investigation be finished by March of 1992. He indicated that the Landfill is proposing to finish the remedial investigation by March of 1993. Steve Rohlf explained that these are the only two items on which the staff and Landfill disagree. Al Nadeau, Planning Commission Representative, recommended approval of the renewal with conditions found in staff's memo. Chris Kreger, Vice President of the Elk River Landfill, indicated that he agrees with the time table that staff is proposing and feels that it is environmentally sound, but not economically feasible. He stated he cannot complete the two issues during staff's recommended time table. Chris Kreger further indicated that Elk River Landfill was not the low bid on the Hennepin County and Anoka County contracts and without assistance from the County or from these two contracts, he would not be able to meet the time table financially. Mayor Tralle opened the public hearing. 'I'here being no one for or against the matter, Mayor Tralle closed the public hearing. e Mayor Tralle indicated that he had a concern with the Landfill's proposal regarding the reduction of Landfill taxes by 10% if the tasks are accomplished by staff's deadline. He further indicated that his concern was based on the fact that the City would be giving the Landfill 10% of the tax when the City cannot be totally sure of the amount of money the Landfill is making. Steve Rohlf indicated that the estimated average Landfill tax of $16,000 per month was last year's average and this year that average has dropped. Peter Beck, City Attorney, stated that the difference the City is having with the.. Elk River Landfill is a year's time frame in proceeding with remedial action at the landfill. He indicated that staff was basing their time frame on the City's Environmental Consultant. Matt Ledvina, and are proposing negative incentives to the Elk River Landfill. The message staff is sending is that the Elk River Landfill should devote all of its resources to cleanup before it diverts resources to codisposals and other activities. He indicated that at the Planning Commission hearing, Mrs. Kreger proposed positive incentives which the Council may want to consider. e Councilmember Kropuenske stated that he has a problem with paying tax on surcharge dollars to the Landfill for requirements that must be met. Councilmember Schuldt indicated that he agreed with Councilmember Kropuenske and that the tasks required to be completed by Mr. Kreger are required by the City, the County, and the State and he does not feel that money should be paid in order to get Mr. Kreger to comply. Mayor 'l'raUe indicated that the Planning Commission is recommending positive financial incentive and staff is recommending ramifications for noncompliance. Pat Klaers suggested tying the City Council Minutes May 20, 1991 Page 5 e City's proposed contribution to the County's contribution as the County receives more funds than the City. Matt Ledvina, the City's Environmental. Consultant, indicated that the MPCA does not offer incentives to applicants for meeting permit requirements. Councilmember Holmgren requested that the City Attorney develop alternatives to this situation that would accomplish the main objective which is for Mr. Kreger to be in compliance with the State's and City's regulations. Mayor Tralle stated he would like to see the City staff work with the County on the financial issue. It was the consensus of the Council that a joint meeting be held with representati ves from the Ci ty and County Staffs, Councilmembers and Commissioners to discuss this issue. COUNCILMEMBER KROPUENSKE MOVED TO TABLE THIS ITEM. DIETZ SECONDED THE MOTION. COUNCILMEMBER The City Attorney, Peter Beck, requested direction from the City Council regarding the conditional use permit and solid waste license. He indicated that parts to the license other than the remedial time frame question