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02-16-1999 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 16, 1999 Mayor Klinzing, Councilmembers Dietz, Farber, Motin, and Thompson None Pat Klaers, City Administrator; Steve Wensman, Planner; Peter Beck, City Attorney; Terry Maurer, City Engineer; Jeff Asfahl, Community Recreation Director; Steve Rohlf, Building and Zoning Administrator; Cliff Skogstad, Building Official; Joni Pearson, Recording Secretary Judy Thompson, Planning Commission Representative 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 6:05 p.m. by Mayor Klinzing. 2. Consider 2/16/99 Aaenda e Planner Steve Wensman requested that item 6.8. be presented before item 6.7. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. e 3.8. 2/8/99 CITY COUNCIL MINUTES -- APPROVED REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE 9TH), P 98-5 (POSTPONED TO 3/15/99) -- APPROVED REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TH), ZC 98-7 (POSTPONED TO 3/15/99) -- APPROVED REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9TH) CU 98-21 (POSTPONED TO 3/15/99) -- APPROVED REQUEST BY OPPIDAN, INC. FOR AMENDMENT TO PUD AGREEMENT REGARDING SIGNAGE, PA 98-1 (POSTPONED TO 3/15/99) -- APPROVED REQUEST BY ART PETERSON FOR PRELIMINARY PLAT APPROVAL (STAR LIGHT ESTATES), P 99-3 (POSTPONED TO 3/15/99) -- APPROVED REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING OPEN SPACE SUBDIVISION REGULATIONS, OA 99-3 (POSTPONED TO 3/15/99) -- APPROVED REQUEST FOR TRANSIENT MERCHANT LICENSES FOR CW MARKETING -- APPROVED City Council Minutes February 16, 1999 Page 2 e 3.9. REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT (ELK RIVER CROSSING) P 98-8 (POSTPONED TO 3/8/99) -- APPROVED 3.10. REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR CONDITIONAL USE PERMIT, CU 98-26 (POSTPONED TO 3/8/99) -- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Boys & Girls Club Uodate Councilmember Thompson informed the council that the club's goals for fundraising have been achieved, and that the ground lease papers between the city and the club are near final form. He stated that the goal is to break ground on the project within 30 to 60 days. City Administrator Pat Klaers indicated that the final lease will be completed before ground breaking. He stated that the building department has not yet received materials from the contractor for a building permit (approximately 2 weeks processing time), and that the City Engineer's office is in need of drainage easements. 4.2. Community Recreation Uodate e Community Recreation Director Jeff Asfahl presented an update on recent activities of the Community Recreation organization, and discussed the goals of the organization as they gear up towards their summer program. Jeff informed the council that based on a daily log, there is indication that the usage of the Youthbound center has increased the past few months. He stated that though the numbers are not as great as hoped for, he believes the youth of the city is being served very well by the center. Jeff indicated that there may be a name change from "Youthbound" to one more acceptable to the older teens. He stated that this decision would be made by the youth governing body, provided that council has no objection. 4.3. Utilities Commission Uodate Council member Dietz provided an update on the February 16, 1999, Utilities Commission meeting. He stated that the primary discussion item was the contract with Connexus Energy, in which there is a 7% decrease in electric wholesale power purchases. 4.4. Northstar Corridor Uodate e County Administrator Dave Loch updated the council on the progress of the Northstar Corridor Development's Major Investment Study (MIS). Dave explained that as a part of moving into Phase II of the study, certain issues will be addressed such as: special studies that need to be completed, public involvement procedures, environmental clearance, engineering support, and coordination with BSNF. He stated that Phase II also looks at the highways in addition to tracks, and identifies upgrade needs and safety features. Dave indicated that cities involved and affected by the proposed commuter rail system would most likely be approached sometime in May regarding financial plans and implementation programs. City Council Minutes February 16, 1999 Page 3 e 4.5. Consider County Reauest Regardina City Fees for Jail Construction Proiect City Administrator Pat Klaers informed the council of the two requests made by