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07-21-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 21, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Steve Ach, City Planner; Scott Harlicker, Planning Assistant; Terry Maurer, City Engineer; Dave Sellergren, City Attorney; RJch Czech; Ice Arena Manager; Phil Hals, Street/Park Superintendent Also Present: Judy Thompson, Planning Commission Representative; Members of the Park and Recreation Commission 1. Call Meeting 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 Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE AGENDA WITH THE FOLLOWING ADDITIONS: 8.1. TRANSPORTATION AGREEMENT UPDATE ON PROJECTS BY CITY ENGINEER DISTRIBUTION OF EASTERN AREA FEASIBILITY STUDY COUNCILMEMEBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 3. Consider Consent Agenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1, 3.2. 3.3. 3.4. CHECK REGISTER - APPROVED 7/14/97 CITY COUNCIL MINUTES- APPROVED SOLID ROCK CHURCH REQUEST FOR GENERAL PLANNING PERMIT/TEMPORARY USE GOSPEL REVIVAL MEETING, CASE NO. GP 97-4 - APPROVED CPDC REQUEST FOR LAND USE AMENDMENT, PUBLIC HEARING CASE NO. LU 97-3 - POSTPONED TO 9/15/97 - APPROVED CPDC REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-1 - POSTPONED TO 8/18/97 - APPROVED CPDC REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-11 - POSTPONED TO 9/15/97 - APPROVED Elk River City Council Minutes July 21, 1997 Page 2 3.7. 3.8a. 3.8b. 3.8c. 3.8d. 3.8e. 3.8f. 3.8g. CPDC REQUEST FOR PRELIMINARY PLAT APPROVAL (TROTI' BROOK FARMS), PUBLIC HEARING CASE NO. P 97-8 - POSTPONED TO 9/15/97- APPROVED PAY ESTIMATE #4 TO W.B. MILLER IN THE AMOUNT OF $91,436.17 FOR WORK COMPLETED ON THE 171sT AVENUE PROJECT-APPROVED PAY ESTIMATE #5 TO BAUERLY BROS. INC. IN THE AMOUNT OF $235,954.05 FOR WORK COMPLETED ON THE HIGHWAY 10 FRONTAGE ROAD AND SIGNAL - APPROVED PAY ESTIMATE #3 TO R.L. LARSON EXCAVATING, INC., IN THE AMOUNT OF $164,113.08 FOR WORK COMPLETED ON THE ORONO LAKE 3"D, JOPLIN STREET, AND LOWELL AVENUE PROJECTS - APPROVED PAY ESTIMATE #16 TO GRIDOR CONSTRUCTION, INC., IN THE AMOUNT OF $89,295 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED PAY ESTIMATE #2 TO SEVERAL CONTRACTORS IN THE AMOUNT OF $171,112 FOR WORK COMPLETED ON THE NORTHBOUND LIQUOR STORE PROJECT - APPROVED PAY ESTIMATE #12 TO M.A. MORTENSON IN THE AMOUNT OF 518,922 FOR WORK COMPLETED ON THE ICE ARENA EXPANSION - APPROVED PAY ESTIMATE #1 TO RICHARD KNUTSON, INC., IN THE AMOUNT OF $78,279.93 FOR WORK COMPLETED ON THE HIGHLAND ROAD TRUNK WATER MAIN - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Park and Recreation Master Plan Update/Public Hearin.q City Administrator Pat Klaers indicated that the city is holding a public hearing to consider an update of the Park and Recreation Master Plan. Park and Recreation Commission Chair Dana Anderson reviewed the major components of the Master Park Plan which included neighborhood parks, athletic complexes, linear parks, and other parks. He indicated that the Master Plan is a working document to plan future needs and growth of the City of Ell< River. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his concern with the deviation of the original trail system. He indicated that one of the original trails was relocated and now runs through Cargill property. Building and Zoning Administrator Steve Rohlf indicated that the change was necessary due to the City of Ramsey changing their trail plan. Mayor Duitsman further indicated that he felt there should be some indication that there is a potential for a roadway in Woodland Trails Park. Steve Rohlf suggested adding the potential roadway to the Woodland Trails Park map. The City Administrator indicated that the Plan is on file for public inspection at City Hall and at the Library and that the updated plan is consistent with the results of the recent community survey. Elk River City Council Minutes July 21, 1997 Page 3 MAYOR DUITSMAN MOVED TO ADOPT THE MASTER PARK PLAN AS AN ADDENDUM TO THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN WITH THE STIPULATION THAT THE POSSIBILITY OF A POTENTIAL ROADWAY IN WOODLAND TRAILS PARK BE NOTED ON THE WOODLAND TRAILS PARK MAP. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Ice Arena Public Address System Ice Arena Manger Rich Czech reviewed the quotes that were received for the Ice Arena public address system. He indicated that Pro Sound Communications submitted a bid in the amount of $13,571 and EMI Audio submitted a bid in the amount of $11,457. Rich Czech reviewed the differences in these two systems and indicated that he felt the quality of the system from Pro Sound would best serve the city and recommended that the Council approve the quote from Pro Sound Communications. Councilmember Dietz indicated that he would like to make a formal request to the School District for the school contribution to the PA system. COUNCILMEMBER FARBER MOVED TO ACCEPT THE QUOTE FOR PURCHASE AND INSTALLATION OF THE PRO SOUND COMMUNICATION PA SYSTEM IN THE AMOUNT OF $13,571 AND TO FORMALLY REQUEST THE SCHOOL DISTRICT TO CONTRIBUTE TO THIS SYSTEM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2a. Consider Liquor Store Quotes for Counter and Cabinets COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE QUOTE FROM ZROKA CABINET AND FIXTURES COMPANY IN THE AMOUNT OF $7,106 FOR THE PURCHASE AND INSTALLATION OF CABINETS AT NORTHBOUND LIQUOR STORE AND TO ACCEPT THE QUOTE OF $5,840 FROM FRITZ COUNTERTOPS, INC., FOR THE PURCHASE AND INSTALLATION OF COUNTERTOPS AT THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2b. Security System COUNCILMEMBER FARBER MOVED TO ACCEPT THE BID FROM WELLINGTON SECURITY SYSTEMS IN THE AMOUNT OF $14,161 FOR PURCHASE AND INSTALLATION OF SECURITY SYSTEMS AT THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dietz questioned how Elk River Utilities would compare in price with Wellington Security Systems for monitoring the system. The City Council requested the City Administrator to review the monitoring costs from Elk River Utilities and Wellington Security Systems. 5.3. Consider 1997 Seal Coat Bids City Engineer Terry Maurer stated that the city received three bids for the 1997 Seal Coat Program. He indicated that the Iow bidder was Bituminous Roadway, Inc., in the amount of $26,947.38 and recommended that the Council award the bid to Bituminous Roadway, Inc. Elk River City Council Minutes July 21, 1997 Page 4 COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-61, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COAT IMPROVEMENT OF 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Approval to Use Electronic Votinq Machines for September 23, 1997, Referendum The City Clerk informed the Council that the city will not be using electronic voting machines at the September 23rd referendum and requested that this item be withdrawn from the agenda. 5.5. Consider Gamblinq Ordinance Reqardinq Number of Premise Permits Per Premise The City Clerk indicated that the city's Charitable Gambling Ordinance has recently be amended to allow only one premises permit per establishment for the sale of pull tabs. She stated that following the adoption of the ordinance amendment, staff became aware that there are presently two premises permits operating at the Eagles Club. She further indicated that the Eagles have stated that their situation is different as the two gambling organizations do not sell pull tabs simultaneously. The City Clerk indicated that representatives from the VFW and Eagles were present. Bill Konop, VFW Gambling Manager, requested the Council to consider grandfathering the situation as there were two premises permits operating at the Eagles (VFW and Eagles) at the time the ordinance was amended. COUNCILMEMBER HOLMGREN MOVED TO PERMANENTLY GRANDFATHER THE EAGLES AND VFW TO ALLOW BOTH PREMISES PERMITS TO OPERATE AT THE EAGLES CLUB TO SELL PULL TABS, PROVIDED THAT THE PULL TABS ARE NOT SOLD BY BOTH ORGANIZATIONS SIMULTANEOUSLY AND PROVIDED THAT THE GRANDFATHER SITUATION IS NOT CHALLENGED. FURTHER, IF THE GRANDFATHER SITUATION IS CHALLENGED, THE CITY COUNCIL WILL