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05-17-2004 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 17, 2004 Members Present: Members Absent: Staff Present: Also Present: Mayor I~inzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat I~aers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter Beck, and Recording Secretary Tina Allard Planning Commissioner Peter Lemke Parks and Recreation Commissioner Dave Anderson 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 I~inzing. Consider 5/17/2004 Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AGENDA. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILEMBER KUESTER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 5/10/04 COUNCIL MINUTES-POSTPONED UNTIL 5/24/04 CHECK REGISTER APPLICATION FOR DISPLAY OF FIREWORKS/PYROTECHNICS SPECIAL EFFECTS TO MELROSE PYROTECHNICS, INC FOR SATURDAY, JULY 4, 2004 ADOPT RESOLUTION 04-36 DESIGNATING POLLING PLACES FOR THE CITY OF ELK RIVER APPOINTMENT OF COUNCILMEMBER KUESTER AS THE CITY REPRESENTATIVE ON THE NCDA SPECIAL MEETING FOR MONDAY, MAY 24, 2004, 5:30 P.M. TO DISCUSS CITY STRATEGIC PLAN AND CONSIDER A CONSENT AGENDA MOTION CARRIED 5-0. City Council Minutes May 17, 2004 ............................. 4.1. Utilities Update Page 2 Councilmember Dietz provided an update of the Elk River Municipal Utilities Commission meeting held on Tuesday, May 11, 2004. He stated that the Commission discussed the audit, wage increases, MMUA Bond Pooling, and future water capacity needs. He also noted that the Utilities employees were welcomed to the new building with a potluck hosted by city employees 4.2. NCDA Update Senior Planner Scott Harlicker provided an update of the Northstar Corridor Development Authority meeting held on May 6, 2004. He stated that the legislature did not pass the bonding bill and no state funding is available at this time for the project. 4.3. Park and Recreation Update Director of Planning Michele McPherson provided an update of Parks and Recreation Commission activities. She also gave a construction update for Lions Park Center, the Barn and YAC. Councilmember Tveite stated that the city is still in the interview process for the parks and recreation director position. City Administrator Pat Kflaers stated that the city hopes to have a candidate selected by the June 7, 2004 Council meeting. 4.4. HRA Update Councilmember Motin provided an update of the Housing and Redevelopment Authority meeting held on May 3, 2004. He stated that a compromise has been reached between the HRA and MetroPlains. He stated that MetroPlains would start work on the Bluff project prior to or at the same time as the Jackson project. 4.5. Boston/Concord Improvement Project Update Elaine Stueffen, 12903 Mississippi Road-Stated that she thought she already paid her SAC and WAC fees in the fall of 2003 but when she tried to get hooked up to sewer and water she was told by the city that she had not paid these fees but had paid for her trunk line fees. She stated that when she went to pay her SAC/WAC fees this year she was told that the fee is $500 more than last year. She stated that if she knew the city was going to increase the fees she would have paid them last fall. She felt the city should have given her notice of the fee increase. Mayor I43inzing stated that the city did sent out a letter to Boston/Concord residents (which included Ms. Stueffen) informing them of when they could begin to hook up to sewer and water and also informing them that SAC/WAC fees are adjusted annually and that residents would be charged the rates that are in place at the time they come to City Hall to pay for hookup. Mayor Kflinzing suggested that with the Boston/Concord project there should have been further notice of the fee increase. She stated that she would like to help Ms. Stueffen but was not sure what the city could do. Mr. I43aers stated that there would be no easy answer to settle this issue fairly among all the residents. He stated the city would be concerned about setting a precedent on future imp rovement p roj ects. Councilmember Dietz stated that the city reviews fees on an annual basis and that the City Council did not know that SAC/WAC fees were going to be raised until December. City Council Minutes Page 3 May 17, 2004 ............................. Councilmember Dietz stated that he has been trying to work on an equitable solution regarding assessments with the Boston/Concord residents. He distributed a draft letter that states that the city could do nothing in the way of providing relief to residents in a fair and equitable manner. Councilmember Kuester stated that on future projects the city could include in a letter that the property owner does have the option to prepay their SAC/WAC fees. It was the consensus of the Council to have Councilmember Dietz send the letter to Jack Longie (a Boston/Concord property owner) and to take no action regarding the request from Mrs. Stueffen. 