the county regarding the jail construction project. He stated that the first issue is consideration of a reduction in the sewer availability charges (SAC) and water availability charges (WAC). He stated that this two-part request refers to the September 1998, 52 bed, double bunking project, and the 180 bed jail expansion project. Pat stated that the second issue requested is for a possible reduction in the building permit and plan review fees. Building Official Cliff Skogstad stated that in the past, the city has used the Metropolitan Waste Council's formula for determining SAC units in order to be consistent with most metropolitan areas. He went on to explain that when comparing a jail to an apartment or hotel, hotels pay an extra SAC/WAC fee for kitchen and laundry areas, whereas jails do not, therefore legitimizing the reason why hotel SAC charges had been reduced to .5 unit. Cliff stated that each 2 112 beds at the jail is considered one unit, and 2 1/2 beds are more than what is typically found in a motel room. However, in researching the issue, he stated that he found a jail being charged 1 unit for every 2 1/2 beds, (and not charged for their commercial kitchen or laundry), would then be more comparable to an apartment at a .8 unit. e Cliff further recommended that no reduction in building permit and plan check fees be provided. He stated that building permit charges should remain consistent for everyone, and the city should not set a precedent of lowering fees for special circumstances. He went on to say that in regard to the fees, it is appropriate to use the 1994 Table 1A instead of the 1997 Uniform Building Code Table 1A based on the early January city/county discussion on the expansion project. He stated that this would save the county approximately 11 % on their permit price, and would allow for consistency in other building applications. City Administrator Pat Klaers indicated that assuming the Utilities Commission agrees, the savings to the county for the 52 bed and the 180 bed projects would amount to 18.56 units, or $49,184 is savings on SAC/WAC fees. Council member Dietz stated that in Utilities Commission discussions, it was agreed that the Commission would support the decision made by the City Council on this issue. COUNCILMEMBER DIETZ MOVED TO APPROVE 2.5 JAIL BEDS AT A .8 SAC/WAC UNIT RATE, APPLYING TO THE 52 BED DOUBLE BUNKING PROJECT, AND THE 180 BED JAIL EXPANSION PROJECT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. No action was taken on the building permit and plan check fees. Fees charged to the county will be based on the January 5, 1999 rates. 4.6. CBD Visioning Uodate e Planner Steve Wensman reviewed with the council the process by which the visioning group for the Central Business District was formed. He stated that the group focuses on revitalization of the downtown area, with participants including City Council Minutes February 16, 1999 Page 4 e representatives of business, arts, the school, city staff, and local residents. He added that these people have formed work groups, lead by visioning consultant Theresa Washburn, to develop plans and strategies toward completion of a master plan for the Central Business District. Steve indicted that in March, Theresa will run a series of workshops to assist the work groups in their tasks. Council member Motin questioned the possibility of the visioning group approaching the council to request grants and contributions for the rebuilding of the historic downtown area. He stated that his concern is that the council has never been a part of the visioning process, and feels that the council does not have adequate information to form opinions and make decisions if approached with requests for funding. He added that it is his belief that the downtown area is not actually considered historic enough to warrant contributions for renovation. He questioned the likelihood of the group approaching the council for opinions and guidance. Planner Steve Wensman stated that the CBD visioning group is primarily a project of the Housing and Redevelopment Authority, and that it focuses mainly on preservation and redevelopment of the downtown area, based on the Economic Development Strategic Plan. City Administrator Pat Klaers suggested that if the council so wishes, a special joint meeting of the Housing and Redevelopment Authority and City Council may be called at which the visioning process may be presented. He stated that the next regular HRA meeting is scheduled for the 4th Monday in March. e 4.7. Eneray City Uodate - Video Building and Zoning Administrator Steve Rohlf presented a five minute video depicting the Energy House II, and other programs in which the city is involved, stressing the slogan "Environmental solutions that make economic sense". Steve informed the council of the Energy House II open house February 27 - March 21, 1999. 