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10-21-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 21, 1991 MEMBERS PRESENTS: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Peter Beck, City Attorney; Bill Rubin, Economic Development Coordinator; Matt Ledvina, Environmental Consultant ALSO PRESENT: Jerry Schroeder, 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 7:00 p.m. by Mayor Tralle. 2. Consider 10/21/91 City Council A~enda Item 6.10 - Other Building & Zoning, was added to the Council agenda. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/21/91 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 10/7/91 Citv Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/7/91 CITY COUNCIL MINUTES. COUNC I LMEMBER KROPUENSKE SECONDED THE MOT ION. THE MOT I ON CARRIED 5-0. 3.2. Consider 10/14/91 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/14/91 CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3. Consider 10/15/91 Closed Session City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 10/15/91 CLOSED SESSION CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. City Council Minutes October 21, 1991 Page 2 e 5.1. Consider Reauest by Tescom Corporation to Issue Industrial Revenue Bonds Bill Rubin, Economic Development Coordinator, indicated that Tescom Corporation has requested the City of Elk River to issue Industrial Revenue Bonds in the amount of $800,000 to $1,000,000. Mr. Ed Cunnington of Tescom indicated that Tescom is requesting the bonds so that the Company can expand their existing facility by 20,000 square feet. He stated that construction is anticipated to begin in early spring and to be completed by July, 1992. Mayor Tralle questioned the number of jobs anticipated to added as a result of the addition. Mr. Cunnington indicated that approximately 30 additional employees in the next two years were anticipated to be added to the Company. Bill Rubin explained that issuing the Industrial Revenue Bonds does not affect the debt of the City. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-59, A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF TESCOM CORPORA T ION. COUNC I LMEMBER SCHULDT SECONDED THE MOT I ON. THE MOT ION CARRIED 5-0. 5.2. Consider Premise Permit for Camp Confidence e Sandy Thackeray, City Clerk, introduced this item. She indicated that Camp Confidence is requesting a renewal of their premise permit to sell pull tabs at Broadway Bar and Pizza. She indicated that with the State Law change, the new premise permit would be good for two years. The City Clerk indicated that she had prepared a report showing the percentage of lawful purpose expenditures spent within the City's trade area by each of the gambling organizations operating in the City of Elk Ri ver. She stated that all of the gambling organizations met the 75% cri teria with exception of Minnesota Therapeutic Camp. She indicated that she had just. received information from Minnesota Therapeutic Camp's Accountant, Bruce A. Johnson, stating that $12,888.92 had been spent in the City's trade area out of $31,255 available funds. Discussion was held regarding the expenditure report submitted by Minnesota Therapeutic Camp. The Council questioned the payments made to Roxi Gustafson in the amount of $900 per month for four months. Mr. Larry Henning was present and indicated that Roxi Gustafson transports indi vidual campers to Camp Confidence Learning Center for their three day visits. He stated that the $900 per month are contributions to Ms. Gustafson. Mayor Tralle questioned whether the $900 was a salary to Ms. Gustafson to perform these duties. Mayor Tralle indicated that the City's ordinance is based on contributions to the community that benefit the City and felt that payment to Roxi Gustafson for services rendered, did not meet the intent of the ordinance. e Councilmember Kropuenske indicated that according to the figures provided by Bruce A. Johnson, Camp Confidence has donated less than 50% of their proceeds to Elk River's trade area in a seven month period. He indicated that the 75% quota should have been met throughout the City Council Minutes October 21, 1991 Page 3 e year. Mayor Tralle requested that Camp Confidence's financial consultant meet with the City staff and consultants and that this item be brought back to the City Council in December with a financial update. 