11-21-1994 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 21, 1994
Members Present:
Mayor Duitsman, Council members Dietz, Farber. Holmgren and
Scheel(6:03 p.m.)
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steven
Ach, City Planner; Terry Maurer, City Engineer; Steve Rohlf, Building
and Zoning Administrator; Peter Beck, City Attorney
Also Present:
Planning Commission Representative Louis Kuester; Park and
Recreation Commission Representative Dana Anderson
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 11/21/94 City Council Agenda
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Item 9.1 " Consider Advertisement for Bids for front end loader, was added to the
agenda.
COUNCILMEMBER FARBER MOVED TO APPROVE THE 11/21/94 CITY COUNCIL
AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3. Consider Consent Aaenda
Mayor Duitsman requested an amendment to the November 14, 1994, special
City Council minutes. He requested that the fourth paragraph on Page 2 be
amended to read as follows: " The City of Elk River is requesting the Elk River
Utilities to consider assistance in funding of the front end loader." He further
indicated that he is not in favor of the Utilities doing any more than they are
presently doing for the City of Elk River.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
4.1.
4.2.
4.3.
4.4.
4.5.
5.6.0.
11/7/94 REGULAR CITY COUNCIL MINUTES/APPROVED
11/7/94 EXECUTIVE SESSION CITY COUNCIL MINUTES/APPROVED
11/10/94 BOARD OF CANVASS CITY COUNCIL MINUTES/APPROVED
11/14/94 EXECUTIVE SESSION CITY COUNCIL MINUTES/APPROVED
11/14/94 SPECIAL CITY COUNCIL MINUTES/APPROVED AS AMENDED
PA Y ESTIMATE #5 FOR STREET AND TURN LANE IMPROVEMENTS OF ELK PARK
CENTER IN THE AMOUNT OF $342,682 TO FOREST LAKE CONTRACTING,
INC./ APPROVED
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Elk River City Council Meeting
November 21, 1994
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5.6.c.
5.6.d.
5.7.
5.9.
7.1.
7.2.
8.
Page 2
PAY ESTIMATE #1 FOR THE 1994 WESTERN AREA IMPROVEMENTS PHASE II IN
THE AMOUNT OF $29',664.25 TO BARBAROSSA & SONS, INC./APPROVED
PAY ESTIMATE #6 FOR THE WASTEWATER TREATMENT INTERIM EXPANSION IN
THE AMOUNT OF $265,297 TO GRIDOR CONSTRUCTION, INC./ APPROVED
PAY ESTIMATE #6 FOR THE LIBRARY EXPANSION PROJECT IN THE AMOUNT OF
$78,214 TO KUE CONTRACTORS, INC./APPROVED
CONSIDER RESOLUTION 94-120 RELATING TO SOLID WASTE FEE STUDY BY THE
MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE./APPROVED
SPECIAL CITY COUNCIL MEETING CALLED FOR DECEMBER 12, 1994, AT 8:00
P.M., FOLLOWING THE EDA MEETING TO CONSIDER THE CITY BUDGET AND
LEVY/APPROVED
COMPREHENSIVE LAND USE PLAN AMENDMENT REQUEST BY COUNTRY RIDGE
PARTNERSHIP/P.H., CASE NO. LOA 94-08/CONTINUED
REZONING REQUEST BY COUNTRY RIDGE PARTNERSHIP/P.H., CASE NO. ZC
94-13/CONTINUED.
CHECK REGISTER/APPROVED
5.1.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Consider Park & Recreation Commission Recommendations on Community
Athletics
Building and Zoning Administrator Steve Rohlf provided background on this topic.
He stated that the Park and Recreation Commission is in the process of updating
the Master Park Plan. He stated that one of the major issues that must be
discussed concerns community athletics. He indicated that immediate and
future athletic facility needs cannot be met without immediate acquisition of
additional land.
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Council member Scheel arrived at this time 16:03 p.m.}.
