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05-20-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 20, 2002 Members Present: Members Absent: Staff Present: Also Present: Mavor I, Zlinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City, Administrator Pat K2aers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City, Attorney Charlie Wilson, Recreation Manager Michele Bergh, Prosecuting Attorney Chris Johnson, Police Chief Tom Zerwas, and Recording Secretary Tina Allard Planning Commissioner Michael Baker and Park and Recreation Commissioner Tim Sladek Call Meeting To Order Pursuant to due call and nodce thereof, the meedng of the Elk River City Council was called to order at 6:03 p.m. by blayor I~dinzing. Consider 5/20/2002 Agenda Mayor I~dinzing requested to add Item 4.0 bin Department of Public Safety Presentation of Gift to Police Department and Item 7.1 Sherburne County Fair Update. Director of Planning M. ichele blcPherson requested to move Item 6.2 to the Consent Agenda. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1, 5/6/02 CITY COUNCIL MINUTES 5/13/02 CITY COUNCIL MINUTES 3.2. GENERAL PLANNING PERMIT TO FURNITURE AND THINGS TO SET UP A TENT IN THEIR PARKING LOT WITH THE FOLLOWING CONDITIONS: a. THE TENT AND THE AREA AROUND THE TENT BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. b. THE LOCATION OF THE TENT BE CONSISTENT WITH THE SUBMITTED SITE PLAN. City Council Minutes May 20, 2002 Page 2 4.0. 4.1. 4.2. c. THE TENT BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.3. REQUEST BY NEW INNOVATIONS HOMES, INC. FOR PRELIMINARY PLAT APPROVAL CASE NO. P 02-09 POSTPONED UNTIL JUNE 17, 2002 3.4. MASSAGE THERAPIST LICENSE TO MATTHEW PETERSON TO PRACTICE THERAPEUTIC MASSAGE AT SIMONSON'S SALON. 6.2. REQUEST BY ROGER JOHNSON FOR ADMINISTRATIVE SUBDIVISION CASE NO. AS 02-04 POSTPONED UNTIL JUNE 17, 2002. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. NEN Department of Public Safew Presentation of Gift Police Chief Tom Zerwas introduced Mark Geronin and Bob O'Brien from the Minnesota Department of Public Safety. Mark Geronin discussed the Safe and Sober campaign and how it benefits Minnesota. Bob O'Brien stated that the Elk River Police Department is an exemplary, agency and that the M2N Department of Public Safety uses the Elk River police department as an example in training sessions with other agencies. He presented Chief Zerwas ~vith a Mobile Vision In- Squad video camera for the outstanding ~vork the department does. Utilities Commission Update Councilmember John Dietz provided the Council with an update regarding the May 14, 2002, Utilities Commission Update. He stated that there was discussion on the Jackson Street ~vater tower, ~vhich is no longer in use. The water to~ver needs to be painted and it is esUmated to cost $50,000. The Heritage Preservation Commission would Like to save the water tower due to its historical significance. Councilmember Dietz stated that the decision on what to do xvith the water tower has been postponed until next month. The other major discussion point from the May 14 meeting was employee wages and benefits. Park and Recreation Commission Update Director of Planning Michele McPherson gave the Council and update of the May 8, Park and Recreation Commission meeting. She stated that numerous structures in trees have been found in the parks and need to be removed due to liability reasons. COUNClLMEMBER MOTIN MOVED TO ENDORSE THE PARK AND RECREATION COMMISSION'S RECOMMENDATION TO IDENTIFY PARK BOUNDARIES, INSTALL PARK BOUNDARY SIGNS, AND REMOVE TREE FORTS AND OTHER STRUCTURES FROM PARK PROPERTY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Cotmcil Minutes Mav 20, 2002 4.3. Page 3 4.2.A. Consider Amendments to the Lions Park Center Faciliw Use Policy Recreation Manager Michele Bergh presented changes to the Lions Park Center po[icy. Councilmembers Modn and Kuester questioned the definition of a service organization and how it could be determined which group ~vould fit into this classification. Councilrnember Modn questioned why a fee couldn't be charged to service organizations. Mayor Iadinzing stated that the Lions Club donated the building to the city and the Club didn't feet the city was meeting the needs of service organizations by allowing them to use the Gcility free of charge. Councilmember Dietz stated that the city needs to recoup the costs that are incurred to maintain and operate the building. He stated that the city should be allowed to run it as they like. Councilrnember Kuester stated that the building shouldn't cost the city money. COUNCILMEMBER MOTIN MOVED TO TABLE THIS ISSUE UNTIL MID JUNE WITH THE FOLLOWING INSTRUCTIONS: 1. THAT STAFF ARRANGE A MEETING WITH THE LIONS CLUB WITH TWO COUNCILMEMBERS PRESENT. 2. THAT THE PRIORITIES OF SERVICE ORGANIZATONS AND NON- PROFIT ORGANIZATIONS BE DEFINED AND DETERMINED. 