05-19-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 19, 1997
Members Present:
Mayor Duitsman; Councilmembers Dietz, Thompson, and
Holmgren
Members Absent: Councilmember Farber
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Peter
Beck, City Attorney; Kevin Johnson, City Attorney; Terry Maurer, City
Engineer; Steve Ach, City Planner; Paul Steinman, Director of
Economic Development; Tom Zerwas, Chief of Police; Jeff Asfahl,
Community Recreation Director; Bruce West, Fire Chief; Phil Hals,
Street/Park Superintendent; Scott Harlicker, Planning Assistant;
Steve Rohlf, Building and Zoning Administrator
Also Present: Bob Minton, Planning Commission Representative
1. Call Meetin.q 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.
2. Consider A,qenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MAY 19, 1997, CITY
COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
3. Consider Consent A.qenda
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.2.
3.3a.
3.3b.
3.3c.
3.4.
3.5.
3.6.
3.7.
3.8.
CHECK REGISTER - APPROVED
4/30/97 BOARD OF REVIEW MINUTES - APPROVED
4/21/97 SPECIAL JOINT COUNCIL MEETING MINUTES - APPROVED
5/5/97 REGULAR CITY COUNCIL MINUTES - APPROVED
5/12/97 SPECIAL CITY COUNCIL MINUTES - APPROVED
DAN FJORD REQUEST FOR VARIANCE, CASE NO. V 97-1 - WITHDRAWN
CAMAS MN REQUEST FOR CONDITIONAL USE PERMIT (MASONRY BLOCK
PLANT) CASE NO CU 97-8 - POSTPONED TO 6/2/97
PURCHASE OF TWO PORTABLE MONITORS FOR FIRE DEPARTMENT-
APPROVED
COUNCIL UPDATE ON ANNUAL FIRE DEPARTMENT OPEN HOUSE AND STREET
DANCE - PRESENTED
EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE CHAMBER OF
COMMERCE - APPROVED
Elk River City Council Minutes
May 19, 1997
Page 2
3.9a.
3.9b.
3.9c.
3.9d.
3.9e.
3.9f.
3.10.
3.11.
3.12.
3.13.
PAY ESTIMATE #5 TO MID AMERICAN CONTRACTING IN THE AMOUNT OF
$18,024.20 FOR WORK COMPLETED ON THE HILLSIDE CROSSING II PROJECT-
APPROVED
PAY ESTIMATE #1 IN THE AMOUNT OF $36,741 FOR THE NEW NORTHBOUND
LIQUOR STORE - APPROVED
PAY ESTIMATE #3 TO BAUERLY BROTHERS, INC. IN THE AMOUNT OF $83,664.81
FOR WORK COMPLETED ON THE HIGHWAY 10 FRONTAGE ROAD AND SIGNAL
PROJECT - APPROVED
PAY ESTIMATE #14 TO GRIDOR CONSTRUCTION, INC., IN THE AMOUNT OF
$53,748 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT
EXPANSION - APPROVED
PAY ESTIMATE #1 IN THE AMOUNT OF $34,691.81 TO RL EXCAVATING, INC.,
FOR WORK COMPLETED ON THE ORONO LAKE 3"D, JOPLIN STREET, AND
LOWELL AVENUE PROJECT - APPROVED
PAY ESTIMATE #11 TO M.A. MORTENSON IN THE AMOUNT OF $23,275 FOR
WORK COMPLETED ON THE ICE ARENA - APPROVED
PRELIMINARY AND FINAL PLAT REQUEST FOR HILLSIDE CROSSING SOUTH II BY
PHOENIX ENTERPRISES, PUBLIC HEARING CASE NO. P 97-7 - POSTPONED TO
JUNE 16, 1997
AUTHORIZATION FOR EXPENDITURE OF THE FOLLOWING FUNDS:
$300 FROM PARK DEDICATION FUNDS FOR FLOWER PLANTINGS AT CITY HALL
AND EDA SITE; $800 FROM HIGHWAY CORRIDOR FUND FOR FLOWER
PLANTINGS IN JACKSON SQUARE; $1,000 FROM LIBRARY FUND FOR FLOWER
PLANTINGS AT THE LIBRARY - APPROVED
PRELIMINARY AND FINAL PLAT FOR HOWARD DUNHAM, CASE NO. P 97-6 -
POSTPONED TO JUNE 16, 1997
RESOLUTION 97-41 ACKNOWLEDGING THE SUCCESS OF ELK RIVER'S FIRST
HERITAGE FESTIVAL AND ENDORSING THE UPCOMING SECOND ANNUAL
HERITAGE FESTIVAL - APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.1. Presentation of Economic Development Strateqic Plan
Director of Economic Development Paul Steinman explained that the Strategic
Plan was developed through a planning process which was facilitated by Jim
Brimeyer of the Brimeyer Group. Paul Steinman indicated that a Strategic
Planning Task` Force was selected in the fall of 1996 for the purpose of putting
together the city's first Economic Development Strategic Plan. Mr. Steinman
reviewed the steps that have been tak`en for the Strategic Plan to progress to the
point of presentation to the Council for final adoption. Paul Steinman explained
that the Task` Force has developed four major issues which affect the economic
growth of the City of Elk, River. These issues include industrial base, business
retention and growth, east Highway 10 development/redevelopment, and
downtown redevelopment. He reviewed the overall effect that the Strategic
Plan will have on economic development within the City of Ell< River. Paul
Steinman explained that Council adoption of the Economic Development
Strategic Plan will provide direction to staff to research the initiatives and
recommend actions to the responsible boards, commissions, and the City
Council. The initiatives include the following:
· rezoning of eight areas from current classification to business park`
and/or industrial development
Elk River City Council Minutes
May 19, 1997
Page 3
potential purchase of business park and/or industrial property by the
city
pursue construction of the new transportation corridor
support of the EDA/HRA's action to undertake the following activities:
0 redevelopment of east Highway 10 corridor and central
business district
0 continued financial commitment to the business incubator
project
0 completion of a focus study and market study in the central
business district.