Park and Recreation Commission representative Dana Anderson reviewed the
Park and Recreation Commission's recommendations regarding future land
acquisition. He indicated that it is estimated that there is a need of 114 acres for
community athletic facilities at the time when Elk River will be fully developed.
Steve Rohlf indicated that the City should start looking for land immediately. He
indicated that the demand for community athletics is far greater than any other
park component at this time.
Councilmember SCheel indicated her concern with land being purchased for the
specific purpose of athletics. She indicated that there is a need in the
community for recreational activities for the young children, handicapped, and
elderly.
COUNCILMEMBER HOLMGREN MOVED TO ENDORSE THE FOLLOWING
RECOMMENDATIONS BY THE PARK AND RECREATION COMMISSION:
1.
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REVIEW THE CITY'S PROJECTED NEED FOR COMMUNITY ATHLETIC FACILITIES
PERIODICALLY (AT LEAST EVERY FIVE YEARS) BASED ON CHANGES IN THE
DEMAND TREND (LOCAL RATIO) FOR EACH SPECIFIC TYPE OF FACILITY, THE
DEVELOPMENT OF NEW SCHOOL FACILITIES. PARTICIPATION IN THE
DEVELOPMENT OF FACILITIES BY THE VARIOUS ATHLETIC ASSOCIATIONS,
Elk River City Council Meeting
November 21, 1994
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5.2.
Page 3
2.
AND NEW PROJECTED POPULATION ESTIMATES (CHANGES IN THE CITY'S
COMPREHENSIVE PLAN).
MAKE ACQUISITION OF LAND FOR COMMUNITY ATHLETIC FACILITIES TO
ACCOMMODATE ELK RIVER'S FULL DEVELOPMENT POPULATION A PRIORITY.
ALSO, ANTICIPATE USAGE SO THAT THE DEVELOPMENT OF FACILITIES IS NOT
LAGGING TOO FAR BEHIND THE CURRENT DEMAND.
3.
TAKE ADVANTAGE OF THE EFFICIENCY OF CO-DEVELOPMENT OF FACILITIES
WHENEVER POSSIBLE, I.E., WHEN A NEW SCHOOL IS BUILT.
COOPERATE IN THE CREATION OF A SINGLE ENTITY RESPONSIBLE FOR THE
ADMINISTRATION OF COMMUNITY ATHLETIC FACILITIES THROUGHOUT THE
ENTIRE SCHOOL DISTRICT (DEVELOPMENT, MAINTENANCE, AND SCHEDULING
OF FACILITIES). THIS ENTITY WOULD LOGICALLY BE THE 728 AREA
RECREATION OFFICE. EACH PARTICIPATING JURISDICTION SHOULD HAVE
REPRESENTATION ON THIS GOVERNING BODY AND CONTRIBUTE (BASED ON
POPULATION) ITS SHARE OF THE COST FOR COMMUNITY ATHLETICS WITH:
FACILITIES, CASH, EQUIPMENT, STAFF TIME, OR A COMBINATION OF THESE.
SUPPORT THE IDEA OF RESIDENTS FROM A NON-PARTICIPATING
JURISDICTION PAYING A HIGHER USAGE FEE.
4.
5.
HOST JOINT MEETINGS WITH APPROPRIATE BOARDS FROM THE OTHER
JURISDICTIONS, THE SCHOOL DISTRICT, AND THE VARIOUS ATHLETIC
ASSOCIATIONS TO DISCUSS THE FUTURE OF COMMUNITY ATHLETICS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Consider Final Assessment Roll for the Western Area Phase IIlmorovement Proiect
for the Naoles Streetl186th Avenue Neiahborhood
City Administrator Pat Klaers introduced this agenda item. He stated that on
October 10, 1994, the City Council adopted a resolution approving an
assessment roll for the Western Area Phase II Improvement Project. He indicated
that at that time, fifteen properties were pulled from the assessment roll with the
understanding that they would be further reviewed at the November 21 Council
meeting.
