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08-16-2004 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 16, 2004 Members Present: Members Absent: Staff Present: Also Present: Mayor K2mzmg, Councilmembers Dietz, Kuester, Motto, and Tveite None City Administrator Pat K2aers, Finance Director Lori Johnson, Fire Chief Bruce West, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry, Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, Building and Environmental Administrator Stephen Rohlf, Environmental Assistant Rebecca Haug, and Recording Secretary Jessica Miller Planning Commissioners Anderson, Lemke, and Ropp Parks and Recreation Commissioner Niziolek 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 Ia-dinzing. Consider 8/16/2004 Agenda Councilmember Tveite added the *Vindsor Oak Hill issue under Other Business. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED $-0. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 3.4. 3,5. CHECK REGISTER CHANGE ORDERS PAY ESTIMATES REQUEST BY COMMONWEAL DEVELOPMENT CORPORATION FOR PRELIMINARY PLAT (CARSON BUSINESS PARK), PUBLIC HEARING- CASE NO. P 04-11- TABLED TO SEPTEMBER 20, 2004 MEETING REQUEST BY ORRIN THOMPSON HOMES FOR ZONE CHANGE FROM RID TO PUD FOR RESIDENTIAL PLANNED UNIT DEVELOPMENT (MISKE PROPERTY), PUBLIC HEARING CASENO. ZC 04-06.POSTPONED TO SEPTEMBER 20, 2004 City Council MLqutes Page 2 August 16, 2004 3.6. REQUEST BY ORRIN THOMPSON HOMES FOR PRELIMINARY PLAT APPROVAL OF RIVER PARK (MISKE PROPERTY), PUBLIC HEARING -CASE NO. P 04-09-POSTPONED TO SEPTEMBER 20~ 2004 3.7. REQUEST BY ORRIN THOMPSON HOMES FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PLANNED UNIT DEVELOPMENT (MISKE PROPERTY), PUBLIC HEARING CASE NO. CU 04-15 POSTPONED TO SEPTEMBER 20, 2004 3.8. APPOINTMENT OF COUNCIL LIAISONS TO BOARDS AND COMMISSIONS 3.9. CALL SPECIAL MEETING WITH UTILITIES COMMISSION 3.10. REQUEST FOR TEMPORARY ON SALE LIQUOR LICENSE BY ELK RIVER LIONS 3.11. SUBORDINATE DITCH AGREEMENT FOR SHERBURNE COUNTY DITCH #28 3.12. POLICE DEPARTMENT REQUEST TO MAKE TENTATIVE JOB OFFER MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Fire Chief Brace West Presentation on August 25, 2004 Emergency Preparedness Drill Fire Chief Bruce West stated that a full-scale exercise is scheduled for Wednesday, August 25, 2004. He stated that this will be the city's third full-scale exercise in slx years. Chief West indicated that there are many objectives and goals of this exercise, but the main one is to tram the emergency personnel to respond as they would in a real incident. Councilmember Dietz questioned what ~vould happen if a real £~re or emergency occurs during the drill. Chief West stated that the police and f~re would break away from the drill but noted that surrounding communities' emergency personnel have been put on notice for that day. Councilmember Dietz also questioned if the city is proactive in emergency preparedness compared to other cities. Chief West stated that Elk River is very proactive as this is our third drill in six years and most cities complete drills once every four years. He noted that he has received a tremendous amount of assistance in drill preparation from the Police Department and that city staff is very cooperative with the exercises. 5.2. Insurance Renewal Mary Eberley of First National Insurance presented the Council with the League of Minnesota Cities Insurance Trust (LMCIT) insurance renewal information. Ms. Eberley stated that the city's rate increased about 8% from last year due to additional city property, additional vehicles, and claim history. Ms. Eberley presented the Council with different coverage and deductible options. Finance Director Lori Johnson indicated that the Council has not had much time to review the insurance renewal information as it was received late Friday by staff and mailed to the Councilmembers. Ms. Johnson suggested that the Council take additional time to consider City Council MSnutes August t 6, 2004 the options before making a decision on the renewal. She indicated that staff would be prepared to make recommendations on the options at the September 7, 2004 meeting. Page 3 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE RENEWAL OF THE CITY'S PROPERTY/CASUALTY INSURANCE POLICY WITH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AS PRESENTED WITH THE OPTIONS TO BE CONSIDERED AT A LATER DATE. MOTION CARRIED 5.3. Letter of Support to ~vFPCA Grant for Joint Powers Agreement Environmental