09-16-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, SEPTEMBER 16, 1996
Members Present:
Members Absent:
Staff Present:
Also present:
Mayor Duitsman, Councilmembers Dietz, Scheel, Holmgren and
Farber (Councilmember Farber left the meeting at 8:45 p.m.)
None
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry
Maurer, City Engineer; Steven Ach, City Planner; Kendra Lindahl,
Zoning Assistant; Scott Harlicker, Planning Assistant; Peter Beck,
City Attorney; Cliff Skogstad, Building Official; Tom Zerwas, Police
Chief; Sergeant Tom Tyler; Jeff Asfahl, Community Recreation
Director.
Vicki Sullivan, Planning Commission Representative and
Dana Anderson, Park and Recreation Commission Representative
Call Meetinq 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.
Consider Council A,aenda
Items 6.7. through 6.9. were moved to the beginning of the number 6. items.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE SEPTEMBER 16, 1996 CITY
COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Consider Consent Aqenda
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS:
3,1.
3.2.
3.3.
3.4.
3.5.a
3.5.b
9/9/96 SPECIAL MEETING CITY COUNCIL MINUTES -- APPROVED
9/11/96 BOARD OF CANVASS MINUTES -- APPROVED
HOMES PLUS, INC. REQUEST FOR CONDITIONAL USE PERMIT, CU 96-21 --
WITHDRAWN
JOHN HITCHCOCK REQUEST FOR PRELIMINARY PLAT APPROVAL (ISLAND
VIEW 4TH ADD.), P 96-10 -- POSTPONED TO 10/21/96
PAY ESTIMATE #3 TO MID MINNESOTA CONCRETE AND EXCAVATING, INC.
IN THE AMOUNT OF 595,251.37 FOR WORK COMPLETED ON THE HILLSIDE
CROSSING II PROJECT -- APPROVED
PAY ESTIMATE #5 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF
$276,943.00 FOR WORK COMPLETED ON THE WASTE WATER TREATMENT
PLANT EXPANSION PROJECT -- APPROVED
City Council Meeting
September 16, 1996
Page 2
3.5.c
3.6.
PAY ESTIMATES #3 AND #4 TO M.A. MORTENSON FOR WORK COMPLETED
ON THE ICE ARENA PROJECT IN THE AMOUNT OF $101,468.00 FOR PAY
ESTIMATE #3 AND $614,886.00 FOR PAY ESTIMATE #4 -- APPROVED
CHECK REGISTER - APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0
4.1. Utilities Commission Update
Councilmember John Dietz provided the Council with an update on issues and
activities that took place during the August and September Utilities Commission
meetings.
4.2. Community Recreation Board Update
Jeff Asfahl, Community Recreation Director, updated the Council on Community
Recreation activities that have taken place during the summer. Jeff Asfahl
informed the Council that skateboarding was discussed at the last Park and
Recreation Commission meeting. He indicated that the Park and Recreation
Commission has suggested that Oak Knoll Park be used as a place for
skateboarders. It was the consensus of the Council to support the use of Oak
Knoll Park for skateboarding.
4.3. Ice Arena Update
Task Force Chair, Jeff Gongoll, acknowledged the contribution made to the Ice
Arena Project by Rogers Plastics Foundation in the amount of $50,000. Cliff
Skogstad updated the Council on the construction of the Ice Arena.
Councilmember Farber discussed setting up an Ice Arena Board. He indicated
that the Task Force should meet to discuss this issue.
4.4. Consider Bids for Library and Utility Office Roof
Cliff Skogstad informed the Council that the city received seven bids for the re-
roofing of the Library and Utility buildings. He requested the Council to consider
accepting the Iow bid from McDowall of $41,719.00 for the Library roof project
and $25,263.00 for the Utility roof project.
