Loading...
10-16-2000 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 16, 2000 Members Present: Vice Mayor Motin. Councilmembers Dietz, Farber. and Thompson Members Absent: Mayor Klinzing Staff Present: Pat Klaers. City Administrator; Michele McPherson, Director of Planning; Steve Wensman, Planner; Scott Harlicker. Senior Planner; Peter Beck, City Attorney; Marc Nevinski, Assistant Director of Economic Development; Bruce West. Fire Chief; Steve Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Tom Zerwas, Police Chief; and Tina Allard, Recording Secretary Also Present: Stoffel Reitsma, Park and Recreation Commissioner and Tom Mesich, Planning Commissioner 1. Call Meetina To Order . Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Vice Mayor Motin. 2. Consider 10/16/2000 Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 10/9/2000 CITY COUNCIL MINUTES - APPROVED 3.2. REQUEST BY DAVID DECKER FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE, PUBLIC HEARING - CASE NO. CU 00-33 POSTPONED TO 1/18/01- APPROVED 3.3. REQUEST BY ROBERT CUMMINS FOR A TRANSIENT MERCHANT LICENSE TO HAVE A ONE-DAY TOOL SALE AT ELK RIVER BOWL CONTINGENT UPON TRUCK DRIVER HAVING AN APPROPRIATE LICENSES TO OPERATE SAID VEHICLE IN MINNESOTA AND CONTINGENT UPON TRUCK BEING CURRENTLY LICENSED - APPROVED . 3.4. REQUEST BY THE STREET/PARK DEPARTMENT TO SELL A 1982 FORD TRACTOR AND TIGER MOWER TO THE CITY OF FIFTY LAKES FOR $2,000 - APPROVED 3.5. REQUEST BY NORTHBOUND LIQUOR MANAGER TO PROMOTE KRISTI HANSON City Council Minutes October 16, 2000 Page 2 . TO LIQUOR CLERK II,PAY.GRADE 6, STEP C, EFFECTIVE OCTOBER 17,2000- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Consideration of Proposal for Holt and Jackson Director of Planning Michele McPherson informed the council that the city received a letter of intent from Gary Janisch of H.J. Development L.L.P. to purchase the Holt & Jackson site to construct a 13;000 square foot facility. Ms. McPherson stated that the developer is requesting that he be allowed to donate the northerly portion of the property as parkland, and that the city complete a Phase I Environmental Study, which is estimated to cost approximately $5,000. Ms. McPherson discussed issues surrounding tree preservation and noted that the developer is willing to work with staff on replacing trees. Gory Janisch HJ Development - commented that he is worried about liability issues and assessments on the northerly portion of the property, but would be willing to delete this contingency from the letter of intent. . Vice Mayor Motin expressed concern over the type of businesses that would be housed in this retail facility. City Attorney Peter Beck stated that the city could either put a restrictive covenant on the property or rezone it as a planned unit development. Ms. McPherson stated that the proposal fits the District requirements and any restaurants planned would require a conditional use permit. Councilmembers also expressed concerns regarding tree preservation. COUNCILMEMBER THOMPSON MOVED TO ACCEPT THE LETTER OF INTENT FROMH.J. DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. THE CITY AGREES TO COMPLETE THE PHASE I ENVIRONMENTAL STUDY. 2. THE CITY WILL NOT ACCEPT THE NORTHERLY UNDEVELOPABLE PROPERTY FOR PARK OR OPEN SPACE PURPOSES. 3. SUCCESSFUL COMPLETION OF PUBLIC HEARINGS ON THE SALE OF EXCESS PROPERTY AS REQUIRED BY STATUTE. COUNCILMEMBER FARBER SECONDEO THE MOTION. THE MOTION CARRIED 4-0. 4.2. Swearina'in of Police Officer Darren McKernan Police Chief Tom Zerwas introduced Darren McKernan to council and staff. Vice Mayor Motin then swore in Mr. McKernan to police officer status. 4.3. Utilities Commission Update . Councilmember John Dietz updated the council on the Electric Rate Study being done by utilities. Councilmember Dietz stated that the main concern with the. study was that expenses did not match up with revenue. Council member Dietz City Council Minutes October 16. 