Paul Steinman concluded by offering staff's recommendation to adopt the
Economic Development Strategic Plan as presented.
Mayor Duitsman opened this issue for public comment.
Tom Casey, attorney for Kathy Specht, indicated that his client had a concern
regarding condemnation of property. Mr. Casey quoted the January 21 EDA
minutes indicating the City Administrator's comments regarding what would
happen if the city could not reach agreement with a property owner for
purchase of property. Mr. Casey requested the Council to recommend the plan
to include voluntary acquisition of property only with no condemnation. Mr.
Casey further indicated that his client Kathy Specht requests that her property be
removed from the industrial plan.
Jeff Gongoll, Economic Development Authority Commissioner and Strategic
Planning Task Force member, thanked the members of the Task Force for their
dedication on the plan. He indicated that the plan will serve the city well, will
keep the city moving forward, and will add to the tax base when implemented.
He indicated he recommended approval of the plan.
Dick Gongoll, member of the Strategic Planning Task Force indicated that the
plan should be flexible and offer a commitment for orderly growth to the city.
Dick Gongoll indicated his support for the plan.
There being no further comments, Mayor Duitsman closed the public hearing.
Mayor Duitsman indicated that he endorses the Strategic Plan. He further stated
that condemnation was not discussed or considered in any detail and he did not
feel that the current Council could tie future Councils regarding the issue of
condemnation. He stated that condemnation is not an issue at this time, but that
it may be an issue in the future. He further indicated that the Strategic Plan is a
planning document and that prior to any rezoning taking place, each area
would be taken through the legally required process for consideration and review
by the Planning Commission and the City Council.
Councilmember Holmgren indicated that the city adopted its Growth Area
Management Plan in 1988 and stated that there have been modifications to that
plan. Councilmember Holmgren used the Growth Management Plan in
comparison with the Strategic Plan and stated that these are both plans and, in
regard to the Strategic Plan, it will probably not be implemented without
Elk River City Council Minutes
May 19, 1997
Page 4
revisions. Councilmember Holmgren indicated his support of the Economic
Development Strategic Plan.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE ECONOMIC DEVELOPMENT
STRATEGIC PLAN AS PRESENTED. COUNCILMEMBER THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
Kathy Specht indicated she did not agree with the Council's decision to adopt
the plan as presented. She stated that she was not interested in selling her
property and referred to previous discussions she had with staff members
regarding condemnation.
4.2. Donation from Elk River Lions Club
Wally Fox, representative of the Elk River Lions, presented the Fire Department
with a $5,000 check for purchase of an IRA system, $25,000 to the Street/Park
Superintendent for park development at Lions Park; $1,000 to the Chief of Police
for defibrillators for the police department vehicles; $2,000 to the City Clerk for the
4th of July Celebration; and $1,000 to the City Clerk for the Heritage Festival. Mr.
Fox indicated that over the last few years the Lions have contributed close to
$100,000 to the city, of which $75,000 has gone toward development of Lions
Park.
Mayor Duitsman thanked the Lions for their contributions to the City of Elk River.
4.3. Presentation of DARE Education Grant - Patsy Kropuenske
Patsy Kropuenske, Chair of the DARE Committee, presented the City Council with
a check in the amount of $4,000 which was received from a grant through the
Three Rivers Community Foundation. Patsy Kropuenske indicated that the money
is proposed to be used for the DARE Education Office Project.
Mayor Duitsman thanked the DARE Committee for the $4,000 donation.
4.4. Consider Ice Arena Commission Recommendation on Sub Floor Heatinq in the
4.5.
Locker Room Areas
The City Administrator requested the Council to postpone this issue until more
information is available. It was the consensus of the Council that this issue be
postponed indefinitely.
Consider Liquor Store Bid for Windows and Store Front
Mike Parsons of Greystone Construction indicated that Package #7 for the
Windows and Store Front of the new Northbound Liquor had been rebid. Mr.
Parsons indicated that by rebidding bid Package #7 the city saved $18,000.
COUNCILMEMBER HOLMGREN MOVED TO AWARD THE STORE FRONT AND WINDOW
CONTRACT TO GATEWAY AGC, INC. IN THE AMOUNT OF $44,080. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Elk River City Council Minutes
May 19, 1997
Page 5
4.6.
