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01-17-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL JANUARY 17, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori] ohoson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, Librarian Mick Stoffers, and Recording Secretary Tina Allard Also Present: Planning Commissioner Leo Offerman Library Boardmember Allison Olson 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 1/17/2006 Agenda Ms. ] ohoson added Board and Commission appointments to Other Business. Councilmember Gumphrey added YMCA update to Council Updates. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda Councilmember Motin requested the following spelling changes to Item 6-Discussion of 175th Avenue: . Denny Luther changed to Denny Hecker Hector Homes changed to Hecker Homes . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 3.4. 1/9/06 COUNCIL MINUTES WITH CHANGES ABOVE CHECK REGISTER PAY ESTIMATES MASSAGE THERAPIST LICENSE TO KATHRYN WAUGH FOR SIMONSON'S SALON AND DAY SPA $65,481 FROM 2006 CAPITAL OUTLAY FOR THE PURCHASE OF THREE SQUAD CARS 3.5. . . . City Council Minutes January 17, 2006 Page 2 3.6. PURCHASE OF TWO MOWERS IN THE AMOUNT OF $103,556 FROM THE 2006 CAPITAL EQUIPMENT BUDGET PURCHASE TWO TRUCKS IN THE AMOUNT OF $152,677.33. AMEND AGREEMENT BETWEEN THE CITY OF ELK RIVER AND SCHOOL DISTRICT #728 FOR COUNCIL CHAMBERS FACILITY USE TO REFLECT THE MEETING START TIME OF 7:00 P.M. ON THE SECOND MONDAY OF EACH MONTH. CALL SPECIAL MEETINGS FOR MARCH 27, 2006,6:30 P.M., AT CITY HALL, FOR ANNUAL REPORT PRESENTATION AND APRIL 24,2006,6:30 P.M., AT SHERBURNE COUNTY GOVERNMENT CENTER, FOR BOARD OF APPEAL AND EQUALIZATION 3.7. 3.8. 3.9. MOTION CARRIED 5-0. 4. Open Mike Mike Starr-Introduced himself as a candidate running for the Senate District 48 seat. Councilmember Morin stated he is also running for candidacy to the same seat on the Republican ticket. 5.1. Library Expansion Presentation-KKE Architects Mr. Maertz introduced Sara Weiner and Jenny Anderson-Tutde from KKE Architects who prepared the site feasibility study for the Elk River Public Library. Ms. Tutde reviewed the site locations and the process KKE used to determine that Site C, located across from City Hall, south of Orono Parkway, would be the best choice for a new Library location. Two other locations were also considered: Site A, the current Library location, and Site B, on the north side of City Hall. Councilmember Motin expressed some concerns with the criteria KKE used in determining Site C as the best location. He stated Site C got higher rankings on some of the criteria when some of the other sites seem to have received the same score or less. He provided the following examples: each sites visibility to Highway 10, each sites pedestrian access to the Library, and each sites potential for expansion. He stated he felt the visibility of Site A would be better then the other two sites but Site C got a better score for visibility. Ms. Tutde stated as far as the expansion potential, Site C scored the same as Site B but due to the linear size of Site C and the water table issues on Site B, Site C ranked higher. She stated Site C would be easier to work with from a design standpoint. Ms. Weiner stated that some interpretations can be subjective. Councilmember Morin questioned if the architects considered expanding upward on the exisring Library (Site A). Ms. Weiner stated it is not desirable to expand upward due to additional staffing needs, security, accommodation of citizens, and trying to keep families together. . . . City Council Minutes January 17, 2006 Page 3 Councilmember Dietz stated if the Library expanded on their current site there would be no room for another expansion in the future or the city would need to consider acquiring additional adjacent property. He stated the results from the Library survey indicated citizens were more concerned with the interior of the Library. He felt that Site C would be a good location for the Library and it would be a passive use the existing adjacent neighbors could accept. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY MAYOR KLINZING TO: 1. APPROVE A NEW LIBRARY PROJECT ON SITE C, SOUTH OF ORONO PARKWAY ACROSS FROM THE PUBLIC SAFETY/CITY HALL COMPLEX. 