COUNCILMEMBER SCHEEL MOVED TO ACCEPT THE BID FROM McDOWALL AT
,~11,719.00 FOR THE LIBRARY ROOFING PROJECT AND $25,263.00 FOR THE UTILITY
BUILDING ROOFING PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
4.5. Ordinance Amendment Relatin.q to Elections
City Clerk, Sandra Thackeray, informed the Council that staff is requesting the
Council to adopt an ordinance amendment which would allow the appointment
of an absentee ballot counting board.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-21, AN
ORDINANCE AMENDING SECTION 300 OF THE CITY OF ELK RIVER CODE OF
ORDINANCES RELATING TO ELECTIONS BY ADDING SECTION 300.02 TITLED
City Council Meeting
September 16, 1996
Page 3
"ABSENTEE BALLOT COUNTING BOARD". COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
4.6. Authorization for Conditional Offer of Employment for Police Department
COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE ELK RIVER POLICE CHIEF TO
MAKE A CONDITIONAL OFFER OF EMPLOYMENT TO THE TOP TWO CANDIDATES,
MICHAEL SUCHY AND ROBERT ZARRETT, CONTINGENT ON THEM SUCCESSFULLY
PASSING THE BACKGROUND CHECK, PSYCHOLOGICAL EVALUATION AND
PHYSICAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Police Chief, Tom Zerwas, indicated that funding for these positions will be from
the Clinton Crime Bill and Minnesota Cops Fast Grant.
4.7. Ordinance Amendment Pertaininq to Licensinq of Pawnshops
City Clerk, Sandra Thackeray, indicated that on March ] 8, 1996, the City Council
adopted an ordinance establishing a moratorium on pawnshops in the City of Elk
River. She stated that the Council had determined that the city's current
ordinance was inadequate. The City Clerk stated that staff has reviewed the
licensing regulations and procedures for pawnshops. She reviewed some of the
major revisions to the proposed pawnshop ordinance. The Police Chief and
Sergeant Tyler were present to answer questions from the Council.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-22, AN ORDINANCE
OF THE CITY OF ELK RIVER, MINNESOTA, AMENDING CHAPTER 7 OF THE CITY CODE
LICENSING OF RELATED BUSINESS AND ACTIVITIES BY REPEALING SECTION 724
PAWNBROKERS AND ENACTING A NEW SECTION 724 IN LIEU THEREOF RELATING TO
THE SAME SUBJECT ENTITLED "PAWNBROKERS". COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-83, A RESOLUTION
APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 96-
22 REPEALING SECTION 724 OF THE CITY CODE PAWNSHOPS AND ENACTING A NEW
SECTION 724 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED
"PAWNBROKERS". COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5.0.
COUNCILMEMBER FARBER MOVED TO TERMINATE THE MORATORIUM (ORDINANCE
96-14) ON THE ESTABLISHMENT OF PAWNSHOPS AND THE LICENSING OF
PAWNBROKERS WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.8. Effect of Comprehensive Plan on Huntinq Zone
The Police Chief explained that as a result of the Comprehensive Plan, the
southeast portion of the city has been rezoned to R 1 e. He indicated that the R le
zone does not allow hunting. The Police Chief explained that he has received
several calls from property owners in the southeastern portion of the city
indicating that they wish to continue hunting on their land. The Police Chief
indicated that the city is trying to accommodate the land owners whose land
has been rezoned to "no hunting" areas in order to allow those living on large
City Council Meeting
September 16, 1996
Page 4
portions of land to be able to hunt. The Police Chief suggested that the hunters
who have been affected by the rezoning contact the Police Chief to receive
permission to hunt on their property.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO GIVE
PERMISSION AT HIS DISCRETION TO THOSE RESIDENTS REQUESTING TO HUNT IN Rle
ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
5. Open Mike
No one appeared for this item.
6.7.6.8. 6.9.
Rezoninq, Preliminary Plat and Conditional Use Permit by Derrick
Investment Co., Public Hearinq Case No. ZC 96-14, P 96-9 and CU 96-19
City Planner, Steve Ach, indicated that the Council is asked to consider:
A. Rezoning of approximately 15 acres from R lc (Single Family) to PUD
(Planned Unit Development).
B. Preliminary Plat Request to subdivide approximately 17 acres into 6
single family lots and 15 townhouse lots.
C. Conditional Use Permit Request for site plan review of a proposed 60
unit Senior Townhouse project as a Planned Unit Development. The
location for the proposals is the northwest corner of Highland Road
and Jackson Avenue.
Steve Ach indicated that based on previous meetings with the City Council and
neighborhood residents, the developer has revised the plans to address the issues
that have been brought up at those meetings. Steve Ach reviewed the revised
plans with the Council. Roger Derrick, developer, also reviewed the revised plans
with the City Council. Mr. Derrick indicated that due to the revisions made to the
plat, he would be forfeiting 4 lots. Mr. Derrick requested the City Council waive
park dedication fees for the forfeiture of the four lots shown in previous plans.
Mayor Duitsman opened the public hearing.
