10-11-1999 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 11, 1999
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Members Present:
Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and
Motin
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele
McPherson, Director of Planning; Terry Maurer, City Engineer; Peter
Beck, City Attorney; Steve Wensman, Planner; Lori Johnson,
Finance Director
1. Call Meetino To Order
Pursuant to due call and notice thereof. the meeting of the Elk River City Council
was called to order at 6:30 p.m. by Mayor Klinzing.
2. Consider Agenda
Item 5.40., Final Plat for Preserve Estates, was added to the agenda.
COUNCILMEMBER FARBER MOVED TO APPROVE THE 10/11/99 CITY COUNCIL
AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
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3.
Consider Consent Aoenda
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1. 9127/99 CITY COUNCIL MINUTES - APPROVED
3.2. CHECK REGISTER - APPROVED
3.3. RESOLUTION 99-72 EXTENDING THE TERM OF THE CABLE FRANCHISE-
APPROVED
3.4. TOBACCO LICENSE FOR DONALD SHAFLlN TO SELL TOBACCO AT TEX PLEX,
335 LOWELL AVENUE - APPROVED
3.5. REQUEST TO PURCHASE A TREADMILL FROM PUSH, PEDAL, PULL IN THE
AMOUNT OF $4,094 FOR THE WELLNESS ROOM - APPROVED
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4. Presentation bv Senator Ourada and Representative Anderson
Senator Ourada and Representative Anderson addressed the council and
questioned whether they had any specific concerns about the last legislative
session or the upcoming legislative session. Discussion was held by the council
regarding several issues of concern including local government aid, electric
deregulation, elimination of sales tax, the bleacher law, amortization, and
additional financial support for the city and school district.
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Senator Ourada and Representative Anderson thanked the council for its input
and the opportunity to address the City Council.
Elk River City Council Minutes
October 11. 1999
Page 2
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Council member Motin declared that he had a conflict of interest relating to Items 5.1.,
5.2., 5.3., 5.4., and 5.4a., and therefore stepped down from the council dais for these
items.
5.1. Reauest bY Bridaeland Development Company for Wetland Conservation Act
Decision, Case No. WCA 99-6
Planner Steve Wensman indicated that Bridgeland Development is proposing to
fill portions of two wetlands to accommodate the residential development of
Preserve Estates. He noted that the property is located in a shoreland district.
5.2. Request bv Bridaeland Development Company for Rezonina, Rl a to PUD, Public
Hearina Case No. ZC 99-7
Planner Steve Wensman indicated that Bridgeland Development is proposing to
develop a 74.7 -acre parcel located north of Oak Meadows subdivision, south of
Knollwood, east of Tyler Street and west of Trott Brook. The developer is
proposing to rezone the property to planned unit development CPUD), which is
allowed by the shoreland ordinance.
5.3.
Request by Bridaeland Development Company for Preliminary Plat Preserve
Estates, Public Hearing Case No. P 99-10
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Planner Steve Wensman indicated that Bridgeland Development is proposing to
develop a 74.7-acre parcel into 27 once acre single-family residential lots with 50
percent of the site being open space. Steve noted that the open space will be
protected from further development by a conservation easement held in
common by a homeowners association.
5.4.
Request by Bridaeland Development Company for Conditional Use Permit Public
Hearina Case No. CU 99-30
Planner Steve Wensman indicated that a conditional use permit is required by the
planned unit development ordinance for this development.
5.4a. Request by Bridaeland Development Company for Final Plat for Preserve Estates
Planner Steve Wensman noted that Bridgeland Development Company is
requesting final plat approval for Preserve Estates, which consists of a 27 lot single-
family residential development on 74.7 acres.
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Planner Steve Wensman reviewed the staff reports on these items. He noted that
the Park and Recreation Commission recommended a cash donation to meet
the park dedication requirements. Steve Wensman reviewed the Planning
Commission concerns. He stated the Planning Commission recommended an
additional ten feet be added to the drainage and utility easements to be used
for trail purposes. He further noted the Planning Commission requested to reduce
the number of lots from 27 to 24. Steve Wensman indicated staff does not concur
with the Planning Commission's concerns regarding density and the
recommendation to reduce the number of lots.
Planning Commission Representative Judy Thompson reviewed the Planning
Commission's concerns.
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Elk River City Council Minutes
October 11. 1999
Page 3
Mayor Klinzing opened the public hearing for items 5.2., 5.3., and 5.4.
The civil engineer, attorney, and developer for the project spoke to the council
regarding the development issues.
There being no further comments, Mayor Klinzing closed the public hearings.
WETLAND MITIGATION (5.1.).............