5.3. Garba~e Special Assessments Mayor Tralle indicated that the City has the ability to levy assessments for garbage collection services that are unpaid. The City Administrator indicated that each property owner received a delinquent notice showing their delinquent balance for garbage services. He indicated that the notice informed the homeowners that unless the balance was paid by a certain date, it would certified to the County in the form of a special assessment. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-60, A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER I, 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Call Special City Council Meeting e COUNCILMEMBER KROPUENSKE MOVED TO CALL TWO SPECIAL CITY COUNCIL MEETINGS: 1) OCTOBER 29, 1991, AT 6:00 P.M. AT CITY HALL FOR THE PURPOSE OF A CITY HALL FACILITY WORK SESSION, 2) NOVEMBER 6, 1991, AT THE ELK RIVER PUBLIC LIBRARY TO HOLD A SPECIAL ASSESSMENT HEARING AT 7: 00 REGARDING THE SEWER AND WATER AT THE SCHOOL SITE AND TO HOLD A JOINT CITY FACILITY INFORMATIONAL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Ordinance Amendment to Section 900.22 Si~n Re~ulations/Public Hearing COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ITEM AS THE PLANNING COMMISSION HAD ALSO TABLED THE ITEM. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Ren~wal of Conditional Use Permit and Solid Waste License by Elk River Landfill/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, indicated that the Elk River Landfill is requesting renewal of its conditional use permit and solid waste license. Jerry Schroeder, Planning Commission Representative, indicated that the Planning Commission recommended approval of the condi tional use permi t with the eight stipulations that were recommended by staff. He indicated that the Planning Commission added a ninth stipulation stating that negative ramifications for noncompliance by the Landfill to the terms of the license and conditional use permit be removed from the document and positive incentives added. e Mayor Tralle opened the public hearing. There being no one for against the matter, Mayor Tralle closed the public hearing. City Council Minutes October 21, 1991 Page 4 e Mayor Tralle indicated that the Council had reviewed this request in detail at an earlier Council meeting in May. Chris Kreger, Owner of the Landfill, indicated that part of the solid waste license agreement stating that the licensee shall deposit an i.ni tial sum of $1,000 and that, 15q: shall be deposited monthly into the account for each gate yard of waste received at the Landfill until the escrow fund has a balance of $350,000 which should negate the need for a bond. He indicated that there is enough financial insurance in the licensing agreement with the State and County and feels that because of this, the need of a surety bond is unnecessary. It was the consensus of the Council that the surety bonding requirement in the license agreement was necessary and should not be removed. Chris Kreger questioned whether the City could eliminate some of the charges from Consultants which the Landfill is paying for. He indicated that he pays his own engineers for the same information he is receiving from the State's engineers and the City's engineers. He