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04-26-1999 PR MIN - SPECIAL-JOINT . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 19, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Peter Beck, City Attorney; Scott Harlicker, Planning Assistant; Steve Wensman, Planner; Steve Rohlf. Building and Zoning Administrator; Frank Kriz, City Engineer Also Present: Louise Kuester, Planning Commission Representative; Dave Anderson, Park and Recreation Commissioner; Duane Peterson, Park and Recreation Commissioner 1. Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider Aaenda The following items were added to the agenda: 7.1. Update on East Elk River Condemnation Process COUNCILMEMBER FARBER MOVED TO APPROVE THE APRIL 19, 1999, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1a. 3/29/99 SPECIAL JOINT COUNCIL AND PLANNING COMMISSION MINUTES- APPROVED 3.1 b. 4/12/99 COUNCIL MINUTES - APPROVED 3.2. REQUEST BY BLEEKER NURSERY FOR TEMPORARY GREENHOUSE IN MENARDS PARKING LOT (CASE NO. GP 99-4) - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Bovs and Girls Club Update Council member Thompson updated the council on the building progress of the Boys and Girls Club. He noted that construction has begun with the anticipation of a late summer opening. City Council Minutes April 19. 1999 Page 2 4.2. utilities Commission Uodate . Councilmember Dietz updated the council on the issues discussed at the April 13. 1999. Utilities Commission meeting. He noted that most of the meeting pertained to the audit. Councilmember Dietz stated that the commission talked about the issue of combining the water and sewer departments. He indicated that he will be meeting with staff to investigate the possibility and requested the council to consider this possibility. He noted the possibility of combining the water and sewer department head duties into one position. Councilmember Dietz indicated that the Utilities Commission voted to contribute $500.000 up-front of the $800.000 water shortfall for the East Elk River project. 4.3. Northstar Corridor Uodate Scott Harlicker updated the council on the issues discussed at the April 4. 1999. Northstar Corridor Development Authority meeting. Mayor Klinzing indicated that the Authority has set up a Technical Advisory Committee and has asked each community to appoint one or two members to this committee to deal with land use and transportation issues. Pat Klaers suggested that the council consider Scott Harlicker and the City Engineer Terry Maurer as the two representatives. The council consented to appoint Scott Harlicker and Terry Maurer to the Technical Advisory Committee as suggested by the city administrator. 4.4. Buildina and Zonina Deoartment Issues Extended Hours . a. Building and Zoning Administrator Steve Rohlf stated that the building department is proposing to extend its hours of operation so as to be more accessible to the public. The proposal is to extend hours on Mondays from 8:00 a.m. to 7:00 p.m. The council indicated its support for the building department extending its hours on Mondays. b. Seasonal Temoorarv Insoector Steve Rohlf informed the council of the need to add a temporary building inspector from May 1 sl through October 31 sl. He indicated that the position is considered seasonal/temporary with no benefits provided and with a proposed wage of $15 to $20 per hour. COUNCILMEMBER THOMPSON MOVED TO ALLOW THE BUILDING AND ZONING ADMINISTRATOR TO HIRE A TEMPORARY INSPECTOR NOT TO EXCEED $20 PER HOUR FROM MAY 1 TO OCTOBER 31 OF 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The city administrator indicated that the funds for the inspector would come from the council contingency fund. . . . . City Council Minutes April 19, 1999 Page 3 c. Code Enforcement Intern Steve Rohlf indicated that the building and zoning department is requesting an intern to work with code enforcement issues and compliance of planning approvals. The estimated wage for the position is $8 to $10 per hour. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE HIRING OF A CODE ENFORCEMENT INTERN TO WORK PART TIME FROM MAY TO OCTOBER AT $8 TO $10 PER HOUR DEPENDING UPON QUALIFICATIONS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Verbal Update on Director of Planning Position City Administrator Pat Klaers updated the council on the selection process for the director of planning. 