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06-19-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 19, 2000 Members Present: Mayor Klinzing, Councilmembers Farber, Motin, and Thompson (6:15 p.m.) Members Absent: Councilmember Dietz Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Peter Beck, City Al-forney; Terry Maurer, City Engineer; Scott Harlicker, Senior Planner Also Present: John Kuester, Park and Recreation Commissioner; Dana Anderson, Park and Recreation Commissioner Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Klinzing. 2. Consider A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 6/19/00 CITY COUNCIL AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consider Consent A,qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5. 3.6. 3.7. 6/12/00 CITY COUNCIL MINUTES - APPROVED REQUEST BY ERICKSMOEN CONSTRUCTION FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH (LIVING WATERS CHURCH), PUBLIC HEARING CASE NO. CU 00-17 -- POSTPONED TO JULY 17, 2000 REQUEST BY WASH AND FILL OF MINNESOTA, INC. FOR PRELIMINARY PLAT (ELK RIVER CROSSING 2ND ADDITION), PUBLIC HEARING CASE NO. P 00-8, -- POSTPONED TO JULY 17, 2000 REQUEST BY WASH AND FILL OF MINNESOTA, INC. FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 00-12, -- POSTPONED TO JULY 17, 2000 REQUEST BY PHOENIX ENTERPRISES FOR PERLIMINARY PLAT (TWIN LAKES TOWNHOMES), PUBLIC HEARING CASE NO. P 00-7 -- POSTPONED TO JULY 17, 2000 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO RECOGNIZE SINGLE FAMILY DETACHED TOWNHOMES, PUBLIC HEARING CASE NO. OA 00-5 -- WITHDRAWN RESOLUTION 00-41 APPROVING PREMISE PERMIT RENEWAL FOR ELK RIVER LIONS - APPROVED Elk River City Council Meeting Page 2 June 19, 2000 3.8. CONSIDER 3.2 PERCENT ON SALE BEER LICENSE FOR CHINA HOUSE BUFFET - APPROVED CONSIDER TRANSIENT MERCHANT LICENSES FOR CW MARKETING (THOMAS SIBLEY, WINONA STEVENS, AND FELICIA BARNS) TO SELL COUPON BOOKLETS FOR LAROSE'S PIZZA DOOR TO DOOR - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4.1. Utilities Commission Update No verbal update was presented as Councilmember Dietz was absent. 4.2. Northstar Corridor Update Senior Planner Scoh' Harlicker updated the council on the Northstar Development Authority meeting held on June 1, 2000. 4.3. Community Recreation Udpate Councilmember Motin updated the council on the May 15 and June 19 Community Recreation Board meetings. 4.4. Request Authorization to Advertise for Seal Coat Bids City Engineer Terry Maurer presented a map showing the proposed areas scheduled to be seal coated. COUNClLMEMBER MOTIN MOVED TO ADVERTISE FOR BIDS FOR THE 2000 SEAL COAT PROGRAM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4.5. Consider Pedestrian Brid.qe Plaque City Administrator Pat Klaers read the language proposed by Councilmember Thompson for the bridge plaque. "May This Bridge Symbolize How The Community Came Together To Make Elk River A Safer Place For All. To the John M. Twaddle Family For Their Strength, Guidance, Leadership, and Dedication In Making This Bridge A Reality. This Bridge Is Dedicated To All Who Have Died Or Been Injured On This Highway And To Future Generations Who Will Benefit From Its Use. April 17, 2000." Mayor Klinzing noted that she was in favor of the compromise. Councilmember Motin suggested changing the first line of the second paragraph as follows: "With Special Thanks To the Family Of John M. Twaddle..." It was the consensus of the council to accept this change. COUNCILMEMBER MOTIN MOVED TO APPROVE TWO PLAQUES TO BE PLACED ON THE PEDESTRIAN BRIDGE WITH THE PROPOSED LANGUAGE FROM COUNCILMEMBER THOMPSON. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. Elk River City Council Meeting Page 3 June 19, 2000 5. Open Mike No one appeared for this item. 6.1. Wetland Conservation Act Decision, Rollin.q Hills, Case No. WCA 00-2 Director of Planning Michele McPherson noted that Dragsten Development is proposing to fill 1,733 feet of a Type I wetland and 7,609 feet of a Type II wetland to accommodate a 27 lot single-family residential plat called Rolling Hills. COUNCILMEMBER FARBER MOVED TO RECOMMEND APPROVAL OF THE REVISED FILLING AND MITIGATION PLAN FOR THE PROJECT WITH THE FOLLOWING STIPULATIONS: 1. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. 2. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THE LEI'rER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDE THE COST OF THE MITIGATION WORK. 4. THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. MAYOR KLINZING SECONDED THE MOTION. Counciimember Motin noted that he would be abstaining as he does not believe that the plat is in the best interest of the city. THE MOTION CARRIED 2-0-1. Councilmember Motin abstained. Councilmember Thompson arrived at this time (6:15 p.m.) 6.2. Request by Ron Dra,qsten for Final Plat Approval (Rollin.q Hills), Case No. P 00-6 Director of Planning Michele McPherson indicated that Ron Dragsten is requesting final plat approval for a 30-lot cluster subdivision on 113.6 acres located at 22638 Jarvis Street. Michele reviewed the staff report on the final plat. She indicated that the Planning Commission recommended approval of the request. Councilmember Farber indicated that his main concern is the paving of Jarvis Street and gearing Burns Township to participate, and indicated that he would like to see something done with the road prior to development beginning. Elk River City Council Meeting Page 4 June 19~ 2000 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-42 GRANTING FINAL PLAT APPROVAL FOR ROLLING HILLS, CASE NO. P 00-6, WITH THE FOLLOWING CONDITIONS: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PRELIMINARY PLAT. 3. THAT A HOMEOWNER'S ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. THAT STREETLIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE PUBLIC IMPROVEMENTS. 6. THAT PARK DEDICATION BE PAID AT THE RATE REQUIRED BY THE CITY FOR 11 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING. o THAT AN ACCESS EASEMENT BE GRANTED TO THE CITY OVER THE 40-ACRE SET ASIDE FOR TRAIL ACCESS SHOULD A REGIONAL RECREATIONAL FACILITY BE CREATED ON AN ADJACENT PARCEL. 8. THAT 68.36 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT TO BE HELD EITHER BY THE HOMEOWNER'S ASSOCIATION OR A QUALIFIED LAND TRUST. THAT 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. 10. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. THAT THE CLEVELAND STREET EXTENSION BE PAVED TO THE NORTH PROPERTY LINE. 12. THAT A GRADING AND EROSION CONTROL PLAN AND LIMITED DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. THAT A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR RELEASING THE PLAT FOR RECORDING. 14. THAT A LANDSCAPE PLAN BE SUBMITTED THAT SHOWS ONE STREET AND ONE YARD TREE PER LOT AND ADDITIONAL PLANTINGS ALONG THE PROPERTY LINES OF LOT 1, BLOCK 1, AND LOT 7, BLOCK 3. Elk River City Council Meeting Page 5 June 19, 2000 15. THAT ALL MAILBOXES IN THE DEVELOPMENT BE CLUSTERED. 16. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIPLINE TO PREVENT GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT PRIOR TO COMMENCEMENT OF GRADING. 17. THAT THE PRIMARY AND SECONDARY SEPTIC SITES BE PROTECTED WITH SNOW FENCE TO PREVENT GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT PRIOR TO COMMENCEMENT OF GRADING. 18. THAT AN ENDOWMENT TO THE CONSERVATION EASEMENT HOLDER BE PROVIDED WHERE THE PRINCIPLE WOULD GENERATE SUFFICIENT ANNUAL INTEREST TO COVER THE HOLDER'S YEARLY COSTS TO ENFORCE THE CONDITIONS OF THE EASEMENT. 19. THAT THE APPLICANT IS REQUIRED TO SUBMIT A THEME, WHICH IS DEFINED AND DOCUMENTED, INCLUDING THE LOCATION OF SIDE-LOADED GARAGES AND FRONT PORCHES. 20. THAT THE OWNERSHIP AND REMODELING OF THE BARN BE SPECIFICALLY DEFINED BY THE DEVELOPER. 21. THAT SIDEWALK AND TRAIL DETAILS BE PROVIDED, SHOWING A SIDEWALK TO CONNECT JARVlS TO THE TRAIL SYSTEM, AND ALSO SHOWING WHERE THE TRAIL WILL GO THROUGH THE LOWLANDS AND WHAT IT WILL LOOK LIKE. 22. STAFF AND THE DEVELOPER SHALL REACH AN AGREEMENT REGARDING THE DEVELOPER'S SHARE OF PAVING JARVlS STREET. 23. THE APPLICANT SHALL COMPLETE THE WETLAND MITIGATION PROCESS FOR WETLANDS IMPACTED ON THE SITE PRIOR TO APPROVAL OF THE FINAL PLAT. 24. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION PLANS. 25. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 26. THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDE THE COST OF THE MITIGATION WORK. 27. THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Councilmember Motin indicated he was opposed to the plat because of the leapfrogging effect and the strain that this would cause the city for providing Elk River City Council Meeting Page 6 June 19, 2000 services to the plat. He further indicated he did not feel the proposal should be receiving the maximum density bonus. THE MOTION CARRIED 3-1. Councilmember Motin opposed. 