Loading...
06-21-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 21, 1999 Members Present: Mayor Klinzing, Council members Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Terry Maurer, City Engineer; Michele McPherson, Director of Planning; Scott Harlicker, Assistant Planner; Stephen Rohlf, Building and Zoning Administrator; Dave Sellergren, City Attorney Also Present: Tom Mesich, Planning Commission Representative 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 6:00 p.m. by Mayor Klinzing. 2. Consider Aaenda e The agenda was amended as follows: . Item 7.1 - moved to Item 5. . A correction was made to the memo of item 3.8, noting that the special council meeting is set for 7/12/99. COUNCILMEMBER FARBER MOVED TO APPROVE THE 6/21/99 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda Councilmember Motin discussed the issue under item 6.9 of the 5/17/99 minutes. He indicated that he thought a stipulation relating to tree replacement was part of the motion. After further discussion it was the decision of the council to approve the minutes as presented and to inform the developer of the council's wish regarding this tree replacement issue. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.10. 3.1b. 3.2. 5/17/99 COUNCIL MINUTES - APPROVED 6114199 CITY COUNCIL MINUTES - APPROVED REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT - CHAPTER 2, ADD SECTION 215 ESTABLISHING A HERITAGE PRESERVATION COMMISSION, PUBLIC HEARING CASE NO. OA 99-6 - POSTPONED TO 7119/99 e City Council Minutes June 21, 1999 Page 2 e 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT SECTION 900.08 - DEFINITIONS - HERITAGE PRESERVATION COMMISSION AND SITE, PUBLIC HEARING CASE NO. OA 99-7 - POSTPONED TO 7119/99 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT SECTION 900.10(1) - ESTABLISHMENT OF HERITAGE PRESERVATION SITE (HPS) OVERLAY ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99-8 - POSTPONED TO 7119/99 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT SECTION 900.12 - DEFINITIONS - HERITAGE PRESERVATION SITE OVERLAY ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99-9 - POSTPONED TO 7119/99 REQUEST BY MARC BAILEY FOR CONDITIONAL USE PERMIT FOR HOME OCCUPATION, PUBLIC HEARING CASE NO. CU 99-15 - WITHDRAWN REQUEST FOR EXEMPT GAMBLING PERMIT AND A REQUEST TO WAIVE THE 30 DAY WAITING PERIOD - RIVER RIDERS - APPROVED CALL SPECIAL MEETING OF COUNCIL FOR 7112/99 - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing introduced David Potvin, the city's new liquor store manager. 4.1. Boys and Girls Club Update e Councilmember Thompson updated the council on recent Boys and Girls Club activities including membership and fundraising. He indicated that the Bank of Elk River and the First National Bank have entered into a construction loan agreement. 4.2. Utilities Commission Update Councilmember Dietz referred the council to the June 8, 1999, Utilities Commission meeting minutes. 4.3. Community Recreation Commission Update City Administrator Pat Klaers updated the council on Community Recreation Board issues. He referred to the memo dated June 4, 1999, addressed to the Community Recreation Board Members. He stated that the memo reviewed the City Council's discussion of the future of the Community Recreation program At the June 14 Board meeting, three options for the future of the program were discussed. Councilmember Motin reviewed these options with the council. The City Administrator stated that this issue would be discussed by the council on June 28, when the Community Education Director is available for his presentation to the council. 4.4. Northstar Corridor Update Assistant Planner Scott Harlicker updated the council on the Northstar Corridor. He discussed legislation that was recently adopted. Councilmember Motin indicated his concern that at some point the cities will be responsible for some of the operating funds for this project. e City Council Minutes June 21, 1999 Page 3 e 4.5. East Elk River Proiect Update City Engineer Terry Maurer updated the council on east Elk River project issues. 