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03-21-2005 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 21, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, and Gumphrey Members Absent: Councilmember Farber Staff Present: City Administrator Pat Klaers, Finance and Administrative Services Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leesebe'tg, Building and Environmental Administrator Steve Rohlf, City Engineer Terry Maurer, Liquor Store Manager Dave Potvin, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Brad Stevens Parks and Recreation Commissioner Duane Peterson 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 6:30 p.m. by Mayor Klinzing. . 2. Consider 3/21/2005 Agenda Item 7.1. was moved up on the agenda after Open Mike. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 3.4. CHECK REGISTER CHANGE ORDERS PAY ESTIMATES GENERAL PLANNING PERMIT TO LINDER'S GREENHOUSE, INC. FOR A GARDEN CENTER, CASE NO. GP 05-03 WITH THE FOLLOWING CONDITIONS: · NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. · IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. . City Council :NIinutes March 21, 2005 Page 2 . · THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. · THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. · THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.5. GENERAL PLANNING PERMIT TO CUB FOODS FOR A GARDEN CENTER, CASE NO. GP 05-04 WITH THE FOLLOWING CONDITIONS: · NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. · IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. · THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. · THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. · THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.6. PARRISH AVENUE BRIDGE MAINTENANCE AGREEMENT . MOTION CARRIED 4-0. 4. Open Mike Brian Benson, Sherburne County Administrator-Provi~ed an update of Northstar Corridor activities and thanked the Council for their support. He handed Northstar logo ice scrapers out to the Council. Mayor Klinzing thanked the county for their support. William Boop, 19116 Troy Street-Provided a letter to the City Council and asked them to contact him with a response. 7.1. Consider Proposal for a Private School Facility Project Pursuant to MN Law. Public Hearing Finance and Administrative Services Director Lori Johnson stated the Church of St. Andrew is requesting tax exempt financing in the amount of $2.5 million for a school construction project. She stated the city needs authorization to submit an application to the Minnesota Department of Employment and Economic Development and to approve the issuance and sale of revenue notes. She further stated the city would not be responsible for any debt on this project. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. . City Council :NIinutes March 21, 2005 Page 3 . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-21 GIVING PRELIMINARY APPROVAL TO A PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.154, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS (ST. ANDREW SCHOOL PROJECT). MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-22 APPROVING THE ISSUANCE AND SALE OF THE CITY OF ELK RIVER, MINNESOTA EDUCATIONAL FACILITIES REVENUE NOTE, SERIES 2005A (ST. ANDREW SCHOOL PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO. MOTION CARRIED 4-0. 5.1. Resolution Awarding Bids for the Westbound Liquor Store Building Project Finance and Administrative Services Director Lori Johnson stated that 22 bid packages were received for the Westbound Liquor store construction project. She stated the estimated project cost is $2,098,000. Councilmember Motin expressed concern over local contractors not being selected for any of the bid packages and questioned how the bidding process was completed. . Steve Chuba, Greystone Construction Project Manager-Stated ads were placed in construction trade magazines, the Elk River Star News, and through personal contact with local contractors. He stated the bids were structured to be more appealing to local contractors. Mr. Chuba explained why four of the bid packages are recommended for rejection. He requested the city be allowed to change the bid packages and solicit quotes or re-bid these packages. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ACCEPT 18 BIDS AND REJECT 4 BIDS AS OUTLINED IN THE STAFF REPORT AND TO REPACKAGE, SOLICIT AND/OR RE-BID THE PACKAGES IN THE 4 REJECTED BIDS. MOTION CARRIED 4-0. Councilmember Dietz questioned whether it has been determined if trees could be removed from the site. City Engineer Terry Maurer stated he has received a permit from Mn/DOT to remove the trees and the city will have to revise the landscape plan to abate for the tree removal. 6.1. Request by Suburban Northwest Builders Association (SNBA) for Conditional Use Permit to Allow Use of Home (Energy House III) as Office in Nordic Hills. Public Hearing-Case No. CU 05-03 . Building and Environmental Administrator Steve Rohlf submitted the staff report. Mr. Rohlf stated that SNBA is requesting an interim use permit for three people to office out of a model home that will also be constructed as Energy House III and be in the SNBA Parade City Council Minutes March 21, 2005 Page 4 . of Homes. Mr. Rohlf discussed lighting, hours, parking, traff1c, signage, and landscaping. He stated that SNBA would be holding committee meetings at the site and would occasionally have contractors come to the location. He further stated that some residents of Nordic Hills expressed opposition to this project at an informational meeting and at the Planning Commission meeting. Mayor Klinzing opened the public hearing. Todd Schoen, 19377 Zumbro Court-Stated concern for the safety of kids on the cul-de-sac. He stated he bought his home on a cul-de-sac because it is a quieter area. Mike Wilson, 19370 Zumbro Court-Stated he purchased his home prior to the Energy City house being considered at this location. He stated concerns for the safety of children in the area. Mr. Wilson stated there were 1,200 homes in the Parade of Homes Spring Preview and his is concerned with the traff1c that this will create. Chad Rudkin, 19400 Zumbro Court-Stated he is opposed to the interim use permit due to increased traff1c. Craig Holst, general contractor for Energy House III-Stated he wanted to clear up any confusion regarding SNBA's affiliation. He stated his organization is not the same organization as the Metro Builder's Association. He stated SNBA only had 35 homes in the parade of homes this spring. . Jim Greenlund, Board of Director for the Builder's Association of Minnesota-Stated he would like to clarify that the model home will be built as Energy House III and will be in the fall Parade of Homes. He stated all he is asking for tonight is that three employees be allowed to temporarily office from the home. He stated he would like the house to be occupied so it can be maintained, monitored, and used as an educational tool. Mayor Klinzing closed the public hearing. Councilmember Motin questioned the city attorney as to whether the home could be used as Energy House III and in the Parade of Homes without being prohibited in some way by the city. City Attorney Peter Beck stated it is his understanding that they could go forward with these projects without city involvement. Councilmember Gumphrey questioned the process of how this specific lot was chosen. He stated he is not in favor of this location being chosen as Energy House III. He stated a lot should have been considered in a development that is not yet built out. Councilmember Dietz questioned the traffic generation for the location. . Mr. Rohlf stated the location was chosen due to its availability, its southern exposure, and its location closer to town off of a busy, more visible street. He stated traffic would be heaviest during the grand opening, but during the course of a year it would generate less traff1c than a single family residential home generates. He stated he estimated his traffic generation numbers on the high side. City Council Minutes March 21, 2005 Page 5 . Mayor Klinzing stated that she is the Chair of Energy City and provided background information on the purpose of Energy City. She indicated she thought there would be access off of County Road 1 to the Energy House and questioned why this has been changed. Mayor Klinzing expressed disappointment at how a positive