Loading...
02-09-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATRE MONDAY, FEBRUARY 9, 2004 Members Present: Members Absent: Staff Present: Mayor KAinzing, Councilmembers Dietz, Kuester, Tveite, and Motin None Finance Director Lori Johnson, City Attorney Peter Beck, Director of Planning Michele McPherson, City Engineer Terry Maurer, Director of Economic Development Catherine Mehelich, Building and Environmental Administrator Steve Rohlf, and City Clerk Joan Schmidt Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:08 p.m. by Mayor Iadinzing. Consider 2/9/2004 Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA WITH THE ADDITION UNDER OTHER BUSINESS OF AUTHORIZING FILLING THE BUILDING MAINTAINANCE POSITION; MOVING ITEMS 6.3-6.6 TO AFTER ITEM 4.10; AND TO ADD DISCUSSION OF FEBRUARY 17, 2004 MEETING. MOTION CARRIED $-0. Consider Consent Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS: 3.1 COUNCIL MINUTES · 1/20/04 SPECIAL · 1/20/04 REGULAR · 1/26/04 REGULAR 3.2 CHECK REGISTER 3.3 ACCEPTANCE OF RESIGNATION OF PLANNING COMMISSIONER DOUG FRANZ 3.4 ACCEPTANCE OF RESIGNATION OF LIBRARY BOARD MEMBER WENDY BORRETT 3.$ AUTHORIZATION FOR CITY CLERK TO ATTEND NATIONAL CONFERENCE 3.6 AUTHORIZATION TO HIRE RYAN WINTER AS A WASTEWATER OPERATOR WITH THE RECOMMENDATIONS AS OUTLINED FROM STAFF 3.7 TWO MINOR PLAT CORRECTIONS FOR ELK RIVER STATION. MOTION CARRIED 5-0. City Council ~finutes February 9, 2004 ............................. Page 2 4.0 Open M/ke 4.1 4.2 There was no one present for open mike. Consider Concept Approval of Orluck Industries, Inc. Expansion Sidng Proposal Director of Economic Development Catherine Mehehch reviewed with the Council the Preliminary Siting Proposal that was submitted by staff to Orluck Industries, Inc. regarding the company's proposed relocation project. Staff has proposed that the City sell its city- owned Joplin Street lot to Orluck Industries for the construction of a light industrial/business park building. Orluck Industries is requesting the City and County to provide Tax Rebate Financing in order to write-down the land cost to $0. Mr. Orluck proposes to construct an approximately 23,000 square foot building, in which his company would occupy 13,000 square feet with the balance leased to business park district eligible users. In addition to writing down the cost of the land, a land use amendment must also be processed by the City. '~Vhile the zoning is Business Park, the underlying land use is Community Commercial. The land use must be changed to Light Industrial for the project to move forward. Ms. Mehelich reported that the EDA unanimously recommended approval of this project and directed staff to complete the due diligence process for the necessary land use amendments, financial analysis, and tax rebate £mancing process. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PRELIMINARY PROPOSAL CONCEPT FOR THE ORLUCK INDUSTRIES, INC. PROJECT WITH THE COMPLETION OF THE DUE DILIGENCE PROCESS FOR THE FINANCIAL ANALYSIS AND TAX REBATE FINANCING PROCESS. STAFF SHOULD ALSO INITATE THE LAND USE AMENDMENT PROCESS TO CHANGE THE LAND USE FROM "COMMUNITY COMMERICAL" TO "LIGHT INDUSTRIAL". MOTION CARRIED 5-0. Councilmember Motin requested that Ms. Mehelich, during the due diligence process, negotiate w/th Mr. Orluck to extend the building up to the 35,000 square foot building proposal as drawn in the preliminary site plan. Consideration of Planning Commission Appointments The Council interviewed applicants, for appointment to the Planning Commission, Arthur Jackett and Ronald Touchette. Melanie Curtis was not in attendance. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO REAPPOINT LEO OFFERMAN AND HOWARD ROPP TO THE PLANNING COMMISSION FOR THREE-YEAR TERMS EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. The Council voted by paper ballot to appoint for the remaining seat. City Council Minutes February 9, 2004 Page 3 MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPOINT MELANIE CURTIS TO THE PLANNING COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. 4.3 Consideration of Park and Recreation Commission Appointments The Council interviewed the three applicants: Michael Niziolek, Kevin Scott, and Ronald Touchette. The Council voted by paper ballot choosing the three candidates. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO REAPPOINT JOHN KUESTER TO THE PARK AND RECREATION COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO REAPPOINT DUANE PETERSON TO THE PARK AND RECREATION COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPOINT MICHAEL NIZIOLEK TO THE PARK AND RECREATION COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. 