Loading...
11-15-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 15,2004 Members Present: Mayor Klinzing, Councilmembers Kuester, Morin, and Tveite (departed at 7:45 p.m.) Members Absent: Councilmember Dietz Staff Present: City Administrator Pat Klaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill J\rIaertz, Fire Chief Bruce West, Building and Environmental Administrator Steve Rohlf, Police Chief Jeff Beahen, Building Maintenance Supervisor Gary Lore, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioners Leo Offerman and Dana Anderson Parks and Recreation Commissioner J ahn Kuester 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 6:35 p.m. by Mayor Klinzing. 2. Consider 11/15/2004 Agenda The following items were added to the agenda: Open Mike . Accept Grants from CenterPoint Energy Minnegasco Other Business . Request to Hire Part Time Secretary/Receptionist . Accept Employee Resignation and Hire Temporary Employee . Consider Increase in Employer Insurance Contribution . Accept Resignation of EDA member Larry Koenig MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 11/01/04 REGULAR AND 11/08/04 SPECIAL COUNCIL MINUTES City COlUlcil JV.u.11utes November 15,2004 Page 2 ------~------------~-~~------ 3.2. CHECK REGISTER 3.3. CHANGE ORDERS 3.4. PAY ESTIMATES 3.5. ADOPT RESOLUTION 04-89 ADDRESSING THE REQUIREMENTS OF MINNESOTA STATUTES SECTION 426.356 SUBD. 2 3.6. ADOPT RESOLUTION 04-90 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER 3.7. CONSIDER BUILDING SETBACK VARIANCE REQUEST BY JOHN PLAISTED, PUBLIC HEARING-CASE NO. V 04-06-WITHDRAWN BY APPLICANT 3.8. RENEW DENTAL INSURANCE CONTRACT WITH HEALTHPARTNERS; ENTER A JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL SERVICES AND RISK MANAGEMENT SERVICES WITH SERVICE COOPERATIVE; AND TO ACCEPT THE CONTRACT FOR BLUE CROSS AND BLUE SHIELD HEALTH INSURANCE FOR 2005 3.9. ACCEPT RESIGNATION OF SHARI PIKKARAINE 3.10. APPOINT DAVE FOSS TO THE ICE ARENA WITH A TERM TO EXPIRE MARCH 1, 2008 MOTION CARRIED 4-0. 4. Open M:ike Accept Grant from CenterPoint Energ'}r1v1innegasco (to the Fire Department and Energy !:iW Fire Chief Bruce \Vest introduced Arne Hendrickson from CenterPoint Energy Mnnesgasco. I:vfr. Hendrickson stated CenterPoint Energy t.1innegasco has a Community Grants Program to help communities purchase safety equipment. He presented a $2,500 check to the Elk River PiIe Department for the purchase of safety equipment. He also presented a $1,500 check to Energy City (accepted by Building and EnviIonmental Administrator Steve Rohlf). Council and staff thanked CenterPoint Energy M:innegasco for their donations. THE COUNCIL ACKNOWLEDGED RESOLUTION 04-91 ACCEPTING CONTRIBUTIONS TO THE CITY OF ELK RIVER. ------------------------------- No one else spoke at Open IvUke. 5.1. 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 5.2. Request by Riverside Properties for Elk River LLC for Conditional Use Permit for Residential PUD Public Hearin~-Case No. CU 04-32 5.3. Request by Riverside Properties of Elk River LLC for Preliminary Plat Approval (Jackson Avenue Villas) Public Hearing--Case No. P 04-16 City Cowlcil Minutes November 15, 2004 Page 3 --------------------------~-- Senior Planner Scott Harlicker submitted the staff report. N1r. Harlicker stated Council tabled these requests in order for the developer to consider enhancements to the city for this project as it is being considered as a Planned Unit Development (PUD). !vir. Harlicker discussed the enhancements for Council consideration. Mayor Klinzing opened the public hearing for the rezoning, the CUP, and the preliminary plat. There being no one to speak to dlese matters, Mayor Klinzing closed the public hearing. Councilmember Tveite stated he is concerned about vehicles parking off of 6th, 7th and 8th Streets when there is no delineation between the yards and the streets. City Engineer Terry Maurer explained three different assessment scenarios for installing concrete curb and gutter. He also discussed the additional traffic that would be generated on Jackson Avenue due to this townhome development and that the street would need to be restriped in order to handle d1e increased traffic. Mayor Klinzing questioned if iliis project would be