2. DIRECT STAFF TO EXPLORE FUNDING OPTIONS FOR THE NEW LIBRARY. 3. DIRECT STAFF TO NEGOTIATE WITH KKE ARCHITECTS TO BE THE PROJECT ARCHITECT FOR THE LIBRARY. MOTION CARRIED 5-0. Mayor Klinzing stated the Library should continue to move forward with getting information out to citizens about the new Library. Councilmember Dietz suggested staff analyze how to utilize the current Library site when vacant. Councilmember Motin stated it may be too soon to discuss the future use of the existing Library site because it may be cost prohibitive. 6.1. Resolution to Vacate Portion of York Street. Requested by Ronald Dargis. Public Hearing- Case No. EV 05-12 Mr. Harlicker stated the applicant is requesting a 60 foot wide portion of Right-of-Way (RO\JCl) that is adjacent to his property be vacated. He stated the ROW provides public access to Lake Orono and recommended denial of the request. Mr. Harlicker further stated that Parks and Recreation Director Bill Maertz believe this ROW is a valuable asset on the lake. Mayor Klinzing opened the public hearing. Don Beaudry, 230 York Avenue-Stated if the ROW vacation is granted he would like a condition added that no buildings can be built on it as it will block his view of the lake. John Warnke, 210 York Avenue-Stated he would like the city to keep the ROW. He stated he didn't know the land was public property and would like to use it as a canoe access. Mayor Klinzing closed the public hearing. Councilmember Motin questioned if the ROW's on Xenia and Watson Streets have been vacated. . . . City Council :Minutes January 17, 2006 Page 4 Mr. Harlicker stated they were not. Councilmember Farber stated that in order to be consistent and not set a precedent, the city should deny granting the ROW to the applicant like they did with the request that came before Council on January 21,2005 (Case No. EV 05-11). Mayor Klinzing stated it is difficult for the city to vacate a property when it would be almost impossible to get it back in the future if it were needed. She suggested staff look at all ROWs on Lake Orono and the Mississippi River and determine some standards for allowing specific types of uses for public access to the waterways. Councilmember Farber stated he didn't know the ROW was there and suggested signage be installed. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY THE APPLICANT'S REQUEST TO VACATE A PORTION OF YORK STREET NORTH OF MAIN STREET TO LAKE ORONO AND DIRECTED STAFF TO REVIEW THE ROW'S ON LAKE ORONO AND THE MISSISSIPPI RIVER TO DETERMINE STANDARDS FOR PUBLIC USE. MOTION CARRIED 5-0. 6.2. Dodge Avenue Improvement Project-Public Hearing Mr. Maurer provided a PowerPoint presentation outlining the process he followed with the Dodge Avenue improvement and outlining why the improvement is needed. He reviewed the project area, existing conditions, proposed improvements, financing, and the project timeline. He stated the project cost is estimated at $281,000 with approximately 40% being assessed to the benefited property owners and 60% funded by the city. Mayor Klinzing opened the public hearing. Gary Santwire, property owner-Stated he supports the project and the amount that will be assessable to the property owners. Bill Morrow, Kentucky Fried Chicken-Stated he supports the project but is concerned about the road being closed, the city taking some of his property to rebuild the road, and his sprinkler system. Mr. Maurer stated Dodge Avenue would not be closed. He stated the city would not be taking any property from owners; the city would be using up the entire existing ROW. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-06 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE DODGE AVENUE RECONSTRUCTION IMPROVEMENT OF 2006. MOTION CARRIED 5-0. City Council Minutes January 17, 2006 Page 5 . 6.3. Resolution for Final Plat of Elk Ridge Center 3rd Addition. Case No. P 05-20 Mr. Leeseberg stated the applicant is requesting final plat of Elk Ridge Center 3rd Addition. He reviewed the plat and discussed park dedication fees. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-07 GRANTING FINAL PLAT APPROVAL FOR ELK RIDGE CENTER 3RD ADDITION, CASE NO. P 05-20 WITH THE FOLLOWING CONDITIONS: 4. . 5. 6. 7. 8. . 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. 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 A ONE YEAR PERIOD. 