project for the city could have such a negative response from residents. She stated the success of the project is based on the number of people who show up to view it. She stated there would be an impact on the neighborhood. Mr. Rohlf stated there is a pond in the area blocking access to County Road 1. He stated that if the Energy House project is wrong for this neighborhood, then it would be wrong for any neighborhood in Elk River. He questioned what the difference was between this neighborhood and any other neighborhood. Councilmember Dietz stated there is no question that Energy House III will be built. He stated the issue before the Council tonight is whether three employees for SNBA can offIce from the home on a temporary basis. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE INTERIM USE PERMIT TO SNBA WITH THE FOLLOWING CONDITIONS: 1. ENERGY HOUSE III SHALL CEASE BEING USED AS THE SNBA OFFICES AND AN ENERGY CITY DEMONSTRATION ON MARCH 20,2008 . 2. NO TWO EVENTS OR MEETINGS SHALL BE SCHEDULED AT ENERGY HOUSE III AT THE SAME TIME, EXCEPT THAT ENERGY CITY'S GRAND OPENING WILL COINCIDE WITH THE 2005 FALL PARADE OF HOMES. 3. NO ON-STREET PARKING IS ALLOWED AND EVENTS AND MEETINGS ARE LIMITED IN SIZE BY THE AMOUNT OF PARKING AVAILABLE UNLESS PARTICIPANTS ARE SHUTTLED IN FROM OFF-SITE PARKING AREAS. 4. ALL PARKING SHALL BE CONDUCTED ON HARD SURFACING OR POROUS PAVERS PLANTED WITH GRASS IN THE LOCATIONS IDENTIFIED IN THE MATERIALS SUBMITTED BY THE SNBA. THESE PARKING AREAS WILL BE DEFINED TO AVOID PARKING ON LANDSCAPED AREAS. 5. SNBA MAY INCLUDE ENERGY HOUSE III IN THE 2005 FALL PARADE OF HOMES AND THE 2006 SPRING HOME TOUR. THE SNBA IS NOT AUTHORIZED TO INCLUDE ENERGY HOUSE III IN FUTURE SIMILAR EVENTS WITHOUT REVIEW WITH A PUBLIC HEARING AND APPROVAL BY THE ELK RIVER PLANNING COMMISSION. THE PLANNING COMMISSION'S DECISION MAY BE APPEALED TO THE CITY COUNCIL BY THE SNBA OR PROPERTY OWNERS IN THIS AREA. . 6. TYPICAL SNBA OFFICE HOURS ARE LIMITED TO 8:00 A.M. UNTIL 5:00 P.M. ON WEEKDAYS. FALL PARADE OF HOMES AND SPRING City Council Minutes March 21, 2005 Page 6 . HOME TOURS HOURS ARE LIMITED TO 12:00 P.M. UNTIL 6:00 P.M. THURSDAY THROUGH SUNDAY AND ENERGY CITY HOURS ARE LIMITED FROM 9:00 A.M. UNTIL 2:30 P.M. ON WEEKDAYS. 7. LANDSCAPING AND SCREENING SHALL BE INSTALLED BY THE SNBA AS ADDRESSED IN THIS MEMO AND THE PLANS SUBMITTED AND SHALL INCLUDE A SIX-FOOT -HIGH PRIVACY FENCE WITH PLANTINGS ON LOT 28, BLOCK 2 AS LONG AS IT IS USED FOR PARKING FOR ENERGY HOUSE III. 8. THE SNBA SHALL MAKE THEMSELVES AVAILABLE TO NEIGHBORS TO ADDRESS SPECIFIC ISSUES AND CONCERNS. IF FUTURE ISSUES AND CONCERNS THAT MAY ARISE CANNOT BE REMEDIED BETWEEN THE NEIGHBORHOOD AND THE SNBA, THEY WILL BE DIRECTED TO CITY STAFF FOR RESOLUTION. IF STILLUNRESOLVED, STAFF MAY DIRECT THIS PERMIT BACK TO THE PLANNING COMMISSION AND CITY COUNCIL, WITH PUBLIC HEARING FOR POSSIBLE REVOCATION. 9. SIGNAGE SHALL BE LIMITED TO: · AN ADDRESS STONE ARCHITECTURALLY INCORPORATED INTO THE HOUSE STATING "SUBURBAN NORTHWEST BUILDERS ASSOCIATION - ENERGY HOUSE III." THIS SIGN MAY BE INDIRECTLY LIGHTED AS LONG AS IT DOESN'T CAST A GLARE ON ADJACENT PROPERTIES. . · A NON-LIGHTED SIGN ADJACENT TO COUNTY ROAD #1, BUT NOT LOCATED IN THE R-O-W, WITH A MAXIMUM COPY FACE OF 64 SQUARE FEET. IN LIEU OF THIS SIGN, SNBA MAY REQUEST A NORTHBOUND AND A SOUTHBOUND RURAL BASED BUSINESS SIGN FROM SHERBURNE COUNTY. · FOR SPECIAL EVENTS A BANNER MAY BE PLACED ON THE FLAGPOLE AT THE ENTRANCE TO NORDIC HILLS. THIS BANNER SHALL NOT BE ERECTED MORE THAN ONE DAY PRIOR TO THE DAY OF THE EVENT AND SHALL BE TAKEN DOWN WITHIN ONE DAY AFTER THE EVENT.. 10. LIGHTING FOR ENERGY HOUSE III SHALL FOLLOW THE STANDARDS SET FORTH IN THE ELK RIVER CITY CODE FOR A SINGLE FAMILY RESIDENTIAL DWELLING. 11. SNBA IS LIMITED TO THREE EMPLOYEES OFFICING FROM ENERGY HOUSE III. 12. NO PARKING SHALL BE ALLOWED ON THE GRASS OR PAVERS FROM 9:00 P.M. TO 7:00A.M. . MOTION CARRIED 3-1. Councilmember Gumphrey opposed. City Council Minutes March 21, 2005 Page 7 . Mayor Klinzing stated the city and the Builder's Association would do everything possible to limit the impact to the neighborhood. Mr. Rohlf stated a 3-way stop sign should be installed at Zumbro Street, Zumbro Court and 194th Lane. The city engineer concurred. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO INSTALL A 3-WAY STOP SIGN AT ZUMBRO STREET, ZUMBRO COURT, AND 194TH LANE. MOTION CARRIED 4-0. 6.2. Request by Richard Foster for Ordinance Amendment to Private Kennel Ordinance. Public Hearing-Case No. OA 05-01 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated the applicant is requesting that private kennels be allowed in districts other than R1a. She reviewed the proposed amendment to the ordinance and the Planning Commissions recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. It was moved by Councilmember Dietz and seconded by Councilmember Gumphrey to adopt the ordinance amending sections 30-793 and 30-803 relating to accessory buildings and animals. Councilmember Motin requested to make some minor language changes so the maker and seconder of the motion agreed to withdraw the motion. . Discussion was held on whether the use should be a permitted use or whether all applicants in the R1 districts should be required to obtain a conditional use permit for private kennels. It was the consensus of the Council that it would be a permitted use in the R1 districts on parcels that are 5 buildable acres or greater. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-04 AMENDING SECTIONS 30-793 AND 30-803 OF THE CITY CODE OF ORDINANCES RELATING TO ACCESSORY BUILDINGS AND TO ANIMALS WITH THE ADDITION OF THE WORD "BUILDABLE." MOTION CARRIED 4-0. 6.3. Request by Richard Foster for Pri~ate Kennel License MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A PRIVATE KENNEL LICENSE TO RICflARD FOSTER. MOTION CARRIED 4-0. 6.4. Request by 1st Step Preschool/Paulette Hanlon for Conditional Use Permit to Operate Preschool. 555 Railroad Drive. Public Hearing-Case No. CU 05-01 . Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit to operate a preschool. He discussed the floor plan, hours of operation, site impacts, and the Planning Commission recommendation. City Council Minutes March 21, 2005 Page 8 . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT TO 1ST STEP PRESCHOOL AT 555 RAILROAD DRIVE WITH THE FOLLOWING CONDITIONS: 1. THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL SHALL BE MET. 2. THE APPLICANT SHALL RECEIVE A LICENSE FROM THE STATE OF MINNESOTA PRIOR TO COMMENCING OPERATION. 3. SIGNAGE SHALL COMPLY WITH THE SIGN ORDINANCE. MOTION CARRIED 4-0. 6.5. Request by Amanda Hill for Conditional Use Permit for Home Occupation (Hair Salon). 19371 Zumbro Court. Public Hearing-Case No. CU 05-02 Councilmember Dietz stepped away from the Council dais. . Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a hair salon at 19371 Zumbro Court. He discussed hours of operation and the Planning Commissions recommendation. Mr. Leeseberg stated the chemicals generated from the salon will not have an adverse affect on the city's wastewater treatment system. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE PERMIT FOR A HAIR SALON TO AMANDA HILL AT 19371 ZUMBRO COURT WITH THE FOLLOWING CONDITIONS: 1. THE SALON SHALL COMPLY WITH ALL BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. 3. IF ADDITIONAL WORK STATIONS OR EQUIPM~NT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. THERE SHALL BE NO PARKING FOR THE BUSINESS ALLOWED ON THE STREET. . MOTION CARRIED 3-0. City Council Minutes March 21, 2005 Page 9 . Councilmember Dietz returned to the dais. 6.6. Request by R.]. Ryan Construction for Conditional Use Permit for Maxsun Furniture Store. Public Hearing-Case No. CU 04-39 Director of Planning Michele McPherson stated the applicant is requesting a conditional use permit to construct a 50,000 square foot retail furniture store. She discussed the site plan, traff1c, landscaping, architectural elements, and the Planning Commission recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz stated the applicant should only have to pay $7,500 for the restriping of Zane Street. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE PERMIT FOR MAXSUN FURNITURE WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MOTION CARRIED 4-0. . 6.7. Request by R.]