08-17-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 17, 1998
Members Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Sandra Peine, City Clerk; Steve
Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney;
Terry Maurer, City Engineer; Scott Harlicker, Planning Assistant;
Steve Wensman, Planner; Jeff Asfahl, Community Recreation
Director; Bryan Adams, Utilities General Manager; Bruce West, Fire
Chief
Aisc Present:
Louise Kuester, Planning Commission Representative
1. Call Meetinq 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 FARBER MOVED TO APPROVE THE AUGUST 17, 1998, CITY
COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED .5-0.
3. Consider Consent Aqenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.2a.
3.2b.
3.3.
3.4.
3..5.
3.6.
3.7.
3.8.
CHECK REGISTER - APPROVED
8/3/98 CITY COUNCIL MINUTES - APPROVED
8/10/98 CITY COUNCIL MINUTES - APPROVED
PHOENIX ENTERPRISES REZONING-ZC 98-6 - POSTPONED TO 9/21/98 -
APPROVED
PHOENIX ENTERPRISES CONDITIONAL USE PERMIT FOR PUD HILLSIDE ESTATES
8TH - CU 98-20 - POSTPONED TO 9/21/98 - APPROVED
PHOENIX ENTERPRISES PRELIMINARY PLAT APPROVAL HILLSIDE ESTATES 8TH -
P 98-4 - POSTPONED TO 9/21/98 - APPROVED
PHOENIX ENTERPRISES REZONING - ZC 987 - POSTPONED TO 9/21/98 -
APPROVED
PHOENIX ENTERPRISES CONDITIONAL USE PERMIT FOR PUD HILLSIDE ESTATES
9TH - CU 98-21 - POSTPONED TO 9/21/98 - APPROVED
PHOENIX ENTERPRISES PRELIMINARY PLAT APPROVAL HILLSIDE ESTATES 9TM - P
98-5 - POSTPONED TO 9/21/98 - APPROVED
Elk River City Council Minutes
August 17, 1998
Page 2
3.9.
3.10.
3.11.
3.12.
3.13.
3.14.
3.15.
3.16.
3.17.
3.18.
CITY OF ELK RIVER AMENDMENT TO SUBDIVISION ORDINANCE FOR OPEN
SPACE SUBDIVISION REGULATION - OA 98-3 - POSTPONED TO 9/21/98 -
APPROVED
CARGILL APPEAL TO BUILDNG PERMIT DENIAL - GP 98-1 - POSTPONED TO
9/21/98 - APPROVED
TIM SMITH ADMINISTRATIVE SUBDIVISION - AS 98-5 - WITHDRAWN -
APPROVED
3.2% ON SALE BEER LICENSE FOR DADDY O'S CAFI~ - APPROVED
MECHANICAL AMUSEMENT DEVICE LICENSE FOR DADDY O'S CAFI~ -
APPROVED
EXEMPTION FROM LAWFUL GAMBLING PERMIT FOR ELK RIVER AREA WOMEN
OF TODAY - APPROVED
CALL SPECIAL CITY COUNCIL MEETING FOR AUGUST 31, 1998, 6 PM TO HOLD
A COUNCIL WORKSESSION ON 1999 BUDGET - APPROVED
ORDINANCE 98-14 AMENDING SECTION 200 OF THE CITY CODE OF
ORDINANCES PERTAINING TO CITY COUNCIL MEETINGS - APPROVED
RESOLUTION 98-89 ESTABLISHING THE MEETING TIME FOR THE REGULAR CITY
COUNCIL MEETINGS - APPROVED
PAY ESTIMATES:
a. #1 TO BAUERLY BROTHERS, INC. FOR THE 1998 OVERLAY PROJECT IN
THE AMOUNT OF 543,812.16 - APPROVED
b. #1 TO HARDRIVES, INC. FOR THE TH 10/UPLAND AVENUE SIGNAL
IMPROVEMENTS IN THE AMOUNT OF $110,611.47 - APPROVED
c. #1 TO RED STONE CONSTRUCTION COMPANY, INC. FOR THE BOSTON
STREET, RAILROAD DRIVE, GUARDIAN ANGELS AND JACKSON/HOLT
IMPROVEMENTS IN THE AMOUNT OF $128,369.76 - APPROVED
d. #3 TO RICHARD KNUTSON, INC. FOR WORK COMPLETED ON BUSINESS
CENTER DRIVE IN THE AMOUNT OF 537,107.57 - APPROVED
e. FINAL PAY ESTIMATE FOR THE 197TM SIGNAL IMPROVEMENT TO
COLLISYS IN THE AMOUNT OF $27,198.27 - APPROVED
TRANSFER OF WINE LICENSE FOR CHIN YUEN RESTAURANT - WITHDRAWN
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1. Fire Department Open House Update
Fire Chief Bruce West informed the Council that the Elk River Fire Department and
Ambulance Service will hold its annual Fire Department Open House and Dance
on September 19, 1998.
