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06-20-2005 CC MIN . . . Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 20, 2005 Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin None City Administrator Pat Klaers, Finance and Administrative Service Director Lori Johnson, City Engineer Terry Maurer, City Attorney Peter Beck, Building and Environmental Administrator Stephen Rohlf, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Liquor Store Manager Dave Potvin, Street Superintendent Phil Hals, and Recording Secretary Jessica Miller Planning Commissioner Leo Offerman 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 06/20/2005 Agenda . Consider Hire of Wastewater Operator was added to the Consent Agenda. . A portion ofItem 6.12. - Consider Initiating 193rd Avenue Corridor Study (from Hillside Estates to CSAH 13) - was moved to before item 6.1. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.2. 3.3. 3.4. 3.5. 3.1. COUNCIL MINUTES · JUNE 6, 2005 REGULAR · JUNE 13, 2005 REGULAR CHECK REGISTER PAY ESTIMATES REQUEST BY JENNIFER MUELLER (ANYTIME FITNESS) FOR GENERAL PLANNING PERMIT FOR TENT DISPLAY, CASE NO. GP 05-09 RESOLUTION 05-65 ACKNOWLEDGING CONTRIBUTION FROM THE ELK RIVER LIONS CLUB FOR FOURTH OF JULY CELEBRATION FIREWORKS City Council :Minutes June 20, 2005 Page 2 3.6. RENEWAL OF DISPLAY, SALES, AND STORAGE OF FIREWORKS LICENSE - WALMART 3.7. CONSIDER FOLLOWING WASH N' FILL REQUESTS · LICENSE FOR DISPLAY, SALES, AND STORAGE OF FIREWORKS · GENERAL PLANNING PERMIT WITH THE FOLLOWING CONDITIONS: 1. THE SALE OF FIREWORKS NEEDS TO BE AT LEAST 50- FEET FROM ANY FUEL-DISPENSING STATION DISPENSERS. 2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. . 4. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES. 6. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. MASSAGE THERAPIST LICENSE FOR RON JOLLY, SALINA SALON MASSAGE THERAPIST LICENSE FOR LORI STICH, MOE THERAPUTIC MASSAGE RESOLUTION 05-66 ADOPTING PUBLIC PURPOSE EXPENDITURE POLICY REQUEST BY A&R LAND DEVELOPMENT FOR SIMPLE PLAT (ADMINISTRATIVE SUBDIVISION), (MEADOWV ALE), PUBLIC HEARING, CASE NO. P 05-10 - POSTPONED TO 8/1/05 CHANGE TO RESOLUTION 05-36 ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) MASSAGE THERAPIST ESTABLISHMENT LICENSE FOR BELA SALON HIRE KEVIN BEADLES AS WASTEWATER OPERATOR BEGINNING AT PAY STEP B WITH A STARTING DATE OF EARLY JULY 2005. MOTION CARRIED 5-0. . 3.8. 3.9. . 3.10. 3.11. 3.12. 3.13. 3.14. 4. Open :Mike Jim Riavala, 441 Upland Avenue - indicated that the city has no easement for right of way purposes and any use of his property for street improvements would require encroachment of the city onto his property. :Mr Riavala indicated that he met with City Engineer Terry Maurer and is hoping to come to a resolution. :Mr. Maurer stated that this item will be added to the July 5 agenda and the Council will be provided with background information and options to provide direction to staff on this matter. . . . . City Council Minutes June 20, 2005 Page 3 5.1. Ordinance 05-12 Establishing an Energy City Commission Building and Environmental Administrator Stephen RoWf stated that per Council direction at the June 13 worksession, a time period at the end of which the city will either need to act to continue or discontinue the Energy City Commission has been added to the Ordinance. Mr. RoWf indicated that the budget estimates are likely to be high as member companies have indicated that they would be willing to contribute to the program. Councilmember Motin questioned how the budget estimates for 2005 and 2006 compare to other years. Mr. Rohlf indicated that an increase is shown for 2006 due mainly to the cost of the website update but that the 2005 budget estimate is more typical. Councilmember Dietz questioned whether the final Energy City Commission budget would be decided during city budget discussions. Mr. RoWf indicated that yes, the actual budget would be decided during budget discussions. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 05-12 ADDING CHAPTER 2, ARTICLE 5, DIVISION 8, TO THE CITY OF ELK RIVER CODE OF ORDINANCES CREATING THE ENERGY CITY COMMISSION. MOTION CARRIED 5-0. 