10-18-1999 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 18, 1999
Members Present:
Mayor Klinzing, Council members Dietz, Motin,
and Thompson
Members Absent:
Council member Farber
Staff Present:
Pat Klaers, City Administrator; Lori Johnson, Finance
Director; Terry Maurer, City Engineer; Peter Beck, City
Attorney; Michele McPherson, Director of Planning; Scott
Harlicker, Senior Planner; Stephen Wensman, Planner;
Stephen Rohlf, Building & Zoning Administrator; Debbie
Huebner, Recording Secretary
Also Present:
Commissioner Judy Thompson, Planning Commission
Representative; Commissioner Dave Anderson, Park and
Recreation Commission Representative; David
MacGillivray, Springsted, Inc.
1.
Call Meetina To Order
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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.
Mayor Klinzing administered the oath of office to police recruit Steven Sarazin at
this time.
2. Consider 10/18/99 Agenda
The following items were added to the council agenda:
- Item 8.1. - Update by City Engineer on County Road No. 1 and County Road
No. 77 Intersection
COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3. Consider Consent Aaenda
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.l.
3.2.
3.3.
10/11/99 CITY COUNCIL MINUTES - APPROVED
IRRIGATION FOR KUSS FIELD PROPOSAL - APPROVED
SHERBURNE COUNTY REQUEST FOR VARIANCE FROM SCREENING
REQUIREMENTS OF THE LANDSCAPING ORDINANCE, PUBLIC HEARING CASE
NO. V 99-11, WITHDRAWN BY APPLICANT
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October 18, 1999
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COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.1.
Resolution 99- Providina for the Issuance and Sale of the City's General
Obliaation Improvement Refundina Bonds, Series 1999B
Dave MacGillivray of Springsted, Inc., City of Elk River's bond consultant,
reviewed the bids for the Series 1999B G.O. Improvement Refunding Bonds that
refund the 1994A Improvement Bonds. The low bidder was John G. Kinnard &
Company at an interest rate of 5.0892 percent. He explained that due to the
increased interest rates, he is recommending that the city reject the bids and
negotiate with the bidders for a 4.90 percent rate.
COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION NO. 99-75, A
RESOLUTION AUTHORIZING DEFEASANCE OF THE CITY'S GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1994E. COUNCILMEMBER THOMPSON SECONDED
THE MOTION.
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Councilmember Motin asked what the savings would be by authorizing the
defeasance. Mr. MacGillivray stated that the city would save approximately
$207,000 as a result of the defeasance and the goal for the refunding issue was to
save $65,000 in reduced future interest costs. Councilmember Motin questioned
how the interest costs compared to investing the funds. Finance Director Lori
Johnson explained that the city could only reinvest at a certain rate due to
federal regulations. She explained that the city would like to retire the debt
thereby reducing the city's outstanding debt and the defeasance and refunding
would provide a positive end result.
THE MOTION CARRIED 4-0.
COUNCILMEMBER MOTlN MOVED TO REJECT ALL BIDS FOR THE SERIES 1999B G.O.
IMPROVEMENT REFUNDING BONDS, AND TO DIRECT THE FINANCE DIRECTOR AND
BOND CONSULTANT TO NEGOTIATE WITH THE BIDDERS FOR A 4.90 PERCENT INTEREST
RATE ($63,000 SAVINGS) WITHIN THE STATUTORY 30 DAY TIME PERIOD.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.2. Resolution 99- Awarding the Sale of the Citv's $162,720 General Obliaation
Equipment Certificate of 1999; Fixina its Form and Specifications; Directina its
Execution and Delivery; and Providina for its Payment
Finance Director Lori Johnson explained that the City Council is asked to approve
a resolution authorizing the sale of $162,750 of equipment certificates to fund
1999 police and street department capital purchases.
Councilmember Dietz asked if other banks in the city are asked to bid. Lori
Johnson stated that due to the size of the issue, bids were not solicited. She
indicated that if the size of the certificates continues to increase, bids will be
requested.
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COUNCILMEMBER MOTlN MOVED APPROVAL OF RESOLUTION NO. 99-76, A
RESOLUTION AWARDING THE SALE OF THE CITY'S $162,750 GENERAL OBLIGATION
EQUIPMENT CERTIFICATES OF 1999; FIXING ITS FORM AND SPECIFICATIONS;
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October 18, 1999
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DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.3.
Consider Calling Administrative Hearina for Liauor Violation
Police Chief Tom Zerwas stated that in recent liquor license compliance check,
only one Elk River establishment sold alcohol to a minor. He explained that since
grant monies were used to conduct the "sting" operation, the city must take
action against the violator or it will be done by the state. Chief Zerwas stated
that since the city has not taken action against violations in the past, other than a
reprimand, he felt it would not be fair to impose a harsh penalty on the violator.
He requested that the City Council set an administrative hearing for November 8
and serve the violator notice of the hearing. Chief Zerwas also asked that the
City Council consider the draft resolution attached to the staff report regarding
sanctions for future liquor law violations.
COUNCILMEMBER THOMPSON MOVED TO CALL AN ADMINISTRATIVE HEARING FOR
THE LIQUOR LICENSE VIOLATION ON NOVEMBER 8,1999, AND AUTHORIZE STAFF TO
SERVE DADDY O'S NOTICE OF THIS HEARING. COUNCILMEMBER MOTIN SECONDED
THE MOTION. THE MOTION 4-0.
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The City Council and staff discussed the penalties proposed in the draft resolution.
Council member Motin stated his support for strong penalties. Councilmember
Dietz felt that the first violation should carry a $500 fine, the second violation
$1,000, and revocation of the liquor license for the third violation. Mayor Klinzing,
Councilmembers Motin and Thompson concurred.
Council member Motin asked if the revocation would be permanent. City
Administrator Pat Klaers stated he was unsure and would have the City Clerk
research this question, but that he thought the applicant would have an
opportunity to reapply after a given time period.
The Council was in agreement to consider the resolution at a future meeting.
4.4.
