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07-15-1991 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JULY 15, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Kropuenske, and Schuldt MEMBERS ABSENT: Councilmember Holmgren STAFF PRESENT: Terry Maurer, City Engineeri Patrick Klaers, City Administratori Sandra Thackeray, City Clerki David Sellergren, City AttorneYi Steve Rohlf, Building & Zoning Administrator; Janelle Szklarski, Zoning Assistant OTHERS PRESENT: Rita Johnson, Planning Commission Representative 1. Call Meetin<< to Order at 7:00 P.M. 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 7/15/91 Council A<<enda e Item 5.0 - Health Care was added the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 7/15/91 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Consider 6/25/91 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 6/25/91 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider 7/1/91 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 7/1/91 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Council member Dietz abstained due to his absence from the 7/1/91 meeting. 4. ODen Mike No one appeared for this item. 5. Health Care Commission e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE APPOINTMENT OF MARY JO SWANSON TO THE HEALTH CARE DELIVERY COMMISSION FOR A TERM OF THREE YEARS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes July 15, 1991 Page 2 e 5.1. Consider Ordinance Amendment Revisin~ Amount of Reauired Liauor Liability Covera~e Mayor Tralle explained that the City's current ordinance requires liquor liability coverage of $500,000. He indicated that Council has been requested to review this requirement because liquor licensees feel this amount of coverage is too high. Mayor Tralle indicated that the State minimum requirement is $50/100,000 for liquor liability, however, it is within the City's discretion to increase this amount. George Larson, of Elk River Bowl, questioned why the City of Elk River is requiring more dram shop coverage than the State. Dave Sellergren, the City Attorney, stated that many cities do opt to increase the State's minimum requirement. He stated that the City of Elk River must decide if it wants the people who use the facilities to have a higher degree of protection. Councilmember Kropuenske stated that the City has an obligation to the ci tizens of the communi ty to provide them with an adequate level of protection. Rick Kurth, of Broadway Bar and Pizza, indicated that by increasing the coverage, the City is forcing the liquor licensees out of the City as some of them cannot afford coverage for $500,000. He indicated he had no objection to $300,000 of coverage. e Mike Hadtrath, of Hadtrath and Associates, stated that the City's ordinance would affect each establishment differently. He stated that he felt each owner should be able to decide how much coverage they want for protection. John Purmort, of the Sunshine Depot, stated that it was cost prohibitive to the liquor establishment owners to carry a higher liquor liability coverage. Sandra Thackeray, Ci ty Clerk, indicated that she had researched some cities regarding the current amount of required liquor liability coverage. She noted that she did not find any cities requiring $500,000 and that there were some cities that required $300,000. She stated that the normal coverage requirement was $50/100,000 which is the State minimum. It was the consensus of the City Council to lower the liquor liability requirement in the City's current ordinance from $500,000 coverage to $100,000/300,000. e COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 91-14, AN ORDINANCE AMENDING SECTION 800.26 OF THE CITY CODE OF ORDINANCES RELATED TO LIQUOR LIABILITY COVERAGE DECREASING THE AMOUNT OF LIQUOR LIABILITY COVERAGE FROM $500,000 TO $100,000/300,000. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor Tralle noted that all liquor establishments shall have the City's required liquor liability coverage of $100,000/300,000 by the end of July. City Council Minutes July 15, 1991 Page 3 e 5.2. Consider Temoorarv On-Sale Beer License for KniJ!hts of Columbus for Softball Tournament COUNCILMEMBER DIETZ MOVED TO APPROVE A TEMPORARY ON-SALE BEER LICENSE, FOR THE STATE SOFTBALL TOURNAMENTS WHICH WILL BE HELD AT THE ELK RIVER SOFTBALL COMPLEX, FOR THE KNIGHTS OF COLUMBUS CONTINGENT UPON THE CITY RECEIVING THE LICENSE FEE AND THE CERTIFICATE OF INSURANCE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Pay Estimate #2 for Hi~hway 10 Turn Lanes at 165th Avenue NW COUNCILMEMBER KROPUENSKE MOVED TO APPROVE PAY ESTIMATE #2 TO W.B. MILLER, INC. IN THE AMOUNT OF $16,421.12 FOR THE HIGHWAY 10 TURN LANES AT 165TH AVENUE NW. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider Mower Bids COUNCI LMEMBER SCHULDT MOVED TO APPROVE THE PURCHASE OF A SECOND XL HUSTLER MOWER WITH A 12 INCH CUT FOR $23,085 FROM MACQUEEN EQUIPMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Industrial Park Aooraisal and Letter of Intention on Park and Recreation Lot e Mayor Tralle indicated that the EDA and City Council have been evaluating the purchase of the Industrial Park from the Elk River Investors. The City Administrator stated that the City received appraisal on the property by Mr. Lawrence, however, the City is not yet prepared to enter into a Purchase Agreement as certain lots in the Elk River Industrial Park need corrections in order to make the properties buildable. COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE APPRAISAL FOR THE INDUSTRIAL PARK FROM MR. LAWRENCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE SIGNATURE OF THE LETTER OF INTENT TO PURCHASE LOT 6 FOR RECREATIONAL PURPOSES. COUNCI LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1. Conditional Use Permit by Indeoendent School District #728/Public Hearin~ e Steve Rohlf, Building and Zoning Administrator, indicated that Independent School District #728 is requesting a conditional use permit for a new elementary school. Rita Johnson, Planning Commission Representative, reported that the Planning Commission reviewed the request and recommended approval. She stated that discussion was held regarding the lighting of the parking lots. Mayor Tralle opened the public hearing. City Council Minutes July 15, 1991 Page 4 e Richard Chambers indicated that he owned property adjacent to the proposed school site and stated that he had a concern regarding the western entrance to the site. He indicated that he was unsure as to whether the semi trucks from his business would be able to make the turn. Steve Rohlf explained that easement rights were given to Mr. Chambers on the Oliver property at the time his business was constructed. Rick Wessling, KKE Architects, representing the School District, indicated that the School District would negotiate the access with Mr. Chambers. There being no further comments from the public, Mayor Tralle closed the public hearing. Mayor Tralle questioned whether there was sufficient parking planned to handle evening activities due to the fact that there is no off-street parking available. Dr. Flannery indicated that the matter would be looked at closely with City staff and the School District representatives. John Bogart, Environmental Consultant for the School, addressed the wetland situation with the Council. e COUNCILMEMBER DIETZ MOVED TO TABLE THIS ITEM UNTIL ITEM 6.2 WAS ADDRESSED BY THE COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Municipal Utilities Feasibility Study for a New School Terry Maurer, City Engineer, reviewed the feasibility study for the proposed elementary school located on County State Aid Highway #1. The report discussed sanitary sewer and water improvements necessary to serve the school facility while also considering the future development of the surrounding area. Terry Maurer indicated that the estimated total project cost is $412,300. Terry Maurer stated that sanitary sewer would provide direct service to the School and that 50% of the cost is proposed to be paid by the School. He further stated that water main improvements are needed to provide development to the School, therefore, the feasibility study suggests that 100% of the costs for water main be paid by the School District. Terry Maurer further stated that it is proposed that 75% of the street improvements be assessed against the property owned by John Oliver and 25% be assessed to the School District. e Dr. Flannery indicated that the School District is at a point of backing away from the . site because the costs are too high. He indicated that a cost of approximately $414,000 