5.2. HRA Update and Discussion on Downtown Project Mayor Klinzing stated that Vem Hanson of MetroPlains had a scheduling conflict and was unable to attend tonight's meeting and so the discussion on the downtown may need to be rescheduled. City Administrator Pat Klaers indicated that Mr. Hanson is available next week and this item could be added to the Special Meeting on June 27, 2005 that will be discussed later this evening. It was the consensus of the Council to add this item to the June 27 meeting agenda. Councilmember Motin provided the Council with an update on the June 6, 2005 HRA meeting. 6.12.A. Consider Resolution 05-67 Initiating 193rd Avenue Corridor Study (from Hillside Estates to CSAH 13) City Engineer Terry Maurer stated that the extension of 193rd Avenue easterly from the Hillside Estates development to CSAH 13 was identified by the Council as a transportation priority at the June 13 worksession. Mr. Maurer indicated that staff provided a mailing to the property owners in a wide area between the Hillside Estates development and CSAH 13. Mayor Klinzing indicated that the resolution the Council is being asked to adopt at tonight's meeting is only authorizing the city to initiate the corridor study on 193rd Avenue from TH169 to CSAH 13. Mayor Klinzing stated that although she is not convinced that the extension should happen now, she is in support of the resolution as she believes the area needs to be studied. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-67 INITIATING THE CORRIDOR STUDY ON 193RD AVENUE FROM TH169 TO CSAH 13. MOTION CARRIED 5-0. . . . City Council Minutes June 20, 2005 Page 4 Mr. Maurer stated that the residents should expect to receive their first notification for the informational meeting in the fall. Mr. Maurer also stated that property owners are welcome to call him if they would like to meet staff on their property or if they would like to check the status of the study. Mr. Maurer noted that staff will report back to the Council on the study sometime in the fall. Dave Burandt, 19118 Tyler Street - questioned how many letters were sent out notifying property owners that the Council would be discussing this item tonight. Mr. Burandt stated that he believes all property owners in the area should have been notified. Mr. Maurer indicated that staff was directed to send letters to the property owners east of Hillside. He also indicated that once the study is complete, additional property owners would be notified. Matthew Christiaansen, 19407 Auburn Street - questioned if the corridor would connect to CSAH 13 right away or if it would stop at Tyler Street and be phased in. Mr. Maurer indicated that the study will look at all options and it would be the Council's decision on whether or not to do the entire corridor at once or to map it out in phases. City Administrator Pat Klaets questioned if staff would need to go on private property while conducting evaluations for the study. Mr. Maurer indicated that there would be cases that they would but that property owners will be contacted prior to staff entering their property. Dave Crocker, 19422 Auburn Street - questioned if there are any east/west corridors planned other than 193rd Avenue and if so, what their timeframes are. Mr. Maurer indicated that three potential east/west corridors (193rd Avenue, Elk Hills Drive/School Street, and 197th Avenue) have been identified that will line up with MnDOTs future plans for overpasses on TH169, but no timelines have been identified for them. Barb Burandt, 19118 Tyler Street - stated that many residents of 193rd Avenue were unaware of the future plans for that road and that residents should be advised to seek information regarding future plans for the area near their properties. Ms. Burandt also asked the Council to look at alternatives to the 193rd corridor as the road would go through what they believe to be the most precious portion of their property. Laurie Forse, 19401 Ulysses - indicated that by extending 193rd Avenue, the city will be disrupting nature and wildlife and she believes the city should try to preserve this area. Mike Brown, 11360 193rd Avenue - stated that he has two small children and that he is concerned about the increased traffic on 193rd once the road is extended. He also indicated that he believes that making 193rd Avenue an east/west corridor will create more of a traffic problem at the 193rd and Evans Avenue intersection. 