RECONSIDER THIS GRANDFATHER SITUATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Consider Sherburne County Administration Buildinq Expansion Petition for Watermain and Roadway City Engineer Terry Maurer indicated that the city has received a petition from Sherburne County for water and road improvements. The City Engineer informed the Council that the project will entail crossing the Gagne property with lateral sanitary sewer, trunk watermain, and street and storm drainage improvements to access the Sherburne County site. The City Engineer further indicated that there are currently no easements or road right-of-way crossing the Gagne property and therefore it may be necessary for the city to use its powers of eminent domain to secure the necessary easements. Councilmember Dietz indicated that he concurred with the staff in that a feasibility study should be completed for this project. He indicated however that he may have a problem with the amount of assessments that will be placed against Mr. Gagne's property. Elk River City Council Minutes July 21, 1997 Page 5 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-62, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE WATER, STORM DRAINAGE, AND STREET IMPROVEMENT OF 1997 TO SERVE THE SHERBURNE COUNTY ADMINISTRATION BUILDING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained due to his employment with Sherburne County. 5.7. Sale of Property to Morrell Transfer COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-63, A RESOLUTION DECLARING THE SALE OF CITY PROPERTY TO MORRELL TRANSFER IN THE AMOUNT OF $500. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Community Recreation Update Community Recreation Director Jeff Asfahl updated the Council on city recreation programs. Discussion was led by Councilmember Holmgren regarding the soccer field issue at Meadowvale School. 5.9. Utilities Commission Update Councilmember Dietz updated the Council on recent issues and action taken by the Utilities during the last Commission meeting. 6. Open Mike No one appeared for this item. 7.1. Commercial Asphalt Request for Renewal of Conditional Use Permit, Public Hearinq Case No. CU 97-14 Building and Zoning Administrator Steve Rohlf indicated that Commercial Asphalt Company is requesting a one year extension to their current conditional use permit to continue operating a temporary asphalt plant in a gravel mine. Steve Rohlf 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. Steve Rohlf indicated that the Planning Commission recommended approval of the request. COUNCILMEMBER FARBER MOVED TO GRANT A ONE YEAR EXTENSION TO THE CONDITIONAL USE PERMIT FOR COMMERCIAL ASPHALT COMPANY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Request by World Class Auto Body to Expand their Auto Body Repair Business Planning Assistant Scott Harlicker indicated that World Class Auto Body is requesting a conditional use permit to expand their auto body repair business at 17375 Highway 10. Scott Harlicker reviewed the staff report on this issue. Elk River City Council Minutes July 21, 1997 Page 6 7.3. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR WORLD CLASS AUTO BODY TO EXPAND THE EXISTING AUTO BODY REPAIR SHOP AT 17375 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: THE OUTDOOR STORAGE AREA FOR VEHICLES BEING WORKED ON SHALL BE PAVED AND ENCLOSED WITH A CHAIN LINK FENCE AND THAT THE FENCE INCLUDE SLATS IN ORDER TO SCREEN THE STORAGE AREA. THE DUMPSTER BE ENCLOSED WITH A STOCKADE FENCE AND UTILIZE A CONCRETE PAD. THE CONDITIONS OF THE SITE PLAN APPROVAL, GRANTED ON JULY 17, 1986 FOR THE EXISTING AUTO BODY SHOP, REMAIN IN PLACE AND SHALL BE COMPLIED WITH. ALL PAINTING SHALL BE DONE IN THE EXISTING AUTO BODY SHOP; NO PAINTING SHALL BE PERMII'I'ED IN THE PROPOSED EXPANSION. THE JUNK CAR AND DEBRIS LOCATED ON THE PROPERTY SHALL BE REMOVED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 6. ALL VEHICLES SHALL BE PARKED OR STORED ON THE PAVED AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Sue Farber to Operate a Hair Salon out of her Home Councilmember Farber stepped down from the Council table due to a conflict of interest. Planning Assistant Scott Harlicker indicated that Ms. Farber is requesting a conditional use permit to operate a hair salon from her home at 19404 Norfolk Street. He indicated that in addition to hair styling the business will include a tanning booth and manicures. Scott Harlicker indicated that the Planning Commission reviewed the issue and recommended approval of the conditional use permit request. 