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04-21-1997 CC MINSPECIAL JOINT MEETING OF THE ELK RIVER CITY COUNCIL WITH THE FOLLOWING: ECONOMIC DEVELOPMENT AUTHORITY HOUSING AND REDEVELOPMENT AUTHORITY PLANNING COMMISSION UTILITIES COMMISSION STRATEGIC PLANNING TASK FORCE CHAMBER BOARD OF DIRECTORS RIVERS EDGE DOWNTOWN DEVELOPMENT REPRESENTATIVES HELD AT THE ELK RIVER CITY HALL - TRAINING ROOM MONDAY, APRIL 21, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Commission, Board, and Other Committee Members Present: Duane Kropuenske, Jackie Schuelein, Pat Dwyer, Stewart Wilson, Rich Duggan, George Zabee, Tom Bender, Jeff Gongolh Dick Gongoll, Jon Anderson, Tom Mesich, Louise Kuester, Judy Thompson, Doran Cote, Bob Minton, Mern Beck, Charlie Houle, Jim Simpson and Sandy Weicht Staff Present: Also Present: Pat Klaers, City Administrator; Paul Steinman, Economic Development Executive Director; Steve Ach, City Planner; Scott Harlicker, Planning Assistant; Bryan Adams, Utilities Superintendent; Debbie Kleckner, Recording Secretary Don Heinzman, Elk River Star News; Representative of ~itizen Newspaper 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 5:00 p.m. by Mayor Duitsman. Jim Brimeyer, of The Brimeyer Group, reviewed the strategic planning process. Paul Steinman explained that the Strategic Planning Task Force was selected to represent the following groups: -Mayor/City Council -EDA -HRA -Chamber of Commerce Special City Council Meeting April 21, 1997 Page 2 -Utilities Commission -Downtown Representatives -Local Business Representatives Paul reviewed the Strategic Plan Mission Statement developed by the Strategic Planning Task Force. Paul explained that Mr. Brimeyer led the Task Force through the planning process and helped develop four major issues which affect the economic growth of the City of Elk River. These major issues and their supporting goals, in order of priority, are as follows: · Issue-Industrial Base -Goal- Attract new businesses to increase the city's industrial base. · Issue- Business Retention and Growth -goal - Retain and grow the city's existing business/industry. · Issue- East Highway 10 development/redevelopment -goal - Redevelop the east Highway 10 corridor · Issue- Downtown Redevelopment -Goal - Attract reinvestment in the Elk River central business district Specific action items to address these major issues were identified which will be implemented over the next several years. Paul noted adoption of the Plan will provide direction to staff to research initiatives such as rezonings, land purchases, a new transportation corridor, marketing and financial commitments, and subsequently recommend actions to the responsible boards, commissions and the City Council. Mayor Duitsman asked for comments from the public. Dick Gongoll stressed the importance of planning for the future to preserve opportunities for industrial growth. Mayor Duitsman added that if no plan is in place for industrial development, residential development will overcome any industrial opportunities. George Zabee explained industrial development is needed to broaden Elk River's tax base, since residential development does not support itself. Councilmember Holmgren felt taxes will greatly increase if residential development continues at its current pace. He supported the need to plan and encouraged the Council to initiate industrial development on the west Highway 10 corridor as soon as possible. Duane Kropuenske felt there is increasing competition from other communities and encouraged the City Council to adopt the Plan. Rich Duggan indicated he was informed it costs approximately $6,000 per year to educate a child in the public school system and since residential taxes do not support these costs, industrial development is critical to keep the city's economic base from falling apart. Special City Council Meeting April 21, 19c]? Page 3 Mayor Duitsman explained the city has plans to work with the school system to address the need for qualified workers. Rich Duggan indicated a state grant program is available to school/work transition. Tom Casey, representing Doris and Kathy Specht, asked if the Plan involved condemnation of property. Paul Steinman indicated the primary intention is to work with