4.7.
4.8.
4.9.
Utilities Commission Update
Councilmember Dietz updated the Council on agenda items that were discussed
at the May 13, 1997, Utilities Commission meeting.
Community Recreation Update
Community Recreation Director Jeff Asfahl updated the City Council on
community recreation issues. He reviewed items that were discussed at the last
Community Recreation Board meeting such as the Youth Initiatives Mentoring
Program for youth, the fact that Community Recreation participation has
increased by 50 percent over the last few years, and informed the Council of a
special olympic program has been implemented to accommodate physically
challenged individuals.
Consider Resolution Approvin.q Plans and Specifications and Orderinq
Advertisement for Bids for the Hiclhway 169/197~h Avenue Siqnal
City Engineer Terry Maurer indicated that plans and specifications for the
signalization of Trunk Highway 169 and 197th Avenue have been completed. He
suggested that the bidding process be done concurrently with MnDOT review of
the plans and preparation of the signal funding agreement. He further indicated
that the estimated project cost for the signalization improvement is $195,000
which will be split equally between MnDOT and the City of Elk River.
Councilmember Dietz questioned whether it has been determined that this signal
is actually warranted at this time. The City Engineer indicated that the City
Council had authorized the plans and specifications. He further stated that the
bidding process can be completed with no expense to the city should the
Council decide not to proceed any further.
Councilmember Holmgren indicated that he felt the 193rd Avenue intersection is
already overly busy and that the signal is necessary and will help the intersection.
Councilmember Thompson stated that the traffic at the current time probably
does not warrant a signal, however, if a signal is installed, the intersection will be
used more frequently.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-42, A RESOLUTION
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT
FOR BIDS IN THE MATTER OF THE TRUNK HIGHWAY 169/197TM AVENUE SIGNALIZATION
IMPROVEMENT OF 1997. COUNCILMEMBER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
Consider Results of the 3rd Street/Gates Avenue 4-Way Stop Si.qn Study
City Engineer Terry Maurer stated that per Council request on April 7, 1997, an
analysis was done to determine if a 4-way stop sign is warranted at the
intersection of Gates Avenue and 3rd Street. Terry Maurer reviewed the criteria
found in the Minnesota Manual of Uniform Traffic Control Devices to determine
whether or not a location warrants the installation of stop signs. He stated that
Elk tliver City Council Minutes
May 19, 1997
Page 6
based on the fact that none of the warrants for 4-way stop control are met at this
intersection, if is staff's recommendation that the stop signs not be added at
northbound and southbound Gates Avenue at this time.
Councilmember Holmgren indicated that he did not concur with the City
Engineer's conclusion. He stated that there have been many accidents at this
intersection and in order to prevent a tragedy he feels a stop sign should be
considered. Councilmember Holmgren suggested stopping the traffic on Main
Street to alleviate the problem of no break in the traffic at the location of Gates
Avenue and 3rd Street. ·
Mayor Duitsman indicated that he did not support a 4-way stop sign at 3rd Street
and Gates Avenue, however, he would consider authorizing the City Engineer to
evaluate the intersection.
It was the consensus of the Council to authorize the City Engineer to evaluate a
temporary stop sign at Main Street in order to study the situation to see if this cuts
down on the amount of continuous traffic at 3rd Street and Gates Avenue.
4.10. Consider Special Meetinq Dates
COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL
ON JUNE 9, 1997, AT 7 P.M. OR IMMEDIATELY FOLLOWING THE EDA MEETING TO
MEET JOINTLY WITH THE PARK AND RECREATION COMMISSION TO REVIEW THE
RESULTS OF THE DECISION RESOURCES SURVEY. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
It was the consensus of the Council to reserve the June 2, 1997, Council meeting
for the discussion of capital improvements.
It was the consensus of the Council to consider meeting with MnDOT officials on
June17,18, or19.
5. Open Mike
Cecilia Scheel, 10271 213th Avenue NW, indicated her concern about Kathy
Specht's property being included in the Economic Development Strategic Plan
and land owners rights.
Steven Klonowski indicated his concern about contractors paying prevailing
wages in relation to the city municipal liquor store project. He requested the
Council to consider adopting the prevailing wage rates in the City of Elk River so
that the prevailing wage rates will be used for future construction projects.
Mayor Duitsman indicated that he has received comments for and against
prevailing wage rates and indicated that the city would review this issue at a
later date.
Elk River City Council Minutes
May 19, 1997
Page 7
6.2.
6.3.
