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02-17-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 17, 199~ Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Tom Zerwas, Chief of Police; Jeff Asfahl, Community Recreation Director; Terry Maurer, City Engineer; Peter Beck, City Attorney; Steve Ach, City Planner; Paul Steinman, Director of Economic Development; Phil .H~ls, Street/Park Superintendent; Scoff Harlicker, Planning Assistant; Bwan Adams, Utilities Superintendent Aisc Present: Tom Mesich, Planning Commission Representative 1. Call Meefin.q To Order Pursuant fo due call and notice thereof, the special meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duifsman. 2. Consider Aqenda Items 3.1. Check Register, and 3.7. Guardian Angels of Elk River Request for Variance were pulled from the Consent Agenda. Item 4.11. Highway 10/171st Signalization, was added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FEBRUARY 17, 1998, AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A,qenda Councilmember Dietz indicated that the check made out to Rink Systems would be held until the heating issue is resolved. COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.2a. 3.2b. 3.3. 3.4. 3.S. 2/2/98 CITY COUNCIL MINUTES - APPROVED 2/2/98 SPECIAL CITY COUNCIL MINUTES - APPROVED CONDITIONAL USE PERMIT REQUEST BY PAUL KRAUSE CASE NO. CU 97-28 - POSTPONED TO 3/16/98 - APPROVED REQUEST FOR GENERAL PLANNING PERMIT BY JIM SCHROER OF THE PLANT PLACE TO OPERATE A SEASONAL GARDEN CENTER IN THE SAX FOOD PARKING LOT CASE NO. GP 98-3 - APPROVED TOBACCO LICENSE FOR TIME OUT SPORTS BAR AT 19232 EVANS STREET - APPROVED Elk River City Council Minutes February 17, 1998 Page 2 3.6a. 3.6b. 3.8. PAY ESTIMATE #14 TO M.A. MORTENSON IN THE AMOUNT OF $24,170 AND TO THE CONSTRUCTION MANAGER IN THE AMOUNT OF $8,256 FOR ICE ARENA - APPROVED FINAL PAY ESTIMATE FOR WASTEWATER TREATMENT PLANT TO GRIDOR CONSTRUCTION IN THE AMOUNT OF $16,500 - APPROVED REQUEST FOR EXCLUDED BINGO BY PARKER PARENT TEACHER ORGANIZATION - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 3.1. Check Register COUNCILMEMBER HOLMGREN MOVED TO ADD A CHECK IN THE AMOUNT OF $8,697.41 TO INNOVATIVE ELECTRONIC SOLUTIONS FOR THE PURCHASE OF A RADIO FOR THE EMERGENCY OPERATIONS SYSTEM AND APPROVE THE CHECK REGISTER AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.7. Request for Variance By Guardian Angels of Elk River, Public Hearing Case No. V 97-21 COUNCILMEMBER FARBER MOVED TO POSTPONE ACTION ON THIS ISSUE TO MARCH 16, 1998, AT THE REQUEST OF THE APPLICANT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4,1. Public Hearing Re.qardin.q Establishment of Tax Increment Financing District No. 17 Director of Economic Development Paul Steinman stated that David Decker has made a formal request for $160,000 in tax increment assistance. This request was made in October 1997. The $160,000 will be used for the purpose of completing site improvements necessary to facilitate the construction of Phase I of a 70,000 square foot multi-tenant industrial building. Paul Steinman explained that the two activities which will be completed upon approval of the Tax Increment Plan are execution of the Developers Agreement and reviewal of the micro loan request in the amount of $50,000. Paul Steinman reviewed the uses that will be allowed on the property. 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 ADOPT RESOLUTION 98-12 MODIFYING DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE DEVELOPMENT PROGRAM THEREFOR AND ESTABLISHING WITHIN DEVELOPMENT DISTRICT NO. 1 TAX INCREMENT FINANCING DISTRICT NO. 17 AND ADOPTING THE RELATED TAX INCREMENT FINANCING PLAN THEREFOR (DAVE DECKER). COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes February 17, 1998 Page 3 4.2. 4.3. 