4.5.a. Consider MnDOT Aqreement for riqht-of-wav City Engineer Terry Maurer reviewed the two agreements between MnDOT and the City of Elk River. He noted that one agreement allows the city to spend federal funds for right-of-way land acquisition on the east Elk River project. This agreement estimates that the city will expend up to $700,000, 80 percent of which is eligible for federal reimbursement. The other agreement pertains to the new railroad crossing at 171st Avenue. The agreement allows the city to spend up to $398,615 of which 80 percent is eligible for federal reimbursement. In both cases, the city will be responsible for the remaining 20 percent. COUNCILMEMBER MOTIN MOVED TO APPROVE THE MNDOT AGENCY AGREEMENT NO. 79058 WITH THE CITY OF ELK RIVER FOR FEDERAL PARTICIPATION IN THE RIGHT-OF- WAY/LAND ACQUISITION FOR S.P. 204-133-01, M.P. HPPMN51 (001) IN THE AMOUNT OF $700,000. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5.b. Consider MnDOT Aareement for Railroad Crossinq Improvements e COUNCILMEMBER MOTIN MOVED TO APPROVE THE MNDOT AGENCY AGREEMENT NO. 79059 WITH THE CITY OF ELK RIVER FOR FEDERAL PARTICIPATION IN RAILROAD FORCE CROSSING IMPROVEMENTS FOR S.P. 204-020-03, M.P. HPPMN51 (001) 398,615. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5.c. General The City Administrator updated the council on the right-of-way and property closings that are scheduled. 5. Open Mike 7.1. Discuss Drivewav at 20369 Meadowvale Road (Gary Martin) Director of Planning Michele McPherson reviewed the issue of Gary Martin's request for a driveway permit from Meadowvale Road. Discussion pursued as to whether or not it was the council's intention to allow Mr. Martin to construct a new driveway from Meadowvale Road. It was noted that Mr. Martin has begun construction of the driveway. . Mark Grimmer - 20446 Victoria Lane - Spoke on behalf of Joe Miske 20431 Meadowvale Road. In Mr. Miske's letter he indicated the reasons for not wanting Mr. Martin's driveway on Meadowvale Road. The main reason was that the driveway was too close to his driveway. He requested that either Gary Martin, or the city, screen his (Mr. Miske's) property from Mr. Martin's driveway. Mr. Grimmer indicated that he requested to upgrade his existing driveway off of Meadowvale Road, but has been denied a driveway permit by the county. City Council Minutes June 21, 1999 Page 4 . Steve Stoffers 14902 Victoria Lane - indicated that he did not believe it was the council's intention to approve the driveway for Mr. Martin. Councilmember Dietz indicated that the idea of a driveway onto Meadowvale Road was thought to be a solution prior to the adoption of the ordinance, which restricted trailers in residential areas. Councilmember Dietz indicated that he is in full support of Mr. Grimmer's driveway. Councilmember Thompson indicated he believes that Mr. Martin misrepresented both himself and the council (to the county) in an attempt to get the driveway permit. He questioned whether this would be grounds for the council to withdraw the permit. Council member Farber indicated he was in support of revoking the permit and that he supports Mr. Grimmer's request for a permit to upgrade his driveway. He requested staff to review the permit to determine if Mr. Martin is in violation of the city code. Tom Mesich, planning commission representative, stated that the current driveway is a dirt driveway and larger than allowed by ordinance. He suggested that the council ensure that the new driveway meets code. e The council directed staff to review the matter and to send a letter to Mr. Martin indicating that Mr. Martin must follow the permitting procedure and the requirements of the city to ensure the driveway has a dust-free surface and that the size also meets city code requirements. Councilmember Thompson indicated that he is not in favor of allowing a trailer to be parked on the driveway. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE ENGINEER TO SEND A LETTER TO THE COUNTY IN SUPPORT OF MR. GRIMMER'S APPLICATION FOR A DRIVEWAY PERMIT TO UPGRADE HIS DRIVEWAY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Councilmember Motin indicated that he would like more information regarding whether Mr. Grimmer should be allowed a driveway permit onto Meadowvale Road. COUNCILMEMBER MOTIN MOVED TO TABLE THIS MOTION. MAYOR KLINZING SECONDED THE MOTION. THE MOTION TO TABLE FAILED 2-3. Council members Thompson, Farber and Dietz opposed. Councilmember Thompson stated that he is in support of the motion because Mr. Grimmer has an existing driveway onto Meadowvale