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07-19-2004 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 19, 2004 Members Present: Mayor Iadinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Iadaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Street Superintendent Phil Hals, Police Chief Jeff Beahen, Fire Chief Bruce West, Recreation Manager Michele Bergh, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Planning Commissioner Brad Stevens and Mark Pederson Parks & Recreation Commissioner Jim Nystrom 1. 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 Kdinzing. 2. Consider 7/19/2004 Agenda Councilmember Tveite added a Fair Update and Councilmember Kuester added a Kelley Farm Update to Other Business. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda Councilmember Dietz stated that under Item 3.4., Pay Estimates, he would like to withhold payment to I4xaus Anderson as there are many outstanding items that have not been completed for the City Hall building project. Councilmember Motin and Councilmember Kuester requested changes to the July 12, 2004 City Council minutes. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 7/6/04 COUNCIL MINUTES 7/12/04 COUNCIL MINUTES WITH CHANGES CHECK REGISTER CHANGE ORDERS Ci~ Council Minutes July 19, 2004 3.4. 3.5. 3.6. Page 2 PAY ESTIMATES WITH THE EXCEPTION OF PAYMENT TO KRAUS ANDERSON FOR INCOMPLETE WORK ON NUMEROUS ITEMS REQUEST BY COMMONWEAL DEVELOPMENT FOR PRELIMINARY PLAT (CARSON BUSINESS PARK), PUBLIC HEARING-CASE NO. P 04- 11, POSTPONED TO AUGUST 16, 2004 MEETING ADOPT LIBRARY AGREEMENT BETWEEN THE CITY OF ELK RIVER AND THE GREAT RIVER REGIONAL LIBRARY HIRE KANDI NASH AND FRAN WALLACE AS PART TIME CLEANERS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Open Mike Joel Larson, 10528 175th Street-Stated he submitted a letter to the Council requesting that certain property be included in the Urban Service District with the adoption of the Comprehensive Plan. 4.1. Northstar Access Presentation of Public Safety Donation Mr. Eddy, Eddy Foundation-Introduced Mark Jacobson with Northstar Access and stated they are presenting a donation to the public safety departments as they appreciate all the work these departments do in the community. Mr. Jacobson presented a $1,000 donation to the Fire Department and a $2,000 donation to the Police Department. The Council, police chief, and fire chief thanked the presenters for their donation. 5.1. Elk River Fire Relief Association Finance Director Lori Johnson stated the Fire Relief Association is requesting an increase in the per year of service pension to $4,000 for 2005. She stated that there is no municipal contribution required in 2005 based on $4,000 per year. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE A PER YEAR OF SERVICE BENEFIT LEVEL TO $4,000 FOR 2005 AND TO AUTHORIZE PAYMENT OF $24,800 FOR THE 2004 PENSION CONTRIBUTION. MOTION CARRIED 5-0. 5.2. Consider Award of Sealcoat Bid Street Superintendent Phil Hals discussed the streets that are slated to be sealcoated in 2004 for the annual sealcoating program. He presented the bid amounts from the two contractors and recommended awarding the bid to Allied Blacktop. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04-56 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COAT IMPROVEMENT OF 2004. MOTION CARRIED 5-0. 5.3. WWTP Digester Cover Project Update City Administrator Pat I~daers stated that Howard R. Green Company believes the replacement of the WWTP Digester Cover project should be moved ahead by one month City Council ~finutes Page 3 July 19, 2004 due to problems with the existing cover shifting. He stated the cost for sludge removal and disposal during construction is $35,000 at the landfill and $45,000 at the Met Council. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE DISPOSAL OF SLUDGE USING THE LANDFILL OPTION. MOTION CARRIED 5-0. 5.4. Consider Resolution Providing for the Sale of $940,000 Electric Revenue Bonds, Series 2004A Finance Director Lori Johnson stated Elk River Municipal Utilities requested the city to issue Electric Revenue Bonds for electric system improvements, as the consortium is not prepared to issue bonds at this time. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-57 PROVIDING FOR THE SALE OF $940,000 ELECTRIC REVENUE BONDS, SERIES 2004A. MOTION CARRIED 5-0. 6.1. Request by Lafayette Woods Homeowners Association for Variance to Allow 2na Development Sign, Public Hearing-Case No. V 04-05 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a variance to the sign ordinance to allow for a second development sign. He reviewed the five conditions that must be met in order to grant a variance and stated the applicant does not meet these conditions. Mayor I~dinzing opened the public hearing. Anthony Traverse, 19370 Upland Street-Stated that other developments don't need more signs as they don't have two separate main entrances off of busy streets. He stated that Trout Brook development has two entrances and a sign at each entrance. Councilmember Dietz questioned why Trout Brook has more than one development identification sign and Mr. Harlicker stated the Trout Brook development was zoned Planned Unit Development and the signs were approved as part of the project. John Gahl, 12502 194th Lane-Stated the sign would be visible from County Road 1. He stated people have trouble locating the unsigned entrance to the development and felt that it would be safer to have a sign marking the entrance. Mayor Kflinzing closed the public hearing. Councilmember Kuester stated the ordinance should be changed to allow more than one development identification sign under the condition that there is more than one major entrance into a development. Councilmember Tveite and Motin concurred. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO DENY THE VARIANCE REQUEST TO ALLOW A SECOND DEVELOPMENT SIGN BASED ON THE FINDINGS City Council Minutes Page 4 Jul3, 19, 2004 LISTED BELOW AND DIRECTED STAFF TO BEGIN THE PROCESS TO CHANGE THE ORDINANCE TO ALLOW MORE THAN ONE DEVELOPMENT IDENTIFICATION SIGN BASED ON THE DEVELOPMENT MEETING SPECIFIC CRITERIA: LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT CAUSE UNDUE HARDSHIP. THE EXISTING SIGN ON 196TM STREET IS VISIBLE FROM PROCTOR ROAD. THIS PROPOSED SIGN WOULD NOT BE VISIBLE FROM COUNTY ROAD 1. A VISITOR WOULD ALREADY BE IN THE DEVELOPMENT TO SEE THE SIGN. THIS DEVELOPMENT IS SIMILAR TO OTHER NEARBY DEVELOPMENTS, NORDIC WOODS AND OAK HILLS WHICH HAVE JUST ONE DEVELOPMENT SIGN. THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES. 0 THE LITERAL APPLICATION OF THIS ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THIS AREA. OTHER DEVELOPMENTS IN THE AREA HAVE ONE DEVELOPMENT SIGN OR NO DEVELOPMENT SIGN. 4. THERE ARE NO SPECIAL CIRCUMSTANCES UNIQUE TO THIS PROPERTY 5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. MOTION CARRIED 5-0. 6.2. 6.3. Request by Ryan Development, Inc. for a Rezoning of Certain Property, from Rlc (Single Family Residential) to PUD ,(Planned Unit Development,), Public Hearing-Case No. ZC 04-05 Request by Ryan Development, Inc. for Preliminary Plat Approval (.Trout Brook Estates), Public Hearing-Case No. P 04-08 Request by Ryan Development, Inc. for a Conditional Use Permit for Residential PUD (Trout Brook Estates), Public Hearing-Case No. CU 04-11 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting a zone change, a preliminary plat, and a conditional use permit in order to develop 148 single family homes. She discussed existing conditions, transportation, wetlands, park dedication, landscaping, and the Planning Commission's recommendation. Ms. McPherson stated the developer would be required to realign Tyler Street on the north side of County Road 13 with possible city assistance through eminent domain. Mayor IClinzing opened the public hearing for the zone change, the preliminary plat, and the conditional use permit. Dennis Griswold, Ryan Contracting, Inc.-Stated the Outlot A buffer along the adjacent existing residents is part of Phase 2 and it would be over a year before it was developed. He stated during this time he would be able to meet with the residents to see if they want to City Council Minutes Page 5 July 19, 2004 develop their property. He stated he would like to keep Street C at its present location in the preliminary plat in case of future development to the west. Mr. Griswold stated if the cul-de-sac has to be extended as a street, then he would like to be able to add six lots to offset the cost of the street and utilities construction. He stated it would also help to lower the costs on all proposed lots. Mr. Griswold stated he would be happy to try and realign Tyler Street but that if the property owners are not willing to sell property for the realignment, then he is concerned about the timeframe of the eminent domain process affecting the completion of his plat. Mayor IClinzing closed the public hearing for all items. Mayor Kflinzing questioned the 10' buffer of Outlot A. She stated the county's letter indicated the county would like the existing residents to access their properties from an interior road and the county may close access to the county road for these properties in the future. Mr. Griswold stated he would like to keep the footage on the west side to accommodate future development. He stated the original buffer to the existing residents would have been the street. He also stated the buffer would help to blend the contours of the land; which would otherwise be difficult as they cannot trespass onto the existing resident's property. Mr. Griswold stated the buffer would also allow landscape screening from Street C to the existing neighbors. Mayor IClinzing stated the county's letter is requiring the Ertel property to have an internal access into Trout Brook Estates. She questioned if the county could remove the Ertel's driveway permit from County Road 13. She stated the access to the property on the preliminary plat does not look good because of the way it comes to a point on Street A and would like a condition added stating that adequate access is needed. Ms. McPherson stated the county is trying to plan