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06-21-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 21, 1993 Members Present: Mayor Duitsman, Councilmembers Scheel, Farber, Holmgren and Dietz Members Absent: None Staff Present: Pat Klaers, City Administrator; Terry Maurer, City Engineer; Stephen Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Sandra Thackeray, City Clerk; phil Hals, Street/Park Superintendent Also Present: Dan Tveite, Planning Commission Representative 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 6:00 p.m. by Mayor Duitsman. 2. Consider 6/21/93 City Council Agenda The following items were added to the agenda: Item 6.5. LAWCON Grant Item 6.6. Fresno street Item 3.1., was deleted from the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/21/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 6/1/93 City Council Minutes This item was deleted from the agenda. 3.2. Consider 6/7/93 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/7/93 CITY COUNCIL MINUTES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Discuss Highwar 101 Project Terry Humbert of MnDOT updated the City Council on the Highway 101 project. He indicated that the bridge work will be let in 1993 and that the road construction from Highways 10 and 169 to County Road 42 will begin in 1994. . . . Elk River City Council Minutes June 21, 1993 Page 2 5. Open Mike Jackie Schuelien, chamber of Commerce Executive Director, invited the City Council to attend the bridge dedication on June 23, 1993. 6.1. Consider Chamber of Commerce Proposal for Creamery Site Duane Kropuenske, Chair of the Chamber Office Space Committee, indicated that the Chamber of Commerce is seeking an area for a new office which is more accessible to the public and which would offer more office space. He stated they have been considering the City owned property on Highway 10 and Main Street as this property is visible and economically feasible for a Chamber of Commerce office. He ntated that the Chamber is proposing to relocate a building which is currently located at 317 Main Street and owned by Mr. Dennis Chuba. Duane Kropuenske reviewed the site plan proposed for the Chamber office. He further indicated that the Chamber is proposing a long term land lease which would permit it to locate the building on the City property. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO WORK WITH THE CHAMBER OF COMMERCE IN THE DRAFTING OF A PROPOSAL TO RELOCATE THE CHAMBER OPERATION TO THE CORNER OF HIGHWAY 10 AND MAIN STREET AND TO HOUSE THE CHAMBER IN THE BUILDING CURRENTLY LOCATED AT 317 MAIN STREET. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Set Public Hearing to Consider Modification to Tax Increment Financing Plans No. 1 and No. 3 Pat Klaers indicated that the Elk River City Council has considered financing options regarding the proposed expansion of the public library. One of the options is to underwrite a portion of the expansion cost by amending the Tax Increment Financing (TIF) Plans No. 1 and No.3. He stated that the first step in this process is to conduct a public hearing and requested the Council to set a public hearing date. COUNCILMEMBER DIETZ MOVED TO CALL A PUBLIC HEARING FOR AUGUST 2, 1993, TO CONSIDER A PROPOSED AMENDMENT TO TIF PLANS NO. 1 AND NO.3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consider Liquor License Renewals The City Clerk presented the Council with the 1993-94 liquor license renewals. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE LIQUOR LICENSES AS ON THE MEMO TO THE MAYOR AND COUNCIL FROM THE CITY CLERK DATED 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION 5-0. INDICATED JUNE 15, CARRIED 6.4. Consider Quotes for Sod - City Hall Phil Hals stated he has requested quotes from four companies to install sod at the new City Hall/Police Facility. He recommended the Council . . . Elk River City Council Minutes June 21, 1993 Page 3 accept the low quote of $9,000 from Model Landscaping of Rogers, Minnesota. COUNCILMEMBER FARBER MOVED TO ACCEPT THE QUOTE OF $9,000 FROM MODEL LANDSCAPING TO INSTALL SOD AT THE ELK RIVER CITY HALL/POLICE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 6.5. LAWCON Grant Phil Hals stated that it is a requirement of the LAWCON Grant that the City must have a Reconnaissance Level Archeological Survey of the entrance road and parking area within the park done prior to any form of road construction. He indicated he received three quotes for this survey to be accomplished and recommended that the Council authorize the low quote. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE QUOTE OF THE 106 GROUP, LTD., OF BLOOMINGTON AT $1,990.00 TO PROVIDE A RECONNAISSANCE LEVEL ARCHEOLOGICAL SURVEY OF THE ENTRANCE ROAD AND PARKING AREA WITHIN THE WOODLAND TRAILS PARK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Fresno Street Phil Hals stated that Livonia Township has plans to pave Fr0sno Street from the north Elk River City limits to Highway 169 through Livonia Township. He indicated that the City's portion of this road is 1200 lineal feet and recommended that the Council consider paving this portion of the road. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE EXPENDITURE OF $7,500 WHICH WILL COME OUT OF THE STREET RESERVE FUND FOR THE PAVING OF FRESNO STREET FROM ELK LAKE ROAD TO THE NORTHERN BOUNDARY OF THE CITY LIMITS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Because public hearings under the Building and Zoning items are scheduled for 7:00 p.m., the Council moved to the Administration items under #8. 8.1. Council Meeting Time Change The City Administrator indicated that the Council had previously directed staff to consider changing the Council meeting times from 7:00 to 6:00 p.m. He stated that this change requires an ordinance amendment and adoption of a resolution which he presented to the City Council. COUNCILMEMBER FARBER MOVED AMENDING SECTION 200.00(1) REGULAR MEETINGS OF THE CITY THE MOTION. TO ADOPT ORDINANCE 93-7, AN ORDINANCE OF THE ELK RIVER CITY CODE PERTAINING TO COUNCIL. COUNCILMEMBER HOLMGREN SECONDED . . . Elk River City Council Minutes June 21, 1993 Page 4 Councilmember Scheel stated that Open Mike should be made available to the public at 7:00 p.m. on all Council agendas. The Council concurred with Councilmember Scheel. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-30, A RESOLUTION ESTABLISHING THE MEETING TIME FOR THE REGULAR CITY COUNCIL MEETINGS AT 6:00 P.M. WITH THE OPEN MIKE SECTION OF THE AGENDA BEGINNING AT 7:00 P.M. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. Code of Ethics and Conflict of Interest This item was delayed until the end of the meeting. 8.3. Call Public Hearing for 7/26/93 to Consider Changes in the Urban/Rural Taxing District Ratio The City Administrator requested the Council to call a public hearing to consider an ordinance which would amend the Urban and Rural Taxing District Ratio. COUNCILMEMBER DIETZ MOVED TO CALL A PUBLIC HEARING FOR JULY 26, 1993, AT 7:00 P.M. TO CONSIDER AN ORDINANCE AMENDMENT TO SECTION 1406 OF THE ELK RIVER CITY CODE TITLED "RURAL/URBAN SERVICE DISTRICTS." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.4. Consider Water Utility Discharge Pond The City Administrator indicated that the Water Utilities have requested the City to reconsider its position on the discharge pond associated with the new well and water treatment building in Orono Park. It was noted that the Park and Recreation Commission and City Council had both rejected the initial request of a discharge pond based on the location and appearance of the pond. The City Administrator indicated that the reason for the Utilities requesting the City's reconsideration in this matter has to do with the overall cost for a storage tank in the water treatment building compared to the cost of the construction of a pond. He indicated that the net savings to the Utilities would be approximately $60,000 if the storage tank is not constructed and a pond