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07-18-1994 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 18,1994 Vice Mayor Farber, Council members Scheel, Dietz, and Holmgren Mayor Duitsman Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Lori Johnson, Finance Director; Terry Maurer, City Engineer; Steven Ach, City Planner; Peter Beck, City A Horney; Gary Schmitz, Planning Assistant; Troy Langer, Planning Intern Dan Tveite, Planning Commission Representative; Dana Anderson, Park and Recreation 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 Vice Mayor Farber. 2. Consider 7/18/94 City Council Aaenda e Item 5.2., was pulled from the Consent Agenda and Item 7.1., was added to the Consent Agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS WITH THE EXCEPTION OF ITEM 5.2. WHICH WAS REMOVED FROM THE CONSENT AGENDA. 4.1. 4.2. 5.1.a. 5.1.b. 5.1.c. e 7/5/94 SPECIAL CITY COUNCIL MEETING MINUTES - APPROVED 7/11/94 SPECIAL CITY COUNCIL MEETING MINUTES - APPROVED PAY ESTIMATE #2 TO GRIDOR CONSTRUCTION INC., IN THE AMOUNT OF $129,388.10 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED PAY ESTIMATE #1 TO FOREST LAKE CONTRACTING, INC., IN THE AMOUNT OF $142,926.84 FOR WORK COMPLETED ON THE STREET AND TURN LANE IMPROVEMENTS RELATED TO THE ELK PARK CENTER DEVELOPMENT- APPROVED PAY ESTIMATE #2 TO ARCON CONSTRUCTION, INC., IN THE AMOUNT OF $250,122.44 FOR WORK COMPLETED ON TRUNK SANITARY SEWER AND TRUNK WATER MAIN IMPROVEMENTS RELATED TO THE ELK PARK CENTER IMPROVEMENT - APPROVED Elk River City Council Meeting July 18, 1994 Page 2 . 5.1.d. PAY ESTIMATE #3 TO W.B. MILLER, INC., IN THE AMOUNT OF $23,481.41 FOR WORK COMPLETED ON THE DEERFIElD III STORM SEWER IMPROVEMENT - APPROVED 5.l.e. FINAL PAY ESTIMATE TO LATOUR CONSTRUCTION, INC., IN THE AMOUNT OF $79,974.92 FOR WORK COMPLETED ON THE HERITAGE LANDING IMPROVEMENTS - APPROVED 5.U. FINAL PAY ESTIMATE TO LATOUR CONSTRUCTION, INC., IN THE AMOUNT OF $33,279.25 FOR WORK COMPLETED ON THE MISSISSIPPI OAKS IMPROVEMENT PROJECT - APPROVED 5.1.g. PAY ESTIMATE #2 TO KUE CONTRACTORS, INC., IN THE AMOUNT OF $67,563.00 FOR WORK COMPLETED ON THE LIBRARY EXPANSION PROJECT - APPROVED 5.5. TRANSIENT MERCHANT LICENSE FOR PATRICK BOllES TO SELL ICE CREAM NOVELTIES FROM A VENDING TRUCK IN THE CITY OF elK RIVER - APPROVED 7.1. CONSIDER LAND USE AMENDMENT AND ZONE CHANGE REQUEST BY DENNIS ANDERSON, PH, CASE NO. LUA 94-05 AND ZC 94-06 - CONTINUED TO THE AUGUST 15, 1994, CITY COUNCIL MEETING 10. CHECK REGISTER - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Consider Lease Aareements for the Boy Scouts and Chamber of Commerce e City Attorney Peter Beck indicated that he has prepared lease agreements which outline the terms and conditions for the Boy Scouts and the Elk River Area Chamber of Commerce to utilize city property. He indicated that In both cases the City will own the property and building. Peter Beck indicated that the Chamber has requested that the lease be amended to include a condition which would allow the Chamber to receive its investment from the City if the property is condemned during the first ten years of the lease. Peter Beck stated that he did not feel this was an unreasonable request. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LEASE AGREEMENTS FOR BOTH THE BOY SCOUTS OF elK RIVER AND THE ELK RIVER AREA CHAMBER OF COMMERCE INCLUDING THE AMENDMENT DEALING WITH THE REFUND OF THE INVESTMENT TO BOTH THE BOY SCOUTS AND THE CHAMBER OF COMMERCE IF THE CITY CONDEMNS EITHER PROPERTY WITHIN THE FIRST TEN YEARS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Active Gas Ventina System Grant for the Elk River Landfill Building and Zoning Administrator Steve Rohlf indicated that the Elk River Landfill is requesting $70,000 from the City of Elk River and $170,000 from Sherburne County to construct an active gas extraction system. Steve Rohlf indicated that following a financial analysis of the Elk River Landfill. it was determined that it would be unlikely that this system could be constructed with the Landfill's funds due to insufficient cash flow. Steve Rohlf indicated that staff is recommending that the Council grant the funds to the Landfill to complete the gas venting system in 1994. He further indicated that staff is also recommending that certain conditions be attached to the grant. e Chris Kreger, President of the Elk River Landfill, stated that the City of Elk River has collected Landfill tax from the Elk River Landfill in the amount of $1.488,000 during Elk River City Council Meeting July 18, 1994 