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09-17-2007 CC MIN• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 17, 2007 Members Present: Mayor I{Jinzing, Councihnembers Farber, Motin, and Zexwas Members Absent: Councilmember Gumphrey Staff Present: City Administrator Lori Johnson, City Attorney Charlie Wilson, Community Development Director Scott Clazk, Chief of Police Jeffrey Beahen, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, Public Works Director Terry Maurer, Pazks and Recreation Director Bill Maem, Director of Economic Development Catherine Mehelich, Assistant Director of Economic Development Heidi Steinmetz, and Recording Secretary Jessica Miller Also Present: Planning Commissioner Ryan Austad HRA Commissioners: Louise Kuester, Jean Lieser, Larry Toth, and Stewart Wilson Library Board Members: John Dietz, Donna Martin, Anne Schroeder, and Kazen Stelk • 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinziug. 2. Consider 9/17/2007 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER 3.2. PAY ESTIMATES 3.3. AUTHORIZATION TO ADVERTISE FOR BIDS FOR HEALTH INSURANCE FOR THE PERIOD BEGINNING JANUARY 1, 2008 MOTION CARRIED 4-0. • City Council Minutes September 17, 2007 Page 2 4. en e • garen Atda, owner 313 Jackson Avenue -indicated that she had a potential tenant withdraw due to the uncertainty of the parking situation. Ms. Attia explained that when they purchased the property there was assigned parking spots for their tenants which have since been taken away. She noted that to the best of her knowledge, all of the other apartments downtown have designated parking spots. Ms. Attia urged the Council to consider allowing her tenants to pazk overnight in the King Avenue pazking lot. 5.1. Check Presentation from C~xeater Minnesota Credit Union Parks and Recreation Director Bill Maertz stated that the Greater Minnesota Credit Union has agreed to sponsor the Rivers Edge Commons Movies in the Pazk series. He stated that as part of that sponsorship, they have agreed to contribute $4,000 towards the purchase of an inflatable movie screen Representatives from the Greater Minnesota Credit Union presented the Mayor with a check in the amount of $4,000.00. Mayor Klinzing thanked the Greater Minnesota Credit Union for their contribution. 5.2. Downtown Parking Study Director of Economic Development Catherine Mehelich provided background information on the downtown parking study. Pursuant to due call and notice thereof, the special meeting of the Elk River Housing and • Redevelopment Authority was called to order at 6:40 p.m. by Chair Wilson. Bill Suma, Parking Specialist/Studies Specialist fox Carl Walker, Inc. reviewed the downtown parking srudy as outlined in Ms PowerPoint presentation. Some of the highlights are as follows: • The existing supply within the study azea is approximately 745 spaces. To operate efficiently a parking system should have an operating cushion of spaces. To accommodate this cushion an effective supply factor is commonly used when comparing supply versus parking demand. The existing effective supply is judged to be about 664 parking spaces, of about 89% of the actual supply. • Occupanry counts were conducted on Wednesday, June 20, 2007, prior to the new permitting system. During the survey period the overall peak occupancy was about 50%. The 50% occupancy level was relatively steady from 9 a.m. to 1 p.m. • It appears that the shorter term parking spaces are being used as intended as the turnover rates ranged from 3.2. to 3.9. • Existing demand for parking spaces, after adjusting fox the large number of constmction personnel currently working in downtown, is estimated at about 330 spaces. Demand is estimated to rise to 460 spaces once the two new developments aze fully occupied. • Parking surplus is currently estimated at 284 parking spaces. This number is estimated to drop to 168 spaces once the two new developments are fully occupied. • City Councl Minutes September 17, 2007 Page 3 • ' Future surplus of spaces will be able to support approximately 15,700 S. F. of additional development, including the city lots north of Highway 10. If the lots north of Highway 10 axe not considered, the surplus will be able to support about 6,500 S.F. of additional development. • The I{ing Avenue parking lot is the best potential site for a parking structure in downtown Elk River. Mr. Suma reviewed the four conceptual designs that were developed. Mx. Surna indicated that construction cost estimates range from $4.6. million to $7.9. million. He noted that