stated that there was a lot of duplication of work causing a large cost to the Landfill. Council member Kropuenske indicated that because of the nature of his business, there was no way of getting around paying for these costs. Chris Kreger questioned whether the City could bill him monthly for these costs. It was the consensus of the Council that a monthly payment program could be worked out between staff and the Elk Ri ver Landfill. e COUNCILMEMBER SCHULDT LICENSE AGREEMENT FOR PERIOD THROUGH 1993. MOTION CARRIED 5-0. MOVED TO APPROVE THE RENEWAL OF THE SOLID WASTE THE ELK RIVER LANDFILL AS AMENDED FOR A TWO YEAR COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT FOR THE ELK RIVER LANDFILL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Conditional Use Permit Reauest by Kennedy Gardens/Public Hearin~ Janelle Szklarski indicated that Leroy and Katherine Kennedy had appeared before the City Council on September 16, 1991, requesting a conditional use permit to operate a greenhouse business at their residence. She indicated that the Planning Commission reviewed their request and tabled the item so that staff could investigate alternatives available in regard to the existing off-premise signs advertising the business. Janelle Szklarski stated that staff did investigate alternatives, however, the City Attorney felt that there was no provisions in the City's ordinance to allow seasonal off-premise signs for a home occupation. e Jerry Schroeder, Planning Commission Representative, stated that the Planning Commission had originally recommended approval of the conditional use permit with certain stipulations. Mayor Tralle opened the public hearing. Leroy and Katherine Kennedy were present. e e e City Council Minutes October 21, 1991 Page 5 There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle indicated that the Planning Commission will be reviewing a portion of the City's sign ordinance and stated that it would be appropriate for them also to review the possibility of allowing temporary seasonal signs. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY LEROY AND KATHERINE KENNEDY TO OPERATE A GREENHOUSE BUSINESS FROM THEIR RESIDENCE LOCATED AT 10205 201ST AVENUE NORTHWEST WITH THE FOLLOWING STIPULATIONS: 1. THAT ONE FULL-TIME EQUIVALENT OUTSIDE EMPLOYEE BE ALLOWED. 2. THAT THE SIGNS BE REMOVED OR MADE TO BE IN COMPLIANCE WITH THE CURRENT SIGN ORDINANCE. 3. THAT THE HOURS OF OPERATION BE LIMITED FROM 9:00 A.M. TO 9:00 P.M., MONDAY THROUGH SUNDAY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Conditional Use Permit Request bv Al Valerius and Tim Gerber/Public Hearing Janelle Szklarski indicated that Al Valerius and Tim Gerber are requesting a conditional use permit to operate an auto repair shop to be located in a C-3 Highway Commercial zone. She indicated that the proposed shop would be located at 17119 Highway 10. Jerry Schroeder, Planning Commission Representative, indicated that the Planning Commission felt that the applicant met the criteria for a conditional use permit and that the use was consistent with other uses in the area. He 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 REQUEST BY AL VALERIUS AND TIM GERBER TO OPERATE AN AUTO REPAIR SHOP LOCATED AT 17119 HIGHWAY 10 WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PARKING LOT ON THE EASTERN EDGE OF THE PROPERTY BE STRIPED TO ACCOMMODATE AT LEAST 20 CARS. 2. THAT THE DUMPSTER BE SCREENED ON ALL SIDES WITH ENOUGH ROOM TO ACCOMMODATE RECYCLABLES. 3. THAT ALL APPROPRIATE BUILDING CODES BE MET. City Council Minutes October 21, 1991 Page 6 e 4. THAT THE LIGHTING STANDARDS ARE AT LEAST THREE FOOT CANDLES AND THAT THEY BE DIRECTED AWAY FROM RIGHT-OF-WAY AND ADJACENT RESIDENTIAL PROPERTIES. 