Ted Hite, 11829 Highland, indicated that he liked the revised plan and thanked
those involved including the City Council, Planning Commission, and developer
for their' effort in working with the residents.
Ellie Kretsch, 11865 193rd Avenue, also indicated that she appreciates the efforts
of the Mayor, staff and City Council in working with the residents on this issue.
Betty Belanger, 21531 Elk Lake Road, requested that the Council not waive park
dedication fees.
Jerry $chmidt, indicated that he was in favor of the proposal, however, he would
like to see the style and size of the single family homes protected by a convenant
placed on the property.
City Council Meeting
September 16, 1996
Page 5
There being no further comments, Mayor Duitsman closed the public hearing.
Mayor Duitsman indicated his support of the project, but stated that he would
not vote for waiving the park dedication fee.
Councilmember Farber indicated that he agrees that the park dedication should
not be waived.
Councilmember Scheel questioned how to ensure that the housing units would
remain Senior Citizen housing units when sold.
Staff indicated that the Planned Unit Development Agreement could include
language consistent with the developers request to develop the site as senior
housing.
Councilmember Dietz questioned the necessity of the sidewalk along Highland
due to the fact that it does not lead anywhere.
Dana Anderson, Park and Recreation Commission Representative, indicated that
the Park and Recreation Commission feels that due to the pedestrian traffic flow
along Highland, a sidewalk is necessary. Dana Anderson further commented that
the Park and Recreation Commission is not in favor of waiving the Park
Dedication Fees.
The Council discussed the need for the sidewalk proposed along Highland
Avenue. It was a concern of the Council that a sidewalk would not be effective
at this time and could possibly be put in at a later date when improvement work
is done along Highland that could include a sidewalk project.
Councilmember Dietz indicated that if the City does not include the sidewalk in
the plat at this time, that it may be assessed to property owners when put in at a
later date. Councilmember Dietz further indicated that he is not in favor of
waiving the park dedication fee for the plat. He indicated that the City must be
fair and consistent, and further stated that the City has not waived park
dedication fees for other developers. Councilmember Dietz further stated that
he is not in favor of taking land in lieu of park dedication at this time because of
the park land available immediately to the west.
Roger Derrick stated that he did not feel it was fair for the Council to request him
to make all of the changes to the proposal with no consideration of eliminating
the park dedication fees. He indicated that if the Council mandated that park
dedication be paid, he would rather dedicate park land than pay cash.
Following discussion of the issue with the Council and assuming that the Council
would vote for the project without waiving the park dedication fee, Mr. Derrick
withdrew his proposal.
Councilmember Scheel indicated that the City charges too many fees to the
developers. She indicated that staff does not discuss the financial burden to the
developer and to the landowner during its review of developments.
City Council Meeting
September 16, 1996
Page 6
Councilmember Farber indicated that all of the neighbors were in favor of the
proposed plan. He stated that he feels that the Council should consider taking
land in lieu of cash for park dedication.
COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE
UNTIL OCTOBER 7, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Councilmember Farber left at 8:45 p.m.
6.1,
6.2.
6.3.
Matt Smith Request for Administrative Subdivision, Public Hearinq Case No. AS 96-3
Matt Smith Request for Variance, Public Hearinq Case No. V 96-10
Matt Smith Request for Conditional Use Permit, Public Hearinq Case No. CU 96-20
Planning Assistant Scott Harlicker indicated that Matt Smith is requesting an
administrative subdivision to subdivide one parcel into two lots. The Planning
Assistant stated that the applicant is also requesting a variance to allow a 5,903
square foot lot in the R3 zoning district which has a minimum lot size of 6,000
square feet. The applicant is also requesting a conditional use permit for a zero
lot line development. The affected property is located north of Railroad Drive
between Freeport and Evans Street alignments, Lot 1, Block 18, Village of Elk River.
Scott Harlicker gave the staff report on these three items. He indicated that the
Planning Commission recommended approval of the variance and conditional
use permit and that the Park and Recreation Commission recommended a cash
dedication for the new lot being created.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MATT SMITH TO SUBDIVIDE ONE PARCEL INTO TWO LOTS WITH THE
FOLLOWING CONDITIONS:
AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE THE PROPERTY
INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE
ISSUANCE OF THE CONDITIONAL USE PERMIT.
PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE
PLAN.