the total project cost per added space ranges from $25,500 to $32,200. • Typical annual operating and maintenance costs for a parking structure total about $184 per space. This does not include labor costs for cashiers. • A single city depaztment should be assigned responsibility fox all aspects of the parking system. Mx. Surna suggested that guiding prinaples be developed fox the parking system. • The pedestrian routes from the parking areas to downtown destinations should be enhanced. The lots north of Highway 10 should also be improved to help promote their usage. In conclusion to his presentation, Mx. Suma offered the following recommendations: • Establish Guiding Principles • Improve lots north of Highway 10 • • Intersection improvements Pedestrian paths • Maintain good lighting • Assign single depaztment responsibility • Surface lot solutions first • Accommodate part-time employees Communicate with downtown Stakeholders • Avoid community "peer pressure" • Monitor occupanry and turnover levels • Land bank of School District property • Funding for pazking system Ms. Mehelich reviewed the five items the Council is asked to provide staff direction on as included in her staff report. Mayor Klinzing indicated that due to the complexity of the parking study, the Council would like to receive public comment and allow Mr. Suxna to answer questions tonight and continue the discussion on the study to the woxksession. Chatr Wilson questioned if one day is enough time to observe parking to obtain accurate findings. Mr. Suma explained that it is common practice to conduct the study for one day and that additional days could be added but it is unlikely the outcome would change. He indicated in areas that observation has been fox more than one day, the counts have changed by only one or two percent. • Commissioner Toth questioned if more accurate figures would be obtained by observing the parking for three or five days and taking the average. Mr. Toth noted that Wednesday is the City Counal Minutes September 17, 2007 Page 4 least busy day downtown. Mx. Suma indicated that longer study periods require additional time • and are more costly and again, the figures most likely would remain unchanged. Commissioner Kuestet questioned how downtown redevelopment construction was factored into the study. Mr. Surna indicated that the day parking was observed is simply a snapshot of a typical day. Chair Wilson stated that he would like to see guiding principles developed. Mr. Surna explained that he recommends guiding principles but noted that guidelines take time to develop. Commissioner Liesex indicated that the ramp options shown have included three of four levels. She questioned if a two level ramp could be considered. Mr. Surna stated that the cost per square foot would remain the same but added that the overall result would be less net added spaces. Mayor I{Iinzing questioned if phasing of the project has been discussed. Mr. Suma explained that phasing can be done. He noted that horizontal expansions aze better because vertical expansions tend to be difficult because portions of the ramp need to be closed to construct levels above. Councilmember Motin questioned if the parking ramp would be a deterrent fox customers. He expressed concerns that customers may choose to go where other parking options are available. Mr. Surna explained that studies show that the first choice of customers fot pazking is street space, the second is a surface lot, and the third choice is a pazking ramp. Mx. Surna noted that the downtown businesses need to be competitive in order to draw people • downtown. Councilmember Farber indicated that he doesn't believe the figures are accurate because the study was taken with Jackson blocked one way and Main Street almost completely blocked with construction fencing and traffic. He asked the downtown businesses how much they estimate business to be down during this time. Karen Attia, owner 313 Jackson -estimated business to be down at least 15% during construction. Keith Holme, property owner Kemper Drug -also estimated an approximate 15% reduction in business during construction. Mt. Holme noted that he has high hopes that the redevelopment will have a positive effect on the downtown businesses. Councilmembex Zerwas explained that some of the parking spaces identified as supply are privately owned. He stated that based on his figures, if the privately owned spaces are removed 347 spaces would be left and if the 88 spaces north of Highway 10 axe removed, 259 spaces would be