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03-19-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER COMMUNITY EDUCATION CENTER MONDAY, MARCH 19, 1990 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dobel, Schuldt and Kropuenske MEMBER ABSENT: Councilmember Holmgren - Mayor Tralle noted that Councilmember Holmgren was absent due to a community tour commitment of the Community Center Task Force. STAFF PRESENT: Pat Klaers, City Administrator; Tim Keane, City Attorney; Steve Rohlf, Building and Administrator; and Sandy Thackeray, City Clerk Zoning 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Tralle at 7:00 p.m. 2. Consider 3/19/90 City Council A~eQda 7.12. - Appointment to Shade Tree Board was added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE MARCH 19, 1990, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 3/12/90 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE MARCH 12, 1990, CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Dobel abstained, as he was not present at the 3/12/90 City Council meeting. 4. Open Mike No one appeared before the Council for this item. 5. .Information Meetin~ Re~ardin~ NSP's RDF Processin~ Facility and UPA t S Burn....Ll;!,cil i ty Mayor Tralle stated that this was pre-public hearing meeting and that the purpose of the meeting was to receive public input so that problem areas can be addressed. Mayor Tralle opened the public hearing. Dan Truneau of 236 Norfolk stated his concern regarding the excess noise being projected from the UPA plant and the fact that the noise was very loud in the winter even with his house windows closed. Mayor Tralle stated that the City had received several other complaints City Council Minutes March 19, 1990 . Page 2 e Tralle stated that the City had received several other complaints regarding noise. Steve Shurts, Superintendent of the power plant, indicated that they are aware of the noise. He indicated that they are attempting to solve the problem; however, the ultimate solution would be the installation of a muffler on the stack. He stated that this would be the most costly solution; however, if nothing else works, they will install the muffler to silence the stack. Mr. Truman Moyer of 16807 Highway 10 stated that the noise coming from the NSP Plant is insufferable. He indicated that the noise is constant and it sounds like a clanging noise and also that there is a shrill noise coming from the plant. He further stated that NSP has indicated that they are working on the noise; however Mr. Moyer did not feel that any improvements have been made. He indicated that he is on medication for sleeping due to the noise. Mr. Moyer further indicated.that he is concerned about the explosions which have taken place at 'the plant; about the hospital wastes which have been found at the plant; and also about the litter which has been found strewn on the highway. He indicated that he felt NSP should be responsible for the clean up of the litter. Mr. Moyer further stated that he was concerned about the smell which comes from the plant and further that there is a "film" which comes from the plant. e Mr. Glen Kaas of NSP responded to J'ylr. Moyer by stating that NSP is aware of the noise and that they have taken measures to cut down on some of the noise. He stated that they will have to find out exactly what causes the noises and do some testing in the area and try to reduce the noise to a lower level. Mr. Kaas indicated that there have been four explosions so far and that they are concerned about these explosions. He stated that they are inspecting the loads and trying to determine what is causing the explosions. He indicated that in regard to medical wastes, NSP is also concerned regarding this matter. He stated that NSP has started spot checking the loads that come through the plant and going thoroughly through the entire load in the truck. He indicated that an awareness to the haulers is important