Discussion on Huntina Restrictions and Ordinance
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Chief Zerwas stated that a request was received to allow hunting around Pintail
Ponds, which is owned by Riverside Development, and the Larry and Carol Turner
property north of Pintail Ponds. He explained that even though the property is
zoned R1 e, hunting has been allowed by the City Council, due to the fact the
area is largely undeveloped and no homes have been constructed in Trott Brook
at this time. Chief Zerwas stated that, if directed by the City Council, he would
be comfortable to allow hunting this year in the area shown in "yellow" on the
map attached to his memo dated October 14,1999. He asked the council to
also consider directing the Park and Recreation Commission to evaluate the
existing hunting ordinance. He felt there may be areas in which hunting could be
allowed by special permit to control deer and wild game populations. Chief
Zerwas stated that there may also be areas in which hunting is not allowed but
may be suitable for bow hunting. He felt that if the city does not take steps to
prevent deer overpopulation now, the end result will be increased deer/motor
vehicle accidents.
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October 18, 1999
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The council asked how many people would be hunting in the area proposed.
Chief Zerwas stated that last year there were seven individuals hunting. He
explained that he would talk with the hunters and they would be required to
have a letter from the property owner authorizing them to hunt on the site.
Council member Motin stated that he would prefer not to specify this would be
the last year hunting would be allowed. He felt that determination will depend
on the recommendations from the Park and Recreation Commission after
studying the issue.
COUNCILMEMBER MOTIN MOVED TO ALLOW HUNTING ON THE TURNER PROPERTY
AND IN THE PINTAIL PONDS AREA AS SHOWN IN YELLOW ON THE MAP ATTACHED TO
THE MEMO FROM THE CHIEF OF POLICE DATED OCTOBER 14, 1999, AND, TO
REQUEST THAT THE PARK AND RECREATION COMMISSION REVIEW THE HUNTING
ORDINANCE FOR POSSIBLE MODIFICATIONS. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 4-0.
4.5. Utilities Commission Update
Councilmember Dietz reviewed the following issues discussed by the Utilities
Commission at their October 4th meeting:
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1. The progress in hiring a replacement for Bob McCartney.
2. Customers will be charged an eight mil increase for the months of October,
November, and December to cover increased costs of power incurred by
Elk River Municipal Utilities in July.
3. An additional line person will be hired to assist the existing crew of nine
linepersons.
4. Lead Lineman Derek Ward has submitted his resignation effective October
18th; staff will begin the process of replacing Mr. Ward.
5. The Utilities Commission voted to purchase additional Y2K insurance.
4.6.
Communitv Recreation Update
Council member Motin provided an update on Community Recreation Board
activities. He noted that they now have a web site for users to access
information. Councilmember Motin discussed budget adjustments due to the city
of Dayton dropping out and changes in the Joint Powers Agreement
terminology.
4.7. Northstar Corridor Update and Consider Amendment # 1 to the Joint Powers
Agreement
Staff report by Scott Harlicker. Mr. Harlicker reviewed action taken by the
Northstar Corridor Authority at their October 7th meeting as follows:
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. Station design concepts will be presented and reviewed at the October 21St
Technical Advisory Committee meeting.
. Congress has approved $10 million in multi-modal funding and $3 million in
start up funding, and is awaiting the president's signature.
. A neighborhood meeting will be held in the near future to discuss land uses
around the proposed station.
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October 18, 1999
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. Negotiations with Burlington Northern are moving forward.
. MN/DOT is considering moving the existing Highway 169 Park & Ride to the
proposed station location.
Mr. Harlicker reviewed Amendment No. 1 to the Joint Powers Agreement and
asked that the council consider approval of the amendment.
Councilmember Dietz asked how the yearly operating costs will be funded. Mr.
Harlicker explained that fares along with federal and state funding will cover the
costs. Councilmember Dietz questioned how much the city would be expected
to contribute. Mr. Harlicker explained that the city will not likely be expected to
contribute directly but that the City of Elk River is a member of the authority and
the authority will be asked to contribute. Councilmember Motin expressed his
concern that there may be a shortfall and the city will be expected to "kick in"
financially.
Mayor Klinzing asked that staff contact County Commissioner Chair Betsy Wergin
for clarification on the city's obligations.
MAYOR KLINZING MOVED APPROVAL OF AMENDMENT NO.1 TO THE NORTHSTAR
CORRIDOR DEVELOPMENT AUTHORITY JOINT POWERS AGREEMENT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.8.
Citv Refuse Franchise Contract Renewal
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Building & Zoning Administrator Steve Rohlf reviewed the major changes
proposed for the renewal contracts with refuse haulers as follows:
. Recyclables picked up weekly vs. biweekly (starting 1/1/2000)
. 60 gallon container option added
. Language regarding the Elk River Landfill as a disposal site
. CPI increase of 3 percent or more triggers an automatic review of pay
. Contract is proposed for five years.
Councilmember Dietz asked when commercial recycling will become
mandatory. Mr. Rohlf explained that many of Elk River's commercial businesses
already recycle and find it saves them money on refuse collection. He stated
that mandatory commercial recycling is a very complicated issue that the city is
not ready to deal with at this time.
Mr. Rohlf explained that mileage will only be paid if haulers are required to
transport Elk River's refuse to another site at the request of the city.
COUNCILMEMBER THOMPSON MOVED APPROVAL OF THE AGREEMENTS FOR
GARBAGE, REFUSE, AND RECYCLING COLLECTION WITH BROWNING-FERRIS
INDUSTRIES (BFI), RANDY'S SANITATION, INC., AND CORROW SANITATION,
BEGINNING NOVEMBER 1,1999, THROUGH OCTOBER 31,2004 (FIVE YEAR PERIOD).
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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October 18, 1999
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4.9.
Update on Northstar Access Fiber Optics Proaram
City Engineer Terry Maurer reviewed a request by Northstar Access and CC&I
Engineering to install fiber optic cable in the city. Mr. Maurer explained the
tunneling method used in the installation.
The council members were in agreement that a special permit was not necessary
in new construction sites, such as Trott Brook, where utility work is already being
done.