Assistant Rebecca Haug stated that as part of the National Pollution Discharge Elimination System (NPDES) program, the Minnesota Pollution Control Agency (MPCA) is seeking to partner with approximately 10 local governments in a t~vo-year pilot project that will assist the MPCA in performing construction stormwater management tasks. Ms. Haug stated that the partners will be chosen based upon areas that are experiencing high growth and development and have impaired or special waters within their jurisdiction that may be impacted by construction activities. She noted that the Elk River and Lake Orono were classified as impaired ~vaters and the Nfississippi River is classified as special water. She stated that there are three models to this project and that the city can apply for all three but can only be accepted for one. She stated that the city will apply for all three and hopefully be chosen for one. Ms. Haug indicated that staff is asking for a letter of support to partner with the MPCA to enter into the two-year pilot project. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A LETTER OF SUPPORT TO ENTER INTO A TWO-YEAR PILOT PROJECT WITH THE MINNESOTA POLLUTION CONTROL AGENCY TO PERFORM CONSTRUCTION STORMWATER MANAGEMENT TASKS. MOTION CARRIED 5-0. 6.1. Request by PlanScape Partners for Administrative Subdivision (The Pines Town Office Park Ad&don) Public Hearing-Case No. AS 04-05 Staff report submitted by Planner Chris Leeseberg. Senior Planner Scott Harlicker presented. Nh:. Harlicker stated that the applicant is requesting an Administrative Subdivision for Oudot A of The Pines Town Office Park 3~a to create a buildable lot and for approval to construct a motor vehicle repair shop (ABRA) on that lot. The final plat will create Lot 1, Block 1 of the Pines Town Office Park 3~d and a remnant Oufiot A. He noted that grading, drainage, and utility issues are addressed in the City Engineer's memo dated July 31, 2004. Mayor IClinzing opened the public hearing. Ron Fiscus of PlanScape Partners, applicant, stated that all issues discussed with staff have been addressed. Mayor Klinzing closed the public hearing. Councilmember Tveite questioned if park dedication fees have been paid on this property. Director of Planning Michele McPherson stated that the fees were paid in full when the original plat for the property was approved. City Council iV[mutes August 16, 2004 Page 4 MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN FOR APPROVAL OF THE REQUEST BY PLANSCAPE PARTNERS FOR AN ADMINISTRATIVE SUBDIVISION FOR THE PINES TOWN OFFICE PARK 3R~, CASE NO. AS 04-05, WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MOTION CARRIED 5-0. 6.2. Request bv PlanScape Partners for Conditional Use Permit for Auto Body Repair Shop, Public Hearing-Case No. CU 04-19 Staff report submitted by Planner Chris Leeseberg. Presented by Senior Planner Scott Harhcker. Mr. Harlicker indicated that on July 19, 2004, the City Council approved an ordinance amendment to allow Motor Vehicle Repair Shops as a Conditional Use in the Business Park zoning district. He stated that this amendment includes slx performance standards, including minimum building size which the proposed building exceeds. Nh:. Harlicker discussed parking and circulation, landscaping, and the standards for issuance of a Conditional Use Permit. He noted that grading, drainage, and utility issues are addressed in the City Engineer's memo dated July 14, 2004. Mayor Ydinzing opened the public hearing. Ron Fiscus of PlanScape Partners, applicant, stated that he was pleased to work with city staff and the Planning Commission on project restrictions and issues. He noted that the landscaping requirements have been exceeded for this project. Mayor IQ_inzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER FOR APPROVAL OF THE REQUEST BY PLANSCAPE PARTNERS TO CONSTRUCT A MOTOR VEHICLE REPAIR SHOP (ABRA), CASE NO. CU 04-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. IF THERE IS TO BE AN EXPANSION OF THE EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ALL REPAIR SERVICES SHALL BE CONDUCTED INSIDE THE BUILDING. 4. MERCHANDISE SHALL BE STORED INSIDE THE BUILDING. ALL DAMAGED VEHICLES STORED ON THE PREMISES SHALL BE STORED WITHIN AN AREA WHICH IS SCREENED BY A 6 (SIX) FOOT HIGH 100% OPAQUE FENCE CONSTRUCTED OF FACTORY FINISHED METAL OR VINYL MATERIAL. 