2000 Page 3 . stated that Elk River Utilities increased rates for Demand Customers as their rates were considered low and this helped to balance the revenues and expenses. 4.4. Communitv Recreation Update - Council member Motin Vice Mayor Paul Motin informed the council that community recreation is discussing possible amendments to the Joint Powers Agreement and that Hassan Township is considering leaving the group. 4.5. Park & Recreation Update Director of Planning Michele McPherson summarized park and recreation activities. Ms. McPherson noted that the commission is researching the establishment of a city park and recreation department and is working closely with the River City Snow Riders in establishing permanent trailheads for local snowmobile trails within the city. Ms. McPherson mentioned the ribbon-cutting ceremonies held for the new playgrounds at Country Crossings 3rd and Lions Park. Ms. McPherson also noted that the commission recommended approval of the purchase of a hand-held portable seed stripper. Ms. McPherson stated that the purchase of this seed stripper would come before the council at a later date as there were staff concerns with the purchase and there are no funds in the park maintenance budget for the purchase of this equipment. 4.6. Update on WWTS Ventilation Issues . City Engineer Terry Maurer stated that Safety Coordinator Bruce West and WWTS Supervisor Gary Leirmoe approached him regarding safety issues of the Wastewater Treatment Plant. Mr. Maurer summarized cost estimate totals of $116.000 for replacing ventilation equipment in the screen room. grit room and the digester building. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ENGINEER TO OBTAIN BIDS FOR REPAIRING THE VENTILATION SYSTEM AT THE WASTEWATER TREATMENT FACILITY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike No one appeared for open mike. 6.1. Northstar Corridor - Public Hearina Senior Planner Scott Harlicker discussed the Advanced Corridor Plan. developed by the NorthstarCorridor Development Authority. which includes station locations and designs for all of the proposed stations along the Northstar Corridor. . Dave Loch. consultant with the Northstar Corridor Development Authority (NCDA). explained why the NCDA was created. and gave a timeline for completion of the commuter rail system. Mr. Loch revealed that it would cost $231 million to construct the Northstar Corridor and about $14.5 million to operate and maintain the facility. Mr. Loch stated that 50% of funding would come from federal government. 40% would come from state government. and 10% from local government. City Council Minutes October 16. 2000 Page 4 . Councilmember Dietz expressed concerns about whether everyone involved has committed to paying their share of expenses. Council member Thompson questioned who would be paying the ongoing operating and maintenance costs. Mr. Loch stated that some of the funding for this project has yet to be determined.' MnDOT Representative John Griffith, working on the predesign area for the NCDA presented plans for the proposed Elk River station and parkin910t design. Vice Mayor Motin opened the public hearing. There being no one for or against this issue, Vice Mayor Motin closed the public hearing. COUNCILMEMBERFARBER MOVED TO APPROVE RESOLUTION 00-86 ACCEPTING THE NORTHSTAR CORRIDOR STATION PLAN FOR THE CITY OF ELK RIVER WITH THE FOLLOWING CONDITION: 1. THE CITY OF ELK RIVER HAVE AN OPPORTUNITY TO WORK WITH THE NCDA AND MNDOT ON ENHANCING THE DEPOT SITE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Thompson abstained. . 