Road. THE MOTION CARRIED 4-0-1. Councilmember Motin abstained. e City Council Minutes June 21, 1999 Page 5 e 6.1 . Request bv City of Elk River for Zone Chanae, to Remove Certain Properties from the Wild and Scenic River Overlav Zonina District. Public Hearina Case No. ZC 99-4 6.2. Request bv City of Elk River for Ordinance Amendment. Section 906 - Wild & Scenic River Ordinance, Public Hearina Case No. OA 99-10 6.3. Request bv City of Elk River for Ordinance Amendment to Section 900.12 - Wild & Scenic River District Public Hearing Case No. OA 99-11 Building and Zoning Administrator Steve Rohlf indicated that the city is requesting amendments to the ordinance pertaining to the Wild and Scenic River. He explained that the DNR presented an ordinance which is incompatible with the city's comprehensive plan. Steve explained the process staff has followed to modify the DNR ordinance to make it compatible with the city's comprehensive plan. Steve Rohlf noted that staff has received several letters from businesses who are in support of the request to modify the ordinance. Steve also indicated that he received a letter from the DNR on June 16th that agrees with all of the city's recommended changes. Mayor Klinzing opened the public hearings for items 6.1, 6.2 and 6.3. e Renee Sande. oresident of Elk River Chamber of Commerce. 509 Hiahwav 10, indicated she has submitted a letter in support of staff's recommendations. Lvnn Caswell. 11801 Brentwood Lane, stated that on behalf of the Elk River Area Chamber of Commerce, he encourages the council to support the modification to the ordinance. Shari Emerson. director of ooerations for Guardian Anaels - indicated her support of staff recommendation. Darwin Uoton. Kennedv Transmission, strongly encouraged the council to support staff's recommendation. Robert Dare. Dare's Funeral Home, encouraged the council to support staff's recommendation. Ted Saxon. Saxon Motors, strongly encouraged the council to support staff's recommendation. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-18 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO REMOVE THEM FROM WSR (WILD AND SCENIC RIVER OVERLAY DISTRICT) CASE NO. ZC 99-4 AND THAT THE FORMAL DOCUMENT BE SUBMITTED TO THE DNR FOR INFORMATIONAL PURPOSES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0 e COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 99-19 AMENDING SECTION 906 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "WILD AND SCENIC City Council Minutes June 21. 1999 Page 6 e RIVER ORDINANCE" CASE NO 99-10 AND THAT THE FORMAL DOCUMENT BE SUBMITTED TO THE DNR FOR INFORMATIONAL PURPOSES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-20 AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT" CASE NO. OA 99-11. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 7:35 p.m. and reconvened at 7:47 p.m. 6.4. Heritaoe Landino Development Request for Land Use Amendment to Amend the Urban Service Area, Public Hearino Case No. LU 99-1 Director of Planning Michele McPherson reviewed staff report on this issue. She indicated that Heritage Landing Development is requesting a land use map amendment to remove property from the urban service district. The location of the request is Highway 10 and Waco Street NW. Michele noted that the Planning Commission reviewed and approved the request. Mayor Klinzing opened the publiC hearing. There being no one for or against the matter, Mayor Klinzing closed the publiC hearing. e Councilmember Dietz questioned whether there has ever been any other property removed from the urban service district. Pat Klaers stated that there has been no other similar requests. Pat Klaers explained that this property is an unusual situation as the city is looking at the realignment of Waco Street to the east and the extension of utilities would have to come from private property, not a public street. He felt that this unique situation would merit exclusion from the urban service area. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-42 WITH THE FOLLOWING STIPULATION: 1. THAT IF IN THE FUTURE THE APPLICANT WISHES TO RETURN TO THE URBAN SERVICE DISTRICT, THE APPLICANT SHALL BEAR THE COSTS OF PROVIDING SEWER AND WATER TO THE PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 6.5. Heritaoe Landing Development Reauest for Ordinance Amendment to Allow Mini Storaoe in C3 Zonina District Public Hearino Case No. OA 99-5 e Director of Planning Michele McPherson reviewed the staff report regarding this issue. She noted that Heritage Landing Development has requested an ordinance amendment to allow mini-storage as a conditional use in the C3, Highway Commercial zoning district. She indicated that the applicant is requesting to construct a mini-storage facility in a C3 zoning district located at Highway 10 and Waco Street. City Council Minutes June 21, 1999 Page 7 e Planning Commissioner Tom Mesich stated that the Planning Commission recommended denial of the request. The Planning Commission questioned whether a mini-storage was an appropriate highway commercial use and was concerned about the appearance of the gateways to Elk River if the ordinance amendment were approved. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Councilmember Motin indicated that he is opposed to the ordinance amendment due to his concern of the highway use in relation to the gateway of the city. Staff noted that there are four other parcels of property that would be affected by this request. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99- 21 AMENDING SECTION 900.10 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 99-5 WITH THE STIPULATION THAT STAFF PROVIDE STANDARDS FOR MINI STORAGE BUILDINGS IN THE C3 ZONE. MAYOR KLINZING SECONDED THE MOTION. Councilmember Motin stated that he opposes motion because this affects other locations which are also at entrances to the city. THE MOTION CARRIED 4-1. Councilmember Motin opposed. e 6.6. Marshall Concrete Products Request for Amendment To Conditional Use Permit No. CU 96-24 to Construct a Storage Garaae, Public Hearina Case No. CU 99-17 Director of Planning Michele McPherson reviewed the staff report on this issue. She stated that Marshall Concrete is requesting a conditional use permit amendment to allow the construction of a storage building. Mayor Klinzing opened the publiC hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT AMENDMENT REQUEST BY MARSHALL CONCRETE TO ALLOW THE CONSTRUCTION OF A STORAGE BUILDING. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Thompson stated that the original request for this building included a temporary building. He stated that if approval of this request allows the building to become a permanent situation then the stipulations in the conditional use permit would change. THE MOTION WAS WITHDRAWN BY COUNCILMEMBER MOTIN AND COUNCILMEMBER FARBER. e COUNCILMEMBER DIETZ MOVED TO POSTPONE THIS ISSUE TO THE JULY 19,1999, CITY COUNCIL MEETING TO ALLOW STAFF TO RESEARCH THE ISSUE REGARDING THE PERMANENCY OF THE BUILDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 21, 1999 Page 8 e 6.7. Request by Leeann Chin for Conditional Use Permit to Amend Elk Park Center PUD Aareement Regardina Sianaae, Public Hearina Case No. CU 99-21 Planning Assistant Scott Harlicker reviewed the staff report on this issue. He noted that Leeann Chin is requesting an amendment to the PUD agreement for Elk Park Center to allow additional wall signage on the awnings. Scott stated that both the Planning Commission and staff are recommending denial of the request. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST BY LEEANN CHIN FOR ADDITIONAL WALL SIGNAGE ON THE AWNINGS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Request by Elk River Ford Chrysler to Alter a Non-Conformina Sian, Case No. GP 99-5 e Director of Planning Michele McPherson reyiewed the staff report on this issue. She noted that Elk River Chrysler is requesting a permit to update their Chrysler signs at the dealership and to include "Jeep" on one of the signs. She explained that the ordinance allows two freestanding advertising signs and Chrysler currently has three signs. She further noted that the applicant's proposed new sign reduces the overall signage area on the site. She noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Scott Powell. owner of Elk River Ford Chrysler explained that the signs have been present for several years. He indicated that the request is a result of adding "Jeep" to the sign. There being no further comments regarding the issue, Mayor Klinzing closed the public hearing. Discussion was held regarding discrepancies in the city code relating to the sign ordinance. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST BASED ON THE FACT THAT IF THE SIGN IS NOT ALTERED IT WILL REMAIN ON THE PROPERTY, AND BASED ON THE FINDINGS IN SECTION 900.22 5B OF THE CITY CODE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Request by Stein Desian (Jeff Aanes) for Amendment to Conditional Use Permit No. CU 94-8 Reaardina Sianaae for Office Max, Public Hearina No. CU 99- 16 e Assistant Planner Scott Harlicker reviewed the staff report on this issue. He noted that Stein Design is requesting an amendment to the Elk Park Center PUD agreement to allow anchor tenant signage for Office Max. Scott noted that the current PUD agreement does not address signage for a third anchor tenant. He further explained that the request is for a wall sign with letters 7 feet tall and 52 feet City Council Minutes June 21, 1999 Page 9 e wide for a total of 364 square feet. Scott indicated that the Planning Commission and staff have recommended approval of the request. Mayor Klinzing opened the public hearing. Tim Princeton. Bradley Real Estate of Elk Park spoke to the request. There being no further comments on the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PUD TO ALLOW AN ANCHOR TENANT SIGN NOT TO EXCEED 364 SQUARE FEET OR NOT TO EXCEED 7 FEET IN HEIGHT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Reauest bv Stein DesiGn (Jeff AGnes) ReGardinG Amendment to Conditional Use Permit ReGardinG Additional Square FootaGe, Public HearinG Case No. CU 99-22 Assistant Planner Scott Harlicker reviewed the staff report on this issue. He explained that Stein Design is requesting a conditional use permit to amend the Elk Park Center PUD to allow the construction of a 6,372 square foot retail building on the north end of Building A. Scott explained that the amendment is due because this proposal is different than what was approved in the development plan. e Mayor Klinzing opened the publiC hearing. Tim Princeton of Bradley Real Estate stated that he concurs with most of staff's recommendations. Mr. Bradley spoke about tree placement stipulation and noted that one of the trees requested by staff is located near a fire hydrant and light stand. He noted that the tree would not survive in this location. Mr. Princeton also requested to have a certain area on the building be painted block as opposed to brick which was requested by staff. There being no further comments on the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY STEIN DESIGN TO AMEND THE ELK PARK CENTER PUD TO ALLOW CONSTRUCTION OF A 6,372 SQUARE FOOT BUILDING EXCLUDING THE TREE AND TO ALLOW BLOCK OPPOSED TO BRICK ON THE BUILDING EXTERIOR AND WITH THE FOLLOWING CONDITIONS: 1. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THAT THE DUMPSTER ENCLOSURE BE CONSTRUCTED OF A MATERIAL TO MATCH THE EXTERIOR OF THE BUILDING. 3. THAT ALL LANDSCAPED AREAS BE IRRIGATED. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 21, 1999 Page 10 e 6.11. Request bv Meadowvale Builders, Inc. for Final Plat Approval, Case No. P 99-5 Assistant Planner Scott Harlicker indicated that Meadowvale Builders have requested final plat approval for Meadow Townhomes. He stated that the plat consists of a 26 lot townhouse development located east of Meadowvale Road, south of 193rd Avenue and north of the Burlington Northern Railroad tracks. Scott reviewed the staff report on this issue. Scott noted that the final plat is consistent with the preliminary plat which was approved by the council on May 17. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-43 GRANTING FINAL PLAT APPROVAL FOR MEADOW TOWNHOMES CASE NO. P 99-5 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE FINAL PLAT. 4. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT. e 5. A 10 FOOT WIDE TRAIL BE INSTALLED ALONG MEADOWVALE ROAD WHICH MEANDERS THROUGH THE TREES AND V ARIES IN DISTANCE FROM MEADOWVALE ROAD IN ORDER TO PRESERVE THE TREES. 6. 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. 7. SURFACE WATER MANAGEMENT FEES TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. ALL NECESSARY WETLAND PERMITS BE OBTAINED PRIOR TO COMMENCING ANY WORK IN THE WETLANDS. 9. ALL NECESSARY WATER AVAILABILITY CHARGES BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS ALONG WITH A LATERAL WATER ASSESSMENT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100 PERCENT OF THE COSTS OF PUBLIC IMPROVEMENTS. 