Loading...
04-19-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATER MONDAY, APRIL 19, 2004 Members Present: Members Absent: Staff Present: Also Present: Mayor I42dnzing, Councilmembers Dietz, Kuester, and Tveite Councilmember Motto City Administrator Pat K_laers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Recreation Manager Michele Bergh, Environmental Assistant Rebecca Haug, Assistant Director of Economic Development Heidi Steinmetz, Street/Park Superintendent Phil Hals, City Attorney Peter Beck, and Recording Secretary Tina Allard Planning Commissioners Leo Offerman and Howard Ropp Park and Recreation Commissioner John Kuester Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. Consider 4/19/2004 Agenda Mayor Klinzing stated that Item 4.5. was removed from the agenda at staff request. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. Consider Consent Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILEMBER DIETZ TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. GENERAL PLANNING PERMIT FOR CUB FOODS TO ALLOW A TEMPORARY GARDEN CENTER WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. City Council Minutes April 19, 2004 3.2. 3o3, 3.4. 3.5. 3.6. 3.8. Page 2 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. GENERAL PLANNING PERMIT FOR ISD #728 TO ALLOW A TEMPORARY GREENHOUSE WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. GENERAL PLANNING PERMIT FOR FURNITURE AND THINGS TO ALLOW A TENT WITH THE FOLLOWING CONDITIONS: 1. THE TENT AND THE AREA AROUND THE TENT SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 4. THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. GENERAL PLANNING PERMIT FOR ALLIANCE CHURCH TO ALLOW A TENT REVIVAL MEETING WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT WORK WITH THE FIRE CHIEF REGARDING COMPLIANCE WITH ALL FIRE CODE AND SAFETY ISSUES. HIRE JOSEPH WOKSON AS A WASTEWATER TREATMENT PLANT OPERATOR AT PAY GRADE 9, STEP B ($15.80 PER HOUR) BEGINNING APRIL 26, 2004 CONTINGENT UPON SUCCESSFUL COMPLETION OF THE BACKGROUND CHECK AND THE DRUG AND ALCOHOL-SCREENING. ADOPT RESOLUTION 04-22 ALLOCATING THE 2003 GENERAL FUND BALANCE CALL A SPECIAL CITY COUNCIL MEETING ON MONDAY, APRIL 26, 2004, FROM 3:00 P.M. TO 6:00 P.M., AT ELK RIVER CITY HALL, FOR THE PURPOSE OF CONSIDERING A REGULAR BUSINESS CONSENT AGENDA AND BEGINNING WORK ON THE CITYWIDE GOALS SETTING/STRATEGIC PLANNING PROJECT. ADOPT RESOLUTION 04-23 APPROVING APPLICATION TO CONDUCT ANNUAL OFFSITE GAMBLING FOR ELK RIVER LIONS CLUB. MOTION CARRIED 4-0. City Council Minutes April 19, 2004 4.1. 4.2. 4.3. 4,4. 4.6. Page 3 UtiLities Update Councilmember Dietz provided an update of the April 13, 2004 Utilities Commission meeting. Finance Director Lori Johnson stated that Elk River Municipal Utilities is considering a bond pool program. She discussed the bond pool concept and listed some pros and cons of joining the program. Y'MCA Update City Administrator Pat Klaers provided an update of the Northstar YMCA Community Board meeting held on April 8, 2004. He stated that the Board is working on a public awareness campaign. NCDA Update Senior Planner Scott Harlicker provided an update of the Northstar Corridor Development Authority meeting held on April 1, 2004. Park & Recreation Update Director of Planning Michele McPherson provided an update of the Park and Recreation Commission meeting that was held on April 14, 2004. Recreation Manager Michele Bergh provided an update of Recreation Department activities. She discussed programming, marketing, facility usage, and wellness activities. Update by Howard Roston on City. HaI1/ERMU Mason Contract and St. Paul Companies Bond This item was removed from the agenda. Boys & Girls Club Update Mr. Kflaers stated that a representative from the Boys and Girls Club was scheduled to be in attendance for this item. No one appeared representing the Club. Environmental Assistant Rebecca Haug provided background information regarding landfill abatement funds and why they were given to the Club in previous years. She stated that there are rules for how landfill abatement monies can be spent and that the Club has provided no documentation on how they spent abatement funds for the past year. Councilmember Dietz stated that he had a discussion with Don Heinzman (representing the Club) and Mr. Heinzman stated that he understood why the city would not be able to give the Club monies from the landfill abatement fund for 2004. Mr. Heinzman indicated that the Club would like the city to donate funds in other ways, such as paying debt service on their building. City Council Minutes Page 4 April 19, 2004 Councilmember Dietz stated that the city has legal considerations to understand prior to making any decisions on providing funds to the Club. He stated that the Club would be holding a fundraising campaign. Mayor Klinzing suggested that the city participate in a partnership with the Club. 4.7. Street Department Update Authorization to Hire Building Maintenance Employee Street/Park Superintendent Phil Hals made a recommendation to the Council for the Building Maintenance Assistant position. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO HIRE EDWIN BUTCH PELARSKI AT PAY GRADE 8, LEVEL C, $16.45 PER HOUR WITH A STEP INCREASE TO PAY GRADE 8, LEVEL D AFTER SUCCESSFUL COMPLETION OF HIS SIX MONTH PROBATION. MOTION CARRIED 4-0. Consider Hiring Summer Employees Nix. Hals stated that he would like authorization to make the hiring decision for seasonal employees and the building cleaners due to the timing of the next regular Council meeting and when he would like the employees to begin work. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE THE STREET/PARK SUPERINTENDENT TO MAKE THE HIRING DECISION FOR FOUR BUILDING CLEANERS, FOUR PART TIME SEASONAL STREET WORKERS, AND TWO PART TIME SEASONAL PARK WORKERS. MOTION CARRIED 4-0. 5. Open Mike No one appeared for Open Mike. Consider Arrow Building Center Redevelopment and Street Vacation Concept Assistant Economic Development Director Heidi Steinmetz submitted the staff report. Ms. Steinmetz stated that the HtLA reviewed the Arrow Building Center redevelopment concept (located at the intersection of I~ng Avenue and State Street, north of Highway 10 and the railroad tracks) and the Tax Rebate Financing request for this project. She proceeded to review the redevelopment concept with the City Council. Ms. Steinmetz stated that Arrow Building Center is considering a street vacation request for portions of State Street and I~dng Avenue and would like input from the Council. Councilmember Tveite questioned why the developer is requesting so much of the street be vacated. Ms. Steinmetz stated that the developer would like to utilize the area for future expansion and storage. Mayor I~dinzing stated concerns regarding snowplowing. She stated that if all of State Street were to be vacated (including the area in front of Marries) then the city would not need to plow the road at all, rather than just a portion of the road. She indicated that Arrow could discuss this matter with Marties. Ci~ Council Minutes Page 5 April 19, 2004 Mayor Klinzing stated that she wished the city and the HRA were more proactive on what type of redevelopment it would like to see in the core downtown area before developers come forward with projects such as this. She stated the Arrow redevelopment project is an improvement but is concerned about how appropriate the use is for this area when the city has no long term concept plans in place. Councilmember Tveite concurred. 6.2. Request by Tri-View Development, LLC for Final Plat Approval (Trott Brook Crossing). Case No. P 04-07 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Tn View Development is requesting f'mal plat of Trott Brook Crossing. He discussed zoning, street and lot layout, and park dedication requirements. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-24 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK CROSSING, CASE NO. P 04-07 WITH THE FOLLOWING 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 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. 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. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. City Council ~Lmutes Page 6 April 19, 2004 9. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10.. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 12. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. 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. 14. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 15. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 4-0. 