can be constructed. The City Administrator stated that another factor to be considered is that the water in the storage tank cannot be reused until it is treated and until that time the water would be discharged into the sewer system. It was noted that the proposed location of the pond has moved to be directly west of the apartment building. Councilmember Scheel commented on the fact that moved closer to the apartments. She indicated Council did not want the discharge pond in protect the children playing in the park area. the discharge pond was that the reason the the first place was to Discussion was held regarding the issue of making the pond safe. . . . Elk River City Council Minutes June 21, 1993 Page 5 COUNCILMEMBER HOLMGREN MOVED TO DISCHARGE POND IN PLACE OF SECONDED THE MOTION. ALLOW THE THE HOLDING UTILITIES TO CONSTRUCT A TANK. COUNCILMEMBER DIETZ Mayor Duitsman indicated that water of the storage tank therefore, indicated he is in he did not like the idea of running the into the Wastewater Treatment Plant and, favor of the discharge pond. Councilmember Scheel encourage the Utilities and staff to look at all safety factors during installation of the discharge pond. THE MOTION CARRIED 5-0. Because it was 7:00, the Council continued with the Building and Zoning items. 7.1. Conditional Use Permit Request to Construct and Operate a Bus Terminal by John Weicht/P.H. Case No. CU-93-13 Steve Rohlf stated that this issue was continued at the Planning Commission public hearing and suggested that the City Council also continue this matter until the Planning Commission has reviewed the conditional use request. Mayor Duitsman opened the public hearing. Mayor Duitsman informed the public that the hearing would be continued to a later date. COUNCILMEMBER SCHEEL MOVED TO CONDITIONAL USE PERMIT REQUEST TO BY JOHN WEICHT UNTIL JULY 19, REVIEW. COUNCILMEMBER HOLMGREN CARRIED 5-0. CONTINUE THE PUBLIC HEARING ON THE CONSTRUCT AND OPERATE A BUS TERMINAL 1993, FOLLOWING PLANNING COMMISSION SECONDED THE MOTION. THE MOTION 7.2. Conditional Use Permit Request to Allow the Sale of Truck Boxes in a C3 Zone by Metro Truck Equipment/p.H. Case No. CU-93-14 Steve Rohlf informed the Council that the Planning Commission tabled this item until further information could be provided. He suggested that the Council open the public hearing and continue any action on this item until the Planning Commission has reviewed this issue. Mayor Duitsman opened the public hearing. Mayor Duitsman informed the public that the hearing would be continued until the Planning Commission has reviewed the issue. COUNCILMEMBER FARBER MOVED TO CONTINUE THE PUBLIC HEARING UNTIL AUGUST 16, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider a Conditional Use Permit Amendment to Construct a Storage Building by Metro Truck Equipment/p.H. Case No. CU-93-10 . . . Elk River City Council Minutes June 21, 1993 Page 6 steve Rohlf indicated that Metro Truck Equipment of 15683 Jarvis street is requesting an amendment to their existing conditional use permit to construct a 4,000 square foot storage building. Dan Tveite, Planning Commission Representative, indicated Planning Commission recommended approval of the conditional four stipulations. that the use with Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE AMENDMENT FOR A TRUCK TERMINAL BY METRO FOLLOWING STIPULATIONS: CONDITIONAL USE PERMIT TRUCK EQUIPMENT WITH THE 1. METRO TRUCK EQUIPMENT CONTINUE TO PLANT TREES UNTIL THEY REACH THE 1 TREE FOR EACH 40 FEET OF LOT PERIMETER REQUIREMENT. 2. METRO TRUCK EQUIPMENT COMBINE THEIR LOTS INTO ONE PARCEL. 3. THE CITY ENGINEER REVIEWS AND APPROVES DRAINAGE. 4. THE ROOF ON THE ACCESSORY STRUCTURE IS COLORED METAL AND THE SIDE OF THE BUILDING FACING JARVIS IS CONSTRUCTED WITH MATERIAL CONSISTENT WITH CITY ORDINANCE (OTHER THAN METAL SKIN). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider a Conditional Use Permit Storage) by Jerry and Thirr Minor/P.H. to Allow Enclosed Storage (Mini Case No. CU-93-l2 Steve Rohlf stated that conditional use permit to storage buildings located in stated that City Code only metal skinned. Jerry and Thiry Minor have requested a allow enclosed storage to include two mini a C3/Highway Commercial zone. Steve Rohlf allows 25% of a building in a C3 zone to be Dan Tveite indicated that the Planning Commission reviewed the request and recommended approval with. certain stipulations. Mayor Duitsman opened the public hearing. Jerry Minor informed the Council that it was his wish to match the new buildings to the existing buildings which are metal skinned. Steve Rohlf once again informed the Council that there are limitations to the use of metal skin by the City Code. Steve Rohlf also indicated that there are other alternatives which the Minor's may want to investigate. Mayor Duitsman closed the public hearing. . . . Elk River City Council Minutes June 21, 1993 Page 7 COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUESTED BY JERRY AND THIRY MINOR TO ALLOW AN BUILDING WITH THE FOLLOWING STIPULATIONS: CONDITIONAL USE ENCLOSED MINI PERMIT STORAGE 1. THE DRIVEWAY ENTERING THE SITE IS A MINIMUM OF 24 FEET WIDE. THE REMAINDER OF THE DRIVES MUST BE BUILT AS SHOWN ON THE SITE PLAN. 2. ALL DRIVES ARE HARD SURFACED. 3. EVERGREENS ARE PLANTED ON THE WEST SIDE OF THE WESTERN TO HELP SCREEN THIS BUSINESS FROM THE ADJACENT PROPERTIES. MOST DRIVE RESIDENTIAL 4. NO OUTSIDE STORAGE BE ALLOWED. 5. LIGHTING BE AS PER CITY CODE AND DIRECTED AWAY FROM THE ADJACENT RESIDENTIAL PROPERTY. 6. NOT MORE THAN 25% OF THE BUILDING (EXCLUDING THE ROOF) AND THAT NO PORTION EASTERN MOST BUILDING AND THE WEST BUILDING CAN BE METAL SKIN EXTERIOR. METAL SKIN, IT MUST BE COLORED. EXTERIOR BE OF METAL SKIN OF THE EAST WALL OF THE WALL OF THE WESTERN MOST FURTHER, IF THE ROOF IS 7. SIGNAGE BE AS PER CITY CODE FOR THE C3 ZONE. 8. SLOPES TO THE POND ON THE SITE NOT BE MADE STEEPER THAN EXISTING~ COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Consider Preliminary Associated Variances by P-93-07 and V-93-04 Plat Review David and of Joyce North Meadows Addition Mickelson/P.H. Case and No. Steve Rohlf explained that David and Joyce Mickelson are requesting preliminary plat review of a plat containing eight lots located on 22.2 acres. The lots are proposed to be served by private wells and septic systems. He indicated that the plat also requires approval of a variance on the maximum length of a dead end road and variances on lot sizes for four of the eight lots. Mayor Duitsman opened the public hearing. Terry Maurer indicated he met some of the neighbors at the site to discuss concerns relating to the plat. Some of the concerns discussed which were also reviewed by the Planning Commission were drainage issues, the road easement, and driveways being washed out. Terry Maurer indicated that the issues and concerns were resolved. Mike Townsend, 14390 214th Avenue, informed satisfied after talking to Terry Maurer resolved. the Council that all that he was issues would be . . . Elk River city Council Minutes June 21, 1993 Page 8 There being no further comments, Mayor Duitsman closed the public hearing. COUNCI LMEMBER 1-4, BLOCK 2. CARRIED 5-0. DIETZ MOVED TO APPROVE THE LOT SIZE VARIANCE FOR LOTS COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF NORTH MEADOWS WITH THE FOLLOWING STIPULATIONS: 1. ROAD RIGHT-OF-WAY BE DEDICATED TO THE WEST BOUNDARY OF THE PLAT. 2. THE CITY ENGINEER APPROVES THE ROAD PLANS PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THE ROAD. 3. 50 FEET OF RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FROM THE CENTER LINE OF COUNTY ROAD 32. 4. THE DEVELOPER OBTAIN A CONSTRUCTION PERMIT FROM THE ENGINEERING DEPARTMENT. COUNTY 5. LOT 1, BLOCK 1, DOES NOT HAVE A DRIVEWAY ACCESS ON COUNTY ROAD 32. 6. LOT 1, BLOCK 2, OBTAIN A DRIVEWAY PERMIT FROM THE COUNTY TO ACCESS COUNTY ROAD 32. 