The City Administrator indicated that after further review of the Gallati and Roy
properties, staff is recommending that the Jerry and Norma Gallati property,
Parcel 75-131-1210 and the Sandra Roy property, Parcel 75-131-1211 be deleted
from the improvement project and assessment roll. He indicated that it is staff's
recommendation that these parcels be included in the Western Area Phase III
project.
The City Administrator informed the Council that Panger and Benson Appraisal
Professionals evaluated the remaining thirteen properties in the Naples
Streetl186th Avenue neighborhood. He indicated that although there is no
written appraisal at this time, Panger and Benson have determined that $3,800
per acre, for improvements consisting of the extension of trunk sanitary sewer and
water, can be sustained by these properties.
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November 21, 1994
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Moyor Duitsman continued the assessment public hearing on the properties in the
Naples area that were pulled from the assessment roll at the October 10 City
Council meeting.
City Attorney Peter Beck indicated that the City received objections at the
October 10 City Council meeting from Mr. Bickman, Mr. Chicoine and Mr. Guck.
He stated that if any other property owners wish to object to the project. they
must do so in writing this evening. The City Attorney also reviewed the Green
Acres law and the Council policy not to charge interest for the first two years for
Green Acre tillable property.
Mr. Frank Guck indicated that he would like to withdraw his objection.
Mr. Joe Bickman indicated that he is objecting to the 20 acres. However, he
indicated that he did not appeal to the District Court.
Loren Chicoine, 18588 Naples Street. questioned whether his property value
would increase by $3,800 just by having a trunk line run past his property.
The Mayor indicated that according to the appraisals done by Panger and
Benson, the property would receive benefit from the trunk line.
Mr. Chicoine also questioned what project would drive the lateral extensions into
the neighborhood.
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Mr. Tom Gunnar indicated that if his property value does increase from the
extension of the trunk line, his taxes would also increase.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO DENY THE ASSESSMENT APPEAL SUBMITTED BY
JOSEPH AND DELORES BICKMAN FOR PARCEL #75-131-1440 BASED ON THE
GROUNDS THAT THE APPRAISAL DONE BY PANGER AND BENSON INDICATES THAT
THE PROPERTY WILL BENEFIT IN EXCESS OF THE AMOUNT OF THE ASSESSMENT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT APPEAL
SUBMITTED BY LOREN AND THERESA CHICOINE FOR PARCEL 75-131-1400 BASED ON
THE GROUNDS THAT THE APPRAISAL DONE BY PANGER AND BENSON INDICATES
THAT THE PROPERTY WILL BENEFIT IN EXCESS OF THE AMOUNT OF THE ASSESSMENT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO DENY THE ASSESSMENT APPEAL SUBMITTED BY
FRANK AND BERNICE GUCK FOR PARCEL 75-131-1420 BASED ON THE GROUNDS
THAT THE APPRAISAL DONE BY PANGER AND BENSON INDICATES THAT THE PROPERTY
WILL BENEFIT IN EXCESS OF THE AMOUNT OF THE ASSESSMENT. COUNCILMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-119, A RESOLUTION
ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WESTERN AREA PHASE "
IMPROVEMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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November 21, 1994
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5.3.
Presentation on 1994 Library Exoansion Proiect
Rick Wessling of Eos Architecture reviewed the project costs for the Elk River
Library expansion project. He indicated that the actual project cost came in at
$517,905, leaving $32,095 remaining. He indicated that the project was very
successful and commended the cooperation of City and library staff, and Library
Board.
COUNCILMEMBER DIETZ MOVED TO COMMEND EOS FOR ITS WORK ON THIS
PROJECT AND TO SPEND THE REMAINING $32,095 ON FURNITURE AND FIXTURES FOR
THE ELK RIVER LIBRARY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5.4. Consider Bids for the 1994 Mississiopi Rio Rao Imorovement Proiect
The City Administrator indicated that the low bid received for the Mississippi River
rip rap improvement project for the central business district was from Veit and
Company at $33,255.60. He indicated that the bid came in lower than
anticipated which means that the City will be able to complete more rip rap
than originally planned for this project.
