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10-21-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 21, 1996 Members Present: Members Absent: Staff Present: Also Present: 3.8. Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren (6:15 p.m.) None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Steve Ach, City Planner; Kendra Lindahi, Zoning Assistant; Dave Sellergren, City Attorney Judy Thompson, Planning Commission Representative; 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 p.m. by Mayor Duitsman. Consider Council A.qenda The following amendments were made to the Council agenda: 3.5. Request for Ordinance Amendment Regarding Agricultural Research Facility - pulled from the Consent Agenda 3.6. Request for Rezoning, Cargill Property - pulled from the Consent Agenda 3.8. Special Assessment Roll Resolutions - pulled from the Consent Agenda 3.9. Special Assessment Reapportionments - pulled from the Consent Agenda 3.11. Resolution Calling Public Hearing for TIF District No. 16 - pulled from the Consent Agenda 3.12. Wild and Scenic Ordinance Amendment - pulled from the Consent Agenda 5.o. Discussion Regarding Traffic Along Highway 169 and School Street - added to the agenda. COUNCIl. MEMBER FARBER MOVED TO APPROVE THE 10/21/96 CITY COUNCIl. AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOl'ION CARRIED 4-0. Consider Special Assessment Roll Resolutions The resolutions for Items b-h were distributed and reviewed. a. Hillside Crossing II- deleted Elk River City Council Minutes October 21, 1996 Page 2 bo Joplin Street/185th Avenue - COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION ?6-86, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR JOPLIN STREET/185TM AVENUE IMPROVEMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Nordic Woods - COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96- 87, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR NORDIC WOODS TRUNK SEWER AND WATER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. LaFayette Woods - COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-88, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR LAFAYEI'I'E WOODS TRUNK WATER AND SEWER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Garbaqe - COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 96- 89, A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 1996. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4- 0. W~stwood - COUNCILMEMBE. E.E~ FARBER MOVED TO ADOPT RESOLUTION 96- 90, A RESOLUTION ADOPTING'FINAL ASSESSMENT ROLL FOR WESTWOOD SEWER-AVAILABILITY CHARGE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. go Parkin.q Lot - COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96- 91, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR COUNTRY CLUB PARKING LOT IMPROVEMENTS. COUNClLMEMBER DIETZ SECONDED THE MOTION: THE MOTION CARRIED 4-0. Various Lateral Water and Sewer Connections - COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-92, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR 1996 SEWER AND WATER CONNECTIONS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.9. Consider Special Assessment Reapportionments The memo on the reapportionments was distributed and reviewed. COUNCILMEMBER FARBER MOVED TO APPROVE THE FOLLOWING SPECIAL ASSESSMENT REAPPORTIONMENTS: HILLSIDE CROSSING II NORDIC WOODS LAFAYEI'I'E WOODS CHERRYHILL BLUFFS 4TM HILLSIDE ESTATES 5TM COUNTRY RIDGE PARTNERSHIP ST. ANDREWS CHURCH COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes Page 3 October 21, 1996 3.11. Consider Resolution Callincl Public Heorin.q for TIF District No. 1F, COUNCILMEMBER FARBER MOVED TO CALL FOR A PUBLIC HEARING TO BE HELD ON JANUARY 27, 1997, AT 6 P.M. TO ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 16 AND TO AMEND THE BUDGETS FOR TAX INCREMENT FINANCING DISTRICTS NC). 2 AND 3 IN THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.12. Consider Wild and Scenic Ordinance Amendment Councilmember Scheel indicated that she prefers that the City Council have input on this issue prior to staff meeting with the DNR so that staff is aware of Council concerns regarding this issue. 3.5. City of Elk River Request for Ordinance Amendment Reqardin.q Aqricultural Research Facility City of Elk River Request for Rezonin.q of Car.qill Property Mayor Duitsman indicated that because Cargill is opposed to the ordinance amendment and rezoning which would affect Cargill's property, the city will be withdrawing its request for Items 3.5. and 3.6. He further indicated that the issues would more than likely not be brought up again when water and sewer is extended along east Highway 10 or if Cargill requests expansion of its research facility. 