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04-27-1993 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER CITY HALL TUESDAY, APRIL 27, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kreger, Kuester, spotts and Tveite. Members Absent: Commissioner Johnson Staff Present: stephen Rohlf, Building and Zoning Administrator; Gary Schmitz, Recycling Coordinator; Peter Beck, City Attorney, Matt Ledvina, Environmental Consultant, and Catherine Schmidt, Recording Secretary 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chairman Minton. 2. Consider Planning Commission Agenda Commissioner Eber1ey added discussion of policy relating to public meetings. Gary Schmitz added discussion regarding the interviewing process for the City Planner, and comments from Tri-County Solid Waste regarding transfer trucks. MOVED TO COMMISSIONER APPROVE TVEITE THE AMENDED 4/27/93 PLANNING SECONDED THE MOTION. THE COMMISSIONER EBERLEY COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider Planning Commission Minutes Commissioner Eber1ey amended the approval vote of the Planning Commission's Annual Meeting to reflect the vote 4-0-2. Further, page 7 (end of Item 9) Commissioner Johnson's statement regarding a tree protection policy should have been reflected as a motion by Commissioner Johnson, Seconded by Commissioner Eber1ey, carried 7-0. Commissioner Kreger amended page 3, Item 7, paragraph 1, "Planning Commissioner" should read "planning Commission"; page 4, Item 9, paragraph 6, "gun club to possible fence..." should read "gun club to possibly fence..."; and page 6, Item 9, the stipulation should read "THE DEVELOPER MUST REIMBURSE THE CITY FOR THE COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW." COMMISSIONER TVEITE COMMISSION MINUTES. MOTION CARRIED 6-0. MOVED TO APPROVE COMMISSIONER EBERLEY THE AMENDED 4/27/93 PLANNING SECONDED THE MOTION. THE 4. Planning Commission Representative to Attend City Council Meeting It was indicated commissioner Tveite would attend the 5/17/93 City Council meeting to be held at the Elk River City Hall. Elk River Planning Commission Minutes April 27, 1993 Page 2 . 5. Renewal of Conditional Use Permit For ConTeck Environmental Services/ Public Hearing, Case No. 93-05 Commissioner Kreger stated he would abstain from discussion and voting due to conflict of interest, and removed himself from the table. stephen Rohlf, Building and Zoning Administrator, briefed the Planning Commission regarding the renewal of a conditional use permit to allow a facility to thermally treat petroleum hydrocarbon contaminated soil. This operation also requires a solid waste facility license, which is acted upon only by the City Council. Mr. Rohlf reviewed the issues raised in staff's memo dated April 21, 1993. Chairman Minton opened the public hearing. stephen Rohlf referred the Planning Commission to page 3 of the license and conditional use permit and requested that part of the first paragraph be amended to "subject to specific approval of an alternative facility by the City of Elk River" read "subject to specific approval of an alternative facility by the Building and zoning Administrator, City of Elk River." The language amendment would serve to avoid the repeated step of another Planning commission and City Council review. . Peter Beck, City Attorney, stated the language should still read "by the City of Elk River" not "by the Building and Zoning Administrator" and the City Council could appoint the Building and Zoning Administrator as the City's agent to review the alternative facility. Mr. Rohlf argued that the standards to review an alternative facility will be set by this permit. This review is a technical issue not requiring and additional public hearing. Further, the Attorney's language leaves one to believe an additional public hearing is required. Matt Ledvina, B.A. Liesch & Associates, commented environmental issue and stated the language amendment Zoning Administrator was merely a technicality and would meaning of the documents. Discussion ensued. regarding to Building not change the and the There being no further comments from the public, Chairman Minton closed the public hearing. Discussion between Planning Commission members continued. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF A CONDITIONAL USE PERMIT FOR CONTECK ENVIRONMENTAL SERVICES, CASE NO. CU 93-05, CITING STAFF'S MEMO DATED APRIL 21, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. CONTECK PROVIDE THE CITY WITH THE NEW AND CORRECTED DESCRIPTION OF CONTECK'S PROPERTY. LEGAL 2. PROOF OF ADEQUATE INSURANCE FROM WHOEVER IS INVOLVED IN THE OPERATION. . COMMISSIONER SPOTTS SECONDED THE MOTION. COMMISSIONER KREGER ABSTAINED FROM VOTING. THE MOTION CARRIED 5-0. Elk River Planning Commission Minutes April 27, 1993 Page 3 . 6. Preliminary Plat Review and Associated Variances For The Plat of CherryHill Bluffs 2nd Addition by Richard Foster/Public Hearing, Case No. 93-02 stephen Rohlf, Building and Zoning Administrator, explained that the original preliminary plat was presented to the Planning Commission at their March 23, 1993, meeting. This is a revision to the original preliminary plat. The water issue appeared to be a major concern. Mr. Rohlf reviewed the issues raised in staff's memo dated April 20, 1993. Chairman Minton opened the public hearing. Richard C. Foster, 241 East Main, Elk River, stated that he spoke with the City Engineer regarding the water issue. Per the City Engineer, the water is adequate with the existing system if the water tower is ordered by the end of May so it is completed by June 1, 1994. Also, there was some dispute as to who owned the southern five acres included in the plat. It is owned by MnDot and will be sold to the City. Outlot B is not owned by the developer and, therefore, can not be dedicated to the City. stephen Rohlf responded staff is still recommending the City own this Outlot and suggested the developer relay this to the owner of Outlot B. . There being no further comments from the public, Chairman Minton closed the public hearing. Commissioner Eberley questioned whether the current water system was adequate. Mr. Foster explained the comments by City Engineer, Terry Maurer. Discussion ensued regarding a drainage easement versus ownership of Outlot B. COMMISSIONER EBERLEY CHERRYHILL BLUFFS 2ND CITING STAFF'S MEMO STIPULATIONS: RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT OF ADDITION BY RICHARD FOSTER, CASE NO. P 93-02, DATED APRIL 20, 1993, SUBJECT TO THE FOLLOWING 1. PRIOR TO FINAL PLAT, LOT SIZES AND WIDTH REQUIREMENTS ARE VERIFIED TO MEET CITY STANDARDS ON THE REVISED VERSION OF THE PLAT. 2. THE DRAINAGE PLAN FOR THE PLAT BE APPROVED BY THE CITY ENGINEER PRIOR TO COUNCIL REVIEW OF FINAL PLAT. FURTHER, THAT OUTLOT D AND OUTLOT B BE DEDICATED TO THE CITY BECAUSE THEY ARE INTRICATE PARTS OF THE PLAT DRAINAGE. IN ADDITION, THAT AN ARMY CORPS OF ENGINEERS AND DNR PERMIT IS OBTAINED TO ACCOMPLISH DRAINAGE IN THE PLAT, IF REQUIRED. LASTLY, THAT MNDOT APPROVE THE DRAINAGE PLAN AND ALLOW A CONSTRUCTION PERMIT WITHIN THE RIGHT-OF-WAY TO ACCOMPLISH PLAT DRAINAGE. . 3. MNDOT'S NOISE STUDY IS CONSIDERED AND THE DEVELOPER PROVIDE PLANS FOR BUFFERING THE PLAT FROM HIGHWAY NOISE PRIOR TO COUNCIL REVIEW OF FINAL PLAT. . . . Elk River Planning commission Minutes April 27, 1993 Page 4 4. NORTHERN NATURAL GAS COMPANY'S REQUIREMENTS FOR WORK IN THEIR GAS EASEMENT BE INCORPORATED IN THE PLANS AND SPECS FOR THE IMPROVEMENTS IN THE PLAT PRIOR TO FINAL PLAT REVIEW. 5. CITY OWNERSHIP OF OUTLOT C IS CONSIDERED AND THIS OUTLOT IS DEEMED UNBUILDABLE. 6. PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL THE DEVELOPER MUST SUBMIT A DEVELOPMENT PLAN FOR STAFF APPROVAL. 7. ROAD NAMES ARE ADJUSTED AS PER STAFF'S RECOMMENDATION. 8. THIS PLAT IS CONTINGENT UPON VARIANCES BEING GRANTED FOR BOTH ROADS. 9. PARK DEDICATION BE $400 PER ADDITIONAL LOT CREATED. 10. SLOPES OF 30% OR MORE ARE PROTECTED BY EASEMENTS AND SPECIFICALLY THE SLOPES ON THE WEST SIDE OF LOTS 3-7, BLOCK 2, ARE PROTECTED BY EASEMENTS. 