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7.2.B. PRSR 10-12-2011Crtv of .,.._:. ERiver REQUEST FOR ACTION TO ITEM NUMBER Parks and Recreation Commission 7.2.B. AGENDA SECTION MEETING DATE PREPARED BY 7. Action/Discussion Items October 12, 2011 Chris Leeseberg, Parks Planner/Planner ITEM DESCRIPTION REVIEWED By Request by Cornerstone Auto Resource for Prelimuiary and Michael Hecker, Parks and Recreation Final Plat Approval fox plat of Jabez, Public Hearing -Case No. Director P 11-01 REVIEWED BY ACTION REQUESTED Staff recommends the Parks and Recreation Commission recommend approval of park dedication to be paid in the form of cash with the following conditions: 1. Park dedication fee shall be paid for 8.05 acres and at the rate applicable at the time the Final Plat is released for recording. (Currently, this figure is $58,748.90, or $7,298 for 8.05 acres) 2. Park dedication for Outlots A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are released for recording. OVERVIEW The applicant is requesting preliminary and final plat for the Plat of Jabez, which was approved in 2006 but allowed to expire. The applicants propose no changes to the plat. BACKGROUND/PRECEDENT The Plat of Jabez was approved by the City Council in April and May of 2006. The pxelimixlary plat was extended to 2009, and again to 2010. No extension was requested in 2011. The plat has not been recorded. Since the final plat was not recorded, it and the preliminary plat expired in April, 2010. The applicant is proposing additions onto the existing building. It is appropriate to record the final plat at this time. ANALYSIS L.ot Configuration The plat of Jabez includes the replatting of seven lots into one lot and two oudots. Lot 1 is 17.73 acres and the two outlots axe each 2 acres. Lot 1 houses the Comerstone Auto Resource and caz wash. There is no development planned for oudots A and B currently. Fees Part of the reason the applicant de]ayed recording the plat was to defer the payment of the fees (park dedication and surface water management). During the review in 2006, the City Council agreed that the applicable land area subject to park dedication is 8.05 acres, rather than the 17.73 acres of lot 1. Using N:\Departrnents\Community Developmrne\Planning\Case Files\Plat\P 11-UI Jabez\P 11-01_PR.docx P B f E D E D B 1 IF~IATURE Case File: P 11-O1 Page 2 Plat of Jabez that ratio, the park dedication fee is $58,748.90 ($7,298 per acse). In 2006, the Parks and Recreation Cotxvnission xecomtnended fees be fox the 17.73 acres. The commission should indicate if they support the 8.05 acre decision by the City Council in 2006. Parks Park Plan -The Comprehensive Park Plan does not indicate any pazk target area nor trail corridor in the wider area. ATTACHMENTS Location Map Parks and Recreation Cotxlmission Minutes -March 8, 2006 ^ Planning Commission Minutes -April 11, 2006 City CouncIl Minutes - Apxi117, 2006 City Council Minutes -May 15, 2006 ^ Final Plat dated received September 26, 2011 Action Motion by Second by Vote Follow Up N:\Depaztrnents\Community Development\Planning\Case Files\Plat\P 11-01 Jabez\P 11-07_PR.docx Park & Recreation Commission Minutes page 2 March 8, 2006 6. Recreation ilanaeer's Renort - Drector of P and Recreation, Bill Maertz shazed that the Parks and eation Department ve a booth at the Business Expo on Mazch 26. esentatives will be available to prom recreation programs, arena programs and projects: 7. Director's Renort - Director of Parks and Recr n, Bill Maera s t staff is working on an expansion plan at the YAC Complex. The ansion wo clude four each of softball, baseball and soccer fields. The youth assonatio aze in ort of the project and would be eager to help with a possible referendum, fun and adding an additional field fee. Mr. Maertz shazed the Pinewood Co a operating projections and the current balance of the Pazk Dedication Fund 8.1. Communiky Events -Suer Weekend Games Director of Parks ecteation, Bill Maertz shazed tit planning is underway for the first annual Stride, and Ride event, which will on July 29~. Several local groups will be putting the together. The goals of the Stride, Glide and Ride aze to develop a competi ~ ere the beginning competitor can feel comfortable participating, get people to pars ate in events they may have never tried before and promote the many resources Elk Rives has to offer. 