4.3a. Consider Recommendation to Hire Assistant Police Chief Police Chief Tom Zerwas indicated that the selection process has been completed for the position of assistant police chief. Chief Zerwas recommended that the Council authorize a conditional offer of employment to Jeff Beahen as assistant police chief contingent upon Jeff Beahen passing the medical, psychological and background investigation. Tom Zerwas also reviewed the wage benefit package for the assistant chief which was described in a memo to the Mayor and City Council from the police chief dated February 17, 1998. Councilmember Dietz requested that a Icg be kept of the sergeants' time spent from the middle of March to the middle of October in 1998 and compared to the same period in 1997. COUNCILMEMBER FARBER MOVED TO OFFER A CONDITIONAL OFFER OF EMPLOYMENT TO JEFF BEAHEN FOR THE POSITION OF ASSISTANT POLICE CHIEF CONTINGENT UPON HIS PASSING THE MEDICAL, PSYCHOLOGICAL, AND BACKGROUND INVESTIGATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. Consider Ordefin.q Lake Orono Sedimentation Feasibility Study COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-13 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE LAKE ORONO SEDIMENT REMOVAL IMPROVEMENT OF 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Assessable Cost Per Unit for Lake Orono Homeowners COUNCILMEMBER HOLMGREN MOVED THAT THE ASSESSABLE AMOUNT FOR THE LAKE ORONO SEDIMENT REMOVAL IMPROVEMENT FOR LAKE ORONO HOMEOWNERS BE SET AT $2,200 PER UNIT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Consider Boston Street Feasibility Study City Engineer Terry Maurer explained that the feasibility study for the Boston Street utility improvements is a small project impacting four existing lots. He indicated that two of the lots have the potential to be subdivided which would require the city to defer two assessments. Mayor Duitsman indicated that he would like to remove the street reconstruction assessment amount from the deferred portion of the assessment and add it to the units that will be assessed. He indicated that in this way those who are living in the area will be paying for the streets and the lots that could potentially be split would be deferring only the watermain and sanitary sewer portion of the assessment. COUNCILMEMBER HOLMGREN MOVED TO HAVE STAFF AMEND THE ASSESSMENT AMOUNTS TO REFLECT THE STREET RECONSTRUCTION BEING TOTALLY ADDED TO THE Elk River City Council Minutes February 17, 1998 Page 4 UNITS ASSESSED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Authofizinq Feasibility Study to Loop Watermain for Improvements to Guardian An.qels Site City Engineer Terry Maurer requested that this issue be postponed until the March 16, 1998, Council meeting. COUNCILMEMBER FARBER MOVED TO POSTPONE THIS ISSUE TO THE MARCH 16, 1998, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Boys and Girls Club Update Councilmember Thompson updated the Council on the Boys and Girls Club and Lions Club proposal to build a Boys and Girls Club building in the Lions Park. Councilmember Thompson indicated that the Boys and Girls Club are requesting that the city allow survey work to be done for a future lease or subdivision and that the city move forward with any legal work necessary for this land lease or subdivision transaction. He indicated that it is also being requested to allow the removal of peat matedal in the southeast corner of the park for the future building. Street/Park Superintendent indicated that his department would provide the labor to work on this project. Phil Hals indicated that the peat would have to be removed and clean fill brought in as soon as possible as road restrictions will be going on soon. He further indicated that the city's participation would have to cease if snow removal would become necessary. COUNClLMEMBER HOLMGREN MOVED TO ALLOW LAND PREPARATION TO BEGIN IN THE LIONS PARK IN ANTICIPATION OF THE BOYS AND GIRLS CLUB BUILDING PROJECT UNDER THE SUPERVISION OF STREET/PARK SUPERINTENDENT PHIL HALS, AND FURTHER MOVED TO APPROVE LIONS PARK AS THE LOCATION FOR THE BOYS AND GIRLS CLUB PROJECT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Utilities Commission Update Utilities Commissioner John Diefz updated the Council on issues discussed by the Elk River Utilities Commission at its February 10, 1998, meeting. 4.8. Community Recreation Annual Report Community Recreation Director Jeff Asfahl presented the 1997 Community Recreation Annual Report. 4.9. Consider Meetin.q Schedule COUNClLMEMBER HOLMGREN MOVED TO CANCEL THE FEBRUARY 23, 1998, CITY COUNCIL MEETING DUE TO LACK OF A QUORUM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes February 17, 1998 Page 5 The City Administrator indicated that there may be a need for a special meeting for the presentation of some annual reports and to hold joint meetings with the Park and Recreation and Utilities Commissions. It was the consensus of the Council that joint meetings on Tuesday would be acceptable, however no dates were set at this time. 4.10. Snowplow Safety Program for Elementary Schools Street/Park Superintendent Phil Hals indicated that the Street/Parks Department is planning to develop an educational snowplowing program for elementary schools. He indicated that the program would be developed this year and presented to the schools dudng the next winter season. It was the consensus of the Council to support this effort. 