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10-17-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 17, 1994 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steven Ach, City Planner; Terry Maurer, City Engineer; Peter Beck, City A ttorney; Darrell Mack, WWTP Superintendent; Stephen Rohlf. Building and Zoning Administrator; Also Present: Dan Tveite, Planning Commission Representative 1 . Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. e 2. Consider Agenda The City Administrator requested that consideration of a resolution regarding hunting on the Mississippi River be added under Other Business. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM 5.8, AS FOLLOWS: 4.1. 10/3/94 CITY COUNCIL MINUTES -- APPROVED -- 5.3. CONSIDER THE FOLLOWING PAY ESTIMATES · PAY ESTIMATE #4 TO KUE CONTRACTORS, INC.,/L1BRARY EXPANSION/ $52,986 - APPROVED · PA Y ESTIMATE #5 TO GRIDOR CONSTRUCTION/WASTEWATER TREATMENT PLANT EXPANSION/$189,393 - APPROVED · PAY ESTIMATE #4 TO FOREST LAKE CONTRACTING, INC./ STREET AND TURN LANE IMPROVEMENTS RELATING TO THE ELK PARK CENTER PROJECT/$318,748.03 - APPROVED · PAY ESTIMATE #4 TO ARCON CONSTRUCTION, INC./SEWER AND WATER MAIN IMPROVEMENTS AS PART OF THE ELK PARK CENTER PROJECT/ $164,653.96 - APPROVED City Council Minutes October 17, 1994 Page 2 e 5.6. RESOLUTION 94-105 AWARDING THE SALE OF THE CITY'S $83,500 EQUIPMENT CERTIFICATE OF 1994; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY AND PROVIDING FOR ITS PAYMENT - APPROVED 5.7. CALL BOARD OF CANVASS MEETING FOR 11/10/94 AT 5:30 P.M. TO CANVASS THE RESULTS OF THE MUNICIPAL ELECTION - APPROVED 7.8. MOTION TO CONTINUE CONDITIONAL USE PERMIT AND PRELIMINARY PLAT REQUEST BY ELK RIVER DEVELOPMENT COMPANY TO 11/21/94 - APPROVED 7.12. MOTION TO TABLE AN ORDINANCE AMENDMENT TO VARIOUS SECTIONS OF THE ZONING ORDINANCE, SECTION 900.30, (SCREENING & LANDSCAPING) OA 94-5 TO 11/21/94 - APPROVED 8. CHECK REGISTER - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Proclamation Recoonizino October 19, 1994, as Elk River All star City Day COUNCILMEMBER DIETZ MOVED TO PROCLAIM OCTOBER 19, 1994, AS ELK RIVER ALL STAR CITY DAY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.2. Set Public Hearing Date to Consider Modification to EDA Enablino Resolution The City Administrator stated that the Economic Development Authority has requested that the City Council schedule a public hearing to consider a modification to the resolution thot created the EDA for the City of Elk River. The modification relates to adding at least one more at-large commissioner at the expense of reducing the number of City Council members on the EDA. Mayor Duitsman stated that he feels strongly that economic development is very important, especially for the downtown area. He indicated that would not vote for the change in the resolution because he feels the Council should be involved in the economic development of the City. COUNCILMEMBER SCHEEL MOVED THAT NO CHANGE BE MADE IN THE COMPOSITION OF THE EDA. Council member Holmgren indicated that because there are three council members up for re-election this issue should be continued until after the election. Councilmember Scheel indicated that a decision should be made now so that when the new people file for election, they will have an idea of what their jobs will entail. THE MOTION DIED DUE TO LACK OF A SECOND. e COUNCILMEMBER FARBER MOVED TO SET A PUBLIC HEARING FOR NOVEMBER 7, 1994, TO CONSIDER A MODIFICATION TO THE EDA'S ENABLING RESOLUTION WHEREBY AT LEAST ONE MORE NON-ELECTED, AT-LARGE COMMISSIONER WOULD BE City Council Minutes October 17, 1994 Page 3 e ADDED TO THE EDA, THEREBY REDUCING THE NUMBER OF CITY COUNCIL MEMBERS ON THE EDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. MAYOR DUITSMAN OPPOSED. 5.4. Consider Personnel Reauest for WWTS City Administrator Pat Klaers indicated that the WWTS Superintendent is requesting permission to advertise for a full time employee, with a start date of 1/2/95 to replace Ken Nelson who resigned June 6, 1994. He indicated that the Superintendent is requesting to upgrade the position to an electro-mechanical technical/W.W.T.S. Operator. There was council consensus to delay action on this item until the WWTS Superintendent arrived. 