4.6. Consider Personnel Committee Recommendations Finance Director Lori Johnson reviewed recommendations made by the Personnel Committee regarding several positions that recently completed a job analysis questionnaire (jAQ) as outlined in her staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE RECOMMENDATIONS OF THE PERSONNEL COMMITTEE AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Mr. Klaers stated that the environmental technician position, filled by Rebecca Haug, was newly created in August 2002. He stated that her employment letter stated she would receive a raise in July 2003. She did not receive this raise as her jAQ had not been completed yet. Mr. Klaers stated that Ms. Haug is owed back pay from July 2003. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO PAY MS. HAUG BACK PAY OWED FROM JULY 1, 2003 AS OUTLINED IN THE MEMO FROM THE CITY ADMINSTRATOR. MOTION CARRIED 5-0. 5. Open Mike No one appeared for Open Mike. Miles Knutsen, 13631 186m Avenue-Addressed the Council with a request for the City to blacktop Naples and 186m Avenue and to assess this cost to the benefited property owners. The council requested the City Council to provide some background information on a possible project in this area. Arthur Jackett, 19435 Dodge Street-Addressed the City Council on two items. First he recommended that the city provides notice to impacted property owners when fees are going to be adjusted. Second, he recommended that the Park and Recreation Commission consider establishment of a dog park. Request by Suburban Land Development for Final Plat Approval (Boulder Poin0-Case No. P 03-11 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the applicant is requesting final plat approval of Boulder Point. He discussed zoning, and street and lot layout. City Council Minutes Page 4 May 17, 2004 ............................. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-37 GRANTING FINAL PLAT OF BOULDER POINT WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT IS PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO RECORDING THE FINAL PLAT. SURFACE WATER MANAGEMENT FEE IS PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT IS PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 7. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 8. A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COST OF THE 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 IMPROVEMENTS COSTS SHALL BE SUBMITTED TO THE CITY FOR A PERIOD OF ONE YEAR. 10. A GRADING AND EROSION CONTROL PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. ALL MAILBOXES SHALL BE CLUSTERED. 14. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes Page 5 May 17, 2004 ............................. 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. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE UTILITIES SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. 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. 18. A VARIANCE OF 12.6-FEET SHALL BE GRANTED TO ALLOW LOT-I, BLOCK-I TO BE CONSTRUCTED AS PROPOSED AND ADDITIONAL SCREENING SHALL BE PLANTED AS SHOWN ON THE PLANS DATED SEPTEMBER 10, 2003. 19. THE APPLICANT SHALL OBTAIN AND COMPLY WITH THE REQUIREMENTS OF AN NPDES PERMIT. 20. THE PLAT SHALL RESTRICT ACCESS TO CSAH 12 AND TWIN LAKES ROAD. MOTION CARRIED 5-0. 6.2. Request by Morcon Real Estate & Development for Easement Vacation, Public Hearing-Case No. EV 04-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting an easement vacation to vacate drainage and utility easements over Lots 3 and 4, Block 3 of Ridgewood East Addition and Outlot A of Brentwood. He stated that the applicant is replatting these lots and new easements will be provided when future additions are final platted. Mayor Kflinzing opened the public hearing. Dave Pertl, applicant-Questioned the city engineer about the issues listed in his staff report. He stated that he would like the city to grant the vacation on the Anoka Electric Cooperative easement also. Mr. Maurer stated that the city does not have the right to grant the Anoka Electric easement. City Attorney Peter Beck suggested the following language change to Number 1 in Exhibit A of the resolution granting the easement vacation: 1. M1 city drainage and utility easements located on Outlot A, Brentwood. Mayor Kflinzing closed the public hearing. City Council Minutes May 17, 2004 ............................. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04-38 VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 04-02 WITH THE FOLLOWING CONDITIONS: Page 6 1. THE FINAL PLAT FOR ELK RIDGE CENTER ADDITION IS APPROVED BY THE CITY COUNCIL 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED MOTION CARRIED 5-0. 