Page 3 e the past several years. He stated that Elk River Landfill is requesting $70,000 in the form of a grant from the City of Elk River to place an active gas extraction system in the Landfill. Chris Kreger stated that some of the conditions requested by staff are unnecessary, particularly items #3 and #6. Following discussion regarding the grant conditions, it was the consensus of the Council that the issue be tabled for one week to allow sufficient time for staff and Elk River Landfill to review the grant conditions. COUNCILMEMBER SCHEEL MOVED TO TABLE ANY ACTION ON THIS ISSUE UNTIL THE JULY 25, 1994, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider Resolution for Advance Encumberance of State Aid Funds for School Street Proiect City Engineer Terry Maurer indicated that it is the City's intent to utilize MSA funding to the maximum extent possible for the current project underway on School Street and the Trunk Highway 169 improvements. Terry Maurer requested that the Council consider adopting an advance encumberance resolution which would allow future years allotments for the current year project. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-77, A RESOLUTION FOR ADVANCE ENCUMBERANCE OF MSA FUNDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 5.6. Consider Approval of Consultina Services to rewrite Fire Relief Association By-laws Finance Director Lori Johnson indicated that the Fire Department Compensation Task Force has been reviewing the compensation package paid to the firefighters. She stated that in order to change from a defined benefit to a defined contribution method of payment, the by-laws must be revised. Lori Johnson stated that the Task Force is recommending that the Council authorize funds for consulting services to assist the Fire Relief Association in updating and revising its by-laws. She stated that the Task Force is recommending Krista Boston be used as a consultant to revise the by-laws. She further informed the Council that Mayor Duitsman has recommended the Council approve up to 100 hours of consulting time at a rate of $60.00 per hour. COUNCILMEMBER DIETZ MOVED TO APPROVE THE USE OF KRISTA BOSTON AS THE CONSULTING SERVICE TO REVISE THE FIRE DEPARTMENT BY-LAWS AT AN AMOUNT NOT TO EXCEED $6,000. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.11. Update on Custom Motors Rezoninq City Planner Steve Ach informed the Council that a meeting was held with Custom Motors, the City A Horney and himself to discuss the options available to Custom Motors. He indicated that Custom Motors will be meeting with Bill Rubin, Economic Development Coordinator, to discuss its options regarding relocation. e Elk River City Council Meeting July 18, 1994 Page 4 e COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ANY ACTION ON THIS ISSUE TO THE AUGUST 15, 1994, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.12. Update on Darkenwald Family Partnership Auto Mall City Planner Steve Ach indicated that the Council recently directed the City Attorney to prepare a Resolution of Denial for this request. He indicated that the Council also requested that the public hearing for this issue be continued to August 1, allowing the developers time to make revisions to their plans. Steve Ach indicated that the developers have been in contact with staff and have made some revisions to their plans. He encouraged the Council to visit the site. 7.14. ResiQnation of PlanninQ Commissioner Chris Carr Steve Ach informed the Council that due to career commitments, Chris Carr has submitted a letter of resignation from the Planning Commission. . COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE RESIGNATION SUBMITTED FROM CHRIS CARR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Staff Updates There were no staff updates presented. e The City Council recessed at 6:43 p.m. and reconvened at 7:00 p.m. 6. Open Mike No one appeared for open mike. 7.2. Consider a Conditional Use Permit request by Solid Rock Church, PH, Case No. CU 94-15 Planning Assistant Gary Schmitz indicated that Solid Rock Church is requesting a conditional use permit to operate a school accommodating grades K-12 from the existing church facility. Gary Schmitz reviewed the history of the Solid Rock Church which was formerly known as the Assembly of God Church. He indicated that there have been numerous requests by the Church throughout the past ten years on a wide variety of topics. These requests involved neighborhood concerns regarding increased traffic in the area. Gary Schmitz explained