6.1. Resolution 05-67 Granting Final Plat Approval of West Oaks 4th Addition, Requested by Cottage Homesteads at West Oaks.liC - Case No. P 05-08 Staff report presented by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat approval for the fourth phase of West Oaks. He provided an overview of the project. Mr. Harlicker indicated that the final plat is consistent with the preliminary plat that has already been approved. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-68 GRANTING FINAL PLAT AFPROV AL FOR WEST OAKS FOURTH ADDITION, CASE NO. P 05-08 WITH THE FOLLOWING CONDITIONS: . . . City Council :Minutes June 20, 2005 Page 5 1. 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. 2. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 3. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 5. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 6. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 9. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL MAILBOXES BE CLUSTERED. 12. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 14. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY . . . City Council Minutes June 20, 2005 Page 6 OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 16. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT. 17. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR CONTRIBUTION TOWARDS THE COST OF THE WACO STREET IMPROVEMENTS. MOTION CARRIED 5-0. 6.2. Resolution 05-69 Granting Final Plat Approval of Twin Lakes Estates 2nd Addition. Requested by Ryan Contracting. Inc. Case No. P 05-07 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson indicated that the applicant is requesting final plat approval for Twin Lakes Estates 2nd Addition. Ms. McPherson provided an overview of the project. Ms. McPherson stated that a revised setback drawing has been included for approval allowing is-foot rear yards to accommodate decks. Councilmember Motin questioned if Condition 25 is still necessary with the revised drawing. Ms. McPherson indicated that Condition 25 could be deleted. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-69 GRANTING FINAL PLAT APPROVAL FOR TWIN LAKES ESTATES 2ND ADDITION, CASE NO. P 05-07 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. 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. 4. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. . . . City Council Minutes June 20, 2005 Page 7 6. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 7. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 8. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED JUNE 16, 2004 SHALL BE ADDRESSED. 9. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 10. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 11. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 12. THE CITY ENGINEER'S COMMENTS OF JUNE 17, 2004 BE INCORPORATED INTO THE PLANS. 13. THE DEVELOPER SHALL PAY THEIR FAIR SHARE OF THE CROSSING OF TROTT BROOK. 14. OUTLOT D SHALL BE PROVIDED AS RIGHT OF WAY FOR TYLER STREET OR SHALL BE DEEDED TO THE CITY TO AVOID CREATING A SPITE STRIP. 15. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 16. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 17. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 18. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. ALL MAILBOXES BE CLUSTERED. 20. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 21. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT . . . City Council Minutes June 20, 2005 Page 8 GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE FENCING PRIOR TO GRADING COMMENCING. 22. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 23. OUTLOT E SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMWATER PONDS LOCATED IN OUTLOT E. CASH IN THE AMOUNT OF $136,752 (2005 DOLLARS) SHALL BE PAID TO COMPLETE THE PARK DEDICATION REQUIREMENTS. 24. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS. 25. SIDEWALK EASEMENTS SHALL BE PROVIDED AS REQUIRED IN THE CITY ENGINEER'S MEMO OF JUNE 10, 2005. MOTION CARRIED 5-0. 