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10.2 SR 03-18-2024City of Elk - River To City Council Meeting Date March 18, 2024 Item Description Yale Street and Yale Court Accessibility Request for Action Item Number 10.2 Prepared By Ryan Sandhoefner, Engineer I Reviewed by: Justin Femrite Cal Portner Tina Allard Action Requested Discuss the potential street connection of Yale Court to Yale Street between 170th and 171 st Ave. Background/Discussion A resident of Yale St inquired about providing access to the existing signal system on 171 st Avenue by connecting Yale Ct to Yale St via a new 350' street segment. This topic was previously explored in 2006 when it was ultimately dismissed due to a lack of support from the community. With this connection being an early scoped phase for the northern segment of the Highway 10 Corridor Study, staff supports revisiting this topic to gauge the support levels of the City Council and the community. Financial Impact N/A Mission/Policy/Goal Attachments I. Pages From Highway 10 Corridor Study 2. City Council Minutes 9-18-2006 The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity INMURfd229 Local roadway connection between Yale Street and 167t" Ave • Access closures on Highway 10 Page 192 of 229 LEGEND - PA 1-s IZEpCpISTNIKTION �— rxwoIlE�o NpcxTlors,rarNL o E rNA�zE R«SE�Nr ,ar i ��RRIDOR�� Planning -level cost: 4 $3.2 million Art Added Note: Cost estimate for this phase involves the entire frontage road. At this time, _ only the connection of Yale Ct to Yale St is being considered so costs would be significantly lower. --T - F Page 193 of 229 MEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 18, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Morin, Farber, and Gumphrey Members Absent. None Staff Present: City Administrator Lori Johnson, Community Development Director Scott Clark, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, Police Chief Jeff Beahen, Environmental Administrator Rebecca Haug, Street Superintendent Phil Hals, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Matthew Westgaard • • 1 0 3 Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. Consider 9/18/2006A eg nda The Council moved Item 3.3. after Item 6.4. Councilmember Motin added Prosecuting Attorney Update to Council Updates. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER. 3.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. REQUEST BY JEFF WARNER FOR PRELIMINARY PLAT (CRANBERRY RIDGE), PUBLIC HEARING -.CASE NO. P 06-15- POSTPONED TO OCTOBER 16, 2006. 3.5. PART TIME RECREATION ASSISTANT PROMOTED TO FULL TIME ADMINISTRATIVE COORDINATOR. 3.6. $24,450 FOR PURCHASE OF 2007 FORD PICKUP AND $21,438.45 FOR PURCHASE OF A BOBCAT. 3.7. EXTEND TEMPORARY BUILDING INSPECTOR POSITION TO DECEMBER 29, 2006. Page 194 of 229 City Council Minutes Page 2 September 18, 2006 MOTION CARRIED 5-0. 4. Open Mike Mr. Hals stated the Street Department has supplied six pieces of equipment to assist the City of Rogers with storm clean-up from a tornado. He asked for direction from Council regarding storm debris pickup for affected areas in Elk River. It was the consensus of the Council that the Street Department pick up debris from residents affected by the storm. Mayor Klinzing stated she drafted a letter to the Mayor of Rogers reiterating that Elk River is open to assist with clean up efforts. The Council concurred with sending the letter. George Anderson, 16783 Yale Street -Submitted a petition from residents of Mississippi Heights requesting Yale Street connect to Yale Court between 170,h and 1715L Avenue. Councilmember Dietz noted that Yale Street would be considered under Item 6.2. later on this agenda. Mayor Klinzing closed Open Mike. 5.1. Pinewood Golf Open Check Presentation to CAER Mayor Klinzing presented a check in the amount of $2,350 to CAER food shelf representative Margaret Longie. The funds were raised at the first annual Mayor and Council Pinewood Golf Open. 5.2. TH 169 Geometric and Environmental Study Update Mr. Maurer introduced Dave Montebello and Mary Karlsson with the SRF Group, who will be completing the TH 169 Geometric and Environmental Study. Mr. Montebello reviewed the project schedule for the Study. He stated a bulk of the time will be done on the scoping work. Mr. Montebello stated the cost of the study is dependent upon whether an EAW or an EIS is needed. Councilmember Farber questioned if the project schedule could be more aggressive. Mr. Montebello stated it could be expedited but depends on the affected businesses along TH 169. He stated the schedule for the environmental component could not be sped up due to public hearing/meeting requirements. Mr. Maurer stated Elk River's cost is based on the city needing to complete an EAW. He stated