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06-17-1985 CC MIN ~ REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 17, 1985 Members Present: Mayor Hinkle, Councilmember Schuldt, Engstrom, Williams and Gunkel. Members Absent: None Also Present: Planning Commission Chairman Tralle and Planning Commissioner Fuchs. 1. The meeting was called to order at 7:30 p.m by Mayor Hinkle. 2. Agenda Item #9 was removed from the June 17, 1985 City Council agenda. COUNCILMEMBERGUNKEL MOVED TO APPROVE THE JUNE 17,1985 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes A. Minutes of June 3, 1985 City Council Meeting. Correction made on Page three, Item 116 - Should read consisted of "nine lots" not consisted of "none lots." Also on Page four, second paragraph should read Mayor Hinkle closed the public hearing not opened the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Minutes of June 10, 1985 City Counc il Meeting. Correction made on Item #3 - Should read "Councilmember Gunkel seconded the motion" not Williams. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE JUNE 10, 1985 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Jerald Bernard Variance Request - P.H. Planning Commissioner Tralle~ introduced a request by Mr. Jerald Bernard of 21460 Jarvis Street, Elk River for a variance to the 600 foot setback requirement to allow him to construct a 24' x 27' metal-skinned accessory building approximately 450 feet from a neighboring residence. Planning Commissioner Tralle noted that the Planning Commission reviewed the applica- tion and felt the request was reasonable and recommended approval on a six to zero vote. City Council Minutes June 17, 1985 Page Two Mayor Hinkle opened the meeting for public hearing. No one spoke for or in opposition of the Jerald Bernard Variance Request. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE REQUEST FOR VARIANCE FROM MR. GERALD BERNARD. COUNCILMEMER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Ordinance Amendment Request by Mr. Ed Shimek - P.H. Planning Commissioner Arlon Fuchs introduced a request by Mr. Ed Shimek of 10709 West River Road, Brookly Park. for an ordinance amendement to allow produce markets as a principal use in the C-3B Highway Commercial Zoning District on East Highway #10. Commissionner Fuchs indicated that Mr. Shimek wish to improve and expand an existing produce market in the C-3B Highway Commercial district, but as the produce market is presently a nonconforming use, Mr. Shimek would be very limited in the extent of improvements that could be made to the property. Commissioner Fuchs stated that the Planning Commission unanimously recommended approval of the ordinance amendment. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the ordinance amendment request. Mayor Hinkle closed the public hearing. Mr. Shimek explained that he has signed a purchase agreement for the property, contin- gent upon approval of the ordinance amendment. He further explained that he wished to improve and expand the business as a farm and garden market. Rick Breezee, Building and Zoning Administrator, informed the City Council that Mr. Shimek could continue operation of the produce market at its present level even though it is a nonconforming use, since the ordinance allows transfer of ownership of a nonconforming use if operation of the nonconforming use has not ceased operation for less than 12 months. He further stated that Mr. Shimek has expressed his intention to clean up the property and turn it into an attractive and profitable business but would not be able to carry out his plans without becoming a conforming use. Discussion was carried on regarding the Wohlner produce market located on Highway #10 in a C-3A Zoning District and complaints associated with the operation as being an eyesore. Councilmembers Gunkel and Schuldt expressed their concerns that if produce markets were allowed as principal uses in the area proposed by Mr. Shimek, virtually anyone could come in and set up a sub-stand operation such as Mr. Wohlner has. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ORDINANCE AMENDMENT TO ALLOW PRODUCE MARKETS IN THE C-3B HIGHWAY COMMERCIAL ZONING DISTRICT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION FAILED 3~2. COUNCILMEMBERS GUNKEL AND SCHULDT OPPOSED. ~ City Council Minutes June 17, 1985 Page Three Councilmember Gunkel indicated that perhaps the request could be processed as a conditional use permit. Mr. Shimek indicated that he was very aware of City government procedures and the conditional use process, and that he felt the conditional use process was to lengthly and restrictive. He further expressed his concern that conditional uses were granted for a specific time period and a City Council in the future may feel differently and restrict his use of the property. He further indicated that if the ordinance amendment to allow the produce market as a principal use were not approved, he was not interested in the property and would withdraw his offer to purchase it. He further stated that in order to make a living from the business, he would need to improve and expand it. Councilmember Williams indicated that he did not see the conditional use process as tough. Mr. Shimek indicated that he felt the request was compatible with the nursery, Ak-Sar-Ben which was located across the road. Councilmember Engstrom indicated that it was his feeling that what Mr. Shimek was proposing was a year around type operation and would be less objectional when compared to a seasonal operation such as Ak-Sar-Ben. He further stated that he was in favor of the request. Discussion was carried on regarding the reqest being brought up as a conditional use rather than a principal use to place controls on such an operation. Mayor Hinkle expressed his concern that if every request that came in were required to be as a conditional use, it would discourage businessess to come to Elk River. Councilmember Gunkel and Schuldt again expressed their concern over the Wohlner property and questioned whether the zoning ordinance would prevent the same situation from occur- ing in the C-3B Zoning District. Rick Breezee indicated that Mr. Shimek wouldihave to comply with the City's nuisance ordinance and the State Building Code requirements. Councilmember Schuldt questioned whether or not what Mr. Shimek was proposing could be considered a nursery, which would be a permitted use in the C-3B zone. Commissioner Tralle indicated that Mr. Shimek felt his proposed business would be more related to a produce market-type operation. COUNCILMEMBER GUNKEL MOVED TO RECONSIDER THE SHIMEK ORDINANCE AMENDMENT REQUEST. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 85-8, AN ORDINANCE AMENDING SECTION 900.12, SUB. 9 OF THE CITY OF ELK RIVER'S ZONING ORDINANCE, TO ALLOW PRODUCE MARKETS AS PRINCIPAL USES IN THE C~3B HIGHWAY COMMERCIAL ZONING DISTRICT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. City Council Meeting June 17, 1985 Page Four 7. Ordinance Amendment Request by Don and Dorothy Crispin - P.H. Commissioner Tralle introduced a request by Don and Dorothy Crispin for an ordinance amendment to allow motels as principal uses in R-1C Single Family Residential Zoning Districts. Commissioner Tralle explained that the Crispins presently owned the Landmark Motel on Main Street, which is a nonconforming use. He further explained that the reasons for the Crispin's request is that the zoning ordinance provides that if 50% or more of the assessed value of a nonconforming use is destroyed by a catastrophe such as a fire, that the nonconforming use could not be rebuilt. Commissioner Tralle stated that the ordinance presently allows up to 25% improvement of the nonconforming use. Commissioner Tralle further commented that the Crispins were not aware that the property was a nonconforming use when they purchased it, but he felt it was a case of "let the buyer beware". Commissioner Tralle stated that the Planning Commission unani- mously recommended denial of the ordinance amendment request. Mayor Hinkle opened the public hearing. No one was present in the audience for or in opposition of the ordinance amendment. Mayor Hinkle closed the public hearing. It was the consensus of the City Council that motels were not an appropriate use in residential districts throughout the City. COUNCILMEMER SCHULDT MOVED TO DENY THE REQUEST BY DON AND DOROTHY CRISPIN FOR AN ORDINANCE AMENDMENT TO ALLOW MOTELS AS PRINCIPAL USES IN R-1C SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Barrington Square Preliminary and Final Plat & Site Plan Review for Lot Two of Barrington Square. A. Barrington Square PUD Preliminary and Final Plat Planning Commission Chairman Tralle indicated that Mr. Gary Santwire was present to discuss his proposal for Barrington Square Planned Unit Development. Chairman Tralle indicated that the Planning Commission had reviewed Mr. Santwire's request at their May 28th meeting and voted 5-1 in favor of approval of the .preliminary plat with five stipulations as recorded in the Planning Commission meeting minutes. Mr. Gary Santwire explained that the proposed plat is to be located adjacent to Dodge Avenue, north of the McDonalds restaurant. Mr. Santwire indicated that the plat contains five parcels, two of the parcels to be outlots and three to be buildable lots. Mr. Santwire ,indicated that OutlotA, located directly adjacent to the Elk Hills Subdivision would serve as a