4.8. Research Former T ownshio Road Reauest by Cecilia Scheel Building and Zoning Administrator Steve Rohlf informed the council that staff has researched the status of a township road as requested by Cecilia Scheel. He stated that the issue raised involves concerns over the access to a farm field owned by Allen Kastendick. Steve indicated that staff was able to determine that the final road order by the Elk River Town Board vacated this road in February of 1968. He stated that with the former township road in that area being vacated, the issue of Mr. Kastendick's access to his field by way of property owned by others should be between the neighbors, and not a city issue. e Cecilia Scheel, informed the council that information she found indicates that the township road is actually referred to as a cartway in February 1882 records. She proceeded to explain that information indicated that an area laid out as a cartway can not be a township road, and furthermore, cartways can not be vacated until after 40 years. Cecilia stated that she is not anxious to have a road running across her yard, but would like to see her two neighbors have access to City Council Minutes February 1 6, 1999 Page 5 e their properties again. She said that simply replacing the culvert would allow usage and access to that road. City A Horney Peter Beck stated that he would investigate the issue of cartway versus township road, and report back to the council. 4.9. Consider Resolution Reaardinq Planned 17151 Railroad Crossina City Engineer Terry Maurer presented the resolution stating that the railroad crossings at 173rd Avenue, and the private crossing south of 171 st Avenue, will be closed as soon as the 1 71 st A venue railroad is open and operational. He stated that in addition, the railroad company wants the easement for the 173rd Avenue crossing, which will be closed, vacated within their right-of-way. Terry added that the crossing at 171 st will be built in April of 1999, and tied in after the road becomes operational in the year 2000. He stated that it would be after that time that the 173rd Avenue crossing would be closed. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION NO. 99-9 AUTHORIZING THE CLOSING OF THE RAILROAD CROSSING ON 173RD AVENUE AND THE PRIVATE CROSSING SOUTH OF 171ST AVENUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.10. Consider School Street Improvements - No Parkinq Resolution e COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION NO. 99-10 RELATING TO PARKING ISSUES ON SCHOOL STREET FROM PROCTOR AVENUE TO JACKSON AVENUE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.11. Modifications to Leaal Description in Covenant on Parkview Addition COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION NO. 99-11 AMENDING THE WETLAND COVENANT IN PARKVIEW ADDITION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.12. Wetland Conservation Act Decision - Tyler Street Extension, WCA 98-10 Building and Zoning Administrator Steve Rohlf informed the council of the city's proposal to fill 4.3 acres of wetland to accommodate the extension of Tyler Street from County Road 13 south to 1 71 51 Avenue. He explained that this new road would ultimately connect to US Trunk Highway 10 via an existing improvement to 17151 A venue. Steve stated that the project includes the creation of 7.5 acres of new wetland and 6.5 acres of public value credit that will be used as replacement for the wetland filled. COUNCILMEMBER FARBER MOVED TO APPROVE THE WETLAND CONSERVATION ACT DECISION FOR PROPOSED FILLING AND MITIGATION - TYLER STREET EXTENSION - WCA 98-10 WITH THE FOLLOWING STIPULATION: 1. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. e City Council Minutes February 16, 1999 Page 6 e AND WITH ACCEPTANCE OF THE FOLLOWING FINDINGS OF FACT BY THE BUILDING AND ZONING ADMINISTRATOR: 1. MSA, CONSULTING ENGINEERS DELINEATED THE WETLAND IN QUESTION. 2. THE TECHNICAL EVALUATION PANEL WAS CONVENED ON THIS ISSUE ON 9/24/98 AND AGAIN TO REVIEW MODIFICATIONS TO THE PLANS ON 10/15/98. 3. THE PLAN BY THE CITY OF ELK RIVER TO FILL AND REPLACE WETLANDS WAS FOUND ACCEPTABLE BY THE TECHNICAL EVALUATION PANEL AFTER MODIFICATIONS. 