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08-20-1990 CC MIN -- e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY, MONDAY, AUGUST 20, 1990 Members Present: Vice Mayor Schuldt, Councilmembers Holmgren, Kropuenske and Dobel Members Absent: Mayor Tralle Staff Present: Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistantj Sandy Thackeray, City Clerk; Tim Keane, City Attorney; Terry Maurer, City Engineer; Peter Kimball, Planning Commission Representative 1. Call Meeting to Order Pursuant to due call and notice thereof, Vice Mayor Schuldt called the meeting of the Elk River City Council to order at 7:00 p.m. 2. Consider 8/20/90 City Council Agenda Item 6.3, Councilmember Holmgren, was added to the agenda. The Building and Zoning Administrator noted that the City Engineer would not be present until 7:30 p.m. and requested that Items 5.2 and 5.3 be delayed until he arrived. It was the consensus of the Council to hear Item 5.4 prior to 5.2 and 5.3. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 8/20/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 8/6/90 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 8/6/90 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike John Plaisted addressed the Council and stated that he had decided to build a building in Elk River three months ago and was informed by staff that he was in the correct zone. Mr. Plaisted indicated that due to a recent ordinance amendment, he was recently informed that he would not be issued a building permit to construct the building unless the area in which he was building was platted. Mr. Plaisted stated that the business he is proposing to, put in the building will rely on the building being constructed this year. Mr. Plaisted stated that he felt the newly adopted ordinance puts an unnecessary tax and burden on commercial and industrial business. He City Council Minutes August 20, 1990 Page 2 e stated that this would be a detriment to the commercial and industrial business coming into Elk River. Councilmember Kropuenske stated that he realizes the City Council reviewed and approved this ordinance, but felt the Council should look at the ordinance again. Councilmember Kropuenske indicated that with 44 square miles in Elk River, it is impossible to have all of the City's industrial land platted because of the cost involved. He indicated that the City should look at putting together a simplified platting mechanism for commercial and industrial business. Councilmember Schuldt stated that it was not the intent of the ordinance to penalize industrial development. It was the consensus of the Council to review this ordinance again at a later date. Discussion pursued regarding the predicament that John Plaisted was in due to the adoption of this ordinance. It was suggested that Mr. Plaisted be issued a building permit so that he could start construction, but that no occupancy permit be issued until the area is platted. It was also suggested that Mr. Plaisted could go through an administrati ve subdivision rather than the regular platting procedure, which would save him time. e COUNCILMEMBER KROPUENSKE MOVED THAT THE CITY COUNCIL INSTRUCT THE BUILDING AND ZONING ADMINISTRATOR TO ISSUE A BUILDING PERMIT TO MR. PLAISTED, BUT THAT THE OCCUPANCY PERMIT FOR THE BUILDING NOT BE ISSUED UNTIL THE PLATTING PROCESS, THROUGH AN ADMINISTRATIVE SUBDIVISION, IS WORKED OUT BY STAFF AND CITY COUNCIL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Vice Mayor Schuldt informed the audience that staff is recommending to table Item 5.6 so that the Growth Management Plan text can be amended prior to adding the zone changes and land use changes. He informed the public that this will be held on September 17, 1990, at 7:00 at the Elk River Public Library. Vice Mayor Schuldt informed the public that they may either wait until 5.6 comes up on the agenda and voice their opinion at that time or they may come back to the September 17 meeting as this will be a continued public hearing of this item. e Pat DeMars indicated that he was present two weeks ago to inform the Council of the flooding problems he is experiencing on his property at 429 Line Avenue. He stated that' since that last Council meeting he has investigated the situation and does not feel that the flooding is caused from the blocked cuI vert. He stated that there is a holding pond in his area to accommodate the surrounding properties; however, there is no outlet to the holding pond and when the holding pond is full, the water goes onto his land and floods his basement. He stated that his property gets flooded before the water reaches the blocked e e e City Council Minutes August 20, 1990 Page 3 cuI vert. Terry Maurer, City Engineer, stated that he would have his crew do some elevations of 5th Street and of both banks, and will be able to determine what is causing the problems after this work is done. He stated that he would present the Council with a memo regarding this matter at the next Council meeting. 