06-21-2004 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JUNE 21, 2004
Members Present:
Members Absent:
Staff Present:
Also Present:
Mayor K3inzing, Councilmembers Dietz, Kuester, Motin, and Tveite
None
Finance Director Lori Johnson, Director of Planning Michele McPherson,
Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter
Beck, Director of Economic Development Catherine Mehelich, Recreation
Manager Michele Bergh, and Recording Secretary Tina Allard
Planning Commissioner Mark Pederson
Parks and Recreation Commissioner Duane Peterson
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~dinzing.
Consider 6/21/2004 Agenda
The following three items were added to the agenda:
3.8.
7.1.
7.2.
Consider Second Ditch Petition to Sherburne County
Worksession Meeting Discussion
Consider Hiring Second Information Technology Intern
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
Consider Consent Agenda
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1.
3.2.
3.3.
3.4.
6/7/04 COUNCIL MINUTES
CHECK REGISTER
CHANGE ORDERS AS OUTLINED IN THE STAFF REPORT
FIREWORKS LICENSE AND GENERAL PLANNING PERMIT TO
CONDUCT FIREWORKS SALES TO WASH N' FILL WITH THE
FOLLOWING CONDITIONS:
1. THE SALE OF FIREWORKS NEEDS TO BE AT LEAST 50-FEET
FROM ANY FUEL-DISPENSING STATION DISPENSERS.
2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
City Council Minutes
June 21, 2004
3.5.
3.6.
3.7.
3.8.
3.9.
Page 2
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC.
4. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS
AND KEPT IN AN ORDERLY CONDITION.
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
6. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE
END OF THE SALES PERIOD AND THE SITE BE RETURNED
TO ITS PREVIOUS CONDITION.
7. THE GENERAL PLANNING PERMIT IS VALID UNTIL
DECEMBER 31, 2004.
8. THE SALES TENT SHALL BE LOCATED IN THE
RECOMMENDED LOCATION AS INDICATED ON THE SITE
PLAN.
9. ONLY ONE ANCILLARY SALES ACTIVITY CAN OCCUR ON SITE
AT ANY TIME.
FIREWORKS LICENSE AND GENERAL PLANNING PERMIT TO
MARK LEADENS AND RANDY CONRAD BASED ON 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 SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS
AND KEPT IN AN ORDERLY CONDITION.
4. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
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.
6. THE GENERAL PLANNING PERMIT IS VALID UNTIL
DECEMBER 31, 2004.
FIREWORKS LICENSE FOR BEAUDRY CONVENIENCE
CONTINGENT UPON THE CITY RECEIVING THE PROPER
CERTIFICATE OF INSURANCE
FIREWORKS LICENSE AND TRANSIENT MERCHANT LICENSE
FOR TODD RENS
AUTHORIZE THE CITY TO SUBMIT PETITIONS FOR TWO DITCH
REPAIRS TO SHERBURNE COUNTY
PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT
MOTION CARRIED 5-0.
4. Open Mike
No one appeared for Open Mike.
City Council Minutes Page 3
June 21, 2004
5.1. Request by Northern Auto Services, Inc. for Conditional Use Permit/PUD Agreement to
Allow Auto Sales, Case No. CU 04-12 (Continued from May 17, 2004-Public Hearing
Closed)
Staff report by Senior Planner Scott Harlicker. Planner Chris Leeseberg presented. Mr.
Leeseberg stated that the applicant is requesting a conditional use permit (CUP) to allow for
the display sale of up to five automobiles. He provided an overview of the past history for
this item.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER MOTIN TO DENY THE CONDITIONAL USE PERMIT.
City Attorney Peter Beck suggested that this motion be continued in order for staff to
prepare findings for denial.
Councilmember Dietz stated that he is opposed to the CUP as he feels it is an inappropriate
use for the location and the CUP will block the site lines of the busy intersection.
Councilmember Motin stated granting the CUP would cause unsafe conditions in the area.
He is concerned about traffic slowing down and stopping on Dodge Avenue or 5th Street to
view or shop the automobiles. He stated that the use would be inappropriate located next to
the existing residential area.