4.11. Trunk Highway 10/171,t Avenue Signalization City Engineer Terry Maurer indicated that MnDOT has authorized $80,000 for its share of the signal installation at T.H. 10 and 171,t Avenue. He requested the Council to authorize work to begin On the preparation of plans and specs assuming it is the Council's intent to have the location signalized in late 1998 or early 1999. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-14 ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE TRUNK HIGHWAY 10/171sT AVENUE SIGNALIZATION AND INTERSECTION GEOMETRIC IMPROVEMENTS OF 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.1. Closure of Mobile Home Park (Elk Terrace) Case No. GP 97-5 City Planner Steve Ach indicated that the city has received a closure statement for the Elk Terrace Mobile Home Park by Earl and Lorraine Hohlen. Mayor Duitsman opened the public hearing. Mayor Duitsman indicated that the public hearing is being held to provide the residents of Elk Terrace Mobile Home Park the opportunity to submit input regarding the closure statement. He further indicated that it is the Council's intent to review the closure statement and evaluate the impact the park closing may have on the displaced residents and the park owner. Dave Webber, 112 Baldwin, questioned the length of time the process would take. Tony Gleekel, attorney for Associated Developers, reviewed the process and indicated that the closure of the mobile home park would be done in as efficient a manner as possible. There being no further comments, Mayor Duitsman closed the public hearing. Elk River City Council Minutes February 17, 1998 Page 6 COIJNCILMEMBER THOMPSON MOVED TO ACCEPT THE CLOSURE STATEMENT FOR ELK TERRACE MOBILE HOME PARK DATED DECEMBER 4, 1997, AS COMPLETE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COLINCILMEMBER FARBER MOVED TO ACKNOWLEDGE THAT A PUBLIC HEARING HAS BEEN HELD ON FEBRUARY 17, 1998, TO REVIEW THE CLOSLIRE STATEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. COUNCILMEMBER THOMPSON MOVED THAT THE IMPACTS THE PARK CLOSING HAS ON THE RESIDENTS ON PARK OWNER HAVE BEEN EVALUATED AND ADDRESSED BY REVIEWING THE CLOSURE STATEMENT, HOLDING A PUBLIC HEARING TO RECEIVE INPUT FROM THE RESIDENTS, AND ADOPTING AN ORDINANCE FOR THE CLOSURE OF MANUFACTURED HOME PARKS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Dave Gracik Request for Preliminary Plat IHidden Creek) Public Hearin,q Case No. P 97-17 Planning Assistant Scott Harlicker indicated that Dave Gracik is requesting a preliminary plat to subdivide approximately 4.6 acres into 7 single family residential lots located at the southeast corner of 193,d Avenue and Meadowvale Road. Scott Harlicker reviewed the staff repod on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COIJNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY DAVE GRACIK FOR HIDDEN CREEK TO SUBDIVIDE 4.6 ACRES INTO 7 SINGLE FAMILY RESIDENTIAL LOTS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. o ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 15, 1997 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMII"rED TO THE CITY FOR A ONE YEAR PERIOD. SLIRFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. Elk River City Council Minutes February 17, 1998 Page 7 o 10. 11. 12. 13. 14. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. A DETAILED DEVELOPMENT PLAN OF LOT 1 BE PROVIDED SHOWING THE HOUSE PAD AND THE AMOUNT OF WETLAND NEEDED TO BE FILLED IN ORDER TO ACCOMMODATE A 26' WIDE HOUSE AND A MINIMUM 25 FOOT SETBACK FROM THE WETLAND. FRONT YARD TREES BE PLANTED ON EACH OF THE LOTS. SHARED DRIVEWAYS SHALL BE PROVIDED FOR LOTS 1 AND 2, LOTS 3 AND 4 AND LOTS 6 AND 7 IN ACCORDANCE WITH SHERBURNE COUNTY HIGHWAY DEPARTMENT'S LETTER. A PERMIT FROM SHERBURNE COUNTY MUST BE OBTAINED PRIOR TO INSTALLING THE DRIVEWAYS. CONCERNS CONTAINED IN THE COUNTY DITCH INSPECTOR'S LETTER SHALL BE ADDRESSED. DEVELOPER CONSTRUCT A 10' BITUMINOUS TRAIL ALONG MEADOWVALE ROAD. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10.00 PER LINEAL FOOT WILL BE CREDIT TO THE PARK DEDICATION REQUIREMENT. THE FOOTBRIDGE BE ELIMINATED AND THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ANY PERMITS SHALL BE PROVIDED TO THE CITY. 15. DRAINAGE AND UTILITY EASEMENTS BE PUT IN PLACE OVER THE PROPOSED DRAINAGE POND. THE EASMENT OVER THE WETLANDS SHALL BE MODIFIED TO CORRESPOND WITH THE NEW WETLAND BOUNDARY AFTER THE 400 SQUARE FEET HAS BEEN FILLED. 16. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL ASSESSMENT FOR WATERMAIN IN MEADOWVALE ROAD, AND A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ALL FEES ASSOCIATED WITH THE PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes February 17, 1998 Page 8 6.3. Jodi and Sean Ladd Request for Conditional Use Permit for Commercial Kennel, 6.3a. 6.4. Public Hearing Case No. CU 97-31 Planning Assistant Scott Harlioker indicated that Jodi and Sean Ladd have requested a conditional use permit for a commercial kennel at 11631 219th Avenue NW. He indicated that the Ladd's are proposing to convert a portion of an existing pole barn into a commercial kennel that will have the capacity to house 20 animals. 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. Tom Mesioh, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request for a commercial kennel. COUNClLMEMBER FARBER MOVED TO APPROVE THE REQUEST BY JODI AND SEAN LADD TO OPERATE A COMMERCIAl. KENNEL AT 11631 219TM AVENUE WITH THE FOLLOWING CONDITIONS: 1. THE PARKING AND DRIVEWAY BE PAVED AND STRIPED. 2. THE APPLICANT SHALL COMPLY WITH SECTION 502.36 AND 502.38 OF THE CITY ORDINANCE WHICH REGULATES KENNEL PERMITS AND KENNEL CONDITIONS. 3. THE SEPTIC SYSTEM FOR THE KENNEL BE INSTALLED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 4. THE SITE PLAN BE AMENDED TO SHOW A DUMPSTER ENCLOSURE WITH A GATE. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. Consider Request for Commercial Kennel License by Jodi Lee Bastyr Ladd COUNCILMEMBER HOLMGREN MOVED TO APPROVE A COMMERCIAL KENNEL LICENSE FOR JODI AND SEAN LADD AT 11631 219TM AVENUE NW TO BOARD UP TO 20 DOGS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Dynamics Desi.qn and Land Company, LLC for Preliminary PlatJWindsor Woods) Public Hearin.q Case No. P 97-20 City Planner Steve Ach indicated that Dynamics Design and Land Company is requesting preliminary plat approval for the plat of Windsor Woods which would allow the subdivision of approximately 71 acres into 20 - 2 % acre single family lots. He stated that the plat is located approximately one quarter mile east of County Road 1 and south of County Road 33. Steve Ach 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. Elk River City Council Minutes February 17, 1998 Page 9 Planning Commission Representative Tom Mesich indicated that the Planning Commission recommended approval of the preliminary plat. Councilmember Farber indicated his concern regarding shared driveways. COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY DYNAMICS DESIGN AND LAND COMPANY FOR WINDSOR WOODS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED IMPROVEMENTS. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT. A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM NSP STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH THE EASEMENT TO SERVICE LOTS I AND 2, BLOCK 2. ° ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM THE CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET. o ALL OF THE WETLAND APPROVALS MUST BE OBTAINED PRIOR TO FINAL PLAT APPROVAL. THIS INCLUDES LETTERS FROM THE CORPS OF ENGINEERS AND OTHER APPROPRIATE WETLAND AGENCIES. A RESTRICTIVE COVENANT SHALL BE PLACED ON THE REPLACEMENT WETLANDS AND RECORDED ALONG WITH THE PLAT. A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM DRAINAGE INTO COUNTY DITCH NO. 31. 10. A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO. 33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR WITHIN THE COUNTY'S RIGHT OF WAY. 11. THAT PORTION OF OUTLOT B WHICH EXTENDS INTO THE COUNTY RIGHT OF WAY SHALL BE "CUT BACK" OUT OF THE RIGHT OF WAY. Elk River City Council Minutes February 17, 1998 Page 10 12. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH CONSTRUCTION OF A POND. 13. OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY. 14. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS AND STREET SIGNS AS PART OF STREET CONSTRUCTION. 15. SHARED DRIVEWAYS SHALL BE UTILIZED IN AREAS WHERE THE GRADES ARE TOO STEEP AND/OR TREES NEED TO BE SAVED. 16. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE WITH CONSENT OF THE PROPERTY OWNER. 17. PARK DEDICATION SHALL BE SATISFIED BY THE PAYMENT OF CASH AT THE PER LOT RATE AT THE TIME OF FINAL PLAT. THIS SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO COMMENCING WORK ON THE SITE. 20. A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY. 21. A 50 FOOT DRAINAGE AND UTILITY EASEMENT SHALL BE ESTABLISHED ACROSS THAT PORTION OF OUTLOT C WHICH IS ADACENT TO OUNTY DITCH NO. 31. 22. PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED AND CERTIFIED. 23. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF BUILDING PERMITS. 24. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RECORDING THE PLAT. 25. A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE TREE PROTECTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren stepped down from the Council dais at this time. Elk River City Council Minutes February 17, 1998 Page 11 Ell< River Municipal Utilities Request for Conditional Use Permit for Well & Filterin.q Plant Site, Public Hearin.q Case No. CU 98-1 Planning Assistant Scott Harlicker stated that the Ell< River Municipal Utilities is requesting a conditional use permit to construct a municipal well, filtration plant, and seepage pond at the location just north of Meadowvale School adjacent to the city trail. Scott Harlicker reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the request. 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 REQUEST FOR A CONDITIONAL USE PERMIT BY THE ELK RIVER MUNICIPAL UTILITIES TO CONSTRUCT A MUNICIPAL WELL, FILTRATION PLANT, AND SEEPAGE POND WITH THE FOLLOWING CONDITIONS: THIS CONDITIONAL USE PERMIT INCLUDE THE WELL, FILTRATION PLANT AND SEEPAGE POND. THE CONDITIONAL USE PERMIT SHALL BE AMENDED WHEN THE WATER TOWER IS SCHEDULED FOR CONSTRUCTION. 2. THE EXTERIOR OF THE FILTER PLANT BE AN EARTH TONE. 3. THE DRIVEWAY BE PAVED. 4. A GRADING AND EROSION CONTROL PLAN BE PROVIDED. LANDSCAPE PLAN AND TREE PRESERVATION PLAN BE PROVIDED. MUNICIPAL UTILITIES WILL SHARE IN THE COST OF TRAIL IMPROVEMENTS AND UPKEEP NEEDED TO MAINTAIN VEHICULAR ACCESS ON THE TRAIL COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4- O. 6.6. Request for Preliminary and Final Plat Approval (ALC Center Addition) by lSD #728, Public Hearin.q Case No. P 98-1 City Planner Steve Ach indicated that Independent School District No. 728 is requesting preliminary and final plat to subdivide approximately 24 acres into four parcels and two outlots. The property is located north and northwest of the existing community education facility along School Street. Steve Ach indicated that the area included in the preliminary and final plat includes land owned by both the School District and the City of Ell< River. He explained that the primary purpose in platting the property is for the convenience of transferring property between both the School District and the City of Eli< River. Steve Ach 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. Elk River City Council Minutes February 17, 1998 Page 12 Councilmember Holmgren returned to the Council dais at this time. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY SCHOOL DISTRICT NO. 728 FOR THE ALC CENTER ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE LAND TRANSACTIONS OUTLINED IN THIS REPORT BE COMPLETED. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $2,478.30 BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. THAT AN EASEMENT DOCUMENT BE PREPARED INDICATING THAT THE EASEMENT IS INTENDED TO BE USED AS A TRAIL FOR PUBLIC PURPOSE. ALL OF THE EASEMENTS SHOWN IN THE PLAT ARE FOR DRAINAGE AND UTILITY PURPOSES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained as he was not present for the discussion of the issue. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-15 GRANTING FINAL PLAT APPROVAL FOR ALC CENTER ADDITION, CASE NO. P 98-1. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained as he was not present for the discussion of the issue. 