3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER SCHEEL MOVED TO GRANT A VARIANCE TO MATT SMITH TO
ALLOW A 5,903 SQUARE FOOT LOT IN THE R3 ZONE WHICH HAS A MINIMUM LOT SIZE
OF 6,000 SQUARE FEET BASED ON THE FOLLOWING FINDINGS:
THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE
HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE
PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY
LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD.
City Council Meeting
September 16, 1996
Page 7
THERE ARE SPECIAL CONDITIONS, THE SHAPE OF THE PARENT LOT, WHICH IS
PECULIAR TO THIS PROPERTY.
LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT OF
PROPERTY RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD.
OWNERS OF SIMILARLY SIZED LOTS IN THIS NEIGHBORHOOD WOULD BE ABLE
TO DO WHAT THE APPLICANT IS PROPOSING.
THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A
CONSEQUENCE OF THE APPLICANT'S ACTION. THE SHAPE OF THE ORIGINAL
PARCEL IS BEYOND THE APPLICANT'S CONTROL.
THE GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS TO OR
ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS. THE
GRANTING OF A VARIANCE FOR RELIEF OF 97 SQUARE FEET WOULD NOT BE
INJURIOUS TO THE RESIDENTS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY MAI'r SMITH FOR A ZERO LOT LINE DEVELOPMENT WITH THE
FOLLOWING CONDITIONS:
1. AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE IHE PROPERTY
INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE
ISSUANCE OF THE CONDITIONAL USE PERMIT.
2. PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE
PLAN.
3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.4.
Conditional Use Permit Request by Central Lutheran Church, Public Hearinq Case
No. CU 96-22
City Planner Steve Ach indicated that Central Lutheran Church is requesting a
conditional use permit to expand their parking lot facility at the existing church
along School Street and Lions Park Drive. Steve Ach reviewed staff report on this
issue.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
Councilmember Scheel indicated her concern regarding the need to acquire an
easement from the church. Steve Ach stated that the easement is needed for
snow removal and possible utility purposes. Steve Ach informed the Council that
there has been a verbal agreement between the church and the city regarding
the city's use of the church parking lot for overflow parking and the church's use
City Council Meeting
September 16, 1996
Page 8
of the city parking lot for overflow parking. He indicated that it was the desire of
the church to solidify this verbal agreement in writing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR
CENTRAL LUTHERAN CHURCH TO EXPAND THEIR PARKING LOT FACILITY WITH THE
FOLLOWING CONDITIONS:
THE CHURCH GRANT TO THE CITY A 14 FOOT EASEMENT ALONG THE WEST
SIDE OF LIONS' PARK DRIVE FOR DRAINAGE, UTILITY AND SNOW STORAGE
PURPOSES.
LANDSCAPING BE PROVIDED WITHIN THAT AREA BEING IMPROVED AT THIS
TIME IN ACCORDANCE WITH THE CITY'S PERFORMANCE STANDARDS.
ALL AREAS DISTURBED BE PROPERLY SODDED OR SEEDED, WHICHEVER IS
NEEDED TO PREVENT EROSION FROM OCCURRING.
THE PROPOSED ACCESS ONTO LIONS' PARK DRIVE SHOULD HAVE THE CURB
AND GUI'rER TERMINATED AT THE CHURCH'S EASTERLY PROPERTY LINE.
PRIOR TO COMMENCING ANY WORK ON SITE, THE REVISED PLANS
REFLECTING THE CONDITIONS FOR APPROVAL BE APPROVED BY THE CITY.
PROPER EROSION CONTROL BE INSTALLED PRIOR TO CONSTRUCTION OF THE
PARKING LOT AREA.
LANGUAGE REGARDING THE CROSS PARKING AGREEMENT BETWEEN THE
CHURCH AND THE CITY WILL BE DRAFTED BY THE CITY A1'i'ORNEY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.5.
Request for Administrative Subdivision by River of Life Church, Public Hearing Case
No. AS 96-6
City Planner Steve Ach indicated that the River of Life Church is requesting to
subdivide approximately 53 acres into three separate parcels. The property is
located at the southeast corner of 217th Avenue and County Road 1. SCeve Ach
reviewed the staff report on this issue. Discussion was held regarding the poor
condition of 217th Avenue which is currently a gravel road, and the fact that the
road is not wide enough to bring it to an acceptable condition. Steve Ach
indicated that one of the staff recommendations is to have the church dedicate
the appropriate right-of-way in order to bring 217th Avenue to a total of 60 feet of
right-of-way.