if it is determined an EIS is required the city can cancel out of the Study at that point but will not get a refund. • • • Page 195 of 229 • • • City Council Minutes September 18, 2006 5.3 Street Disruption Permit for Tackson Street and Main Street Page 3 Mr. Clark reviewed multiple downtown issues regarding street closures and employee parking as outlined in his staff report. Councilmember Dietz questioned why First National Bank is using parking stalls in the city owned King Avenue parking lot when they have parking stalls in their own lot. Mr. Clark stated First National Bank used to own a portion of property in the city -owned parking lot. He stated the bank has given the city an easement in exchange for 23 stalls dedicated to the bank. Wendy Simonson, Kemper Drug -Stated she is opposed to the city closing parking stalls on Jackson Avenue during the busiest time of the year for retail. She suggested charging Flannery Construction a fee for each spot they need and to split those fees between the city and the affected businesses. Fred "McCoy, McCoy's Restaurant -Questioned why the Rivers Edge Park construction project couldn't wait until the Bluff Block project was completed. He suggested the city wait until spring to begin park construction. Mr. McCoy stated the street lights have gone out a few times downtown. He stated when he contacted Elk River Municipal Utilities they refused to come out until a later date. He stated when the lights are out it makes downtown look closed. He further expressed concern for the safety of customers and employees. He stated he would like to see a parking ramp and he is unsure if his business can survive the construction. Mr. McCoy questioned why the parking stalls in front of the park have to be eliminated. Mr. Maertz stated the stalls are being eliminated due to safety concerns with the intersection and vehicles backing up into the intersection. Chief Beahen stated the parking stalls are not legal. Mary VanValkenberg-Stated she is disappointed that the city has a downtown parking issue. She stated the city assured business owners there would be extra parking downtown from day one of construction. Keith Holme-Kemper Drug -Asked each Councilmember to comment on these issues. Mayor Klinzing stated she is concerned about how downtown businesses are being affected by construction. She stated she is unsure how to solve these complex issues. She stated the city can't delay the projects; they need to be completed as soon as possible so as not to affect business owners any longer than necessary. She liked the idea of charging the construction company for any parking stalls that need to be closed. She suggested micro loans or grants for downtown businesses (that could prove hardship). Mayor Klinzing stated she doesn't know why the Rivers Edge Park project couldn't have been moved to a later construction date. Councilmember Farber stated he has been against this project from the beginning. He stated the Council should consider a parking ramp. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A STREET DISRUPTION Page 196 of 229 City Council Minutes September 18, 2006 Page 4 PERMIT FOR THE CLOSURE OF MAIN STREET FROM OCTOBER 2 TO OCTOBER 23 PER THE CONDITIONS OUTLINED IN THE CSS BUILDERS • AND FLANNERY CONSTRUCTION, INC. MEMO DATED SEPTEMBER 12, 2006 AND AS ILLUSTRATED ON THE STREET DISRUPTION MAP DATED SEPTEMBER 14, 2006 WITH THE FOLLOWING CONDITION: 1. NO EXCEPTIONS TO DEADLINE DATE. Motion carried 5-0 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A STREET DISRUPTION PERMIT FOR THE RECONFIGURATION OF JACKSON STREET FROM OCTOBER 30 TO NOVEMBER 27, 2006 PER THE CONDITIONS OUTLINED IN THE MEMO DATED SEPTEMBER 12, 2006 FROM FLANNERY CONSTRUCTION TO THE CITY OF ELK RIVER, AND AS ILLUSTRATED ON THE STREET DISRUPTION MAP DATED SEPTEMBER 14, 2006. Motion carried 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE STAFF PRESENT TO THE CITY COUNCIL IN 45 DAYS A REPORT ON ALTERNATIVE RECOMMENDATIONS FOR EMPLOYEE PARKING ISSUES. Motion carried 5-0. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO DRAFT A MICRO LOAN OR GRANT POLICY FOR OFFERING ASSISTANCE TO DOWNTOWN BUSINESS • OWNERS. Motion carried 5-0. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO DIRECT STAFF TO RESEARCH THE COST FOR DESIGNING AND CONSTRUCTING A PARKING RAMP. Motion carried 5-0. Councilmember Motin expressed concern with the city moving forward on construction of a parking ramp because the city doesn't have the power of eminent domain over Elk River Meats. Mayor Klinzing stated the city is only considering its feasibility at this point. Mr. Maurer stated he has some parking ramp data that was completed prior to downtown construction that he will bring back to Council. 