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07-15-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 15, 2002 Members Present: Members Absent: Staff Present: Also Present: Mayor I~inzing, Councilmembers Kuester, Motin, and Tveite Councilmember Dietz City Administrator Pat I~daers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Charles Wilson, Fire Chief Bruce West, WWTP Chief Operator Gary Leirmoe, Finance Director Lori Johnson, and Recording Secretary Tina Allard Planning Commissioners Dana Anderson and Michael Jenson Park and Recreation Commissioner David Briggs Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor ICflinzing. Consider 7/8/2002 Agenda Item 3.1. was removed from the consent agenda and added before Open Mike. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.2. REQUEST BY GRUBB & ELLIS FOR EASEMENT VACATION, PUBLIC HEARING - CASE NO. EV 02-04 - CANCELLED 3.3. REQUEST BY RICHARD MOCHINSKI FOR CONDITIONAL USE PERMIT TO CONSTRUCT 6,832 SQ. FT. RETAIL FACILITY & CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL OF BATTERIES PLUS, PUBLIC HEARING - CASE NO. CU 02-23 - POSTPONED TO 8/19/02 3.4. ACCEPT RESIGNATION FROM PLANNING COMMISSIONER TOM MESICH City Council Minutes Page 2 July 15, 2002 3.5. REQUEST BY DANIEL O'BRESKY FOR CONDITIONALUSE PERMIT FOR SUBWAY RESTAURANT (ELK RIVER CROSSING 4x"), PUBLIC HEARING - CASE NO. CU 02-24 - TABLED TO 8/19/02 3.6. REQUEST BY TOLLEFSON DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL (TWIN LAKES CROSSING), PUBLIC HEARING - CASE NO. P 02-05 - TABLED TO 8/19/02 3.7. REQUEST BY RAYMOND RENNER FOR EASEMENT VACATION, PUBLIC HEARING - CASE NO. EV 02-05 - TABLED TO 8/19/02 3.8. AUTHORIZATION TO BUDGET THE 2002 PENSION CONTRIBUTION OF $23,400 TO THE ELK RIVER FIRE RELIEF ASSOCIATION 3.9. AUTHORIZATION TO ALLOW THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AUTHORITY TO EXECUTE THE NECESSARY DOCUMENTS FOR PARTICIPATION IN THE MINNESOTA COMMUNITY CAPITAL FUND AND TO DEPOSIT $50,000 FROM THE CITY OF ELK RIVER MICRO LOAN FUNDS TOWARDS THIS FUND COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Kuester thanked Tom Mesich for his exemplary service on the Planning Commission. 3.1. City Administrator Pat Klaers requested two changes to Item 5.3., Consider Bids for Public Safety Facility and for City Hall/Utilities Addition. COUNCILMEMBER MOTIN MOVED TO APPROVE THE JULY 8, 2002 MINUTES WITH THE RECOMMENDED CHANGES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Ross Bengston, 374 Baldwin Avenue - Stated that he had a sewer backup in his basement. He stated that his insurance and the city's insurance company both denied his claim. He believed the city was responsible for the backup (as the backup happened in the city's section of the sewer line) and they should pay for the damage to his basement. He wants $4,800 to pay a bill to Service Master for cleaning and for ripping out carpeting, sheetrock, and other miscellaneous items. He would like another $3,500 to replace the carpet, insulation, and sheetrock. Finance Director Lori Johnson explained the claims process. She stated that the city's insurance company denied the claim because the city was diligent in maintaining the sewer lines and is therefore not negligible for causing damages to the Mr. Bengston's basement. She stated that the claim was also denied due to the timeliness of Mr. Bengston's phone call to the city. City Council Minutes Page 3 July 15, 2002 WWTP Chief Operator Gary Leirmoe stated that he is unsure of the exact reason why the backup occurred. City Attorney Charles Wilson stated that typically the homeowner's insurance would cover this type of claim depending on the homeowner's coverage. He stated that the homeowner should take action against his own insurance company. Staff should be looking at providing information to help support a non-flood determination by Mr. Bengston's insurance. Mayor Klinzing inquired into what process a resident should follow when a sewer backup occurs after hours. She stated that the city should have information placed on the voicemail system that is easy for residents to understand. Mayor Klinzing stated that she is concerned about liability issues for the city if the Council decides to pay any funds to Mr. Bengston. Council directed staff to research this issue further and bring back a recommendation. 5.1. Utilities Update City Administrator Pat Klaers provided the Council with an update of the July 15, 2002 Utilities Commission meeting. 5.2. NCDA Update Senior Planner Scott Harlicker provided an update regarding the July 11, 2002 meeting of the NCDA. He stated that the NCDA decided to continue its efforts to support commuter rail and to ask Mn/DOT to reevaluate the commuter rail station for the City of Ramsey. 