included in ilie 2005 Pavement Management Program and wheilier the cost for oilier properties near this project would be reduced. !vir. J:vlaurer stated that most of the property owners in the area would not be assessed for the project as they have already been assessed for the Jackson Street project. He stated that only the property owners on Irving Avenue would be assessed. Councilmember Motin stated he is concerned about moving too quickly on installing curb and gutter along these streets when the Housing and Redevelopment Authority is in ilie process of considering redevelopment options for the area and that 6th, 7th, and 8th Streets may not remain open in the future. He suggested d1e funds be put into escrow. He furilier stated that he is not in favor of this development due to ilie density. He stated that if ilie city allows a PUD zone change, then they should receive extra enhancements from the de~eloper. Councilmember T veite stated he concurs with Councilmember lvIatin with holding funds in escrow for the concrete curb and gutter but that also there should be an asphalt berm Installed now in order to address the concerns raised by area residents at the last meeting. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT ORDINANCE 04-17 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED FROM C2 (OFFICE DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 04-07 BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: 1. THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND USE OF OLD TOWN. 2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. 3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. City Councill\iIinutes November 15, 2004 Page 4 --~_.------------------------ 4. APPLICANT PAY $92,000 INTO AN ESCROW ACCOUNT FOR STREET REDEVELOPMENT FOR THE GENERAL AREA OF 6TH, 7TH, 8TH STREETS AND IRVING AVENUE. 5. $15,000 BE PAID FOR RESTRIPING OF JACKSON AVENUE. 6. PARK DEDICATION FEE AT THE CURRENT RATE AT THE TIME OF FINAL PLAT PER UNIT FOR THE ADDITIONAL 23 UNITS TO BE BUILT BE PAID. 7. APPLICANT EXECUTE A PUD AGREEMENT INCORPORATING THESE FINDINGS AND CONDITIONS IN ORDER FOR THE PUD ZONING CHANGE TO BECOME EFFECTIVE. MOTION CARRIED 4-0. --------.------ MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A CONDITIONAL USE PERMIT TO RIVERSIDE PROPERTIES BASED ON 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . 4. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. City COLlncil1finutes November 15, 2004 Page 5 _______________________4_____ 8. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 9. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 10. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 11. THE STREET NAMES SHALL BE REVISED AS INDICATED. 12. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES BE CLUSTERED. 17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. 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. 19. 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. 20. THE LANDSCAPE PLAN SHALL BE REVISED. THE TREES ALONG JACKSON AVENUE SHOULD BE CHANGED TO MAPLES, EITHER AUTUMN BLAZE OR A RED MAPLE, PLANTED 30 FEET ON CENTER. THERE ARE SOME LOCATIONS ALONG THE PRIVATE STREETS WHERE THERE IS ENOUGH SPACE TO PLANT LARGER OVERSTORY TREES. OVERSTORY TREES, SIMILAR TO THOSE PLANTED ALONG JACKSON AVENUE AND 6TH STREET SHOULD BE PLANTED ALONG THE FRONT OF ALL THE TOWNHOUSES. City Council rv:U.11utes November 15, 2004 Page 6 ----------------------------- EACH TOWNHOUSE WILL HAVE FOUNDATION PLANTINGS. INDIVIDUAL UNIT LANDSCAPE PLANS SHOULD BE PROVIDED. 21. THE BUILDING ELEVATIONS SHALL BE REVISED SO THAT THE BRICK IS EXTENDED AROUND THE SIDES OF THE BUILDINGS. 22. IN ORDER TO CONTINUE THE ROW STYLE LOOK AND PROVIDE ACCESS TO THE FRONT OF THE UNITS, SIDEWALKS SHALL BE INCLUDED ALONG THE FRONT OF ALL OF THE UNITS. EACH UNIT SHALL HAVE A WALK CONNECTING THE FRONT STEPS TO THE SIDEWALK. SIDEWALKS SHOULD ALSO BE PROVIDED BETWEEN THE BUILDING TO PROVIDE ACCESS FROM THE DRIVEWAYS AND THE PRIVATE STREET TO THE FRONT ENTRANCES. 23. THE APPLICANT SHALL WORK WITH THE PARKS AND RECREATION DIRECTOR ON A TREE PLANTING PLAN FOR LIONS PARK. IT SHALL BE THE RESPONSIBILITY OF THE APPLICANT TO PURCHASE AND PLANT ALL THE TREES SHOWN ON THE AGREED UPON PLAN. 24. CROSS ACCESS AGREEMENT SHALL BE REQUIRED BETWEEN THE APPLICANT AND ALLIANCE CHURCH FOR USE OF THE SHARED DRIVEWAY OFF OF JACKSON AVENUE. 