12. UPON COMPLETION OF THE IMPROVEMENTS AND ACCEPTANCE BY THE CITY e WARRANTY BOND IN THE AMOUNT OF 25 PERCENT OF THE IMPROVEMENTS SHALL BE SUBMITTED TO THE CITY FOR A PERIOD OF ONE YEAR. City Council Minutes June 21, 1999 Page 11 e 13. TREES THAT ARE TO BE PRESERVED SHALL BE MARKED, AND IF THE TREES DIE WITHIN TWO YEARS OF COMPLETION OF CONSTRUCTION, THE DEVELOPER SHALL REPLACE THOSE TREES WITH AN EQUAL NUMBER OF CALIPER INCHES OF TREES THAT MEET THE CITY'S REQUIREMENTS OF SIZE AND SPECIES AND THAT THE CONIFERS SHALL BE A MINIMUM OF 8 FEET, AND THAT ANY EXTRA CALIPER INCHES BE PLACED ELSEWHERE IN THE CITY AT THE DISCRETION OF CITY STAFF. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0 6.12. Request bv Dvnamics Desian & Land Co. for Final Plat Approval (Island View 5th Addition), Case No. P 99-7 Scott Harlicker reviewed the staff report on this issue. He indicated that Dynamic Design and Land Co. have requested final plat approval for Island View 5th Addition. The plat consists of 7 single family lots. Council member Motin questioned whether the issue of no future subdividing must be included in this motion. City Administrator Pat Klaers stated that this would be hard to enforce unless the applicant agreed with the condition. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-44 GRANTING FINAL PLAT FOR ISLAND VIEW 5TH ADDITION WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND e CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100 PERCENT 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 PERCENT 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 WITH SHERBURNE COUNTY. 5. A SEAL COAT FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. e 8. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. City Council Minutes June 21, 1999 Page 12 e 9. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. 10. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE PRESERVED. 11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 12. ALL MAILBOXES SHALL BE CLUSTERED. 13. 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. 14. APPROPRIATE EASEMENTS BE PROVIDED ON ALL LOTS INCLUDING THOSE AREAS THAT ARE SUBJECT TO PONDING, FLOODING OR WETLANDS. 15. SOIL BORINGS AND PERCOLATION TESTS WILL NEED TO BE PROVIDED WITH EACH BUILDING PERMIT APPLICATION. 16. A 30 FOOT TRAIL CORRIDOR BE PROVIDED BETWEEN LOT 1, BLOCK 2 AND LOT 1, BLOCK 3. A MINIMUM 10 FOOT WIDE PEDESTRIAN TRAIL BE INSTALLED BY THE DEVELOPER, AT THE SAME TIME AS THE STREET, WHICH CONNECTS THE CUL-DE-SAC WITH 189TH AVENUE. e 17. THAT THE TRAIL CORRIDOR IS INTENDED TO PROVIDE EMERGENCY ACCESS AND SHOULD BE DESIGNED AND CONSTRUCTED TO SPECIFICATION SET BY THE FIRE CHIEF. 18. THE TRAIL CORRIDOR SHALL BE LABELED AS AN OUTLOT. 19. THE STREET NAME AS RECOMMENDED BY THE CITY. 20. COVENANTS SHALL BE PLACED ON THE PROPERTY BY THE DEVELOPER THAT NO CONNECTION TO THE ROAD FROM THE NORTH OR TO THE WEST BE PERMITTED WITHOUT 100 PERCENT APPROVAL OF ALL THE RESIDENTS WITHIN THE ADDITION AND THE CLOSING OFF OF ISLAND VIEW EXCEPT FOR EMERGENCY ACCESS ONLY. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,13, Request bv D,R. Horton, Inc. for Final Plat Approval, Trott Brook Farms, Trott Brook Farms Second, Third and Fourth Additions, Case No. P 97-8 Scott Harlicker reviewed staff report on this issue. He explained that D.R. Horton is requesting final plat approval for the first four additions to Trott Brook Farms. He indicated that all final plats are consistent with the preliminary plats. e COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-45 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS CASE NO. 97-8 WITH THE FOLLOWING CONDITIONS: City Council Minutes June 21, 1999 Page 13 e 1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE INCORPORATED INTO THE PLAT. 2. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE; CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET FRONTAGE. 3. THAT THE DEVELOPER PROVIDE A PEDESTRIAN AND MAINTENANCE VEHICLE CORRIDOR TO OUTLET F FROM STREET N AS PER CITY ORDINANCE TO BE COORDINATED WITH A SEWER AND WATER CORRIDOR TO THE EAST OF THE PLAT. 4. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS A, F, J, 0, RAND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5 FEET ON THE GARAGE SIDE. 5. 