4.2. Wapiti Park Camp.qround Update
Building and Zoning Administrator Steve Rohlf introduced the new owners of
Wapiti Park. He indicated that campgrounds are no longer allowed in the Rlb
zone, but Wapiti Park is legally grandfathered in as a nonconforming use. Steve
Rohlf indicated that the owners of Wapiti Park, Mike and Anita Glenn, have
agreed to comply with the city's requirements to ensure that the recreational
vehicles in Wapiti Park meet the definition in state statutes. Steve Rohlf stated that
Mr. and Mrs. Glenn will be sending out a notice to all Wapiti Park Campground
campers and residents informing them of these requirements.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE RECOMMENDATION MADE
BY THE BUILDING AND ZONING ADMINISTRATOR AS INDICATED IN HIS MEMO DATED
Elk River City Council Minutes
August 17, 1998
Page 3
AUGUST 17, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.3. Lake Orono Project Update
Building and Zoning Administrator Steve Rohlf showed a video explaining the Lake
Orono sediment removal project. Following the video Steve Rohlf requested
Council approval to conduct a clean up of the dredged Lake Orono allowing
lake homeowners to bring in debris from the lake such as tires, scrap metal, brush,
etc.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE A CLEAN UP TO ALLOW LAKE
OWNER RESIDENTS TO BRING IN DEBRIS FROM THE LAKE. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.4. Utilities Commission Update
Utilities General Manger Bryan Adams updated the Council on issues discussed at
the August 11 Utilities Commission meeting.
4.5. Boys and Girls Club Update
Councilmember Thompson updated the Council on the progress of the Boys &
Girls Club. He indicated that construction is anticipated to begin very soon.
4.6. Community Recreation Board Update
Community Recreation Director Jeff Asfahl updated the City Council on issues
discussed at recent Community Recreation Board meetings. Jeff also updated
the Council on Youthbound, Youth Initiatives, Skatepark, and BMX biking.
4.7. Purchase of Optical Scan Votin.q Machines
City Clerk Sandra Peine indicated that the city has budgeted for the purchase of
four optical scan voting machines at an amount of ,$23,700. She indicated that
the machines cost approximately ,$6,200 each, excluding tax and shipping. She
further stated that the city will receive a reimbursement from Sherbume County in
the amount of $4,000 following purchase of the machines. The City Clerk
requested the Council to authorize the use of the optical scan precinct counters
at the general election on November 3, 1998.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF FOUR ES&S
100 OPTICAL SCAN VOTING MACHINES FROM ELECTION SYSTEMS AND SOFTWARE
AT A PURCHASE PRICE NOT TO EXCEED $24,800 EXCLUDING TAX AND SHIPPING
WITH FUNDING TO COME FROM THE CAPITAL OUTLAY BUDGET AND TO AUTHORIZE
THE USE OF THE MACHINES AT THE GENERAL ELECTION ON NOVEMBER 3, 1998.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Elk River City Council Minutes
August 17~ 1998
Page 4
4.8.
4.9.
Consider Amendment to Ice Arena Commission Ordinance Re,qarding
Membership
The City Administrator requested the Council to authorize an amendment of
Section 714 of the City Code of Ordinances which would eliminate the Elk River
Area Community Recreation Director as a representative on the Ice Arena
Commission and add a representative of the Park and Recreation Commission to
the Ice Arena Commission. The City Administrator further indicated that he is
recommending to appoint Dana Anderson to the Ice Arena Commission.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 98-15 AMENDING
SECTION 714 OF THE CITY CODE OF ORDINANCES PERTAINING TO THE ICE ARENA
COMMISSION MEMBERSHIP. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO APPOINT DANA ANDERSON TO THE ICE
ARENA COMMISSION AS REPRESENTATIVE OF THE PARK AND RECREATION
COMMISSION WITH HIS TERM TO EXPIRE ON DECEMBER 31, 1999. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City En.qineer Update
City Engineer Terry Maurer updated the Council on current and ongoing projects
within the city.