6. NO SALES OR DISPLAY OF MERCHANDISE OUTSIDE THE BUILDING. City Council NImutes August 16, 2004 MOTION CARRIED 5-0. Page 5 6.3. Request by TLM Land Holdings, LLC for Preliminary. Plat ,(Belmont Estates), Public Hearing-Case No. P 04-17 Staff report submitted by Planner Chris Leeseberg. Senior Planner Scott Harlicker presented. Mr. Harlicker stated that the applicant is requesting preliminary plat approval to subdivide a 14-acre parcel located south of County Road 12 at the NLxon Street alignment into 32 single-family lots. Mr. Harlicker stated that the applicant has revised the plat slightly from what was approved by the Planning Commission. The applicant will be purchasing additional land and is proposing three additional lots which do not require variances. Mr. Harlicker reviewed park dedication, access and circulation, and landscaping issues. He noted that grading, drainage, and utility issues are addressed in the City Engineer's memo dated July 22, 2004. Staff and the Planning Commission recommend approval of the request with the conditions outlined in the staff report. City Engineer Terry Maurer indicated that he and Planner Chris Leeseberg met with the developer after the Planning Commission meeting and there is an issue that they have agreed to disagree on. Mr. Maurer stated that staff's recommendation was for the developer to be required to continue NLxon Circle to the south boundary of the plat. Nix. Maurer noted that the Planning Commission concurred with this recommendation. Mayor Iadinzing opened the public hearing. Mark Schneider, TLM Land Holdings, LLC, applicant, indicated that he would like the Council to reconsider requiring NLxon Circle to be platted to the south boundary of the plat. He stated that staffhas indicated to him that potential access to the adjacent property to the south may also be provided from a development to the east. Mx. Schneider stated that a power pole may prevent the extension of Nixon Street. Mr. Maurer stated that staff requests that NLxon Circle be platted as a through street so if the adjacent Brown property develops the option for access to that property via Nixon Circle is available. Councilmember Motto questioned if Olson Circle could be platted as a cul-de-sac rather than NLxon Circle. NLr. Schneider indicated that the lots do not lay out well with Olson Circle as a cul-de-sac. Councilmember Tveite stated that he understands the developer's point but that it seems sensible to have Nixon Circle become the through street. Nix. Maurer noted that if Council recommends that Nixon Circle be extended, staff would need to verify the cost effectiveness of that project. Mayor Kflinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE REQUEST BY TLM LAND HOLDINGS, LLC FOR PRELIMINARY PLAT APPROVAL FOR BELMONT ESTATES, CASE NO P 04-17, WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 6 August 16, 2004 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. PARK DEDICATION SHALL BE IN CASH FOR 32 LOTS AND SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o THE PLAT SHALL COMPLY WITH THE R1-C SETBACK REQUIREMENTS. A LANDSCAPE PLAN SHALL BE PROVIDED THAT MEETS THE ORDINANCE REQUIREMENTS. NIXON CIRCLE SHALL BE PLATTED TO THE SOUTH BOUNDARY OF THE PLAT. MOTION CARRIED 5-0. 6.4. It was the consensus of the Council that they preferred NLxon Circle be platted to the South boundary of the plat if feasible. Consider Environmental Assessment Worksheet, River Park Building and Environmental Administrator Stephen Rohlf stated that the plat for River Park has been tabled but because of timing requirements, the Environmental Assessment Worksheet (EAW) must be presented to the Council. He indicated that the EAW will be valid for the property if the plat comes to the Council as presented or with fewer lots and no new environmental impacts. Environmental Assistant Rebecca Haug reviewed the EAW for River Park. She explained that the purpose of the EAW was to describe the project and gather information to identify any potential environmental effects. Ms. Haug stated that the only comment received was from the Anoka County I-t2ghway Department as presented in her staff report. Ms. Haug stated that staff believes the EAW adequately reflects the project and the potential environmental effects. She indicated that staff recommends a negative declaration on the need for an Environmental Impact Study (EIS). City Attorney Peter Beck noted that it would be rare for an EIS to be necessary as very few are done in the state each year. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBE'R TVEITE TO DECLARE THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) ADEQUATE AND APPROVE A City Council Minutes Page 7 August 16, 2004 NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STUDY (EIS) FOR THE RIVER PARK PLAT. MOTION CARRIED 5-0. 6.5. Consider Wetland Conservation Act Decision for River Park, WCA 04-09 Building and Environmental Administrator Stephen Rohlf stated that the developer of River Park is proposing to impact 49,269.70 square feet of Type 2 wetland in 3 locations to accommodate roads for the plat. Mr. Rohlf reviewed the findings of the Wetland Delineation Report as prepared by Schoell and Madson, Inc. Mr. Rohlf indicated that the plat has been tabled but the report prepared will be sufficient as long as the plat comes back for approval with the same wetland impacts and locations. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE FILLING AND MITIGATION PLAN FOR THE RIVER PARK DEVELOPMENT WITH THE FOLLOWING CONDITIONS: A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE MITIGATION AND BUFFER AREAS. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION WORK. THE DEVELOPER 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. A FIFTEEN FOOT BUFFER STRIP OF NATURAL PRAIRIE VEGETATION IS ADDED AROUND THE WETLAND IN OUTLOT G WITH SIGNAGE INDICATING THAT IT IS NOT TO BE MOWED. FURTHER, OUTLOT G SHALL REMAIN IN THE OWNERSHIP OF THE HOMEOWNERS ASSOCIATION FOR THE PLAT. 6. THAT THE US ARMY CORPS OF ENGINEERS ACCEPT THE WETLAND DELINEATION FOR THE PLAT. DNR AND US ARMY CORPS OF ENGINEERS APPROVAL OF THE WETLAND RESTORATION IN THE FLOODPLAIN LOCATED IN THE SOUTHWEST CORNER OF THE PLAT. MOTION CARRIED 5-0. City Council Minutes Page 8 August 16, 2004 6.6. Request by Ryan Development, Inc. for Final Plat Approval (Trout Brook Estates), Case No. P 04-08 Director of Planning Michele McPherson stated that the applicant is requesting f'mal plat approval for Trout Brook Estates. Ms. McPherson discussed changes in the final plat as presented in her staff report. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 04-62 GRANTING FINAL PLAT APPROVAL TO RYAN CONTRACTING FOR TROUT BROOK ESTATES, CASE NO. P 04-08 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. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED 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. 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. 7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 10. 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. City Council Minutes August 16, 2004 12. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. Page 9 13. THE CITY ENGINEER'S COMMENTS OF JUNE 17 AND AUGUST 2, 2004 BE INCORPORATED INTO THE PLANS. 14. 18ffTM 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. (COMPLETED) 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. City Council Minutes Page 10 August 16, 2004 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 THE ERTEL PROPERTY FROM STREET A. 30. FUTURE PHASES OF THE DEVELOPMENT SHALL BE DEPENDENT UPON THE REALIGNMENT OF TYLER STREET NORTH OF COUNTY ROAD 13. MOTION CARRIED 5-0. City Engineer Terry Maurer noted that until Tyler Street is realigned, the developer is required to build a temporary access road that lines up with Tyler Street where it currendy exists. 6.7. Request by S&A Family Investments. LLP for Final Plat Approval of Woodland Hills, Case No. P04-02 Senior Planner Scott Harlicker stated that the applicant is requesting final plat approval for Phase I of Woodland Hills. Mr. Harlicker reviewed the final plat reformation. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 04-63 GRANTING FINAL PLAT APPROVAL TO S & A FAMILY INVESTMENTS FOR WOODLAND HILLS, CASE NO. P 04-02 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. 5. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. City Council Minutes August 16, 2004 Page 11 6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 8. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 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 ACCESSIBILTY 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. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPREESION PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE REMOVAL. City Council l'vhnutes August 16, 2004 Page 12 6.8. 6.9. 20. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED 5/12/04 SHALL BE ADDRESSED. MOTION CARRIED 5-0. Consider Approval of Comprehensive Plan Director of Planning Michele McPherson stated that per the Council's direction on July 19, 2004, the land use map has been revised to reflect the phasing plan for land uses north of County Road 33, the additional commercial land along the east I-hghway 10 corridor and the commercial reserve areas along east Highway 10 and east of Highway 169, north of the 210th alignment. She indicated that the major changes to the document text are in the Land Use and Utility Chapters. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE RESOLUTION 04-64 ADOPTING THE CITY OF ELK RIVER 2004 COMPREHENSIVE PLAN. MOTION CARRIED 5-0. It was noted that the resolution approving the Comprehensive Plan passed unanimously. Consider Approval of Transportation Plan Director of Planning Nhchele McPherson reviewed the draft Executive Summary of the Transportation Plan with the Council. She stated that once the plan is approved, the plan will be published and work on Council priorities will begin. Mayor Khnzing stated that in the memo from Anoka County Highway Department in response to the River Park EAW, it states that the city should be aware that in the Anoka County 2015 Transportation Plan it states that Anoka County State Aid Highway 22 is proposed to be turned back to the State of Minnesota and this will make CR22 a state highway. The memo states that this should be considered as part of any future plans as the corridor continues west into Sherburne County. She indicated that she would like a dialogue to begin between the city and Sherbume County as to what the future plans are for CR22 as the city works with ~vhat M2'q/Dot has planned. City Engineer Terry Maurer stated that once the plan is approved, implementation strategies for transportation issues that will impact both the County and the city will be discussed. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE RESOLUTION 04-65 ADOPTING THE CITY OF ELK RIVER TRANSPORTATION PLAN. MOTION CARRIED 5-O. It was noted that the resolution approving the Transportation Plan was passed unanimously. Mayor Fdinzing thanked the people who worked on the Comprehensive Plan for all their time and input. City Council Minutes Page 13 August 16, 2004 6.10. Consider Ordering Boundary. and Topo~aphic Survey for the Street Department Property. and the Library. Property. Director of Planning Michele McPherson indicated that the Planning staff has been working with the City Adrmnistrator, Librarian, and Street Superintendent to master plan the Library and Public Works facility future expansions. She stated that additional detailed site information is now required to continue this work. Ms. McPherson stated that in order to complete accurate concept and develop parking and storm pond plans, topographic and boundary surveys are needed by staff. She stated that the City Engineer has submitted a proposal not to exceed $7,300 to complete a boundary and topographic survey for the Library. Ms. McPherson indicated that the Street Department has identified the need for a new salt storage facility, a tempered storage building, and a building addition. She stated that in order to construct these additions, a Conditional Use Permit will be required and accurate site information is necessary. She noted that wetlands must be located and delineated. She stated that the City Engineer has submitted a proposal to complete a boundary and topographic survey and wetland delineation for a sum not to exceed $17,300. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO AUTHORIZE THE BOUNDARY AND TOPOGRAPHIC SURVEYS FOR THE LIBRARY AND PUBLIC WORKS FACILITIES AND WETLANDS DELINEATION FOR THE PUBLIC WORKS FACILITY USING LIBRARY AND STREET RESERVES RESPECTIVELY. MOTION CARRIED 5-0. 6.11. Discussion Regarding Three-Lane Striping of Gates/Freeport Avenues from Main Street to Jackson Avenue City Engineer Terry Maurer stated that he has discussed the re-striping of Gates Avenue and Freeport Street from Main Street to Jackson Road with Street Superintendent Phil Hals and they believe both roads would operate more efficiently if they were re-striped into a three- lane configuration with the center lane being a left-turn lane for both directions. Mr. Maurer stated that the city currently has two roads that are striped in the three lane configuration and both segments have operated very efficiently since being re-striped in that manner. Mr. Maurer stated that Police Chief Jeff Beahen is supportive of the re-striping. Mr. Maurer indicated that this re-striping would eliminate the on-street