3. Consider Consent Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3,3. 3,4, OCTOBER 7, 1996, CITY COUNCIL MINUTES - APPROVED JOHN HITC:HCOCK REQUEST FOR PRELIMINARY PLAT APPROVAL (ISLANDVIEW 4TM) - POSTPONED TO 12/16/96 CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT REGARDING DEFINITIONS FOR COMMERCIAL AND PRIVATE KENNELS - POSTPONED TO 11/18/96 PAT HEYING REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL (HEYING ADDITION) - POSTPONED TO 11/18/98 PAY ESTIMATES a. #4 - HILLSIDE CROSSING II TO MID MINNESOTA CONCRETE AND EXCAVATING, INC IN THE AMOUNT OF $72,828.09 FOR WORK COMPLETED ON THE HILLSIDE CROSSING II IMPROVEMENT PROJECT - APPROVED b. #1 - 1996 OVERLAY IN THE AMOUNT OF $68,534.18 FOR WORK COMPLETED ON THE 1996 OVERLAY PROJECT - APPROVED c. #7 - WWTP EXPANSION TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $214,964 FOR WORK COMPLETED ON THE WWTP EXPANSION - APPROVED d. #1 - 171't AVENUE IMPROVEMENTS FOR WORK COMPLETED ON THE 171sT AVENUE PROJECT IN THE AMOUNT OF $85,272.50 - APPROVED e. #5 - ICE ARENA EXPANSION TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA PROJECT IN THE AMOUNT OF $514,251 - APPROVED Elk River City Council Minutes Page 4 October 21, 1996 3.10. CONSIDER BOARD AND COMMISSION VACANCIES - UPDATE ON ADVERTISEMENT FOR BOARD AND COMMISSION MEMBERS WHOSE TERMS WILL BE EXPIRING ON 12/31/96. 3.13. CHECK REGISTER-APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Firefighter Selection Process The City Administrator informed the Council that Fire Chief Bruce West is requesting authorization to proceed with the advertisement, screening, interviewing, and selection for the addition of three firefighters. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE FIRE CHIEF TO PROCEED WITH THE SELECTION PROCESS FOR THE ADDITION OF THREE FIREFIGHTERS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Holmgren arrived at this time (6:15 p.m.) 4.2. Utilities Commission Update Councilmember John Dietz updated the City Council on recent Utility Commission actions that took place at the October 8, 1996, Utilities Commission meeting. The issues discussed included an update on FERC filing, proposed water fountain in Town Square, repair of #3 diesel unit and other miscellaneous items that were discussed at the Utilities Commission meeting. 4.3. Community Recreation Board Update Community Recreation Director Jeff Asfahl gave an update on items which the Community Recreation Board has been involved in. Jeff Asfahl indicated that the Community Recreation Board is working with the Youth Initiatives Program. Jeff Asfahl further indicated that some of the programs being developed out of the Youth Initiatives can be supported and developed by other surrounding communities which would take some of the pressure off of the City of Elk River to be the leading source in these types of activities. Jeff Asfahl also informed the Council that the Community Recreation Board is trying to acquire a grant to obtain funding for the purpose of hiring professional consultants to look at comprehensive recreational plans of surrounding communities. He suggested that the comprehensive recreational plans be woven together into one master plan to allow the communities to work toward common goals. Mayor Duitsman indicated that he was in favor of pursuing the grant. 4.4. Consider Park Land Gift City Administrator Pat Klaers stated that Mr. and Mrs. Bill Gagne and Richard Deziel are proposing to donate 48.27 acres of land to the City of Elk River for park and public purposes. He indicated that the location of the land is north of Highway 10, north of the Elk River along the Waco Avenue alignment. He further indicated that the property was included as part of the 1991 Master Park Plan. The City Administrator indicated the city's appreciation for the donation and publicly thanked the Oagnes and Deziels for the generous land donation. Elk River City Council Minutes October 21, 1996 Page 5 COUNCILMEMBER SCHEEL MOVED TO APPROVE AN AMENDMENT TO THE RESOLUTION BY ADDING MRS. GAGNE'S NAME TO THE RESOLUTION AND INDICATING THAT ACCEPTANCE OF THE PROPERTY IS CONTINGENT ON A CLEAN ENVIRONMENTAL AUDIT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNClLMEMBER SC:HEEL MOVED TO ADOPT RESOLUTION 96-93, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF REAL PROPERTY FROM BILL