COUNCILMEMBER DIETZ MOVED TO APPROVE A SIX MONTH TEMPORARY PERMIT TO
ALLOW NORTHSTAR ACCESS TO INSTALL FIBER OPTIC CABLE IN THE CITY OF ELK
RIVER, WITH THE CONDITIONS RECOMMENDED BY THE CITY ENGINEER IN HIS MEMO
TO THE COUNCIL DATED OCTOBER 13, 1999, INCLUDING THE FOLLOWING:
- REQUIRE SODDING IN AREAS WHERE DEEMED APPROPRIATE BY THE CITY ENGINEER
- CITY SHALL DETERMINE LOCATION OF CABLE AND JUNCTION BOXES
- BOND OF $25,000 SHALL BE REQUIRED
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4,10,
Boys & Girls Club Update and Consider Fundina Request
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John Fitzgerald, representing the Boys and Girls Club, presented a request for the
City of Elk River to fund the purchase of an additional $11,225 in recycled items
for their building. Mr, Fitzgerald reviewed the recycled materials that have
already been purchased. He explained the recycling and waste reduction
programs that will be implemented by the club in their role as a Recycling
Showcase site,
COUNCILMEMBER DIETZ MOVED APPROVAL THE EXPENDITURE OF AN ADDITIONAL
$11,225 IN RECYCLED MATERIALS FOR THE BOYS AND GIRLS CLUB FROM THE
LANDFILL SURCHARGE, SUBJECT TO THE CONDITIONS PLACED ON THE ORIGINAL
FUNDING TO ENSURE LANDFILL ABATEMENT IS STRESSED. MAYOR KLINZING
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4,11, NRG's lOth Anniversary Celebration
Steve Rohlf explained the NRG's Resource Recovery Facility is celebrating their
10th anniversary on November 15th. He encouraged the City Council to attend.
The councilmembers expressed their support for the NRG anniversary event.
5,
Open Mike
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Steve Stewart, 18290 Ogden Street, expressed his concerns regarding screening of
the Sherburne County jail expansion and the affect the facility has had on
property values for the Sandpiper residents. Mr. Stewart stated that the city
should be concerned about the type of equipment used to install the fiber optic
cable. Mr. Stewart also expressed his support for approving the St. Andrew's
Church variance.
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Richard Holst, 18251 Ogden Street, stated his objection to the appearance of the
jail facility. He felt the six foot high fence will do very little to screen the jail from
his view.
Patty Patterson, 18268 Ogden Street, stated that she was unable to sell her house
at market value because of the jail expansion. She felt the Sandpiper residents
took very good care of their neighborhood and felt that the jail expansion was a
detriment to what they are trying to achieve.
Mayor Klinzing asked how large the trees would be that are proposed to be
installed as part of the landscaping plan. Ms. McPherson stated that number and
size of trees will be in accordance with the city's minimum requirements.
6.1 . Boys & Girls Club License Agreement
Staff report by Michele McPherson. The Boys and Girls Club request approval of a
license agreement so that they may construct a sign on the Lions Park property.
Ms. McPherson reviewed the terms of the license agreement and stated that staff
recommends approval.
COUNCILMEMBER DIETZ MOVED APPROVAL OF THE LICENSE AGREEMENT FOR THE
BOYS AND GIRLS CLUB SIGN ON LIONS PARK PROPERTY. MAYOR KLINZING
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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6.2.
BMX Lease Agreement
Staff report by Michele McPherson. Ms. McPherson reviewed the history of the
request for a BMX track by the BMX group headed up by Margo Foster, local
resident and business owner. She explained that the track is proposed to be
located at the ERY AC facility. Ms. McPherson reviewed the proposed lease
agreement and the proposed amendments for sales of bike parts and
construction of additional parking.
Councilmember Dietz asked why the Hillside Park site was unsatisfactory. Ms.
McPherson explained the difficulties encountered when reviewing the site
including access, providing utilities, parking, tree removal and the overall isolation
of the property. She noted that the Park and Recreation Commission voted
unanimously to recommend approval of funding to provide water and electric
service. Staff recommends approval of the lease agreement with the BMX group
for a five-year period.
COUNCILMEMBER DIETZ MOVED APPROVAL OF THE LEASE AGREEMENT WITH THE ELK
RIVER BMX FOR A FIVE-YEAR PERIOD FOR THE ERY AC FACILITY WITH THE
FOLLOWING AMENDMENTS:
- FOR-PROFIT SALES OF BIKE PARTS
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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6.3.
Approve Resolution 99-77 for Sale of Land to Elk River Country Club
Staff report by Michele McPherson. The City Council is asked to approve
Resolution No. 99-77, approving the land exchange with the Elk River Country
Club. The City Council is also asked to approve easement and license
agreements for the golf course and city use of the property.
COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 99-77, DECLARING
THE SALE OF CITY PROPERTY TO ELK RIVER COUNTRY CLUB, THE DRIVEWAY
EASEMENT AGREEMENT, ACCESS DRIVE EASEMENT AGREEMENT, AND LICENSE
AGREEMENT WITH ELK RIVER COUNTRY CLUB. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.4. Request bv St. Andrew's Church for Variance from Sian Ordinance Reaulations,
Public Hearing Case No. V 99-13
Staff report by Stephen Wensman. The Church of St. Andrew requests a variance
to reduce the setback from the property line from ten feet to 3 feet in the R2a
Zoning District. Mr. Wensman stated that the Board of Adjustments denied the
request because they did not feel the request met the five findings necessary for
granting a variance. Mr. Wensman reviewed alternate locations for placement
of the proposed sign.
Mayor Klinzing opened the public hearing.
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Julie Kastendick, 810 Fawn Road, representing Sf. Andrew's Church, provided
photos of the alternate sites proposed by staff, stating why the church did not
feel any of these sites were appropriate. Ms. Kastendick explained that they
spent $486 on public notification of the surrounding residents and not one of
them has come forward in opposition to the proposed sign. She reviewed the
design of the etched glass sign, noting that the sign will be encased in Plexiglas to
prevent breakage. Ms. Kastendick stated that there are two other
nonconforming signs in the area.
