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05-22-1990 PC MIN e e e MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, MAY 22, 1990 Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Schroeder, Fuchs, and Nadeau Members Absent: Commissioner Morton Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Tim Keane, City Attorney; John Lichter, Environment Consultant 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order by Chairman Kimball at 7:00 p.m. 2. Consiqer 5/22/90 Plannin~ Commission A~enda 18.5 - "Update" was added to the agenda. COMMISSIONER EBERLEY MOVED TO APPROVE THE 5/22/90 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. ~onsider 4~Q Plannin~ Commission Minutes COMMISSIONER NADEAU MOVED TO APPROVE THE 4/10/90 PLANNING COMMISSION MINUTES. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. ~Qnsider~1L90 P~annin~ Commission Minutes Page 1, Item 3 - Change the date in the motion to read "3/27/90". Page 3, Item 5- add after paragraph two the following motion: "COMMISSIONER NADEAU MOVED TO CONTINUE THE OUTDOOR ADVERTISING SECTION OF THE ORDINANCE TO THE NEXT REGULAR SCHEDULED PLANNING COMMISSION MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0". Page 5, Item 7 - "Motion was seconded by Commissioner Nadeau". Page 7, item 9 - add after motion " Commissioner Eberley indicated the stipulations in staff's memo would comply with the 7 standards for a condi tional use permit. Page 8, Item 11 - fourth paragraph change identification sign size to 3 ft. by 4 ft." COMMISSIONER EBERLEY MOVED TO APPROVED THE PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Cons~.d..~r 5L1/9~lannin~ Commission Minut~E. COMMISSIONER EBERLEY MOVED TO APPROVE THE 5/1/90 PLANNING COMMISSION MINUTES. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes May 22, 1990 Page 2 e 6. Planninj;{ CO!Dmission Reo..resentative to Atteng Council Meetinj;{ on June 18 _L.JJ!9J! It was indicated that Commissioners Johnson and Fuchs would attend the June 18, 1990, City Council meeting. 7. Condi tion~!_U~permtLJ~or _ C~nt1!.!!!.in.ll.teci_S.Qi1-Tr..~at!!len-1-E1!Q..iU tL.l:>-Y Con t_eckLP . H~ Steve Rohlf, Building and Zoning Administrator, indicated that the Planning Commission should only approve the conditional use permit if they find that the seven standards for granting a conditional use permit can be met. Chairman Kimball opened the public hearing. . Commissioner Eberley stated that she would like to wait until the final draft of the permit from MPCA is received before making a final decision as this could be subject to change. e Commissioner Johnson indicated she would like to see a continuous monitoring of the flue gas temperatures instead of every 15 minutes as stated in MPCA permit. She indicated that if odor because a problem, she would like the City to reserve the right to require the stack height for the facility to be raised. Staff was in agreement. Commissioner Johnson stated that regarding Conteck's letter of 4/15/90, opacity is not addressed in the fugitive dust portion of MPCA's permit. She would like to see this addressed. John Litcher stated that opacity is not a legitimate test for fugitive dust. Commissioner Johnson indicated that .1 grain per day standard cubic foot for particulates be change to .04 the same as for asphalt processing plants. The following questions and issues were raised by the Planning Commission: MPCA's Permit It was the general consensus of the Planning Commission that they would like to wait for the final draft from MPCA before making a final decision as this could be subject to change. Staff stated that if MPCA doesn't issue a permit there can be no operation. Staff stated that the most the City Council can do is approve the conditional use permit contingent upon MPCA's approval. e Relatio_nship- between the Elk River____IJandfill. Inc. and ConteQ_k Environmental Services The Planning Commission was concerned with the legality between Elk River Landfill, Inc. and Conteck Environmental Services. Mr. Kreger addressed this issue indicating that Conteck was the applicant. Steve Rohlf, Building and Zoning Administrator, stated that it is customary to have the fee owner of the property (Elk River Landfill) involved as co-signer of