for road, water, and sewer, will have to be borne by the School District. Dr. Flannery explained that when the School District first looked at the site, the owners of the property stated that they did not want to see the land go into heavy assessments. Dr. Flannery further stated that the School District was under the impression that an eight inch waterline would be used to connect to the School. He further stated that the plan the City is proposing puts the project in jeopardy because of the high cost being assessed to the School District. City Council Minutes July 15, 1991 Page 5 e Ty Bi schoff, School Board Representative, suggested that the Ci ty use some of the captured TIF monies from the RDF Plant to help defray the costs of the School District assessments. Mayor Tralle stated that the intent of the Council in using the TIF funds from the RDF Plant was to expand sewer and water in another direction. He stated that if the Council agreed to defray the School's costs with this money, it would be unfair to the western property owners because the money was intended for the western area of the City. Ty Bischoff requested the City to participate in the assessment costs with approximately $100,000. He stated that if this could be done, the School District could make the project work. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE FEASIBILITY STUDY PRESENTED BY THE CITY ENGINEER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS: e 1. THAT LANDSCAPING BE ACCOMPLISHED PER CITY CODE AT A MINIMUM. 2. THAT CITY APPROVAL IS CONTINGENT UPON THE ARMY CORPS OF ENGINEER'S APPROVAL OF RELOCATION OF THE WETLAND IN QUESTION. 3. THAT IF THE ACCESS DRIVES BECOME CITY STREETS, THEY MUST BE BUILT TO CITY STANDARDS WITH SPECIFICATIONS AGREED TO PRIOR TO BUILDING PERMIT ISSUANCE. IF THE ACCESSES REMAIN PRIVATE DRIVES, STAFF RECOMMENDS THAT THE CITY APPROVE THEM CONTINGENT ON EASEMENTS BEING OBTAINED FROM JOHN OLIVER AND A PRIVATE ROAD AGREEMENT BEING ENTERED INTO. 4. THAT THE DETAILS REGARDING FIRE PROTECTION, PARKING, SETBACKS, SCREENING AND BUILDING ELEVATIONS BE AS PROPOSED ON THE ATTACHED PLANS PROVIDED BY THE SCHOOL DISTRICT. 5. THAT UNDER NORMAL OPERATING CONDITIONS, LIGHTING BE NO MORE THAN .1 FOOT CANDLES WITHIN 25 FEET OF ANY ADJACENT DWELLINGS NOR MORE THAN .5 FOOT CANDLES ON ANY PART OF AN ADJACENT PROPERTY. FURTHER, THAT THE PARKING LOTS FOR THE SCHOOL BE LIT TO 3 FOOT CANDLES EXCEPT IN EMERGENCY SITUATIONS, WHEN ONLY A PATHWAY TO THE PARKING LOT WILL BE LIT TO 3 FOOT CANDLES. 6. THAT DRAINAGE BE AS PER THE RECOMMENDATION OF TERRY MAURER, CITY ENGINEER, WITH DETAILS BEING RESOLVED PRIOR TO BUILDING PERMIT ISSUANCE. e 7. THAT PLANS FOR THE EXTENSION OF UTILITIES TO THE PROPOSED SCHOOL SITE CONSIDERS ALL PROPERTY OWNERS IN THIS VICINITY. THAT THE PLANS AND SPECIFICATIONS BE PREPARED BY TERRY MAURER, CITY ENGINEER, FOR AT LEAST THAT PORTION OF THE UTILITIES WHICH WILL BE PUBLIC. City Council Minutes July 15, 1991 Page 6 e 8. THAT THE 10 FOOT SIDEWALK REQUIRED BY THE FIRE CHIEF FOR EMERGENCY ACCESS BE EXTENDED TO GO AROUND THE ENTIRE SCHOOL. 9. THAT THE HARDSURFACED PLAY AREA NOTED ON THE SITE PLAN ALLOW FOR EMERGENCY VEHICLES TO GET THROUGH THAT AREA. 10. THAT THE FEASIBILITY STUDY AUTHORIZED BY THE CITY COUNCIL REGARDING THIS REQUEST CONSIDER THE EXTENSION OF SEWER AND WATER TO ADJACENT PROPERTIES BEYOND THE SCHOOL DISTRICT SITE AND CONSIDER TURN LANES AND BYPASS LANES ON COUNTY ROAD 1 SO THAT BUSES DO NOT INTERFERE WITH TRAFFIC AND TO ALLOW FOR MAXIMUM SAFETY OF CHILDREN COMING AND GOING FROM THE SCHOOL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Conditional Use Permit by Dan Tveite/Public Hearin~ Janelle Szklarski, Zoning Assistant, reported that Daniel and Elizabeth Tveite are requesting a conditional use permit to allow an agricultural use in an R-1a zoning district. She stated that the use would allow the keeping of horses, chickens, goats, rabbits, and a pig on a 5.5 acre site. Ri ta Johnson, Planning Commission Representative, stated that the Planning Commission recommended approval of the request. e Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle questioned whether the chickens would be fenced. He indicated he would prefer to see all of the animals contained. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR DANIEL TVEITE WHICH WOULD ALLOW THE KEEPING OF ANIMALS ON HIS 5.5 ACRE SITE WITH THE FOLLOWING STIPULATIONS: 1. THAT THE APPLICANT BE LIMITED TO 3 HORSES, 1 PIG, 2 GOATS, AND 10 CHICKENS ON THIS SITE. 2. THAT THE STRUCTURE BE SET BACK 300 FEET FROM ANY NEIGHBORING DWELLING OR PLATTED AREA. THAT THE FENCED IN AREA BE SET BACK AT LEAST 200 FEET FROM ANY NEIGHBORING DWELLING. 3. THAT PROPER HOUSEKEEPING ACTIVITIES BE CONDUCTED ON THIS SITE TO CONTROL ODOR AND DUST. 4. THAT WHEN THE EASEMENT FOR PUBLIC RIGHT-OF-WAY IS DEVELOPED IN THE FUTURE, THAT THE FENCE BE MOVED ACCORDINGLY. ALSO THAT NO STRUCTURES BE PLACED IN EITHER THE ROADWAY EASEMENT OR THE UPA EASEMENT. e 5. THAT ADEQUATE FENCING BE INSTALLED TO CONTAIN THE HORSES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Variance by John Plaisted/Public Hearin~ City Council Minutes July 15, 1991 Page 7 e Janelle Szklarski, Zoning Assistant, stated that John Plaisted is requesting a variance which would allow two free-standing signs to be combined into one sign. The variance would allow the total square footage of the free-standing sign to be increased from 128 square feet to 300 square feet. She indicated that Mr. Plaisted is proposing a comparable reduction in the amount of wall signage. Rita Johnson, Planning Commission Representative, stated that the Planning Commission recommended denial of the variance request for a 300 square foot free-standing sign. She further indicated that the Planning Commission recommended approval of a 256 square foot free-standing sign not to exceed 15 feet in height with the condition that the wall signage be limited to a total of 128 square feet and that none of the wall signage be put on the east side of the building. Rita Johnson explained that the Planning Commission recommended approval of the 256 square feet of a free-standing sign because of the fact that the location of the trees on the east side of the building make it difficult for the applicant to utilize the wall signage allowed without removing the trees and further that a free-standing sign could be placed wi thin a small clearing in the trees to gain visibility from Highway 169. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST BY JOHN PLAISTED TO ALLOW A 256 SQUARE FOOT FREE-STANDING SIGN NO TO EXCEED 15 FEET IN HEIGHT WITH THE CONDITION THAT THE WALL SIGNAGE BE LIMITED TO A TOTAL OF 128 SQUARE FEET AND THAT NONE OF THE WALL SIGNAGE BE PUT ON THE EAST SIDE OF THE BUILDING AND FURTHER THAT 50% OF THE TREES NOT BE CUT DOWN. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 8:40 p.m. and reconvened at 8:55 p.m. 6.5. Conditional Use Permit by Assembly of God Church/Public Hearin~ - Janelle Szklarski, Zoning Assistant, indicated that the Assembly of God Church is requesting a conditional use permit to operate a daycare facility for up to 59 children in a R-1a zoning district at the Assembly of God Church located at 11800 196th Avenue NW. Janelle Szklarski further stated that this item has previously been tabled by both the Planning Commission and the City Council and that at the April 23 Planning Commission meeting, the Planning Commission recommended denial. She explained that several concerns were raised by residents and by the Planning Commission which related to cleanup of the site, excessive traffic with the daycare center, and landscaping. Janelle Szklarski indicated that cleanup has been accomplished, but landscaping is still an issue. She indicated that the City must receive an accurate site plan from the Assembly of God Church. She further indicated that she would like to see compliance of the previous conditional use permit encouraged by the City Council. Mayor Tralle opened the public hearing. City Council Minutes July 15, 1991 Page 8 e Al Fisher stated that he lives one block away from the proposed daycare center and that he has been through two Planning Commission meetings and three City Council meetings regarding this issue. He stated that all of the concerns and issues have been discussed by the City Council. He stated that the main issues were lack of attention to the area and also the amount of traffic. Vern Iverson, of 195th Circle, indicated that he was present representing his neighbors: Salk, Barnes, Zantis, Weatherly, and Pel tier. He stated that they have all asked him to