Loading...
08-03-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 3, 1998 Members Present: Mayor Duitsman, Councilmembers Dietz (6:03 p.m.), Thompson, Farber (6:03 p.m.), and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Steve Wensman, Planner; Scott Harlicker, Assistant Planner: Peter Beck, City Attorney: Phil Hals, Street/Park Superintendent: Terry Maurer, City Engineer; Sandra Peine, City Clerk 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider A.qenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 8/3/98 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consider Consent A.qenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4, 3.5, 3.6. CHECK REGISTER - APPROVED 7/27/98 CITY COUNCIL MINUTES - APPROVED RESOLUTION 98-85 APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION ON 9/15/98 - APPROVED ORDINANCE 98-11 AMENDING SECTION 1302.10 OF THE CITY CODE PERTAINING TO SEWER AVAILABILITY CHARGES (SAC) - APPROVED AUTHORIZATION TO PURCHASE A PROGRESSIVE MOWER FOR THE STREET DEPARTMENT FROM ISANTI COUNTY EQUIPMENT IN THE AMOUNT OF $7,987.50 WITH FUNDING TO COME FROM EQUIPMENT RESERVES - APPROVED AUTHORIZATION TO PURCHASE REPLACEMENT EQUIPMENT FOR THE PLOW FROM FALLS MACHINE COMPANY AT A PRICE OF $2,000 WITH FUNDING TO COME FROM EQUIPMENT RESERVES - APPROVED TOBACCO LICENSE FOR COBORN'S INCORPORATED - APPROVED ORDINANCE 98-12 AMENDING CHAPTER 208, CIVIL DEFENSE AGENCY, OF THE CITY CODE OF ORDINANCES - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-0. Elk River City Council Minutes August 3, 1998 Page 2 Councilmembers Farber and Diefz arrived at this time (6:03 p.m.) 4.1. Consider Proposal for City/Chamber Siqn Project Planner Steve Wensman indicated that the city staff and Chamber of Commerce are requesting Council authorization to work together to replace the Welcome to Elk River sign located by Lake Orono. He indicated that the city is requesting $2,000 to have a monument designed by a design company. Discussion was held by the Council regarding the Chamber's participation. It was noted by Renee Sande, executive vice president of the Chamber, that the Chamber intends to maintain the sign once the sign is erected. It was noted that the city would be paying for the sign and the cost could be in the $10,000 range. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE EXPENDITURE OF 52,000 FOR DESIGN OF THE CITY SIGN LOCATED BY LAKE ORONO. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED ,~-0. 4,2. Lake Orono Sediment Removal Supplemental Public Hearing Lake Orono Sediment Removal Supplemental Assessment Hearinq City Engineer Terry Maurer informed the Council that the city is holding a supplemental public and assessment hearing for the Lake Orono sediment removal project. He indicated that there are two property owners who were not included in the original sediment removal project. He indicated that the two property owners have been notified of the public h~aring and assessment hearing process as required in Chapter 429 of the State Statutes. Mayor Duitsman opened the public hearing and assessment hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE LAKE ORONO SEDIMENT REMOVAL SUPPLEMENTAL PROJECT AND ALSO TO ADOPT RESOLUTION 98-86 ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE LAKE ORONO SEDIMENT REMOVAL PROJECT OF 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4, 1998 Bituminous Overlay Supplemental Public Hearing 1998 Bituminous Overlay Supplemental Assessment Hearinq City Engineer Terry Maurer stated that on June 8, 1998, the City Council adopted the final assessment roll for the 1998 bituminous overlay project. He stated that since that time Street/Park Superintendent Phil Hals has recommended to add 189th Lane and the south end of Waco Street to the 1998 bituminous overlay project. Terry Maurer indicated that the residents involved in the supplemental project have been notified of the public hearing and assessment hearing as required by Minnesota Statute Chapter 429. Terry Maurer reviewed the project and stated that it is proposed to assess the property owners an amount of $1,450 per unit. Elk River City Council Minutes August 3, 1998 4.6. 4.7. 4.8. Page 3 Mayor Duitsman opened the public hearing and assessment hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE SUPPLEMENTAL 1998 BITUMINOUS OVERLAY PROJECT AND TO ADOPT RESOLUTION 98-87 ADOPTING FINAL SUPPLEMENTAL ASSESSMENT ROLL IN THE MAT[ER OF THE BITUMINOUS OVERLAY PROJECT OF 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution Awardin.q Contract for 1998 Seal Coat Improvement Program City Engineer Terry Maurer stated that the city received three bids for the 1998 seal coat improvement project. He recommended that the city award the bid to the lowest bidder, Allied Blacktop Company, at $25,570. In addition to this bid, the city will have some expenses for the street crew obtaining and spreading the seal coat rocks. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-88 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COAT IMPROVEMENT PROGRAM OF 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Quotes for Improvements to 217th Avenue Street/Park Superintendent Phil Hals stated that 217th Avenue is a dead-end sand road which staff is proposing to upgrade. He indicdted that the city received two quotes for this project, one from Essig at $21,450 and one from Big Johns at $19,150. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE RECONSTRUCTION OF 217TM AVENUE WITH THE WORK TO BE DONE BY BIG JOHNS AT $19,150 WITH FUNDING TO COME FROM STREET RESERVES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED S-0. Grading of Cass Property Wetlands Street/Park Superintendent Phil Hals indicated that staff is proposing to fill the wetlands south of the Cass property balifields and to build the access road across the abandoned judicial ditch. He indicated that the city received quotes from Essig at $21,700 and Big Johns at $19,000. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO HIRE BIG JOHNS AT $19,000 TO COMPLETE THE WETLAND RECOVERY AND MITIGATION AT THE CASS PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dietz indicated that he has received complaints regarding the condition of the Cass fields. Elk River City Council Minutes August 3, 1998 Page 4 Councilmember Diefz questioned whether Victoria Lane would be overlayed prior to resolving the issue of the semi truck driver. He indicated his concern about the truck driver driving on the road and destroying the overlay. City staff indicated fhaf they are working with the truck driver fo obtain a driveway permit from Sherburne County and also researching other cities as fo how they handle semi trucks in residential neighborhoods. It was the consensus of the Council to delay the overlaying of Victoria Lane until the issue is resolved. 4.9. Historical Society Contribution Request City Administrator Pat Klaers indicated that the Sherburne County Historical Society is requesting a contribution from the city for the proposed Heritage Center building in Becker. The request from the Historical Society is for $3,000. The City Administrator indicated that the Council may see additional requests in the future for this same project. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE A 53,000 CONTRIBUTION TO THE HISTORICAL SOCIETY FOR THE HERITAGE CENTER BUILDING PROJECT WITH FUNDING TO COME FROM THE COUNCIL CONTINGENCY FUND. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Councilmember Farber indicated that $2,000 would be an appropriate amount as the city recently contributed $2,000 to another request. THE MOTION CARRIED 3-2. Councilmembers Dietz and Farber opposed. 10. City Planner Applicant Update. City Administrator Pat Klaers indicated that the application and interview process has been completed for the city planner applicant. He indicated that the five member interview team has selected a candidate for the position, however the candidate has requested a short time period to consider the position. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO HIRE THE SELECTED CANDIDATE IF HE SHOULD ACCEPT THE POSITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Greg Lindgren of Burns Township indicated that he lived on Jarvis Street and questioned whether the city would be doing improvements to Jarvis Street. The City Engineer indicated that the portion of Jarvis Street which abuts Burns Township was dropped from the project. He indicated that it will not be completed at this time, but may be completed at a future date. Discussion was held regarding whether or not Burns Township would be included in the project and also how their costs would be spread out. The City Council recessed at 6:55 p.m. and moved to the Training Room for a worksession. The City Council reconvened at 7:00 p.m. Elk River City Council Minutes August 3~ 1998 Page 5 6.2. 6.3. .Request by Contractor Properties Developers Company (CPDC) for Zone Chan.qe, Public Hearin.q Case No. Z 97-1 Request by Contractor Properties Developers Company (CPDC) for Conditional Use Permit, Public Hearinq Case No. CU 97-11 .,Request by Contractor Properties Developers Company (CPDC) for Preliminary Plat Approval, Public Hearin.q Case No. P 97-8 City Administrator Pat Klaers indicated that the Trott Brook Farms residential project has been discussed and reviewed at numerous Planning Commission and Park and Recreation Commission meetings over the past year. The Planning Commission concluded its review of the project and made a recommendation at the July 28, 1998, Planning Commission meeting. He indicated that between the July 14 Planning Commission worksession and the July 28 recommendation on the project, most of the