the application to legitimize the use of the property. Mr. Kreger indicated that Elk River Landfill will be accepting and storing temporarily contaminated soils according to their industrial waste management plan. The storage site and the processor are two different Planning Commission Minutes May 22, 1990 Page 3 e functions. He indicated that Elk River Landfill and Conteck are two separate entities. Mr. Kreger noted that if Elk River Landfill becomes a co-applicant and Conteck fails, the Elk River Landfill still has a valid permit for a thermal processor. Tim Keane, City Attorney, indicated that he had discussed this with staff and there were several factors involved. Mr. Keane indicated that the principal question in his mind is whether this should be treated as an amendment to the existing license, a separate license by the operating entity, or the operating entity and cooperative relationship wi th Elk River Landfill. Mr. Keane indicated he would make a recommendation to confer with Mr. Kreger and his advisors to come up with a solution. It was the general consensus of the commission that Tim Keane, City Attorney, explain the legal ties between Elk River Landfill and Conteck. e 1jabili ~~ The Planning Commission was concerned with the liability to the public and the City. Steve Rohlf indicated that staff is recommending a hold harmless clause in their permit to protect the City. Mr. Kreger stated that the Elk River Landfill has a one million dollar general liability policy, which is required by the state. Staff stated that they were not uncomfortable with the general liability by Conteck and felt this was adequate. Mr. Rohlf further indicated that if Conteck were to go out of business, Elk River Landfill would have to deal with the problem as they own the property. AIR_~MISSIONS Staff suggested that John Litcher check with MPCA recommended .1 grain per dry standard cubit foot for This was discussed by the Planning Commission and staff. on why they particulates. Chris Kreger addressed a number of concerns he had with staff's recommendation addressed in staff's memo dated 5/15/90. Mr. Kreger stated that he does not have a problem with the City requesting reimbursment for costs incurred provided that other similar uses are given the same consideration. He stated that he feels the City needs to consider the cost that it applies to it's businesses in relationship to the entire economy of Minnesota. ~ Mr. Kreger stated that he was concerned wi th staff's recommendation that Conteck or Elk River Landfill be allowed to store two days worth of processed soil or 4,500 cubic yards. He felt this was being unreasonable. Mr. Kreger stated that he did not know how they could get rid of enough material to keep the stock pile down to 4,500 cubic yards. He felt that this material is not going to be any more of a dust problem than stock piles at the gravel pit. John Litcher stated that he did not see a need for keeping a large stock pile of material on the site. Staff suggested that Elk River Landfill and/or Conteck Environmental Services be allowed to store up to 10,000 cubic yards of treated soil with staff having the di Rcretion to Hmi t the stock pile to whatever amount is needed to control fugitive dust, including no stock pile. e Planning Commission Minutes May 22, 1990 Page 4 e COMMISSIONER EBERLEY MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT REGULAR MEETING OF THE PLANNING COMMISSION AND TO TABLE THE DISCUSSION UNTIL THE PLANNING COMMISSION'S NEXT SCHEDULED WORK SESSION SO AS TO AWAIT FINAL WORD FROM MPCA AND TO AWAIT THE CITY ATTORNEY'S LEGAL OPINION ON THE RELATIONSHIP BETWEEN THE TWO ENTITIES TO RESOLVE SOME OF THE CONCERNS THAT THE COMMISSION HAS RAISED ABOUT STANDARDS, MEASUREMENT, COSTS ETC. ALSO TO DETERMINE WHO IS BEING PERMITTED BY THE MPCA. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Fuchs suggested that this information be available for their next work session for discussion as not to hold this item up. 8. Qr.dinJ!:!tc.:e' AmenrtmenU.s.imLOrdinance) by the City of Elk River/P.H. Steve Rohlf, Building and Zoning Administrator, reviewed the changes as stated in his memo dated May 1, 1990. The Planning Commission discussed this and made a number of modifications to the draft sign ordinance which are reflected in the current ordinance that was passed on to the Council. This included everything but the outdoor advertising signs. Chairman Kimball opened the public hearing. e Chairman Kimball provided some background information for the discussion of advertising signs. Chairman Kimball indicated the two main objections against billboards are the size of the signs and the number of signs. He stated that the outdoor advertising industry was asked to address their concerns regarding outdoor advertising, which has been received. The general consensus of the Commission and staff was that the response was not adequate as far as the area of immediate reduction of the signs. Chairman Kimball asked that the Planning Commission not amortize billboards out of existence, but instead regulate the size and number of signs. He stated that this would make the existing signs nonconforming according to the ordinance. There were a number of people present from the outdoor advertising industry to address their concerns. Keith Franklin of Franklin Outdoor Advertising stated that the State of Minnesota has set guidelines for billboards on the interstate highways and state highways. He indicated that the City of Elk River was at 40% of what the state allows for billboards. Mr. Franklin stated that advertisers need signs large enough for people to see when they're passing through. James Kleinke of Franklin Outdoor Advertising stated his concerns indicating that the impact would be dramatic on the City of Elk River if advertisers are unable to advertise their products. He felt Elk River was overlooking one aspect of the sign ordinance, the advertisers. .- Tim Keane, City Attorney, suggested that he would be willing to tabulate and provide to staff and the Commission, the sign area, spacing, and height, and other zoning restrictions of signs in other communities that have adequate, but not a surplus of signage. Mr. Keane stated that there is a provision in the State Statutes that if e Planning Commission Minutes May 22, 1990 Page 5 e state or local regulations result in the removal of an outdoor advertising device, it is classified as a compensable taking. He suggested that the Commission keep in mind, the regulatory framework as it affects outdoor advertising. Mr. Keane indicated that the outdoor advertising industry could make a claim for compensation if these signs have to be removed. Richard Mlodzik of Skoglund Communications, Inc. indicated that he felt Mr. Keane had verified the letter that Skoglund Communications had sent to Mr. Rohlf dated March 29, 1990. Mr. Mlodzik felt that the outdoor advertising industry should not have to take any of their signs down, as everyone of their signs was erected with a legal permit, under the guidelines of the city ordinance that were in place at the time the signs were erected. Mr. Mlodzik felt this was illegal per the Minnesota State Statute which regulates outdoor advertising signs. . Commissioner Eberley stated that an effort should be made to reach a compromise. She felt people had a right to advertise. Commissioner Eberley stated that everyone should take a look at the Growth Management Plan that has been referenced and the Mission Statement that has been talked about. She indicated that the City should be looking to the future and preserving what is good about Elk River for those who come behind us. Commissioner Eberley stated that the City does not want to shut out the opportunity for businesses. e Staff asked the Planning Commission to consider menu boards which he addressed in his April 12, 1990 memo as items a, b, c and d. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE SIGN ORDINANCE AS REVIEWED AND APPROVED BY THE PLANNING COMMISSION WITH EVERYTHING EXCEPT OUTDOOR ADVERTISING (BILLBOARDS) INCLUDING MENU BOARDS PER STAFF'S RECOMMENDATION. ALSO HAVE CITY STAFF AND THE ATTORNEY PROPOSE A DRAFT FORM FOR BILLBOARDS '1'0 REVIEW AT THE NEXT PLANNING COMMISSION MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff suggested that any compromise from the sign companies should allow for removal of some existing signs. Tim Keane indicated that the objectives that the Planning Commission and City Council set forth were very clear; there are too many signs and they are too big. He indicated that the sign companies proposal did not address either of these objectives. ,....... At this time, Commissioner Johnson commented on the communication between the City Council and the Planning Commission. Commissioner Johnson indicated she would like to express concern over the use of the local newspaper as a channel of communication. This can cause misunderstandings which can sidetrack our efforts to work together. She indicated that the Planning Commission and City Council need to seek to do the better things in the interest of the citizens whom they serve. They need to keep their eyes focused on their shared mission and their communication processes must be open and direct. e Planning Commission Minutes May 22, 1990 Page 6 e 9. S.!g!LRe.!l:y'~st ilLE.1J<. River Elaza 3rd_~ggltiOl:LJU:r.--D~_audl'LIn~ural!.~e Don Beaudry of Beaudry Insurance explained his request for an addition to the existing freestanding sign for their office building located at 506 Freeport Avenue. He indicated the reason for the request is that customers do not know where the building is located. Commissioner Fuchs indicated he was opposed to the illuminated sign, which is adjacent to a residential area. He stated that he would be in favor of indirect lighting so as to blend in with the neighborhood. This was also the general consensus of the Planning Commission. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE SIGNAGE REQUEST BY BEAUDRY INSURANCE WITH THE STIPULATION THAT THE SIGN BE THE SIZE THAT WAS REQUESTED WITH BLACK. LETTERING ON WHITE BACKGROUND AND A RED EMBLEM WITH THE FOLLOWING STIPULATIONS AS OUTLINED IN STAFF'S MEMO. 1. THAT THE PROPOSED ADDITION BE CONSTRUCTED OF MATERIAL SIMILAR TO THE EXISTING SIGN. 2. NO LIGHTING OF THIS SIGN BEFORE 6:30 A.M. AND AFTER 10:00 P.M. e 3. THE LIGHTING MUST BE DIRECTED AWAY FROM THE RIGHT-OF-WAY AND ADJACENT DWELLINGS. 4. THAT THE FREESTANDING SIGN NOT BE A VISIBILITY PROBLEM FOR TRAFFIC. 5. THE SIGN SHALL HAVE INDIRECT LIGHTING; NO ILLUMINATION FROM THE INTERIOR OF THE SIGN WILL BE ALLOWED. COMMISSIONER EBERLEY MOVED TO SECOND THE MOTION. THE MOTION CARRIED CARRIED 6-0. 10. Zone Change Re.ID.!est from C-2/0ffice Qis:t.rl.~J;&--.C.::...ljCentraJ Busi.nes~ b~e Barsody/P.H. The property owner, Mr. Joe Barsody, indicated he was requesting a zone change from C-2/0ffice District to C-l/Central Commercial. He felt that his building was not an office building, therefore being more suited for the C-l uses. Chairman Kimball opened the public hearing. Chairman Kimball felt C-2 zoning classification would be more appropriate as a buffer between the property to the south, which is C-l, and Lion's Park to the north, and the residential area to the east. Commissioner Johnson was in agreement with Chairman Kimball. e Peter Jirik of 518 Jackson indicated that he would like to see it stay more residential because of the park. He stated that he was concerned with his property values because he had a double lot on Jackson Avenue. Mr. Jirik asked for clarification of the C-l and C-2 zoning. Planning Commission Minutes May 22, 1990 Page 7 e Chairman Kimball reviewed the permitted and conditional uses for the C-1 and C-2 zoning districts. Commissioner Johnson, stated that he felt the Statement of Purpose for C-2 better fits this area. Chairman Kimball reviewed the Statement of Purpose for the C-1 and C-2 zoning. Fulton Bjergun of 510 Jackson Avenue felt the C-2 zoning was more suited for the area. He appreciated what Mr. Barsody had done with the noise problem regarding his trucks. Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ZONE CHANGE REQUEST FROM C-2 TO C-1 REFERRING TO THE STATEMENT OF PURPOSE FOR THE C-2 ZONING WHICH IS MORE COMPATIBL~ WITH THE AREAj THAT THE SURROUNDING PARK AND RESIDENTIAL AREAS ARE SENSITIVE AND NEED TO BE PROTECTED AND RESPECTEDj AND THAT THE GROWTH MANAGEMENT PLAN IDENTIFIED THIS AREA AS A BUFFER ZONE BETWEEN COMMERCIAL AND RESIDENTIAL USES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1 Commissioner Nadeau cast a negative vote. 11. Conditional Use Permit for a Bike Repair Shop by Michael Medin/P.H. e Chairman Kimball opened the public hearing. No one appeared for or against the request, Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY MICHAEL MEDIN TO. OPERATE A HOME OCCUPATION FOR A BICYCLE REPAIR SHOP IN THE R-IC ZONE REFERENCING STAFF'S MEMO AND STAFF"S COMMENTS AS MEASUREMENT AGAINST THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPUALTIONS: 1. HOURS OF OPERATION ARE TO BE AS FOLLOWS: MONDAY THRU FRIDAY 5:00 P.M. TO 7:00 P.M. SATURDAY 8:00 A.M. TO 12:00 NOON SUNDAY CLOSED 2. THE APPLICANT IS TO MAINTAIN 2 OFF STREET PARKING STALLS IN THE DRIVEWAY. 