willing property owners, should land acquisition be pursued. Mr. Casey also asked if the city was aware of any changes proposed in the Wild & Scenic River property designation. Mayor Duitsman explained changes have been proposed which will alleviate some of the problems posed by the Wild & Scenic Ordinance in downtown Elk River. Also, he noted that additional classifications have been added. It was the consensus of the representatives of all the various committees and boards present to support the Economic Development Strategic Plan as presented by the Task Force and recommend adoption of the plan by the Elk River City Council. Adjournment The special meeting of the Elk River City Council was adjourned at 6:00 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 21, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Steve Ach, City Planner; Scott Harlicker, Planning Assistant; Steve Rohlf, Building and Zoning Administrator; Debbie Kieckner, Recording Secretary; Dave Sellergren, City Atforney 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:07 p.m. by Mayor Duitsman. 2. Consider Aqenda Item 8.1., Flood Damage, was added to the agenda. COUNClLMEMBER FARBER MOVED TO APPROVE THE 4/21/97 CiTY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2a. 3.2b. 3.2c. 3.3. 3.4. 3.5. 3.6. 3.7. CHECK REGISTER - APPROVED 4/7/97 CITY COUNCIL MINUTES - APPROVED 4/14/97 SPECIAL CITY COUNCIL MINUTES -APPROVED 4/14/97 EXECUTIVE SESSION MINUTES - APPROVED CONSIDER CITY A'n'ORNEY FEE SCHEDULE - CONTINUED TO 4/28/97 COUNCIL MEETING - APPROVED DISCUSSION OF DOWNTOWN HANDICAP PARKING PLAN - CONTINUED TO 4/28/97 COUNCIL MEETING - APPROVED CONSIDER AUTHORIZATION OF MATCHING GRANTS FUNDS FOR PUBLIC ACCESS INTERNET WORKSTATIONS AT ELK RIVER LIBRARY - APPROVED CONSIDER REQUEST FOR YIELD SIGN AT SCHOOL STREET AND FREEPORT AVENUE - APPROVED CONSIDER PAY ESTIMATE #13 - WWTP EXPANSION -APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes April 21, 1997 Page 2 4. Citizen Leo.que Report on Arts - Bob Minton and Louise Kuester Bob Minton presented a report from the Citizens League entitled "Why the Elk River Area Needs the Arts". He stated that the Citizens League selected a study in the area of arts as they felt it was valuable to bring the otherwise national and state debates to a local level for open discussion and examination to see what the value and benefit of the arts are to the community. Mr. Minton also stated that the study would like to explore how support, both participative and financial, can best be created if the community sees value in the arts. Louise Kuester stated that after comparing Elk River with the peer sites and the national picture, the Citizens' League had the following key findings: · Importance of a positive relationship between the local schools and arts communities. Elk River local arts suffer due to lack of rapport between the school and its arts community, especially with scheduling school facilities. Locally, arts-related activities are not recognized as a tool for economic development. There is no dynamic central leadership for coordination or fundraising. Even though the Elk River Arts Council does a good job with the limitations it faces, there is a lack of networking and coordinated leadership among local arts groups. Fundraising is inhibited because arts groups have not worked together even though the potential for raising big money locally is good. Since Elk River found ways to incorporate arts with history, it could build upon history to establish an identity. 6. A community identifier is needed to market the arts in Elk River. Some type of arts facility would serve to connect the local community with others and provide greater access to the arts. People are in 'general agreement that arts are important to the community. Almost 50% of local respondents support or participate in local activities in some way. 10. The League identified no dominant opinion in answer to questions about the adequacy of local opportunities in the arts and cultural activities. 