buffer and also as a storm water holding pond. He further stated that Outlot B is located directly west of Outlot A across Dodge Avenue and will be utilized for overflow of drainage for the other lots. Mr. Santwire indicated that the three buildable lots may be serviced by either Dodge Avenue or along a 60' road easement located between lots two and three of the proposed plat and the McDonald's Restaurant. Mr. Santwire further indicated that he would be presenting a site plan to the Council for their approval if the preliminary and final plat were approved . . ~ City Council Meeting June 17, 1985 Page Five Mr. Santwire presented the following list of proposed uses for the Barrington Square Pud,that had been agreed upon by the residents, developers and Planning Commission at their joint meeting. 1. Retail establishments 2. Personal service establishments 3. Professional and business offices 4. Bank and Financial Institutions 5. Dental and medical clinics 6. Two-family dwellings 7. Mortuaries Mayor Hinkle opened the public hearing. Mr. Earl Hetrick asked that the public hearing be postponed because his attorney was out of town and could not represent him. Mayor Hinkle indicated that he did not feel it would be fair to the petitioner and others present for the public hearing to postpone the hearing. Mrs. Pat Hetrick expressed her feeling that the list did not represent the desires of the residents and was solely the developer's and Planning Commission's list of uses. Chairman Tralle indicated that he was present at the meeting Mrs. Hetrick was referring to and that although all the residents of the area were not present, those that were certainly had input in the discussion and development of the list Qf~.uses. Discussion was carried on regarding the developer's attempts to meet with the residents of Elk Hills. Milo Hennemann questioned whether or not the road easement could be moved from the south of the proposed plat to the northern portion. Mr. Santwire indicated that if the easement were located on Lot 1, Lot 1 would not be buildable. Mayor Hinkle expressed his concern of assessments on outlots and the fact that the City eventually ends up owning these outlots due non-payment of the assessments. Pat Hennemann indicated that in her discussions with Mr. Cliff Lundberg, he had in- dicated that the developer would not have the blessings of the Elk Hills residents until the residents were satisfied with plans for the slope, tress, lighting, etc. Mr. Santwire indicated that he has met with the residents of Elk Hills approximately six times and he cannot be swayed by what the residents tell him to do, and that he must do what he has to within the guidelines of the City's ordinance to make the project work. Further discussion was carried on between,!the residents of Elk Hills and Mr. Santwire regarding Mr. Santwire's attempts to meet with the residents and whether or not proper notice of the meetings was given. Mr. Earl Hetrick expressed his concern that the prOV1Slons of the City's PUD ordinance were not being followed and that he felt the adjacent property and its use as single family residential housing was being adversely affected by the development of the PUD. City Council Minutes June 17, 1985 Page Six --, Mr. Gary Santwire indicated that he did not feel the pun ordinance was the topic of discussion and that the preliminary and final plat for the Barrington Square PUD was the issue. Mr. Santwire reviewed the conditions of the Planning Commission's recommendation to the Council and stated that he would comply with all of the condi tions. Pat Hetrick indicated that the developer, Mr. Santwire, had told her in the past that no trees would be cut, expecially in Lot 1 which is closest to the Elk Hills subdIvision. Mr. Santwire indicated that the issue of the tree cutting could be dealt with in the site plan review for Lot 1 and that a requirement for site plan review by both the Planning Commission and City Council could be made a part of Stipulation 113 of the Planning Commission's recommendation, that is, "that a site plan be submitted and approved by the Planning Commission prior to a building permit being issued for the individual lots." Mr. Gary Santwire made a slide presentation to the Council and audtence, showing the location of the trees in and adjacent to the subdivision, types of building construction proposed for Lot 1, and views of the development area in general. Mr. Santwireexplainedwhat trees would be left and what trees would probably have to go. Mr. Santire suggested that the slide indicating the large tree to be saved which was located in the left of a particular slide could be made a part of the legal record of the minutes for future