8.2.A I. ad e a - Request by Elk Rivet Ford for a Preliminary Plat Qabez) Chris Leesebug, Planner/Pazk Planner presented infom~ation regazding a request to create a five lot Preliminary Plat Staff recommends that the Pazks and Recreation Commission recommend that pazk dedication be paid in form of cash at the commercial rate applicable at the time of final plat approval. Commissioner Paige asked about the e~sting sidewalk on the north side of 171a~ and east side of the railroad tracks and why it would not be extended west of the tracks. Mr. Leesebetg stated that the sidewalk was not planned out to extend past the railroad tracks and that there would be a trail on the south side of 171a. Commissioner Paige asked what-was the intended use of outiot A and B? Mr. Leeseberg stated it would be communal use. MOVED BY COMMISSIONER PAIGE AND SECONDED BY COMMISSIONER NIZIOLEB TO RECOMMEND ACCEPTING PARS DEDICATION CASH AT THE COMMERCIAL RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, AND OUTLOT A AND OUTLOT B SHALL PROVIDE PARg DEDICATION WHEN PLATTED. MOTION CARRIED 4-0. • 8.3.A. Policy I uec -Take (~ Planning Commission Minutes April 11, 2006 4. 5.4. 5.5. 5.6. 5.7. BYCOMIIIISSIONER WESTGAARDAND SECONDED BY ~SIONER STEVENS TO RECOMMEND APPROVAL OF TONAL USE PERMIT FOR, CASE NO. CU 06-07 WI 7ING CONDITIONS: 1.\ALL COMMENTS OF THE CITY ENGINEER SI~ALI- BE 2. S AGE E BIT PR E7 3. LIGH EXHIBI THE SITE Page 4 SHALL COMPLY WITH THE IGN STANDARDS AND S IlVDICATING SIZE AND TIONS SHALL BE SHALL COMPLY BE BUILDING MA'll INDICATED ON 4/4/2006. THE DESIGN STANDARDS AND VS ON THE BUILDING AND ON AND COLORS SHALL BE THOSE AS ~I. SAMPLE BOARDS DATED 5. SHED ROOFS S INCLUDED, ALONG WITH THE GABLE ELEMENT, ASS WN STAFF EXHIBIT A. 6. ALL PAVING, IIVDICA IN THE PAVING PLAN EXHIBIT, SHALL BE ALLED PRI TO ISSUANCE OF A CERTIFICATE OF OCCP 7. ALL RE SED PLANS REFLEC THE BUIDING SIZE CHANGE, S E PROVIDED PRIOR TO CITY COUNCIL MEETING. 8. UILDING SHALL MEET ALL B ING CODES. 9. E BUILDING SHALL MEET ALL FIRE ES. . THE REMAINING SQUARE FOOTAGE OF B INGS WITHIN THE APPROVED PUD WILL NEED TO BE RED ED BY 1,220 SQUARE FEET. CARRIED 7-0. Mr. Harlicker stated the applicant is requesting approval of the four requests listed above as outlined in his staff report. Planning Commission Minutes Page 5 April l 1, 2006 Mr. Clark noted that the main issues the Commission should address are: Come to a consensus on the land use amendment and the zoning change. Discuss park dedication fees (the applicant disagrees with staff's recommendation) Review building elevations. ^ Discussion regarding grading and drainage plan (due to elimination of curbing and utilizing a low impact drainage plan). Signage (applicant is requesting a variance with Board of Adjustmenu after this item is discussed). Commissioner Anderson stated be was concerned about the removal of the drainage pond for the Lefebvre Addition. Mr. Maurer stated the outlot in the Lefebvre Addition is an unbuildable remnant. He stated the pond is actually on the Ford property and is going to be replaced in a different area in order to utilize the Lefebvre oudot for four additional light industrial lots. He stated the pond is not for drainage of the Lefebvre property. Comaussioner Offemran stated it makes sense to rezone the parcel to Highway Business. He questioned whether the access into Elk River Ford should be moved further away from I-3igltway 10 (off 171' Avenue) because it may interfere with Mn/DOT's interchange plans. Mr. Maurer stated the Houle Oil site will eventually be developed and need a driveway access. He stated the driveways for each site would line up at this location. Mr. Maurer stated the Houle site has a lot of wetlands and the access into Ford is the farthest most easterly spot a driveway could be installed without drastically impacting wetlands on the Houle site when their driveway in installed Mr. Maurer stated Mn/DOT's IRC does not indicate where an interchange wi71 go along TH 10 in Elk River. He believes the intersection will be further south between 173~d Avenue and 165 Avenue because it is currently undeveloped and land acquisition would be easier and more affordable. Mr. Maurer stated the applicant is eliminating a direct access from Highway 10 and will be directing traffic to 173•d or 