6. 7. e 8. 9. 10. 11. 12. 13. 14. e ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITTED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL BE LARGER. A DEVELOPERS AGREEMENT AND PUD AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100 PERCENT OF THE COSTS OF PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 PERCENT OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 15. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes June 21, 1999 Page 14 e 16. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN ANY EASEMENTS. 18. ALL COMMENTS IN THE MEMO FROM STREET/PARK SUPERINTENDENT PHIL HALS SHALL BE INCORPORATED INTO THE PLANS. 19. ALL MAILBOXES SHALL BE CLUSTERED. 20. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND NEIGHBORHOOD SIGNS. Mayor Klinzing indicated she would be voting against the four final plats for Trott Brook Farms. She stated that the influx of population from these plats will be too great of an impact to the city at this time. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. e COUNCILMEMBER DIETZ MOVED TO RESOLUTION 99-46 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS SECOND ADDITION WITH THE SAME 20 STIPULATIONS THAT HAVE BEEN APPROVED FOR TROTT BROOK FARMS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-47 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS 3RD ADDITION WITH THE SAME 20 STIPULATIONS THAT HAVE BEEN,! APPROVED FOR TROTT BROOK FARMS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1 Mayor Klinzing opposed. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-48 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS 4TH ADDITION WITH THE SAME 20 STIPULATIONS THAT HAVE BEEN,! APPROVED FOR TROTT BROOK FARMS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1 Mayor Klinzing opposed. 6.14. Elk River Shoooina Center Co. Reauest for Preliminary & Final Plat Aoproval Elk River Plaza 4th Addition, Public Hearina Case No. P 99-8 Assistant Planner Scott Harlic~er indicated that Elk River Shopping Center has requested preliminary and finial plat approval for Elk River Plaza 4th Addition. The request involves the rePlattin~ of Lot 4, Block 2, Elk River Plaza into three lots. e City Council Minutes June 21, 1999 Page 15 e 6.15. North Memorial Health Care Reauest for Conditional Use Permit for Health Care Clinic Elk River Plaza 4th Addition, Public Hearina Case No. Cu 99-18 Assistant Planner Scott Harlicker noted that North Memorial Health Care has requested to amend the Elk River Plaza PUD to allow a 40,000 square foot medical clinic located at the northwest corner of the Elk River Mall. 6.16. David Olson Reauest for Conditional Use Permit for Drua Store - Elk River Plaza 4th, Public Hearina Case No. CU 99-19 Assistant Planner Scott Harlicker explained that David Olson has requested a conditional use permit to amend the Elk River Plaza PUD to allow a 15,000 square foot retail building. The specific request is to locate a drug store on the site. 6.17. David Olson Request for Conditional Use Permit for Restaurant - Elk River Plaza 4th, Public Hearinq Case No. CU 99-20 Assistant Planner Scott Harlicker indicated that David Olson has requested a conditional use permit to amend the Elk River Plaza PUD to allow a 13,000 square foot Class I restaurant and retail space. e Assistant Planner Scott Harlicker reviewed the staff reports on items 6.14 - 6.17. He explained that part of the existing mall will be demolished for these three buildings and noted that the main concern revolves around the shortage of parking spaces. He stated that the proposed redevelopment will result in a shortage of 279 parking spaces. He then explained that the redevelopment actually meets the required parking spaces, however, the theater was approved in 1997 with a shortage of 348 parking spaces. He noted that staff felt the parking would be adequate due to the fact that the medical and entertainment/dining uses compliment each other for use of the parking lot. Mayor Klinzing opened the public hearings for items 6.14,6.15,6.16, and 6.17. Jerry Peddler. Director of ProDertv DeveloDment for North Memorial Health Care, discussed the details explaining how the site was chosen. Rick Dahl. BWBR reviewed the architecture of the proposed facility. Lee Hoffman. Madison MarQuette. spoke about issues relating to parking