4. ON OCTOBER 23, 1998, THE CITY SENT OUT COMBINED NOTIFICATION OF THE PROPOSED FILLING AND REPLACEMENT PLAN TO THE NECESSARY AGENCIES. 5. RESPONDING TO CONCERNS RAISED BY SEVERAL GOVERNMENTAL AGENCIES, CITY STAFF MET ON SITE WITH THE US FISH & WILDLIFE SERVICE, MINNESOTA POLLUTION CONTROL AGENCY, MINNESOTA DEPARTMENT OF NATURAL RESOURCES, BOARD OF SOIL AND WATER RESOURCES, AND THE SOIL AND WATER CONSERVATIONS DISTRICT ON NOVEMBER 5, 1998. 6. MODIFICATIONS TO THE PLANS WERE MADE AND MAILED TO ALL INTERESTED PARTIES ON DECEMBER 8, 1998. 7. THE MODIFIED PLANS HAVE BEEN FOUND ACCEPTABLE BY ALL INCLUDING THE US ARMY CORPS OF ENGINEERS. e COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.13. Wetland Conservation Act Decision - Elk River Crossinq, WCA 98-12 Building and Zoning Administrator Steve Rohlf indicated that Associated Developers, Inc. is proposing to fill 2.5 acres of wetland to accommodate the commercial development of Elk River Crossing. He stated that to replace the wetlands requested to be filled, the developer is proposing to create 3.2 acres of new wetland, restore another 1.63 acres, and create .94 acres of wetland buffer. COUNCILMEMBER FARBER MOVED TO APPROVE THE WETLAND CONSERVATION ACT DECISION FOR PROPOSED FILLING AND MITIGATION - ELK RIVER CROSSING - WCA 98-12 WITH THE FOLLOWING STIPULATIONS: 1. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. 2. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT ALSO INCLUDE THE COST OF THE MITIGATION WORK. e 4. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO City Council Minutes February 1 6, 1999 Page 7 e RELEASE OF THE LETTER OF CREDIT. AND WITH ACCEPTANCE OF THE FOLLOWING FINDINGS OF FACT BY THE BUILDING AND ZONING ADMINISTRATOR: 1. MCCOMBS FRANK ROOS ASSOCIATES, INC. DELINEATED THE WETLANDS ON THE PROPERTY IN 1994. . 2. THE TECHNICAL EVALUATION PANEL WAS CONVENED ON THIS ISSUE ON 10/21/98. 3. THE PLANS FOR FILLING AND REPLACING WETLANDS ON THE PROPERTY WERE MODIFIED AS PER THE TECHNICAL EVALUATION PANEL'S RECOMMENDATIONS. 4. ON NOVEMBER 24, 1998, THE CITY SENT OUT COMBINED NOTIFICATION OF THE PROPOSED FILLING AND REPLACEMENT PLAN TO THE NECESSARY AGENCIES. 5. NO NEGATIVE COMMENTS WERE RECEIVED BY THE CITY ON THE PROPOSED WETLAND PLAN. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.14. Consider Environmental Assessment Worksheet for Elk River Crossinq e Building and Zoning Administrator Steve Rohlf indicated that the purpose of an environmental assessment worksheet (EA W) is to describe the project and gather information to identify any potential environmental effects. He stated that for Elk River Crossing, the City of Elk River is the Responsible Government Unit charged with determining through the EA W process, whether or not this project has significant potential to cause irreversible environmental effects. Steve stated that staff feels that the EA W accurately describes the project and sees no need for an Environmental Impact Statement (EIS) on the Elk River Crossing project. Steve indicated that he recommends approval for a negative declaration on the need for an (EIS) on the Elk River Crossing project, and approval of the resolution to this effect, which includes findings of fact for this decision. COUNCILMEMBER FARBER MOVED TO ACCEPT RESOLUTION NO. 99-12 REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE ELK RIVER CROSSING PROJECT WITH ACCEPTANCE OF THE INCLUDED FINDINGS OF FACT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Ooen Mike No one appeared for open mike. Reauest by Gordon Mire Jr. for Conditional Use Permit for Parkina of Semi Truck, CU 99-1 6.1. e Planner Steve Wensman indicated that applicant Gordon Mire, Jr. has requested a conditional use permit to park a semi-tractor on a residential (R1 a) property. Steve indicated that the applicant is applying for a conditional use permit in City Council Minutes February 16, 1999 Page 8 e order to comply with the new ordinance regulating parking and storage of large commercial vehicles in residential areas. The applicant has roughly 2.7 acres of land in the R1a district. The new ordinance requires a conditional use permit to park and store semi-tractors and trailers on property with less than 5 acres in the R 1 a zoning district. Steve stated that presently, the applicant is storing personal equipment and other items (lawn mowers, lawn furniture, snowmobiles, welding supplies etc.) adjacent to the house and in the yard. The