25. APPLICANT PAY $92,000 INTO AN ESCROW ACCOUNT FOR STREET REDEVELOPMENT FOR THE GENERAL AREA OF 6TH, 7TH, 8TH STREETS AND IRVING AVENUE. 26. $15,000 BE PAID FOR RESTRIPING OF JACKSON AVENUE. 27. PARK DEDICATION FEE AT THE CURRENT RATE AT THE TIME OF FINAL PLAT PER UNIT FOR THE ADDITIONAL 23 UNITS TO BE BUILT BE PAID. 28. APPLICANT EXECUTE A PUD AGREEMENT INCORPORATING THESE FINDINGS AND CONDITIONS IN ORDER FOR THE PUD ZONING CHANGE TO BECOME EFFECTIVE. MOTION CARRIED 4-0. --------------------------- Mayor Klinzing questioned if trails from this development would tie into Lions Park. Ms. McPherson stated a condition could be added that the developer would have to work with the parks and recreation director on where the trail connections should be located. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT WITH THE EXACT CONDITIONS LISTED IN THE CUP APPROVAL AND THE FOLLOWING ADDITIONAL CONDITION: City Council J\1inutes November 15, 2004 Page 7 ~-------~-------------------- 1. THE DEVELOPER WORK WITH THE PARKS AND RECREATION DIRECTOR ON ESTABLISHING APPROPRIATE TRAIL CONNECTIONS INTO LIONS PARK. MOTION CARRIED 4-0. 5.4. Request bv Vance Zehrin[er/Habitat for Humanity for a Land Use Plan Amendment to Chan[e the Land Use from HB (Highwav Business! to RR (Rural Residential) Public Hearing-Case No. LV 04-05 5.5. Request by Vance Zehringer/Habitat for Humanity for a Rezonin[ from C3 (Hi[hway Commercial) to RIa (Single Family Residential) Public Hearing-Case No. ZC 04-10 5.6. Request by Vance Zehrin[er/Habitat for Humanity for a Simple Plat (Sunrise Park) Public Hearn[-Case No. P 04-23 Councilmember Motin disclosed that Mr. and Mrs. Miner, property owners, are clients of his but there is no conflict of interest regarding this item. Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker provided an overview of the project, including existing site conditions, adjacent land uses, adjacent lot sizes, and lot layout. He stated that the Board of Adjustments had granted a variance to reduce the required lot area from 2.5 acres to .8 acres. Mayor Klinzing opened the public hearing for the land use, the rezoning, and the simple plat. Vance Zehringer, 18912 Concord Street-Provided a PowerPoint presentation on Habitat for Humanity activities in the Sherburne County area. He requested that the park dedication fees be waived. John Kuester, Parks and Recreation Commissioner-Stated the Commission had no issues with the fees for this being waived. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-92 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO RR (RURAL RESIDENTIAL), CASE NO. LU 04-05. MOTION CARRIED 4-0. ------------------------ MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT ORDINANCE 04-18 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C3 (HIGHWAY COMMERCIAL) TO RIA (SINGLE FAMILY RESIDENTIAL), CASE NO. ZC 04-10. MOTION CARRIED 4-0. -------------------------- City Council :tv1inutes November 15, 2004 Page 8 ----------------------------- MOVED BY MAYOR KLINZING TO APPROVE THE SIMPLE PLAT FOR SUNRISE PARK AND TO WAIVE THE PARK DEDICATION FEES, THE STORM WATER MANAGEMENT FEES, AND TO REDUCE THE BUILDING PERMIT FEES BY HALF. The motion died for lack of a second. Mayor Klinzing stated she wanted to reduce the fees as a way for the city to participate in helping Habitat for Humanity on this project. Councilrnember Tveite stated he is not comfortable with waiving the storm water management and building permit fees, as he is concerned about the precedent it could set. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE SIMPLE PLAT BASED ON THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION FEES FOR ONE LOT SHALL BE WAIVED FOR THIS REQUEST. 3. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4. THE APPLICANT SHALL PROVIDE INFORMATION SHOWING THAT THERE IS A SUITABLE LOCATION FOR A SEPTIC SYSTEM AND A WELL ON LOT 1. MOTION CARRIED 4-0. Mayor Klinzing thanked Habitat for Humanity for its continued efforts in Elk River. 