11. A modest majority of people were willing to spend some public funds to support local arts activities. Louise Kuester stated that key recommendations from the Citizens League were to develop a process to create cooperation between the schools and various arts groups, improve local financial support, market the arts as a part of economic development strategies, recognize active leaders in the arts more Elk River City Council Minutes April 21, 1997 Page 3 effectively, unify funding efforts of all the various arts groups in the area, promote the contributions of the arts to community development, and provide a multipJe use community facility - reactivate the Community Center Task Force. Pat Klaers explained the Park & Recreation Commission has included questions regarding a community center in their upcoming survey. They are hopeful the survey results will indicate whether interest in a community center is for a health club, community theater, meeting center, teen center or some other type of use. Louise stated she is hopeful the response will support a multi-age use facility. Bob indicated the report supports a funding process similar to the City of St. Paul, which has a united arts council with a full-time arts council director to coordinate the efforts within the city. Bob noted the 2001 Committee is planning a conference on this subject September 27, 1997 with Joan Mondale as the featured speaker. Mayor Duifsman thanked Bob Minton and Louise Kuester for their interesting report. 5.]. City of Elk River Request for Ordinance Amendment to City Code in Relation to Fire Lane Parkinq City Administrator Pat Klaers indicated that the City Clerk had prepared a draft ordinance which would give the Fire Chief the authority to enforce fire lane parking regulations. Coun¢ilmember Farber stated that it was not uncommon for the fire chief to have the authority to enforce fire lane parking regulations. Councilmember Thompson questioned the reference to a designee. It was the consensus of the Mayor and Council for the Fire Chief to request Council approval of a designee to act in his absence. COUNCILMEMBER FARBER MOVED TO APPROVE ORDINANCE 97-6, AN ORDINANCE AMENDING SECTION 206.06, DUTIES OF FIRE CHIEF, SECTION 1100.10, PARKING REGULATIONS AND SECTION 1100.22, POLICE AND FIRE DEPARTMENT DUTIES OF THE ELK RIVER CODE OF ORDINANCES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 97-30, A RESOLUTION ADOPTING PARKING VIOLATION FINES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Request for Authorization to Hire Two Part Time WWTS Operators City Administrator Pat Klaers stated that Joe Ferrato had submitted his resignation and indicated that Darrell Mack would like authorization to hire two full time employees at this time and would be back before the Council at a later date to request approval for one of the part time employee to become a permanent full time employee. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE WWTS SUPERINTENDENT DARRELL MACK TO HIRE TWO FULL TIME EMPLOYEES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes April 21, 1997 Page 4 5.3. Request Authorization to Appoint Environmental Code Enforcement Officer Steve Rohlf stated that he is requesting authorization to hire Laurie Mezera-Kerr to fill the position of Environmental Code Enforcement Officer which was recently vacated by Greg Berg. He stated that the pay rate would be $13.18 per hour or $27,414.40 per year. Steve recommended a cost of living increase as other employees in January, 1998, and a step increase in July of 1998, if job performance is satisfactory. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE BUILDING AND ZONING ADMINISTRATOR STEVE ROHLF TO APPOINT LAURI MEZERA-KERR TO THE POSITION OF ENVIRONMENTAL CODE OFFICER AT A PAY RATE OF $13.18 PER HOUR ($27,414.40 PER YEAR) WITH A STEP INCREASE IN JULY, 1998, UPON SATISFACTORY JOB PERFORMANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Grant Application to Repair Erosion at Orono Cemetery Steve Rohlf indicated city staff and the Lake Orono Improvement Association have been working with the Sherburne Soil and Water Conservation District (SWCD) on a proposed project to stabilize erosion from the point at Orono Cemetery. The SWCD is preparing a grant application to help fund the project. COUNCILMEMBER FARBER MOVED APPROVAL TO SPONSOR THE LAKESHORE STABILIZATION PROJECT AT THE LAKE ORONO CEMETARY POINT AND COMMIT FOR UP TO 25% OF ITS COST WITH IN-KIND SERVICES AND/OR CASH