6.7. Conditional Use Permit Request by Elk River Shopping Center JEIk River Theaters), Public Hearin.q Case No. CU 97-29 City Planner Steve Ach indicated that the Elk River Shopping Center is requesting a conditional use permit to expand the Elk River Theater from 10 to 15 movie screens. Steve Ach reviewed the staff report on this issue. Discussion was held regarding the number of parking spaces required for the theater and the potential problems that may be created in the future as the empty spaces in the mall become occupied. Councilmember Holmgren indicated his concern about stacking of vehicles and requested the city engineer to review the traffic flow in the parking lot of the mall. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY ELK RIVER SHOPPING CENTER TO EXPAND THE ELK RIVER THEATERS WITH THE FOLLOWING CONDITIONS: ADDITIONAL SIGNAGE BE LIMITED TO THREE CABINET SIGNS WHICH MAY BE PLACED IN THE EAST ELEVATION OF THE BUILDING FACING HIGHWAY 169. THESE SIGNS SHALL BE THE SAME SIZE AS THE EXISTING CABINET SIGNS. ALL THE CONDITIONS OUTLINED IN CONDITIONAL USE PERMIT CU 93-25 APPLY TO THIS NEW CONDITIONAL USE PERMIT. Elk River City Council Minutes February 17, 1998 Page 13 6.8. 6.9. THAT THE CITY ENGINEER ANALYZE THE TWO ACCESS POINTS AND THE TRAFFIC FLOW IN THE PARKING LOT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit Request by Elk River Shoppin.q Center (The Gym), Public Hearing Case No. CU 97-30 City Planner Steve Ach indicated that the Elk River Shopping Center is requesting a conditional use permit for an athletic/health club facility in the Elk River Mall. The conditional use permit request involves conveding approximately 12,000 square feet in the south end of the mall into space for a health club. Steve Ach reviewed the staff repod on the issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public headng. Councilmember Holmgren indicated his concern regarding the lack of parking for LaRose's pizza. COUNClLMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ELK RIVER SHOPPING CENTER TO OPERATE A HEALTH CLUB IN THE ELK RIVER MALL WITH THE FOLLOWING CONDITONS: HOURS OF OPERATION WILL BE MONDAY THROUGH SUNDAY, 5 A.M. TO 11 P.M. SIGNAGE SHALL CONSIST OF INDIVIDUAL LETTERS ON BOTH THE EAST AND WEST ELEVATION OF THE BUILDING. APPROPRIATE BUILDING PERMITS BE OBTAINED PRIOR TO STARTING ANY INTERIOR CONSTRUCTION. IF A PARKING PROBLEM ARISES IN THE FUTURE, THE PARKING AREA IMMEDIATELY SOUTH OF THE BUILDING SHALL BE IMPROVED. A DETAILED SITE PLAN MUST BE SUBMITTED FOR STAFF REVIEW PRIOR TO COMMENCING CONSTRUCTION. APPROPRIATE PERMITS FROM THE HEALTH DEPARTMENT BE OBTAINED PRIOR TO RECEIVING AN OCCUPANCY PERMIT. THAT THE CITY ENGINEER ANALYZE THE TWO ACCESS POINTS AND THE TRAFFIC FLOW IN THE PARKING LOT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Ordinance Amendment by the City of Elk River (Chan.qeable Copy Signs), Public Heafin.q Case No. OA 97-16 Planning Assistant Scott Harlicker indicated that the City of Elk River has initiated a,request to establish regulations regarding changeable copy signs. He Elk River City Council Minutes February 17, 1998 Page 14 indicated that the Council discussed a proposed ordinance amendment on January 20, 1998, which establishes regulations regarding changeable copy signs. He indicated that the Council had expressed concern about the minimum display period which would put the sign at the Northbound Liquor store as a non-conforming use. Scott Harlicker reviewed the proposed ordinance amendment which sets the following guidelines for signage: · a minimum separation distance of 3500 feet between signs · limited to the C3 distdct · allowed as part of an approved wall or freestanding sign · time and temperature and gas price displays would not be considered electronic message boards. Councilmember Thompson indicated that he concurs with the requirement of having the signs in the highway commercial district, however he disagrees with the regulation on the distance between signs and regulating the maximum letter size. Councilmember Farber indicated that he concurred with Councilmember Thompson. COUNCILMEMBER THOMPSON MOVED TO REFER THIS ISSUE BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. tt was suggested that this issue be discussed dudng a joint meeting with the Planning Commission. 7. Other Business There was no other business. 8. Staff Updates There were no staff updates. 9. Adjournment There being no fudher business, Mayor Duitsman adjourned the City Council meeting at 8:05 p.m. Respectfully submitted, Sandra Thac~ City Clerk