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05-17-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 17, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Farber, Scheel, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Stephen Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney Also Present: Dan Tveite, Planning commission Representative Matt Ledvina, Environmental Consultant 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Duitsman. 2. Consider 5/17/93 City Council Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 5/17/93 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider City Council Minutes 3.1. 5/10/93 Special City Council Minutes 3.2. 5/10/93 Regular City Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 5/10/93 SPECIAL CITY COUNCIL MINUTES AND THE 5/10/93 REGULAR CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3 5/10/93 Executive Session Minutes Councilmember Dietz indicated that he voted in favor of the Union Contract and requested that this be reflected in the minutes. COUNCILMEMBER FARBER MOVED TO COUNCIL MINUTES AS AMENDED. MOTION. THE MOTION CARRIED 5-0. APPROVE THE 5/10/93 EXECUTIVE SESSION COUNCILMEMBER HOLMGREN SECONDED THE 4. Open Mike No one appeared for this item. . . . City Council Minutes May 17, 1993 Page 2 5.1. Consider Agreement for the Lease of City-owned Home at 20127 Elk Lake Road Pat Klaers stated located at 20127 Elk effective May 31. Rodney J. Johnson to that the Lake Road He stated lease the current tenant of the city-owned property has given notice to terminate his lease that the City has received a request from property until May 31, 1994. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE HOUSE LEASE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND RODNEY J. JOHNSON FOR A ONE YEAR PERIOD ENDING MAY 31, 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Transient Merchant License The City Clerk indicated that Mr. Dennis Bolles has made application for a peddler license to sell ice cream novelties from a van in the City of Elk River limits. It was noted that there has been a van selling Blue Bell Ice Cream in the City of Elk River. The City Clerk indicated that she would notify Mr. Bolles and inform him that if it was his van, he is not to sell prior to receiving his license. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A PEDDLERS LICENSE FOR MR. DENNIS BOLLES TO SELL ICE CREAM NOVELTIES IN THE CITY OF ELK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Park and Recreation Recommendations The City Administrator stated that the Park and Recreation Commission had several recommendations to be reviewed by the City Council. He stated that the Commission wishes to change its monthly meeting date to the second Wednesday of each month so that they will be able to review development proposals prior to Planning Commission review. He indicated that the Park and Recreation Commission requested Council approval to have staff spend time with the Commission to work towards a more detailed trail and park plan. He indicated that the Commission restated its opinion that parks and trails should be provided in the Moldenhauer and Barnier plats. He indicated that the Commission is requesting Council to approve the offering of a reward that would lead to the arrest and conviction of the responsible parties for cutting the trees on MnDOT property along the shopping center area west of Highway 169. He further indicated that the Commission requested park fees from the North Meadows preliminary plat. Councilmember Dietz requested that a Park and Recreation Commissioner be present during Council preliminary plat review. It was the consensus of the Council to move the Park and Recreation Commission meeting dates to the second Wednesday of each month as they felt it was a good idea to have the plats reviewed by the Park and Recreation Commission. The Council agreed to have staff spend some time in helping to update the Master Park Plan. . . . City Council Minutes May 17, 1993 Page 3 COUNCILMEMBER FARBER MOVED TO APPROVE THE OFFERING OF A REWARD OF $500 FOR THE ARREST AND CONVICTION OF THE RESPONSIBLE PARTIES FOR CUTTING THE TREES ON MNDOT PROPERTY ALONG THE SHOPPING CENTER AREA WEST OF HIGHWAY 169. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Call 5/25/93 City Council Meeting COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL TO BE HELD ON MAY 25, 1993, 6:00 P.M., SO THAT PLANNING COMMISSION INTERVIEWS CAN BE HELD AND A JOINT MEETING WITH THE PARK AND RECREATION COMMISSION CAN TAKE PLACE FOLLOWING THE INTERVIEWS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Fresno Street and Storm Drainage/Public Hearing Terry Maurer, City Engineer, indicated that the Fresno Street public hearing deals with the proposed assessment of street and storm drainage improvements to properties abutting Fresno Street. He stated that the actual improvements proposed to be constructed include sanitary sewer, water main, storm drainage and street. He stated there are no proposed assessments for the sanitary sewer or water main at this time, however, if a property owner decides to hook up to the utilities, an assessment would be levied against the property at that time. Terry Maurer explained the proposed assessment rates of $8.00 per front foot for storm sewer and $22.00 per front foot for streets. Mayor Duitsman opened the public hearing. Tom Patterson, 13153 182nd Avenue, stated Street and questioned whether his lot would be sewer. Terry Maurer indicated it would homeowner. that his lot abuts Fresno stubbed in for water and be up to the individual Paul Bell, 18228 Fresno Street, questioned whether the City would be paying assessments for the lot it owns. Terry Maurer indicated the City would pay the assessments. Mr. Bell also questioned if the City would consider not starting the project until the bridge is opened. He indicated that the people in his neighborhood have put up with the building of the City Hall and softball at night, and felt that consideration should be given to people in this neighborhood. Terry Newstrom, 18141 Fresno Street NW, questioned what the cost would be to hook up to sanitary sewer. Terry Maurer explained the costs involved to hook up to sanitary sewer and water. Terry Newstrom indicated that she lives on the corner of Mississippi Road and Fresno Street and questioned whether she would be assessed again when the utilities go down Mississippi Road. Terry Maurer indicated that she would not be double assessed. Mel Beaudry, 10023 Manor Place, questioned whether owners who sell their homes in the future would be forced to hook up to City sewer and water. Terry Maurer indicated that new home buyers would not be forced . . . City Council Minutes May 17, 1993 Page 4 to hook up to utilities as this public hearing is for street and storm sewer only. Craig Weber, 18259 Fresno street, questioned when the plans were started for the project. He indicated he has just recently purchased his house and was not informed of these improvements at the time of purchase. Terry Maurer explained that the feasibility study for the project was done in early 1993. Gwen smith, 18290 Fresno street, questioned when residents would be required to hook up to water and sewer. Terry Maurer explained that there is no definite answer as to when sewer and water will go in the surrounding areas. He informed Ms. smith that the Council has never forced sewer and water on a neighborhood just for the sake of putting the utilities in. However, if problems arise with septic systems in the area, or streets need to be rebuilt, these would be reasons for bringing utilities to the surrounding areas. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Dietz stated that the City should work with the contractors and residents of the area and trying to coordinate the project so that it does not start until the bridge is complete. Terry Maurer indicated that several factors are involved including the fact that the actual bridge completion date is July 1, and that the City has made an agreement with Sherburne County that it will have the construction work completed by July 1, so that everything is finished prior to the County Fair. Terry Maurer indicated that the City should contact the County and see if they can get an extension on the July 1, date, and also stated that it is anticipated that the bridge will be open prior to July 1. COUNCILMEMBER DIETZ MOVED TO NEGOTIATE WITH SHERBURNE COUNTY FOR AN EXTENSION OF THE TIME PERIOD TO RESTORE THE RIGHT-OF-WAY TO ORONO PARKWAY AND THAT CONSTRUCTION WITH THE FRESNO STREET PROJECT NOT BEGIN UNTIL THE MAIN STREET BRIDGE IS OPEN. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-20, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE FRESNO STREET AND STORM DRAINAGE IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Consider Bids for Heritage Landing Terry Maurer indicated that thirteen bids were received for the Heritage Landing Addition improvements and recommended that the Council consider awarding the bid to the lowest bidder which was LaTour Construction. . . . City Council Minutes May 17, 1993 Page 5 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-21, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE HERITAGE LANDING AND FRESNO STREET IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consider Ordering Plans and Specifications for School Street/Jackson Avenue Intersection Terry Maurer indicated that the use of turnback funds for the Jackson Avenue/School Street intersection have been approved. He stated that turnback funds would cover Jackson Avenue improvements and 50% of the signalization costs and municipal state aid money would be used for the School Street portion of the project. He indicated that after receiving this information it was apparent that the City would be ready to move ahead with this project. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-22, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE SCHOOL STREET/JACKSON AVENUE INTERSECTION IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Accept Feasibility Study and Order Plans and Specifications for CherryHill Bluffs 2nd Addition Terry Maurer reviewed the feasibility study for CherryHill Bluffs 2nd Addition. He requested the Council to formally authorize the feasibility study by resolution as this was not done previously. Terry Maurer also indicated that the final plat is not ready at this time because of issues regarding land ownership. He stated that a strip of land, 66' wide, is owned by MnDOT. He further indicated that the City has requested release of this property so that it can be contained within the plat of CherryHill Bluffs 2nd Addition, however MnDOT has not responded as to the timing of the release of this property. Terry Maurer suggested that it may be necessary to plat the 2nd Addition with the elimination of the MnDOT property. COUNCILMEMBER DIETZ MOVED TO DECLARING THE ADEQUACY OF THE PRELIMINARY FEASIBILITY REPORT 2ND ADDITION IMPROVEMENT OF THE MOTION. THE MOTION CARRIED ADOPT RESOLUTION 93-23, A RESOLUTION PETITION FOR IMPROVEMENT AND ORDERING THE IN THE MATTER OF THE CHERRYHILL BLUFFS 1993. COUNCILMEMBER HOLMGREN SECONDED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-24, A RESOLUTION RECEIVING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Correction to Gospodor's Orono Lake Addition No. 1 by the City of Elk River Terry Maurer indicated that an error was found Gospodor's Orono Lake Addition No.1 and stated that Correction must be approved by the City Council. on the plat a Certificate of of . . . City Council Minutes May 17, 1993 Page 6 COUNCILMEMBER DIETZ FOR GOSPODOR'S ORONO SECONDED THE MOTION. MOVED TO AUTHORIZE THE CERTIFICATE OF CORRECTION LAKE ADDITION NO.1. COUNCILMEMBER HOLMGREN THE MOTION CARRIED 5-0. 6.6. TH 169/101 and TH 10 Interchange Project Update Terry Maurer indicated that the City of Elk River has been in contact with MnDOT regarding adding utilities to MnDOT's Highway 101 project at the intersection of Highways 169, 101, and 10. The City Engineer informed the Council that MnDOT must receive the City plans by September of 1993. Mayor Duitsman indicated that he would be requesting a meeting of the property owners on East Highway 10 some time in June. 7.1. Consider a Conditional Use Permit and License Renewal by Conteck Environmental Services/Public Hearing (Case No. CU-93-05) Steve Rohlf, Building and Zoning Administrator, indicated that Conteck Environmental Services is requesting renewal of their conditional use permit and license for their facility which treats petroleum, hydrocarbon contaminated soil. Mr. Matt Ledvina, City Environmental Consultant, indicated that Mr. Kreger was requesting to use a different contractor and equipment than originally approved. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval of the amended conditional use permit contingent upon proof of insurance and the City being provided a current legal description. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR CONTECK ENVIRONMENTAL SERVICES WITH THE FOLLOWING STIPULATIONS: 1. PROOF OF INSURANCE BE PROVIDED TO THE CITY. 2. THE CITY BE PROVIDED WITH A CURRENT LEGAL DESCRIPTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SOLID LICENSE AGREEMENT FOR CONTECK ENVIRONMENTAL SERVICES. FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. WASTE FACILITY COUNCILMEMBER 7.2. Consider Easement Vacation for a Portion of UPA Drive by the City of Elk River/Public Hearing (Case No. EV-93-02) Steve Rohlf indicated that the City of Elk River is requesting to vacate a portion of UPA Drive adjacent to the old City Hall site at the intersection of Highway 10 and Main Street. He stated that the reason for easement vacation is to allow the sale of the property to United Power Association. . . . City Council Minutes May 17, 1993 7.3. 