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03-18-1985 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MARCH 18, 1985 --, Members Present: Mayor Hinkle, Councilmembers Engstrom, Williams Schuldt and Gunkel. Members Absent: None 1. Agenda Item 13~ - Resolution 85-6, Item 16A - City Administrator Search and Item 16B, Water Tower Site were added to the March 18th, 1985 City Council Agenda. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE MARCH 18, 1985 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 2. Minutes A. March 5th City Council Meeting The motion was added to Item 13 of the March 5, 1984 City Council Meeting Minutes. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE MARCH 5,1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. B. March 11th City Council Meeting Mayor Hinkle was absent from the March 11, 1985 City Council Meeting. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MINUTES OF THE MARCH 11, 1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Open Mike No one appeared for this item. 4. Burley Conditional Use Permit Request - P.H. Mr. Don Wille representing the Planning Commission, indicated that Mr. Burley of 825 Xenia Ave. has requested a conditional use permit to operate a business from his home, consisting of the selling of antiques and collectables. Commissioner Willie indicated that the Planning Commission unanimously approved the conditional use permit with the following conditions. 1. That the conditional use permit be reviewed in one year. 2. That the hours of operation be from 10:00 AM to 5:00 PM during the week and from 10:00 AM to 9:00 PM during the weekend. 3. That there be no outside employees. 4. That the provision of the city's ordinance be met, regarding Section 900.2 (3). for parking and appearance. Mr. Willie further indicated that Mr. Burley had indicated that the business would be operated primarly by appointment only, but wanted the stipulated hours to allow for flexibility. . City Council Minutes March 18, 1985 Page Two ---, Mayor Hinkle opened the public hearing. Mr. Joe Raymond questioned the City Ordinance regarding Section 900.2 (3) addressing parking and appearance. Mr. Rick Breezee, Building and Zoning Administrator indicated that Section 900.2 (3) indicates that there shall be no traffic greater than expected by the neighborhood and that no parking be allowed on the street. Rick Breezee further indicated that off street parking should be provided other than the yard area of the residence. General discussion was carried on regarding the general traffic in the area of Xenia and Hwy. 10. Mr. Robert Burley indicated that he did not have any intent of causing a parking or traffic problem in the area of his home because of the home occupation. Mr. Burley further indicated that he has parking available in his driveway and further indicated that he has full intent to abide by the City's ordinance regarding his home occupation. Further discussion was carried on regarding other retail shops in the area and traffic problem. Discussion was also carried on regarding the affect of home value because of the home occupation. Discussion was also carried on regarding large semi-truck traffic in the area. Councilmember Schuldt indicated that the Planning Commission addressed the specific concerns of the neighborhood regarding parking, traffic hours, employees,by the conditions of the conditional use permit. COUNCILMEMBER SCHULDT MOVED TO GRANT. A CONDITIONAL USE PERMIT TO MR. ROBERT BURLEY OF 825 XENIA AVE. TO OPERATE AN ANTIQUE AND BOUTIQUE SALE FROM HIS HOME WITH THE FOLLOWING CONDITIONS. 1. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN ONE YEAR. 2. THAT THE HOURS OF OPERATION BE FROM 10:00 AM TO 5:00 PM DURING THE WEEK AND FROM 10:00 AM TO 9:00 PM DURING THE WEEKEND. 3. THAT THE PROVISIONS OF THE CITY ORDINANCE BE MEET WITH REGARD TO SECTION 900.2 (3) FOR PARKING AND APPEARANCE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Ordinance Amendment - Veterinary Clinics as Condo Use in R-lb - P.H. Planning Commission representative Don Wille, indicated that the Planning Commission had considered the ordinance amendment to allow Veterinary Clinics in a R-lb Zone at their February 26, 1985 Planning Commission Meeting. Commissioner Wille indicated that the Planning Commission moved to recommend denial of the ordinance . amendment to the City Council. Mayor Hinkle opened the public hearing. City Council Minutes March 18, 1985 Page Three Mr. Dave Gilgenbach indicated that the purpose of the ordinance amendment to allow Veterinary Clinics in a R-lb Zone was to allow for a Veterinary Clinic to be located on the City's 5 acre parcel of property on Hwy. 169 which is currently zone R-lb. Mr. Gilgenbach indicated that he is interested in purchasing the 5 acre parcel from the City and that the City Council directed the Planning Commission to consider an ordinance -amendment or zone change to allow for Veterinary Clinics on the Hwy. 169 property. Commissioner Wille, indicated that the Planning Commission is sensitive to Mr. Gildenbach's interest in the property on 169, but further indicated that the conditional use amendment proposed would set a precedent for similar uses in other residental areas within the City. Mayor Hinkel indicated that Mr. Philip Hals, Street Superintendent has some comments to be made to the City Council regarding the use of the Hwy. 169 site. Mr. If2l'1s indicated that in his comparison of the Hwy. 169 site and the proposed Public Works Garage Site in the Industrial Park, he favors the 169 site for the following reasons: 1. The site provided gravel for the Lion's Park. 2. The site would be more usable once the gravel was removed from the site and the site was leveled. 