171nAvenues, both controlled intersettions. Chair Lemke questioned when TH 10 is bu>7t to freeway standards, if the accesses at 171• and 173 Avenues would be closed. Mr. Maurer stated they most likely would be closed and the city would be involved with constmcting a frontage or backage road. Chair Lemke opened the public hearing for the land use plan amendment from Light Industrial to Highway Business. Scotx Powell, Elk River Ford Owner-Stated he is budding a quality, safe, and environmentally sound project. He stated he was available for questions. Chair Lemke questioned if the applicant is voluntarrly closing the direct TH 10 entrance into Ford. Planning Commission Minutes April 11, 2006 Mr. Powell slated they are closing the access due to safety concerns for customers and employees. There being no one else to speak to this issue, Chair Lemke closed the public hearing. Commissioner Stevens thanked the applicant for a quality project. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT FROM LIGHT INDUSTRIAL TO HIGHWAY BUSINESS. MOTION CARRIED 7-0. Page 6 Chair Lemke opened the public hearing on the zone change. There being no one to speak to this issue, Chair Lemke closed the public hearing. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM HIGHWAY COMMERCIAL AND PLANNED UNIT DEVELOPMENT TO HIGHWAY BUSINESS AND LIGHT INDUSTRIAL. MOTION CARRIED 7-0. Chair Lemke opened the public hearing for the preliminary plat of Jabez. There being no one to speak to this issue, Chair Lemke closed the public hearing. Commissioner Offemrarr expressed concern with Ford's driveway entrance on 171n Avenue being too close to TH 10. He stated this section would make sense for a Mn/DOT interchange due to the Twin Lakes Road traffic coming down to TH 10. He felt the city should be proactive in allowing for an interchange to develop at this location in order to help the interchange come to this location and to save money in acquisitions in the long term He further stated concerns with traffic queuing. Commissioner Stevens concurred with Commissioner Offerman. Mr. Maurer stated thaz the Houle site would most likely develop before Mn/DOT has arty plans for an interchange. He reiterated where the driveway access would be proposed for this site due to wetlands. He stated Ford volunteered to close their access off TH 10 and this was a good compromise for a driveway access off 171 Avenue in order to make it easy for customers to locate the entrance. He further stated if development continues at its cturent pace with the surrounding projects, the city may be required to take additional right-of-way around the TH 10 intersection az 171A Avenue. Chain Lemke stated he concurred with Comnssioner Offerman. He stated it makes sense tltaz if the city is going to get one interchange it would be where the Nordrstar Rail terminal and Twin Lakes Road traffic is located He questioned if the overpass were installed at 171n Avenue, if it would come down on the Ford driveway access. Mr. Maurer disagreed that this would be the spot for a Mn/DOT interchange. He stated if the interchange were considered for this location it would be very expensive for Mn/DOT because they would have to acquire NAPA, Elk River Ford, and the Houle site. He stated the interchange would most likely be near 165~h Avenue with traffic using frontage/backage roads to access the businesses az 1718 and 173 Avenues. He stated the city has agreements in place for frontage/backage roads. Planning Commission Minutes April 1 i, 2006 Page 7 Commissioner Offerman questioned why it would be more viable for Elk River Fold to remain at its location if the interchange is constructed six blocks away az 165 Avenue but why the driveway access on 1718 Avenue can't be moved furtlrer to the east, which is shover than six blocks. Commissioner Stevens stated the property owner has enough land that the driveway access could be moved at a later date if needed. Mr. Maurer stated we are removing a direct driveway access from TH 10 to a signalized intersection, which wr11 be a vast improvement. Commissioner Anderson concurred with Commissioner Offemian's concerns. He stated he doesn't want to see this intersection end up hlte Evans and 193 Avenues but feels it is safer to have access on 171n Avenue. He questioned if it would be possible to close the three access