City Administrator Pat Klaers informed the Council that the School Board has
approved providing the city with the necessary easements for the 1999 School
Street Improvement Project. He indicated that the School Board attached a
number of stipulations to the easement provision which are inconsistent with the
city's assessment plans for the project. The City Administrator recommended that
the City Council reject the easements at this time.
COUNCILMEMBER FARBER MOVED TO REJECT THE EASEMENTS FROM THE SCHOOL
BOARD DUE TO THE STIPULATIONS ATTACHED TO THE EASEMENT PROVISIONS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Open Mike
Cecilia $cheel presented the following petitions:
To change the Charter of the City of Elk River, Minnesota requesting a
referendum vote that all voters of the city may vote for the Chief of Police
That the Charter of the City of Elk River be changed permitting all voters to
vote for all Councilmembers
That the City of Elk River not allow nonresidents of the city to serve on any
commission, committee, or board of advisory setting policy for the City of Elk
River (i.e. Planning, Utility, HRA, EDA, Park, Zoning, or any other policy and/or
spending board, committee, or commission which may organize at a future
date for the purpose of determining and influencing the life of any citizen of
the City of Elk River, Minnesota. The City of Elk River, Minnesota may hire a
Elk River City Council Minutes
August 17, 1998
Page 5
consultant to advise a board, commission, or committee. He/she may not cast
a vote with the group being advised.)
The City Clerk entered the petitions into the official record. Mayor Duitsman
indicated that the Council would respond to the petitions at a future Council
meeting.
6.1.
Planning Commission Representative Louise Kuester presented the Council with
information on a cluster development tour to Washington County, Lake Elmo,
Minnesota on Saturday, September 12, and a Keeping Nature in Your Community
Workshop. She requested that copies of this information be submitted to the
Council, Planning Commission, and Park and Recreation Commission.
Request by Chuck & Tina Allard for Administrative Subdivision, Public Headnq
Case No. AS 98-6
Planning Assistant Scott Harlicker indicated that Chuck and Tina Allard have
applied for an administrative subdivision to subdivide approximately 15 acres into
two lots on property located at 201,t Avenue on the north side of West Twin Lake.
Scott Harlicker reviewed the staff report on this issue.
Mayor Duitsman opened the public hearing.
Paul Wensky indicated that he lives near the property and stated that he has a
concern regarding how his property might be affected by the drainage because
the land is mostly wetland area.
Scott Harlicker indicated that the drainage will be reviewed at the time of
building permit application. Mayor Duitsman requested that the drainage be
reviewed by the city engineer prior to building permit issuance.
There being no further comments from the public, Mayor Duitsman closed the
public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUEST BY CHUCK AND TINA ALLARD TO SPLIT 15 ACRES INTO TWO LOTS WITH THE
FOLLOWING CONDITIONS:
ANY NECESSARY WETLAND PERMITS OBTAINED PRIOR TO DOING ANY WORK
IN THE WETLANDS.
DRAINAGE AND UTILITY EASEMENTS BE PROVIDED ALONG ALL PROPERTY
LINES, OVER THE WETLANDS AND THE DRAINAGE DITCH CONNECTING THE
WETLAND AND THE LAKE.
3. A 60 FOOT RIGHT-OF-WAY BE DEDICATED FOR 201sT AVENUE.
SUITABLE LOCATIONS FOR A PRIMARY AND SECONDARY SEPTIC SYSTEMS BE
SHOWN ON PARCEL A AND PARCEL B PRIOR TO RECORDING THE
SUBDIVISION WITH THE COUNTY.
Elk River City Council Minutes
August 17, 1998
Page 6
COMMENTS FROM THE DNR BE ADDRESSED PRIOR TO RECORDING THE
SUBDIVISION.