that due to the neighborhood concerns regarding traffic, a traffic study was conducted by Benshoof and Associates concerning the addition of the proposed school to the church facility. The traffic study concluded that the school operation will generate very little traffic during peak traffic periods and that the busing service will bus approximately 60% of the students. He indicated that the study ultimately conCluded that the addition of the proposed school to the existing church should not significantly impact traffic on the residential streets. e Vice Mayor Farber opened the public hearing. Elk River City Council Meeting July 18, 1994 Page 5 e Perry Mason, 11847 196th Avenue NW, indicated his concern regarding the traffic. He suggested that the school buses use 195th Avenue as opposed to 197th Avenue. Mr. Mason further suggested that the City consider placing a stop sign at the intersection of 197th Avenue and Irving Street. City Engineer Terry Maurer indicated that he concurs with the traffic study provided by Benshoof and Associates. He stated that the roads in the Brentwood Subdivision are suited to carry the proposed traffic, but also concurred that the City should consider placing a stop sign at the intersection of 197th A venue and Irving Street. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission reviewed the request and recommended approval. Joe Busil/o, 19550 Lowell Street, indicated his concern regarding the traffic in the area. He further indicated that he did not feel a school would fit in with the residential neighborhood. Ed Palmer, a resident of Otsego, indicated that there are far worse traffic concerns in the City than will be created by the school; specifically 5th Street and the Otsego Main Street bridge. He further indicated that the community will benefit greatly from the school. e Kelly Grand, 19895 Zone Street, indicated that the good quality of private schools will draw people into the community. Bill Matthews, Pastor of Solid Rock Church, stated that the Church is willing to work with the community. He further indicated he would appreciate a decision on this matter this evening. There being no further comments from the public, Vice Mayor Farber closed the public hearing. Council member Dietz stated he supported the conditional use permit to operate a school. He stated that the traffic concerns and issues could be addressed. Councilmember Dietz indicated he understood the concerns of the residents in the area regarding traffic, but felt the impact would be minimal because of the traffic being generated during off peak hours. Councilmember Scheel indicated that she was in favor of the request. Councilmember Holmgren indicated his support of the request, however, he suggested that the school contact the bus service to deal with the inconsistency of the busing to private schools. tit Vice Mayor Farber indicated that there have been several concerns of residents in the Brentwood area regarding traffic and the impact the school would have on the residential neighborhood. Vice Mayor Farber encouraged the Church to work with the staff and the neighborhood regarding these issues. He further indicated that he would like to add a stipulation to the conditional use permit that the students be bused via 195th Avenue. Elk River City Council Meeting July 18, 1994 Page 6 e COUNCILMEMBER SCHEH MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY SOLID ROCK CHURCH TO OPERATE A SCHOOL ACCOMMODATING GRADES K.12 FROM THE EXISTING CHURCH FACILITY WITH THE FOLLOWING CONDITIONS: 1. A MAXIMUM OF 300 STUDENTS BE ALLOWED TO ATTEND THE SCHOOL. 2. ALL BUILDING AND FIRE CODE ISSUES BE ADDRESSED PRIOR TO THE BUILDING BEING USED FOR EDUCATIONAL PURPOSES. 3. A REVISED LANDSCAPE PLAN BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING ILLUSTRATING RELOCATING THE PROPOSED TREES FROM 195TH AVENUE TO THE NORTHERN BOUNDARY OF THIS SITE ALONG 196TH A VENUE. 4. NO ON-STREET PARKING WILL BE ALLOWED FOR THE SCHOOL. 5. FEASIBILITY STUDY BE COMPLETED ON THE INTERSECTIONS' OF 197TH AND IRVING AND 196TH AND IRVING. 