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08-01-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 1, 1994 Members Present: Mayor Duitsman, Council members Scheel. Dietz, Farber and Holmgren Members Absent: None Staff Present: Lori Johnson, Finance Director; Phil Hals, Street Superintendent; Steven Ach, City Planner; Terry Maurer, City Engineer; Peter Beck, City Attorney; and Sandra Thackeray, City Clerk Also Present: Dana Anderson, Park and Recreation Representative 1. Call Meetinq To Order Pursuant to due call and notice thereof; the meeting of the Elk River City Council was called to order at 6:42 p.m. by Mayor Duitsman. 2. Consider Aqenda e The following additions were mode to the agenda: 8. Check Register Additions 10.1. 3rd and Gates Avenue 10.2. Edison A venue COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 8/1/94 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 5.2. 4.1. 7/25/94 REGULAR CITY COUNCIL MEETING MINUTES - APPROVED 4.2. 7/25/94 EXECUTIVE CITY COUNCIL MEETING MINUTES - APPROVED 8. CHECK REGISTER - INCLUDING TWO ADDITIONS - APPROVED · PA Y ESTIMATE #3 TO KUE CONSTRUCTION FOR WORK COMPLETED ON THE LIBRARY IN THE AMOUNT OF $82, 753 - APPROVED · BILL BRUCE IN THE AMOUNT OF $490.00 - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Consider resolution aooointinq election iudqes for Seotember 13, Primary Election e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-83, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 13, 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes August 1, 1994 Page 2 e 5.2. Consider change order for oublic imorovements at former City Hall site {US Hiqhwav 10, Main Street and UPA Drive Councilmember Dietz questioned the portion of the change order pertaining to the installation of the new hydrants. Terry Maurer indicated that the contractor was unaware that there would be new equipment, therefore, the change order is for the cost of the new equipment. Councilmember Scheel questioned whether the City could charge the people who use the "pork and ride lot." Steve Ach indicated that the City now charges a nominal fee for the lot on Highway 10 and south of the railroad tracks. COUNCILMEMBER DIETZ MOVED TO APPROVE CHANGE ORDER #1, FOREST LAKE CONTRACTING FOR WORK COMPLETED ON THE SCHOOL STREET, JACKSON AND FREEPORT AVENUE PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider site orooosals for EDA site located on Main Street Street Superintendent Phil Hals, indicated that following a presentation of the proposals for the EDA site, the downtown business group has voted to support Proposal C. He indicated that this proposal is also supported by the Chamber of Commerce and the Park and Recreation Commission. e Phil Hals explained that Proposal C includes a large patio area at street level and o grass amphitheater with future consideration for a future concrete amphitheater if necessary. He indicated that the cost for this option is the least expensive at approximately $30,600. Mayor Duitsman questioned the source of funding. Lori Johnson indicated that several options have been discussed. Mayor Duitsman suggested that the Council make a determination of funding at a later dote but authorize the project at this time. COUNCILMEMBER DIETZ MOVED TO PROCEED WITH THE IMPROVEMENTS TO THE EDA SITE LOCATED ON MAIN STREET USING PROPOSAL C. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Resolution determininq the cost to be assessed and order the oreoaration of the assessment roll for the Northeast Area trunk sewer and water assessment Terry Maurer explained that the improvement associated with the Elk Park Center development is not entirely petitioned and therefore, must be assessed. He stated that the assessment will be for the extension of trunk sanitary sewer and water and the reconstruction of 193rd A venue east of TH 169. He indicated that the assessment hearing is scheduled for August 22, 1994. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-84, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF NORTHEAST AREA TRUNK City Council Minutes August 1,1994 Page 3 e IMPROVEMENTS OF 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Resolution aoorovinq olans and soecifications and orderinq advertisement for bids for the Western Area Phase II Proaram Terry Maurer stated that the schedule for the Western Area Phase II improvements calls for approval of plans and specifications and the authorization for advertisement for bids. He further stated that there are still pending issues with this project and there may be changes to the plans in 1995, however, these changes should not affect the action requested by the Council this evening. Councilmember Scheel questioned how making changes to the project would affect action taken by the council to authorize bids. Terry Maurer explained that the improvements in the project will be subject to modifications. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-85, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE WESTERN AREA 2ND PHASE TRUNK SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS OF 1994. COUNCILMEMBER D.IETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Review City oolicy on trunk sewer and water assessment rate of $3,800 oer acre e Terry Maurer stated that the issue of trunk sewer and water fees has been previously reviewed by the Council. He explained that the Council has previously discussed an amount of $3,800 to be used as a city-wide basis for this type of assessment. Developer Rick Foster indicated that the City's assessment policy states that the fee should be according to actual cost. He indicated that the Council may have deviated from this somewhat. but it has never charged more than the cost of the trunk improvements. He indicated that he believes $3,800 is considerably more than the cost of the project. Council member Farber indicated he did not feel it was fair for the City to charge the developers more than the actual cost for the trunk assessment. Councilmember Farber questioned whether the City can charge a different fee than is set by the Assessment Manual. City Attorney Peter Beck indicated that the manual is a guideline for staff and it is subservient to policy of the Council. Terry Maurer reviewed some of the alternatives that have been discussed. Councilmember Holmgren stated that it would be difficult to defend one cost for all situations. He indicated he would prefer developing different districts in the City and charge according to actual cost based on a per district fee. e Discussion was held regarding the process and time it would take to develop certain zones and the fees for those zones. Terry Maurer indicated that the City could start with the northeast service district that affects the current development in the City so as to minimize delay for the developers. City Council Minutes August 1,1994 Page 4 e --------------------------------- COUNCILMEMBER HOLMGREN MOVED THAT THE TRUNK SEWER AND WATER ASSESSMENT FEES BE BASED ON A PER ZONE OR SERVICE AREA, AND AUTHORIZED STAFF TO BEGIN THE PROCESS OF DEVELOPING SERVICE DISTRICTS AND ASSOCIATED FEES BEGINNING WITH THE NORTHEAST AREA OF THE CITY. COUNCILMEMBER FARBER SECONDED THE MOTION. Mayor Duitsman and Councilmember Dietz indicated that they support an average rate for the entire city. THE MOTION CARRIED 3-2. MAYOR DUITSMAN AND COUNCILMEMBER DIETZ VOTED AGAINST THE MOTION. Discussion was held regarding whether the new fee would be retroactive. Council member Farber stated that the City is reviewing this fee at the request of Rick Foster as it affected several of his developments. Peter Beck informed Rick Foster that the projects he is currently involved in, and other Developer Agreements now being drafted, will be put on hold until a new fee is developed. . Terry Maurer indicated that this would be brought back to the Council on August 15,1994. 