5.5. Consider Reauest to Chanae Resolution 89-12 Which adopted certain policies reaarding enaineerina services for development proiects The City Administrator indicated that a request has been made for the council to consider changing the City's engineering policy. He indicated that this issue was discussed at the September 19, 1994, City Council meeting at which time it was continued for further review. e The Council discussed what recourse the City would have if work by a private engineer was done unsatisfactorily. It was indicated that the City is ultimately responsible for the project. Lynn Caswell of John Oliver and Associates indicated that the plans and specifications would be inspected by the City's engineer. He indicated that a change in the policy would not put the City at risk. Council member Holmgren indicated that the City should try the policy for a year as outlined by the attached resolution. Councilmember Dietz indicated that he wanted all outside engineering firms to be aware that there could be a duplication of cost and effort. Mayor Duitsman indicated that he is in favor of private development but is concerned that problems may arise from developers moving ahead with projects prior to City Engineer review of the design work. He indicated that if this happens, this policy will come back to the Council for reconsideration. Councilmember Farber indicated that if the new policy is adopted, it is important that the City be included in the inspection process and that plans are prepared by a registered engineer. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-104, A RESOLUTION ADOPTING CERTAIN POLICIES REGARDING ENGINEERING SERVICES, WITH THE UNDERSTANDING THAT THIS POLICY BE REVIEWED BY THE COUNCIL BEFORE DECEMBER 31, 1995. COUNCILMEMBER SCHEEL SECONDED THE MOTION. e The City Attorney suggested minor language changes in the last paragraph of the resolution. City Council Minutes October 17, 1994 Page 4 e The maker of the motion and the second concurred with the language amendments proposed by the City Attorney. THE MOTION CARRIED 5-0. 5.4. Consider Personnel Reauestfor WWTS This item was tabled from earlier in the meeting until the WWTS Superintendent was present. Darrell Mack, WWTS Superintendent was present at this time to answer questions. Darrell Mack indicated that an employee with electrical training would benefit the City and save several thousand dollars a year in service calls. Mayor Duitsman questioned what charges have been made in the past for electrical work. Darrell Mack indicated that a service call is about $400 minimum. He indicated that the charges for the last four years have been about $4,500. Mayor Duitsman questioned whether this employee would be available to work in other departments should his expertise in electricity be needed. Darrell Mack indicated that this would be possible. e COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE W.W.T.S. SUPERINTENDENT TO ADVERTISE FOR A W.W.T.S. OPERATOR WITH THE QUALIFICATIONS OF AN ELECTRO-MECHANICAL TECHNICIAN, AT A PAY RANGE OF $17.75 - $20.75 PER HOUR DEPENDING UPON QUALIFICATIONS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Consider reauest for Off-Sale Beer License by SuperAmerica The City Clerk indicated that SuperAmerica has made application to sell non- intoxicating malt liquor off-sale at their new location on 193rd Avenue. Councilmember Scheel indicated that she does not like the idea of gas stations selling 3.2 beer. COUNCILMEMBER FARBER MOVED TO APPROVE A NON.INTOXICATING OFF SALE MALT LIQUOR LICENSE FOR SUPERAMERICA AT 193RD AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 5.9. Consider Reauest for Exemption from Lawful Gamblina License by Proper Economic Resource Manaaement (PERM) The City Clerk indicated that PERM is requesting an Exemption from Lawful Gambling license that will allow them to hold a one-day raffle at Broadway Bar and Pizza. Perm is a nonprofit organization that supports the protection of Natural Resources. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR PROPER ECONOMIC RESOURCE MANAGEMENT TO HOLD A RAFFLE AT BROADWAY PIZZA ON MAY 2, 1995. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes October 17, 1994 Page 5 . -.