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6.11
-(,r A ( - ity of ,,, � MEMORANDUM .lkRiver TO: Planning CommissionItem# 6.11. FROM: Scott Harlicker, Planning Assistan DATE: December 22, 1998 SUBJECT: Request by Oppidan for Amendment to PUD Sign Agreement, Case No. PA 98-1 Request Consider a request by Oppidan for an amendment to the PUD sign agreement for Elk Park Center to allow three wall signs for Leeann Chin restaurant. Location Lot 1, Block 3, Elk Park Center ill Zoning/Land Use PUD (Planned Unit Development) / HB (Highway Business) Attachments • PUD sign agreement • Letter from applicant Overview The applicant is requesting an amendment to the PUD sign agreement for Elk Park Center. The applicant is requesting that Leeann Chin restaurant be allowed three wall signs. Leeann Chin restaurant is proposed to be located in the recently approved Hollywood Video building located at the intersection of 191St and Freeport Street (old Wendy's site). Leeann Chin will be occupying the west portion of the new building and Hollywood Video will occupy the east portion. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Planning Commission/PA 98-1 December 21, 1998 Page 2 • Existing sign agreement The building in which Leeann Chin is proposed to be located in does not fit the existing sign agreement. The existing agreement has different requirements depending on the site. There are separate requirements for freestanding sites and multi-tenant buildings. This site is a mix of both; it is s freestanding site with a multi-tenant building. If this site was considered a multi-tenant building, similar to the stores in the Target building, each business would be allowed only one wall sign. This did not seem practical given the location of the lot. Staff felt a more realistic approach would be to treat each business as freestanding in terms of applying the sign agreement. Freestanding buildings are allowed one wall sign unless the building abuts 2 or more public streets. In this case the building abuts three streets so they would be allowed a total of three wall signs if the building was occupied by a single tenant. However, since the building has two tenants, each tenant will need its own signange. Each tenant has frontage on two streets. Hollywood Video has frontage on Highway 169 and 191st Avenue and Leeann Chin has frontage on Freeport Street and 191st Avenue. • It is staffs interpretation that according the existing sign agreement each tenant is allowed two wall signs, one for each street frontage. The applicant is not disputing that interpretation. What they are requesting is the sign agreement be amended to allow three wall signs instead of two on this site. Evaluation of request The applicant is seeking maximum visibility for their business. For them it means wall signs on all three sides of the building and shared space on the freestanding sign. Indicated in their letter is the belief that signage on the west side is needed for people entering Elk Park Center from Jackson Street between Cub and Target. However, the west side of their building is not visible from that vantage point and once a vehicle enters the center, signage on either the north or south side of their building is visible. Signage on the west side is not needed for business identification. Wall signs on the north and south sides would be visible from within the center, Freeport Street and from 191st Avenue. • \\elkriver\sys\shrdoc\planning\scott\pa98-1.doc Memo to Planning Commission/PA 98-1 December 21, 1998 Page 3 • Recommendation It is recommended the Planning Commission recommend the City Council deny this request to amend the Elk Park Center PUD sign agreement to allow three wall signs for Leeann Chin. • • \\elkriver\sys\shrdoc\planning\scott\pa98-1.doc NOV 25 1998 . 111111 • OPPfl AN Builder of towns.Creator of value. 