6.3. Request by Michael Sizen for a 3' Sideyard Variance Request. Public Hearing. Case No. V 05-01 Staff report presented by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a side yard setback variance of 3-feet to construct an 8-foot wide deck. Mr. Leeseberg provided an overview of the request, including the five conditions that must be met in order to grant a variance and staff's suggestion for alternative deck placement. He noted that the Board of Adjustments denied the request because they did not feel that the applicant met two out of the five conditions that must be present to grant a variance. Mayor Klinzing opened the public hearing. Michael Sizen, 12526 194th Lane, applicant - stated that he spoke to the neighbor that this variance would affect the most and she does not have a problem with it. He stated that as part of the variance request he had to send letters to any property owner within 350-feet of his home and no one had any problems with the request. Mr. Sizen indicated that the fireplace vent would prohibit deck placement where staff recommends. He also stated that he had never built a home before and he had to trust the builder and developer to tell him what he needed to know. He stated that if he had been told about the setbacks he would have chosen to build on a different lot. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated that he doesn't feel that Mr. Sizen's request meets the five conditions that must be met for variance approval. Councilmember Motin stated that there are other viable options for deck placement, including staff's recommendation. . . . City Council Minutes June 20, 2005 Page 9 Councilmember Motin stated that according to building code, the structure would not be allowed within 12 inches of the vent and staff measured the vent and it would be 20-22 inches away from the structure which would be allowed with a shield. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE REQUEST BY MICHAEL SIZEN FORA SIDE-YARD SETBACK VARIANCE, CASE NO. V 05- 01 WITH THE FOLLOWING CONDITION: 1. THE DECK SHALL NOT BE ENCLOSED OR CONVERTED TO A THREE/FOUR SEASON PORCH OR AN ADDITION TO THE HOME. MOTION FAILED 3-2. Mayor Klinzing, Councilmember Dietz, and Councilmember Motin opposed. 6.4. Request by Rock Solid Real1qT !]to Touchette) for Simple Plat Approval (Orono Commons). Public Hearing - Case No. P 05-05 6.5. Request by Rock Solid Realo/!]t. Touchette) for Conditional Use Permit for Outdoor Storage. Public Hearing - Case No. CU 05-11 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker indicated that Rock Solid Realty is requesting approval for a simple plat for one industrial lot and a conditional use permit for outdoor storage. Mr. Harlicker reviewed the existing site conditions, surrounding land uses, and staff's recommendations for screening, wedand setback, runoff, water main, and platting of the property. Mayor Klinzing opened the public hearing. Ron Touchette, Rock Solid Realty, representing the applicant - reviewed the scope of the project. He stated that the applicant will be constructing industrial condos that will draw small businesses and will be an affordable alternative to home businesses. Mr. Touchette commended city staff for working with him and the applicant on alternatives to the project which has saved the applicant money. He stated that this is a $2 million project being funded solely by the property owner and that any assistance the city could give with the costs of cleaning up the area or waiving park dedication and surface water management fees would be helpful. Mr. Touchette asked that staff's recommendation that the storage area be limited to the diagonal parking area be considered at a later date as it is unclear what the tenant's needs for parking will be and he would like to keep the drive aisle by the storage open. Jerry McChesney, McChesney Industrial, 12777 Meadowvale Road - indicated that he has three concerns: 1) whether or not the parking is adequate for the number of people occupying this space; 2) if the area will allow movement for semi-trailers; and 3) if there is soil contamination and if the wedands have been rectified. There being no one else to speak on this issue, Mayor Klinzing closed the public hearing. Mr. Touchette responded to Mr. McChesney's concerns. He stated that there will be ample parking as there is enough space to triple the number of parking spaces shown. He stated that the drive aisles were designed for a 52-foot semi and will be more than adequate, and that extensive site investigations and soil borings have been completed and there is no . . . City Council Minutes June 20, 2005 Page 10 indication that any hazardous contamination has taken place. He also stated that the city's environmental staff has been out and wetland delineation is complete. Mr. Harlicker indicated that the project will still be subject to site plan review and parking requirement discussions will take place at that time. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE SIMPLE PLAT REQUEST BY ROCK SOLID REALTY, CASE NO. P 05-05 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION IN THE AMOUNT OF $10,760 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $5,306.83 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. ALL COMMENTS OF SHERBURNE COUNTY DEPARTMENT OF PUBLIC WORKS SHALL BE ADDRESSED. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY ROCK SOLID REALTY FOR A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, CASE NO. CU 05-11 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER, WHICH ARE APPLICABLE TO THE CUP FOR OUTDOOR STORAGE, SHALL BE ADDRESSED. 2. SCREENING SHALL BE INSTALLED ALONG THE PROPERTY LINES, ADJACENT TO THE PROPOSED OUTDOOR STORAGE. 3. A WETLAND DELINEATION WILL HAVE TO BE PROVIDED AND THE WETLAND BOUNDARY ACCURATELY SHOWN ON THE SITE PLAN. 4. THE PAVED AREAS SHALL BE SETBACK A MINIMUM OF 20 FEET FROM THE WETLAND OR AS OTHERWISE APPROVED BY STAFF. 5. NO RUNOFF FROM THE STORAGE AREA SHALL FLOW DIRECTLY INTO THE WETLAND. 6. ALL COMMENTS OF THE FIRE CHIEF SHALL BE ADDRESSED. . . . City Council :Minutes June 20, 2005 Page 11 7. THE WATER LINE SHALL BE EXTENDED FROM THE FIRE HYDRANT, TO THE WEST BOUNDARY OF THE PROPERTY. 8. THE PROPERTY SHALL BE PLATTED. 9. THE STORAGE AREA WILL HAVE TO BE AN ACCESSORY USE TO THE OFFICE/WAREHOUSE BUILDING. 10. OUTDOOR STORAGE ON THE EAST SIDE OF THE BUILDING SHALL BE REDUCED TO INCLUDE ONLY DIAGONAL PARKING SPACES. 11. A 20-FOOT CLEAR DRIVE AISLE SHALL BE MAINTAINED AROUND THE BUILDING. MOTION CARRIED 5-0. Councihnember Morin questioned if landfill abatement funds could be used to help with the cost of the site cleanup. He stated that he would like to see the city contribute $10,000 or so if these funds are available since this project will take care of a blighted area in the city. City Administrator Pat Klaers indicated that he will check with Building and Environmental Administrator Stephen Rohlf to see if landfill abatement funds could be used. 6.6. Request by STM III to Amend PUD Agreement for Elk River Crossing (signage). Public Hearing- Case No. CD 05-10 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker indicated that the applicant is requesting that the PUD agreement for Elk River Crossing be amended to allow wall signs on two sides of the Taco Johns' building. Mr. Harlicker stated that the current agreement allows one wall sign and a freestanding sign and the applicant would like to eliminate the freestanding sign and allow wall signs on the north and south elevations for the interior tenants and three wall signs for the end cap tenants. Mr. Harlicker noted that this request is similar to the agreements for other multi-tenant buildings on Zane Street. 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 FARBER TO APPROVE THE REQUEST BY STM DEVELOPMENT TO AMEND THE PUD AGREEMENT FOR ELK RIVER CROSSING, CASE NO. CU 05-10 WITH THE FOLLOWING CONDITIONS: 1. WALL SIGNS SHALL BE SIZED AND LOCATED IN THE SPACES SHOWN ON THE BUILDING ELEVATIONS, DATED 9/27/04. 2. CAPITAL LETTERS SHALL NOT EXCEED 36" HIGH AND LOWER CASE LETTERS SHALL NOT EXCEED 24" HIGH. 3. END CAP TENANTS SHALL BE ALLOWED UP TO THREE WALL SIGNS, ONE ON EACH SIDE OF THE BUILDING, IN LIEU OF A MONUMENT SIGN. MOTION CARRIED 5-0. . . . City Council Minutes June 20, 2005 Page 12 6.7. Resolution 05-70 Approving Land Use Agreement to Change Land Use from UR (Orban Residential) to HE (Highway Business). Requested by Zylstra Harley Davidson. Public Hearing - Case No. LU 05-02 Ordinance 05-13 Approving Zone Change from Rlc (Single Family Residential) to PUD (planned Unit Development). Requested by Zylstra Harley Davidson. Public Hearing - Case No. ZC 05-02 6.8. Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that Zylstra Harley Davidson is requesting that the land use designation for Outlot A, Hillside Estates 9th Addition be changed from Urban Density Residential to Highway Business and that the zoning on the property be changed from Single Family Residential to Planned Unit Development in order for the parcel to be guided and zoned in one district. Mayor Klinzing opened the public hearing. Arthur Jackett, 19435 Dodge Street - indicated his concern is that residential areas are being turned into commercial areas due to rezoning. There being no one else to speak on the issue, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned if Outlot A was the buffer in the original plat and if the rezoning of Outlot A will affect the buffer. Mr. Harlicker indicated that the zone change will not affect the buffer as the lot is not buildable. Councilmember Morin questioned if the lot is not buildable why the need for rezoning. Mr. Harlicker indicated that the rezoning is a housekeeping issue so that one lot does not have two different zoning classifications. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-70 APPROVING THE REQUEST BY ZYLSTRA HARLEY DAVIDSON TO AMEND THE COMPHREHENSIVE PLAN TO CHANGE THE LAND USE OF OUTLOT A, HILLSIDE ESTATES 9TH ADDITION FROM UR (URBAN RESIDENTIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 05-02 WITH THE FOLLOWING CONDITION: 1. THAT A 50 (FIFTY) FOOT VEGETATION BUFFER BE MAINTAINED ON THE PROPERTY ALONG THE ADJACENT RESIDENTIAL DEVELOPMENTS. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-13 APPROVING THE REQUEST BY ZYLSTRA HARLEY DAVIDSON TO AMEND THE CITY OF ELK RIVER ZONING MAP TO REZONE OUTLOT A, HILLSIDE ESTATES 9TH ADDITION FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 05-02. MOTION CARRIED 5-0. . . . City Council Minutes June 20, 2005 Page 13 6.9. Request by City of Elk River for Conditional Use Permit for Modifications to Public Works Site: Salt/Sand and Storage - Case No. CU 05-07 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg indicated that the City of Elk River is requesting approval of a conditional use permit to construct salt/sand and cold storage buildings and approval of the modifications to the Public Works site at 19000 Proctor Road. Mr. Leeseberg provided a project overview and discussed parking and circulation, landscaping, grading, drainage, and utilities. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the Public Works expansion will infringe on the baseball fields. Street Superintendent Phil Hals indicated that the expansion will require the closure of ball field #3. Mr. Hals stated that the field was originally scheduled to be closed this year but it was postponed until the School District completed their new fields. He noted that the city Parks and Recreation Department is confident that there will be adequate ball fields for use in the future. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE CITY OF ELK RIVER'S REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT SALT /SAND AND COLD STORAGE BUILDINGS AND OF THE MODIFICATIONS TO THE PUBLIC WORKS SITE AT 19000 PROCTOR ROAD, CASE NO. CU 05-07 WITH THE FOLLOWING CONDITIONS: 1. THE BUILDINGS SHALL COMPLY WITH APPLICABLE BUILDING AND FIRE CODES. 2. FENCING SHALL BE OPAQUE OR SCREENED ON THE NORTH AND WEST SIDES. MOTION CARRIED 5-0. Street Superintendent Phil Hals indicated that advertisement for bids for the buildings and cast-in-place concrete foundations is being published for bid opening on July 14, 2005 and is scheduled to be reviewed by the Council on July 18, 2005. Mr. Hals also indicated that at the May 2, 2005 Council meeting, Council authorized staff to proceed with the site grading. He stated that staff received quotes from Big Jon's Construction Company and Brenteson Companies for the clearing and grubbing, pond excavation, and demolition of the west bunker building which are the major components of the contracted site grading. Mr. Hals stated that Big Jon's submitted the lowest quote with a per hour bid not to exceed $20,000. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ACCEPT THE QUOTE OF AN AMOUNT NOT TO EXCEED $20,000 RECEIVED BY BIG JON'S CONSTRUCTION COMPANY FOR CLEARING AND GRUBBING, POND EXCAVATION, AND DEMOLITION OF THE WEST BUNKER BUILDING FOR THE PUBLIC WORKS SITE. MOTION CARRIED 5-0. . . . City Council Minutes June 20, 2005 Page 14 6.10. Ordinance 05-14 Approving Zone Change for Multiple Parcels. Requested by the City of Elk River. Public Hearing Case No. CU 05-01 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson indicated that the City Council is asked to consider rezoning nine parcels within the City of Elk River in order to achieve consistency between the adopted Land Use Map and the Zoning Map. Ms. McPherson stated that the rezoning will not include parcels within the Commercial Reserve or the Old Town land use areas. Ms. McPherson noted that the Planning Commission considered this request and continued consideration of Parcels 6 and 8 for further study. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned if individual property owners were notified of this request. Ms. McPherson indicated that the public hearing notice was published in the paper which details each change in zoning by parcel and that the city is not required to notify each property owner individually for this type of request. Councilmember Farber stated that he would like the owners of Parcel #2 and #3 to be formally notified as they have shown an interest in wanting to know about upcoming projects within the city. Councilmember Gumphrey questioned why if one or two property owners are being notified, why the city wouldn't notify all of the property owners. Ms. McPherson stated it would be a significant number of property owners that would need to be notified. Mayor Klinzing indicated that the parcels in this request have been discussed through the entire Comprehensive Plan process but parcels #2 and 3 have changed slightly since the process and so the Specht's should be formally notified. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE TO JULY 18,2005 THE REQUEST BY THE CITY OF ELK RIVER FOR ZONE CHANGES TO PARCELS 6 AND 8 FOR FURTHER PLANNING COMMISSION REVIEW AND PARCELS 2 AND 3 SO THE PROPERTY OWNER CAN BE NOTIFIED. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 05-14 APPROVING THE REQUEST BY THE CITY OF ELK RIVER TO AMEND THE CITY OF ELK RIVER ZONING MAP TO REZONE PARCELS 1, 4, 5, 7, AND 9 AS IDENTIFIED IN THE ORDINANCE, CASE NO. ZC 05-01. MOTION CARRIED 5-0. 6.11. Ordinance 05-15 Approving Amendment to Section 30-01 - Definitions. and Sections 30- 795 - Yard Regulations of the City of Elk River Land Use Regulations. Requested by City of Elk River. Public Hearing - Case No. OA 05-08 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the City of Elk River is requesting an Ordinance Amendment to Section 30-01 ''Definitions'' and Section . . . City Council Minutes June 20, 2005 7.1. Page 15 30-795 "Yard Regulations". Mr. Leeseberg indicated that these are housekeeping amendments suggested by both Building Inspection and Planning staff to clarify the zoning code and ensure consistency with the building code. Mr. Leeseberg reviewed the changes being requested. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-15 AMENDING SECTION 30-01 "DEFINITIONS" AND SECTION 30-795 ''YARD REGULATIONS" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 05- 08. MOTION CARRIED 5-0. 6.12.B. Update on Transportation Issues City Engineer Terry Maurer reviewed a summary of the direction staff received from the City Council on various transportation issues at the June 13 Council worksession as presented in his staff report. Mr. Maurer also reviewed a draft letter to County Engineer Rhonda Lewis rejecting the County's offer on the Turnback Agreement for County Road 40 and expressing the city's understanding that the County will now rebuild the road themselves in a rural nature. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-71 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE DODGE AVENUE IMPROVEMENT FROM 5TH STREET TO APPROXIMATELY 1,000 FEET NORTH. MOTION CARRIED 5-0. 6.13. Request by Larry Hickman for Simple Plat (Administrative Subdivision). Replat of Lot 9. Block 2. Fox Haven - Public Hearing - Case No. P 05-06 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker indicated that the applicant is proposing to split Tract B into two lots and he is requesting a registered land survey for this property as it is Torrens. 