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10-18-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 18,2004 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter Beck, Building and Environmental Administrator Steve Rohlf, Parks and Recreation Director Bill Maertz, and Recording Secretary Tina Allard Also Present: Planning Commissioner Howard Ropp Parks and Recreation Commissioner Dawn Polston-Hark 1. Call Meeting- To Order Pursuant to due call and notice thereof, the October 18, 2004, meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider 10/18/2004 Agenda Mayor Klinzing added additional Change Orders to Other Business. Building and Environmental Administrator Steve Rohlf added two staff updates after Item 5.3. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Ag-enda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES . 10/04/04 . 10/11/04 CHECK REGISTER CHANGE ORDERS AS OUTLINED IN THE STAFF REPORT PAY ESTIMATES AS OUTLINED IN STAFF REPORT RESOLUTION 04-79 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2004 DEFER ASSESSMENT FORJUDYTH KATZNER, 2004 STREET OVERLAY, 75-503-0410 3.2. 3.3. 3.4. 3.5.A. 3.5.B. City Council Minutes October 18, 2004 Page 2 ----------------------------- 3.6. RESOLUTION 04-80 ACKNOWLEDGING CONTRIBUTION TO THE CITY OF ELK RIVER 3.7. REQUEST BY RIVERSIDE PROPERTIES OF ELK RIVER, LLC FOR LAND USE MAP AMENDMENT TO CHANGE LAND USE FROM CB (CENTRAL BUSINESS) TO MR (MEDIUM DENSITY RESIDENTIAL), CASE NO. LU 04-03-POSTPONED TO 11/15/04 3.8. REQUEST BY RIVERSIDE PROPERTIES OF ELK RIVER, LLC FOR REZONING FROM C2 (OFFICE DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING-CASE NO. ZC 04-07- POSTPONED TO 11/15/04 3.9. REQUEST BY RIVERSIDE PROPERTIES OF ELK RIVER, LLC FOR PRELIMINARY PLAT APPROVAL GACKSON AVENUE VILLAS), CASE NO. P 04-16-POSTPONED TO 11/15/04 3.10. REQUEST BY COMMONWEAL DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL (CARSON BUSINESS PARK), PUBLIC HEARING- CASE NO. P 04-11-POSTPONED TO 11/15/04 3.11. ACCEPT SETTLEMENT AGREEMENT BETWEEN HALP AUS AND THE CITY OF ELK RIVER 3.12. PROCLAMATION TO PROCLAIM NOVEMBER 2, 2004 AS ELECTION JUDGE DAY MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Request bv Phoenix Entetprises for Vacation of Drainage and Utilit:y Easements Public Hearing-Case No. EV 04-04 5.2. Request by Phoenix Enterprises for Conditional Use Permit for Professional Medical Building Public Heaing-Case No. CU 04-27 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated die applicant is requesting to vacate a portion of a drainage and utility easement located on Lot 2, Block 2, Hillside Crossing. He further stated the applicant is requesting a Conditional Use Permit to construct a medical professional building at this site. He discussed access, parking, building elevations, landscaping, signage, and d1e Planning Commission's recommendation. Mayor l<1inzing opened the public hearing for the Easement Vacation and the Conditional Use Permit. Douglas Mathison, 19346 Dodge Street-Stated he was told the wooden fence located behind Coborns would be extended. Mayor Klinzing stated there has been no indication of this fence extension. Rich Hardy, 19383 Dodge Street-Stated concerns regarding traffic in the area. Mayor l<1inzing closed the public hearing for both items. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-81 FOR VACATING City Council1.1inutes October 18, 2004 Page 3 ----------------------------- STREET, DRAINAGE, AND UTILITY EASEMENTS, CASE NO. 04-04 WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MOTION CARRIED 5-0. ------------------------- MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT BY PHOENIX ENTERPRISES TO CONSTRUCT A MEDICAL BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. CROSS ACCESS AND PARKING AGREEMENTS ARE RECORDED BETWEEN THIS PROPERTY AND COBORNS. 3. THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME MATERIALS AS THE BUILDING. 4. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. 5. SIGNAGE SHALL COMPLY WITH THE HILLSIDE CROSSING PUD AGREEMENT. MOTION CARRIED 5-0. -------------------------- Mayor Klinzing asked Ron Touchette to come forward and speak to the Council regarding YMCA news. Ron Touchette. YMCA Boardmember-Stated the Northstar YMCA has selected the site (of 2 offered by the city) by Home Depot for their location. He stated it was the best site due to its size and usability. He also discussed YMCA partnerships and programming efforts. 