can be drafted at this time so as to be ready to present when the remedial time frame question is resolved. e Steve Rohlf, Building and Zoning Administrator, indicated that staff's recommendations, which are listed in the Planning Commission memo from the Building and Zoning Administrator dated April 16, 1991, could be considered by the Council and drafted by the Attorney. He stated that Item #2 could be deleted until the time frame is decided on for the remedial investigation. Gary Schmitz, Recycling Coordinator, indicated that the Council may also want to consider Items 1-6 in his memo to the Mayor and City Council regarding yard waste composting at the Elk River Landfill site. It was the consensus of. the Council to concur with the six items listed in the May 16 memo regarding yard waste composting at the Elk River Landfill and further that staff's time frame with the environmental issues be adhered to and that the seven recommendations in staff's memo dated April 16, 1991, with the deletion of item #2 be adhered to. THE MOTION CARRIED 5-0. 5.4. Consider Solid Waste License Renewal Landfill/Public Hearin~ for the Elk River e COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE SOLID WASTE LICENSE RENEWAL FOR THE ELK RIVER LANDFILL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes May 20, 1991 Page 6 e 5.4.A. Consider Yard Waste Compostin~ at Elk River Landfill It was the consensus of the City Council to approve the yard waste composting at the Elk River Landfill with the six stipulations listed in the memo to the Mayor and City Council from the Recycling Coordinator dated May 16, 1991. 5.5. Condi tional Use Permit for a Temoorary Mobile home by Joe Nathe/Public Hearin~ Steve Rohlf indicated that Mr. Nathe is requesting a conditional use permi t to allow a temporary mobile home to be located on a 56 acre parcel zoned R-1a in conjunction with an existing agricultural operation. He stated that Mr. Nathe is requesting to have this mobile home for approximately five years at this location. Al Nadeau, Planning Commission Representive, indicated that the Planning Commission reviewed the request and recommended approval based on the six stipulations proposed by staff. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCI LMEMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY JOE NATHE TO ALLOW A TEMPORARY MOBILE HOME TO BE LOCATED ON HIS 56 ACRE PARCEL OF LAND FOR APPROXIMATELY FIVE YEARS WITH THE FOLLOWING CONDITIONS: 1. THAT THE MOBILE HOME BE REQUIRED TO HOOK UP TO THE EXISTING SEPTIC AND WELL ON THE SITE. 2. THAT THE MOBILE HOME BE IN THE GENERAL LOCATION OF THE OLD FARM HOUSE SO THAT IT IS SHELTERED FROM VIEW FROM SURROUNDING PROPERTIES. 3. THAT SETBACKS FROM THE MISSISSIPPI RIVER BE MET BY THE MOBILE HOME. 4. THAT THE MOBILE HOME MEET STATE BUILDING CODE REQUIREMENTS INCLUDING ANCHORING REQUIREMENTS, STATE CERTIFIED MOBILE HOME AND BUILDING PERMIT. 5. THAT THE MOBILE HOME IS ALLOWED TO REMAIN FOR FIVE YEARS AND THAT IT IS REVIEWED ON A TWO YEAR BASIS CONSISTENT WITH THE CITY ORDINANCE. 6. THAT THE SITE CAN NOT BE SOLD UNLESS THE MOBILE HOME IS REMOVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.7. Variance ReQuest by St. Andrew's Church/Public Hearin~ Case V-91-004 Janelle Szklarski, Zoning Assistant, indicated that St. Andrew's Church is requesting a variance for the height of a skylight on the City Council Minutes May 20, 1991 Page 7 e new proposed church. She indicated that the proposed skylight is 66 feet high and in an R-1c zone structures cannot exceed 40 feet. Janelle Szklarski also indicated that according to the zoning ordinance, ornamental towers are allowed to exceed the normal height restrictions by 100% and according to the site plan there is a tower on the site which measures roughly 80 feet high. Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended that no variance was needed because the skylight met the exception for the height requirements. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED THAT NO VARIANCE BE REQUIRED FOR THE SKYLIGHT ON THE NEWLY PROPOSED CHURCH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Conditional Use Permit by St. Andrew's Church/Public HearinJl e Janelle Szklarski, Zoning Assistant, indicated that St. Andrew's Church is requesting a conditional use permit to construct a new church facility located at the corner of Irving Avenue and 4th Street. Ms. Szklarski indicated that the Planning Commission recommended approval of the conditional use permit with 11 stipulations. She indicated that there has been some new information regarding the conditional use permit since the Planning Commission's recommendation. She indicated that 315 parking stalls are required and that St. Andrew's site plan is short seven stalls. She further indicated that if storm sewer is installed, it is suggested by the City Engineer that the open cutting of Gates Avenue be repaired wi thin 24 hours. Janelle Szklarski stated that the City Engineer also indicated that three catch basins should be provided in the final drainage plan. Councilmember Dietz questioned whether the playground size was sufficient. The Zoning Assistant indicated that she was not aware of any standards for playgrounds for private schools. Mayor Tralle opened the pUblic hearing at this time. Larry Toth indicated that he was a representative from St. Andrew's Church and stated that the Church Council also had a concern regarding the playground but they did feel that having the playground in a blacktopped area was sufficient. He further indicated that the Church was not opposed to adding the other seven parking stalls. He stated that the total number of parking stalls required is under the condition that the Church would be filled to capacity and he further indicated that the Church is rarely ever full to capacity. e There being no further business, hearing. Mayor Tralle closed the public City Council Minutes May 20, 1991. e e e Page 8 COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ST. ANDREW'S CHURCH TO CONSTRUCT A NEW CHURCH FACILITY LOCATED AT THE CORNER OF IRVING AND 4TH STREET WITH THE FOLLOWING STIPULATIONS: 1. THAT NO VARIANCE IS NEEDED FOR THE HEIGHT OF A SKYLIGHT. 2. THAT THE PARKING LOT BE HARDSURFACED WITH CONCRETE CURB AND GUTTER. FURTHER, THAT THE NUMBER OF PARKING STALLS SHOWN ON THE SITE PLAN IS ADEQUATE. 3. THAT THE NINE STANDARDS FOR LIGHTING, AS SHOWN ON THE SITE PLAN, BE PROVIDED IN THE PARKING LOT. FURTHER, THAT THE STANDARDS BE INCREASED TO THREE FOOT CANDLES WITHIN THE LOT. 4. THAT THERE BE AN EXIT-ONLY OFF OF IRVING AVENUE. 5. THAT THE APPLICANT WORK WITH THE ELK RIVER MUNICIPAL UTILITIES IN RELOCATING THE ELECTRIC LINE. 6. THAT A CASH SURETY IN AN AMOUNT TO BE DE'l'ERMINED BY THE CITY ENGINEER BE REQUIRED FROM THE CONTRACTOR PRIOR TO OPEN CUTTING OF 4TH STREET. RESTORATION OF 4TH STREET SHOULD BE A MINIMUM OF FIVE INCHES OF AGGREGATE BASE AND 2 1/2 INCHES OF BITUMINOUS. SAID RESTORATION SHOULD BE COMPLETED WITHIN 72 HOURS OF OPEN CUTTING. RESTORATION OF GATES AVENUE, FOR STORM SEWER EXTENSION, SHOULD INCLUDE REPLACEMENT WITH A SIMILAR SECTION AS EXISTS AND SHOULD BE COMPLETED WITHIN 24 HOURS. 7. THAT LANDSCAPING BE PER CITY CODE. FURTHER, THAT SCREENING TO THE HEIGHT OF FIVE FEET WITH 80% OPACITY ALONG THE NORTH AND EAST SIDES OF THE PARKING LOT BE REQUIRED. 8. THAT THE FINAL DRAINAGE AND GRADING PLAN BE APPROVED BY CITY ENGINEER, TERRY MAURER. 9. THAT THE APPLICANT OBTAIN A DRAINAGE EASEMENT FROM THE PROPERTY OWNER TO THE EAST FOR INSTALLATION OF A 21 INCH STORM SEWER PIPE AND THAT THE WIDTH OF THIS EASEMENT BE AT LEAST TWICE THE DEPTH OF THE PIPE. FURTHER, THAT IF AN EASEMENT CANNOT BE OBTAINED FROM THE PROPERTY OWNER, THAT THE APPLICANT WILL PROVIDE STORM SEWER PIPE TO 4TH AVENUE AND THEN EAST TO GATES AVENUE. 