and that letters have been sent to haulers explaining what types of wastes the plant will allow. Mr. Moyer indicated that he is also concerned about the speed of trucks from the RDF Plant to Elk River. He indicated that he feels that it is a dangerous area due to the number of garbage trucks and feels that the speed should be reduced in that area. Diane Galbreck of 11369 192nd Avenue indicated her concern regarding contamination of food groups and ground water. Mayor Tralle indicated that the City's Environmental Consultant, Liesch and Associates,. are keeping a close check on these matters. e Mayor Tralle stated that the issues brought up tonight are issues which will be addressed as the City goes through the process of renewing the conditional use permits and licenses for both NSP and UPA. He indicated that this process will take place every two years, therefore, allowing the City to keep problems under control. . e e City Council Minutes March 19, 1990 Page 3 The Council discussed the traffic and the large trucks going in and out of the plant and whether they cause a major inconvenience on ~ighway 10. Steve Rohlf, Building and Zoning Administrator, reviewed with the Council the City's concerns and issues regarding NSP and UPA. These concerns are listed in the memo to the Mayor and City Council from the Building and Zoning Administrator dated March 12, 1990. Mayor Tralle closed the public hearing and thanked the public for sharing their concerns. 6. Consider Transient Merchant License for Robert Madland/Public Hearin~ Mayor Tralle indicated that Mr. Robert Madland is requesting consideration of a transient merchant license renewal to sell flowers in the City of Elk River. COUNCILMEMBER DOBEL MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE FOR ROBERT MAD LAND OF 8332 NEEDHAM AVENUE NE TO SELL FLOWERS 'WITHIN THE CITY LIMITS OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.1. Ordinance Amendment/Si~n/Section 900.22/Public Hearin~ - Tabled Mayor Tralle indicated that the Planning Commission did not complete the review of the sign ordinance at their February meeting, therefore, the city staff is requesting continuation of this item. Mayor Tralle opened the public hearing. COUNCILMEMBER DOBEL MOVED TO CONTINUE THE ORDINANCE AMENDMENT TO THE CITY'S SIGN ORDINANCE SECTION 900.22 UNTIL THE APRIL 16, 1990, CITY COUNCIL MEETING TO BE HELD AT THE ELK RIVER CITY HALL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Ordinance Amendment to the ScreeninJt. Landscapin~. Li~htin~. Stora~e. and Outdoor Display Ordinance/Public Hearin~ Mayor Tralle indicated that this ordinance amendment had been advertised as a public hearing. However, it has not been to the Planning Commission for review. Mayor Tralle opened the public hearing. There being no comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO TABLE THE ORDINANCE AMENDMENT TO THE SCREENING, LANDSCAPING, LIGHTING, STORAGE, AND OUTDOOR DISPLAY ORDINANCE, SECTIONS 900.24 AND 900.30, UNTIL A DATE TO BE ADVERTISED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.3. Variance Request Si~na~e for Terry Lee DouJtlas/Public HearinJt City Council Minutes March 19, 1990 , Page 4 e Mayor Tralle indicated that Mr. Douglas is requesting an increase on the maximum size allowed for a permanent subdivision identification sign. He indicated that the Planning Commission was unable to pass a recommendation on this item and, therefore, staff is requesting Council to continue the public hearing until April 16. Mayor Tralle opened the public hearing. There being no comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO CONTINUE THE PUBLIC HEARING FOR THE VARIANCE REQUEST FOR SIGNAGE UNTIL APRIL 16, 1990, TO BE HELD AT ELK RIVER CITY HALL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Conditional Use Permit to Establish a PUD A~reement for Outlot A Deerfield III/Public Hearin~ Mayor Tralle indicated that the Planning Commission did not act on this issue due to the moratorium which was established on the development of this property. He indicated that staff is requesting Council to table this item until a date to advertised in the future. e Mayor Tralle opened the public hearing. There being no comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO TABLE THE CONDITIONAL USE PERMIT REQUEST FOR A PUD AGREEMENT ON OUTLOT A, DEERFIELD III ADDITION UNTIL A DATE TO BE ADVERTISED IN THE FUTURE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Kropuenske abstained. 