5.3. Request by Rich Schulz IR&D Sales) for Easement Vacation Public Hearing--Case No. EV 04-05 Building and Environmental Administrator Stephen Rohlf submitted the staff report. Mr. Rohlf stated Richard Schulz is requesting to vacate a portion of a utility easement on Lot 2, Block 1, of Elk River Plaza Third Addition because an air conditioning unit was installed in the utility easement. He stated there is no other location for the air conditioning unit to be relocated other than on the roof, which would cause significant alterations to the existing building. Mr. Rohlf stated the adjacent property owner (Dolphin Carwash) will allow a new easement to be located on his property. Mayor Klinzing opened the public heating. There being no one to speak to this issue, Mayor Klinzing closed the public heating. City Councill'vlinutes October 18, 2004 Page 4 ----------------------------- Councilmember Dietz questioned how this situation happened and if this is something an inspector or the applicant should have caught. He also questioned of there is a way to stop this from happening again in the future. Mr. Rohlf stated that the ultimate responsibility is on the property owner to know where the easements are located. He stated that it is a rare occurrence for this type of situation to happen. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04.82 FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS, CASE NO. EV 04-05 WITH THE FOLLOWING CONDITIONS: 1. MR. SCHULZ PROVIDE THE CITY THE APPROPRIATE DOCUMENTATION (WITH SIGNATURES) TO RECORD A NEW EASEMENT AS DESCRIBED IN THE EXHIBIT PREPARED BY JOHN OLIVER AND ASSOCIATES. 2. MR. SCHULTZ SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE RELOCATION OF ALL UTILITIES, DUE TO MOVING THE EASEMENT. 3. THE NEW EASEMENT SHALL BE DEDICATED AND ALL UTILITIES BE RELOCATED PRIOR TO THE VACATION BEING LEGITIMIZED AND RECORDED. MOTION CARRIED 5.0. s.3.A. New NPDES Permits and Inspections Mr. Rohlf stated that with the new rules for NPDES permits, many contractors are not complying so staff will stop construction on job sites until the NPDES requirements are met. s.3.B. Update on Great River Energy Peaking: Plant Mr. Rohlf stated that Great River Energy (GRE) will not be building a peaking plant in Elk River in 2007 as planned. He stated that the city is working with GRE in hopes of having another plant constructed in 2009. Mr. Rohlf reviewed the project regarding tax issues with the Sherco Power Plant and Sherburne County. SA. Request by 10-24 Developers for Preliminat;y Plat Approval l\Vindsor Meadows) Public Hearing:-Case No. P 04-18 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant, 10- 24 Developers, is requesting a Preliminary Plat of Windsor Meadows, a 33 lot single family cluster development. He discussed density bonuses, the plat layout, landscaping, and the recommendations of the Planning and Parks and Recreation Commissions. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes October 18, 2004 Page 5 ----------------------------- Mayor Klinzing questioned if this site has indications of historical significance due to the addition of Condition #18 of the Preliminary Plat requirements. 1'Ir. Leeseberg stated that this condition is added to all plats in case anything of historical significance is revealed at any site. He stated it is a request of the Heritage Preservation Commission. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE PRELIMINARY PLAT FOR WINDSOR MEADOWS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. A HOMEOWNER'S ASSOCIATION DOCUMENT IS PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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. 7. 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. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council :tv1inutes October 18, 2004 Page 6 ----------------------------- 12. ALL MAILBOXES BE CLUSTERED. 13. ANY TREES OFF SITE NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 14. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 15. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 16. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 17. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE. 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 TO CONTINUE BY THE CITY. 19. THE ACCESS (212TH AVENUE) FROM WINDSOR PARK 1ST & 2ND ADDITIONS BE TEMPORARILY BLOCKED UNTIL THE FINAL LIFT OF BITUMINOUS IS INSTALLED AND/OR 50% OF THE HOMES ARE OCCUPIED. MOTION CARRIED 5-0. 