4.4 Consideration of Heritage Preservation Commission Appointments MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO REAPPOINT KURT KRAGNESS TO THE HERITAGE PRESERVATION COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007. MOTION CARRIED 5-0. 4.5 Consideration of Ice Arena Commission Appointments MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO REAPPOINT DAVE HALGREN AS THE SCHOOL DISTRICT REPRESENTATIVE TO THE ICE ARENA COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBRUARY 28, 2007 AND TO REAPPOINT DAN TVEITE AS THE CITY COUNCIL REPRESENTATIVE TO THE ICE ARENA COMMISSION FOR A THREE-YEAR TERM EXPRING FEBRUARY 28, 2007. MOTION CARRIED 4-0. COUNCILMEMBER TVEITE ABSTAINED. 4.6 Consideration of City. Council Representative to Utilities Commission MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO REAPPOINT JOHN DIETZ AS THE CITY COUNCIL REPRESENTATIVE TO THE UTILITIES COMMISSION FOR A THREE-YEAR TERM EXPIRING FEBURARY 28, 2007. MOTION CARRIED 4-0. COUNCILMEMBER DIETZ ABSTAINED. City Council Minutes Page 4 February 9, 2004 ............................. 4.7 Consider Voluntary. Insurance Quote from League of Minnesota Cities Insurance Trust Finance Director Lori Johnson explained that the City had received a quote for accident coverage for city volunteers through the League of Minnesota Cities Insurance Trust. The City currently purchases a separate worker's compensation insurance policy for board and commission members. Volunteers who respond to emergency situations are automatically covered under the City's workers' compensation insurance. However, this policy would insure volunteers who are not covered by workers' compensation insurance, such as volunteers for park and recreation, clean-up day, or other city activities and programs. The premium for basic coverage for one year is $1,500 with an optional $675 per year for medical benefit coverage. Councilmember Motin asked how many incidents have ~ve had in the last five years. Ms. Johnson replied that there have not been any incidents with volunteers. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE $1,500 PREMIUM FOR BASIC COVERAGE. MOTION CARRIED 5-0. 4.8 Consider Hiring Building Inspector Building and Environmental Administrator Stephen Rohlf explained that City staff had interviewed three of the 39 applicants for the vacant position of building inspector. Those involved in the interviews were unanimous in their recommendation to hire Dave Hetrick to fill this position with the recommendations as outlined in the memo from staff. Councilmember Dietz asked Ms. Johnson her viewpoint on the additional $3000 as an annual increase. She gave the background of how this came about and expressed some concerns about comparable worth and pay equity law. She indicated that the Council has several options including leaving the additional pay for building inspectors in place or begin phasing it out by paying new inspectors according to the pay plan Councilmember Motin inquired as to the impact of the comparable worth issues and staying in compliance. Ms. Johnson explained that according to the pay equity la~vs, compliance reports have to be submitted to the State every five years now instead of every three years. She further stated that an increase in pay for this classification could put the City out of compliance, but she was not sure because the current pay data had not been analyzed and because the actual compliance would be based on the data as it existed on the next reporting date which is December 31 of 2004 or 2005. If the City is out of compliance, penalties may be assessed. She stated that the Personnel Committee has been directed to do a salary survey and will be looking at btfilding inspector pay including the market adjustment. Building and Environmental Administrator Steve Rohlf explained that the salary studies show that the City of Elk River is above for Group 6. However, it is hard to do comparisons. Some in this group are code enforcement officers which are not the same as building officials. Each step and each position for building inspectors was given an additional $3000 to retain the inspectors when other inspectors were being hired at St. Michael. He stated that East Bethel is actually earning more because their employees are given 3% in deferred comp; so when asking for a salary survey, it is not a true evaluation. He suggested that perhaps it's necessary to re-look at the study and rather than lower the City Council Minutes Page S February 9, 2004 inspectors, to raise the rest of the employees up. He explained how he had given up a $59,000 position in order to retain his five building inspectors and with each of them receiving a $3000/year increase. Since then, their workload has more than doubled and he is only trying to retain his fifth inspector. Mayor Kflinzing felt that this was necessary information for Council to hear and she