left. Mx. Surna indicated that in order to be fair, if you remove the privately owned spaces the demand for the private spaces must also be removed. Pat Dwyer, The Bank of Elk River -stated that the bank has 89 parking spots for use by their customers and employees during business hours and not fox use by the new developments. Mayor Klinzing indicated that consideration may need to be given to excluding the privately owned pazking spaces From the study due to concerns some business owners have with the • private spaces being included in the study. Mr. Sutra stated that the lots could be removed but he is unsure how that would change the study information. City Council Minutes September 17, 2007 Page 5 • Parkin~Permitr Chief of Police Jeffrey Beahen indicated that he would like Council feedback on the permitting process. Chief Beahen explained that the current round robin permitting process is a very time consuming process for the Police Department and one that has previously angered a pottion of the business community. He explained that the current round of permits axe set to expire and he would like the Council to consider implementing the issuance of yearly employee permits with a nominal yearly fee. He stated that the permits would be issued under the condition that the designated employee lot would be fast come, first served with no guazantee that a permit would ensure a spot in the employee lot. He noted that if an employee arrived and the lot was full, they would be responsible to fmd a spot in one of the outlying locations. Councilmembex Faxbex indicated that he would like to go back to the fast come, first served permitting as it appears to be the fairest manner to permit. Councilmembet Motin questioned if permitting were done on a yearly basis, if new businesses would be requited ro wait to obtain permits if they needed them mid-year. Chief Beahen stated that anyone would be allowed to get permits at anytime throughout the year. Chief Beahen explained that the first come, first served approach is similar to the way permitting was handled before where an unlimited number of permits were issued for employees. He noted that if the parking study is accurate and there is a 50% surplus in parking spots, this process should work very well. Councilmembet Zerwas stated that the previous permitting has been set up in quazters and he • would like to continue permitting in quarters so the process can continue to be evaluated frequently. Mr. Holme indicated that he believes if a nominal fee is attached, fewer permits will be issued and that if permits aze free, employers will take more than they need. Ms. Attia expressed concerns with the current permitting process. She stated that employees who do not have permits pazk in the customer parking and move their car before the time limit expires. She stated that if the permits are free, all employees could have permits and would no longer have to park in customer pazking. Mayor Klinzing noted that the city has no way to control who parks in the customer parking as long as they do not exceed the time limit. Chief Beahen added that employees playing the "time game" is problematic in all communities where pazking restrictions axe enforced. He stated that the ordinance could be changed so that in order to be compliant with parking restrictions, a vehicle would have to be moved at least 500 feet from the previous parking location. He noted that enforcement of this change could be difficult and would require strong observation skills on the part of the Police Department. Councilmember Motin stated that if employers truly desire the prime spats to be fox customers, they should not allow their employees to move their vehicles every two hours. He questioned if the new permitting system could be implemented January 1 to allow fox consistency. Chief Beahen explained that the Council could give special dispensation for current permit holders for the current expiration date to be ignored. Discussion took place on the appropriate fee to charge fox the parking permits. City Council Minutes Septembez 17, 2007 Page 6 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY • COUNCILMEMBER MOTIN TO REVERT BACK TO THE FORMER PERMITTING SYSTEM ISSUING YEARLY PERMITS WITH A NOMINAL YEARLY FEE OF $20 PER PERMIT AND FOR CURRENT PERMIT HOLDERS TO RETAIN THEIR PERMITS WITH NO ADDITIONAL CHARGE FOR THE REMAINDER OF 2007. MOTION CARRIED 4-0. Ov~rnlpbt Parking Mayor Klinzing indicated that the Council has been asked [o consider allowing overnight pazking in the King