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01-23-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 23, 1995 Members Present: Mayor Duitsman. Councilmembers Dietz. Scheel. Farber. and Holmgren Members Absent: None Staff Present: Pat Klaers. City Administrator; Sandra Thackeray. City Clerk; Peter Beck. City Attorney; Terry Maurer. City Engineer; Steve Ach. City Planner; Gary Schmitz. Assistant Planner; Phil Hals. Street Superintendent Also Present: Robert Minton, Planning Commission Representative 1 . Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider January 23. 1995 City Council Aaenda e The following items were added to the agenda: 9.1. Consider Resolution for Wetland Block Grant 9.2. Use of Lion's Park Discussion 9.3. Joint Meeting with Planning C::-r'lmission and City Council COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JANUARY 23, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5.0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: - 4.1. JANUARY 9,1995, CITY COUNCIL MINUTES u APPROVED 5.1. PAYMENT TO PALMER WEST FOR RE.ROOFING Of ELK RIVER FIRE STATION.. APPROVED 5.2. RESOLUTION 95-3, A RESOLUTION APPROVING fEES FOR 1995 u APPROVED 5.9. UPDATE FROM CITY ENGINEER ON CONCORD STREET IMPROVEMENTS __ RECEIVED 5.100. PAY ESTIMATE #2 IN THE AMOUNT Of $53,102.96 PAYABLE TO ELECTRIC SERVICE COMPANY Of MINNEAPOLIS, INC., FOR WORK COMPLETED ON THE ELK PARK CENTER/HILLSIDE CROSSING STREET LIGHTING PROJECT __ APPROVED 5.10b. PAY ESTIMATE #1 (FINAL PAY ESTIMATE) TO PALMER WEST CONSTRUCTION, INC., FOR fiRE STATION RE-ROOFING PROJECT IN THE AMOUNT OF $34,707 -- APPROVED Elk River City Council January 23, 1995 Page 2 e 5.10c. FINAL PAY . ESTIMATE IN THE AMOUNT OF $3,500.30 TO LATOUR CONSTRUCTION, INC., FOR WORK COMPLETED ON THE CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENTS -- APPROVED 5.10d. PAY ESTIMATE #2 TO BARBAROSSA AND SONS, INC., IN THE AMOUNT OF $191,418.80 FOR WORK COMPLETED ON THE WESTERN AREA PHASE II IMPROVEMENT PROJECT -- APPROVED 5.10e. FINAL PAY ESTIMATE IN THE AMOUNT OF $36,997.64 TO VEIT AND COMPANY, INC., FOR WORK COMPLETED ON THE RIP RAP IMPROVEMENT PROJECT -- APPROVED 5.11. PURCHASE OF 1988 FORD CAB AND CHASSIS FROM GLENN'S TRUCK CENTER IN THE AMOUNT OF $10,693 FOR THE WASTEWATER TREATMENT PLANT -- APPROVED 7.14. ORDINANCE AMENDMENT TO SECTION 900.24, PARKING AND LOADING REQUIREMENTS -- TABLED TO 2/27/95 8. CHECK REGISTER -- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. The Effect of Year Round School on the FamilY Rita Johnson, member of the Elk River Area Citizens League, briefly reviewed a study completed by the League on the effect of year round school On the family. 5.4. Finance Award - GFOA Certificate of Achievement e The City Administrator informed the Council that the City of Elk River has received a Certificate of Achievement for Excellence in Financial Reporting for the 1993 fiscal year. This is the fifth consecutive year that the City has received this award. A formal presentation of the plaque will take place in April. 5.5. Update on Assistant Finance Director Candidate The City Administrator informed the Council that Jean Nichols has accepted the position of Assistant Finance Director with the City of Elk River. Her starting date will be February 8, 1995. 5.6. UDdate on Ice Area Proiect Jeff Gongoll, Chairman of the Ice Arena Task Force, updated the Council on the status of the ice arena project. He informed the Council that the local bonkers have committed to financing the project. Project architect, Chuck Freiberg, from RSP Architects, Ltd., informed the Council that the schematic design phase has been completed. Mr. Freiberg provided an overview of the proposed building and project. - Brad Lemberg, construction manager from Independent Consulting Engineers, Inc., reviewed the cost of the project and the possible deducts that could be considered to keep the project cost on line. Mr. Lemberg indicated that the total project cost at this time is estimated to be $2.45 million. He further stated that with all of the deductions (approximately $47 6,500), the project is still above the budget of $1 .8 million. Elk River City Council January 23, 1995 Page 3 e He indicated that although the project is over budget by $ ] 70,000, he feels that the costs will be covered by donations and feels that the project will be feasible. Mr. Lemberg recommended that the Council authorize the design team to proceed with the design