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COUNCILMEMBER HOLMGREN MOVED TO AWARD THE BID FOR THE RIP RAP
PROJECT TO VEIT AND COMPANY IN THE AMOUNT OF $33,255.60 WITH THE
UNDERSTANDING THAT THE ENTIRE AMOUNT FROM THE SHERBURNE COUNTY SOIL
AND WATER CONSERVATION DISTRICT, AND THE CITY REQUIRED MATCH, BE SPENT
ON THE RIP RAP PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5.5.
Consider a Modification to the EDA Enablinq Resolution to Chance the
Comoosition of the EDA Membershio
City Administrator Pat Klaers introduced this item. He indicated that the issue has
been before the Council on several occasions waiting for minor details to be
worked out prior to adoption of the resolution.
Mayor Duitsman questioned whether a method had been determined for
choosing the Councilmember that will not be a member of the Economic
Development Authority.
Councilmember Holmgren indicated that it moy not be best to have the Vice
Mayor drop from the Economic Development Authority as the Vice Mayor fills in
for the Mayor during his absence and must be informed of all issues.
Discussion was held regarding a method of choosing which Councilmember
would not be a member of the EDA.
It was the consensus of the Council to continue this discussion until after the
Planning items.
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November 21, 1994
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5.8.
Consider Recommendation to Hire a Part Time Clerk Typist for the Administrative
Departments
City Clerk Sandra Thackeray indicated that the City received thirteen
applications for the position of part time clerk typist. She further stated that five of
the thirteen applicants were interviewed for the position and that staff is
recommending that the Council hire Tamara Fields for the position of Clerk Typist.
COUNCILMEMBER HOLMGREN MOVED TO HIRE TAMARA FIELDS AS A CLERK TYPIST
BEGINNING NOVEMBER 29, 1994, TO WORK APPROXIMATELY 22.5 HOURS PER WEEK
AT A BEGINNING WAGE OF $7.21 PER HOUR. COUNCILMEMBER FARBER SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
6. ODen Mike
A resident near Orono Road, indicated that his sewer is failing and questioned
whether it was feasible for him to hook up to City sewer and water.
City Engineer Terry Maurer indicated that he would look into this issue.
7.3.
Consider Variance Reauest by Harley Marohn/P.H., Case No. V 94-12
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City Planner Steve Ach introduced this agenda item. He indicated that Harley
Marohn has submitted an application for a 32 foot variance from the 50 foot
shoreland setback requirements. He indicated that Mr. Marohn is proposing to
construct a garage 18 feet from the ordinary high water mark which requires a 32
foot variance from the 50 foot shoreland setback requirement. Steve Ach
indicated that the applicant. the applicant has revised his request slightly by
moving the garage further away from the lake by a few feet. He indicated that
by doing this, the variance requested would be reduced to 25 feet.
Steve Ach indicated that the Planning Commission recommended approval of
the 25 foot variance request.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE A 25 FOOT VARIANCE REQUEST FROM
THE SHORELAND SETBACK REQUIREMENT REQUESTED BY HARLEY MAROHN TO
CONSTRUCT A 26 FOOT BY 30 FOOT GARAGE BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE CODE CREATES AN UNDUE HARDSHIP ON THE
PROPERTY OWNER BY PREVENTING THE CONSTRUCTION OF THE GARAGE.
2. THE HARDSHIP IS CAUSED BY THE UNIQUE SHAPE OF THE LOT.
3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY
OWNER THE ABILITY TO CONSTRUCT A GARAGE. OTHER PROPERTY OWNERS
IN THE IMMEDIATE AREA ENJOY SIMILAR ABILITY TO OWN A GARAGE.
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4.
THE APPLICANT IS NOT RESPONSIBLE FOR THE UNIQUE SHAPE OF THE LOT.