for long term redevelopment. She stated Ryan Contracting has indicated they would give right-of-way access to the city for the Ertel property. She stated if the county were to revoke the driveway permit to the Ertel's, then the Ertel's would have to be compensated. Councilmember Kuester asked for a description of the parkland (Outlot K and I). Ms. McPherson stated Outlot K has a couple of high points but is mostly a Type 7 or 8 wetland. She stated Outlot I is for pedestrian connections to Outlot K. She stated approximately 5.9 acres is available for useable park space (not including wetland and detention ponds). Councilmember Motin stated concerns regarding the size of the lots. He is concerned the houses will be too large for the lots. He also questioned if it is possible to extend Becket Trail over Ditch 1. He stated if the extension is not possible he would like a condition added that the developer has to also remove the six additional lots. Ms. McPherson stated the lots won't look small due to the public wetlands located behind them. City Council Minutes Page 6 July 19, 2004 Councilmember Kuester stated she would like to see the extension of Becker Trail as it would save street maintenance costs, garbage hauling costs, and drive time for citizens. Councilmembers Tveite and Motin concurred. Councilmember Tveite questioned if Outlot A could be given as right-of-way to the existing residents. Ms. McPherson stated it would be more appropriate to give the land to the city as street right-of-way. Councilmember Motin disclosed that he is the attorney for the Ertels but has not worked on any property issues for them within Elk River. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORDINANCE 04-10 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM RID SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT BASED ON THE FOLLOWING FINDINGS: 1. THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND USE OF MEDIUM DENSITY RESIDENTIAL. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PRELIMINARY PLAT FOR TROUT BROOK ESTATES BASED ON 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 A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. Ciw Council Nfinutes Page 7 July 19, 2004 5. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. THE SITE BE ASSESSED FOR TRUNK SEWER AND WATER AT THE 2004 RATE OF $6,955.21 AND THIS REQUIREMENT BE INCLUDED IN THE DEVELOPERS AGREEMENT. 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. o 10. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED JUNE 16, 2004 SHALL BE ADDRESSED. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 11. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 12. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 13. THE CITY ENGINEER'S COMMENTS OF JUNE 17, 2004 BE INCORPORATED INTO THE PLANS. 14. 188TM LANE SHALL BE EXTENDED THROUGH OUTLOT I TO THE EASTERLY EDGE OF THE PLAT AND THE DEVELOPER SHALL PAY THEIR FAIR SHARE OF THE CROSSING OF TROTT BROOK. 15. THE STREET NAMES SHALL BE REVISED AS INDICATED. 16. OUTLOT A SHALL BE PROVIDED AS RIGHT OF WAY OR SHALL BE DIVIDED AND COMBINED WITH LOT 3, BLOCK 1, LOT 1, BLOCK 2 AND STREET C TO AVOID CREATING A SPITE STRIP. 17. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 18. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council Minutes July 19, 2004 Page 8 20. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 21. ALL MAILBOXES BE CLUSTERED. 22. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 23. 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 THE FENCING PRIOR TO GRADING COMMENCING. 24. 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 CI.TY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 25. OUTLOT I SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMWATER PONDS LOCATED IN OUTLOT I. IF THE LAND AREA OF OUTLOT I DOES NOT MEET THE ORDINANCE REQUIREMENTS, THE REMAINDER SHALL BE MET WITH CASH DEDICATION. 26. THE DEVELOPER SHALL CONSTRUCT, AT NO COST TO THE CITY THE TRAILS, RETAINING WALLS, AND WETLAND CROSSING LOCATED IN OUTLOT I. 27. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS. 28. IF BECKER TRAIL CANNOT BE EXTENDED DUE TO ENVIRONMENTAL CONCERNS THEN THE PRELIMINARY PLAT MUST REFLECT THE ORIGINAL PROPOSED PRELIMINARY PLAT DATED MARCH 29, 2004, WITH A CUL-DE-SAC AND SIX FEW LOTS. 29. DEVELOPER MUST PROVIDE ADEQUATE ACCESS TO ERTEL PROPERTY FROM STREET A. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE CONDITIONAL USE PERMIT FOR TROUT BROOK ESTATES WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 9 July 19, 2004 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. THE SITE BE ASSESSED FOR TRUNK SEWER AND WATER AT THE 2004 RATE OF $6,955.21 AND THIS REQUIREMENT BE INCLUDED IN THE DEVELOPERS AGREEMENT. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o 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. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED JUNE 16, 2004 SHALL BE ADDRESSED. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 11. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 12. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 13. THE CITY ENGINEER'S COMMENTS OF JUNE 17, 2004 BE INCORPORATED INTO THE PLANS. 14. 188TM LANE SHALL BE EXTENDED THROUGH OUTLOT I TO THE EASTERLY EDGE OF THE PLAT AND THE DEVELOPER SHALL PAY THEIR FAIR SHARE OF THE CROSSING OF TROTT BROOK. City Council ,Minutes July 19, 2004 Page 10 15. THE STREET NAMES SHALL BE REVISED AS INDICATED. 16. OUTLOT A SHALL BE PROVIDED AS RIGHT OF WAY OR SHALL BE DIVIDED AND COMBINED WITH LOT 3, BLOCK 1, LOT 1, BLOCK 2 AND STREET C TO AVOID CREATING A SPITE STRIP. 17. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 18. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 20. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 21. ALL MAILBOXES BE CLUSTERED. 22. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 23. 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 THE FENCING PRIOR TO GRADING COMMENCING. 24. 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. 25. OUTLOT I SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMWATER PONDS LOCATED IN OUTLOT I. IF THE LAND AREA OF OUTLOT I DOES NOT MEET THE ORDINANCE REQUIREMENTS, THE REMAINDER SHALL BE MET WITH CASH DEDICATION. 26. THE DEVELOPER SHALL CONSTRUCT, AT NO COST TO THE CITY THE TRAILS, RETAINING WALLS, AND WETLAND CROSSING LOCATED IN OUTLOT I. 27. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS. City, Council Minutes July 19, 2004 6.5. 6.6. Page 11 28. IF BECKER TRAIL CANNOT BE EXTENDED DUE TO ENVIRONMENTAL CONCERNS THEN THE PRELIMINARY PLAT MUST REFLECT THE ORIGINAL PROPOSED PRELIMINARY PLAT DATED MARCH 29, 2004, WITH A CUL-DE-SAC AND SIX FEW LOTS. 29. DEVELOPER MUST PROVIDE ADEQUATE ACCESS TO ERTEL PROPERTY FROM STREET A. MOTION CARRIED 5-0. Request by PlanScape Partners for Ordinance Amendment to Business Park Zoning District Conditional Use Permit Section, Public Hearing-Case No. OA 04-01 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting an ordinance amendment to allow motor vehicle repairs shops as a conditional use in the Business Park District. He discussed the Planning Commission and Economic Development Authority recommendations. Mayor KAinzing opened the public hearing. Ron Fiscus, Planscape Partners-Provided a history of Abra Auto Body. Mayor Iadinzing closed the public hearing. Councilmember Tveite stated auto repair shops are not consistent with Business Park uses. Councilmember Motin concurred and stated the city should not keep changing the ordinance to fit applicant requests. Mr. Fiscus stated that Abra is frequently located in Business Park areas of cities. He stated their facility is unique to other auto shops in that they need a much larger space. He suggested a minimum building size as one of the conditions that must be met. Mayor I<2inzing stated that she felt a minimum building size would address concerns the Council had about the "quick lube" facilities. She suggested 18,000 square feet as a size. Ms. McPherson stated the applicant would have to meet the Business Park requirements regarding size, building materials, etc. She offered a minimum building size of 15,000 square feet. The Council concurred. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORDINANCE 04-11 AMENDING SECTION 30-1294 - BUSINESS PARK DISTRICT OF THE CITY CODE OF ORDINANCES. MOTION CARRIED 4-1. Councilrnember Tveite opposed. Request by Vanney Associates, Inc. for Conditional Use Permit for Expansion of Existing Fitness Facility,, Public Hearing-Case No. CU 04-17 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit for an expansion to The Gym. He discussed zoning, building dimensions and layout, and the Planning Commission's recommendation. City Council ~J_inutes Page 12 July 19, 2004 6.7. 6.8. Mayor Ia-flinzing opened the public hearing. Bob Vanney, representing Marcus Corporation-Stated he is available for any questions. Mayor Ia-flinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE A CONDITIONAL USE PERMIT FOR AN ADDITION TO THE GYM WITH THE FOLLOWING CONDITION: 1. THE ENTIRE CONCRETE SLAB BE REMOVED AND THE AREA NOT COVERED BY THE ADDITION SHALL BE LANDSCAPED. MOTION CARRIED 5-0. Request by Guardian Angels for Conditional Use Permit for Parking Lot Expansions, Public Hearing-Case No. CU 04-18 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a conditional use permit for two parking lot expansions. He discussed zoning, existing site conditions, and the Planning Commission's recommendation. Mayor Ia-flinzing opened the public hearing. Mike Trossen, representing the applicant-Stated he is available for any questions. Mayor Iadinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A CONDITIONAL USE PERMIT TO GUARDIAN ANGELS FOR A PARKING LOT EXPANSION. MOTION CARRIED 5-0. Request by West Oaks of Elk River (G. Sanford) for Final Plat Approval ,(West Oaks Second Addition), Case No. P 04-15 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting final plat of West Oaks 2nd Addition. He discussed zoning, street/lot layout, and park dedication requirements. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-58 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. City Council Minutes July 19, 2004 Page 13 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. 5. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 6. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 7. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 8. 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. 10. 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. 11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL MAILBOXES BE CLUSTERED. 16. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. 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 City Council Minutes Page 14 July 19, 2004 GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. 18. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 19. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. 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. 21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT. 22. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR CONTRIBUTION TOWARDS THE COST OF THE WACO STREET IMPROVEMENTS. MOTION CARRIED 5-0. 6.10. Consider Approval of Woodland Hills Plat Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant has revised his preliminary plat for Woodland Hills per Council direction and is seeking Council approval on the amended plat. The lots meet the dimensional requirements of the Rlc District. Scott Breuer, Scott Breuer Homes-Stated he realigned the road in order to create the 150' no cut area along railroad trail. Marty Campion, Engineer-Stated that Lot 8 extends slightly into the no cut area. He stated he is requesting 20' front yard setbacks for Lots 8-22 of Block 5. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AMENDED PRELIMINARY PLAT FOR WOODLAND HILLS INCLUDING 20' FRONT YARD SETBACKS ON LOTS 8-22, BLOCK 5. MOTION CARRIED 5-0. The Council took a five minute break at 9:30 p.m. 6.9. Consider Comprehensive Plan Approval Director of Planning Michele McPherson discussed the land use changes the Council agreed on at their last meeting as noted in the staff report. City Council Minutes Page 15 July 19, 2004 Linda $chmeling, 18753 Cleveland Street-Stated she would like certain property located on the east side of County Road 40 to be included in the urban service district. She stated she would like to develop this property and donate land to the School District for an elementary school. Dr. Alan Jenson, Elk River District #728 School Superintendent-Stated the property east of County Road 40 would be a good location for an elementary school due to the growth in east Elk River. He stated the District has done some preliminary work on the property and would like to begin construction as soon as possible before construction costs increase. Ed Dulak, Dellwoood Minnesota-Provided a handout of the proposed development for this property. He stated he would be willing to have the development project phase in as late as 2010. He stated he would have approximately 500 single family residential units on 260 acres. Lot sizes would be between 8,000-11,000 sq. ft. Councilmember Motin stated there are some communication concerns between the developer and the property owner. He stated this property should be a large lot development. He stated he considers 14,000 sq. ft. to be minimum lot size in a large lot urban development. Councilmember Motin stated there has been confusion on the number of lots being proposed. He stated he has heard 150 to 500 single family homes. Mr. Dulak stated he considers 12,000 sq. ft. to be a large single family lot in a sewer and water development. Councilmember Tveite stated he is willing to go with a smaller lot size because this proposed development would not be very dense due to the wetlands. He stated he calculated the development would most likely have less than 250 single family residential units. Councilmember Dietz questioned what the developer's intentions were for park dedication fees. Mr. Dulak stated city staff indicated that some consideration for a reduction in the standard requirements could be discussed by the Parks and Recreation Commission based on the donation of land to the School District. Councilmember Dietz questioned Dr. Jenson as to whether the District is still looking for other possible sites for schools. He is concerned about the School District asking the city to include 500 homes into the Urban Service District which is going to bring in more kids and fall most of the new school. He stated past school boards have been critical of cities for adding developments and growth. Dr. Jenson stated that the District is not afraid of growth but is expecting it and the Elk River School District is projected to be the fastest growing District in the state for the next 20 years. Dr. Jenson stated the new school would be completed by 2006 but the developer wouldn't begin until later. Councilmember Tveite stated the Council heard if they don't take action on this item within 60-90 days, then the School District will build in Otsego. He stated he would like to see a school built in east Elk River. Dr. Jenson stated that what the Council heard was not true but he