5.5. Request by Guardian Ang;els of Elk River for a Conditional Use Permit for Parking: Lot Expansion Public Hearing:-Case No. CU 04-26 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that Guardian Angels is requesting a parking lot expansion to provide more visitor parking. The applicant received approval for additional parking spaces in July 2004 and is now proposing an additional 25 parking spaces. Tbe site exceeds the parking space requirements. The Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing Mark Pederson, Representing Guardian Angels-Stated that after approval of a Conditional Use Permit in July, Guardian Angels re-evaluated their parking situation again and came up with more options for additional parking. He further stated that he is working with Fairview on creating cross access and cross parking agreements. City Council Minutes October 18, 2004 Page 7 ----------------------------- Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT BY GUARDIAN ANGELS WITH THE FOLLOWING CONDITIONS: 1. IF FUTURE EXPANSION OF PARKING IS DESIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. NEW PARKING AREAS SHALL HAVE CONCRETE CURB AND GUTTER. 3. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 4. CROSS PARKING AND ACCESS EASEMENTS SHALL BE RECORDED AGAINST BOTH PARCELS (GUARDIAN ANGELS AND FAIRVIEW CLINIC). MOTION CARRIED 5-0. 5.6. Request bv Dean Bitner for Conditional Use Permit for Home Occupation Public Hearing- Case No. CU 04-24 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a Conditional Use Permit (CUP) to operate a contractor business as a home occupation. Specifically, the use of a vehicle in excess of 26,000 pounds. He discussed the outdoor storage locations and screening requirements from the neighbors. Mr. Harlicker stated that he would like to add two more conditions to the CUP requirements: 1.) that the site plan be revised to show the location of the outdoor storage area, and; 2.) that no materials be stored outside. He stared that if the applicant added any additional equipment to his business, then he must come back to the city for a review of his CUP. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing stated concerns of heavy equipment using the shared driveway. Councilmember I<uester stated she is concerned about these types of home occupations. She stated they bring noise to neighborhoods and can start to look like a work yard. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ALLOW DEAN BITNER A HOME OCCUPATION FOR A CONTRACTOR BUSINESS WITH THE FOLLOWING CONDITIONS: City Council Minutes October 18, 2004 Page 8 ----------------------------- 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPLICANT SHALL PROVIDE A LIST OF OVERSIZED VEHICLES/ HEAVY EQUIPMENT CURRENTLY USED FOR THE OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE A REVIEW OF THE CONDITIONAL USE PERMIT. 3. THE SITE PLAN BE REVISED TO SHOW THE LOCATION OF THE OUTDOOR STORAGE AREA. 4. NO MATERIALS BE STORED OUTSIDE. MOTION CARRIED 5-0. 5.7. Request by I<.in!?horn Construction for Conditional Use Permit to Construct NAPA Auto Facility Mississippi Rid!?e Public Heating--Case No. CU 04-25 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated Kinghorn Construction is requesting a Conditional Use Permit to construct a NAPA Auto store. He discussed hours of operation, building design standards, parking, lighting, landscaping, and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Morin stated that at the Planning Commission meeting he suggested a condition be added stating that no auto repair be allowed outside the building. He stated the condition was absent from the CUP requirements and he would like it added to the conditions. MOVED BY COUNCILMEMBER MOTINAND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT BY KINGHORN CONSTRUCTION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. IF THERE IS TO BE AN EXPANSION OF EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE ENTRANCE OF THE BUILDING NEEDS TO BE CLEARLY DEFINED AND VISIBLE AS INDICATED IN THE MISSISSIPPI RIDGE PUD DEVELOPMENT STANDARDS. 4. NO SALES OR DISPLAY OF MERCHANDISE OUTSIDE THE BUILDING. 5. NO AUTO REPAIR BE ALLOWED OUTSIDE THE BUILDING. City Council Minutes October 18, 2004 Page 9 ----------------------------- MOTION CARRIED 5-0. 5.8. Request bv MetroPlains for Preliminat;y Plat ApprovallJackson Square) Public Hearinf- Case No. P 04-19 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated MetroPlains is requesting Preliminary Plat approval to replat a lot for a redevelopment project known as Jackson Block. She discussed transportation issues related to the project and the recommendations of the Planning and Parks and Recreation Commissions. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the title of this plat has been cleared. City Attorney Peter Beck stated the city owns the property and is working on obtaining clear title, which will have to be resolved and vacated before final plat approval. Councilmember Tveite stated he is in favor of keeping parking spaces on Main Street rather than creating a right turn lane to Jackson Avenue. Mayor Klinzing questioned if any improvements would be made to any utilities while work was being done on these projects. Mr. Maurer stated that most likely there would not be any improvements needed but the sewer lines will be checked to see if anyone is still utilizing old lines. Mayor Klinzing questioned whose responsibility it would be to clear up these utility issues. Mr. Maurer stated it would be the responsibility of the person working on the project at the time to fL"{ them; but who will pay for these matters is another question. Councilmember Kuester questioned if 8-9 parking spaces are planned behind the new building. Ms. McPherson stated there would be approximately 19 at-grade spaces. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE PRELIMINARY PLAT FOR METROPLAINS FOR THE JACKSON BLOCK REDEVELOPMENT PROJECT 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. 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. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council ~utes October 18, 2004 Page 10 ----------------------------- 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 5. 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. 6. 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. 7. CASH SHALL BE PAID FOR PARK DEDICATION. MOTION CARRIED 5-0. 5.9. Request by MetroPlains for Preliminaq Plat Approval (Bluff Block) Public Hearing-Case No. P 04-20 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated MetroPlains is requesting preliminary plat approval to replat a lot for a redevelopment project known as Bluff Block. She discussed transportation issues related to the project and the recommendation of the Planning Commission. She stated the Parks and Recreation Commission indicated it may recommend cash for park dedication. Ms. McPherson stated the Commission believed if a walkway was installed along the river it may erode the bank due to the slope. She stated the Commission felt it may be more appropriate to utilize existing sidewalks. Mayor Klinzing opened the public hearing. Mike Rafferty, 653 Main Street-Stated concerns with transportation and parking issues. He stated he heard that his property was now included in the TIF district and he is concerned about how this affects him. He further stated he is surprised to hear about the river walk being scaled back by the city as they were promoting it heavy early on to attract pedestrian traffic and to sell downtown business owners on the redevelopment project. He would like to see walkways and large scale windows along the riverfront. Councilmember Motin stated that Mr. Rafferty's property was included in the TIF district in order for the city to qualify for having the TIF project. He couldn't guarantee that Mr. Rafferty's property would never get redeveloped but stated that the city has no plans at this time. Dawn Polston-Hark, representing the Parks and Recreation Commission-Stated the Commission is concerned about mixing commercial and residential uses on the first floor. Mayor Klinzing closed the public hearing. City Council Minutes October 18, 2004 Page 11 ~---------------------------- Mayor !<:linzing stated she is surprised the Parks and Recreation Commission is backing off on taking Outlot A for park dedication. She stated the city has been trying to market this project by utilizing the riverfront. She stated she doesn't want to miss any opportunities of promoting the river front area of the downtown. Due to the zoning and use of the area, Mayor Klinzing felt the river front area should be more manicured and less wild and scenic. She questioned if an engineer has taken a look at the slopes to make any determinations. Ms. McPherson stated the contours of the slope are steep and extremely wooded. She stated the walkway would need to be near the water's edge or in the fire access area in the upper portion of the bluff. Councilmember Tveite stated that Parks and Recreation Commission believed Outlot A to be over valued. He stated the Commission would like to come back later and use park dedication monies to have a path along the river. Mayor !