Councilmember Tveite and Mayor Klinzing concurred. Mayor Klinzing stated the original
plat intended the subject portion of the property was to be a nice approach to the existing
business on the property.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO AMEND THE MOTION TO DENY THE
CONDITIONAL USE PERMIT BY CONTINUING THE MOTION TO THE
JULY 6, 2004 CITY COUNCIL MEETING IN ORDER TO PREPARE
FINDINGS FOR THE DENIAL. MOTION CARRIED 5-0.
5.2.
Consider Woodland Hills Plat Approval (,Continued from June 7, 2004-Public Hearing
Closed)
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
that at the June 7, 2004 meeting, staff had asked for clarification of Condition #24 (150'
buffer) that was part of the plat approval of Woodland Hills. She stated the Council made a
motion to reconsider the Woodland Hills plat at the June 7 meeting but continued the
motion to this meeting in order to receive more data on the history of Condition #24. Ms.
McPherson provided a history of Condition #24 and stated that the applicant could move
other lots around and effectively lose only one lot in this plat if the required buffer is
maintained.
Steve Yoch, attorney for applicant-Stated that the applicant is being treated differently than
other developers in the surrounding plats were treated. He stated that the applicant will lose
four prime lots. He asked that the Council consider the proposal that was emailed to city
staff by the applicant.
Scott Breuer, applicant-Provided an explanation of the revised concept he emailed to staff
showing a 100' buffer. His drawing shows three lots with conservation easements where
City Council Minutes Page 4
June 21, 2004
there would be no cutting or grading on these particular lots with the easement area. He
stated that each Councilmember interpreted Condition #24 differently at the previous
meeting.
Discussion was held on the park dedication calculations.
Marry Campion, engineer for applicant-Stated that the park dedications calculations on his
drawing were intended to demonstrate what he and the applicant thought was appropriate
for park dedication requirements.
Councilmember Dietz stated that he agrees with Condition #24 as it would cause minimal
impact to The Great Northern Trail.
Councilmember Tveite stated that Condition #24 was his original intent for the 150' buffer
line.
Councilmember Motin stated he thought 147' from the Trail view was all that was needed or
intended. He would like useable park area outside the conservation easement area. He liked
the applicant's proposal and felt that the 150' buffer should be from the bituminous trail. He
suggested measuring 103' from the bituminous trail property line.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY MAYOR
KLINZING TO RE-APPROVE THE WOODLAND HILLS 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.
o
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.
o
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.
o
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF THE PUBLIC
IMPROVEMENTS.
City Council Minutes
June 21, 2004
Page 5
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.
13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
14. ALL MAILBOXES BE CLUSTERED.
15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
16.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF
GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED
WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS
OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO
GRADING COMMENCING.
17.
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
City Council Minutes
June 21, 2004
22. OUTLOT C BE ELIMINATED.
Page 6
23. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO
DATED 5/12/04 SHALL BE ADDRESSED.
24. REQUIRE A 103-FOOT BUFFER FROM THE TRAIL PROPERTY LINE
AND ALLOW THE FINAL PLAT TO COME BACK WITH SOME
MINOR MODIFICATIONS:
A. THE 103-FOOT BUFFER BE MEASURED FROM THE
TRAIL PROPERTY LINE, NOT THE PHYSICAL TRAIL;
B. THE 103-FOOT BUFFER INCLUDES NO GRADING AND
NO REMOVAL OF TREES WITHIN THAT 150 FEET; AND
C. THE 103 FOOT BUFFER CAN END WITHIN THE YARDS
OF THE RESIDENTIAL LOTS LOCATED ADJACENT TO
THE GREAT NORTHERN TRAIL, BUT THE TREES
WITHIN THEM MUST BE PROTECTED FROM GRADING
AND REMOVAL.
MOTION FAILED 2-3. Councilmembers Dietz, Kuester, and Tveite opposed.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO RE-APPROVE THE WOODLAND HILLS
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.
o
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.
A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO
THE PLANS.
7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF THE PUBLIC
IMPROVEMENTS.
City Council Minutes
June 21, 2004
Page 7
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
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.
13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
14. ALL MAILBOXES BE CLUSTERED.
15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
16.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF
GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED
WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS
OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO
GRADING COMMENCING.
17.
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
City Council Minutes
June 21, 2004
22. OUTLOT C BE ELIMINATED.
Page 8
23. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO
DATED 5/12/04 SHALL BE ADDRESSED.
