03-19-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MARCH 19, 2001
Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
Members Absent: None
Staff Present: City Administrator Pat Klaers, Director of Planning Michele
McPherson, Senior Planner Scott Harlicker, City Engineer Terry
Maurer, City Clerk Sandra Peine, City Attorney Peter Beck, and
Building and Zoning Administrator Steve Rohlf
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:00 p.m. by Mayor Klinzing.
2. Consider 3/ 19/2001 Agenda
COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER
KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent Agenda
COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3/12/01 CITY COUNCIL MINUTES - POSTPONED TO MARCH 26, 2001
3.2.
REQUEST BY TARGET STORES FOR A GENERAL PLANNING PERMIT FOR A
TEMPORARY GREENHOUSE/GARDEN CENTER AT 19146 FREEPORT STREET -
APPROVED
3.3.
REQUEST BY CITY OF ELK RIVER FOR .ORDINANCE AMENDMENT TO ADD
DEFINITION OF ANIMAL NUTRITION AND AGRICULTURAL RESEARCH AND
ESTABLISH AN AR (AGRICULTURAL RESEARCH) DISTRICT, PUBLIC HEARING -
CASE NO. OA 00-8 - POSTPONED TO APRIL 16, 2001
3.4.
REQUEST BY CITY OF ELK RIVER FOR LAND USE AMENDMENT FOR A PORTION
OF CARGILL PROPERTY, PUBLIC HEARING - CASE NO. LU 00-6 - POSTPONED
TO APRIL 16, 2001
3.5.
REQUEST BY CITY OF ELK RIVER FOR REZONING OF A PORTION OF CARGILL
PROPERTY TO AGRICULTURAL RESEARCH DISTRICT, PUBLIC HEARING -CASE
NO. ZC 00-7 - POSTPONED TO APRIL 16, 2001
3.6.
REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO AMEND
DEFINITIONS OF GOVERNMENT FACILITIES, GOVERNMENT OFFICES, AND TO
AMEND CONDITIONAL USES IN THE RESIDENTIAL DISTRICTS, PUBLIC HEARING
- CASE NO. OA 01-03 - POSTPONED TO APRIL 16, 2001
3.7.
REQUEST BY HOYT PARTNERS FOR LAND USE PLAN AMENDMENT (MR TO LI),
PUBLIC HEARING - CASE NO. LU 01-01 - POSTPONED TO APRIL 16, 2001
City Council Minutes Page 2
March 19, 2001
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3.8. REQUEST BY HOYT PARTNERS FOR ZONE CHANGE (R1A TO BP), PUBLIC
HEARING - CASE NO. ZC 01-01 - POSTPONED TO APRIL 16, 2001
3.9. PAY ESTIMATE #5 TO HARDRIVES, INC. IN THE AMOUNT OF $41,053.44 FOR
WORK ON THE EASTERN AREA PHASE III IMPROVEMENTS - APPROVED
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1. Community Recreation Update
Councilmember Motin presented an update on Community Recreation activities.
4.2. Utilities Commission Update
Councilmember Dietz presented an update of recent Utilities Commission
activities. He noted that the Utilities are still searching for a site for the water
tower. He further noted that discussion took place regarding the Utilities need for
a mechanic and the possibility of sharing this position with the City. Another issue
discussed included the policy issue of hooking up to city water.
4.3. Northstar Corridor Update
Senior Planner Scott Harlicker presented an update on the March 1, 2001 NCDA
meeting. He noted that the main issues discussed were the reorganization of the
NCDA, the location of the maintenance facility, and legislative issues.
4.4. Park and Recreation Commission Uc.date
Director of Planning Michele McPherson presented an update on recent Park
and Recreation Commission activities.
4.5. Re.::uest to Hire Park Planner/Planner
Director of Planning Michele McPherson requested approval to hire Chris
Leeseberg for the position of Park Planner/Planner at a starting wage of $40,500
per year. She stated that a time -spent analysis would be completed during the
six-month orientation period in order to determine what grade the position would
be placed at.