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. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 9. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 11. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 12. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. . . . City Conncil Minutes January 17, 2006 Page 6 13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 5-0. 6.4. Conditional Use Permit by New Horizon Day-care to Operate a Day-care Facilit;y. Case No. CU 05-25-Public Hearing Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a 10,560 sq. ft. daycare facility in Elk Ridge Center. He discussed building design, landscaping, parking, hours of operation, and the Planning Commission recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing stated she was disappointed that a daycare was going into the Elk Ridge Center. She stated she felt the uses in the Center should be more commercial. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A CONDITIONAL USE PERMIT FOR NEW HORIZON DAYCARE TO OPERATE A DAYCARE FACILITY WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PLANS (DATE RECEIVED 10/31/05) SHALL BE THE APPROVED PLANS. 3. BUILDING DESIGNS (DATE RECEIVED 12/05/05) SHALL BE THE APPROVED DESIGNS WITH THE EXCEPTION OF NOTE #21 INDICATING ASPHALT SHINGLES. STANDING SEAM METAL ROOFING IS THE APPROVED MATERIAL. 4. MATERIAL STYLES AND COLORS SHALL BE THOSE AS INDICATED ON THE EXTERIOR SAMPLE KEY DATED 12/15/05. 5. ALL FENCING SHALL BE OF A PICKET STYLE. 6. STANDING SEAM METAL ROOFING COLOR SAMPLES SHALL BE PROVIDED TO STAFF FOR APPROVAL. 7. SIGNAGE SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING SIZE AND LOCATIONS SHALL BE PROVIDED. . . . City Council Minutes January 17, 2006 Page 7 8. LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING LOCATIONS ON THE BUILDING AND ON THE SITE SHALL BE PROVIDED. 9. THE BUILDING SHALL MEET ALL BUILDING CODES. 10. THE BUILDING SHALL MEET ALL FIRE CODES. MOTION CARRIED 5-0. 6.5. Resolution for Final Plat of The Meadows of Elk River (Formerly Aulik Acres). Case No. P 05-21 Mr. Leeseberg stated the applicant is requesting final plat for the six lot subdivision, The Meadows of Elk River. He reviewed the plat. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-08 GRANTING FINAL PLAT APPROVAL FOR THE MEADOWS OF ELK RIVER, CASE NO. P 05-21 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 4. A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 8. THE DRIVEWAY FROM THE EXISTING HOME SHALL AT LEAST BE PAVED FROM THE STREET EDGE TO THE RIGHT-OF-WAY LINE. MOTION CARRIED 5-0. . . . City Council Minutes January 17,2006 Page 8 6.6. Administrative Subdivision Request by Scott Schultz. Public Hearing-Case No. AS 05-05 Councilmember Motin stated he would abstain from voting on this item because he represents the applicant. Mr. Leeseberg stated the applicant is requesting an administrative subdivision to subdivide a parcel into one 10 acre lot. Mayor Klinzing opened the public hearing. John Toth, 200 Morton Avenue, Livonia-Stated that when this lot is sold to a buyer he would like it disclosed that his adjacent property has an active open gravel pit permit. He further stated he would like a new fence installed on the new survey boundary line. Mayor Klinzing closed the public hearing. Mayor Klinzing stated the decision on the fence issue would be the responsibility of the two property owners. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE AN ADMINISTRATIVE SUBDIVISION TO TIMBERLAND, CASE NO. AS 05-05, TO SCOTT SCHULZ WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL FOR ONE LOT. 2. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. NO ADDITIONAL ACCESSORY STRUCTURES SHALL BE CONSTRUCTED. MOTION CARRIED 4-1. Councilmember Motin abstained. 