24.
REQUIRE A 150-FOOT BUFFER FROM THE TRAIL PROPERTY LINE
AND ALLOW THE FINAL PLAT TO COME BACK WITH SOME
MINOR MODIFICATIONS:
A. THE 150-FOOT BUFFER BE MEASURED FROM THE TRAIL
PROPERTY LINE, NOT THE PHYSICAL TRAIL;
B. THE 150-FOOT BUFFER INCLUDES NO GRADING AND NO
REMOVAL OF TREES WITHIN THAT 150 FEET; AND
C. THE 150 FOOT BUFFER CAN END WITHIN THE YARDS OF
THE RESIDENTIAL LOTS LOCATED ADJACENT TO THE
GREAT NORTHERN TRAIL, BUT THE TREES WITHIN
THEM MUST BE PROTECTED FROM GRADING AND
REMOVAL.
MOTION CARRIED 4-1. Councilmember Motin opposed.
5.3.
Request by Caryn Lundquist for Final Plat Approval (K & L Second Addition), Case No.
P 04-13
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
the applicant is requesting to final plat the north portion of K & L Addition slightly
different than originally proposed. She reviewed the differences
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04-49 GRANTING
FINAL PLAT APPROVAL FOR K & L ADDITION CASE NO. P 04-13 WITH
THE FOLLOWING CONDITIONS:
AN AGREEMENT BE DRAFTED AND RECORDED AGAINST THE
PROPERTIES ADJACENT TO THE 174TM AVENUE EXTENSION,
REQUIRING THEM TO PARTICIPATE IN THE COST OF SAID
EXTENSION.
2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. K & L ADDITION BE RECORDED PRIOR TO K & L SECOND
ADDITION BEING RECORDED.
MOTION CARRIED 5-0.
5.4.
Request by GSS Properties for Final Plat Approval (K/iever Lake Fields 2nd), Case No.
P 04-14
Staff report by Senior Planner Scott Harlicker. Chris Leeseberg presented. Mr. Leeseberg
stated the applicant is requesting final plat of Iadiever Lake Fields 2nd Addition. He provided
an overview of the project. He also requested that an extra condition regarding park
boundary signs be included in the resolution for approval.
City Council Nfinutes
June 21, 2004
Page 9
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-50 GRANTING
FINAL PLAT APPROVAL FOR KLIEVER LAKE FIELDS 2Nv ADDITION, CASE
NO. P 04-14 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.
o
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.
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 SHALL 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,
City Council Minutes
June 21, 2004
5.5.
Page 10
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. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS,
AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
16. OULOT A, KLIEVER LAKE FIELDS SHALL BE DEEDED TO THE
CITY FOR PARK PRIOR TO RELEASING THIS PLAT FOR
RECORDING. THE DEVELOPER SHALL BE RESPONSIBLE FOR
PROVIDING THE FINAL GRADE FOR THE PARK AND
ESTABLISHING VEGETATIVE COVER.
17. THE MAILBOXES SHALL BE CLUSTERED.
18. THE DEVELOPER SHALL PROVIDE SNOW STORAGE
EASEMENTS AROUND THE CUL DE SAC.
19. PARK BOUNDARY SIGN SHALL BE INSTALLED BY DEVELOPER
PER CITY'S REQUIREMENTS.
MOTION CARRIED 5-0.
Request by F, lk River Business Park, LLC for Administrative Subdivision, Public Hearing-
Case No. AS 04-04
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
the applicant is requesting an administrative subdivision to divide Lot 5, Block 1, Elk River
Business Park into two parcels. She discussed zoning and lot dimensions.
Mayor KJinzing opened the public hearing. There being no one to speak to this issue, Mayor
I43inzing closed the pubhc hearing.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER KUESTER TO APPROVE AN ADMINISTRATIVE
SUBDIVISION FOR LOT 5, BLOCK 1, ELK RIVER BUSINESS PARK WITH
THE FOLLOWING CONDITIONS:
1. DRAINAGE AND UTILITY EASEMENTS SHALL BE
GRANTED ALONG EITHER SIDE OF THE NEW LOT LINE.
2. THE REMNANT PARCEL SHALL BE COMBINED WITH LOT
4, BLOCK 1, ELK RIVER BUSINESS PARK.