3. THAT THE FEES BE RECONSIDERED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2.B. YMCA Summer Use of Emporium Update Recreation Manager Michele Berg provided an update on the YMCA's use of the Emporium. 4.2.C. Nhscellaneous Recreation Updates, Including the Ciw Park Usage Policy Recreation Manager bIichele Berg provided an update on city recreation activities. She stated that registration levels are equal compared to last year's. Comprehensive Plan Update and Citizen Appointment Director of Planning 2vfichele McPherson stated that the f'mst meeting of the Comprehensive Task Force was on May 2, 2002. She stated that ~'ormal appointment of the resident members of the Task Force was needed. Councilmember Tveite provided at- update of the Comprehensive Plan public meeting held on May 16, 2002. He stated that thc group present was diverse and they discussed a range of issues such as growth, transportation, and funding. Councilmember Modn expressed disappointment in the public turnout. City Council Minutes Page 4 May 20, 2002 COUNCILMEMBER KUESTER MOVED TO APPOINT DICK GRUYS, RON HALPAUS, KEVIN SCOTT, GARNET NOVOTNY, LANCE LINDBERG, AND KENDRA LINDAHL AS RESIDENT MEMBERS OF THE COMPREHENSIVE PLAN UPDATE TASK FORCE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Consider Resolution and Order for Removal of Buildings on the Babinski Property, City Prosecutor Chris Johnson stated that he would like the Council to make a finding that the Babinskd property located at 740 Proctor Avenue is a health and safety hazard and to order that the buildings on this property be removed. He reviewed photos of the current state of the property. Nix. Johnson discussed the procedure that he 5vould use to follow through to resolve this matter. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02- 41 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE BUILDINGS LOCATED AT 740 PROCTOR AVENUE, CITY OF ELK RIVER, MINNESOTA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Consider M[N/DOT Cooperative Agreement Zane Avenue Improvements City Engineer Terry. blaurer provided an update regarding responsibility of costs between b'[NDOT and the city for the Zane Street Improvements along Highway 10. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 02-42 ENTERING INTO A CO-OPERATIVE AGREEMENT WITH MN/DOT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Consider Pascal Street Paving City Engineer Terry Maurer stated that a survey was sent to residents on Pascal Street questioning if they ~vould like their street paved. He stated that a majority of the responses from the residents stated that they ~vould like their road to remain gravel. It was the consensus of the Council that the road should remain gravel. 5. Open Nfike No one appeared for open mike. 6.1. Request by James Nord for Administrative Subdivision, Public Hearing - Case No. AS 02- os Michele McPherson submitted the staff report. Ms. McPherson stated that James Nord is requesting to subdivide 8.7 acres into a 2.81 acre parcel and a 5.90 acre parcel Mayor ICdinzing opened the public hearing. There being no one to speak to this issue, Mayor I*2linzing closed the public hearing. City. Council Minutes Page May 20, 2002 COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ° ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. THE APPLICANT SHALL PAY PARK DEDICATION FEES FOR ONE LOT PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. o THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES FOR ONE LOT PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by David Hipsag for Administrative Subdivision, Public Hearing - Case No. AS 02-06 Planner Chris Leeseberg submitted the staff report. Nh:. Leeseberg stated that David Hipsag is requesting to subdivide his property into a 10.7 acre and a 9.92 acre property. He discussed the lot layout and park dedication fees. Mayor Iadinzing opened the public hearing. Shane Hipsag 11684 213th Avenue - Stated that the legal descriptions on his parcel and his neighbor's parcel are incorrect and they just ~vant it switched back. Mayor Ia-2inzing stated that the applicant needed to work with staff on resolving this issue. She stated that it would need to be ~vorked out with Sherburne County or a lot line adjustment would need to be completed. Mayor Iadinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO TABLE THIS ISSUE UNTIL IT COULD BE RESOLVED AS TO WHAT THE CORRECT PROCESS FOR THE APPLICANT SHOULD BE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Consider Wetland Conservation Act Decision ,~Vindsor Park 3rd) - WCA 02-4 Building and Zoning Administrator Steve Rohlf submitted the staff report. Planner Scott Harlicker presented the report. He stated that the developer for Windsor Park 3rd Addition is proposing to f'fll wetlands to accommodate roads, trails, and lots in this plat. The Technical Evaluation Panel (TEP) reviewed this request. City, Council Minutes Page 6 May 20, 2002 COUNCILMEMBER MOTIN MOVED TO APPROVED THE FILLING AND MITIGATION PLAN FOR WINDSOR PARK 3pm ADDITION WITH THE FOLLOWING CONDITIONS: THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE MITIGATION AND BUFFER AREAS. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. THAT A LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION WORK. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AN D THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. BLANDING'S TURTLE RECOMMENDATIONS: a. OVERSIZED ELLIPTICAL OR BOX CULVERTS ARE USED WHERE ROADS FOR THE PLAT CROSS THE WETLANDS b. SURMOUNTABLE CURBS ARE USED IN THE PLAT c. NATURAL VEGETATION IS MAINTAINED IN THE BUFFER AREAS ADJACENT TO THE WETLANDS. d. THE DEVELER IS REQUIRED TO INFORM CONSTRUCTION WORKERS FOR PLAT IMPROVEMENTS AND HOME CONSTRUCTION OF THE EXISTENCE OF BLANDING'S TURTLES IN THIS AREA. e. SILT FENCE IS USED ADJACENT TO ALL WETLANDS WITHIN THE PLAT. f. DISTURBED AREAS WITHIN THE PLAT ARE REVEGETATED WITH NATIVE GRASSES AND FORBS. g. SHALLOW TYPE 2 AND 3 WETLANDS WITHIN THE PLAT ARE NOT DREDGED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Dynamics Design & Land Co for Final Plat Approval 0X/indsor Park 3~a) - Case No. P 02-03 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Cascade Land Company is requesting final plat approval for Windsor Park 3ra Addition, a 93 lot single family cluster development. He discussed street and lot layout, ouflots, park dedication fees, and the ,.veil and septic. City, Cotmcil Minutes Page 7 May 20, 2002 COUNClLMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-43 GRANTING FINAL PLAT APPROVAL FOR WINDSOR PARK 3R~ ADDITION WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. o A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. OUTLOT A, OUTLOT C AND OUTLOT D BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 12. ALL MAILBOXES BE CLUSTERED. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Mfnutes Page 8 May 20, 2002 14. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 15. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 16. THE DEVELOPER SHALL INSTALL THE BITUMINOUS TRAIL ALONG THE SOUTH SIDE OF COUNTY ROAD 33 FROM THE EAST TO WEST BOUNDARIES OF THE PLAT AND A BITUMINOUS TRAIL CONNECTING THE TRAIL IN WINDSOR PARK WITH COUNTY ROAD 33. 17. A SIDEWALK SHALL BE INSTALLED ALONG THE WEST SIDE OF PASCAL STREET FROM THE SOTH BOUNDARY OF THE PLAT TO COUNTY ROAD 33. 18. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED MEDIANS AND THE LANDSCAPED ISLANDS IN THE CCUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND $SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT 19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 20. OUTLOT E SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION REQUIREENTS. A SMALL CASH DEDICATION SHALL ALSO BE REQUIRED. 21. ALL COMMENTS IN THE SHERBURNE COUNTY HIGHWAY DEPARTMENT LETTER SHALL BE ADDRESSED. 22. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT A. A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. B. THE DEVELOPER'S AGREEMENT FOR THE PROEJCT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. C. THE DEVELOPER OBTAIN ALL THE APPLICABLE PERITS PRIOR TO FILLING ANY WETLANDS. D. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. E. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF City Council Minutes May 20, 2002 Page 9 PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPALCEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 23. THE DEVELOPER RECEIVE ALL THE NECESSARY COUNTY AND DITCH AND REAPORTIONMENT PERMITS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5°0. 6.6. Request bv Coborn's for a Conditional Use Permit for Signage, Public Hearing - Case No. CU 02-13 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that Coborn's is requesting a pharmacy drive-thru sign on their canopy on the west side of the building. Mayor I,Ginzing opened the public hearing. Mark Wahlin Coborn's representative - Stated that the sign would help reduce unwanted traffic in the area, such as people trying to return videos or drop off t-tim. He stated that the sign would be proportional to the building and visible to Highway 169. Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR ADDITIONAL SIGNAGE ON THE WEST FACADE OF THE PHARMACY DRIVE-THRU CANOPY WITH THE FOLLOING CONDITIONS: 1. THE SIGN WILL CONSIST OF INDIVIDUAL LETTERS. 2. SIGNAGE SHALL BE PLACED AT THE ENDS OF THE CANOPY TO IDENTIFY THE ENTRANCE AND EXIT OF THE DRIVE -THRU. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Twistmasters Gymnastics, Inc. for Conditional Use Permit, Public Hearing - Case No. CU 02-12 Director of Piannmg Michele McPherson submitted the staff report. Ms. McPherson stated that Twistmasters Gymnastics, Inc. is requesting a conditional use permit (CUP) to allow a gymnastics facility in the Business Park District. She stated that according to the ordinance language for Business Park standards, the gymnastics facility' did not fit in as a conditional use. She stated that the Planning Commission denied the request for the CUP. Mayor Kflinzing opened the public hearing. City, Council Minutes May 20, 2002 Page 10 Rick Martens, President of Brookstone - Stated that he felt this facility would be an appropriate use in the Business Park District because of the design and space location needs of this type of facility. A gymnastics facility, requires ceiling height and a lot of square footage. He presented examples and photos of gymnastics facilities in other communities. Mr. Martens stated that there is a community need for this facility. Renee Flynn, Owner of Twistmasters, Inc. - Stated that this facility would be a benefit to the surrounding businesses and communities. She stated that many families wouldn't sign up for gymnastics programs because of the travel time to get to facilities located in other communities. Jennifer Bartlett, Proposed Manager of Twistmasters, Inc. - Stated that many gymnastics programs have been dropped due to budget cuts. This hcility would offer teaching opportunities for judges and coaches. It would offer structure and a safe environment to -kids. Mallory Shek, Elk River High School Gymnastics - Stated that this facility would offer young kids an opportunity to get into the sport. Shonna Flynn, Elk River High School Gymnastics - Stated that she xvould 15ke to get into coaching and this facility xvould provide her the skills needed. Bena McCardy, Elk River High School Gymnastics - Stated that travel time getting to facilifies in other communities is a struggle. Nicole Sandoway, Elk River High School Gymnastics - Read a letter that her mom had written that stated this facility xvould be a benefit to the surrounding business and the community. Mayor K2inzing closed the public hearing. Mayor ICtinzing questioned whether' there could be an.ordinance amendment to allow this type of facil/ty into the Business Park standards. Councilmember Tveite inquired about traffic and if the neighboring business were notified. Ix.h:. Martins stated that there was ample parking in the lot and that most of the gymnastics facility hours would be during evenings and weekends. Councilmember Motto stated that this facility, does not fit in with a conditional use and suggested an interim permit while an ordinance amendment could be developed. COUNCILMEMBER MOTIN MOVED ISSUE AN INTERIM USE PERMIT TO TWISTMASTERS GYMNASTICS, INC. TO EXPIRE IN DECEMBER 31, 2005 (AND DIRECTED STAFF TO DRAFT AN ORDINANCE AMENDMENT TO ALLOW THIS TYPE OF FACILITY USE AS A CONDITIONAL USE IN THE BUSINESS PARK DISTRICT) BASED ON THE FINDING THAT THIS USE IS SIMILAR TO VOCATIONAL, TECHNICAL, AND TRADE SCHOOLS ALLOWED AS A CUP IN THE BUSINESS PARK DISTRICT. COUNClLMEBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council took a recess at 8:12 p.m. and resumed at 8:21 p.m. City Council N~utes 3clay 20, 2002 Page 11 6.8. Request by John Affords for Amendment to the Land Use Map to Change the Land Use from N[R to HR, Public Hearing- Case No. LU 02-02 Request by John Alfords for Rezoning from Rlc to R4, Public Hearing - Case No. ZC 02- 03 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that John Alfords is requesting a land use amendment to change 423 and 433 Irving Avenue from MR (Medium Density Residential) to HR (High Density Residential) so that he can build an 8-12 unit apartment building on 423 Irving Avenue. He would also Like to rezone this property from Rlc (Single Family Residential) to R4 (Multiple Family Residential). Mayor IClinzing opened the public hearing for the land use amendment and the rezoning. There being no one to speak to either of these issues, Mayor K. linzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-44 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HR ( HIGH DENSITY RESIDENTIAL WITH THE FOLLOWING CONDITION: 1. THE LAND USE IS COMPATIBLE WITH THE SURROUNDING LAND USES. COUNCILEMMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 02-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED WITH THE FOLLOWING CONDITION: 1. THE REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request bv North Memorial Health Care for Amendment to a Conditional Use Permit for Signage, Public Hearing- Case No. CU 02-07 Senior Planner Scott Hariicker submitted the staff report. Nix. Harlicker stated that North Memorial Health Care is requesting an amendment to the conditional use permit for Elk River Plaza 4th Addition to allow three additional wall signs. Mayor Fdinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Nfinutes