5. Open Mike Madalyn Moos 10024221 5t Avenue NW - stated that there is a problem with garbage in the city and that it is compounded by Guardian Angels using plastic plates. She further noted that she is unhappy with the government process relating to the Cartway issue on Eagle Lake Road. Cecilia Scheel - explained that Madalyn Moos is talking about a city-wide garbage problem unrelated to the Landfill. 6.1. Reauest for Amendment to Ridaewood Hills Plat Planning Assistant Scott Harlicker indicated that this item has been postponed to the May 17, 1999, City Council meeting. 6.2. Request bv Best Yard Services, Inc./G. Schroeder for Conditional Use Permit for Home Occupation, Public Hearina Case No. CU 99-6 Planning Assistant Scott Harlicker indicated that Greg Schroeder is requesting a conditional use permit to operate a landscaping business from his home at 13324 Ranch Road. The applicant's site is 2.67 acres in size and contains a house and a 40' x 50' pole barn. Scott reviewed the staff report on this issue. Scott noted that the Planning Commission recommended approval and included the stipulation that retail sales not be allowed. Mayor Klinzing opened the public hearing. There being no one for or against the matter Mayor Klinzing closed the public hearing. Discussion was held regarding outside storage. Councilmember Thompson requested that all outside storage be enclosed. City Council Minutes April 19, 1999 Page 4 COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY GREG SCHROEDER TO OPERATE A LANDSCAPING BUSINESS FROM HIS HOME LOCATED AT 13324 RANCH ROAD WITH THE FOLLOWING STIPULATIONS: . 1. ALL OUTDOOR STORAGE OF MATERIALS AND SUPPLIES SHALL BE WITHIN AN ENCLOSED AREA SO THAT IT IS NOT VISIBLE FROM THE STREET OR ADJACENT PROPERTIES. 2. THE ENCLOSURE SHALL CONSIST OF A STOCKADE FENCE AND SHALL ALSO INCLUDE LANDSCAPING AS APPROVED BY STAFF. 3. THE OUTDOOR STORAGE AREA SHALL COMPLY WITH THE SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES. 4. NO RETAIL SALES SHALL BE ALLOWED. 5. SIGNAGE SHALL BE LIMITED TO A WALL SIGN NO LARGER THAN 2 SQUARE FEET. 6. ALL EQUIPMENT SHALL BE STORED WITHIN THE POLE BUILDING. 7. HOURS OF OPERATION SHALL BE LIMITED TO 7:00 AM TO 10:00 PM. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Katherine Gessner for Conditional Use Permit, Public Hearinq Case No. CU 99-12 . Planning Assistant Scott Harlicker indicated that Katherine Gessner is requesting to operate a hair salon from her home located at 12278 195th Circle. Scott Harlicker reviewed the staff report on this issue. He noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY KATHERINE GESSNER TO OPERATE A HAIR SALON OUT OF HER HOME LOCATED AT 12278 195TH CIRCLE WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION NOT EXCEED 7:00AM TO 10:00 PM. 2. NO EXTERIOR STORAGE OR DISPLAY BE ALLOWED. 3. SIGNAGE BE LIMITED TO 2 SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE HOME. 4. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN PERSONS WHO CUSTOMARILY RESIDE AT THE RESIDENCE, SHALL BE EMPLOYED. . . . . City Council Minutes April 19, 1999 Page 5 5. THE APPLICANT WORK WITH THE BUILDING INSPECTOR TO ENSURE THAT ALL APPLICABLE BUILDING CODES ARE MET. 6. ALL PARKING SHALL BE ACCOMMODATED ON SITE, ON THE EXISTING DRIVEWAY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Reauest by Leeann Chin for PUD Amendment Reaardina Sianaae Scott Harlicker indicated that Leeann Chin is requesting an amendment to the PUD Agreement for Elk Park Center to allow signage on their awning. Scott Harlicker reviewed the staff report on this issue. He noted that the Planning Commission recommended approval of the request. Peter Beck stated that signage on awnings is not addressed in the PUD agreement and that he felt a change in the sign requirements should require an amendment to the conditional use permit for the PUD and an amendment to the PUD agreement. Councilmember Dietz stated that this request should include a pubic hearing and notification to other property/business owners and that an amendment is an appropriate consideration so that, if approved, other businesses could make similar requests. Lea Greenwood and Ms. Babcock, real estate agents for Leeann Chin were present to answer questions. Council member Thompson indicated he concurred with Council member Dietz. He also questioned whether awning signs with lettering would constitute signs on three sides of the building. Councilmember Farber also concurred with Councilmember Dietz. It was the consensus of council to have Leeann Chin meet with the owners of the property regarding a change in the PUD Agreement for awning signs and to begin the process of amending the conditional use permit for the PUD and the PUD Agreement. 