7.4. Page 7 Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. steve Rohlf indicated that a plat will be Council at its June meeting and recommended the issue until that meeting. considered by the City Council postpone this COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL THE JUNE 7, 1993, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit Request Footage of an Accessory Building, Kris Stevens/Public Hearing (Case to Exceed the Maximum Size and Square and Encroach on the Setback by Ed and No. V-93-03) Steve Rohlf, Building and Zoning Administrator, indicated that Ed and Kris Stevens, 21216 Vernon Street, are proposing to build a nonagricultural accessory structure 1,620 square feet in size. He stated that a conditional use permit is necessary because the structure exceeds the 1,000 square foot maximum size of a single accessory structure and also because the size of the structure will exceed the maximum total square footage of accessory structures on a single lot, and further, that the placement of the building would create an encroachment on the 300' setback to metal skinned buildings. Dan Tveite, Planning Commission Representative, stated that a compromise has been reached with the Stevens to allow the single structure to be 1,400 square feet in size. He stated that the Stevens have also compromised the encroachment distance to 175 feet from neighboring residences. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE REQUESTED BY ED AND KRIS STEVENS OF 21216 VERNON STREET WITH THE FOLLOWING STIPULATIONS: 1. THE ACCESSORY STRUCTURE BE NO CLOSER THAN 175' FROM NEIGHBORING RESIDENCES. 2. THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY STRUCTURE NOT EXCEED 1,400 SQUARE FEET. 3. THE STRUCTURE BE INSULATED FOR SOUND DEADENING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider an Administrative Subdivision and Variance for Line (Duplex) by Mayor and Weicht Investment, Inc./Public No. AS-93-03 and V-93-03) a Zero Lot Hearing (Case Steve Rohlf indicated that Moyer and Weicht requested an administrative subdivision to Investment, Inc., have divide a lot with an . . . City Council Minutes May 17, 1993 Page 8 existing duplex, into two lots with a zero lot line. He stated that the applicants are also requesting variances on lot width and size for both lots they are proposing to create. steve Rohlf indicated that the duplex was built in 1984 under the zoning standards in effect at that time. He indicated that the applicants are requesting a variance because the standards have changed since 1984. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval of the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR A ZERO LOT LINE REQUESTED BY MOYER AND WEICHT INVESTMENT, INC., CONTINGENT ON BUILDING CODE FOR A ZERO LOT LINE BEING MET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER AND SIZE FOR LOT LINE BEING MOTION CARRIED HOLMGREN MOVED TO APPROVE THE VARIANCE ON THE LOT WIDTH BOTH LOTS CREATED CONTINGENT ON BUILDING CODE FOR A ZERO MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE 5-0. 7.5. Consider Preliminary and Final Plat Request (Bruce Addition) by Chris Bulow/Public Hearing (Case No. P-93-06) Steve Rohlf indicated that Chris and Linda Bulow are requesting a preliminary plat review of a residential development consisting of six duplexes and two single family lots. He stated that the area is zoned PUD and all dwellings proposed would be served by City sewer and water. He indicated that originally, the plat was part of Block 5 of the original plat of Barrington Place PUD. Steve Rohlf indicated that staff feels that a conditional use permit for the Bruce Addition is not required because the original PUD agreement will not be altered. Steve Rohlf reviewed the issues relating to the preliminary plat. Steve Rohlf indicated that the single family lots are proposed to average 9,000 square feet each. The City'S minimum lot size is 10,000 square feet. He indicated that the proposed duplex lots will average 5,270 square feet per duplex lot. He indicated that the City requirement is 6,000 square feet. Steve Rohlf also indicated that the lot size of the duplexes as proposed by the Bruce Company is less intense than the original proposed lot size for Replat #5. Dan Tveite indicated that the Planning Commission recommended approval of the preliminary plat with thirteen conditions. He indicated that the Commission felt that the lot sizes being proposed are sufficient with the area. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz questioned why the City should not request the plat to conform to current lot sizes. Dan Tveite stated that the Planning . . . City Council Minutes May 17, 1993 Page 9 Commission felt that the lot sizes were consistent with the area and further that flexibility is allowed through the PUD. Councilmember Holmgren stated his concern regarding the entrance to the plat. He indicated the plat does not access onto a public street. He stated that the plat is accessed through a private drive and further indicated that he was concerned about emergency vehicles accessing and exiting the plat. Chris Bulow indicated that when replatting they were dealing with an existing plat. He stated that through the replat they have made