6. THE BUS ROUTE FOR BUSING THE STUDENTS BE VIA 195TH AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.3. Consider a Rezoninq request for Hillside Estates 4th Addition bv Riverside Development. PH, Case No. IC 94-07 e City Planner Steve Ach indicated that Riverside Development has requested to rezone approximately 40 acres from R 1 e (single family residential) to PUD (Planned Unit Development). The location of the proposed rezoning is between 193rd Avenue and 197th A venue east of the Baldwin Street alignment. Steven Ach indicated that the request to rezone the property to a PUD is consistent with the land use map for the surrounding area. He further stated that the Planning Commission reviewed the request and recommended approval. Vice Mayor Farber opened the pUblic hearing. Scott Darsie, neighboring resident, questioned why the area was being rezoned from residential to a PUD. He further questioned the future plans for the property south of the proposed rezoning. Mr. Darsie questioned the definition of a PUD. He indicated he felt it would be best to develop a plan for the entire area. Mr. Darsie further indicated that he had a concern with the size of lots being created in the PUD as the lot lines will not line up with his lot line and he may have more than one neighbor abutting his lot. Steve Ach explained the definition of a PUD. He further indicated that the City cannot rezone the parcel south of the proposed parcel being rezoned until a request for rezoning, along with plans for development. is submitted to the City. e Dave Burrandt, indicated support of the new development. He further stated he was encouraged to hear that there will be no multiple housing with the PUD. Elk River City Council Meeting July 18. 1994 Page 7 e Vice Mayor Farber questioned the amount of land that will be dedicated for park dedication to the City. Marly Glines stated that the proposal is to dedicate 3.9 acres of land to the City for park purposes and further to deed an easement to the City. There being no further comments from the public, Vice Mayor Farber closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-10, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM Rl E, SINGLE FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT, CASE NO. ZC 94-07. COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Consider a Conditional Use Permit reauest and Preliminary Plat reauest for Hillside Estates 4th Addition by Riverside Development. PH, Case No. CU 94-26 and P 94- 06 e City Planner Steve Ach indicated that Riverside Development is requesting a preliminary plat to subdivide approximately 40 acres into 88 single family lots. He stated that Riverside Development is also requesting a conditional use permit to develop a residential Planned Unit Development. The PUD is an extension of the Hillside Estates residential development along 193rd Avenue. Steve Ach indicated that the property has some physical constraints including utility easements and wetlands. He further stated that an EA W (Environmental Assessment Worksheet) is being prepared for the plat. Discussion was held regarding park dedication for the plat. It was indicated by Dana Anderson, Park and Recreation Commission representative, that the Commission has recommended a trail system in the plat. Discussion was held by the Council regarding the issue of the trails located along the back of the lots as recommended by the Park and Recreation Commission. Council member Scheel and Vice Mayor Farber indicated their desire to see a trail along the roadway as opposed to back yard trails. Councilmember Scheel indicated that back yard trails were an invasion of privacy and could lead to burglary. Vice Mayor Farber stated he felt that trails along major roadways would be used more than trails along back yards. Discussion was held as to whether or not a trail along the roadway would require additional right-of-way or if it would be considered as park dedication. Dan Tveite, Planning Commission Representative, stated that the Planning Commission recommended approval of the conditional use permit and preliminary plat. There being no further comments from the public. Vice Mayor Farber closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE TO THE AUGUST 1, 1994, CITY COUNCIL MEETING TO ALLOW STAFF AND THE DEVELOPERS THE OPPORTUNITY AND TIME TO MORE THOROUGHLY REVIEW THE PARK DEDICATION FOR Elk River City Council Meeting July 18, 1994 Page 8 e THE PLAT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 9:07 p.m. and reconvened at 9: 12 p.m. Council member Scheel indicated that she would like to see that park dedication credit be granted to Riverside Development if the trail to the plat is located along the roadway and if the street rjght~of-way is increased. 