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08-15-2005 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 15, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter Beck, Fire Chief Bruce West, Assistant Director of Economic Development Heidi Steinmetz, Finance and Administrative Services Director Lori Johnson, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, and Recording Secretary Tina Allard Also Present: Planning Commissioner Kevin Scott 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 8/15/2005 Agenda City Administrator Pat Klaers added Extension of Environmental Intern position to Other Business. 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 GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 8/1/05 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT 3.4. PERSONNEL COMMITTEE RECOMMENDATIONS AS OUTLINED IN THE STAFF REPORT 3.5. MASSAGE THERAPIST LICENSE TO TIMOTHY HERNDON-SALINA SALON WITH THE CONDITION THAT HE MUST SUBMIT A COPY OF HIS DIPLOMA OR CERTIFICATE OF GRADUATION IN ORDER TO RENEW HIS LICENSE FOR 2006 3.6. 3.2% OFFSALE MALT LIQUOR LICENSE FOR WALMART City Council Minutes Page 2 August 15, 2005 ----------------------------- 3.7. ADOPT RESOLUTION 05-87 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER FROM WALMART FOR NATIONAL NIGHT OUT MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike 5.1.Resolutions Authorizing Execution of a Tax Abatement and Business Subsidy Agreement- Public Hearing A. Medical Extrusion Technologies, Inc. B. Crystal Distribution, Inc. C. Alliance Machine, Inc. D. Classic Acrylics, Inc. Assistant Director of Economic Development Heidi Steinmetz stated the EDA reviewed the use of tax abatement for the four companies listed above and recommended the City Council approve the use of tax abatement. She provided an overview of each of the four companies and the amount of tax abatement for each. Mayor Klinzing opened the public hearing for public comment on all four proposals. There being no one to speak to the issues, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-88 AUTHORIZING THE USE OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT FOR PROVO ENTERPRISES, LLC (ALLIANCE MACHINE INC.). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-89 AUTHORIZING THE USE OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT FOR O’BRIEN HOLDINGS, LLC (CRYSTAL DISTRIBUTION INC.). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-90 AUTHORIZING THE USE OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT FOR MEDICAL EXTRUSION TECHNOLOGIES, INC. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-91 AUTHORIZING THE USE OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT FOR RST CAYO, LLC (CLASSIC ACRYLICS INC.). MOTION CARRIED 5-0. Mayor Klinzing welcomed the four companies to Elk River and thanked them for choosing Elk River for their business needs. City Council Minutes Page 3 August 15, 2005 ----------------------------- 6.1. Request by L& M Development for Land Use Amendment from OS (Open Space) to UR (Urban Residential), Public Hearing-Case No. LU 05-04 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a Land Use amendment from Open Space to Urban Residential for the Pinewood Golf Course. He reviewed the surrounding land uses. He stated the land use designation of Open Space was applied in 1995 to be consistent with the golf course use. Mayor Klinzing opened the public hearing. Greg Tschida, 15580 79 Street, Otsego-Stated he is opposed to the land use change and th distributed a handout stating his reasons. He requested that the city buy the golf course. Andrew Brown, 18260 Yankton Street-Opposed. Stated he is also speaking for Bruce and Jan Anderson, 18261 Yankton Street who are opposed to the land use change. Mr. Brown stated there are covenants between the neighborhood and golf course and the residents are planning on legally enforcing them. Judy Thompson, 14122 182 Avenue-Opposed. She stated she works for the Three Rivers nd District, which manages 5 golf courses and they all make money. Sue Cruise, 14145 182 Avenue-Opposed. nd Dave Bleyhl, 540 8 Street-Opposed. th Mayor Klinzing thanked Mr. Bleyhl for his contribution to the high school golf team. Phil DeRosier, 18298 Yankton Street-Opposed. He questioned if there was a difference in density between the Open Space and the Urban Residential land uses. Mayor Klinzing closed the public hearing. Mayor Klinzing stated it was premature to change the land use designation of the golf course. She stated if the land use were to change it would change the continuity of the area. She stated there is a great