Mr. Wensman stated that one of the signs referred to by Ms. Kastendick is
nonconforming, since no permit was obtained to erect the sign, and he was not
aware of any other signs that have less than the required 10 foot setback.
Discussion followed regarding the alternate sites that were proposed.
Ken Williams, Brentwood Lane, representing the Sign Committee for Sf. Andrew's,
argued why the site chosen by them was best suited for location of the sign. He
cited visibility, parking needs, and snowplowing issues as reasons for not
considering the sites identified by staff. Mr. Williams stated that Councilmember
Farber supported the variance request and asked that if his vote appeared
critical, that the item be tabled to a future meeting. Mr. Williams felt that since
there were no safety issues or concerns from neighboring residents, the city should
approve the request.
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The council discussed the possibility of removing one or two parking stalls in order
to meet the required setback.
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Tom Kemper, Administrator for Sf. Andrew's Church, stated that parking is a
serious concern since the church is growing at a tremendous rate. He noted that
165 families joined the parish last year. Mr. Kemper expressed concern that if
another jog were created in the curbing, they would incur even more damage
than last year ($5,000).
There being no further public comment, Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED APPROVAL OF THE REQUEST BY THE CHURCH OF
ST. ANDREW FOR A VARIANCE, PUBLIC HEARING CASE NO. V 99-13, BASED ON THE
FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES THAT
ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH
ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE
IN THE SAME AREA.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD
DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME
DISTRICT UNDER THE TERMS OF THIS ORDINANCE.
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4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE
OF THE PETITIONER'S OWN ACTION OR INACTION.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,
SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD
WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND
INTENT OF THE ORDINANCE.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6,5, Reauest by Windsor Development for Final Plat Approval, Lafayette Woods 4th
Addition, Case No. P 99-11
Stephen Wensman reviewed the request by Windsor Development for final plat
approval for Lafayette Woods Fourth Addition. Staff recommends approval of
the resolution granting final plat approval.
City Administrator Pat Klaers reviewed his park dedication recommendation. He
explained that he is recommending a $900 per lot fee, rather than $1,300, based
on the fact the developer dedicated a large amount of park land as part of the
original plat of Lafayette Woods.
Park and Recreation Commissioner Dave Anderson reviewed the commission's
recommendation and the history of the park and land proposal.
Discussion followed regarding an appropriate park dedication fee.
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COUNCILMEMBER THOMPSON MOVED APPROVAL TO ESTABLISH A PARK
DEDICATION FEE OF $900 PER LOT FOR LAFAYETTE WOODS 4TH ADDITION BASED ON
THE FOLLOWING FINDING:
1. UNIQUE CIRCUMSTANCES EXIST DUE TO THE EXTRAORDINARY AMOUNT OF PARK
LAND (30+ ACRES), OUTLOT A, THAT WAS DEDICATED DURING PLATTING OF THE
ORIGINAL SUBDIVISION, OF WHICH LAFAYETTE WOODS 4TH ADDITION WAS A
PART (OUTLOT C).
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 99-78, GRANTING
FINAL PLAT APPROVAL FOR LAFAYETTE WOODS FOURTH ADDITION.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.6. Wetland Conservation Act Decision (Seven Oaks)
Building and Zoning Administrator Steve Rohlf reviewed the request by Windsor
Development to fill 3,051 square feet of Type 3 wetland for Seven Oaks. Staff
recommends approval of the request with the conditions outlined in the staff
report.
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COUNCILMEMBER THOMPSON MOVED APPROVAL OF THE PROPOSED FILLING AND
MITIGATION PLAN FOR SEVEN OAKS PLAT WITH THE STIPULATIONS RECOMMENDED
BY STAFF IN THE REPORT TO THE CITY COUNCIL DATED OCTOBER 18, 1999.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.7.
Reauest bv Windsor Development for Preliminary Plat Approval (Seven Oaks),
Public Hearing Case No. P 99-9
Staff report by Stephen Wensman. Windsor Development requests approval of a
preliminary plat for a 69.40 acre, 86 lot, single family residential development. Mr.
Wensman reviewed issues associated with the plat including wetlands, site
access, grading and drainage, utilities, the proposed homeowner's association,
trail connection to M-Vale via Outlot A and the park dedication recommended
by the Park & Recreation Commission.
Mayor Klinzing opened the public hearing.
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Ron and Yvonne Halpaus, 19563 Lander Street, property owners adjacent to the
proposed development, expressed their concern for potential tree loss/tree
damage that will be caused by grading on the site. They reviewed information
obtained from Mr. Kunde of the Kunde Company, a credited forester, whom they
hired to inspect the trees in question. Mr. Kunde indicated to them that a 30 foot
setback would be necessary to protect all trees within 5 feet of the property line.
The Halpaus' asked that the recommendations of Mr. Kunde be incorporated in
the approval of the plat. They also asked that the line of protection be extended
from what was recommended by the Planning Commission, since their property
continues to run along the plat farther than Lot 1 .
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Councilmember Dietz asked if tree protection for adjacent property owners has
ever been a condition of a plat. City Engineer Terry Maurer explained that tree
protection has been limited to trees within a plat. Mr. Maurer noted that the city
has used the drip line as a guideline for not allowing grading in order to preserve
trees.
Discussion followed regarding whether or not the drip line was adequate to
protect the trees. Terry Maurer stated that he is not aware of any evidence that
this guideline is not adequate, but it may take more than one or two years for
trees to show signs of damage.
Ron Bastyr, developer representing Windsor Development, suggested that if the
drainage segment requested by the city engineer could be removed, he could
avoid grading the portion of the property Mr. and Mrs. Halpaus were concerned
about. Terry Maurer stated that the drainage pipe was recommended for
emergency overflow purposes and could be eliminated. Mr. Bastyr stated he
would be willing to abide by the 30 foot setback and could possibly install a
fence to protect the area of concern.
Mr. Halpaus stated he was also concerned that he would be liable if his any of his
trees toppled over onto one of the new homes, because of root damage. He
was also concerned about erosion and oak wilt because of the construction.
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Jim Nord, property owner in the area, expressed his concern that if the city allows
these types of conditions to be placed on a developer, they would be setting a
precedent for adjacent residents in other developments to control how a
property owner develops his land.