parking lane at the south end of Gates but it has been staff's observation that these parking lanes are seldom utilized. Councilmember Tveite questioned if there is any education involved in getting people used to the new three-lane configurations. Mr. Maurer stated that since the two other roads currendy striped with three-lanes are mare roads, most citizens that drive in town are now used to this configuration. Councilmember Dietz questioned if there would be any issues with the residential homes that are located on Gates Avenue. He questioned if a letter should be sent to those homeowners informing them that the road is being re-striped with the three-lane configuration. ~M_r. Maurer stated that staff could send a letter if the Council desires. He noted that the re-striping needs to be completed soon and so it may be completed prior to the homeowners receiving the letter. City Council Minutes Page 14 August 16, 2004 Councilmember Motin stated that his office is located on Main Street and the biggest complaint that he has heard about the three-lane configuration on that street is regarding lack of parking. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE FOR APPROVAL OF GATES AVENUE AND FREEPORT STREET FROM MAIN STREET TO JACKSON ROAD TO BE RE- STRIPED IN THE THREE-LANE CONFIGURATION AND FOR STAFF TO SEND LETTERS TO THE AFFECTED HOMEOWNERS ON GATES AVENUE. MOTION CARRIED 5-0. 6.12 Consider Quotes for 221st Avenue City Engineer Terry Maurer stated that per Council direction, staff solicited quotations from three contractors for the paving of the gravel portion of 221st Avenue. Mr. Maurer stated that staff is recommending that the contract be awarded to Universal Enterprises of NfSd- Minnesota, Inc. in the amount of $39,610.00 as they presented the lowest quote. Councilmember Tveite stated that this is a unique situation and he is in favor of the city paying for 221~t Avenue to be paved for the following reasons: 221~t Avenue is between a State Highway and a major County Road and at least 1/3 of the road is paved on either side of the gravel portion. About 25% of the frontage of the road is a city park; therefore, the city ~vould end up being assessed for a large portion of the project. In the past, the city has assessed based on the property owner benefiting from the project and in this case, a number of the property owners would receive no added benefit because their property is not being developed; therefore, they would not be assessed and by the time the property is developed based on the Comprehensive Plan it would be too late to justify assessing them. Councilmember Dietz stated that he believes that the benefiting property owners should have to pay some portion of the paving project. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PAVING OF 221s~r AVENUE BECAUSE OF THE REASONS STATED ABOVE AND TO AWARD THE PAVING CONTRACT TO UNIVERSAL ENTERPRISES OF MID- MINNESOTA, INC. MOTION CARRIED 4-1. CounciLmember Dietz opposed. 6.13. Update on City/County Engineering Meeting City Engineer Terry Maurer reviewed the draft minutes from the City of Elk River/Sherburne County Engineering meeting held Tuesday, July 27, 2004. Mr. Maurer stated that the major topic of discussion was the potential turnback of County Road 40 from county jurisdiction to city jurisdiction. He stated that all those present at the meeting agreed in concept that it makes more sense for the road to be under city jurisdiction because of the current and future development in that area. Mr. Maurer stated that he is working on the next step which is to prepare an estimate of what the improvements will cost and how the cost will be split between the city and the county. He stated that he will provide this to County Engineer David Schwarting once completed. Mr. Maurer indicated that there City, Council Minutes Page 15 August 16, 2004 is a Federal grant involved and it requires that the right-of-way be under the city or county's jurisdiction by April 15, 2006. Councilmember Kuester stated that County Road 40 is a major project. Because of the timing concern and importance of the project to both the county and the city, this road needs to be addressed before other project can be considered. Councilmember Tveite stated that he believes this may be the city's key short-term transportation issue and that something needs to be done with it as we would hate to see the Federal grant go away. He also discussed the benefits of CR 40 being a city street. Mayor I~dinzing questioned what the major sticking point is in the CR 40 discussions. Mr. Maurer stated that the main concern is cost and reviewed the cost issues. 