Elk River City Council Meeting
November 21, 1994
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5.
THE CONSTRUCTION OF THE GARAGE WOULD NOT AFFECT THE HEALTH,
SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4. Consider Zone Chanae Reauest by the City of Elk River for Sandoiper Estates
Additions/P.H., Case No. ZC 94-12
Steve Ach indicated that the City of Elk River is requesting to rezone Sandpiper
Estates and Sandpiper Estates II from R 1 c, Single family residential to R 1 b, Single
family residential. He indicated that the purpose of the request is so that the lots
better reflect large non-city sewered residential parcels.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 94-18, AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM R1 C, SINGLE FAMILY RESIDENTIAL TO R1 B, SINGLE FAMILY RESIDENTIAL, CASE
NO. ZC 94-12. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
7.5.
Consider Ordinance Amendment to Amend Various Sections of the Zonina
Ordinance Section 900.30/P.H.. Case No. OA 94-05 IScreenina and Landscaoing
Reauirements)
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Steve Ach, City Planner, indicated that staff is proposing several modifications to
the standards relating to screening and landscaping in an attempt to allow for a
greater variety in landscaping certain areas. He further indicated that some of
the proposed changes are being suggested in an attempt to implement recent
performance standards that have been made part of conditional use permits.
Councilmember Farber indicated his concern regarding requiring a Letter of
Credit to ensure that the landscaping requirements are met.
Councilmember Scheel indicated her concern regarding the restrictiveness of the
ordinance.
Mayor Duitsman opened the public hearing.
Louise Kuester, Planning Commission Representative, indicated that the Planning
Commission felt that the ordinance would be a guideline and would be used
primarily for larger commercial developers. She indicated that the Planning
Commission recommended approval of the ordinance.
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Jeff Gongoll spoke on behalf of Riverside Development. Mr. Gongoll indicated his
contention with the issue relating to clear cutting of trees prior to developing. He
indicated that in order to have an economically viable project, it is sometimes
necessary to cut trees. Mr. Gongoll also spoke to the issue of screening
mechanical equipment and communication units. He indicated that
communication units cannot be screened. Mr. Gongoll discussed the issues
concerning exterior loading and service areas and performance guarantees. He
Elk River City Council Meeting
November 21, 1994
Page 8
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indicated that requiring a performance guaranty places another financial
constraint on the project.
Steve Ach responded to these issues. He indicated that clear cutting could be
incorporated into the review process. He further stated that the performance
guaranty could be reviewed as part of the developers and PUD agreement.
Earl Hohlen questioned why he was required to obtain a permit to move dirt on
his property. Steve Ach commented and requested Mr. Hohlen to contact him
during business hours regarding this issue.
There being no further comments, Mayor Duitsman closed the public hearing.
After further discussion, it was the consensus of the Council that Councilmembers
with concerns regarding this proposed ordinance amendment send their
concerns in writing to the Planning Department for further review. It was further
the consensus that the Planning Commission review this ordinance prior to the
City Council.
COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ISSUE TO A CITY COUNCIL
MEETING IN JANUARY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
7.6/7.7 Preliminary Plat and Conditional Use Permit Request by Elk River Develooment,
Inc./P .H., Case No. P 94-10 and CU 94-30
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Steve Ach indicated that Elk River Development, Inc., is requesting a preliminary
plat and a conditional use permit to develop a commercial planned unit
development at the northeast corner of Elk Hills Drive and US Highway 169. Steve
Ach presented the staff report for the conditional use permit and preliminary plat.
Mayor Duitsman opened the public hearing.
Bruce Peterson, Shopping Center developer, indicated his concern regarding the
left turn movement (northbound) onto Dodge Street. He indicated that they
would prefer to see a designated left turn lane and stop sign on Dodge A venue
and Elk Hills Drive. He further indicated his concern regarding the assessments for
these improvements. He stated that it has been suggested that the developer is
responsible for 100% of the upgrading of Dodge Street and 50% of the upgrading
of Bk Hills Drive. He stated that the developer has no problem with the 100%
upgrade on Dodge Street, however, the developer does have a problem with
the 50% estimated cost upgrade {or Elk Hills Drive. He stated that the developer
feels that the area south of Elk Hills Drive has far more benefit and commercial
development. He stated he felt that his development would not receive more
than 25% of the benefit.