5. THAT ALL SIGNAGE BE AS PER CITY CODE. 6. THAT THE APPLICANTS USE DIRECTIONAL SIGNS TO INDICATE THE ENTRANCE ONLY ON THE WESTERN ACCESS AND THE ENTRANCE AND EXIT FOR A.T. AUTO AND TIRE ON THE EASTERN ACCESS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Preliminary Plat Review for the Plat of Orono Heights/Public Hearing Janelle Szklarski, Zoning Assistant, stated that John Plaisted is requesting approval of a preliminary plat for the plat of Orono Heights containing 11 single family lots. Janelle Szklarski indicated that all lots are buildable and meet the City's and DNR requirements. She indicated that both staff and the City Engineer have reviewed the preliminary plat. Janelle indicated that one issue of concern was regarding the location of a street next to an existing home owned by Joe Pouliot. She indicated that Mr. Pouliot's home will be 25 feet from the right-of-way and the required front yard setback is 30 feet. e Planning Commission Representative, Jerry Schroeder, indicated that the Planning Commission recommended approval of the preliminary plat with a large list of stipulations. He stated that their main concern was safety in relation to the layout of the roads in the plat. Janelle Szklarski indicated that Terry Maurer, the City's Engineer, had submitted a letter regarding his review of the preliminary plat, grading plan, and street grades. Mayor Tralle opened the public hearing. Mr. Joe Pouliot of 207 York Avenue indicated he was not in favor of the layout of the road. He stated that the setback rule is not being adhered to by the City because the right-of-way is 25 feet from his property line as opposed to the required 30 feet. He stated he felt the road would be too close to his home. Carmen Pouliot indicated that there are several drainage issue that should be looked at as they are experiencing water problems. Steve Rohlf indicated that the City concerns regarding traffic have been addressed by the Ci ty Engineer and further indicated that all of the lots in the plat meet the City standards. Bill Christian, representing John Plaisted, stated that an alternative plan was looked at but not chosen because of safety reasons. e Frank Schober, of 18216 Albany Street, stated that there is wildlife in the pond in which the Ci ty is proposing to drain the storm drainage. He indicated that after a few years, this wildlife and pond will be affected by the City's drainage plan. City Council Minutes October 21, 1991 Page 7 e Carmen Pouliot indicated that no other alternatives have been considered for the layout of the roads in the plat. She stated she would like to see other alternatives. Kathy Larson of 210 York Avenue questioned what the City would do regarding safety issues on 2nd Street. Steve Rohlf indicated that the sight distance could be improved on 2nd Street by removing some of the brush. Joe Pouliot indicated that he feels the plat is diminishing the value of his home because of the closeness of the road in relation to his house. He also questioned who would be responsible for paying for York Street improvements. Steve Rohlf indicated that improvement costs would be borne by the developer. Kathy Larson indicated that the headlights from the road will be shining into her house. She also stated that she is concerned regarding the extra traffic that will be in the area because there are children that slide onto the road from a hill in her yard. There being no further comments, Mayor Tralle closed the public hearing. e Councilmember Kropuenske stated that he understood the Pouliot's concern. He stated that the road will be running along the Pouliot's lot line which is not uncommon. He indicated that the Planning Commission has done a thorough job in reviewing the plat and he further stated that the City should rely on the City Engineer's advice. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PRELIMINARY PLAT OF ORONO HEIGHTS CONTAINING 11 SINGLE FAMILY LOTS WITH THE FOLLOWING STIPULATIONS: 1. THAT LOT 3 IS ALLOWED ACCESS OFF OF 183RD COURT. 2. THAT THE DEVELOPER IS RESPONSIBLE FOR LOT GRADING WITHIN THE PLAT. THIS GRADING SHOULD INCLUDE A SWALE ALONG THE EAST PLAT LINE TO CARRY RUN-OFF TO THE STREET AS WELL AS GRADING ALONG THE WEST PLAT LINE TO CARRY RUN-OFF TO THE POND. THIS WORK IS SUBJECT TO APPROVAL BY STAFF. 3. THAT THE DEVELOPER IS RESPONSIBLE FOR BOULEVARD RESTORATION AND RESEEDING. 4. THAT $3,500 IN PARK DEDICATION IS PAID PRIOR TO FINAL PLAT RECORDING FOR THE TEN ADDITIONAL BUILDING SITES CREATED. 5. THAT LOT 9 BE MADE AN EXCEPTION TO THE PLAT AND BE PHYSICALLY ATTACHED TO JOHN PLAISTED'S PROPERTY. ALSO THAT LOT 2 BE MADE AN EXCEPTION TO THIS PLAT. e 6. THAT A BERM 4 FEET ABOVE THE ROAD IN THE PLAT BE PLACED ALONG THE SOUTH SIDE OF 183RD COURT AT THE INTERSECTION OF YORK STREET TO BUFFER JOE POULIOT'S HOUSE FROM THE NEW STREET IF THIS IS AGREEABLE TO MR. POULIOT. THIS BERM SHOULD NOT INTERFERE WITH City Council Minutes October 21, 1991 Page 8 e THE DRAINAGE OF THIS PLAT. ALSO THAT THE STREET BE OFF-CENTERED TO THE NORTH IN THIS LOCATION BY A MINIMUM OF 6 FEET WITH THE DISTANCE TO BE DETERMINED BY THE CITY ENGINEER. 7. THAT TWO HYDRANTS BE PLACED IN THIS PLAT, THE LOCATIONS OF WHICH ARE TO BE APPROVED BY THE FIRE CHIEF. 8. THAT SOIL COMPACTION TESTS BE CONDUCTED IN THE LOCATION OF THE EXISTING BUILDINGS PRIOR TO BUILDING PERMIT APPROVAL. 9. THAT THE DEVELOPER IS RESPONSIBLE FOR THE STREET SIGNAGE AND STREET LIGHTS, AND THE LOCATION OF WHICH ARE TO BE PER STAFF'S APPROVAL. 10. THAT THE DEVELOPER PAY THE CITY $900 FOR THE FIRST SEAL COATING OF THE ROAD IN THE PLAT, AN AMOUNT THAT WAS ESTIMATED BY THE CITY ENGINEER. 11. THAT THE CITY ENGINEER PREPARE THE FINAL PLANS AND SPECS FOR THE CITY SEWER, WATER, AND STREET. FURTHER, THAT THE DEVELOPER ESTABLISH AN ESCROW ACCOUNT FOR THE ESTIMATED COST OF PREPARING THE PLANS AND SPECS. e 12. THAT THE DEVELOPER IS RESPONSIBLE FOR SEWER AND WATER LINES TO SERVICE THE LOTS AND THAT THIS WORK IS SUBJECT TO APPROVAL BY STAFF. ALSO, THAT THE DEVELOPER PROVIDE THE CITY WITH ASBUILTS OF THE WATER AND SEWER LINES. 13. THAT THE EASEMENT SURROUNDING THE POND BE ENLARGED TO PROVIDE A TWO TO THREE BOUNCE FROM NORMAL POND WATER LEVEL. 14. THAT THE DEVELOPER ESTABLISH A LETTER OF CREDIT FOR AN AMOUNT TO BE ESTIMATED BY THE CITY ENGINEER TO COVER THE COST OF THE IMPROVEMENTS THAT ARE PROPOSED TO BE ACCEPTED BY THE CITY. 15. A WARRANTY BOND SHALL BE ISSUED TO THE CITY WHICH WILL RUN FOR ONE YEAR AFTER THE DATE THAT THE CITY ACCEPTS THE IMPROVEMENTS WITHIN THE PLAT. THIS WARRANTY BOND SHALL BE FOR 25% OF THE ORIGINAL LETTER OF CREDIT. 16. THAT DEBRIS, TREES, STUMPS, ETC. MAY BE BURIED ONLY ON SITES APPROVED BY THE CITY. 17. THAT PRIOR TO OPEN CUTTING OF THE STREETS TO INSTALL UTILITIES, THE DEVELOPER MUST HAVE TRAFFIC CONTROL PLANS APPROVED BY STAFF, WHICH WOULD DEAL WITH ISSUES SUCH AS FULL RESTORATION OF STREETS, MAINTENANCE OF TRAFFIC FLOW AND BONDING TO ENSURE RESTORATION. 18. THAT THE DEVELOPER REIMBURSE THE CITY FOR ALL COSTS INCURRED IN REVIEWING THIS PLAT PRIOR TO FINAL PLAT APPROVAL. e 19. THAT THE DEVELOPER HAS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL TO COMPLETE THE IMPROVEMENTS TO THE PLAT, AND THAT NO e e e City Council Minutes October 21, 1991 Page 9 BUILDING PERMITS SHALL BE ISSUED UNTIL ALL STIPULATIONS ON APPROVAL OF THE PLAT ARE SATISFIED. 20. THAT THE GARAGE FLOOR ELEVATIONS FOR NEW HOUSES WITHIN THIS PLAT SHALL BE AS LISTED ON THIS PRELIMINARY PLAT. ALSO, THAT THE LOWEST FLOOR ELEVATION ON HOUSES WITHIN THIS PLAT MUST BE AT LEAST 876.9 FEET ABOVE MEAN SEA LEVEL OR ONE FOOT ABOVE MOTTLED SOIL. 21. THAT THE DEVELOPER PROVIDE THE CITY WITH A TITLE OPINION PRIOR TO THE RECORDING OF THE FINAL PLAT. 22. THAT THE DEVELOPER ENTER INTO A DEVELOPER AGREEMENT WITH THE CITY REGARDING THESE STIPULATIONS. ALSO THAT A TRUNK SANITARY SEWER AND TRUNK WATERMAIN ASSESSMENT AMOUNT BE SET IN THIS DEVELOPER AGREEMENT. 