6.3. Approve Design Standards, Elk Ridge Center Senior Planner Scott Haflicker submitted the staff report. Mr. Haflicker stated that Morcon Real Estate and Development has submitted their design standards for Elk Ridge Center. He stated that the design standards include architectural, building, sign, lighting, and landscaping standards. He also reviewed the changes recommended by the Planning Commission. Daniel Green, Miller Dunmiddie Architects-Stated that he will follow through with the design standards. Councilmember Motin suggested a language change to Section B.1.2. He questioned why the word "shall" was replaced with the word "may." Planning Commissioner Peter Lemke stated that the Commission wanted more control over sign usage. Councilmember Tveite questioned how these standards compare to the city's sign ordinance for commercial zones. Ms. McPherson stated that signage is based on lineal footage for commercial zones. She stated that these design guidelines would supercede the ordinance for Elk Ridge Center. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE DESIGN STANDARDS FOR ELK RIDGE CENTER WITH THE FOLLOWING LANGUAGE CHANGES: · B.I.2-FACADES FACING PEDESTRIAN ZONES SHALL BE PROPORTIONED TO HUMAN SCALE · B.8.3 & B.8.4-ONE SIGN PER FACADE NOT TO EXCEED 5 PERCENT FOR EACH FACADE · B.4.9-EXTERIOR MATERIALS, CORRUGATED METAL IF NOT THE PRIMARY MATERIAL · B.4.2-ARCHITECTURAL TREATMENTS AND WALLS SHALL BE CONSTRUCTED OF THE SAME MATERIALS USED IN THE BUILDING MOTION CARRIED 5-0. City Council Minutes Page 7 May 17, 2004 ............................. 6.4. Request by Morcon Real Estate & Development for Final Plat Approval (Elk Ridge Center- Case No. P 03-16 Senior Planner Scott Hadicker submitted the staff report. Mr. Hadicker stated that the applicant is requesting final plat of Elk Ridge Center. He discussed zoning, lot and street layout, and park dedication fees. Dave Pertl-Requested the following language changes to Exhibit B of the Resolution: · Item 8 to reflect the date of the city engineer's memo · Item 14 be deleted and moved to the developer's agreement. Mr. Beck suggested that Item 14 could state that the cross access agreements must be approved by the city prior to building permits being issued. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-39 GRANTING FINAL PLAT APPROVAL OF ELK RIDGE CENTER, CASE NO. P 03-16 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 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. 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. 7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 8. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED MAY 10, 2004 SHALL BE ADDRESSED. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. City Council Minutes Page 8 May 17, 2004 ............................. 10. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY 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 MUNICIPAL 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 PRIOR TO 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 CLEARING OR GRADING COMMENCING. 17. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 5-0. 6.5. Request by North Memorial Medical Center for a Conditional Use Permit/PUD Agreement Amendment for Additional Signage in the Elk River Plaza PUD, Public Hearing-Case No. CU 04-10 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting to amend the signage requirements for Elk River Plaza PUD to allow two additional freestanding signs. He discussed current signage and the Planning Commission's recommendation. Mayor I4dinzing opened the public hearing. There being no one to speak to this issue, Mayor I4flinzing closed the public hearing. Councilmember Motin stated he was concerned about the visibility of traffic exiting the parking lot. Mr. Haflicker stated the sign would be high enough so as not to block the view of traffic. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AMENDMENT TO THE ELK RIVER PLAZA PUD AGREEMENT FOR TWO ADDITIONAL MONUMENT SIGNS FOR NORTH MEMORIAL MEDICAL CENTER. MOTION CARRIED 5-0. City Council Minutes May 17, 2004 ............................. Page 9 6.6. Request by Jeffrey Roehl for Zone Change to Rezone Property. from Rlc (Single Family Residential) to R3 (Townhouse/Multiple Family Residential), Public Hearing-Case No. ZC 04- 0A Planner Chris Leeseberg submitted the staff report. This item was continued from the April 19, 2004 City Council meeting. Mr. Leeseberg stated that the applicant is requesting a zone change from R1C (single family residential) to R3 (multi family residential). He stated that the R3 zoning designation is used as an intermediate zoning district in order to buffer between commercial and residential areas. He stated that the city is concerned about allowing spot zoning as this parcel is completely surrounded by single family residential properties. Mayor Kflinzing opened the public hearing. Jeff Roehl, 20663 Ulysses Street-Provided a history of the property. He stated that the post office and the phone company recognize the property as two different units. He stated that the duplex should be allowed as a non-conforming use as it has been operated as a duplex for the past 10 years. Mayor Kflinzing closed the public hearing. Councilmember Tveite stated that due to the location of the property it should not be rezoned. Mayor I43inzing stated that if this parcel were to be rezoned it may set a precedent the city would not like to see happen. Councilmember Kuester questioned what the criteria is for a legal non-conforming use. Mr. Beck responded that if the use was lawful when established. MOVED BY COUNCILMEMBER TYEITE AND SECONDED BY COUNCILMEMBER MOTIN TO DENY THE ZONE CHANGE FOR JEFFREY ROEHL BASED ON THE FOLLOWING FINDINGS: 1. THE SUBJECT PROPERTY DOES NOT ACT AS A TRANSITION BETWEEN SINGLE-FAMILY AND MULTIFAMILY DISTRICTS. 