COUNCILMEMBER MOTIN MOVED TO HIRE C,HRIS LEESEBERG FOR THE POSITION OF
PARK PLANNER/PLANNER EFFECTIVE APRIL 9, 2001, AT A STARTING WAGE OF
$40,500 PER YEAR, WITH A COST OF LIVING INCREASE JANUARY 2002, AND A STEP
INCREASE IN JULY 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.6. Downtown Sidewalk Replacement Proiect - Public Hearing/Assessment Hearing
A. Resolution Ordering the Improvement and Preraaration of Plans and
Specifications
B. Resolution Approving the Plans and Specifications and Ordering the
Advertisement for Bids
C. Resolution Adopting Final Assessment Roll
City Council Minutes
March 19, 2001
Page 3
Mayor Klinzing noted that the public hearing and assessment hearing for the
downtown sidewalk replacement project would be held concurrently.
City Engineer Terry Maurer gave a presentation of the project. He noted that the
scope of the project is to consider the replacement of the downtown red
sidewalks with concrete pavers. Terry reviewed the project costs, methods of
financing and the project schedule. He indicated that the total project cost was
$290,100 with $58,500 to be assessed. He noted that individual assessments were
determined by a 50% unit cost plus 50% front footage cost. Terry informed those
present that in order to preserve the right to appeal the assessment, the property
owner must submit a written objection to the Mayor or City Administrator at or
before the assessment hearing.
Mayor Klinzing opened the public hearing and the assessment hearing.
Al Nadeau, 611 Main Street, had a question regarding the possibility of paying the
assessment off early. Terry Maurer suggested that he contact the City Finance
Director.
There being no other comments, Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-13 ORDERING THE
IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER
OF THE DOWNTOWN SIDEWALK REPLACEMENT IMPROVEMENT OF 2001.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-14 APPROVING THE
PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE
MATTER OF THE DOWNTOWN SIDEWALK REPLACEMENT IMPROVEMENT OF 2001.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-15 ADOPTING THE
FINAL ASSESSMENT ROLL FOR THE DOWNTOWN SIDEWALK REPLACEMENT
IMPROVEMENT OF 2001. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The City Administrator noted that the utilities would be funding about $20,000 of
this project and then the HRA would be paying the balance of the project that is
not assessed. Discussion was held regarding the timing of the project. It was the
consensus of the council that the project be done as soon as possible.
5. Open Mike
Jamie Thelen, 18894 Dodge Street, Country Inn and Suites - Mr. Thelen spoke to a
couple of issues relating to the 20 foot easement given to the city for the
pedestrian bridge. He noted that trash is becoming an issue and requested a
trash barrel on the Country Inn and Suites side of the bridge. He also noted that
people are leaving the trail and trespassing onto the Country Inn and Suites
property. He requested a fence or hedge to prevent trespassing. The City
Administrator noted that staff would be in contact with Mr. Thelen regarding
these issues.
City Council Minutes Page 4
March 19, 2001
6.1. Request by the City of Elk River for Ordinance Amendment to Add Re,-iulations for
Lawn Fertilizer Application, Case No. OA 01-02
Building and Zoning Administrator Steve Rohlf indicated that the city is proposing
an ordinance to regulate the application of lawn fertilizer. He noted that the
ordinance is intended to reduce phosphorus in the city's waterways. Steve noted
the ordinance requires commercial applicators to be licensed by the city.
Members of the Lake Orono Water Quality Task Force were present and
encouraged the adoption of the ordinance.
Mayor Klinzing noted that she had received a letter from the City of Shorewood
requesting the city of Elk River to adopt a resolution in support of legislation to
restrict the sale of phosphorus Lawn fertilizers.
The Council discussed the issue of being able to enforce this type of ordinance.
Steve Rohlf indicated that the ordinance would be more of a teaching tool than
a way of enforcement. Discussion was held regarding working with the retailers to
ensure that they will carry phosphorus free fertilizer.
Patrick Plant, 13184 Islandview Drive, member of the Lake Orono Water Quality
Task Force, noted that he has spoke to several of the local retailers regarding this
issue and that most of the retailers can provide this type of fertilizer, however,
some of the retailers would not provide the fertilizer.
COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-02, ADDING SECTION
606 TO THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED LAWN FERTILIZER
APPLICATION CONTROL, CASE NO. OA 01-02. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-16 ADOPTING A FEE
OF $45.00 FOR COMMERCIAL LAWN FERTILIZER APPLICATOR LICENSE FOR 2001.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-17 RELATING TO
RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2. Re. ;uest by Cascade III for Final Plat A�r_.roval_ The Rid ;es of Rice Lake, Case No.