FROM THE CITY OR SOLICITING OTHERS IN THE COMMUNITY TO PARTICIPATE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Grant Application for Mississippi River Rip Rap City Administrator Pat Klaers stated that this grant would come from the same agency as the Orono Cemetery grant and that only one grant may be able to be obtained. He indicated that this was a $50,000 proposal with the city match being $25,000. It was decided that the Council would like to support the Lake Orono Erosion grant first and then the Mississippi Rip Rap grant. COUNCILMEMBER FARBER MOVED TO APPROVE SUBMISSION OF THE 1997 MISSISSIPPI RIVER RiP RAP GRANT REQUEST, WITH THE LOCAL MATCH TO COME FROM THE CITY CAPITAL PROJECTS RESERVE. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber questioned whether anyone has looked at the erosion situation at Lake Orono or along the Mississippi riverbank from the high water level. Pat Klaers stated they have not yet looked into it, but there appears to be minimal damage to the rip rap work which was done in the downtown in 1991 and 1994. Elk River City Council Minutes April 21, 1997 Page 5 5.6. Update on Appraisals and Consideration of Ordinance Amendinq Section 1010.12 IManufactured Home Park Closinqs) of the City Code of Ordinances, Public Hearinq Case No. GA 97-4 City Planner Steve Ach slated that staff has worked with the City Attorney's office to revise Section 1010.12 of the City Code regarding payment of additional compensation. He indicated that the specific changes to the ordinance included the following: 1.) clarifying that residents of the manufactured home park have the choice whether to relocate their mobile home or choose to tender title upon compensation, and 2.) the ordinance amendment will also provide that the mobile home purchaser shall reimburse the city for any advances the city makes for appraisal costs. Mayor Duifsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE ORDINANCE 97-7, AN ORDINANCE AMENDING SECTION 1010.12 OF THE CITY CODE OF ORDINANCES (MANUFACTURED HOME PARK CLOSINGS) REGARDING PAYMENT OF ADDITIONAL COMPENSATION AS STATED IN STAFF'S MEMO DATED APRIL 21, 1997. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Administrator Pat Klaers introduced Dwight Poss of Credit Resource Management, the appraisal firm hired to complete work at the Elk Terrace Mobile Home Park. Dwight Poss updated the Council on the status of the appraisals and the work he has completed. Councilmember Holmgren thanked Dwight for his update and for the work he has completed. Heather Bergman, resident of Elk Terrace Mobile Home Park, asked if the Council was aware of when the money would be available to the residents. Mayor Duitsman indicated the city had no information at this time. 5.7. Consider Request by Derrick Investment to Install Public Utilities Without Providinq a Financial Guarantee Pat Klaers explained Derrick Investment has requested the City Council deviate from its policy of requiring full financial security before developers start a project. Mr. Derrick indicates he has a contractor available to do work, but will not have his bank financing in place until mid May. It was noted that, as the Highland trunk water line is proposed to go through this plat, the city and developer as partners in the grading aspect of this project. It was the consensus of the City Council to allow Derrick Investment to do grading on Phases II an III provided the plat is recorded and the grading plan is approved by the city engineer. Also, the Mayor and Councilmembers were in agreement to not allow utility pipes to be installed beyond Phase I until additional financial security is placed with the city. Elk River City Council Minutes April 21, 1997 Page 6 5.8. 5.9. 5.10. 7.1. Resolution Receivinq Feasibility Study for Macon Street and Riverview Drive and Orderin.q Public Hearinq Pat Klaers indicated that this project includes street, storm sewer, city sewer and water and some street lighting. Councilmember Dietz requested that the city engineer review the plans for the Riverview Heights where there will be curb and gutter meeting up with a rural street section with no curbing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 97-31, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEAERING ON THE IMPROVEMENT IN THE MATTER OF THE MACON STREET AND RIVERVlEW DRIVE IMPROVEMENT OF 1997. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Community Recreation Update Jeff Asfahl provided information to the City Council regarding a proposed skateboarding park, a youth mentoring program and activities at the ice arena to generate revenues. Utilities Commission Update Councilmember Dietz updated the Council on recent action taken by the Municipal Utilities Commission regarding mid-block street lighting, acquisition of property from Anoka Electric, the annual audit, and salary increases for utilities employees and a project to upgrade the utility lines in the Orono Lake 3,d Addition. Councilmember Dietz noted the auditors have recommended the utilities maintain a cash reserve of $1 million and they currently have $200,000 in cash reserves. He also noted the Utilities Commission approved a 3.14% increase in wages for all utilities employees, effective June 1, 1997. Open Mike No one appeared for this item. Shiely Company Request for Amendment to Conditional Use Permit, Public Hearinq, Case No. CU 95-4 Shiely Company has requested an increase in the hours they are allowed to wash gravel. Currently, the hours are 7 a.m. to 7 p.m. and request the hours be extended to 6 a.m. to 10 p.m. The Planning Commission recommended Shiely be required to use strobe lights or cameras on the loaders during the additional hours, rather than back up alarms, to address the noise concern. The Planning Commission felt the ground water issue was sufficiently addressed in the conditional use permit. Councilmember Dietz questioned whether or not another gravel company would be granted the same request. Steve Rohlf noted each company's situation is unique and would be addressed on a case-by-case basis. Elk River City Council Minutes April 21, 1997 Page 7 Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE AMENDMENT TO SHIELY COMPANY'S CONDITIONAL USE PERMIT (CASE NO. CU 95-04) TO EXTEND THE HOURS OF THEIR WASH OPERATION FROM 6:00 A.M. TO 10:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dietz requested Steve Rohlf to follow-up on Shiely's compliance with conditions of their previous conditional use permit. 7.2a. Phoenix Enterprises Request for Conditional Use Permit/Time Out Bar & Restaurant, 7.2b. Public Hearinq Case No. CU 97-5 Phoenix Enterprises is requesting a conditional use permit to locate a 6,000 square foot Time Out Sports Bar and Class I restaurant on Evans Avenue in the Hillside Crossing South commercial PUD. A raised dining area will have 60 seats, a central bar area will have 68 seats at tables and 32 at the bar. There also will be an outside patio, dance floor and DJ booth. Scott Harlicker reviewed the hours of operation, traffic, access and parking, signage and lighting issues. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Thompson expressed concern for a restaurant serving on sale liquor as early as 10 a.m. on Sundays. Councilmember Dietz questioned whether or not the applicant anticipated a conflict with the daycare operations and traffic. Mr. Bahktairi stated that given the hours of operation al the two businesses, he did not expect any problems. Tony Bahktairi, representative of Time Out Sports Bar & Restaurant, indicated champagne with brunch is typically the only type of liquor served at 10 a.m. on Sundays. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR TIME OUT BAR AND RESTAURANT WITH THE CONDITION THAT SIGNAGE WILL COMPLY WITH THE HILLSIDE CROSSING RETAIL CENTER SIGNAGE REQUIREMENTS AND THE APPLICANT MUST RECEIVE A SIGN PERMIT PRIOR TO PLACING ANY SIGNS ON THE PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Public Hearinq for Time Out Bar and Restaurant to Sell Intoxicatinq Liquor Pat Klaers noted a public hearing is required if liquor is proposed to be sold before 12:00 noon on Sundays. 