Bauerly Bros. Request for Conditional Use Permit for Mineral Excavation, Public
Hearincl Case No. CU 97-2
Building and Zoning Administrator Steve Rohlf indicated that Bauerly Bros. is
requesting a conditional use permit to excavate gravel from an approximately
151 acre site located east of Highway 169 and south of 225th Avenue. Steve Rohlf
reviewed the staff report on this request.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
Planning Commission Representative Bob Minton indicated that the Planning
Commission recommended approval of the conditional use permit, however the
Planning Commission felt that the grading of 225th Avenue should be completed
by November, 1998.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY BAUERLY BROS., INC., FOR MINERAL EXCAVATION CONTINGENT
UPON THE CONDITIONS BEING MET AS LISTED IN THE CONDITIONAL USE PERMIT AND
BAUERLY BROS. BEING RESPONSIBLE FOR FIVE INCHES OF CLASS 5 AND THREE
INCHES OF BITUMINOUS ON 225TM AVENUE. COUNCILMEMBER DIETZ SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
Ell< River Landfill Request for Renewal of Solid Waste Facility License, Public
Hearin.q Case No. CU 97-9
Building and Zoning Administrator Steve Rohlf indicated that the Ell< River Landfill is
requesting an amendment to their current conditional use permit and to renew
the solid waste facility license. Steve Rohlf reviewed the staff report on this
request. He further indicated that the issues of concern have been addressed in
the solid waste facility license and conditional use permit.
Planning Commission Representative Bob Minton indicated that the Planning
Commission recommended approval.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
Vicki Kreger approached the Council and stated that she appreciated staff's
support while going through the process of renewing the solid waste facility
license.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
AND SOLID WASTE LICENSE FOR THE ELK RIVER LANDFILL CONTINGENT UPON
REVISING THE PROPOSED PERMIT AND SOLID WASTE FACILITY LICENSE WITH MPCA
TO REFLECT A MAXIMUM FINISHED ELEVATION OF 1,120 FEET ABOVE MEAN SEA
LEVEL. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
Request for Administrative Subdivision by Joseph Barsody, Public Hearin.q Case
No. AS 97-1
Elk River City Council Minutes
May 19, 1997
Page 8
This issue has been postponed to June 16, 1997.
6,4.
Request for Easement Vacation by Cletus Weatherly, Public Hearin.q Case No. EV
97-3
Planning Assistant Scott Harlicker indicated that Cletus Weatherly is recluesting to
vacate a drainage easement at the location of 19785 Zebulon Street. Scott
Harlicker reviewed the 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 DIETZ MOVED TO ADOPT RESOLUTION 97-43, A RESOLUTION FOR
THE CITY OF ELK RIVER VACATING A DRAINAGE EASEMENT, CASE NO. EV 97-3, FOR
CLETUS WEATHERLY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
6.5. Request for Preliminary and Final Plat IOak Hills) Public Hearinq Case No. P 97-3
City Planner Steve Ach indicated that John Lundberg is requesting preliminary
and final plat approval to subdivide ten acres into three single family lots at the
location of the northeast corner of County Road 1 and the 207~h Avenue
alignment. Steve Ach reviewed the staff report on this request.
Planning Commission Representative Bob Minton indicated that the Planning
Commission recommended approval of the preliminary plat.
Mayor Duitsman opened the public hearing.
Gary Santwire, 650 Dodge Avenue, representing the developer John Lundberg,
requested the following revisions to the conditions of the final plat:
4. Because only two lots were being created he requested that park
dedication be paid for two lots instead of three lots.
8. To keep the existing fuel dispensing tank on Lot 2
9. The option to have the existing well certified and to use the new well
on Lot 3.
There being no further business, Mayor Duitsman closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST
BY JOHN LUNDBERG. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-44 GRANTING
FINAL PLAT FOR OAK HILLS (P97-3) WITH THE FOLLOWING CONDITIONS:
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS FOR CONSTRUCTION OF 207m AVENUE, AS WELL AS
THE PLAT.
Elk River City Council Minutes
May 19, 1997
Page 9
ALL CONDITIONS OUTLINED IN THE CITY ENGINEER'S MEMO DATED APRIL 17,
1997, BE INCLUDED AND PROVIDED TO STAFF PRIOR TO RECORDING THE PLAT
WITH THE COUNTY.
A DEVELOPMENT PLAN BE SUBMITTED IDENTIFYING THE LOWEST FLOOR
ELEVATIONS OF THE PROPOSED HOMES.
PARK DEDICATION BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF RECORDING THE FINAL PLAT BASED ON THE TWO ADDITIONAL LOTS.
A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RECORDING THE
PLAT WITH THE COUNTY.
ANY ACCESS OFF OF COUNTY ROAD NO. 1 TO SERVE LOT 1 MUST BE
RECEIVED FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT; OTHERWISE,
ACCESS TO COUNTY ROAD NO. 1 WILL BE RESTRICTED.
PRIOR TO RECORDING THE PLAT WITH THE COUNTY, THE EXISTING GARAGE
ON THE LOT LINE BETWEEN LOTS 2 AND 3 BE REMOVED.
o
THE EXISTING FUEL DISPENSING TANK AND ANY UNDERGROUND TANKS BE
REMOVED, WITH THE EXCEPTION OF LOT 2, PRIOR TO RECORDING THE PLAT
WITH THE COUNTY.
ANY EXISTING WELLS ON LOT 3 BE CERTIFIED TO MEET STATE CODE AND BE
CAPPED AND CLOSED ACCORDING TO STATE BUILDING CODE.
10.