6.2. . Reauest bv Metro Wind LLC for a Conditional Use Permit to Construct & Ooerate Commercial Wind Turbine and Related Facilities. Public Hearina - Case No. CU 00-35 Building and Zoning Administrator Steve Rohlf stated that Metro Wind is requesting a conditional use permit to construct a wind turbine at a site located east of US Trunk Highway 169 and north of 225th Avenue. Mr. Rohlf summ.arized concerns regarding noise, birds, property values, and safety. Vice Mayor Motin opened the public hearing. There being no one for or against this issue. Vice Mayor Motin closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAl: USE PERMIT TO ALLOW METRO WIND TO CONSTRUCT A WIND TURBINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2.a. Consider Purchase of Emeraencv Preoaredness Siren Fire Chief Bruce West stated that in his 2001 budget he has planned to use reserves for purchasing one emergency siren to be located at 225th Avenue and Highway 169. Mr. West stated that he would like to install a battery operated emergency siren off the side of the wind generator as soon as possible. . COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF AN EMERGENCY PREPAREDNESS SIREN AT A COST OF $12,377.83. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes October 16. 2000 Page 5 . 6.3. Reauest bv Frank Madsen for Administrative Subdivision. Public Hearina - Case No. AS 00-7 Director of Planning Michele McPherson stated that Frank Madsen is requesting an administrative subdivision be approved to subdivide a six-acre parcel into one 2.5 and one 3.5 acre parcel. Ms. McPherson discussed the history of the property. the subdivision requirements. and park dedication fees. Ms. McPherson noted that the county has denied the driveway access permit and the county has no variance policy with its access ordinance. Ms. McPherson stated that the county indicated they would approve the driveway access if the city submitted a letter stating it had no objections to this driveway. Vice Mayor Motin opened the public hearing. Frank Madsen 19640 Proctor Road - stated that he went to the county to obtain a driveway access permit and was told by the county that the new driveway would not meet the county.s minimum spacing requirements. but that he should get a letter from the city stating there is no problem with the driveway access . location. Mr. Madsen stated it would be too expensive to move his driveway and it would make the driveway on the other parcel longer and more expensive to build. . City Engineer Terry Maurer commented that the county should make the driveway access decision. but Mr. Maurer also noted that existing driveways in the area do not meet the county requirements. Tom Mesich 11401 205th Avenue - Stated that the realignment of County Road 33 and the proposed County Road 33/Highway169 interchange could create substantially more traffic on Proctor Avenue. Vice Mayor Motin closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING FIVE .CONDITIONS: 1. PARK DEDICATION FEES BE PAID. 2. SURFACE WATER MANAGEMENT FEES BE PAID 3. DRAINAGE AND UTILITY EASEMENTS BE GRANTED ALONG THE PROPERTY LINES. 4. THE APPLICANT SHALL EITHER OBTAIN A PERMIT FROM THE COUNTY FOR ACCESS TO COUNTY ROAD NO. 77. OR IMPLEMENT EITHER OPTION A OR B TO PROVIDE ACCESS TO THE NEW PARCEL. 5. COUNCIL SEND A LEITER NOT OPPOSING THE DRIVEWAY ACCESS SINCE THERE IS NO VARIANCE PROCEDURE AT THE COUNTY AND ENCOURAGE THE COUNTY TO DEVELOP A VARIANCE PROCEDURE SO THEY CAN DEAL WITH DENIALS. . COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes October 16, 2000 Page 6 . 6.4. Reauest by Dynamics, Lamm & Dehrer for a Roadway Vacation (Windsor Park), Public Hearina - Case No. EV 00-7 Planner Steve Wensman stated that Dynamics, Lamm and Dehrer is requesting a roadway vacation of a portion of the 212th Avenue right-of.,.way at the entrance to Windsor Woods. Mr. Wensman stated that the developers of Windsor Park would like to place a development monument sign in the center island at the intersection of 212th Avenue and Elk Lake Road. Mr. Wensman noted that the island was created in order to save existing trees and that with the new road configuration, the best location for a development sign is in the center island that is now road right-of-way. Vice Mayor Motin opened the public hearing. There being no one for or against this issue, Vice Mayor Motin closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 00-87 CASE # EV 00-7 TO VACATE A PORTION OF 212T~ AVENUE NW WITH THE FOLLOWING CONDITION: 1. THAT THE WINDSOR PARK HOMEOWNERS ASSOCIATION, WITH AMENDED LEGAL DOCUMENTS, MAINTAIN THE ISLAND. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Reauest bv Elk River Muffler & Brake for Preliminarv and Final Plat (Houles Addition), Public Hearina - Case No. P 00-16 Reauest by Elk River Muffler & Brake for Conditional Use Permit, Public Hearina - Case No. CU 00-36 . 6.6. Planner Steve Wensman stated that Elk River Muffler and Brake is requesting preliminary and final plat approval of HOllies First Addition located at 171 st Street NW at the Ulysses alignment. Mr. Wensman stated that the city is requiring that .39 acres of land be granted for additional 171 st Street right-of-way and for an extension of the Ulysses Street right-of-way. Mr. Wensman discussed drainage and utility easements and park dedication fees. Mr. Wensman also stated that Elk River Muffler and Brake is requesting a conditional use permit to construct a 6,000 square foot auto repair facility in the 11 zoning district. Mr. Wensman discussed issues of access, gas easement, wetlands, grading, drainage and erosion control, building elevations, parking, trails, landscaping, signs, garbage, outdoor storage, and lighting associated with the conditional use permit. Vice Mayor Motin opened the public hearing. . John Weicht 13330 Islandview Drive - Stated he did not agree with one of the conditions staff is requesting, which states that a permanent dumpster enclosure be constructed in a permanent location. Mr. Weicht stated that Elk River Muffler and Brake would be doing some future expansion on the permanent dumpster location and didn't want to tear out this permanent structure just to rebuild it again at a later date. Mr. Weicht stated that he would liketo put up a chain- linked fence with slats and then build a permanent structure after the future expansion is completed. Vice Mayor Motin closed the publiC hearing. City Council Minutes October 16, 2000 . Page 7 Councilmember Farber questioned the city taking of right-of-way without compensation. Council members voiced concerns regarding the screening of this dumpster location and the issue of debris escaping from this location. Director of Planning Michele McPherson stated that if a chain-linked fence is installed now and Elk River Muffler and Brake does not complete the future expansion, a permanent structure might not be installed. Ms. McPherson stated this could then become an enforcement issue in the future. COUNCILMEMBER THOMPSON MOVED TO APPROVE PRELIMINARY PLAT OF HOULES FIRST ADDITION WITH THE FOLLOWING CONDITIONS: . 1. THAT THE CITY ENGINEER'S COMMENTS BE ADDRESSED. 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 WITH SHERBURNE COUNTY. 3. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 4. THAT THERE BE ACCESS CONTROL ALONG THE 1715T FRONTAGE WITH ALL ACCESS FROM ULYSSES STREET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 00-88 GRANTING FINAL PLAT APPROVAL FOR HOULES FIRST ADDITION CASE NO. POO-16. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO CONSTRUCT AN AUTO REPAIR FACILITY WITH THE FOLLOWING CONDITIONS: 1. 2. 3. 4. 5. . 6. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT. THAT ADDITIONAL GOVERNMENTAL PERMITS BE OBTAINED, IF REQUIRED, FOR CONSTRUCTION IN THE DELINEATED WETLAND. THAT WRITTEN PERMISSION BE OBTAINED FROM NORTHERN NATURAL GAS FOR THE SITE DEVELOPMENT IN THE GAS LINE EASEMENT. THAT ALL PARKING STALLS BE A MINIMUM OF 9 FT X 18 FT (FACE OF CURB TO FACE OF CURB) WITH A MINIMUM DRIVE LANE OF 24 FT. PARKING SHALL BE ON PAVED SURFACES ONLY AND THERE WILL BE NO PARKING IN THE ULYSSES STREET RIGHT-OF-WAY. THE DUMPSTER SHALL BE LOCATED IN THE 50X20 ENCLOSURE NOTED ON THE SITE PLAN DATED 9/27/00 CONSTRUCTED OF CHAIN LINK FENCE WITH SLATS Ci1y Council Minutes October 16. 