applicant is prepared to remove unwanted debris to the city's spring clean-up, however, the city's code compliance officer, would like the remaining items to be contained indoors in a shed or garage. Mayor Klinzing opened the public hearing. I Gordon Mire, 17753 Fillmore street, stated that he is happy to oblige in seeking a conditional use permit for the parking of his semi-tractor, but fails to see the problem with the personal equipment and other items being stored adjacent to the house and in the yard. Mr. Mire indicated that he plans on removing debris in the spring, and questioned if the construction of a lean-to may suffice for the housing of his snowmobiles, lawn mowers, welding supplies, etc., as there have been no nuisance complaints filed against him. e City A Horney Peter Beck explained that it is possible that outside storage is not allowable use in that zone, and that it is not uncommon for a property to be brought into compliance with the city ordinance when an applicant is seeking a permit. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO CONTINUE THE REQUEST BY GORDON MIRE, JR. TO THE FEBRUARY 22 CITY COUNCIL MEETING, ALLOWING FOR INPUT FROM ENVIRONMENTAL CODE ENFORCEMENT OFFICER LAURIE MEZERA-KERR REGARDING THE OUTSIDE STORAGE ISSUE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Reauest by Dave Gracik, Meadowvale LLC, for Final Plat Approval (Hidden Creek), P 97-17 City Engineer Terry Maurer presented the request by Dave Gracik for final plat approval to subdivide approximately 4.6 acres into 1 single family residential lot and 2 outlots. He recommended that the request for Hidden Creek be approved with his amended conditions. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION NO. 99-13 GRANTING FINAL PLAT APPROVAL FOR MEADOWVALE, L.L.P. (HIDDEN CREEK) CREATING ONE (1) SINGLE FAMILY LOT AND TWO (2) OUTLOTS WITH THE FOLLOWING AMENDED CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. e City Council Minutes February 16, 1999 Page 9 e 2. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. DEVELOPER CONSTRUCT A 10' WIDE BITUMINOUS TRAIL AND INSTALL SANITARY SEWER ALONG MEADOWVALE ROAD AS PART OF MEADOWVALE TOWNHOUSE DEVELOPMENT. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10 PER LINEAR FOOT WILL BE CREDITED TO THE PARK DEDICATION REQUIREMENT FOR THE HIDDEN CREEK OUTLOT REPLAT. 5. THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO ANY GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ALL PERMIT SHALL BE PROVIDED TO THE CITY. 6. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL MAIN ASSESSMENT FOR LOT 1, BLOCK 1 AND THE OUTLOTS WHEN THEY ARE PLATTED. 7. THE DEVELOPER PAY TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT WHEN THE OUTLOTS ARE PLATTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Reauest by Windsor Development for Final Plat Approval (Lafayette Woods Third Addition), Public Hearina Case No. P 99-4 e Planner Steve Wensman presented the resolution for consideration granting final plat approval for Windsor Development's Lafayette Woods Third Addition to plat outlots A and B into 37 single family lots. He indicated that the property is located off Vernon Street NW and Tipton NW in Lafeyette Woods Subdivision. Mayor Klinzing opened the public hearing. Jim Hamilton, 19711 Rush Street, Lot 9, Ridgewood Homeowners Association, indicated that he is concerned with the fact that when the Lafayette Woods Third Addition was developed, all the trees in the park were removed. He stated that there is no longer a natural buffer between the two developments, and that liability is a big issue as it is impossible to control people walking through public park land into the Ridgewood private park. He stated that although residents would be happy with a buffer of pine trees, he believes that it may be necessary to construct a chain link fence along the north borders of this plat in order to prevent trespassing. Jim stated that the Ridgewood Homeowners Association feels this should be the responsibility of the developer, with maintenance provided by the Association. Council member Farber indicated that he would not be in support of setting a precedent for constructing fences between developments. He questioned if the Association might entertain the idea of planting larger pine trees in combination with faster growing trees in lieu of a fence. e City Council Minutes February 16, 1999 Page 10 e Mayor Klinzing questioned if this may actually be a city responsibility as the park is