LOTS 1 AND 2 HAVE DRAINAGE EASEMENTS INCLUDED WHICH ENCUMBER
THE EXISTING WETLAND ON THE NORTH AND THE MAN-MADE POND ON THIS
SOUTH END OF LOT 2.
11.
A SEALCOATING FEE BE PAID IN THE AMOUNT DETERMINED BY THE CITY
ENGINEER FOR 207TM AVENUE.
12.
A TEMPORARY EASEMENT BE GRANTED TO THE CITY FOR CONSTRUCTION OF
THE TEMPORARY CUL-DE-SAC.
13.
THE INTERSECTION DESIGN OF 207TM AVENUE AND COUNTY ROAD NO. 1
INCLUDE THE APPROPRIATE GEOMETRICS AS APPROVED BY THE CITY
ENGINEER AND ANY ADDITIONAL RIGHT-OF-WAY THAT IS NECESSARY BE
ACQUIRED BY THE APPLICANT.
14.
15.
NECESSARY DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY TO
ALLOW DRAINAGE THROUGHOUT THE PLAT AS WELL AS OFF SITE LOCATIONS.
STREET LIGHTS BE PROVIDED ALONG 207TM AS REQUIRED BY ELK RIVER
MUNICIPAL UTILITIES.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.6.
Request for Administrative Subdivision by Astrid McBeath, Public Hearin.q Case No.
AS 97-3
Elk River City Council Minutes
May 19, 1997
Page 10
6.7.
This issue has been postponed to the June 16, 1997, City Council meeting.
Request for Administrative Subdivision by Edie Martin/Nellie Sachs, Public Hearin.q
Case No. AS 97-2
Planning Assistant Scott Harlicker stated that Nellie Sachs has requested an
administrative subdivision to subdivide a 21.65 acre parcel into a 6.05 acre parcel
and a 15.6 acre parcel at the location of 13373 Meadowvale Road. Scott
Harlicker reviewed staff report for this issue.
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 NELLIE SACHS WITH THE FOLLOWING CONDITIONS:
DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER 10 FEET
AROUND THE PERIMETER OF THE SITE. A DRAINAGE EASEMENT IS ALSO
NEEDED OVER THE POND LOCATED ON THE 6 ACRE PARCEL.
A GRANT OF EASEMENT BE PREPARED AND EXECUTED GRANTING 50 FEET OF
RIGHT-OF-WAY ALONG COUNTY ROAD 1, INCLUDING BOTH PARCELS;
ADDITIONAL RIGHT-OF WAY WILL ALSO BE REQUIRED ALONG COUNTY
ROAD 32 PER SHERBURNE COUNTY AND THE CITY.
PROPOSED LOCATIONS FOR THE WELL, PRIMARY AND ALTERNATE SEPTIC
SYSTEMS SHALL BE SHOWN ON THE PROPOSED 6 ACRE PARCEL.
PARK DEDICATION FEE IN THE AMOUNT OF $600 SHALL BE PAID TO THE CITY
PRIOR TO RECORDING THIS SUBDIVISION WITH SHERBURNE COUNTY.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $66.83 SHALL BE
PAID TO THE CITY PRIOR TO RECORDING THIS SUBDIVISION WITH SHERBURNE
COUNTY.
o
THE APPLICANT SHALL RECEIVE ALL NECESSARY COUNTY PERMITS IN ORDER
TO ALLOW ACCESS FROM COUNTY ROAD 1 TO THE PROPOSED 6 ACRE LOT.
°
A LEGAL DESCRIPTION OF THE 15.6 ACRE PARCEL BE PROVIDED PRIOR TO
RECORDING THIS SUBDIVISION WITH SHERBURNE COUNTY.
10.
11.
THE SITE PLAN OF THE PROPERTY BE REVISED TO SHOW THE LOT LINE
ADJUSTMENT THAT WAS DEEDED TO THE ADJACENT 5 ACRE PARCEL TO THE
WEST.
ALL COMMENTS FROM THE SHERBURNE COUNTY ENGINEERING DEPARTMENT
BE ADDRESSED PRIOR TO RECORDING THIS SUBDIVISION WITH SHERBURNE
COUNTY.
12.
ALL COMMENTS FROM THE CITY ENGINEER BE ADDRESSED PRIOR TO
RECORDING THIS SUBDIVISION WITH SHERBURNE COUNTY.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. -_
Elk River City Council Minutes
May 19, 1997
Page 11
6.8.
L&W L.L.C. Request for Conditional Use Permit, Public Hearinq Case No. CU 97-10
L&W L.L.C. Request for Variance, Public Hearinq Case No. V 97-3
City Planner Steve Ach indicated that L&W Limited Liability Company is
requesting a variance to the commercial architectural standards and a seven
foot variance to the ten foot parking setback requirement at the location of the
northwest corner of Highway 10 and 173rd Avenue, directly behind Bridgeman's
restaurant. Steve Ach reviewed the staff report on the variances. He indicated
that the Board of Adjustments reviewed both variance requests and
recommended denying the requests based on the following findings:
Ao
Deny the request for a 7' variance to the 10' parking setback requirement
based on the following findings:
The previous approved plans indicated the 10' parking setback must be
met as part of the upgrading of the parking lot.