6.5. Reauest by Gopher State Mini Storaae for Setback Variance, Public Hearina, Case No. V 99- 11 Planner Steve Wensman indicated that the applicant is requesting a variance from the parking setback. Steve Wensman reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. Arnie Mach, owner/applicant. stated he has met with city staff and the fire chief to discuss issues of concern. He stated he has made revisions to original plan to address these issues. There being no further comments, Mayor Klinzing closed the public hearing. City Council Minutes April 19, 1999 Page 6 Louise Kuester, Planning Commission Representative, stated that the issues of concern reviewed by the Board of Adjustments have been addressed by the revisions. . COUNCILMEMBER FARBER MOVED TO APPROVE THE VARIANCE REQUESTED BY GOPHER STATE MINI STORAGE FOR A PARKING SETBACK VARIANCE BASED ON THE FOLLOWING fiNDINGS: 1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT WOULD PROHIBIT ACCESS TO THE BACK SIDE OF THE MINI-STORAGE BUILDING OR LIMIT THE TYPE OF STORAGE BUILDING THAT COULD BE CONSTRUCTED. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND STRUCTURE INVOLVED. THE TWO SIDED MINI-STORAGE STRUCTURE MATCHES THOSE ALREADY EXISTING ON SITE AND FILLS A MARKET DEMAND FOR A VARIETY OF STALL SIZES. THE TWO SIDED MINI-STORAGE STRUCTURE REQUIRES ACCESS ON TWO SIDES FOR EMERGENCY AND CUSTOMER VEHICLES. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES HAVE BEEN DEVELOPED TO THE MAXIMUM POTENTIAL, DISALLOWING THE VARIANCE WOULD LIMIT THE DEVELOPMENT POTENTIAL OF THIS SITE. . 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE. LOCATION OF THE EXISTING STORAGE BUILDINGS AND THE DESIGN REQUIREMENTS OF THE MINI-STORAGE USE ALLOW FOR LITTLE FLEXIBILITY IN THE DESIGN OR LAYOUT. IT IS THE NATURE OF MINI- STORAGE TO HAVE ACCESS ON BOTH SIDES. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD BECAUSE THE VARIANCE OCCURS ADJACENT THE RAILROAD PROPERTY WHICH IN EFFECT PROVIDES AN ADEQUATE BUFFER FROM THE USE OF THE PROPERTY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by Union Conqreqational Church for Conditional Use Permit Planner Steve Wensman indicated that Union Congregational Church is requesting a conditional use permit to expand an existing church in the R 1 c zone located at 1118 4th Street. Steve Wensman reviewed the staff report on this issue and indicated that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Tom Brown, Union Congregational Church, addressed the plans for future modification to the parking lot and lighting requirements. He stated that he does . City Council Minutes April 19, 1999 . . 4. 5. 6. 7. 8. 9. 10. . Page 7 not feel it is necessary to light the parking lot at this time due to the lack of evening use and. Additionally, there are no current plans to expand the parking at this time and, therefore, they would not know where to place the lights, so not to destroy them if and when parking is expanded. There being no further comments from the public, Mayor Klinzing closed the public hearing. Councilmember Dietz indicated that the city required St. Andrew's Church to place curb and gutter in front of the old church with no exemption given due to future remodeling. Councilmember Farber indicated that the Union Congregational Church is located in a neighborhood and feels that the lighting would change the look of the neighborhood. Louise Kuester, planning commission representative, indicated that there was no lighting plan submitted or reviewed by the Planning Commission. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY UNION CONGREGATIONAL CHURCH TO EXPAND ITS EXISTING CHURCH IN THE R1 C ZONING DISTRICT AT 1118 4TH STREET WITH THE FOLLOWING CONDITIONS: 1. THAT THE CHURCH PROPERTY, LOTS 10, 11, 12, 13, 14, HOULTON'S ADDITION BE COMBINED AS ONE LOT. 2. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND ANY RECOMMENDATIONS OF THE BUILDING AND ZONING DEPARTMENT. 3. THAT A LIGHTING PLAN BE SUBMITTED FOR APPROVAL BY CITY STAFF AND, IF AGREEMENT CAN'T BE REACHED BY CITY STAFF, THEN THE LIGHTING PLAN BE PRESENTED TO THE CITY COUNCIL FOR REVIEW. THAT THE SITE BE BUFFERED ALONG THE NORTH PROPERTY LINE TO AN OPACITY OF 80% AS REQUIRED BY THE ELK RIVER CITY ORDINANCE. THAT TREES REMOVED FOR CONSTRUCTION PURPOSES BE REPLACED WITH NEW TREES ON SITE. THAT ANY DRIVE LANES LESS THAN 24 FEET WIDE BE SIGNED FOR ONE. WAY TRAFFIC.' THAT THE DRIVEWAY AROUND THE CHURCH BE SIGNED FOR NO PARKING. THAT THE PARKING ADJACENT THE EXISTING GARAGE BE SIGNED AND LIMITED TO ONE VEHICLE. THAT THE DEMONSTRATED PARKING AREA BE INSTALLED UPON THE REQUEST OF THE CITY. THAT THE ENTRANCE DRIVES SHALL CONTAIN A B6-12 CONCRETE CURB AND GUTTER EXTENDING BACK TO THE BUILDING WALL, AND IF OR WHEN THE PARKING LOT IS SUBSTANTIALLY IMPROVED, IT SHALL CONTAIN CONCRETE CURB AND GUTTER. City Council Minutes April 19, 1999 Page 8 11. THAT 10 FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG ALL PROPERTY LINES. . 