7. THE CITY ENGINEER APPROVES A GRADING AND FINAL PLAT APPROVAL AND INSPECTS CONSTRUCTED. DRAINAGE PLAN PRIOR TO THESE IMPROVEMENTS WHEN 8. THE COUNTY APPROVE THE GRADING AND DRAINAGE PLAN FOR THIS PLAT. FURTHER, IF THE COUNTY NEEDS ENGINEERING ASSISTANCE IT IS PROVIDED BY THE CITY ENGINEER AT THE EXPENSE OF THE DEVELOPER. LASTLY, THAT 30 FEET OF EASEMENT FROM THE CENTERLINE OF DITCH #28 IS DEDICATED TO THE COUNTY. 9. THE DEVELOPER COOPERATE REDISTRIBUTION/REASSESSMENT RECORDING THE PLAT. WITH THE COUNTY REGARDING A OF THE DITCH ASSESSMENT PRIOR TO 10. THE PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED ON LOT SIZE FOR LOTS 1-4, BLOCK 2. 11. THE DEVELOPER PROVIDE LOWEST FLOOR ELEVATIONS FOR STAFF'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 12. THE DEVELOPER PAY $2,400 IN PARK DEDICATION FEES. 13. THE DEVELOPER PAY THE COST OF THE FIRST SEAL COATING FOR THE ROAD IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING THE PLAT. 14. BUILDING PERMITS ARE ALLOWED ONLY AFTER THE BASE FOR THE ROAD IS APPROVED BY THE CITY ENGINEER. . . . Elk River City Council Minutes June 21, 1993 Page 9 15. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 16. THE COMPLETION DATE FOR PUBLIC IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 17. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COSTS OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 18. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 19. OAKS REMOVED FOR HOUSE CONSTRUCTION HAVE THEIR ROOTS SEVERED (TO A DEPTH OF 5 FEET) FROM ADJACENT TREES PRIOR TO BEING DROPPED OR HAVE THEIR STUMPS REMOVED THE SAME DAY. FURTHER, ROOTS EXPOSED ARE REBURIED THE SAME DAY AS THEY ARE EXPOSED. LASTLY, TREES THAT ARE TO REMAIN AFTER CONSTRUCTION HAVE THEIR DRIP LINE ROPED OFF TO DEFINE AN AREA OF NO ACTIVITY TO PROTECT THEM FROM MECHANICAL DAMAGE. 20. A CERTIFIED SEPTIC INSPECTOR REVIEW BORINGS MADE RECOMMENDATIONS FOR ON-SITE SEPTIC PRIOR TO BUILDING PERMIT ISSUANCE. 21. A PERMIT FOR A MODEL HOME ON LOT 2, BLOCK 1, BE CONTINGENT UPON A DRIVEWAY PERMIT BEING APPROVED BY THE SHERBURNE COUNTY ENGINEERING DEPARTMENT TO ACCESS COUNTY RD 32. 22. THE DEVELOPER TAKE CARE OF THE ISSUES DISCUSSED ON SITE WITH THE RESIDENTS AND THE CITY ENGINEER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Conditional Use Nordenstrom/P.H. Permit for Excavation Case No. CU-93-11 in Wetland by James a steve Rohlf stated that James Nordenstrom of 19881 Auburn Street is requesting a conditional use permit to excavate approximately 7,500 cubic yards of black dirt from a wetland to construct an open water pond for wildlife viewing. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval. 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 EXCAVATION IN A WETLAND REQUESTED BY JAMES NORDENSTROM WITH THE FOLLOWING STIPULATIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES. . . . Elk River City Council Minutes June 21, 1993 Page 10 2. FOR SAFETY PURPOSES, DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4:1. 3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 4. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPBR THAN 4-5 FEET IN DEPTH. 5. ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. 6. THE CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. APPROVAL IS CONTINGENT UPON THE RECOMMENDATION OF THE ARMY CORPS OF ENGINEERS AND THE SHERBURNE COUNTY SOIL AND WATER CONSERVATION DISTRICT. 8. THE PROJECT BE COMPLETED WITHIN ONE CONSTRUCTION SEASON. 9. HOURS OF OPERATION BE AS PER CITY CODE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. Consider Administrative Subdivision Request by Alvin Froehlich/P.H. Case No. AS-93-04 Steve Rohlf indicated that Alvin and Hazel Froehlich, 21404 Jarvis Street, have requested an administrative subdivision to subdivide a 31.04 acre parcel into two parcels; one parcel being 20 acres and the other 11.04 acres. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ALVIN FROEHLICH WI~H THE FOLLOWING STIPULATIONS: 1. THE LOW AREA ON THE WESTERN BOUNDARY OF PARCEL A IS INCLUDED IN THE DRAINAGE EASEMENT. 2. $400.00 PARK DEDICATION FEES BE PAID PRIOR TO RECORDING THE LOT SPLIT. 