agreed that it is necessary to retain these positions and to have their positions graded correctly. Councilmember Tveite asked what kind of penalty would be involved. Ms. Johnson replied that it could be based on duration of time the City is out of compliance and it could be taken from city aid or the penalty could be direct. Councilmember Tveite stated that it is necessary to keep people and that we need to keep in touch with the surveys. He felt that it would be good to review the building inspector position. Ms. Johnson explained that the system values the positions by the complexity of the task, the importance of the task, and the unfavorable work conditions. Councilmember Motin stated that we should review the position again. We need to run the numbers if we are out of compliance. If the employees are underpaid 94% - 99%, then all employees need to be brought up rather than down. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE HIRING OF DAVE HETRICK AS THE BUILDING INSPECTOR WITH TERMS AS LISTED IN THE STAFF REPORT AND WITH A $3090 ANNUAL INCREASE. MOTION CARRIED 5-0. 4.9 Consider Scheduling Board of Appeal and Equalization Meeting MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO SCHEDULE THE BOARD OF APPEAL AND EQUALIZATION MEETING TO BE HELD AT SHERBURNE COUNTY FOR APRIL 26, 2004 AT 6:30 P.M. MOTION CARRIED 5-0. 4.10 YMCA Update Mayor IYdinzing provided an update on the February 5, 2004, Northstar YMCA Community Board meeting. 6.3. Request by Morcon Real Estate and Development, LLC to Amend the Land Use for Certain Property from MR (Medium Density Residential) to HB (,Highway Business), Case No. LU 03-5 6.4 Request by Morcon Real Estate and Development, LLC for Rezoning of Certain Property, from RiC (Single Family Residential) to PUD ,(Planned Unit Development,), Case No. ZC 03-07 6.5 Request by Morcon Real Estate and Development, LLC for Preliminary Plat Approval ,(Elk River Center), Public Hearing - Case No. P 03-16 6.6 Request by Morcon Real Estate and Development. LLC for a Conditional Use Permit for a Commercial PUD, Public Hearing - Case No. CU 03-36 City Council Minutes February 9, 2004 ............................. Page 6 Director of Planning Michele McPherson introduced David Pertl, developer for the proposed Elk Ridge Center project. Mr. Pert reviewed the project location and overall proposed development. Mr. Pertl introduced Daniel Green, Architect for the project who provided an overview of the proposed site layout, landscaping design, and architectural character. He noted that Morcon would be providing long-term ownership and management of the project. Mr. Green introduced Marie Cote, Traffic Engineer. Ms. Cote reviewed the existing conditions (levels of service) at key intersections. She discussed traffic forecasts with a 3.5% growth rate, noting that 572 trips per day are proposed to be generated by the proposed development. Ms. Cote explained that the year 2006 build conditions include additional site access locations, the extension of Holt Street north along the east side of the proposed development, and the realignment of 197th Avenue/Irving Street, with the Holt Street extension as the south approach. She noted that the analysis of the proposed level of service indicates that all intersections are within the acceptable range including peak hours. Ms. Cote stated that MnDOT's Corridor Management Plan includes the upgrade of Highway 169 through Elk River to a freeway facility. Recommendations also include a future interchange at 169/Jackson Street/197th Avenue intersections. She noted that future studies will be conducted and that MnDOT maintains that it is too early for official comment on the project. Ms. Cote concluded that based on the study, all key intersections will continue to operate at acceptable levels of service and that the proposed development does not adversely affect the surrounding roadway network. She noted that an interchange at 169/197th Avenue does have some minor impacts to the development, but that MnDOT felt the developer made a reasonable attempt to provide a workable solution. Ms. McPherson presented the staff report at this time. She stated that Morcon is requesting a land use amendment to Highway Business, a rezoning to Planned Unit Development (PUD), a conditional use permit for a PUD, and preliminary plat approval for seven lots for Elk Ridge Center. The property is 18 acres in area and is located in the southwest corner of the intersection of 197th Avenue and Highway 169. Issues associated with the conditional use permit request were reviewed by Ms. McPherson including: components of the PUD, layout of the buildings, streets and parking, landscaping and signage. She noted that a lighting plan needs to be provided and a revised tree preservation