------------------------------ 5.10. Consider limited use oermit for Elk River American Leaion Monument Proiect City Planner steve Ach indicated that the American Legion is requesting a limited use permit from MnDOT. This permit will allow the American Legion to construct a Veterans' Memorial on MnDOT right-of-way along the south side of Highway 10 between Oxford and Norfolk. Gene Schuldt, representative of the American Legion, reviewed the proposed location and plans for the monument. Council member Dietz requested the City Planner notify the residents along 5th Street of the proposed project. Discussion was held regarding parking and lighting. COUNCILMEMBER SCHEEL MOVED THE FOLLOWING: · THAT THE CITY OBTAIN A LIMITED USE PERMIT FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ALLOW THE AMERICAN LEGION THE OPPORTUNITY TO CONSTRUCT A VETERAN'S MEMORIAL WITHIN MNDOT RIGHT- OF-WAY. e · TO DIRECT STAFF TO WORK WITH THE AMERICAN LEGION AND MNDOT TO COMPLETE PLANS AND NECESSARY AGREEMENTS FOR THE CONSTRUCTION OF A MEMORIAL. · THAT A PUBLIC HEARING IS NOT NECESSARY; HOWEVER, RESIDENTS ALONG 5TH STREET SHOULD BE NOTIFIED BY THE CITY TO INFORM THEM OF THIS PROJECT. COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Consider Resolution AOQrovina Bids for the Reconstruction of 221 st A venue Terry Maurer. City Engineer indicated that the bids have been tabulated for the realignment and reconstruction of 221 st A venue and wetland mitigation in the northern part of the City. He stated that out of four bids S.J. Louis Construction was the lowest at $144,077.60. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-106 AWARDING THE BID FOR THE 221ST AVENUE REALIGNMENT AND RECONSTRUCTION AND WETLAND MITIGATION TO S.J. LOUIS CONSTRUCTION AT $144,077.60. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12A. Gary Street Water Tower construction Bids Terry Maurer informed the Council that the Utilities Commission approved the bid from Pitt-Des Moines, Inc., for the 1,000,000 gallon water tower project located at Gary Street. . City Council Minutes October 17, 1994 Page 6 e 5.12B. Concord Street Private Road Project City Engineer Terry Maurer indicated that he has met with the property owners on Concord Street regarding the upgrade of Concord Street. He indicated that it does not seem that there is unanimous support of the property owners for the project. Terry Maurer indicated that the City has received 6 of the 14 easements. Bob Nelson, resident of Concord Street. indicated that the road is in very bad shape and that something must be done. The Council discussed other options that included condemnation and assessing the project. It was concluded that the project would be difficult to assess because of the length of the road and the limited number of property owners on the road. Mayor Duitsman indicated that the City would like to work with the residents on this matter and suggested that a meeting be held with the City Council and the Residents to discuss options. 5.12C. Verbal Update 1994 Rip Rap Project e Phil Hals, Street Superintendent. informed the Council that he has made an inspection of the riverbank in regard to the rip rap project. He stated that there was no visual erosion west of the proposed project area to Dare I s Funeral Home. He further indicated that the current grant funds should allow the rip rap to reach half way to King A venue. 5.120. Verbal Update 193rd Avenue Sidewalk Project Street Superintendent Phil Hals showed a video of the location for the proposed sidewalk. Brent Christensen, resident along 193rd Avenue, questioned what type of warranty the City could place on some of his trees that could eventually die from the project. Phil Hals responded that he was unsure if there could be any guarantee from the City. Mr. Christensen indicated he was opposed to the sidewalk. Mr. Christensen mentioned a 10 foot drop-off and the fact that a sidewalk along this slope could be dangerous. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THAT THE SIX FOOT SIDEWALK ALONG 193RD AVENUE BE INSTALLED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Jim Evenson, a resident along 193rd Avenue, indicated that he had no idea that a sidewalk was going to be installed. He stated that he is opposed to the sidewalk. He stated that a majority of the pedestrian traffic will be on the opposite side of the sidewalk. 