2000 Page 8 . AND ONCE EXPANSION OF THE BUILDING IS COMPLETED A PERMANENT DUMPSTER ENCLOSURE LOCATION BE CONSTRUCTED OF SIMILAR MATERIALS AS THE BUILDING ALONG WITH A GATE. 7. THAT OUTDOOR STORAGE BE LIMITED TO THE 1000 SF DUMPSTER / RECYCLING ENCLOSURE. 8. THAT THE SITE BE LANDSCAPED TO CONFORM TO CITY ORDINANCE. 9. THAT A LIGHTING PLAN BE PROVIDED THAT CONFORMS TO CITY ORDINANCE. 10. THAT AN AMENDMENT TO THE CONDITIONAL USE PERMIT BE OBTAINED PRIOR TO PHASE TWO OF THE SITE DEVELOPMENT. 11. THAT ACCESS TO THE PROPERTY BE LIMITED TO THE ULYSSES STREET RIGHT -OF- WAY. COUNCILMEMBER FARBER SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO CHANGE ITEM #6 TO READ AS FOLLOWS: . THE DUMPSTER SHALL BE LOCATED IN THE 5OX20 ENCLOSURE NOTED ON THE SITE PLAN DATED 9/27/00 CONSTRUCTED OF CHAIN LINK FENCE WITH SLATS. ONCE EXPANSION OF THE BUILDING IS COMPLETED A PERMANENT DUMPSTER ENCLOSURE LOCATION BE CONSTRUCTED OF SIMILAR MATERIALS AS THE BUILDING ALONG WITH A GATE. IT IS REQUIRED THAT THE TEMPORARY ENCLOSURE BE REPLACED WITH A PERMANENT ENCLOSURE WITHIN 5 YEARS IF THERE IS NO EXPANSION DONE. COUNCILMEMBER DIETZ SECONDED THE AMENDMENT. THE MOTION FAILED 2-2. Councilmembers Thompson and Farber opposed. Vice Mayor Motin called for the vote on the original motion. THE MOTION CARRIED 3-1. Councilmember Dietz opposed. 6.7. Reauest bv Sian Art Co. for aConditional Use Permit to Amend the Elk Park Center Planned Unit Develooment (PUD) Agreement to Allow a 2nd Wall Sian. Public Hearina - Case No. CU-34 Planner Steve Wensman stated that Sign Art Company, representing Caribou Coffee. is requesting a conditional use permit to amend the Elk Park Center PUD Sign Agreement to allow a second sign. Mr. Wensman stated that the Elk Park Center constructed new retail space in 1999 that faces to the north rather than the. east and has limited visibility. Vice Mayor Motin opened the public hearing. There being no one for or against this issue, Vice Mayor Motin closed the public hearing. . COUNCILMEMBER FARBER MOVED TO APPROVE CONDITIONAL USE PERMIT CU 00- 34, AMENDING THE ELK PARK CENTER PUD SIGN AGREEMENT AS FOLLOWS: City Council Minutes October 16, 2000 Page 9 . 2. CAPITAL LETTER SHALL BE NO LARGER THAN 32" HIGH; LOWER CASE LETTERS SHALL BE NO LARGER THAN 24" HIGH. SIGNS SHALL BE CENTERED OVER THE ENTRANCE DOORS TO THE TENANT SPACE, OR THE LEASED AREA, BUT IN NO CASE SHALL THEY EXTEND CLOSER THAN 3' - 4' FROM THE PROJECTED LEASE LINE. FOR CORNER TENANTS. A SECOND SIGN OF THE SAME SIZE. EXTENDING NO CLOSER THAN 3' - 4' FROM THE LEASED LINE OR THE CORNER. IS ALLOWED ON THE SECOND BUILDING FRONTAGE WALL. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. Reauest bv John Bunkers for Conditional Use Permit for Car Wash Detail Shop, Public Hearina - Case No. CU 00-38 Planner Steve Wensman stated that John Bunkers, owner of Dolphin Car Wash, is requesting a conditional use permit to allow a car wash detail shop at 568 Dodge Avenue. Mr. Wensman discussed issues concerning noise, hours of operation, easements, emergency vehicle access, landscaping, and parking. Council member Thompson questioned what the hours of operation would be for the detail shop. Vice Mayor Motin opened the public hearing. There being no one for or against this issue, Vice Mayor Motin closed the public hearing. . COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A CARWASH DETAIL SHOP WITH THE FOLLOWING CONDITIONS: 1. THAT THE EMERGENCY SERVICE VEHICLE EASEMENT BE POSTED "NO PARKING/FIRE LANE." 2. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE. 3. THAT A LANDSCAPE ISLAND BE ADDED ON THE NORTH SIDE OF THE PARKING LOT ADJACENT TO DODGE STREET. 4. THAT A SIGN PERMIT BE OBTAINED PRIOR TO ANY NEW SIGNS BEING INSTALLED ON THE PROPERTY. 5. THAT THE DETAIL SHOP BE CONDUCTED ENTIRELY WITHIN THE GARAGE. 6. THAT ADDITIONAL LANDSCAPING BE PROVIDED AS RECOMMENDED BY THE PLANNING DEPARTMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. . City Council Minutes October 16, 2000 Page 10 . 