plan to reflect the trees that actually will be saved should be submitted. The applicant will be required to obtain the necessary wetland permits for the two small wetlands prior to commencing grading. The drainage plan consists of two ponds, which will hold back-to-back 100-year rainfall events, and one pond which outlets under Highway 169. Ms. McPherson noted that the applicant needs to revise the drainage calculations as addressed in the City Engineer's memo. Also, a maintenance plan must be submitted regarding infiltration rates for the ponds and how the rate will be maintained in the future. Ms. McPherson explained that staff met with MnDOT on January 12, 2004 and that MnDOT is interested in moving the Highway 169 Study to the next level. An Environmental Impact Study (EIS) will need to be completed and a decision made as to which properties will need to be acquired. She noted that the study may include all of City Council Minutes Page 7 February 9, 2004 Highway 169 from the Mississippi River (Highway 101) up to Princeton. Currently, MnDOT is drafting a Scope of Services and proposes to hire a consultant in late fall of 2004. She noted that the EIS will likely take up to two years to complete, and only then could MnDOT or the City begin the process of acquiring property. She noted that the City has no money budgeted for property acquisition. Ms. McPherson stated that these steps need to occur so that if and when money should become available for MnDOT to do a project, they and the City will be prepared. Ms. McPherson explained that preliminary plat consists of seven lots ranging in size from 1.02 acres to 3.73 acres. Holt Street will function as a service road along Highway 169 and will connect with the existing Holt Street at 194th Avenue and be extended to intersect with 197th Avenue. She noted that the Park and Recreation Commission recommended cash for the park dedication requirement. Staff recommends approval of the requests by Morcon based on the findings and conditions listed in the staff report. Mayor IClinzing opened the public hearing. The following addressed the Council. Mary Larsen, 11625 197th Avenue N.W., stated that she had purchased her home in November and had asked if there was anything pending to be built in this area and was told no. She stated she would not have moved there had she known. She stated that she was not aware of this meeting until 1 p.m. today. She expressed concern about the removal of the stop sign at the end of her block and the safety of her stepchildren. She stated that she wants the neighborhood to remain the way it is currently. John Polden, 11751 196th Avenue N.W., stated that the Planning Commission had voted down this proposal. Mr. Polden stated that this proposal has been going on for ten years and he knew it would be developed at some point. He asked if the Council members had been at the site and are aware of the traffic issues (the entire COuncil stated that they had). He expressed his concern that the traffic and customers will be from the local area versus people going north to their cabins and stopping, and that the local traffic will have to turn left and go onto Holt Street. He stated that 200+ people live in this development and there are only two exits - Holt Street and 197thAvenue -- to get out for work. He feels traffic issues should be studied and wants in writing to see the long-range projection for this area. He feels that there has not been any initiative to call a neighborhood meeting and he asked the Council to take a long look at the traffic issue. Mr. Polden submitted two letters of opposition to be entered into the record. These were from Scott Fraser, 11678 200th Avenue N.W. and Ted Travica, 19702 Irving Street N.W. Fred Johnson, 11869 194th Avenue N.W., expressed concerns with the Holt Street and 194th Avenue intersection and running traffic through the residential areas. He was concerned if the residents ~vould be assessed for city ~vater and sewer. He expressed concern with access to the development on the west side of Holt where four residential homes exist. Brad Averill, 11966 193rd Lane, expressed concerns of traffic off of Highway 169 and Holt Street and felt that it would be congested off of Highway 169. City Council Minutes Page 8 February 9, 2004 Traffic Engineer Marie Cote stated that based on analysis, 40% of the traffic would be off of Highway 169. This is considered pass-by traffic. A connection at Holt and Jackson is necessary, not to impact too strongly 197th Avenue. Mr. Averill felt that traffic would funnel off of Jackson, not off of Highway 169. Ms. Cote stated that in the southbound direction there would be 10% of the traffic because of the split. Mr. Averill feels that the whole intersection at Holt Street is a problem and