5.4. Presentation Regarding 193rd Avenue Corridor Mr. Maurer reviewed the following: ■ Project history for the 193rd Avenue corridor ■ Two possible alignment options and the pros and cons of each ■ Discussions he had with individual property owners ■ Presented a new option based on input from agencies and property owners • City Council Minutes September 18, 2006 Page 5 Councilmember Gumphrey questioned why a proposed alignment wasn't considered south • of the power lines. Mr. Maurer stated due to new eminent domain laws the city should avoid an alignment cutting through a nursery business that is located in that area. Mayor Klinzing questioned how the SAFETY LU funds would be utilized. Mr. Maurer stated the funds would be used for road construction but could not be used for land acquisition. He discussed other funding options for land acquisition such as a state aid interest free loan or state aid bonds. Craig Howse, 19276 Twin Lakes Road -Stated the road will not provide a benefit to the city. He stated residents will not go north on 193rd Avenue in order to go back south on TH 169. Mr. Howse stated he talked to the Planning Department prior to adding on to his home and was told there would be nothing coming near him for future development. He stated he had a pool design (which would be along the newly proposed road) is going to lose a pasture, and is concerned about water flow toward his property. Gary Weaver, 1943 Auburn Street -Stated he is frustrated that this will be the only east -west road on this side of town. He stated 193rd Avenue is too narrow for making a through street and is concerned about safety. He further expressed concern with allowing commercial development along TH 169 when Mn/DOT will have to come in and pay more to take the land back for intersection developments. O Mayor Klinzing stated the city can't tell property owners what to do with their land near proposed intersections. She stated the city is working on a geometric study for TH 169 which will give them the information they need regarding intersection design so they can plan these areas for the future. She stated the city is initiating this study on their own because Mn/DOT isn't considering them in any future plans. Mayor Khrizing stated 193rd Avenue is not designed to be an east -west corridor but is one route in many that will eventually run east and west on this side of the city. Councilmember Farber stated 193rd Avenue has always been planned as a through street. Councilmember Dietz disagreed with Mayor Klinzing. He stated 193rd Avenue was designed as a collector street. He stated the Council needs to find the money to get more roads completed. He stated the 193rd Avenue alignment needs to be decided upon quickly so property owners aren't held up in any decisions they need to consider. Councilmember Gumphrey concurred with Councilmember Dietz. Marcia Moen, 19227 Tyler Street -Stated the Council needs to act quickly because property owners are living in limbo. Dennis Galvin -Stated he would like this issue resolved as quick as possible so he can move on with decisions he needs to make. He requested the Council eliminate an alignment from two to one. Mayor Klinzing closed the public hearing. • Mayor Klinzing stated the southerly green alignment should be eliminated. Page 198 of 229 City Council Minutes Page 6 September 18, 2006 ----------------------------- The Council concurred. It was the consensus of the Council to pursue following an alignment near the two northerly (green and purple in presentation) options presented by Mr. Maurer. Councilmember Motin stated the options couldn't be eliminated to one until the city is able to determine whether Mr. Galvin wants to stay in his home. He stated the green alignment will not affect any homes but if Mr. Galvin plans on moving anyway the purple alignment may be even better. 6.1 Mr. Maurer stated everyone needs time to absorb the two final options approved tonight before any final decisions are made. Jody Galvin -Stated regardless of the route chosen they will have to move so the city should take the northerly purple alignment. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-109 AUTHORIZING APPRAISALS AND NEGOTIATION AND ORDERING A PUBLIC HEARING FOR THE 193an AVENUE CORRIDOR FROM WOODS AT HILLSIDE ESTATES 4TH ADDITION TO CSAH 13. Motion carried 5-0. • The Council took a 10 minute recess at 8:45 p.m. Request by Bauerly Brothers, Inc. for Conditional Use Permit for Gravel Mining, Public Hearing -Case No. CU 06-20 • Ms. Haug stated the applicant is requesting a conditional use permit to operate a hot mix asphalt plant and trucking operation. She reviewed the conditional use permit agreement. Councilmember Gumphrey questioned how 225th Avenue will be maintained when trucks are pulling out of the plant. Ms. Haug stated water trucks hose down the road and staff is requiring the applicant to pave 100' of their driveway in order to minimize the dirt on the road. Councilmember Dietz questioned how the acceleration lanes for TH 169 would be laid out. Ms. Haug stated they will be determined through the Mn/DOT permitting process. Mayor Klinzing opened the public hearing. Eileen Schultz, 1166 225th Avenue -Stated the intersection at TH 169 and 225,h Avenue is already too congested to handle any additional trucks. She distributed photos of trucks making illegal maneuvers at the intersection because the intersection is not designed for this type of traffic. She suggested the applicant use 2215C Avenue. Councilmember Motin questioned why the applicant didn't consider 221a Avenue. Jeff Lawson, 22715 Baldwin -Stated he is concerned about public safety at 225th Avenue and is 169. He is concerned about who will have to pay for the improvements on TH 169. He Page199 of 229 City Council Minutes Page 7 September 18, 2006 ----------------------------- stated paving 100' of the applicant's driveway will not help with the maintenance of 225ffi • Avenue. John Quade, Bauerly Bros. representative -Stated this site is zoned as a mining overlay. He discussed the acceleration lanes. He stated there is no road to access 221s, Avenue. Steve Fischer, 11049 235th Avenue -Stated concerns with safety at the intersection. He stated trucks stack up at the intersection. He stated the road improvements should be completed prior to giving the applicant the conditional use permit. Todd Erickson (Elk River Police Officer speaking as a resident) -Stated concerns with safety at the intersection. He stated the current deceleration lanes were designed for when TH 169 used to be 55 mph. Bill David, Bauerly Bros. representative -Stated that the median at 2215L Avenue is not large enough for certain sized trucks. Mayor Klinzing closed the public hearing. Councilmember Farber stated safety concerns with this intersection Councilmember Motin stated Section 3 (01) should state, "...25% of asphalt product is derived from the gravel operation conducted on site not later than December 31, 2021." He further stated the following language should be added to Section (10) c., "...prior to the operation of the hot mix asphalt plant." • Councilmember Gumphrey suggested a condition be added to the conditional use permit requiring water trucks to maintain 225th Avenue. Mayor Khrizing added a Section (10) d. stating, "As deemed necessary by the City of Elk River and required improvements to 225th Avenue from the intersection of TH 169 to the entrance of the gravel pit area must be constructed prior to commencement of operation of the hot mix asphalt plant." MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE CONDITIONAL USE PERMIT CU 06-20 WITH THE CHANGES NOTED ABOVE. Motion carried 4-1. Councilmember Farber opposed. 6.2. Request by Scott Powell for Administrative Subdivision., Public Hearing -Case No AS 06-01 Mr. Barnhart stated the applicant is requesting an administrative subdivision to re -subdivide two lots into four lots. He stated staff recommends Yale Street be extended through to connect it between 170th and 1715t Street in order to allow traffic access to a signalized intersection at TH 10. Mayor Klinzing opened the public hearing. Kathy Raivala, 17201 Yale Street -Stated she represents the townhome association and they are opposed to Yale Street being connected due the test driving of cars from the nearby dealership and safety concerns with a nearby daycare. Page 200 of 229 City Council Minutes September 18, 2006 Tom Lucas, 17115 Yale Street -Stated he is opposed to the Yale Street connection. He stated the cul-de-sac is good security for local businesses. Page 8 Gerald Jorgenson, 16831 Yale Street -Stated he is opposed to the Yale Street connection. He stated commercial and residential development should be kept separate. Pam Larson, 17107 Yale Street -Stated opposition to the Yale Street connection. George Anderson, 16783 Yale Street -Stated it makes sense to connect Yale Street. He suggested closing 167th Avenue by Broadway Bar in order to force drivers to use the controlled intersection and to limit test drives in the residential areas. Deanna Baldwin, 17265 Yale Street -Stated opposition to a Yale Street connection but would not object to a walking trail extended through the same location. Steve Rohlf, applicant representative -Stated he is opposed to the following points in the city engineer's memo: #1 If Yale Street is connected it will make one of his lots unusable and he will have to drop the plat. #2 This item can be addressed through the conditional use permit process and he stated if SuperAmerica comes in, they