3. The 169 is located next to the Mn/DOT garage site which would be beneficial as the City exchanges materials and services with Mn/DOT. Mr. Phil Hals indicated that there was some discussion as to the City's need for the total 5 acres and further indicated that he felt the City would need all five acres because of the future needs for expansion or merger with the Elk River Utilities. Councilmember Gunkel indicated that she appreciated the comments from Mr. Phil Hals, Street Superintendent, and further indicated that she felt that as soon as someone has expressed interest in purchasing the 5 acre parcel on Hwy. 169, the City then can come up with all kinds of uses for theprbperty. Councilmember Gunkel indicated that the public hearing was to consider an ordinance '~mendment to allow Veterinary Clinics in a Rl-b zone. Councilmember Gunkel further indicated that she agreed with the Planning Commission regarding denial of allowing Veterinary Clinics as a conditional use in a Rl-b zone, and further indicated that she felt the Planning Commission should review the area along Hwy. 169 for a commercial zone. Councilmember Gunkel indicated that Hwy. Maintenance Garages are not addressed in the City's zoning ordinance, and further indicated that she felt the Planning Commission should consider a zone to allow for maintenance garages as well. Mr. Dave Gilgenbach indicated that he had presented a proposal to purchase the property from the City Council approximately two years ago, and again proposed purchase of the property approximately one month ago. Mr. Dave Gilgenbach indicated that he felt the property was a prime location for his proposed use of a Veterinary Clinic. Discussion was carried on regarding the Hwy. 169 property versus the proposed public works location in the Industrial Park. . City Council Minutes March 18, 1985 Page Four Mr. Gilgenbach indicated that he would consider a joint use with the City Public Works, Garage on the 5 acre parcel of property. Mr. Gilgenbach further expressed his interest in the location on Hwy. 169 for his business. COUNCILMEMBER SCHULDT MOVED TO DENY AN ORDINANCE AMENDMENT TO ALLOW VETERINARY CLINICS AS A CONDITIONAL USE IN A Rl-B ZONE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO REQUEST THAT THE PLANNING COMMISSION CONSIDER A ZONE CHANGE FOR PROPERTY ALONG HWY. 169 AND TO DEFINE A USE FOR THE MN/DOT GARAGE AND CITY GARAGE WITHIN THE CITY'S ZONING ORDINANCE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Rick Breezee, Building and Zoning Administrator indicated that he has had two Hotel requests for commercial property with sewer and water, at this time, the City does not have enough commercial property served by sewer and water. 6. Barrington Replat #3 Prelim. & Final Plat - P.H. Planning Commission representative Mr. Don Wille, indicated that the preliminary and final plat for M&S Development is to allow for an existing four parcels to be increased to eight parcels. Mr. Wille indicated that the Planning Commission unanimously approve the replat No. 3 of Barrington Place for M&S Development. Mayor Hinkle opened the public hearing. Mr. Rick Breezee Building and Zoning Administrator, indicated that the replat in consideration is a zero lot line plat and, therefore, the exact lines cannot be defined until the foundations are in place. Therefore, the final plat is bought to the City Council for approval after the foundations have been placed. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR THE BARRINGTON PLACE REPLAT NO. 3 BY M&S DEVELOPMENT. COUNCILMEMBERGUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Kreuser Final Plat - P.H. Mr. Don Wille representative of the Planning Commission, indicated that the final plat for consideration was the Kreuser Townhome, Plat #3. Mr. Wille indicated that the Planning Commission unanimously approved the final plat at their February 26, 1985 Planning Commission meeting. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Kreuser Townhome final plat. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE KREUSER TOWNHOME FINAL PLAT. #3. COUNCIL- MEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. . . City Council Minutes March 18, 1985 Page Five 8. Dietz Zone Change - WITHDRAWN, to be resubmitted to the Planning Commission at their March 26, 1985 Planning Commission Meeting. 