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 A CONDITIONAL USE PERMIT FOR SUE FARBER TO OPERATE A HAIR SALON FROM HER HOME AT 19404 NORFOLK STREET WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE FROM 7:00 A.M. TO 10:00 P.M. 2. NO EXTERIOR STORAGE OR DISPLAY SHALL BE ALLOWED. Elk River City Council Minutes July 21, 1997 Page 7 SIGNAGE SHALL BE LIMITED TO 2 SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE HOME. o A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN PERSONS WHO CUSTOMARILY RESIDE AT THE RESIDENCE, SHALL BE EMPLOYED. THE APPLICANT SHALL WORK WITH THE BUILDING INSPECTOR TO ENSURE THAT ALL APPLICABLE BUILDING CODES ARE MET. ALL PARKING SHALL BE ACCOMMODATED ON SITE, ON THE EXISTING DRIVEWAY, WHERE NO VEHICLE IS PARKED CLOSER THAN 15 FEET FROM THE CURB LINE. o IF VALID COMPLAINTS ARE RECEIVED AND CAN NOT BE ADDRESSED ADMINISTRATIVELY, THIS ITEM WILL BE BROUGHT BACK TO THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Good Value Homes Request for Preliminary Plat (Cherrywood Hills), Public Hearin.q Case No. P 97-13 City Planner Steve Ach indicated that Good Value Homes is requesting a preliminary plat to subdivide approximately 38 acres into 66 single family lots at the northwest corner of Proctor Road and 193rd Avenue. He stated that the property is zoned R-1 c/Single Family with a land use of MR/Medium Density Residential. Steve Ach indicated that the Planning Commission and Council previously reviewed the preliminary plat for this property and denied the application based on several concerns by the Planning Commission and Council. Steve Ach indicated that since that time Good Value Homes has modified the plat in order to address the concerns. Steve Ach reviewed the staff report on this issue. He indicated that the Planning Commission reviewed the request for preliminary plat and recommended approval. Steve Ach further indicated that Mrs. Lois Carton had concerns regarding the drainage to her property. He indicated that the Planning Commission reviewed this concern and added item #22 to the stipulations of the plat addressing drainage runoff. He indicated that he felt Mrs. Carton's concerns regarding access to her property have been addressed. Steve Klein of Barr Engineering Company indicated that he has been retained by Mrs. Lois Carton to review the engineering computation as to how the proposed plat will affect Mrs. Carton's property. He indicated that the total volume of runoff will increase and this may pose a problem to Mrs. Carton's property due to a culvert in poor condition off of County Road 1 and due to plugged culverts located on the Dickenson property. Mr. Klein offered three suggestions that may alleviate problems on Mrs. Carton's property caused by the increased volume of runoff from the plat. The suggestions are as follows: Asbuilt drawings be provided to Lois Carton. A letter of confirmation from Sherburne County indicating the reconstruction of the culvert on County Road 1. Elk River City Council Minutes July 21, 1997 Page 8 The City consider obtaining an easement over the Dickenson property to maintain the culverts. City Engineer Terry Maurer addressed these issues. He indicated that the city would be willing to provide the asbuilts. He further indicated that the city could not be responsible for Item #2 as it is a county issue. He addressed Item #3 by stating that the city does not typically obtain easements. However, the city would be willing to review the downstream drainage in that area and report back to the City Council at the time of final