development and construction plan phases. He informed the Council that they would not be obligated to continue on with the project until after the bids are awarded. Mayor Duitsman indicated his reservations about the City committing funds for architect services to continue with the project without being assured that the $170,000 could be covered. Mayor Duitsman indicated that he would like to see some definite numbers as to how the $170,000 will be covered. Discussion took place on whether or not all the listed deductions could be removed from the project and if the deficit was really larger than $1 70,000. Discussion was held regarding the amount of money needed to continue wIth the next phase. It was indicated that the very minimal amount to continue on with the next phase (design development) would be $13,400. COUNCILMEMBER HOLMGREN MOVED TO HAVE RSP ARCHITECTS, INC. PROCEED WITH THE DESIGN DEVELOPMENT PHASE OF THE PROJECT fOR APPROXIMATELY $13,400. COUNCILMEMBER DIETZ SECONDED THE MOTION. Mayor Duitsman indicated that the Youth Hockey Association must commit to picking up some of the costs in the project. e THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 5.7. City Enoineer Presentation on Elk Hills Drive/Dodoe Avenue/Fifth Street Feasibility Study The City Engineer reviewed the Elk Hills Drive/Dodge Avenue/Fifth Street Improvement Feasibility Study. Much discussion took place regarding the two options presented in the study for intersection improvements to Trunk Highway 169, Dodge Avenue and Elk Hills Drive. Gary Santwire, representing the business owners on Dodge Avenue, requested the Council to consider approving Option 1 (Exhibit 8). Arlon Fuchs, 266 Elk Hills Drive, indicated that he supported Option 2 (Exhibit 8A). CouncHmember Farber stated he felt that Option 1 would be safer than Option 2. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE FEASIBILITY STUDY PREPARED BY TERRY MAURER AND TO HOLD A MEETING OF THE SURROUNDING NEIGHBORS TO DISCUSS THE PROJECT. Gary Santwire indicated that the owners along Dodge Avenue would be in favor of signing a petition to begin the project if Option 1 were chosen. e COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council January 23. 1995 Page 4 e 5.8. Consider Request to MnDOT on Priorities for Hiphway 10 Signals and Fundinp for West Highway 10 Frontaae Road System The Council reviewed the West Highway 10 frontage road concept submitted by the City Engineer. Terry Mourer indicated that MnDOT has indicated their willingness to participate in the funding of frontage road construction if a benefit to the trunk highway system can be proven. Terry Maurer also indicated that MnDOT has programmed a signal for the intersection of Trunk Highway 10 and Upland. He noted that these monies could be reprogrammed for a signal system at Joplin Street and Trunk Highway 10 which would delay the signal at the intersection of Trunk Highway 10 and Upland Avenue. After discussion regarding this issue. it was the consensus of the Council that there would be a signal at the intersection of Joplin Street and Trunk Highway 10. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-4, A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10 FRONTAGE ROADS AND ALSO REQUESTING FOR THE PROPOSED SIGNAL AT HIGHWAY 10 AND UPLAND AVENUE TO BE CHANGED TO HIGHWAY 10 AND JOPLIN STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12. Consider Ordinance Amendment RelatinQ to Water Utility Connection - City Attorney Peter Beck reviewed two alternative versions of the proposed water connection ordinance. He indicated that. as requested by Council. the proposed ordinance has been revised to grandfather in 011 projects which have utilities available, but which have not been assessed for water. He furtll\::~ indicated that version two more clearly spells out the options available. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-1, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY WATER UTILITY WHEN AVAILABLE AND TO REQUIRE PAYMENT OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND USE OF THE CITY WATER UTILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. City Attorney Update - County Ditch 10 City Attorney Peter Beck briefly updated the City Council on the City's progress in working with the County in relation to ditch improvements in the City of Elk River. 