potential for recreational opportunities for this area. She is concerned about the adjacent property owner’s rights due to the covenants with the golf course and would like to have discussions with the applicant to see if the golf course could be saved from being turned into a residential neighborhood. Councilmember Motin concurred with Mayor Klinzing and stated it was not necessary to change the land use designation. He stated the current land use designation could give the city more flexibility in requiring the applicant to put in larger residential lots. He stated the residents need to get their attorney to act on the covenants. Councilmember Dietz stated the land use designation should not be changed. He stated the city’s hands are tied because the golf course is zoned residential. He stated he talked with the owner Paul Krause and was told the city could buy the golf course for $4 million, which would be a bargain because he will be getting much more from the applicant. Mr. Dietz stated that Mr. Krause stated he has lost money on the golf course over the last three years. City Council Minutes Page 4 August 15, 2005 ----------------------------- Councilmember Farber concurred with the Council but questioned what would happen to the preliminary plat if the land use designation is not changed. City Attorney Peter Beck stated the Council would still be required to act on the preliminary plat request because the golf course is zoned residential. He stated that according to current case law, for areas outside the metropolitan area, the Comprehensive Plan is an advisory plan and the current zoning of the property has the force of the law. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-92 DENYING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM OS (OPEN SPACE) TO UR (URBAN RESIDENTIAL), CASE NO. LU 05-04 BASED ON THE FOLLOWING FINDINGS: 1.THE OS LAND USE DESIGNATION IS CONSISTENT WITH THE R1C ZONING DISTRICT IN THAT THE GOLF COURSE IS AN OPEN SPACE LAND USE AND IS ALLOWED AS A CONDITIONAL USE IN THE R1C ZONING DISTRICT. 2.THE OS LAND USE IS CONSISTENT WITH THE CURRENT USE OF THE PROPERTY. THE APPLICANT HAS NOT PRESENTED INFORMATION TO SHOW THAT THE OS LAND USE IS NOT APPROPRIATE FOR THIS PARCEL. 3. THE APPLICANT DID NOT SHOW EVIDENCE THE GOLF COURSE WAS NOT ECONOMICALLY VIABLE. MOTION CARRIED 5-0. 6.2. Request by L& M Development for Preliminary Plat (Pinewood Estates 2 Addition), nd Public Hearing-Case No. P 05-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker described the proposed preliminary plat for Pinewood Estates 2 Addition and reviewed the lots, streets, nd landscaping, and the Parks and Recreation Commission’s recommendations. He stated Sherburne County is denying access to Lot 22 from County Road 30 and therefore it should be an outlot. He further stated that staff recommends the cul-de-sac as Street B should have right-of-way platted to County Road 30. Mr. Harlicker stated that Lots 6, 7, and 8 do not meet the lot depth requirements. He stated the Planning Commission and staff recommend that Lots 12-21 of Block 3 be 20,000 sq. ft. in order to be a transition and to be more compatible with the existing neighborhood. (which are 20-25,000 sq. ft.). He stated the applicant has submitted a concept sketch that addressed the three lots that do not meet the minimum lot depth but have not addressed the other recommendations made by staff or the Planning Commission as noted above. Mayor Klinzing opened the public hearing. Andrew Brown, 18260 Yankton Street-Stated he is also speaking on behalf of Bruce and Jan Anderson, 18261 Yankton Street who are opposed. He stated he is opposed to the preliminary plat. He submitted a petition to the city with 358 signatures and distributed City Council Minutes Page 5 August 15, 2005 ----------------------------- more petitions of citizens that are opposed to the plat. He stated he is disappointed in the developers and owner Paul Krause for their approach in handling this project. He stated the plat does not fit in with the existing neighborhood and expressed concerns regarding increased traffic, and school overcrowding. Judy Thompson, 14122 182 Avenue-Opposed. She stated if the plat is approved she will nd have four new neighbors surrounding her property. She expressed concerned about the following issues: 1.Density-Plat does not transition with existing homes 2.Sewer and Water-Does not want to be forced to hook up to sewer and water and be assessed for it. 3.Street Replacement-Still paying assessments for last street improvement and should not have to pay for new street assessments. 