6. Ooen Mike e Steve Stewart of 18290 Ogden St. NW stated that he is a resident of Sandpiper Estates. He indicated that the assessment against his property will be about $19,900 not including hook up costs. He indicated this is an unfair cost and a burden to his family and a burden to many of the families in the area. He indicated the residents' frustration with the situation. Council member Holmgren indicated that the Sandpiper development is still under consideration by the Council and that no final decision has been made regarding the development. 7.1. Consider variance reauest by Jason Volkers - Case #V 94-07 Steve Ach, City Planner indicated that Joson Volkers is requesting a variance to exceed the maximum size of an accessory structure. He indicated that this item has been tabled by the Council on two different occasions. The City Planner reviewed the request. He indicated that the Planning Commission recommended denial because no hardship could be found. Steve Ach indicated that staff concurred with the Planning Commission's recommendation. Mayor Duitsman opened the public hearing. Jason Volkers indicated that he is requesting an additional 6 feet than is allowed. He indicated that without the variance he would be unable to store his motor home and antique tractor. e There being no further comments from the public, Mayor Duitsman closed the public hearing. City Council Minutes August 1, 1994 Page 5 --------------------------------- e Councilmember Scheel indicated that not being able to store expensive equipment inside would constitute a hardship. She also indicated that the size of the addition would not affect surrounding property owners because Mr. Volkers owns 2112 acres of land. COUNCILMEMBER SCHEEL MOVED TO APPROVE A 220 FOOT VARIANCE TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY BUILDING REQUESTED BY JASON VOLKERS, AT THE LOCATION OF 14115 190 1/2 CIRCLE NW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. COUNCILMEMBER DIETZ OPPOSED AND MAYOR DUITSMAN ABSTAINED. 7.2. Consider a conditional use oermit request by Darkenwald Family Partnershio Cu 94-11 City Planner Steve Ach indicated that Darkenwald Family Partnership has requested a conditional use permit to build an automobile repair facility in addition to having multiple buildings on one parceL He indicated that on July 5, the City Council directed Stoff to draft a resolution of denial for the request. Steve Ach indicated that the motion also included an opportunity for the developer to make the necessary corrections to the plans. Steve Ach informed the Council that the developers have made revisions to the plans pertaining to density, parking, buffer and landscaping. The City Council reviewed the revisions. Mayor Duitsman opened the pUblic hearing. e Shari Emerson, 5215 Parson Avenue, Rogers, Housing Administrator for Guardian Angels; stated that the Guardian Angels were originally opposed to this development. She further indicated that due to a spirit of cooperation shown by the developer, the Guardian Angels will support the development with the conditions listed in the Staff memo dated August 1, 1994. Ms. Emerson reviewed the conditions listed in Staff's memo. Dr. Howard Johnson, indicated his concern regarding the traffic on Main Street and the effect the storm water runoff would have on the Main and Evans drainage problem. Carol Mills, 11045 245th Ave" Zimmerman; commented on the increase in traffic and the effect it has on the right turn on Main Street and Evans. Mayor Duitsman suggested that the City Engineer review this area. Councilmember Holmgren indicated that he would like to add an extra condition requiring a fence to secure the auto service store after business hours, if determined necessary by the Chief of Police. John Weicht, requested that the Council consider amending item #7 of the recommendations relating to hours of operation to the following: e Auto Service Mall - M-F 7:30 a.m. - 6:30 p.m. Sat. 7:30 a.m. - 6:00 p.m. Sun. 10:00 a.m. ~ 5:00 p.m. Other Businesses 8:00 a.m. - 11 :00 p.m. 7 days per week City Council Minutes August 1, 1994 e 1. e 2. 