COUNCILMEMBER FARBER MOVED TO APPROVE THE PROPOSED FILLING AND
MITIGATION PLAN FOR PRESERVE ESTATES PLAT REQUESTED BY BRIDGELAND
DEVELOPMENT 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.
4.
THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THE MITIGATION WORK IS
COMPLETED AND THAT THE REPORT BE APPROVED BY CITY STAFF PRIOR TO
THE RELEASE OF THE LETTER OF CREDIT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
ZONE CHANGE (5.2.)............
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-31, AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A, SINGLE
FAMILY RESIDENTIAL, TO PUD, PLANNED UNIT DEVELOPMENT,lNVOlVING CASE NO.
ZC 99-7 (BRIDGELAND DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS:
1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF
DEVELOPING THE PROPERTY.
2. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION
DESIGN.
3. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE
SHORELAND ORDINANCE.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Elk River City Council Minutes
October 11. 1999
Page 4
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PRELIMINARY PLAT (5.3.)............
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT OF
PRESERVE ESTATES REQUESTED BY BRIDGELAND DEVELOPMENT WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT AND PUD AGREEMENT BE PREPARED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS.
2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT WRITTEN APPROVAL IS OBTAINED FROM THE APPLICABLE PROPERTY
OWNERS, PRIOR TO GRADING OFF SITE ON PRIVATE PROPERTY.
4. THAT SOIL BORINGS BE CONDUCTED ON LOTS AS REQUIRED BY THE CITY
ENGINEER PRIOR TO FINAL PLAT TO ENSURE SUITABILITY FOR SEPTIC SYSTEMS.
5. THAT SEPTIC AREAS BE FENCED DURING CONSTRUCTION TO PREVENT
COMPACTION.
6. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED, SUBJECT TO THE
CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING WITH SHERBURNE COUNTY.
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7. THAT THE DNR REVIEW AND APPROVE THE HOMEOWNERS ASSOCIATION
MAINTENANCE AGREEMENT FOR INDIVIDUAL SEPTICS PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY.
8. THAT THE OPEN SPACE CONTAINED IN OUTLOTS A & B BE PERMANENTLY
PROTECTED WITH A CONSERVATION EASEMENT AND RECORDED AT THE SAME
TIME AS THE FINAL PLAT.
9. THAT THE HOMEOWNERS ASSOCIATION DOCUMENTS INDICATE THAT THE
OUTLOTS IN THE DEVELOPMENT ARE OWNED IN COMMON BY ALL RESIDENTS OF
THE DEVELOPMENT.
10. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
11. THAT A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF PUBLIC IMPROVEMENTS.
12. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED
BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE
IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE-YEAR
PERIOD.
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13. 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.
14. 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.
Elk River City Council Minutes
October 11. 1999
Page 5
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15. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
16. THAT ANY TREES TO BE PROTECTED WITHIN THE LIMIT OF GRADING OR OFF-SITE,
BE FENCED TO THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR
STORAGE OF DEBRIS OR EQUIPMENT.
17. ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO ACCOMMODATE
A 70 'X 50' BUILDING PAD AND A DISTANCE OF 30 FEET BETWEEN THE HOUSE
AND ANY WETLAND.
18. A SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH
SHERBURNE COUNTY.
19. A LANDSCAPE PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. THE LANDSCAPE
PLAN SHALL INCLUDE FRONT YARD AND BOULEVARD TREES AND LANDSCAPE
SCREENING AS REQUIRED BY ELK RIVER CITY ORDINANCE.
20. THAT A TEMPORARY CUL-DE-SAC IS INSTALLED AT THE NORTH END OF POLK
STREET NW IN THE PLAT AND AN EASEMENT BE DEDICATED FOR THE TEMPORARY
CU- DE-SAC.
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21. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE SHALL BE AS
FOLLOWS:
FRONT YARD
SIDE YARD
GARAGE SIDE
REAR YARD
35 FEET
20 FEET
20 FEET
30 FEET
22. ACCESSORY STRUCTURE SETBACKS SHALL BE:
FRONT YARD
SIDE YARD
REAR YARD
35 FEET
20 FEET
30 FEET
23. THAT WETLAND MITIGATION BE FINALIZED PRIOR TO CITY REVIEW OF THE
PRELIMINARY PLAT.
24. THAT AN ADDITIONAL 10 FEET BE ADDED TO THE DRAINAGE AND UTILITY
EASEMENTS EAST OF TYLER, WHICH MAY BE USED FOR TRAIL PURPOSES.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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CONDITIONAL USE PERMIT (5.4.)..........
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY BRIDGELAND DEVELOPMENT TO ALLOW A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AS REQUIRED BY THE PUD ORDINANCE WITH THE SAME
CONDITIONS AS LISTED WITH THE PRELIMINARY PLAT. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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October 11, 1999
Page 6
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FINAL PLAT (5.40.)...........