P 01-02
Senior Planner Scott Harlicker noted that Dynamics Design and Land Company is
requesting final plat of Ridges of Rice Lake located on the north side of 2215r
Avenue at the Vernon Street alignment. The plat is a 273-acre cluster plat. Scott
noted that the preliminary plat was approved on February 20, 2001. The
preliminary plat included 70 single-family lots and 211 acres of open space. Scott
indicated that the final plat is consistent with the approved preliminary plat.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-18 GRANTING FINAL
PLAT APPROVAL FOR RIDGES AT RICE LAKE, CASE NO. P 01-02 WITH THE FOLLOWING
CONDITIONS:
City Council Minutes
March 19, 2001
Page 5
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE
PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED.
3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE
CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
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 AMOUNT OF 25% OF THE
IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF
ONE YEAR.
7. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY
ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. OUTLOT A, OTLOT B, OUTLOT D AND OUTLOT R BE PLACED IN A
CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS
ASSOCIATION OR A QUALIFIED LAND TRUST.
13. ALL MAILBOXES BE CLUSTERED.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
15. 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 CLEARING OR
GRADING COMMENCING.
16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
City Council Minutes Page 6
March 19, 2001
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17. THE BITUMINOUS TRAIL SHALL BE INSTALLED BY THE DEVELOPER. A TRAIL
EASEMENT SHALL BE PROVIDE OVER OUTLOT R AND THAT PORTION OF THE
TRAIL ON OUTLOT R SHALL BE 10 FEET WIDE.
18. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED
MEDIANS AND THE LANDSCAPED ISLANDS IN THE CUL-DE-SACS SHALL BE
THE REPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE
INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT.
19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
20. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT INCLUDES FRONT
YARD TREES AND LANDSCAPING DETAILS FOR THE OUTLOTS.
21. OUTLOT C SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION
REQUIREMENTS.
22. A WRITTEN NARRATIVE OUTLINING THE ARCHITECTURAL THEME SHALL BE
COMPLETED AND APPROVED BY THE CITY IN ORDER TO RECEIVE THE DENSITY
BONUS. -
23. OUTLOT G EITHER BE ELIMINATED OR INCORPORATED INTO THE RIGHT-OF-
WAY FOR TIPTON STREET.
24. IF STRUCTURES ARE PLANNED FOR ANY OF THE OUTLOTS AND BUILDING
PERMITS WILL BE NEEDED, THOSE OUTLOTS SHOULD BE PLATTED AS LOTS.
25. THAT A FAIR SHARE CONTRIBUTION TO PAVE 221ST AVENUE BE AGREED TO
BY THE DEVELOPER AND APPROVED BY THE COUNCIL PRIOR TO THE FINAL
PLAT BEING RECORDED.
26. THAT THERE BE A 25 FOOT FRONT YARD SETBACK TO PRESERVE TREES.
27. DEED RESTRICTIONS THAT PROHIBIT TREE REMOVAL ON THE REAR 30 FEET OF
LOTS 1 AND 2, BLOCK 1 BE RECORDED ALONG WITH THE FINAL PLAT.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3. Re uest by Elk River Area Schools for Conditional Use Permit for Senior Hiah School
Parking Lot Expansion, Public Hearing - Case No. CU 0 1 -11
Director of Planning Michele McPherson noted that ISD #728 is requesting a
conditional use permit for the expansion of the senior high school parking lot.
Michele McPherson reviewed the staff report. She noted that the Planning
Commission voted to recommend approval of the request. She also noted that
staff is recommending a second condition for approval that would require
installation of curbing to provide storm water control on site.
Councilmember Dietz questioned whether the parking lot at Vandenberge would
be hard surfaced. Ron Bratlie of ISD #728 indicated that it would be hard -
surfaced. Councilmember Kuester stated that if the parking lot were being
treated similar to a commercial parking lot, then islands would be required. Mr.
City Council Minutes
March 19, 2001
Page 7
Bratlie indicated that there would not be any islands as they interfere with
snowplowing and traffic flow. Councilmember Kuester questioned how the
parking lot would be different if it were compared to a commercial lot in relation
to pedestrian circulation and landscaping. Ms. McPherson informed the council
of the typical requirements for commercial parking lots.
Mayor Klinzing Mayor Klinzing opened the public hearing.
Gary Gadacz, 19764 York Street NW, indicated his concern with the one entrance
and one exit into the parking lot.
There being no further comments, Mayor Klinzing closed the public hearing.