10. THAT THE DUMPSTER BE SCREENED TO AT LEAST THE HEIGHT OF THE DUMPSTER WITH MATERIALS THAT ARE ARCHITECTURALLY HARMONIOUS WITH THE BUILDING AND THAT THIS DUMPSTER AREA IS CAPABLE OF HANDLING RECYCLABLES. 11. THAT ALL SIGNAGE ON THIS SITE BE AS PER CITY CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:35 and reconvened at 8:43 p.m. City Council Minutes May 20, 1991 Page 9 e 5.10. Conditional Use Permit Request by David Berants/Public Hearin~ Case #CU-91-007 Janelle Szklarski, Zoning Assistant, indicated that David Berants is requesting a condi tional use permi t to have one horse on his 2 1/2 acre parcel of property. Al Nadeau indicated that the Planning Commission recommended approval of the conditional use permit for one horse. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Kropuenske indicated that he had received a call from a neighboring resident. He indicated that the caller expressed a complaint regarding the fact that the horse was not shod and, therefore, was riding on the lawns of the neighbors rather than the street. Ms. Berants indicated that the horse was not shod and that the horse has been riding in the ditches. She indicated that she does have plans to shod the horse. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW THE APPLICANT TO HAVE ONE HORSE ON HIS PROPERTY LOCATED AT 19101 TYLER STREET NW, WITH THE FOLLOWING STIPULATIONS: e 1. THAT THE SHED BE SETBACK 300 FEET FROM ANY NEIGHBORING DWELLING. 2. THAT ANY FENCED IN AREA BE SETBACK AT LEAST 200 FEET FROM ANY NEIGHBORING DWELLING. 3. THAT MR. BERANTS BE LIMITED TO ONE HORSE ON THE SITE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Tralle requested that the horse be shod so that it can ride in the streets, rather than in the ditches. 5.12. Conditional Use Permit Request by Assembly of God Church Mayor Tralle noted that although this item has been tabled at the request of the applicant until July 15, he would receive public input at this time. e Al Fisher, 11946 196th Avenue NW, indicated objection to the request from Elk River Assembly of God Church to operate a daycare facility to accommodate up to 59 children. He stated he bought his property to be in a private area. He felt that the existing church has not kept the area surrounding the church clean and orderly and indicated that there were traffic problems relating to the church in the area. He further stated that the "garage" for which they received a permit is a house. He stated that it is the intention of the Church that the "garage" be a residence for out-of-town guests. He questioned the long range intent of the Church. City Council Minutes May 20, 1991 Page 10 e Brian Moran, 11957 196th Avenue, stated that he is also a neighboring resident and is in opposition to the conditional use permit request. He stated that the Assembly of God Church has not been honest in dealing with the City and has not been telling the whole story. He further indicated that there are already traffic problems in the area because of the Church. Mayor Tralle submitted a letter for the record from Gerald and Ri ta Sauk of 11979 195th Circle. The letter indicated the Sauk's opposition to the request. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE CONDITIONAL USE PERMIT REQUEST BY THE ASSEMBLY OF GOD CHURCH TO JULY 15, 1991, AT 7 :00 P.M. AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Conditional Use Permit by Char les Nah:/Public Hearin~ Case #CU-91-012 Janelle Szklarski indicated that Charles Naig is requesting a condi tional use permi t to allow the construction of an addi tional accessory structure on his site located at 20701 Elk Lake Road. e Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY CHARLES NAIG AT 20701 ELK LAKE ROAD TO CONSTRUCT AN ADDITIONAL ACCESSORY STRUCTURE ON HIS PROPERTY WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PROPOSED S'l'RUCTURE NOT BE ALLOWED TO HAVE METAL SIDING AS IT DOES NOT MEET THE REQUIRED SETBACKS OF 300 FEET FROM NEIGHBORING DWELLINGS. 