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-73, GRANTING
FINAL PLAT APPROVAL FOR PRESERVE ESTATES, CASE NO. P 99-10.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Council member Motin returned to the council dais at this time.
5.5. Reauest bv Windsor Development for Final Plat Approval, Lafavette Woods 4th
Addition, Case No. P 99-11
Planner Steve Wensman indicated that a request has been made for final plat
approval for Windsor Development, Lafayette Woods 4th Addition. Steve
Wensman noted that Lafayette Woods 4th Addition is the final phase of the
Lafayette Woods subdivision. The fourth addition consists of 38 single-family lots,
making the entire Lafayette Woods addition 201 single-family residential lots.
Steve Wensman reviewed the staff report on this issue. He noted that the
developer had an issue regarding the park dedication fee requirement because
park dedication fees were increased during the platting process of the Lafayette
Woods 2nd Addition.
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Developer Ron Bastyrrequested that the council consider charging park
dedication fees at the same rate that was paid at the final platting of Trott Brook
Farms Third Addition. Ron Bastyr noted that besides paying park dedication fees,
he has also deeded the city 25 percent of his land for park purposes.
Councilmember Dietz indicated that he would prefer to table the issue until he
can hear a recommendation from the Park and Recreation Commission in regard
to the park property that was deeded to the city.
The City Council recessed at 8:05 p.m. to allow staff to research the February 22,
1999, minutes relating to park dedication fees. The City Council reconvened at
8:10 p.m.
The Council reviewed the February 22, 1999, minutes pertaining to the park
dedication issue. The minutes state the following: "The residential park fee shall
be $900 and no trail fee shall apply provided that the preliminary plat has been
approved by the city council on or before February 22, 1999, and the final plat
submitted within one year from the preliminary plat approval date. " It was noted
that Lafayette Woods Fourth Addition did not meet the requirement stated in the
minutes.
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COUNCILMEMBER THOMPSON MOVED TO TABLE THIS ISSUE TO THE OCTOBER 18,
1999, CITY COUNCIL MEETING IN ORDER TO ALLOW THE PARK AND RECREATION
COMMISSION TO MAKE A RECOMMENDATION TO THE COUNCIL REGARDING THE
PARK LAND THAT HAS BEEN DEEDED TO THE CITY IN ADDITION TO PARK DEDICATION
FEES. COUNCILMEMBER MOTlN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
Elk River City Council Minutes
October 11. 1999
Page 7
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5.6.
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2.
3.
4.
5.
6.
6.
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Morrell Parkina Lot 809 Jackson Avenue
Director of Planning Michele McPherson indicated that staff has researched the
issue of allowing temporary commercial parking at the Morrell parking lot located
at 809 Jackson Avenue. Michele indicated that after researching the issue, staff
has come up with four options. She reviewed the four options as stated in her
memo to the Mayor and City Council dated October 7, 1999. She
recommended that the City Council issue a general planning permit for the
parking lot for the 1999-2000 school year and consideration be given to an
ordinance amendment to allow interim uses, which this request would fall under
following the 2000 school year.
Discussion was held by the council regarding the general planning permit process
versus the interim use permit process. The Council discussed the necessity of
requiring fencing along School Street in order to direct pedestrian traffic toward
the School Street/Jackson Avenue intersection. It was the consensus that some
type of barrier should be provided to discourage jaywalking. Following discussion
of this item, it was the consensus of the council that a general planning permit be
required at this time. The Council then directed staff to begin the process of
amending the ordinance to allow interim uses.
COUNCILMEMBER FARBER MOVED TO APPROVE A GENERAL PLANNING PERMIT FOR
THE MORRELL PARKING LOT AT 809 JACKSON AVENUE TO ALLOW PARKING FOR THE
1999-2000 SCHOOL YEAR WITH THE FOLLOWING CONDITIONS:
THAT THE PARKING LOT MEET THE TEN FOOT SETBACK FROM THE PROPERTY
LINES.
THE ENTRANCE FROM SCHOOL STREET BE CLOSED AND VEHICULAR ACCESS
TO THE PROPERTY BE LIMITED TO JACKSON AVENUE.
THE SURFACE OF THE LOT BE CLASS 5.
LANDSCAPING BE INSTALLED ALONG JACKSON AVENUE AND SCHOOL
STREET BE REVIEWED IN THE SPRING.
SOME TYPE OF ECONOMICAL FENCING BE INSTALLED ALONG SCHOOL
STREET AT LEAST UNTIL THE END OF THE SCHOOL YEAR.