express their concern regarding safety issues with the traffic on Lowell Street. He also indicated that noise would be a concern with the daycare. Brian Moran indicated that he had the same objections as Mr. Iverson and further that he has stated these objections at previous meetings. Ken Williams indicated that he also had the same issues. He further stated that he felt the daycare center would lower the property value of the neighboring homes. Mr. Williams questioned the long-range intentions of the Church and stated that the initial daycare request was for 100 children. e Mr. Harold Wold indicated that he had signed covenants when he purchased his lot and questioned whether the church was bound by the same covenants. He also indicated that he did not feel the Church belonged in a residential area as it was a commercial business. Carman Miller stated she lives across the street from the Church and stated that 80% to 90% of the traffic passes in front of her house and that she has no complaints regarding the amount of traffic. She further stated she can see no harm in issuing a daycare license to the Church as they are only asking to use space that is available in their building and she further stated that neighboring residents would probably be using the daycare center. Mr. Paul Laithe, Associate Pastor the Assembly of God Church, stated that they are working on cleaning up the Church site and also working on the landscaping. He stated that the Church is in the process of getting their Architect to the City Council and that they have plans to make the property more presentable which will in turn enhance the neighborhood. He further indicated that the building was originally designed for a daycare center. He stated that the Church would like to have a number of daycare children with which the neighborhood would be comfortable and further stated that he does not feel it would cause any traffic problems. He stated that the daycare would generate low-volume traffic. Pastor Laithe indicated that this daycare center is a ministry that is desired and needed in the community and indicated that the Church would meet any standards that the City would request. e Councilmember Kropuenske stated that he had a problem with a previous Council approving a Church, such as the Assembly of God, in a residential area and then not allowing a daycare in the facility due to traffic problems. City Council Minutes July 15, 1991 Page 9 e Julie Goldemann indicated that the Church Pastor is willing to work with the residents concerning the daycare. The Senior Pastor of the Church, indicated that the Church fully intends to comply with the City and the Council. Thor Johnson, Youth Pastor, apologized for the Church's previous track record and indicated that there is a need for a children ministry in the City of Elk River. Gladys Skogins, Daycare Center Teacher, indicated that she sees a need for a Christian daycare in the City of Elk River. There being no further comments from the public, Mayor Tralle closed the public hearing. Councilmember Schuldt stated that he feels the Church is requesting to put a commercial daycare center in a single family neighborhood. He indicated that this would set a precedent in other single family neighborhoods. Councilmember Dietz indicated that the Church should be given a chance with the daycare center and if the conditional use permit is not met, then it could be pulled within a year. e COUNCILMEMBER SCHULDT MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAYCARE CENTER FROM THE ASSEMBLY OF GOD CHURCH. MAYOR TRALLE SECONDED THE MOTION. Mayor Tralle stated that he sees this venture as a commercial enterprise. He further indicated that the Council has been deceived by the Church in the past and there are conditions on the previous condi tional use permit that have been outstanding for three or four years. Councilmember Kropuenske stated that this conflict will continue to be present in residential areas. In the future, the City Council and Planning Commission should look at where conditional use permits are allowed for churches. Dave Sellergren, City Attorney, reminded the Council that the issue before them is a land use impact issue. THE MOTION CARRIED 3-1. Councilmember Dietz opposed. 