Page 12 May 20, 2002 COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THREE ADDITIONAL WALL SIGNS WITH THE FOLLOWING CONDITION: THAT THE SIGN ON THE WEST SIDE OF THE BUILDING FACING FREEPORT AVENUE NOT BE ILLUMINATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Request by GSS Properties, LLC for Rezoning from Rlc to R3 (I~diever Lake Fields East,), Public Hearing- Case No. ZC 02-04 6.12. Request by GSS Properties, LLC for Preliminary, Plat Approval (,Kliever Lake Fields East,), Public Hearing - Case No ZC 02-02 Michele McPherson submitted the staff report. She stated that the applicant is requesting to rezone property from R1C, Single Family Residential to R3, Townhome District and is requesting preliminary plat approval. She discussed the findings of the Planning Commission for denying this plat. She also discussed the building requirements. Mayor Ia-2inzing opened the public hearing. Horst Grazier, GSS Properties - Stated that he started working on this development prior to the townhome moratorium. He didn't feel that density was an issue with his development, as it matched other developments in the area. Mayor IClinzing closed the public hearing. Councilmember Motin stated that he is opposed to this development due to its density. He felt that these type of developments are good near commercial and industrial areas but that this development was too far away from the commercial/industrial areas. Councilmember Dietz stated that the findings in the Planning Commission's denial of the plat were discriminatory. He felt the townhomes were appropriate in their location as they are right next to Trott Brook Farms, a similar development. He stated that a townhome development couldn't be denied just because the Commission or the Council may feel there are too many of them in the community. Councilmember Motin agreed that the findings by the Planning Commission are not a good basis for denial. Councilmember Kuester concurred. Councilmember Kuester would like to see a mixed-use development, not all townhomes. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-09 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL) AS DESCRIBED, CASE NO. ZC 02-04 BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE LAND USE PLAN. City Council Minutes May 20, 2002 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT PROPERTIES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER MOTIN OPPOSED. Page 13 Councilmember Tveite stated that the building standard designs for the exterior facade are not met. He would like to see more brick, stone, or stucco used and some type of vertical break. Mark Strandlin, Shade Tree Construction - Stated that he would be willing to work with staff to meet the building standards. Councilmember Kuester stated that she was concerned about the amount of parking available. She did not feel that there was enough parking. COUNCILMEMBER KUESTER MOVED TO APPROVE THE PRELIMINARY PLAT FOR KLIEVER LAKE FIELDS EAST WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 3. THAT THE MAILBOXES SHALL BE CLUSTERED. 4. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. City Council Minutes Page 14 blay 20, 2002 10. A HOMEONWERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 11. THE BUILDING MATERIAL PROPORTIONS SHALL COMPLY WITH THE STANDARDS ESTABLISHED IN THE R3 DISTRICT. 12. THAT EXTRA PARKING ALONG THE STREET BE WORKED OUT WITH STAFF. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.13. 6.14. 6.15. Request by D.R. Horton for Rezoning from Rlc to PUD ,(Marshes of Trott Brook Farms), Public Hearing - Case No. ZC 02-05 Request by D.R. Horton for Conditional Use Permit for Site Plan Approval ,(Marshes of Trott Brook Farms), Public Hearing- Case No. CU 02-14 Request by D.R. Horton for Preliminary. Plat Approval (Marshes of Trott Brook Farms), Public Hearing - Case No. P 02-08 Senior Planner Scott Harlicker submitted the staff report. He stated that D.R. Horton is requesting a zone change from Rlc to PUD, and CUP for a PUD, and preliminary plat for Marshes of Trott Brook Farms. He discussed the PUD unit mix, lot and street layout, parking, and park dedication requirements. Mayor I~dinzing opened the pubic hearing for all three of these requests. Tom Bakritges, Project Manager for D.R. Horton - Discussed the development concept. He stated that they modified part of their plan to meet some of the Metropolitan Council's goals. He stated that if R3 standards are imposed then they would have to modify their design, which would not be a benefit to the city, and the Met Council's goals would not be met. He felt that if his development is in a PUD zone is should not have to comply with the R3 building materials standards. Mayor I~linzing closed the public hearing. Councilmember Kuester asked the developer what would change if he