PARK DEDICATION IN THE AMOUNT OF $650 BE PAID PRIOR TO RECORDING
THE SUBDIVISION.
o
STORM WATER MANAGEMENT FEE IN THE AMOUNT OF $68.83 BE PAID PRIOR
TO RECORDING THE SUBDIVISION.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2.
Request by Irwin & Mar.qaret Olson for Administrative Subdivision, Public Hearing
Case No. AS 98-7
Planner Steve Wensman indicated that Irwin and Margaret Olson have made
application for an administrative subdivision to subdivide Lot 6 from Lot 4-6 of
Countryside Acres. Steve Wensman 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.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR
ADMINISTRATIVE SUBDIVISION BY IRWIN AND MARGARET OLSON TO SUBDIVIDE LOT 6
FROM LOTS 4-6 OF COUNTRYSIDE ACRES WITH THE FOLLOWING CONDITIONS:
1. DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE
PROPERTY LINES OF THE PROPOSED PARCELS.
PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $650 FOR THE NEW LOT
BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE
SUBDIVISION.
PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80
FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE
ADMINISTRATIVE SUBDIVISION.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3.
Request by Howard & Linda Abel for Conditional Use Permit for Kennel, Public:.
Hearing Case No. CU 98-19
Planner Steve Wensman indicated that Howard and Linda Abel have requested
a conditional use permit to operate a private kennel out of their home at 21031
Elk Lake Road. Steve Wensman 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.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR
HOWARD AND LINDA ABEL TO OPERATE A KENNEL OUT OF THEIR HOME AT 21031 ELK
LAKE ROAD WITH THE FOLLOWING CONDITIONS:
1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES.
Elk River City Council Minutes
August 17, 1998
Page 7
6.4.
6.5.
2. THAT THE PRIVATE KENNEL BE LIMITED TO SIX DOGS.
3. THAT ANIMAL WASTE BE DISPOSED OF PROPERLY.
4. THAT THE DOGS BE CONFINED TO THE GARAGE INDOOR KENNEL AREA IN THE
EVENINGS.
5. THAT THE GARAGE BE FULLY INSULATED.
6. THAT THE APPLICANT RECEIVE A KENNEL PERMIT FROM THE CITY COUNCIL.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by City of Elk River for Ordinance Amendment Re.qardin.q Setbacks for
Antennas, Public Hearing Case No. CA 98-2
Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting
an ordinance amendment to the setback requirements for telecommunication
towers. Scott Harlicker indicated that the Planning Commission reviewed the issue
and recommended that the Council approve setback requirements in industrial
zones at 30 feet from the front property line, 25 feet from the side property line,
and 20 feet from the rear property line. The Commission also recommended that
setbacks in all other zones, and from any property line abutting a residential use,
be the height of the tower.
Mayor Duitsman opened the public hearing.
Ken Nielsen of US West Wireless indicated that he is in full support of the
recommended ordinance amendment.
There being no further comments from the public, Mayor Duitsman closed the
public hearing.
COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 98-16 AMENDING
SECTION 912 OF THE CITY CODE OF ORDINANCES, CASE NO. OF 98-2 PERTAINING
TO SETBACKS FOR ANTENNAS. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Request by US West Wireless for Zone Chanqe, Public Hearing Case No. ZC 98-5
Request by US West Wireless for Conditional Use Permit, Public Hearinq Case No.
CU 98-16
Planning Assistant Scott Harlicker indicated that US West Wireless is requesting a
zone change to antenna overlay district and a conditional use permit for a
wireless communication antenna tower and equipment building. The property is
located at 19050 Industrial Boulevard. He explained that US West is proposing to
lease an area approximately 32' by 32' in order to construct a 150 foot tall self-
supporting monopole. Scott Harlicker reviewed the staff report on these two
items.
Elk River City Council Minutes Page 8
August 17, 1998
Mayor Duitsman opened the public hearings. There being no one for or against
the matters, Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 98-17 AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO ANTENNA
OVERLAY, ZC 98-5. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY US WIRELESS FOR A 150 FOOT WIRELESS TELECOMMUNICATION
TOWER AND SUPPORTING EQUIPMENT WITH THE FOLLOWING CONDITIONS:
1. THE TOWER BE DESIGNED TO ACCOMMODATE 2 ADDITIONAL USERS.
FENCING SHALL BE 8 FEET TALL AND A COLOR TO MATCH THE EXISTING
BUILDING.
