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07-15-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 15:1996 Members Present: Members Absent: Staff Present: Also Present': Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren None Lori Johnson, Assistant City ^dministrator; Sondra Thackeray, City Clerk; Tom Zerwas, Police Chief; Terry Maurer, City Engineer; Kendro Lindahl, Zoning Assistant; Scott Horlicker, Planning Assistant; Dave Sellergren, City Attorney; Steven Ach, City Planner Dana Anderson, Park arid Recreation Commission Chair; Jan Anderson, Planning Commission Representative 2.1. Cai! Meetinq To_Order Pursuant to due call and notice thereof, the meetipg of +.he Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsrnan. Consider Council Aqenda Item 2.1. Consider Motion to Hold a Closed Meeting, was added to the agenda. COUNCILMEMBER SCHEEL MOVKr_D TO HOLD A CLOSED MEETING OF THE CITY COUNCIL PURSUANT TO SECTION 47i .705, SUBDIVISION 1D(d) TO EVALUATE THE PERFORMANCE OF EMPLOYEE LINDA JOHNSON. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JULY 15, 1996, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman recessed The City Council meeting to hold a closed meeting of the City Council. Tine City Council reconvened at 6:15 p.m. COUNCILMEMBER HOLMGREN MOVED TO TERMINATE POLICE DEPARTMENT EMPLOYEE LINDA JOHNSON EFFECTIVE JULY 12, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE POLICE CHIEF TO ADVERTISE FOR LINDA JOHNSON'S POSITION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting July 15, 1996 Page 2 3. Consider Consent Aqenda COUNCILMEMBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.2. 5.3.A. 5.3.B. 5.4, 7.1. 7.2. JULY 8, 1996, CITY COUNCIL MINUTES -- APPROVED EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR ELK RIVER/ZIMMERMAN WOMEN OF TODAY TO BE HELD IN CONJUNCTION WITH LUCKY DUCK DAYS TO RAISE FUNDS FOR THE DARE PROGRAM -- APPROVED RESOLUTION 96-44 APPROVING PREMISE PERMIT RENEWAL FOR ELK RIVER LIONS -- APPROVED PAY ESTIMATE #4 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $338,662 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT -~ APPROVED PAY ESTIMATE #1 TO MID MINNESOTA CONCRETE AND EXCAVATING, INC. FOR WORK COMPLETED ON THE HILLSIDE CROSSING II PUBLIC IMPROVEMENTS IN THE AMOUNT OF $201,622.19 -- APPROVED TEMPORARY BEER LICENSE TO SHERBURNE COUNTY LIONS FOR SALE OF BEER DURING THE SHERBURNE COUNTY FAIR -- APPROVED NORTH SUBURBAN ORTHOPAEDIC SPORTS MEDICINE VARIANCE, CASE NO. V 96-5 -- WITHDRAWN INFORMATION REGARDING THE INSTALLATION OF TRAILS WITHIN SUBDIVISIONS BEING INSTALLED WII'H OTHER IMPROVEMENTS - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5,5. Resolution Providina for the Issuance and Sale of the City's $2,100,000 G.O. !ce Arena Bond Assistant City Administrator Lori Johnson indicated that adoption of the proposed resolution would award the sale of the city's general obligation ice arena bond to the First National Bank of Elk River, the Bank of Elk River, and the State Bank of Rogers. She indicated that it is a 17 year bond with a final maturity in the year 2013 at an interest rate of 5.7 percent. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 9,6-45, A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $2,100,000 GENERAL OBLIGATION ICE ARENA BOND, SERIES 1996C. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Counci!member Scheel opposed. 5.6. Utilities Commission Update Councilmember Dietz, Utilities Commission representative, updated the Council on the recent Utilities Commission meetings. Elk River City Council Meeting July 15, 1996 Page 3 5.7. Community Recreation Board Update Councilmember Holmgren gave an update on the recent Community Recreation Board rneeting. He also updated the Council on summer events that have taken place and the progress of the youth program at Lions Park. 5.8. Update on Code Enforcement Issues Zoning Assistant Kendra Lindahl updated the Council on various code complaints which the city has received. 