There are no special conditions or circumstances on site which would
prevent the parking setback from being established.
o
The applicant would not be deprived any reasonable use of the property
if the parking setback is maintained.
Other properties making similar expansion are required to meet the 10
foot setback requirements.
Deny the request for a variance regarding the architectural standards based on
the following findings:
New buildings being constructed within the commercial zoning district
along the east Highway 10 corridor are required to meet the current
performance standards or receive a variance.
°
There are no special or extraordinary conditions or circumstances on the
site which would prevent the building from meeting the current
performance standards.
The Comprehensive Plan has identified the east Highway 10 corridor as an
area that needs to be considered for insuring quality development
through enhanced performance standards.
Conditional Use Permit
Steve Ach indicated that L&W Limited Liability Company is requesting a
conditional use permit to operate an auto body repair and to construct a second
principle building on the same lot at the location of the northwest corner of 173rd
Avenue and Highway 10. Steve Ach reviewed the staff report on this issue. Issues
of concern included future road improvements, site improvements, and location
of septic and well. Steve Ach indicated that the Planning Commission reviewed
the request and recommended approval.
Elk River City Council Minutes
May 19, 1997
Page 12
Mayor Duitsman opened the public hearing for the variance requests and the
conditional use permit.
John Weicht, 13330 Island View Drive, representing L&W, presented a letter for the
record in regard to the location of the septic system drainfield easement
between Bridgeman's restaurant and L&W, L.L.C. John Weicht indicated that the
aesthetics of the building was important and that the matching of the new
building to the existing building would be more aesthetically pleasing. John
Weicht discussed the drain field issues. Mr. Weicht further indicated that he
would prefer not to move the building to accommodate a second drain field. He
stated that the businesses use a minimal amount of water.
Tom Wistrom, 13287 198 1/2 Circle, indicated he is partial owner of L&W. Mr.
Wistrom addressed the curb issue.
There being no further comments, Mayor Duitsman closed the public hearing.
Planning Commission Representative Bob Minton indicated that the Planning
Commission recommended denial of the variances as they did not feel the
variances met the definition of a hardship. He further indicated that the Planning
Commission recommended approval of the conditional use permit.
Mayor Duitsman indicated that he would not support the variance request nor
would he support the conditional use permit until some of the issues are resolved.
COUNCILMEMBER HOLMGREN MOVED TO DENY THE REQUEST FOR A COMMERCIAL
ARCHITECTURAL VARIANCE AND A PARKING SETBACK VARIANCE AS REQUESTED BY
L&W LIMITED LIABILITY COMPANY BASED ON THE FINDINGS PREVIOUSLY STATED IN
THESE MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY L&W LIMITED LIABILITY COMPANY TO OPERATE AN AUTO BODY
REPAIR AND TO CONSTRUCT A SECOND PRINCIPLE BUILDING ON THE SAME LOT
CONTINGENT UPON THE FOLLOWING CONDITIONS BEING MET:
THE PROPOSED SITE PLAN BE REVISED TO DEMONSTRATE SUFFICIENT
LOCATION FOR A PRIMARY AND SECONDARY DRAINFIELD FOR BOTH
COMMERCIAL BUILDINGS.
THE SITE PLAN SHALL DEMONSTRATE A DESIGN THAT MEETS THE CITY'S
DIMENSIONAL REQUIREMENTS FOR PARKING AND DRIVE AISLE WIDTHS.
NO LANDSCAPING SHALL BE PLACED IN AREAS WHERE THERE WILL BE A
DRAINFIELD.
THE PARKING SETBACK ALONG 173RD BE MEASURED FROM THE PLANNED
RIGHT OF WAY OF 80 FEET.
DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO
COMMENCING WORK ON SITE. THIS PLAN SHALL INCLUDE THE NECESSARY
DETENTION AND QUALITY CONTROL POND AS REQUIRED BY THE CITY
ENGINEER.
Elk River City Council Minutes
May 19, 1997
Page 13
6.10.
6.11.
6. ALL OUTDOOR STORAGE BE CONFINED TO THE FENCED AREA.
THE BRIDGEMAN'S SEPTIC SYSTEM, WHICH ENCROACHES ONTO THIS
PROPERTY, SHALL HAVE AN EASEMENT ESTABLISHED OVER IT AND RECORDED
PRIOR TO ISSUANCE OF A BUILDING PERMIT.
o
THE ORDINANCE AMENDMENT ALLOWING DEVELOPMENT WITHIN THE URBAN
SERVICE AREA PRIOR TO CITY SEWER AND WATER BE APPROVED BY THE CITY
COUNCIL.
NO ROOF DRAINAGE FROM THE PROPOSED BUILDING SHALL BE DIRECTED
ONTO THE AREA OF THE EXISTING DRAINFIELD.
10.
ALL SEPTIC EASEMENT ISSUES BE RESOLVED BETWEEN THE PROPERTY OWNERS
PRIOR TO ISSUANCE OF A BUILDING PERMIT.