6.3. Request bv Richard Thompson for Administrative Subdivision, Public Hearing-Case No. AS 04-01 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Richard Thompson is requesting to subdivide a 59 acre parcel into one 10 acre lot and one 49 acre parcel. He discussed zoning, lot layout, and park dedication requirements. Mayor Klinzing opened the public hearing. There being no one to speak to th/s issue, Mayor K3inzing closed the public hearing. Mayor Klinzing stated that she has a concern regarding the letter from Richard Corbin at Sherburne County Public Works stating that Sherbume County reserves the right to eliminate driveway access onto County Road 1 when future development occurs. She stated that this statement is vague and she doesn't want this to cause the city problems in the future. City Engineer Terry Maurer stated that the county used this language due to the classification of County Road 1 in their Transportation Plan. The county would like to 1/mit driveway access onto county roads. City Council Nfinutes April 19, 2004 MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR RICHARD THOMPSON WITH THE FOLLOWING CONDITIONS: Page 7 1. ALL COMMENTS OF TIlE CITY ENGINEER SI-IALL BE ADDRESSED. 2. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4. ALL COMMENTS OF SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. MOTION CARRIED 4-0. 6.4. Request bv Werner Brothers Realty..(Jeffrey Werner) for Administrative Subdivision OVerner Estates), Public Hearing-Case No. AS 04-02 Senior Planner Scott Harlicker submitted the staff report. He stated that Werner Brothers Realty is requesting an administrative subdivision to subdivide 19 acres into three lots. He discussed an NSP easement, lot layout, and park dedication requirements. Mr. Harlicker noted that the drainage field for the septic system did not meet the setback requirements and would be required to be moved. Mayor Iadinzing opened the public, hearing. There being no one to speak to this issue, Mayor I~inzing closed the public hearing. Mayor I<linzing again expressed concern regarding a letter from Richard Corbin with Sherburne County Public Works regarding moving the driveway access for these parcels in the future. She stated that there are no internal city streets and therefore it would be premature to consider moving the driveway access for property owners. She is concerned with emergency vehicle access if the county believes it can take these accesses away and moved them to a further location. Councilmember Tveite stated that he interprets the letter as the county wanting to limit private access onto county roads so that if future city streets are put into a new development they would like these driveways moved onto them. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR WERNER BROTHERS REALTY WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION FEES FOR TWO LOTS SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. Citv Council Minutes April 19, 2004 Page 8 6.5. 3. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4. ALL COMMENTS OF SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. 5. ALL COMMENTS OF REBECCA HAUG, ENVIRONMENTAL TECHNICIAN BE ADDRESSED. MOTION CARRIED 4-0. Request by Jeffrey Roehl for Zone Change to Rezone Property. from Rl c (.Single Family Residential.) to R3 (`Townhouse/Multiple Family Residential), Public Hearing-Case No. ZC 04-03 Planner Chris Leeseberg submitted the staff report. He stated that Jeffrey Roehl is requesting to rezone property located at 732 Vernon Street from Rlc to R3. Mr. Leeseberg stated that this property is currently being utilized as three separate living units. He discussed the density, parking, and the surrounding neighborhood. He stated that under current zoning the property is a non-conforming use but when the property was fn:st established as a duplex the zoning at the time may have al/owed the use. Mr. Leeseberg stated that he needed time to complete further research on this issue. Mayor Klinzing opened the public hearing. Jeff Roehl, 20663 Ulysses Street-Stated that the property was a rental unit when he bought it. He stated that the property has separate mailboxes and separate entrances with no connection between the two levels. He stated that he talked to the neighbors and one would like screening and the other was concerned about loud partying. Ed Stone, 1716 7th Street-Stated that there have been some issues with past renters. He is concerned whether rezoning this parcel would set a precedent in the neighborhood. Ms. McPherson stated that only the subject parcel would be affected by the zone Change due to the unique situation and that the neighboring parcel would not likely meet the rezoning requirements. Mark Fuchs, 1719 80` Street-Stated that he didn't realize the subject parcel had two different addresses. He stated that at one time a business was run from the parcel and the yard was junky and the renters had a lot of parties. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO TABLE THIS ITEM UNTIL MAY 17, 2004. MOTION CARRIED 4-0. City Council .Minutes Page 9 April 19, 2004 6.6. Request by Guardian Angels/Evans Place for a Conditional Use Permit and Final Plat Approval for Pullman Place Cooperative Senior Housing, Public Hearing- Case No. CU 04- O5 Senior Planner Scott Harlicker submitted the staff report. He stated that Guardian Angels is requesting a conditional use permit and f'mal plat approval for Pullman Place. He gave an overview of the project and stated that staff would like to table this item and extend the 60 day review period in order to allow further review of the drainage plan and calculations. Mayor Kdinzing opened the public hearing. Dan Dixon, Guardian Angels Administration-Discussed the amenities of Pullman Place. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO TABLE THE REQUEST FOR A CONDITIONAL USE PERMIT AND FINAL PLAT FOR PULLMAN PLACE UNTIL MAY 17, 2004 AND TO EXTEND THE 60 DAY REVIEW PERIOD. MOTION CARRIED 4-0. 6.7. Request by S & A Family Investments, LLP for Preliminary. Plat Approval of Woodland H/lis, Pubhc Hearing- Case No. P 04-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that S & A Family Investments is requesting preliminary plat approval for Woodland Hills, a proposed subdivision between Nordic Woods and the Elk River Country Club. He discussed zoning, street and lot layout, and park dedication. He stated that many trees would be cleared from the site. He discussed the Planning Commission's recommendation to deny the preliminary plat. Mayor Klinzing opened the public hearing. Steve Parker, 19530 Albany Circle-Stated concern over the density of this plat and how it fits in with the surrounding developments. He stated that there should be selective cutting of trees due to the unique character of the property. He would like further information on where the houses are going to sit on each lot. Jim Nord, 19645 Hudson Circle-Stated he disagreed with Mr. Parker. Peter Neisis, 12879 195th Avenue-Stated concerns regarding safety, traffic, and speed limits. He stated that he would like to see a mrn lane installed on County Road 1 into the new development. He is concerned about the density of the development. Steve Yoch, Attorney for S & A-Gave a presentation on why the applicant should be allowed to continue with this plat and how cooperative the developer has been with the city. He stated that the developer has gotten mixed signals from each of the Commissions on what they would 1/ke to see, such as the amount of buffer to leave between homes and the railroad trail Jean Olson, 19516 Boston Street-Stated concerns regarding extra traffic and speeds on County Road 1. She questioned if the city had a tree preservation policy. City Council .Minutes April 19, 2004 Page 10 Ms. Mcpherson stated that the city has drafted and considered a policy but has yet to adopt it. John Kuester, Park and Recreation Commissioner-Stated that this issue should be tabled and he would like to see the Commissions involved in discussions with the developer to work out a solution. He stated that the city should pass a tree ordinance. He stated that the city needs to be proactive instead of reactive. Bill Campbell, 1965 Elk Lake Road-Stated that S & A has been very cooperative with the city. He stated that he currently lives on the subject property and that most of the trees are oak, dying from oak wilt, and he has treated for oak wilt three times over the years. Leo Offerman, Planning Commission Representative-Stated that the subject property is not conducive to selective cutting of trees due to the elevations but that it is too unique of a property to bulldoze. He stated that the city and the developer are close to an agreement on this plat and need to work together to resolve the issues. Denise Nathy, 19533 Albany Street-Stated that she would like to be included in any future meetings between the city and the developer. She stated that her lot would be adjacent to tkis new plat. She stated that she has a pond on her lot and is concerned about storm drainage runoff to her pond causing flooding. She is concerned that with the way the lots are laid out in the plat the new neighbors will assume that part of the pond is on their property. She is concerned about density, safety, traffic, natural resources, and oak wilt. She stated that there is a stark contrast between her development and the newly proposed plat and she would like to see a more gradual phase to the