more green space and indicated that the private drive already exists and felt that they have the best layout for the proposed plat. He further indicated that it was an improvement to the existing plat. Councilmember Holmgren suggested using 8th street as an access to the plat as it already exists. Councilmember Scheel voiced her concern regarding the fact that the plat is lacking two entrances as is required by City Code. Discussion was held regarding the use of 8th Street as an access to the plat. Chris Bulow felt that the extension of 8th Street would create more traffic into the plat. Following this discussion it was the consensus of the Council that no change to the roads would be made to the plat. Chris Bulow questioned whether he could pay the $300 WAC fee at the time of hook up to the water. The City Council informed him that he must receive approval from Elk River Utilities. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF BRUCE ADDITION CONSISTING OF SIX DUPLEX LOTS AND TWO SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: 1. THE CITY ENGINEER DESIGNS THE SEWER AND WATER EXTENSIONS. FURTHER, THAT THE CITY ENGINEER APPROVE THE DRAINAGE AND GRADING PLANS PRIOR TO RECORDING THE. PLAT. LASTLY, THAT THE CITY ENGINEER INSPECTS THE SEWER, WATER, GRADING, AND DRAINAGE IMPROVEMENTS. 2. THE COST OF SEWER, WATER, GRADING, DRAINAGE, AND DRIVES, AS ESTIMATED BY THE CITY ENGINEER, BE SECURED BY A 100% LETTER OF CREDIT IN FAVOR OF THE CITY TO ENSURE COMPLETION OF THESE IMPROVEMENTS PRIOR TO RECORDING THE PLAT. 3. A 25% WARRANTY BOND COVERS THE SEWER AND WATER EXTENSIONS FOR A ONE YEAR PERIOD FOLLOWING ACCEPTANCE OF THOSE IMPROVEMENTS BY THE CITY. 4. CITY APPROVAL OF THIS PLAT IS CONTINGENT UPON THE FOLLOWING OTHER APPROVALS: MPCA FOR THE EXTENSION OF SEWER, CITY RESPONSIBILITY AND DEPARTMENT OF HEALTH FOR THE EXTENSION OF WATER, CITY RESPONSIBILITY. . . . City Council Minutes May 17, 1993 Page 10 5. THE SETBACKS IN THE PLAT ARE 30' FRONT, FOR THE SINGLE FAMILY LOTS; AND 5 FOOT STRUCTURES ON THE SINGLE FAMILY LOTS. LOTS ARE 5 FOOT ALL SIDES, EXCEPT FOR BE A ZERO LOT LINE. 10' SIDE, AND 10' REAR, SIDE AND REAR FOR ACCESSORY SETBACKS FOR THE DUPLEX THE COMMON WALL WHICH WOULD 6. PUBLICLY OWNED UTILITIES ARE PROTECTED BY EASEMENTS AND ACCOMMODATIONS ARE MADE IN THE ASSOCIATION AGREEMENT FOR THE EXTENSION OF UTILITY SERVICES THROUGH THE COMMON LOT TO THE INDIVIDUAL LOTS WITHIN THE PLAT. 7. NO PARK DEDICATION FEES BE CHARGED. 8. SEWER, WATER, GRADING, DRAINAGE, AND DRIVES COMPLETION DATE AND MUST BE ACCOMPLISHED PRIOR TO ISSUANCE. HAVE A ONE YEAR BUILDING PERMIT 9. THE ENTIRE SITE BE CONSTRUCTION SEASON AS SUFFICIENT. SEEDED FOR EROSION THE GRADING, AND CONTROL MAINTAINED IN THE UNTIL SAME SELF 10. THE LOT SIZES AS PROPOSED IN THE PLAT ARE DEEMED ACCEPTABLE. 11. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COST FOR REVIEWING THE PLAT. 12. THE STIPULATIONS OF APPROVAL ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT. 13. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO RECORDING THE PLAT. 14. A WATER AVAILABILITY CHARGE OF $300 PER LOT BE CHARGED FOR BUILDABLE LOTS, PAYABLE PRIOR TO RECORDING THE PLAT OTHERWISE AGREED TO BY THE ELK RIVER UTILITIES. THE 14 UNLESS 15. AN ASSOCIATION AGREEMENT FOR THE PROJECT IS FOUND ACCEPTABLE TO THE CITY ATTORNEY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Dietz stated his opposition was due to the fact that 8th Street was not extended. 7.6. Consider Final Plat of Hilltop Woods Estates by Dave Gow (Case No. P-93-03) Steve Rohlf stated that David Gow is requesting final plat approval of Hilltop Woods Estates which contains 8 single family lots. Steve Rohlf reviewed the stipulations placed on the preliminary plat. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FINAL PLAT OF HILLTOP WOODS ESTATES WITH THE FOLLOWING STIPULATIONS: 1. STREETS . . . City Council Minutes May 17, 1993 Page 11 A. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE ROAD AND THAT MR. MAURER REVIEWS AND APPROVES THE DESIGN OF THE STREETS AND, PRIOR TO RECORDING THE PLAT, INSPECTS THEM. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE. A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT TO HAVE 205TH AVENUE CONNECT TO MEADOWVALE ROAD. THE CITY ATTORNEY VERIFY THE LEGITIMACY OF THE EASEMENT FROM MRS. COATES TO THE CITY. B. C. D. 2. MR. MAURER'S DESIGN OF THE APPROVED BY CALCULATIONS SIZE. COMMENTS REGARDING DRAINAGE ARE INCORPORATED IN THE STORM SEWER FOR THIS PLAT. THE DESIGN MUST BE MR. MAURER. THE DEVELOPER MUST PROVIDE DRAINAGE TO SHOW THAT THE EASEMENT IN THE PLAT IS ADEQUATE IN 3. THE TREES REMOVED DURING CONSTRUCTION OF ROADS AND HOUSES HAVE THEIR STUMPS REMOVED WITHIN 24 HOURS OR HAVE THEIR ROOTS SEVERED FROM ADJACENT TREES PRIOR TO REMOVAL. ROOT SEVERING MUST BE DONE TO THE DEPTH OF 5 FEET. FURTHER, EXPOSED ROOTS MUST BE BURIED THE SAME DAY AS REMOVAL. THE DRIP LINE OF TREES REMAINING AFTER CONSTRUCTION MUST BE ROPED OFF TO DEFINE AN AREA OF NO ACTIVITY TO PROTECT THE TREES FROM MECHANICAL DAMAGE. 