MAYOR KLINZING MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED
BY ISD #728 FOR THE EXPANSION OF THE SENIOR HIGFH PARKING LOT WITH THE
FOLLOWING CONDITIONS:
1. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE
PLAN.
COUNCILMEMBER DIETZ SECONDED THE MOTION.
COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION BY ADDING THE
FOLLOWING CONDITIONS:
1. THAT A 6-INCH IMPOUNDMENT CREATED BY CURBING BE REQUIRED.
2. THAT THE AREA DESIGNATED TO BE REMOVED ACTUALLY BE REMOVED
WITHIN ONE YEAR FOLLOWING THE REMOVAL OF THE TEMPORARY
BUILDINGS FOLLOWING COMPLETION OF THE EXPANSION OF THE SENIOR
HIGH SCHOOL.
3. THAT THE TWO LANES OF PARKING TO THE WEST OF THE HOLDING POND BE
REMOVED.
4. THAT REASONABLE MEASURES BE TAKEN TO BEAUTIFY THE PARKING AREA.
MAYOR KLINZING AND COUNCILMEMBER DIETZ ACCEPTED THE CONDITIONS AS A
FRIENDLY AMENDMENT TO THE MOTION.
THE MOTION CARRIED 4-1. COUNCILMEMBER KUESTER OPPOSED.
6.4. Reauest by Aggfegate Industries for Conditional Use Permit for Gravel Mining.
Public Hearing - Case No. CU 0 1 -06
Building and Zoning Administrator Stephen Rohlf indicated that Aggregate
Industries - North Central Region, Inc., is requesting a conditional use permit to
mine, crush, screen, wash and sell sand and gravel products. Steve reviewed the
staff report on this issue.
Steve noted that the Planning Commission recommended approval of the
request based on the following findings:
City Council Minutes Page 8
March 19, 2001
l . Aggregate Industries' proposal, including their proposed reclamation, is
consistent with the City of Elk River's EIS on Mineral Excavation,
Comprehensive Plan, Mineral Excavation Ordinance and Zoning
Ordinance.
2. The City of Elk River's long range planning anticipated mining as an
interim use on the property in question when it was zoned Mineral
Excavation Overlay Zoning District.
3. The operation will not result in the loss of natural, scenic, or, historic features
of major importance and it does not appear to have the potential for
significant environmental effects.
The conditions placed on the operation adequately protect adjacent
properties and the city from detrimental affects from the operation due to
excessive traffic, noise, odor, smoke, fumes, glare, dust, or vibration.
5. The conditions placed on the operation require it to comply with all
appropriate City, State and Federal requirements.
Mayor Klinzing opened the public hearing.
Steve Josten, 19866 York Street, questioned where the gravel pit would be
located in relation to his property.
There being no further comments Mayor Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST BY AGGREGATE
INDUSTRIES FOR A CONDITIONAL USE PERMIT TO CONDUCT MINING ACTIVITIES
BASED ON THE FINDINGS OF THE PLANNING COMMISSION AND ON THE
CONDITIONS AND STIPULATIONS NOTED IN THE CONDITIONAL USE PERMIT.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.5. Rec. uest by Elk River Lions Club for Shelter Expansion at Lions Parka Public Hearin.-; -
Case No. CU 01-03
Director of Planning Michele McPherson indicated that the Lions Club is
requesting a conditional use permit to allow construction of a 40 ff. x 108 ft.
addition to the existing Lions Park Shelter. Michele noted that it is the intent of the
Lions to provide space for their club to meet, office space for themselves, and
space for the community to use for smaller events. Michele reviewed the staff
report on this issue. She noted that the Park and Recreation Commission and the
Planning Commission recommended approval of the request.
Mayor Klinzing opened the public hearing.
Councilmember Dietz questioned whether this building would be in conflict or
competition with the YMCA proposal. Councilmember Dietz also questioned
whether the city would be required to pay for the proposed building. The City
Administrator noted that the city would not be responsible for paying for the
capital expenses for the building. Councilmember Tveite noted that there is a
City Council Minutes
March 19, 2001
Page 9
need for meeting space. He further noted that if the city would be responsible for
the operation of the building, he would like to see operating costs summarized
prior to making a decision.
Councilmember Motin noted that the Community Recreation Board has not seen
this proposal, but he expects no problems with moving the staff to this site from
the Emporium.
Mayor Klinzing noted that she would like to see how administration of the building
would be handled prior to making a decision.