6.6. Administrative Subdivision by Cre~Dance/Public Hearin~ e Steve Rohlf, Building and Zoning Administrator, indicated that Creg Dance, of 19276 Twin Lakes Road, is requesting an administrative subdivision to divide an 11.78 acre parcel into two parcels of land. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. City Council Minutes July 15, 1991 Page 10 e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY CREG DANCE TO SUBDIVIDE AN 11.78 ACRE PARCEL OF PROPERTY INTO TWO PARCELS, ONE BEING 8.56 ACRES AND THE OTHER BEING 3.22 ACRES WITH THE FOLLOWING CONDITIONS: 1. THAT $350 PARK DEDICATION FEE IS PAID TO THE CITY FOR THE ADDITIONAL LOT CREATED PRIOR TO RECORDING THIS LOT SPLIT. 2. THAT STRUCTURES BUILT ON PARCEL B ARE REQUIRED TO MEET THE 100 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF TROTT BROOK. 3. THAT STRUCTURES INCLUDING THE DWELLING PLACED ON PARCEL B HAVE THEIR LOWEST FLOORS AT A MINIMUM OF 915.9 FEET ABOVE MEAN SEA LEVEL OR ONE FOOT ABOVE MOTTLED SOIL, WHICHEVER IS MORE RESTRICTIVE. FURTHER, THAT THIS MINIMUM ELEVATION IS MAINTAINED FOR AT LEAST 15 FEET AROUND ALL STRUCTURES. 4. THAT A DRIVEWAY PERMIT IS OBTAINED FROM THE COUNTY ENGINEER TO ACCESS COUNTY ROAD 13. 5. THAT A SECOND LEGAL DESCRIPTION FOR THE REMAINDER OF THE PROPERTY BE PROVIDED TO THE CITY PRIOR TO RECORDING. 6.7. Conditional Use Permit by Cre~ Dance/Public Hearin~ e Steve Rohlf, Building and Zoning Administrator, indicated that Creg Dance of 19276 Twin Lakes Road, is requesting a conditional use permit for a warehousing and shipping operation to be located in a portion of Sun and Swim Pools located at 16802 Highway 10 in Elk River. Rita Johnson, Planning Commission Representative, indicated that the Planning Commission reviewed the request and recommended approval based on the findings of fact stated in staff's memo of June 18, 1991. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY CREG DANCE TO ALLOW A BUSINESS OF WAREHOUSING AND SHIPPING TO BE OPERATED FROM 16802 HIGHWAY 10, ELK RIVER WITH THE FOLLOWING STIPULATIONS: 1. THAT A 20 FOOT DRIVING SURFACE, FREE OF EMPLOYEE PARKING, BE MAINTAINED AROUND THE ENTIRE BUILDING FOR EMERGENCY ACCESS. 2. THAT THE ATTACHED SITE PLAN BE PUT ON RECORD SHOWING THE FUTURE PARKING ON THE WEST SIDE OF THE PARCEL IN CASE A NEED ARISES FOR ADDITIONAL PARKING. 3. THAT NO STORAGE TAKE PLACE ON THE DRAINFIELD AREA. e 4. THAT THIS CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes July 15, 1991 Page 11 e 6.8. Administrative Subdivision by Sharon Miller/Public Hearin~ Janelle Szklarski indicated that Steve and Sharon Miller are requesting an administrative subdivision to divide an 80 acre parcel into a five acre parcel and a 75 acre parcel. Janelle Szklarski further indicated that the Millers presently have a pole building that is straddling the proposed lot line. She stated that the Millers have indicated that they intend to move the pole building. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle informed the Millers that the road from the Oak Meadows Plat could eventually go through their property. He indicated that it would be wise of them to take this into consideration when locating their house on the lot. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY STEVE AND SHARON MILLER TO SUBDIVIDE AN 80 ACRE PARCEL OF LAND INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE APPLICANT PAY $350 PARK DEDICATION FOR THE ADDITIONAL LOTS CREATED. e 2. THAT THE EXISTING BUILDINGS ON THE 5 ACRE PARCEL MEET SETBACKS FROM THE WESTERN AND NORTHERN PROPERTY LINES. IF THE POLE BUILDING IS DETERMINED NOT TO MEET THE SETBACKS THAT IT BE REMOVED. THE R-IA FURTHER, REQUIRED 3. THAT THE APPLICANT OBTAIN A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ACCESS OFF OF COUNTY ROAD 13 TO THE NEW BUILDING SITE ON THE 75 ACRE PARCEL. 4. THAT APPROVAL IS CONTINGENT UPON THE DNR'S APPROVAL OF THE REQUEST. 