5.9, Consider Resolution Approvin.q the Plans and Specifications and Ordering the Advertisement for Bids in the Matter of the 171st Avenue/Ulysses Street Improvement of 1996 City Engineer Terry Maurer indicated that plans for upgrading 171 st Avenue and Ulysses Street have been prepared. COUNCILMEMBER FARBER MOVED 1'O APPROVE RESOLUTION 96-46, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MA~ER OF THE 171ST AVENUE/ULYSSES STREEr IMPROVEMENT OF 1996. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Opeg_~Mike Marly Glines c~nd Mum Beck, representatives of the Rivers Edge Downtown Development Corporation indicated that bids have been received for the gazebo. The high bid was $6,945 excluding labor. Mum Beck stated that the Rivers Edge Group is in need of financial help from the city to erect the gazebo. Councilmember Farber indicated his support of the gazebo and stated that he would like the HRA to call a special meeting to review this issue. 7'.3. Mickelson Request for Variance, Public Hearinq Case No. V 96-7 Planning Assistant Scott Harlicker stated that Dave and Joyce Mickelson are requesting a variance to allow a proposed 2.21 acre lot (Lot 2, Block 1 ) in the R-1 a zoning district. He stated that this district requires a minimum lot size of 2.5 acres. r- + .)cot, Hariicker indicated that the Planning Commission reviewed the issue and recommended granting the variance based on the findings listed in the memo to the Mayor and City Council from the Planning Assistant dated July 15, 1996. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the pub!lc hearing. COUNCILMEMBER SCHEEL MOVED TO GRANT A VARIANCE TO DAVE AND JOYCE MiCKEI.SON, 10 ALLOW A 2.21 ACRE LO1' (LO1' 2, BLOCK 1) IN AN R-lA ZONING DISTRICT BASED ON THE FINDINGS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM SCOTT HARLICKER DATED JULY 15, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting Page 4 July 15, 1996 7.4. Mickelson Request for Preliminary and Final Plat A~)proval for North Meadows Third Addition, Public Hearinq Case No. P 96-6 Planning Assistant Scott Harlicker indicated that Dave and Joyce Mickelson are requesting preliminary and final plat approval to subdivide approximately 35 acres into three lots. The property is located at the southwest corner of the intersection of 217th Avenue NW and County Road 32. Scott Harlicker indicated that the Planning Commission recommended approval of the preliminary plat. Mayor Duitsman opened the public headng. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY DAVE AND JOYCE MICKELSON FOR NORTH MEADOWS CORNER, LOCATED AT THE SOUTHWEST CORNER OF 217TH AVENUE AND COUNTY ROAD 32 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF ANY IMPROVEMENTS. COMMENTS AS REQUESTED BY THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE INCORPORATED AS PART OF THE PLAT. ALL OF THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 19, 1996 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY RIGHT-OF WAY BE OBTAINED PRIOR TO COMMENCING WORK. SURFACE WATER MANAGEMENT FEE IN AN AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. ALL WETLANDS ON THE SITE BE DELINEATED AND WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND FILED. DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER THE WETLANDS AND DRAINAGE DITCHES FOUND ON LOT 1 AND LOT 3. o PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE EXISTING BUILDINGS, WHICH DO NOT COMPLY WITH THE S~BACK REQUIREMENTS, BE REMOVED PRIOR TO RECORDING THE PLA'[ WITH SHERBURNE COUNTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting July 15, 1996 Page 5 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-47, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR NORTH MEADOWS CORNER, CASE NO. P 