use. Mr. Santwire also presented a transparency of the proposed development for Lot 2, the site plan to be considered by the City Council at this meeting if the City Council approves the preliminary and final plat for the Barrington Square PUD. Discussion was carried on regarding placement of the roadway easement. Mr. Earl Hetrick made a slide presentation showing the view of the McDonalds Restaurant and other development as seen from his property and neighbor's property. Discussion was carried on regarding tree cutting in the area and when that particu- lar item could be addressed. Mayor Hinkle indicated that the tree cutting will be dealt with in the site plan review for Lot 1. Discussion was carried on regarding special assessments on outlots. Mr. Santwire indicated that the special assessments for the proposed PUD have already been paid. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR THE BARRINGTONS'.QUARE PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING STIPULATIONS: 1. ALL EXISTING GROWTH BE UTILIZED AS MUCH AS POSSIBLE SO AS TO MAINTAIN A PROPER SCREEN OR BUFFER BETWEEN THE ELK HILLS HOMES AND THE PUD, INCLUDING THE LARGE TREE ON THE LEFT OF THE SLIDE SUBMITTED BY MR. GARY SANTI.JIRE, AND SAID SLIDE IS TO BE DEVELOPED INTOA PHOTOGRAPH TO MADE A PART OF THESE OFFICIAL MINUTES. 2. THAT OUTLOT A AND OUTLOT B BE USED EXCLUSIVELY FOR BUFFERING AND THE NECESSARY STORM WATER HOLDING AREA. City Council Minutes June 17, 1985 Page Seven 3. THAT A SITE PLAN BE SUBMITTED AND APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL PRIOR TO A BUILDING PERMIT BEING ISSUED FOR THE INDIVIDUAL LOTS. 4. A DEVELOPER'S AGREEMENT BE ENTERED INTO WITH THE CITY OF ELK RIVER SO AS TO DETERMINE PROPER UTILITY CONSTRUCTION FOR THE SITE. 5. THAT ALL THR EE BUILDABLE LOTS BE FURNISHED WITH ALL NECESSARY UTILITIES. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Site Plan Review for Lot, Barrin~ton Square PUD Mr. Gary Santwire reviewed the proposed site plan for Lot 2, indicating that the area to the north and east of the proposed building will be sodded until further development occurs to create a need for addLtional parking in those areas. Mr. Santwire fur- tIer indicated that sanitary sewer and water are available and will be hooked up, and that adequate drainage is also provided. Mr. Santwire further explained that a larger tree in the north part of lot 2 would remain but the one next to it to the south would have to be cut. Councilmember Williams questioned the size of the proposed building. Mr. Santwire indicated that the building would be approixmately 6,600 square feet. Councilmember Williams questioned the number of proposed tennants. Mr. Santwire indicated that there would be from 5 to 7 tennants. Mr. Santwire further indicated that the building would be approximately 14 feet in height. COUNCILME.MBER SCHULDT MOVED TO APPROVE THE SITE PLAN FOR LOT 2, BARRINGTON SQUARE PUD AS PRESENTED WITH THE PLANNING COMMISSION'S RECOMMENDED STIPULATIONS AS FOLLOWS: 1. THAT TI1l.E LIGHTING WILL BE DIRECTED FROM THE NORTH TO THE SOUTH, AWAY FROM THE ELK HILLS SUBDIVISION. 2. THAT ALL LANDSCAPING SHALL BE APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR. 3. THAT SIGNAGE OF THE BUILDING SHALL COMPLY WITH THE CITY'S ZONING ORDINANCE. 4. THAT THE SITE WILL BE SERVICED WITH THE NECESSARY UTILITIES. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Removed from the Agenda. 10. Preliminary Plat for River Pine Addition - Public Hearing Planning Commissioner Arlon Fuchs introduced a request by Mr. Charles Christian, Jr. for preliminary plat approval for seven lots located on Pascal Street, north of 189th Avenue NW. in an R-1Bzoning district. Commissioner Fuchs indicated that the proposed plat is to be developed for single family housing only. Mr. Christian indicated that a slight adjustment may need to be made in Lot 7 of the plat to meet the 125' road frontage requirement and that he was attempting to purchase a small amount of property adjacent to the lot to make that adjustment for final plat approval. ~ City Council Minutes June 17, 1985 Page Eight Mayor Hinkle opened the public hearing. Rick Breezee, Building and Zoning Administrator, indicated that Mr. MacBeth, owner of the property adjacent to Lot 7 of the proposed plat, had contacted him and asked him to express his support of the plat but that he did not wish to sell a portion of his property at this time. Mr. Christian indicated that he would take the necessary steps to meet the front footage requirement for Lot 7. Mayor Hinkle closed the public hearing. Councilmember Gunkel indicated that it was her understanding that the park dedi- cation fee and developer's agreement must be completed before final plat approval can be granted. It was the consensus of the City Council that the following policy be hereby established: THAT A DEVELOPER'S AGREEMENT :MUST BE ENTERED INTO AND ALL PARK DE.DICATION FEES PAID FOR ALL PLATS IN THE CITY OF ELK RIVER, BEFORE FINAL PLATS: CAN BE PRESENTED FOR APPROVAL. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE PRELIMINARY PLAT FOR RIVER PINE ADDITION, SUBJECT TO THE FOLLOWING STIPULATIONS AS RECOMMENDED BY THE PLANNING COMMISSION: 1. THAT THE CONCERNS AND STIPULATIONS OUTLINED BY THE CITY'S ENGINEER BE CORRECTED. 2. THAT APARK DEDICATION BE GIVEN TO THE CITY IN THE AMOUNT OF 10% OF THE RAW LAND VALUE TO BE ESTABLISHED BY THE COUNTY ASSESSOR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Deerfield Second Additional Final Plat - Public Hearing Planning Commissioner Arlon Fuchs introduced the request by Mr. Gerald Smith for final approval of the Deerfield 2nd Addition Subdivision. Commissioner Fuchs indicated that four stipulations had been made by the Planning Commission and that the Planning Commission unanimously approved the final plat 6-0. Gerald Smith indicated to the City Council that the road easement required to link the Deerfield Addition with the Knollwood area has been deeded to the City and the official documents should be in their hands. Rick Breezee indicated that the deed had not been received to his knowledge. Mr. Smith indicated that he would check into the matter. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the proposed final plat. Mayor Hinkle closed the public hearing. City Council Minutes June 17, 1985 Page Nine Discussion was carried on regarding the dedicated park land in the Deerfield 2nd subdivision. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE FINAL PLAT FOR DEERFIELD 2ND ADDITION SUBDIVISION SUBJECT TO THE STIPULATIONS SET FORTH BY THE PLANNING COMMISSION AT THEIR MAY 28TH MEETING, AS FOLLOWS: 1. THAT A FORMAL DEVELOPER'S AGREEMENT BE ENTERED INTO WITH MR. SMITH FOR THE PROPER CONSTRUCTION OF THE ROAD. 2. THAT ALL FEES BE PAID TO THE CITY BY MR. SMITH REQUIRED FOR THE PRELIMINARY PLAT APPROVAL. 3. THAT PROPER AGREEMENTS BE ENTERED INTO WITH MR. SMITH, THE CITY AND MR. SELLER- GREN, THE CITY'S ATTORNEY. 4. THAT THE CITY ATTORNEY REVIEW ALL OF THE TITLE DOCUMENTS AND REVIEW THE FINAL PLAT FOR HIS APPROVAL PRIOR TO THE CITY RECORDING THE DOCUMENTS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Oak Meadows Final Plat Public Hearing Planning Commission Chairman Tralle indicated that the Planning Commission had reviewed the final plat for the Oak Meadows subdivision as requested by Mr. Jake Jacobson of Elk River, at their May 28th meeting, and that the Planning Commission had unanimously recommended approval of the final plat with the following stipula- tions : L That a developer's agreement be entered into with the City of Elk River so as to determine and guarantee that the road construction will be done within the subdivision. 2. That a park dedication fee be paid to the City in the sum of 10% of the raw land value as established by the County Assessor. 3. That the City Attorney review the title for the subdivision and that his approval be given prior to proper recording of the plat. 4. That the City's engineer review tha plat. Rick Breezee indicated that Mr. Jacobson was not present for this evenigg's public hearing and that he has had no response from Mr. Jacobson since advising him of the requirements set by the Planning Commission before final plat approval will be granted by the City Council. COUNCILMEMBER ENGSTROM MOVED TO CONTINUE THE PUBLIC HEARING FOR THE OAK MEADOWS SUBDIVISION. FINAL PLAT APPROVAL UNTIL SUCH TIME AS THE DEVELOPER HAS SUBMITTED THE NECESSARY DOCUMENTS AND PAID THE NECESSARY FEES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Guardian Angels Foundation Variance Request - Public Hearing Commissioner Fuchs indicated that the Planning Commission had reviewed the request present by Dee Kratzke on behalf of the Guardina Angels Foundation for a variance to the required number of enclosed parking stalls needed for their proposed new multi-family housing. Commissioner Fuchs indicated that the Planning Commission unanimously recommended approval of the variance request. City Council Minutes June 17, 1985 Page Ten Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the variance- request. Mayor Hinkle closed the public hearing. Ms. Dee Kratzke indicated that she felt the enclosed parking that was available for their existing building was more than adequate to meet the needs of residents in the proposed building also, in light of the fact that most of the residents were too elderly to drive and no longer owned vehicles. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE VARIANCE REQUEST BY GUARDIAN ANGELS FOUNDATION FOR NO ENCLOSED PARKING SPACES FOR THE PROPOSED NEW:'MULTI-FAMILY HOUSING STRUCTURE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Thomas Madson Variance Request - Public Hearing Chairman Tralle indicated:\ that the Planning Commission reviewed the request by Mr. Madson for a variance to the City's Zoning Ordinance to allow him to construct a 4,000 square foot metal-skinned structure to be used for storage of equipment and vehicles approximately 125 feet from a neighboring residence. Commissioner Tralle further indicated that the Planning Commission recommended approval with a 4-2 vote in favor of the variance, with the following stipulations: 1. That the building not exceed 1,000 square feet in size. 2. That the building be used for storage only. 3. That the small metal-skinned accessory building be removed from the property that presently exists Mayor Hinkle opened the public hearing. Mrs. Madson indicated that she protested the stipulations made by the Planning Commission, it that a 1,000 square foot building would not possibly be large enough to house the equipment they owned and much it would have to be left outside to deteriorate. She further stated that the metal-skinned accessory structure they have been asked to removed is needed for storage of their children's bikes, fishing equipment, etc. Chairman Tralle indcated that he felt the question that needed to be addressed was whether or not the use of the proposed building would be agricultural. He further stated that if the use was not determined to be agricultural, the building code limited accessory structures to be 1,000 square feet or less in size. Mr. Becher, a neighboring nis icent ,indicated his support for the variance request. Councilmember Engstrom indicated that he understood the reason for the request was because the buitding was to be metal-skinned and metal-skinned buildings were required to be 600 feet from neighboring residences. Discussion was carried on regarding the use of the proposed structure and needs of the Madsons. Mayor Hinkle closed the public hearing. City Council Minutes June 17, 1985 Page Eleven Rick Breezee indicated that the Planning Commission will be addressing the issue of metal-skinned accessory structures at their next meeting. Councilmember Gunkel indicated that she felt that the Council must support the existing ordinance which only allows a maximum of 1,000 square feet for accessory structures, and that she did not feel the proposed use bfthe!building requested by the Madsons was agricultural in nature. Councilmember Gunkel further indicated that perhaps the Madsons could wait and see what the outcome of the Planning Commission meeting was and address the Council at the 3rd Monday Council meeting in July. Further discussion was carried on regarding the use of the proposed building, requirements of the State Building code for agricultural vs. accessory buildings, and ty)pe of construction. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE VARIANCE REQUEST BY TOM MADSON TO CONSTRUCT A METAL-SKINNED ACCESSORY BUILDING LESS THAN 600 FEET FROM A NEIGHBORING RESIDENCE WITH THE STIPULATIONS AS SET FORTH IN THE PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL, AS FOLLOWS: 1. THAT THE BUILDING NOT EXCEED 1,000 SQUARE FEET IN SIZE 2. THAT THE BUILDING BE USED FOR STORAGE ONLY. 3. THAT THE SMALL-METAL SKINNED ACCESSORY BE REMOVED FROM THE PROPERTY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER ENGSTROM OPPOSED. 15. Ordinance Amendment and Conditional Use Permit Request by Ron Kuhn and John Weicht - Public Hearing Commissioner Arlon Fuchs indicated that Mr. Ron Kuhn was present to discuss his request for an ordinance amendment to allow health clubs and professional office facilities as a conditional use in R~4 zoning districts. Commissioner Fuchs indicated that the Planning Commission reviewed Mr. Kuhn's request and voted 6-0 in favor of the proposed amendment. Mr. Ron Kuhn reviewed the proposed health club facility and office plan to be located in the southwest corner of the intersection of Proctor and School Street. Mr. Kuhn indicated that the structure would house 3 indoor tennis courts, four indoor racquet ball courts, mens and womens locker rooms, with sauna and whirlpool spas for each, an aerobics and exercise facility, a dining and eating area and pro shop. Mr. Kuhn further indicated that he wished to have office space in the front area of the building for his travel agency business. Mr. Kuhn further indicated that the outside of the building would be metal-skinned. Mayor Hinkle opened the public hearing. Mr. Nick Olson expressed his support for the proposed health club