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 FARBER TO APPROVE THE REQUEST BY LARRY HICKMAN FOR A SIMPLE PLAT, REPLAT OF LOT 9, BLOCK 2, FOX HAVEN, CASE NO. P 05-06. MOTION CARRIED 5-0. Westbound Staffing Issues: Consider Liquor Clerk 1 Pay Adjustment Finance and Administrative Services Director Lori Johnson stated that in anticipation of the Westbound Liquor Store opening in October, Liquor Store Manager Dave Potvin has reviewed staffing needs at Westbound. Ms. Johnson stated that Mr. Potvin's recommendations are to promote Steve Tillman from liquor store clerk III to assistant liquor store manager at Westbound. She noted that Mike Donais will remain assistant liquor . . . City Council1vfinutes June 20, 2005 Page 16 store manager at Northbound. Ms. Johnson indicated that Mr. Potvin also requested that an additional full time liquor clerk be added for Westbound. Mayor Klinzing questioned if some positions would serve at both store locations. Liquor Store Manager Dave Potvin stated that his office will be at Westbound Liquor but he will continue to manage both stores. Mr. Potvin noted that software was recently purchased that will allow the purchasing for both stotes to be done from Westbound. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE PROMOTION OF STEVE TILLMAN TO ASSISTANT LIQUOR STORE MANAGER AT WESTBOUND LIQUOR EFFECTIVE SEPTEMBER 1, 2005, TO ELIMINATE THE LIQUOR CLERK III POSITION EFFECTIVE SEPTEMBER 1, 2005, AND TO ADD A FULL-TIME LIQUOR CLERK 1 FOR WESTBOUND. MOTION CARRIED 5-0. Ms. Johnson stated that Mr. Potvin is also requesting a change to the part-time liquor clerk pay. She stated that because of recent changes in the city's pay plan, the city's pay for retail clerk exceeds the current market for both private and public retail operations. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE LIQUOR CLERK 1 WAGE ADJUSTMENT AND INCLUDE THE LIQUOR CLERK 1 POSITION AS PART OF THE CITY'S PAY RESOLUTION EFFECTIVE JANUARY 1,2006. MOTION CARRIED 5-0. 7.2. Resolution 05-72 Providing for the Issuance and Sale of the City's $1 200.000 Liquor Store Revenue Bonds Series 2005C: Fixing its Form and Specifications: Directing its Execution and Delivery: and Providing for its Payment Finance and Administrative Services Director Lori Johnson stated that $1,200,000 in revenue bonds are being issued to pay for the construction of Westbound Liquor. She indicated that the bonds are being purchased by The Bank of Elk River and First National Bank of Elk River with each bank taking $600,000 at an interest rate of 4.5% for a ten year term with final maturity in 2015. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-72 PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $1,200,000 LIQUOR STORE REVENUE BONDS, SERIES 2005C; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT. MOTION CARRIED 5-0. 7.3. NCDA Update Councilmember Motin provided an update of the Northstar Corridor Development meeting held on June 2, 2005. 7.4. Utilties Commission Update Councilmember Dietz provided an update of the Elk River Municipal Utilities meeting held June 14,2005. . . . City Council Minutes June 20, 2005 Page 17 7.5. Library Board Update Counci1member Dietz provided an update of the Library Board meeting held May 24, 2005. 7.6. Call Special Ci1;y Council Meeting for June 27. 2005. 6:30 p.m. to Meet with Sathe Executive Search (Greg Albrecht) Regarding the Communi1;y Development Director Position City Administrator indicated that the City Council should consider calling a special meeting for Monday, June 27, 2005 in order to meet with Greg Albrecht from Sathe Executive Search to discuss the status of the community development director selection process. It was also the consensus of the Council to add the downtown project discussion to this special meeting agenda. Counci1member Gumphrey requested that the meeting time be changed to 7:00 p.m. as he has a conflict and will not be able to make it at 6:30 p.m. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO CALL A SPECIAL CITY COUNCIL MEETING FOR MONDAY, JUNE 27, 2005 AT 7:00 P.M. TO MEET WITH GREG ALBRECHT OF SATHE EXECUTIVE SEARCH REGARDING THE STATUS OF THE COMMUNITY DEVELOPMENT DIRECTOR POSITION AND TO MEET WITH vERN HANSON OF METRO PLAINS TO DISCUSS THE DOWNTOWN REVITALIZATION PROJECT. MOTION CARRIED 5-0. 8. Other Business There was no other business. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. Minutes prepared by Jessica Miller. ~ ~ pi /1-.1- /P~