7.5. Consider Preliminary Plat request for Country Crossinq 2nd Addition by Country Ridae Partnership, PH, Case No. P 94-08 City Planner Steve Ach indicated that Country Ridge Partnership has requested a preliminary plot to subdivide approximately 41 acres into 59 single family lots and two outlots. The location of the proposed plat is the northwest corner of County Road #30 and the Joplin Street extension. Steve Ach indicated that the City staff has reviewed the plat and recommends approval with 14 conditions. Vice Mayor Farber opened the public hearing. e Discussion was held by the Council regarding the pond and whether or not it should be fenced. Councilmember Scheel stated she felt that the pond should be fenced for safety reasons. Councilmember Dietz indicated that he was concerned that perhaps 0 fence could be more of a hazard than no fence. Councilmember Holmgren indicated he would prefer to see trees rather than a fence. After further discussion regarding fencing, it was the consensus of the Council that the developer and staff work on the issue of fencing and that the issue be addressed in the final plot. There being no further comments from the public, Vice Mayor Farber closed the publiC hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY COUNTRY RIDGE PARTNERSHIP FOR COUNTRY CROSSING 2ND ADDITION WITH THE FOLLOWING CONDITIONS: 1. TERRY MAURER'S MEMO DATED JUNE 15, 1994, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND DEVELOPMENT PLANS. 2. THE PRELIMINARY PLAT WILL BE ALLOWED TO HAVE ONE ACCESS POINT ONTO COUNTY ROAD NO. 30 AND THAT ACCESS POINT ALIGN WITH MACON STREET SOUTH OF COUNTY ROAD NO. 30. 3. THE DEVELOPER SUBMIT A PLAN TO THE CITY IDENTIFYING THE LOCATION OF ALL MAIL BOXES AND DETAIL ILLUSTRATING THE UNIFORM MAIL BOX DESIGN THAT WILL BE USED THROUGHOUT THE PLAT. 4. THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL ILLUSTRATING BERMING AND LANDSCAPING ALONG COUNTY ROAD NO. 30 AND JOPLIN STREET. SAID PLAN SHOULD CONSIST OF A COMBINATION OF e Elk River City Council Meeting July 18, 1994 e e Page 9 CONIFERS AND SHRUBS WHICH WILL HELP BUFFER AND PROVIDE AN AESTHETIC STREET SCAPE. 5. FINAL PLAT INCLUDE A RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30. 6. THE EXISTING HOMESTEAD AND ALL ASSOCIATED OUT BUILDINGS BE REMOVED FROM THE PROPERTY PRIOR TO RECORDING THE FINAL PLAT. 7. DEVELOPER GRANT THE NECESSARY DRAINAGE AND UTILITY EASEMENTS TO FACILITATE THE EXTENSION OF PUBLIC UTILITIES TO SERVE THIS PROPERTY AND THE WESTERN AREA. 8. A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. 9. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND LOWEST FLOOR ELEVATIONS AND BE APPROVED BY THE CITY ENGINEER PRIOR TO ISSUING BUILDING PERMITS. 10. NECESSARY TRAIL CORRIDORS BE PROVIDED WITHIN THE PLAT AS APPROVED BY THE CITY COUNCIL. 11. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 12. ONE 2" CALIPER OVERSTORY TREE BE PROVIDED EVERY SIXTY (60) LINEAL FEET THROUGHOUT THE PROPOSED SUBDIVISION. THESE TREES SHOULD SE IDENTIFIED ON THE PROPOSED LANDSCAPE PLAN SUBMITTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 13. A STORM WATER IMPACT FEE OF S100 PER LOT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 14. PAYMENT FOR SEAL COATING THE STREETS IN THE AMOUNT AS DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE PLAT. 15. A TREE PRESERVATION PLAN BE SUBMITTED IDENTIFYING EXISTING TREES THAT WILL BE MOVED DURING CONSTRUCTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6. Consider an Administrative Subdivision request bv Milt Tuttle, PH. Case No. AS 94- 1.2 Planning Intern Troy Langer stated that Milt Tuttle is requesting an administrative subdivision to divide an 18 acre parcel into a 2.67 acre parcel, a 3.04 acre parcel, and a 12.29 acre parcel. The lots being proposed will have frontage along County Road #33. e Vice Mayor Farber opened the public hearing. There being no one for or against the matter, Vice Mayor Farber closed the public hearing. Elk River City Council Meeting July 18, 1994 Page 10 e COUNCILMEMBER SCHEEl MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MILT TUTTLE TO SUBDIVIDE AN 18 ACRE PARCEl INTO THREE PARCElS WITH THE FOLLOWING CONDITION: THAT PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $900 BE PAID TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Terry Maurer, City Engineer, indicated that the storm sewer impact fee of $50 per lot should be included in this administrative subdivision. Council member Scheel indicated she was opposed to the $50 as she felt the fee was too high. Milt Tuttle stated that the proposed subdivision is not even close to a storm sewer. He further indicated that he was not told about the storm sewer fee at the time of application. The City Administrator stated that the storm sewer fee is a new fee and that the fee was overlooked at the time of application. It was the consensus of the Council that the storm sewer fee be charged for two lots for a total of $100. THE MOTION CARRIED 4-0. Vice Mayor Farber left the meeting at this time (9:55 p.m.) Councilmember Dietz assumed the position of Acting Vice Mayor at this time. . 