5.3. Park & Recreation Commission Update Director of Planning Michele McPherson provided the Council with an update of the July 10, 2002 Park and Recreation Commission meeting. She stated that city recreation is concerned about the school district's increase in fees for District facility rental usage. Councilmember Kuester stated that the Park and Recreation Commission felt the school district was not happy about having to pay fees to use Lions Park Center, Woodland Trails Park, the Ice Arena, and that they may be upset about the field maintenance issues. She felt the city should have a meeting with the school district to resolve these issues. Councilmember Motin expressed disappointment in the School Board. He stated that the city has helped to fund the Little Theater, covered the shortfall of funds for when community recreation dissolved (which the city was not responsible for), and given them a break on ice arena usage. He feels the city has gone above and beyond helping the school district with funding. Council requested staff to schedule a meeting with Councilmembers, staff, a Park and Recreation Commissioner, and the school district to discuss these issues. 5.4. Comprehensive Plan Update Director of Planning Michele McPherson provided an update on the June 27, 2002, Comprehensive Task Force meeting. City Council Minutes July 15, 2002 Page 4 5.5 Consider Ci.ty Hall Metal Roof Bid City Administrator Pat Kdaers stated that the bid had not been accepted by Council for the roofing of the city hall building. He stated that the roofing contract needs to be awarded. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE BID FROM SPECIALTY SYSTEMS, INC., IN THE AMOUNT OF $59,372 FOR INSTALLING A METAL ROOF FOR THE CITY HALL/UTILITIES ADDITION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Request for Funds from the Elk River Area Arts Alliance for 2003 Elk River Area Arts Alliance Executive Director Sharon Tracy discussed arts programming and the outreach efforts of numerous organizations within the state. Elk River Area Arts Alliance Treasurer Tony Darkenwald discussed the need for arts in the community and the contribution the arts make to the community. She requested $10,000 from the city's budget each year. (The previous level has been $5,000.) Mayor I~dinzing stated that the arts are a great asset to the community and that this funding request would be discussed during the budgeting process. 5.7. Request to Donate Pumper to Maple Hill Township Fire Chief Brace West stated that he recently visited Maple Hill Township and discovered that they are in need of a pumper for use along the Gunflint Trail. He stated that the Elk River Fire Department has been looking to fred another fire department that could use the city's 1972 Cabover Ford Pumper. Chief West stated that he would like to donate the 1972 Pumper to Maple Hill Township. COUNCILMEMBER MOTIN MOVED TO APPROVE THAT THE FIRE DEPARTMENT'S 1972 CABOVER FORD PUMPER BE DONATED TO THE MAPLE HILL TOWNSHIP FOR PUBLIC USE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Chief West provided an update on the water levels of the Mississippi and Elk Rivers that are rising due to recent heavy rains. 6.1. Request by D.R. Horton for Final Plat Approval, Marshes of Trott Brook Farms, Case No. P 02-08 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat approval for Marshes of Trott Brook Farms. He discussed the plat layout. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-60 GRANTING FINAL PLAT APPROVAL FOR MARSHES OF TROTT BROOK FARMS, CASE NO. P 02-08 WITH THE FOLLOWING CONDITIONS: City Council Minutes July 15, 2002 ............................. 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. Page 5 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. o AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEES FOR 31 UNITS AT THE CURRENT RATE 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. 9. 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. 11. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF ALL STREETS. A HOMEOWNERS 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. 13. A DETAILED LANDSCAPE PLAN FOR THE AREA AROUND THE TOWNHOUSE UNITS WILL BE REQUIRED. 4. 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. City Council Minutes July 15, 2002 ............................. 15. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: Page 6 · A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. · 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. · 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. 16. VANCE STREET BE CONNECTED ACROSS THE GAS LINE EASEMENT AND, SHOULD THAT CONNECTION PROVE UNWORKABLE, THEN CONNECT VANCE DRIVE WITH TYLER COURT. 17. THE TOWNHOUSE EXTERIORS CONSIST OF MULTIPLE COLOR PALLETS. 18. ALL COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2, Request by D.R.. Horton for Final Plat Approval, Trott Brook Farms South 2~d Addition, Case No. P 02-14 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat for Trott Brook Farms South 2nd Addition. He discussed lot and street layout, landscaping, and Park and Recreation Commission action. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-61 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS SOUTH 2N~) ADDITION, CASE NO. P 02-14 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. City Council Minutes Ju~y 15, 2002 Page 7 PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIMED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO TWIN LAKES ROAD. 3. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 5. THAT THE MAILBOXES SHALL BE CLUSTERED. ANY ADDITIONAL ARTIFACTS THAT ARE FOUND DURING ANY PHASE OF THE PROJECT SHALL BE REPORTED IMMEDIATELY TO THE CITY AND SHPO. THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. 7. 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. 9. PARK DEDICATION FEES FOR 54 UNITS AT THE CURRENT RATE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. 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. 14. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. City Council Minutes Page 8 July 15, 2002 15. A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. 16. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 17. OFF-STREET PARKING SHALL BE PROVIDED AS REQUIRED BY THE ORDINANCE. 18. BUILDING MATERIALS SHALL COMPLY WITH THE ORDINANCE. 19. 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. 20. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Administrator Pat Klaers noted that there is a pending property exchange agreement for parkland between the city and developer and that the Item 6.1. and 6.2. plats will not be recorded until the exchange is complete. 6.3. Request by Royal Oaks Realty. for Final Plat Approval, Nordic Hills, Case No. P 02-07 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting final plat of Nordic Hills. She discussed lot and street layout, and the Park and Recreation Commission action. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-62 GRANTING FINAL PLAT APPROVAL FOR NORDIC HILLS, CASE NO. P 02- 07 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. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes July 15, 2002 Page 9 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. 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. 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. 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. City Council Minutes July 15, 2002 18. ALL MAILBOXES SHALL BE CLUSTERED. Page 10 19. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Gordon Moldenhauer for Final Plat Approval, Mississippi Oaks 3rd Addition, Case No. P 02-11 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting final plat approval of Mississippi Oaks 3~d Add/don. She gave an overview of the project and discussed lot and street layout along with the park dedication requirements. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 02-63 GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI OAKS 3m) ADDITION, CASE NO. P 02-11 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 3. 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. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. 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 OUTLOT A AND ESTABLISHING VEGETATIVE COVER. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 10. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE City Council Minutes July 15, 2002 AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. Page 11 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. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. 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. 16. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES UP TO 2.7 ACRES OF LAND BEHIND LOTS 25-29, BLOCK 2. IF THE 2.7 ACRES OF LAND IS NOT AVAILABLE, CASH DEDICATION FOR THE REMAINDER TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DETENTION POND SHALL BE DELETED FROM THE 2.7 ACRES. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. 19. SIDEWALKS SHALL BE PROVIDED AS INDICATED ON THE UTILITY PLAN. 20. CONSERVATION EASEMENT FROM TREE REMOVAL SHALL BE FILED PRIOR TO THE CITY EXECUTING THE FINAL PLAT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by GSS Properties, LLC for Final Plat Approval, Kliever Lake Fields East, Case No. P 02-02 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is seeking final plat for Kliever Lake Fields East. She discussed zoning, lot layout, landscaping, and park dedication requirements. City Council Minutes July 15, 2002 ............................. Page 12 COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-64 GRANTING FINAL PLAT APPROVAL FOR KLIEVER LAKE FIELDS EAST~ CASE NO. P 02-02 WITH THE FOLLOWING CONDITIONS: THE PLAT SHALL BE REVISED TO INCLUDE RIGHT OF WAY TO EXTEND 179TM STREET TO FILLMORE AND THE CONNECT THE TOWNHOME STREET TO 179TM STREET. BOTH STREETS SHALL BE CONSTRUCTED IN THIS PHASE OF THE DEVELOPMENT. 2. 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. 