Avenue parking lot. She stated that as long as when a snow emergency is issued proper notification is given to residents to move their vehicles she doesn't see a problem with allowing overnight pazking in the King Avenue lot. Chief Beahen explained that by state statute, in order for a city of our size to enact a snow emergency we must notify the news and radio stations and provide residents 12 hours notice prior to plowing. He stated that only after proper notice has been given can a vehicle in violation of the snow emergency be towed. Chief Beahen noted that an additional concern with allowing the residential parking back into the King Avenue lot is where to locate the next round of residential pazking for the Jackson and Bluff projects. Councilmembex Zerwas would like to allow overnight parking. He stated that if the Street Department needs to plow around one or two cazs it should not be an issue. He noted that the problem will only arise a couple times a year. He indicated that overnight parking would also • allow intoxicated individuals a place to park their vehicles overnight. Councilmember Fazber concurred and noted that if some residents are allowed to park overnight in the King Avenue lot, then the lot should be opened to overnight pazking for everyone. Councilmember Motin also concurred noting that the hours the two-hoax pazking limit is enforced could be changed to 6 a.m. to 6 p.m. Chief Beahen indicated that it may be an inconvenience fox tenants to move their vehicles that early in order to comply with the pazking restrictions. Councihnembex Zerwas stated that if the residents want to park closer, they would be subject to the same rules as everyone else during the day. Chief Beahen explained that what the Council is requesting is a logistical nightmare fox enforcement and snow plowing. Public Works Director Terry Maurer concurred that overnight parking in the King Avenue lot would make snow plowing very difficult. Mr. Maurer stated that by the time residents aze leaving employees would be arriving so portions of the lot would remain unplowed. He suggested the Council defer this issue until the next workshop to allow staff time to work out a solution. The Council agreed to defer the overnight parking discussion to the October worksession. There being no other business, Chair Wilson adjourned the special HRA meeting. • The special meeting of the Elk River Housing and Redevelopment Authority adjourned at 8:30 p.m. City Council Minutes September 17, 2007 Page 7 • Mayor Klinzing recessed the meeting at 8:30 p.m. Mayor Klinzing reconvened the meeting at 8:34 p.m. 5.3. LMCIT Insurance Renewal Finance Director Tim Simon introduced Mary Eberley, the city's insurance agent. Mary Eberley, First National Insurance Agency stated that the city's polity has remained unchanged fox the most part. Ms. Eberley highlighted a few of the changes as follows: • The city continues to receive a dividend fox pazticipating in the LMCIT program • Builder's Association claim has an impact of approximately $22,000 - $23,000 which will also impact one more renewal period. • The property schedule has added nearly $11 million • The overall increase comes to about 4.6.% with no change in deductible Ms. Eberley also noted that the city once again has an excellent Experience Modification factor of .74. She commended the dty fox being proactive in promoting safety and safety standards through the continued dedication of all city employees and the Safety Committee. Discussion took place on increasing the deductible to $5,000. MOVED BY COUNCLLMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RENEWAL OF THE CITY'S INSURANCE POLICY WITH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST INCREASING THE DEDUCTIBLE TO $5,000. MOTION • CARRIED 4-0. 5.4. Library Porch Addition Parks and Recreation Director Bill Maextz presented his staff report Anne Schroeder, Library Board Chair -thanked the City Council for their consideration of adding the porch back in to the library project. She stated that she believes the porch would 6e a favorite place of library visitors to enjoy their books. Councilxnembex Motin questioned if the porch would have closing windows so the porch could be used during the winter. Jennifer Anderson Tuttle, KKE Architects -indicated that the details of the porch have not been worked out yet but that windows are not included at this point. She.added that the porch could be insulated. Ms. Tuttle explained that in all of the library work that KKE performs, porches ate high on the list of wants but that most librazies cannot afford to include one. Councilmembex Motin indicated he would like the porch to be designed with the possibility of adding windows and enclosing it without having to tear it down. He questioned if the porch location is in the future expansion area for the library. Ms. Tuttle stated that the porch is located in the expansion azea but that other expansion options are available if needed. • MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO INCLUDE A SCREENED PORCH ON THE City Council Minutes September 17, 2007 Page 8 NEW LIBRARY BUILDING USING APPROXIMATELY $75,000 FROM LIBRARY • CONTINGENCY FUNDS. MOTION CARRIED 4-0. 