2. THAT THE PROPOSED STRUCTURE BE USED FOR STORAGE ONLY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Zone Chan~e Reauest by Jerry Ha~en from PUD to C-3 Hi~hwaY Commercial/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, indicated that Jerry Hagen is requesting a zone change request on a portion of a parcel of property from Planned Unit Development (PUD) to C-3 highway commercial. e Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended denial of the request because they felt the entire parcel should remain a PUD due to the sensitivity of the area. He stated that denial of the zone change was not denial of City Council Minutes May 20, 1991 Page 11 e the commercial activity, but rather that the area should be developed under the control of a PUD. Steve Rohlf, Building and Zoning Administrator, indicated that the underlying land use of the property is highway business on the west side of the site. Steve Rohlf further indicated that he received a phone call from Jay Albrecht of 11369 192nd Avenue who was opposed to staff's compromise and felt that the Council should consider the Planning Commission's recommendation to have the area remain as a PUD. Mayor Tralle questioned Mr. Hagen as to why he is requesting a rezoning to C-3. Jerry Hagen stated that the site seems to be appropriate for C-3 zoning. He further indicated that he has more flexibility with the C-3 zoning and that it will ensure a better development. Jerry Hagen further commented that he will be leaving over half of the trees in the area and further stated that the efficiency and timing of going through a PUD is a concern. e Mayor Tralle questioned why the Building and Zoning Administrator feels it is appropriate to rezone to a C-3 after the extensive study that was completed for the Focus Area Study. Steve Rohlf indicated that staff's suggestion to rezone a portion of the property C-3 is only a compromise to the situation. He further indicated that the intent of the Focus Area Studies in zoning the area pun was to keep all of the property from becoming commercial property. Mayor Tralle opened the public hearing. Peter Logas, of 11380 192nd Avenue NW, indicated that he to see the environmental integrity of the area preserved. he believed that this could happen if the residents were become part of the decision making process. He stated he to see the area maintained as a PUD and would like to see of the trees preserved. would like He stated allowed to would like a majority Jim Reiners, of 11393 192nd Avenue NW, indicated he would like the property to remain as a PUD and suggested putting residential home sites on part of the property. Jean Harris indicated that if the area had been zoned C-3 before they moved in, they would not have bought the home. She stated they are new residents in Elk River and would like to see the area remain as a PUD. Jim Harris indicated that part of the decision to move into Elk River was the terrain of the country, the community and the wildlife. He indicated he was concerned about the erosion of the property and the integrity of the neighborhood. e Jerry Zeise, of 11331 192nd Avenue, indicated he would like to see a buffer to the back (east side) of the proposal. He stated that the rains could ruin the marsh area. He stated that a PUD would give him the right to voice his opinion when development is proposed on the site in the future. City Council Minutes May 20, 1991 Page 12 e Scott Shamon, 192nd Avenue, questioned what input the public would have regarding barriers if the land is zoned C-3. Mayor Tralle explained the process of going through both a PUD and a zone change to a C-3. Steve Rohlf explained that the applicant would go through the platting process after rezoning to C-3. Discussion was held regarding Planned Unit Developments and the fact that sometimes it is the intention of the developer to