had to comply with the R3 standards. Mr. Bakritges stated that he would have to add $10,000 to $15,000 per unit. Ms. McPherson stated that the setback for the R3 standard is 30 feet and the proposed development is at 25 feet. Councilmember Dietz questioned what the city would be gaining with this rezoning to PUD. Mr. Bakritges stated that a better laid out plan would be gained. The original layout had more streets and not as good access points. The current layout is smoother flowing and has more open space. Planning Commissioner Baker stated that the city would be gaining affordable housing. Councilmember Tveite stated that he didn't like the rear facades of the townhomes on Tyler Street to be all vinyl siding facing single family residential homes. Councilmember Dietz concurred. City Council Minutes May 20, 2002 COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM R1C TO BASED ON THE FOLLOWING FINDINGS: Page 15 1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER'S COMPHREHENSIVE LAND USE PLAN. 2. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 3. THAT THE MAILBOXES SHALL BE CLUSTERED. o A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. Oo THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. City Council Minutes May 20, 2002 11. 12. 14. 15. 16. Page 16 SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF ALL STREETS. A HOMEONWERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS INCLUDING THE EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. A DETAILED LANDSCAPE PLAN FOR THE AREA AROUND THE TOWNHOUSE UNITS WILL BE REQUIRED. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: A. A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. B. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. C. THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. D. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. E. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. F. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. VANCE STREET BE CONNECTED ACROSS THE GAS LINE EASEMENT AND, SHOULD THAT CONNECTION PROVE UNWORKABLE, THEN CONNECT VANCE DRIVE WITH TYLER COURT. City Council Minutes May 20, 2002 17. Page 17 THE TOWNHOUSE EXTERIORS CONSIST OF MULTIPLE COLOR PALLETS. 18. ALL COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED 19. THAT THE DEVELOPER WORK WITH STAFF ON THE R3 BUILDING STANDARDS FOR THE TOWNHOMES ALONG TYLER COURT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KUESTER MOVED TO APPROVE THE PRELIMINARY PLAT FOR MARSHES OF TROTT BROOK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.16 Councilmember Kuester wished to commend the Planning Commission for the good work they have done. Request by Royal Oaks Realty. for Preliminary. Plat Approval .(Nordic Hills), Public Hearing - Case No. P 02-7 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that applicant is requesting preliminary plat approval of Nordic Hills. She discussed street and lot layout and park dedication requirements. Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor Iadinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR NORDIC HILLS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. A SIDEWALK SHALL BE CONSTRUCTED ALONG THE SOUTH SIDE OF 194TM AVENUE. 3. STREETLIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. City Council Minutes Page 18 May 20, 2002 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE TRAIL OUTLOT AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3o A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 17. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. ALL MAILBOXES SHALL BE CLUSTERED. 19. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council ~Minutes May 20, 2002 7.1. Sherburne County, Fairboard Discussion Page 19 Mayor K1/nzing stated that the Agricultural Society moved to approve that the Sherburne County Fair be moved from Elk River to Becker. She stated that she received many complaints about the city squeezing the Fair out of its current location. She wanted to make it clear that the city has been working with the County and the Fairboard to try and keep the Fair in Elk River. Councilmember Tveite stated that if the Fair does decide to move, it xvouldn't happen soon. He stated that the Fair would lose business and money if it moved out to Becket. He stated that the move would depend on how much funding Sherburne County would put into the Fair. The Council concurred that they would like a letter sent to the Sherburne County Fairboard, the Agricultural Society, and Sherbume County Board stating the desire of the City of Elk River to keep the Sherburne County Fair in Elk River. 8. Staff Updates City Administrator Pat K_laers discussed the City Council meeting schedule for the following week. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:08 p.m. Tina Allard Recording Secretary