5.14. Consider Purchase of Used Truck for Street Department e Street Superintendent Phil Hals requested permission to sell two of the Street Deportment's older standby trucks and to use the money from the sale of the trucks, along with the funds remaining from the purchase of the loader, to purchase another used truck. He requested permission from the City Council to advertise for bids for the purchase of a truck. Elk River City Council January 23, 1995 Page 5 e COUNCILMEM8ER FAR8ER MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO SELL TWO U~ED TRUCKS AND TO ADVERTISE FOR 81DS FOR A USED TRUCK FOR THE STREET DEPARTMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Ooen Mike Larry Toth addressed the Council regarding the recent appointment to the HRA. Larry Toth indicated that he applied for reappointment to the HRA and was not apPointed by the Council. He indicated that Larry Farber was appointed and questioned whether Larry Farber had submitted an application. He indicated that he felt it was unfair that he had to follow the City's policy inn submitting an application and being interviewed for the HRA, when Larry Farber, who was appointed, did not have to follow City policy. Mayor Duitsman indicated that Larry Farber was apPointed to the HRA by himself as HRA members are Mayoral appointments subject to Council approval. Larry T oth questioned whether the Council has to abide by the policies set by the Council. He further requested the City Council to negate the appointment recently made and to leave the matter open until the situation is resolved. Mayor Duitsman indicated that the City's Attorney would review the policy and report back to the City Council on January 30. e Gene Schuldt, Chairman of the HRA, indicated that he was informed that the reason Larry Toth was not reappointed to the HRA was because it was important to have Council representation on the HRA. Gene Schuldt indicated that there already is Council representation on the HRA as the Mayor is a member of the HRA. Gene Schuldt endorsed Larry Toth for the HRA as he felt Larry Toth had many more years of experience than Larry Farber. He further indicated that he hoped the City Council would reconsider their action on this issue and consider following City pOlicy for all Boards and Commissions. The City Council recessed at 8:25 p.m. and reconvened at 8:33 p.m. 7.1. The Chuba Company Reauest for Preliminary Plat Approval. Vernon Plaza. Public HearinQ, Case No. P 94-12 7.2. The Chuba Company Reauest for a Conditional Use Permit, Vernon Plaza, Public Hearing, Case No. CU 94-35 7.3. The Chuba Company Request for a Variance. Public Hearinq, Case No. V 94~16 7.4. The Chuba Company Request for Final Plat AOQrovaL Public HearinQ, Case No. P 94-12 Planning Assistant Gary Schmitz indicated that The Chuba Company has requested approval for a preliminary plat to subdivide a 1.4 acre parcel into five industrial lots. He stated that the property is located at the corner of Vernon Street and Elk Lake Road and that the preliminary plat of Vernon Plaza is a replat of Lot 2, Block 1, Meadowvale Commercial Park. Gary Schmitz indicated that Dennis Chuba is also requesting final plat approval for Vernon Plaza. e Elk River City Council January 23. 1995 Page 6 e Gary Schmitz stated that The Chuba Company is requesting approval of a conditional use permit for a zero lot line development which would allow individual ownership of five parcels. Gary Schmitz indicated that The Chuba Company is requesting a variance to the minimum lot size in the 1-1 zoning district. Gary Schmitz explained that staff feels the applicant can demonstrate hardship because the plat is being developed into a zero lot line development. He stated that if the applicant were developing the property without a zero lot line development a variance would not be needed. Gary Schmitz stated that the Planning Commission has recommended that the City's ordinance be reviewed to possibly allow townhouse style zero lot line developments without the need of a variance. Mayor Duitsman opened the pUblic hearings for Items 7.1. through 7.4. There being no one for or against these matters, Mayor Duitsman closed the public hearings. Bob Minton, Planning Commission Representative, indicated that the Planning Commission recommended approval of the preliminary plat conditional use, and variance. Preliminary Plat e COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT FOR VERNON PLAZA, CASE NO. P 94-12, SUBJECT TO THE FOLLOWING CONDITIONS: 1. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON SPACE BE REVIEWED BY THE CITY ATTORNEY AND RECORDED WITH SHERBURNE COUNTY. 2. A SEPARATE DOCUMENT BE RECORDED WITH SHERBURNE COUNTY, DEDICATING THE COMMON AREA OF LOT 1, BLOCK 1, VERNON PLAZA, FOR DRAINAGE AND UTILITY EASEMENT PURPOSES. COUNCI1MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE CHUBA COMPANY FOR ZERO LOT LINE DEVELOPMENT BASED ON THE CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITION: 1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTtON CARRIED 5-0. e Elk River City Council January 23, 1995 Page 7 e Variance COUNCllMEMBER FARBER MOVED TO APPROVE THE VARIANCE REQUESTED BY THE CHUBA COMPANY FOR CASE NO. V 94-16 BASED ON THE FOLLOWING FINDINGS OF FACT: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP TO THE APPLICANT AS A RESULT OF A MISCOMMUNICATION OF THE INTENT OF THE ORDINANCE REQUIREMENTS CURRENTlY IN EFFECT, AND THAT THE INTENT OF THE PLANNING COMMISSION AND CITY COUNCIL IS TO MODIFY THE ORDINANCE TO ALLOW SUCH DEVELOPMENTS IN THE FUTURE, THEREFORE MAKING THE REQUEST A LEGAL, CONFORMING REQUEST IN THE FUTURE. 2. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP SINCE THE INTENT OF THE ORDINANCE IS NOT TO MANDATE OWNERSHIP OF LAND, BUT TO DIRECT LAND US!:. 3. REDUCING THE INDIVIDUAL LOT SIZE DOES NOT INCREASE THE DENSITY OF THE DEVELOPMENT OR MODIFY THE CONSTRUCTION OF THE BUILDING. 4. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Final Plat COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-5, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR VERNON PLAZA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO REQUEST THE PLANNING COMMISSION TO RESEARCH AN ORDINANCE AMENDMENT WHICH WOULD ALLOW TOWNHOUSE STYLE ZERO LOT LINE DEVELOPMENTS WITHOUT THE NEED FOR A VARIANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Tom and Sara Hartman, Gvardian Angels, Reauest for a Zone Chanqe, Public Hearinq, Case No. ZC 94-15 Tom and Sara Hartman, Guardian Anaels, Request for a land Use Amendment. Public Hearinq, Case No. lU 94-13 7.6. e City Planner Steve Ach indicated that Tom and Sara Hartman and Guardian Angels of Elk River. Inc., have made application for a land use plan amendment to change the land use from medium density residential to highway business. He indicated that an application for rezoning has also been made from single family residential and two family residential to highway commercial. He noted that the property is located at the northwest corner of Highway 10 and Joplin Street extension. Elk River City Council January 23, 1995 Page 8 e Steve Ach reviewed the staff report regarding transportation routes for development of the West Highway 10 area. He also reviewed the issues pertaining to signalization and frontage road needs. Steve Ach noted that the legal description of the area to be rezoned has not yet been determined due to the exact alignment of the frontage road not being finalized. The City Planner indicated that staff is concerned with the zoning request cs a C3 zoning designation because this district allows for a wide range of uses, some of which may not be appropriate for this location, nor compatible with the residential area immediate to the north and northwest. He suggested that the Council consider not taking any action at this time on the rezoning request as there may be a new zoning district in place in the near future. He further indicated that it is not necessary to rezone the property until an actual application for platting has been received. He indicated that at this time there has been no application for platting received by the City. Mayor Duitsman opened the public hearing. T om Hartman indicated that he is in full agreement with the City Planner and that he would not like to see intensive commercial uses in the area. Tom Hartman indicated his concern regarding the timing element in relation to the zone change and the platting process. e Steve Ach indicated the rezoning can be reviewed concurrently with a plat application; therefore no time will be lost. Peter Beck recommended that ine zone change not be done without a legal description submitted to the City. There being no further comments, Mayor Duitsman closed the public hearing. Land Use Amendment COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-6, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR- MEDIUM DENSITY RESIDENTIAL TO HB-HIGHWAY BUSINESS, CASE NO. LUA 94-13 AS REQUESTED BY TOM AND SARA HARTMAN AND GUARDIAN ANGelS OF elK RIVER, INC. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- O. Zone Chanoe COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ZONE CHANGE REQUEST BY TOM AND SARA HARTMAN AND GUARDIAN ANGELS OF ELK RIVER, INC. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council January 23, 1995 Page 9 e 7.7. Variance Reauest by John Weicht and Associates, Public Hearina, Case No. V 94- 12 Planning Assistant Gary Schmitz stated that John Weicht and Associates is requesting a five foot sideyard variance for a 100 foot by 120 foot addition to the existing Furniture and Things warehouse in the Rail 10 subdivision. Gary Schmitz reviewed the staff report on this request. Mayor Duitsman opened the public hearing. Harold Novotney, 9884 174th Avenue NW, indicated his concern regarding drainage onto his property. He suggested that the City put an 18 inch tile underground to correct the drainage problem. He further stated that there are other properties other than Furniture and Things that drain onto his property. Mr. Novotney further stated that there is no easement recorded on the plat. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FIVE FOOT VARIANCE REQUESTED BY JOHN WEICHT AND ASSOCIATES BASED ON THE INFORMATION IN STAFF'S MEMO INCLUDING THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY CREATING A NONCONFORMING SITUATION FOR THE EXISTING BUILDING. e 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION, BUT DUE TO AN OVERSIGHT BY CITY STAFF. 3. GRANTING THE VARIANCE Will NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER, OR THE GENERAL AREA WHERE THE PROPERTY IS LOCATED. 4. GRANTING THE VARIANCE WOULD ALLOW FOR A CONSISTENT BUILDING LOCATION ALONG THE ENTIRE SOUTH PROPERTY LINE. AND FURTHER THAT STAFF SHOULD CONTINUE TO RESEARCH THE DRAINAGE ISSUE ON MR. NOVOTNY'S LAND. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Kinaman Buildina Company Reauest for a Zone Change, Public Hearina, Case No. ZC 94-16 7.9. Kingman Buildina Company Reauest for Preliminary Plat. Country Ridae T ownhomes, Public Hearing, Case No. 94-13 7.10. Kinaman Buildina Company Reauest for a Conditional Use Permit. Public Hearina, Case No. CU 94-36 City Planner Steve Ach stated that the Kingman Building Company is requesting the following: e Elk River City Council January 23, 1995 Page 10 e · Rezoning approximately five acres from R 1 c~Single family residential to PUD~Planned Unit Development, Outlot B of Country Crossing 2nd Addition (15 acres lying southwest of the intersection of Joplin Street and 183rd Avenue) · Preliminary Plat to subdivide 15 acres into 64 twinhome lots and one lot dedicated to common space · A conditional use permit for site plan review of a Planned Unit Development. Steve Ach reviewed the staff report on these requests. Mayor Duitsman opened the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission recommended approval of all three requests. There being no comments from the public, Mayor Duitsman closed the public hearing. Zone Chanae e COUNCllMEMBER SCHEEL MOVED TO ADOPT ORDINANCE 95~2, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1c~SINGlE FAMilY RESIDENTIAL TO PUD~PLANNED UNIT DEVELOPMENT, CASE NO. IC 94-16. COUNCllMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Preliminary Plat COUNCllMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY KINGMAN BUilDING COMPANY, CASE NO. P 94-13, TO SUBDIVIDE 15 ACRES WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN TERRY MAURER'S MEMO DATED 12/27194. 2. THE PLAT CONSIST OF 62 TWINHOME LOTS AND ONE LOT DEDICATED TO COMMON SPACE AND CONTROllED BY THE HOMEOWNER'S ASSOCIATION. 3. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY THE CITY ENGINEER AND ELK RIVER UTILITIES. 4. NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS PART OF THE PROJECTS UTILITY IMPROVEMENTS. 5. A SIDEWALK BE INSTALLED ALONG THE SOUTH SIDE OF 183RD AVENUE FROM JOPLIN STREET TO SANDPIPER ESTATES. 6. A STORM WATER MANAGEMENT FEE IN THE AMOUNT OF $120.00 PER UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. e Elk River City Council January 23, 1995 Page 11 e 7. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDINGS. 8. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT fOR RECORDING. 