7.5. Administrative Subdivision Reauest by Leroy Eastman/Public Hearin~ Mayor Tralle indicated that Leroy Eastman is request to subdivide an approximately 29 acre parcel into two 5 acre parcels and a 19 acre parcel. Steve Rohlf, Building and Zoning Administrator, reviewed the location of the property with the Council. Mr. Rohlf indicated that Mr. Wollum of 18479 Cleveland Avenue informed him that he does not want to see the split because other properties in the area are ten acres or more and that he had a concern regarding the extra drainage 'created by the administrative subdivision. The Building and Zoning Administrator indicated that he would be requesting that the Engineer again look at the increased drainage that the administrative subdivision may create to Mr. Wollum's property. Mayor Tralle opened the public hearing. e Mr. Leroy Eastman stated that he did not feel, the administrative subdivision will cause additional drainage on Mr. Wollum's property. City Council Minutes March 19, 1990 Page 5 e There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION AS REQUEST BY LEROY EASTMAN TO SUBDIVIDE AN APPROXIMATE 29 ACRE PARCEL INTO TWO 5 ACRE PARCELS AND ONE 19 ACRE PARCEL CONTINGENT UPON THE FOLLOWING STIPULATIONS: 1. THAT MR. EASTMAN PAY $700 IN PARK DEDICATION FEES FOR THE TWO NEWLY CREATED PARCELS. 2. THAT MR. EASTMAN PROVIDE THE CITY WITH THREE NEW LEGAL DESCRIPTIONS FOR THE RECORDING OF THESE PARCELS. 3. THAT MR. EASTMAN DEDICATE ADDITIONAL RIGHT-OF-WAY TO THE COUNTY IF REQUESTED BY THE COUNTY, AND THAT THE COUNTY OKAY TWO ADDITIONAL DRIVEWAYS ONTO COUNTY ROAD #40. 4. THAT THE CITY ENGINEER LOOKS AT THE POSSIBILITY OF INCREASED DRAINAGE AND THAT IT BE ADDRESSED IF THERE IS A PROBLEM. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6. Administrative Subdivision Request by Jeff Mastley/Public Hearin~ e Mayor Tralle indicated that Jeff and Barb Mastley are requesting an administrative subdivision to subdivide an approximately six acre parcel into two parcels. The property is located on Lot 12, Block 2, in the plat of Fairhaven Hills. The Building and Zoning Administrator reviewed the site location with the Council. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF MASTLEY TO SUBDIVIDE A SIX ACRE PARCEL INTO TWO PARCELS LOCATED ON LOT 12, BLOCK 2 IN THE PLAT OF FAIRHAVEN HILLS WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PETITIONER PROVIDE TWO NEW LEGAL DESCRIPTIONS FOR THE RECORDING OF THE TWO NEWLY CREATED PARCELS. 2. THAT $350 PARK DEDICATION FEE BE PAID TO THE CITY FOR THE CREATION OF THE ADDITIONAL BUILDING SITE. 3. THAT THE PROPOSED LOT LINE BETWEEN THE TWO LOTS MAINTAIN A MINIMUM 20 FOOT SETBACK FROM THE EXISTING HOUSE ON THE NORTHERN PARCEL. e COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.7. Request for Multiple Principle Buildin~s by Arden Krinke/Public HearinJlt City Council Minutes March 19, 1990 Page 6 e Mayor Tralle indicated that Mr. Arden Krinke is proposing to build an 18 X 24 foot Barber Shop on the same lot as the dwelling located at 413 Main Street. Peter Kimball, Planning Commission Representative, indicated the approval of the request would allow the construction of a small Barber Shop, in addition to the existing single family house on the lot. He indicated that there were some neighborhood concerns at the Planning Commission meeting. He also stated that the Planning Commission discussed handicapped