5.12E. Parkina Restrictions in Lion's Park e City Administrator Pat Klaers informed the Council that the high school parking lot will be expanded. In accordance to this expansion, school officials have requested the City to begin enforcing parking restrictions in Lion I sPark. City Council Minutes October 17, 1994 Page 7 e 5.12F . Verbal Update on Jackson Avenue Improvement Proiect and on T emporarv Elk Hills Drive Turn Lane at Hiahwav 169 City Engineer Terry Maurer updated the Council on the progress of the Jackson Avenue Improvement Project and the Elk Hills Drive Turn Lane at Highway 169. Mayor Duitsman questioned the concrete island at the location of Holt Street and Jackson Avenue. He indicated that residents are now unable to turn left (east) on Jackson A venue to Highway 169 . Terry Maurer indicated that this design was included in the plans. Mayor Duitsman indicated that the design causes a hardship and suggested that the City Engineer study the area. The Council recessed at 7:50 p.m. and reconvened at 8:00 p.m. 6. Open Mike No one appeared for this item. 7.1. Consider a Conditional Use Permit Request bv John Plaisted, Public Hearing. Case No. CU 94-32 e Steve Rohlf, Building and Zoning Acif;ninistrator. indicated that Plaisted Companies is requesting a conditional use permit for mineral excavation and processing on a 272 acre site. Steve Rohlf indicated that the issues relating to this request are addressed in his memo to the Mayor and City Council dated October 7, 1994. Mayor Duitsman opened the public hearing. John Plaisted indicated that he concurred with all requests made by staff with exception to the requirement that a $5,000 letter of credit be provided. He indicated that the land is worth more than $5,000. He suggested that the City consider allowing a $5,000 property lien in place of the letter of credit. The Council discussed the necessity for the letter of credit. City Attorney Peter Beck indicated that the intent of the letter of credit is to add an incentive to do reclamation on a yearly basis. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO WORK WITH MR. PLAISTED AND THE OTHER GRAVEL MINERS TO COME UP WITH A MORE EFFICIENT, WAY TO ASSURE THAT RECLAMATION IS DONE ON A YEARLY BASIS OTHER THAN REQUIRING A LETTER OF CREDIT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PLAISTED COMPANIES TO ALLOW MINERAL EXCAVATION AND PROCESSING ON A 272 ACRE SITE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes October 17, 1994 Page 8 e 7.2. Consider an Administrative Subdivision Request by Jake Jacobson, Public HearinQ, Case No. AS 94-17 City Planner Steve Ach indicated that Jake Jacobson has requested an administrative subdivision to divide a 10 acre parcel into a 4.7 acre parcel, a 2.8 acre parcel and a 2.5 acre parcel. The property is located on Lot 4, Block 4, Oak Meadows Addition. Steve Ach indicated that although this subdivision is within the subdivision moratorium zone, the applicant has recently gone through an ordinance amendment exempting this property from the subdivision moratorium. Mayor Duitsman opened the public hearing. Mike Miller questioned how the sale of Mr. Jacobson's property would affect his property value. Council member Holmgren indicated that the sale should have very little, if any, effect on his property. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JAKE JACOBSON TO DIVIDE A 10 ACRE PARCEL INTO ONE 4.8 ACRE PARCEL - PARCEL A, A 2.8 ACRE PARCEL - PARCEL B, AND A 2.5 ACRE PARCEL - PARCEL C, WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION IN THE AMOUNT OF $900 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. e 2. STORM WATER IMPACT FEE IN THE AMOUNT OF $120 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 3. A TREE PRESERVATION PLAN BE SUBMITTED FOR PARCEL B IF A HOME IS CONSTRUCTED WITHIN THE WOODED AREA. 4. THE LOCATION OF A DRIVEWAY FOR PARCEL B MUST BE LOCATED ON AN UPLAND AREA AWAY FROM THE WETlAND. 5. A CULVERT BE REQUIRED UNDER THE DRIVEWAY FOR PARCEL B AND PARCEL C TO KEEP THE EXISTING DRAINAGE PATTERNS FUNCTIONING PROPERLY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider an Easement Vacation Request by Riverside Development. Public HearinQ, Case No. EV 94-2 Request to vacate a 30 foot drainage and utility easement along the southeast property line of Oak park Plaza. Staff recommends approval of vacating a portion of the 3D' easement. 