city property and deemed for public use. City Administrator Pat Klaers indicated that the developer wanted to clear the land of trees affected with oak wilt. He stated that the development plan may also have called for grading and excavation in this area. Gene Wipf, president of the Ridgewood Homeowners Association, stated that he does not believe that this is the responsibility of the city, due to the fact that the developer was instructed by the city to converse with the Association before development began. He stated that the developer never contacted the Association, and that everyone (including the former Mayor) was shocked when the natural woods had been completely removed. He further stated that in early discussions with the developer, he indicated to the Association that there would be a natural buffer left between the developments. He stated that there has been a complete lack of cooperation from the developer in all aspects of the issue. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned the timing involved if the city were to indicate to the developer that the final plat will be held up until the buffer concerns are addressed. e City Attorney Peter Beck stated that the city has 120 days from the receipt of the application to take action on the final plat, and since the request has gone through normal process thus far, there should be no concern in continuing the issue. COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE REQUEST BY WINDSOR DEVELOPMENT FOR FINAL PLAT APPROVAL (LAFAYETTE WOODS THIRD ADDITION) P 99-4, TO THE MARCH 15, 1999, CITY COUNCIL MEETING WITH THE CONDITION THAT THE DEVELOPER SUBMIT A DETAILED BUFFER PLAN AGREED TO BY THE RIDGEWOOD HOMEOWNERS ASSOCIATION AND THAT IS ACCEPTABLE TO THE CITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Council member Motin indicated that he would like the developer to address the width of the buffer area as well. 6.4. Request by Tony Emmerich for Preliminarv and Final Plat Approval (Countrv Crossinq Business Center 3rd), P 99-2 Planner Steve Wensman presented the request by Tony Emmerich of Country Ridge Inc. for preliminary and final plat approval of Country Crossing Business Center Third Addition. He stated that the property is located on the northwest corner of Joplin Street NW and 183rd Avenue NW, Country Crossing Business Center Second Addition, Outlot A. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. e COUNCILMEMBER MOTIN MOVED TO APPROVE. RESOLUTION NO. 99-14 GRANTING PRELIMINARY AND FINAL PLAT APPROVAL TO TONY EMMERICH OF COUNTRY RIDGE City Council Minutes February 16. 1999 Page 11 e INC. FOR COUNTRY CROSSING BUSINESS CENTER THIRD ADDITION, P 99-2 WITH THE FOLLOWING CONDITIONS: 1. THAT A BUFFER STRIP CONSISTING OF EARTH BERMING AND PLANTING BE INSTALLED ALONG 183RD AVENUE AND ALONG SANDPIPER ESTATES SUBDIVISION (ADJACENT THE RESIDENTIAL PROPERTY) AT THE TIME THE PARCELS ARE DEVELOPED. 2. THAT VEHICULAR ACCESS BE LIMITED TO BUSINESS CENTER DRIVE. 3. THAT THE DEVELOPMENT OF THE LOTS FOLLOW THE APPROVED DRAINAGE PLAN FOR THE COUNTRY CROSSING BUSINESS CENTER. 4. THAT EASEMENTS FOR UTILITIES BE PROVIDED FOR AT THE TIME SEWER AND WATER ARE EXTENDED INTO THE SITE FOR DEVELOPMENT AS RECOMMENDED BY THE CITY ENGINEER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by LeFebvre Companies, Inc. for RezoninQ, ZC 98-12 Planner Steve Wensman presented the staff report for the rezoning (Item 6.5.), preliminary and final plat (Item 6.6.) and conditional use permit (Item 6.8.). e Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE ORDINANCE NO. 99-8 APPROVING THE REZONING OF LI (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE LI (LIGHT INDUSTRIAL) LAND USE FOUND IN THE COMPREHENSIVE PLAN. 2. TIMES AND CONDITIONS ARE SIMILAR TO THE ADJACENT REZONING FROM 11 TO PUD, AND THE APPLICANTS BUSINESS HAS GROWN. 