<:linzing stated she is concerned about the building design. She would like to see the buildings have large windows along the river side to take advantage of the views. She wants the buildings to look great from front and back and wants accessibility to remain to the river frontage. Councilmember Kuester concurred with the Mayor on the importance of utilizing the river frontage. She would like the area to be pedestrian friendly with lots of seating and sceruc views. She is also concerned about parking. Councilmember Motin stated trees can be trimmed back for open views without having to cut them down. Councilmember Dietz questioned when a decision would have to made on adding turn lanes on Main Street at Parrish Avenue. He stated he gets many complaints regarding their being no right turn lane from Main Street to Parrish Avenue. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PRELIMINARY PLAT TO METRO PLAINS FOR THE BLUFF BLOCK 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. 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. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. City Council :rviinutes October 18, 2004 Page 12 ----------------------------- 5, 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. 6. 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. 7. PARK DEDICATION IN CASH IS PREFERRED. MOTION CARRIED 5-0. 5.10. Request by City of Elk River for Ordinance Amendment to Land Use Regulations Section 30-796 to ClaritY Fencing- Requirements for Pools Public Hearing--Case No. OA 04-03 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the current regulations regarding fencing around swimming pools have unclear language that the city would like to clarify. He reviewed the issues and the proposed new ordinance. Mayor Klinzing opened the public hearing. Rich Schultz, 19173 Zane Street-Questioned how existing pool owners would be notified of the new rules and the time frame of when they would have to comply. Mr. Harlicker stated that existing pool owners would be grandfathered in and not have to confonn to the new ordinance. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 04-15 AMENDING SECTIONS 30-796 AND 30-1007 OF THE CITY CODE OF ORDINANCES RELATING TO FENCES AROUND SWIMMING POOLS. MOTION CARRIED 5-0. 5.11. Line Avenue Cul-de-sac Update City Engineer Terry Maurer stated he met with various city/county staff to discuss issues related to installing the Line Avenue cul-de-sac. He reviewed these issues as outlined in his staff report. He stated the project should take place in spring 2005 and the cost estimate would be approximately $80,000. Mr. Maurer stated the county would program a signal at County Road 12 and Twin Lakes Road in their Capital Improvement program if the city could predict the year the intersection would meet the warrants. He further stated that if the warrants are not met that year the county would have to re-program the signalization project. City COlUlcil I\1inutes October 18. 2004 Page 13 ----------------------------- Councilmember Tveite questioned how the Police and Fire Chiefs felt about the closure of Line Avenue.1\1r. Maurer stated that Chief Beahen didn't have any issues with the closure. Chief West would have liked Line Avenue to remain open as an available optional route but he is okay with it, Councilmember Morin questioned how long it would be between the programming and the installation of the signal lights at Twin Lakes Road and County Road 12, He recommended that the warrant study be done as soon as possible in order to get on Sherburne County's programming schedule for this intersection, 5,12, Engineering Update Mr, Maurer provided an update on the engineering meeting between the city and the county, He stated the next meeting with administrators and elected officials is scheduled for Tuesday, October 26, 2004, at 3:30 p,m" at City HalL Mr, Maurer discussed the County Road 40 turnback. He stated the county indicated it would pay for the left turn lanes onto County Road 40 at County Roads 12 and 13, Mr, Maurer stated he sent a letter and a copy of the PowerPoint presentation (submitted to the city by a resident) to Mn/DOT regarding drainage concerns near the Highway 169 and County Road 33 interchange, In the letter he asked Mn/DOT to review these issues and to keep him apprised of how they will be resolved, Mr, Maurer briefly discussed progress on the 2005 street reconstruction project, He indicated topographic and soil boring information would be gathered over the next several weeks. Mr, Maurer