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02-20-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 20, 1996 Members Present: Mayor Duitsman, Councilmembers Diefz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Also Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner; Kendra Lindahl, Building and Zoning Assistant; Scott Harlicker, Planning Assistant; Peter Beck, City Attorney Vicki Sullivan, Planning Commission Representative; Dave Anderson, Park and Recreation Commission Representative 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 6:00 p.m. by Mayor Duitsman. 2. Co,~sider Agenda 0 5.6. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 2/20/96 COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.1. 5.2. 5.3. 5.4. o 2/12/96 CITY COUNCIL MINUTES -- APPROVED TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND -- APPROVED RESOLUTION 96-7 APPROVING PREMISES PERMIT RENEWAL FOR ELK RIVER YOUTH HOCKEY ASSOCIATION -- APPROVED ACCEPT HIGH SEALED BIDS FOR THE SALE OF THREE VEHICLES -- APPROVED AUTHORIZE PURCHASE OF ONE-TON CREW CAB FLAT BED TRUCK WITH LIFT GATE FOR STREET DEPARTMENT FROM SAXON MOTORS (CHEVROLET MODEL 3095) AT A PRICE OF $19,778 -- APPROVED CHECK REGISTER -- APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. Community Recreation Board Update - Roger Holm.qren Councilmember Holmgren updated the Council on issues discussed at a recent Community Recreation Board. City Council Minutes February 20, 1996 Page 2 $.7. Presentation of Finance Award Mayor Duitsman presented the Finance Director with a GFOA Certificate of Achievement for excellence in financial reporting for the 1994 fiscal year. Mayor Duifsman indicated that this is the sixth consecutive year that the city has received this achievement. Mayor Duitsman thanked the Finance Director and Finance Department employees for their efforts. Lori Johnson recognized Lori Ziemer, Joan Frick, and Brenda Ebner for their assistance in receiving the award. 5.8. Capital Improvement Proqram Discussion City Planner Steve Ach indicated that as a follow up to the capital improvement meeting on 2/19/96, the Planning Commission has been requested to review the zoning and land use for property located along the southeast Highway 10 corridor. He indicated that this area is currently zoned C-3. Steve Ach indicated that with council direction staff will identify an area for rezoning and land use for the Planning Commission and City Council to consider. COUNClLMEMBER HOLMGREN MOVED TO HAVE THE PLANNING COMMISSION REVIEW THE SOUTHEAST HIGHWAY 10 CORRIDOR FOR REZONING AND TO CONSIDER AN ORDINANCE AMENDMENT TO BETTER DISTINGUISH BETWEEN LIGHT AND MEDIUM INDUSTRIAL USES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. The Plant Place Request for Temporary Greenhouse (Sax Foods) Zoning Assistant Kendra Lindahl indicated that Jim Schroer of Plant Place has made application for a general planning permit to operate a temporary garden center at Sax Foods. A temporary greenhouse will be located in the parking lot of Sax Foods fo sell bedding plants and nursery stock from April 15, 1996, to July 1, 1996. The proposed hours of operation are 9:00 a.m. to 7:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FROM PLANT PLACE FOR A TEMPORARY GARDEN CENTER AT SAX FOODS WITH THE FOLLOWING CONDITIONS: 1. IF TRAFFIC BECOMES A PROBLEM AROUND THE SITE, THE SALES AREA SHOULD BE DELINEATED WITH SOME TYPE OF BARRIER TO RESTRICT TRAFFIC. 2. THE GREENHOUSE MUST BE KEPT IN GOOD CONDITION THROUGHOUT THE TIME IT IS ERECTED. 3. LOCATION OF THE GREENHOUSE WILL BE CONSISTENT WITH THE SITE PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. The City Council recessed at 6:15 p.m. and reconvened at 7:00 p.m. City Council Minutes February 20, 1996 Page 3 6.3. Utilities Commission Update John Dietz updated the Council on the recent Municipal Utilities Commission meeting. He indicated that the commission is working with the insurance company to be certain that all equipment is listed properly. Councilmember Dietz indicated that the Utilities Commission has decided to put underground cable to Waco Street and will consider this as a contribution to economic development in the City of Elk River. Grace Assembly of God Church Request for Administrative Subdivision, Public Hearin.q, Case No. AS 96-1 City Planner Steve Ach indicated that Grace Assembly of God Church is requesting an administrative subdivision to divide approximately 38 acres into two parcels. The property is located at the northwest corner of Tyler