5. THAT THE APPLICANT PROVIDE THE CITY WITH LEGAL DESCRIPTIONS FOR THE TWO NEWLY CREATED PARCELS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Zone Chan~e ReQuest by the City of Elk River/Public Hearin~ Mayor Tralle indicated that the City of Elk River has initiated a zone change for Lion's Park ~d property adjacent to it owned by Mr. Bud Houlton. He stated that property is currently improperly zoned as light industrial and is inconsistent with the land use map. e Ri ta Johnson, Planning Commission Representative, indicated that the Planning COJllmission recommended approval of the rezoning from light industrial, to planned unit development based on the findings of fact that the area was overlooked when the Growth Management Plan was adopted in 1988. City Council Minutes July 15, 1991 Page 12 e 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 ADOPT ORDINANCE 91-15, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY FROM 1-1 LIGHT INDUSTRIAL TO PUD/PLANNED UNIT DEVELOPMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Easement Vacation by Dennis and Barb Mitchell/Public Hearin~ Steve Rohlf, Building and Zoning Administrator indicated that Dennis and Barb Mitchell are requesting to vacate a drainage easement adjacent to Lot 11, Block 4, Royal Oaks Ridge for the purpose of building a home on the lot. Steve Rohlf stated that the City's Engineer reviewed the request and concurs that a portion of the drainage easement of Lot 11 could be vacated and not jeopardize any needed storm water holding capacity, however, the area vacated will need soil corrections. Steve Rohlf indicated that the Mitchell are aware of the fact that the area will need soil corrections prior to building. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-40, A RESOLUTION FOR VACATING DRAINAGE EASEMENT ON LOT 11, BLOCK 4, ROYAL OAKS RIDGE WITH THE FOLLOWING CONDITIONS: 1. THAT A TEMPORARY EASEMENT IS GRANTED FOR THE PORTION OF CUL-DE-SAC THAT FALLS OUTSIDE OF THE RIGHT-OF-WAY. 2. THAT 10 FEET OF DRAINAGE AND UTILITY EASEMENT ON THE FRONT SIDE OF THIS LOT IS MAINTAINED NEXT TO THE RIGHT-OF-WAY OF 190TH AVENUE. 3. THAT THE SOIL CORRECTIONS RECEIVE PROPER TESTING PRIOR TO BUILDING PERMIT ISSUANCE ON THIS LOT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.11. Ordinance Amendment (Home Occunations) by the City of Elk River/ Public Hearin~ e Steve Rohlf, Building and Zoning Administrator, indicated that the City Council had previously directed staff and the Planning Commission to review the home occupation section of the City's ordinance. Steve Rohlf stated that the home based business subcommittee of the Elk River Chamber of Commerce also reviewed this section of the ordinance and recommended some changes to the Planning Commission and City Council. Steve Rohlf explained that the Planning Commission reviewed the home occupation ordinance and recommended a number of changes which have been incorporated into the proposed ordinance. Mayor Tralle opened the public hearing. City Council Minutes July 15, 1991 Page 13 e Sandy Weicht, representative of the Home-based Business Subcommittee of the Elk River Chamber of Commerce was present and indicated that she had submitted a letter to the City Council with some proposed changes from the Home-based Subcommittee. The Council reviewed the proposed changes presented by Sandy Weicht and also the changes made by the Planning Commission. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-16, AN ORDINANCE AMENDING SECTION 900.20/GENERAL REGULATIONS SUBDIVISION 3 HOME OCCUPATIONS OF THE CITY OF ELK RIVER CODE OF ORDINANCES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.12. Conditional Use Permit Home Occupation by Bill and Stacy Snetsin~er/Public Hearin~ e Janelle Szklarski indicated that Stacy Snetsinger is requesting a conditional use permit to operate a dance studio in her home which will be located at the corner of Quincy and County Road 33. Janelle Szklarski indicated that Stacy Snetsinger is requesting to hold three dance classes per day. She stated staff has concerns regarding traffic and that the Planning Commission recommended approval for 30 students per day due to the fact that County Road 33 is a major road and can handle large volumes of traffic. Janelle Szklarski indicated that staff is recommending further reductions in the number of students per day due to traffic volume. Mayor Tralle opened the public hearing. Brian Eggert, a neighboring resident, indicated his concern regarding the increase in traffic and parking space available. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR STACY SNETSINGER TO OPERATE A DANCE STUDIO FROM HE HOME LOCATED AT THE CORNER OF QUINCY STREET AND COUNTY ROAD 33 WITH THE FOLLOWING CONDITIONS: 1. THAT THE HOURS OF OPERATION SHOULD BE LIMITED FROM 5:00 P.M. TO 9:30 P.M. ON WEEK DAYS AND 9:00 A.M. TO 3:00 P.M. ON SATURDAYS AND THAT NO CLASSES BE HELD ON SUNDAYS. 