concerns between the city and the developer were resolved with the exception of townhome density in the southwest comer. The City Administrator indicated that after this worksession it is expected that the project will move forward for formal consideration by the Council on August 17. He stated that this meeting is a work session to allow the Council an opportunity to hear a presentation from the developer and to get a better scope of the project. Homer Tomkins of CPDC provided a general overview of the project. He indicated that the project consists of 36,5 gross acres which will include 630 single family residential and townhome units. He stated that the net density is 2.8 units per acre. Ed Hasek of Westwood Professional Services introduced himself and the firm as the engineer and planner for the project. Mr. Hasek provided some history of the project and indicated that his firm is responsible for engineering, planning, surveying, and environmental services for the project. Mr. Hasek reviewed information relating to the percentage of wetlands and the percentage of trees on the property. He indicated that the net density is 2.8 units per acre. He reviewed the city's ordinance requirements versus the developers PUD proposal regarding housing density. He indicated that the plan has been revised to meet the majority of staff and Planning Commission concerns. He indicated that there is one issue that is unresolved at this time which relates to the density of the townhomes in the southwest corner of the plat. Mr. Hasek further indicated that the project will be phased in with Phase I consisting of 64 townhomes and 83 single family homes. City Engineer Terry Maurer reviewed issues of concern that have been discussed by staff and the developer, most of which have been resolved. He indicated that the main issue that is not resolved is the density in the southwest corner. He stated the Planning Commission has recommended to reduce the number of units in this area from 1.56 too136 based on 6..5 units per acre. Terry Maurer reviewed several other issues that have been discussed by staff and developers including: · lot width · setback requirements on cul-de-sacs · tree preservation · environmental issues Elk River City Council Minutes August 3. 1998 Page 6 · wetlands · shoreland ordinance · oak wilt · streets/County Road 12 right-of-way · number of cul-de-sacs · secondary access · snow storage · sanitary sewer, water main, utilities, grading, and storm sewer Planner Steve Wensman reviewed the park dedication requirements and the Park and Recreation Commission recommendation for the development. Planning Commissioner Tom Mesich requested the Council to consider the impact this development will have on the City of Elk River including the infrastructure, schools, increase in population, and the extra burden it will put on city staff. He further indicated that the Planning Commission reviewed the proposal and is recommending approval. Planning Commissioner Louise Kuester indicated that the Planning Commission's main issue was the density of the townhomes in the southwest corner. Councilmember Holmgren left the meeting af this time (8:00 p.m.) Bill Henderson of BrightKeys Homes showed sketches of the proposed townhomes that will be built in the development. Mark Anderson of Lundgren Brothers indicated that the Lundgren Brothers firm will be building the single family homes in the development. He reviewed sketches of the proposed homes to be built in the development. Discussion was held by the Council regarding the density issue in the southwest corner. After discussion on this issue it was the consensus of the Council fhaf no decision would be made this evening, however, a majority of the Council stated fhaf they have historically been comfortable with the Planning Commission's recommendation on development projects. Mayor Duitsman opened the public hearings for Items 6.1., 6.2., and 6.3. Discussion was held by the developer and the Council regarding the possibility of a transfer of density. Mr. Homer Tomkins indicated that he may want fo consider not giving the city Ouflot F due to economic reasons if he is required to reduce the density. Allan Aust, 11039 181,t Avenue, indicated his concern about the number of cars that will be generated from the plat and the lack of roads to accommodate the vehicles. He further indicated his concern about the electric utilities running overhead. He stated he would rather see the utilities run underground. Mayor Duitsman informed the public that the hearings for these issues will be continued to August 17, 1998. Elk River City Council Minutes August 3, 1998 Page 7 7. Other Business There was no other business. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Duitsman adjourned the Council meeting at 9:15 p.m. Resp,~ctfully submitted, Sandra Peine City Clerk