420 INTERNATIONAL CENTRE •900 SECOND AVENUE SOUTH • MINNEAPOLIS,MN 55402 •612/338-8485 • FAx: 612/338-8495 November 24, 1998 Mr. Scott Harlicker City of Elk River 13065 Orono Parkway PO Box 490 Elk River,MN 55330 Dear Scott: Per our conversation,this is a formal request for an amendment to the Planned Unit Development Agreement for Elk River Center as it relates to the development of Lot 1,Block 3 in Elk River, Minnesota. As you are aware,we received approval for a conditional use permit,Public Hearing Case#CU 98-24 from the Elk River City Council on September 21, 1998. We immediately commenced the construction of a multi-tenant building to be leased to Hollywood Entertainment Corporation and to Leeann Chin. Towards the end of our discussion at the city council meeting, I requested permission for signage • on all three sides of the Leeann Chin space because of their location relative to Highway#169. The council seemed quite supportive of my request and asked for a colored rendering,which I have enclosed. In order for Leeann Chin to be successful in this market,they understandably need maximum visibility for their site. Being the western tenant of this multi-tenant building,they lose significant visibility if unable to sign both the west and the south sides since signage on the north is a necessity. A vehicle turning west into the center would have no way of identifying the location of Leeann Chin if no signage occurred on the south elevation and those who have entered the Center from other access points would see nothing on the west side of the building. We have incurred significant expense in the extensive groundwork completed on this site to facilitate the traffic flow and increase the parking,which was a major problem for the past tenant and a request from the city. This, coupled with maximum visibility,will insure the success of this center once again. Thanks for your help with this Scott. Please call if you have any questions. I look forward to hearing from you. Sincerely, I� Claudia Ryan • cc. Mayor Hank Duitsman ..... , ,_ ...._ __.._._ 1 . , , • • • i ,. ,. ... , .._. ___ _ __ , _ ,__, ._, - - 7 7./ /t77', ::i 7. ,-- , ,- I :1 : , 1, . ,_, . . i PI - fI I I � IU I I- - Wil' ;I r ` „I � 1 \ , ', 1-, , ! , T --1-4-I-r--r 'i- T T-I- lBillglnll _ _ - rt r f } } ./ t r. y / + / + I .. I !' lel FRONT VIEW SCALE: 1/8"=1-0" 24'-9" (1) N Lir Lc © cin 4 4 © hn in NEON CHANNEL LETTERS _ l 1 1. 3/16"WHITE 07328 PLEXIGLASS FACE VARIES i W/tt275 BLUE V1NYL OVERLAY ELWHITE OUTLINE 1--_ — --- __ — —_ ? 2.r WHITE TRIM CAP 3.ALUMINUM RETURNS-PAINTED 0775 BLUE T - _ . . - ., - ,� i DOUBLE STROKE 15mm 6500 WHITE NEON + - i�/�� �7 5. NEON 7UBE SUPPORTS - !ik6.WHITE ALUMINUM BACKS J' 7 60 ma.TRANSFORMER ON METAL CABINET) 8. FLEXIBLE CONDO rr ENCLOSING GTO WEE �I 13.7' CHINESE C u 15 i `�•i E BUILDING FASCIA m / -- 10.UL APPROVED GLASS HOUSING eL.UF1NATm CHANT'.Et_LEI 1 rx wr REMOTE TRANswRMaz NOTE BLUE FACE LETTERS W111 BE . - - USED ON UGHT TONED FASCIAS 3-0" COPY TO MATCH VMD ROSE COLOR SUNBRELLA SUNFLOWER AWNING ELK RIVER W/30% SUNFLOWER GRAPHICS LOCATION: REVISIONSIF DATE-CUSTOMER APPROVAL SKETCH# 1321 SALESPERSON DRAWN BY Co. R TQ THIS�w s roRIGINAL� I$�!P SNNOT TO BE REPRODUCED OR C� FILE 13735 Aberdeen SVeet Ham Lake, MN 55304 S/CYA�LE DATE COPIED WITHOUT THE ELK-r�l V�� �g1�j755.8BT3 Fax(gT2)75rr.i 'N O I ED 8/5/98 CONSENT OF ARROW SIGN CO. ♦ • • • -4 — — r : . _ • r ,__, . , i (-;---iCHINESE CUISINE CHINESE Cu ' SINE ./ y l / I / / : / / / i i I I , 1 1 FRONT VIEW sc I ' °EL \/ATION 24'-9„ a1,,-p.a. cn'ni _ r c-), r_n..... an, c___=_ ,10)1(.11 _i \sm,..._„. .\........„ L © Ofli" *J \� rilin NEON CHANNEL LE I I QRS VARIES 7 L 44 1. 3/,6'WHITE I»23 PLS) ASS FACE W/11775 BILE\AWL OVERLAY ff UhYTE OUTLINE 2. T'WMRE'TRIMCAPT IF ..: 3.AWMiNNHRETURNS-PAINTED#775BLUE , ... '� 4.DOUBt£STROF�15mm6500WM1TENEON^J 5. NEON TUBE SUPPORTS J —_'' 6.\MITE ALUHiNUM BACKS , J 7 60 ma.TRANSFORMER(IN METAL CABINET) �1 �.