4. THAT THE MAILBOXES SHALL BE CLUSTERED. 5. A SEALCOAT FEE IN THE AMOUNT DETEREMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. AN ENGINEERING ESCROW IN THE AMOUND DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUND 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. 9. THE DEVELOPER SHALL PROVIDE A 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. 11. A HOMEOWNERS 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. 12. THE BUILDING MATERIAL PROPORTIONS SHALL COMPLY WITH THE STANDARDS ESTABLISHED IN THE R3 DISTRICT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Motin opposed. City Council Minutes Page 13 July 15, 2002 Councilmember Motin stated that townhomes should be built in buffer areas, such as along commercial and industrial areas. He stated that this plat represents townhomes leapfrogging over residential areas. 6.6. Request by Roger Johnson for Administrative Subdivision, Public Hearing- Case No. AS 02-04 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant would like to subdivide nme acres into three industrial lots. He discussed the existing layout, the proposed lot layout, and Park and Recreation Commission action. Mr. Harlicker stated that three existing buildings do not conform to the setback requirements and the applicant could be given a variance or the buildings would need to be tom down. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. Discussion was held regarding the three buildings and the setback requirements. MAYOR KLINZING MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: THE WETLAND SHALL BE DELINEATED, SHOWN ON THE SURVEY AND INCLUDED IN A DRAINAGE AND UTILITY EASEMENT. 2. THE RIGHT OF WAY FOR 161sT AVENUE SHALL BE SHOWN ON THE SURVEY. o PARK DEDICATION FEES FOR PARCEL TWO SHALL BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION; PARK DEDICATION FOR PARCEL 1 SHALL BE PAID WHEN SOLD; AND PARCEL THREE PARK DEDICATION SHALL BE PAID WHEN CONVERTED TO AN INDUSTRIAL USE. 4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 5. SURFACE WATER MANAGEMENT FEES SHALL BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. A VARIANCE BE GRANTED FOR ONLY THE BUILDING LOCATED ON PARCEL ONE. THE TWO SHEDS ON PARCEL THREE SHALL STAY NONCONFORMING. COUNCILMEMBER MOTIN SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION BY ADDING CONDITION SEVEN REQUIRING PARK DEDICATION FEES FOR PARCEL ONE BE PAID AT THE TIME THE LOT IS SOLD AND THAT PARCEL THREE PARK DEDICATION FEES BE PAID WHEN THE PROPERTY IS CONVERTED TO AN INDUSTRIAL USE. MAYOR KLINZING SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 4-0. City Council Minutes July 15, 2002 Page 14 THE MOTION AS AMENDED CARRIED 4-0. 6.7. Request by James & Kim Schuweiler for Administrative Subdivision, Public Hearing- Case No. AS 02-08 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting an administrative subdivision to create three parcels. He discussed lot layout, street access, and the Park and Recreation Commission action. Mayor ICdinzing opened the public hearing. There being no one to speak to this issue, Mayor IYdinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. Request by John Bailey for Conditional Use Permit to Allow Horses in Rlc Zoning District, Public Hearing - Case No. CU 02-22 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a conditional use permit to permanently stable and pasture five horses and to temporarily stable and pasture five additional horses on 17.5 acres of land. He reviewed the site's conditions, shelter, fencing. Mayor Kdinzing opened the public hearing. Dan Anderson, 209 Norfolk Avenue - Stated that he is a neighbor of the applicant and he does support the conditional use permit. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW UP TO TEN HORSES ON 17.3 ACRES WITH THE FOLLOWING CONDITION: 1. IF MORE THAN TEN HORSES ARE ON SITE, THE CONDITIONAL USE PERMIT SHALL BE AMENDED. City Council Minutes July 15, 2002 Page 15 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9. Request by Contour Excavating, Inc. for Preliminary. Plat Approval .(Birchview), Public Hearing- Case No. P 02-12 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting preliminary plat of Birchview, a five lot subdivision. He discussed street and lot layout, wetlands, and Planning Commission action. Mayor Klinzing opened the public hearing. Andrea Eggert, 20897 Quincy Street - Stated she has concerns regarding the preservation of the unique topography of the land. She is concerned with how this development will affect adjoining property owners. She is concerned about the wetlands on the property and drainage. She reviewed photos of the area proposed to be platted. City Engineer Terry Maurer discussed the recommendations of the Technical Evaluation Panel. Dan Peter$on, 20687 Quincy Street - Stated that he supports the project but has concerns regarding the safety of the left turn lane on County Road 33 and its proximity to his driveway. He stated that he would like access to 207th Avenue. Marry Campion, Civil Engineer Otto Associates - Stated that there is enough high land above the wetland elevation to build upon. Mayor ICdinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT FOR BIRCHVIEW WITH THE FOLLOWING CONDITIONS: 1. THERE WILL BE NO ACCESS FROM LOT 1 TO COUNTY ROAD 13. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. STREET LIGHTS 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 16 July 15, 2002 7. 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. o 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. e 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. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. 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. 14. ALL MAILBOXES SHALL BE CLUSTERED. 15. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. 16. THE APPLICANT SHALL MEET WITH THE WETLAND TECHINCAL EVALUATION PANEL (TEP) PRIOR TO SUBMITTING THE PRELIMINARY PLAT TO THE CITY COUNCIL FOR THEIR CONSIDERATION. 17. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. City Council Minutes Page 17 July 15, 2002 · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. · 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. · 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. 18. THAT ADDITIONAL RIGHT OF WAY ALONG THE SOUTH BOUNDARY LINE OF THE PLAT IN THE AREA OF THE CUL-DE- SAC BE GRANTED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Request by Gmbb & Ellis for Final Plat Approval .(Elk River Crossing 4th Addition), Public Hearing - Case No. P 02-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat approval for Elk River Crossing 4th Addition. He gave an overview of the project and discussed lot and street layout. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-65 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER CROSSING 4TM ADDITION CASE NO. P 02-13 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SHARED ACCESS SHALL BE REQUIRED ON THE TWO LOTS COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.11. Request by Phoenix Enterprises for Easement Vacation, .(Woods at Hillside 2~a), Public Hearing - Case No. EV 02-07 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting an easement vacation of existing drainage and utility easements on Lot 4, Block 3 of Woods at Hillside Second Addition. He stated that the easements need to be vacated because the area is a wetland. New easements will be drawn when the applicant completes Woods at Hillside Third Addition. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. City Council Minutes Page 18 July 15, 2002 COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-66 VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 02-07 WITH THE FOLLOWING CONDITION: 1. THE LOT BE REPLATTED AS PART OF THE WOODS AT HILLSIDE THIRD ADDITION. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.12. Request by Phoenix Enterprises for Final Plat Approval (Woods at Hillside yd), Case No. P 02-16 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat for Woods at Hillside Third Addition. He gave an overview of the plat and discussed layout, landscaping, and park dedication requirements. COUNCILMEMBER TVEITE MOVED TO RESOLUTION 02-67 GRANTING FINAL PLAT APPROVAL FOR WOODS AT HILLSIDE THIRD ADDITION, CASE NO. P 02-16 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. 6. PARK DEDICATION FEES FOR 16 LOTS AT THE CURRENT RATE 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. 9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. City Council Minutes Page 19 July 15, 2002 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 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. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.13. Request by Innovation Homes, Inc., for Preliminary. and Final Plat Approval .(Echo Hill), Public Hearing - Case No. P 02-09 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting preliminary and final plat approval of Echo Hill. Mr. Leeseberg gave an overview of the project and discussed the redrawn lot lines, the drainage changes, landscaping, and park dedication requirements. Mayor ICdinzing opened the public hearing for the preliminary plat of Echo Hill. Ron Nizolek, 12275 Rush Circle - Stated that he is concerned about the loss of trees because of the long driveways. He is concerned about the narrowness of the slopes and their ability to handle septic systems. Mayor I~dinzing closed the public hearing. City Engineer Terry Maurer stated that there is sufficient room for septic systems on these lots. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT OF ECHO HILL AND TO ADOPT RESOLUTION 02-68 GRANTING FINAL PLAT APPROVAL FOR ECHO HILL, CASE NO. P 02-09 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. City Council Minutes Page 20 July 15, 2002 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. PARK DEDICATION SHALL BE IN LAND (1.5 ACRES) AND SHALL BE IN A TRAIL CORRIDOR ALONG THE SOUTH PROPERTY LINE OF THE PLAT. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. THE DEVELOPER SHALL BE RESPONSIBLE FOR REMOVING ALL DEAD/FALLEN TREES WITHIN THE PROPOSED TRAIL CORRIDOR. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. MAILBOXES SHALL BE CLUSTERED. 12. THE PLAT SHALL COMPLY WITH THE R1A SETBACK REQUIREMENTS. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. LOTS 3 & 4 SHALL BE ALLOWED TO BE LESS THAN THE REQUIRED LOT WIDTH OF 160-FEET. 16. LOT 4 SHALL BE ALLOWED TO BE LESS THAN 2.5-ACRES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes Page 21 July 15, 2002 6.14. Request by Tollefson Development for Rezoning from Rle (Single Family Residential) to R3 Townhouse/Mulfiple Family), .(Twin Lakes Crossing), Public Hearing - Case No. ZC 02-07 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting to rezone 109 acres from Rle and Rlc (Single Family Residential) to R3 (Townhouse District). He gave an overview of the surrounding layout, and discussed wetlands. He stated that the Planning Commission denied the rezoning request and discussed their reasons. Mayor Klinzing opened the public hearing. Bill Griffith, Larkin, Hoffman, Daly & Lingren, Ltd - Stated that he represents the applicant. He submitted a letter stating that after reviewing the procedural record, his ftrm believes that the 60 day period has expired on the zoning application and the zoning application is approved by state statute, effective June 29, 2002. Mr. Griffith reviewed the findings for denial by the Planning Commission and stated that he disagrees with the findings. He stated that R3 does meet the land use designation of MR (Medium Density Residential), that the Comprehensive Plan is a compelling reason for the rezoning request, and that public opposition is not a sufficient basis for denial of the application. Doc Bohlman, Project Developer - Started discussing the preliminary plat. Mayor Klinzing asked him to keep his comments to the rezoning issues. Mr. Bohlman had no further comments. Darian Gadi$, 19134 Twin Lakes Road - Stated concern of increased traffic. Howard Gulstad, 19030 Twin Lakes Road - Stated concerns of tree loss and the conservation of wetlands. He is concerned about drainage. He reviewed aerial photos with the Council. Peggy King 18913 Twin Lakes Road - Stated that she is ashamed of the attitude of the developer. She stated that the applicant requested an extension for the rezoning. She is concerned about environmental issues and traffic. She stated that she is not opposed to development but feels that the area should be single family homes and not townhomes. Ken Jordan, 18990 Twin Lakes Road - Stated he is concerned about the rezoning. He stated that the school district can't handle the townhome growth. He stated that community issues must to be worked out before more housing is added. Dave Briggs, 18927 Albany Street - Stated that the developer would be the only beneficiary in this project. Glen Irtel, 19075 Twin Lakes Road - Stated that he is not against this parcel of land being developed but he is opposed to the density being proposed by the applicant. He submitted a petition to the City Council. Bill Griffith, representing the applicant - Stated that less than one acre of wetland in the revised project is impacted. He stated that the applicant has been working with the Technical Evaluation Panel to reduce wetland impacts. He stated that schools are not an issue, as funding will follow the students. City Council Minutes Page 22 July 15, 2002 Mayor Klinzing closed the public hearing. Councilmember Motin stated that townhomes do not belong in this location. He stated that the developer has made it clear that he wishes to clear cut the trees in the area. He stated that townhomes should be near commercial/industrial areas and not leapfrogged around existing residential. He stated that the Council looks at the area as a whole in terms of determining mixed uses and not on a plat-by-plat basis. He stated that he is concerned about traffic issues and due to the limited availability of east to west routes in Elk River, old County Road 13 is being left open (rather than installing the cul-de-sac that had been planned earlier). Councilmember Tveite stated that the primary objective of the R3 zoning district is to act as a buffer. He stated that in this plat there is nothing to buffer, as there are single family homes on each side of this proposed plat. Councilmember Kuester stated that the Council looks at how each plat affects Elk River as a whole and not as an individual plat. She stated that school funding doesn't automatically follow where students go; especially for capital projects. Mayor I4dinzing stated that changes have been made to the Comprehensive Plan since its inception in order to have more control on the growth of the community. She stated that the R3 zone was created to allow townhomes to act as a buffer. City Attorney Charlie Wilson stated that the Council should consider the concerns heard on this issue as additional findings for deny the rezoning request. COUNCILMEMBER MOTIN MOVED TO DENY THE REZONING FROM R1E AND R1C TO R3 BASED ON THE FOLLOWING FINDINGS: THE CURRENT ZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF MR (MEDIUM RESIDENTIAL). 