2. "SPOT ZONING" IS NOT RECOMMENDED. 3. THE SITE CANNOT PROVIDE THE REQUIRED PARKING SO THAT IT FUNCTIONS PROPERLY. 4. THE EXISTING STRUCTURE HAS ONLY ONE ATTACHED GARAGE. THREE WOULD BE REQUIRED. 5. THE EXISTING STRUCTURE DOES NOT COMPLY WITH DESIGN STANDARDS OF THE R3 DISTRICT. MOTION CARRIED 5-0. City Council Minutes Page 10 May 17, 2004 ............................. 6.7. 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's. P 04-04 & CU 04- Senior Planner Scott Harlicker submitted the staff report. This item was continued from the April 19, 2004 City Council meeting. Mr. Harlicker stated that the applicant is requesting a conditional use permit and final plat approval for Pullman Place. He stated that this item was continued due to several significant engineering issues that needed to be resolved (as outlined in the city engineer's staff report dated May 10, 2004). Mayor Kdinzing opened the public hearing for the conditional use permit. Don Gallus, 11878 191 1/z Avenue-Stated that he was concerned about the air quality in this area. He stated that there are numerous trucking companies in the area that create quite a bit of exhaust along with excessive noise levels. Mr. Maurer stated the city has not looked at air quality issues for this project. Mike Trossen, Trossen Wright Architects-Stated that he is concerned about Item 7 in the city engineers staff report regarding the placement of the fire lane on a neighboring property. He stated that he didn't feel he should have the burden of acquiring a fire lane from another property owner. He questioned if the same standards are being applied to other applicants. Mayor Kdinzing closed the public hearing. Mr. Maurer stated that the fire chief needs the lane installed due to the height of the building in order to make rescues from balconies with the ladder truck. Mayor I4dinzing questioned if other three story buildings in the area had to meet this same requirement. Mr. Maurer stated that it would depend on the location and layout of the other buildings. He stated that the fire chief may be able to reach a compromise with the applicant. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE CONDITIONAL USE PERMIT FOR A SENIOR HOUSING COOPERATIVE FOR PULLMAN PLACE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE LANDSCAPE PLAN SHALL BE REVISED TO INCLUDE STREET TREES ALONG 171s~r AND 172sD AVENUES. 3. THE ADJACENT STREETS SHALL BE SIGNED "NO PARKING" PER DIRECTION OF THE FIRE CHIEF. 4. THE LOOP IN FRONT OF THE ENTRANCE TO THE BUILDING SHALL BE SIGNED "NO PARKING". 5. EMERGENCY ACCESS SHALL BE PROVIDED FROM POLK STREET PER THE DIRECTION OF THE FIRE CHIEF. MOTION CARRIED 5-0. City Council Minutes May 17, 2004 ............................. Page 11 6.8. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-40 GRANTING FINAL PLAT APPROVAL FOR PULLMAN PLACE, CASE NO. P 04-09 WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MOTION CARRIED 5-0. Mayor I4dinzing stated to the applicant that she did not want to see future residents of this plat coming to the city to complain about noise levels and odor issues due to its proximity to industrial areas. She stated that the industrial companies were in this location first and the applicant should forewarn residents of these issues. Request by S & A Family Investments, LLP for Preliminary, Plat Approval of Woodland Hills, Public Hearing-Case No. P 04-02 Senior Planner Scott Haflicker submitted the staff report. This item was continued from the April 19, 2004 City Council meeting. Mr. Hadicker stated that the applicant submitted a revised plat on May 12, 2004 that narrowed the right of ways on two streets in order to create a larger buffer adjacent to The Great Northern Trail. Mr. Maurer stated that with the narrow right-of-ways in this plat the city could be opening itself up for trouble on future plats by setting this precedence. He stated that the Council could grant a setback variance for the parcels along the Trail. Mayor I4dinzing opened the public hearing. Steve Yoch, Attomey for S&A-Provided a chronology of the platting process that S&A has had with the city. Bonnie Crowe, 19528 Albany Street-Asked to review the changes that were made in the revised plat. Marty Campion, Civil Engineer for applicant-Stated that he narrowed the right-of-ways on this plat in order to increase the buffer from the lots to the trails. Parks and Recreation Commissioner Dave Anderson stated that Scott Breuer builds quality homes. He stated that the Commission would like to protect the view of the plat from the Trail. He stated that past developments may be closer to the trail but that is because past Commissions didn't know any better but are learning from experience. He