Mayor Duitsman requested the City Engineer to review the proposed traffic plan.
Arlon Fuchs, 266 Elk Hills Drive, commented on the existing traffic conditions.
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Ed Woods, 18857 Dodge Street, indicated his concern regarding the traffic and
danger to the children. He further indicated his concern regarding a Perkins
Restaurant and the fact that most Perkins Restaurants are open 24 hours per day.
Elk River City Council Meeting
November 21, 1994
Page 9
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He indicated he is opposed to the preliminary plat and conditional use permit
request.
Penny Pearson, 1 9139 Dodge Street. indicated that there are many children in the
area, especially along Dodge Street. She further indicated that there is a park
along Dodge Street which is heavily utilized by children. She indicated that the
City should not create a park and then allow a commercial development and
traffic to flow through it.
Tim Christian indicated that a restaurant is not an appropriate use for a residential
neighborhood. He further stated that commercial development should not be
allowed in that area. Mr. Christian played a video tape which showed the
current amount of traffic in the area.
Brad Benson questioned whether the delivery truck traffic would be a concern on
Dodge Street. He further indicated he is opposed to a 24 hour restaurant in a
residential area.
Rick Krueser, 232 Elk Hills Drive, indicated his concern regarding the increased
traffic in the area.
There being no further comments for or against the matter. Mayor Duitsman
closed the public hearing.
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Pat Klaers, City Administrator, indicated that he visited with Earl Hetrick, a resident
along Elk Hills Drive, and indicated to Mr. Hetrick that before any street
improvements take place, the residents along Elk Hills Drive would be notified.
Councilmember Scheel indicated her concern with the language in Item #3 to
ensure that the delivery vehicle traffic is addressed.
Council member Farber indicated his concern with children and traffic in the
area. He indicated that there may be a necessity for trails and sidewalks in that
area in order to safely move the people.
Council member Holmgren indicated that he felt there were other areas in the
City in which a 24 hour retail restaurant could be located. He indicated he is
opposed to a 24 hour restaurant in this area.
Mayor Duitsman indicated he was also opposed to a 24 hour operation in the
area.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT
CONSISTING OF FOUR COMMERCIAL LOTS REQUESTED BY ELK RIVER DEVELOPMENT,
INC., WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASE
OF FINAL PLAT FOR RECORDING.
2.
TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE INCORPORATED AS
PART OF THE APPROVAL FOR PRELIMINARY PLAT.
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November 21, 1994
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3.
THE DEVELOPER PAY FAIR SHARE OF ROAD IMPROVEMENTS TO DODGE
AVENUE AND ELK HILLS DRIVE BETWEEN DODGE AND HIGHWAY 169. THIS
WILL BE RESOLVED AT THE TIME OF FINAL PLAT.
4. PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY CITY
ORDINANCE AT THE TIME OF FINAL PLAT APPROVAl.
5. A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE AS ADOPTED BY
CITY COUNCIL BE PAID PRIOR TO THE RelEASE OF FINAL PLAT FOR
RECORDING.
6. DEVelOPER CONSTRUCT A SIX (6) FOOT WIDE CONCRETE SIDEWALK ALONG
THE WEST SIDE OF DODGE AVENUE FROM THE INTERSECTION OF elK HILLS
DRIVE TO THE NORTHERLY LIMITS OF THE PROPOSED DEVELOPMENT.
7. NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS DRIVE BE
COMPLETED PRIOR TO OCCUPANCY OF ANY BUILDINGS WITHIN THE
PLANNED UNIT DEVELOPMENT.
8. CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED AND REVIEWED
BY THE CITY PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
9. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT
ALLOWING PUBLIC UTILITIES TO BE INSTALLED TO SERVE THE PROPOSED
DEVELOPMENT.
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10.
STREET LIGHTS BE INSTALLED AS REQUESTED BY ELK RIVER UTILITIES. THESE
LIGHTS SHALL BE PAID FOR BY THE DEVELOPERS.
11. THAT OUTLOT A BE ELIMINATED AND INCORPORATED AS PART OF LOT 1.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
APPROVING A DEVELOPMENT PLAN FOR A COMMERCIAL PLANNED UNIT
DEVELOPMENT WITH THE FOLLOWING CONDITIONS:
1. A PUD (PLANNED UNIT DEVelOPMENT) AGREEMENT BE PREPARED AND
EXECUTED INCLUDING BUT NOT LIMITED TO THE FOLLOWING STANDARDS:
A. A TOTAL OF 29,680 SQUARE FEET OF BUILDING AREA BE ALLOWED.
B. ALLOWABLE USES INCLUDE THE PROPOSED USES SHOWN ON THE PLAN
AND THOSE LISTED IN THE C2 ZONING DISTRICT.
C. BUSINESS HOURS BE LIMITED TO 7 AM TO 10 PM, MONDAY THROUGH
SUNDAY AND BE SUBJECT TO REVISIONS AT THE TIME OF SITE PLAN
APPROVAl.
D. ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE PLAN BE INCLUDED
AND MADE PART OF FUTURE APPROVALS.
E. TERMS AND CONDITIONS FOR ADMINISTERING DEVELOPMENT OF THE PUD.
2.
ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH THE CONDITIONAL
USE PERMIT PROCESS.
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November 21, 1994
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3.
ALL COMMENTS WITHIN THE Planning Commission REPORT DATED AUGUST
23, 1994, AND TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE
INCORPORATED INTO THE DEVELOPMENT PLAN AND APPROVAL OF THIS
CONDITIONAL USE PERMIT.
4. GUIDELINES FOR SIGNAGE FOR THE PLANNED UNIT DEVELOPMENT CONSIST
OF:
A. ONE MONUMENT STYLE SIGN IDENTIFYING THE DEVELOPMENT WITH A
MAXIMUM HEIGHT OF TWENTY (20) FEET AND A WIDTH OF FIFTEEN (15) FEET.
B. ONE MONUMENT STYLE SIGN IDENTIFYING THE RESTAURANT WITH A
MAXIMUM HEIGHT OF TEN (10) FEET AND AREA OF ONE HUNDRED (100)
SQUARE FEET.
C. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH A MAXIMUM
LETTER HEIGHT OF THREE (3) FEET.
5. ACCESS POINTS OF THE DEVELOPMENT INCLUDE ONE AT 189TH AVENUE AND
ONE AS FAR SOUTH AS POSSIBLE BASED ON FINAL IMPROVEMENT PLANS FOR
DODGE AVENUE AND HIGHWAY 169 INTERSECTION.
6. ALL PARKING AREAS BE BOUNDED BY B612 CONCRETE CURB AND GUTTER.
7. EARTH BERMING BE MAXIMIZED ALONG THE EAST PORTION OF THE SITE TO
BUFFER THE COMMERCIAL FROM THE RESIDENTIAL AREA.
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8.
THE LANDSCAPING PLAN INCLUDE A VARIETY OF LANDSCAPE MATERIAL
WITH AN EMPHASIS OF CONIFERS ALONG THE EAST PORTION OF THE
PROPERTY WITH A VARYING SIZE OF SIX TO EIGHT (6-8) FEET. ALSO,
ADDITIONAL LANDSCAPING BE INCLUDED WITHIN THE LANDSCAPED AREA
ALONG HIGHWAY 169.
9. A LANDSCAPING THEME BE ESTABLISHED AND INCORPORATED INTO THE
DEVELOPMENT.