7.7. Consider an Administrative Subdivision request by Robert Cross, PH. Case No. AS 94-13 Planning Assistant Gory Schmitz stated that Robert Cross is requesting an administrative subdivision to divide an 80 acre parcel into a 64.6 acre parcel and a 15.14 acre parcel. He explained that the 15.14 acre parcel currently has access to 181st Avenue (County Road 12), and the 64.6 acre parcel will have access on either 181st Avenue (County Road 12) or Cleveland Avenue(County Road #40}. Gary Schmitz explained that he has just recently learned that the County Engineer is looking at the possibility of realigning County Road 12. The realignment would affect the legal description of the proposed subdivision. He further indicated that the applicant was requesting a decision from the Council tonight, if possible. Gary Schmitz further indicated that the Park and Recreation Commission reviewed the request and recommended that park dedication in the amount of $450 be paid. He further indicated that the $50 storm sewer impact fee be charged to this lot. Acting Vice Mayor Dietz opened the pUblic hearing. Bill Henneman, 18305 Fillmore, asked a question regarding the existing brick farm house. Rick Foster stated that the County has surveyed the area in the last four days. He further indicated that if the subdivision is granted by the City Council this evening, the minimum lot requirement of ten acres will be met by the applicant. e Elk River City Council Meeting July 18. 1994 Page 11 e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ROBERT CROSS CONTINGENT UPON THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $450 BE PAID TO THE CITY PRIOR RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. PAYMENT OF THE $50 STORM SEWER IMPACT FEE BE PAID TO THE CITY PRIOR TO RECORDING. 3. THE LOT LINE BE DECIDED BETWEEN STAFF AND THE APPLICANT FOLLOWING A DECISION FROM THE COUNTY ON THE REALIGNMENT OF COUNTY ROAD 12. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.8. Consider an Administrative Subdivision reauest and Variance reauest by Jeff Mastley, PH, Case No. AS 94-11 and V 94-06 Planning Assistant Gary Schmitz indicated that an administrative subdivision has been requested by Jeff Mastley to divide 20 acres into two 10 acre parcels. He further indicated that Mr. Mastley has also requested a 1 .25 acre variance for Parcel B and a .5 acre variance for Parcel A to the minimum lot size of ten acres for the AI, Agricultural Conservation District. The subject property is located at the intersection of Jarvis Street and 213th Avenue. e Acting Mayor Vice Dietz opened the public hearing. There being no one for or against the matter, Acting Vice Mayor Dietz closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT IN THE A 1 ZONING DISTRICT REQUESTED BY JEFF MASTLEY BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A 1 ZONING DISTRICT IS TO ALLOW LARGE LOT, 10 ACRE SUBDIVISIONS WITH A DENSITY OF A 4 UNITS PER 40 ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL US OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. THE PROPERTY OWNER ORIGINALLY PURCHASED THE 20 ACRE PARCEL, WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY, MAKING IT A NOMINAL 18.5 ACRE PARCEL FOR SUBDIVISION CONSIDERATIONS. 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. e COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JEFF MASTLEY TO DIVIDE A 20 ACRE PARCEL INTO TWO 10 ACRE PARCELS WITH THE FOLLOWING CONDITIONS: Elk River City Council Meeting July 18, 1994 Page 12 e 1. PARK DEDICATION IN THE AMOUNT OF $900 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. PAYMENT OF A STORM SEWER FEE OF $50 PER LOT. COUNCILMEMBER HOLMGREN SECONDED THE MOT/ON. THE MOTION CARRIED 3-0. 