11.
ADDITIONAL LANDSCAPING BE INCLUDED BETWEEN THE PROPOSED
BUILDING AND THE BRIDGEMAN'S RESTAURANT IMMEDIATELY TO THE WEST.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-1.
Mayor Duitsman opposed.
Request for Final Plat Approval (Hillside Estates 6th) by Phoenix Enterprises, Case
No. P 97-4
Request for Final Plat Approval (Hillside Estates 7th) by Phoenix Enterprises, Case
No. P 97-5
City Planner Steve Ach indicated that Phoenix Enterprises is requesting final plat
approval for Hillside Estates 6th Addition at the location of 197th Avenue and
Auburn Street. He indicated that this plat consists of 27 lots along with the
construction of 197th Avenue, Auburn Street, and a short cul-de-sac in the middle
of the plat.
Steve Ach stated that Phoenix Enterprises is also requesting final plat for Hillside
Estates 7th Addition at the location of 197th Avenue and Baldwin Circle. He
indicated that this final plat consists of 18 lots and the extension of 197th Avenue
and construction of Baldwin Circle.
Steve Ach reviewed the staff reports on both of these requests.
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 97-45, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 6TM ADDITION.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION 97-46, A
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 7TM ADDITION.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Elk l~iver City Council Minutes
May 19, 1997
Page 14
6.12.
Request for Final Plat Approval by Windsor Development (Lafayette Woods 2nd
Addition), Case No. P 97-9
City Planner Steve Ach indicated that Windsor Development has made a request
for final plat for Lafayette Woods 2nd Addition at the location of Proctor Avenue
and west of Ridgewood Addition. The final plat will consist of Phase I of the
preliminary plat and will include 75 single family lots and the construction of the
necessary streets to provide services. He stated that the second phase will
include a total of 51 lots which will also involve additional street construction.
Steve Ach reviewed staff report on this request. Steve Ach indicated that there
has been a concern raised by the Ridgewood development. He indicated that it
has been suggested that a fence be erected along the north property line to
separate Lafayette Woods from the Ridgewood development.
Mayor Duitsman requested public comment on this issue.
Mayor Duitsman indicated that due to oak wilt the developer has had to clean
out several oak trees immediately south of the Ridgewood subdivision. Mayor
Duitsman indicated that the ski hill is now more open to the public. He stated
that the residents of Ridgewood are concerned that the ski hill will be used by the
people in the new development. He further stated that the residents have
suggested the construction of a fence to prevent the public from using the ski hill.
Ron Bastyr, developer, indicated that he was opposed to constructing a fence.
He informed the Council that he chose to donate land to the city as park land to
preserve the trees and to give a buffer to the people in the Ridgewood area. He
stated he felt that this was a generous gift to the city as he is also paying park
dedication and constructing sidewalks.
Mayor Duitsman indicated that there will be an issue in regard to enforcing
trespassing if a fence is not constructed.
Councilmember Holmgren indicated his concern regarding the material left on-
site from the Brady residence and the condition of the road.
Jim Hamilton indicated he lived on Rush Street next to the ski hill. Mr. Hamilton
stated that he was not entirely in favor of a fence, however, he indicated that
something is needed to obtain integrity between the two developments. He
suggested planting a berm to divide the two developments.
George Cowles, 1973 Rush Street, indicated he does not feel a berm will work. He
further indicated he would Ilke to see a stop sign installed at the intersection of
Proctor and the entrance to the development.
Mayor Duitsman suggested that the Ridgewood property owners meet with the
developer and city staff to work together toward a solution.
Tom Bender 12516 Ridgewood Drive, indicated that if the ski hill cannot be
protected from new residents it will have to be closed down.
Elk River City Council Minutes
May 19~ 1997
Page 15
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 97~47, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS 2~D ADDITION, CASE NO.
P 97-9 WITH THE FOLLOWING CONDITIONS:
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING TERMS
AND CONDITIONS FOR PLAT APPROVAL.
ALL OF THE CONCERNS AND COMMENTS OUTLINED BY THE CITY ENGINEER
BE ADDRESSED AND INCORPORATED INTO THE FINAL PLANS FOR THE
DEVELOPMENT.
A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER
MUNICIPAL UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
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 THE
COUNTY.
A SEALCOATING FEE IN THE AMOUNT DETERMINED BY THE CITY ENGINEER BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
PARK DEDICATION FEE BE PAID ON A PER LOT BASIS. THIS FEE WILL NEED TO
BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
o
PRIOR TO ISSUANCE OF A BUILDING PERMIT, A GRADING AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER.
o
DEVELOPER PAY ANY OUTSTANDING LEGAL AND ENGINEERING FEES
ASSOCIATED WITH THE REVIEW OF THIS PLAT PRIOR TO RECORDING THE PLAT
WITH THE COUNTY.
A LETTER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY TO COVER THE
COSTS OF IMPROVEMENTS SHALL BE SUBMI'FI'ED PRIOR TO RELEASING THE
PLAT FOR RECORDING.
10.