gain more flexibility by going through a PUD. Scott Shamon stated he would like to see the northeast line drawn a little farther to the west due to the amount of trees. Chris Bulow indicated that Mr. Hagen owns the land and it is his decision regarding the number of trees he wishes to remove. There being no further comments, Mayor Tralle closed the public hearing. e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-09, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP FOR CERTAIN PROPERTY FROM PLANNED UNIT DEVELOPMENT TO C-3 HIGHWAY COMMERCIAL BASED ON THE FACT THAT THE REZONING WILL GIVE ADEQUATE CONTROL OVER THE PROPERTY THROUGH THE PLATTING PROCESS, THE UNDERLYING LAND USE IS HIGHWAY BUSINESS AND BECAUSE THE CONDITIONAL USE PERMIT PROCESS WILL PROTECT THE AREA AND THE CITY FROM ADVERSE BUSINESSES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Ordinance Amendment Section 900.18 Ti tied "Schedule of Dimensional Re.'tulations" by John Weicht/Public Hearinll Steve Rohlf indicated that Mr. Weicht is requesting an ordinance amendment which would increase the density allowed for apartments in the R-4 zoning district. He stated that the current ordinance allows an average of 13.4 units per acre and Mr. Weicht is proposing to increase the average to 16 units per acre. Mr. Rohlf indicated that the Planning Commission has reviewed this item at three meetings and has done extensive research on the issue. Steve Rohlf indicated that the Planning Commission recommended that the apartment density be increased to 16 units per acre provided that one acre, with a minimum width dimension of 150 feet free of setbacks, is retained as open space in the R-4 district. Mayor Tralle opened the public hearing. John Weicht reviewed a proposed design layout of the apartment complex with the City Council. There being no comments, Mayor Tralle closed the public hearing. e The City Administrator indicated that the Council had previously reduced the density units per acre because they were concerned with the issue. One of the major concerns was the rise in percent of the total housing stock that is represented by apartments. He indicated City Council Minutes May 20, 1991 Page 13 e that he agreed with Mary Eberley's comment regarding the fact that he would like to continue allowing only the 13.4 units per acre to give it a chance to work. Mayor Tralle indicated that he agreed with the Ci ty Administrator because of the fact that the change to the 13.4 units per acre is only about a year old. He felt the Council should give this a chance before making any changes. COUNCILMEMBER SCHULDT MOVED TO DENY THE ORDINANCE AMENDMENT REQUESTED BY JOHN WEICHT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 5.14. yariance Request by Larry Hickman of Furniture and ThinJi{s/Public HearinJi{ Janelle Szklarski indicated that Larry Hickman of Furniture and Things is requesting a variance for the number of parking stalls required at the site located at 16820 Highway 10. She stated that according to the square footage of the retail floor area, Furniture and Things would need to provide 70 parking stalls and the variance request is to reduce this number to 47. e Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended denial of the variance for the parking stalls as they felt a hardship could not be demonstrated. He further indicated that the Planning Commission was sympathetic to Mr. Hickman's situation and recommended that an ordinance amendment be drafted which would differentiate between the different types of retail uses and the number of parking stalls which they require. Mayor Tralle opened tbe public bearing. John Weicht was present to represent Larry Hickman. reviewed the site plan with the City Council. Mr. Weicht There being no furtber comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE VARIANCE REQUEST BY LARRY HICKMAN OF FURNITURE AND THINGS BECAUSE A HARDSHIP COULD NOT BE DEMONSTRATED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Councilmember Kropuenske indicated that be seconded the motion due to the fact that the Planning Commission is drafting an ordinance which would lessen the number of required parking spaces. THE MOTION CARRIED 5-0. 