2. THERE IS NO COMPELLING REASON FOR THE REZONING REQUEST. THE PROPOSED REZONING TO R3 IS NOT COMPATIBLE WITH THE ADJACENT R1A (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. 0 THE PROPOSED REZONING TO 1t3 ALLOWS FOR INCREASED HIGHER RESIDENTIAL DENSITY WHICH WOULD RESULT IN HIGHER GENERATION OF TRAFFIC THAN THE EXISTING ZONING. THE REZONING WILL RESULT IN ADVERSE IMPACTS ON THE SCHOOL DISTRICT BEYOND CITY CONTROL. THE SCHOOL DISTRICT'S PLAN IS BASED ON CURRENT ZONING AND THE INCREASED DENSITY ALLOWED BY THE PROPOSED REZONING WILL BRING ADDITIONAL STUDENTS. City Council Minutes Page 23 July 15, 2002 6. THE PROPOSED REZONING WILL HAVE AN ADVERSE IMPACT ON THE ENVIRONMENT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.15. Request by City of Elk River for Ordinance Amendment to Allow Fitness/Athletic Training Centers as a Conditional Use Permit in the Business Park Zoning District, Public Hearing - Case No. OA 02-03 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that an interim use permit was granted to a gymnastics facility and Council directed staff to prepare an ordinance amendment to allow this type of use as conditional in the Business Park District. She stated that the Planning Commission voted unanimously to deny the amendment, citing that it was not consistent with the intent of the Business Park District. The EDA voted to support the amendment. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor IZdinzing closed the public hearing. Planning Commissioner Michael Jenson stated that the Commission felt that by allowing this type of facility into the Business Park it would take away from the intentions of the Business Park District. He is concerned about an undesirable business using the new standards for a conditional use in the Business Park. He stated that this type of facility would fit better into a Highway Commercial zone. Planning Commissioner Dana Anderson stated that a gymnastics facility does not belong in the Business Park. He stated that prospects wishing to move into the Business Park Center might view the facility as undesirable and not want to move in next to it. Councilmembers Motin were unsure if the ordinance should be amended to allow this type of facility into the Business Park but also didn't feel comfortable allowing the gymnastics facility to have an interim use permit if there is a significant likelihood for renewal. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 02-12 AMENDING SECTION 900.12(16) OF THE CITY CODE OF ORDINANCES, BP - BUSINESS PARK DISTRICT, CASE NO. OA 02-03. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION FAILED 3-1. Councilmember Kuester opposed. A four-fifths vote is needed to pass the ordinance. 6.16. Update: Elk River Station Director of Planning Michele McPherson reviewed the status of the project. She stated that staff would like direction on whether this plat should be reviewed by the Planning Commission due to changes in the plat. COUNCILMEMBER TVEITE MOVED TO REMOVE THE THREE LAND USE REQUESTS FROM THE TABLE AND DIRECT THEM BACK TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes Page 24 July 15, 2002 6.17. Approve Purchase Agreement with Grace Assembly of God Church for Park Land Director of Planning Michele McPherson stated that a draft purchase agreement has been drawn up for the purchase of 11 acres of parkland from Grace Assembly of God Church. Discussion was held regarding access and parking to the park. Council directed staff to add a condition in the purchase agreement stating that both parties will execute an arrangement for egress/ingress and parking in the church parking lot. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE MAYOR TO SIGN THE PURCHASE AGREEMENT FOR ELEVEN ACRES OF LAND IN THE AMOUNT OF $215,000 WITH FUNDS TO COME FROM PARK DEDICATION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Other Business Councilmember Tveite stated that the Fairboard expresses its appreciation for the efforts of the Elk River Fire Department during the Sherbume County Fair. City Administrator Pat Klaers stated that the EDA is rescheduling their meeting from August 12 to August 19 at 5:00 p.m. He stated that the Council could reschedule their meeting on August 12 to 6:00 p.m. COUNCILMEMBER KUESTER MOVED TO RESCHEDULE THE AUGUST 12 CITY COUNCIL MEETING TO 6:00 P.M. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor IGinzing adjourned the meeting of the Elk River City Council at 10:45 p.m. Recording Secretary Tina Allard