e,,dsting neighborhood. She would also like a buffer of trees installed between the two developments. She stated that the city should consider a tree preservation ordinance. She stated that it is not suitable to have affordable housing abutting the golf course. She is also concerned about limited access in and out of the development. Mr. Maurer stated that drainage for a new plat cannot leave the site at a rate or amount greater then the rate of the site in its undeveloped state and the developer will have to meet the requirements for storm water drainage. Jeff Oxendorph 12932 195th Street-Stated concerns regarding tree removal, traffic, speed, and wildlife. He would 1/ke the plat denied and for the developer to come back with a new plat. Jim Nord-Stated that Nordic Woods has larger lots because that plat did not have to include sidewalks, trails, or park area. Mayor IZ4inzing closed the public hearing. Councilmember Kuester stated that the city offers grants for treating oak wilt to residents. She stated that the city is currendy working on a natural resources inventory. Councilmember Tveite stated that the characteristics of this plat are similar to what Nordic Woods looked Like before it was developed. He stated that he would like to see fewer lots in the plat (97-104). He would like the lots to be similar in size where transitions occur. He stated that the developer is meeting the ordinance requirements and he appreciates all the work the developer has put into the project with the city. City. Council Minutes April 19, 2004 Page 11 Mayor I~dinzing stated that a speed study of County Road 1 should be completed. She stated that one reason that a tree ordinance was not approved was due to a conflict with property owner rights and that it would be hard to apply it consistendy. She would like to see a more reasonable number of lots in the plat. She stated that she is surprised that the developer is still wot 'king together with the city on this plat. She stated that the development fits the ordinance requirements. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER KUESTER TO TABLE THE PRELIMINARY PLAT FOR WOODLAND HILLS UNTIL MAY 17, 2004. MOTION CARRIED 4-0. 6.8. 6.9. 6.10. 6.11. Request by Menard, Inc. for a Land Use Map Amendment to Change the Land Use of Certain Property. from N[R (Medium Densi .ty Residential) to HB (.Highway Business), Public Heanng- Case No. LU 04-01 Request by Menard, Inc. for a Zone Change to Rezone Certain Property. from Rlc (.Single Family Residential) to PUD .(Planned Unit Development.). Public Hearing-Case No. ZC 04-02 Request by Menard, Inc. for Conditional Use Permit for Expansion of the Menard's Facility., Public Hearing- Case No. CU 04-04 Request by Menard, Inc. for Preliminary. and Final Plat Approval of Menards Addition, Public Hearing- Case No. P 04-03 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Menards is requesting a land use amendment, rezonmg, conditional use permit, and preliminary and final plat in order to allow an expansion of their lumber yard, including a storage building and a garden center. He discussed land use, zoning, the proposed new layout for the garden center and the storage building, access, landscaping, and Planning Commission action. Mayor Klinzing opened the public hearing for the land use, the zone change, the conditional use permit, and the preliminary plat. Arthur Jackett, 19435 Dodge Street-Stated that he is opposed to the development. He asked about the access into the lumber yard. He is concerned about the loss of wildlife, drainage and traffic on Dodge Street. He is also concerned about screening between the building and the neighborhood. Mr. Jackett expressed concern with the speed of traffic on Dodge Avenue and felt that some stop signs should be installed. Paul Molitor, Hudson, Wisconsin (Representing Menards)-Stated that he was available to answer any questions. He stated that new trees would be installed between Menards and the neighborhood. Mayor K3inzing closed the public hearing for all items. CounciLmember Kuester questioned how the trees between the neighborhood and Menards would be saved. Mx. Molitor stated that a retaining wall would be installed to separate the area before any construction on the building began. Councilmember Tveite stated that more trees are being saved with this project than would have been saved if the original plan to install homes had been completed. City Council M~inutes April 19, 2004 Page 12 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-25 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM RESIDENTIAL) TO HB (HIGHWAY BUSINESS) CASE NO. LU 04- 01. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT ORDINANCE 04-07 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 04-02. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE CONDITIONAL USE PERMIT FOR MENARDS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT BE AMENDED TO REFLECT THE AMENDED PUD. 3. A 50 FOOT WIDE LANDSCAPED BUFFER BE PRESERVED ALONG DODGE STREET. 4. NO OUTSIDE LOUDSPEAKERS ARE ALLOWED. o NO STORAGE OR DISPLAY OF MATERIAL OR GOODS ASSOCIATED WITH THE GARDEN CENTER SHALL OCCUR OUTSIDE OF THE GARDEN CENTER. 6. A 20 FOOT WIDE DRIVE AISLE SHALL BE MAINTAINED AROUND THE BUILDING. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 8. STORAGE OF MATERIALS OR PLACEMENT OF RACK SYSTEMS SHALL NOT IMPEDE EMERGENCY ACCESS. City Council .Minutes April 19, 2004 Page 13 ALL BUILDING EXTERIOR SURFACES INCLUDING THE FENCE MEET THE BUSINESS PARK STANDARDS FOR EXTERIOR SURFACES 10. THAT THE LANDSCAPING PLAN BE REVISED TO PROVIDE A MORE NATURAL ARRANGEMENT OF PLANTINGS NEAR THE RETAINING WALL, AND THAT THE ADDITIONAL PLANTINGS SHALL BE PROVIDED IN THE SOUTHERLY NON-TREED PORTION OF THE BUFFER STRIP ALONG THE FENCE. 6.12. 6.12.A. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO GRANT PRELIMINARY PLAT AND TO ADOPT RESOLUTION 04-26 GRANTING FINAL PLAT APPROVAL FOR MENARD'S ADDITION, CASE NO. P 04-03 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 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. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. SURFACE WATER MANAGEMENT FEE FOR OUTLOT A, IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 4-0. Mayor Iadinzing stepped away from the meeting for a few minutes. Request by City. of Elk River for a Land Use Map Amendment for Certain Property, to Change the Land Use from CC (Community, Commercial) to LI ,(Light Industrial), Public Hearing- Case No. LU 04-02 Approve Resolution Regarding Excess Property, Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the city would tike to change the land use of certain property from CC (Community Commercial) to L1 (Light Industrial). She stated that there is a proposal before the city to put a multi-tenant industrial building on the site. To move forward the city must change the underlying land use to be consistent with the Business Park permitted uses. City Council tvLLnutes Page 14 April 19, 2004 Ms. McPherson stated that Minnesota Statutes requires Planning Commission review for disposal of excess property. She stated that the Council could adopt a resolution dispensing with Planning Comrmssion review based on the findings that the subject property is consistent with the Comprehensive Plan and will be used for economic development purposes. Mayor I~dinzmg opened the public hearing. There being no one to speak to this issue, Mayor IGinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-27 AMENDING THE LAND USE FROM CC (COMMUNITY COMMERCIAL) TO L1 (LIGHT INDUSTRIAL), CASE NO. LU 04-02 BASED ON THE FOLLOWING FINDINGS: 1. THE LAND USE IS CONSISTENT WITH THE SURROUNDING LAND USES. 2. THE USE WOULD NOT HAVE ADVERSE IMPACTS ON THE SURROUNDING LAND USES. 3. THE PROPOSED CHANGES ARE IN GENERAL CONFORMANCE TO THE ADOPTED COMPREHENSIVE PLAN. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-28 DISPOSING THE REQUIREMENTS OF MINNESOTA STATUTES SECTION 462.356 SUBD 2. MOTION CARRIED 4-0. 6.13. Consider Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of Wastewater Treatment Plant Digester Cover Replacement Improvement of 2004 City Engineer Terry Maurer submitted the staff report. Mr. Maurer stated that four bids have been received for the replacement of the digester cover at the wastewater treatment plant and the low bid was Municipal Builders, Inc. He stated that bids came in lower than estimated due to the apparent lack of work available for these contractors. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-29 ACCEPTING THE BID FROM MUNICIPAL BUILDERS , INC. IN THE AMOUNT OF $609,750 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE WASTEWATER TREATMENT PLANT DIGESTER COVER REPLACEMENT IMPROVEMENT OF 2004. MOTION CARRIED 4-0. 