� CHINESE C ll I S I E = 8.F�BLEcoNOUITENINGGTO\MRS CO. g.BUILDING FASCIA `") 10 UL APPRO\SD GLASS HOUSING ..-.. / IWJMNATED CHANNEL Lb I itJt W/REMOTE TRANSFORMER . "' •�-•a- NOTE BLUE FACE 1.-hl MKS WILL BE _ USED ON LIGHT TONED FASCIAS f— 3-01 \ COPY TO MATCH VMD ROSE COLOR SUNBRELLA SUNFLOWER AWNING LOCATION: ELK RIVER W/30% SUNFLOWER GRAPHICS REVISIONS DATE-CUSTOMER APPROVAL SKETCH# 0211 arre _E,.` SALESPERSON DRAWN BY , 3C: �a TQ THIS IS AN ORIGINAL BY �� ARROW SIGN CO.IT IS NOT TO BE REPRODUCED OR FILE SCALE DATE COPIED WITHOUT THE ELK-RIVER 11377 35 Abdeen Street Ham Lake, MN 55304 755-8873 Fax(912)755.1473 NOTED 86/98 CONSENT OF ARROW SIGN CO. - . • 0 'II Il- c , , 3 r , SOUTH ELEVATION 24'-9" , ___ ,. . 477)1 --- -.... , el b - —_, ,---, ( \--._ ---, I Lj------ — —,1 ...i ... __, ._. NEON CHANNEL LE I1 ERS 1 3/16W4TE K7326 PLENGLASS FACE ( i W/11275 BLUE\ANYL OVERLAY 6 WHITE OUTLINE 2 T'WHITE TRIM CAP 1 i 3 ALUMINUM PE-ruaNs-PAINTED(t275 BLUE 4. DOUBLE STROKE 15rrrn 6500 N.1.4-14TE NEON 5. NEON TUBE SUPPORTS A 6 WHTTEALLIHINUM BACKS ' AWillif A 7 60 rn.o TRANSPORT-ER(IN METAJ-CABINET) ...-K lIVER FLEXIBLE CONOUTI"ENCLOSING aro vARELocATioN• .6_,..,... ,,.. 9 BUILDING FASOA 10.UL APPROVED GLASS HOUSING ILLUMINATE,0-1ANNEL Lt I i Bit REVISIONS DATE-CLTOR APPROVAL SKETCH# W/REMOTE TRANSFORMER 6211 •NOTE.BLUE FACE LErTERS WILL BE 1 USED ON UGHT TONED FASO4LS art SALESPERSON DRAWN BY THIS IS AN ORIGINAL BY ._...,........ •-_.>< ARROW SIGN CO.n'is Sian CO, NOT TO BE REPRODUCED OR FILE SCALE DATE COPIED IMTHOUT THE ELK-R1VER 13735 Aberdeen Stnaet Ham Lake, MN 55304 NOTED 5/5/98 CONSENT OF ARROW SIGN CO (612)755-S573 Fax(612)755-1473 `1111111111111 IT • MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDA , DECEMBER 7, 1998- Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Steve Wensman, Planner; Sandra Peine, City Clerk; Dave Sellergren, City Attorney Also Present: Ty Bischoff, County Assessor 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider Agenda Item 5.2. was moved to follow Item 5.5. • COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1a. 11/23/98 REGULAR CITY COUNCIL MINUTES-APPROVED 3.1b. 11/30/98 SPECIAL CITY COUNCIL MINUTES -APPROVED 3.2. CHECK REGISTER-APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Request by Doug Ringold for Ordinance Amendment Regarding Commercial Recreational Use, Public Hearing Case No. OA 98-6 Planner Steve Wensman stated that Doug Ringold has made an application for an ordinance amendment to allow commercial recreation as a conditional use with retail sales as an accessory use for unplatted property in the 11/Light Industrial zoning district. Steve Wensman reviewed the staff report on this issue. Mayor Duitsman opened the public hearing, • Doug Ringold, applicant, stated that he is proposing to operate an indoor and outdoor radio controlled race track at 15536-15546 Cleveland Street. He stated Elk River City Council Minutes Page 2 December 7. 1998 S that he will be using an existing structure and building pad for this commercial recreation endeavor. There being no further business, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 98-28 AMENDING SECTION 900.10 OF THE CITY CODE OF ORDINANCES, CASE NO. 98-6. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0- 1. Mayor Duitsman abstained. 4.2. Request by Doug Ringold for Conditional Use Permit, Public Hearing Case No. CU 98-27 Planner Steve Wensman indicated that Doug Ringold is requesting a conditional use permit to operate a radio controlled race track and a hobby shop as an accessory use in the 11 zone. Steve reviewed the staff memo on this request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY DOUG RINGOLD TO OPERATE A RADIO CONTROLLED RACE TRACK AND A HOBBY SHOP AS AN ACCESSORY USE IN THE I1 ZONE WITH THE FOLLOWING CONDITIONS: • 1. THE USES OF THE BUILDING AND ANY MODIFICATIONS CONFORM WITH ALL BUILDING AND FIRE CODES. 