COUNCILMEMBER TVEITE MOVED TO CONTINUE THIS ISSUE UNTIL APRIL 9, 2001.
COUNCILMEMBER MOTIN SECONDED THE MOTION.
Councilmember Kuester noted that she would like to discuss the operations of the
building prior to making a decision on this issue.
THE MOTION CARRIED 5-0.
6.6. Reauest by Jiffy-Lube/Arrow Sign & Awning for Amendment to a Conditional Use
Permit to Allow. a Free-standing Sin Public Hearin - Case No. CU 01-05
Senior Planner Scott Harlicker noted that Jiffy Lube is requesting an amendment
to the conditional use permit for the Wash and Fill/Jiffy Lube to allow a
freestanding sign for Jiffy Lube located at the southwest corner of the intersection
of Zane and Main Street. Scott reviewed the staff report on this issue. He noted
that the Planning Commission recommended approval of the request.
Mayor Klinzing opened the public hearing.
Jim Schafauser, representing Jiffy Lube was present to answer questions.
There being no one for or against the matter, Mayor Klinzing closed the public
hearing.
COUNCILMEMBER KUESTER MOVED TO APPROVE THE REQUEST BY JIFFY LUBE TO
AMEND THE CONDITIONAL USE PERMIT FOR WASH AND FILL TO ALLOW A
FREESTANDING MONUMENT SIGN WITH THE FOLLOWING CONDITIONS:
1. THE APPLICANT APPLIES FOR A SIGN PERMIT.
2. THE BASE BE WIDENED TO 12 FEET AND THE CABINET FOR THE CHANGEABLE
COPY BE A 3'/2 ` X 12' RECTANGLE.
3. THE BASE OF THE SIGN CONSIST OF THE SAME SPLIT FACED BLOCK MATERIAL
AS THE BUILDING.
4. THE SIGN COMPLIES WITH THE SIGN REQUIREMENTS FOR THE ELK RIVER
CROSSING PUD AGREEMENT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes Page 10
March 19, 2001
6.7. Reauest by S&Z Enterprises for Rezonina from Rl C to PUD. Public Hearin - Case
No. ZC 0 1 -02
6.8. Reguest by S&Z Enter rises for Preliminary Plat West Oaks for 178 Townhouse
Units, Public Hearing, Case No. PO1-03
6.9. Request by S&Z Enterprises for Conditional Use Permit for Site Plan of Townhouse
Develo ment West Oaks Public Hearinci, Case No. CU 01-07
Mayor Klinzing noted that the applicant has requested that to postpone these
items until April 9, 2001. Mayor Klinzing further stated that she would allow staff
and the developer to make a short presentation and then take public comment,
but would not close the public hearing.
George Sanford, S&Z Construction gave a brief description of the proposed
development of the area. Scott Harlicker also commented on the proposal.
Mayor Klinzing opened the public hearing.
Kelly Barry, 1441-5 183rd Avenue NW, stated that he owns 1,700 feet of property
along the western boundary of the proposed plat. He expressed hisconcerns
regarding disturbing the wetland, reduced wildlife, clear -cutting of trees, the
density of the development, and traffic.
Leslie Johnson, 18285 Yankton St. NW, indicated that the proposed plat borders
her property. Ms. Johnson indicated her concern with the possibility of the
townhomes not maintaining their value, the probability of sewer and water
coming to her property, and the financial impact the property will have on her
home daycare business as she will be required to put up a fence due to the
development.
Tim Sladek, 11448 1901/2 Lane, Park and Recreation Representative, indicated
that the Park and Recreation Commission requested that 8 units south of the loop
road be removed for the purpose of park space.
There were no further comments from the public. Mayor Klinzing noted that the
public hearing would remain open until the April 9th meeting.
COUNCILMEMBER KUESTER MOVED TO POSTPONE THIS ISSUE TO THE APRIL 9, 2001,
COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.10. Reauest by Scott Powell for Rezoning from C3 to PUD, Public Hearing, ZC 0 1 -04
6.11. Reauest by Scott Powell for Land Use Amendment from HB (Hiclhway Businessl to
HB and MR Medium Density Residential Public Hearin - Case No. LU 01-03
6.12. Reauest by Scott Powell for Preliminary Plat Approval (Mississippi Ride Public
Hearing - Case No. P 0 1 -06
6.13. Reauest by Scott Powell for Conditional Use Permit for Site Plan of Mississippi_
Ridae. Public Hearing, Case No. CU 01-09
City Council Minutes
March 19, 2001
Page 11
Michele McPherson indicated Scott Powell has requested a rezoning, land use
amendment, preliminary plat, and conditional use permit for a mixed use
planned unit development. The plat consists of 8 commercial lots and 22 town
home units. The property is located west of Highway 10 from 170th to 173rd
Avenues. Ms. McPherson reviewed issues associated with the plat regarding
existing conditions, environmental issues, lot sizes, roads, park dedication, uses,
and setbacks.