discussed the street disruption schedule for Elk Ridge Center, 6,1. Utilities Update Councilmember Dietz provided an update of the Elk River Municipal Utilities meeting held on October 11, 2004, 6,2, YMCA Update An update was provided earlier in the meeting regarding the YMCA. Mayor Klinzing stated that the Northstar YMCA has been partnering with neighboring communities, She stated the YMCA is always looking for more volunteers, 6,3, NCDA Update Councilmember Kuester stated that there would be an informational update meeting held at Connexus Energy on Wednesday, October 20, 2004 at 7:00 p,m, Councilmember Kuester stated there was a public hearing regarding a fare increase for the commuter bus service. She stated there weren't enough options presented and many riders stated they wouldn't pay the $1.00 increase, Riders indicated they would go to either Coon Rapids or Maple Grove to catch the bus at a cheaper rate, She stated the NCDA moved to increase the fare in June 2005 by ,so, City Council1v1inutes October 18, 2004 Page 14 ----------------------------- MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO HAVE THE CITY WRITE A LETTER TO THE SHERBURNE COUNTY COMMISSIONERS THANKING THEM FOR THEIR CONTRIBUTION TO THE NORTHSTAR CORRIDOR TO ALLOW THE BUS SERVICE TO REMAIN IN OPERATION. MOTION CARRIED 5-0. 6.4. Parks & Recreation Update a. General Activities Parks and Recreation Director Bill Maertz provided an update of park development projects. He stated Sherburne County is updating their master park plan and are interested in a establishing a regional park in Elk River. He stated the county is willing to collaborate on grant writing efforts to the DNR for land acquisition. Mr. Maertz stated that the city is meeting with Tiller Corporation to discuss land acquisition near Top of the World Park. Councilmember Dietz directed staff to review the zoning of the city water tower site near Orono Park and to see if the Parks and Recreation Commission is interested in incorporating it into Orono Park. b. Tobacco in Parks Proposal :rv1r. Maertz stated the Parks and Recreation Commission approved a tobacco use policy at youth activities in city parks as outlined in his staff report. Councilmember Dietz questioned if smoking is a problem at the skate park. Mr. Maertz stated that staff has tried some no smoking enforcement but that there is no policy in place for enforcement. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE TOBACCO USE POLICY IN CITY PARKS. MOTION CARRIED 5-0. Councilmember Motin questioned the def111ition of a youth recreational facility; is it only when kids are using a facility or is it all the time? Mr. Maertz stated that if adults only are using a facility, then they could smoke, but if any kids are there, then they can't. 6.5. HRA Update Councilmember Motin stated that most of the HRA update was discussed with the approval of the Preliminary Plat of both the Bluff and Jackson Blocks previously on the agenda. He also stated the HRA reviewed some general concepts for redevelopment projects for the north side of Highway 10. City Council Minutes October 18, 2004 Page 15 ----------------------------- 7. Other Business 7.1. Chanr;e Orders Finance Director Lori Johnson stated she received additional change orders after the Council packet was distributed. She stated the Council is requested to approve the change orders reducing the amount for the Collins contract by $16,146.15. Councilmember Dietz questioned if Collins was waiting for their insurance company to pay the city and now the city will be informing Collins that the city is subtracting what it paid out to finish the repairs for water damage. He stated that Collins would then have to work out payment issues with their insurance company. Ms. Johnson stated this was correct and the city has tried numerous times to get this issue resolved through Kraus Anderson. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CHANGE ORDERS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 8. Staff Updates Ms. Johnson requested health insurance renewals be added to the November 8 worksession agenda if the information is available in time. It was Council consensus to include this item on the agenda. ------------------------- Ms. Johnson stated Orluck Industries would be hosting a ground breaking ceremony on Thursday, October 21, 2004 at 10:00 a.m. and the Council was invited to attend. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:00 p.m. Minutes prepared by Tina Allard ~'7/LAi4A Joan Schmidt City Clerk