GAGNE, KATHRINE GAGNE AND RICHARD DEZlEL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Ordinance Establishinq Elk River Ice Arena Commission Jeff Gongoll was present representing the Ice Arena Task Force. City Administrator Pat Klaers presented the Council with a draft of an ice arena commission ordinance which establishes an advisory board to deal with ice arena issues. He indicated that the advisory board would make recommendations to the City Council. Discussion was held regarding the membership of the ice arena commission. The City Administrator indicated that the draft ordinance now states that the commission shall consist of seven members. He requested that the Council discuss the issue of a seven member board versus a five member board. The City Administrator stated that if the board were reduced to five members, the two representatives from the public could be eliminated. Councilmember Farber stated that he felt it was important that two public members be involved in the commission. Councilmember Dietz indicated that he would prefer the two members from the public not to be associated with the Elk River Youth Hockey Association. Councilm'ember Holmgren indicated that it was the intention of the commission to include two representatives from the public who are interested in youth hockey but who also has financial and management expertise. Councilmember Holmgren also indicated that he would prefer to see the School Board member be an elected official. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-25, AN ORDINANCE ADDING SECTION 217 TO THE CITY OF ELK RIVER CODE OF ORDINANCES CREATING THE ELK RIVER ICE ARENA COMMISSION WiTH THE FOLLOWING STIPULATIONS: THE COMMISSION CONSIST OF SEVEN MEMBERS THE FIRST SENTENCE OF SECTION 217.07 - MEETINGS - BE AMENDED TO READ AS FOLLOWS: THE COMMISSION SHALL MEET AT LEAST TWO TIMES EACH CALENDAR YEAR. THE DATES, TIMES, AND LOCATIONS WILL BE ESTABLISHED BY COUNCIL RESOLUTION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0-2. Councilmember Scheel and Holmgren abstained. 5. Open Mike No one appeared for Open Mike Elk River City Council Minutes Page 6 October 21, 1996 5.a. Traffic Situation on Hiqhway 169 Mayor Duitsman indicated his concern regarding the running of yellow lights on Highway 169 and 193rd Avenue. Mayor Duitsman requested the City Engineer to look into the possibility of installing flashing warning lights on Highway 169 to warn drivers that a green light is about to turn yellow. Terry Maurer indicated that he has been in contact with MnDOT regarding this issue and stated that MnDOT has many concerns regarding the installation of flashing lights, and, at this time, has not authorized the installation. Terry Maurer indicated that he would continue to work with MnDOT regarding this issue. C:OUNC:ILMEMBER FARBER MOVED TO AUTHORIZE THE CITY ENGINEER TO INFORM MNDOT OF THE CITY COUNCIL'S SUPPORT OF THE INSTALLATION OF FLASHING LIGHTS ON HIGHWAY 169' NORTH AND SOUTHBOUND FROM MAIN STREET TO 197TM AVENUE. C:OUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dietz indicated his concern regarding the speed limit on Highway 169 to 193rd Avenue. He indicated that he would like to see the speed reduced to 45 miles per hour. C:OUNCILMEMBER DIETZ MOVED TO REQUEST MNDOT TO C:ONTINUE THE 45 MILE PER HOUR SPEED LIMIT ON HIGHWAY 169 FROM SCHOOL STREET NORTH UP TO 177TM AVENUE ON BOTH NORTH AND SOUTHBOUND LANES. COUNCILMEMBER SC:HEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman requested the City Engineer to consider the possibility of providing an overpass along Highway 169 and School Street to allow pedestrians to safely cross Highway 169. Terry Maurer distributed a handout on overpasses. He indicated that a very preliminary cost for an overpass would be $1 million. Terry Maurer indicated that several issues would have to be dealt with regardinb an overpass including handicap accessibility and easement acquisition. C:OUNCILMEMBER FARBER MOVED TO AUTHORIZE THE C:ITY ENGINEER TO BEGIN A STUDY OF AN OVERHEAD RAMP CROSSING HIGHWAY 169, THE STUDY TO INCLUDE THE EVALUATION OF THE LOCATION AND THE POSSIBILITY OF OBTAINING GRANTS FOR FINANCING THIS PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber suggested that the City Engineer study the possibility of lengthening the time of the green light to assist people in crossing Highway 169. 