3. THE SOUTHERN 33 FEET OF BOTH PARCELS IS DEDICATED BY EASEMENT FOR RIGHT-OF-WAY (MORE IF THE TRAVEL SURFACE OF 213TH AVENUE FALLS OUTSIDE THE EASEMENT). ; 4. DRAINAGE AND UTILITY EASEMENTS MUST BE DEDICATED AROUND THE PERIMETERS OF THE PARCELS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Elk River City Council Minutes June 21, 1993 Page 11 7.8. Consider an Easement Vacation Request to Allow Construction of a Detached Accessory Structure by Dennis Green/P.H. Case No. EV-93-03 Steve Rohlf indicated that Dennis Green of 14028 202nd Avenue is requesting a vacation of a portion of the drainage and utility easement located on Lot 4, Block 2, Meadowvale Woods. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-31, A RESOLUTION FOR VACATING A DRAINAGE EASEMENT CONTINGENT ON A SURVEY VERIFICATION THAT NO PORTION OF WETLAND IS INCLUDED IN THE VACATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Administrative Subdivision Request by Scott and Robin Fitzgerald/p.H. Case No. P-93-09 Steve Rohlf indicated that Scott and Robin Fitzgerald, 12782 Meadowvale Road, are requesting preliminary and final plat approval for the plat of Robinsdale to create two additional residential lots. He indicated that the Fitzgeralds are proposing to subdivide a parcel of land into three lots which contains their existing home. All lots in question will be served by city sewer and water. Steve Rohlf stated that staff is recommending approval with certain stipulations. He further indicated that staff is also recommending that the developer provide a letter of credit. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Tom Lange, 967 York Avenue, indicated that he had a concern regarding the driveway off of Lot 2 onto York Avenue affecting the corner of his property. He indicated he had trees planted on the corner and did not wish the trees to be removed. COUNCILMEMBER SCHEEL MOVED TO FOR THE PLAT OF ROBINSDALE FOLLOWING STIPULATIONS: APPROVE THE ADMINISTRATIVE SUBDIVISION BY SCOTT AND ROBIN FITZGERALD WITH THE 1. THE DEVELOPER IS RESPONSIBLE FOR SEWER AND WATER SERVICES TO THESE TWO LOTS PRIOR TO RECORDING THE PLAT OR AN APPROPRIATE LETTER OF CREDIT IS ESTABLISHED WITH THE CITY FOR THESE IMPROVEMENTS. 2. $800.00 IN PARK DEDICATION FEES BE PAID PRIOR TO RECORDING THE PLAT. 3. COMMENTS FROM TERRY MAURER, CITY ENGINEER, REGARDING DRAINAGE AND UTILITIES (IF ANY) ARE INCORPORATED IN THE STIPULATIONS FOR APPROVAL OF THIS PLAT. 4. 17 FEET OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FOR MEADOWVALE ROAD. . . . Elk River City Council Minutes June 21, 1993 Page 12 5. LOTS 2 AND 3, BLOCK 1 HAVE THEIR ACCESS OFF OF VALE ROAD. 6. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THE PLAT. 7. NO DEVELOPERS AGREEMENT OR LETTER OF CREDIT IS REQUIRED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Bruce Addition Update Steve Rohlf informed the Council that a surveyor error has been made on the Bruce Addition plat, therefore resulting in a legal notification error of the legal description. He stated that the Council must decide whether to re-advertise the plat with a corrected legal description, which would require reviews by the Planning Commission and City Council, or to correct the plat through a Certificate of Correction which can be done following the recording of the plat. Steve Rohlf informed the Council that the plat has not yet been recorded. The Council discussed whether it should reconsider the entire issue due to the concern some of the Council had regarding the private road. Gary Santwire indicated that going through the three month process again would possibly kill the project. COUNCILMEMBER HOLMGREN MOVED TO CORRECT THE LEGAL DESCRIPTION WITH A TECHNICAL CERTIFICATE OF CORRECTION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Farber opposed. 