accessibility and adequate parking. He indicated that Planning Commission looked at the general concept of the idea and felt that it would fit. There was no negative discussion on the matter and the Planning Commission recommended approval unanimously. Mayor Tralle opened the public hearing. Scott Darcy, 11137 193rd Avenue, stated that he worked for a utility company and requested that the City look seriously at allowing at least 10 feet between buildings because in some areas of the City where the side yard setback is less than 10 feet, it is difficult to access the utility lines. The Building and Zoning Administrator, addressed Mr. Darcy's concern. He indicated that the area Mr. Darcy is speaking about is Presidential Estates which allows for six feet between houses and that the two buildings associated with this request would be 81/2 apart. e Lee Schlosher spoke on behalf of Arden Krinke. Mr. Schlosher indicated that the utilities to this building would be coming in the front of the home and would not need to be accessible between the buildings. Mr. Schlosher stated that Mr. Krinke agrees with the stipulations set forth in the Building and Zoning Administrator's memo. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE REQUEST FOR MULTIPLE PRINCIPAL BUILDINGS PER LOT BY ARDEN KRINKE TO ALLOW AN 18 X 24 FOOT BARBER SHOP ON THE SAME LOT AS HIS DWELLING LOCATED AT 413 MAIN STREET WITH THE FOLLOWING STIPULATIONS: 1. THAT $1,500 OF PARK DEDICATION FEE BE PAID. 2. THAT THE PROPOSED DRIVE AND PARKING BE HARDSURFACED AND STRIPED WITH DIMENSIONS AS PER THE PROPOSED SITE PLAN OR GREATER TO ALLOW CARS TO TURN AROUND AND ENTER MAIN STREET FORWARD. 3. THAT THE AIR CONDITIONING UNIT AND DUMPSTER ON THE SOUTH SIDE OF THE PROPOSED BARBER SHOP BE SCREENED (FENCED AND OR PLANTING). 4. THAT THE DEVELOPERS ARE RESPONSIBLE FOR PROVIDING SEWER AND WATER LINES TO THE PROPOSED BARBER SHOP IN A DESIGN APPROVED BY THE CITY ENG I NEER. e 5. THAT THE PARKING LOT BE LIGHTED AS PER CITY CODE. City Council Minutes March 19, 1990 . Page 7 e 6. THAT ALL SIGNAGE BE AS PER CITY CODE. 7. THAT DRAINAGE OF THIS SITE BE ACCOMPLISHED AS PER THE ATTACHED SITE PLAN. 8. THAT THE OUTSIDE APPEARANCE OF THE BARBER SHOP BE ARCHITECTURALLY HARMONIOUS WITH THE DESIGN OF THE EXISTING RESIDENCE ON THE LOT. 9. THAT WIDENING THE CURB CUT TO THE LOT IS THE PETITIONER'S EXPENSE AND APPROVAL OF THIS WORK BE AS PER THE CITY STAFF. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.9. Final Plat Review for Bailey/Beck Plat By R & D Development/Public Hearin~ Mayor Tralle indicated that R & D Development is requesting final plat approval of the Bailey/Beck Addition. He stated that the plat consists of 16 single family lots and 11 townhouse lots, all with city sewer and water. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE FINAL PLAT OF THE BAILEY/BECK ADDITION BY R & D DEVELOPMENT WITH THE. FOLLOWING STIPULATIONS: e 1. THAT FINAL DESIGN FOR THE STREET, SEWER, WATER, GRADING AND DRAINAGE BE AS PER TERRY MAURER, CITY ENGINEER. AN ESCROW ACCOUNT HAS BEEN RECEIVED AND MR. MAURER IS WORKING ON THE FINAL DETAILS OF THESE PLANS. THESE PLANS WILL ALSO ADDRESS DRAINAGE FROM A SPRING ON THE PLAT PROPERTY. THESE PLANS SHOULD ALSO GIVE LOTS 2, 3, 4, REASONABLE ACCESS TO CITY WATER LINES. 2. THAT THE DEVELOPER GAIN APPROVAL OF ALL NECESSARY PERMITS FROM OTHER AGENCIES SUCH AS THE DNR, FOR THE TOWNHOUSE UNITS AND DRAINAGE OUTLETTING TO LAKE ORONO, THE DEPARTMENT OF HEALTH, FOR APPROVAL OF THE WATER MAIN EXTENSION, AND MPCA FOR APPROVAL OF THE SANITARY SEWER EXTENSION. 3. THAT TIPTON IS A 32' WIDE FACE OF CURB TO FACE OF CURB URBAN SECTION ROAD WITH CONCRETE CURB AND GUTTER AND A 7 TON DESIGN. FINAL APPROVAL OF THESE STANDARDS IS AS PER TERRY MAURER, .CITY ENGINEER. 