Discussion was held regarding Concord Street. Steve Ach indicated that staff is
requesting that a dedicated right-of-way be provided for the continuation of
Concord Street to 217th Avenue. However, construction of Concord Street would
not be required at this time.
Mayor Duitsman opened the public hearing.
Greg Gamroth, 21493 Concord Street, indicated he was opposed to dedicating
right-of-way and improving Concord Street as it will increase the traffic on the
City Council Meeting
September 16, 1996
Page 9
street, it is a large expense to the city, and it would have a severe impact on the
neighborhood.
Tom Thompson, 217th Avenue, indicated he was opposed to seeing 217th Avenue
improved in any way. However, he would like to see the road maintained.
Denise Gamroth, 21493 Concord Street, indicated she was opposed to extending
Concord Street as the neighborhood is a quiet one and she does not want to see
it disturbed. She further indicated that 217~h Avenue could be the access to the
two lots.
Craig Howse, 19276 Twin Lakes Road, indicated he is interested in purchasing one
of the lots and stated that he was opposed to the extension of Concord Street
and would like to see the area remain 10 acre lot size.
Mike Shank, 20737 Quincy Street, indicated that he is a member of the church
and stated that the majority of the people in the church do not want to see
Concord Street extended at this time.
Betty Belanger, 21531 Elk Lake Road, stated she does not want to see a church
next to her and that she prefers to see the property remain agricultural.
Chuck Salonek, 12740 217th Avenue, stated that he would like to see a church
next to him and further indicated that he does not want to see 217~h Avenue
improved, but rather maintained.
Gene Thompson indicated that 217ih Avenue could use more grading.
There being no further comments, Mayor Duitsman closed the public hearing.
Councilmember Scheel stated she saw no reason for an easement off of
Concord Street.
Councilmember Holmgren indicated his concern regarding acquiring the
appropriate right-of-way on 217th Avenue to accomplish a 60 foot roadway.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
FOR RIVER OF LIFE CHURCH TO SUBDIVIDE APPROXIMATELY 53 ACRES INTO THREE
SEPARATE PARCELS WITH THE FOLLOWING CONDITIONS:
PARK DEDICATION IN THE AMOUNT OF $550 PER LOT BE PAID PRIOR TO
RECORDING THE SUBDIVISION WITH THE COUNTY.
PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80
PER LOT BE PAID PRIOR TO RECORDING THE PLAT WITH THE COUNTY.
ANY FUTURE DEVELOPMENT OF LOT 1, BLOCK 1, BE REQUIRED TO HAVE ITS
ACCESS TO THE PROPERTY OFF OF 217TH.
THAT THE APPROPRIATE AMOUNT OF RIGHT-OF-WAY BE DEDICATED ALONG
217TM AVENUE TO ACHIEVE A 60 FOOT RIGHT-OF-WAY.
City Council Meeting
September 16, 1996
Page 10
THAT THE CITY COUNCIL DOES NOT DESIRE TO REQUIRE RIGHT-OF-WAY FOR
THE EXTENSION OF CONCORD STREET AT THIS TIME.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The Council recessed at 8:35 p.m. and reconvened at 8:38 p.m.
6.6.
Administrative Subdivision Request by Brent and Janet Cotton, Public Hearinq
Case No. As 96-7
Planning Assistant Scott Harlicker indicated that Brent and Janet Cotton are
requesting an administrative subdivision to subdivide 9.8 acres into a 2.62 acre
parcel and a 7.36 acre parcel. The property is located east of Tyler Street and
north of Twin Lakes Road. Scott Harlicker reviewed staff report on this issue.
Mayor Duitsman opened the public hearing.
Craig Howse, 19276 Twin Lakes Road, questioned the distance that a house could
be built from the lot line.
Marsha Moeller, 19227 Tyler Street, questioned the distance that a dwelling could
be built from the side property line.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE
SUBDIVISION REQUEST BY BRENT AND JANET coTroN TO SUBDIVIDE A 9.98 ACRE
PARCEL INTO TWO RESIDENTIAL LOTS WITH THE FOLLOWING CONDITIONS:
A GRANT OF EASEMENT BE PREPARED AND EXECUTED GRANTING AN
ADDITIONAL 7 FEET OF RIGHT-OF-WAY ALONG TYLER STREET. THE
ADDITIONAL 7 FEET SHALL APPLY TO BOTH PARCELS INCLUDED IN THE
SUBDIVISION
PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $550 FOR THE NEW
LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE
SUBDIVISION.
PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80
FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE
ADMINISTRATIVE SUBDIVISION.
THE EXISTING STRUCTURES AND SETBACKS BE SHOWN ON THE SURVEY OF
THE SUBDIVISION.
o
IF THE NSP TRANSMISSION LINE EASEMENT IS ON THE PROPERTY, IT NEEDS TO
BE SHOWN ON THE SURVEY OF THE SUBDIVISION.
°
FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE SHOWN ON BOTH SIDES OF
ALL EXISTING AND PROPOSED PROPERTY LINES AND A 10 FOOT EASEMENT
ALONG TYLER STREET.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
City Council Meeting
September 16, 1996
Page 11
6.10.
6.11.
6.12.
Drainaqe Easement Vacation for Steven and Carol Scheffler, Public Hearinq Case
No. EV 96-3
Zoning Assistant Kendra Lindahl indicated that Steven and Carol Scheffler are
requesting a drainage easement vacation in Deerfield II addition at 19863 Zane
Street NW. She stated that the applicant is requesting the easement vacation in
order to fill a portion of a Type 6 wetland so that a more suitable yard can be
created.
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 ADOPT RESOLUTION 96-84, A RESOLUTION
FOR VACATING DRAINAGE EASEMENT, CASE NO. EV 96-3. COUNCILMEMBER
SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
City of Elk River Request for Ordinance Amendment Reqardin.q Wild and Scenic:.
River Ordinance, Public Hearinq Case No. OA 96-11
This item was postponed to the October 21, 1996, City Council meeting.
Request by the City of Elk River to Amend the City Code of Ordinances to Allow
Used Car Sales in I-1 Zones, Public Hearinq Case No. OA 96-17
Zoning Assistant Kendra Lindahl indicated that the City Council had requested
the Planning Commission and staff to review a request to amend the zoning
ordinance to allow car sales in the light industrial I-1 zones. Kendra Lindahl
explained that the request is a result of discussions with Mr. Penske who is currently
leasing space in the recycling center building located at the corner of Highway
10 and 165TM Avenue which is currently zoned I-1. Kendra explained that this area
was rezoned from C3, Highway Commercial to I-1 at the request of Mr. Hetland in
1995 in order to allow Mr. Hetland the opportunity to operate a recycling center.
She stated that Mr. Penske is currently conducting an auto broker business out of
the location and is requesting to operate a used car sales business at the
location. She indicated that used car sales are not allowed in the light industrial
zoning district.
Vicki Sullivan, planning commission representative, indicated that the Planning
Commission recommended denial of the request due to the fact that the
Planning Commission would prefer not to see commercial uses in an industrial
area.
Mayor Duitsman opened the public hearing.
Mr. Penske indicated that he had contacted the Planning Commission members
regarding this issue and distributed a handout indicating the response from the
Planning Commission members. All of the members who responded indicated
that their desire was to find a workable solution.
Councilmember $cheel stated that she felt both operations belonged in the
area.
City Council Meeting
September 16, 1996
Page 12
Mayor Duitsman indicated that he would support moving the recycling to a C3
zoning rather than moving the used car sales lot to an I-2 zoning.
Councilmember Holmgren felt that the recycling was possibly put in the wrong
zone and should be moved to C3.
It was the consensus of the City Council to request the Planning Commission to
look at the conditional uses allowed in the C3 zone to determine whether the
recycling center would be appropriate for the C3 zone.
COUNCILMEMBER HOLMGREN MOVED TO INITIATE A ZONING REQUEST FOR C3 AND
LAND USE PLAN CHANGE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE
MOTION CARRIED 3-1. Councilmember Dietz opposed.
6.13.
6.14.
City of Elk River Request for Land Use Plan Amendment, Public Hearinq Case NO.
LU 96-15
City of Elk River Request for Rezoninq, Public Hearinq Case No. ZC 96-15
Planning Assistant Scott Harlicker indicated that the city is initiating a request for a
land use plan amendment and corresponding rezoning of certain properties
located along and adjacent to East Highway 10. He indicated that the land use
amendment includes changing land use designation of certain properties from
Highway Business to Light Industrial, Highway Business to Low Density Residential,
and Low Density Residential to Light Industrial. He further indicated that the
rezoning includes rezoning certain properties from Highway Commercial to Light
Industrial, Highway Commercial to Single Family Residential, and Single Family
Residential to Light Industrial. He stated that the subject properties are located
on the north side of Highway 10 from Cleveland Street alignment to Fillmore Street
alignment and the south side of Highway 10 from Hoover Street alignment to the
Ramsey border. Scott Harlicker indicated that the request is being made to
better manage the spread of strip commercial development along that portion
of Highway 10. Scott Harlicker indicated that both staff and Planning Commission
are in favor of the rezoning and land use amendments based on the findings
listed in the memo from the Planning Assistant to the Mayor and City Council
dated September 16, 1996.