plat. Mayor Duitsman opened the public hearing. Don Robinson indicated that many people would be upset with the proposed plan to close 193rd Avenue. The City Engineer indicated that the section of 193rd Avenue that is being proposed to be closed is different than the area that Mr. Robinson was speaking about. Lois Carton, 19231 Proctor Road, requested confirmation in writing from the city and the developer that this project will not negatively impact her property in any way. City Attorney Dave Sellergren indicated that the city does everything in its power to monitor the construction of such projects to be sure that adjacent properties are not negatively affected, however it is not normal procedure to confirm in writing to every property owner that their property will not be affected in any way. John Peterson of Good Value Homes indicated that they cannot provide a guarantee that there will never be a condition to impact any of the properties. Lois Carton indicated that she objects to the approval of the plat until all drainage problems are taken care of. It was the consensus of the City Council to add Item #23 to the list of stipulations for preliminary plat approval, stating "The city will review the downstream drainage issues and incorporate any changes that need to be made at the time of final plat". There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY GOOD VALUE HOMES TO SUBDIVIDE APPROXIMATELY 38 ACRES INTO 66 SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE TERMS AND CONDITIONS OF PLAT APPROVAL. ALL COMMENTS FROM THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 BE INCORPORQATED INTO THE PLAT FOR APPROVAL. THE PARK AND RECREATION COMMISSION'S RECOMMENDQATION FOR PAYMENT OF CASH BASED ON THE NUMBER OF LOTS IN AN AMOUNT REQURED BY THE CITY AT THE TIME OF FINAL PLAT APPROVAL. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR Elk River City Council Minutes July 21, 1997 Page 9 RECORDING. THE DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATED TO WATER CONNECTION FEES AND ELECTRICAL HOOKUPS. o A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQURED BY THE CITY OF ELK RIVER AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. APPROPRIATE APPROVALS FROM THE CORPS OF ENGINEERS, DNR AND LOCAL AGENCIES FOR FILLING ANY WETLANDS ON SITE BE GRANTED PRIOR TO FINAL PLAT APPROVAL. A SPECIFIC TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH THE GRADING PLAN IDENTIIFYING THOSE AREAS WHICH WILL BE SAVING DURING GRADING OF THE SITE. o A NPDES PERMIT BE OBTAINED FROM MPCA PRIOR TO BEGINNING ANY GRADING ON SITE. A GRADING PLAN BE SUBMII'rED, REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE BEGINNING OF ANY GRADING ON SITE. THIS GRADING PLAN SHALL IDENTIFY EROSION CONTROL MEASURES THAT WILL BE USED DURING THE GRADING PROCESS. 10. DEVELOPER BE RESPONSIBLE FOR IMPROVEMENTS TO PROCTOR IN ACCORDANCE WITH THE RECOMMENDATIONS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT DATED MAY 21, 1997. THESE ROAD IMPROVEMENTS SHALL BE REFLECTED ON THE IMPROVEMENT PLANS AND PROVIDED TO SHERBURNE COUNTY FOR REVIEW PRIOR TO CITY APPROVAL. 11. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN WILL NEED TO BE SUBMITTED OUTLING THE STYLE OF HOMES AND FINISHED FLOOR ELEVATIONS. THIS PLAN WILL NEED TO BE APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. 12. THE DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING AT SHERBURNE COUNTY. 13. THE DEVELOPER WILL NEED TO PROVIDE A LETTER OF CREDIT TO THE CITY OF ELK RIVER IN THE AMOUNT OF 100% OF THE IMPROVEMENT COSTS WITHIN THE DEVELOPMENT. 14. STREET LIGHTS WILL NEED TO BE PROVIDED THROUGHOUT THE DEVELOPMENT IN LOCATIONS AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 15. A CLUSTER MAILBOX DESIGN MUST BE UTILIZED THROUGHOUT THE DEVELOPMENT. A PLAT ILLUSTRATING THESE LOCATIONS SHALL BE SUBMITTED FOR APPROVAL BY CITY STAFF PRIOR TO RECORDING THE PLAT. '16. A COMPLETE LANDSCAPING PLAN BE SUBMITTED FOR APPROVAL PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS PLAN SHALL INCLUDE YARD TREES AS REQUIRED BY THE ORDINANCE, LANDSCAPING ALONG Elk River City Council Minutes July 21, 1997 Page 10 PROCTOR AVENUE. THE LANDSCAPING ALONG PROCTOR SHALL CONSIST OF EARTH BERMING AND A VARIETY OF CONIFER AND OVERSTORY TREES. 