12. THAT BOTH THE CHURCH AND HOUSE ON THE SITE HAVE INDIVIDUAL SEWER AND WATER HOOK-UPS. 13. THAT ALL REQUIREMENTS OF THE CITY ENGINEER BE MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Reauest By Richard and Dawn Schulz for Land Use Amendment from LI to Cc. Public Hearina. LU 99-2 6.8. Request by Richard and Dawn Schulz for Zone Chanqe from LI to C4, Public Hearinq. ZC 99-3 Planner Steve Wensman, indicated that Richard and Dawn Schulz are requesting a land use map amendment from light industrial to community commercial and a zone change from light industrial to neighborhood commercial for their property located at 19277 Vernon Street NW. Steve explained that the property is located in the Meadowvale Commercial Park and that the applicant is proposing to allow First Step Preschool as a tenant in the proposed addition to his building. Steve Wensman reviewed the staff report on this issue and indicated that the Planning Commission recommended approval of the requests. Mayor Klinzing opened the public hearings on the land use amendment and zone change. There being no one for or against these matters, Mayor Klinzing closed the public hearings. . COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-31 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LIGHT INDUSTRIAL (L1) TO COMMUNITY COMMERCIAL (Ce). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-11 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM L 1 (LIGHT INDUSTRIAL) TO C4 (NEIGHBORHOOD COMMUNITY) ZC 99-3. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Council recessed at 7:30 p.m. and reconvened at 7:40 p.m. 6.9. Request by First Step Preschool, Inc. for Conditional Use Permit, Public Hearina. Case No. CU 99-13 Planner Steve Wensman indicated that First Step Preschool has requested a conditional use permit to operate a preschool in a C4 (Neighborhood Commercial) zoning district at 19277 Vernon Street NW. Steve Wensman reviewed the staff report on this request and stated that the Planning Commission unanimously recommended approval. Landscaping issues were discussed in regard to tree size and placement in relation to the power line easement. Also discussed were the engineering requirements and the submission of a lighting plan. . City Council Minutes April 19, 1999 Page 9 . Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY FIRST STEP PRESCHOOL, INC. TO OPERATE A PRESCHOOL IN A C4 NEIGHBORHOOD COMMERCIAL ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: 1. THAT THE EXISTING CONIFERS BE MOVED FROM THE POWER EASEMENT OR REPLACED WITH TREES OR SHRUBS REACHING A MAXIMUM HEIGHT OF 20 FEET. 2. THAT THE PARKING LOT, HANDICAP STALLS, AND LOADING AREA BE STRIPED AS REQUIRED BY CITY ORDINANCE. 3. THAT THE PARKING LOTS INCLUDE AREAS FOR BACKING UP AT THE DEAD-ENDS. 4. THAT THE PARKING LOT BE CONTAINED WITH CONCRETE CURB AND GUTTER. 5. THAT THE PARKING LOT DRIVE ISLE BE A MINIMUM OF 24 FEET AND PARKING STALLS A MINIMUM OF 18 FEET AS REQUIRED BY CITY ORDINANCE. . 6. THAT THE SITE BE ILLUMINATED AS PER CITY ORDINANCE. 7. THAT ANY SIGNS CONFORM THE CITY ORDINANCE AND REQUIRED PERMITS. 8. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 9. THAT ANY OUTDOOR PLAY AREA BE FENCED AND SHOWN ON THE SITE PLAN INCLUDING ANY SIDEWALKS OR PAVING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Heritaqe Landing Administrative Subdivision, Public Hearinq, Case No. AS 99-1 This item has been formally withdrawn by the applicant. 