4. THAT THE DEVELOPER REIMBURSE THE CITY FOR ALL PLATING FEES. 5. THAT PRIOR TO RECORDING THIS PLAT, AN $85,000 LETTER OF CREDIT IN FAVOR OF THE CITY BE PROVIDED BY THE DEVELOPER FOR SECURITY ON THE IMPROVEMENTS THE CITY IS TO ACCEPT WITHIN THIS PLAT. e 6. THAT STREET LIGHTS BE PROVIDED ON THE CORNER OF UPLAND AND FIFTH, TIPTON AND UPLAND, HIGHWAY 10 AND UPLAND AND AT THE END OF THE CUL-DE-SAC ON TIPTON. THE LIGHTS AND THE INSTALLATION OF THEM TO BE PAID FOR THE DEVELOPER. THE FEE FOR RUNNING THE LIGHTS TO BE PAID FOR BY THE CITY. City Council Minutes March 19, 1990 Page 8 e 7. THAT LOTS 1-7, BLOCK 2, HAVE THEIR LOWEST FLOOR AT LEAST 878 FEET ABOVE MEAN SEA LEVEL. 8. THAT A TOWNHOUSE ASSOCIATION AGREEMENT IS PROVIDED BY THE DEVELOPER AND APPROVED BY THE CITY ATTORNEY PRIOR TO RECORDING THE PLAT. THIS IS TO GUARANTEE THE MAINTENANCE OF THE PRIVATE DRIVE TO ACCESS THE TOWNHOUSES AND THE COMMON LOT SURROUNDING THEM. 9. THAT THE TOWNHOUSE UNITS ARE PROVIDED TWO GARAGE STALLS EACH, PARKING IS AS SHOWN ON THE PRELIMINARY PLAT, AND PRIVATE ROAD AND PARKING IS HARDSURFACED. 11. THAT LOT 12, BLOCK 2 IS TOTALLY LANDSCAPED. 10. THE THE DEVELOPERS BE GIVEN ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL TO ACCOMPLISH THE IMPROVEMENTS IN THIS PLAT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.10 Ordinance Amendment/Model Homes Section 900.02 (13)/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, stated that the City has been dealing with the question of the model homes since the Council eliminated temporary real estate offices from the City ordinance. e Peter Kimball, Planning Commission Chairman, indicated that the Planning Commission is looking at the possibility of an ordinance that would deal with interim uses which would be an addition to the existing model home ordinance but would not be a change to this ordinance. Mr. Kimball indicated that the Planning Commission felt that all existing model homes in the City of Elk River meet the definition of the current ordinance and, therefore, the Planning Commission is recommending that no change be made to the model home ordinance. Councilmember Schuldt stated that the City Council has had several discussions regarding the use of model homes as a business office for their company. He questioned whether these would still be qualified as a model home if they are operating a business office out the model home. Steve Rohlf indicated that the Council would be addressing each model home on a yearly basis to see if the circumstances change. Steve Rohlf stated that there are model homes wi thin the City whose time periods have expired. He stated that the Planning Commission reviewed each of these model homes and made recommendations regarding each home to the City Council. COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE EIGHT RECOMMENDATIONS MADE BY THE PLANNING COMMISSION REGARDING THE EXTENSIONS OF TIME PERIODS FOR THE FOLLOWING MODEL HOMES: e 1. NEW CREATION'S MODEL LOCATED AT 11625 197TH AVENUE - THE PLANNING COMMISSION RECOMMENDED AN EXTENSION UNTIL MARCH, 1991. City Council Minutes March 19, 1990 Page 9 e 2. ZIELGER'S MODEL LOCATED AT 11537 197TH AVENUE - THE PLANNING COMMISSION RECOMMENDED AN EXTENSION FOR THAT MODEL UNTIL MARCH 31, 1991. 3. CHRISTIAN REALTY'S MODEL/TEMPORARY REAL ESTATE OFFICE LOCATED AT 18847 DODGE STREET - THE PLANNING COMMISSION RECOMMENDED DENIAL OF ANY EXTENSION FOR THIS MODEL/REAL ESTATE OFFICE. CHRISTIAN REALTY INDICATED THAT THEY NO LONGER WISH TO USE IT FOR EITHER A MODEL OR A REAL ESTATE OFFICE. 4. COUNTRY OAK'S MODEL LOCATED AT 19009 DODGE STREET - BECAUSE IT IS THE LAST LOT IN DEERFIELD III, PRIOR TO ENTERING DEERFIELD IV, THE PLANNING COMMISSION RECOMMENDED THAT THE TIME LIMIT SET ON THIS MODEL BE AS PER MODELS IN DEERFIELD IV. THIS IS IN ESSENCE A THREE YEAR EXTENSION TO THE LIFE OF THAT MODEL. 5. SHAFFER BUILDERS' MODEL LOCATED AT 19170 YALE STREET - THE PLANNING COMMISSION RECOMMENDED DENIAL ON THE EXTENSION TO' THE TIME PERIOD FOR THIS MODEL. SHAFFER BUILDERS INDICATED THAT THEY NO LONGER WISH TO USE IT AS A MODEL. 