6.1. AT&T Wireless Service Request for Zone Chanqe, Public Hearina Case No. ZC 96-17 AT&T Wireless Service Request for Conditional Use Permit, Public Hearin.q Case No. CU 96-23 City Planner Steve Ach stated that AT&T Wireless Service is requesting a zone change to rezone certain property to antenna overlay district and a conditional use permit for a wireless communication antenna pole and equipment building. The proposed location for the antenna overlay district and conditional use permit is east of Highway 10, south of 175th Avenue alignment, and west of the Burlington Northern railroad tracks. Steve Ach reviewed the staff report on both of these issues. Elk River City Council Minutes Page 7 October 21, 1996 Mayor Duifsman opened the public hearing for Items 6.1. and 6.2. There being no one for or against the matters, Mayor Duitsman closed the public hearing. Steve Ach indicated that the Planning Commission and staff both recommended approval of the zone change and conditional use permit. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-26, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO ANTENNA OVERLAY DISTRICT, CASE NO. ZC 96-17. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW AT&T WIRELESS TO CONSTRUCT AN ANTENNA TOWER WITH THE FOLLOWING CONDITIONS: 1. A SIX FOOT HIGH NON-CLIMABLE FENCE SHALL ENCLOSE THE FACILITY. THE TOWER SHALL NOT CONTAIN ANY SIGNAGE, INCLUDING LOGOS, EXCEPT AS MAY BE REQUIRED BY STATE AND FEDERAL REGULATIONS. THE TOWER AND EQUIPMENT BUILDING SHALL BE REMOVED WITHIN SIX MONTHS OF CESSATION OF OPERATION UNLESS A TIME EXTENSION IS GRANTED BY THE CITY COUNCIL. IN THE CASE OF MULTIPLE USERS OF THIS TOWER, THIS CONDITONAL SHALL NOT BECOME EFFECTIVE UNTIL ALL USERS OF THE TOWER CEASE OPERATIONS FOR SIX MONTHS. A SITE PLAN BE SUBMITTED INCLUDING ALL THE CONDITIONS FOR APPROVAL PRIOR TO CONSTRUCTING THE ANTENNA POLE AND EQUIPMENT BUILDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. City of Elk River Request for Land Use Plan Amendment IJarvis and Hiqhway 10), Public Hearinq Case No. LU 96-3 City of Elk River Request for Rezoninq IJarvis and Hi.qhway 10), Public Hearing ZC 96-15 City Planner Steve Ach indicated that the City of Elk River is requesting a land use map amendment to change the 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. The City is also proposing to rezone certain properties from Highway Commercial to Light Industrial, Highway Commercial to Single Family Residential, and Single Family Residential to Light Industrial. The properties are located on the north side of Highway 10 from Cleveland Street alignment to Filmore Street alignment and the south side of Highway 10 from Hoover Street alignment to the City of Ramsey boundary. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Planning Commission Representative Judy Thompson indicated that the Planning Commission recommended approval of the land use amendment and rezoning. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-94, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM HIGHWAY BUSINESS TO LIGHT INDUSTRIAL, HIGHWAY BUSINESS TO Elk River City Council Minutes Page 8 October 21, 1996 LOW DENSITY RESIDENTIAL, AND LOW DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL, CASE NO. LUA 96-13, BASED ON THE FOLLOWING FINDINGS: 6.5. 6.7, 6.8. 6.9. 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 ADEQUATE TRANSPORTATION NEEDS REQUIRED FOR INDUSTRIAL DEVELOPMENT. ¢.) BY CONCENTRATING THE HIGHWAY COMMERCIAL DEVELOPMENT NEAR THE INTERSECTION OF JARVIS STREET AND HIGHWAY 10, STRIP OR SCA1'rERED 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 OF THE COMMUNITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-27, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C3 HIGHWAY COMMERCIAL TO LI LIGHT INDUSTRIAL, C3 HIGHWAY COMMERCIAL TO R1A SINGLE FAMILY, AND R1A SINGLE FAMILY RESIDENTIAL TO I1 LIGHT INDUSTRIAL CASE NO. ZC 96-15. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. D.J.'s Total Home Care Center Request for Variance, Public Hearinq Case No. V 96-9. D.J.'s Total Home Care Center Request for Conditional Use Permit, Public Hearina Case No. CU 96-12 COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ITEMS 6.5. AND 6.6. AT THE REQUEST OF THE APPLICANT TO NOVEMBER 18, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Jim and Kirt Charest Request for Land Use Plan Amendment, Public Hearin.q Case No. LU 96-4 Jim and Kirt Charest Request for Zone Chanqe, Public Hearinq Case No. ZC 96-16 Jim and Kid Charest Request for Conditional Use Permit, Public Hearinq Case No. CU 96-17 Zoning Assistant Kendra Lindahl indicated that in May, 1995, Jim Charest requested site plan approval