7.4. Consider an Easement Vacation Request by Riverside Development. Public HearinQ, Case No. EV 94-4 e Request to vacate a drainage and utility easement on a portion of Outlot A, Cherryhill Bluffs Addition. Staff recommends denial because the easement City Council Minutes October 17, 1994 Page 9 e presently protects a ridge line from development activity, and, the easement is needed for storm water ponding, storm sewer improvements and mitigation area. 7.5. Consider a land Use Amendment Reauest by Riverside Development, Public HearinQ, Case No. lUA 94-7 Request for a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business) for a strip of property approximately one hundred feet in width along the southeast border of Oak Parc Plaza. The Planning Commission and Staff recommend approval of the request. 7.6. Consider a Zone Chance Request by Riverside DeveloDment, Public hearina, Case No. 94-11 Request for a zone change from R1c (Single Family Residential) and PUD (Planned Unit Development) to C3 (Highway Commercial) for a strip of property approximately one hundred feet in width along the southeast border of Oak Parc Plaza. Planning Commission and Staff recommend approval of the request. 7.7. Consider Preliminary Plat Request by Riverside DeveloDment, Public Hearina, Case No. P 94-11 e Request for a preliminary plat to plat approximately seventeen (17) acres into one commercial lot and two outlots. Planning Commission and Staff recommend approval of the request. ================ Council discussion and action on Items 7.3 - 7.7============= City Planner Steve Ach presented the staff reports on each of the above items 7.3 - 7.7. Mayor Duitsman opened the public hearings for items 7.3. through 7.7. Jeff Gongoll representing Riverside Development reviewed aerial photos of the site. He indicated that it is the developer's intention to make the area environmentally pleasing and to follow the business park zoning guidelines. Mr. Gongoll spoke specifically to the developer's request to vacate the drainage and utility easement on Outlot A of Cherryhill Bluff's Addition. He stated that delaying the vacation of the easements would be burdensome as far as developing legal descriptions. Planning Commission Representative Dan Tveite indicated that the Planning Commission recommended that the easements not be vacated at this time because the ridge line creates a natural barrier between the commercial and residential property. There being no further comments from the public, Mayor Duitsman closed the public hearing. e City Council Minutes October 17, 1994 Page 10 e 7.3. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-107, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST TO VACATE THE DRAINAGE AND UTILITY EASEMENT ON OUTLOT A, CHERRYHILL BLUFFS ADDITION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-108, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LUA 94-7. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-15, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM R1 C (SINGLE FAMILY RESIDENTIAL) AND PUD (PLANNED UNIT DEVELOPMENT) TO C3 (HIGHWAY COMMERCIAL) ZC 94-11. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY RIVERSIDE DEVELOPMENT TO SUBDIVIDE 17 ACRES INTO ONE COMMERCIAL LOT AND TWO OUTLOTS WITH THE CONDITIONS AS SET FORTH IN THE STAFF REPORT, WITH THE FOLLOWING RECOMMENDATIONS: e 1. THE PLANNING COMMISSION AND CITY COUNCIL APPROVE THE LAND USE PLAN AMENDMENT AND REZONING REQUEST ADJUSTING THE COMMERCIAL BOUNDARY IN A SOUTHEASTERLY DIRECTION TO COINCIDE WITH THE PROPOSED PLAT. 2. OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE COUNTY, WITH THE CITY HOLDING THE DEED UNTIL THE MITIGATION IS COMPLETED. 3. PA YMENT OF PARK DEDICATION IN THE AMOUNT AS REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL. 4. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B, UNLESS DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE CROSSING SOUTH. 5. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. 6. THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND REDUCE THE DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN WIDTH. 7. AT THE TIME OF REPLATTlNG OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE LOCATION OF OFFICE BUILDINGS SHALL BE SUBMITTED AND USED TO DETERMINE THE APPROPRIATE AREA OF THE NATURAL BUFFER TO BE PROTECTED. A CONSERVATION EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE APPLIED TO ASSURE PROTECTION OF THIS AREA. e City Council Minutes October 17, 1994 Page 11 e 8. A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND EXECUTED PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE PLATTED AREA. 9. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 22, 1994, BE INCORPORATED INTO THE FINAL PLAT. 10. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES FOR THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE SITE. 11. APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS DRIVE TO LOT 1, BLOCK 1. 12. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE PREPARED, THIS DOCUMENT SHALL BE SIGNED AND RECORDED ALONG WITH THE PLAT 13. STORM DRAINAGE FEE IN THE AMOUNT OF $720 PER ACRE BE PAID PRIOR TO RECORDING THE FINAL PLAT. 14. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO RECORDING THE FINAL PLAT. e 15. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO CITY SEWER AND WATER, THE APPLICANT OBTAIN A PERMIT FROM MPCA. 16. THE DRAINAGE AND UTILITY EASEMENTS ALONG THE RIDGE LINE BE MAINTAINED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Consider a Rezonina Reauest by the City of Elk River, Public Hearina, Case No. ZC 94-10 City Planner Steve Ach indicated that the City is requesting to rezone approximately 150 acres from PUD (Planned Unit Development) and C2 (Office District) to BP (Business Park). He explained that on September 19, the City Council continued discussion of this item to allow Country Ridge Partnership an opportunity to submit a plan to the City illustrating how they would like their property developed. He indicated that their property is included in the City's proposed rezoning to BP. Mr. Achindicated that Country Ridge Partnership has submitted a plan showing their preference in zoning the property with 13 acres along Highway 10 zoned as C-3 (Highway Commercial) and the remaining 15 acres zoned as Business Park. Steve Ach indicated that following review of the plan, staff is recommending that the entire area be rezoned to business park. . Mayor Duitsman opened the public hearing. e Jay Johnson of Country Ridge Partnership, indicated that Country Ridge Partnership prefers that a portion of their property be zoned C-3. He indicated City Council Minutes October 17, 1994 Page 12 e that C-3 zoning allows more flexibility in uses than BP zoning. He explained that many uses such as retail shops and convenience stores are allowed only by conditional use permits in a BP zone. He also explained that the minimum lot size in a C-3 zone is one-half acre less than in a BP zone. He requested the Council to act on the BP zone change as proposed by Country Ridge Partnership or to table the issue until the proposal is reviewed by the Planning Commission. There being no further comments. Mayor Duitsman closed the public hearing. Councilmember Dietz indicated that the design proposed by Country Ridge Partnership allows no access to the Business Park zone off of the Highway 10 frontage road. Councilmember Dietz indicated that allowing Country Ridge Partnership to zone part of the proposed BP land to another zoning could set a precedent. He indicated that other land owners may have the same request and the City could eventually lose most of its BP land. Councilmember Scheel indicated she saw no difference between this request by Country Ridge Partnership to rezone its property and the rezoning request made by Riverside Development that the Council reviewed earlier. She indicated that because the property was owned by Country Ridge Partnership. they should be able to use it as they felt appropriate. - Discussion was held by the Council regarding the fact that if the Council rezones the entire parcel to BP. the option to rezone a portion of the property to commercial at a later date would still be open. City Planner Steve Ach indicated that another option rather than rezoning property to C-3 may be to review the BP standards and consider appropriate amendments to allow the necessary flexibility. Mayor Duitsman indicated that he had no problem with trying to change the business park concept or the uses allowed in the zone. Council member Holmgren indicated that it was the opinion of a professional planner that there should be some commercial in the western area of the City. He indicated that he feels the purpose of the Business Park zone is to prevent large mall-type developments. Steve Ach indicated that staff would consider looking at possible modifications to the text of the Business park Zone to allow for the flexibility of commercial uses. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-16, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) AND C2 (OFFICE DISTRICT) TO BP (BUSINESS PARK) - CASE NO. ZC 94-10. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHEEL ABSTAINED. 7.10. Consider Applications as a follow up to rezoninq to business park e COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO INITIATE THE FOLLOWING APPLICATIONS AS OUTLINED IN THE 10/17/94 MEMO FROM THE CITY PLANNER: City Council Minutes October 17, 1994 Page 13 e 1. AMEND THE LAND USE PLAN FROM HB (HIGHWAY BUSINESS TO LI (LIGHT INDUSTRIAL) TO BE CONSISTENT WITH THE BP (BUSINESS PARK) ZONING DESIGNATION. 2. AMEND THE LAND USE PLAN FROM LI (LIGHT INDUSTRIAL) TO MR (MEDIUM DENSITY RESIDENTIAL) TO BE CONSISTENT WITH THE ZONING MAP. 3. AMEND THE LAND USE PLAN DESIGNATION FROM P (PUBLIC) TO LI (LIGHT INDUSTRIAL) TO BE CONSISTENT WITH THE BP (BUSINESS PARK) ZONING DESIGNATION. 4. AMEND THE LAND USE PLAN MAP TO A MR (MEDIUM DENSITY RESIDENTIAL) LAND USE DESIGNATION TO BE CONSISTENT WITH THE BP (BUSINESS PARK) ZONING DESIGNATION AND COUNTRY RIDGE PARTNERSHIP'S PROPOSAL FOR TOWNHOMES. 5. REZONE AREA FROM PUD (PLANNED UNIT DEVELOPMENT) TO R1 C (SINGLE FAMILY RESIDENTIAL) TO BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.11. Consider an Ordinance Amendment to Amend Various Sections of the Floodplain Ordinance Section 902, Public Hearinq, Case No. OA 94-6 City Planner Steve Ach stated that it has recently been determined by the Minnesota Department of Natural Resources that the City's Floodplain ordinance is out of compliance with the State floodplain standards. The proposed ordinance amendments will bring the City's ordinance into compliance with State standards. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-17, AN ORDINANCE AMENDING SECTIONS 902.02, 902.04, 902.06, AND 902.08 OF THE CITY'S FLOODPLAIN ORDINANCE - CASE NO. OA 94-06. COUNCILMEMBER FARBER SECONDED THE MOTION. . THE MOTION CARRIED 5-0. 5.13. Review City council Meetinq Schedule for October-December COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON OCTOBER 31, 1994, AT 8:00 P.M. TO DISCUSS THE CONCORD STREET PROJECT WITH THE NEIGHBORING RESIDENTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e It was the consensus of the City Council to hold a joint meeting with the Utilities Commission following the Board of Canvass meeting on November 10, 1994, at 5:30 p.m. City Council Minutes October 17, 1994 Page 14 e 5.14. Update on Citv board and Commission Terms Expirina on 12/31/94 The City Clerk informed the Council that staff is intending on following the recently adopted "Board and Commission Policy" and advertise for all board and commission terms that will be expiring on 12/31/94. 5.15. Review Administrative Subdivision approval for Timothv Scheel/Case No. AS 94-09 COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ITEM TO THE NOVEMBER 7, 1994, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business Otseao Huntina Resolution The City Administrator indicated that the Police Chief has received several complaints regarding hunting on the Mississippi River near the downtown area. He stated that Elk River Ordinance prohibits hunting on the Mississippi River but it is allowed in the City Otsego. He stated that that because the hunting is taking place on the Otsego side of the river. Elk River has no recourse. e The City Administrator indicated that the Police Chief has spoken with the Mayor of Otsego regarding this situation. He further stated that the Police Chief is requesting the City Council to adopt a resolution requesting Otsego to adopt an ordinance banning the discharge of dangerous weapons on the Mississippi River in certain locations. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-109, A RESOLUTION REQUESTING THE OTSEGO CITY COUNCIL TO CONSIDER ADOPTING AN ORDINANCE TO REGULATE HUNTING ON CERTAIN AREAS OF THE MISSISSIPPI RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Staff Updates There were no staff updates. 11 . Adjournment 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 City Council adjourned at 9:45 p.m. e LS;~ ~andra A. Thackeray ~. City Clerk