6.9. Request by Windsor Development for Final Plat Approval (Oak Hill-formerly known as Seven Oaks), Case No. P 99-9 . Planner Steve Wensman stated that Windsor Development L.L.P. is requesting final plat approval of Windsor Oak Hill, a 40-lot single-family residential subdivision in the R1 c zoning district. Mr. Wensman discussed issues relating to lot size, County Road 1 access, Landers Street access, grading, drainage and erosion control, landscaping and screening, and park dedication fees. COUNCILMEMBER FARBER MOVED APPROVAL OF RESOLUTION 00-89 GRANTING FINAL PLAT APPROVAL OF WINDSOR OAK HILL, CASE NO. P-99-9. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Reauest by Lyman Co. for Preliminarv Plat Approval (Meadowwoods Villaae), Public Hearina - Case No. P 00-13 Senior Planner Scott Harlicker stated that Lyman Company is requesting preliminary plat approval for Meadowwoods Village. Scott discussed issues concerning surrounding land uses, density, layout for streets and lots, open space. grading and drainage, landscaping, well and septic, park dedication fees and the planning commission meeting. Vice Mayor Motin opened the public hearing. . Jim Johnston, Lyman Development Company - Stated that his company has cooperated with staff and worked with the Elk River Sportsman's Club on trying to make this project a success. Matt Moberg, 20734 York Street - Mr. Moberg stated that he represents the gun club and their main concern is safety. Mr. Moberg stated that the gun club would like prospective buyers in this new development to receive literature that would inform them that the gun club is nearby. Bert Atkinson, 20734 York Street - Mr. Atkinson representing the gun club gave a brief history of the club. Deb Meyer, 20927 Elk Lake Road - Stated she was concerned about the impact. of development on schools. Ms. Meyer is worried about the safety of her family due to the proximity of the development entrance to her driveway. Ms. Meyer is concerned that the location of the septic system may cause contamination to her welL Ms. Meyer indicated a safety concern with the proximity of the development to the existing gun club. Roger Whiteoak, 20927 Elk Lake Road - Stated that he is concerned about trees being removed from the right-of-way. Mr. Whiteoak is concerned about safety and the county road access for this development. Vice Mayor Motin closed the public hearing. . Council member Farber questioned the usage of the cluster ordinance. Council member Farber felt that there is not enough of a buffer between this cluster development and Windsor Woods directly to the north, and that this area looks more like a high-density area. He further stated that the city does work with City Council Minutes October 16, 2000 Page 11 . the school district and that the school district has long been informed about the amount of development that is entering the city. Director of Planning Michele McPherson stated that if the gun club hadn't been on the south side of Meadowwoods Village development then there may not have been an issue of the two cluster developments located next to each other. Councilmembers Thompson and Farber asked that the County Road access and standards be looked at again before final plat approval. COUNCILMEMBER DIETZ MOVED TO APPROVE PRELIMINARY PLAT APPROVAL FOR MEADOWWOODS VILLAGE CONTINGENT UPON 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 BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE 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. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. 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. 9. A SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. . 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PROTECTED BY A DEED RESTRICTION TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A CONSERVATION EASEMENT HELD BY A QUALIFIED LAND TRUST. City Council Minutes October 16, 2000 Page 12 . 