Councilmember Dietz asked if there would be a drainage problem if the
emergency drainage were eliminated. Terry Maurer stated that there would not
be any increase in drainage than what is there now.
Park & Recreation Commissioner Dave Anderson expressed his strong support on
behalf of the commission for the inclusion of Lots 15 and 16 in the park land
dedication. He explained that securing this property was vital to create an
entrance to the Meadowvale Park.
Ron Bastyr expressed his objection to the taking of the two lots for park land,
arguing that the sale of these lots was crucial to the financial success of the
project.
Pat Klaers questioned if the city engineer felt there would be "cut-through" traffic
in the development by M-Vale residents wishing to get to County Road NO.1. Mr.
Maurer stated that he felt only a limited number of residents in the middle of
Lander Street would use this access.
Ron Bastyr asked if the city would agree to reimburse him for actual trail costs,
rather than a "per foot" flat rate. The council agreed to follow the existing city
policy on this issue.
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Discussion followed regarding the possibility that the developer may be
unsuccessful in acquiring the outlot in M-Vale for access. City Attorney Peter
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Beck recommended that the city include language in the conditions to acquire
the property, if necessary. He cautioned the council against approving a plat
without provisions for proper access.
The council discussed the viability of the trail system in the plat with and without
using Lots 15 and 16. Mayor Klinzing and Councilmember Motin did not feel it was
appropriate to require the developer to give up the two lots. Councilmembers
Dietz and Thompson felt the Park and Recreation Commission had a strong case
for needing the lots.
There being no further public comment, Mayor Klinzing closed the public hearing.
MAYOR KLINZING MOVED APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT BY
WINDSOR DEVELOPMENT (SEVEN OAKS), PUBLIC HEARING CASE NO. P 99-9, WITH
THE CONDITIONS STATED IN THE STAFF REPORT, AND MODIFICATION TO CONDITION
# 18 AS FOLLOWS:
18. THAT 3.48 ACRES OF LAND BE DEDICATED AS PARK AND THE REMAINING PARK
DEDICATION BE COLLECTED IN CASH IN LIEU OF LAND 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.
COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION FAILED 2-2.
Councilmembers Dietz and Thompson opposed.
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COUNCILMEMBER THOMPSON MOVED APPROVAL OF THE REQUEST FOR
PRELIMINARY PLAT BY WINDSOR DEVELOPMENT (SEVEN OAKS), PUBLIC HEARING
CASE NO. P 99-9, WITH THE FOLLOWING CONDITIONS:
1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL, INSTALLATION OF IMPROVEMENTS AND
RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER'S BE ADDRESSED.
3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING
ANY WETLANDS.
4. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE
RECORDED ON THE MITIGATION AREAS.
5. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE
THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND
MITIGATION ON THE DEVELOPER.
6. THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS ASSOCIATED
WITH THE PROJECT ALSO INCLUDE THE COST OF THE MITIGATION WORK.
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7. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS
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October 18, 1999
Page 13
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COMPLETED AND THAT THIS REPORT BE APPROVED BY THE CITY STAFF PRIOR TO
RELEASING OF THE LETTER OF CREDIT.
8. THAT SNOW STORAGE EASEMENTS BE PROVIDED IN THE CUL-DE-SACS
9. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED THAT HOLDS THE
ASSOCIATION RESPONSIBLE FOR MAINTENANCE OF THE RETAINING WALLS AND
LANDSCAPING ON PUBLIC PROPERTY AND THE FOUNTAIN ASSOCIATED WITH THE
NURP POND, SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO
FINAL PLAT.
10. THAT A PERMIT FOR A ROAD ACCESS ONTO COUNTY ROAD NO.1 BE OBTAINED
FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
11. THAT THE DOUBLE FRONTED LOTS ALONG BE SCREENED FROM COUNTY ROAD
NO.1 AND THAT A LANDSCAPE EASEMENT BE RECORDED WITH THE COUNTY
AGAINST THESE LOTS WITH THE RECORDING OF THE FINAL PLAT.
12. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
13. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF PUBLIC IMPROVEMENTS.
14. THAT THE BITUMINOUS PARK TRAIL BE INSTALLED IN THE FIRST PHASE WITH THE
PUBLIC IMPROVEMENTS.
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15. THAT A SIDEWALK BE INSTALLED ON SOUTH SIDE OF THE MAIN EAST WEST ROAD
IN THE DEVELOPMENT.
16. THAT 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.
17. THAT A 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.
18. THAT 3.76 ACRES OF LAND BE DEDICATED AS PARK, INCLUDING LOT 16, BLOCK
2, AND THE REMAINING PARK DEDICATION BE COLLECTED IN CASH IN LIEU OF
LAND 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.
19. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
20. THAT ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO
ACCOMMODATE A 50 ' X 50' BUILDING PAD AND A DISTANCE OF 30 FEET
BETWEEN THE HOUSE AND ANY WETLAND.
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21. THAT A SEALCOAT 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.
22. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS YARD AND BOULEVARD
TREES AND SCREENING ALONG COUNTY ROAD NO.1 PRIOR TO FINAL PLAT.
23. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
24. THAT PRIOR TO PRELIMINARY PLAT APPROVAL, THE DEVELOPER SHALL
INVENTORY THE TREES ON THE WESTERN BORDER OF LOT 1, BLOCK 1, ILLUSTRATE
THE TREES ON THE GRADING PLAN AND MAKE THE NECESSARY REVISIONS TO
THE GRADING PLAN TO PROTECT THOSE TREES. PRIOR TO GRADING, THE
DEVELOPER SHALL VISUALLY SHOW THE LINE BEYOND WHICH GRADING SHALL
NOT OCCUR AND SHALL TAKE ALL NECESSARY PRECAUTIONS FOR EROSION
CONTROL AND TO PREVENT DAMAGE TO THE TREES.