3. THE ADMINISTRATIVE SUBDIVISION SHALL SHOW
LIMITED ACCESS ALONG THE EAST FRONTAGE OF LOT 5,
BLOCK 1 (ADJACENT TO TWIN LAKES ROAD).
MOTION CARRIED 5-0.
City Council Minutes
June 21, 2004
Page 11
5.6.
Request by Robert Bonin for Simple Plat, Public Hearing-Case No. P 04-12
Staff report by Senior Planner Scott Harlicker. Chris Leeseberg presented. Mr. Leeseberg
stated the applicant is requesting a simple plat to subdivide land into a 10 acre and a 30 acre
parcel. He discussed zoning, wetlands, and the Park and Recreation Commission's
recommendation.
Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor
I¥2inzing closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE THE SIMPLE PLAT
SUBDIVISION FOR ROBERT BONIN WITH THE FOLLOWING
CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL 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.
5.7.
MOTION CARRIED 5-0.
Request by Phoenix Enterprises, LLC for Easement Vacation, Public Hearing-Case No. EV
04-03
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
the applicant is requesting to vacate drainage and utility easements in Hillside Crossing
Second Addition. She stated that this is a standard housekeeping issue and once the final
plat for Menards Addition has been completed, new drainage and utility easements will be
dedicated to the city.
Mayor ICdinzing opened the public hearing.
Arthur Jackett, 19435 Dodge Street-Stated that Menards kept coming forth with
application requests to the city. He stated he is concerned that Menards will come forward
with a future request for road access onto Dodge Street.
He questioned the Council if they knew of other requests that Menards may have or are
planning. There was no response from Council.
Ms. McPherson stated that Menards has not come forward requesting access onto Dodge
Street. She stated they could bring the request forward in the future if they so choose. She
stated that if they did, there would be a public hearing and most likely staff would
recommend denial of the request.
City Council Minutes Page 12
June 21, 2004
Council directed staff to contact Menards and request that the plat limit access on Dodge
Street.
Mayor K3inzing closed the public hearing.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-51 FOR
VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS, CASE NO.
EV 04-03. MOTION CARRIED 5-0.
5.8.
Request by Scottish Rite Childhood Language Disorder Clinics of Minnesota, Inc. for
Variance to the Sign Ordinance, Public Hearing-Case No. V 04-04
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is
requesting a variance to allow a second freestanding sign to be located along County Road
12. He discussed zoning, Board of Adjustment action, and the five conditions the must be
met in order to obtain a variance. Mr. Leeseberg stated the applicant has not met three of
the conditions and staff recommends denial of the request.
Mayor Fdinzing opened the public hearing. There being no one to speak to this issue, Mayor
Kdinzing closed the pubic hearing.
Councilmember Kuester questioned if the applicant could install a neighborhood sign as the
area is confusing to navigate.
Councilmember Motin stated that a sign should not be allowed on County Road 12.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNClLMEMBER DIETZ TO DENY THE VARIANCE TO SCOTTISH RITE
CHILDHOOD LANGUAGE DISORDER CLINIC FOR A SECOND
FREESTANDING SIGN BASED ON THE FOLLOWING FINDINGS:
LITERAL ENFORCEMENT WOULD NOT CAUSE UNDUE
HARDSHIP, AS THE BUSINESS CAN PROVIDE ADVERTISING VIA A
WALL SIGN. IN THIS SPECIFIC CASE, LITERAL ENFORCEMENT
WILL NOT ALLOW ANY OF THE TENANTS OF THE PINES TOWN
OFFICE PARK ANY BUSINESS IDENTIFICATION IN THE FORM OF
A MONUMENT SIGN.
2. THIS PROPERTY FUNCTIONS THE SAME AS ANY MULTI-TENANT
AREA WHICH HAS ONE FREESTANDING SIGN.
3. OTHER PROPERTIES HAVE THE SAME SIGNAGE
OPPORTUNITIES AS THE APPLICANT.
MOTION CARRIED 5-0.
City Council ~vfinutes Page 13
June 21, 2004
5.9. Request by BMS Investments, LLC for a Conditional Use Permit for a Truck Terminal,
Pubhc Hearing-Case No. CU 04-14
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is
requesting a conditional use permit for a truck terminal. He discussed parking, access,
landscaping, building elevations, signage, and the Planning Commission recommendation.