points of a neighboring business (A&T Repair) and to have them shaze their access with Ford Steve Rohlf, Ford representative-Stazed it would be more appropriate to work out driveway access issues with A&T Repair. He stated Ford has no interest in sharing an access with them MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMSSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF JABEZ BASED ON THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIlVIE OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS AAND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS AAND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL Planning Commission Minutes April 11, 2006 Page 8 Mr. Clark noted there is a disagreement between the applicant and staff's recommendation in regards to the park dedication requirements. He stated staff is requesting park dedication fees for the entire 17.671ot. He stated the two outlou w,71 require pazk dedication fees be paid when they are platted. He stated this was reviewed by the city attorney. Commissioner Stevens stated he supported staffs recommendation and it is fair. Steve Rohff, Ford representative-Stated the city is interpreting the requiremenu incorrectly. He stated park dedication fees should be charged on the four newly created lou (two oudots) and the land being added to the dealership (fomrer Red Carpet Inn site). He stated it would be approximately $80,000 in fees. He stated the existing dealership should not pay pazk dedication fees as consistent with Section 30-327 of the Ciry Code, which states that park dedication fees apply to undeveloped property. He stated the city is confusing undeveloped with tmplatted. He stated the existing dealership has been developed for over 30 years. He stated the property is not being subdivided but being combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit. He stated his interpretation of the park dedication fees is consistent with how it was handled in the past. He stated Ford has been supplying jobs and a tax base in Elk River for over 30 years. He stated they are asking to be treated reasonably. He stated to charge in excess of $100,000 to a business trying to expand and create more jobs is unreasonable. He stated there isn't anything in the ordinance that states you have to charge the maximum fee. Commissioner Stevens questioned the city's policy for pazk dedication requirements. He questioned if Elk River Ford, when originally platted, paid a park dedication fee. Mr. Clark stated if the property is residential it will be charged for new units; if the property is commercial it will be charged for acreage and any further replan would not be charged park dedication fees. Mr. Clark stated Elk River Ford was never platted Commissioner Westgaazd stated Section 30-327 discussed platting and replatting but not undeveloped land. He questioned whether a compromise could be reached. Commissioner Anderson stated this issue is a decision for the City Council. Commissioner Scott stated he would like to see the motion amended to state that the 8 acres currently being used only pay half of the pazk dedication fees. Commissioner Offem~art concurred with Commissioner Scott. He stated the applicant made a good point in that the dry gives 'TIF' money to new companies but often doesn't recognize or give consideration to existing businesses that have been in Elk River for a long time employing people and paying taxes. Comnussioner Anderson questioned how and why 50% was detemvned as a compromise on the fees. He stated it is not the role of this Commission to determine the percentage. He stated a vote needs to betaken on the current motion. Commission Offemtan stated it is not an unreasonable request as the city gave Wal-Mart TIF money and also funding for the downtown project. Commissioner Westgaazd asked to reconsider the motion. Planning Commission Minutes Apn] 11, 2006 Page 9 Chair Lemke stated staff recommendation has determined this fee and he questioned their process. Mr. Clark stated they aze following the ordinance. He stated the staff's recommendation was reviewed with the city attorney. Chair Lemke stated a vote should be taken on the motion and the Commission could make a recommendation to the Counal regarding pazk dedication fees. C~rair Lemke asked for an explanation of low impact drainage