6.11. Request by Livinq Waters Church for Conditional Use Permit, Public Hearinq Case No. CU 99-9 . Planning Assistant Scott Harlicker indicated that Living Waters Church has requested a conditional use permit to utilize an existing house as an office and small group meeting space for their church. The property is located at 12160 Meadowvale Road. Scott explained that the applicant has plans of constructing a church on this, or their adjacent property, which will require a separate conditional use permit. Scott Harlicker reviewed the staff report on this issue and indicated that the Planning Commission recommended approval of the request. City Council Minutes April 19, 1999 Page 10 Mayor Klinzing opened the public hearing. . Bob Pullar, Church Pastor, indicated he was present to answer questions. Councilmember Dietz stated his concern about the church parking lot not being paved. He also indicated he was concerned that there was no one present from the public to discuss this issue as they were present at the Planning Commission. Mary Hoffer - 21323 Meadowvale Road, stated that the proposal is for a business operation. She stated she does not support the proposal due to the potential of increased traffic. There being no further comments from the public, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY LIVING WATERS CHURCH TO ALLOW THE USE OF AN EXISTING HOUSE AS A CHURCH OFFICE, STORAGE, AND SMALL GROUP MEETING SPACE LOCATED AT 12160 MEADOWVALE ROAD WITH THE FOLLOWING CONDITIONS: 1. A LANDSCAPE PLAN BE PROVIDED AND APPROVED BY STAFF WHICH SCREENS THE ADJACENT PROPERTIES TO THE NORTH AND SOUTH. 2. FUTURE DEVELOPMENT OF THE PROPERTY AS A CHURCH WILL REQUIRE A CONDITIONAL USE PERMIT. . 3. THE PROPOSED PARKING AREA MEET THE ESTABLISHED SETBACK REQUIREMENTS. 4. STAFF WILL REQUIRE VERIFICATION OF THE SEPTIC SYSTEM TO ENSURE THE SYSTEM MEETS THE REQUIREMENTS OF THE PROPOSED USE. 5. THE PARKING LOT BE LIGHTED PER CITY ORDINANCE. 6. PER SECTION 900.24 OF THE ZONING CODE, THE PARKING LOT MAY BE SURFACED WITH CLASS 5 MATERIAL AND CURBING WILL NOT BE REQUIRED. 7. THIS CONDITIONAL USE PERMIT APPLIES TO PARCEL B ONLY. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12. Reauest by Dynamics Desian & Land Co. for Preliminary Plat Approval (Island View Fifth Addition), Public Hearina Case No. P 99-7 Two letters were distributed and made part of the record. Planning Assistant Scott Harlicker indicated that Dynamics Design and Land Company is requesting a preliminary plat approval to subdivide 11 .58 acres into 7 single family lots. The property is located at the westerly terminus of Island View Drive and east of 189th Avenue. Scott Harlicker reviewed the staff report on this . . . . City Council Minutes April 19, 1999 Page 11 issue and indicated that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Darrell Island - 13356 Island View Drive - Requested the city not to extend the road in the future as the residents want to preserve the character of their neighborhood. Sandy Weicht - 13330 Island View Drive - indicated that Island View Drive is a substandard road with an abundance of pedestrian traffic. She indicated her opposition to the extension of the cul-de-sac. Gail Weber - 13216 Island View Drive - Urged the council to think about the value of community and know that the residents value the serenity of Island View Drive. Dale Elliott. 13324 Island View Drive - Stated he chose to live on Island View Drive because of the dead end street. He stated he is opposed to extending road. Dave Halgren - 13492 Island View Drive - Stated that the road is in substandard condition and stated that he is opposed to the road extension. Pat Island. 13563 Island View Drive- Indicated her concern with Outlot A and the possibility of a future through street. She stated she is opposed to the road extension. Vern Draxler. 13416 Island View Drive - Stated he is opposed to the road extension due to the number of children in the area. Gerald Palmer. 13538 Island View Drive - Stated he is opposed to the extension of the road. Don Robinson - 13400 Island View Drive - Stated he objects to the issue of extending the cul-de-sac. Gene Scribner - 13489 Island View Drive - Stated he is opposed to extension of road. Bob Jones - 13514 Island View Drive - Stated he is opposed to extension of road. Bob Schwappach - 13002 Island View Drive. Stated he is opposed to extension of road. Dick Patenaude - 13509 Island View Drive - Stated he is opposed to extension of road. Tom Prody - 13162 Island View Drive - Stated he is opposed to extension of road. Wade Lovelette - 13519 Island View Drive - Stated he is opposed to extension of road. City Council Minutes April 19, 1999 Page 12 Anthony Mikols - 13194 Island View Drive - Stated he is opposed to extension of road. . There being no further comments Mayor Klinzing closed the public hearing. Councilmember Motin stated that the variance would negatively impact many people. He indicated that for this reason he is opposed to extending the cul-de- sac. Mayor Klinzing indicated that extending the road would make a bad situation worse and that