and traffic. Dave Everson. Madison MarQuette. spoke about the parking issue and reviewed the weekend parking demand. e Courtney Kooch. RSP Architects spoke about addressing the planning commission concerns of the building being more of a residential style. He indicated that mansard roofs have been added at the ends of the building to address this concern. City Council Minutes June 21, 1999 Page 16 e There being no further comments on the matter, Mayor Klinzing closed the public hearing. PRELIMINARY PLAT COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR ELK RIVER PLAZA 4TH ADDITION CASE NO. 99-8 WITH THE FOLLOWING STIPULATIONS: 1. DRAINAGE AND UTILITY EASEMENT BE SHOWN ON THE PLAT PER ELK RIVER UTILITIES RECOMMENDATION. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. ALL NECESSARY CROSS PARKING AND ACCESS AGREEMENTS BE APPROVED BY THE CITY ATTORNEY AND RECORDED WITH SHERBURNE COUNTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0 FINAL PLAT COUNCILMEMBER MOTlN MOVED TO ADOPT RESOLUTION 99-49 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER PLAZA 4TH ADDITION WITH THE FOLLOWING STIPULATIONS: e 1. DRAINAGE AND UTILITY EASEMENT BE SHOWN ON THE PLAT PER ELK RIVER UTILITIES RECOMMENDATION. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. ALL NECESSARY CROSS PARKING AND ACCESS AGREEMENTS BE APPROVED BY THE CITY ATTORNEY AND RECORDED WITH SHERBURNE COUNTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. CONDITIONAL USE PERMIT FOR RETAIL BUILDING COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PUD TO ALLOW A 15,000 SQUARE FOOT RETAIL BUILDING WITH THE FOLLOWING STIPULATIONS: 1. WINDOWS AND TREES BE PROVIDED ALONG THE FRONT FACADE. 2. THE ACCESS BETWEEN BURGER KING AND THE DRIVE- THRU AISLE BE ELIMINATED AND LANDSCAPED. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. e 4. THE ELK RIVER PLAZA PUD AGREEMENT BE AMENDED TO ALLOW A 15,000 SQUARE FOOT RETAIL BUILDING AND SIGNAGE AS SHOWN ON THE APPROVED SITE PLAN. City Council Minutes June 21, 1999 Page 17 e 5. ALL WALL SIGNS SHALL REQUIRE A SIGN PERMIT AND COMPLY WITH THE ELK RIVER PLAZA PUD AGREEMENT. 6. THE LANDSCAPE PLAN BE APPROVED BY THE CITY. 7. COORDINATE THE FACADE OF THE DRUG STORE WITH THE CLINIC. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. CONDITIONAL USE PERMIT FOR RESTAURANT AND RETAIL SPACE COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PUD TO ALLOW A 13,000 SQUARE FOOT CLASS I RESTAURANT AND RETAIL SPACE WITH THE FOLLOWING STIPULATIONS: 1. THE ELK RIVER PLAZA PUD AGREEMENT BE AMENDED TO ALLOW THE 200 SEAT CLASS I RESTAURANT WITH ON-SALE LIQUOR AND 6,444 SQUARE FOOT RETAIL SPACE AS SHOWN ON THE APPROVED SITE PLAN. 2. THE MONUMENT SIGN BE INSTALLED AS SHOWN ON THE APPROVED SITE PLAN AND RECEIVE THE REQUIRED SIGN PERMIT. e 3. ALL WALL SIGNAGE COMPLY WITH THE ELK RIVER PLAZA PUD SIGN AGREEMENT AND RECEIVE THE REQUIRED SIGN PERMITS. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 5. THE LANDSCAPE PLAN BE APPROVED BY THE CITY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. CONDITIONAL USE PERMIT FOR MEDICAL CLINIC COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PUD TO ALLOW A 40,000 SQUARE FOOT MEDICAL CLINIC WITH THE FOLLOWING STIPULATIONS 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE ELK RIVER PLAZA PUD AGREEMENT BE AMENDED TO ALLOW THE MEDICAL CLINIC AND SIGNAGE AS PROPOSED. 3. LIGHTING STANDARDS AND LIGHTING PLAN BE APPROVED BY THE CITY. 4. THE LANDSCAPE PLAN SHALL BE APPROVED BY THE CITY. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 21. 1999 Page 18 e 7. Other Business There was no other business. 8. Staff Updates Pat Klaers advised the Council that capital improvements will be discussed at next week's Council meeting. Pat Klaers advised the council that department heads will be available for Y2K discussion at the July 12th council meeting. He further noted that NSP and Minnegasco will also be in attendance on July 12 to discuss a franchise agreement. The City Engineer updated the council on the School Street project. e Director of Planning Michele McPherson informed the council that the Planning Commission will be discussing cluster development at its next meeting. 9. Adiournment There being no further business, Mayor Klinzing adjourned the City Council meeting at 10: 10 p.m. ~~c.ft Sandra Peine City Clerk e