5.1 Consider Administrative Subdivision David Gow/P.H. Steve Rohlf, Building and Zoning Administrator stated that he is requesting the Council to table this item due to an inadequate site plan. COUNCILMEMBER DOBEL MOVED TO CONTINUE THE PUBLIC HEARING FOR AN ADMINISTRATIVE SUBDIVISION REQUESTED BY DAVID GOW UNTIL SEPTEMBER 17, 1990, 7:00 P.M. TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4 Consider Conditional Use Permit Day-care/First Step Preschool/P.H. Zoning Assistant, Janelle Szklarski, stated that First Step Preschool is requesting a conditional use permit to operate a licensed day-care facili ty for 20 children in an R-4 zoning district located at the Central Lutheran Church, 1103 School Street. Vice Mayor Schuldt opened the public hearing. There being no one for or against the matter, he closed the public hearing. Peter Kimball, Planning Commission Representative, stated that the Planning Commission considered this item, placed six stipulations on the request and voted to approve the request. COUNCILMEMBER DOBEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A DAY-CARE FACILITY LOCATED AT 1103 SCHOOL STREET WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PRESCHOOL BE INSPECTED BY THE BUILDING OFFICIAL FOR COMPLIANCE WITH APPLICABLE BUILDING CODES. 2. THAT THE ENTIRE PLAY AREA BE FENCED. 3. THAT THE PRESCHOOL BE SUBJECT TO A TWO YEAR REVIEW. 4. THAT THE SIGNAGE FOR THE PROPOSED DAY-CARE BE ACCORDING TO CITY CODE. 5. THAT THE PRESCHOOL IS ALLOWED A MAXIMUM OF 20 CHILDREN AT ONE TIME. 6. THAT THE PRESCHOOL IS TO OPERATE IN THE UPPER LEVEL OF THE CENTRAL LUTHERAN CHURCH AS SHOWN IN THE SITE PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes August 20, 1990 Page 4 e Councilmember Kropuenske stated that he is the president of Central Lutheran, but that he would have voted on the matter even if he was not a member of the church because the request is a clearly stated issue. 5.2 Consider Conditional Use Permit/Elk River Development Corporation Outlot A/P.H. Consider Administrative Subdivision/Elk River Development Corporation Outlot A/P.H. 5.3 Steve Rohlf, Building and Zoning Administrator, indicated that the businesses proposed on Outlot A have withdrawn their offer for the land after Planning Commission review. He requested the City Council to review the PUD requirements for the area so that the owners of the property would have a clear understanding of what is allowed on the property. Vice Mayor Schuldt opened the public hearing. The memo from the Building and Zoning Administrator dated July 19, 1990, was reviewed item by item by the City Council. The numbers listed in these minutes coincide with the numbers listed in the previously mentioned memo starting on Page 6, titled "Summary of staff's recommended conditions". - 1. Steve Rohlf, Building and Zoning Administrator, stated that the affected property should be split through the platting process. Peter Kimball, Planning Commission Representative, stated that the Planning Commission felt the property should be platted due to the sensitivity of the area and the complexity of the area. 2. The Building and Zoning Administrator stated that staff is recommending uses allowed as principal and condi tional uses in a C-2 zone be allowed within a PUD. The Building and Zoning Administrator stated that the petitioners have requested that retail be added to the list of uses allowed in the PUD. He stated that the City's Planning Consultant felt that there are certain commercial uses that should be excluded and that there are some uses that would be proper for the area with certain criteria such as hours of operation, buffering, etc. The Planning Consultant felt retail would be appropriate. Peter Kimball stated that the Planning Commission considered this item for about one hour and 45 minutes. He indicated that 80% of the time was spent on traffic and safety issues. He stated that the design of the intersection and the fact that there are so many pedestrians in the area were major considerations. e Councilmember Kropuenskestated that some of the retail businesses would generate less traffic than permitted uses in the C-2 zone and felt that retail should be included as long as it is controlled. Arlon Fuchs stated that he would like to have retail limited to smaller type retail businesses dependent upon the traffic flow. City Council Minutes August 20, 1990 Page 5 e Ed Wortman, 11857 Dodge Avenue, stated that he felt there should be another way to get to Outlot A. Steve Rohlf stated that there could not be another frontage road between Dodge Avenue and Highway 169. Tim Christeen, 11378 189th Avenue, questioned what type of retail would be allowed in the area. It was indicated that if retail were allowed in the area it would be controlled due to traffic volume. Terry Maurer stated that traffic counts have been done in that area. He reviewed with the Council and public the results of the traffic counts. Mr. Maurer indicated that a determining factor of the traffic situation is based on a level of service from A through E. He stated that the level of service at the present time for the Elk Hills/Dodge Street intersection is A, which is considered the highest level of service. Mr. Maurer stated that taking into account that all available lots are filled and Outlot A is consumed by commercial, the traffic count would increase dramatically and the level of service would drop to B. e Mr. Maurer reviewed with the Council the ultimate intersection design for that area. He stated that the intersection has the capacity to handle the traffic generated at the present time and in the future, but it is a