she believes the developer can develop the property in some other way. Council member Thompson indicated that he has received comments from residents that live at the east end of Island View Drive that they are not opposed to the cul-de-sac being connected. He further stated that the road is very narrow and safety is a concern. Marly Glines - Developer - indicated that he had met with staff and thought he had met all the requirements necessary for the plat. He indicated he was unaware that the extension of the cul-de-sac for seven homes would be a problem. Council member Dietz indicated that there is a concern with Outlot A and suggested that Outlot A be eliminated to protect the residents from future road expansion. He stated that the current plan does not eliminate the cul-de-sac and does not cause a major impact on the street. . MAYOR KLINZING MOVED TO DENY THE PRELIMINARY PLAT OF ISLAND VIEW 5TH ADDITION REQUESTED BY DYNAMICS DESIGN AND LAND COMPANY TO SUBDIVIDE 11.58 ACRES INTO 7 SINGLE FAMILY LOTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. Council member Farber indicated that he concurred with Councilmember Dietz in that an extension of the cul-de-sac by 600 feet does not impact the neighborhood especially if Outlot A were eliminated so as to prevent a future road connection of the outlot. THE MOTION CARRIED 3-1-1. Councilmember Farber opposed. Councilmember Dietz abstained. The City Council recessed at 9:00 and reconvened at 9:07. 6.13. Request by Meadowvale Builders, Inc. for Zone ChanQe. Public HearinQ Case No. ZC 99-2 6.14. Request by Meadowvale Builders. Inc. for Preliminary Plat (Meadowvale TownhomesL Public HearinQ Case No. P 99-5 6.15. Request by Meadowvale Builders, Inc. for Conditional Use Permit. Public Hearina Case No. CU 99-4 Planning Assistant Scott Harlicker indicated that Meadowvale Builders is requesting a rezoning of 10.72 acres from R1c (Single Family Residential) to PUD (Planned Unit . . . . City Council Minutes April 19, 1999 Page 13 Development); a request for preliminary plat for 27 townhomes; and a request for a conditional use permit for a planned unit development for Meadowvale Townhomes. Scott Harlicker reviewed the staff report on these issues. He noted that the Park and Recreation Commission recommended park dedication fees in lieu of land and the Planning Commission recommended approval of the requests. Mayor Klinzing opened the public hearing. Jay Hill, John Oliver and Associates, indicated that wetlands have been delineated. He stated that the plans have been revised to address the concerns of the Planning Commission regarding screening and off-street parking. Dave Anderson, park and recreation commissioner, indicated his concern with tree preservation. He also commented on the berm requirements and requested that they be adequate for screening. There being no further comments from the public, Mayor Klinzing closed the public hearing. Councilmember Dietz indicated his concern with the entrances onto Meadowvale and stated he was also concerned with the number of trees that will be lost. He stated he feels the housing is too dense for the area. Mayor Klinzing indicated she also had a problem with the density. MAYOR KLINZING MOVED TO DENY ORDINANCE 99-13 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT COUNCILMEMBER DIETZ SECONDED THE MOTION. Councilmember Farber indicated he is not opposed to the rezoning. Jay Hill, John Oliver and Associates, indicated that there are several constraints placed on the property; railroad, gas main easement. wetlands. Council member Dietz stated that although he is not opposed to townhouses in the area, he is uncomfortable with the plan because of the density and the proposal for a private street. Councilmember Thompson concurred. Todd Ganz, owner of the property, indicated that the project was initially designed with 29 units and has since been reduced to 27 units so as to minimize wetland impact. He indicated he has gone through the process required by the city. He further indicated that he is dealing with special barriers such as wetlands, easements, and a railroad. Councilmember Motin stated that he felt that townhomes are a good transition between single family and industrial. He further noted that the people buying the property will know about the density and therefore he is not opposed to the density. City Council Minutes April 19, 1999 Page 14 Council member Thompson indicated a concern about a replacement plan for trees that will be lost. Councilmember Farber indicated that he likes the project and has no concern with the density. . THE MOTION FAILED 2-3. Council members Thompson, Motin, and Farber opposed. COUNCILMEMBER THOMPSON MOVED TO POSTPONE A DECISION UNTIL THE DEVELOPER CAN BRING BACK A MORE SUITABLE PLAN WITHIN 30 DAYS, TO BE RECONSIDERED AT THE MAY 17 CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The applicant agreed to waive the 60-day and 120-day time limits. 