7.9. Consider a Variance request by Jason Volkers, PH, Case No. V 94-07 Planning Assistant Gary Schmitz indicated that Jason Volkers is requesting a variance to exceed the maximum size of an accessory building. The location of the proposed variance is 14115 1901/2 Circle NW. Gary Schmitz stated that Mr. Volkers is proposing to construct a 26' x 36' detached accessory building. A 220 square foot variance to the maximum size of an accessory building will be required. He indicated that the building will be used to store a motor home and antique tractor. Gary Schmitz indicated that staff could not find a valid hardship to allow the construction and, therefore, is recommending denial. He further stated that Planning Commission reviewed the issue and concurred with staff's recommendation of denial. Acting Vice Mayor Dietz opened the public hearing. e Norm Volkers, 12700 Main Street, Rogers, indicated he is the applicant's father. Mr. Norm Volkers indicated that it would be a hardship to not allow the oversized accessory building as certain size doors and a certain size building is needed to store the 29 foot motor home. He further stated that all surrounding property owners were notified and none of them indicated they were opposed to the request. Norm Volkers indicated that his son is only requesting an extra six feet for the building. There being no further comments from the public, Acting Vice Mayor Dietz closed the public hearing. Acting Vice Mayor Dietz stated that he sympathized with the applicant. however the standards have been set by the City. Councilmember Scheel indicated she was in favor of granting the variance. COUNCILMEMBER SCHEEL MOVED TO GRANT THE VARIANCE. THE MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ISSUE UNTIL THE JULY 25, 1994, MEETING AT WHICH TIME A FULL COUNCIL WOULD BE PRESENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.10. Consider a Conditional Use Permit request by Tom Wiley, PH, Case No. CU 94-22 e Planning Intern Troy Langer indicated that Mr. Wiley is requesting a conditional use permit to excavate a pond area within an existing wetland to create a more natural scenic area for wildlife viewing. He stated that the Planning Commission reviewed the issue and recommended approval with eleven conditions. Elk River City Council Meeting July 18, 1994 Page 13 e Acting Vice Mayor Dietz opened the public hearing. There being no one for or against the matter, Acting Vice Mayor Dietz closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY TOM WILEY TO EXCAVATE SOIL FROM AN EXISTING POND TO ENHANCE WILDLIFE VIEWING WITH THE FOLLOWING CONDITIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARY. 2. ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF FOUR (4) FEET HORIZONTAL TO ONE (1) FOOT VERTICAL 3. SLOPED AREAS SHAll BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL GROUND COVER SHALL BE MAINTAINED AS NECESSARY UNTIL AREA IS SELF SUSTAINING. SILT FENCING BE REQUIRED UNTIL GROUND COVER IS SELF SUSTAINING. 4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5) FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS, WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET DEEP. 5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THE AREA. e 6. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DEPARTMENT OF NATURAL RESOURCES TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE U.S. ARMY CORPS OF ENGINEERS AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 8. PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION SEASON. 9. HOURS OF OPERATION BE WITHIN CITY CODE REQUIREMENTS. 10. FENCING BE PLACED AROUND EXISTING OAK TREES TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS SPREAD THROUGHOUT THE APPLICANTS PROPERTY. 11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.13. Consider Final Plat of Hillside Crossinas by Phoenix Enterprises, Case No. P 94-07 e City Planner Steve Ach indicated that Phoenix Enterprises is requesting final plat approval of Hillside Crossings which consists of approximately 14 acres of property at the northeast corner of 193rd Avenue and Highway 169. He stated that the e e e Elk River City Council Meeting July 18, 1994 Page 14 platted area is proposed to be developed as a Planned Unit Development with the first phase consisting of the construction of a 65,000 square foot grocery store. COUNCllMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-78, A RESOLUTION GRANTING FINAL PLAT APPROVAL OF HIllSIDE CROSSINGS. COUNCILMEMBER SCHEel SECONDED THE MOTION. THE MOTION CARRIED 4-0. Jeff Gongoll indicated that the developer has an issue regarding the ownership of the pond. He indicated that the developer is not ready to concede to this issue at this time. Terry Maurer indicated that the condition can be negotiated, but can not be eliminated and is a requirement before recording the plat. 11 . Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. The meeting of the Elk River City Council was adjourned at 10:32 p.m. Respectfully submitted, J~ Sandra Thackeray City Clerk