Street and County Road 13. Steve Ach indicated that the subdivision has taken on a slightly different configuration from the original proposal with parcel A being 10 acres and Parcel B being about 27 acres. Steve Ach indicated that the recommendation from the Park and Recreation Commission has changed since the Staff Memo has been sent to the Council. Originally the Park Commission recommended acquiring land as part of the subdivision, but at this point the park commission would prefer to wait until the land is further subdivided so as to better define the park; Dave Anderson, Park and Recreation Commission representative, felt that it would be the recommendation of the Park and Recreation Commission to accept cash on this lot split at this time. Mayor Duitsman opened the public hearing. Steve Hartman, 19075 Xavier questioned if there were protected wetlands in the area. Steve Ach indicated that there are some wetlands in the area. Barb Mitchell, 11041 190th Ave NW, questioned why a church is located in a residential area. Steve Ach indicated that churches and schools are allowed in residential areas through a conditional use permit. There being no one for or against the matter, Mayor Duitsman closed the public headng. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY GRACE ASSEMBLY OF GOD CHURCH TO DIVIDE APPROXIMATELY 38 ACRES INTO A 27 ACRE PARCEL AND 13 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. THAT PARK DEDICATION FEES BE PAID. o SURFACE WATER MANAGEMENT IMPACT FEE OF 561.80 BE PAID PRIOR TO RECORDING THE SUBDIVISION. City Council Minutes February 20, 1996 Page 4 6.2. 6.2a. AN ADDITIONAL 7 FEET OF RIGHT-OF-WAY ALONG THE WEST SIDE OF TYLER STREET BE GRANTED TO THE CITY TO ACCOMMODATE FUTURE ROAD IMPROVEMENTS. ALL THE WETLANDS ON SITE BE IDENTIFIED AND ENCUMBERED WITH A DRAINAGE AND UTILITY EASEMENT. ANY DEVELOPMENT OF THE TWO PARCELS TAKE INTO CONSIDERATION POSSIBLE FUTURE ROAD EXTENSIONS OF 190TH AVENUE. A WETLAND JOINT NOTIFICATION FORM BE FILLED OUT AND RETURNED TO THE CITY OF ELK RIVER. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Tom Mesich Request for Conditional Use Permit for Kennel, Public Hear ri.q, Case No. CU 96-33 Planning Assistant Scott Harlicker indicated that Tom Mesich has requested a conditional use permit for a dog kennel at his home located at 11401 205th Ave. NW, Elk River, MN. The Planning Assistant indicated that the planning commission discussed the issue of screening and how to keep the kennel from becoming a commercial kennel. Mayor Duitsman opened the public heating. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR TOM MESICH TO ALLOW A KENNEL AT 11401 205TH AVE NW WITH THE FOLLOWING CONDITIONS: THE APPLICANT SHALL COMPLY WITH SECTION 502.36 AND SECTION 502.38 OF THE ELK RIVER CITY ORDINANCE WHICH REGULATE KENNEL PERMITS AND KENNEL CONDITIONS. NOT TO ALLOW OUTSIDE BOARDING OF DOGS OUTSIDE OF THOSE OWNED BY THE OWNER OF THE HOME. 3. THE KENNEL BE SCREENED USING SOME TYPE OF VEGETATIVE SCREENING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Kennel License for Tom Mesich The City Clerk indicated that Tom Mesich has just received a conditional use permit to allow a kennel at his home (11401 205th Ave NW) and is now requesting Council approval for a kennel license. She indicated that Mr. Mesich currently has five dogs, two of which are house dogs. City Council Minutes February 20, 1996 Page 5 COUNCILMEMBER FARBER MOVED TO GRANT A KENNEL LICENSE TO MR. TOM MESICH AT 11401 20HTH AVE NW. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4. Open Mike No one appeared for this item. 6.4. Rick Lund Request For Preliminary Plat Approval (Nordic Woods) Steve Ach indicated that the applicant has requested that this item be tabled to the March 18, 1996, City Council meeting. 6.5 - 6.10. Mayor Duitsman indicated that he would hear staff concerns on items 6.5 through 6.10 and then open the public hearing on all of these issues at one time. 6.5. City of Elk River Request for Rezoninq from R3 to BP, Public Headn.cl, Cases No. ZC 95-2 Steve Ach indicated that the City of Elk River is requesting to rezone the county fairground property from R-3 (Townhouse/Multi-family Residential) and R-lc (Single Family Residential) to BP (Business Park). He indicated that the property is located at the northeast corner of the intersection of Joplin Street and Orono Parkway. The request is a result of land use plan changes that were made as part of the comprehensive plan update. Councilmember Dietz questioned whether softball would be