11. TREES REMOVED FOR CONSTRUCTION OF IMPROVEMENTS IN THE PLAT AND HOUSES HAVE THEIR STUMPS REMOVED WITHIN 24 HOURS OF THE TREES BEING DROPPED OR HAVE THEIR ROOTS SEVERED FROM THE TREES THAT ARE TO REMAIN PRIOR TO FELLING. FURTHER, THAT ROOTS EXPOSED BE BURIED THE SAME DAY THEY ARE EXPOSED. LASTLY, THE TREES THAT ARE TO REMAIN AFTER CONSTRUCTION ARE PROTECTED FROM MECHANICAL DAMAGE BY ROPING OFF THEIR DRIP LINE. 12. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THIS PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 13. PRIOR TO RECORDING THE PLAT THE DEVELOPER MUST SUPPLY THE CITY WITH A LETTER OF CREDIT OF 100% OF THE ESTIMATED COST OF THE IMPROVEMENTS IN THE PLAT OR WHATEVER PERCENT IS CITY POLICY AT THE TIME OF RECORDING. 14. THE STIPULATIONS OF APPROVAL OF THIS PLAT ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT. 15. THE DEVELOPER REIMBURSE THE CITY FOR THE COST INCURRED IN REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 16. THE PLAT IS CONTINGENT UPON THE EXECUTED SALE OF CITY PROPERTY TO THE DEVELOPER WITH THE ISSUE OF MNDOT'S PROPERTY BEING RESOLVED. 17. THIS PLAT APPROVAL IS CONTINGENT UPON A SATISFACTORY RESOLUTION OF THE ISSUE OF WATER CAPACITY AND PRESSURE PRIOR TO FINAL PLAT REVIEW. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Elk River Planning Commission Minutes April 27, 1993 Page 5 Variance COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE ASSOCIATED VARIANCE REQUEST FOR FREEPORT STREET AND EVANS STREET (CHERRYHILL BLUFFS 2ND ADDITION) BY RICHARD FOSTER, CASE NO. V 93-01, CITING STAFF'S MEMO DATED APRIL 20, 1993. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Conditional Use Permit Request For An Accessory Structure by Ed and Kris Stevens/Public Hearing, Case No. CU 93-09. Stephen Rohlf, Building and Zoning Administrator, explained the applicants, Ed and Kris Stevens, were requesting a conditional use permit to exceed 3 standards: exceed the 1,000 square foot maximum size of a single accessory structure, to exceed the maximum total square footage of accessory structures on a single lot, and encroachment on the 300 foot setback to metal skin building. Mr. Rohlf reviewed the issues raised in staff's memo dated April 20, 1993. Chairman Minton opened the public hearing. Ed Stevens, 21216 Vernon Street, addressed the seven standards for a conditional use permit and presented the Commission with photographs of the proposed building site. Jeannine Gerhardson, 5809 is the owner of lots 15 Gerhardson does not like building. Pearson Dr. N., Brooklyn Center, stated she and 16, Greenhead 3rd Addition. Ms. the proposed location or size of the Jim Lundquist, requirements and Further, he stated from his lot line. 21244 Vernon Street, questioned the type of siding Ed Stevens would he would like the building smaller and the setback be putting on. further away Ed Stevens, 21216 Vernon Street, explained to the Commission that he would like to work with his neighbors and was willing to scale down the size of the building and to slightly relocate it. There being no further comments from the public, Chairman Minton closed the public hearing. The Planning Commission discussed the size and location of the proposed structure. COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR AN ACCESSORY STRUCTURE BY ED AND KRIS STEVENS, CASE NO. CU 93-09, CITING STAFF'S MEMO AND THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THE ACCESSORY STRUCTURE BE NO CLOSER THAN NEIGHBORING RESIDENCES. 175 FROM FEET . . . Elk River Planning Commission Minutes April 27, 1993 Page 6 2. THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY STRUCTURE NOT EXCEED 1,400 SQUARE FEET. 3. THE STRUCTURE BE INSULATED FOR SOUND DEADENING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Variance Request on Lot Size By Moyer Inc.,/Public Hearing, Case No. V 93-03 Weicht & Investment, Stephen Rohlf, Building and Zoning Administrator, stated the applicant, represented by John Weicht, is requesting an administrative subdivision to divide a lot containing an existing duplex into two lots with a zero lot line. The applicant is also requesting variances on lot width and size for both lots they are proposing to create. Only the City Council will review the administrative subdivision, however, the Planning Commission will review the variance requests. Mr. Rohlf reviewed the issues raised in staff's memo dated April 20, 1993. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Discussion among the Commission members ensued. COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE VARIANCE REQUEST BY MOYER & WEICHT INVESTMENTS, INC., CASE NO. CU 93-03, CITING STAFF'S MEMO DATED APRIL 20, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. LOT LINES BE CREATED IF THE STRUCTURES MEETS APPLICABLE BUILDING CODES. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Preliminary Plat Review Request For The Plat of Bruce Addition By Chris and Linda Bulow/Public Hearing, Case No. P 93-06 Stephen Rohlf, Building and Zoning Administrator, applicants are requesting preliminary plat review of development consisting of six duplexes (twelve units), family lots, served by City sewer and water. Mr. Rohlf issues raised in staff's memo dated April 20, 1993. explained the a residential and two single reviewed the Chairman Minton opened the public hearing. Chris Bulow, stipulation #8 responded. PO Box 506, Elk River, requested clarification of in staff's memo dated April 20, 1993. Mr. Rohlf There being no further comments from the public, Chairman Minton closed the public hearing. Elk River Planning Commission Minutes April 27, 1993 Page 7 . Commissioner Tveite stated stipulation #9 should include "the site be seeded and maintained until self sufficient for erosion....." Commissioner Eberley density neighborhoods. invited discussion regarding sidewalks in high The Planning Commission discussed sidewalks. COMMISSIONER KREGER RECOMMENDED APPROVAL OF PRELIMINARY PLAT OF BRUCE ADDITION BY CHRIS AND LINDA BULOW, CASE NO. P 93-06, CITING STAFF'S MEMO DATED APRIL 20, 1993, WITH THE FOLLOWING STIPULATIONS: 1. THE CITY ENGINEER DESIGNS THE SEWER AND THE CITY ENGINEER APPROVE THE DRAINAGE THE CITY ENGINEER INSPECTS THE SEWER, IMPROVEMENTS. WATER EXTENSIONS. AND GRADING PLANS. WATER, GRADING, FURTHER THAT LASTLY, THAT AND DRAINAGE 2. THE COST OF SEWER, WATER, GRADING, DRAINAGE, AND DRIVES, AS ESTIMATED BY THE CITY ENGINEER, BE SECURED BY A 100% LETTER OF CREDIT IN FAVOR OF THE CITY TO ENSURE COMPLETION OF THESE IMPROVEMENTS PRIOR TO RECORDING THE PLAT. 3. A 25% WARRANTY BOND COVERS THE SEWER AND WATER EXTENSIONS FOR A ONE YEAR PERIOD FOLLOWING ACCEPTANCE OF THOSE IMPROVEMENTS BY THE CITY. 4. CITY APPROVAL OF THIS PLAT IS CONTINGENT UPON THE FOLLOWING OTHER APPROVALS: MPCA FOR THE EXTENSION OF SEWER, CITY RESPONSIBILITY AND DEPARTMENT OF HEALTH FOR THE EXTENSION OF WATER, CITY RESPONSIBILITY. . 5. THE SETBACKS IN THE PLAT ARE 30' FRONT, 10' SIDE, AND 10' REAR, FOR THE SINGLE FAMILY LOTS; AND 5 FOOT SIDE AND REAR FOR ACCESSORY STRUCTURES ON THE SINGLE FAMILY LOTS. SETBACKS FOR THE DUPLEX LOTS ARE 5 FOOT ALL SIDES, EXCEPT FOR THE COMMON WALL WHICH WOULD BE A ZERO LOT LINE. 6. PUBLICLY OWNED UTILITIES ARE PROTECTED BY EASEMENTS AND ACCOMMODATIONS ARE MADE FOR THE EXTENSION OF UTILITY SERVICES THROUGH THE COMMON LOT TO THE INDIVIDUAL LOTS WITHIN THE PLAT. FURTHER, THAT THE ELK RIVER MUNICIPAL UTILITIES REVIEW THE PLAT AND EASEMENTS ARE ADDED, IF THEY NEED THEM. 7. NO PARK DEDICATION FEES BE CHARGED. 8. SEWER, WATER, GRADING, AND DRAINAGE HAVE A ONE YEAR COMPLETION DATE AND MUST BE ACCOMPLISHED PRIOR TO BUILDING PERMIT ISSUANCE WITHIN THE PLAT. 9. THE ENTIRE SITE BE SEEDED AND MAINTAINED UNTIL SELF SUFFICIENT FOR EROSION CONTROL IN THE SAME CONSTRUCTION SEASON AS THE GRADING. 10. THE LOT SIZES AS PROPOSED IN THE PLAT ARE DEEMED ACCEPTABLE. 11. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COST FOR REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. . 12. THE STIPULATIONS OF APPROVAL ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT. Elk River Planning commission Minutes April 27, 1993 Page 8 4It 13. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. 14. THE PLANNING COMMISSION IS COMFORTABLE WITH THE CHANGES TO THE DUPLEX LOT SIZES PROPOSED BY THE DEVELOPER. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Consider An Ordinance Amendment to Section 1008.14 (5) (j) "Length of Dead-end Roads" by the City of Elk River/Public Hearing Stephen Rohlf, Building and Zoning Administrator, briefed the Planning Commission regarding the current ordinance and reviewed the issues raised in staff's memo dated March 17, 1993. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Commissioner Eberley requested clarification of versus cul-de-sac, and suggested staff be consistent these terms. the terms dead-end with the use of 4It Peter Beck, City Attorney, reviewed the proposed ordinance amendments with the Planning commission. For clarification, Mr. Beck labeled the amendments "A" (j. cul-de-sacs are undesirable) and "B". Discussion ensued. COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 1008.14 (5) (j) "LENGTH OF DEAD-END ROADS," AMENDMENT 93-B, BY THE CITY OF ELK RIVER, PUBLIC HEARING. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION TIED 3-3, CHAIRMAN MINTON, COMMISSIONERS SPOTTS AND TVEITE WERE FOR THE MOTION WITH COMMISSIONERS EBERLEY, KREGER, AND KUESTER AGAINST THE MOTION. COMMISSIONER KREGER RECOMMENDED APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 1008.14 (5) (j) "LENGTH OF DEAD-END ROADS," AMENDMENT 93-A BY THE CITY OF ELK RIVER, PUBLIC HEARING, WITH A MODIFICATION TO PARAGRAPH (j) : (j) Cul-de-sacs - cul-de-sac streets, permanently designed as such, can be undesirable in terms of traffic, movement, emergency vehicle access, school bus traffic, and snow plowing. (The remainder of this paragraph remained the same) COMMISSIONER EBERLEY SECONDED COMMISSIONERS EBERLEY AND KREGER MINTON, COMMISSIONERS KUESTER, MOTION. THE MOTION. THE MOTION FAILED 2-4. WERE FOR THE MOTION, AND CHAIRMAN SPOTTS, AND TVEITE WERE AGAINST THE 4It It was the concensus of the commission that the maximum length of dead-ends be increased to 700 feet measured to the center of the circle, that longer cul-de-sacs be allowed under the criteria in the . . . Elk River Planning Commission Minutes April 27, 1993 Page 9 proposed ordinance amendments without a variance, and that the City accommodate the extension of dead-ends whenever possible. 11. other Business Commissioner Eberley requested suggestions/opinions regarding a policy for attending public meetings. Discussion ensued. Peter Beck, City Attorney, briefed the Commission regarding the Open Meeting Law, however, he stated he knew of no law prohibiting the Planning commission from attending public meetings. He did caution the Commission regarding comments reflecting personal opinions. After some discussion, the Planning Commission decided not to set a policy. Gary Schmitz, Recycling Coordinator, advised the Planning commission of a letter received from the Tri-County Solid Waste Management Commission explaining a proposal by private refuse haulers to bypass the refuse transfer station in st. Cloud and haul refuse to the RDF plant. If this proposal is passed, it would increase truck traffic from 6-8 semi trucks to 50-60 smaller refuse trucks. The City will be drafting a letter to the Tri-County Solid Waste Commission detailing their concerns. Gary Schmitz, Recycling Coordinator, informed the Planning Commission of the upcoming interview process for the City Planner. Mr. Schmitz informed the Commission that the City Council has invited one Planning Commission member to attend the interview process. Interviews are tentatively scheduled for May 6, 1993, sometime after lunch. More information would be presented at a later date. 12. Adjournment There being no further business, COMMISSIONER TVEITE MOVED THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. CARRIED 6-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 10:30 p.m. Respectfully submitted, ~~ In J'Mrnli& Catherine M. Schmidt Recording Secretary