4.Capping of wells-Can they use their private wells for lawn irrigation? 5.Outlot maintenance-Who will be responsible? Mr. Maurer stated a well can be kept for lawn watering but would need to have separate piping installed. Ms. McPherson stated questions regarding maintenance should be directed to the applicant but that it is possible for the applicant to establish a homeowner’s association to address maintenance issues. Marilyn Schumacher, 18216 Yankton Street-Opposed. Expressed concerns about the financial impact to existing surrounding neighbors, increased traffic, and impacts to nature. Phil DeRosier, 18298 Yankton Street-Opposed due to high density and school overcrowding. Expressed concerns over the financial impact to existing neighbors. Greg Tschida, 15580 79 Street, Otsego-Opposed. th Faye Sellner, 14099 182 Avenue -Opposed. nd Mayor Klinzing closed the public hearing. Mayor Klinzing stated the Council does not want to lose the Pinewood golf course. She stated she would like to delay consideration of the preliminary plat so the residents could have an opportunity to pursue their legal action. She stated Lots 12-21 of Block 3 should be 20,000 sq. ft. as recommended by the Planning Commission but would like to see the whole plat have 20,000 sq. ft lots. She stated the county is being too restrictive with city street access to county roads and that Street B should extend and connect to County Road 30. She stated the county should not be dictating the city transportation needs. Councilmember Farber questioned if the existing residents would be required to hook up to sewer and water. Ms. McPherson stated no. Councilmember Farber stated it is not good precedence to go around an existing plat to install sewer and water and it would be unfair to require existing homeowners to hook up to City Council Minutes Page 6 August 15, 2005 ----------------------------- sewer and water and pay for it. He stated the plat is not consistent with the surrounding area and existing homeowners paid extra to be on a golf course. Councilmember Farber stated the golf course may not have made a profit because it hasn’t been marketed well. Councilmember Gumphrey stated he is concerned with Street B not being allowed access to County Road 30. He would like to see Lot 22 as part of the park system. He stated he would like to delay action on the plat. City Attorney Peter Beck stated the plat as presented has three non-conforming lots and the Council could deny the plat or continue consideration of the plat and direct the applicant to address the issues outlined by Council. He stated the Council could also approve the preliminary plat with conditions identifying the revisions that must be made by the applicant in the final plat. Councilmember Motin stated the city is not requiring any existing residents to hook up to sewer and water at this time but would like residents to have the ability to hook up at a later date. He stated he is not in favor of the plat as presented but is concerned the city could be involved in a lawsuit with the applicant. He stated the city can push off action on this plat for two months but that the residents need to proceed with their legal action. Councilmember Dietz questioned if the city could require the whole plat to have 20,000 sq. ft. lots. Mr. Beck stated it would be difficult to support 20,000 sq. ft. lots, as the area is zoned R1c, but the city does have the right to not approve a preliminary plat with all lots being at the minimum 11,000 sq., ft. if there are extenuating circumstances. Councilmember Dietz stated this development will not put extra stress on the schools as they are already at capacity because the whole of the Elk River School District is growing rapidly. Councilmember Dietz stated sewer and water should be stubbed in near the existing neighborhood at the applicant’s expense. He questioned if the existing neighborhood street was tore up, who would be responsible for repair expenses. Mr. Maurer stated that the developer would pay for the street repair and that there were never assessments proposed against the existing neighborhood Councilmember Gumphrey questioned if the city could rezone the property to R1d. Mr. Beck stated the Council can’t rezone a property after an application has been submitted to plat it. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THE PRELIMINARY PLAT FOR PINEWOOD ESTATES SECOND ADDITION TO OCTOBER 17, 2005 AND DIRECTED THE APPLICANT TO ADDRESS THE FOLLOWING ITEMS: 1.LOTS 12-21 OF BLOCK 3 SHALL BE 20,000 SQ. FT. 2.STREET B SHALL BE A THRU STREET TO COUNTY ROAD 30. MOTION CARRIED 5-0. City Council Minutes Page 7 August 15, 2005 ----------------------------- Councilmember Farber stated the correct preliminary plat needs to come before the Council in October. Mr. Beck questioned if there were any other items the Council would like resolved prior to the October 17 meeting because the Council will not be able to continue the preliminary plat again due to the 120 day rule. The Council listed the following items: ? Easement for sewer and water ? Maintenance of the outlots ? Trail beyond County Road 30-A 50’ easement still leaves the trail in the ditch. ? Address the three non-conforming lots The Council took a 15 minute recess at 8:05 p.m. 6.3. Resolution for Final Plat of Kliever Lake Fields Third Addition, Requested by Tim Pomerleau, Case No. P 05-09 Senior Planner Scott Harlicker presented the staff report. Mr. Harlicker stated the applicant is requesting final plat for Kliever Lake Fields 3 Addition. He reviewed the plat. rd 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 DIETZ TO ADOPT RESOLUTION 05-93 GRANTING FINAL PLAT APPROVAL FOR KLIEVER LAKE FIELDS 3 ADDITION, CASE RD NO. P 05-09 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.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. 3.THE CITY ENGINEER’S COMMENTS BE INCORPORATED INTO THE PLANS. 4.STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5.A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6.UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE City Council Minutes Page 8 August 15, 2005 ----------------------------- AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 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.WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13.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. 14.TOWNHOUSE ELEVATIONS AND BUILDING DESIGNS SHALL COMPLY WITH THE STANDARDS OF THE R3 ZONING DISTRICT. 15.THE PLAT SHALL BE REVIEWED AGAINST THE APPROVED CONSTRUCTION AND DEVELOPMENT PLANS FOR CONSISTENCY PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 4-1. Councilmember Motin opposed. 6.4.Request by Dennis Wurm for Preliminary Plat (Kingdom Estates 2 Addition), Public nd Hearing-Case No. P 05-11 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting preliminary plat of Kingdom Estates 2 Addition. He reviewed zoning, lot and nd street layout, parking, landscaping, and the recommendations of the Planning and the Parks and Recreation Commissions. He stated that at the Planning Commission meeting a resident spoke regarding drainage issues from Kingdom Estates 1 Addition. Mr. Leeseberg stated a st resident also requested that Olson Street be extended to her property for access but staff is recommending denial due to flood plain issues. City Council Minutes Page 9 August 15, 2005 ----------------------------- Mayor Klinzing stated she was the previous owner of this property but has no current ties to the property. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Farber questioned the need for a paved trail along the Trott Brook when it is not in the Parks Master Plan. He stated trails should not be installed unless the city has a whole trail system in place. He stated the trail would be too close to resident’s back doors. Duane Peterson, Parks and Recreation Commissioner-Stated the Parks Master Plan is currently being updated. He stated that a trail along the Trott Brook throughout all of Elk River is one of the projects the Commission would like to accomplish. He stated the paved trail may seem disconnected now but the Council needs to look ahead at the whole picture. He stated if the Council does not require the paved trail now he would like to see an easement created so if the trail would be possible at a later date. He stated the Commission normally requests sidewalks in a development but decided the trail along the Trott Brook was the preferred alternative. Councilmember Dietz stated these lots were 2 ½ acres and the trail would not be that close to back doors. Mayor Klinzing concurred with Councilmember Farber. Mayor Klinzing stated she is concerned with the county dictating what the city needs for its streets. She stated when the First Addition of Kingdom Estates was approved there were no restrictions or limitation with the County Access Permit. She stated another new development went in on County Road 33 and was not required to put in a turn and a bypass lane (the county is requiring a turn and bypass lane for this plat at the intersection of Olson Street and County Road 33). She stated the county requirements would adversely impact two wetlands. Mayor Klinzing stated this plat is not even directly connected to the county