Loading...
06-19-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 19, 1995 Members Present: Mayor Duitsman, Councilmembers Scheel, Holmgren and Dietz Members Absent: Councilmember Farber (funeral attendance) Staff Present: Pat K/aers, City Administrator; Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Peter Beck, City Attorney; Terry Maurer, City Engineer; Steve Ach, City Planner; Tom Zerwas, Police Chief; Phil Hals, Street/Park Superintendent Also Present: Tom Dillon, 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 p.m. by Mayor Duitsman. 2. Consider Council Aaenda - COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JUNE 19, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda CO~NCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.1. JUNE 5, 1995, REGULAR CITY COUNCIL MINUTES u APPROVED 4.2. JUNE 5, 1995, EXECUTIVE SESSION CITY COUNCIL MINUTES u APPROVED 5.2. RENEWAL OF 1995-96 LIQUOR LICENSES AS INDICATED IN MEMO TO COUNCIL DATED JUNE 19,1995 -- APPROVED 5.3. TRANSIENT MERCHANT LICENSE FOR JAMES FITCHIE TO SELL ICE CREAM FROM A VENDING TRUCK IN THE CITY OF ELK RIVER u APPROVED 5.4. CIGARETTE LICENSE FOR TARGET AT 19146 FREEPORT AVE u APPROVED 5.50. TEMPORARY 3.2 BEER ON SALE LICENSE FOR THE CHAMBER OF COMMERCE TO SELL BEER DURING THE FOURTH OF JULY CELEBRATION AT ORONO PARK __ APPROVED 5.5b. TEMPORARY 3.2. BEER ON SALE LICENSE TO SELL BEER DURING THE SHERBURNE COUNTY FAIR JULY 20-23 u APPROVED 5.60. PAY ESTIMATE #2 FOR 221ST AVENUE IMPROVEMENT PROJECT IN THE AMOUNT OF $63,841.90 PAYABLE TO SJ LOUIS, INC., u APPROVED 5.6b. PAY ESTIMATE #4 FOR THE WESTERN AREA PHASE II IMPROVEMENT PROJECT IN THE AMOUNT OF $430,390.19 PAYABLE TO BARBAROSSA AND SONS u APPROVED e Elk River City Council Minutes June 19, 1995 Page 2 - 5.6c. PAY ESTIMATE #1 FOR HIGHWAY 12/13 STORM SEWER PROJECT IN THE AMOUNT OF $187,914.71 PAYABLE TO PERKINS CONTRACTING, INC., .. APPROVED 5.6d. FINAL PAY ESTIMATE FOR RIP RAP PROJECT IN THE AMOUNT OF $2,849.24 PAYABLE TO VErr AND COMPANY.. APPROVED 5.8. RESOLUTION 95-30 CALLING FOR THE EARLY REDEMPTION OF $1,975,000 GENERAL OBLIGATION IMPROVEMENT BOND SERIES 1986A .. APPROVED 5.10e. UPDATE ON YOUTH RECREATION fiELDS AND DEVELOPMENT PLANS 8.1. MOTION CALLING EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PENDING LITIGATION INVOLVING THE EARL HOHLEN PROPERTY TO BE HELD IMMEDIATELY fOLLOWING THE JUNE 19, 1995, CITY COUNCIL MEETING -- APPROVED 8.3. MOTION CALLING EAST HIGHWAY 10 UTILITIES COUNCIL WORKSESSION FOR JUNE 26, 1995, FOLLOWING THE REGULAR CITY COUNCIL MEETING APPROVED 9.1. 1995 LEGISLATIVE UPDATE PROVIDED BY THE CITY ADMINISTRATOR ACCEPTED COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1. Issue Oath of Office to Police Officer The City Clerk issued the Oath of Office to Richard B. Weiss for the office of Police Officer for the City of Elk River. - 5.7. Discuss Health Insurance Renewal Bids Assistant City Administrator Lori Johnson presented the City Council with the health insurance renewal bids from HealthPartners and Medica Premier. The Council discussed the pros and cons of each health insurance plan. Minnesota Insurance Agency Representatives Barry Rosenberg and Rick Nelson were present to answer questions. It was the consensus of the Council that the Medica Premier plan would be the best for the city employees because of the three year contract which guarantees a maximum increase of 6.5 percent for renewal in 1996 and a maximum of 6 percent for renewal in 1997. Lori indicated that the rates are now age based. There are no longer set rates for single and family coverage. Therefore. each employee may have a premium which is different. It is now legal to charge employees their actual premium instead of struggling with averaging premiums which are constantly changing. COUNCILMEMBER DIETZ MOVED TO ENTER INTO A THREE YEAR CONTRACT WITH MEDICA FOR HEALTH INSURANCE UNDER THE CHAMBER COALITION PREMIER PLAN EFFECTIVE AUGUST 1, 1995. EFFECTIVE JULY 1, THE CITY WILL CONTRIBUTE $295.00 PER MONTH FOR SINGLE DENTAL, LIFE, AND HEALTH INSURANCE WITH THE STIPULATION THAT IS ANY EMPLOYEE'S HEALTH INSURANCE PREMIUM EXCEEDS 190 PERCENT OF THE CITY'S CONTRIBUTION, THE CITY WILL PAY THE EXTRA COST. HOWEVER, IN NO INSTANCE WILL THE CITY PAY OVER $295.00 UNTIL THE EMPLOYEE'S COST REACHES THE CURRENT CONTRIBUTION OF $288.92 PER MONTH. ALL EMPLOYEES WILL PAY BASED ON THEIR INDIVIDUAL PREMIUM CHARGED BY MEDICA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Elk River City Council Minutes June 19, 1995 Page 3 e 5.9. Discussion on Fire Deoartment Street Donee Planned for Seotember 9, 1995 Fireman Tom Dillon updated the Council on the Elk River Fire Deportment's plans for on open house and street donee on Saturday. September 9. 