allowed if the property were rezoned. Steve Ach indicated that parks are not allowed in a business park zone. 6.6. City of Elk River Request for Rezonin.q from RI-C to C-3, Public Hearinq Case No. ZC 95-6 Steve Ach indicated that the City of Elk River is requesting to rezone approximately one acre of property located at the northwest corner of Highway 169 and 193rd Avenue. The original request was to rezone the property from R- lc (Single Family Residential) to C-3 (Highway Commercial), however, the Planning Commission has recommended that the property be rezoned to C-4. The Planning Commission felt that C-4 zone would offer a variety of commercial uses but be less intensive than a C-3 zone. The rezoning is being requested as a result of the land use change to the affected property. 6.7. City of Elk River Request fro Rezonin.q from R4 to R2, Public Hearin.q, Case No. ZC 96-1 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to rezone property located on the east side of Jackson Avenue approximately City Council Minutes February 20, 1996 Page 6 150 feet deep, from School Street south to 5th Street. The request is to rezone the property from R4 (Multi-Family Residential) to R2 (Two Family Residential). The properties are currently residential with one duplex and the remaining properties single family. The Steering Committee recommended that the zoning be changed to R2 to be consistent with the land use designation of medium density residential. 6.8. City of Elk River Request for Rezonin.q from R4 to C2, Public Hearin.q Case No. ZC 96-2 Planning Assistant Scott Hadicker indicated that the City of Elk River has requested a zone change for two properties located at the southwest corner of School Street and Jackson Avenue. The request is to rezone the property from R4 (Multi-Family Residential) to C2 (Office District). Scott Hadicker indicated that the Steering Committee recommended the zone change to make the zoning consistent with the recent change in land use designation to CB. 6.9. City of Elk River Request for Rezoninq from R3 to R1C, Public Hearinq Case No. ZC 96-3 Planning Assistant Scott Hadicker indicated that the City of Elk River has requested to rezone property on the north side of Highland Road approximately 200 feet west of the intersection of Highland Road and Jackson Avenue. The request is to rezone the property from R3 (Townhouse/Multi- Family)to Rlc (Single Family Residential). The rezoning is being considered so that the zoning in this area will be consistent with the land use designation of medium density residential. 6.10. City of Elk River Request for Rezoninq from R3 to C3, Public Hearin.q Case No. ZC 96-4 Planning Assistant Scott Hadicker indicated that the City of Elk River is requesting to rezone property located at the southwest comer of Highway 169 and Main Street. The request is to rezone the property from R3 (Townhouse/Multi-Family) to C3 (Highway Commercial). Scott Harlicker indicated that the Steering Committee recommended that the zoning be changed to C3 to be consistent with recent revisions to the land use map which designated this property as HB (Highway Business). Mayor Duitsman opened the public hearings for items 6.5 through 6.10. Dave Anderson, 14845 County Road 30, spoke to item #6.5. Mr. Anderson indicated that although he was a member of the steering committee that helped make the recommendation to rezone the property at the northeast corner of the intersection of Joplin Street and Orono Parkway to BP, he agrees with Councilmember Dietz in that zoning the property for future park use would be best. He suggested a compromise of rezoning the western portion of the property to business park and have the zoning remain as R-1 c for the remainder of the property. Dave Anderson indicated that this area is currently used as City Council Minutes February 20, 1996 Page 7 6.6. 6.5. parking for the fair and softball fields and will be vital for parking for the Orono Park area. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-1, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R3 (TOWNHOUSE/MULTI-FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) CASE NO. ZC 95-2 BASED ON THE FOLLOWING FINDINGS: THE BP (BUSINESS PARK) ZONING DESIGNATION AND LI (LIGHT INDUSTRIAL) LAND USE DESIGNATION WILL IMPLEMENT THE CONCEPT OF A BUSINESS PARK AS DISCUSSED IN THE 1990 FOCUS AREA STUDY AND ADOPTED BY THE CITY COUNCIL IN SEPTEMBER OF 1990. THE REZONING TO BP (BUSINESS PARK) WILL PROVIDE FOR CONTINUITY IN THE ZONING MAP AS WELL AS PROVIDE COMPATIBLE DEVELOPMENT UNDER THE BP (BUSINESS PARK) ZONING STANDARDS WITH THE ADJACENT LAND USES. INCREASED DEVELOPMENT INTEREST IN THE WESTERN PART OF THE CITY CONSTITUTES A CHANGE OF CIRCUMSTANCES AND CONDITIONS REQUIRING THAT PROPERTIES IN THIS AREA OF THE CITY BE REZONED TO THE APPROPRIATE ZONING DISTRICTS SO THAT DEVELOPMENT WILL BE COMPATIBLE WITH SURROUNDING DEVELOPMENT. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE DESIGNATION OF LI (LIGHT INDUSTRIAL). COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER HOLMGREN OPPOSED. Councilmember Holmgren indicated that he was opposed to the motion because he does not see the area as ever being used for softball expansion. He further indicated that Orono Parkway will be a major traffic mover and feels that the City will be going against its master plan by not zoning the entire area to business park. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-2 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL) CASE NO. ZC 95-6, BASED ON THE FOLLOWING FINDINGS: THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE NEW ZONING DESIGNATION TO ALLOW FOR COMMERCIAL DEVELOPMENT AT THE INTERSECTION OF HIGHWAY 169 AND 193RD. THE REZONING WILL BE CONSISTENT WITH THE RECOMMENDATIONS FROM THE STEERING COMMITTEE TO EXTEND COMMERCIAL DEVELOPMENT NORTH ALONG THE WEST SIDE OF HIGHWAY 169. City Council Minutes February 20, 1996 Page 8 6o7. 6.8. THE REZONING WILL BE A LOGICAL AND CONTINUOUS EXTENSION OF THE EXISTING COMMERCIAL ALONG THE WEST SIDE OF HIGHWAY 169. o THE REZONING TO COMMERCIAL CAN BE SUPPORTED BY THE AVAILABILITY OF WATER AND SEWER TO THE SOUTH AND THE EXISTING TRANSPORTATION SYSTEM. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-3, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R4 (MULTI-FAMILY RESIDENTIAL) TO C2 (OFFICE DISTRICT) - CASE NO. ZC 96- 1, BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE PROPOSED REZONING WILL ALSO SERVE AS A LOGICAL LAND USE TRANSITION BETWEEN THE SINGLE FAMILY RESIDENCES ON IRVING AVENUE AND THE C2 ZONE ON THE WEST SIDE OF JACKSON AVENUE. THE EXISTING HOMES WOULD NOT BECOME NON-CONFORMING USES IN THE PROPOSED R2 ZONE. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-4, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R4 (MULTI-FAMILY RESIDENTIAL) TO C2 (OFFICE DISTRICT) CASE NO. ZC 96-3 BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF CB (CENTRAL BUSINESS). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE PROPERTY TO THE SOUTH IS CURRENTLY ZONED C2 AND THIS WOULD BE A LOGICAL EXTENSION OF THE ZONE. THE EXISTING APARTMENT BUILDING WOULD NOT BECOME A NON- CONFORMING USE IN THE PROPOSED C2 ZONE AND THE NON- CONFORMING USE STATUS OF THE TRUCKING BUSINESS AND STORAGE FACILITY WOULD REMAIN UNCHANGED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes February 20, 1996 Page 9 6.9. 6.10. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-5, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R3 {TOWNHOUSE/MULTI-FAMILY RESIDENTIAL TO RIC (SINGLE FAMILY RESIDENTIAL) CASE NO. ZC 96-3, BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE REMAINDER OF THIS PARCEL IS CURRENTLY ZONED RIC AND THIS WOULD BE A RATIONAL EXTENSION OF THAT ZONE. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-6 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R3 (TOWNHOUSE/MULTI-FAMILY RESIDENTIAL) TO C3 (HIGHWAY COMMERCIAL) CASE NO. ZC 96-4, BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). THE NORTH PART OF THE PROPERTY IS CURRENTLY ZONED C3 AND THIS WOULD BE A LOGICAL EXTENSION OF THE ZONE. THE REZONING WILL NOT HAVE AN ADVERSE IMPACT ON THE ADJACENT PROPERTIES. THE AREA WEST OF THE OLD COUNTY DITCH #10 WILL PROVIDE A NATURAL POINT OF SEPARATION AND COULD SERVE AS A BUFFER BETWEEN THE INTENSE COMMERCIAL USES ALONG HIGHWAY 169 AND THE EXISTING RESIDENCES TO THE WEST. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Other Business The City Administrator indicated that representatives from a business incubator will be present on MOnday to give a presentation fo the Council, HRA and EDA. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MONDAY, MARCH 4, 1996, AT 5:00 P.M. TO DISCUSS BUSINESS INCUBATORS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Staff Updates There were no staff updates. 10. ~djournment City Council Minutes February 20, 1776 Page 10 There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. The meeting of the Elk River was adjourned at 7:40 P.M. Re,~pecffully submitted, ~andra A. Thackeray City Clerk s:Xminutes \co022096.doc