. Ryan Construction for Easement Vacation Public Hearing-Case No. EV 05- 03 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the applicant is requesting that certain drainage, utility, and sidewalk easements be vacated and relocated in Elk River Crossing and Elk River Business Park in order to allow the construction of a furniture store and a retail sales facility. Mayor I(linzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-23 FOR VACATING DRAINAGE, UTILITY AND SIDEWALK EASEMENTS, CASE NO. EV 05-03 WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL GRANT AND RECORD A SIDEWALK EASEMENT OVER LOT 2, BLOCK 1, ELK RIVER CROSSING 6TH ADDITION. MOTION CARRIED 4-0. . . . 6.9. . City Council Minutes March 21, 2005 Page 10 6.8. Request by Zylstra Harley Davidson for Final Plat (Zylstra-Harley-Davidson Addition). Case No. P 05-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting final plat of Zylstra Addition. He discussed zoning, park dedication, and the surrounding buffer areas. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-24 GRANTING FINAL PLAT APPROVAL FOR mSTRA ADDITION, CASE NO. P 05-02 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. A 50 FOOT "NO CUT" ZONE SHALL BE MAINTAINED ALONG THE NORTH PROPERTY LINE. A DEED RESTRICTION RESTRICTING CUTTING IN THIS AREA SHALL BE RECORDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. THAT PORTION OF THE PLAT, SHOWN AS OUTLOT A, HILLSIDE ESTATES 9TH ADDITION, SHALL BE MAINTAINED AS A ''NO CUT" STRIP. A DEED RESTRICTION RESTRICTING CUTTING ON THIS LOT SHALL BE RECORDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARK DEDICATION SHALL BE CASH FOR 4.18 ACRES AND SHALL BE PAID PRIOR TO THE PLAT BEING RELEASED FOR RECORDING. 5. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, THE APPLICANT SHALL APPLY FOR A LAND USE PLAN AMENDMENT AND A REZONING FOR OUTLOT A. MOTION CARRIED 4-0. Request by Zylstra Harley-Davidson to Amend the Planned Unit Development Agreement for Hillside Crossing to Allow Parking Lot as a Principal Use for Lot. Public Hearing-Case No. CU 05-04 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit to allow a lot to be used for parking and motorcycle training. He discussed the "no cut" buffer along the residential neighborhood, landscaping, noise, and the Planning Commission recommendation. City Council Minutes March 21, 2005 Page 11 . Mayor Klinzing opened the public hearing. Arthur Jackett, 19435 Dodge Street-Stated he is concerned about noise levels from the training motorcycles and questioned what the decibel level would be of the cycles. He stated concern with the safety of children in the nearby neighborhood. Mike Mann, General Manager for Zylstra-Stated they would be using a training motorcycle known as "The Blast", which is designed to produce less noise. He handed Mr. Jackett information regarding this motorcycle and invited him to the dealership to examine the motorcycle. Councilmember Dietz questioned the class sizes, number of bikes used, and when the training would be scheduled. Mr. Mann stated the class size would be no more than 12 so there would be no more than 12 bikes. He stated training would happen on at least three weekends a month. Mayor Klinzing closed the public hearing. Councilmember Gumphrey stated he is concerned about overflow parking at large events and the safety of citizens crossing Evans Street to get to the dealership. Mr. Mann stated the parking area would be utilized by employees. . Mayor Klinzing stated she is not in favor of the conditional use permit. She stated the intended use for this location was for retail. MOVED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT TO ~STRA HARLEY DAVIDSON. Motion failed for lack of a second. MAYOR KLINZING MOVED TO DENY THE CONDITIONAL USE PERMIT TO ZYLSTRA HARLEY DAVIDSON. Motion failed for lack of a second. Councilmember Motin questioned the future intent of the lot. He stated concerns regarding parking. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT TO ~STRA HARLEY DAVIDSON WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PAVED AREA SHALL BE CONSTRUCTED TO CITY STANDARDS INCLUDING CONCRETE CURB AND GUTTER. SURMOUNTABLE CURB SHALL BE ALLOWED ON THAT PORTION OF THE PAVED AREA THAT WILL BE UTILIZED FOR THE MOTORCYCLE TRAINING AREA. . City Council Minutes March 21, 2005 Page 12 . 