plans, which Mr. Maurer explained. MOTION CARRIED 5-2. Commissioners Offetman and Westgaazd opposed. Commissioner Westgaard stated the applicant has been wrlling to work with the city on several issues and some consideration for park dedication fees should be given to the applicant for his existing business. Commissioner Ropp concurred. Commissioner Anderson stated the city can't azbitrazily reduce park dedication fees and the Commission should not be discussing this item. Commissioner Stevens concurred. Chair Lemke opened the public hearing on the conditional use permit. Steve Rohlf, Ford representative-Stated Ford may be changing the order of their phases. There being no further comments regarding this issue, Chair Lemke closed the public hearing. Commissioner Stevens stated he is sad to seethe existing tower being removed. Commissioner Offexrnan questioned the lighting standards. He stated auto dealerships tend to over light their locations at the entrances. He questioned the lights along the entrance. Mr. Rohlf stated the lights would be low profile decorative lights. Mr. Harlicker stated the applicant is meeting the lighting requirements. Commissioner Offerman requested a condition added for lighting at the entrances that shall meet at minimum semi cut-off classification. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ELK RIVER FORD WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. Planning Coaunission Minutes April 11, 2006 Page 10 2. THE PROJECT WILL BE COMPLETED IN PHASES. • PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING, AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. • PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. • PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED; NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. S. PER SEC. 30- 859 NO SIGNAGEAND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF 550,000 SHALL BE PROVIDED PRIOR TO ISSUEING THE GRADING OR BUII.DING PERMITS. 10. PARKWAY STYLE LIGHTING AT THE ENTRANCES SHALL MEET A MIMIMUM CLASSIFICATION OF SEMI CUT-OFF. MOTION CARRIED 7-0. 6. Ocher Business 6.1. Update on Mazch 20, 2006 City Council Meeting Commissioner Anderson provided an update on the Mazch 20, 2006 City Council meeting. • City Counal Muiutes Apri117, 2006 Page 9 11. TH ING SQUARE FOOTAGE OF BUILDINGS THE AP D PUD WILL NEED TO BE 1,220 SQUARE FEE . 12. A SEPARATE LETTER IN THE AMOUNT' OF $50,000, SHALL BE PROM OVERIN TE IMPROVEMENTS FOR LOT 2 BLOC 1C RIDGE CENTER 2 OR TO ISSUING THE GRADIN BUILDING PERMITS. MOTION CARRIED 5-0. • 6.7. Request by Elk River Ford for Variance Relating to Siena Pue,_j b,_ lic Hearin~Case No V 06-03 6.8. Resolution for Land Use Amendment to Change Land Use from Light Industrial to -~Iighway Business as Requested by Elk River Ford. Public Hearing-Case No LU 06-03 6.9. Ordinance For Zone Change from Planned Unit Development to Highway Commerdal as 6.10. 6.11. 6.12. Mr. Harlidtex reviewed all of these requests as outlined in his staff reports. Mayor HIinzing opened the public hearing. Scott Powell, applicant-Stated he wanted to build a safe project for the community and he is proud of the environmental aspects of the project He stated the signage meets all the criteria fox a variance. He stated he has in excess of 1,200' of frontage along the highway, is closing one access on the highway, bringing in two new businesses on one lot, and that it is very difficult for customers to access his location without the signage. Dana Anderson, 12368 speaking as a resident (he is a member of the Planning Commission)-Stated he liked the overall project design. He questioned the legal interpretation of park dedication requirements..He stated that it is important to collect park dedication fees. Steve Rohr representing the applicant-Stated the phases of the project may change. He questioned the definition of cut-off lighting. Mr. Rohlf stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code, which states that pazk dedication fees apply to undeveloped property. He stated the aty is confusing undeveloped with unplatted He stated the property is not being subdivided but rather combined. He stated the only reason they aze platting the property is because it is a condition to secure a building pemut He stated to diaxge in excess of $100,000 for pazk dedication fees to a