road. Mayor Klinzing stated the city needs to determine their needs for transportation not the county, who is being inflexible and too restrictive. She stated the city needs to stop allowing the county to dictate street issues to the city. Mayor Klinzing stated the county sometimes doesn’t even record the rights-of-way they take and used her existing property as an example. Councilmember Dietz stated he was concerned the Mayor may be partly biased as she used to own the property. He questioned why the drainage issue is not listed as a condition to this plat. He also questioned if there was an issue with the long cul-de-sac. Mr. Maurer stated the drainage issue has been remedied temporarily. He stated there is a condition in his memo stating that the drainage issue must be dealt with prior to any construction beginning on the Second Addition. Mr. Maurer stated the long cul-de-sac is allowed under the provisions of city code. Councilmember Dietz stated the city has never turned down a county recommendation in the past. He stated the bypass is needed due to the amount of truck traffic on the road. He would like to keep the bypass. City Council Minutes Page 10 August 15, 2005 ----------------------------- Councilmember Motin questioned Mr. Maurer’s comment regarding Lot 10 not being a buildable lot. Mr. Maurer stated that the lot line from an adjacent lot could be shifted to make the lot buildable. Councilmember Motin thought the lot lines of the whole development could be shifted rather than the one lot line. He stated he believed the Mayor might be a little attached to the property as she used to own it and due to her ties in the community. Councilmember Farber stated he concurred with the Mayor regarding the county transportation issues. He stated the city has been trying to get the county to fix safety issues on County Road 33 for years and nothing has been done. He stated he is angry with the county for dictating what the city should do and that they are not willing to work together with the city. He mentioned County Road 40 as another example of some of the issues the city has had with the county. Mayor Klinzing stated the city Transportation Subcommittee meets with the county every three months and come to agreement on issues but nothing ever happens with those issues. She stated the city needs to take a more proactive approach with the transportation system. Dan Ehlinger, representing the applicant-Stated he could agree to an easement for a trail but did not feel a paved trail was necessary. He stated it is not fair to put the burden on this developer to make improvements to County Road 33 when he is not even building on the county road. Councilmember Gumphrey stated he doesn’t see how adding 10 lots in this plat will make any more of a difference to the traffic on County Road 33. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE PRELIMINARY PLAT FOR KINGDOM ESTATES 2 ADDITION WITH THE FOLLOWING ND CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED WITH THE EXCEPTION OF THE IMPROVEMENTS REQUESTED AT COUNTY ROAD 33 AND OLSON STREET. 3.A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. City Council Minutes Page 11 August 15, 2005 ----------------------------- 6.PARK DEDICATION SHALL BE IN CASH FOR 14 LOTS. 7.AN EASEMENT BE OBTAINED FOR A FUTURE PARK TRAIL AS INDICATED ON PARK TRAIL EXHIBIT A. 8.THE PLAT SHALL COMPLY WITH THE R1A SETBACK REQUIREMENTS. 9.A SIGN SHALL BE PLACED AT THE 214 AVENUE CUL-DE-SAC TO TH ADVISE FUTURE PROPERTY OWNERS OF ITS TEMPORARY STATUS, AND THAT A FUTURE ROAD CONNECTION IS PLANNED. MOTION CARRIED 4-1. Councilmember Dietz opposed. 6.5. Request by Richard Kurth (Broadway Pizza) for Conditional Use Permit for Outdoor Patio/Liquor Sales, Public Hearing-Case No. CU 05-13 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a Conditional Use Permit to add an outdoor patio to Broadway Pizza and a storage building on the property. Director of Planning Michele McPherson requested a condition be added stating the applicant must update their liquor license and liquor liability insurance. 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 TO BROADWAY PIZZA WITH THE FOLLOWING CONDITIONS: 1.THE PATIO SHALL BE FENCED WITH AN EMERGENCY EXIT GATE WITH REQUIRED EXITING HARDWARE, AS REQUIRED BY CODE. 2.THE ACCESSORY BUILDING SHALL COMPLY WITH ALL BUILDING CODES. 3.THE APPLICANT SHALL UPDATE HIS LIQUOR LICENSE AND LIQUOR LIABILITY INSURANCE POLICY PRIOR TO OPENING THE OUTDOOR PATIO FOR BUSINESS. MOTION CARRIED 5-0. 