stated he would like to see more trees in the development. Bill Lanther, 19533 Albany Street-Stated concems about drainage. He is also concemed about trees dying due to the drainage. Mr. Maurer stated that the applicant will he held to the same standard that all developers are held. He stated that this applicant should be responsible for clean up of the current holding pond. Dave Schultz, 19512 Albany Circle-Stated concems about the streets being narrow. Mr. Haflicker stated that the rights-of-way would be narrow and not the streets. City Council Minutes May 17, 2004 ............................. Page 12 Denise Lanther, 19533 Albany Street-Stated she is concemed about trees. She is concemed about the park being too close to woods and not safe for children. Mayor Kdinzing closed the public hearing. Councilmember Dietz suggested that rather than narrow the rights-of-way, the city should give setback variances. Councilmember Tveite stated that he would like to keep the right of way as a buffer and to offer 10 foot front yard setback variances. He stated disappointment that there wasn't a density reduction to the plat by the applicant. Ms. McPherson stated that a no cut area could be added to the buffer area. Councilmember Dietz questioned if the city is satisfied with the oak wilt containment. Ms. McPherson stated that the developer will have to hire a private contractor to help create an oak wilt suppression plan that would be reviewed by staff. Councilmember Kuester stated that she contacted Tim Edgerton (with the Sherbume County Tree Board). She reviewed a map of all the areas in Elk River that had oak wilt. Councilmember Motin stated that he does not like the plat the applicant submitted but the applicant is conforming to the R1C standards. Councilmember Motin stated that the applicant cannot please everyone. He stated he would like to see Ouflot A maintained. Councilmember Motin stated he would like to see more tree preservation within the city. He suggested that if trees can't be saved in a plat then the city should look at other areas of the city be reforested. Mayor I4dinzing stated the applicant has done everything he could to please as many people as he could. She stated that a conservation easement will help preserve trees. She stated that the applicant must consider his cost in the proiect and the city tends to cause some of the high cost of housing due to the process and all the conditions the applicant must complete. She stated she is disappointed the applicant did not create a premier development for this location and wishes the plat had a lower density. Mr. Beck stated there should be a no cut easement rather than a conservation easement. Marty Campion stated he can't agree with the 30' no cut requirement due to the topography of the land. Ms. McPherson suggested the developer use retaining walls in order to preserve trees. She stated a variance for the lots may not be appropriate. Mr. Beck stated that if the setback is changed then lots will also be changing in depth and size requirements. He stated the applicant is not entitled to every lot allowed in the plat due to the unique characteristics of the site. The applicant could make the lots wider rather than deeper. Mr. Yoch stated the applicant is already constructing fewer lots than allowed. He stated that the applicant would be willing to accept the variance or possibly shifting the road. He stated the 30' barrier would make the lots unbuildable. Mr. Beck stated the city could approve the plat with the condition that a 150' buffer be preserved from the trail and that no grading and cutting can be done and let the developer determine how City Council Minutes May 17, 2004 ............................. to accomplish that whether it be by combining a few lots, building retaining walls, or by compressing lots in the interior. Page 13 Councilmember Tveite stated he would be amendable to the suggestion from Mr. Beck to require a 150' buffer from the trail property line to the house and allow the final plat to come back with some minor modifications. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 5. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 8. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE 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 THE PERIOD OF ONE YEAR. 10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council Minutes May 17, 2004 ............................. 13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. 15. Page 14 ALL MAILBOXES BE CLUSTERED. 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. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. 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. 19. NO GRADING, EXCEPT FOR THE CUL DE SAC, SHALL BE ALLOWED IN THE WOODED AREA OF OUTLOT A 20. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPRESSION PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE REMOVAL. 21. OUTLOT G BE COMBINED WITH LOTS 3 AND 4, BLOCK 4 22. OUTLOT C BE ELIMINATED. 23. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED 5/12/04 SHALL BE ADDRESSED. 