5.5. YMCA Bids Mr. Maertz presented the staff report. Coundlruember Motin questioned if the YMCA is committed to this project if construction costs exceed $12 million. Anita Lancello-Bydlon, VP New Development Metropolitan Minneapolis YMCA -indicated that the YMCA is absolutely committed to this project. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIlV TO AWARD BID CATEGORIES 2A AND 3C OF THE YMCA PROJECT AND TO APPROVE FABRICATION COSTS FOR BID CATEGORIES 3A, 3B, AND 5A AS OUTLINED 1N THE STAFF REPORT. MOTION CARRIED 4-0. 6.1. Planning Manager Jeremy Barnhart presented the staff report. Mayan Klinzing opened the public heating. There being no one to speak on this issue, Mayor KGnzing dosed the public hearing. • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO AFFIRM THE BOARD OF ADJUSTMENT DECISION TO APPROVE THE REQUEST BY DWIGHT AND JANE K[RKEIDE FOR EXPANSION OF ANON-CONFORMING USE, CASE NO. V 07-07 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS AND CONDITIONS OF THE ENVIRONMENTAL ADMINISTRATOR'S MEMO DATED AUGUST 14, 2007, SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE PLAN EXAMINER'S MEMO DATED AUGUST 7, 2007, SHALL BE ADDRESSED. 3. ALL APPLICABLE BUILDING CODES AND PERMITS APPLY. MOTION CARRIED 4-0. 62. Planning Manager Jeremy Barnhart presented his staff report. Mayor Klittzing opened the public hearing. Lori Kinney, 11574 211w Avenue -stated that the noise and dust from the sandblasting • operations are disturbing to hex family. She requested that Stoneworks be required to follow the requirements of their Conditional Use Permit. Ms. Kinney also stated that her son is a City Council Minutes September 17, 2007 Page 9 . former employee of Stonewoxks and when he was employed there he had to show the Fire Department how to stop the muriauc acid during a leak. Patricia Martie, 21149 Highway 169 -believes that residents were misled on the type of business Stoneworks was during original meetings. Ms. Mamie explained that she is not concerned about the hours of operation as long as they do not keep her awake at night. She expressed concerns over the sandblasting and powerwashing that takes place during those hours. She stated that she and hex husband will not be able to sell their home because of the business. Ms. Marne questioned why the owners had to locate the business so close to the residences when Mr. Plaisted owns so much property in the azea. She noted that she would not be opposed to Stonewoxks employees and business associates using the access off of Highway 169 if it was paved. Chris Catron, property owner 11574 211a' Avenue -expressed concerns over the impact the sandblasting and power washing operations are having on his tenants and the other residents in the area. He indicated that if the sandblasting was conducted indoors it would alleviate a majority of the problems. Mx. Catron also expressed concerns over serious health issues that can be caused from sandblasting. Todd Plaisted, 15781 Andrie St NW, Ramsey, of Stonewoxks -stated he understand the concerns regarding sandblasting but that Stonewoxks uses black diamond abrasive fox sandblasting which does not contain silica. He explained that the muriatic acid is used at a ratio of about 200/1 and the leak was caused by an air hose that was left on. He stated that the Fixe Department and the PCA investigated the incident and upon recommendation from both agencies, they have since switched to a stainless steel tank. Mr. Plaisted stated that he has no problem with closing the access off of Highway 169. He indicated that he would like to work with the neighbors to address their concerns. He stated that he and Stonewoxks President Kixt O'Konek have been working on identifying issues of concern. He stated that two main dust factors have been identified and addressed and they will continue to work on addressing other issues. Richard