Mayor Iadinzing opened the public hearing.
Bobby Peterson, Owner-Sated he was available to answer any questions. He stated that
Fire Inspector Cliff Anderson liked the idea of having access to all four corners of the
property provided by the two driveways.
Councilmember Motin questioned the type of trucks using the terminal and the frequency of
their traffic pattern. Mr. Peterson stated the trucks are lowboys and in the spring they would
be accessing the terminal twice a week and only occasionally during the winter.
Councilmember Kuester questioned garbage pickup and Mr. Peterson stated he would have
curbside collection.
Mayor Iadinzing closed the public hearing.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE
PERMIT FOR A TRUCK TERMINAL WITH THE TWO DRIVEWAYS WITH
THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
2. THE SIZE OF TREES SHALL COMPLY WITH THE
REQUIREMENTS IN THE ORDINANCE.
3. ALL SIGNAGE SHALL COMPLY WITH THE SIGN ORDINANCE.
4. ALL LANDSCAPED AREAS SHALL BE IRRIGATED.
THE EDGES OF THE TRUCK TERMINAL AREA SHALL BE
PERMANENTLY DEFINED WITH SOME FORM OF LANDSCAPE
PRODUCT THAT WILL NOT ALLOW FINE GRAVEL MATERIAL
TO WASH INTO THE PONDING AREA.
6. THE EXTERIOR BUILDING MATERIALS SHALL COMPLY WITH
THE ORDINANCE REQUIREMENTS.
IF MORE THAN 5 TRUCKS AND/OR 10 TRAILERS ARE TO BE
ON SITE, THE APPLICANT SHALL APPLY FOR AN
AMENDMENT TO THE CONDITIONAL USE PERMIT.
8. OUTDOOR STORAGE AREA SHALL BE A CLASS-V SURFACE.
MOTION CARRIED 5-0.
City Council Minutes Page 14
June 21, 2004
5.10. Request by STM Investments for Final Plat Approval Taco John's Addition, Case No. P 04-
Staff report by Senior Planner Scott Harlicker. Chris Leeseberg presented. Mr. Leeseberg
stated that the applicant is requesting to final plat the Taco John's Addition. He reviewed the
plat layout.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-52 GRANTING
FINAL PLAT APPROVAL FOR TACO JOHNS ADDITION, CASE NO. P 04-10
WITH THE FOLLOWING CONDITION:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
MOTION CARRIED 5-0.
5.11.
Request by STM Investment for Conditional Use Permit for Taco John's Restaurant and
Retail Facility at Home Depot Site, public Hearing-Case No. CU 04-16
Staff report by Senior Planner Scott Harlicker. Chris Leeseberg presented. Mr. Leeseberg
stated that the applicant is requesting a conditional use permit to construct a Taco John's
and a multi-tenant retail building. He discussed zoning, parking, ingress/egress, landscaping,
building elevations, and the Planning Commission recommendation.
Mayor Kflinzing opened the public hearing. There being no one to speak to this issue, Mayor
Kdinzing closed the pubic hearing.
Councilmember Kuester stated concerns regarding parking and ingress/egress.
Mark Pederson, Planning Commissioner stated the Planning Commission believed there to
be enough shared parking for all the businesses.
Ms. McPherson compared this plat as similar to the Culvers location.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE
PERMIT TO STM INVESTMENT WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
2. ALL TREES REMOVED SHALL BE REPLANTED ON SITE AND
SHOWN ON THE REVISED LANDSCAPE PLAN.
3. LANDSCAPING AROUND THE BUILDING SHALL BE INCLUDED IN
A REVISED LANDSCAPE PLAN.
MOTION CARRIED 5-0.
City Council Minutes Page 15
June 21, 2004
6.1. Consider On Sale, Sunday, and Off Sale Malt Liquor License for McCoy Restaurants, Inc.
dba McCoys Pub, Public Hearing
Finance Director Lori Johnson stated that the applicant is requesting liquor licenses for a
new establishment located at 651 Main Street.