6.6. Request by American National Bank for Conditional Use Permit to Construct New Bank Facility, Public Hearing-Case No. CU 05-14 Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a Conditional Use Permit to construct a bank near 173 Avenue and Highway rd 10. He discussed the site layout, parking and access, building elevations, and landscaping. City Council Minutes Page 12 August 15, 2005 ----------------------------- Mayor Klinzing opened the public hearing. Jim Raivala Sr.-Stated he would like to see a sidewalk installed on Yale Street to 171 st Avenue so that pedestrians can cross Highway 10 to access the Northstar Commuter Rail facility. Councilmember Gumphrey questioned why a sidewalk wasn’t requested when the NAPA store was brought to the Council for approval. Councilmember Dietz questioned if there was enough of an easement to install a sidewalk and if it would be at city expense. City Engineer Terry Maurer stated there would be enough of an easement and the funding could come from two sources: city reserves or assessments. Ms. McPherson stated a sidewalk hadn’t been considered previously due to concerns about pedestrian safety along the commercial area and the highway. Councilmember Motin questioned the benefit of installing a sidewalk when there is not much pedestrian traffic movement through the area. Terry Krowski, applicant-Stated he believed the sidewalk issue was already addressed as part of the Planned Unit Development Agreement. He stated he was not interested in paying for a sidewalk if other businesses in the area would not have to pay. He also expressed concerns with the landscaping plan as there are numerous plantings that are intended to screen the residential area from the businesses where the proposed sidewalk would be installed. Mayor Klinzing closed the public hearing. The Council felt there was enough right-of-way for the city to install a sidewalk at a future date if needed. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A CONDITIONAL USE PERMIT TO AMERICAN NATIONAL BANK WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.THE SOUTH ACCESS AND SOUTH PARKING AREA SHALL BE SHARED WITH THE ADJACENT PARCEL. 3.THE LANDSCAPE PLAN SHALL BE REVISED TO INCLUDE THE SIZE OF TREES AND INCLUDE A NOTE THAT ALL LANDSCAPED AREAS SHALL BE SODDED AND IRRIGATED. SOME OF THE TREES PROPOSED ALONG 173 AVENUE RD SHALL BE MOVED TO YALE STREET TO PROVIDE ADDITIONAL SCREENING. City Council Minutes Page 13 August 15, 2005 ----------------------------- MOTION CARRIED 5-0. 6.7. Request by A&R Land Development for Simple Plat (Meadowvale), Public Hearing-Case No. P 05-10, Continued from August 1, 2005 Meeting Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting an Administrative Subdivision to subdivide a 31.73 acre parcel into three lots. He discussed zoning, lot layout and size, and the Board of Adjustments Variance approval. Mr. Leeseberg stated there had been a property line dispute regarding half an acre of land along a ditch, which has since been resolved. He distributed a letter from the property owner regarding this issue. 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 APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL STRUCTURES ON LOT 2 SHALL BE REMOVED PRIOR TO A NEW RESIDENTIAL STRUCTURE BEING BUILT OR AFTER ONE YEAR AFTER THE SUBDIVISION IS RECORDED, WHICH EVER HAPPENS FIRST. 3.PARK DEDICATION FEES FOR THREE LOTS SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 4.SURFACE WATER MANAGEMENT FEES FOR THREE LOTS SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 5.ALL COMMENTS OF SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. MOTION CARRIED 5-0. 6.8. Request by Goetz/Gilbert for Easement Vacation, Public Hearing-Case No. EV 05-08 This item is continued to September 19, 2005. 6.9. Request by Goetz/Gilbert for Administrative Subdivision, Public Hearing-Case No. AS 05- 02-Tabled from July 18, 2005 meeting Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting an Administrative Subdivision to subdivide a 5.74 acre parcel into two lots. He discussed lot size, lot layout, and the Parks and Recreation Commission’s recommendation. City Council Minutes Page 14 August 15, 2005 ----------------------------- 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 FARBER TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.PARK DEDICATION FEES FOR ONE LOT 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. MOTION CARRIED 5-0. 6.10. Request by City of Elk River for Ordinance Amendment to Section 30-895 and 30-1294, Public Hearing-Case No. OA 05-11 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson requested the City Council consider an Ordinance Amendment to change the parking setback requirements and use and setback requirements to the Business Park District Standards. She reviewed the proposed changes to the parking standards, the underlying district use standards, and building setback requirements as outlined in her staff report. 