10. THE EXISTING TREE AT THE SOUTH END OF THE SITE BE SAVED AND
INCORPORATED INTO THE DEVELOPMENT.
11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE DEVELOPMENT.
12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL CONTINUITY AND
ENHANCED TO MEET INTENT OF THE PUD ZONING DISTRICT.
13. ALL DELIVERY AND SERVICE VEHICLES SHALL BE RESTRICTED TO USING THE
SOUTHERLY DRIVEWAY TO THE DEVELOPMENT AND SHALL ENTER FROM AND
EXIT TO THE SOUTH.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The Council recessed at 9:30 p.m. and reconvened at 9:40 p.m.
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Elk River City Council Meeting
November 21, 1994
Page 12
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7.8.
Request for Final Plot Aooroval of Country Crossinas II Addition by Country Ridge
Partnershio, Case No. 94-08
City Planner Steve Ach indicated that Country Ridge Partnership is requesting
final plat approval of Country Crossings II Addition located on the northwest
corner of County Road 30 and Joplin Street. He indicated that the plat consists of
Rlc, Single family residential and PUD, Planned Unit Development zoning.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-121, A
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSINGS II
ADDITION. COUNCILMEMBER FARBER SECONDED THE MOTION.
Councilmember Scheel indicated she has a problem with the City dictating the
location and type of mailboxes that must be used in the plat.
THE MOTION CARRIED 5-0.
7.9.
Tailwind Trailers Comoliance with Conditional Use Permit
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Steve Ach indicated that the business of Tailwind Trailers received a conditional
use permit in 1992 to allow the expansion of their existing trailer sales lot. He
stated that as of October, 1994, eleven of the thirteen conditions in the
conditional use permit have not been met. The City Planner requested Council
authorization to allow staff to work with the City Attorney to bring Tailwind Trailers
into compliance with the 1992 conditional use permit requirements.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE CITY STAFF TO WORK WITH THE CITY
ATTORNEY TO BRING TAILWIND TRAILERS INTO COMPLIANCE WITH THEIR 1992
CONDITIONAL USE PERMIT AS WELL AS MAKING APPLICATION FOR AN AMENDED
CONDITIONAL USE PERMIT FOR THEIR EXPANDED OPERATION. COUNCILMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.10 Conceot Plan of Country Ridae Partnershio's Prooertv at the Southwest Corner of
Highway 10 and Joolin Street
City Planner Steve Ach indicated he has been working with Mr. Emmerich of
Country Ridge Partnership to discuss possible options to develOp his property
under the current business park zoning district.
Jay Johnson of Country Ridge Partnership was present and reviewed a concept
plan for the business park zoning for Country Ridge Partnership property at the
southwest corner of Joplin Street and Highway 10. The concept plan he reviewed
included:
· Seven to eight acres at the northeast corner to be utilized as
commercial under the business park standards
· A frontage road which has an intersection with Joplin Street
approximately 300 feet to 400 feet south of Highway 10 right-of-way
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· A road access and frontage onto 183rd Avenue be restrictive.
Elk River City Council Meeting
November 21, 1994
Page 13
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Following review of the concept plan, it was the consensus of the Council to
endorse this plan.
5.5.
Consider a Modification to the EDA Enabling Resolution
The City Administrator reviewed the terms of the existing EDA members.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-122, A
RESOLUTION MODIFYING RESOLUTION 87-63 ESTABLISHING AN ECONOMIC
DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-0.
Councilmember Scheel opposed, Mayor Duitsman abstained.
9.1. Advertise for bids for front end loader
COUNCllMEMBER SCHEEL MOVED TO AUTHORIZE THE CITY TO ADVERTISE FOR BIDS
FOR THE FRONT END LOADER. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
10. Staff Updates
There were no staff updates.
11.
Adjournment
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There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 10:25 p.m.
Respectfully submitted,
r! (M:~~,lt ~tU#U!A.ct(j (O-iA)
Sandra Thackeray
City Clerk
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