17. AS PART OF THE DEVELOPER'S AGREEMENT, A DEED RESTSRICTION BE PLACED ON LOT 21 PREVENTING ANY FURTHER SUBDIVISION OF THIS LOT IN THE FUTURE. 18. A LETTER FROM THE DEVELOPER'S ENGINEER CERTIFYING THE GRADING HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING PLAN MUST BE SUBMITTED TO THE CITY PRIOR TO ISSUANCE OF BUILDING PERMITS. 19. OUTLOT B BE DEEDED TO THE CITY. 20. BOULEVARD TREES BE INSTALLED BY THE DEVELOPER ALONG THAT PORTION OF RUSH STREET AND HIGHLAND ROAD WHERE THE SIDEWALK IS LOCATED. TREES SHALL BE LCOATED BETWEEN THE SIDEWEALK AND CURB. 21. TRUNK WATER AND SEWER COSTS SHALL BE INCORPORATED INTO THE DEVELOPER'S AGREEMENT. 22. RUNOFF FROM THE SITE SHALL NOT EXCEED THE PRE-DEVELOPMENT CONDITIONS AND THE DRAINAGE CALCULATIONS AND PLANS BE APPROVED BY THE CITY ENGINEER. 23. THE CITY WILL REVIEW THE DOWNSTREAM DRAINAGE ISSUES AND INCORPORATE ANY CHANGES THAT NEED TO BE MADE AT THE TIME OF FINAL PLAT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Request for Administrative Subdivision by James and Donna Warren, Public Hearin.q Case No. AS 97-5 Planning Assistant Scott Harlicker indicated that James and Donna Warren are requesting an administrative subdivision to subdivide 40.45 acres into a 2.85 acre parcel and a 37.6 acre parcel located on the east side of Tyler Street between 195th Avenue and 197th Avenue. 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. COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JAMES AND DONNA WARREN TO SUBDIVIDE A 40.45 ACRE PARCEL INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: A GRANT OF EASEMENT BE PREPARED AND EXECUTED GRANTING A 40 FOOT HALF RIGHT-OF-WAY ALONG TYLER STREET. THE 40 FOOT HALF RIGHT-OF- WAY SHALL APPLY TO BOTH PARCELS. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $600 FOR THE NEW LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. Elk River City Council Minutes July 21, 1997 Page 11 PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. o DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER THE WETLAND AND ALONG, THE PROPERTY LINES OF THE PROPOSED 2.85 ACRE LOT. o ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED PRIOR TO RECORDING THIS SUBDIVISION WITH SHERBURNE COUNTY. PROPOSED LOCATIONS FOR THE WELL, HOUSE, AND PRIMARY AND ALTERNATE SEPTIC SYSTEMS SHALL BE SHOWN ON THE PROPOSED 2.85 ACRE PARCEL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Request for Administrative Subdivision by Astrid McBeath, Public Hearinq Case No. AS 97-1 City Planner Steve Ach indicated that Astrid McBeath is requesting an administrative subdivision to divide approximately 17 acres into two parcels located at the westerly end of Island View Drive and 191st Avenue. Steve Ach indicated that the administrative subdivision has been postponed for the past three months in order to allow the title company to resolve ownership issues. He stated that the property is still going through Torrens proceedings, however ownership should be cleared up shortly. Steve Ach stated that the last time the Council reviewed this issue there were several concerns raised by Island View Drive residents regarding the extension of Island View Drive and the connection of Island View Drive with 191st Avenue in the Belgian Acres development. Mayor Duitsman opened the public hearing. Sandy Weicht, 13330 Island View Drive, indicated that the residents do not want the traffic from Belgian Acres on Island View Drive. She indicated that the residents do not feel the safety issues of allowing two entrances for fire and emergency vehicles outweigh the excess number of people that will be using the road if Island View Drive is connected to 191st Avenue. She further indicated that if many more people use the road, Island View Drive will have to be redesigned due to the poor condition of the road. Jerry Schroeder, 13575 Island View Drive, indicated