business trying to expand and create more jobs is unreasonable. • Mr. Hazlicker explained that cut-off lighting directs light downwazd as opposed to a globe light, which is exposed. Mayor I{linzing dosed the public hearing. City Couacil Minutes Apv117,2006 Page 10 Variance Re~uett Coundlmember Gumphrey stated that considering the applicant is giving up an access and has an unusual amount of highway frontage he sees no issues with allowing the variance. Councilmember Fazber concuaed. Councilmember Dietz also concurred but expressed concerns with the timing for closing the TH 10 access. Mx. Maurer stated he would contact Mn/DOT and let them know the access is no longer needed He stated Mn/DOT would probably temporarily restrict the access until they could come in later to eliminate it permanently. Mayor Klinzing stated the sign ordinance allows the addition of an extra sign when there is over 300' of frontage but doesn't address if there is 600' ox 900' plus. She supports the variance. Councilmember Motin concurred. He stated it would be a hardship to only have two signs due to the amouat of frontage. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO. V 06-03 BASED ON THE FOLLOWING FINDINGS: 1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, ORAPPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAI. CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR 'INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. MOTION CARRIED 5-0. • C J • City Council Minutes Apv117,2006 • hand Use I~e~uert Page 11 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-42 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM Ll (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE SUBJECT PROPERTY IS CONTIGUOUS WITH PROPERTY THAT IS CURRENTLY GUIDED HIGHWAY BUSINESS. 2. THE PROPOSED AMENDMENT WILL NOT HAVE AN ADVERSE AFFECT ON ADJACENT PROPERTIES. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCLAI. REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171' AVENUE. MOTION CARRIED 5-0. Zane Chaff Rcauett • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 06-06 AMENDING THE CITY OF ELg RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO C2 (HIGHWAY COMMERCIAL) CASE NO. ZC 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT REZONING THE PROPERTY TO C3. 2. THE PROPOSED REZONING TO C3 IS CONSISTENT WITH THE LAND USE DESIGNATION OF HIGHWAY BUSINESS. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171' AVENUE. MOTION CARRIED 5-0. Peeliminarv Plat MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT • FOR JABEZ, CASE NO. P 06-06 WITH THE FOLLOWING CONDITIONS: Gty Couacil M~autes April 17, 2006 Page 12 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE • PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PAR% DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARg DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Councilmember Fazber stated he would like to see the pazk dedication fees reduced. • Mayor HIiniing concuued. MOVED BY MAYOR ffi.INZING AND SECONDED BY COUNCILMEMBER FARBER TO AMEND THE ORIGINAL MOTION BY CHANGING CONDITION #3 TO THE FOLLOWING: 3. PARS DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. PARE DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. MOTION ON THE AMENDMENT CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. MOTION CARRIED 3-2. Counalmembers Dietz and Gutnphrey opposed. • City Council Mtnutes April 17, 2006 Page 13 • Conditional Ure Petmit MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT FOR EL% RIVER FORD, CASE NO. CU 06-06 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PROJECT WILL BE COMPLETED IN PHASES. PHASE ONE WILL INCLUDE ALL THE SITE WORg INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING, AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. • 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED; NO PARING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC. 30- 859 NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED'PRIOR TO ISSUING THE GRADING OR BUILDING • PERMITS. City Council Minutes Apv117,2006 Page 14 30. THERE SHALL BE A MINIMUM CLASSIFICATION OF SEMI CUT- OFF LIGHTING FIXTURES INSTALLED. 6.13. 