5.7. Request bv West Oaks of Elk River LLC (G. Sanfordi for Final Plat Approval (\Vest Oaks 3,d Additioni Case No. P 04-25 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting final plat approval for West Oaks. He discussed the plat layout. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-93 GRANTING FINAL PLAT APPROVAL FOR WEST OAKS THIRD ADDITION, CASE NO. P 04-25, WITH THE FOLLOWING CONDITIONS: 1. SURFACE WATER MANAGEMENT FEES BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. City Council 1vIinutes November 15, 2004 Page 9 ~__________________4_________ 3. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 5. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 6. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 7. A GRADING PLAN AND EROSION PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 8. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 9. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL MAILBOXES BE CLUSTERED. 11. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. U. ANY TREES OFFSITE OR ONSITE, 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. 13. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. 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. 15. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT. 16. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR CONTRIBUTION TOWARDS THE COST OF THE WACO STREET IMPROVEMENTS. City Council Minutes November 15, 2004 Page 10 ~----------------------_._--- MOTION CARRIED 4-0. 5.8. Request by D.R. Horton for Final Plat ApprovallTrott Brook Farms 10'" Addition) Case No P 04-26 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting final plat approval for Trott Brook Farms 10'" Addition. He reviewed the plat layout. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-94 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS 10TH ADDITION, CASE NO. P 04-26, WITH THE FOLLOWING CONDITIONS: I. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 4. 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. 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Councilivlinutes November 15, 2004 Page 11 ----------------------------- 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 12. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 4-0. 5.9. Request by Powell Realt;y for Simple Plat (fipton Woods1 Public Hearin,,-Case No. P 04-24 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the applicant is requesting to subdivide one lot into two parcels. She discussed existing site conditions and the Park and Recreation Commission's recommendation. She stated a stucco shed located in the Highway 10 right-of-way would be required to be moved. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR POWELL REALTY WITH THE FOLLOWING CONDITIONS: 1. THE STUCCO SHED SHALL BE REMOVED ENTIRELY OR RELOCATED TO COMPLY WITH THE SETBACK REQUIREMENTS OF THE R1C DISTRICT. 2. PARK DEDICATION SHALL BE PAID FOR ONE LOT. 3. SURFACE WATER MANAGEMENT FEES SHALL BE PAID FOR ONE LOT. 4. THE PLAT SHALL SHOW RESTRICTED ACCESS ALONG HIGHWAY 10 AND UPLAND AVENUE. 5. ALL OTHER COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MOTION CARRIED 4-0. 5.10. Request bv Roth Development for a Conditional Use Permit to Construct Banking Facilit;y (US Bank1 Elk Ridge Center Public Hearing-Case No. CD 04-30 Planner Chris Leeseberg submitted the staff report. I\.1r. Leeseberg stated the applicant is requesting a Conditional Use Permit to construct a US Bank with a possible expansion to the building in the future. He reviewed the building design, lighting, parking, circulation, landscaping, grading, drainage, utilities, and the Planning Commission's recommendation. City CouncillYlinutes November 15, 2004 Page 12 ~---------------------------- Mayor Klinzing opened the public hearing. Mary Larson, 11625 197tl1 Avenue-Stated there is a lot of misinformation to residents regarding the Elk Ridge Center proJect. She stated she would like the US Bank project delayed as she was unaware of the project and would like time to consider it. She is concerned about lighting, appearance, and noise. Antonio Luciano, 19757 Irving Street-Presented and read a letter to the City Council stating he has hired an attorney to assist him with concerns over this project. He stated he would like future notification given to