Mayor Kdinzing opened the public hearing. There being no one to speak to this issue, Mayor
KAinzing closed the public hearing.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO GRANT AN ON SALE LIQUOR, SUNDAY
LIQUOR, AND OFF SALE MALT LIQUOR LICENSE TO MCCOY
RESTAURANTS, INC. CONTINGENT UPON THE CITY RECEIVING ALL
THE REQUIRED DOCUMENTS AND SUBJECT TO APPROVAL OF THE
PUBLIC SAFETY LIQUOR CONTROL DIVISION. MOTION CARRIED 5-0.
6.2.
Consider Approving an Ordinance ~o Amend Chapter 6 of the City Code, Alcoholic
Beverages; Section 6.52 and Section 6.94
Finance Director Lori Johnson stated that a local bar owner recently requested that the city
change its ordinance to allow liquor establishments to remain open until 2:00 a.m., as
allowed by state statute. She also staled that the city would like to include motor vehicle
service stations as being allowed to sell 3.2 percent malt liquor in the ordinance (this would
be a housekeeping issue as they are currently allowed to sell).
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 04-09 ALLOWING OFF
SALE 3.2 PERCENT MALT LIQUOR SALES IN CERTAIN RETAIL STORES
AND ALLOWING ON SALE INTOXICATING LIQUOR SALES UNTIL 2:00
A.M. BY AMENDING SECTIONS 6-52 AND 6-94 OF THE CITY CODE OF
ORDINANCES. MOTION CARRIED 5-0.
6.3.
Consider Resolution Approving Micro Loan Business Subsidy and Tax Rebate (Abatement)
Financing for Badger Ventures, LLC (Gradient Technology.) Project-Public Hearing
Director of Economic Development Catherine Mehelich provided background of the tax
abatement process that has been happening between the city and Badger Ventures, LLC.
She discussed the micro loan policy amendments as recommended by the Finance
Committee and approved by the EDA. She discussed concerns that city staff had regarding
bullet points 3a and 3b that were approved by the EDA and requested they be deleted.
Councilmember Motin stated that it wasn't intended that if collateral had to be divided up it
would have to be on a pro rated basis but was meant if the applicant were to get behind in
payments, the payments would be done on a pro rated basis and the bank would remain as
the priority to get the collateral.
Councilmember Tveite stated that bullet point 3b should remain as it will encourage the
applicant to meet the job goal requirements.
Ms. Mehelich reviewed the $100,000 business subsidy micro loan request along with the
terms approved by the EDA.
City Council Minutes Page 16
June 21, 2004
Mayor Kdinzing opened the public hearing on the proposed business subsidy involving the
$100,000 micro loan for Badger Ventures, LLC (Gradient Technology). There being no one
to speak to this issue, Mayor I~dinzing closed the public hearing.
Ms. Mehelich also reviewed the tax rebate financing request by Badger Ventures, LLC along
with the recommendations of the EDA.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER TVEITE TO ADOPT THE AMENDMENTS TO THE
MICRO LOAN POLICY AS OUTLINED IN THE STAFF REPORT WITH THE
FOLLOWING CHANGE TO BULLET POINT 3A:
IF BORROWER DEFAULTS ON THE LOAN, THE CITY WILL
COLLECT ALL FURTHER PAYMENTS DURING THE DEFAULT
BASED ON A PRO RATA BASIS WITH THE PARTICIPATING BANK
EXCLUDING THE DISTRIBUTION OF PROCEEDS RESULTING
FROM THE FORECLOSURE ON COLLATERAL.
MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER KUESTER TO APPROVE THE $100,000 MICRO LOAN
REQUEST FOR BADGER VENTURES, LLC WITH THE TERMS OUTLINED
IN THE STAFF REPORT. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-53 APPROVING
PROPERTY TAX ABATEMENTS FOR BADGER VENTURES LLC. MOTION
CARRIED 5-0.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04-54
AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS
SUBSIDY AGREEMENT FOR BADGER VENTURES LLC. MOTION CARRIED
5-0.
6.4.
Presentation of Comprehensive Annual Financial Report for Period Ended December 31,
2003
Finance Director Lori Johnson and Steve McDonald of Abdo, Eick, and Meyers presented
the 2003 Comprehensive Annual Financial Report (CAFR).
Mr. McDonald stated that this is the first year the city's report was written under GASB34.