2. THAT NO OUTSIDE EMPLOYEES BE ALLOWED. 3. THAT SIGNAGE BE LIMITED TO A 2 SQUARE FOOT SIGN MOUNTED FLAT ON THE OUTSIDE WALL OF THE DWELLING. 4. THAT THE CLASSES BE SCHEDULED ONE-HALF HOUR APART FROM EACH OTHER TO FACILITATE SAFER TRAFFIC MOVEMENTS TO AND FROM THIS SITE. e 5. THAT THE APPLICANT IS NOT ALLOWED TO HAVE MORE THAN 30 STUDENTS PER DAY. City Council Minutes July 15, 1991 Page 14 e 6. THAT THE TREES ALONG COUNTY ROAD 33 REMAIN AS BUFFER FROM OTHER RESIDENTIAL PROPERTIES IN THE AREA. 7. THAT THE APPLICANT PROVIDE ADEQUATE PARKING ON SITE, AND THAT NO PARKING TAKE PLACE WITHIN 15 FEET OF THE EDGE OF THE PAVED SURFACE OF COUNTY ROAD 33. 8. THAT APPROVAL OF THIS CONDITIONAL USE PERMIT IS CONTINGENT UPON APPROVAL OF THE ORDINANCE AMENDMENT REGARDING HOME OCCUPATIONS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.13. Variance ReQuest by Steuhen and Mary Jane Rohlf/Public Hearin~ Mayor Tralle indicated that Steve Rohlf is requesting a five foot variance from the required 10 foot side yard setback to accommodate a three season porch and deck. Rita Johnson, Planning Commission Representative, indicated that the Planning Commission recommended approval of the variance as they felt that the request met the five standards of a variance as outlined in the City Code. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO APPROVE A FIVE FOOT VARIANCE FROM THE REQUIRED 10 FOOT SIDE YARD SETBACK TO ACCOMMODATE A THREE SEASON PORCH AND DECK REQUESTED BY STEVE ROHLF. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.14. Plannin~ Commission Uudate Rita Johnson, Planning Commission Representative, updated the City Council on future Planning Commission projects. Rita Johnson further indicated that the Planning Commission is waiting for an answer from the Council as to a date for a future joint training workshop with the Council and Planning Commission. After discussion regarding this matter, it was the consensus that October 15 be scheduled as the date to hold the joint training workshop between the Planning Commission and the Council. It was further consented that Councilmember Kropuenske would act as the person in charge of appointing a presentor for this workshop. 6.15. Other Dan Sipe appeared before'the Council and indicated that he is awaiting a decision from the Council so that he can obtain a building permit to build a Conoco Station on the corner of Waco and Highway 10. He indicated that at the present time, no building can take place until City utilities are extended to that area. e It was the consensus of the City Council to instruct Dan Sipe to go through the Planning Com~ission prior to the City Council and have the Planning Commission review the situation. e e e City Council Minutes July 15, 1991 Page 15 7. Check Redster COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Other Business The City Administrator informed the Council that the City's health insurance has increased, and therefore, the City is advertising for bids for a new health insurance coverage. The City Administrator informed the Council that he had a meeting with the Community Education Director. He further informed the Council that 75% of the population in the communities indicated support of a recreation director. He indicated that the City will be moving forward with the drafting of a Joint Powers Agreement and a job description for this position. Councilmember Schuldt indicated that he has a concern with a company that is selling a service of painting house numbers on City curbs for homeowners. The City Clerk indicated that the Company did report to City Hall and was informed that they did not need a transient merchant license. The Council discussed the matter and a consensus was reached that because the curb was City property, that this type of operation would not be allowed. COUNCILMEMBER KROPUENSKE MOVED TO NOT ALLOW CURB PAINTING ON CITY CURBS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO CLOSE THE REGULAR MEETING OF THE ELK RIVER CITY COUNCIL IN ORDER TO HOLD AN EXECUTIVE SESSION OF THE CITY COUNCIL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 11:15 p.m. Respectfully submitted, ~~ Sandra Thackeray City Clerk