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 ADOPT THE RESOLUTION AMENDING THE
LAND USE PLAN BASED ON THE FOLLOWING FINDINGS:
THE AMENDMENT TO THE LAND USE MAP IS CONSISTENT WITH THE
COMPREHENSIVE PLAN IN THAT:
a)
THE LONG RANGE PLAN FOR INDUSTRIAL DEVELOPMENT CALLS FOR
INDUSTRIAL DEVELOPMENT OPPORTUNITIES IN THE SOUTHEAST SECTOR OF
THE CITY.
b)
THE AREA UNDER CONSIDERATION FOR LIGHT INDUSTRIAL LAND USE
DESIGNATION IS ADJACENT TO OTHER INDUSTRIAL ZONED PROPERTY
AND/OR HAS ACCESS TO HIGHWAY 10, WHICH CAN PROVIDE FOR THE
City Council Meeting
September 16, 1996
Page 13
ADEQUATE TRANSPORTATION NEEDS REQUIRED FOR INDUSTRIAL
DEVELOPMENT.
c)
BY C:ONC:ENTRATING THE HIGHWAY COMMERCIAL DEVELOPMENT NEAR
THE INTERSECTION OF JARVIS STREET AND HIGHWAY 10, STRIP OR
SCA'n'ERED SITE COMMERCIAL DEVELOPMENT CAN BE LIMITED.
d)
THE LR (LOW DENSITY RESIDENTIAL) LAND USE WOULD AID IN
CONTROLLING COMMERCIAL STRIP DEVELOPMENT IN THE AREA AND
HELP PRESERVE THE SEMI-RURAL CHARACTER ON THE COMMUNITY.
C:OUNC:ILMEMBER DIETZ SECONDED THE MOTION. THE MOTION FAILED 3-1.
Councilmember Scheel opposed. (Land Use Plan Amendments require 4/5 vote
of the City Council.)
Councilmember Scheel indicated she was opposed as she does not desire to see
industrial uses along the Highway.
COUNCILMEMBER HOLMGREN MOVED TO WITHDRAW HIS MOTION.
C:OUNCILMEMBER DIE1-Z SECONDED. THE MOTION CARRIED 4-0.
C:OUNCILMEMBER HOLMGREN MOVED TO CONTINUE ACTION ON THE LAND USE
(ITEM 6.13.) AND ZONE CHANGE (ITEM 6.14.) TO OCTOBER 21, 1996, AT 6:00 P.M.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.15. City of Elk River Request for Ordinance Amendment re.qardin.q Licensin.q o_f
Pawnshops and Pawnbrokers, Public Hearincl Case No. OA 96-8
Planning Assistant Scott Harlicker explained that the City is requesting to amend
Section 900.08 and Section 900.12 of the City Code relating to definitions and
highway commercial uses to include a definition for pawn shop and pawnbroker
and to include pawn shops as a conditional use in the highway commercial
zones.
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 ADOPT ORDINANCE 96-23, AN
ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES RELATING TO DEFINITIONS AND CONDITIONAL USES IN THE
C3 ZONING DISTRICT (PAWN SHOPS AND PAWNBROKERS). COUNCILMEMBER DIETZ
SEC:ONDED THE MOTION. THE MOTION C:ARRIED 4-0.
6.16. City of Elk River Request for Ordinance Amendment Related to Aqri-Business, OA
96-9
6.17. City of Elk River Request for Zone Chan.qe (Car.qill Property), Public Hearinq Case
No. ZC 96-10
These items were postponed by the Council until 10/21/96 as a full Council was
not present.
City Council Meeting
September 16, 1996
Page 14
7. Other Business
There was no other business.
8. Staff Updates
There were no staff updates.
9. Adjournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
The meeting of the Elk River City Council adjourned at 9:30 p.m.
Respectfully,/submitted~ ,
S'(~ndra Thackeray (~ L,
City Clerk