25. THE SIDE YARD SETBACK FOR THE WEST SIDE OF LOT 1, BLOCK 1 SHALL BE 20 FEET.
26. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PROTECTED SHALL BE FENCED AT THE DRIP LINE TO PREVENT GRADING,
COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT
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27. THAT THE DEVELOPER MAKE EVERY EFFORT TO ACQUIRE OUTLOT A OF M-VALE
FOR ACCESS TO THE DEVELOPMENT OFF OF LANDER STREET, AND IF THE
DEVELOPER IS UNSUCCESSFUL THE CITY WILL ACQUIRE THE ACCESS WITH ALL
EXPENSES PAID BY THE DEVELOPER.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1.
Mayor Klinzing opposed.
6.8. Reauest bv Timco for Rezonina (Fox Haven Commercial) from C4 to C3,
Ordinance No. 99- , Public Hearing Case No. ZECH 99-8
Tom McKee of Timco requested that the rezoning be tabled to the next City
Council meeting, since a full council was not present.
Staff report by Michele McPherson. Timco, representing Allina, requests that 4.5
acres be rezoned from C4, Neighborhood Commercial to C3, Highway
Commercial to allow construction of a medical clinic. The property is located in
the northwest corner of Highway 10 and Joplin Street (Lots 1-3, Block 1, Fox Haven
Commercial). Ms. McPherson discussed the uses allowed in the C3 and C4
zoning districts and suitability of medical clinics in theses areas. She discussed
traffic and impacts on adjacent uses. She felt that the facility proposed by Allina
is a regional-type clinic, not a "neighborhood" clinic such as a dentist,
chiropractor, or other specialty clinic.
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Ms. McPherson explained that although the Planning Commission unanimously
recommended denial of the rezoning request, they were in agreement that a
clinic would be appropriate for the site, and recommended that clinics be
added to the uses permitted in the C4 zoning district. Ms. McPherson suggested
that the council may consider some type of size limitation for clinics in the C4,
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October 18, 1999
Page 15
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Neighborhood Commercial districts in order to maintain a neighborhood
orientation.
Mayor Klinzing opened the public hearing.
Tom McKee stated that the clinic would generate significantly less traffic than
three smaller commercial uses on the site. He stated that if the project is not
approved by the city by November 8th, Allina will simply go away.
Gary Olson, 18197 Hudson Street, expressed his support for the rezoning to allow
the clinic. He stated that he mailed a petition to Councilmember Dietz with 53
signatures of residents in the area in support of a clinic on the site. Mr. Olson
stated that nearly all the people he talked to, both the elderly and families with
young children, were very excited about the prospect of a clinic in their
neighborhood. Mr. Olson stated that only two people he contacted did not
sign-one person with no opinion, and one who supported a liquor store.
Frank Guck, 18591 Naples Street, expressed his support for the rezoning to allow
the clinic and stated that he felt the clinic would be an asset to the community.
He did not feel a liquor store would be appropriate.
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Tom Hartman, 18675 Macon Street, owner of two lots in the Fox Haven
Commercial plat, stated that there is a great need for the medical clinic and he
felt it would be compatible with the surrounding land uses. He agreed with Mr.
McKee that the traffic would be greater with three commercial uses. Mr. Hartman
felt that the city made a good investment by purchasing the lot when they did.
By selling the lot at this time, the city will realize a $130,000 profit which is 36
percent over a 2-1/2 year period of time.
Sherry Emerson, Director of Operations for Guardian Angels, stated that Guardian
Angels is very supportive of the rezoning to allow Allina to build on the site. She
felt there is a great need for another clinic in Elk River and explained the difficulty
seniors have in obtaining medical care due to transportation problems. Ms.
Emerson stated that by the time the city decides to build a second liquor store, a
discount liquor store could be located in Big Lake or Anoka creating serious
competition. Ms. Emerson stated that she felt everyone would agree that
medical care is more important than liquor.
Linda Olson, nurse in the Elk River community, stated that she is very much aware
of the trouble the elderly have in accessing medical clinics.
Jim Tacheny, 13070 Island View Drive, expressed his support for the proposed
clinic.
There being no further public comments, Mayor Klinzing closed the public
hearing.
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MAYOR KLINZING MOVED TO TABLE CONSIDERATION OF ORDINANCE NO. 99-_,
TO REZONE CERTAIN PROPERTY FROM C4 (NEIGHBORHOOD COMMERCIAL) TO C3
(HIGHWAY COMMERCIAL) TO THE OCTOBER 25,1999, CITY COUNCil MEETING.
COUNCllMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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October 18, 1999
Page 16
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6.9,
Reauest by City of Elk River to Vacate a Portion of Branch A County Ditch # 10,
Public Hearing Case No. EV 99-4
Staff report by Stephen Rohlf. The City of Elk River requests vacation of that
portion of County Ditch # 10, Branch A located directly on the property included
in the plat of Elk River Crossing.
Mayor Klinzing opened the public hearing. There being no public comment,
Mayor Klinzing closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION NO. 99-79,
VACATING A PORTION OF A DRAINAGE EASEMENT (DITCH) LOCATED IN THE SW 1M
OF THE SW 1M OF SECTION 35, TWP. 33, AND, IN THE NW 1M OF THE NW 1M OF SECTION
2, TWP. 32, RANGE, 26, IN SHERBURNE COUNTY. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 4-0.
6.10.
Request by Associated Developers for Final Plat Approval (Elk River Crossina),
Resolution No. 99-80, Case No. P 98-8
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Staff report by Scott Harlicker. Associated Developers of the Twin Cities, Inc.
requests final plat to subdivide 70.71 acres into a 9 lot commercial planned unit
development (Elk River Crossing). The plat is designed with five freestanding lots
along Highway 169 ranging in size from one to two acres. Two large lots will
accommodate two "big box" retailers, which are 21.5 and 14 acres in size. The
remaining two lots are 4.7 and 7.3 acres in size. The final plat is consistent with the
preliminary plat. Staff recommends approval of the request based on the 19
conditions in the staff report to the council dated October 18, 1999.
COUNCILMEMBER MOTlN MOVED APPROVAL OF RESOLUTION NO. 99-80,
APPROVING THE FINAL PLAT FOR ELK RIVER CROSSING, WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF PUBLIC IMPROVEMENTS.