3. THE PROPOSED REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITHIN THE URBAN SERVICE AREA. 4. THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by LeFebvre Companies, Inc. for Preliminary and Final Plat (Leon LeFebvre Second Addition), P 98-9 Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. e City Council Minutes February 1 6, 1999 Page 12 e COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST BY LEFEBVRE COMPANIES FOR PRELIMINARY AND FINAL PLAT TO CREATE AN INDUSTRIAL LOT TO BE COMBINED TO THE ADJACENT LEON LEFEBVRE ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE DEVELOPERS AGREEMENT BE AMENDED, SIGNED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED, SIGNED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A TEMPORARY EASEMENT FOR CONSTRUCTION OF SEWER AND WATER BE GRANTED TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE EXISTING DRAINAGE AND UTILITY EASEMENT BETWEEN LOT 1, BLOCK 1 AND OUTLOT A BE VACATED PRIOR TO RELEASING THE PLAT FOR RECORDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Request by LeFebvre Companies, Inc. for Amendment to PUD Conditional Use Permit, CU 98-29 e Mayor Klinzing opened the public hearing. Bob Strong, representing LeFebvre Companies, stated that he agrees with the city ordinance which suggests the planting of a certain number of trees on the 7.51 acre site. He recommended that although the trees will be planted according to code, it may be more prudent to use smaller shrubs rather than large trees near the street, due to visibility issues. He stated that Furniture and Things and LeFebvre Trucking already reside in a recessed area, and he would not advise creating a hazard with large trees on a busy street. There being no further comments, Mayor Klinzing closed the public hearing. Planner Steve Wensman pointed out that one of the conditions of the conditional use permit amendment is that a landscape plan be submitted that conforms to the requirements of the Elk River zoning ordinance, and this plan need to include an additional 7 deciduous overstory trees and 4 ornamental trees prior to releasing the plat for recording. He stated that there is simply a discrepancy in the site plan submitted and what the city ordinance requires, and in the case of location of the trees being a visual hazard, those particular trees are left to the discretion of the LeFebvre Companies. He stated that staff's main concern is that the trees be planted to provide a screen from the future parking area, and that the site plan submitted by LeFebvre Companies is certainly acceptable provided they abide by the City Code. e Following council discussion, it was decided that amendments to the conditions on the conditional use permit would be appropriate considering that no trees/landscaping is necessary along the railroad tracks. City Council Minutes February 1 6, 1999 Page 13 e COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY LEFEBVRE COMPANIES FOR A CONDITIONAL USE PERMIT AMENDMENT TO INCLUDE THE 7.51 ACRE SITE WITH THE FOLLOWING AMENDED CONDITIONS: 1. THE APPLICANT MUST SIGN A DOCUMENT GRANTING A TEMPORARY EASEMENT TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL. 2. THAT THE LANDSCAPE PLAN AS SUBMITTED BY LEFEBVRE COMPANIES BE INSTALLED WITHIN ONE YEAR FOLLOWING THE COMPLETION OF THE EAST ELK RIVER IMPROVEMENTS. 3. THAT THE SITE PLAN BE AMENDED TO INCLUDE A B6-12 CONCRETE CURB AND GUTTER FROM ENTRANCE DRIVE ON 171sT AVENUE NW (SHOWN AS BITUMINOUS) ALONG THE PERIPHERY OF EXISTING PARKING WHERE THE PARKING FRONTS ON THE PUBLIC RIGHT-OF-WAY, EXCEPT WHERE THE PARKING IS ADJACENT PROPOSED FUTURE PARKING. 4. THAT NO SECOND ACCESS BE ALLOWED ONTO 171 ST AVE. NW. 5. THAT CONCRETE CURB AND GUTTER BE ADDED TO THE FUTURE PARKING AREA WHEN THAT AREA IS USED FOR PARKING. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by LeFebvre Companies, Inc. for Easement Vacation, EV 98-8 e The staff report on this proposal was presented by Planner Steve Wensman. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST BY LEFEBVRE COMPANIES, INC. TO VACATE THE DRAINAGE AND UTILITY EASEMENTS ON LEON LEFEBVRE ADDITION, LOT 1, BLOCK 1 AND OUTLOT B WITH THE FOLLOWING CONDITION: 1. THAT THE EASEMENT VACATION BE CONTINGENT ON THE PLATTING OF LEON LEFEBVRE SECOND ADDITION WITH TEN (10) FOOT DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.1. Director of PlanninQ and Assistant Director of Economic Development Employment Search Updates e City Administrator Pat Klaers informed the council that Jim Brimeyer has received 20 applications for the Director of Planning position, 11 of which merited pursuing. In addition, there are 35 applicants for the Assistant Director of Economic Development position. Mr. Brimeyer indicated that it looks quite promising at this point for both positions. e e e City Council Minutes February 1 6, 1999 Page 14 7.2. Discuss County Board Joint Meetina 12/23/99) Aaenda City Administrator Pat Klaers reviewed agenda topics for the County Board joint meeting scheduled for February 23, 1999, 6:00 p.m., at City Hall. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:25 p.m. Joni Pearson Recording Secretary