96-6. COUNCILMEMBER HOLMGRI~N .SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Grace Assembly of God Request for Conditional Use Permit, Public Hearinq Case No. CU 96-13 Planning Assistant Scott Harliclcer indicated that Grace Assembly of Goct Ctqurch is requesting a conditional use permit to construct a church, on tl~e west sicle of County Roacl 13, approximately 150 feet southwest of tt'~e intersection of Tyler Street and County Road 13. Mayor Duitsman opened the puDlic hearing. There being no one for or against the matter, Mayor Duitsman closect the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR THE GRACE ASSEMBLY OF GOD CHURCH TO CONSTRUCT A CHURCH ON PROPERTY LOCATED ON THE WEST SIDE OF COUNTY ROAD 13, SOUTHWEST OF THE INTERSECTION OF TYLER STREET AND COUNTY ROAD 13 WITH THE FOLLOWING CONDITIONS: ALL THE COMMENTS CONTAINED IN THE CITY ENGINEER'S LETTER DATED JUNE 19, 1996 BE INCORPORATED INTO THE REVISED SITE PLAN. REV!SE THE SITE PLAN TO SHOW INTERIOR PARKING STALLS WITH DIMENSIONS OF 9' X 20' AND THE ELIMINATION OF THE DEAD END PARKING AISLES IN THE MAIN PARKING LOT. LANDSCAPED ISLANDS SHALL BE INSTALLED AT THE NORTHERN END OF THE TWO INTERIOR PARKING ROWS OF THE MAIN PARKING LOT AND AT THE END OF THE PARKING ROW OF THE PARKING AREA ADJACENT TO THE CANOPY. COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE ADDRESSED ON THE SITE PLAN. A SOUTH BOUND RIGHT TURN LANE INTO THE SITE BE PROVIDED FROM COUNTY ROAD 13. THE LANDSCAPING PLAN BE REVISED SO THAT 38 TREES ARE PROVIDED WITH 19 OVERSTORY TREES, 10 CONIFEROUS TREES AND 10 ORNAMENTAL TREES. o THE ASH AND SPRUCE TREES WHICH ARE PROPOSED IN THE AREA SHOWN AS FUTURE EXPANSION BE RELOCATED TO THE FRONT OF THE CHURCH. o LOCATION AND DETAILS OF THE PARKING LOT LIGHTS BE PROVIDED AND A LIGHT BE INSTALLED AT THE INTERSECTION OF THE CHURCH DRIVEWAY AND COUNTY ROAD 13. Elk River City Council Meeting Page 6 July 15, 1996 9. A 15 FOOT EASEMENT BE PROVIDED ALONG THE FRONIAGE OF COUNTY ROAD 13. 10. '[HE PROPOSED MONUMENT sIGN WILL BE SET BACK 10 FEET FROM THE PROPERTY LINE AND A SIGN PERMIT IS REQUIRED PRIOR TO INSTALLATION. COUNCILMEMBF:R HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7,6, Request by Mississi. s.s_~Di Oaks Develoj:)ment Corporation for Final Plat Approval~ Mississippi Oaks 2nd Addition, Public Hearin.q Case No. P 93-5 City Planner Steve Ach stated that Mississippi Oaks Development Corporation is requesting final plat approval to develop 58 single family lots in Mississippi Oaks 2nd Addition at the location of the southeast corner of the intersection of Fresno Street and 180th Avenue. Steve Ach reviewed staff report on this issue. He spoke or-, the two modifications to the staff report which include the addition of a sidewalk as opposed to the trail and the decrease in the right-of-way size from 70 feet to 60 feet. Mayor Duitsman opened the public hearing. Gordon Moldenhauer indicated that he did not feel that a sidewalk was necessary and that people purchasing the lots would not want a sidewalk along the river. He further indicated that if there were to be a sidewalk that he would prefer it to be on the north side of Riverview Drive. Gordon Moldenhauer questioned the park dedication requirement and the surtace water management fee. He requested the Council to consider eliminating both of these fees due to park dedication that was paid during Mississippi Oaks 1st Addition and work that was done during Mississippi Oaks 1st Addition to accommodate storm water drainage for other plats. Dana Anderson, Park and Recreation Commission representative, indicated that the Park and Recreation Commission would not be in favor of waiving the park dedication fees. There being no fudher comments, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated he was opposed to waMng surface water management fees or park dedication fees. He further