Brentwood residents. He discussed concerns over the timing of the project, lighting, traffic, landscaping, and sign age. He stated he is concerned about the communication and the amount of guesswork in the project. He would like the bank project delayed 10-14 days so that he and the neighbors would have time to review it and express their concerns to the Council,s tafE and the developer. Mayor Klinzing and Ms. McPherson explained that the 350' notification rule the city must follow. Councilmember Tveite left (7:45 p.m.). Mayor Klinzing stated that banks have low lighting in their parking lots as they are not open late. Bill Norcutt, representing Roth Development-Stated that an updated traffic study for the future bank expansion has been completed and there were no changes over the previous study. He stated the signage meets the city's ordinance requirements. !'vir. Norcutt stated that timing is critical to him in order to move the bank cons truction schedule along. He also stated that low lighting would be installed in the parking lot. Josh Krznak, Hemple Properties-Stated this project meets and exceeds the ordinance requirements. He stated he has to try to balance his budget with the needs and wants of neighbors. He stated the landscaping exceeded the requirements of the city and the bank will sit below grade so there shouldn't be any problems with headlights in neighboring windows. Gary Kleis, 19815 Irving Street-Stated he is concerned about headlights in windows and property taxes. He also questioned why the developer would want a sign at 197th Avenue and Holt Street if they don't think that corner is going to be a high traffic area. Ann Brown, 19737 Holt Street-Stated communication has not been good between all parties. She stated she would like the project delayed so that neighbors could give more consideration to it. Mayor Klinzing closed the public hearing. Councilmember Kuester thanked the residents for their public participation. She stated that it may seem that the Council is not giving much consideration to this project but has actually been reviewing it for at least a year. She stated the residents bring concerns, such as the small details, to projects like this that the Council may have missed because they are always looking more at the big picture. Councilmember Motin concurred. He suggested that the Elk Ridge Center developers obtain a list of property owners in Brent\Vood and send them regular updates. City Council Minutes November 15, 2004 Page 13 ____________________________4 Mayor Klinzing stated the applicant did a very nice job on this project. She stated they exceeded the design standards and that property owners have some right to develop their property. She stated the residents should have more concern over the proposed 6 lane highway expansion }'1n/DOT has planned for the area. Councilmember Kuester suggested waiting one week to take action on this project but close the public hearing and allow written comment to be submitted to the city prior to the next Council meeting. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY MAYOR KLINZING TO POSTPONE THE CONDITIONAL USE PERMIT REQUEST FOR ROTH DEVELOPMENT AND TO ADD IT TO THE NOVEMBER 22, 2004 SPECIAL MEETING AGENDA. MOTION CARRIED 3-0. 5.11. Request by River of Life Church for Interim Use Permit for Temporary Office Public Hearing-Case No. CU 04-28 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting an interim use permit for a portable office until they can expand their current building. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE AN INTERIM USE PERMIT TO RIVER OF LIFE CHURCH WITH THE FOLLOWING CONDITIONS: 1. THE PORTABLE OFFICE SHALL BE REMOVED BY SEPTEMBER 1, 2006. 2. IF AN EXTENSION TO THE SEPTEMBER 1, 2006 DATE IS REQUIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 3. THE PORTABLE OFFICE SHALL NOT EXCEED 1,300 SQUARE FEET. 4. IF THE LOCATION OF THE PORTABLE OFFICE IS CHANGED THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. MOTION CARRIED 3-0. 