24. REQUIRE A 150' BUFFER FROM THE TRAIL PROPERTY LINE TO THE HOUSE AND ALLOW THE FINAL PLAT TO COME BACK WITH SOME MINOR MODIFICATIONS. Councilmember Kuester questioned if the final decision is that the city cannot allow a variance on the front setback. Councilmember Tveite stated that the variance is still open and can come back at final plat. Ms. McPherson asked for clarification on where the 150' measurement will begin. She questioned if the city would be measuring the buffer starting at the right-of-way line to the back the house. Mayor I4flinzing stated that the 150' buffer begins from the trail. City Council Minutes Page 15 May 17, 2004 ............................. Mr. Campion stated he is concemed that a &fferent Council would not understand that the applicant could come back with the variances and he would like the variance option listed as part of the motion. Councilmember Tveite stated that the variance &scussion would be in the minutes. Mayor I4Ainzing stated that the Council cannot legally require a future Council to approve the variances. Mr. Beck stated that the applicant could submit an amended preliminary plat for approval. MOTION CARRIED 5-0. The Council took a five minute break at 10:10 p.m. 6.9. Request by Lynda Coombs Schmeling for Administrative Sub&vision, Public Hearing-Case No. AS 04-03 Director of Planning Michele McPherson submitted the staff report. Ms. Mcpherson stated the applicant is requesting an administrative sub&vision to create a 2.5 acre lot from a 10 acre parcel. She &scussed the existing structure, Sherbume County requirements regar&ng access, and the Parks and Recreation Commission's recommendations. Mayor I4dinzing opened the public hearing. There being no one to speak to this issue Mayor I4flinzing closed the public hearing. MOVED BY COUNCILMEMBER TYEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR LYNDA SCHMELING WITH THE FOLLOWING CONDITIONS: 1. ALL REQUIREMENTS OF THE CITY ENGINEER BE ADDRESSED. CROSS ACCESS EASEMENTS SHALL BE PREPARED TO ALLOW PARCEL A TO UTILIZE THE DRIVEWAY ON PARCEL B FOR ACCESS TO COUNTY ROAD 40. 3. PARK DEDICATION FOR ONE LOT SHALL BE PAID. 4. SURFACE WATER MANAGEMENT FEE FOR ONE LOT SHALL BE PAID. MOTION CARRIED 5-0. 6.10. Request by Pete's Mini Storage for Zone Change, Public Hearing-Case No. ZC 04-04 6.11. Request by Pete's Mini Storage for Con&tional Use Permit to Construct Ad&don. Public Hearing-Case No. CU 04-06 Director of Planning Michele McPherson submitted the staff report. Ms. Mcpherson stated that the applicant is requesting a zone change (from R3-Townhouse/Multiple Family Residential to R4,-Multiple Family Residential) and a con&tional use permit to allow expansion of a mini storage facility. She &scussed setbacks, landscaping, buil&ng design, and the Planning Commission's recommendations. Ms. McPherson stated that when the mini storage was originally constructed it was an allowed use but is currently not allowed in the R3 &strict. City Council Minutes May 17, 2004 ............................. Page 16 Mayor I~inzing opened the public heating. Pete Rohlf, applicant-Stated that he would like to change the morning hours from the Planning Commission's recommendation of 7:00 a.m. to an earlier timeframe. He stated he is concerned about planting additional trees along the eastern edge of the property due to snow removal. Hubert Marty, 11814 Highland Road-Stated that he didn't have any issues with the applicant's request. He stated he does object to a fence being installed around the subject parcel. Connie Muchler, 11812 Highland Road-Stated opposition to a fence installed around the subject parcel. Mary Marty, 11814 Highland Road-Stated objections to a fence around the subject parcel. Mayor Kdinzing closed the public heating. Mayor I4dinzing noted that staff's recommendation is to not include a fence around the mini storage facility. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 04-08 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 04-04 WITH THE FOLLOWING CONDITIONS: THE REQUEST IS CONSISTENT WITH ADJACENT ZONING AND USES. 2. THE USE IS CONSISTENT WITH THE ZONING. 3. THE ZONING IS CONSISTENT WITH THE LAND USE. MOTION CARRIED 5-0. Discussion was held on hours of operation. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A CONDITIONAL USE PERMIT TO PETE'S MINI STORAGE WITH THE FOLLOWING CONDITIONS: THE APPLICANT SHALL PROVIDE A LANDSCAPE PLAN WITH ADDITIONAL TREES ALONG THE BOULEVARD, THE WEST PROPERTY LINE NEAR THE DETENTION POND, AND EAST OF THE EASTERLY BUILDING. THE BUILDING CONSTRUCTION AND MATERIALS BE SIMILAR TO THE EXISTING STRUCTURES, INCLUDING THE STUCCO FINISH. 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 City Council Minutes May 17, 2004 ............................. Page 17 UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. MOTION CARRIED 5-0. 