1995. He informed the Council that the street donee will necessitate the closing of 4th Street. He further indicated that the Elk River Lion's will be selling liquor at the event. COUNCILMEMBER SCHEEL MOVED TO SUPPORT THE FIRE DEPARTMENT'S OPEN HOUSE AND STREET DANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.100. Discuss Annual Use of Park Dedication Fees in Area Parks Street/Park Superintendent 'Phil Hals noted that the Park and Recreation Commissi.on has mode 0 recommendation for the use of $25,000 of park dedication funds for smaller improvements in parks throughout the city. The City Council reviewed the Park and Recreation Commission's recommendations for park improvements. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE PARK AND RECREATION COMMISSION'S RECOMMENDATIONS FOR PARK EXPENDITURES AND ALSO TO APPROVE THE PURCHASE OF A FOUR FOOT TRAIL TENDERIZER FOR THE SUM OF $1,550 TO BE FUNDED FROM THE PARK EQUIPMENT RESERVE FUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1 Db. Uodate on Woodland Trails Park Grant Proaram Street/Park Superintendent Phil Hals updated the City Council on the pork improvements in Woodland Trails Park that are scheduled to be completed in 1995. He indicated that these improvements and expenditures will complete the state grant project which was received a few years ago. 5.1 Dc. Discuss Parkino on Main Street at EDA Site Street/Park Superintendent Phil Hals noted that the Park and Recreation Commission has recommended that four parking stalls in front of the EDA site be eliminated to increase the visibility of the green space and river. Phil Hots noted that removing the parking stalls would encourage more activity at the site and would benefit the central business district. Mayor Duitsman indicated he would be in favor of eliminating the four parking stalls in front of the EDA site if angle parking could be added to King Street. He indicated that the addition of angle parking to King Street would increase the number of parking stalls available in the downtown area. e The City Council discussed the issue of park benches for the EDA site. The Pork and Recreation Commission recommended the purchase of two six foot redwood benches for the site. The City Council discussed the pros and cons of wooden benches versus metal benches. It was the consensus of the Council to have the Park and Recreation Commission review this matter and come back to the Council with a recommendation at a future date. Elk River City Council Minutes June 19, 1995 Page 4 e COUNCILMEMBER DIETZ MOVED TO CLOSE THE FOUR PARKING STALLS IN FRONT OF THE EDA SITE AND TO HAVE THE PARK AND RECREATION COMMISSION RESEARCH THE STYLE AND COST OF BENCHES FOR THE EDA SITE AND HAVE THE CITY ENGINEER REVIEW THE POSSIBILITY OF ANGLE PARKING ON KING STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.lOd. Acceot Commission Clete Lioetzky's Resignation and Authorize Advertisement for Vacancy on the Park and Recreation Commission It was noted that C1ete Lipetzky had not formally submitted a resignation from the Park and Recreation Commission, therefore, it was the consensus of the Council to take no action on this issue at this time. 5.11. Community Recreation Board Uodate by Council member Holmaren Councilmember Holmgren updated the City Council on the topics and events that took place at the last Community Recreation Board meeting. He noted that the major topics were the need for space and more secretarial assistance. 