5.15. Variance Request by Elk River Hardware/Publ.ic HearinJi{ e Janelle Szklarski, Zoning Assistant, indicated tbat Elk River Hardware is requesting a variance on the number of wall signs per occupant in the Main Street Mall. Janelle Szklarski further indicated that the signs are currently up because a building permit City Council Minutes May 20, 1991 Page 14 e was not secured. She stated that Mr. Plude was aware of the need for a building permit to erect the signs. Mr. Dave Plude, representative of the Elk River How-to-Hardware, indicated that he was aware that a building permit was required, however, the company put up the sign without getting permission from Mr. Plude. Janelle Szklarski indicated that the applicant feels that a variance should be granted for this site because the building fronts on two major streets. She indicated that the Planning Commission reviewed the issue and felt that a hardship was present due to the double frontage of the Hardware Store on Highway 10 and Main Street. She indicated that the Planning Commission recommended denial of the variance because this situation existed throughout the downtown area. The Planning Commission also recommended reviewing the sign ordinance in regard to C-1 signage requirements to possibly allow more than one wall sign per occupant on commercial buildings with double frontage. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCUMEMBER KROPUENSKE MOVED TO DENY THE SIGN VARIANCE REQUEST BY ELK RIVER HOW-TO-HARDWARE AND TO INSTRUCT THE PLANNING COMMISSION TO REVIEW THE SIGN ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.16. Consider Final Plat of James Manor by James Peterson Sr./Public Hearinli( Janelle Szklarski indicated that James Peterson Sr. is requesting final plat approval of James Manor Plat consisting of six single family lots. COUNCUMEMBER DIETZ MOVED TO APPROVE THE FINAL PLAT OF JAMES MANOR WITH THE FOLLOWING STIPULATIONS: 1. THAT THE DEVELOPER REIMBURSE THE CITY FOR ALL COSTS INCURRED IN REVIEWING THIS PLAT. 2. THAT THE DEVELOPER IS RESPONSIBLE FOR LOT GRADING WITHIN THE PLAT AND SEWER AND WATER LINES TO SERVICE THE LOT, AND THAT THIS WORK IS SUBJECT TO STAFF'S APPROVAL. e 3. THAT THE DEVELOPER IS RESPONSIBLE FOR THE REPAIR OF TIPTON AVENUE AND UPLAND AVENUE NECESSITATED BY THE CUTS NEEDED TO SERVICE THIS PLAT WITH CITY SEWER AND WATER. THIS RESTORATION SHOULD CONSIST OF A MINIMUM OF 5 INCHES OF AGGREGATE BASE (CLASS 5) AND 2 1/2 INCHES OF BITUMINOUS SURFACING (MNDOT 2341). 4. THE CONTRACTOR OR DEVELOPER IS REQUIRED TO PLACE A $2,000 ESCROW WITH THE CITY PRIOR TO OPEN CUTTING THE STREETS, AND WUL ALSO e e e City Council Minutes May 20, 1991 Page 15 BE REQUIRED TO FULLY RESTORE THE STREETS WITHIN 5 WORKING DAYS OF THE INITIATION OF OPEN CUTTING. 5. THAT THE FINAL APPROVAL OF GRADING AND DRAINAGE, SEWER AND WATER IS APPROVED BY TERRY MAURER, CITY ENGINEER. THAT THE DEVELOPER IS RESPONSIBLE FOR BOULEVARD RESTORATION AND RESEEDING. 6. 7. THAT THE DEVELOPER PROVIDE AS-BUILTS OF THE WATER AND SEWER LINES FOR THE CITY. 8. THAT THE DEVELOPER HAS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL TO COMPLETE THE IMPROVEMENTS TO THE PLAT AND THAT ONLY ONE BUILDING PERMIT SHALL BE ISSUED UNTIL ALL STIPULATIONS OF APPROVAL OF THE PLAT ARE SATISFIED. 9. THAT THE DEVELOPER PROVIDE THE CITY WITH A TITLE OPINION PRIOR TO THE RECORDING OF THE FINAL PLAT. 10. THAT $1750 IN PARK DEDICATION IS PAID PRIOR TO FINAL PLAT RECORDING FOR THE FIVE ADDITIONAL BUILDING SITES CREATED. 11. THAT THE DEVELOPER WORK WITH ELK RIVER MUNICIPAL UTILITIES IN RELOCATING THE POWER LINE THAT RUNS THROUGH THE PROPERTY. 