4. PARK DEDICATION IS $2,800 FOR SEVEN NEWLY CREATED LOTS. 5. THAT THE PUBLIC IMPROVEMENTS ARE SECURED BY A 100% LETTER OF CREDIT PRIOR TO RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS CITY POLICY) PLUS A WARRANTY BOND IN THE AMOUNT OF 25% OF THE COST OF THE PUBLIC IMPROVEMENTS IS PROVIDED TO THE CITY FOR A 1 YEAR PERIOD AFTER CITY ACCEPTANCE OF THE PUBLIC IMPROVEMENTS. 6. THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 7. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. 8. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE COST OF REVIEWING THE PLAT. 9. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE FOOT RIGHT-OF-WAY MUST BE SECURED BY TEMPORARY EASEMENTS AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED. LOT 4, OF THE 60 THAT ARE 10. THE COST OF THE FIRST SEAL COATING (AS ESTIMATED BY THE CITY ENGINEER) IS PAID BY THE DEVELOPER PRIOR TO RECORDING FINAL PLAT. 11. THAT THE DRAINAGE AND UTILITY EASEMENTS THAT EXTEND NORTH AND EAST FROM THE RIGHT-OF-WAY IN THE PLAT, ALSO BE DEDICATED THROUGH EASEMENT DOCUMENTS TO THE CITY FOR ROADWAY PURPOSES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . -. city Council Minutes May 17, 1993 Page 12 7.7. Consider Final Plat of Mississippi Moldenhauer (Case No. P-93-05) Oaks (Phase One) by Irv steve Rohlf indicated that Irv Moldenhauer, developer of Mississippi Oaks is requesting final plat approval of the first phase which will contain 37 single family lots. Discussion was held regarding the proposed park for the plat. It was noted that the park is proposed to be included in phase 4 and 5 of the plat of Mississippi Oaks. Councilmember Holmgren indicated he is not comfortable with the park being in phases 4 and 5. He felt the park should be included in the earlier phases of the plat as there will be several lots created and people who would use the park prior to phases 4 and 5. Mayor Duitsman requested that the park issue be referred to the Park and Recreation Commission for review and recommendation. COUNCILMEMBER HOLMGREN MOVED TO APPROVE PHASE I OF MISSISSIPPI OAKS ADDITION WITH THE STIPULATION THAT THE PARK AND RECREATION COMMISSION REVIEW THE LOCATION, SIZE AND TIMING OF THE PARK AND THAT THE PARK BE APPROVED PRIOR TO FINAL PLAT REVIEW OF THE SECOND PHASE AND FURTHER, THAT THE FINAL PLAT OF THE FIRST ADDITION BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1. THAT THERE BE NO CONNECTION OF RIVERVIEW DRIVE TO THE EXISTING RIVERVIEW DRIVE IN PALMER'S ADDITION AT THE PRESENT TIME. 2. THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER, WATER, AND STORM DRAINAGE. 3. PARK DEDICATION A. TRAIL - A 20' WIDE TRAIL MUST BE DEDICATED FROM OF THE TRAIL IN HERITAGE LANDING TO THE EXISTING OF RIVERVIEW DRIVE. THE SOUTH END RIGHT-OF-WAY B. PARK DEDICATION FEES THE 37 LOTS IN THE FIRST PHASE OF MISSISSIPPI OAKS MUST PAY PARK DEDICATION FEE AT A RATE OF $400.00 PER LOT FOR A TOTAL OF $14,400 FOR THE 36 ADDITIONAL LOTS CREATED MINUS CREDIT FOR A PORTION OF TRAIL DEDICATED. 4. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO RECORDING THE PLAT. 5. THAT THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH FOR THE EXTENSION OF WATER; MPCA FOR THE EXTENSION OF SEWER; NPDES FOR GRADING; DNR FOR DEWATERING; AND ARMY CORPS OF ENGINEERS FOR THE SEDIMENTATION POND, IF NECESSARY. 6. THAT 17' OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY ALONG COUNTY ROAD 30. 7. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES TO THE EXCEPTION SHOWN IN THE NORTHWEST CORNER OF THE PLAT. . . . City Council Minutes May 17, 1993 Page 13 8. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. 9. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 10. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 11. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 12. STORM DRAINAGE (PIPING AND THE BOUNDARIES OF MISSISSIPPI OAKS THE DEVELOPER PRIOR TO RECORDING EASEMENTS NEEDED TO ACCOMPLISH SEDIMENTATION POND) OUTSIDE OF THE FIRST ADDITION, ARE PROVIDED BY THE PLAT. 13. THE DEVELOPER PAY THE CITY FOR THE FIRST SEAL COATING OF THE ROAD. IN THE FIRST ADDITION, AS ESTIMATED BY THE CITY ENGINEER; PRIOR TO RECORDING THE PLAT. 14. THE DEVELOPER PAY THE NEW WATER AVAILABILITY CHARGE OF $300 PER LOT FOR THE 37 LOTS CREATED PRIOR TO RECORDING THE PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Accept Feasibility and Order Plans and Specifications for Mississippi Oaks Terry Maurer stated that the feasibility study was initiated by petition from the property owner Irv Moldenhauer. The improvements listed in the feasibility study include sanitary sewer, water service, storm drainage, site grading, and street improvements to Phase I of the Mississippi Oaks development. He stated that the developer has waived his rights to a public hearing for these improvements. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-25, A RESOLUTION RECEIVING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Request for Additional Model Homes in Heritage Landing by Dennis Chuba and Richard Kincanon Steve Rohlf indicated that Dennis Chuba and Richard Kincanon, developers of Heritage Landing, have been authorized to have six model home sites prior to the improvements in the plat being completed. He indicated that since that authorization, the developers have requested an additional four model homes as they will be having ten builders participating in the plat. Terry Maurer, City Engineer, indicated that there is always a potential for conflicts between the home builders and the project contractors. He indicated that he would need cooperation . . . City Council Minutes May 17, 1993 Page 14 between the developers and home builders in an effort to minimize any conflicts. COUNCILMEMBER LANDING PLAT COUNCILMEMBER Councilmember HOLMGREN MOVED TO ALLOW TEN MODEL HOMES IN THE HERITAGE PRIOR TO IMPROVEMENTS IN THE PLAT BEING COMPLETED. SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Dietz abstained. 7.10. Consider a Request for an Ordinance Amendment, Titled "Subdivision Design Standards" (Length the City of Elk River/Public Hearing Section 1008.14 of Dead-end Roads) by steve Rohlf stated that as requested by the City Council, Planning commission and staff have reviewed the section of ordinance pertaining to the length of dead-end roads in the City of Elk River. He indicated that the Planning Commission did not have a clear consensus on the adoption of the ordinance amendment. Dan Tveite, Planning Commission Representative, indicated that the Commission concurred with the necessity of the ordinance amendment, however, a clear consensus was not reached on whether or not language in the ordinance amendment should be included discouraging cul-de-sacs. Councilmember Holmgren requested that this issue be sent back to the Planning Commission for further review which would also give the City's new Planner time to review the issue. Mayor Duitsman indicated that he did not feel it was necessary to postpone a vote on the issue at this time. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 93-6, AN ORDINANCE AMENDING SECTION 1008.14(5)(j) OF THE ELK RIVER CODE OF ORDINANCES REGARDING CUL-DE-SAC STREETS IN SUBDIVISIONS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. Councilmember Dietz opposed. Mayor Duitsman abstained. The City Council recessed at 9:55 p.m. and reconvened at 10:10 p.m. 7.11. Solid Waste Update The Building and Zoning Administrator indicated that there were several issues to update the Council on concerning solid waste. He informed the Council that staff is in the process of organizing a spring clean up day on Saturday, May 22, 1993. He informed the Council that Sherburne County Waste Advisory Board is reviewing the SCORE Grant proposals and a recommendation is anticipated next week. The Building and Zoning Administrator informed the Council that the Tri-County Solid Waste Management Commission has received a request from a st. Cloud hauler to bypass the refuse transfer station in St. Cloud and bring the waste directly to the RDF Plant in Elk River. He indicated that the tipping fees at the transfer station in st. Cloud have increased, making it less expensive for haulers to bring their waste directly to the RDF plant. He stated that this could mean an addition of 50 to 60 smaller typical garbage trucks per day at the RDF plant. . . . City Council Minutes May 17, 1993 Page 15 The Building and Zoning Administrator updated the Council on the compost collection day scheduled for April 24. Councilmember Scheel questioned why the City only has one compost pick up day. She suggested choosing two days, or possibly paying extra money to have the compost picked up curbside. Councilmember Farber had questions regarding collecting hazardous waste during the clean up day. Steve Rohlf informed Councilmember Farber that hazardous waste is collected through Sherburne County. Steve Rohlf indicated Tri-County Solid Waste opposition to allowing station and go directly that Gary Schmitz drafted a letter to the Management Commission indicating the City's the St. Cloud area hauler to bypass the transfer to the RDF Plant. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE GARY SCHMITZ, RECYCLING COORDINATOR, TO SEND THE LETTER ADDRESSED TO THE TRI-COUNTY SOLID WASTE MANAGEMENT COMMISSION REGARDING THE ISSUE OF BYPASSING THE TRANSFER STATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.12. Other Business Elk Park Center Update Steve Rohlf informed the Council that the Planning Commission will be holding a public hearing on the Elk Park Center project Thursday, June 10, at Salk Junior High Commons Area. D.A.R.E. Project Marly Glines indicated that the developers will be donating the lot for the D.A.R.E. to Build a House project. He questioned whether the City Council would be waiving the assessments for the lot and whether park dedication and building permit fees would also be waived. Councilmember Dietz suggested that staff prepare a memo listing the fees the City will be waiving. Hillside Estates Marly Glines preliminary plat is necessary due indicated he is requesting an extension for the of Hillside Estates. He indicated that the extension to the mitigation of the wetlands in the plat. COUNCILMEMBER HOLMGREN MOVED TO EXTEND THE PRELIMINARY PLAT APPROVAL OF HILLSIDE ESTATES FOR ONE YEAR UNTIL 4/20/94. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Gun Sales/Home Occupation Steve Rohlf informed the Council that staff has received a request from Mark Palmer for a home occupation to sell guns. He stated that this requires a Federal Firearm License. He informed the Council that staff . . . City Council Minutes May 17, 1993 Page 16 has requested Mr. Palmer to apply for a conditional use permit. He further stated that Mr. Palmer will be going through the conditional use permit process in July as he will be out of town during the June Planning Commission meeting. steve Rohlf indicated that past practice has been to allow businesses to continue while going through the conditional use process. Mayor Duitsman indicated he has received several citizen comments on the issue. He further indicated that he is certain that there are other individuals in the City that are selling firearms from their home and felt that staff should research this issue and treat all parties consistently. The City Attorney stated that the Council should direct staff to look at the issue of what should and should not be prohibited as a home occupational use. He stated that if staff needs time to research the issue, they have the option to adopt a moratorium. Following discussion regarding this issue, it was the consensus of the Council to inform the applicant of the conditional use permit that if he does not receive approval by the Council at a July Council meeting, he will be requested to cease operation at that time. The Council did not want the CUP request to be delayed until an August Council meeting. 8.1. Consider City Planner Candidates COUNCILMEMBER HOLMGREN MOVED TO HIRE SCOTT HICKOK AS THE CITY PLANNER. COUNCILMEMBER FARBER SECONDED THE MOTION. Mayor Duitsman indicated he felt the other candidate was more qualified. Councilmember Deitz indicated he researched both candidates and felt that Steven Ach would best meet the City's needs on a long term basis. Councilmember Scheel indicated her preference for Mr. Ach. The motion was withdrawn by Councilmember Holmgren and the second was withdrawn by Councilmember Farber. COUNCILMEMBER TO STEVEN ACH. CARRIED 5-0. HOLMGREN MOVED TO OFFER THE POSITION OF THE CITY PLANNER COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION It was the consensus of the Council that if Mr. Ach does not accept the position, Mr. Hickok would be offered the position. The City Council authorized the City Administrator to negotiate the salary for the position with a six month probation. 8.2. Consider Wastewater Treatment System Operator Candidates COUNCILMEMBER SCHEEL MOVED TO HIRE GARY LEIRMOE FOR THE POSITION OF WWTS OPERATOR STARTING 6/1/93 AT $11.06 PER HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business . . . City Council Minutes May 17, 1993 Page 17 East Highway 10 utilities The City Council discussed the issue of the WWTS expansion and extending utilities along East Highway 10. It was the consensus of the Council to hold an informational meeting regarding this issue for property holders up to 171st Avenue. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON JUNE 15, 1993, 7:00 P.M., AND DIRECTED STAFF TO PREPARE A LIST OF PROPERTY HOLDERS ALONG EAST HIGHWAY 10 TO 171ST AVENUE AND NOTIFY THESE INDIVIDUALS OF THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that he would be meeting with the developers of the Barnier property and may have an opportunity to negotiate a park for the Barnier and Nord properties. 11. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0/ 12. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 5-0. HOLMGREN MOVED THE MOTION. TO THE The meeting of the Elk River City Council adjourned at 11:21 p.m. Respectfully submitted, ~.J/z~. Sandra Thackeray (~J City Clerk