6.16. Reauest by Phoenix Enterorises for Rezoninq (Hillside 9th) Public Hearina Case No. Cu 98-21 6.1 7. Request by Phoenix Enterorises for Preliminary Plat Aooroval (Hillside 9th), Public Hearinq Case No. P 98-5 6.18 Request by Phoenix Enterorises for Conditional Use Permit for PUD (Hillside 9th) Public Hearina Case No. CU 98-21 Planning Assistant Scott Harlicker indicated that Phoenix Enterprises is requesting the council to consider the following for property located at Zane Street and 193rd A venue north of Deerfield 3rd Addition. . Rezoning of 43 acres from R 1 e (Single Family Residential) to PUD (planned Unit Development) . . Preliminary plat of 43 acres for 61 single family lots . Conditional use permit for a planned unit development for Hillside Estates 9th Addition. Scott Harlicker reviewed the staff reports on these issues. He noted that the Planning Commission recommended approval of ttie three requests. Mayor Klinzing opened the public hearings for the three requests (Items 6.16, 6.17 and 6.18). There being no one for or against the issues, Mayor Klinzing closed the public hearings. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-12 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1 C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 98-7. COUNCILMEMBER FARBER SECONDED THE MOTION. Park and Recreation Commissioner Duane Peterson explained that park dedication for this plat consisted of donation of land for easements and park dedication fees. THE MOTION CARRIED 5-0. . . . . City Council Minutes April 19, 1999 PagelS COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY PHOENIX ENTERPRISES FOR 61 SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 7. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 8. ALL GRADING TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 9. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 10. A LANDSCAPE PLAN AND CLEARING AND TREE PROTECTION PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. THE LANDSCAPE PLAN WILL INCLUDE LANDSCAPING ON THE CUL-DE-SAC ISLANDS AND THE MEDIAN ON 193RD AND REFORESTATION ALONG 193RD WHERE NEEDED. MAINTENANCE OF THE LANDSCAPING ON THE CUL-DE-SAC ISLANDS SHALL BE THE RESPONSIBILITY OF THE ADJACENT PROPERTY OWNERS. 11. AN EASEMENT BE DEDICATED FOR THE TEMPORARY CUL-DE-SAC. 12. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. City Council Minutes April 19, 1999 Page 16 13. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE PRESERVED. . 14. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 15. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE SHALL BE AS FOLLOWS: FRONT YARD 30 FEET SIDE YARD 10 FEET REAR YARD 30 FEET GARAGE SIDE 5 FEET 16. ACCESSORY STRUCTURE SETBACKS SHALL BE: FRONT YARD 30 FEET SIDE YARD 5 FEET REAR YARD 5 FEET 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. SIDEWALK SHALL BE INSTALLED ON THE NORTH SIDE OF 193RD EXTENDING THROUGH THE PLAT. . 20. TRAIL SHALL BE INSTALLED ALONG THE EAST BOUNDARY OF THE PLAT CONNECTING WITH THE TRAIL INSTALLED AS PART OF HILLSIDE ESTATES STH ADDITION AND EXTENDING TO THE SOUTHERN BOUNDARY OF THE PLAT. 21. THE TRAIL PROPOSED ALONG THE NSP EASEMENT BE INSTALLED AS PART OF THIS PLAT. 22. THE LOT LINES BETWEEN LOTS 23 AND 24. BLOCK 4 AND LOTS 13 AND 14. BLOCK 4 BE ADJUSTED TO ELIMINATE ODD LOT LINE ALIGNMENTS. 23. LOT 5. BLOCK 1 BE ADJUSTED SO IT WILL HAVE ACCESS FROM THE CUL-DE-SAC. 24. LOT LINES ON LOT 3. BLOCK 4 BE ADJUSTED SO THEY ARE MORE PERPENDICULAR TO THE STREET. 25. OUTLOT D TO BE WIDENED TO 50 FEET. 26. THAT APPLICANT PAY PARK DEDICATION FEES CONSISTENT WITH THE ORDINANCE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . . City Council Minutes April 19, 1999 6.19. 