9. ASSOCIATION DOCUMENTS BE SUBMITTED fOR REVIEW BY THE CITY ATTORNEY PRIOR TO RELEASING THE PLAT FOR RECORDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT fOR SITE PLAN REVIEW REQUESTED BY KINGMAN BUILDING COMPANY, CASE NO. CU 94- 36, BASED ON THE INFORMATION IN STAfF'S MEMO TO THE PLANNING COMMISSION DATED 12/27/94 AND THE FACT THAT THERE WAS NO ADVERSE RESPONSE DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. A PUD AGREEMENT OUTLINING THE STANDARDS fOR THE DEVELOPMENT BE PREPARED AND EXECUTED PRIOR TO RECORDING THE PLAT. 2. ALL COMMENTS STATED IN THIS REPORT BE INCORPORATED AND MADE PART Of THE DEVELOPMENT PLANS. e 3. ALL Of TERRY MAURER'S COMMENTS BE INCORPORATED AND MADE PART OF THE DEVELOPMENT PLANS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.11. Belanger Request for Administrative Subdivision, Public Hearinq, Case No. AS 94-18 Planning Assistant Gary Schmitz indicated that Betty Belanger is requesting an administrative subdivision to divide a 63.33 acre parcel into a 10.35 acre parcel and a 52.98 acre parcel. The property in question is located on the east side of Elk Lake Road, just north of Ranch Road. Mayor Duitsman opened the publiC hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTI:D BY BETTY BELANGER TO SUBDIVIDE A 63.33 ACRE PARCEL INTO A 10.35 ACRE PARCEL AND A 52.98 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PAYMENT Of PARK DEDICATION FEES IN THE AMOUNT OF $450.00 BE PAID TO THE CITY PRIOR TO RECORDING. e 2. PAYMENT OF STORM WATER IMPACT fEE IN THE AMOUNT OF $50.00 BE PAID TO THE CITY PRIOR TO RECORDING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council January 23. 1995 Page 12 e 7.12. Reauest to OCCUpy Auto Mall Prior to Completina Improvements to Carson Street and On Site Parkina Lot City Planner Steve Ach indicated that on August 1, 1994. the City Council approved a conditional use permit for Elk River Auto Mall to construct a 19.000 square foot auto mall at the north end of Carson Street. He indicated that a condition of the approval of the conditional use permit was that improvements be completed prior to occupancy of the proposed businesses. Another condition for approval was to widen the south end of Carson Street by including a right hand turn lane. Steve Ach stated that John Weicht is requesting authorization to allow the businesses to open prior to Carson Street being completed and to allow the businesses to open without completing the paving of their parking area. John Weicht indicated that he would not be looking for the businesses to be running in full operation prior to completion of the improvements. He further indicated that the only business that is requesting to open prior to the improvements being completed is Tires Plus. Discussion was held by the Council regarding the issue of setting a precedent by allowing businesses to open prior to improvements being completed. Discussion was also held regarding the fact that the request was for only one business to open in the mall. e COUNCILMEMBER SCHEEL MOVED TO ALLOW ONE BUSINESS TO OPEN IN THE ELK RIVER AUTO MALL AS LONG AS THE STREET AND BLACKTOP ARE BONDED TO ASSURE THAT THE IMPROVEMENTS ARE COMPLETED BY JUNE 1. COUNCILMEMBER FARBER SECONDED THE MOTION. The City Administrator stated that he feels this would be setting a precedent. COUNCILMEMBER SCHEEL MOVED TO AMEND THE MOTION TO INCLUDe THE FOLLOWING LANGUAGE - THAT A $25,000 LETTER OF CREDIT WOULD BE FORFEITED IF THE IMPROVEMENTS ARE NOT COMPLETED BY JUNE 1, 1995. COUNCILMEMBER FARBER SECONDED THE AMENDMENT. THE MOTION AS AMENDED FAILED 2-3. Mayor Duitsman. Council member Dietz and Councilmember Holmgren opposed. 7.13. City of Elk River Reauest for Ordinance Amendment. Zonina Ordinance Section 900.30, Screenina and Landscapina Reauirements. Case No. OA 94-5 City Planner Steve Ach stated that the City Council previously reviewed the proposed landscaping and screening ordinance amendment on November 21. He indicated that staff has responded to the concerns of the Council from the November 21 meeting. and submitted a revised version to the Planning Commission on December 27 for their comments. Mayor Duitsman opened the public hearing. e Jeff Gongoll, Riverside Development. indicated his opposition to the section of the ordinance amendment pertaining to preservation of trees. He indicated that this is an issue which developers deal with through the development process. Mr. Elk River City Council January 23, 1995 Page 13 e Gongoll further indicated his opposition to the performance guaranty required in the ordinance amendment. He stated that this would add a financial burden to the developers. Jeff Gongoll stated that the Developer's Agreement and PUD Agreement guarantee