6.12. Request by Joseph Brandenburg for a Conditional Use Permit for a Home Occupation, Public Hearing-Case No. CU 04-07 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a conditional use permit for a home occupation. He discussed zoning, existing conditions, and the Planning Commission's recommendations. Mayor I4dinzing opened the public hearing. There being no one to speak to this issue, Mayor I4dinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DISTRIBUTION OF AFTERMARKET AUTOMOTIVE CRUISE CONTROLS) WITH THE FOLLOWING CONDITIONS: THERE SHALL NOT BE MORE THAN TWO EMPLOYEES. IF ADDITIONAL EMPLOYEES ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. EMPLOYEE VEHICLES SHALL BE PARKED ON AN APPROVED SURFACE PER THE ORDINANCE REQUIREMENTS. 3. THERE SHALL BE NO STORAGE OF BUSINESS PRODUCTS OR EQUIPMENT OUTSIDE OF THE ACCESSORY STRUCTURE. 4. DELIVERY VEHICLES SHALL BE UNLOADED ON SITE AND NOT FROM THE STREET. MOTION CARRIED 5-0. 6.13. Request by Olson General Contractors, Inc. for a Variance to the City, Code Section 30-934- Landscaping Requirements, Public Hearing-Case No. V 04-02 Senior Planner Scott Haflicker submitted the staff report. Mr. Haflicker stated that the applicant is requesting a variance to the landscape ordinance. He stated that the applicant is proposing to construct a building that will need CUP approval. Mr. Haflicker stated the applicant does not believe he can install all the trees required in the landscaping ordinance and has submitted a letter that states he has met the five conditions needed for a variance. Mayor I4dinzing opened the public hearing. Greg Michael, with 01son Contractors, Inc.-Stated that his lot is long and narrow and when the trees fully mature they will overhang into the storage area. Mayor Kdinzing closed the public hearing. Councilmember Tveite stated the ordinance allows for fewer trees to be planted if larger trees are planted. City Council Minutes May 17, 2004 ............................. Page 18 6.14. Frank Carlson, 9998 215m Avenue-Stated he would be the owner of the building. He stated that there is a 3 acre parcel on both sides of the subject parcel and if all the trees had to be planted on these parcels there would 132 trees within a 9 acre parcel and this would be overkill. Ms. McPherson stated the applicant has plenty of area along the back of the site to fit the trees onto the parcel. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO DENY THE VARIANCE REQUEST TO OLSON CONTRACTORS, INC. BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 3. THE PETITIONER HAS THE OPTION OF PLANTING LARGER TREES WHICH WOULD REDUCE THE NUMBER REQUIRED. 4. THE SITE IS LARGE ENOUGH TO ACCOMMODATE THE TREES REQUIRED. MOTION CARRIED 5-0. Councilmember Tveite stated the variance request is not supportable but that the landscaping ordinance does seem extreme for industrial areas and suggested that staff review this section of the ordinance. Mayor I4dinzing concurred. Request by Olson General Contractors, Inc. for Conditional Use Permit for Outdoor Storage (Majestic Masonry,), Public Hearing-Case No. CU 04-08 Senior Planner Scott Haflicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a conditional use permit for outdoor storage. The applicant will be building a 12,000 sq. ft. building. He discussed parking, access, screening, signage, storage, and the Planning Commission's recommendation. Mayor I4dinzing opened the public hearing. There being no one to speak to this issue, Mayor I4dinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE TO OLSON CONTRACTORS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ALL SIGNAGE SHALL COMPLY WITH THE SIGN ORDINANCE AND THE FREESTANDING SIGN SHALL BE SETBACK 10 FEET FROM THE PROPERTY LINES. City Council Minutes May 17, 2004 ............................. 3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. Page 19 4. THE EDGES OF THE OUTDOOR STORAGE AREA SHALL BE PERMANENTLY DEFINED WITH LANDSCAPING TIES. 5. ONE ADDITIONAL OVERSTORY TREE BE PLANTED. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO AMEND THE MOTION TO DELETE THE LANGUAGE IN CONDITION NUMBER 5 AND HAVE IT STATE, "MUST COMPLY WITH THE LANDSCAPING ORDINANCE." MOTION AS AMENDED CARRIED 5-0. 6.15. Request by Vision Enterprises, LLC for a Conditional Use Permit for a Building Expansion, Public Hearing-Case No. CU 04-09 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the applicant is requesting a conditional use permit (CUP) to add four service bays to a maintenance building. He discussed zoning and existing conditions. He stated that the applicant has a previous CUP (CU 94-13) with an outstanding condition regarding trees that was never completed. Mayor I4dinzing opened the public hearing. There being no one to speak to this issue, Mayor I4dinzing closed the public hearing. Councilmember Dietz questioned if the CUP for the building expansion can be withheld until the condition from the previous CUP is completed. Ms. McPherson stated that the city will hold a landscaping bond until all the conditions of the landscaping ordinance are met. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL FOUR SERVICE BAYS TO THE MAINTENANCE BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. THE BUILDING SHALL COMPLY WITH ALL BUILDING CODES. 