6. LIND HOMES' MODEL LOCATED AT 11243 190TH AVENUE - THE PLANNING COMMISSION RECOMMENDED DENIAL OF AN EXTENSION TO THIS MODEL HOME. LIND HOMES DO NOT WISH TO CONTINUE THE USE OF THE HOME AS A MODEL. e 7. TERRY LEE REALTY AND HOMES' MODEL LOCATED AT 18237 YANKTON STREET - THE PLANNING COMMISSION'S RECOMMENDATION WAS CONSISTENT WITH THE COUNCIL'S REGARDING THIS MODEL. THEY RECOMMEND AN EXTENSION UNTIL AUGUST 31, 1990. 8. MARVIN GEORGE BUILDERS' MODEL LOCATED AT 18260 YANKTON STREET - THE PLANNING COMMISSION RECOMMENDED DENIAL OF USE OF THIS HOME AS A MODEL. MARVIN GEORGE BUILDERS INDICATED THAT IT WAS MORE OF A SPEC HOME, WHICH HAS BEEN SOLD. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.11 Moratorium on Development of Property Associated with Focused Area Plannin~ Study B Councilmember Kropuenske indicated that he has been contacted by the developers of the school property with a request that the school property be excluded from the moratorium area. The Council discussed the possibility of eliminating the School District property from the moratorium. e Steve Rohlf, Building and Zoning Administrator, stated that a similar request was in front of the Council from the Developers of Outlot A, Deerfield I II Addition. Council decided to keep that Outlot in the moratorium since the development of that property would effect adjacent traffic and uses to the north of it. Mr. Rohlf went on to state that the development of the School District property would not negatively effect traffic in the area but the Council should consider how likely City Council Minutes March 19, 1990 . Page 10 e the School District property is to stay as C-3/Highway commercial. Mr. Rohlf stated that the property is currently zoned C-3/Highway commercial and the Planning Consultant reflected this property as highway commercial in his proposed plan. Mayor Tralle opened the public hearing at this time. Scott Darcy of 11137 193rd Avenue questioned the zoning of the property. Steve Rohlf explained to Mr. Darcy that the idea of the moratorium is to study property in the area before it is decided what should go in that area. Mr. Darcy indicated that he felt the City should try to keep the businesses in one spot. He indicated his concern regarding existing homes in the area and how a change in zoning could affect the people in the area. Mayor Tralle explained that the moratorium is giving the City time to come up with a good plan without being burdened with requests from the property owners until the City Council and Planning Commission feel that there is a good development scheme for this area. e Mary Eberley, of 20204 Smith Street, indicated that she would prefer to see nothing piecemealed out of the determined moratorium area. She indicated she was referring to the School District property and felt that there should be a plan for the whole area so that there will be continui ty of the area. Councilmember Kropuenske stated that unless the City anticipates rezoning the area, the moratorium would not affect the school property. He stated that there are no plans for rezoning that area and if the City does not remove the property from the moratorium there could be a potential of loosing development to neighboring communities. Jerry Schroeder, Planning Commission representative, indicated that the line drawn for the moratorium was drawn arbitrarily and feels that the School District could be excluded from the moratorium with no negative effects provided traffic concerns are addressed. Steve Scheffler, of 19863 Zane Avenue indicated that he felt there was a problem with the intersection at the corner of School Street and Highway 169. He stated that he felt this area should be included with the moratorium so that proper planning can take place of that particular corner and to the development of Highway 169. There being no further comments from the public J Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-4, AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF ELK RIVER PROVIDED THAT THE SCHOOL DISTRICT PROPERTY LOCATED ON THE CORNER OF HIGHWAY 169 AND SCHOOL STREET BE EXCLUDED FROM" THE MORATORIUM. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Councilmember Kropuenske indicated that he made the motion and voted even though his employer is involved in purchase of property: within the City Council Minutes March 19, 1990 Page 11 e moratorium area. He indicated that his company would be impacted negatively by his vote. 7.12 Shade Tree Representative Steve Rohlf, Building and Zoning Administrator, stated that the County has a Board to deal with shade tree information. He indicated that he would like to research some of the possibilities regarding City representation on this Board. He suggested that new employee, Gary Schmitz, Recycling Coordinator, be appointed to the Board. I t was the consensus attend the Shade Tree Council at a later appointment. of the Council that Mr. Schmitz be allowed to Board meetings and that staff recommend to the date whether this would be an appropriate 7.8 Variance Request Re~ardin~ Si~na~e by Elk River Americlnn Motel Mayor Tralle indicated that Elk River Americlnn Motel, represented by Rob VanValkenburg and Mike Leary, is requesting a variance to the sign ordinance to construct a free standing sign with faces in a triangular configuration with each face being 290 square feet in size and approximately 75 feet in height. He indicated that the request is for a 226 square foot variance over the allowable 64 square foot maximum size limit and also a 55 foot variance to the allowable 20 foot maximum ~ height limitation. Jerry Schroeder, Planning Commission representative, stated that the Planning Commission voted against the request by a 4-2 vote. He indicated that he voted in favor of the sign variance, but that he did not necessarily agree with the size that they were asking for. He indicated that he felt it was a difficult situation and that there may be some room for compromise. He indicated that Planning Commission representative, Al Nadeau, felt the same way he did. Peter Kimball, Planning Commission representative, stated that the State dictates the variance stipulations and, therefore, there should be no compromise. He indicated that there is a hardship, but it is not a unique hardship; it is an economic hardship. He stated that 90 percent of the reason for the variance request was of an economic nature. Mr. Kimball further indicated that Commissioner Fuchs was unable to be present at the Planning Commission meeting, however, he did submit a memo to the Planning Commission stating his views on the request. He indicated that he would be against the request, therefore, if Mr. Fuchs would have been there, the vote would have been 5-2. e Mike Leary stated that he felt they have a unique situation. He stated that they were under the impression that they would be able to have signage on Highway 101 which would allow traffic coming north to see the sign. However, there is a moratorium on signs on Highway 101. Mr. Leary stated that 65 to 70 percent of all the residency through the motel will come from transient traffic and without a sign as they are asking for, people will not be able to recognize that there is a motel in that location. He indicated that reason for the height variance City Council Minutes March 19, 1990 Page 12 tit request is to get the sign over the trees along the Mississippi River. He stated that they cannot cut the trees on the riverbank due to DNR regulations. Mr. Leary stated he felt the City's sign ordinance was lacking in certain areas. He stated that high speed traffic is not addressed in the sign ordinance. He stated that they are looking at a high traffic pattern and will not be able to show people on Highway 101 that they are located in that site. Mr. Leary and Mr. VanValkenburg requested to show a slide presentation showing what other communities are doing regarding signage. . After the slide