5.12. Request bv Elite Sanitation for a Conditional Use Permit (CUP) for Outdoor Storage Public Hearing-Case No. CU 04-29 Senior Planner Scott Harlicker submitted the staff report. .M:r. Harlicker stated the applicant is requesting a CUP for outdoor storage. He discussed site conditions and the Planning Commission's recommendation. City COWlcil 1v1inutes November 15, 2004 Page 14 -------~---~~~-------------~~ Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOT IN TO APPROVE A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE TO ELITE SANITATION WITH THE FOLLOWING CONDITIONS: 1. THE AREA OUTSIDE OF THE OUTDOOR STORAGE AREA SHALL BE PAVED. 2. THE OUTDOOR STORAGE AREA SHALL BE SURFACED WITH CLASS V OR SIMILAR MATERIAL. 3. THE OUTDOOR STORAGE AREA SHALL BE ENCLOSED WITH A FENCE. 4. NO PUMPING, STORAGE OR DISPOSAL OF WASTE MATERIAL ASSOCIATED WITH THE CLEANING OF THE UNITS SHALL BE CONDUCTED AT THIS SITE. 5. A STOCKADE FENCE BE INSTALLED ALONG 4TH STREET ON THE EAST SIDE OF THE BUILDING. MOTION CARRIED 3-0. ~ 5.13. Request by McCombs-Frank Roos Associates Inc. for Conditional Use Pennit for Expansion ofWalmart Store Public Hearinl,':-Case No. CU 04-31 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a CUP to expand Walmart by 69,671 sq. ft. in order to construct a grocery center. He discussed parking, circulation, landscaping, and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. Dave Sellegren, Attorney for \'(;'ahnart-Stated he was available for questions. He stated Zane Street was designed to handle the current traffic and the expansion of Walmart. Dana Anderson, Planning Commissioner-Stated he was the only Planning Commissioner to vote against the W'ahnart expansion. He stated he wasn't against the expansion but felt that traffic issues on Zane Street needed to be addressed. He stated that Zane Street is too narrow and curvy for the current traffic and will only get worse with the Walmart expansion. He stated the city should obtain enough right-oE-way to allow Zane Street to be reconfigured in the future in order to handle increased traffic. Mayor Klinzing closed the public hearing. Mayor Klinzing agreed with Comlnissioner Anderson. She stated the traffic on Zane Street is awful and she would like to pursue options for relieving it. Councilmember NIocin concurred. He stated he would like the city to secure, if necessary, more right-of-way (RO\,~ from Walmart. City Council ivlinutes November 15, 2004 Page 15 ----------------------------- :Mr. Sellegren stated he is unsure whether Walmart can give up additional land for RO\V as it may take away too many parking stalls. He stated it would depend on how much more additional ROW the city would need. Terry Maurer stated he didn't think it was necessary to expand Zane Street to four lanes. He suggested restriping it to three lanes with the center lane being used as a turn lane. He stated he could work with the developer to see what options would be possible for right of way acquisition. Corrunissioner Anderson stated that he believed Zane Street needed four lanes and was not comfortable with the 3 lane configuration. Councilmember Morin concurred. He stated he is concerned about traffic safety with the three lane configuration. He stated a center turn lane on some stretches of the road could be dangerous and confusing with traffic trying to access businesses on both sides of the road. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT TO WALMART FOR A BUILDING EXPANSION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF GREAT RIVER ENERGY SHALL BE ADDRESSED AND REFLECTED ON A REVISED LANDSCAPE PLAN. 3. IF THE APPLICANT WISHES TO EXPAND THE BUILDING AND/OR THE PARKING AREA, THEY SHALL APPLY FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT. 4. THE DUMPSTER AND TRASH COMPACTOR BE INCORPORATED AS PART OF THE BUILDING AND THE EXTERIOR CONSIST OF THE SAME MATERIALS AS THE BUILDING. 5. THE OUTDOOR GARDEN CENTER SHALL BE FOR SEASONAL DISPLAY, SALES AND STORAGE OF GARDEN CENTER RELATED GOODS ONLY. DISPLAY, SALE AND STORAGE SHALL BE LIMITED TO APRIL- SEPTEMBER. YEAR ROUND STORAGE, SALE AND/OR DISPLAY IS PROHIBITED. 6. SEMI TRAILERS, DROPPED TRAILERS OR CONTAINERS, OR OTHER TRUCKS SHALL NOT BE KEPT ON SITE OR USED FOR STORAGE. 7. OVERNIGHT PARKING OF RECREATIONAL VEHICLES IS PROHIBITED. 