4. 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.
5. 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.
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October 18, 1999
Page 1 7
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6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT
AS REQUIRED BY THE CITY.
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
10. RESTRICTIVE COVENANTS BE PLACED OVER THE WETLANDS. THESE SHALL BE
COMPLETED AND RECORDED WITH THE PLAT.
11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND
SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
12. PAYMENT OF 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.
13. APPROPRIATE CROSS ACCESS/CROSS PARKING EASEMENTS SHALL BE
APPROVED BY THE CITY AND RECORDED WITH THE PLAT.
14. OUTLOTS A AND B SHALL BE DEEDED TO THE CITY.
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15. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET
OR 18151 AVENUE (COUNTY ROAD 12).
16. THE TWO LOTS ON CROSSING AVENUE CLOSEST TO MAIN STREET HAVE A
SHARED DRIVEWAY.
17. A 1 O-FOOT WIDE PEDESTRIAN EASEMENT BE DEDICATED ACROSS LOT 1, BLOCK 3
TO ALLOW FOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE
BUSINESS PARK TO THE SOUTH.
18. PROOF OF OWNERSHIP OF ALL THE NECESSARY PROPERTIES SHALL BE PROVIDED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
19. THE REVISED PLANS SHOW THE RIGHT-OF-WAY FOR THE PUBLIC ROADWAY.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.11 . Approve Development Standards for Elk River Crossing
Scott Harlicker reviewed the development standards proposed for the Elk River
Crossings Planned Unit Development.
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Tony Gleekel, representing the developer, reviewed changes made in the plans
for Wal-Mart. He requested there be some flexibility in the wall signage for the
major tenants.
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October 18, 1999
Page 18
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The councilmembers and staff discussed what percentage of the total square
footage of the front fa<;ade is appropriate for large "big box" tenants. Signage
for Cub Foods, Menards, and Target was also discussed.
COUNCILMEMBER THOMPSON MOVED APPROVAL OF THE DESIGN STANDARDS FOR
ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING
AMENDMENT:
- MAJOR TENANT WALL SIGNAGE SHALL NOT EXCEED EIGHT PERCENT OF THE FRONT
FA9ADE OF THE PRINCIPLE STRUCTURE.
COUNCILMEMBER DIETZ SECONDED THE MOTION.
COUNCILMEMBER THOMPSON AMENDED THE MOTION TO READ" ...NOT EXCEED
SEVEN PERCENT......" COUNCILMEMBER DIETZ SECONDED THE AMENDMENT. THE
AMENDMENT CARRIED 4-0.
THE MOTION CARRIED 4-0.
6.12.
Request bv Wal-Mart Stores, Inc. for Conditional Use Permit, Public Hearinq Case
No. CU 99-32
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Staff report by Scott Harlicker. Wal-Mart Stores, Inc. requests a conditional use
permit for a 143,000 square foot retail store. Also included are a garden center
with outdoor display and storage, and an automotive center. Mr. Harlicker
reviewed changes made in the elevations for the store. He discussed the
concern raised regarding outdoor storage in the garden center.
Mayor Klinzing opened the public hearing.
Charles Bell, representing Wal-Mart Stores, Inc., explained the Quick Brick
material that would be used on the building exterior. He expressed Wal-Mart's
objection to Condition 10, which would restrict the use of the garden center to
April through September. He explained that the store would use the area for
seasonal sales, including Christmas trees.
There being no further public comment, Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED APPROVAL OF THE REQUEST BY WAL-MART
STORES, INC. FOR A CONDITIONAL USE PERMIT FOR A 143,000 SQUARE FOOT RETAIL
STORE, PUBLIC HEARING CASE NO. CU 99-32, WITH THE FOLLOWING CONDITIONS:
1. THE CONDITIONAL USE PERMIT IS CONTINGENT UPON FINAL PLAT APPROVAL
FOR ELK RIVER CROSSING.
2. THE CONDITIONAL USE PERMIT IS CONTINGENT UPON RECORDING THE PLANNED
UNIT DEVELOPMENT AGREEMENT, AND THE SITE PLAN, LANDSCAPING, LIGHTING,
SIGNAGE AND BUILDING ELEVATIONS COMPLYING WITH THE DEVELOPMENT
STANDARDS ESTABLISHED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT.
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3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
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October 18, 1999
Page 19
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4. THE BUILDING ELEVATIONS INCLUDE THE FOLLOWING ELEMENTS:
A. SPLIT FACE BLOCK, INSTEAD OF SMOOTH FACED BLOCK, AS THE
PREDOMINANT MATERIAL ON THE FRONT FA<;ADE WITH QUICK BRICK
ACCENT MATERIAL IN THE PILASTERS AND KNEE WALL.
B. THE COLUMNS AND KNEE WALL IN THE GARDEN CENTER CONSIST OF
QUICK BRICK TO MATCH THE KNEE WALL AND ACCENT PILASTERS ON
THE BUILDING.
C. CORNICE ANDIOR PARAPET DETAILS BE INCORPORATED INTO THE
FACADES WHICH FACE COUNTY ROAD 12 AND TWIN LAKES ROAD.
D. THE CHAIN LINK FENCE ENCLOSURE IN THE REAR OF THE BUILDING BE
CHANGED TO SPLIT FACE BLOCK.
ELEVATIONS DATED OCTOBER 11, 1999 COMPLY WITH THE ABOVE ITEMS.
5. THE LANDSCAPING PLAN AND LIGHTING PLAN BE APPROVED BY STAFF.
6. THE DUMPSTER AND TRASH COMPACTOR BE INCORPORATED AS PART OF THE
BUILDING AND THE EXTERIOR CONSIST OF THE SAME MATERIALS AS THE
BUILDING.
7. ALL WALL SIGNAGE SHALL BE REQUIRED TO APPLY FOR A CITY SIGN PERMIT.
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8. NO FREESTANDING SIGN HAS BEEN APPROVED AS PART OF THIS CONDITIONAL
USE PERMIT.