facility. Mayor Hinkle closed the public hearing. City Council Minutes June 17, 1985 Page Twelve Mayor Hinkle commented that he felt this type of use was very common in the metropolitan area in R-4 zoning districts. Councilmember Schuldt questioned whether or not Mr. Kuhn was aware of the problem with sewer serving this area. Mr. Kuhn indicated that he was aware of the problem and understood that the situation was being reviewed by the City's engineer. Councilmember Williams indicated his disapproval of a metal-skinned exterior structure. Mr. Kuhn indicated that it was a matter of economics; that a a cement block structure would cost at least $1.5 million more. The City's Attorney, David Sellergren, indicated that he felt the wording of the Planning Commission's reeommendatiom,shouhl. be amended to read "business offices", rather than "professional offices." Councilmember Engstrom indicated his support for the facility. COUNCILMEMBER GUNKEL MOVED TO APPORVE THE ORDINANCE AMENDMENT TO ALLOW HEALTH CLUB FACILITIES HOUSING BUSINESS OFFICE FACILITIES IN R-4 ZONING DISTRICTS~:AS A CONDITIONAL USE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER WILLIAMS OPPOSED. COUNCILMEMBER SCHULDT MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUEST BY MR. RON KUHN AND MR. JOHN WEICHT FOR THE CONSTRUCTION OF A HEALTH CLUB FACILITY HOUSING BUSINESS OFFICE FACILITIES IN AN R-4 ZONING DISTRICT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT THE REQUIRED NUMBER OF PARKING SPACES BE INCLUDED. 2. THAT LANDSCAPING BE REQUIRED ACCORDING TO THE CITY STAFF'S RECOMMENDATION. 3. THAT THE HOURS OF OPERATION BE FROM 6:00 A.M. TO 12:00 A.M. 4. THAT THE LIGHTING NOT BE DIRECTED TO ANY RESIDENTIAL AREA. 5. THAT THE SITE BE ESTABLISHED WITH THE NECESSARY UTILITIES. 6. THAT THE SIGNAGE COMPLY WITH THE CITY'S SIGN ORDINANCE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER WILLIAMS OPPOSED. 16. Elk River Plaza Multi-Family Housing Site Plan Review Mr. Skip Sorenson, representing Barthel Realy, was present to review the proposed site plan for the Elk River Plaza multiple family hous~ng complex. Mr. Sorenson indicated that this parcel of property was approximately 3.3 acres in size, bounded; on the east by the shopping center, on the west by single family housing, on the south by the PUD, single family housing, and on the north by School Street. Mr. Sorenson indicated that it was proposed that bids on the proposed housing would be received prior to July 4th, with construction commencing in September 1985 and completion of the project in the ~pring of 1986. Mr. Sorenson indicated that the modification in the original plan was an:~-:inerease in the density from 36 units to 40 units, as directed by the Farmer's Home Administration. Mr. Sorenson indicated that instead of all townhouse units, there would be 2~two-story walkup apartment buildings and more garages and that a volleyball court had been added in addition to the basketball court and tot lot already planned for the project. Mayor Hinkle opened the discussion to the public for comments. City Council Minutes June 17, 1985 Page Thirteen 1 Mr. Nick Olson expressed his concern over the number of changes that have occured in the Pun, and questioned how much creative license should be allowed to the developers. He further indicated that he has seen the zoning of this particular piece go from a more restrictive R-3 zoning to less restrictive R-4 zoning. He also expressed his concern that his property abuts the proposed play area and that a buffer must be provided for the residents. Mr. Sorenson indicated that it was planned to place a 3 foot berm of conniferous trees along the entire west side of the project, adjacent to the single family housing Mr. Olson referred to. Councilmember Gunkel questioned whether or not the site plan could be approved by the City Council at this meeting, given the latitude of change that has taken place since the Planning Commission's review. David Sellergren, City Attorney, indicated that is was his opinion that the change in the number of units alone was reason enough to refer the issue back to the Planning Commission. COUNCILMEMBER ENGSTROM MOVED THAT THE ELK RIVER PLAZA MULTI-FAMILY HOUSING SITE PLAN BE REFERRED BACK TO THE PLANNING COMMISSION AS A PUBLIC HEARING FOR THEIR REVIEW OF THE CHANGES CITED COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Request for Participation ~n the Municipal Home Mortgage Program for Barthel PUD. Mr. Dave Wolff indicated that Barthel has withdrawn their request for consideration of this item. City Administrator Tom Bublitz, indicated that he felt the City should consider taking a look at the City's needs and possibly set up a program of its own for a home