8. OUTDOOR STORAGE, OUTSIDE OF THE BUILDING OR WITHIN THE GARDEN CENTER, OF PALLETS, BOXES, BUNDLED CARDBOARD OR OTHER PACKAGING MATERIAL, BROKEN City Council ~1inutes November 15, 2004 Page 16 ----------------------------- MERCHANDISE OR MERCHANDISE NOT NORMALLY SOLD WITHIN THE GARDEN CENTER IS PROHIBITED. 9. UP TO 20 FEET OF ADDITIONAL RIGHT OF WAY FOR ZANE STREET MAY BE OBTAINED FROM THE APPLICANT. MOTION CARRIED 3-0. 5.14. Request by CitY of Elk River for Ordinance Amendment to Amend Sections 30-691-30-701 for Consisten"" with the Amended State Statute Laneua~e Reg:arding- Nonconforming- Uses- Case No. 04-04 Dixector of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that in order to be consistent with 1vfN Statute the city needs to change its ordinance in regards to the nonconforming uses and structures section of the land development regulations (Chapter 30). Mayor Klinzing opened the public hearing. There being no one to speak to this issue. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORDINANCE 04-19 REPEALING THE EXISTING SECTIONS 30-691 THROUGH 30-701 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW SECTIONS 30-691 THROUGH 30-701, CASE NO. OA 04-04. MOTION CARRIED 3-0. 6.1. Discussion of Proposed Chan!?:es to 2005 Fee Schedule City Administrator Pat Klaers discussed the proposed 2005 fee schedule. He stated the public hearing will be held on December 20, 2004. 6.2. Parks & Recreation Update Parks and Recreation Dixector Bill Maertz provided an update of Parks and Recreation activities as outlined in his staff report. 6.3. HRA Update-Councilmember Motin Councilmember Motin provided an update of the HRA meeting held on November 1, 2004. 6.4. NCDA Update-Councilmember Kuester Councilmember Kuester provided an update of the Northstar Development Corridor meeting held on November 4, 2004. She stated that federal funds have been obtained for the purchase of right-of-way for the Anoka and the Big Lake commuter rail stations, Councihnember Kuester further noted that the NCDA is looking at criteria for selecting a maintenance facility location, This maintenance facility had been planned for Elk River; but the best location for the maintenance facility is being re-evaluated due to the commuter rail ending in Big Lake and not further west as originally planned. City Council1v1inutes November 15, 2004 Page 17 --------------------~-------- 6.5. Public Safe1;y Building Project Update-Don Stutsman Proiect Manager Kraus Anderson Construction Company City Adnunistrator Pat Klaers stated that all payment requests have been fmalized and submitted to the city by Kraus Anderson. He stated that one payment request (for temporary fencing around the Police Department impound lot) is unusual as it was submitted very late. Don Stutesman, Project Manager-Stated their original intent was to have the fencing placed in the bid package but that it had to be pulled due to design specifications. He stated Kraus- Anderson constructed the fence and then overlooked it in the billing process. Public Safe1;y and Ci1;y Hall Building Proiect Pav Estimates Finance Director Lori Johnson stated that there is a discrepancy of approximately $1,000 with one contractor and requested that approval of pay estimates be contingent upon resolving this issue. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE FOLLOWING CONTINGENT UPON THE $1,000 DISCREPANCY BEING RESOLVED: . FINAL PAY ESTIMATE OF $51,906.63 FOR THE PUBLIC SAFETY BUILDING PAYMENT OF $18,324.40 FOR THE CITY HALL PROJECT PAYMENT OF $14,784 TO KRAUS ANDERSON . . MOTION CARRIED 3-0. 6.6. Consider Pavment to the School District for the Little Theatre City Administrator Pat Klaers stated the City Council agreed to pay the School District $563,000 over five years to help with the restoration of the Little Theatre. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO PAY $112,600 FROM THE GENERAL FUND BUDGET TO THE SCHOOL DISTRICT AS OUTLINED IN RESOLUTION 2004-22. MOTION CARRIED 3-0. 6.7. 2005 Municipal Budget Enteq>rise Funds City Administrator Pat Klaers reviewed the enterprise fund budgets as outlined in his staff report. Councilmember Morin questioned how often credit card fees are reviewed. He stated the three percent seemed high. Ms. Johnson stated the fees are considerably lower than three percent and that the liquor department continually reviews these fees. Councilrnember Motin also questioned why Northbound liquor needs a monument sign. City Counciliv:W.lUtes November 15, 2004 Page 18 ----------------------------- Ms. McPherson stated thatNorthbound would like the sign located on the corner of 193'" Avenue and Highway 169. She stated they do not have a sign that acknowledges that they are the City of Elk River (municipal) Northbound Liquor store. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THE RECYCLING REBATE PROGRAM IN 2005. MOTION CARRIED 3-0. ----------------------------- MOVED BY COUNCILMEMBER MOTIN TO APPROVE SAC CHARGES FOR 2005 TO $2,500 AND 2006 TO $3,000 PER RESIDENTIAL UNIT. Councilmernber Kuester stated she is concerned the city would not be increasing the SAC fees enough. She noted the fees for surrounding communities are qnite a bit higher than Elk River and that there will be substantial expenses in the near future as the plant is expanded. Councilmember Motin withdrew his motion. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO INCREASE SAC FEES FOR . 2005 TO $2,750 PER RESIDENTIAL UNIT . 2006 TO $3,500 PER RESIDENTIAL UNIT MOTION CARRIED 3-0. ------------------------------ MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE 2005 ENTERPRISE FUND BUDGETS. MOTION CARRIED 3-0. General Fund Update Mr. K.laers provided an update of the general fund budget as outlined in his staff report. He stated the Street Department is requesting to change staffing for building maintenance. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY MAYOR KLINZING TO ADD 540 HOURS TO THE BUILDING/ GROUNDS PROGRAM AND TO CHANGE THE CLEANING STAFF FROM SIX PART TIME TO TWO PART TIME AND TWO FULL TIME EMPLOYEES. MOTION CARRIED 2-1. Councilmernber Morin opposed. Councilmember Morin stated that the city has been crearing a lot of additions to the budget without compensating with reductions in other areas. He wanted to see the budget as a whole prior to making these staff changes. Councilmember lYfotin also stated he does not agree with the implementation of the community development director posirion in 2005. City Council :Minutes November 15, 2004 Page 19 ----------------------------- Supplemental Bud!,'et Pa!,'es 11r. Klaers stated that these budgets would be discussed at the November 22, 2004 Council meeting. 7. Other Business 7.1. Resig;nation and Hiring- of Tempora", Position for WWTP Mr. I-Qaers stated employee Scott Wilson recently resigned from the WWfP and that the Plant is now down to a 50% staff level. He requested that a past seasonal employee be hired on as a temporary until a regular full time employee is hired. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER MOTIN TO HIRE DAVID HUBNER AS A TEMPORARY ENTRY LEVEL WASTEWATER OPERATOR AT $14.88 PER HOUR. MOTION CARRIED 3-0. 7.2. Request to Hire Secreta", /Receptionist for Police Department 1v1r. Klaers stated the interview process is complete for the secretary/receptionist position and the Police Department would like to hire Julie Splettstoesser based on successful completion of a background check. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO HIRE JULIE SPLETTSTOESSER AS A SECRETARY/RECEPTIONIST AT STEP C, $14.86 PER HOUR, BASED ON SUCCESSFUL COMPLETION OF A BACKGROUND CHECK. MOTION CARRIED 3-0. 7.3. Health Insutance Mr. Klaers stated the Council previously reviewed the employee health insurance program and requested Council approve the employer conttibution so that health insurance forms can be provided to employees and processed by the end of d1e year. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE A $15.00 PER MONTH INCREASE IN THE CONTRIBUTION TO THE EMPLOYEE HEALTH INSURANCE PROGRAM. MOTION CARRIED 3-0. 7.4. Resig;nation of EDA Commissioner Lar", Koenig- Mayor Klinzing stated Larry Koenig submitted his resignation for the EDA. She stated he gave her the name of another person who may be interested in serving 011 the Commission. 9. Staff Updates There were no staff updates. City Council J\1i.11utes November 15, 2004 Page 20 ----------------------------- 10. Adjournment There being no further business, Mayor Klinzing adjourned ille meeting of the Elk River City Council at 10:15 p.m. Minutes prepared by Tina Allard C~ >>L~ (F Joan Schmidt City Clerk