3. THE AREA BETWEEN THE PAVED AREA AND THE SIDEWALK OR CURB SHALL BE SODDED AND THE PROPOSED LANDSCAPED AREAS SHALL BE IRRIGATED. 4. TURF SHALL BE ESTABLISHED AND MAINTAINED ON THE REMAINDER OF THE SITE THAT IS NOT WOODED, PAVED OR LANDSCAPED. 5. A 50 FOOT ''NOT CUT" AREA SHALL BE MAINTAINED ALONG THE NORTH BOUNDARY OF THE PROPERTY. 6. THE PROPERTY SHALL BE REPLATTED AS ONE LOT PRIOR TO FINAL APPROVAL OF THE CONDITIONAL USE PERMIT. 7. NOISE IMPACTS SHALL BE MITIGATED. 8. THE ENTRANCE TO THE PROPERTY SHALL INCLUDE SIGNAGE STATING ~STRA HARLEY DAVIDSON EMPLOYEE PARKING ONLY UNLESS OTHERWISE AUTHORIZED; NO OVERNIGHT PARKING ALLOWED. MOTION CARRIED 3-1. Mayor Klinzing opposed. 6.10. Request by Cemstone Products Company for Administrative Subdivision. Public Hearing- Case No. AS 05-01 . Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting an administrative subdivision to subdivide a 61 acre lot into a 53.16 acre and a 6.69 acre lot. He stated the Parks and Recreation Commission's intent is to recommend cash dedication on the 6.69 acres pending classifIcation of the acres involved. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned the applicant on which ready mix plant he would be removmg. Ken Coolen, representing Cemstone Companies-Stated the plant located on the north site would be removed. Councilmember Gumphrey questioned park dedication fees. Parks and Recreation Commission Chair Peterson stated the Commission was looking for clarification on the park dedication requirements for commercial/industrial property. He also stated the Commission was looking for clarifIcation on the number of acres that should be considered (entire parcel or just the 6.69 acre lot). The Commission wasn't sure what the dedication should be based on. Mr. Leeseberg stated it was the intent of the Commission to base the dedication on the 6.69 acres at the industrial rate. . City Council Minutes March 21, 2005 Page 13 . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE AN ADMINISTRATIVE SUBDIVISION FOR CEMSTONE PRODUCTS COMPANY WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION FEES SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4. THERE SHALL BE NO DIRECT ACCESS TO HIGHWAY 169 FROM LOT 1, BLOCK 1. MOTION CARRIED 4-0. 6.11. Request by William/ Cheryl Freeburg for Easement Vacation. Public Hearing-Case No. EV 05-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting an easement vacation to vacate a 60' wide service drive right-of-way along the north property line. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-25 VACATING STREET DRAINAGE AND UTILITY EASEMENTS, CASE NO EV 05-02. MOTION CARRIED 4-0. 6.12. Request by City of Elk River for an Ordinance Amendment to Include Bed & Breakfast Establishments as Uses in Zoning Districts. Public Hearing~Case No. OA 05-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the city is requesting an ordinance amendment to define bed and breakfast standards in certain districts. He discussed a proposed deflnition and standards for the different districts. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin suggested some minor language changes to the ordinance. The Council agreed to those changes. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 05-05 AMENDING SECTIONS 30-1, 30-991, 30-1022, 30-1023, AND 30-1562 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 05-02. MOTION CARRIED 4-0. . . . City Council Minutes March 21, 2005 Page 14 6.13. Amend Section 66-59 of the City Code Relating to Fees for Work in the Right of Way. Public Hearing-Case No. OA 05-06 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the city would like to more clearly define the language regarding fees for emergency calls. She reviewed the proposed changes to the ordinance. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin suggested some minor language changes to the ordinance. The Council concurred with those changes. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-06 AMENDING SECTION 66-59 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 05-06. MOTION CARRIED 4-0. 