5.12. Utilities Commission Uodate by Councilmember Dietz Councilmember Dietz updated the City Council on the agenda topics and discussion items from the last Utilities Commission meeting. e 5.13. Consider A warding Bid for Reoaintina of Wastewater Treatment Plant Buildina City Engineer Terry Maurer noted that Rainbow, Inc., who was the low bidder for the repainting of the WWTP building project, has requested to withdraw their original bid as they had misinterpreted the bidding documents and underestimated the project cost. Terry Maurer questioned whether the Council would be willing to accept the new bid submitted by Rainbow, Inc., or readvertise for the project. It was the consensus of the Council to take no action until the Wastewater Treatment Plant Superintendent reviewed the issue. COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ISSUE UNTIL THE JUNE 26, 1995, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.14. Uodate on County Road 1 Imorovement Proiect Scheduled for 1995 and Consider Resolution Reauestina Traffic StudY at School Street and Proctor Avenue . .. ... City Engineer Terry Maurer informed the Council that Sherburne County is planning to move ahead for the proposed improvements for CSAH # 1 this year. Terry Maurer reviewed the improvements that were planned to take place on County Road 1. e Terry Maurer indicated that he had made the county aware of the city's desire to consider the signalization of the intersection of CSAH #1 and School Street. He noted that the county engineer has requested the City Council to pass a resolution requesting Sherburne County to order a traffic study at the intersection of CSAH # 1 and School Street. Elk River City Council Minutes June 19, 1995 Page 5 e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-31, A RESOLUTION REQUESTING THE SHERBURNE COUNTY BOARD OF COMMISSIONERS TO ORDER A TRAFFIC SIGNAL WARRANT STUDY AT THE INTERSECTION OF CSAH #1 (PROCTOR AVENUE) AND SCHOOL STREET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.15. Verbal Uodate on Joplin Street anc;:l Western Area Phase /I Proiect City Engineer Terry Maurer updated the City Council on the status of the improvements that have taken place on Joplin Street and the Western Area Phase II project. He noted that the curb and gutter improvements would soon be completed and that the streets will be in useable condition for the 4th of July. 8. Other Business 8.4. Mavor Duitsman - Request to Attend Certain Events Mayor Duitsman stated that he has been invited to attend two grand opening events, both of which occur when he will be out of town. Vice Mayor Scheel noted that she would attend the events in his place. 8.5. Riverview Heiahts ImProvements e Councilmember Dietz noted that he has been approached by a resident of Riverview Heights regarding the possibility of extending sewer and water to the Riverview Heights area. The City Council discussed this issue. It was noted that an informational hearing could be held in order to inform the residents of the improvement process and to get an idea of how many residents would be in favor of the improvements. COUNCILMEMBER DIETZ MOVED TO HOLD AN INFORMATIONAL HEARING FOR THE RESIDENTS OF RIVERVIEW HEIGHTS FOR THE POSSIBILITY OF EXTENDING SEWER AND WATER TO THE RIVERVIEW HEIGHTS SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.2. Review Summer Meetina Schedule The City Council reviewed the summer meeting schedule provided by the City Administrator. The City Administrator noted that a WOrkshop would be held by the City Council following the regular City Council meeting on June 26 to discuss East Highway 10 utilities. The City Council recessed at 6:55 p.m. and reconvened at 7:00 p.m. 5.16. Public Hearin9 to Consider a Tax Increment Financina Plan for T1F District No. 12 (Mowrv/Neos, Inc., Expansion e Economic Development Coordinator Bill Rubin noted that Jack Mowry of Mowry/Neos, Inc., is requesting Tax Increment Financing assistance for the construction of a 12,000 square foot facility. Bill Rubin noted that the request for tax increment assistance was in the amount of $80,000; $60,000 of which is for land acquisition and $20,000 of which is for site preparation. Elk River City Council Minutes June 19, 1995 Page 6 e Mayor Duitsman opened the public hearing. Jack Mowry addressed the Council regarding his reasons for expansion. He noted that at the current time, Metalcraft and Neos are in the same building. He indicated that both businesses need room for expansion. Mr. Mowry noted that the expansion of the businesses will provide for up to three more full time people than are currently employed within the next six years. Bill Rubin reviewed the two issues which were discussed by the Economic Development Authority during its public hearing on June 12, 1995. Those issues included the loss of lGA and HACA funds as a result of the new TIF District and the maximum amount of the TIF grant. Bill Rubin noted that the city's TIF pOlicy allows a maximum grant based on 15 percent of the market value of any project. He noted that 15 percent