3. THE BUILDING SHALL COMPLY WITH ALL FIRE CODES. 4. THE CONDITION FROM CU 94-13 SHALL BE COMPLETED. 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. MOTION CARRIED 5-0. City Council Minutes Page 20 May 17, 2004 ............................. 6.16. Request by Northern Auto Services, Inc. for a Conditional Use Permit/PUD Agreement for Auburn Commons/Barrington Place PUD to Allow Auto Sales, Public Hearing-Case No. CU 04-12 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit for the sale of automobiles. He discussed zoning, setbacks, the proposed layout, landscaping, and the Planning Commission's recommendation. Mayor I4dinzing opened the public hearing. Gary Santwvire, 205m Street-Provided a series of handouts. He stated he originally platted this parcel. He stated that past Commissions wanted to keep the comer green. He stated that an additional 10' was added to the Dodge Avenue right of way. He stated that the current site plan is incorrect due to the 15' setback line and the 50' right of way. He is concerned about any future street reconstruction project and tree removal. He stated the site is too small for a car lot. He stated that the current parking area could be expanded to allow for the (for sale) spots. He stated there is a vacant parcel the applicant could buy. He is concerned about how tight the layout is and is concerned about vehicles stopping on Dodge Avenue or 5~h Street to look at the vehicles that are for sale. He is concerned about the type of vehicles that will be for sale; larger vehicles will block traffic view. Mark Broten, 12935 302~d Avenue, applicant-Stated the site was measured. He stated that there is a lot of water drainage at the back of the site so that is why the pads are in the front and that is why the pads would be installed rather than expanding the parking lot. Mayor I4dinzing closed the public hearing. Councilmember Kuester questioned if the parking requirements would change. She also stated concerns over the landscaping and drainage easements. Councilmember Motin questioned the use of multiple businesses by one owner. He stated that this location does not seem like a good spot for this type of business. Mayor I4dinzing stated concems about the 15' setback. Councilmember Tveite stated there are too many questions to approve this request this evening. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO CONTINUE THIS ITEM UNTIL JUNE 21, 2004. MOTION CARRIED 5-0. 6.17. Update on Planning Commission Agenda Items Director of Planning Michele McPherson submitted the staff report. Ms. McPherson discussed and reviewed two new proposed plats (Trout Brook Estates and River Park) that will be brought forth to the City Council for approval in the near future. She stated that Elk River Municipal Utilities will need to acquire land for a new well and water treatment facility in order to accommodate more development. She stated that the Fire Department would like to see a new satellite fire station built to accommodate the growth in east Elk River. She asked for feedback from the Council. Planning Commissioner Peter Lemke stated that the Commission did not like the proposed coving plan submitted for the River Park plat. City Council Minutes May 17, 2004 ............................. The Council concurred that they disliked the coving plan. Page 21 Councilmember Tveite stated that the coving concept is confusing and creates maintenance issues. Ms. McPherson stated that there are street connections to the Sunset Ridge development and there will be unhappy residents. Councilmember Motin stated that he does not approve of the townhomes scattered throughout the two proposed plats. He stated that when the townhome district was established it was designed to act as a buffer between residential areas and industrial areas. He stated that the townhomes should not be in this northeastern quadrant of the city. Mayor I4dinzing stated concerns regarding the density of the project. 7. Other Business There was no other business. 8. Staff Updates 8.1. Council Discussion on Annual Reports The Council continued this item until June 7, 2004. Koehler Purchase offer Mr. I4daers stated that late this aftemoon he received a letter from Mary Koehler with a counter offer for the sale of her home, which will be used for a future expansion of the library. He stated that the offer is for ~7,000 higher than the appraisal estimate. He stated that he believed the offer to be reasonable. Councilmember Dietz questioned if the counter offer was negotiable. He didn't believe the city should have to pay relocation expenses for the Koehlers. He stated that the city should pay fair value for the property. MOVED BY COUNCILMEMBER TYEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADD CONSIDER THE KOEHLER PROPERTY PURCHASE TO THE SPECIAL MAY 24, 2004 CITY COUNCIL MEETING. MOTION CARRIED 5-0. 9. Adjournment There being no further business, Mayor I43inzing adjourned the meeting of the Elk River City Council at 12:00 p.m. Minutes prepared by Tina Allard Joan Schmidt City Clerk