Michele noted that the Planning Commission recommended approval of the
requests. City Engineer Terry Maurer talked about access issues and the position
from MnDOT regarding Highway 10 access points. He noted that this is an
opportunity to implement consolidation of access points on east Highway 10. The
possible use of eminent domain by the city was noted.
Mayor Klinzing opened the public hearing.
Scott Powell, applicant, noted his concern with flow and speed of traffic on
Highway 10 and the dangerous condition of the ramp from 169 and Highway 101
onto Highway 10. Mr. Powell also stated his concern regarding the impact that
extending the road to the south will have on the residents in the area.
Ted Saxon noted that he is in favor of the proposal. He also indicated his
concerns with the high speed limit on Highway 10.
Roland Benson, of Hanlon Monument Companies, noted that he has sold his
property to Mr. Powell. He gave a brief history of his company.
Dwight Kirkeide, 11230 173rd Avenue, distributed a letter to the Council.
There being no other comments for or against the matter, Mayor Klinzing closed
the public hearing.
Discussion was held regarding Kirkeide's entrance to his property. It was noted
that he would be provided access and not be assessed for the access.
Councilmembers Motin and Dietz questioned the need to remove the cul-de-sac
and connect the road to 170th Avenue. City Engineer Terry Maurer suggested
that a representative from MnDOT discuss these issues with the council at a later
date.
Councilmember Tveite questioned whether the residential residents have been
notified. Terry Maurer indicated that not all residents would have required a
notice. Mr. Maurer suggested a holding a meeting with the neighboring residents.
COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 01-19 AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS)
TO HB (HIGHWAY BUSINESS) AND MR (MEDIUM DENSITY" RESIDENTIAL), CASE NO. LU
01-03. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
U
City Council Minutes
March 19, 2001
Page 12
COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-03 AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED,
CASE NO. ZC 01-04 WITH THE FOLLOWING CONDITIONS:
THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN
AND ZONING ORDINANCE.
2. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT
USES.
3. THAT THE REZONING WILL ALLOW A MIXED USE (COMMERCIAL AND
RESIDENTIAL) DEVELOPMENT THAT CREATES A LOW -IMPACT RESIDENTIAL
TRANSITION ZONE ADJACENT TO THE MISSISSIPPI RIVER AND EXISTING
RESIDENTIAL PROPERTIES.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT (MISSISSIPPI
RIDGE) AS REQUESTED BY THE DEVELOPER SCOTT POWELL WITH THE FOLLOWING
CONDITIONS: --
1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
2. ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND
ZONING ADMINISTRATOR'S MEMO OF FEBRUARY 27, 2001 BE INCLUDED AND
ADDRESSED.
3. YALE STREET BE CONNECTED TO ZANE STREET ON THE NORTH.
4. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE
PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
G. 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. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
9. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
City Council Minutes Page 13
March 19, 2001
10. A TRAIL EASEMENT BE DEDICATED ALONG THE SOUTH SIDE OF 171ST AVENUE
AND THE EAST SIDE OF YALE STREET TO 170TH AVENUE. ALSO A TRAIL
EASEMENT BE DEDICATED WEST TOWARD THE MISSISSIPPI RIVER.
11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY
ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL MAILBOXES BE CLUSTERED.
16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
17. 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.
18. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
20. PRIOR TO FINAL PLAT APPROVAL DESIGN/DEVELOPMENT GUIDELINES SHALL
BE APPROVED BY THE CITY COUNCIL.
21. ONCE A BUILDER HAS BEEN IDENTIFIED FOR THE TOWNHOMES, A
CONDITIONAL USE PERMIT MUST BE APPROVED FOR THE SITE PLAN AND
TOWNHOME DESIGN OF ALL 22 UNITS PRIOR TO ISSUANCE OF A BUILDING
PERMIT.