of the estimated $400,000 market value of this request would amount to a $60,000 TlF grant. Bill Rubin further noted that the total amount of lGA and HACA reductions the city would realize based on a $60.000 request would be approximately $24.400 over a five year TlF collection period. Bill Rubin explained that new legislation allows a city or Tax Increment Authority to opt out of the lGA/HACA reduction by contributing a 10 percent "qualified local contribution." There being no further comments from the public, Mayor Duitsman closed the public hearing. e Bill Rubin distributed a letter of support for this project from the Elk River Area Chamber of Commerce. Mayor Duitsman noted that he supported the request at 15 percent of the market value of the project and with the city opting out of the lGA/HACA reduction by paying 10 percent of the TlF assistance requested. He requested staff to make a recommendation on how the 10 percent should be funded. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-32, A RESOLUTION RELATING TO THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 12 AND THE ADOPTION AND APPROVAL OF THE TAX INCREMENT FINANCING PLAN RELATED THERETO LOCATEO WITHIN DEVELOPMENT DISTRICT NO.1. COUNCILMEMBER HOLMGREN SECONOED THE MOTION. THE MOTION CARRIED 4-0. 6. Open Mike No one appeared for this item. 7.13. Riverside Development Reauest to Grant Extension of Preliminary Plat Approval for Cherryhill Bluffs 4th Addition City Planner Steve Ach stated that the developer for Cherryhill Bluffs 4th Addition is requesting an extension for preliminary plat approval. He noted that the Council originally granted preliminary plat approval for Cherryhill Bluffs 4th Addition on May 3, 1993. e COUNCILMEMBER HOLMGREN MOVED TO GRANT A PRELIMINARY PLAT EXTENSION FOR CHERRYHILL BLUFFS 4TH ADDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes June 19, 1995 Page 7 . 7.1. Kraus-Anderson/Video Uodate Reauest for a Conditional Use Permit. Public Hearina. Case No. CU 95-08 City Planner Steve Ach stated that Kraus-Anderson is requesting a conditional use permit for a site plan review to construct a 6.000 square foot building for Video Update located at Lot 4. Block 4. Elk Park Center. Steve Ach presented the staff report on this issue. He noted that the Planning Commission recommended approval. 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 CONDITIONAL USE PERMIT REQUEST BY KRAUS-ANDERSON OF ELK RIVER, INC., TO CONSTRUCT A 6,000 SQUARE FOOT COMMERCIAL BUILDING TO BE OCCUPIED BY VIDEO UPDATE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED MAY 23, 1995, BE INCORPORATE.D INTO THE PROPOSED DEVELOPMENT PLANS. 2. ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE INCORPORATED INTO THE DEVELOPMENT PLANS. e 3. THREE SETS OF REVISED PLANS BE SUBMITTED TO STAFF FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Kraus-Anderson Reauest for a Conditional Use Permit - Buildina E. Public Hearina. Case No. CU 95-07 City Planner Steve Ach indicated that Kraus-Anderson is requesting a conditional use permit for a site plan review to construct a 16.000 square foot multi-tenant retail store as part of the Elk Park Center planned unit development. Steve Ach reviewed the staff memo for this request. He noted that the Planning Commission recommended approval of the conditional use permit. 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 CONDITIONAL USE PERMIT FOR KRAUS-ANDERSON TO CONSTRUCT A 16,000 SQUARE FOOT BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OUTLINED IN STAFF'S MEMO DATED MAY 23, 1995, BE INCORPORATED INTO THE REVISED DEVELOPMENT PLANS. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT BE AMENDED TO ALLOW THE PROPOSED CHANGE IN SIGN REQUIREMENTS FOR THOSE MULTI-TENANT BAYS WITH A WIDTH OF 20 FEET. e Elk River City Council Minutes June 19, 1995 Page 8 e 3. THREE SETS OF REVISED PLANS BE SUBMITTED TO STAFF FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.3. John Weicht/Kennedy Transmission Reauest for a CQnditional Use Permit. Public Hearina. Case No. CU 95"'()6 City Planner Steve Ach indicated that the Elk River Auto Mall is requesting a conditional use permit for a 3,500 square foot auto repair facility to be occupied by Kennedy Transmission. The facility will be located north of Main Street. west of Carson Street, and immediately south of the new ABRA Auto Body. Steve Ach reviewed the staff report for this request. He noted that the Planning Commission recommended approval of the conditional use permit. 