6.14. Pavement Management Program (2005 Street Reconstruction Program) City Engineer Terry Maurer stated the 2005 Street Reconstruction project is moving forward and reviewed the resolutions before the Council at tonight's meeting. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-26 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE STREET RECONSTRUCTION IMPROVEMENT OF 2005. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-27 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF STREET RECONSTRUCTION IMPROVEMENT OF 2005. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-28 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE STREET RECONSTRUCTION IMPROVEMENT OF 2005. MOTION CARRIED 4-0. City Administrator Pat Klaers stated that some Councilmembers may not be at the April 18, 2005, City Council meeting and they may want to give the Council or staff their input regarding sidewalks and access points from Highway 10. 7.2. Consider Resolution Authorizing Scenic and Natural Areas Grant Application. Public Hearing Parks and Recreation Director Bill Maertz submitted the staff report with Director of Planning Michele McPherson presenting. Ms. McPherson stated the city would like to apply for a DNR grant in order to obtain an 80 acre parcel ofland adjacent to Woodland Trails and Top of the World parks. She discussed the scope of the project, the implementation schedule, and costs. City Council Minutes March 21, 2005 Page 15 . Mayor Klinzing opened the public hearing. Jim Earnhart, 201 Norfolk Avenue-Stated he is in favor of the city applying for the grant. He stated this parcel of land is unique and a great educational tool. Mary Earnhart, 201 Norfolk Avenue-Stated she is in favor of the project. Dave Kallemeyn 18144 lS2nd Street-Recommended the city apply for the grant. Mike Niziolek, 12275 Rush Circle-Stated the area is ideal for a trail system and has a unique topography that should be preserved. Parks and Recreation Commission Chair Peterson stated this land would be a key purchase for the park system. He stated it fIts in with the Natural Resources Inventory, the Parks Master Plan, and the Comprehensive Plan. He stated the Commission is appreciative of the Council's support. Mayor Klinzing closed the public hearing. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-29 AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A DNR NATURAL AND SCENIC AREAS GRANT. MOTION CARRIED 4-0. . 7.3. Wastewater Treatment Facilities Operational Award from MPCA City Engineer Terry Maurer stated that the Wastewater Department has received the Minnesota Pollution Control Agency Certificate of Commendation for outstanding operation, maintenance, and management of the city's wastewater treatment system. He commended Chief Operator Gary Leirmoe and his department for a job well done. The Council expressed their congratulations and appreciation to Mr. Leirmoe and his department for their continued efforts throughout the year. 7.4. Utilities Update Councilmember Dietz provided an update of the Utilities Commission meeting held on Tuesday, March 8, 2005. 7.5. YMCA Update Councilmember Gumphrey stated he met with a couple of YMCA members and he would like the YMCA to be on the workshop agenda in May. He would like to see where the city is at with funding this project and to review the property that is designated for the project and possibly consider relocating it to land owned by Sherburne County near the courthouse. Councilmember Motin stated that a YMCA board member has expressed frustration to him in not being able to move forward with construction of a YMCA facility. . . . . City Council Minutes March 21, 2005 Page 16 Mr. Klaers stated the Council has not allocated any city funding in the CIP budget for a YMCA construction project. He stated that the YMCA has assigned a new staff member to be in charge of the capital campaign. 8. Other Business There was no other business. 9. Staff Updates Mr. Klaers stated that a representative from the Sathe Executive Search ftrm, Gary Albrecht, would be contacting Councilmembers for input on their needs/wants for the community development director. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:10 p.m. Minutes prepared by Tina Allard. ~