6.14. G.15. MOTION CARRIED 5-0. F~ntement Tlacation MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 06-01. MOTION CARRIED 5-0. The Council took a 10 minute recess at $:10 p.m Mr. Hazlidcer star easement to protect the bank along the Mis ippi River needs to be vacated as it eacroa in the building azea of the Bluff Block in downtown revitalization project . Mr. Hazlidcer stated the easement is s seded by the Wild and Scenic ordinance and of interfere with the protection of river. Mayor Klinzing opened the blic hearing. There being no a to speak to this issue, Mayor Klinziug dosed the public he ' MOVED BY COUNCILME ER FARBER SECONDED BY COUNCILMEMBER MOT O ADOPT LUTION 06-44 FOR VACATING A PERPETUAL B S PROTE ION MAINTENANCE EASEMENT, CASE NO. EV 06- MOTI CARRIED 5-0. School Street/High School P, i wazd , Mr. Maurer stated bids have been receive the School Street/High School parking lot signalizanon improvement project He to a low bid was from Design Electrical Contractors in the amount of $147,07 er further stated overhead is estimated at 20 percent, resulting in a total projec st of $ ,492.40. MOVED BY COUNCILME R FARBER D SECONDED BY COUNCILMEMBER MOT TO ADOPT OLUTION 06-45ACCEPTING BID AND AUTHORIZ EXECUTION OF ONTRACT IN THE MATTER OF THE SCHOOL ST T/HIGH SCHOOL G LOT SIGNALIZATION I OVEMENT OF 2006. TION CARRIED 5-0. Mz. Maurer pres ed a cost and land acquisition analysis of four possible options for 193 Avenue t ontinue from TH 169 as an east/west torrid to CSAH 13. He reviewed how land acq ' lion, temporary grading easements, building r val, relocation costs, and road coastmc n costs would affect each option. He stated Opti 4 is least likely to r~ LJ • C~ J i • MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY I S, 2006 Members Present. Mayor Klinzing, Councilmembemm Dietz, Moon, Farber (left early due to family emergenry), and Gumphrey Members Absent None Staff Present City Administrator Lori Johnson, Community Development Director Scott Clazk, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, and Recording Secretary Tina Allazd Also Present Planning Commissioner Brad Stevens Pazks and Recreation Commissioner Michael Nizolek Call Meeting_To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council cvas called to order at 6:30 p.m. by Mayor I{linzing. • 2. Consider 5/15/2006 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Conside_* Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 .MINUTES. • 4/24/06 BOARD OF APPEAL AND EQUALIZATION. • 5/1/06 REGULAR. • 5/1/06 EXECUTIVE SESSION. • 5/8/06 WORBSESSION. 3.2. , CHECg REGISTER 3.3. PAY ESTIMATES (ACCORDING TO REVISED MEMO DISTRIBUTED AT MEETING). 3.4. PAYMENT OF $20,661.12 FROM THE INSURANCE RESERVE TO LEAGUE OF MN CITIES INSURANCE TRUST FOR BUILDER'S ASSOCIATION OF TWIN CITIES LAWSUIT. 3.5. TRANSIENT MERCHANT LICENSE TO GEORGE VANDERLOOP. 3.6. TEMPORARY ON-SALE 3.2% MALT LIQUOR LICENSE FOR JULY 4, • 2006 AT LA%E ORONO PARS TO ELg RIVER AREA CHAMBER OF City Council Minutes Map 15, 2006 Page 2 COMMERCE CONTINGENT UPON RECEIVING LIABILITY AND • DRAM SHOP INSURANCE. 3.7. ANNUAL LIQUOR LICENSE RENEWALS AS OUTLINED IN THE STAFF REPORT. 3.8. ADOPT RESOLUTION 06-62 APPOINTING ALTERNATE REPRESENTATIVES FOR THE CITY OF ELg RIVER TO THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY. 3.9.A. ADOPT AMENDED CITY BUSINESS SUBSIDY POLICY. 3.9.B. ADOPT AMENDED TAX ABATEMENT POLICY. 3.9.C. ADOPT AMENDED TAX INCREMENT FINANCING POLICY. 3.9.D. ADOPT AMENDED ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY. 3.10. CONDITIONAL USE PERMIT FOR WILLIAM MATTHEWS FOR AUTO SALES/RESTORATION, CASE NO. CU 06-11 POSTPONED TO JUNE Li, 2006. 3.1L RESOLUTION 06-63 GRANTING FINAL PLAT APPROVAL FOR JABEZ, CASE NO. P 06-06 WITH THE FOLLOWING CONDITIONS: L ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 1715't AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARg DEDICATION FEE, AT THE RATE APPLICABLE AT __ _ __ THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARS DEDICATION FOR OUTLOTS A AND B SHALL BE PAID • AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 7. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. 3.12. RESOLUTION 06-64 GRANTING FINAL PLAT APPROVAL FOR PRESTIGIOUS WOODLAND HILLS SECOND ADDITION, CASE NO P 06-09 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. THE LETTER OF CREDIT SHALL COVER WETLAND • MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE NWSec~ll. )ryfM1J1. 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