should be addressed before this development goes forward. Antonio Luciano, 19757 Irving, expressed concerns with traffic and that he had been at the Mn/DOT meeting a year ago and Mn/DOT talked of increasing traffic to 60 mph. He stated that this might affect this development in the future. The residents know that it is a walk area and that extra customers will cause an issue. He expressed the concern of no sidewalks and that everything has to be on the street. There had been a shopping center at one time that didn't take off and he suggested to the developer that he should be careful. Lou Pergh, 197th and 198th intersection, asked to see slides showing detailed shopping center asking for clarification regarding future lane for Hwy 169. He stated that the Council should go forward with this and expressed concerns that Holt Street does not turn into a southbound lane. Don McNally, 11915 196th Circle, expressed concern about crime in the neighborhood area with additional parking on the street. He also expressed concern about Holt Street running south. David Plude, Jr., 11537 197th Avenue, stated that he wished to express to the audience that they need to have trust in this Council. He stated that progress is going to come especially in such a wanted area. He stated that he was in their place eight years ago when his area was being developed. He stated that he learned to trust at that time, even though he disagreed, but he watched it happen and is happy with the outcome. He stated that this development would enhance what should be done in the future and if we stay stagnant, we will continue to be overlooked for growth. Joe Schab, 11946 193ra Lane N.W., stated that he would like to see a traffic study done along Proctor, down Highland and up Lowell. Lisa Ratke, 19431 Lowell Street, asked if there could be an access to Highway 169 between 19Ya and 197th Avenues. The traffic engineer assured her that this would not be approved by the State. Gary Werbowki, 11625 197th Avenue N.W., asked the developer if this would be in earthtones, and stated that he likes the tones that are there now. Mayor Kdinzing closed the public hearing. Councihnember Kuester stated that she shares the concerns regarding Holt Street and Jackson Avenue and asked the City Engineer his thoughts. City Engineer Maurer stated that Level D is an acceptable standard and that this development will indeed add traffic, however, the intersection will work. People may choose to take other routes and there will not be a need to look at this intersection further unless it should become a safety issue. City Council Minutes Page 9 February 9, 2004 ............................. Councilmember Tveite asked if the number of trips projected is a reasonable number. Mr. Maurer stated yes. When a traffic study is done they are not looking at the worst times, but at a typical day during week hours. Mayor Kginzing stated that she likes and feels this is a beautiful commercial area for Elk River, a city's dream. She stated that there would be barriers between the neighborhood and the development project; that the landscaping proposed is tremendous; that many amenities and facades have been projected; and that this developer is going beyond what is necessary and that it should turn into a great project. She expressed concerns about the traffic and doesn't know the answer but feels some traffic will be pulled away. She stated that she doesn't feel people will be going through the neighborhoods. She stated that she is in favor of this project. Councilmember Tveite stated that this area would be getting developed eventually as a commercial use. With a PUD, the Council has more ability to control and with this project the City is getting a lot of amenities and density. The developer is planning to preserve trees on the south side and have as much landscaping as possible. Councilmember Kuester stated that when this first came to the Council she was appalled, but changes have come forward. She feels that this is the best design for a commercial district. She stated that because of the PUD she can support this project, but she could not if it was to be zoned Highway Commercial. She feels that this is the best balance that the City could be getting. Councilmember Motin stated that this developer has not addressed his concerns regarding transportation, but the developer has done as good a job as possible with MnDOT talking about overpasses and with no one knowing what MnDOT will be doing in the future. He stated that his concerns are less now and that we will have bigger problems in the future if MnDOT should come with overpasses and a whole different traffic pattern. He stated that this is a ~vell-planned proposal and that we need to work more with MnDOT and the issues that will come in the future. Councilmember Dietz stated that there were also concerns when the Elk Park Center Park ~vas built. He stated that people will find the easiest route to the shopping center and that this neighborhood is a maze and he didn't feel that people would be driving through the neighborhood. He stated that the development is laid out well and that residents should not be concerned about semi-trailers since they will be coming off Highway 169 and be kept out of the neighborhood. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-10, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE ORDINANCE NO. 04-04, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED FROM RIC (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT). MOTION CARRIED 5-0. City Council ~finutes Page 10 February 9, 2004 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PRELIMINARY PLAT FOR ELK RIDGE CENTER WITH THE FOLLOWING SIXTEEN CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE-YEAR PERIOD. o 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. 0 SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 0 THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 10. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILITIES. 13. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. City Council Minutes Page February 9, 2004 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 CLEARING OR GRADING COMMENCING. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE CONDITIONAL USE PERMIT FOR ELK RIDGE CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING SEVEN CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ADDITIONAL SCREENING BE INCORPORATED INTO THE LANDSCAPE PLAN ALONG IRVING STREET, AROUND THE DRAINAGE POND IN THE SOUTHEAST CORNER OF THE PROJECT AND BETWEEN THE OUTDOOR STORAGE AREA AND HOLT STREET. o A LIGHTING PLAN BE PROVIDED SHOWING LOCATION OF LIGHT STANDARDS AND ILLUMINATION LEVELS. IF POSSIBLE, ADDITIONAL LOWER LIGHT POLES SHOULD BE USED INSTEAD OF FEWER TALLER POLES. 4. DESIGN STANDARDS SHALL BE APPROVED BY THE CITY COUNCIL AND INCORPORATED INTO THE PUD AGREEMENT. 5. SIGN DETAILS BE PROVIDED AND INCORPORATED INTO THE PUD AGREEMENT. 6. A TRAIL CONNECTION BE INSTALLED ALONG THE SOUTH SIDE OF THE SOUTH ENTRANCE INTO THE PROJECT. 7. PERMITTED AND CONDITIONAL USES SHALL BE IDENTIFIED AND INCORPORATED INTO THE PUD AGREEMENT. MOTION CARRIED 5-0. 6.1 Request by NRG Energy., Inc. for Conditional Use Permit Renewal for Refuse Derived Resource Recovery Facility. (RDF Plant), Public Hearing - Case No. CU 03-37 6.2 Request by Great River Energy. for Conditional Use Permit Renewal for Solid Waste Facility, Public Hearing- Case No. CU 03.38 Building & Environmental Administrator Stephen Rohlf presented the staff report for these items noting that the permit life has been extended from two years to four years. He explained that the Planning Commission held a Public Hearing and has reviewed the CUP's. City Council ~vfinutes Page 12 February 9, 2004 ............................. Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor Fdinzing closed the public hearing. MOTION BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE SOLID WASTE LICENSE RENEWALS FOR NRG SOLID WASTE FACILITY AND GREAT RIVER ENERGY WITH MODIFICATIONS AS RECOMMENDED BY STAFF IN THE REPORT DATED FEBRUARY 9, 2004. MOTION CARRIED 5-0. MOTION BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE CONDITIONAL USE PERMITS FOR NRG ENERGY, INC., CASE NO. CU 03-37, AND GREAT RIVER ENERGY, CASE NO. CU 03-38, SUBJECT TO THE TERMS AND CONDITIONS AS RECOMMENDED BY STAFF IN THE REPORT DATED FEBRUARY 9, 2004. MOTION CARRIED 5-0. 7.1 Authorization to Fill the Building Maintenance Position Finance Director Lori Johnson distributed the job descriptions for the Building Maintenance Assistant and Building Maintenance Supervisor positions explaining that the Personnel Committee had reviewed these descriptions and recommended moving forward. She was asking tonight for Council's authorization to advertise to fill the Building Maintenance Assistant position. This position would be in Pay Grade 8 range of $13.60 - 19.33 per hour. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO AUTHORIZE STAFF TO ADVERTISE TO FILL THE BUILDING MAINTENANCE ASSISTANT POSITION. MOTION CARRIED 5-0. 7.2 February, 17, 2004 Meeting Councilmember Kuester distributed information to the Council regarding visions/goal setting and strategy planning that she had received from the League of MN Cities. She asked the Council to review this information for further discussion at the Tuesday, February 17, Special Council Meeting. 8. Staff Updates None 9. Adjournment There being no further business, Mayor I~dinzing adjourned the meeting of the Elk River City Council at 10:31 p.m. Joan Schmidt City Clerk