3. 4. 5. 6. 7. e Page 6 John Weicht also addressed item # 17 relating to overnight, outside storage of vehicles. He indicated that the auto mall would like the capability of allowing customers to drop off or pick up vehicles after hours. Eleanor Todahl, 280 Evans Avenue, Angel Ridge Apartments, read several letters from residents of Angel Ridge who are opposed to the development. The letters indicated noise; too close to nursing home; traffic; fumes; doors of business being left open as reasons for opposition. Jim Benson, C Chase Company; representing Abra and Tires Plus; requested that the Council reconsider item # 1 7 relating to outside storage. He indicated that there would be no outside of damaged or wrecked vehicles. He further indicated that it was necessary for this type of business to allow customers to pick up and drop off vehicles after hours. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DARKENWALD FAMILY PARTNERSHIP TO CONSTRUCT A 15,400 SQUARE FOOT AUTO REPAIR FACILITY IN ADDITION TO HAVING MULTIPLE BUILDINGS ON ONE LOT BASED ON THE PROPOSAL LABELED "PLAN D" WHICH INCLUDES THE ADDITIONAL SETBACKS ALONG THE WEST PROPERTY LINE, WITH THE FOLLOWING CONDITIONS: ALL OF TERRY MAURER'S COMMENTS OUTLINED IN MEMOS DATED APRIL 15, MAY 19, AND JUNE 16, 1994, BE MADE PART OF THE REVISED PLANS IN THIS CONDITIONAL USE PERMIT. AN INCREASE OF LANDSCAPING (CONIFERS) BE PROVIDED ALONG THE WEST PROPERTY LINE TO ESTABLISH A BUFFER BETWEEN THE TWO LAND USES. NECESSARY IMPROVEMENTS TO CARSON AND MAIN STREET BE COMPLETED PRIOR TO OCCUPANCY OF THE PROPOSED BUSINESSES. ONE MONUMENT STYLE SIGN IDENTIFYING THE PROJECT AND TENANTS WITH A MAXIMUM HEIGHT OF 24 FEET BE ALLOWED. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH SIZES AS PRESENTED BY THE DEVELOPER BE PERMITTED. NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS. HOURS OF OPERATION BE AS FOLLOWS: AUTO SERVICE MALL - M-F 7:30 A.M. - 6:30 P.M. SAT. 7:30 A.M. - 6:00 P.M. SUN. 10:00 A.M. - 5:00 P,M. OTHER BUSINESSES 8:00 A.M. - 11:00 P,M. 7 DAYS PER WEEK 8. CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE PARKING AREA. City Council Minutes August 1, 1994 Page 7 , 9. ADEQUATE TRAFFIC CONTROL/LANDSCAPE ISLANDS BE INCORPORATED INTO THE PARKING AREA AND MADE PART OF THE IMPROVED SITE PLANS. 10. NO SIGNAGE BE ALLOWED ON THE WEST ELEVATIONS OF ANY OF THE BUILDINGS. 11. TRASH ENCLOSURES BE PROVIDED WHICH ARE LARGE ENOUGH TO CONTAIN ALL REFUSE COLLECTION AND RECYCLING ITEMS, AND BE SCREENED FROM PUBLIC VIEW. 12. UNDERGROUND IRRIGATION BE PROVIDED THROUGHOUT ALL LANDSCAPED AREAS. 13. PROPOSED LANDSCAPING MEET MINIMUM SIZE REQUIREMENTS AS STATED IN THE ORDINANCE. 14. . ALL RETAINING WALLS BE CONSTRUCTED WITH A DECORATIVE BLOCK MATERIAL. 15. REAR DOORS ON JR TECH'S BUSINESS REMAIN CLOSED DURING NORMAL BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN AND OUT. 16. PA YMENT OF $600 PER ACRE FOR TRUNK STORM SEWER IMPROVEMENTS BE MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT. e 17. NO DAMAGED OR WRECKED AUTOMOBILES BE STORED OUTSIDE OVERNIGHT. UNDAMAGED VEHICLES MAY BE PARKED OUTSIDE AlA MAXIMUM PERIOD NOT TO EXCEED 48 HOURS. 18. THAT A CHAIN LINK FENCE BE CONSTRUCTED TO SECURE THE AREA BEHIND THE AUTO SERVICE STORE AFTER BUSINESS HOURS, IF DETERMINED NECESSARY BY THE CHIEF OF POLICE. COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. The Council recessed at 8:00 p.m. and reconvened at 8: 12 p.m. 7.3. Consider conditional use to develoo a residential olanned unit develooment ICU 94-26J and a oreliminary olat to subdivide aooroximately 40 acres into 88 single family lots IP 94-06J by Riverside Develooment, PUBLIC HEARING . City Planner Steve Ach stated that the City Council reviewed the conditional use permit and preliminary plat at the July 18, 1994. City Council meeting. At that meeting the Council