may want access from 171s, Avenue. #3 He does not want to put in sewer and water at this point because he may combine lots in the future. He is willing to work with staff on another way to resolve this issue. #4 He would like the option of two at least two cross accesses on the cul-de-sac. Mr. Maurer stated it would depend on the type of the uses that will be on these lots. Mayor Klinzing closed the public hearing. Mayor Klinzing stated she is opposed to the Yale Street connection because it will bring traffic to an unsignalized intersection. Councilmember Motin concurred with Mayor Klinzing but didn't see any issues with Yale Street being connected as a through street. Councilmember Dietz stated he is not opposed to the Yale Street connection. It was the consensus of the Council that staff work with the applicant regarding condition # 3 in the city's engineer's memo. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-110 GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI RIDGE 2ND ADDITION, CASE NO. AS 06-01 WITH THE FOLLOWING CONDITIONS: 1. CROSS ACCESS EASEMENTS SHALL BE PREPARED FOR ANY LOTS IN • • A REMAINING CUL DE SAC. • Page 201 of 229 • • City Council Minutes Page 9 September 18, 2006 ----------------------------- 2. THIS FINAL PLAT APPROVAL SHALL EXPIRE ONE YEAR FROM THE DATE OF THIS RESOLUTION IF THE FINAL PLAT IS NOT RECORDED WITHIN THAT TIME. 3. ALL COMMENTS OF THE CITY ENGINEER IN A MEMO DATED SEPTEMEBR 6, 2006 EXCEPT #1 BE ADDRESSED Motion carried 4-1. Councilmember Dietz opposed. 6.3. Request by KKE Architects for Conditional Use Permit for Elk River Library, Public Hearing -Case No. CU 06-23 Mr. Leeseberg stated the Elk River Public Library is requesting a conditional use permit to construct a new Library facility. He reviewed the building design, signage, lighting, and landscaping. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 06-23 WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. ALL BUILDING MATERIALS SHALL BE SIMILAR IN STYLE AND TYPE TO THOSE SHOWN ON THE DRAWING DATED JULY 20, 2006. 4. ALL LANDSCAPING SHALL BE INSTALLED AS SHOWN ON THE DRAWING DATED JULY 20, 2006. 5. ALL SITE PLAN AMENITIES SHALL BE AS SHOWN ON THE DRAWING DATED JULY 20, 2006. 6. ALL SITE LIGHTING SHALL MEET CITY ORDINANCE REQUIREMENTS. 7. SIGNAGE SHALL BE AS SHOWN ON THE ELEVATIONS DATED JULY 20, 2006. 8. MONUMENT SIGNAGE SHALL NOT BE TALLER THAN THE MONUMENT SIGN FOR THE CITY HALL/PUBLIC SAFETY CAMPUS (NOT TO EXCEED 20-FEET) AND SHALL BE LOCATED ON EITHER SIDE OF THE ENTRANCE DRIVE. 9. SIGN PERMITS SHALL BE OBTAINED FOR ALL SIGNS. 10. IF A COFFEE SHOP/CAFE GREATER THAN 1,800 SQUARE FEET IS DESIRED OR IN A SIGNIFICANTLY DIFFERENT LOCATION THAN AS SHOWN ON THE SITE PLAN DRAWING DATED JULY 20, 2006, THE Page 202 of 229 City Council Minutes Page 10 September 18, 2006 APPLICANT SHALL APPLY FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT. 11. SUPPORT SERVICES TO THE BUILDING SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 10:00 P.M. Motion carried 5-0. 6.4. Request b, 3�Way Properties for Conditional Use Permit for Outdoor Storage, Public Hearing -Case No. CU 06-24 Mr. Barnhart stated the applicant is requesting a conditional use permit for fenced in outdoor storage. He provided an overview of the project and reviewed parking, landscaping and the Planning Commission's recommendation. Mr. Clark stated it's not realistic to have certain applicants conform to the city's landscaping requirements because the applicant is making minor improvements to his site. He stated staff tried to take a pragmatic approach with a compromise on the landscaping plan. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated the storage equipment should be limited to equipment necessary for the excavating business. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 06-24 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER DATED SEPTEMBER 5, 2006, SHALL BE ADDRESSED. 2. THE FENCE AND OUTDOOR STORAGE AREA PRESERVE THE REQUIRED 30' FRONT YARD SETBACK FROM 161ST AVENUE ROW. 3. THE FENCE AND OUTDOOR STORAGE ARE TO PRESERVE THE REQUIRED 25-FOOT BUFFER (NO TOUCH, NO MOW) AREA ADJACENT TO THE WETLAND. 4. AT MINIMUM, THE FRONT APPROACHES WITHIN THE RIGHT-OF- WAY SHALL BE PAVED WITH EITHER CONCRETE OR ASPHALT. 5. A LANDSCAPING PLAN BE DEVELOPED THAT INCLUDES 5 OVER - STORY TREES IN THE FRONT YARD,15 EVERGREEN TREES, AND IVY ADDED ALONG SIDE THE FENCED AREA. LANDSCAPING PLAN SHALL BE APPROVED BY STAFF. 6. THE PROPERTY SHALL INCLUDE A WELL FOR ON SITE WATER USAGE. 7, • • ONLY EQUIPMENT AND MATERIAL NECESSARY FOR THE • OPERATION OF THE EXCAVATING BUSINESS MAY BE PERMITTED Page203 of 229 City Council Minutes Page 11 September 18, 2006 ----------------------------- TO BE STORED IN THE OUTDOOR STORAGE YARD. NO BOATS, • FOOD TRAILERS, MODULAR HOMES, OR INOPERABLE VEHICLES. 