that he does not want the connection into Belgian Acres. Tom Heideman, 13546 Island View Drive, indicated that he is opposed to the road extension. Dave Halgren, 13492 Island View Drive, indicated that he is opposed to the road extension. He further informed the Council that Island View Drive is currently 21 feet 10 inches wide. Jerry Palmer, 13538 Island View Drive, indicated that he is opposed to the road extension. Elk River City Council Minutes July 21, 1997 Page 12 7.6. Councilmember Holmgren indicated that he supports not connecting Island View Drive to 191 st Avenue. Dave Fessenmaier, 13591 Island View Drive, indicated that he was opposed to the extension and questioned why he did not receive notice of this meeting. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated that he would support the residents concerns of not extending Island View Drive to 191st into Belgian Acres. COUNCILMEMBER HOLMGREN MOVED TO RECOMMEND APPROVAL OF THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: PAYMENT OF PARK DEDICATION FOR THE TWO LOTS BEING CREATED. THIS FEE MUST BE PAID PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. PAYMENT OF A SURFACE WATER MANAGEMENT FEE PRIOR TO RECORDING THE SUBDIVISION AT THE COUNTY. AN ADDITIONAL 20 FOOT STREET, DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF 189TM AVENUE BE GRANTED TO THE CITY. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY PRIOR TO RECORDING THE SUBDIVISION. THE NORTHERLY PARCEL BE COMBINED WITH AN ADJACENT PARCEL TO AVOID CREATING A PARCEL WITH INADEQUATE LOT FRONTAGE. ALL OWNERSHIP ISSUES BE RESOLVED PRIOR TO RECORDING THE SUBDIVISION WITH SHERBURNE COUNTY. THE APPROPRIATE EXEMPTION TO SUBDIVISION REGULATIONS BE COMPLETED TO CORRECT THE OWNERSHIP AND LOT LINE ADJUSTMENTS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Phoenix Enterprises for Preliminary Plat Approval IHillside Crossinq Three), Public Hearin.q Case No. P 97-11 City Planner Steve Ach indicted that Phoenix Enterprises is requesting preliminary plat approval to subdivide approximately 3.5 acres into one commercial lot and one outlot at the southeast corner of 197th Avenue and Highway 169. He indicated that the property is zoned planned unit development with a land use of highway business. Steve Ach explained that the proposed preliminary plat coincides with development plans that have been submitted by Amoco Oil. He indicated that Amoco Oil has applied for a conditional use permit for site plan review which will be submitted to the Planning Commission in July and the City Council in August. Steve Ach reviewed the issues relating to the preliminary plat request. Elk River City Council Minutes July 21, 1997 Page 13 Mayor Duitsman opened the public hearing. Mayor Duitsman suggested continuing the public hearing until the Planning Commission has had a chance to look at the site plan review for Amoco. MAYOR DUITSMAN MOVED TO CONTINUE THIS ISSUE TO AUGUST 18, 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Thompson suggested that staff closely review the blind spot that is located at the north exit by Menards and not plant trees in the site line. THE MOTION CARRIED 5-0. 7.7. Traffic Analysis on 193rd and Evans City Engineer Terry Maurer indicated that an analysis of the traffic situation at the intersection of 193rd Avenue and Evans Street has been completed. He indicated that the analysis revealed that the intersection does not warrant a traffic signal at this time. He recommended that the Council consider installation of an additional stop sign which would make the area a three way stop, similar to the Elk Hills Drive/Dodge Avenue area. COUNCILMEMBER FARBER MOVED TO INSTALL A THIRD STOP SIGN ON WESTBOUND 193RD AVENUE, MAKING THE INTERSECTION A THREE WAY STOP. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Discussion was held by the Council regarding the poor visibility of the exit located at the SuperAmerica entrance. It was the consensus of the Council to request staff to work with SuperAmerica to try to better identify their exit sign. 7.8. Phoenix Enterprises Request for Preliminary Plat (Hillside Crossinq South Two), Public Hearing Case No. P 97-7 City Planner Steve Ach indicated that Phoenix Enterprises is requesting a preliminary plat to subdivide approximately 7 acres into two commercial lots at the southeast corner of 193rd Avenue and Evans alignment. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Mayor Duitsman indicated that he felt this preliminary plat would add a lot of traffic and complicate the intersection of Evans and 193rd. Mayor Duitsman further indicated that he was under the impression that the tree line would be preserved in order to screen adjacent residents from the development. Rick Foster indicated that he is contemplating two office buildings at the south end of the development which would not be unsightly for adjacent residents. Steve Ach addressed the issues relating to this request. It was the consensus of the Council to continue the public hearing request to allow the Council additional time to review the area in relation to traffic and impact to existing trees on site. Elk River City Council Minutes July 21, 1997 Page 14 COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING TO THE JULY 28, 1997, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Request for Final Plat Approval by Good Value Home (Oakwood Hills), Case No. P 97-1 City Planner Steve Ach indicated that Good Value Homes is requesting final plat approval to subdivide a 40 acre parcel into 14 single family lots at 198th Avenue alignment and Pascal Street. Steve Ach reviewed staff report on this issue. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-64, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR OAKWOOD HILLS, CASE NO. 97-1. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.11. Consider Initiatinq Ordinance Amendment to Remove Multi-family Residential Use in C-2 Zoninq District COUNCILMEMBER FARBER MOVED TO INITIATE AN ORDINANCE AMENDMENT TO ELIMINATE MULTI-FAMILY DWELLINGS AS AN ALLOWED USE IN THE C-2 OFFICE DISTRICT. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business 8.1. Minnesota Transportation Department Traffic Control Siqnal A.qreement COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-65, A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL NEW TRAFFIC CONTROL SIGNAL WITH STREET LIGHTS, EMERGENCY VEHICLE PREEMPTION, ADVANCE WARNING FLASHERS AND SIGNING ON TRUNK HIGHWAY 169 AT 197TM AVENUE NW AND INSTALL INTERCONNECT ON TRUNK HIGHWAY 169 AND 197TM AVENUE NW TO 193RD AVENUE WITH THE TERMS AND CONDITIONS SET FORTH AND CONTAINED IN AGREEMENT NO. 76123. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. Enqineerinq Update City Engineer Terry Maurer updated the Council on the timing of the Upland Avenue intersection project. Councilmember Dietz requested staff to contact MnDOT to consider reducing the speed limit from Proctor to Xenia from 55 to 45 mph. The council concurred. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO REQUEST MNDOT TO CONSIDER REDUCING THE SPEED LIMIT FROM 55 MPH TO 45 MPH FROM PROCTOR AVENUE TO XENIA AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes July 21, 1997 Page 15 8.3. Eastern Area Feasibility Study The City Administrator noted that the Eastern Area Feasibility Study has been distributed to the Council for their review and will be discussed at the July 28, 1997, Council meeting. 8.4. Update on Earl Hohlen Trailer Park City Attorney Dave Sellergren informed the Council that the city is not in a position to extend the one year time period relating to the mobile home closing issue. 9. Staff Updates City Administrator Pat Klaers indicated that an Executive Session of the City Council is necessary to review 1997-98 Police Union negotiations. COUNCILMEMBER FARBER MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL ON JULY 28, 1997, AT THE END OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING TO REVIEW POLICE UNION NEGOTIATIONS FOR 1997-98. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:10 p.m. Respectfully submitted, ~a r~-r(~ :thackeray City Clerk