question of operation and how much the City wishes to spend on improvements. Terry Maurer further stated that he did not feel this was an unusual situation with the number of vehicles in relation to single family housing. He stated that there are other single family areas in Elk River who have traffic volumes that match or exceed this area. It was the consensus of the City Council to allow some retail uses along with the C-2 uses in Outlot A. 3. Steve Rohlf reviewed the dimensional regulations for the PUD as listed in his memo. It was indicated under iii that this stipulation could be eliminated during the site plan review process. It was further indicated that the number of accesses onto Dodge Avenue should be limi ted. Under item D, it was the consensus of the Council that the maximum building height be 24 feet. 4. It was the consensus of the Council to add the following to Number 4: That there be no signs on the east side of the building. That the signs on Dodge Avenue be limited to Driveway ID signs. 5. That the following be added: That the applicant must submit to standards of a conditional use permit and the request be processed as a conditional use permit. 6. No change. e 7. No change. 8. Discussion was held regarding the hours of operation proposed, 7 a.m. to 7 p.m., being too restrictive. City Council Minutes August 20, 1990 Page 6 e Arlon Fuchs indicated that many delivery trucks come and deliver between 2:00 a.m. and 3:00 a.m. and felt that delivery hours should be restricted. Lou Polack stated that even a 9:00 p.m. limit would be restrictive for potential buyers. He proposed a 10:00 p.m. time limit for a closing time. Lou Polack further stated that he would like the option for a business to petition the Council to stay open longer. It was the consensus of the Council that the hours of operation be from 7:00 a.m. to 10:00 p.m. and that deliveries are restricted to 10:00 a.m. to 7:00 p.m. 9. No change. 10. Developer be changed to petitioner. 11. Developer be changed to petitioner. 12. This item is a newly added item and shall state that the parking lot shall be on the Highway 169 side of the buildings on this parcel. e There being no further comments from the public, Vice Mayor Schuldt closed the public hearing. Stephen Rohlf indicated staff would prepare a formal PUD agreement reflecting the Council's stipulation for the 9/17/90 City Council meeting. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PLANNED UNIT DEVELOPMENT STIPULATIONS AS LISTED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED JULY 19 , 1990 , ON PAGES 6 THROUGH 8 , ITEMS 1 THROUGH 11 AND FURTHER THAT THE STIPULATIONS LISTED BY THE COUNCIL BE INCLUDED IN THESE ITEMS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 9:25 p.m. and reconvened at 9:45 p.m. Vice Mayor Schuldt indicated that Item 5.3 would not be considered because it was withdrawn by the petitioner. 5.5 Consider Conditional Use Permi t Mineral Excavation Bauer ly Brothers t Inc./P.H. e Building and Zoning Administrator, Stephen Rohlf, stated that Bauerly Brothers, Inc. are requesting a conditional use permit and license to continue to run an existing gravel pit. He further indicated that he has received a letter from Bauerly Brothers regarding the reclamation plan which will be on file in the minute book. Peter Kimball stated that after reviewing the property, the Planning Commission strongly recommended that the Council reduce the requirement for soil reclamation from 3 inches to 1 inch which is the existing City Council Minutes August 20, 1990 Page 7 e amount of topsoil on the site. He stated that the Planning Commission recommended that the area be planted with vegetation. He further indicated that the Planning Commission recommended that if any trees greater than 4 inches in diameter are removed, they should be replaced with new trees. Peter Kimball indicated that the Planning Commission recommended approval of the conditional use permit. Vice Mayor Schuldt opened the public hearing. Jerry Bauerly stated his agreement with the requirement that trees which are to be removed should be replaced. There being no further comments regarding this manner, Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A MINERAL EXCAVATION OPERATION BY BAUERLY BROTHERS, INC. LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, MINNESOTA, WITH THE 18 STIPULATIONS STATED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED AUGUST 15, 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A GRAVEL MINING LICENSE FOR BAUERLY BROTHERS, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Stephen Rohlf indicated he would provide the Council with a formal CUP reflecting their stipulations at their 9/17/90 meeting. 