9. ANY FUTURE EXPANSIONS OR ALTERATIONS TO THE SITE SHALL REQUIRE A NEW
CONDITIONAL USE PERMIT.
10. SEMI TRAILERS, DROPPED TRAILERS OR CONTAINERS, OR OTHER TRUCKS SHALL
NOT BE KEPT ON SITE OR USED FOR STORAGE.
11. OVERNIGHT PARKING OF RECREATIONAL VEHICLES IS PROHIBITED.
12. OUTDOOR STORAGE, OUTSIDE OF THE BUILDING OR WITHIN THE GARDEN
CENTER, OF PALLETS, BOXES, BUNDLED CARDBOARD OR OTHER PACKAGING
MATERIAL, BROKEN MERCHANDISE OR MERCHANDISE NOT NORMALLY SOLD
WITHIN THE GARDEN CENTER IS PROHIBITED.
13. GROUT USED ON THE EXTERIOR ELEVATIONS SHALL MATCH THE COLOR OF THE
BLOCK.
14. MAXIMUM SQUARE FOOTAGE ALLOWED FOR WALL SIGNAGE IS 580 SQUARE
FEET.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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October 18, 1999
Page 20
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6.13. Reauest by City of Elk River for Ordinance Amendment to allow Clustered
Subdivisions in the R1 a and A 1 Zonina Districts, Ordinance No. 99- , Public Hearing
Case No. OA 98-3
Staff report presented by Steven Wensman. The City of Elk River requests an
ordinance amendment to allow single family residential cluster development in
the R1 a and A 1 zoning districts as a permitted use, with regulations. Steve
reviewed changes made in the draft ordinance.
Steve reviewed unresolved issues to be addressed by the City Council regarding
park dedication, conservation easements and septic systems.
The councilmembers agreed that a 15 percent density bonus was appropriate
when clustered septic systems are utilized.
Mayor Klinzing opened the public hearing.
Norman Lemon, 11216 Brook Road, stated that clustering would not work on his
property because the cost to put in the road would consume any profit he would
make selling the lots. He stated his support for returning to the 3 acre minimum,
which was used back in 1987.
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Dick Gruys, 22347 Monroe Street, asked why they cannot have 2-1/2 acre lots like
the property owners have which are south of County Road No. 33. He stated that
he has been quoted a price of $750,000 to build one mile of road. In order to
build a road to develop his property under the cluster ordinance, he would need
to construct a % mile road. He felt the costs were too prohibitive to develop his
property.
Dave Anderson, Park & Recreation Commissioner, complimented the Planning
Commission and staff for their work on the cluster ordinance. He supported the
collection of park dedication based on the underlying density.
Dick Gruys stated that he did not see why the city felt they needed so much park
land and that he read an article stating Elk River has more park land than the city
of Chicago.
There being no further comments from the public, Mayor Klinzing closed the
publiC hearing.
Mayor Klinzing explained that the cluster option is more suitable for larger
properties and may not be feasible for some of the smaller parcels.
Councilmember Motin stated he has some concerns regarding conservation
easements. He questioned what would happen if the open space is owned a
homeowner's association and the association fails. He felt the city should require
the open space be placed in a land trust. Council member Motin asked if there
were other options to insure the property would be taken care of.
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Steve Wensman indicated that the Minnesota Land Trust is the only land trust he is
aware of which does yearly inspections.
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October 18, 1999
Page 21
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City Attorney Peter Beck stated that a clause will be required in the agreement
between the city and the homeowner's association that if the homeowners
association fails, the city will take the necessary action to insure the open space is
taken care of. If the developer refuses to agree, clustering will not be allowed.
Mayor Klinzing stated her concern that most homeowner's associations fail and
supported language in the agreements to allow the city to step in and take
control of the open space.
COUNCILMEMBER DIETZ MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER
FOR ORDINANCE NO. 99-_, TO PERMIT SINGLE FAMILY RESIDENTIAL CLUSTERING IN
THE R1 A AND A 1 ZONING DISTRICTS WITH CLUSTERING REGULATIONS TO THE
NOVEMBER 15, 1999, CITY COUNCIL MEETING. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.14. Request by City of Elk River for Ordinance Amendment to allow liquor stores
sellina packaaed aoods as a conditional use in the C3, Hiahway Commercial
District. Ordinance No. 99- ,Public Hearina Case No. OA 99-15
Staff report by Michele McPherson. The City of Elk River requests that the C3,
Highway Commercial District be amended to allow off-sale liquor stores as a
conditional use. The councilmembers were in agreement that this issue should be
considered at the November 15, 1999, council meeting.
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Mayor Klinzing opened the public hearing. There being no public comment.
Mayor Klinzing closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO TABLE THE REQUEST BY THE CITY OF ELK
RIVER TO APPROVE ORDINANCE NO. 99-_, AN ORDINANCE INCLUDE OFF SALE
LIQUOR STORES AS CONDITIONAL USES IN THE C-3, HIGHWAY COMMERCIAL
DISTRICT, TO THE NOVEMBER 15, 1999, CITY COUNCIL MEETING. MAYOR KLINZING
SECONDED THE MOTION. THE MOTION PASSED 4-0.
8. Staff Updates
8.1. City Engineer Update on Improvement Proiects
City Engineer Terry Maurer explained that the county has agreed to install stop
signs at the intersection of County Road No. 1 and County Road No. 77 (Proctor),
until signalization of the intersection is completed. The city is asked to participate
in the cost of the signals (25 percent) and provide ongoing maintenance.
Maintenance will include lamping, providing electrical service and painting the
posts and armatures, as necessary.
COUNCILMEMBER THOMPSON MOVED TO SUPPORT SIGNALIZATION OF THE
INTERSECTION OF COUNTY ROAD NO.1 AND COUNTY ROAD NO. 77 (PROCTOR), TO
SHARE IN THE COST OF INSTALLATION (25 PERCENT), AND TO ENTER INTO AN
AGREEMENT FOR MAINTENANCE OF THE SIGNALS. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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October 18, 1999
Page 22
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10.
Adiournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk
River City Council at 12:40 p.m.
J)~ 'H~~
Debbie Huebner
Recording Secretary
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