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 AUTHORIZE THE SALE OF LIQUOR IN CONJUNCTION WITH THE SALE OF FOOD AT TIME OUT BAR AND RESTAURANT UNDER Elk River City Council Minutes April 21, 1997 Page 8 THE OWNERSHIP OF TOORADJ BAKHTIARI BETWEEN THE HOURS OF 10:00 A.M. ON SUNDAYS AND 1:00 A.M. ON MONDAYS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Good Value Homes/J. Peterson Request for Preliminary Plat (Oakwood Hills), Public Hearinq Case No. P 97-1 Scott Harlicker indicated Good Value Homes is requesting to subdivide approximately 40 acres located at 197th Avenue alignment and Pascal Street into 14 single family lots. Issues associated with wetlalnds, county ditches, lot sizes, streets, grading and drainage were reviewed. Scott noted topographic information will be provided by the applicant prior to final plat to determine if the proposed location for the extension of the temporary cuf de sac will work. Discussion followed regarding drainage issues. Derrick Passe, engineer for the developer, indicated they ore confident they should be able to handle the drainage on site, and that he will work with the ditch inspector regarding the county ditches. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Holmgren expressed the Council's thanks to Planning Commission Chair Jon Anderson for their thorough review of this application. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST FOR GOOD VALUE HOMES WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMOS DATED 2/17/97, 3/24/97 BE INCORPORATED INTO THE PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. SURFACE WATER MANAGEMENT FEE IN THE 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 A WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND RETURNED TO THE CITY. o AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS DEVELOPMENT. Elk River City Council Minutes April 21, 1997 Page 9 7.4. 8. 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. 9. A SEAL COAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE SUBDIVISION PER ELK RIVER UTILITIES RECOMMENDATION. 11. A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. SOIL BORINGS WILL HAVE TO BE PERFORMED AND APPROVED PRIOR TO FINAL PLAT VERIFYING SEPTIC LOCATIONS. 14. THE PLAT WILL HAVE TO BE REVIEWED AND THE LOCATION OF THE COUNTY DITCHES VERIFIED BY THE COUNTY DITCH INSPECTOR PRIOR TO FINAL PLAT. 15. A LANDSCAPE PLAN, CLEARING, AND TREE PROTECTION PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. 16. THE DEVELOPER IS REQUIRED TO UPGRADE PASCAL STREET FROM 200TH AVENUE TO THE NORTHWEST CORNER OF HIS PLAT AND TO PROVIDE DOCUMENTATION THAT THE PASCAL STREET EASEMENT OVER THIS STRETCH OF ROAD DOES EXIST AND IS IN FAVOR OF THE CITY. 17. ADDITIONAL TOPOGRAPHIC INFORMATION ON THE ADJACENT PROPERTY NEAR THE SOUTHWEST CORNER OF THE PLAT IS REQUIRED TO DETERMINE IF THE STREET AVOIDS WETLANDS PRIOR TO FINAL PLAT OR DITCHES. 18. ALL NECESSARY WETLAND PERMITS SHALL BE OBTAINED PRIOR TO ANY WETLAND DISTURBANCES ASSOCIATED WITH THIS PROJECT 19 AN EASEMENT BE DEDICATED FOR THE TEMPORARY CUL DE SAC. 20. STORM DRAINAGE SHALL BE HANDLED ON SITE WITH NO INCREASE IN OFFSITE STORMWATER RATE OR VOLUME. 21. DRAINAGE EASEMENTS BE IN PLACE OVER THE COUNTY DRAINAGE DITCHES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Enterprise Rent-A-Car Request for Conditional Use Permit/Outdoor Storaqe of Vehicles, Public Hearinq Case No. CU 97-6 Enterprise Leasing Company is requesting a conditional use permit to occupy approximately 2,000 square feet to operate c~ rental car business. The proposed Elk River City Council Minutes April 21, 1997 Page l0 business will De located north of Main Street, west of Carson and immediately south of Kennedy Transmission. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Discussion followed regarding the number of parking stalls. The applicant indicated customer parking is not needed, as customers will be picked up or dropped off. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY ENTERPRISE RENT-A-CAR WITH THE FOLLOWING CONDITIONS: THE NUMBER OF VEHICLES PARKED OUTSIDE BE LIMITED TO A MAXIMUM OF 15 WITH THE OPPORTUNITY TO INCREASE THIS NUMBER TO 20 AFTER SlX MONTHS. STAFF SHALL REPORT BACK TO THE PLANNING COMMISSION AND CITY COUNCIL AFTER THE SlX MONTHS WITH A PROGRESS REPORT AND RECOMMENDATION WHETHER THE INCREASE TO 20 CARS WILL BE ACCEPTABLE. THE PARKING OF VEHICLES BE LIMITED TO THE PARKING LOT IMMEDIATELY SOUTH OF THE PROPOSED SPACE TO BE LEASED. 