the requirements of the landscaping plan. City Planner Steve Ach stated that not every development requires a Developer's Agreement. He further indicated that the landscaping and screening ordinance set the standards so that 011 developers are aware of the City's requirements. Councilmember Farber indicated his objection to the financial guaranty. He indicated that this guaranty adds another burden to the developers. Bob Minton, Planning Commission Representative, indicated that the Planning Commission recommended approval. He further stated that the Planning Commission felt that the underground irrigation was an unnecessary expense. He indicated that the Planning Commission felt it was necessary to odd a requirement that screening of headlights from residential property be attained through the landscaping ordinance. Steve Ach indicated that the underground irrigation is required as a guarantee that the landscaping requirements be maintained. It was suggested that this requirement be left in the ordinance with objective to waive the requirement if the Council so desires. e Councilmember Scheel indicated that she does not like the landscaping and screening ordinance. She indicated that the requirements of the landscaping and screening ordinance add costs to the developers which are passed on to the seller. She further indicated she did not feel the developer needs the City to tell them how to make their property more attractive. She further stated that she felt everyone being required to follow the same requirements would make for a very boring community to have everything the same. She stated she disapproves of the ordinance and felt that the City needs requirements that protect and safeguard the community, but nothing beyond that. COUNCILMEMBER DIETZ MOVED TO APPROVE THE SCREENING AND LANDSCAPING ORDINANCE, CHANGING THE FINANCIAL GUARANTEE WORDING TO STATE THAT THE FINANCIAL GUARANTEE DOES NOT AFFECT THE AMOUNT OF THE LETTER OF CREDIT. Councilmember Dietz requested the City Attorney to amend the language in the landscaping and screening ordinance pertaining to the Letter of Credit. THE MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ISSUE FOR ONE MORE WEEK. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.15. Reauest to Consider a Moratorium on all new Multi-Familv Construction - City Planner Steve Ach stated that the Steering Committee is requesting a moratorium on all new multi-family development until the update of the Comprehensive Plan is completed. Elk River City Council January 23, 1995 Page 14 e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-7, A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM ON MULTI-FAMILY DWELLINGS AND DIRECTING THAT NO PERMITS OR APPROVALS BE GRANTED PENDING THE PUBLIC HEARING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.16. Update on Steerinq Committee Bob Minton, Steering Committee Choir, updated the Council on the progress of the Steering Committee. 9. Other Business 9.1. Wetland Block Grant COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-8, A RESOLUTION REQUESTING BLOCK GRANT MONEY TO AID IN FUNDING THE ADMINISTRATION OF THE WETlAND CONSERVATION ACT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.2. Use of lion's Park e Councilmember Dietz stated he did not feel it was necessary for the issue regarding the use of lion's Park to go back to the Park and Recreation Commission for discussion as this has already been discussesd by the Park and Recreation Commission. He felt it would be more appropriate for the lion's to appear before the City Council to discuss this issue. 9.3. Planninq Commission/City Council Joint Mee;inq Bob Minton, Planning Commission Chair, stated that the Planning Commission has requested a joint meeting with the City Council. It was the consensus of the Council to hold a joint meeting with the Planning Commission and to decide the date of this meeting on January 30. 11. Motion to Call Executive Session of the City Council COUNCILMEMBER FARBER MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS THE PENDING LITIGATION OF THE EARL HOHLEN PROPERTY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. fa Elk River City Council January 23. 1995 Page 15 e 12. Adjoumment There being no further business. COUNCILMEMBER DIETZ MOVED TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The regular meeting of the Elk River City Council was adjoumed at 10:45 p.m. ;z;zmitted. Sandra Thackeray City Clerk e e