23. THAT YORK STREET SHALL BE RESTORED FOLLOWING ITS OPEN-CUTTING AND THAT THE COST OF THE RESTORATION OF YORK STREET SHALL BE PAID BY THE DEVELOPER. 24. LANDSCAPING AND SCREENING ON THE POULIOT'S PROPERTY SHALL BE AS REQUIRED BY THE BUILDING AND ZONING ADMINISTRATOR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Mr. Bob Turocotte, of 18184 Albany, indicated that the drainage proposed to the pond will kill the pond. Mrs. Pouliot questioned whether the Council could add stipulations to the motion regarding landscaping and fencing for their yard. The Building and Zoning Administrator indicated that the requirement of the City would be that the landscaping be six feet high with an 80% opacity. THE MOTION CARRIED 5-0. The City Council recessed at 9:10 and reconvened at 9:20. 6.6. Conditional Use Permit Request by Iverson Homes/Public Hearin~ Steve Rohlf indicated that Iverson Homes is requesting a conditional use permit to build a 31,440 square foot retail shopping mall. Planning Commission Representative Schroeder indicated that the Planning Commission felt that the request met the standards for a conditional use permit and voted in favor of the project. He further indicated that the Planning Commission had several concerns and that the main concern was in regard to traffic. Mayor Tralle opened the public hearing. Dr. Howard Johnson raised several issues regarding the proposed shopping center. He indicated that his main concern is in regard to traffic. He stated that there are already serious traffic problems and much congestion on Main Street. He indicated that he would like to see e e e City Council Minutes October 21, 1991 Page 10 the City address the possibility of no parking on Main Street. Steve Rohlf distributed a memo from the Police Chief recommending that no parking take place on Main Street from Highway 169 westbound to the western boundary of Dr. Johnson's office. Dick Elliot, representing the Guardian Angels, stated he had no objection to the concept. Mr. Elliot raised several issues concerning drainage, the fire lane, and the garbage issue. Steve Rohlf, Building and Zoning Administrator, responded to Mr. Elliot by indicating that these issues have been taken care of during the City's review. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR A RETAIL SHOPPING CENTER WITH THE FOLLOWING STIPULATIONS: 1. THAT A PRIVATE ROAD AGREEMENT IS ENTERED INTO PRIOR TO BUILDING PERMIT ISSUANCE. 2. THAT ALL COST OF IMPROVEMENTS NECESSITATED BY CONSTRUCTION OF THIS BUILDING AND SERVING IT WITH SEWER AND WATER, STORM DRAINAGE, AND ROAD BE BORNE BY THE DEVELOPER. 3. THAT ALL DUMPSTERS AND MECHANICAL EQUIPMENT OUTSIDE THE BUILDING BE SCREENED. ALSO THAT THE PLANTINGS SHOWN ON THE WEST SIDE OF THE PROPERTY TO SCREEN THIS BUILDING FROM GUARDIAN ANGEL'S PROPERTY BE MADE UP OF EVERGREENS TO PROVIDE 80% OPACITY. 4. THAT THE PONDING AREA ON THE NORTH END OF THE PROPERTY BE REGRADING SO THAT IT HOLDS THE CAPACITY REQUIRED PRIOR TO A CERTIFICATE OF OCCUPANCY BEING ISSUED FOR THIS BUILDING. 5. THAT ALL PLANS, AS SUBMITTED, BE ADHERED TO UNLESS STAFF APPROVES MINOR ALTERATIONS. MAJOR ALTERATIONS WOULD NECESSITATE AN AMENDMENT TO THIS CONDITIONAL USE PERMIT. 6. THAT ALL PARKING AND DRIVES BE BORDERED BY CONCRETE CURB AND GUTTER. 