3. NO AUTO SALES SHALL BE ALLOWED ON THIS SITE. BUSINESS HOURS SHALL BE: 8 A.M. TO 6 P.M. - MONDAY THROUGH FRIDAY 9 A.M. TO 12 NOON - SATURDAY ON-SITE LIGHTING SHALL BE DIRECTED AWAY FROM THE RESIDENTIAL AREA IMMEDIATELY TO THE WEST. NO SIGNAGE SHALL BE ALLOWED ON THE WEST SIDE OF THE BUILDING AND PROPOSED WALL SIGNAGE SHALL CONSIST OF INDIVIDUAL LIT LEI'I'ERS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Greq Karnis Request for Conditional Use Permit for Restaurant/On-Sale Liquor, Public Hearinq Case No. CU 97-7 Steve Ach indicated Greg Karnis is requesting a conditional use permit to operate a Class I restaurant and have on-sale liquor at the current Bridgeman's location. Mr. Karnis plans to remodel the interior of the building and will open as a fine dining Italian restaurant. Staff suggests any site improvements be deferred based on the following: 1) the use of the building is not changing and will be maintained as a restaurant, 2) no expansions to the existing building are proposed at this time, and 3) long range plans for this area have not been fully analyzed and improvements may affect future sewer alignments or frontage roads. Steve discussed issues related to hours of operation, access off of 173rd and long range plans for this area. Steve noted one of the drainfields for the site extends onto the adjacent property. The building official has some concern with the Elk River City Council Minutes April 21, 1997 Page 11 operation of the septic system and compliance with the state requirements is a condition of approval of this application. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Greg Karnis, applicant, indicated he plans to open the restaurant mid- September. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY GREG KARNIS WITH THE FOLLOWING CONDITIONS: THE EXISTING SEPTIC SYSTEM BE INSPECTED AND REPAIRED TO MEET ALL OF THE STATE REQUIREMENTS PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. IN ORDER TO PRESERVE THE OPPORTUNITIES FOR A FUTURE FRONTAGE ROAD OR UTILITY CORRIDOR, NO BUILDING CONSTRUCTION SHALL OCCUR WITHIN THE NORTHEASTERLY 35 FEET EXTENDING FROM 173RD AVENUE NORTHWESTERLY TO THE NORTH PROPERTY LINE. AT THE TIME ANY BUILDING EXPANSION PLANS ARE PROPOSED, THE ENTIRE SITE SHALL BE REVIEWED FOR SITE IMPROVEMENTS WHICH MEET THE CITY'S CURRENT ORDINANCES. ANY MODIFICATIONS TO THE EXISTING SIGNAGE SHALL MEET THE CITY'S SETBACK REQUIREMENTS FOR FREESTANDING SIGNS AND CONSIST OF A MONUMENT STYLE WITH A MAXIMUM HEIGHT OF 20 FEET AND SIGN AREA OF 100 SQUARE FEET. A SITE PLAN BE SUBMITTED ILLUSTRATING HOW THE PARKING AREA WILL BE STRIPED. ALL DRIVE AISLE AND PARKING STALL DIMENSIONS SHALL CONFORM TO CITY STANDARDS. THE ACCESS POINT CLOSEST TO HIGHWAY 10 SHALL BE REMOVED AT THE TIME OF UPGRADING OF 173RD AVENUE, OR, AT THE TIME AN APPLICATION IS SUBMITTED TO EXPAND THE BUILDING, WHICHEVER OCCURS FIRST. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. T.S. Construction Request for Preliminary and Final Plat (Island View 4th Addition) Public Hearinq Case No. P 97-2 T.S. Construction has requested preliminary and final plat to subdivide approximately 17.49 acres into 4 single family lots. The property is located at County Road 35 and Fresno Street alignment (Brown's Greenhouse property). 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 APPROVE RESOLUTION 97-32, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ISLAND VIEW 4TM ADDITION WITH THE FOLLOWING CONDITIONS: Elk River City Council Minutes .April 21, 1997 Page 12 7.7. 7.8. 1. ALL THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED APRIL 10, 1997 BE INCORPORATED INTO THE PLAT. 2. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $534.72 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 3. PARK DEDICATION FEE IN THE AMOUNT OF $2400.00 BE PAID PRIOF~ TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY 4. ALL WETLANDS ON THE SITE BE DELINEATED AND TYPED WITH DRAINAGE AND UTILITY EASEMENTS GRANTED TO THE CITY OVER THE WETLANDS. 5. ALL COMMENTS OF THE SHERBURNE COUNTY DITCH INSPECTOR BE ADDRESSED AND INCORPORATED INTO THE PLAT. 6. ALL COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE ADDRESSED AND INCORPORATED INTO THE PLAT. 7. THE PLAT BE REVISED SO THAT THE PROPOSED LOCATIONS FOR ALL PRIMARY AND ALTERNATE SEPTIC SYSTEMS MEET THE SETBACK REQUIREMENTS FROM THE DNR CLASSIFIED STREAM. 