12. THAT THE DEVELOPER FOLLOW THE TREE PRESERVATION PLAN AS AGREED TO WITH CITY STAFF. 13. THAT A DEVELOPER'S AGREEMENT IS ENTERED INTO REGARDING THE STIPULATIONS OF APPROVAL FOR THIS PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.17. Consider Administrative Subdivision by Bill Christian/Public Hearin~ This item was tabled until June 17. 5.18. Cousider Private Road by Richard Lunqber~ Steve Rohlf indicated that Richard Lundberg of 9678 181st Avenue is requesting permission to access an existing land-locked parcel through a private road. The Building and Zoning Administrator indicated that Mr. Lundberg has not provided the necessary information to staff and, therefore, if a decision is made by Council, it should be made contingent upon staff receiving the following information: 1. Whether or not the existing driveway falls within the road easement by having a surveyor locate the drive. 2. The height of the drive through the floodplain which must also be done by survey. City Council Minutes May 20, 1991 Page 16 e 3. The name of the property owners of the land that is crossed by the easement. COUNCILMEMBER HOLMGREN MOVED TO GRANT APPROVAL FOR THE PRIVATE ROAD REQUEST FOR RICHARD LUNDBERG CONTINGENT UPON STAFF RECEIVING THE THREE ITEMS OF VERIFICATION AND CONTINGENT UPON THE FOLLOWING: 1. THAT THE DRIVEWAY IS IN THE EASEMENT AND THE ELEVATION OF THE DRIVEWAY IS NO MORE THAN TWO FEET BELOW THE REGULATORY FLOOD ELEVATION. 2. IF THE DRIVE IS NOT IN THE EASEMENT, THAT MR. LUNDBERG EITHER GAIN APPROVAL OF A NEW CROSSING OF TROTT BROOK BY THE DNR AND THE ARMY CORPS OF ENGINEERS (THIS IS NOT THE PREFERRED OPTION), OR GAIN A NEW EASEMENT IN THE LOCATION OF THE EXISTING DRIVE. e 3. IF THE HEIGHT OF THE DRIVE THROUGH THE FLOOD PLAIN IS MORE THAN TWO FEET BELOW THE REGULATORY FLOOD ELEVATION, MR. LUNDBERG MUST GAIN APPROVAL OF A VARIANCE ON THE HEIGHT FOR THIS ACCESS OR A CONDITIONAL USE PERMIT TO RAISE THE HEIGHT OF THE ROAD. BOTH OF THESE REQUESTS MUST BE REVIEWED AND APPROVED BY THE DNR. 4. THAT THE EXISTING ACCESS OR ALTERATIONS TO THE EXISTING ACCESS OR A NEW ACCESS BE FOUND ACCEPTABLE TO THE ELK RIVER FIRE DEPARTMENT FOR USE BY EMERGENCY VEHICLES. 5. THAT A PRIVATE ROAD AGREEMENT IS ENTERED INTO BETWEEN MR. LUNDBERG, THE CITY AND THE PROPERTY OWNERS WHOSE PROPERTY HAS TO BE CROSSED TO ACCESS THIS LOT. ALSO, THAT MR. LUNDBERG PROVIDE A COMPLETE LEGAL DESCRIPTION OF THE EASEMENT FOR THE PRIVATE ROAD AGREEMENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Check Re<<ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKESECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Park and Recreation Commission Recommendation The City Administrator indicated that the Park and Recreation Commission has presented a list of recommended expenditures and projects for the Street Department. He indicated that the Park and Recreation Commission recommended Council approval for park expendi tures totaling $26,950. I t was the consensus of the Ci ty Counci 1 to add the restroom at Ridgewood East Park to the Park and Recreation Commission recommended expenditures at $150. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LIST OF EXPENSES RECOMMENDED BY THE PARK AND RECREATION COMMISSION WITH THE ADDITION OF THE RESTROOM AT RIDGEWooD EAST PARK FOR $150, TOTALING $27,100. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes May 20, 1991 Page 17 8. City Administrator Undate The City Clerk questioned whether the City Council would be interested in participating in the Sherburne County Fair parade to be held on July 19. It was the consensus of the Council to contact the Fire Chief to provide a vehicle for the Council to ride in the parade. 9. Adjournment There being no further business, OOUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Meeting of the Elk River City Council adjourned at 10:50 p.m. Respectfully submitted, ~~Qn~~~ O~ Sandra Thackeray City Clerk