7. THAT THE DRIVE ON THE WEST SIDE OF THE BUILDING NOT BE USED FOR PUBLIC OR EMPLOYEE PARKING. THE WEST SIDE OF THIS PARTICULAR DRIVE MUST BE MARKED "FIRE LANE, NO PARKING" AND THE EAST SIDE STRIPED AND MARKED TO IDENTIFY IT AS A LOADING ZONE. 8. THAT THE CITY ACCEPT THE DEVELOPER'S CRITERIA FOR WALL SIGNAGE WITH THE ADDITION THAT SIGNAGE ON THE WEST SIDE OF THE BUILDING NOT BE DIRECTLY LIT. 9. THAT LIGHTING BE AS PER CITY CODE. 10. THAT DRAINAGE CANNOT BE DIRECTED WEST PAST THE CURB LINE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes October 21, 1991 Page 11 e Steve Rohlf requested a motion from the Council acting on the Police Chief's memo in regard to no parking on Main Street. COUNCILMEMBER KROPUENSKE MOVED TO DIRECT THE POLICE CHIEF TO PUT A NO PARKING SIGN FROM HIGHWAY 169 TO EVANS AVENUE STATING NO PARKING FROM 6:00 A.M. TO 6:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mayor Tralle suggested no parking 24 hours per day on Main Street from Highway 169 to the west line of Howard Johnson's lot and from that point to Evans Avenue, no parking from 6:00 a.m. to 6:00 p.m. Councilmember Kropuenske withdrew his motion. Councilmember Holmgren concurred. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE POLICE CHIEF TO POST NO PARKING SIGNS ON BOTH SIDES OF MAIN STREET FROM HIGHWAY 169 TO THE WEST PROPERTY LINE OF DR. HOWARD JOHNSON'S OFFICE AND THAT THE NO PARKING BE 24 HOURS PER DAY AND FURTHER, THAT NO PARKING SIGNS BE POSTED FROM THE WEST LINE OF DR. HOWARD JOHNSON'S OFFICE TO EVANS AVENUE THAT NO PARKING BE ALLOWED FROM 6:00 A.M. TO 6:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Ordinance Amendment 900.12 Creatinll an Antenna Tower Overlay District by Kenneth Van Patten/Public Hearin~ e 6.8. Zone Chanlle to Antenna Tower Overlay District by Kenneth Van Patten/Public Hearin~ 6.9. Conditional Use Permit/Antenna Tower Kenneth Van Patten/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, indicated that Mr. Kenneth Van Patten of Northwest Tower Services is requesting an ordinance amendment to create an over lay district for antenna towers. He stated Mr. Van Patten is also requesting a zone change for a tower. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-21, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-22, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY TO AN ANTENNA TOWER OVERLAY DISTRICT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR AN EXISTING TOWER FACILITY OWNED BY KENNETH VAN PATTEN WITH THE CONDITION THAT ANY ALTERATIONS TO THIS TOWER REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e -- City Council Minutes October 21, 1991 Page 12 6.10.0ther Steve Rohlf informed the City Council that the Sheriff's Department is proposing to build a building near the fair grounds to house water safety equipment. It was the consensus of the Council that there was no problem with this. Steve Rohlf informed the Council that there was an explosion at the NSP Plant. He also informed the Council that there has been a number of exceedances at UPA and that it is becoming a concern. 7. Check Re~ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER WITH THE ADDITION OF A CHECK FOR $11,145 FOR THE PURCHASE OF COMPUTER EQUIPMENT AND CASH REGISTERS AT NORTHBOUND LIQUOR STORE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business There was no other business. 9. City Administrator Uodate The City Administrator distributed a letter from Terry Maurer addressing the County State Aid Highway (CSAH) #1 Proctor Avenue intersection with CSAH #77. The City Administrator indicated that he had received some comments regarding the movement of traffic in this area and, therefore, requested a response from the City Engineer regarding this matter. The City Administrator stated that staff is suggesting that the traffic pattern remain as is and that hopefully at some time in the future the traffic north of County Road #77 on CSAH #1 will continue into four lanes. The Council discussed the reconstructed intersection and took no action. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:30 p.m. Respectfully submitted, //. ...J!/ "~J;~-t7~ C?~d~~/' ~h(dra Thackeray City Clerk .