mortgage program for first time home buyers 18. Petition for Street Improvements for Ridgewood Estates City Administrator Tom Bublitz indicated that he had received the pet~t~ons for the Ridgewood overlay project. The City Administrator further indicated that of the approximately 49 homeowners in the area, 38 signed in favor of the overlay, 2 signed against it, 2 did not wish to sign and 6 were not available. He further commented that there are more than 49 lots in the subdivision and that some are double lots and some are unbuildable. Mr. Ron Kuhn, President of the Ridgewood Homeowners' Association, indicated that he felt there were possibly 5 or 6 unbuildable lots in the subdivision and that some of the lots were owned by the Association for recreational purposes. It was determined that approximately 78% of the homeowners had signed in favor of an overlay project. Discussion was carried on regarding whether or not more signatures were necessary to meet the established 80% requirement in favor of the project which was previously discussed bu the City Council. . ~ City Council Minutes June 17, 1985 Page Fourteen ~ COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-18, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE RIDGEWOODESTATES OVERLAY PROJECT._ COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTTON PASSED 4-1. COUNCILMEMBER SCHULDT OPPOSED. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-':1-9, A RESOLUTION ESTABLISHING MONDAY, JULY 15,1985 AT 8:00 pi.M., AS A PUBLIC HEARING DATE FOR THE RIDGEWOOD ADDITIONS ONE, TWO AND THREE BITUMINOUS OVERLAY STREET IMPROVEMENT PROJECT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT OPPOSED. 19. Staff Report on Sanitary Sewer Service for Simonet Drive Mayor Hinkle indicated that he was in favor of an information meeting to be held by the City Council and homeowners in the Simonet Drive area, regarding sewer problems, before a feasibility report was ordered. Discussion was carried on regarding the problems being experienced in the area with septic system failure and seepage into Lake Orono. Councilmember Gunkel questioned the City Attorney as to the liability of the City if the City took no action and ground water contamination occurred. David Sellergren, the City Attorney, indicated that he did not feel the City's exposure would be that significant. Councilmember Schuldt indicated that he has received feedback from the homeowners in the Simonet Drive area that they are concerned that i:6their septic system would fail that they would not be able to repair it. Mayor Hinkle indicated that he felt the City Council should proceed at once to set up a meeting with the homeowners. Rick Breezee indicated that he was very concerned with the~ possible contamination of Lake Orono and health hazards associated with seepage of the systems. COUNCILMEMBER WILLIAMS MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO SET UP A MEETING WITH HOMEOWNERS IN THE SIMONET DRIVE AREA TO DISCUSS THE SEPTIC PROBLEMS AND TO REVIEW COSTS ASSOCIATED WITH RUNNING CITY SEWER LINES TO SERVICE THE AREA, AND ALSO THAT TERRY MAUER BE DIRECTED TO PUT TOGEHTER APPROXIMATE COSTS FOR THE IMPROVEMENTS TO PRESENT TO THE HOMEOWNERS AND CITY. COUNCIL AT THE INFORMATIONAL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. Councilmember Gunkel suggested as the 5th Monday in July as a possible meeting date. 20. Boarman Newsletter Discussion was carried on reagrding the proposed letter to be mailed to residents regarding the June 25th referendum. City Council Minutes June 17, 1985 Page Fifteen ---, 21. Letter of Recognition for Darrell Mack A letter recognizing the exceptional achievement of Darrell Mack for compliance records of the City's wastwater treatment plant was signed by all the City Councilmembers to be sent to Mr. Mack. 22. Administrator's Update A. Lawcon Grant The City Administartor reviewed State and Federal grants to be received '/ by the City. B. Tentative Agenda Recognition to the Chamber of Commerce for work on the referendum, CSAH#42 Bridge Opening, IBM Computer Purchase by Utilities, Report on League of Minnesota Cities Conference by Councilmember Gunkel, Progress of Public Hearing process for Rezoning of Highway #169 property to C-3B, and Home Occupations Signage were items determined for discussion at the next City Council Commitee Session. 23. Check Register MAYOR HINKLE MOVED APPROVAL OF THE CHECK REGISTER WITH THE EXCEPTDN OF THE CHECK TO LARKIN HOFFMAN FOR CHARGES ASSOCIATED WITH WORK DONE BY LARKIN HOFFMAN FOR THE ICE ARENA BONDaSSUE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT. THE MEETING BE ADJOURNED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, l)~.~ Deborah Kleckner Recording Secretary