for a contracting business with outdoor storage. She indicated that several conditions were included in staff's site plan approval including landscaping requirements and the prohibition of a junkyard. Kendra Lindahl indicated that immediately after granting site plan approval, staff became involved in attempting to get Mr. Charest to remove debris and junk vehicles from the property in order to comply with his approved site plan. To date, Mr. Charest has not complied with the approved site plan or the city ordinances which prohibit the piling, storing, or keeping of old machinery, junk or Elk River City Council Minutes Page 9 October 21, 1996 debris, or abandoned motor vehicles. Kendra Lindahl further indicated that the use of the site has expanded beyond the scope of the approved site plan. Ms. Lindahl informed the Council that Mr. Charest has been given three options by staff which are: 1.) comply with the approved site plan by removing junk and debris, complying with the landscape plan in keeping the storage within the small area approved in 1995; 2.) apply for a conditional use permit for a junkyard in an 12 zone; 3.) apply for a conditional use permit for outdoor storage accessory to a principle use in I1. Kendra Lindahl also informed the Council that Mr. Charest has been issued a stop work order to discontinue the grading and other construction until this item is reviewed by the Mayor and City Council. Kendra Lindahl indicated that Jim Charest is requesting a zone change from light industrial to medium industrial, a comprehensive land use plan amendment from light industrial to medium industrial, and a conditional use permit to operate a junkyard in the medium industrial zoning district. Mayor Duitsman opened the public hearing. Jim Charest informed the Council that he was in the process of complying with the site plan stipulations. He indicated that he is in the process of replacing the berm with fencing, however, staff has issued a stop work notice on the fence. Councilmember Scheel argued that the equipment on Mr. Charest's property did not fall in the definition of a junkyard. She indicated that she had no way of knowing whether the cars were junk vehicles or running vehicles. She further indicated that according to the ordinance and the list of equipment presented by staff, it did not appear that Mr. Charest was in violation of the city's ordinance pertaining to junkyards. Councilmember Scheel requested to continue this issue until she had a chance to look at the situation. Judy Thompson, Planning Commission Representative, indicated that the Planning Commission felt that the drainage problems, the debris on the land, and the fence material were all nonconforming and therefore the Planning Commission recommended denial of all three requests. Kendra Lindahl distributed photographs taken at Mr. Charest's property on September 26, 1996. The City Attorney requested that the photographs be entered into the record as an exhibit. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO DENY THE ZONE CHANGE AND COMPREHENSIVE LAND USE PLAN AMENDMENT FROM LIGHT INDUSTRIAL TO MEDIUM INDUSTRIAL BASED ON THE FOLLOWING FINDINGS: THIS PROPOSED JUNKYARD IS A VERY INTENSE USE FOR THIS LOCATION, AND MAY BE MORE APPROPRIATELY LOCATED IN ANOTHER AREA WHERE IT IS MORE COMPATIBLE WITH THE SURROUNDING LAND USES. THE PROPOSED REZONING AND LAND USE PLAN AMENDMENT WOULD IMPACT THE CHARACTER AND INTEGRITY OF THE SURROUNDING RESIDENTIAL AND LIGHT INDUSTRIAL AREAS. THIS PROPOSED JUNKYARD IS INCONSISTENT WITH THE COMPREHENSIVE PLAN FOR EAST HIGHWAY 10. Elk River City Council Minutes October 21, 1996 Page 10 COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT TO OPERATE A JUNKYARD REQUESTED BY MR. CHAREST BASED ON THE FOLLOWING FINDINGS: IF THE ZONE CHANGE AND LAND USE PLAN AMENDMENT ARE NOT APPROVED, THIS CONDITIONAL USE PERMIT IS A MOOT POINT. JUNKYARDS ARE NOT ALLOWED IN THE LIGHT INDUSTRIAL ZONING DISTRICT. A JUNKYARD AT THIS LOCATION WILL DETRIMENTALLY AFFECT THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY. A JUNKYARD IN THIS LOCATION WILL BE INCONSISTENT WITH THE COMPREHENSIVE PLAN. A JUNKYARD WILL IMPEDE THE DEVELOPMENT OF THE SURROUNDING VACANT PROPERTY. IT IS UNLIKELY THAT A RESIDENTIAL DEVELOPMENT WOULD WANT TO LOCATE NEXT TO A JUNKYARD. IT IS UNLIKELY THAT CLEAN, QUALITY INDUSTRY WOULD LOCATE NEXT TO A JUNKYARD. o THE SITE IS NOT EASILY ACCESSED BY THE NARROW PRIVATE DRIVE, AND EMERGENCY VEHICLES MAY HAVE SOME DIFFICULTY ACCESSING THE SITE. THERE ARE