indicated that he felt the sidewalk should be on the south side of Riverview Drive to tie into the river. Councilmember Scheel felt that the Moldenhauer's should receive credit for the storm water management fee due to previous assistance and further indicated that people who buy homes along the river may not want to have a sidewalk along the river. Councilmember Scheel further indicated that if it is necessary to collect park dedication fees, fees should be collected when the property is sold. Councilmember Farber questioned the logistics of having the sidewalk on the south side of the street as the street is not a thru street. He further felt that the Elk River City Council Meeting July 15, 1996 sidewalk placed on the south side of the street could deflate prices of lots. indicated he would prefer the sidewalk on the north side of the street. Page '7 Councilmember Holmgren spoke in regard to the cul-de-sac on Riverview' Drive. He indicated he was opposed to having Riverview Drive a cul-de-sac. Councilmember Holmgren further indicated his concern regarding the fact 1hat trails be staked so that people are aware of where the trails wi!l be located when purchasing lots. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-48, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI OAKS 2ND ADDITION, CASE NO. P 93-5, WITH THE STIPULATION THAT THE SIDEWALK BE ON THE NORTi-i SIDE OF THE ROAD AND THAT THE RIGHT-OF-WAY BE REDUCED FROM 70 FEET TO 60 FEET. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Hoimgren and Dietz opposed. Councilmember Dietz indicated he voted in opposition because he would rather see the sidewalk on the south side of the road. Councilmember Holnqgren indicated he voted in opposition due to the long dead end cul-de-sac. Gordon Moldenhauer indicated he did not feel that it was fair that Heritage Landing did not pay park dedication and that the Council 'was requiring park dedication from his pla1. ltv Moldenhauer stated that he was opposed to the sidewalk. 7.7. Preliminary Plat Request for Country Ridqe Partnershjg~P_ublic Hearinq, Case No. P 96-2 City Planner Steve Ach stated that Country Ridge Partnership is requesting preliminary plat approval to subdivide approximately 30 acres into 70 single family lots. The plat is located at the southwest corner of County Road 30 and Joplin Street. Park and Recreation Commission representative Dana Anderson gave an update on the Park and Recreation Commission's recommendation regarding the proposed park for the plat. Mayor Duitsman opened the public hearing. Terry Herman of John Oliver and Associates. cornmented on the proposed access to the trails at the street corners of 179th Avenue and 180-I/2 Avenue. He indicated that it would be his preference to create a trail connection to the park in the middle of the subdivision as it would affect less lots than the corner accesses. Mr. Herman also indicated his concern regarding the developer being responsible for the entire Joplin Street improvement cods. Mike Heinecke, 18038 Macon Street, indicated his concern regarding how the proposed plat affects the future of sewer and water to the area. Elk River City Council Meeting July 15, 1996 Page 8 There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated that the developer should be charged 50 percent of the cost for the upgrade of Joplin due to an error that was made when Heritage Landing was completed. The Council agreed that a trail corridor extending west of the proposed pork would be better than a corridor at each corner. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY COUNTRY RIDGE PARTNERSHIP TO SUBDIVIDE 30 ACRES INTO 70 SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 19, 1996, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT, DEVELOPMENT PLAN AND GRADING PLAN. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF REQUIRED IMPROVEMENTS 1'O SERVE THE DEVEJ.OF'MENT. o A LANDSCA,r"ING PLAN BE PROVIDED TO THE CITY FOR APPROVAL ILLUSTRAT!NG THE LANDSCAPING ALONG COUNTY ROAD NO. 30 AND EACH OF THE FRONT YARD TREES THAT ARE REQLIIRED THROUGHOUT THE DEVELOPMENT. THE FINAL PLAT SHOULD BE PREPARED ILLUSTRATING A RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30. A GRADING PLAN BE SUBMI'FrED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING ANY WORK ON SITE. PRIOR TO ISSUANCE OF BUILDING PERMITS, THE DEVELOPER'S ENGINEER SHALL SUBMIT A LETTER CERTIFYING THE GRADING OF THE SITE HAS BEEN DONE IN ACCORDANCE WITH THE APPROVED GRADING PLAN. A DEVELOPMENT PLAN BE SIJBMITTED ILLUSTRATING TYPES OF HOMES AND LOWEST FLOOR ELEVATIONS BE APPROVED BY TIdE CffY ENGINEER PRIOR TO ISSUANCE OF BUILDING PERMITS. JOPLIN STREET BE UPGRADED TO AN URBAN SECTION FROM COUNTY ROAD NO. 30 TO RIVERVIEW DRIVE AND THE DEVELOPER BE RESPONSIBLE FOR 50 PERCENT OF THE PROJECT COST. A SIX FOOT SIDEWALK BE PROVIDED ALONG THE WEST SIDE OF JOPLIN STREET AS PART OF THE iMPROVEMENTS TO JOPLIN STREET. 10. A STORM WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. Elk River City Council Meeting Page 9 July 15.1996 ] 1. PAYMENT OF SEALCOAIING OF THE STRE~S IN THE AMOUNT AS DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE PLAT. 12. STREET LIGHTS BE PROVIDED THROUGHOIJT THE PLAT AS REQUES'I'ED BY ELK RIVER UTILITIES. THESE STREET LIGHTS SHOULD BE MADE PART OF THE IMPROVEMENTS TO THE PLAT. 13. APPROPRIATE PERMITS FROM SHERBURNE COUNTY SHALL BE OBTAINED FOR ANY WORK TO BE DONE WITHIN COUNTY ROAD NO. 30 RiGHT-OF- WAY. 14. WATER AVAILABILII'Y CHARGE OF $300.00 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. THAT THE PARK ON THE PLAT BE ACCEPTED AS THE PARK DEDICATION REQUIREMENT. 16. A 30 FOOT WIDE TRAIL CORRIDOR BE PROV!DED THROUGH THE MIDDLE OF THE PLAT BEff, WEEN 'iHE PROPOSED PARK AND MACON STREET TO THE WEST. CC.."UNCILMEMBER FARBER .SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed a; 8:i0 p.n:. and reconvened at 8:20 p.m. 7.8, Variance Req.u..est by Darren and Elizabeth Duffv. Public Hearing Case No. V 96-6 Administrative Subdi,,ision Request by Dorren and Elizabeth Duffv.'"tr Jbhc' Hearin,~ Case No. AS 96-2 City Planner Steve Ach indicated that Da~Ten and Elizabeth Duffy are requesting a variance to file minimum lot size requirement in the R-.1 a zoning district. He further indicated .+hat Darren and Elizabeth Duffy are requesting an administrative subdivision to subdivide five acres into ~,'wo separate residential parcels at the nodheast corner of 201st Avenue and Zebulon Street NW. Steve Ach explained that the Duffy's are required to grant ! 7 feet of right-of-way to the county and, therefore, Parcel A will fall slightly below the 2-1/2 acre minimum lot size requirement. Mayor Duitsman opened the public hearing for Items 7.8. and 7.9. There being no one tar or against either matter, Mayor Duitsman closed the public hearing for both issues. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE REQUEST BY DARREN AND ELIZABETH DUFFY TO ALLOW A LOT TO BE CREATED WHICH IS SLIGHTLY LESS THAN THE 2-1/2 ACRE MINIMUM REQUIRED BY CiTY ORDINANCE BASED ON THE FOLLOWING FINDINGS: THE INTENF OF THE RiA MINIMUM LOT SIZE REQUIREMENT OF 2-1/2 ACRES IS NOT DIMINISHED BY GRANTING THE REQUESTED VARIANCE. Elk River City Council Meeting Page 10 July 15, 1996 2. LITERAL APPLICATION OF IHE LOT SIZE REQUIREMENTS WOULD DEPRIVE THE APPLICANT THE OPPORTUNITY FOR SUBDIVISION OF THE PROPERTY. IF THE ADDITIONAL 17 FEET OF RIGHT-OF-WAY ALONG ZEBULON WAS NOT NEEDED, THE MINIMUM LOT SIZE COULD BE ACHIEVED. THE VARIANCE OF .2 ACRES IS THE MINIMUM REQUESTED TO MEEi' THE INTENT OF THE ORDINANCE. THE VARIANCE WILL NOT ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE COMMUNITY AND WILL BE IN KEEPING WITH THE CITY'S PAST ACTIONS ON SIMILAR REQUESTS. COUNC!LMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNC~LMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DARREN AND ELIZABETH DUFFY TO DIVIDE 5.4 ACRES INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS: A GRANT OF EASEMENT DOCUMENT BE PREPARED AND EXECUTED GRANTING At,; ADDITIOI'~AL 17 FEET OF RIGHT OF WAY ALONG ZEBULON STREET. PAYMENT OF PARK D~DICAI'ION IN THE AMOUNT OF $550 FOR THE NEW LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SIJBDIVISION. o PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF .$61.80 FOR THE NEW RESIDENTIAL LOT BEING CREATED. 4. THE VARIANCE TO THE MINIMUM LOT SIZE BE APPROVED FOR PARCEL A COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Conditional Use Permit Request bv Franchise Associates, Inc. (Arbys). Public Heorinq Case No. CU 96-t4 City Planner Steve Ach indicated that Franchise Associates, Inc. is requesting a conditional u:~e permit for site plan review to construct a Class 2 restaurant facility in the Elk Park Center planned unit deve!opment at the location of Lot 5, Block 2, Elk Pork Center. Steve Ach reviewed the staff report on this issue. He indicated that the two outstanding issues relate to the width of the driveway along ihe drive through lone and the signage. Steve Ach stated that staff is concerned that the width of the drive thru lane :'nay not v,,ide enough to allow cars to pass one another. He further indicated staff's concern regarding the fact that the sign proposal is not in conformance with the Elk Park Center planned unit development or city ordinance. Mayor Duitsman opened the public hearing. Elk River City Council Meeting Page 11 July i5. 1996 Scott Mauer from Progressive Architects indicated that they have moved the building as far to the left as possible in order to widen the driveway. He indicated that the driveway has been widened by 8 inches and that the building cannot be moved any further due to utility easements. Mike Lawrence, representing the sign company, indicated that the intent of the ;we signs was for informational purposes only. Councilmembers Holmgren, Farber and Scheel indicated that they supported the proposal with the two signs. Mayor Duitsman and Councilmember Dietz ~ndicated that they felt the developer should be consistent with other developments within the Elk Park Center PUD in relation to signage. There being no further comments, Mayor Duitsman closed the public heating. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY ARBYS TO CONSTRUCT A CLASS 2 RESTAURANT WITH A DRIVE THROUGH LANE WITH THE FOLLOWING CONDITIONS: 1. ALL OF THE COMMENTS OUTLINED IN THE MEMO DATED JUNE 25, 1996, TO THE PLANNING COMMISSION BE INCORPORATED INTO THE REVISED ~ ,.,ET OF PLANS. ALL OF THE COMME?4TS SLATED I1',1 THE CITY ENGINEER'S MEMO DATED JUNE 19, 1996, BE INCORPORATED INTO THE REVISED SET OF PLANS. FOUR SEI'S OF COMPLETE PLANS BE SUBMITTED TO THE BUILDING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. THE LANDSCAPE PLAN BE REVISED TO INCLUDE LANDSCAPING MATERIAL WITHIN THE ISLAND SOUTHWEST OF THE BUILDING. 5. ALL DISTURBED AREAS BE SODDED. ONE OFF-SITE DIRECTIONAL SIGN BE ALLOWED TO IDENTIFY THE ENTRANCE TO ARBYS. THE SIGNS ON THE EAST SIDE OF THE BUILDING BE PERMITTED AS INFORMATIONAL SIGNS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Dietz and Mayor Duitsman opposed. 7.11. Recj.pest by Phoenix Enterprises LLC for a Conditional LIse Permit to Locate a New Horizon Daycare Center in a C3 Zone, Public Hearinq Case No. CU 96-15 Zoning Assistant Kendra Lindahl indicated that Phoenix Enterprises, LLC is requesting a conditional use permit to locate a New Horizon Daycare Center in a C3 zone located at 19280 Evans Street NW, Lot 2, Block 1, Hillside Crossing South. Kendra Lindahl reviewed the staff report on this issue. She indicated that the Eik River City Council Meeting Page 12 July 15, 1996 Planning Commission reviewed the conditional use permit and recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO Ai"~ROVE THE CONDITIONAL USE PERMIT TO ALLOW A DAYCARE CENTER IN A C3 ZONE WiTH THE FOLLOWING CONDITIONS: THE LANDSCAPE SITE PLAN AS SUBMIT[ED BY BI.UMEN,rALS ARCHITECTURE, INC. SHALL BE ADOPTED AND INCLUDED AS PART OF THIS APPLICATION. ONE WALL SIGN WILL BE ALLOWED FOR THE DAYCARE FACILITY. THE APPLICANT MUST RECEIVE A SIGN PERMIT PRIOR TO PLACING ANY SIGNS ON THE PROPERTY.. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmernber Scheel abstained. 7.12. R__e._.q_gest ~_o_r Final Pi_g.aLApprovaJ by Phoenix Enters)rises, LLC,__H.,.illside Estates 6th Addition, Public Hearing_Case No. P 96-3 City Planner Steve Ach indicated thot Phoenix Enterprises is requesting a final plat approval for Hillside Estates 6th Addition at 194 th Avenue alignment and Ba!dwin Street. He explained that Phoenix Enterprises is requesting to subdiviae two acres into four singJe family lots. Marly Glines requested the Council to consider not looping the water downhill. Marly Glines further stated that he does not agree with the diameter of the island. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUllON 96-49, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 6TH ADDITION, CASE NO. P 96-3. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.13. W JO Development Corporation Reauest for Final Plat, Pheasant Run, Public Hearinq Case No. P 96-5 Planning Assistant Scott Harlicker indicated that W JO Developrnent Corporation is requesting final plat approval to subdivide a 40 acre parcel into 14 single family lots. The property is Iocaled on the south side of 209th Avenue NW, just west of the intersection of 209tn Avenue and County Road 13. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Scheel indicated that she had received complaints regarding !he two homes in the plat that do not face County Road 33. Councilmember Dietz discussed the possibility of adequate screening for the two homes not facing County Road :33. Elk River City Council Meeting Page 13 July 15, 1996 Councilmember Dietz discussed iho' Po~¥~'ility of adequate screening for the two homes not facing County Road 33. After discussion regarding this issue it was the consensus of the Council that the landscaping and screening issue would be decided by city staff. 7.14. COUNCILMEMBER DiETZ MOVED TO ADOPT RESOLUTION 96-50, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PHEASANT RUN, CASE NO. P 96-5. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Final Plat__Approval by John Weicht and Associates, In_c_., Rennet .Acidition, Public Hearinq Case No. P 96-4 City Planner Steve Ach indicated that John Weicht and Associates is requesting final plat approval to subdivide approximately 7 acres into one commercial lot and one outlet. The plat is located at the northwest corner of Jarvis Street and U.S. Highway 10. The Council d]scussed the issue of the driveway access off of . JarvJs directly into the customer parking lot. Councilmember Dietz indicated that he would tike to see something in the developers agreement that would allow the city to clase the access to; the customer parking lot off of Jr:ivi.s when necessapF. John Weicht indicated that he concurred with this request.. The Council discussed the necessity of improving Jarvis Str::,~.t. John Weicht. indicated that he would like to see Jc~rvJs Sfreet remain as ,t is until services along that road necessitate the upgrading of the road. He cor'm'nented that .