7.11. Final Plat Review of Meadowvale Heights Phase I by Dennis Backes Case No. P-93-04 Steve Rohlf indicated that the first phase of Meadowvale Heights consists of 49 City sewer and watered lots. Jeff Shopek, Civil Engineer of the plat, requested permission to begin grading the second phase prior to the final plat process being completed. He indicated that the excess dirt from Phase I of the plat will be used for Phase II to balance the site area. Terry Maurer suggested that erosion control measures be considered with replacement of topsoil. COUNCILMEMBER FARBER MOVED TO APPROVE THE FINAL PLAT OF MEADOWVALE HEIGHTS WITH THE FOLLOWING STIPULATIONS: 1. APPROVAL OF AN ARMY CORPS OF ENGINEERS PERMIT TO FILL THE WETLAND IN QUESTION AND APPROVAL BY THE TECHNICAL EVALUATION PANEL OF THE PROPOSED MITIGATION PLAN WITH THE COST OF MITIGATION BEING COVERED UNDER THE LETTER OF CREDIT. 2. THE FOLLOWING PERMITS MUST BE ACQUIRED: DEPARTMENT OF HEALTH PERMIT; MPCA PERMIT; DNR PERMIT; AND CONSTRUCTION PERMIT. 3. COUNTY DITCH: - NO INCREASED RUNOFF BE ALLOWED FROM THIS PLAT TO EITHER COUNTY DITCH 28 OR 31. . . . Elk River City Council Minutes June 21, 1993 Page 13 - THE DRAINAGE PLAN BE APPROVED BY THE COUNTY AND THE CITY ENGINEER AT THE DEVELOPER'S EXPENSE. - THE DEVELOPER WORK WITH THE COUNTY REGARDING A REDISTRIBUTIONMENT AND POSSIBLE REDETERMINATION OF FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN THE PLAT PRIOR TO RECORDING IT. - THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED TO THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT. - THE DEVELOPER GRANTS THE COUNTY RIGHTS, IN A FORM DETERMINED BY THE COUNTY, TO THE DITCH IN THE SOUTHEAST CORNER OF THE PLAT (DITCH 31) PRIOR TO RECORDING. 4. OUTLOTS A AND B ARE DEDICATED TO THE CITY. 5. A DEVELOPMENT PLAN, ROAD PLAN, GRADING AND DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER. 6. ALL SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE BY THE DEVELOPER PRIOR TO CITY ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT. 7. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE CONSTRUCTION OF THE ROAD WITHIN THEIR EASEMENT. 8. PARKS: - THE WESTERN 40 ACRES OF MRS. BARNIER'S ORIGINAL 120 ACRES BE DEDICATED AS PARK. A 20 FOOT WIDE TRAIL BETWEEN OUTLOT A AND OUTLOT B BE DEDICATED. A 20 FOOT WIDE TRAIL BETWEEN LOT 21, BLOCK 1, AND LOT 6, BLOCK 2, BE DEDICATED. SEVENTY FEET OF RIGHT-OF-WAY ON ELGIN COURT AND 195TH AVENUE, BE DEDICATED TO ACCOMMODATE A TRAIL. A 20 FOOT WIDE TRAIL BETWEEN LOTS 4 & 5, BLOCK 3, BE DEDICATED. THE ABOVE LISTED STIPULATIONS ARE IN LIEU OF ALL PARK DEDICATION FEES FOR THE FIRST AND SECOND PHASE OF THIS PLAT. 9. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES FOR THIS PLAT. 10. THE DEVELOPER PROVIDES TEMPORARY EASEMENTS ACCEPTABLE TO THE CITY ENGINEER FOR TEMPORARY TURNAROUNDS FOR ELGIN COURT ON THE NORTH END OF THE PLAT AND ELGIN DRIVE ON THE SOUTH END OF THE PLAT PRIOR TO RECORDING. 11. IMPROVEMENTS IN THE PLAT ARE COMPLETED WITHIN ONE YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL. 12. PRIOR TO RECORDING THE PLAT, THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT FOR 100% OF THE ESTIMATED COST OF THE IMPROVEMENTS IN THE PLAT, INCLUDING THE COST OF WETLAND MITIGATION. FURTHER, THAT A 25% WARRANTY BOND IS REQUIRED FOR A ONE YEAR PERIOD FOLLOWING CITY ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT. . . . Elk River City Council Minutes June 21, 1993 Page 14 13. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT PRIOR TO RECORDING THE PLAT. 14. THE DEVELOPER PAY FOR THE FIRST SEAL COATING OF THE ROADS IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING THE PLAT. 15. THE DEVELOPER PAY A WATER AVAILABILITY CHARGE OF $300 PER LOT TO THE ELK RIVER MUNICIPAL UTILITIES PRIOR TO RECORDING THE PLAT, WHICH WOULD TOTAL $14,700 FOR THE 49 LOTS. 16. LOT 5, BLOCK 3, BE RENUMBERED SO THAT IT IS INCLUDED IN BLOCK 4. 