SIDEWALKS SHALL BE INSTALLED ALONG UPLAND AVENUE FROM COUNTY
ROAD NO. 1 TO THE TERMINUS OF UPLAND AVENUE.
11.
A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE
PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE
CITY COUNCIL PRIOR TO THE FINAL PLAT APPROVAL OF THAT PHASE CLOSEST
TO RIDGEWOOD SUBDIVISION.
12.
APPROPRIATE WETLAND PERMITS BE OBTAINED PRIOR TO CONSTRUCTION
OCCURRING WITHIN OR ADJACENT TO WETLAND AREAS.
13. CLEAN UP DEBRIS AROUND SITE OF FORMER BRADY HOUSE.
14.
THAT THE DEVELOPER WORK WITH THE RIDGEWOOD PROPERTY OWNERS TO
ADDRESS THE SECURITY ISSUE ALONG THE NORTH LIMITS OF THE PLAT. THIS
SHOULD BE PRESENTED TO THE CITY COUNCIL WITH THE NORTHERLY PHASE OF
LAFAYETTE WOODS WHEN FINAL PLATTED.
Elk River City Council Minutes
May 19, 1997
Page 16
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Councilmember Holmgren stated that if the developer is willing to pay for the
trees as an extra expense, the city should not make him responsible for
construction of a fence. He further indicated that if the residents want a fence
the fence should be provided by the residents.
THE MOTION CARRIED 3-0-1. Mayor Duitsman abstained due to a conflict of
interest as he lives in the Ridgewood development.
6.13. City of Elk River Request for Ordinance Amendment Relatinq to Development
6.14.
Within the Urban Service District Prior to Availability of Water and Sewer, Public
Hearinq Case No. OA 97-8
City Planner Steve Ach indicated that the proposed ordinance amendment
addresses the issue of allowing existing businesses within the urban service district
the availability to expand or add additional principle buildings prior to the
availability of city sewer and water. He indicated that the ordinance
amendment will continue to manage the development of vacant commercial
and industrial lands within the urban service district by requiring city sewer and
water. The ordinance will also permit, through the conditional use permit, existing
businesses to either expand or add an additional principle structure on the same
parcel.
Planning Commission Representative Bob Minton stated that the Planning
Commission recommended approval of the ordinance amendment.
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 97-9, AN
ORDINANCE AMENDING SECTION 900.20 OF THE CITY OF ELK RIVER CODE OF
ORDINANCES RELATING TO DEVELOPMENT WITHIN THE URBAN SERVICE DISTRICT
PRIOR TO SEWER AND WATER AVAILABILITY. COUNCILMEMBER THOMPSON
SECONDED THE MOTION.
Councilmember Dietz indicated his concern of consistency regarding this issue in
the western area and the eastern area. He indicated that because the eastern
area is referring to existing buildings, he would vote in favor of the amendment.
THE MOTION CARRIED 4-0.
City of Elk River Request for Ordinance Amendment Establishin.q Sale of Firearms
as a Permitted Use in Cl and C3 Zoninq Districts, Public Hearin.q Case No. 97-6
Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting
an ordinance amendment which would establish the sale of firearms as a
permitted use in the central commercial and highway commercial districts. He
stated that the proposed ordinance amendment would eliminate confusion as to
whether the sale of firearms is classified as a retail use or a separate classification.
He indicated that the Planning Commission recommended approval of the
ordinance amendment.
Elk River City Council Minutes
May 19, 1997
Page 17
6.15.
o
4.11.
Mayor Duitsman opened the public hearing. There Deing no one for or against
the matter, Mayor Duitsman closed the puDlic hearing.
COUNClLMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-10 AMENDING SECTION
900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ESTABLISHING SALE OF
FIREARMS AS A PERMII'I'ED USE IN THE C1 AND C3 ZONING DISTRICTS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
City of Elk River Request for Ordinance Amendment Reqardin.q
Telecommunication Towers, Public Hearin.q Case No. OA 97-7
Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting
an ordinance amendment to regulate telecommunication towers and antennas.
Scott Harlicker 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.
Planning Commission Representative Bob Minton indicated that the Planning
Commission recommended approval of the ordinance amendment following
two public hearings.
Mayor Duitsman indicated his concern regarding co-locations and allowing staff
discretion to authorize the location of the towers.
COUNClLMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-11 AMENDING
SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES
RELATING TO DEFINITIONS AND PERMII'rED ACCESSORY AND CONDITONAL USES IN
THE AT/ANTENNA TOWER OVERLAY DISTRICT. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Other Business
Councilmember Thompson indicated he received an invitation from
Representative Bruce Anderson to attend a meeting on youth issues and
encouraged the other Councilmembers and the Mayor to attend.
City Engineer Update on Construction Projects
City Engineer Terry Maurer updated the Council on several construction projects
which are taking place at this time.
Staff Updates
There were no staff updates.
Elk River City Council Minutes
May 19, 1997
Page 18
9. Adjournment
There being no further business, COUNClLMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNClLMEMBER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
The meeting of the Elk River City Council was adjourned at 9:15 p.m.
Respectfully submitted,
Sandra Thackeray
City Clerk