6.3, Request by Brookstone Development to Waive Park Dedication Fees for Elk River Business Park Director of Planning Michele McPherson indicated that Brookstone, Inc., representing the Limited Liability Partnership associated with the Elk River Business Park is requesting the council waive the park dedication fees required by the final plat in the amount of $63,940. She explained that the request to waive the fees is based on the issue that Brookstone, Inc. feels it did not receive adequate notice from the city regarding the fact that Brookstone, Inc. would be responsible for park dedication fees. Councilmember Farber indicated he was in favor of waiving the fees as the developer was not informed that he would have to pay park dedication fees up front. Councilmember Thompson suggested phasing the fees in as the fees were phased in for residential property. Richard Martens, Brookstone, Inc., representing Elk River Business Park, informed the council that they were unaware that they were responsible for park dedication fees. He further noted that he had understood that the surface water management fee would be $136 per acre, which is the residential lot fee and the industrial lot fee that is required is $876 per acre. He indicated that his company did not budget for these fees up front and requested the City Council to allow the developers to pay any required fees at time of building permit issuance. Park and Recreation Commissioner John Kuester requested that the council not waive the park dedication fees. He noted that the Park and Recreation Commission discussed this detail in length. He noted the concern is that of separating park and recreation as an amenity from economic development. He noted that park and recreation is a prime factor in the marketing of economic development. Councilmember Farber indicated that because the developer was not informed of the park dedication fee, he did not feel it would be fair to require the developer to pay the fee. He further indicated that he feels a mistake was made in the surface water management fee on the developers part and felt that the developer should be responsible for this fee. Councilmember Motin indicated he was in favor of collecting at least a portion of the park dedication fee. Councilmember Thompson indicated that he was in favor of negotiating a fee, but not in favor of entirely forgiving the park dedication fee. Elk River City Council Meeting Page 7 June 19, 2000 Richard Martens, again requested the council to consider assessing the park dedication and surface water management fees on a pro-rata basis against each parcel at the time of building permit issuance. Park and Recreation Commissioner Dana Anderson indicated he was in favor of having the developer pay the park dedication fee and stated he was concerned about the city setting a precedence regarding the pay-as-you-go procedure. Mayor Klinzing indicated that she is interested in collecting all of the park dedication fees and is interested in allowing deferment of payment until time of building permit application. COUNCILMEMBER FARBER MOVED TO WAIVE THE PARK DEDICATION FEE. THE MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO NEGOTIATE THE PARK DEDICATION FEE WITH THE DEVELOPER AND METHOD OF PAYMENT AND TO REPORT BACK TO THE CITY COUNCIL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Klinzing opposed. It was the consensus of the council that the Park and Recreation Commission would not be a part of these negotiations. 6.4. Request by Home Depot U.S.A., Inc. for Easement Vacation, Public Hearin.q Case No. EV 00-5 Senior Planner Scoh~ Harlicker indicated that Home Depot is requesting an easement vacation for a portion of a drainage and utility easement located at the northeast corner of Lot 1, Block 1, Home Depot Addition. Scott reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 00-5 WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by City of Elk River for Easement Vacation - Brach A, Ditch # 10, Public Hearin.q Case No. EV 00-4 Director of Planning Michele McPherson stated that the City of Elk River is requesting to vacate the drainage easement for a portion of Branch A, Ditch # 10, located on the Elk River Business Park property. Michele reviewed the staff report. Elk River City Council Meeting Page June 19, 2000 Mayor Klinzing opened the public hearing. There being no one for or against the ma~er, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-44 FOR VACATING DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 00-4. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6, Request by Phoenix Enterprises for Conditional Use Permit for Restaurant Expansion (Culvers) Public Hearin.q Case No. CU 00-16 Councilmember Thompson stepped down from the council dais at this time due to a conflict of interest. Senior Planner Scott Harlicker indicated that Phoenix Enterprises is requesting a conditional use permit for an expansion to Culvers Restaurant located at 19230 Evans Street. He explained that the applicant is proposing a 459 square foot expansion. Scott reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO BUILD AN ADDITION TO CULVERS RESTAURANT WITH THE FOLLOWING CONDITIONS: ALL CONDITIONS INCLUDED AS PART OF THE APPROVAL OF CU 97-22 SHALL BE COMPLIED WITH. IN ADDITION TO THE ADDITIONAL TREES PROPOSED AS PART OF THE EXPANSION, LANDSCAPING BE INSTALLED PER APPROVED PLAN DATED 9/9/97 AND THE EXISTING PLANTINGS IMPACTED BY THE EXPANSION BE RELOCATED ON THE SITE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. Councilmember Thompson returned to the council dais at this time. 6.7, Request by Central Rivers for Preliminary and Final Plat Approval (Elk River Cenex), Public Hearin.q Case No. P 00-9 6.8, Request by Central Rivers for Conditional Use Permit to Construct Car Wash Addition (Cenex), Public Hearin.q Case No. CU 00-15 Senior Planner Scott Harlicker indicated that Central Rivers is requesting a preliminary plat of a 1.80 acre parcel, which is the Elk River Cenex property, in the C3 zoning district. He noted that Central Rivers is also requesting final plat of the same parcel. Scott explained that the property is located in the urban service district and in order to obtain a building permit in the urban service district, the ordinance requires that the lot be platted. Scott explained that Central Rivers is also requesting a conditional use permit for a car wash. Scott Harlicker reviewed the staff report on these issues. Elk River City Council Meeting Page 9 June 19, 2000 Mayor Klinzing opened the public hearing for the preliminary plat and the conditional use permit. Councilmember Thompson noted a concern with phasing in some of the requirements for the conditional use permit to the year 2005. Following council discussion it was the consensus that the phasing in for these requirements be moved ahead to the year 2003. There being no comments from the public. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT OF A 1.80 ACRE PARCEL OF PROPERTY LOCATED AT ELK RIVER CENEX IN THE C3 ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: 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 WITH SHERBURNE COUNTY. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. THAT 10-FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED AROUND THE PERIMETER OF THE PLAT. o THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-45 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER CENEX, CASE NO. P 00-9. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A CAR WASH ADDITION WITH THE FOLLOWING CONDITIONS: 1. CURB AND GUTTER BE INSTALLED AROUND ALL VEHICLE USE AREAS BY SEPTEMBER 1,2003. 2. THE PARKING LOT BE SET BACK 10 FEET FROM THE PROPERTY LINES BY SEPTEMBER 1, 2003. 3. THERE BE NO OVERNIGHT STORAGE OR PARKING OF SEMI-TRACTORS OR TRAILERS. 4. SITE AMENITIES SUCH AS PAY PHONES, LIGHTS, SIGNS, AND FLAG POLES BE LOCATED ON SITE BY SEPTEMBER 1, 2003. Elk River City Council Meeting Page 10 June 19, 2000 5. ANY PROPOSED CAR WASH PAY BOX OR VACUUMS BE INDICATED ON THE SITE PLAN. 6. A SUMPSTER ENCLOSUER BE PROVIDED THAT IS CONSTRUCTED OF MATERIALS THAT COMPLIMENT THE EXISTING BUILDING. THE ENCLOSURE SHALL BE INDICATED ON THE SITE PALN AND ELEVATIONS DRAWINGS PROVIDED. 7. THE PROPANE TANSK MEET NFPA 58 RULES INCLUDING PROPER SETBACKS AND BARRIERS FROM VEHICLE USE AREAS. 8. A LANDSCAPING PLAN BE PROVIDED THAT CONFORMS TO THE CITY LANDSCAPE ORDINANCE. 