8. A LETTER OF CREDIT IN AN AMOUNT UP TO $50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS. ESTIMATES OF IMPROVEMENTS TO INCLUDE LANDSCAPING, IVY, WETLAND PROTECTION AND SHALL BE APPROVED BY THE CITY ENGINEER. Motin carried 5-0. 3.3. Request by The Home Depot for a General Planning Permit for Outdoor Display. Case No GP 06-11 Mr. Clark introduced Sheila Cartney, newly hired Senior Planner for the City of Elk River. Ms. Cartney stated The Home Depot would like a general planning permit to allow the temporary storage of accessory structures in their parking lot. She noted the applicant is currently out of compliance with some of the conditions in their conditional use permit. John Damas, applicant representative -Stated The Home Depot has outdoor storage displays of its accessory structures though out the country. He stated the storage location would be a permanent display taking approximately 40 parking stalls. Mr. Beck stated if the applicant wants the display area to be permanent he has completed • the incorrect application. He stated the applicant needs to apply for an amendment to their conditional use permit. Mr. Beck stated the general planning permit needs to be withdrawn or denied. 1� u Councilmember Motin stated he didn't think it would be appropriate to have a permanent display of accessory structures in the parking lot. Councilmember Farber stated the applicant should correct the items that are out of compliance with their conditional use permit. Jeff Schneider, Store Manager -Stated they are working on cleaning up the items that are out of compliance. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY GENERAL PLANNING PERMIT, CASE NO. 06-11 BASED ON THE FOLLOWING FINDING: 1. THE APPLICANT INDICATED THE REQUEST IS FOR A PERMANENT DISPLAY; THEREFORE, A CONDITIONAL USE PERMIT IS REQUIRED. 2. THE REQUEST WAS FOR A GENERAL PLANNING PERMIT. Motion carried 5-0. 7. Other Business There was no Other Business. Page 204 of229 City Council Minutes Page 12 September 18, 2006 8. Council Updates Councilmember Motin stated an RFP for legal services has been drafted and will be presented to Council on October 2 for any comments. 9. Staff updates 9.A. Deer Hunt in Parks Mr. Maertz stated that after the Council approved the deer hunt the Parks & Recreation Commission had a chance to review it at their meeting. He stated the Commission recommends postponing the hunt to 2007 due to three issues: educating the public, timing with high school activities, and the permitting process. Councilmember Dietz suggested the Police Department work with the Parks Department to resolve the issues and still have the hunt this year. Councilmember Dietz apologized to the Parks Commission for not sending this issue to them for review first. He stated the general public has commented that they are being discriminated against by not being allowed to hunt in the parks. Chief Beahen stated the DNR has withdrawn from the process because they didn't want to create any conflict within the city. He wasn't sure the issues could be resolved in time for this year. He stated he and the DNR do not support the general public being involved with the hunt due to safety concerns. Chief Beahen stated further concerns with the city's liability and a general public open hunt. He stated they have a screening process in place and limit the hunt to known skilled hunters. He stated they were considering a group like the Handicap Hunters Association. Councilmember Farber stated he disagrees with the Parks Commission recommendation. He stated the City of Fridley has their Police Department thin out the deer herds and donate the meat to local food shelves. Chief Beahen stated it is common in metro area cities for law enforcement officers to thin out the herd with high powered rifles and finish within a few days. Councilmember Gumphrey stated something should be done to control the deer population even if it is to have the officers take care. of it. The Council concurred and recommended donating the meat to an organization. • • Chief Beahen stated he would contact the DNR and work with the Parks Department to try and work out an arrangement for thinning the deer population this year. He apologized for not involving the Parks Department in this process from the beginning. ------------------------------ Ms. Johnson stated the Council needs to discuss the YMCA at a future meeting. Staff will present a schedule and other project information at that time. • Page205 of 229 City Council Minutes September 18, 2006 • 11. Adjournment is • Page 13 There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 11:10 p.m. Minutes prepared by Tina Allard Jo n S hmidt Ci lerk Page, 206 of 229