8. THE PLAT BE REVISED TO SHOW PROPOSED LOCATIONS FOR WELLS ON EACH LOT. 9. ALL NON-CONFORMING STRUCTURES ON LOT 3 SHALL NOT BE EXPANDED OR ALTERED UNLESS THEY ARE RELOCATED SO THEY COMPLY WITH SETBACK REQUIREMENTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Kraus-Anderson of Elk River Request for Easement Vacationf Public Hearin,q Case No. EV 97-2 Kraus-Anderson of Elk River has requested vacating certain drainage and utility easements within the Elk Park Center Planned Unit Development. Vacation of the easement is requested due to modifications that have taken place in developing the center. These easements currently have no utilities located there, nor is there a need for future utilities. 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 APPROVE RESOLUTION 97-33, A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN ELK PARK CENTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Ordinance Amendment to Establish Minimum Lot Depths in Residential Districts, Public Hearinq Case No. OA 97-5 Elk River City Council Minutes April 21, 1997 Page 13 Scott Harlicker explained the city currently has no established minimum lot depth. Staff feels the proposed lot depth will provide more opportunity to preserve trees and vegetation in residential developments. The increase in minimum tot size in the R lc reflects the recommendation made by the Steering Committee during the Comprehensive Plan review. Amending the garage side setback in the R lb is proposed to be consistent with other urban service area single family residential districts. 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 ORDINANCE AMENDMENT OA 97-5 TO ESTABLISH MINIMUM LOT DEPTHS IN RESIDENTIAL DISTRICTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. W.J.C. Development Request for Final Plat (Oak Run), Public Hearinq Case No. P 96-15 W.J.C. Development Corp. is requesting final plat approval to subdivide approximately 9 acres into three 2-1/2 acre lots. The property is located at the southeast corner of 211th Avenue and Ogden Street. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hea~ing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 97-34, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR OAK RUN WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. ALL THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED JANUARY 17, 1997 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 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 WITH SHERBURNE COUNTY. Elk River City Council Minutes April 21, 1997 Page 14 o A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMll'rED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 7.10. 10. 10. A GRADING AND DEVELOPMENT PLAN BE PROVIDED SHOWING LOWEST FLOOR ELEVATION FOR HOMES ON LOTS 2 AND 3 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Derrick Investment Request for Conditional Use Permit to Amend the PUD Aqreement for Cottaqes of Elk River, Public Hearth.c1 Case No. P 96-19 (Withdrawn) City Planner Steve Ach indicated that Mr. Derrick has submitted a letter to the city requesting that his application to amend the PUD agreement be withdrawn. Mr. Derrick indicafed that the project will proceed as originally approved. Other Business Flood Damage Mayor Duitsman spoke with Don Heinzman regarding the city's effort to help flood victims. Pat Klaers indicated this issue will be discussed at the staff meeting on Tuesday, April 22nd. He expects the emergency preparedness directors in the region will be providing information as to what type of assistance is needed. This issued will be discussed further at next Monday night's City Council meeting. Staff Updates City Administrator Pat Klaers distributed a petition from JR Tech Automotive which was signed by several businesses along Highway 169 requesting a meeting on April 28, 1997, to discuss their opposition to the fencing along Highway 169 from 193rd Avenue to Main Street. He stated that the business owners were not aware of the fact that the fence would be extended all the way to Main Street. Adjournment There being no further business, COUNCILMEMBER FARBER 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 8:15 p.m. Elk River City Council Minutes April 21, 1997 Resp~ectfully su,b, mitted, Debbie Kleckner Recording Secretary Page 15