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 CLEARING OF TREES OR GRADING COMMENCING. 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 19. ALL SIDEWALKS, WOODCHIP TRAILS AND THE 10 FOOT WIDE BITUMINOUS TRAIL NORTH OF 209TH AVENUE SHALL BE INSTALLED BY THE DEVELOPER. 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. . 21. MAINTENANCE OF THE OUTLOTS, THE LANDSCAPED MEDIAN ON209TH AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL-DE-SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUL-DE-SAC ISLANDS AND 209TH STREET MEDIAN BE PLATTED AS OUTLOTS. 26. THE DEVELOPER PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXISTENCE OF THE GUN CLUB AND THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. 27. A 30' WIDE DRAINAGE AND UTILITY EASEMENT BE IN PLACE ALONG THE NORTH PROPERTY LINES OF LOTS 1-4 AND LOT 7, BLOCK 4, AND ALSO, DEED RESTRICTIONS BE INCLUDED THAT RESTRICT CUTTING OF TREES AND VEGETATION, AND THE PLACEMENT OF STRUCTURES WITHIN THAT EASEMENT. 28. ACCESS TO LOTS WITH FRONTAGE ON THE TRAFFIC CIRCLE SHOULD BE LIMITED TO THE STREETS FEEDING THE CIRCLE. . COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARR.IED 3-1. Council member Farber opposed. City Council Minutes October 16, 2000 Page 13 . 6.11 . Reauest bY Urista Real Estate, LLC for Preliminary Plat and Final Plat Aooroval (Meadow Park 2nd Addition), Public Hearina - Case NO. P 00-15 Senior Planner Scott Harlicker stated that Urista Real Estate is requesting to replat Outlot A Meadow Park, into a single platted lot. Mr. Harlicker discussed issues concerning lot size, access, grading, drainage, and utilities. Vice Mayor Motin opened the publiC hearing. There being no one for or against this issue, Vice Mayor Motin closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE PRELIMINARY PLAT FOR MEADOW PARK 2ND. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION. CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 00-90 GRANTING FINAL PLAT FOR MEADOW PARK 2ND CASE NO. POO-15 WITH THE FOLLOWING CONDITIONS: 1. ACCESS WILL BE LIMITED AND TEMPORARY FROM MAIN STREET WITH PERMANENT ACCESS TO THIS LOT FROM CARSON STREET. 2. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . 3. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.12. Reauest by Vanman Comoanies on behalf of LeFebvre Truckina Co. for Amendment to a Conditional Use Permit for Driveway Width in Excess of Maximum Allowed, Case No. CU 00-37 Senior Planner Scott Harlicker stated that LeFebvre Trucking Company is requesting an amendment to their conditional use permit to allow a 6Q-foot wide driveway. Vice Mayor Motin opened the publiC hearing. There being no one for or against . this issue, Vice Mayor Motin closed the public hearing. Councilmember Thompson directed staff to look at the ordinance requirements on driveway widths to determine if they should be restructured. COUNCILMEMBER FARBER MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT TO ALLOW A 60 FOOT WIDE DRIVEWAY FROM 1715T AVENUE WITH THE FOLLOWING CONDITIONS: . 1. NO OVERSIZED TRUCKS SHALL BE ALLOWED TO MAKE RIGHT TURNS INTO THE SITE FROM 1715T STREET. . . . City Council Minutes October 16. 2000 Page 14 2. ALL CONDITIONS OF THE PREVIOUSLY APPROVED CONDITIONAL USE PERMITS, CU 96-18 AND CU 98-29 SHALL BE COMPLIED WITH. 3. THE ENTRANCE SHALL BE STRIPED. 4. THE LANDSCAPING PLAN WHICH WAS APPROVED AS PART OF THE CONDITIONAL USE PERMIT SHALL BE COMPLETED BY MAY 31, 2001. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Other Business There was no other business 8. Staff Updates Councilmembers Motin and Thompson questioned how Morrell Companies got an 80' wide driveway. City Engineer Terry Maurer explained that due to the location of the railroad tracks, and in order to make the curbing line up correctly, the driveway ended up being wider. 9. Adiournment ~ There b.eing n. 0 further business, Vice Mayor Motin adjourned the meeting of the ... . t;.. Elk @~ Council at 10:35 p.m. . ~rd ~/ Recording Secretary