THE APPLICANT PROCESS AN INTERIM USE PERMIT FOR FUTURE YEARS AFTER
THE CITY AMENDS THE ORDINANCE FOR INTERIM USES.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Open Mike
Mr. Bruce Turner, 18776 Cleveland Avenue, stated that he lives in an agricultural
area that is marked as a no gun zone. He indicated he has spoken to the police
chief regarding this issue and the police chief has requested that he bring his
concern to the council. He explained that there are no houses closer than over
1,000 feet to his property other than his own house, which is about 500 feet. He
stated that he feels it would be safe to allow bow hunting and slug hunting in
agricultural areas.
Elk River City Council Minutes
October 11. 1999
Page 8
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It was the consensus of the council that the police chief report back to the
council regarding the possibility of an ordinance amendment that would exempt
the hunters home from the 500 foot buffer and allow bow and slug hunting in
agricultural areas.
Madalyn Moos, had a question regarding a lawsuit she has filed against a
developer and the City of Elk River.
7.1. Consider A1lina Medical Clinic Offer to Purchase City Prooertv
Tom McKee, representing Allina Medical Clinic, indicated that Allina has
increased its offer to $7.50 per square foot for the purchase of city property.
MAYOR KLINZING MOVED TO SELL THE CITY PROPERTY ALONG HIGHWAY 10 TO
ALLlNA FOR $7.50 PER SQUARE FOOT SUBJECT TO THE THREE CONTINGENCIES
PLACED UPON THE OFFER BY ALLlNA WHICH ARE AS FOLLOWS:
1. CITY APPROVAL OF THE DEVELOPMENT PLAN, DESIGN, AND ZONING TO
ALLOW THE CONSTRUCTION OF A MEDICAL CLINIC.
2. A SATISFACTORY REVIEW OF THE PROPERTY INCLUDING THE RESULTS OF ANY
SOIL TESTING, HAZARDOUS WASTE AND ENVIRONMENT REVIEW OF THE
PROPERTY.
3.
THE SUCCESSFUL COMPLETION OF ALL NEGOTIATIONS FOR THE PURCHASES
OF THE TWO 1-1/2 ACRE CONTIGUOUS PARCELS OF LAND OWNED BY
THOMAS AND SARA HARTMAN.
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COUNCILMEMBER THOMPSON SECONDED THE MOTION.
Discussion was held regarding AIlina using the property only for a medical clinic.
Tom McKee assured the Council that AIlina would be purchasing the property
only for a medical building. He further noted that in the event AIlina does not
construct a medical clinic on this site that the city may rescind this purchase and
this condition would be included in the purchase agreement.
Councilmember Motin noted that he would be voting against the issue as he
does not feel the city should sell the property unless it can obtain another piece
of property in the western area suitable for a liquor store. He further noted that
he has no intention of approving a rezoning of the property.
THE MOTION CARRIED 3-2. Mayor Klinzing and Councilmembers Farber and
Thompson voting aye. Councilmembers Dietz and Motin voting nay.
7.2.
Consider Exoanded Y2K Insurance from LMCIT
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Finance Director Lori Johnson reviewed this issue with the council. She noted that
the League of Minnesota Cities Insurance Trust (LMCIl) is offering expanded Y2K
insurance coverage. She stated that the expanded coverage increases the
city's annual aggregate limit from $25,000 to $750,000 in addition to providing
$30,000 for extra expenses resulting from a Y2K problem. She indicated that the
estimated premium is between $6,500 and $7,200 including $2,600 for Elk River
Municipal Utilities.
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Elk River City Council Minutes
October 11. 1999
Page 9
COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO PURCHASE THE
EXPANDED Y2K INSURANCE FROM LMCIT. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.3.
Public Hearina Reaarding Resolution Approvina a Tax Rate Increase
City Administrator Pat Klaers noted that a new state law recently adopted in 1999
requires municipalities to hold a public hearing and to pass a resolution if their tax
levy will result in a tax rate increase.
Finance Director Lori Johnson commented on and responded to council
questions about the new law, tax levy, and the tax rate.
Mayor Klinzing opened the public hearing. There being no one for or against the
matter, Mayor Klinzing closed the public hearing.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-74, APPROVING A
TAX RATE INCREASE FOR THE 1999 TAX LEVY COLLECTIBLE IN 2000.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4. Update on NATOA Conference bv Government Cable TV Technician Marissa Lee
The city administrator suggested that this item be postponed until next month due
to the lateness of the meeting. It was the consensus of the council to postpone
this issue until some time in November.
8.
Other Business
There was no other business.
9. Staff Updates
There were no staff updates.
10. Adiournment
There being no further business, Mayor Klinzing adjourned the meeting at 9:00
p.m.
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Sandra Peine ~
City Clerk