3. ONLY THE RESIDENTS OF THE HOUSE CAN BE INVOLVED IN THE OPERATION OF THE HOME OCCUPATION. 4. THE APPLICANT IS PERMITTED ONE SIGN NOT TO EXCEED 2 SQUARE FEET IN AREA AND SHALL BE MOUNTED FLAT ON THE OUTSIDE WALL OF THE DWELLING. ,~ 5. THE GARAGE SHALL MAINTAIN ONE PARKING STALL FOR THE SOLE USE OF A VEHICLE. e 6. THAT ALL BICYCLES REPAIRED AND ALL SUPPLIES RELATED TO THE BUSINESS BE KEPT IN THE CONFINES OF THE GARAGE. Planning Commission Minutes May 22, 1990 Page 8 e COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Y!!ri!!nc_~eg!lg~~.PJW.r..Q}1 ot StJndrew.l>lP.H2- Larry Toth, representing the Church of St. Andrew, was present to answer any questions and conce~ns the Planning Commission may have. Chairman Kimball opened the public hearing. No one appeared for or against the request, Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REQUEST FOR A 15 FT. VARIANCE FROM THE REQUIRED 30 FT. FRONT YARD SETBACK IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING SCHOOL BASED ON THE FINDINGS OF FACT THAT IT DOES COMPLY WITH THE 5 STANDARDS FOR GRANTING A VARIANCE. COMMISSIONER SCHROEDER SECONDED THE REQUEST. THE MOTION CARRIED 6-0. 13. Conditional Use Permit Request R~hurch of St. Andrew~-P~H. Chairman Kimball opened the public hearing. No one appeared for or against the request. Chairman Kimball closed the public hearing. e COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY THE CHURCH OF ST. ANDREW TO INCREASE THE SIZE OF THE EXISTING SCHOOL, SITING STAFF'S MEMO FOR THE 7 STANDARDS, WITH THE FOLLOWING STIPULATIONS: 1. THAT THE TREES LYING TO THE NORTH OF THE PROPOSED ADDDITION BE TRIMMED TO PROVIDE AN ADEQUATE FIRE LANE 15 FT. IN WIDTH. 2. THAT THE TEMPORARY CLASSROOM WILL BE ALLOWED TO REMAIN UNTIL AUGUST 1992, IT SHALL BE SET BACK 20 FEET FROM THE EXISTING BUILDING. 3. THAT THE PROPOSED CLASSROOM ADDITION TO BE SET BACK 15 FT. FROM THE PROPERTY LINE. COMMISSION FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 14. Ordinance Amendment (Interim Use) ~e City of Elk River/P.~ Chairman Kimball opened the public hearing. No one appeared for or against the request. Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE INTERIM USE ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 15. Qrdina:!lcLAmen<iment. to Al.tQ~enQes in _J)Ll!inflg!LJ'':as~mgpt.~_hy__the __Q.!.lY ~.~ Qf_~J-J<-RJ ve r I_P_J-I-!.- e Chairman Kimball opened the public hearing. There being no comments from the public, Chairman Kimball closed the public hearing. e e ,,- e Planning Commission Minutes May 22, 1990 Page 9 COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE ORDINANCE AMENDMENT AMENDING SECTION 1008.16 (1) OF THE ELK RIVER CODE OF ORDINANCES TITLED, "PROVIDED FOR UTILITIES". COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 16. Ordtnance Amendment To~egy.ire Plattt~for Industrial and Multifamily JJtLi,ldin!t~LIDr__1h~~ltY_Q_L]:lJ~..Jiiy_~xLI.>_~I-I-!_ Chairman Kimball opened the public hearing. There being no comments from the public, Chairman Kimball closed the public hearing. Steve Rohlf, B & Z Administrator, suggested passing this ordinance now as not to miss any commercial or industrial properties being developed in the immediate future. Tim Keane, Ci ty Attorney, suggested creating a mechanism for simplifying the platting procedures. He stated that the principal reasons for requiring platting are all the reasons stated in the subdivision ordinance regulations, section 1008.02 titled, "Purpose". Commissioner Eberley indicated that she would be in favor of the request as long as it can be done without demonstrating any kind of discrimination. Commercial, Industrial and Multifamily properties need to be clearly defined in order to avoid discrimation. Tim Keane suggested modifying the ordinance by adding the word zoned to the commerical, industrial and multifamily properties so as to avoid defini tional questions. Staff and the commission were in agreement to streamline the current ordinance. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT AMENDING SECTION 900.38(1) TITLED, "BUILDING PERMITS" AND ALSO SECTION 1008.04 TITLED "SCOPE AND LEGAL AUTHORITY" WITH STAFF WORKING OUT THE DETAIL. COMMISSIONER NADEAU SECONDED THE M01'ION. THE MOTION CARRIED 6-0. 17. Qrd_lnanc~-Al!len..Q_ment to Co_nsjder Permitted an{i Con~H tional Uses in the .Q.- 2 __!1llJLQ::;J-.ZQl!~l1..J~Y_t11~LQ.i.tY~-EI UiY~l'l~.!.lL. Chairman Kimball opened the public hearing. There being no one for or against the matter, Chairman Kimball closed the public hearing. Staff suggested that none of the conditional uses be moved to permitted uses in the C-3 zoning and that Class I I restaurants , motor vehicle service stations, car washes and specialty service stations be moved to condi tional uses in the C-3 zone. Staff suggested that no changes be made in the C-2 zone. After discussing this issue, the Commission was in agreement. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT AMENDING SECTION 900.12 "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT (C-2 AND C-3 COMMERCIAL ZONES)" CITING STAFF'S RECOMMENDATIONS FOR THE CHANGES IN THE C-3 Planning Commission Minutes May 22, 1990 Page 10 e ZONING DISTRICT. CARRIED 6-0. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION 18. Park Plan Steve Rohlf stated that he was strongly opposed to the softball fields proposed for Hillside Park. He stated staff would like to see the trees remain, as this is a nice scenic area. The Planning Commission was in agreement with staff. He further indicated that he felt there was a major error in the pathway plan of the park plan. Staff stated that they should leave the pathway crossing Highway 169 on Main Street and Jackson Avenue and also have a pathway on School Street where pedestrians will funnel to the school activities. He felt the park plan should provide for sidewalks and bike trails. Commissioner Eberley indicated she would like to encourage working with other entities that are interested in Park and Recreational activities, to create joint ventures or joint cooperative efforts wherever it is appropriate and necessary. She stated that this should be coordinated with Bill Weber's Planning Studies. e Commissioner Johnson stated that she would like the Planning Commission to refer to the Park Plan as they consider development. She indicated a good example is Deerfield 2nd, as it is a vulnerable wetland. The Park Plan refers to Elk River's rural and semi-rural nature. Those are also the words of the Growth Managment Plan. Commissioner Johnson stated that she felt the Planning Commission should keep this plan salient as they do their work. They should keep this plan alive and use it as a living document, and not allow it to sit on the shelf and gather dust as they have with other planning documents. She also stated that she hoped that the City would have the political will to carry out this plan. Staff indicated that additional comments should be submitted in writing. 18.5 Update Commissioner Eberley questioned staff on the Shade Tree Ordinance and Landscape Ordinance. Staff stated that Gary Schmitz is the City's representati ve on the County Shade Tree Board and is working on this item. Mr. Rohlf also indicated that the landscape ordinance would be before the Planning Commission at their June meeting. At this time, Commissioner Fuchs indicated he was resigning as of June 30, 1990. 19. Meetin~ Date For the Focus Area Studies . Staff stated that the Focus Area Study would be held on June 7, 1990, at the Community Education Center starting at 7:00 p.m. 20. Adjournment e ,-.' e ~ e Planning Commission Minutes May 22, 1990 Page 11 There being no further business, COMMISSIONER FUCHS MOVED TO ADJOURN THE 5/22/90 PLANNING COMMISSION MEETING. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting adjourned at approximately 11:55 p.m. Respectfully submitted, Jh~Vha<t.0 Sharon Maue Recording Secretary