discussed the appropriate park. trail and sidewalk needs for Hillside Estates 4th Addition. Following Council discussion at that meeting, the issue was tabled to allow the Park and Recreation Commission to further review the park and trail issues. He further stated that the Park and Recreation Commission met to discuss this issue on July 26, 1994. and have made the following recommendations: City Council Minutes August 1, 1994 e e e Page 8 . The Planning Commission and City Council require future plats in the sewer and water district to contain sidewalks and bicycle lanes for safe non. motorized transportation on streets that carry other than neighborhood traffic. The City assume ownership of the Northern Natural Gas line easement and the NSP power line easement in Hillside Estates Development. Auburn Street from the south plat boundary to 196th Avenue, 196th A venue from Auburn Street to Zone Street, and Zone Street from 196th Avenue to 197th Avenue have a 70 foot right of way with a 6 foot wide diamond lane for bicycle traffic added to the street width between the curbs on the east side of Auburn Street. the south side of 196th Avenue, and the east side of Zone Street, in lieu of the rear yard trail previously proposed paralleling Auburn Street. The dedicated park area described in the 6/27/94 Park and Recreation minutes remain as previously requested should the 33 foot wide trail on the east side of the Northern Natural Gas line easement. . . . Mayor Duitsman opened the public hearing. Mayor Duitsman indicated that he does not support a 70 foot right-of.way. Jeff Gongo", indicated that he agrees with Staff's recommendations listed in the Staff report. Council member Holmgren questioned whether the park dedication requirement would be satisfied. Steve Ach indicated that the requirements for park dedication are satisfied through the 3.9 acre of park land and the corridor along the eastern portion of the plat. Dana Anderson, Park and Recreation Commission Representative, explained the reasoning for recommending 0 trail along Auburn which connects to the 3.9 acres of park land. He indicated that this trail would move the people within the plat to the park. Marly Glines of Riverside Development. indicated that the proposed trails in the plat are consistent with the City's 1988 Growth Management Plan. He further indicated that the plan eliminates the need to cross any driveways in the plat. There being no further comments from the public, Mayor Duitsman closed the public hearing. The City Council discussed the park, trail, and sidewalk options. It was concluded that Riverside Development satisfy their park dedication requirements by dedicating 3.9 acres for park land and a trail corridor along the east limits of the plat. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT OF HILLSIDE ESTATES 4TH ADDITION WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes August 1, 1994 e 7. 8. 9. e 10. ll. 12. 13. 14. 15. 16. Page 9 2. COMMENTS FROM TERRY MAURER'S JUNE 15, 1994, MEMO BE ADDRESSED AND INCORPORATED INTO THE PLAT. 3. A COMPLETE WETLAND DELINEATION BE CONDUCTED AND INCORPORATED INTO THE PLAT. ALL IDENTIFIED WETLANDS SHOULD BE PROTECTED WITH A DRAINAGE AND UTILITY EASEMENT. 4. PARK DEDICATION REQUIREMENTS BE SATISFIED PER CITY COUNCIL APPROVAL. 5. STREET LIGHTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY THE CITY. 6. A DEVELOPMENT PLAN BE SUBMITTED FOR CITY REVIEW AND APPROVAL. PLANS SHOULD IDENTIFY FINISHED FLOOR ELEVATIONS, LOT CORNER ELEVATIONS, AND TYPE OF HOME. THIS PLAN NEEDS TO BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON THE ZONE CHANGE TO PLANNED UNIT DEVELOPMENT BEING APPROVED BY THE CITY COUNCIL. PAYMENT OF STORM DRAINAGE IMPACT FEE OF $100 PER LOT BE MADE PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. PAYMENT IN THE AMOUNT DETERMINED BY THE CITY ENGINEER BE MADE TO COVER THE COST OF SEAL COATING THE STREETS BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ALL OUTLOTS INTENDED TO BE USED FOR TRAIL CORRIDORS BE DEEDED TO THE CITY. THE EAW BE ACTED ON BY THE CITY COUNCIL PRIOR TO CONSIDERING THE FINAL PLAT. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT. THE VACANT AREAS BETWEEN BALDWIN CIRCLE AND AUBURN BE INCLUDED IN THE PLAT. A TREE PROTECTION PLAN BE SUBMITTED WITH EACH BUILDING PERMIT. THE NORTHERN STATES POWER EASEMENT BE DEEDED TO THE CITY AT THE TIME FUTURE ADDITIONS OF HILLSIDE ESTATES ARE PLATTED. THE CITY PROPERTY WHERE THE WATER TOWER IS LOCATED SHOULD BE INCLUDED AND MADE PART OF THE PROPOSED PLAT. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER DIETZ ABSTAINED. City Council Minutes August 1, 1994 Page 10 e COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE STANDARDS FOR HILLSIDE ESTATES FOURTH ADDITION. 2. A LANDSCAPE PLAN BE SUBMITTED OUTLINING THE PROPOSED LANDSCAPING IMPROVEMENTS FOR THE PLANNED UNIT DEVELOPMENT AS WELL AS THE LANDSCAPING TO MEET THE CITY'S ORDINANCE REQUIREMENTS. 3. DEVELOPER PROVIDE A DETAIL OF THE TYPICAL MAILBOX DESIGN THAT WILL BE USED THROUGHOUT THE ENTIRE DEVELOPMENT 4. SETBACKS MEET THE FOLLOWING: HOUSE FRONT YARD SIDE YARD CORNER SIDE YARD REAR YARD 30 FEET 10 FEET 30 FEET 30 FEET GARAGE FRONT YARD SIDE YARD _ CORNER SIDE YARD REAR YARD 30 FEET 6 FEET 30 FEET 6 FEET e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER DIETZ ABSTAINED. 7.4. Consider a conditional use oermit for a zero lot line develooment ICU 94.231: a variance to the minimum lot size IV 94-09) and a oreliminarv Qlat to divide a 2.73 acre Darcel into 7 duolex structures IP94-091 by Gramstad Homes/oublic hearing Steve Ach reviewed the request for a preliminary plat, conditional use permit and variance. He indicated that the location of the proposed plat is immediately east of the two four unit apartment buildings located on the north side of Meadowvale Road. Preliminary Plat Steve Ach stated that Gramstad Homes is requesting a preliminary plat of a townhome/residential subdivision consisting of seven (7) duplexes (fourteen units) Conditional Use Permit Steve Ach indicated that Gramstad homes is requesting a conditional use permit for a zero lot line separating the duplexes. Variance Steve Ach indicated that Gramstad Homes is requesting a variance to the minimum lot size for the R/3 zoning district. e The City Planner informed the Council that the Planning Commission reviewed the requests and recommends approval. City Council Minutes August 1, 1994 e 1. 2. 3. 4. 5. e 6. Page 11 Mayor Duitsman opened the public hearing at this time. Harold Gramstad introduced himself as the developer of the plat. He indicated that there will be an association within the plat that will toke care of all maintenance issues. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR GRAMSTAD HOMES WITH THE FOLLOWING CONDITIONS: PARK DEDICATION IN THE AMOUNT OF $450 PER LOT BE PAID TO THE CITY PRIOR TO RECORDING. THE 8" CALIPER TREES LOCATED ALONG MEADOWVALE ROAD BE SAVED AND INCORPORATED INTO THE SITE PLAN. SILT FENCING BE USED ALONG THE ENTIRE PERIMETER OF THE WETLAND UNTIL THE SITE IS PERMANENTLY SODDED OR SEEDED. STORM SEWER CALCULATIONS RECENTLY SUBMITTED BY THE APPLICANT BE APPROVED BY STAFF PRIOR TO THE CITY COUNCIL MEETING. THE SEDIMENTATION POND LOCATED IN THE CENTRAL PORTION OF THE PLAT BE FLATTENED TO MEET THE REQUIRED FOUR (4) TO ONE (1) SLOPE. ADDITIONAL SPOT ELEVATIONS ON THE WEST END OF THE SITE NEAR THE EXISTING BUILDING BE ESTABLISHED TO DETERMINE HOW THE DRAINAGE WILL BE DIRECTED AWAY FROM THAT PROPERTY. 