6.14. Consider Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of Lions Park Parking Lot and Trail Improvements of 2004 City Engineer Terry Maurer submitted the staff report. Mr. Maurer stated six bids (along with alternates) have been received for the Lions Park parking lot and trail improvements and the low bid was Universal Enterprises of Mid-MN. He stated that bids on this project City Council Minutes Page 15 April 19, 2004 also came in lower than estimated due to the apparent lack of work for these contractors. He stated that the Street/Park Superintendent didn't feel the alternate bids for the fabric underlay would provide enough benefit to justify the cost. Mr. Maurer suggested that due to the low bids, the city could use the excess funds for expansion of the Lions Park parking lot and for resurfacing the baseball court in Pddgewood East Park. It was the consensus of the Council to complete this additional work. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-30 ACCEPTING BID FROM UNIVERSAL ENTERPRISES OF MID-MN IN THE AMOUNT OF $69,949 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE LIONS PARK PARKING LOT AND TRAIL IMPROVEMENT OF 2004. MOTION CARRIED 4-0. 6.15. Bituminous Overlay Improvement of 2004 City Engineer Terry Maurer submitted the staff report. Mr. Maurer stated that the feasibility study is complete for the bituminous overlay project that includes the following six subdivisions: · M-Vale Addidon · Brentwood Addition · Heavenly Hills · Fairhaven Hills Addition · Greenhead Acres 1st Addition · Belgin Acres Addition Mr. Maurer stated that the approximate cost to residents in these subdivisions would be $2,175 per residential unit. Staff needs to send out public hearing and assessment notifications to the residents. Mr. Maurer stated that Solid Rock Church would be charged for 8 units and Morcon Development would be charged 10 units. He stated that the units for Morcon could change depending on their current development project. Councilmember Dietz stated a concern regarding whether this assessed amount will create a benefit that will increase the residential property values. City Attorney Peter Beck stated that the city could wait to move forward with this project until after any objections have been filed with the District Court. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-31 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING OF THE IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2004. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-32 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF BITUMINOUS OVERLAY IMPROVEMENT OF 2004. MOTION CARRIED 4-0. City Council Minutes Page 16 April 19, 2004 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-33 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE BITUMINOUS OVERLAY IMPROVEMENT OF 2004. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-34 ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2004. MOTION CARRIED 4-0. Councilmember Tveite disclosed that he lives in one of the subdivisions that will be assessed. 7. Other Business Mayor K[inzing directed staff to contact Sherburne County and ask them to request from the State of Minnesota a speed study for County Road 1 from Proctor Avenue to 217m Avenue. Mayor ICdinzing stated that when the PUD for Home Depot was approved one of the conditions was that they limit the use of their signature orange color on and around the buildmg. She stated that the orange color has been appearing in items such as their mulch and rocks. Staff was directed to look into this matter. Mayor Klinzing questioned whether the city could do anything about the road surface of County Road 33 from H/ghway 169 to Proctor Avenue. Mr. Klaers stated that when the city and a county hold their joint meeting, then this item could be brought forth for discussion. Councilmember Dietz also suggested that Mr. Maurer bring it up at the next transportation meeting. Councilmember Dietz stated that he, along with city staff and Utilities, have met with residents from the Boston/Concord project and discussed options for helping them with their assessment costs. The Commission has generally agreed to participate in any solution the Council approves. Staff Updates Mr. I~daers clarified whether the Council authorized $35,000 of the 2003 General Fund Balance allocation be used for Building Department computer purchases under Item 3.6. of the agenda. Mr. I~aers discussed the building maintenance assistant position. Mr. Klaers discussed the applications received for the park and recreation director. City Council Minutes April 19, 2004 9. Adjournment Page 17 There being no further business, Mayor Klmzing adjourned the meeting of the Elk River City Council at 10:35 p.m. Minutes prepared by Trna Allard Joan Schmidt City Clerk