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 05-19 AMENDING SECTIONS 30-895, PARKING, 30-1294-BP BUSINESS PARK DISTRICT AND 30-1311, DIMENSIONAL REGULATIONS OF THE CITY CODE OF ORDINANCES, CASE NO. OA 05-11. MOTION CARRIED 5-0. 6.11. Consider Resolution for Final Plat, Northstar Business Park, Requested by City of Elk River-Case No. P 05-12 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the Economic Development Authority is requesting final plat of Northstar Business Park. She discussed the streets and lot layout and the Parks and Recreation Commission’s recommendations. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-94 GRANTING FINAL PLAT FOR NORTHSTAR BUSINESS PARK, CASE NO. P 05-12 WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 15 August 15, 2005 ----------------------------- 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.CASH SHALL BE PAID FOR PARK DEDICATION FOR THE DEVELOPABLE ACRES. MOTION CARRIED 5-0. 6.12. Resolution to Amend the Elk River Land Use Map to Change the Land Use of Parcel #6 from Light Industrial to High Density Residential; and Parcel #8 from High Density Residential to Community Commercial as Requested by City of Elk River, Public Hearing- Case No. LU 05-03 6.13. Consider Ordinance for Rezoning of Parcel #6 and Parcel #8 as Requested by City of Elk River, Public Hearing-Case No. ZC 05-01 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the Council is asked to consider a Land Use Amendment recommended by the Planning Commission for Parcels #6 and #8 as they reviewed the zone change request, ZC 05-01. She reviewed the location and current zoning of the two properties as noted. She recommended withdrawing the request for rezoning of Parcel #6 from R3 (Townhomes) to I1 (Light Industrial) as the Planning Commission felt that the land use for this parcel should be high density residential instead of light industrial and act as a buffer between industrial and townhomes.. Mayor Klinzing opened the public hearing for both Case No. LU 05-03 and ZC 05-01. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned what type of uses could be considered under the Community Commercial designation. Ms. McPherson stated it is the least intensive commercial designation of the city and is geared toward neighborhood service types of uses. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-95 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FOR PARCEL #6 FROM LIGHT INDUSTRIAL TO HIGH DENSITY RESIDENTIAL, CASE NO. LU 05-03 AND TO APPROVE THE LAND USE CHANGE FOR THE WEST 1/3 OF PARCEL # 8 TO COMMUNITY COMMERCIAL. MOTION CARRIED 5-0. ------------------------- MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO WITHDRAW THE ZONE CHANGE FOR PARCEL 6 AS THE CURRENT ZONING OF R3, TOWNHOMES, IS CONSISTENT WITH THE NEW LAND USE DESIGNATION. MOTION CARRIED 5-0. City Council Minutes Page 16 August 15, 2005 ----------------------------- MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 05-20 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE PROPERTY DESCRIBED AS PARCEL #8 FROM SINGLE FAMILY RESIDENTIAL TO MULTIPLE FAMILY RESIDENTIAL, CASE NO. ZC 05-01. MOTION CARRIED 5-0. Councilmember Motin stated these changes were made in order to clear up zoning discrepancies between the Land Use Map and the Comprehensive Plan and questioned whether the city should consider reviewing all parcels in Elk River that are designated as Open Space to see if the land use or zoning needs to be changed. Ms. McPherson stated staff will review this issue. -------------------------------------- Ms. McPherson thanked the Council for her six years of service with the City of Elk River and having the opportunity to work with the City Council. Mayor Klinzing thanked Ms. McPherson for a wonderful job and stated it was a pleasure serving with her. 7.1.Public Works Improvement Project-Consider Bids for Bituminous Work, Cold Storage Building, and Salt Storage Building Street Superintendent Phil Hals distributed a handout with bid information for this project. Mr. Hals recommended the bid from Structural Buildings of Becker in the amount of $93,694.00 for the cold storage building (includes alternative #2) and the bid from Universal Paving for the base and bituminous paving of the Public Works site in the amount of $227,480.00 as highlighted in his staff report. Mr. Hals recommended waiting on the bids for the salt storage building to see if the Planning Commission and the City Council would allow an engineered fabric structure in the I1 (Light Industrial) zone. Discussion was held on the construction material and size of the buildings. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ACCEPT THE FOLLOWING BIDS WITH FUNDING TO COME FROM THE GOVERNMENTAL BUILDING RESERVE FUND: 1.STRUCTURAL BUILDINGS $93,694.00 2.UNIVERSAL PAVING $227,480.00 MOTION CARRIED 5-0. 7.2. Resolution Accepting Cliff Anderson as a Member of the Public Employees Police and Fire Plan City Council Minutes Page 17 August 15, 2005 ----------------------------- Fire Chief Bruce West stated that the legislature has approved that fire inspectors be allowed to change from the PERA Coordinated Plan to the PERA Police and Fire Plan. He reviewed how this would affect the city and the employee financially. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-96 ACCEPTING CLIFF ANDERSON AS A MEMBER OF THE PUBLIC EMPLOYEES POLICE AND FIRE PLAN. MOTION CARRIED 5-0. 7.3. NCDA Update Councilmember Motin provided an update of the Northstar Corridor Development meeting held on August 4, 2005. 7.4. Ice Arena Update-Councilmember Farber Councilmember Farber provided an update of the Ice Arena meeting held on August 2, 2005. Mr. Klaers added that construction of the ice arena manager’s office construction project has been approved with funds to come from the Governmental Buildings Reserve. 8.Other Business City Administrator Pat Klaers stated the city would like to extend the Environmental Intern position another two months in order to assist Environmental Technician Rebecca Haug, who is back from maternity leave on a part time basis. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO EXTEND THE ENVIRONMENTAL INTERN POSITION TO OCTOBER 19, 2005. MOTION CARRIED 5-0. 9. Staff Updates City Administrator Pat Klaers stated the Police Chief distributed parking stickers to downtown businesses today and that parking enforcement would begin tomorrow. ------------------------------- City Administrator Pat Klaers questioned if the preliminary plat for Pinewood Golf Course could have been denied and then rezoned from R1c to R1d by the city in order to get a better plat from the applicant as he is currently not legally bound to do anything other than the minimum lot size of 11,000 sq. ft. City Attorney Peter Beck stated the applicant is not entitled to all the lots that can fit into the plat at 11,000 sq. ft. Mr. Beck also stated the applicant is not entitled to developing a plat that has nonconforming lots. He stated the city has flexibility in determining lot size in order to fit in with the existing neighborhood. He provided the example of the proximity of the very large existing lots being adjacent to the proposed 11,000 sq. ft smaller lots and that the city could make the proposed lots a more compatible size. City Council Minutes Page 18 August 15, 2005 ----------------------------- Mr. Klaers stated a concern he had with the denial of the plat was that the applicant submitted a concept plan that was consistent with the city’s ordinance. Mr. Beck stated the drawing submitted was only a concept sketch and did not meet the criteria for a preliminary plat. Mr. Beck stated the Council could consider a motion to reconsider the continuation motion of the Pinewood Estates Second Addition preliminary plat at this meeting or the next regular meeting of the City Council. Mayor Klinzing questioned if rezoning the property would solve any of the issues with the Pinewood Estates Second Addition preliminary plat. She stated the city could be sending the wrong message to the applicant that the adjacent lots could be 14,000 sq ft. instead of the 20,000 sq. ft. recommended by the Planning Commission. Mayor Klinzing stated the idea of the continuation motion was to give residents time to submit their lawsuit regarding the covenants and to allow the applicant time to rework the preliminary plat. She stated the Council could still deny the plat on October 19 and then rezone the property to R1d. Mr. Beck stated the city’s grounds for denial could be thin if the applicant puts the concept sketch into a preliminary plat and the plat meets all city requirements. Councilmember Motin stated the residents need to take action to enforce their covenants. Mayor Klinzing expressed concern about taking action to reconsider the Pinewood preliminary plat tonight without the residents being present. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:25 p.m. Minutes prepared by Tina Allard _____________________ Joan Schmidt City Clerk