Ms. Johnson and Mr. McDonald discussed the changes in the reporting format and
presented the highlights of the city's financial condition. He stated that there were no
reportable conditions or instances of non-compliance. He stated that the general fund is
within the range recommended by the Office of the State Auditor.
Ms. Johnson reviewed the special funds and the fire rel/ef association annual report.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO ACCEPT THE COMPREHENSIVE
City Council Minutes Page 17
June 21, 2004
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31,
2003. MOTION CARRIED 5-0.
The Council commended the Finance Department for the work on the CAFR.
6.5. Consider Personnel Committee Recommendation
Finance Director Lori Johnson stated that the job analysis questionnaires for the building
inspector positions have been completed and reviewed by both the employees and their
supervisor. She noted that the point values for these positions did not change. She stated
that the Committee is still completing work on the salary survey.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO ACCEPT THE POINT VALUES
OUTLINED IN THE STAFF REPORT FOR THE BUILDING INSPECTOR,
LEAD PLUMBING INSPECTOR, AND LEAD BUILDING INSPECTOR
POSITIONS AND TO DISCUSS THE SALARY SURVEY AT THE AUGUST 12
WORKSESSION MEETING. MOTION CARRIED 5-0.
6.6. Parks & Recreation Update
Recreation Manager Michele Bergh provided an update of city recreation activities.
Ms. Bergh stated she met with representatives from the Boys & Girls Club and that they are
interested in partnering with the Recreation Department. She stated she would be interested
in partnering on activities that are not already being offered by other organizations.
Councilmember Dietz stated the Boys & Girls Club is willing to come back with additional
ideas in which city funding could be used.
Councilmember Dietz requested a port-a-potty be installed at Lions Park during the summer
months so kids don't have to use the Boys & Girls Club or Lions Park Center. He stated he
received a call from the Club, and they had concerns regarding disrespect to members
visiting the Club and damage to their bathrooms.
Ms. Bergh stated that a port-a-potty is installed near the skate park and that the Street
Department is waiting for the asphalt project to be completed before bringing in another
one.
6.7. YMCA Update
Mayor I<]inzing provided an update of YMCA activities. She stated that the YMCA
continues to look for partners and to gain funding for programming.
6.8. Utilities Update
Councilmember Dietz provided an update of the Elk River Municipal Utilities Commission
meeting held on June 8, 2004.
City Council Minutes
June 21, 2004
7. Other Business
Page 18
Councilmember Kuester stated she would like to see time limit goals set for the Council
worksession agendas. She stated she would l~ke Council to have input as to what agenda
topics would be on the worksession agendas. She would like to see the worksession agenda
topics in advance. The Council concurred.
Councilrnember Motin stated he thought the worksessions would have a more informal
setting. The Council concurred.
Councilrnember Tveite suggested that at the f~rst Council meeting of the month there be an
agenda item for the following month's worksession topics. He suggested that staff provide a
list of discussion topics. The Council concurred and decided to begin this process with the
July 6, 2004 agenda.
Councilrnember Kuester stated she would like advanced notice of the topics already
scheduled for the July worksession and questioned when the comprehensive plan could be
discussed.
7.2.
Councilmember Motin stated that he would like to discuss the results of the HRA meeting
regarding affordable housing prior to the discussion on the comprehensive plan and noted
that it would not need a lot of time. He stated he would not be in attendance at the July 6
Council meeting.
The Council directed staff to add affordable housing and the comprehensive plan to the July
12 worksession agenda with the time limit goals to be established at the july 6 Council
meeting.
Finance Director Lori Johnson stated that the Information Technology (IT) department
recently hired a summer intern to help with many projects through the summer months but
there were two qualified applicants. She stated that there are enough funds and work in the
department that city staff would like to hire a second summer intern.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TYEITE TO AUTHORIZE THE HIRING OF A SECOND
IT SPECIALIST INTERN FOR THE SUMMER. MOTION CARRIED 5-0.
8. Staff Updates
There were no staff updates.
Adjournment
There being no further business, Mayor Iadinzing adjourned the meeting of the Elk River
City Council at 9:30 p.m.
City Council Nfinutes
June 21, 2004
Minutes prepared by Tina Allard
Page 19
Joan Schmidt
City Clerk