17. EROSION CONTROL MEASURES BE TAKEN BY REPLACING THE TOPSOIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Tom Lange addressed the Council regarding agenda item 7.9., Administrative Subdivision for the Plat of Robinsdale. He stated that three of his five large trees would be taken down or seriously damaged with the driveway as proposed in the plat. He requested that the Council consider looking at a driveway entrance off of Meadowvale Road. Steve Rohlf stated that the recommendation from the county Engineering Department was to limit access off of Meadowvale Road. COUNCILMEMBER SCHEEL MOVED TO RECONSIDER THE ADMINISTRATIVE SUBDIVISION REQUEST BY SCOTT AND ROBIN FITZGERALD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY SCOTT AND ROBIN FITZGERALD SUBJECT TO STEVE ROHLF RESOLVING THE ISSUE OF THE DRIVEWAY PLACEMENT FOR LOT 2 BY FIRST DETERMINING IF NO TREES WILL BE TAKEN OUT. IF NO TREES WILL BE REMOVED DUE TO THE DRIVEWAY PLACEMENT, THEN THE DRIVEWAY WILL REMAIN AS PROPOSED FROM VALE STREET. IF THE TREES HAVE TO BE TAKEN DOWN, STEVE ROHLF SHOULD GO TO THE COUNTY TO SEE IF THE DRIVEWAY CAN GO TO MEADOWVALE. IF THE COUNTY WILL NOT APPROVE THE DRIVEWAY OFF OF MEADOWVALE OR THE DEVELOPER WILL NOT APPROVE THEM, THEN THE DRIVEWAY WILL GO DOWN TO VALE AND BE LOCATED TO CAUSE MINIMAL DISRUPTION OF THE TREES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:45 p.m. and reconvened at 8:50 p.m. 8.2. Review Code of Ethics and Conflict of Interest Steve Rohlf stated that he is a developer for a development in Zimmerman. He indicated that his development in Zimmerman began under the City's old ordinance which caused no conflict of interest. He questioned whether the new ordinance which the Council is considering would affect his situation as developer for his development in Zimmerman. Peter Beck stated that Steve's involvement with the Zimmerman Development will not affect his current position with Elk River. Peter Beck indicated that the main issue is whether Steve is . . . Elk River City Council Minutes June 21, 1993 Page 15 processing applications in Elk River for people which he has a direct or indirect business relationship with. The Council discussed the Code of Ethics which was drafted by Peter Beck, City Attorney. Councilmember Holmgren indicated that he would like to accept Exhibit B. Councilmember Scheel indicated that she would like to see a monetary limit placed on meals, gifts, and gratuities. The Council discussed a dollar figure to place on these issues. It was suggested that $100 seemed appropriate. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ATTORNEY TO REVISIONS TO EXHIBIT B AND PRESENT THIS TO THE CITY 7/19/93. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 5-0. MAKE SOME COUNCIL ON THE MOTION 8.5. Review Meeting Schedule The Council reviewed the July meeting schedule. It was the consensus of the Council to cancel the June 28 and July 5 Council meetings. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 12, AT 6:00 P.M., FOR THE PURPOSE OF HAVING A PRESENTATION BY REPRESENTATIVE KLINZING AND THAT THE MEETING CONTINUE FOLLOWING THE EDA MEETING FOR THE PURPOSE OF A WORK SESSION TO DISCUSS BUDGET ITEMS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business/Staff Updates The City Administrator presented the City Council with a Pay Estimate for the City Hall/Police facility. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE PAY ESTIMATE #11 TO BOR-SON CONSTRUCTION IN THE AMOUNT OF $21,049.15, FOR WORK COMPLETED ON THE CITY HALL/POLICE FACILITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator reviewed a map of a future eastern extent ion of County Road #32 and discussed the road and how it affects the entrance to the golf course and City property. 10. Check Register Mayor Duitsman requested staff to provide information from the check register which would be sorted by fund so there is a list of checks under each fund with totals. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Adjournment . . . Elk River City Council Minutes June 21, 1993 There being no further business, COUNCILMEMBER SCHEEL MOVED THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:30 p.m. Respectfully submitted, ~ . andra Thackeray City Clerk Page 16 TO ADJOURN THE MOTION