can't predict what the School Board will do. City Council Minutes July 19, 2004 Page 16 Mark Pederson, Planning Commission-Stated it was the consensus of the Planning Commission to not expand the urban service district to this property. The Commission believed the School District could find other sites within the urban service district. Speaking as a resident, Mr. Pederson stated he believed the city was being threatened into including this property in the Urban Service District and that the proposed development would bring more kids in to fill the new school. Mayor Kflinzing suggested that the phasing in of development north of County Road 33 that is scheduled for 2005 should begin July 1, 2005. She suggested January 1 for the years 2008 and 2010 phasing in the timeline. Councilmember Kuester questioned how the Commercial Reserve area would be zoned. Ms. McPherson stated the city would have to work with the attorney to determine interim use standards for those areas. Councilmember Dietz questioned if the property south of 175th Avenue at Polk Street was going to be included in the Urban Service District. Ms. McPherson stated the property is guided for high density residential but it would not be included in the Urban Service District until the Council wanted to include it. Councilmember Motin stated a school is needed in east Elk River and he could agree to approving a large lot urban development east of County Road 40. The Council asked Commissioner Pederson if the Planning Commission would like to review the Comprehensive Plan and have the public comment on it one more time. Mr. Pederson stated that there have not been many significant changes since the last review and comment period and didn't feel it was necessary. The Council concurred. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE LAND USE MAP AND TEXT CHANGES AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE ADDITIONAL FUNDS NOT TO EXCEED $2,000 TO HAVE THE CONSULTANT COMPLETE THE TEXT CHANGES. MOTION CARRIED 5-0. 7.1. Utilities Update Councilmember Dietz provided an update of the July 6, 2004 Utilities Commission meeting. He stated that the maintenance of the signals along Highway 10 is the responsibility of the city and a decision should be made on how to handle maintenance and cost issues. He also stated that the Utilities Commission and the City Council are overdue for a joint meeting. City Council Minutes July 19, 2004 7.2. NCDA Update Page 17 Scott Harlicker provided an update of the June 24, 2004 Northstar Development Corridor Association. Councilmember Kuester provided an update of activities at the federal level. 7.3. Parks & Recreation Update Michele McPherson provided an update of the Parks and Recreation Commission meeting held on July 14, 2004. Michele Bergh provided an update of Recreation activities. 7.4. HRA Update Councilmember Motin provided an update of the June 30, 2004 Housing and Redevelopment Authority meeting and on the worksession for visioning north of Highway 10. Councilmember Dietz stated he has received comments from citizens asking why the city ran Arrow Building Center out of town. Councilmember Motin stated that the HRA was willing to work with Arrow but that they moved out of Elk River because they didn't have enough space at their present location. Mayor Klinzing stated that she liked the map in the staff report that shows the desired land uses. She stated that she is glad to see the HRA moving forward with other projects. 8. Other Business 8.1. Sherburne County Fair Update Councilmember Tveite provided an update of the 2004 Sherburne County Fair held July 15 through July 18. He thanked the Fire Department, the Street Department, the Police Department, and Elk River Municipal Utilities for all their volunteer efforts and support. Kelley Farm Update Councilrnember Kuester stated that the Kelley Farm received a grant along with the full match to the grant due to the work of Friends of the Kelley Farm. She stated that an anonymous donor contributed quite a bit to help with the match grant. School Discussion Councilmember Dietz stated he would like to see the Council be proactive in helping the School District find a location for an elementary school within the urban service district. He suggested some type of trade off with park dedication fees and smaller lot sizes. He stated the School District may go to Otsego first but eventually they will have to find land to build a school in east Elk River. Councilmember Tveite stated that the developer shouldn't lose residential units because they are giving property to the School District. City Council Minutes Page 18 July 19, 2004 Councilmember Motin stated that there are not a lot of large parcels left in east Elk River to accommodate the needs of the school. He stated the school is looking for free land and is not willing to pay full value for any parcels that become available. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, Mayor K2inzing adjourned the meeting of the Elk River City Council at 10:20 p.m. Minutes prepared by Tina Allard Joan Schmidt City Clerk