presentation, they requested permission to show a video presentation which would show the visibility of the sign they are requesting. Mr. VanValkenburg indicated that they hired a ,boom truck to show the height of the signage they are requesting which would give them the visibility they need from Highways 10 and 101. After viewing the video and the slide presentation, Mayor Tralle agreed that the need for the variance is there, however, he indicated that the applicants did not meet the stipulations for the variance other than an economic hardship which the Council cannot consider. e Steve Rohlf, Building and Zoning Administrator, indicated that there may be a more proper way to deal with this request other than a variance. He indicated that a sign ordinance amendment may be what is needed. After discussion by the Council regarding the variance request, it was the consensus that a precedence would definitely be set if a variance were granted. Building and Zoning Administrator, Steve Rohlf, suggested that the City contact MnDDT regarding a blue sign (series E) along Highway 101 for the motel. It was the consensus of the Council to direct staff to write a letter to MnDDT requesting a series E sign for the motel to be located on Highway 101. Mayor Tralle opened the public hearing. Rob VanValkenburg indicated that although a series E sign would be helpful, they cannot be guaranteed that they will get the sign. Mr. Rob Lindquest of Americlnn motels spoke regarding the hardship needed in order have a variance granted and stated that he felt this si tuation proved to have an extreme hardship due to the river and the DNR regulations. Steve Rohlf, Building and Zoning Administrator, stated that he did not feel this was a unique situation because of the fact that there are other businesses in the area that cannot advertise above the tree line. e Councilmember Kropuenske indicated that he would not be favor of the variance because the applicant could not meet the five standards. He further indicated that he felt the City's sign ordinance was inequi table at this time because of the fact that certain businesses need signage in order operate. City Council Minutes March 19, 1990 Page 13 e Mayor Tralle stated that even if the City Council did grant the variance, the DNR would have the final say regarding the variance and he did not feel that a variance would be granted by the DNR. Steve Rohlf indicated that the DNR will not go over 35 feet in height, therefore, the City's sign ordinance will not be able to exceed the height allowance of the DNR. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO DENY THE REQUEST FOR A SIGN VARIANCE. FOR THE Americlnn motel DUE TO THE FACT THAT THE REQUEST DID NOT MEET THE FIVE STANDARDS REQUIRED FOR A VARIANCE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO DIRECT STAFF TO PREPARE A LETTER TO BE SIGNED BY THE MAYOR WHICH WILL REQUEST MNDOT TO ALLOW A SERIES E SIGN FOR THE MOTEL ON HIGHWAY 101. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Check Rel'!ister e Councilmember Schuldt questioned line item 015325, which refers to Rotary Chamber fines being reimbursed to Richard Fursman in the amount of $32.00. Councilmember Schuldt indicated he did not feel it was the City's duty to paying Rotary fines to employees. The City Administrator indicated that at the time of hiring Dick Fursman as Economic Development Coordinator, it was required that he attend Rotary meetings, and further, did not feel it was fair that Mr. Fursman pay the fines from his own pocket. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Schuldt opposed. 9. City Administrator Update No information was presented under this item. 10. Other Business There was no other business presented. 11. Adjournment There being no further business, COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 10:10 p.m. ~ Respectfully submitted, jJ __~J (?:~rk,->---k/~ 'J(~-1?P~4 ~andra Thackeray, City Clerktf