THE TOWER SHALL BE A COLOR THAT BLENDS IN WITH THE SURROUNDING
ENVIRONMENT.
4. NO SIGNS, LIGHTING OR ADVERTISING ARE ALLOWED ON THE TOWER.
THE APPLICANT SHALL SUPPLY AN INTERMODULATION STUDY TO EVALUATE
ANY POTENTIAL INTERFERENCE PROBLEMS.
AN ENGINEERED FALL ZONE ANALYSIS CONDUCTED BY A QUALIFIED
STRUCTURAL ENGINEER SHALL BE PROVIDED. THIS REPORT SHALL SPECIFY IN
WRITING THAT ANY COLLAPSE OF THE TOWER WILL OCCUR WITHIN A
SPECIFIED FALL ZONE WITHIN A LESSER DISTANCE THAN THE SETBACK.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.7.
Request by Dynamics Desiqn and Land Company for Preliminary Plat (Barsody
Hills), Public Hearin.q Case No. P 98-2
Planning Assistant Scott Harlicker indicated that Dynamics Design and Land
Company have requested to amend a previously approved preliminary plat from
92 acres into 8 single family lots to 92 acres into 4 single family lots. The property is
located at the north side of County Road 21 and 217th Avenue alignment. Scott
reviewed the staff report on this issue.
City Engineer Terry Maurer indicated that the Planning Commission requested that
a right-of-way for the street be adjusted so that the property owner to the south
would be able to access the proposed street.
Marly Glines of Dynamics Design and Land Company indicated that there was
sufficient access to the property as there were two accesses off of the county
road. He requested that condition #11 regarding modification of the plat to
allow the adjacent property owner to the southeast access to the cul-de-sac be
deleted.
Elk River City Council Minutes Page 9
August 17, 1998
6.8.
6.9.
6.10.
Planning Commission Representative Louise Kuester indicated that the Planning
Commission felt that if the plat were not modified at this time it could cause long
range problems for the city in the future.
It was the consensus of the Council to delete condition # 11.
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 PRELIMINARY PLAT (BARSODY
HILLS) REQUEST BY DYNAMICS DESIGN INC. TO SUBDIVIDE 92 ACRES INTO 4 SINGLE
FAMILY LOTS WITH THE FOLLOWING CONDITIONS:
°
o
°
o
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE
PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC
IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON
COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO
GUARANTEE QUALITY OF WORK.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
PARK DEDICATION FEE IN THE AMOUNT OF 51300.00 BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION.
APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND
DISTURBANCE.
10. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Contractor Properties Developer's Company ICPDC) for Zon~
Chan.qe, Public Hearinq Case No. ZC 97-1
Request by CPDC for Conditional Use Permit, Public Hearinq Case No. CU 97-11
Request by CPDC for Preliminary Plat Approval (Trott Brook Farms), Public Hearing
Case No. P 97-8
Planning Assistant Scott Harlicker indicated that CPDC has made a request for a
zone change from Rle (single family residential) and Rlc (single family
Elk River City Council Minutes Page 10
August 17~ 1998
residential). He further indicated that the applicant has requested a preliminary
plat and conditional use permit for the planned unit development.
City Engineer Terry Maurer explained that the City Council thoroughly reviewed
these issues at a previous Council worksession. He indicated that since that
meeting the developers and sfaff have mci fo discuss cedaln issues that had not
been resolved. Terry Maurer indicated that there has been notifications made to
all agencies requiring the wetland conservation act. He also indicated that an
environmental assessment worksheet was completed and it has been determined
that an environmental impact statement is not necessary for this project. Terry
Maurer explained that the concern of density in the southwest corner of the plat
has been reviewed by staff. He explained that since the last Council meeting the
developer has revised his plan to show a total number of 42 units in the southwest
corner of the plat which is a reduction of 14 units. He indicated that staff feels this
meets the intent of the recommendation by the Planning Commission to gain
more green space within the plat. Terry Maurer discussed other issues which are
noted in his memo to the City Council dated August 13, 1998. The issues discussed
included Outlot F in the northeast corner of the plat, watermain issues, and utility
extensions.