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 CONDITIONAL USE PERMIT FOR THE ELK RIVER AUTO MALL, LLC, TO OPERATE AN APPROXIMATELY 3,500 SQUARE FOOT AUTO REPAIR FACILITY TO BE OCCUPIED BY KENNEDY TRANSMISSION WITH THE CONDITIONS SET FORTH IN THE STAFF REPORT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOnON CARRIED 3-0-1. Council member Scheel abstained. 7.4. Ron and Paula Dargis Reauest for Shoreland Variance, Public Hearina, Case No. V 95-03 e Planning Assistant Gary Schmitz indicated that Ron and Paula Dargis are requesting a 22 foot variance to the 50 foot shoreland setback requirement for Lake Orono. He noted that the property is located at 1946 Main Street, Lot 5 and 6, Block 2, Orono Addition. Gary Schmitz reviewed the staff report for this issue. He noted that the Department of Natural Resources (DNR) has reviewed the request and has recommended approval. He further noted that staff is recommending approval based on the findings stated in staff's memo dated June 19, 1995. Gary Schmitz further noted that the Planning Commission concurred with staff's findings and recommended approval of the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. COUNCILMEMBERSCHEEL MOVED TO APPROVE THE 22 FOOT VARIANCE TO THE 50 FOOT SHORELAND SETBACK REQUIREMENT REQUESTED BY PAULA AND RON DARGIS FOR PROPERTY LOCATED AT LOT 5 AND 6, BLOCK 2, ORONO ADDITION, BASED ON THE FOUR FINDINGS AS LISTED IN STAFF'S MEMO TO THE MAYOR AND CITY COUNCIL DATED JUNE 19, 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Elk River City Council Minutes June 19, 1995 Page 9 e 7.5. Elk River Eagles/River Valley Lumber Request for Land Use Amendment. Public Hearing, Case No. LUA 95-05 Elk River Eaqles/River Valley Lumber Request for Zone Chanqe, Public Hearinq, ZC 95-05 7.6. Planning Assistant Gary Schmitz informed the Council that the Elk River Order of Eagles and River Valley Lumber, Inc., are requesting a land use amendment from U, light Industrial to HB, Highway Business, and a zone change from 11, light Industrial to C3, Highway Commercial. The subject property is bounded on the north by 4th Street. on the east by Jackson Avenue, and the south by the Burlington Northern railroad tracks. Gary Schmitz reviewed the land use and zone change proposal as outlined in staff's memo dated June 19, 1995. Gary Schmitz noted that the Planning Commission recommended approval of both the land use amendment and the zone change. Mayor Duitsman opened the public hearing. Gayle Hoelene, President of the Elk River Eagles and representative of River Valley Lumber Company, informed the City Council that the cabinet shop is partially located on the Eagles property and they are planning to relocate. There being no further comments, Mayor Duitsman closed the public hearing. e COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-33, A RESOLUTION AMENDING THE CITY OF ELK RIVER COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM L1, LIGHT INDUSTRIAL TO CB, CENTRAL BUSINESS, CASE NO. LUA 95-05. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-11, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM 11, LIGHT INDUSTRIAL TO C3, HIGHWAY COMMERCIAL, CASE NO. ZC 95-05. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.7. Ordinance Amendment Request by the City of Elk River, Public Hearinq, Case No. OA 95-05 Planning Assistant Gary Schmitz noted that the City of Elk River is requesting an ordinance amendment which would amend the use section of the Elk River code to allow lumberyards as 0 conditional use in the C3, Highway Commercial zoning district. He noted that the amendment would also delete unenclosed lumber yards as a permitted use in the 1-1, light Industrial and 1-2, Medium Industrial zoning district. Mayor Duitsman opened the pUblic hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Council member Scheel stated that she would like to see the Elk River ordinance restrict lumber yards from locating a certain distance from schools and churches. e COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-12, AN ORDINANCE AMENDING SECTION 900.12, PERMITTED, ACCESSORY, AND CONDITIONAL USES BY Elk River City Council Minutes June 19, 1995 Page 10 e DISTRICT. OF THE ELK RIVER CODE OF ORDINANCES RELATING TO LUMBER YARDS. CASE NO. OA 95-05. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO REFER BACK TO THE PLANNING COMMISSION. THE STUDY OF APPROPRIATE SPACING REQUIREMENTS FOR LUMBER YARDS IN RELATION TO SCHOOLS AND CHURCHES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4.0. 7.8. Louck's and Associates Reauest for Drainaae Easement Vacation, Public Hearina, EV 95-04 City Planner Steve Ach noted that Louck's and Associates have requested to vacate a drainage and utility easement located within the Meadowvale Heights 2nd Addition. He stated that due to the wetland boundary being re-identified further west than originally estimated during final plat. the entire drainage and utility easement is no longer necessary. Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. City Engineer Terry Maurer noted that there is on amendment to the legal description stated in the attached resolution. He stated that the city normally reserves a 10 foot easement clong the back of the lots and indicated that this should be included in the resolution. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-34. A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS FOR MEADOWVALE HEIGHTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.9. Gerald Sneft Reauest for Administrative Subdivision. Case No. AS 95-05 Planning Assistant Gary Schmitz indicated that Gerald Sneft is requesting an administrative subdivision to divide a 28.67 acre parcel into a 10.4 acre parcel and a 18.27 acre parcel. The property is located on the north side of County Road 21 near the intersection of County Road 13. Mayor Duitsman opened the public hearing. There being no one for or against the matter. Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY GERALD SNEFT TO DIVIDE A 28.67 ACRE PARCEL INTO A 10.40 ACRE PARCEL AND A 18.27 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $500 BE PAID TO THE CITY PRIOR TO RECORDING. 2. PAYMENT OF SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes June 19, 1995 Page 11 e Councilmember Scheel noted that although she voted to approve the subdivision request she did not agree with the city requiring park dedication fees and surface water management impact fees. 7.10. Windsor Development Reauest for Preliminary Plat Aooroval. Lafavette Woods, Public Hearinq, Case No. P 95.02 7.11. Windsor Develooment Request for Land Use Amendment for the Urban Service Area, Public Hearina. Case No. LUA 95-03 7.12. Windsor Develooment Request for Zone Chanqe from R 1 a to R 1 c, Public Hearing, Case No. ZC 95.03 City Planner Steve Ach indicated that Windsor Development is requesting an amendment to the Comprehensive Plan to expand the urban service boundary further north to accommodate the proposed development plan. He explained that approximately half of the proposed de\?elopment is currently outside of the urban service area and the southern half is within the current urban service boundary. Steve Ach noted that the Steering Committee and Planning Commission recommended expanding the urban service boundary as requested by the applicant. e Steve Ach noted that the applicant is requesting to rezone approximately 80 acres from R 1 a single family residential to R 1 c single family residential. He noted that R 1 c zoning would allow minimum lot sizes of 10,000 square feet. He further indicated that the current zoning of R 1 a, which requires a minimum lot size of 2112 acres would no longer be the appropriate zoning if the urban service area is expanded further to the north. Steve Ach noted that the applicant is also requesting preliminary plat approval to subdivide approximately 120 acres into single family residential lots. It was mentioned that given the project's size, the final plat will most likely occur in phases. Steve Ach reviewed the summary of issues regarding the preliminary plat as stated in the staff memo dated June 19, 1995. The Council discussed the issue of 193rd Avenue. Steve Ach indicated that there are three options for 193rd A venue which include improving the road to serve local traffic, vacating the road now, or vacating the road in the future. It was the consensus of the Council that 193rd Avenue should remain in place and that there be no improvements made at this time. The City Council discussed the issue of park dedication and trail systems and sidewalks. Mayor Duitsman opened the public hearing. John Bogard, John Oliver's office, representing Ron Bastyr, the developer, discussed the design concepts of the preliminary plat. e Councilmember Holmgren questioned the impact that a trail behind the homes would have. He suggested that a trail behind the development would encourage break.ins in the homes. He suggested that the trail be provided for those that live within the plat only. Elk River City Council Minutes June 19, 1995 Page 12 e Tom Dillon, Planning Commission representative, indicated it was the consensus of the Planning Commission that sidewalks be included within the plat for the safety of the children and because of the closeness of the plat to Meadowvale School. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBERDIETZ MOVED TO ADOPT RESOLUTION 95-35, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE URBAN SERVICE BOUNDARY, CASE NO. LUA 95-03. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-13, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A, SINGLE FAMILY RESIDENTIAL TO R1C, SINGLE FAMILY RESIDENTIAL, CASE NO. ZC 95-03. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Council discussed Outlot A which is proposed to be deeded to the city as open space in lieu of park dedication fees. Councilmember Holmgren indicated that he would like to see an area made into a park for children. Steve Ach indicated that Outlot A is heavily wooded, includes a wetland, and has a large change in topography. He stated that the property would not be conducive for a developed or active neighborhood park. Councilmember Dietz indicated that he felt the trail system was a good idea as the city is trying to incorporate this parcel into its overall trail system. e Mayor Duitsman indicated his concern regarding the residents of this development accessing and using the private facilities owned by the Ridgewood development to the north. Discussion was held regarding the possibility of requesting the developer to construct fencing between the two developments. Council member Dietz indicated that he would be interested in splitting the park dedication land and cash donation so the city can use the cash to start developing some of the land it currently owns. Mayor Duitsman suggested leaving 193rd Avenue unapproved at the present time until the city knows what the overall transportation plan will provide. Discussion was held regarding the sidewalks. Terry Maurer noted that if sidewalks are provided along all of the streets in the development, they will have an impact on the grading of the lots and a potential for additional tree loss. It was the consensus of the Council to approve Exhibit C as the sidewalk design for the subdivision. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF WINDSOR DEVELOPMENT TO SUBDIVIDE APPROXIMATELY 120 ACRES INTO SINGLE FAMILY LOTS WITH THE INCLUSION OF CONDITIONS RELATING TO PARK DEDICATION AND SECURITY ON THE NORTHERN EDGE OF THE PROPERTY TO BE DETERMINED PRIOR TO FINAL PLAT AND BASED ON THE FOLLOWING CONDITIONS: 1. A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. e Elk River City Council Minutes June 19, 1995 Page 13 e 2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995 BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT. 3. EXCLUDING THE REFERENCE MADE TO SIDEWALKS THROUGHOUT THE DEVELOPMENT. THE PARK AND RECREATION COMMISSION RECOMMENDATION OF MAY 10, 1995 BE INCORPORATED INTO THE DEVELOPMENT. 4. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES. 5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLATTING BE PAID PRIOR TO RECORDING THE PLAT. 6. ALL OF THE APPROPRIATE PERMITS TO FILL AND MITIGATE WETLANDS BE APPROVED PRIOR TO FINAL PLAT APPROVAL. IF THOSE PERMITS CANNOT BE OBTAINED, THE PLAT BE REDESIGNED TO AVOID THE WETLANDS. 7. THE FOLLOWING AREAS OF THE PLAT BE GIVEN FURTHER CONSIDERATION PRIOR TO FINAL PLAT APPROVAL: . REDESIGNING THE LOTS AND UPLAND AVENUE AT THE SOUTHWEST CORNER OF THE PLAT. THE AREA AROUND 195TH COURT BE FURTHER EXAMINED WITH A TREE INVENTORY TO DETERMINE THE APPROPRIATE LOT LAYOUT TO MAXIMIZE THE NUMBER OF TREES SAVED. ELIMINATING ONE LOT FROM 195TH CIRCLE ELIMINATING ONE LOT FROM THE AREA OF TIPTON COURT AND 196TH CIRCLE. e . . . 8. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN WITH EACH PHASE OF THE DEVELOPMENT TO MAXIMIZE TREE PRESERVATION DURING CONSTRUCTION; AND, THAT THE USE OF RETAINING WALLS AND OTHER APPROPRIATE METHODS BE UTILIZED TO PRESERVE AS MANY TREES AS POSSIBLE. 9. AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THE DEVELOPMENT. 10. PROPER EROSION CONTROL BE PROVIDED DURING THE CONSTRUCTION. 11. AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE DEDICATED ALONG COUNTY ROAD 77. 12. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED OUTliNING THE STYLE OF HOME AND FINISHED GRADES ON EACH LOT. e 13. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL. Elk River City Council Minutes June 19, 1995 Page 14 . 14. THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY TO COVER THE COSTS OF THE IMPROVEMENTS. 15. 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 WITH THE CITY FOR A ONE YEAR PERIOD. 16. SIDEWALKS BE PROVIDED ACCORDING TO EXHIBIT C INCLUDED IN THE STAFF REPORT DATED JUNE 19, 1995. 17. AN EASEMENT FOR TRAIL ACCESS BE PROVIDED ON A PORTION OF THE NORTHEAST T-SHAPED CUL-DE-SACS TO ALLOW ACCESS TO THE PROPOSED PARK IN OUTLOT A. 18. A COMPLETE AMENITY PACKAGE BE SUBMITTED TO THE CITY FOR REVIEW. THIS INFORMATION SHALL ADDRESS THE ENTRANCES AT BOTH PROCTOR AND COUNTY ROAD 1, AS WELL AS LANDSCAPING AND OTHER FEATURES PROPOSED FOR THE PLAT. 19. THE RECOMMENDATIONS BY TIM EDGETON OF THE SHERBURNE COUNTY TREE BOARD BE INCORPORATED IN THE REVISED PLANS, AS STATED IN HIS LETTER TO THE CITY PLANNER, STEVE ACH. 20. THE STATUS OF OUTLOTS C AND D AT THE PROCTOR AVENUE ENTRANCE BE RESEARCHED TO DETERMINE THE BEST SOLUTION TO ACCOMMODATE THE CITY'S AND THE DEVELOPER'S BEST INTERESTS TO ESTABLISH A LANDSCAPED ENTRANCE. e 21. DEVELOPER BE RESPONSIBLE FOR GRADING AND PROVIDING THE APPROPRIATE (CLASS 5) BASE WITHIN EACH OF THE TRAIL CORRIDORS EXTENDING FROM THE DEVELOPMENT TO EITHER THE CITY TRAIL OR TO OUTLOT A. 22. ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE SOUTH PROPERTY LINES OF THOSE LOTS ADJACENT TO 193RD AVENUE. 23. PRIOR TO FINAL PLAT APPROVAL, AN AGREED UPON CASH PAYMENT FOR PARK DEDICATION BE RECOMMENDED TO THE CITY COUNCIL. 24. A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION. THE DETERMINATION OF WHETHER A SECURITY FENCE IS NEEDED SHALL BE MADE BY THE CITY COUNCIL PRIOR TO FINAL PLAT APPROVAL. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.14. City of Elk River Reauest for Ordinance Amendment. Zero Lot Development. Public Hearina. Case No. OA 95-03 e Planning Assistant Gary Schmitz indicated that the City of Elk River is requesting to amend various sections of the City Code related to zero lot line developments. Gary noted that the city is requesting that zero lot developments be allowed as a Elk River City Council Minutes June 19, 1995 Page 15 . permitted use in commercial and industrial zoning districts with certain conditions to ensure that the zero lot line development will be done correctly. 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 ADOPT ORDINANCE 95-14, AN ORDINANCE AMENDING SECTIONS 900.20 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO ZERO LOT LINE DEVELOPMENTS IN ALL ZONING DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.15. City of Elk River Request for Resolution Granting Extension to Moratorium of Subdivisions, Public HearinQ, Case No. OA 94-02 City Planner Steve Ach requested the Council to consider a resolution granting a six month extension to Ordinance 94-7 which establishes a moratorium on subdivisions of land outside the city's current urban service area. COUNCILMEMBER Dim MOVED TO ADOPT A RESOLUTION GRANTING A SIX MONTH EXTENSION TO ORDINANCE 94-7 ESTABLISHING A MORATORIUM ON SUBDIVISIONS OF LAND OUTSIDE THE CITY'S CURRENT URBAN SERVICE AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Scheel opposed. e 7.16. City of Elk River Request for Amendments to Various Sections of the Subdivision Ordinance COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL JULY 17, 1995. COUNCILMEMBER Dim SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.17. Comorehensive Plan Ur:;>date Steve Ach updated the Council on the progress of the Steering Committee in regard to the Comprehensive Plan. Councilmember Dietz commented on the recognition which the Wastewater Treatment Plant Superintendent received from the Minnesota Pollution Control Agency regarding the WWTP being in compliance with the terms and conditions set forth in the facility's NPDES permit. 9. Leaislative Uodates The City Administrator distributed a handout to the Council on 1995 legislation. 10. Adiournment e There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes June 19, 1995 e The meeting of the Elk River City Council was adjourned at 9:20 p.m. Respectfully submitted, -U~.~/ ~ThOCkerOY City Clerk e - Page 16