9. Barthel Concept Approval Mr. Mel Beaudry indicated that parcel B of the Barthel Planned Unit Development was planned for multi-family, and further indicated that the concept currently proposed before the City Council is a single-family housing concept. Mr. Beaudry, indicated that it appears the single-family housing concept is more marketable in Elk River. Mr. Beaudry indicated that after meeting with Zack Johnson,planning consultant, and Mr. Rick Breeze, it is proposed that Parcel B would contain 45 single lots rather than the original proposed 50 lots. Mr. Beaudry further in- dicated that in the 45 lot concept the average lot is 7,800 sq. ft. Mr. Beaudry further indicated that the proposed park was also removed and the lots were re- designed to extend to the utility easement. General discussion was carried on regarding the lot size and the utility easement. Mr. Rick Breezee indicated that the single-family concept was discussed with Bob Middaugh, previous City Administrator, the police chief, Mr. Zack Johnson, the Cities planning consultant, and the street department. Mr. Breezee further in- dicated that it was the consensus that the single-family concept would be satis- factory for Parcel B of the PUD development. Discussion was carried on regarding the need for snow storage and the fact that the proposed 45 lots allowed for the necessary snow storage between the driveways of each lot. Further discussion was carried on regarding the size of the street and the proposed 50 ft. right-away with the 32 ft. paved area. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SINGLE-FAMILY CONCEPT FOR PARCEL B OF THE BARTHEL PLANNED UNIT DEVELOPMENT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Jacobson Prelim. Plat - P.H. Mr. Jacobson indicated that he was submitting a preliminary plat of his development, Oak Meadows located East of Tyler Street, North of 197th Street, and consisting of approximately 76 acres. Mr. Jacobson indicated the development would consist of approximately 19 lots ranging from 2.5 to 5.7 acres. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Preliminary Plat. . City Council Minutes March 18, 1985 Page Six 1 Mr. Rick Breezee Planning and Zoning Administrator, indicated that the Planning Commission and Mr. Terry Mauer of Maier Stewart & Assoc., Inc. had concerns with the Prelim. Plat as proposed and further indicated that those concerns were addressed in the revised preliminary plat submitted to the City Council. General discussion was carried on regarding the proposed cul-de-sac and the out-lots at the edge of the property. on regarding the extension of Polk Street. preliminary plat. the Discussion was carried It was the consensus that the extension of the cul-de-sac and Polk Street would be addressed in the developers agreement addressing who would be responsible for those extensions should they be necessary. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE PRELIMINARY PLAT OF OAK MEADOWS LOCATED EAST OF TYLER STREET AND NORTH OF 197TH STREET. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Elliot Conditional Use Permit - P.H. Mr. Don Wille representative of the Planning Commission, indicated that Mr. Elliot is requesting a conditional use permit to build a second pole barn building on his property. Mr. Wille indicated that the Planning Commission voted to recommend to the City Council to grant a conditional use permit with the following conditions. 1. That the permit be reviewed in one year. 2. That the building be used for storage only. 3. That the building be painted an earthtone color. Mayor Hinkle opened the public hearing. indicated that he did not object to Mr. on his property. Mr. Brian Anderson, a neighbor of Mr. Elliot Elliot's request to build a second pole barn Councilmember Williams indicated he was a neighbor to Mt. Elliot and requested that Mr. Elliot explain his need for a second building on the property. Mr. Elliot indicated that he repairs and restores antiques and classic cars. Mr. Elliot further incicated that he also is a member of an old engine club, therefore, also stored old engine parts. Mr. Elliot indicated that he wanted to build a 30' x 40' pole building for storage of equipment such as riding lawnmowers, and his classic vehicles. Discussion was carried on regarding Mr. Elliot's 'hobby' or business. Discussion was also carried on regarding the complaints, the Police Department and the Building and Zoning Administrator have received concerning the noise and traffic at the Elliots property. Discussion was also carried on regarding the request of a second accessory building on Mr. Elliot's property. Mr. Williams indicated that he felt that if Mr. Elliot was allowed to build a second building it would clean up his property as he has a number of pieces of equipment and vehicles currently stored outside. --, City Council Minutes March 18, 1985 Page Seven Discussion was also carried on regarding the size of the building allowed in the City's Zoning Ordinance. Mr. Rick Breezee indicated that an accessory building used for other than agricultural is limited to a 1000 sq. ft. in size. Further discussion was carried on regarding the intensity of the land, and the use of the land in a platted area: COUNCILMEMBER WILLIAMS MOVED TO AUTHORIZE A CONDITIONAL USE PERMIT FOR MR. ELLIOT TO CONSTRUCT A 1000 SQ. FT. STRUCTURE ON HIS PROPERTY. THE MOTION DIED FOR A LACK OF A SECOND. COUNCILMEMBER GUNKEL MOVED TO DENY THE CONDITIONAL USE PERMIT REQUEST BY MR. FLOYD ELLIOT TO CONSTRUCT A SECOND ACCESSORY BUILDING ON HIS PROPERTY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBERS WILLIAMS AND ENGSTROM OPPOSED. It was the consensus of the City Council that the Planning Commission review the Cities Zoning Ordinance addressing intensity of land use. 12. Nussbaum Variance - P.H. Mr. Don Wille Planning Commission Respresentative, indicated that Mr. Nussbaum's variance request was to relocate his animal holding area which was previously approved by the City Council to an area, which also contains a pond behind the barn. Mr. Wille indicated that Mr.Nussbaum has indicated that he would plant trees along the property line to create a buffer from the Greenhead Sub-division. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Nussbaum variance request. Mr. Rick Breezee indicated that Mrs. Kim Reiner indicated that she did not have a problem with the Nussbaum variance request if the plantings were planted. Councilmember Williams indicated that the Nussbaum property was close to his property and therefore, he was aware of the proposed variance request location. General discussion was carried on regarding the Nussbaum property, the location of the pond, the planting of trees along the property line for a buffer and the number of ducks and geese allowed on the property. Mr Samuel Nussbaum indicated that he has requested the variance, as the original approved holding area is wooded and the ducks and geese keep migrating to the pond area, therefore, he was requesting approval of the ponding area as a holding area. Mayor Hinkle indicated he was not in favor of the request to keep approximately 10 turkeys on the property. Mr. Rick Breezee Building and Zoning Administrator, indicated that the City does have a nuisance ordinance and should the City receive co~glaia~sregarding the animals on the Nussbaum property, the City will enforce the nuisance ordinance. --, City Council Minutes March 18, 1985 Page Eight COUNCILMEMBER GUNKEL MOVED TO APPROVE MR. SAMUEL NUSSBAUM'S VARIANCE REQUESTING THE RELOCATION OF THE ANIMAL HOLDING AREA TO THE PROPERTY BEHIND THE BARN WITH THE STIPULATION THAT A TREE LINE BE PLANTED ON THE NORTH AND WEST PROPERTY LINE TO PROVIDE FOR A SCREEN OR BUFFER FROM THE SURROUNDING RESIDENTAL AREA. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3...1. COUNCILMEMBER WILLIAMS OPPOSED. 13. Ordinance Amendment - Renner Conditional Use Permit Request - Continued-P.H. Mr. Don Wille, Planning Commission Representative indicated that the proposed ordinance amendment for consideration is to amend Section 900.16 (8) of the Zoning Ordinance to allow for a live-in residence for security reasons as a conditional use in a I-I and 1-2 zoning district. Mr. Wille indicated that the ordinance amendment was unamimously approved by the Planning Commission. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the ordinance amendment. Mr. Rick Breezee Building and Zoning Administrator indicated that the ordinance amendment was drafted by the city's attorney to contain specific language which addresses the single-family residence in a I-I zone. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE AMENDMENT 85- 7 AN ORDINANCE AMENDMENT TO ALLOW FOR LIVE-IN SECURITY RESIDENCE IN AN INDUSTRIAL ZONE. COUNCIL- MEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 13~. Resolution 85-6 Mayor Hinkle indicated that resolution 85-6 is a resolution expressing City of Elk River's support in the development of a resource recovery facility in the City of Elk River. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 85-6, A RESOLUTION RELATING TO THE JOINT EFFORT BY THE CITY OF ELK RIVER, SHERBURNE COUNTY, ANOKA COUNTY IN THE COORDINATION OF SOLID WASTE ABATEMENT ACTIVITIES. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0T 14. Denzer Request - Private Road Moretorium This item was withheld until further notice. 15. Water Tower Financing - Add'l Bonding Runs Acting City Administrator, Mr. Orvil Johnson indicated that the sample bonding runs were for the City Council's information only, regarding various bonding issue options for the financing of the Water Tower. . . -<!'< -, City Council Minutes March 18, 1985 Page Nine 16. Board of Education Request Mayor Hinkle indicated that the City received a copy of a resolution adopted by the Board of Education expressing concern over the increase flbwof traffic on School Street and requested the City to place two traffic control lights, that would be activated during the starting of school and dismissal of school. It was the consensus of the City Council to authorize the Police Chief to re- search flashing lights on School Street. 16~. Update Items a. City Administrator Search Mr. Orvil Johnson, Acting Administrator, indicated that he, the Mayor, and City Managers from Anoka and Monticello had narrowed the approximate 75 applications to 15. Mr. Johnson further indicated that those 15 applicants were sent an additionalquestionaire consisting of 7 questions and were asked to respond by March 20,1985. Mr. Johnson indicated that he would forward all responses to the 7 questions to the City Council for their review and scoring. b. Water Tower Site COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE PURCHASE AGREEMENT FOR THE WATER TOWER SITE FROM ENNO SCHMIDT AND AUTHORIZED THE EARNEST MONEY TO BE SUBMITTED WITH THE PURCHASE AGREEMENT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MARCH 18, 1985 CHECK REGISTER COUNCIL- MEMBER WILLIAMS SECONDED. THE MOTION. THE MOTION PASSED 4-0. There being no further business, COUNCILMEMBER SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBERGUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~ Phyllis Boedigheimer City Clerk/Treasurer