2. SCREENING BE PROVIDED FROM CLEVELAND STREET AND THE ADJACENT RESIDENTIAL ZONE AS DIRECTED BY PLANNING STAFF. 3. THE SITE BE LANDSCAPED AS DIRECTED BY PLANNING STAFF. 4. THE PARKING AREAS BE RESURFACED AND STRIPED AS PER ELK RIVER ZONING ORDINANCE. 5. THE EASTERN-MOST ENTRANCE BE PAVED. 6. THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER ZONING ORDINANCE. 7. NEW SIGNAGE CONFORM TO THE ELK RIVER SIGN ORDINANCE AND REQUIRED SIGN PERMIT. 8. THE OUTSIDE RECREATION USE BE LIMITED TO THE HOURS BETWEEN 9AM TO 9PM. 9. ANY OUTDOOR SOUND SYSTEM CONFORM TO THE NOISE NUISANCE ORDINANCE (SECTION 500.12) COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 4 November 16, 1998 • 5.6. City Monument Sian Update Steve Wensman indicated that staff and the Chamber of Commerce formed a sign task force to replace the "Welcome to Elk River" sign by Lake Orono. HKGi was hired to develop signs and Steve reviewed two designs. He noted that there has been unanimous support for Option B. Steve explained that the budget was set at$12,000; $2,000 for sign design and $10,000 for construction. He noted that there is significant interest from local contractors in donating materials or time which may reduce the city and EDA costs. Members of the audience were asked for their comments and voiced their support for Option B also. The Council members discussed signage for other highway entrances to the city. Steve noted that there are no plans to construct additional signs at this time, due to costs. 5.7. Approval to Purchase Snowplow Trucks -Street/Park Department This item was postponed to the next City Council meeting. 5.8. Purchase of Police Vehicles Police Chief Tom Zerwas reviewed the quotes for purchasing two full size 1999 police vehicles and a used vehicle for the investigator which were approved in the 1999 budget. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF TWO NEW 1999 FORD CROWN VICTORIA VEHICLES FROM ELK RIVER FORD AT A COST OF $20,878.00 EACH, • AND TO APPROVE THE PURCHASE OF A 1998 USED FORD TAURUS FROM ELK RIVER FORD AT A COST OF $13,900.00. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike No one appeared for Open Mike. 7.1. Request by City of Elk River for Ordinance Amendment Regarding Parking of Semi Trucks/Trailers, Public Hearing Case No. OA 98-5 Code Enforcement Officer Laurie Mezera-Kerr indicated that after several meetings and considerable public comment, the Planning Commission recommended approval of the proposed amendment regarding truck tractors and/or trailers as a public nuisance. She explained that proposed ordinance would prohibit the parking of truck tractors and/or trailers in the urban service district. The trucks would be allowed in the R 1 a and A-1 zoning districts. However, on parcels less than 5 acres in size, a conditional use permit would be required. Laurie reviewed the criteria for home occupations, which includes the following: the occupation shall not adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, odor, nor shall it adversely impact governmental facilities including roads.The home occupation ordinance states that there shall be no outdoor storage or heavy equipment, and shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. The intent of the home occupation ordinance is to • allow home occupations without jeopardizing the residential character or health, safety, and general welfare of the surrounding neighborhood. Laurie noted that the II .uracil Minutes Page 5 'moor 16, 1998 S proposed ordinance will be enforced by the police department by first giving a warning to an offender, and second violation will result in a citation. Mayor Duitsman opened the public hearing. Gordon Mire, 17753 Fillmore Street, asked what the fee would be for a conditional use permit. Laurie stated the fee would consist of a one-time cost of$100. If a permit was violated, the