COUNCILMEMBER DIETZ SECONDED THE MOTION.
COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO STATE THAT
APPROVAL IS ALSO CONTINGENT UPON EVIDENCE OF A SALES AGREEMENT FOR THE
PROPERTY OWNED BY ROLAND BENSON. COUNCILMEMBER DIETZ SECONDED THE
AMENDMENT. THE AMENDMENT CARRIED 5-0.
THE MOTION AS AMENDED CARRIED 5-0.
COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY SCOTT POWELL FOR THE SITE PLAN OF MISSISSIPPI RIDGE WITH THE
SAME CONDITIONS AS LISTED IN THE PRELIMINARY PLAT. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
March 19, 2001
Page 14
6.14. Reauest by Finn Daniels Architects for a Conditional Use Permit for_Auto-Related
Use and Amendment to Elk Rier Retail Center 2nd Addition PUD to Allow Si na e
for Site f Precision Tune Auto Care Public Hearin - Case No. CU 01-10
Scott Harlicker noted that Finn Daniels Architects (Precision Tune Auto Care) has
requested a conditional use permit for a motor vehicle specialty service station
and additional lease space, and an amendment to the conditional use permit
for Elk River Retail Center PUD to allow a freestanding sign at the location of Lot 2,
Block 1, Elk River Retail Center 2^d Addition. Scott Harlicker reviewed the staff
report on this issue. Scott indicated that proposed location for the monument sign
is located in a city easement. He further indicated that Utilities Superintendent
Bryan Adams has requested that the sign not be located in the easement.
Mayor Klinzing opened the public hearing.
Jamie Thelen of Sand Companies (Country Inn and Suites) indicated that he
supports the project. He also indicated that the Country Inn and Suites are willing
to share parking spaces with Precision Tune.
Mark Finn of Finn Daniels Architects noted that he concurs with staff's
recommendation with the exception of #2 relating to the wall signs. He noted
that it was important to remain consistent with the Precision Tune franchise and
place the sign on the corner of the building using the color and letter styles of the
franchise signage. Scott Harlicker noted that this is not consistent with the PUD
requirements. Mr Finn noted that they would like to have both gray and brown
tone materials on the building.
Dwight Block, 18857 Dodge, noted concerns of the neighbors regarding the
increased amount of traffic, the safety of the children, the berming from Country
Inn Suites, and increased fear of vandalism.
There being no one else to speak for or against the matter, Mayor Klinzing closed
the public hearing.
Councilmember Kuester questioned the number of parking spots in relation to the
proposed shared parking and questioned how future expansion would affect the
shared parking spaces. Councilmember Kuester also noted that she has received
concerns from residents regarding construction hours in relation to noise and a
request for more landscaping.
Councilmember Motin indicated his concern with the developer's request for a
certain franchise color on the corner of the building. The Developer noted that he
would like to maintain the proposed signage, graphics, and color in the awnings.
The Council consented to continue this item until the signage, parking and
building materials could be resolved.
COUNCILMEMBER TVEITE MOVED CONTINUE THIS ISSUE UNTIL MARCH 26, 2001, TO
GIVE STAFF AND THE DEVELOPER TIME TO RESOLVE THE DIFFERENCES REGARDING
PARKING, SIGNAGE AND BUILDING MATERIALS. COUNCILMEMBER KUESTER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes Page 15
March 19, 2001
-------------------------
6.15. Request by city of Elk River for Ordinance Amendment to Amend Sections of the
Cluster Ordinance, Public Hearing - Case No. OA O1-01
COUNCILMEMBER TVEITE MOVED TO CONTINUE THIS ITEM TO THE APRIL 16, 2001,
COUNCIL MEETING. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Other Business
The City Administrator noted that the School Board has canceled the joint
Council/School Board Meeting scheduled for March 26.
COUNCILMEMBER KUESTER MOVED TO CANCEL THE SPECIAL JOINT SCHOOL
BOARD/CITY COUNCIL MEETING FOR MARCH 26, 2001 AT 5:00 P.M.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The City Administrator informed the Council that MnDOT has scheduled a
meeting for the County Road 33/1-lighway 169 interchange. The meeting will be
on March 22, 2001, at 6:00 p.m. Discussion will include the tentative signal.
8. Staff Ui= dates
There were no staff updates.
Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk
River City Council at 1 1:20 p.m.
Sandra Peine
City Clerk
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