Mayor Duitsman indicated that this is a continued public hearing and opened
the hearing to the public. There being no comments from the public, Mayor
Duitsman closed the public hearing.
City Attorney Peter Beck explained that this project cannot move forward without
sanitary sewer and water service and that the City Council has not yet approved
the extension of sanitary sewer and water to this area of the city. He explained
that approval of the project is contingent upon the City Council ordering the
extension of sanitary sewer and water service to this area and the developer
entering into an agreement with the city for the extension of sanitary sewer and
water service to the project.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE WETLAND CONSERVATION ACT
PLAN, INCLUDING THE PROPOSED FILLINGS AND WETLAND MITIGATION ON THE
PROJECT SITE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 98-90 REGARDING
THE ENVIRONMENTAL REVIEW PROCESS FOR THE PROPOSED TROTT BROOK FARMS
PROJECT SETTING FORTH THE CITY COUNCIL'S FINDINGS OF FACT REGARDING THE
NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT AND DECLARING THAT THE
PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT IS NOT NECESSARY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 98-18 REZONING CERTAIN
PROPERTY FROM R1C, SINGLE FAMILY RESIDENTIAL AND R1E, SINGLE FAMILY
RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT, CASE NO. ZC 97-1.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCIIMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUEST BY CPDC, CASE NO. CU 97-11, SUBJECT TO THE CONDITIONS LISTED IN THE
STAFF REPORT TO THE MAYOR & CITY COUNCIL FROM SCOTT HARLICKER, PLANNING
Elk River City Council Minutes Page 11
August 17~ 1998
ASSISTANT, DATED AUGUST 17, 1998. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR
TROTT BROOK FARMS REQUESTED BY CPDC SUBJECT TO THE CONDITIONS LISTED IN
THE STAFF MEMO TO THE MAYOR & CITY COUNCIL FROM SCOTT HARLICKER,
PLANNING ASSISTANT, DATED AUGUST 17, 1998. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.11.
6.12.
6.13.
Request by Sand Companies, Inc. for Amendment to PUD A.qreement to Allow
Hotels/Motels as a Conditional Use
Request by Sand Companies, Inc. for Preliminary Plat Approval IEIk River Retail
Center No. 2), Public Hearin.q Case No. P 98-3
Request by Sand Companies, Inc. for Conditional Use Permit for Hotel, Publi~.
Hearin.q Case No. CU 98-18
Planning Assistant Scott Harlicker indicated that Sand Companies, Inc. has made
the following applications:
· a request for an amendment to the PUD agreement for Elk River Retail Center
to allow hotels/motels as a conditional use
· a request for preliminary plat approval for Elk River Retail Center #2
· a request for a conditional use permit for a hotel.
Scott Harlicker indicated that the Sand Companies is proposing to construct a 78
unit Country Inn and Suites on property located north of Perkins at Elk Hills Drive
and Highway 169. The property is located in the Elk River Retail Center planned
unit development, Lots 2, 3, and 4, Block 1. Scott Harlicker reviewed the staff
report on these three requests. Scott also reviewed the Planning Commission
concerns and recommendation.
Mayor Duitsman opened the public hearing.
Planning Commission Representative Louise Kuester indicated that the Planning
Commission had concerns with the following issues:
· the height of the berm
· trash receptacle enclosure and location
· a 20 foot trail
· the size of the sign
· the ends of the buildings - the issue being that there are no windows on the
buildings at the end, giving a stark appearance.
Tim Christian, 189th and Dodge, indicated his concern regarding the height of the
sign and stated that he did not want to be able to see the sign from his residence.