6.20 Page 17 COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR HILLSIDE 9TH WITH THE SAME 26 STIPULATIONS THAT WERE APPROVED WITH THE PRELIMINARY PLAT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Reauest By City Of Elk River For Ordinance Amendment Reaardina Wind Generators as a Conditional Use In The Al IAaricultural Zonina District!. Public Hearina Case No. OA 99-2 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to amend the zoning code to allow wind generators as a conditional use in the Al (Agricultural Conservation) district. Scott reviewed the staff report on this issue. He noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Cecilia Scheel- 10271 213th Ave. NW - indicated she has neighbors who have wind generators and they are not a nuisance, but a win-win situation for the community and owner of the generator. There being no other comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-13 AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCE TO ALLOW WIND GENERATORS AS A CONDITIONAL USE IN THE A-1 DISTRICT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Reauest by City of Elk River for Ordinance Amendment Reaardina Open Space Subdivision Reaulations, Public Hearina Case No. OA 98-3 Planner Steve Wensman indicated that the City of Elk River is requesting an ordinance amendment to create an open space preservation development overlay zoning district and regulations. Steve explained that the open space development ordinance is written to permit clustering in an overlay district for the RIa (Rural Residential District) and A 1 (Agricultural Conservation) zones if the development meets the minimum requirements as consistent with the Comprehensive Plan. Steve Wensman reviewed the staff report on this issue and noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Cecilia Scheel - 10271 213th Ave. NW - stated that property owners cannot afford to give away land to be used for open space. She indicated that she is opposed to the ordinance. She further questioned how this ordinance will impact the large land property owners. Cecilia Scheel questioned why the city felt it needed to implement this ordinance. Council member Farber stated he does not feel a need for this type of ordinance in the city at this time. City Council Minutes April 19, 1999 Page 18 Planning Commission Representative Louise Kuester indicated that this issue emerged from the Comprehensive Plan for the city. She stated that the Planning Commission spent many hours researching and reviewing this issue. She further noted that the ordinance would give property owners another opportunity and option in the development of their land. She stated that this ordinance does not require that land be given away for open space. She indicated that it is the property owners choice whether or not to utilize clustering. . Mayor Klinzing indicated she would not want to adopt this type of ordinance unless there was a request from property owners or developers. Councilmember Motin indicated that he would like to hear more from developers regarding this issue. There being no further comments from the public, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO POSTPONE THIS ISSUE INDEFINITELY. COUNCILMEMBER THOMPSON SECONDED MOTION. THE MOTION CARRIED 4-1. Council member Farber opposed. 7. Other Business East Elk River Condemnation Process City A ttorney Peter Beck reviewed the status of the eminent domain process for the . eastern area project and distributed a resolution relating to the Eull property. He noted that the Eull property was excluded from the original resolution which was adopted by the council to begin the process. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-32 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. 117.042. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Use of Vacant City Prooertv Councilmember Motin questioned whether the city had a policy regarding the use of vacant city property. He indicated that he was referring to the request to have a car show on the HRA King and Main property. He noted that this type of use is a profit making endeavor and questioned if the city should be involved by allowing the use of its land. Councilmember Thompson questioned what the city's liability was regarding these types of situations. Council discussion pursued regarding the use of vacant city property. It was the consensus of the City Council not to allow any type of private or public use of the HRA property at King and Main Street. . . . . City Council Minutes April 19. 1999 Page 19 COUNCILMEMBER THOMPSON MOVED TO NOT ALLOW USE OF HRA OWNED PROPERTY THAT IS CURRENTLY FOR SALE FOR ANY PUBLIC OR PRIVATE USE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. 8. Staff Uodates There were no staff updates. 9. Adjournment There being no further business. Mayor Klinzing adjourned the council meeting at 11 :03 p.m. ~~. ?P~ Sandra Peine City Clerk