Kinney, 11574 211°h Avenue -questioned why if Stonewoxks has not followed the conditions of their previous CUP, would they be allowed an amendment to that CUP. There being no one else to speak to tMs issue, Mayor Klinzing closed the public hearing. Councilmember Motin indicated that he would like to see the company come back with ideas to address the concerns. He would also like to see the hours reduced on the weekends. Councilmember Fazbex concurred that the hours should be reduced. He stated that Saturday hours should be reduced from 8 a.m. to Noon and eliminated on Sunday. Councilmembex Zerwas concurred that the hours of operation should be reduced. He indicated that he believes a happy medium with the production could be reached. Mx. Barnhart clarified that the original CUP does not prohibit outside work. He stated that Stonewoxks has been allowed to continue their outside opexadon until this issue is resolved. He questioned if the Council concues. Councilmember Motin stated that he does as long as this item is brought back fox Council consideration soon. He also stated that he would like to determine if sandblasting is considered part of production in which case it should be done indoors. Mr. Barnhart stated that this Item will be discussed at the October 15 Counc$ meeting. • City Council Minutes Page 10 September 17, 2007 6.3. Mr. Barnhart presented his staff report. Mayor I{linzing opened the public hearing. John Weicht, property owner -explained that this building has experienced parking problems in the past but he believes many of those problems will be alleviated when Abra moves to their new facility. He noted that he has an easement with Pizza Hut to use 21 of their parking spaces during the day. He stated that as the property owner he could mandate the number of for-sale vehicles the automotive shop would be allowed to have on site. Amy Larson, 279 Carson Street, parmex with AJ's Automotive -explained that they axe not interested in becoming a car dealership but would like to act as a broker for their customers. Ms. Larsoa noted that there will be no signage on the vehicles that are fox sale. There being no one else to speak on this issue, Mayor Klinzing closed the public hearing. Councilmembex Zerwas questioned if an Interim Use Permit would be more appropriate. Mr. Bamhaxt explained that staff is more comfortable with supporting a Conditional Use Pernut in this case. ~ J MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY AJ'S AUTOMOTIVE FOR A CONDITIONAL USE PERMIT FOR AUTO • BROKERAGE, CASE NO. CU 07-24 WITH THE FOLLOWING CONDITIONS: 1. NO PARKING ON THE GREEN SPACE BETWEEN THE PARKING LOT AND HIGHWAY 169 UNLESS THAT LOT IS PAVED WITH ASPHALT OR CONCRETE AND CONCRETE CURB AND GUTTER INSTALLED. 2. NO MORE THAN FIVE (5) VEHICLES MAYBE OFFERED FOR SALE. 3. ALL SIGNAGE SHALL BE CONSISTENT WITH THE SIGN ORDINANCE. 4. NO SIGNAGE ON THE VEHICLES WLLL BE ALLOWED. MOTION CARRIED 4-0. Mayor Klinzing requested that item 6.6 be considered next. 6.6. Request by Thomas and Janet Weishalla (Acorn Woodsl for an Administrative Subdivision Case No. AS 07-OS -Public Hearinw Mr. Barnhart presented the staff report. Mayor K]inzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY THOMAS • AND JANET WEISHALLA FOR AN ADMINISTRATIVE SUBDIVISION (ACORN WOODS), CASE NO. AS 7-05 WITH THE FOLLOWING CONDITIONS: City Council Minutes September 17, 2007 Page 11 • 1. ALL COMMENTS FROM SHERBURNE COUNTY PUBLIC WORKS MEMO DATED SEPTEMBER 12, 2007, AND MAY 24, 2007, SHALL BE ADDRESSED. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. A IS-FOOT TRAIL EASEMENT ALONG THE ENTIRE LENGTH OF PROCTOR AS IT ADJOINS THE SUBJECT PLAT. B. A SHARED DRIVEWAY EASEMENT. 3. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. IN THE FORM OF CASH FOR 1 LOT AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, 2007 RATE IS $3,300.00. 4. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELCTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. MOTION CARRIED 4-0. 