property owner would have to re-apply and go through the process again. Mr. Mire stated that the 15 minute idling time was unreasonable and that he must warm up his truck at least 30 minutes in the cold weather months. Gary Balcom, 14054 Victoria Lane, expressed his support for the proposed ordinance. He stated that he feels his property value is decreased by having a semi truck parked in his neighborhood, especially a fully-loaded truck. Steve Stoffers, 14092 Victoria Lane, stated he objects to the excessive idling time and potential damage to the roads from a fully-loaded truck. He noted that their street overlay has already been put off because of this issue. Laurie stated she would not be opposed to allowing a longer idling time during the winter months. Councilmember Thompson indicated he was concerned that a truck operator may stop and start his truck every 15 minutes all night long. IP Gordon Mire explained why he felt it is necessary to run a truck for long periods of time during the cold weather to warm up the fuel. Mayor Duitsman closed the public hearing. • Councilmember Dietz questioned if staff has checked with the northern suburb areas regarding how they deal with this issue. Laurie explained that most all the cities she surveyed did not allow the trucks to be parked at all, and were only allowed in a few "fringe" areas. She noted the "fringe" areas reported that they are experiencing problems allowing the trucks, as well. Discussion followed regarding a longer idling time for the cold weather months, and whether to base it on the temperature or calendar dates. Police Chief Tom Zerwas stated it would be much easier to enforce the extended idling time if the proposed ordinance reflected the same time period as the winter "no parking" ban. Further discussion followed regarding the effective date of the ordinance. Councilmember Thompson stated he felt the ordinance should be effective immediately. It was the consensus of the Council that the ordinance be effective January 1, 1999. COUNCILMEMBER HOLMGREN MOVED APPROVAL OF ORDINANCE NO. 98-23, AN ORDINANCE AMENDING SECTION 500.06(6) OF THE CITY CODE OF ORDINANCES RELATING TO NUISANCES, PUBLIC HEARING CASE NO. OA 98-5, WITH THE FOLLOWING CHANGE: - SECTION 1. ITEM 7. - IDLING OF A TRUCK TRACTOR IN EXCESS OF FIFTEEN (15) MINUTES FROM APRIL 16TH TO OCTOBER 31ST, AND THIRTY (30) MINUTES FROM NOVEMBER 1ST TO APRIL 15TH. City Council Minutes Page 6 November 16, 1998 • - SECTION 2. - THAT THIS ORDINANCE SHALL TAKE EFFECT JANUARY 1, 1999, UPON PUBLICATION AS PROVIDED BY LAW. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED APPROVAL OF ORDINANCE NO. 98-24, AN ORDINANCE AMENDING SECTION 900.12(4) OF THE CITY CODE OF ORDINANCES RELATING TO PARKING OF TRUCK TRACTORS AND/OR TRAILERS, PUBLIC HEARING CASE NO. OA 98-5, WITH THE FOLLOWING CHANGE: - SECTION 2. - THAT THIS ORDINANCE SHALL TAKE EFFECT JANUARY 1, 1999, UPON PUBLICATION AS PROVIDED BY LAW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Request by Del and Sandi Bauers for Administrative Subdivision, Public Hearing Case No. AS 98-8 Staff report by Steve Wensman. Del and Sandi Bauers have requested an administrative subdivision to subdivide existing 5.85 acre parcel into a new 2.73 acre lot and a 3.10 acre lot. • Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED APPROVAL OF THE REQUEST BY DEL AND SANDI BAUERS FOR AN ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING CASE NO. AS 98-8, WITH THE FOLLOWING CONDITIONS: 1. THAT THE PROPOSED 33 FOOT OGDEN ROAD EASEMENT BE GRANTED TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. THAT FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE SIDE PROPERTY LINES AND TEN ALONG THE FRONT AND REAR PROPERTY LINES OF THE PROPOSED PARCELS. 3. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $650 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 4. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $137.50 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. • City Council Minutes Page 7 November 16, 1998 • 7.3. Request by Rich and Tammi Schmidt for Side Yard Variance, Public Hearing Case No. V 98-12 Planner Steve Wensman indicated that Rich and Tammy Schmidt, 11265 192nd Avenue NW, have requested a five foot variance from the side yard building setback requirements in order to construct a 12 foot deep deck. The applicant has stated that they were informed the setback was 5 feet, had plans prepared, and then were later told the side yard setback was 10 feet. Steve explained that it is his understanding that on March 18, 1996, the R1 c zoning requirements changed and the side yard setback changed from five feet to 10 feet. With a 10 foot side yard setback, the proposed deck can only be 7 feet deep, which is unacceptable to the applicants. The applicants state that they would not have spent money for a surveyor and contractor to prepare plans if they had known they could only build a 7 foot deep deck. Steve noted that the surrounding neighbors support the proposed deck and variance from the side yard setback. Steve indicated that staff does not support the variance due to the fact the applicants have other options, such as constructing a patio at ground level. He noted that the existing patio door is only 2 feet off the ground and a patio could be accessed by a couple of steps. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. Discussion followed regarding the change in setback and if the change was made before or after the applicant purchased the home. It was the consensus of the Council to have staff research the issue further for discussion at the next Council meeting. • COUNCILMEMBER FARBER MOVED TO POSTPONE THE REQUEST FOR A 5 FOOT SETBACK VARIANCE BY RICH AND TAMMI SCHMIDT, PUBLIC HEARING CASE NO. V 98-12 TO THE NOVEMBER 23, 1998, CITY COUNCIL MEETING, FOR FURTHER INFORMATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Request for Final Plat Approval (Blackberry Hills), Case No. P 98-2 Staff report by Scott Harlicker. Dynamics Design and Land Company is requesting final plat approval to subdivide 92 acres into 4 single family lots. Staff recommends approval of the request with the 14 conditions outlined in the staff report. COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 98-127, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR BLACKBERRY HILLS, CASE NO. P 98-2, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4110 City Council Minutes Page 8 November 16, 1998 . 4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEE IN THE AMOUNT OF $1300.00 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION. 9. APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND DISTURBANCE. 10. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. 11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 12. DRAINAGE AND UTILITY EASEMENTS WILL NEED TO BE PROVIDED ON ALL WETLANDS AND PONDS. • 13. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH. 14. A DEED RESTRICTION SHALL BE RECORDED LIMITING FUTURE SUBDIVISION OF LOT 3 TO FOUR ADDITIONAL LOTS UNDER CURRENT ZONING REGULATIONS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Request by City of Elk River for Ordinance Amendment Regarding Lot Line and Yard Definitions, Public Hearing Case No. OA 98-4 Steve Wensman indicated the city has requested an ordinance amendment to redefine the existing definitions: Lot Line, Front and Rear Lot Line, and to create new definitions for Yard, Front Yard, Side Yard and Rear Yard. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED APPROVAL OF ORDINANCE NO. 98-25, AN ORDINANCE AMENDING SECTION 900.00 OF THE CITY'S ZONING ORDINANCE RELATING TO DEFINITIONS FOR FRONT, REAR, AND SIDE YARDS AND LOT LINES, PUBLIC HEARING CASE NO. OA 98-4. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRRIED 5-0. •