9. A SIGN PERMIT BE OBTAINED FROM THE CITY PLANNING DEPARTMENT PRIOR TO INSTALLATION OF ANY NEW SIGNS OR MODIFICATIONS TO EXISTING SIGNS AS REQUIRED BY CITY ORDINANCE. 10. THAT THE CAR WASH AND STORE HOOK UP TO THE CITY SANITARY SEWER AND THE STORE HOOK UP TO CITY WATER. 11. THE DRIVEWAY FROM THE NORTHWEST CORNER OF THE SITE BE REDUCED TO AN APPROPRIATE WIDTH AS APPROVED BY THE CITY ENGINEER, BY SEPTEMBER 1, 2003. 12. THE PARKING AND DRIVE LANES CONFORM TO CITY ORDINANCE. 13. PARKING AND STACKING AREAS, INCLUDING SEMI-TRACTOR AND TRAILER PARKING, BE STRIPED. 14. A CONCRETE BARRIER BE INSTALLED AT THE EXIT OF THE CAR WASH TO PROTECT CARS EXITING THE CAR WASH. 15. A FREE LANE OF TRAFFIC BE PROVIDED OUTSIDE THE STACKING LANE TO ALLOW CARS TO EXIT. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6,9, 6.10. Request by City of Elk River for Rezonin.q from BP (Business Park) to C3 (Hi.clhwa¥ Commercial), Public Hearin.q Case No. ZC 00-4 Request by City of Elk River for Land Use Amendment from Li.qht Industrial to Hi,qhway Business, Public Hearin.q Case No. LU 00-4 Senior Planner Scott Harlicker indicated that the City of Elk River is requesting a land use amendment from light industrial to highway business and a zone change from Business Park to C3 (Highway Commercial) at the location of Outlot D, Elk Path Business Park. Scott explained that the request involves a land use amendment and zone change for 3.74 acres located at the southeast corner of Business Center Drive and Waco Street. Scott reviewed the staff reports on these requests. Elk River City Council Meeting Page 11 June 19, 2000 Mayor Klinzing opened the public hearings. There being no one for or against the ma~ers, Mayor Klinzing closed the public hearing. COUNC:ILMEMBER FARBER MOVED TO ADOPT ORDINANC:E 00-11 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM BUSINESS PARK TO C3 (HIGHWAY COMMERCIAL), CASE NO. ZC 00-4, BASED ON THE FOLLOWING FINDINGS: THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESINGATION OF HB (HIGHWAY BUSINESS). THE CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PARCEL AS HIGHWAY COMMERCIAL. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED NEAR A SIGNALIZED INTERSECTION THAT WILL MEET THE TRANSPORTATION NEEDS OF BUSINESS ALLOWED UNDER THE C:3 ZONING DISTRICT. THE C3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY MUNICIPAL SEWER AND WATER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. C:OUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-46 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 00-4 BASED ON THE FOLLOWING FINDINGS: THE PARCEL WAS IDENTIFIED IN THE COMPREHENSIVE PLAN AS A FUTURE AREA FOR COMMERCIAL LAND USES. 2. THE PARCEL UNDER CONSTRUCTION IS ADJACENT TO HIGHWAY 10. THE PROPOSED LAND USE PLAN AMENDMENT WILL ALLOW FOR HIGHWAY COMMERCIAL DEVELOPMENT AT A SIGNALIZED INTERSECTION. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.11. Reconsider Requests LU 00-2 and ZC 00-2 by Hoyt Partners Director of Planning Michele McPherson indicated that staff is recommending to amend two motions pertaining to the rezoning and land use of parcels located in Elk Path Center from the March 20, 2000, City Council meeting. She explained that staff and Planning Commission are recommending that Parcel 3 remain business park zoning as Parcel 3 was not intended to be zoned commercial. COUNCILMEMBER THOMPSON MOVED TO RECONSIDER THE TWO MOTIONS MADE ON MARCH 20, 2000, PERTAINING TO THE ZONE CHANGE AND LAND USE FOR HOYT Elk River City Council Meeting Page 12 June 19, 2000 PARTNERS. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Michele McPherson noted that staff is recommending that Parcel 3 be deleted from the zone change and land use amendments. COUNCILMEMBER FARBER MOVED TO AMEND THE MOTIONS MADE ON MARCH 20, 2000, AS FOLLOWS: AMEND ORDINANCE 00-4 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM BUSINESS PARK TO C3 (HIGHWAY pCOMMERCIAL) ADOPT ORDINANCE 00-04 AS AMENDED THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM BP(BUSINESS PARK) TO C3(HIGHWAY COMMERCIAL) CASE NO. ZC 00-2 AMEND RESOLUTION 00-17 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI(LIGHT INDUSTRIAL) AND CC(COMMUNITY COMMERCIAL) AND TO HB(HIGHWAY BUSINESS), CASE NO. LU 00-2 ADOPT RESOLUTION 00-17 AS AMENDED THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI(LIGHT INDUSTRIAL) AND CC(COMMUNITY COMMERCIAL) TO HB(HIGHWAY BUSINESS) CASE NO. LU 00-2. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The original motions pertaining to the ordinance amendment and land use amendment were approved as amended 4-0. 6.12. Request by Hoyt Partners LLP for Preliminary Plat (Elk Path Business Park), Public Hearing Case No. P 00-10 Senior Planner Scott Harlicker indicated that Hoyt Partners is requesting a preliminary plat of Elk Path Business Center located at the southeast corner of the intersection of Waco Street and Highway 10. Scott explained that Hoyt Partners is proposing to plat 127 acres into one lot and six outlots. Scott Harlicker reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the mah~er, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR ELK PATH BUSINESS PARK WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE lCTM AT THE TIME OF A FINAL PLAT BE PAID ON LOT 1, BLOCK 1, PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION REQUIREMENTS ON THE OUTLOTS ARE DUE WHEN THEY ARE PLAI'rED. Elk River City Council Meeting Page 13 June 19, 2000 SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID ON LOT 1, BLOCK 1, PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEES ON THE OUTLOTS ARE DUE WHEN THEY ARE PLATTED. THE WESTERN BOUNDARY OF OUTLOT F SHALL BE ADJUSTED SO IT CORRESPONDS WITH THE WESTERN BOUNDARY OF THE RIC ZONING DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.13. Request by Ron Wald for Ordinance Amendment to Allow Retail Sales as Accessory Use in Business Park Zonin.q District, Public Hearin.q Case No. OA 00-6 Director of Planning Michele McPherson indicated that Ron Wald is requesting to amend the business park district requirements to allow retail sales in a limited capacity. She indicated that the request is prompted by the potential relocation of the post office to the Mulvaney Point Business Park. She further indicated that the post office now includes a postal store within its. Michele McPherson reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Councilmember Motin indicated his concern regarding Item D, pertaining to signs. Following discussion by the council, Councilmember Motin suggested an amendment to Item D. The council concurred with Councilmember Motin's amendment. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 00-13 AMENDING SECTION 900.12(16) OF THE CITY CODE OF ORDINANCES, CASE NO. 00-6 WITH ITEM D TO READ AS FOLLOWS: Do NO SIGN IDENTIFYING OR PROMOTING THAT RETAIL SALES OCCUR WITHIN THE BUILDING SHALL BE VISIBLE FROM OUTSIDE THE BUILDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Staff Updates · City Administrator Pat Klaers noted that Jeff Gongoll has accepted the leadership position as president of the Elk River Area Chamber of Commerce. · City Administrator Pat Klaers indicated that a letter had been drafted to Sherburne County regarding the city's concerns about the cost sharing policy. · City Administrator Pat Klaers noted that a letter has been drafted to Susan Tisdale regarding the driveway access issues. · City Administrator Pat Klaers noted that an ad has been placed in the Elk River Star News indicating that the city is accepting proposals for the sale and removal of a house and shed located on the Deschenes property. Elk River City Council Meeting Page 14 June 19, 2000 · City Administrator Pat Klaers informed the council that the school board will be holding both of its meetings in the council chambers - one on the second Tuesday of the month and the other on the foudh Thursday of the month. · City Attorney Peter Beck informed the council that no effort has been made to remove the house on the Smith property located on Main Street. He advised the council that he will begin the legal paper work and will be proceeding with correcting the situation. · City Attorney Peter Beck informed the council that the city has continued its negotiations with Cargill relating to the east Elk River assessment and hoped to have a post settlement agreement prior to the 7/10/00 City Council meeting. He indicated that an executive session of the City Council will be held on July 10 to discuss this issue. 8. Other Business There was no other business. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 8:10 p,m. Sandra Peine City Clerk