6.4. • Planner Chris Leesebexg presented his staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. A change was made to Exhibit A, Section 30-1313 Accessory structure setbacks as follows: 3. Accessory structures not to exceed 20% of the maximum lot coverage e€-tke-pr e MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY PHILIP COLLINS (COLLINS BROS. TOWING) FOR AN ORDINANCE AMENDMENT TO ALLOW ACCESSORY STRUCTURES IN I-2 ZONING DISTRICTS, CASE NO. OA 07-12 AS OUTLINED IN EXHIBIT A WITH THE CHANGE AS NOTED ABOVE AND FOR STAFF TO LOOK AT ACCESSORY STRUCTURES IN OTHER PARTS OF THE ZONING ORDINANCE. MOTION CARRIED 4-D. 6.5. Request by STM Development For Conditional Use Permit for Zexo Lot Line Development (Dollar Txee), Case No. CU 07-27 -Public Hearing Staff report presented by Mr. Leesebexg. Mayor Klinzing opened the public hearing. • Patrick Kotte, 19031 Zane Avenue -stated that he owns the existing dollar store in Elk River. Mr. Korte provided some background information on his business operation and that of the City Councl Minutes Septembez 17, 2007 G.7 Page 12 Dollar Txee. He stated that his business gives back to the community whereas the Dollaz Tree • business does not. He explained that he does not believe Elk River can support two dollar stores and that allowing Dollaz Tree to locate in Elk River is not in the best inteeest of the city. He indicated that he has a petition with over 600 signatures asking the city to not allow Dollaz Tree in Elk River which he will be faxing to Dollar Tree headquaztexs. Russ McGinty, STM Development, representing the applicant -indicated that the location in question has been a difficult space to fill with the restrictions placed by the neighboring businesses. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing Mayor Klin>ing explained that the Council is only being asked to consider the zero lot line which controls the building construction and that they have no control over what type of business fills the space as long as it meets the criteria set for that azea. She noted that Always a Dollar is a great business and she hopes residents continue to patronize the business. Councilmembex Fazber indicated that he is not in favor of zero lot line developments and noted that he believes the addition will not be ascetically appealing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY STM DEVELOPMENT FOR CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT (DOLLAR TREE), CASE NO. CU 07-27. MOTION CARRIED 3- 1. Councilmember Farber opposed. Resolution Approving Final Plat Request by Riverside Companies (Pintail Estates l~r Case • No. P 07-06 Planning Manager Jeremy Bamhazt presented his staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-79 GRANTING FINAL PLAT APPROVAL FOR PINTAIL ESTATES, CASE NO. P 07-06 WITH THE FOLLOWING CONDITIONS: 1. THIS FINAL PLAT APPROVAL SHALL EXPIRE ONE YEAR FROM THE DATE OF THIS RESOLUTION IF THE FINAL PLAT IS NOT RECORDED WITHIN THAT TIME. 2. FUTURE CONSTRUCTION OF PRINCIPLE OR ACCESSORY STRUCTURES ON THE PROPERTIES SHALL REQUIRE REPLATTING OF LOTS. 3. THE FOLLOWING FEES SHALL APPLY: A. WATER AND SANITARY SEWER TRUNK FEES SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. THIS FEE SHALL BEAT THE RATE APPLICABLE AT THE TIME THE FINAL PLAT IS RELEASED. B. A SURFACE WATER MANAGEMENT FEE SHALL BE PAID AT THE TIME THE FINAL PLAY IS RELEASED FOR RECORDING. C. PARK DEDICATION BASED ON FAIR MARKET VALUE OF 10% • OF THE PLATTED PROPERTY. City Council Minutes September 17, 2007 Page 13 • 4. ALL REQUIRED SUBDIVISION/PARg INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 5. COMMENTS FROM COUNTY OUTLINED IN A LETTER DATED AUGUST 14, 2007 SHALL BE ADDRESSED. MOTION CARRIED 4-0. Councilmember Motin indicated that he would like staff to check to see when paving will be completed on Cleveland Avenue. 6.8. Request by City of Elk River for Interim Use Permit fox Tempos Portable Offices. Case No. CU 07-26 -Public Hearine Mr. Bamhaxt presented his staff report. Mayor Klnazing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing dosed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY THE CITY OF ELg RIVER FOR AN INTERIM USE PERMIT FOR TEMPORARY PORTABLE OFFICES, CASE NO. CU 07-26 WITH THE FOLLOWING CONDITIONS: • 1. THE STRUCTURES MEET NECESSARY BUILDING AND FIRE CODES. 2. THE STRUCTURE SHALL BE REMOVED BY DECEMBER 31, 2010, OR AN EXTENSION GRANTED BY THE CITY COUNCIL. MOTION CARRIED 4-0. 8. Other Business There was no other business. 9. Council Updates Councilxnember Motin provided an update on the Northstar Commuter Rail. He stated that timing on the Noxthstax project will not be moved ahead due to the bridge collapse as had been discussed. Mayor I{linzing provided a reminder that the YMCA groundbreaking is Tuesday, September 18, 2007, at 11:30 a.m. 10. Staff Updates There were no staff updates. 11. Adjournment • There being no further business, Mayor I{linzing adjourned the meeting of the Elk River City Council at 10:51 p.m. City Counal Minutes Page 14 September 17, 2007 Minutes prepared by Jessica Mille. • ~~~ Tina Allard City Clerk • •