7.1. Boys & Girls Club Discussion Councilmember Kuester stated that she has had discussions with Lana Huberty from the Boys and Girls Club and with Parks and Recreation Director Bill Maertz regarding what programs are offered by the Boys and Girls Club and how do they differ from programs offered by the city Parks and Recreation Department. She reviewed the programs as presented in the staff report. Boys and Girls Club representative Lana Huberty presented information on programs, program schedules, and new fee information. Ms. Huberty handed out flyers explaining new programs and schedules. Parks and Recreation Director Bill Maertz indicated that the programs were reviewed by staff and the Youth in Community program is a need that is not currently being filled by the Parks and Recreation Department and the Boys and Girls Club would be a good place for that need to be met. He stated that this program targets I~ndergarten through sLxth graders, which is an important market as they need more after school activities. Councilmember Kuester stated that the main difference bet~veen the Boys and Girls Club and the Parks and Recreation Department is that the Boys and Girls Club is a drop-in center whereas the Parks and Recreation programs are scheduled programs. City, Administrator Pat I~aers stated that in the 2005 draft budget, there is $12,000 in landfill abatement funds for Boys and Girls Club programs. He stated that the city could provide information to the Boys and Girls Club about acceptable projects for use of this money and that the Club would have to prepare reports to ensure the money is being spent correcdy. Mr. K2aers stated that there is also $24,000 as a new expenditure in the general fund for programming. He stated that this is something that would have to be considered along with the Recreation budget. Mr. I~aers indicated that staff would have to work with Boys and Girls Club representatives to put together some sort of reporting system that would identify the number of programs, number of attendees, and the assets being developed in the programs to make sure that the money is being spent in the manner the city envisions and to avoid duplications of Recreation and Community Education programs. Mr. Klaers noted that the city's annual gym rental contract of $15,000 with the Boys and Girls Club expires at the end of 2005. It was the consensus of the Council to direct staff to leave funding in the 2005 draft budget for the Boys and Girls Club as presented above, it was also the consensus of the Council to City Council Minutes August 16, 2004 7.2. 7.3. 7.4. 7.5. 7.6. Page 16 try this funding to the Boys and Girls Club for one year and review it when the 2006 budget is discussed. Mr. I4Aaers noted that the 2005 budget will not be official until after the Truth in Taxation hearing and the budget is approved in December. Utilities Update City Administrator Pat I~daers provided the Council with an update from the August 10, 2004 Utilities Commission meeting. Mr. Klaers reviewed items that will be discussed at the August 25, 2004 joint City Council and Utilities Commission meedng. NCDA Update Senior Planner Scott Harticker provided an update on the August 5, 2004 NCDA meeting. Parks & Recreation Update Director of Planning Michele McPherson provided an update on the August 11, 2004 Parks and Recreation Commission meeting. Parks and Recreation Director Bill Maertz provided an update on Recreation activities. HRA Update Councilmember Mot_in provided an update on the August 2, 2004 Housing and Redevelopment Authority meeting. Mayor and Council Wages City Administrator Pat Ktaers stated that per Council direction on August 9, staff provided information regarding other cities' Mayor and Council wages. He stated that the last time the Mayor and Counc/1 wages were adjusted was in 1995 and agrees that a wage adjustment is appropriate. Councilmember Modn stated that it may be appropriate to review the wages more often, possibly yearly. Mr. Klaers indicated that Mayor and Council wages can only be modified once every two years. Council_member Tveite noted that each Councilmember being appointed to an additional board or commission as a Council liaison adds one more meeting a month for each member. Mayor IQznzing questioned if a per diem pay would be more appropriate. She noted that she serves on many boards and commission on behalf of the city. Councilmember Dietz stated that the Mayor's pay should be higher because they do attend more meetings than the other Councilmembers. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE ORDINANCE 04-12 AMENDING SECTION 2-32 SALARIES OF MAYOR AND COUNCILMEMBERS AND APPROVING THE FOLLOWING WAGE INCREASES FOR THE MAYOR AND COUNCILMEMBERS: City Council Minutes August 16, 2004 Page 17 MAYOR - $10,000 PER YEAR ACTING MAYOR - $7,500 PER YEAR REMAINING COUNCILMEMBERS - $7,000 PER YEAR MOTION CARRIED 5-0. Other Business Windsor Oak Hill Issue Councilmember Tveite indicated that he received information from a citizen that a condition requiring a 20-foot side yard setback that was in the preliminary plat for X,Vindsor Oak Hill was not carried forward to the f-mai plat. He stated that because of this, the house foundation is meeting only the minimum 5-foot side yard setback requirement. Councilmember Tveite stated that he did some research and spoke to the builder and the builder agreed to move the foundation as long as the city pays for it, which would be quite costly. Director of Planning Michele McPherson stated that it was an oversight by staff that the condition was left out of the final plat. City Attorney Peter Beck stated that the condition was not a condition of final plat approval; therefore, the condition is not there and cannot be enforced. Mr. Beck noted that the city is currendy in litigation with the adjoining neighbor of this property and so he suggested that staff contact the attorney handling that case. Ms. McPherson stated that she spoke to the League of Minnesota Cities Attorney about this issue. Mr. Beck suggested that the city wait for the attorney's advice before addressing this issue. Ms. McPherson indicated that she will forward that information to the Council when she receives it. Staff Updates Director of Planning Michele McPherson distributed revised concept plans for the Holzem property. She stated that the developers have requested to meet with staff and asked the Council to review the plans and nodfy staff of any comments that they will in turn pass on to the developer. Ms. McPherson distributed the most current copy of the River Park site plan. She stated that the Planning Commission recommended denial of this plat due to their concern regarding traffic impacts. She stated that the developer requested this item be postponed to the September 20, 2004 Council meeting. Ms. McPherson stated that she has no indication of how the developer will proceed. She stated that staff is asking for general Council feedback and direction to be passed on to the developer prior to the September 20 Council meeting. Councilmember Kuester questioned what the thoughts of the Planning Commissioners were in regards to the design of the plat. Ms. McPherson stated that the Planning Commission did not comment too much on the plat design, but rather on transportation issues. City Council Minutes Page 18 August 16, 2004 City Administrator Pat Klaers stated that this plat is in the Urban Service District and so transportation issues should have been addressed in the Comprehensive Plan. Councilmember Tveite indicated that he believes the proposal is too dense. He stated that he is not opposed to townhomes but would like to see less of them. He also stated that he would lLke to see some of the home sites replaced with land for a school. Councilmember Motin questioned how much land would be allowed under park dedication. Ms. McPherson stated that the two parks shown total approx/rnately 9-10 acres and the city would be allowed to obtain up to 22 acres for park dedication. Councilmember Dietz questioned if the city can use park dedication land for a school site. City Attorney Peter Beck stated that it should not be a problem but noted that since the developer is required to dedicate land to the city, it would ultimately be the city donating the land to the school and not the developer. Mayor K2mzing stated that she would rather see smaller single-family lots rather than townhomes on this property as she is concerned with the number of townhomes in Elk River. Ms. McPherson stated that she will forward the Council comments to the developer. 10. Adjournment There being no further business, Mayor Iadmzing adjourned the meeting of the Elk River City Council at 10:20 p.m. Minutes prepared byJessica Miller. Joan Schmidt City Clerk