5.6. Consider Ordinance Amendment. Land Use and Zonin~ MaDs/City of Elk River/Public Hearin~ Vice Mayor Schuldt indicated that this matter will be continued to the September 17, 1990, City Council meeting. However, because it was advertised as a public hearing, he would take public comment at this meeting. Earl Hohlen questioned why the Planning Commission did not consider zoning any area near his trailer park as multi-family so that he could move his trailer park away from the Highway to allow for the Highway business zone, and relocate in a multi-family zone. He stated he would like the Council to consider this and he would bring it up again at the September 17, meeting. Peter Kimball stated that he felt that the Planning Commission may have over looked the trailer park when considering the zone changes in that area. He stated that he would bring the matter up at the upcoming Planning Commission worksession for the Planning Commission to consider and that he would present their decision to the City Council. e Earl Hohlen further stated to the City Council that he is having water run off from Ron's and Northbound dumped onto his property. City Council Minutes August 20, 1990 Page 8 e COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE SEPTEMBER 17, 1990, CITY COUNCIL MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7:00 P.M. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Consider Ordinance Amendment Permitted Accessory and Conditional Uses by the City of Elk River/Public Hearin~ Zoning Assistant, Janelle Szklarski, stated that as part of the implementation of the focus area studies, several ordinance amendments are needed. She stated that the ordinance amendments relate to two single family residential zones which are being created for the focus area studies, restrictions on agricultural uses, metal skinned buildings, and government buildings and facilities. Vice Mayor Schuldt opened the public hearing. e Dan Tveite stated he lived in M-Vale 2nd Addition and in that area there are currently four lots between five and nine acres in size. He stated with the newly proposed ordinance amendment, they would not be allowed to have agricultural uses (horses) on their property. Mr. Tveite indicated that they are not actually part of the M-Vale plat and that he and the three other adjoining property owners are opposed to the ordinance amendment as they would no longer be able to have horses on their property. He stated that when they bought the property they were told that they would be able to have horses. Building and Zoning Administrator, Steve Rohlf, stated that he and the other neighbors should go through the proper mechanism, which would be a zone change, for their property. He stated this would best address their situation. There being no further comments from the public, Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE FOLLOWING ORDINANCES: ORDINANCE 90-29, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT SUBDIVISION B-A1 AGRICULTURAL CONSERVATION DISTRICT ORDINANCE 90-30, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT SUBDIVISION C-Rl SINGLE FAMILY DISTRICT ORDINANCE 90-31, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT SUBDIVISION K-I1 LIGHT INDUSTRIAL e ORDINANCE 90-32, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT SUBDIVISION L-I2 MEDIA INDUSTRIAL COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes August 20, 1990 Page 9 e 5.8. Consider Ordinance Amendment General Rel'(ulation By the Ci ty of Elk River/Public Hearinl'( Zoning Assistant, Janelle Szklarski, stated that staff is recommending an ordinance amendment to Section 900.20, which places greater restrictions on accessory buildings by limiting their size and number. She stated that the Planning Commission unanimously recommended approval of the ordinance amendment. Vice Mayor Schuldt opened the public hearing. There being no one for or against the matter, the public hearing was closed. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-33, AN ORDINANCE AMENDING SECTION 900.20 GENERAL REGULATIONS SUBDIVISION 4 ACCESSORY STRUCTURES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1. Temporary Malt Liquor License for Knil'(hts of Columbus City Clerk, Sandy Thackeray, stated that the Knights of Columbus have made application for a temporary On-Sale Malt Liquor license. She stated that they are hosting a softball tournament at the Elk River Orono softball complex and the license will be for August 25th and 26th. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A TEMPORARY ON-SALE 3.2 LICENSE FOR THE KNIGHTS OF COLUMBUS FOR AUGUST 25TH AND 26TH AT THE ORONO SOFTBALL COMPLEX CONTINGENT UPON THE CITY RECEIVING LIQUOR LIABILITY INSURANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. GamblinI'( License for VFW at the Elk River Bowl City Clerk, Sandy Thackeray, stated that Elk River Rogers VFW Post is making an application for renewal of their gambling license to be held at the Elk River Bowl. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE GAMBLING LICENSE FOR ELK RIVER/ROGERS VFW POST TO BE HELD AT THE ELK RIVER BOWL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Councilmember Holml'(ren Councilmember Holmgren stated he would like the City Council to authorize staff to look at the potential City Hall site to be located at the "hole in the ground" on the Jenne property. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO CONSIDER THE "HOLE IN THE GROUND" PROPERTY AS A POSSIBLE SITE FOR CITY HALL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Councilmember Holmgren stated that he has reviewed this matter with Mayor Tralle and Mayor Tralle is in full agreement. e e - City Council Minutes August 20, 1990 Page 10 7. Adjournment There being no further business, COUNCILMEMBER KROPUENSKE MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 10:30 p.m. Respectfully submitted, c;/~ ~~~ 'Sandy Thackeray 7 City Clerk