Jamie Thielen, vice president of Sand Companies, indicated that they would like
the sign to be higher than the proposed pedestrian bridge so as to have highway
visibility. He indicated he would be willing to work with staff regarding this issue
when staff is aware of the bridge height. Mr. Thielen indicated that he would
have no problem moving the trash receptacle behind the berm. Mr. Thielen
requested the option not to replace the sidewalk that was removed for grading
Elk River City Council Minutes
August 17~ 1998
Page 12
purposes. He indicated he spoke to the owner of Perkins Restaurant who stated
that the sidewalk doesn't get used and feels it is not necessary. Mr. Thielen
discussed the parking issue and requested that the parking be allowed to be
phased in.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE PROPOSED PUD AMENDMENT
TO ALLOW HOTELS/MOTELS AS A CONDITIONAL USE IN THE ELK RIVER RETAIL CENTER.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNClLMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST FOR
ELK RIVER RETAIL CENTER #2 WITH THE FOLLOWING CONDITIONS:
THE LOT LINES BE ADJUSTED SO THE PARKING NEEDED FOR THE MOTEL IS
CONSTRUCTED ON LOT 1.
A 20 FOOT EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 1 BE
DEDICATED TO ALLOW CONSTRUCTION OF A PEDESTRIAN PATHWAY.
AN AMENDED PLANNED UNIT DEVELOPMENT AGREEMENT BE SIGNED AND
RECORDED PRIOR TO RECORDING THE PLAT
ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 7/22/98 BE
INCORPORATED INTO THE PLAT.
CROSS ACCESS PARKING AGREEMENT BE PREPARED AND REVIEWED BY THE
CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE DRAINAGE AND UTILITY EASEMENT EXTENDING THROUGH LOT 2 BE
VACATED PRIOR TO RECORDING THE PLAT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITONAL USE PERMIT
FOR COUNTRY INN AND SUITES FOR A 78 UNIT HOTEL WITH THE FOLLOWING
CONDITIONS:
WORK WITH STAFF TO INCLUDE ARCHITECTURAL TREATMENTS FOR THE EAST
AND WEST BUILDING ELEVATIONS.
THE FREESTANDING SIGN HAVE A MAXIMUM HEIGHT OF 30 FEET AND A
MAXIMUM WIDTH OF 171/:z FEET. THE LOCATION OF THE SIGN WILL BE
APPROVED BY STAFF. ALL SIGNS WILL REQUIRE SIGN PERMITS.
THE LANDSCAPE PLAN BE REVISED TO ADDRESS THE COMMENTS OUTLINED IN
THE CITY ENGINEER'S MEMO AND THE STAFF REPORT.
ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED 7/22/98 BE
INCORPORATED INTO THE PLANS.
ALL IMPROVEMENTS TO THE PARKING LOT FOR BOTH THE HOTEL AND THE
OFFICE BUILDING CAN BE PHASED IN AS APPROVED BY THE CITY ENGINEER.
Elk River City Council Minutes
August 17, 1998
Page 13
6.14.
ALL ADDITIONAL PARKING NEEDED FOR THE PROPOSED EXPANSION WILL
HAVE 1'O COMPLY WITH SETBACK REQUIREMENTS OF 20 FEET.
o
THE TRASH RECEPTACLE LOCATION BE MOVED TO THE CENTER OF THE PLAT
AS APPROVED BY CITY STAFF.
8. ALL BUILDING AND FREESTANDING SIGNS WILL REQUIRE A SIGN PERMIT.
A STOP SIGN BE INSTALLED AT THE INTERSECTION OF THE ACCESS DRIVE
BEHIND THE PROPOSED OFFICE AND THE ENTRANCE TO PERKINS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Sand Companies, Inc. for Easement Vacation, Public Hearin.q Case
No. EV 98-5
Planning Assistant Scott Harlicker indicated that Sand Companies, Inc. is
requesting to vacate a 10 foot drainage and utility easement in the Ell< River
Retail Center. 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.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-91 VACATING
DRAINAGE AND UTILITY EASEMENTS FOR CASE NO. EV 98-5. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Engineer Terry Maurer indicated that the Planning Commission had a
concern regarding the traffic flow on 189m and Dodge and suggested that the
city authorize doing a traffic study to see if it warrants a four-way stop sign at that
intersection.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE CITY ENGINEER TO DO A
TRAFFIC COUNT AT THE INTERSECTION OF 189TM AND DODGE AVENUE.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Other Business
There was no other business.
Staff Updates
There were no staff updates.
Elk River City Council Minutes
August 17, 1998
Page 14
9. Adjournment
There being no further business, ,~a¥or DuJtsman adjourned the meeting at 8:17'
p.m.
Respectfully submitted,
Sandra Peine
Cihz Clerk