~ furniture store would not create the need for cm upgrade in the ~'oad. ferry Maurer indicated 1hat Jarvis Street is a substandard street and ,?es no'~, feel it is reasonable to construct 1he size of building being proposed on the street without upgrading. Councilmembers Dietz and Farber indicated that Jar/is 3ri'~f should be upgraded up to 156th Street. The Council discussed the timing of upgrading Jarvis Street and who would be responsible for the assessment. Councilmember Holmgren suggested that the developer pay 50 percent for the upgrading of J¢ rvis and that the other 50 percent be borne by the other benefiting properties. The Council discussed whether or not it would bf~. appropriate to put together a feasibility study for this road improvement. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-.51, A RESOLUTION GRANTING FINAL PLAT AP?ROV~ L FOR RENNER ADDITION, CASE NO. P 96--4, WITH THE FOLLOWING AMENDMENTS: THAT THE DEVELOPER WAIVE HIS RIGHTS TO APPEAL PAYING 50 PERCENT OF THE ASSESSMENT FOR THE UPGRADE OF JARVIS STREET. THAT LANGUAGE BE INCLUDED IN THE DEVELOPERS AGR~EMENT ALLOWING THE CITY THE OPTION TO CLOSE JARVIS STREET WHEN NECESSARY. Elk River City Council Meeting Page 14 July 15, 1996 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.15. 7.16. 7.i7. City of Elk River Request for Ordinance Arnendment to Establish New Use Entitled "Anim~tr_ition, and_.Acjricu!tural ReseorcL?, Public Hearinq, Ca.s~ No. aA 96-9 City of Elk River Request for Zone Chanqe from R-la to I-1, Public Hearinq Case No. ZC 96-10 .City of Elk, River' Request for Ordinance Amendina Permitted and Conditiona~ Uses in the I-1 and I-2 Districts and Definition for Li~ht/Heav~z Manufocturin.q, P. ublic H__earin,cj_Case No. aA 96-4 Planning Assistant Scott Harlicker indicated that the City at Elk River is requesting to amend Section 900.08 and 900.12 of the City Code of Ordinances to include a definition for Animal, Nutrition, and Agricultural Research and include it as an conditional use in the R 1-a and A 1 zoning districts. Scott Harlicker indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened tho public hearing. City Attorney Dave Sellergren noted that staff received on 1 ! page letter prior to · the Council meeting from law firm Dorsa! Whitney regarding their position on the issue. He further indicated that the Council has just been handed several documents regarding the issue. Greg Fonloine of Dorsal Whitney iaw firm spoke to the Council regarding Corgill's opposition to Items 7.! 5, 7.16, and 7.17. Mr. Fontaine inOicated his concern that the proposed ordinance amendments would make Cargill a nonconforming use. Mr. Fontaine further indicated tha~. the documents tha~ were submitted to the Council be made part of the record. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ITEMS 7.15, 7.16, AND 7.17. TO THE NEXT COUNCIL MEETING ON JULY 22, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.18. Consider Initiotina Ordinance Amendrnent _b_y_ Rueben Penske City Planner Steve Ach indicated that staff is looking for direction to initiate an ordinance amendment that would allow used car sales in light industrial zoning districts. He indicated that the request is in :elation to Mr. Rueben Penske who would like to locate his used car sale business at the northeast corner of Highway 10 and 165th Avenue. COUNCILMEMBER HOLMGREN MOVED TO CONSIDER INITIATING AN ORDINANCE AMENDMENT THAT WOULD ALLOW USED CAR SALES IN LIGHT INDUSTRIAL ZONING DISTRICTS AND TO DIRECT STAFF TO SCHEDULE A PUBLIC HEARING AND PRESENT THE ISSUE TO THE PLANNING COMMISSION AT ITS NEXT AVAILABLE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Mayor Duitsman abstained. Elk River City Council Meeting July 15, 1996 Page 15 8. Other Business Mayor Dui}sman requested that the issue of the sidewalk for Mississippi Oaks 2nd Addition be referred back to the Council at the July 22 City Council meeting. 9. Staff Updates There were no staff updates. 10. Adlournment There being no further business, COUNClLMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUIqClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the EJk River City Council was adjourned a} 10:45 p.m. Respectfully submiHed, Sandra Thackeray City Clerk