7. A STORM WATER IMPACT FEE DETERMINED BY THE CITY COUNCIL BE REQUIRED PRIOR TO RECORDING THE PLAT. 8. THREE STREET LIGHTS ARE REQUIRED AS PART OF THE DEVELOPMENT. ONE AT EACH ENTRANCE AND A THIRD NEAR THE NORTHERLY SIDE OF THE DEVELOPMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. THE CITY ATTORNEY REVIEW THE "ASSOCIATION" DOCUMENTS. COUNCILMEMBER FARBER MOVED TO APPROVE THE VARIANCE TO THE MINIMUM LOT SIZE BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP SINCE THE PROVISIONS OF THE ORDINANCE IS MAINTAINED BECAUSE THE NET AVERAGE LOT SIZE OF 7,670 SQUARE FEET EXCEEDS THE CITY'S MINIMUM STANDARDS. IN ADDITION, THE HARDSHIP IS A COMPETITIVE FACTOR AGAINST SIMILARLY SITUATED PROPERTIES AND IS A SERIOUS ERROR IN THE ORDINANCE. e 2. REDUCING THE INDIVIDUAL LOT SIZE DOES NOT INCREASE THE DENSITY OF THE DEVELOPMENT. City Council Minutes August 1, 1994 Page 12 e 3. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A ZERO LOT LINE DEVELOPMENT WITH THE FOLLOWING CONDITIONS. 1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. 2. A LANDSCAPED BERM BE IMPLEMENTED ALONG MEADOWVALE ROAD. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Consider initiatino an aoolication to -amend various sections of the. zoninq ordinance e Steve Ach informed the Council that staff is requesting authorization to initiate amendments to the zoning ordinance pertaining to landscaping and parking. COUNCILMEMBER FARBER MOVED TO SUPPORT STAFF IN ITS REQUEST TO INITIATE AMENDMENTS TO THE ZONING ORDINANCE PERTAINING TO LANDSCAPING AND PARKING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider initiatino an aoolication to rezone certain orooem to business Dark Steve Ach indicated that on January 18, 1994. the City Council adopted a Business Park Zoning Ordinance which could be implemented for the western area business park. He stated that in order to adequately address any development requests that come forward, it would be appropriate to establish a business park zone. Jay Johnson of Country Ridge Partnership indicated that he is in the process of developing the Lakoduk property. He requested the Council not to zone the property to business park at this time. He indicated he would like the opportunity to complete their study and make a land use amendment request to the Council for the property. e COUNCILMEMBER DIETZ MOVED TO INITIATE A REZONING FOR THOSE PROPERTIES THAT HAVE BEEN IDENTIFIED IN THE WESTERN AREA OF THE CITY TO BP (BUSINESS PARK) ZONING DESIGNATION TO IMPLEMENT THE INTENDED DEVELOPMENT PATTERN AND LAND USE MIX OF THE WESTERN AREA PRIOR TO EXTENDING TRUNK UTILITY LINES TO SERVE THIS AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes August 1,1994 Page 13 e 5.7. Uodate from City Attorney reqardinq chanaes in the Oqen Meetinq Law, the Ethics/Gift Law, and the Conflict of Interest Ordinance City Attorney Peter Beck updated the Council on the Open Meeting Law. He indicated that groups and commissions appointed by the City Council are subject to the open meeting law. Peter Beck updated the Council on the new legislation regarding the Ethics and Gifts low as it affects municipal government. The Council requested the City Attorney to prepare a written report which can be distributed to staff, Council and commissions for reference to the Ethics and Gifts law. Peter Beck informed the City Council that he will be preparing an amendment to the City's Ordinance relating to Conflict of Interest so that the City's ordinance is consistent with State Statute. 5.8. General uodate on County ditches by City Attorney Peter Beck Peter Beck informed the Council that there appears to be no method available for the City to assume ownership of county ditches. he stated that if the City did take over the county ditches, the City would have to follow the county ditch law. The county ditch law would not allow the City to assess property owners for repair of the ditches. Peter Beck suggested that the only recourse may be to pass legislation which would deal with this matter. e Mayor Duitsman stated that the City should ask its representatives to carry a bill which would deal with the County ditch law. Peter Beck indicated that the ditch law will not prevent the City from correcting the problems associated with Ditch 10. The City can petition the County to outlet into the ditch, but it will take a longer time to complete this procedure than is available in this construction season. This procedure would only allow the City the opportunity to discharge the water the City collects into the ditch to improve the drainage. COUNCILMEMBER SCHEEL MOVED TO PETITION THE COUNTY TO ALLOW THE CITY TO DISCHARGE THE AREAS OF MAIN AND EVANS AND DESCHENES PROPERTY INTO COUNTY DITCH #10. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ATTORNEY TO WORK TOGETHER WITH THE COUNTY ATTORNEY TO TRY TO PASS LEGISLATION REGARDING THE COUNTY DITCH LAW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman requested the City Engineer to write a letter to all affected parties explaining the delay. 5.9. Reconsider bids for County Road 12/13 drainaqe oroiect e Terry Maurer explained that the contract for the proposed drainage improvements in the area of County Road 12/13 have been awarded. He City Council Minutes August 1, 1994 Page 14 .-.-----.-------.-.-------------- e indicated that although the contractor is ready to begin construction, the City cannot allow this due to the affect the County Ditch law has on the project. He indicated that the two options available include 1} rejecting 011 bids and combining the project with the Main and Evans drainage project to be done at 0 future date; or 2) holding the bid pending the outcome of the petition to the County regarding County Ditch #10. Terry Maurer indicated he would first talk to the contractor prior to rejecting the bids. 11. Executive Session of City Council COUNCILMEM8ER SCHEEL MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PENDING LITIGATION OF THE HOHLEN PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 9:25 into executive session and reconvened at 9:35 p.m. Councilmember Farber left at this time. (9:~5 p.m.) 9. Staff Uodates Finance Director Lori Johnson indicate,d that the motion pertaining to health insurance made by the Council on July 18 did not specifically include the Police Union. She requested clarification on whether the Police Union was intended to be included in the motion made on July 18. The Council concurred that the Police Union was not intended to be included in the resolution. e COUNCILMEMBER HOLMGREN MOVED THAT ANY INCREASE IN PREMIUM FOR HEALTH INSURANCE. BE PAID BY THE UNION EMPLOYEES AND THAT THERE BE NO INCREASE IN THE CITY CONTRIBUTION AT THIS TIME. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council indicated that it may change this decision if the Union agrees to accept the PEIP proposal. 10. Other Business Edison Street Upqrade Councilmember Scheel stated that she received a letter from Debbie and Art Johnson of 9956 153rd Avenue NW and 0 petition from neighboring residents abutting Edison Street. The letter addresses the poor condition of the road and the residents' desire to have the road upgraded. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO HOLD A NEIGHBORHOOD MEETING WITH THE RESIDENTS ABUTTING EDISON STREET TO INFORM THEM OF THE PROCESS TO UPGRADE THE ROAD. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3rd Street and Gates Avenue e Councilmember Holmgren indicated that there is a tree located at the intersection of 3rd and Gates which is preventing the City from lining up the intersection. He indicated that this is a dangerous intersection. He stated that he City Council Minutes August 1, 1994 Page 15 --------------------------------- e has spoken with residents on 3rd A venue between Gates and Evans who have indicated they h.ave no problem with making a cul-de-sac in the area. Council member Holmgren indicated that he has not spoken with Carol Mills regarding this proposal. Councilmember Holmgren requested the City Engineer to review the situation and bring back 0 recommendation to the Council. It was the Council consensus to have the engineer review this situation. 13. Adiournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the City Council adjourned at 9:55. p.m. Respectfully Submitted, ~~~ Sandra A. Thackeray City Clerk .e e