SPECIFIC HEALTH AND SAFETY ISSUES ASSOCIATED WITH A JUNKYARD THAT HAVE NOT BEEN ADDRESSED IN THIS APPLICATION. A JUNKYARD WILL INVOLVE USES, ACTIVITIES, PROCESSES, MATERIALS, EQUIPMENT, AND CONDITIONS OF OPERATION THAT WILL BE DETRIMENTAL TO SURROUNDING PERSONS OR PROPERTY BECAUSE OF EXCESSIVE TRAFFIC, NOISE, FUMES, ODORS, DUST, AND VIBRATIONS. o WHILE A JUNKYARD WILL NOT DESTROY A NATURAL, SCENIC, OR HISTORIC FEATURE OF MAJOR IMPORTANCE, IT MAY ADVERSELY AFFECT THE APPEARANCE OF THIS AREA. o UP TO THIS POINT, MR. CHAREST HAS NOT COMPLIED WITH HIS APPROVED SITE PLAN, THE PUBLIC NUISANCE ORDINANCE OR THE ZONING ORDINANCE. THEREFORE, STAFF HAS SOME CONCERNS ABOUT WHETHER THE APPLICANT WOULD COMPLY WITH THE STRINGENT CONDITIONS REQUIRED FOR A CONDITIONAL USE PERMIT TO OPERATE A JUNKYARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember $cheel opposed. 6.12. Order to Charest to Take Specific Action City Attorney Dave Sellergren informed the Council that Mr. Charest would be presented with an order requesting him to comply with the requirements of the site plan. He explained to the Council that the order contains the findings and conclusions. COUNClLMEMBER FARBER MOVED TO AUTHORIZE STAFF TO PROCEED WITH THE ORDER #96-1 REQUESTING MR. CHAREST TO COMPLY WITH THE REQUIREMENTS OF Elk River City Council Minutes October 21, 1996 THE SITE PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilrnember Sol, eel opposed. 6.10. Rezoninq of the Northeast Corner of Highway 10 and 165th Avenue and Ordinance Amendment for Recycling Centers in the Commercial District Page 11 City Planner Steve Ach stated that as per direction of the City Council, staff has begun the process of amending the land use plan map and rezoning the property at the northeast corner of Highway 10 and 165th Avenue (recycling center) from I1 to C3. Steve Ach explained that these two applications are partly requests from property owners. He indicated that recently staff has received a request from the landowner that the rezoning be withdrawn. Steve Ach further stated that the ordinance amendment for recycling centers was also partly requested by the property owner and has also been withdrawn by the property owner. Steve Ach indicated that because of the property owners request to withdraw both applications, staff recommends that Council move to withdraw the rezoning and ordinance amendment. COUNCILMEMBER DIETZ MOVED TO SUPPORT STAFF'S RECOMMENDATION TO WITHDRAW THE REZONING REQUEST AND THE ORDINANCE AMENDMENT REQUEST FOR RECYCLING CENTERS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Discuss Meetina Dates for Upcomin.q Plannin.q Issues Elk Terrace Mobile Home Park - It was the consensus of the Council to hold a public hearing to review the closure statement of the Elk Terrace Mobile Home Park on November 18, 1996. East Elk River Master Plan - It was the consensus of the Council to hold a workshop on December 2, 1996, immediately following the Council meeting to discuss possible alignments for the extension of sewer and water eastward along County Road 12 and other pads of the newly established urban service area. Weldon Schultz Property Concept Plan - It was the consensus of the Council to hold a special Council meeting on December 16 at 5 p.m. to review a concept plan from the developers of the Weldon Schultz property. 7. Other Business · Councilmember Dietz requested an update from the Police Chief regarding the new ordinance pertaining to the sale of cars on public property. COUNCILMEMBER DIETZ MOVED TO REQUEST THE STATE HIGHWAY PATROL TO PATROL THE RUNNING OF RED LIGHTS ON HIGHWAY 169. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates City Administrator Pat Klaers updated the Council on negotiations with the Minnesota Sports Federation. He informed the Council that representatives of the Minnesota Sports Federation will be at the Council meeting on October 28. Elk River City Council Minutes Page 12 October 21, 1996 COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL AT 5 P.M. ON OCTOBER 28, 19'96, TO DISCUSS A PROPOSAL BY THE MINNESOTA SPORTS FEDERATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Scheel indicated that she has received complaints regarding the quality of Council, Planning Commission, and EDA meetings over Cable TV. Councilmember Scheel requested that a representative from Jones Intercable update the Council on these problems. 9. Adjournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7:55 p.m. Respectfully submitted, Sandra Thackeray ~/~ City Clerk