6.7. Request by Hassan 101. LLC to Appeal Staffs Interpretation of Section 30-859 of the City's Land Use Regulations. Regarding Off-Premise Sign. Public Hearing-Case No. V 05-05- Continued from 12/19/05 6.8. Request by Hassan 101. LLC for a Conditional Use Permit to Allow a Rental Center at 728 Railroad Drive. Public Hearing-Case No. CU 05-28-Continued from 12/19/05 Mr. Harlicker stated that Council reviewed these two items back in December and directed staff to work on two conditions regarding the driveway access onto Railroad Drive and the sign on Outlot A. Mayor Klinzing noted that the public hearing for these two items was closed on December 19,2005. Councilmember Dietz questioned if the sign were allowed on Outlot A, would it be grandfathered in if the sign ordinance changed. City Council Minutes January 17, 2006 Page 9 . Councilmember Motin stated it wouldn't because there would be a condition in the conditional use permit stating the sign will only be allowed on an interim basis. Spencer Schramm, representing the applicant-Stated the applicant is agreeable to the new conditions but would like the timeframe to be extended to 3-5 years before the city could give notice for removing the sign. Mr. Beck stated the Council should first deny the variance and then allow the sign as a condition under the conditional use permit. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO DENY VARIANCE, CASE NO. V 05-05 REGARDING AN APPEAL TO A FREESTANDING SIGN. MOTION CARRIED 5-0. Mr. Beck redrafted language to Condition # 2 and #6 of the conditional use permit in order to extend the time period to three years for the applicant to be allowed to keep his sign. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A CONDITIONAL USE PERMIT, CASE NO. CU 05-28 TO HASSAN 101, LLC WITH THE FOLLOWING CONDITIONS: 1. INTERNAL PARKING AND DRIVE AISLES SHALL BE PAVED. THE . CONCRETE APRON LOCATED ALONG 4TH STREET SHALL BE REMOVED. 2. THE DRIVEWAYS ONTO RAILROAD DRIVE MAY REMAIN OPEN ON AN INTERIM BASIS. IT IS CONTEMPLATED THAT THE INTERSECTION OF RAILROAD DRIVE AND JACKSON AVENUE MAY BE CLOSED AT SOME POINT IN THE FUTURE EITHER FOR SAFETY REASONS OR TO FACILITATE REDEVELOPMENT OF THE AREA. THEREFORE, THE CITY RESERVES THE RIGHT TO REQUIRE THAT THE TWO DRIVEWAYS ONTO RAILROAD DRIVE BE CLOSED AND ACCESS TO THE SITE REORIENTED TO 4TH STREET AT ANYTIME AFTER DECEMBER 31, 2009, UPON 12 MONTHS WRITTEN NOTICE FROM THE CITY. 3. THE EXTERIOR OF THE EXISTING BUILDINGS SHALL BE PAINTED TO IMPROVE THEIR APPEARANCE. THE EXISTING FENCES SHALL BE REPAIRED OR REPLACED WHERE NEEDED. 4. THE LANDSCAPING PLAN SHALL CONCENTRATE THE LANDSCAPING ALONG 4TH STREET. THE APPLICANT SHALL BE RESPONSIBLE FOR MAINTAINING THE LANDSCAPING. 5. A 6' HIGH STOCKADE FENCE SHALL BE CONSTRUCTED ALONG 4TH STREET. . 6. THE OFF-PREMISE SIGN ON OUTLOT A SHALL BE ALLOWED ON AN INTERIM BASIS. IT IS CONTEMPLATED THAT . . . City Council Minutes January 17, 2006 Page 10 REDEVELOPMENT OF THIS AREA MAY REQUIRE THE ACQUISITION OF OUTLOT A FOR REALIGNMENT OF RAILROAD DRIVE OR OTHER PURPOSES. IT IS ALSO POSSIBLE THAT THE CITY WILL IMPLEMENT NEW SIGNAGE REQUIREMENTS THAT WOULD RENDER THE OFF-PREMISE SIGN INAPPROPRIATE. THEREFORE, THE CITY RESERVES THE RIGHT TO REQUIRE THAT THE SIGN BE REMOVED FROM OUTLOT A AT ANYTIME AFTER DECEMBER 31, 2009, UPON 12 MONTHS WRITTEN NOTICE FROM THE CITY, AND THAT ALL SIGNAGE THEREAFTER BE LOCATED ON THE MAIN PARCEL AT 728 RAILROAD DRIVE. MOTION CARRIED 5-0. 6.9. Resolution for Land Use Map Amendment to Change the Land Use from CC (Community Commercial) to UR (Urban Residential) as Requested by New Centur.y Land Development. Public Hearing-Case No. LU 05-05 6.10. Ordinance for Zone Change from C3 (Highway Commercial) to PUD (planned Unit Development) Requested by New Centur.y Land Development. Public Hearing-Case No. ZC 05-03 6.11. Request by New Century Land Development for Preliminar.y Plat Heritage Maples. Public Hearing-Case No. P 05-16 6.12. Request by New Centur.y Land Development for Conditional Use Permit for Residential Planned Unit Development. Public Hearing-Case No. CU 05-17 Mr. Harlicker stated that these items were continued from the November 21, 2005 City Council meeting in order to give the Planning Commission a chance to further review this project. He reviewed the action taken by the Planning Commission at their January 10,2006 meeting. Mayor Klinzing noted that the public hearing on this item was closed on November 21, 2005. Councilmember Farber requested a condition be added stating that this is a 55 and older townhome development. Councilmember Dietz concurred. Planning Commission representative Leo Offerman-Stated the applicant made all the changes requested by the Planning Commission. He stated the only remaining concern of the Commission is the slight encroachment of one structure into the wetland buffer but the Commission felt the site was challenging to work with due to all the wetlands, the shape of the parcel, and utility lines. He stated to market the land as commercial would have been difficult. Victor Pacheco, applicant-Discussed the process he had to go through to get this land approved at tonight's meeting. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPRHREY TO ADOPT RESOLUTION 06-09 City Council Minutes January 17, 2006 Page 11 . AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM CC (COMMUNITY COMMERCIAL) TO UR (URBAN RESIDENTIAL, CASE NO. LU 05-05. MOTION CARRIED 4-1. Councilmember Morin opposed. Councilmember Morin stated the land should remain commercial. He stated the city should stick to the Comprehensive Plan, which was approved a year ago. He stated the market may not be great right now to sell this land as commercial but he believes it will be in the future and there is a need for more commercial land in western Elk River. He did agree the townhome plat is a good development. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY MOTIN TO ADOPT ORDINANCE 06-02 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C3 (HIGHWAY COMMERCIAL) AND R3 (TOWNHOME DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO ZC 05-03. MOTION CARRIED 5-0. Mr. Maurer stated the city would like to extend Business Center Drive (frontage road) to Waco Street. He stated he would like clarification and a condition added requiring the applicant to acquire property from adjacent landowner Mr. Beck. Mr. Maurer stated the applicant is willing to build part of the roadway on their property and pay a fee for road purposes off their property of $750 per multifamily unit. . MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE PRELIMINARY PLAT FOR A 52 UNIT TOWNHOUSE DEVELOPMENT 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 LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 5. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. . 7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. . . . City Council Minutes January 17, 2006 Page 12 8. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 9. 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. 10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. 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. 17. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. 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. 19. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPREESION PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE REMOVAL. 20. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMOS DATED 9/13/05 AND 9/29/05 SHALL BE ADDRESSED. City Council :tvfinutes January 17, 2006 Page 13 . 21. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL SHALL BE PAID FOR THE 52 UNITS. 22. THE APPLICANT SHALL BUILD THE FRONTAGE ROAD FROM BIG LAKE TOWNSHIP TO HIS EASTERN PROPERTY LINE AND PAY A FEE OF $750 PER DWELLING UNIT TOWARD COST OF LEADING ROAD OVER TO WACO STREET. 23. THE TOWNHOME DEVELOPMENT SHALL BE FOR RESIDENTS 55 AND OLDER. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CONDITIONAL USE PERMIT FOR THE PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE LANDSCAPE PLAN BE REVISED TO INCLUDE 30 OVERSTORY TREES BE PLANTED ALONG THE SERVICE ROAD. . 3. THE WETLAND ENHANCEMENT PLAN BE APPROVED BY THE TEP PRIOR TO ANY GRADING ON SITE. 4. THE TOWNHOUSE ELEVATIONS SHALL, AT A MINIMUM, COMPLY WITH THE R3 DESIGN STANDARDS. MOTION CARRIED 5-0. 7. Other Business Ms. Johnson stated all the Board and Commission terms that are expiring are reappointments and there have been no new applicants. She questioned if Council wanted to do interviews with the applicants. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO MAKE THE FOLLOWING REAPPOINTMENTS WITH A TERM EXPIRATION OF FEBRUARY 28, 2009: 1. PETE LEMKE AND KEVEN SCOTT TO PLANNING COMMISSION. . 2. JEROME TAKLE TO UTILITIES COMMISSION. 3. DAVE ANDERSON AND PAUL PAIGE TO PARKS AND RECREATION COMMISSION. . . . City Council Minutes January 17, 2006 Page 14 4. MOLLY NADEAU TO THE HERITAGE PRESERVATION COMMISSION. 5. RONALD JOHNSON (AND A COMMISSION REPRESENTATIVE TO BE DETERMINED BY AND FROM THE PARKS AND RECREATION COMMISSION) TO THE ICE ARENA COMMISSION. MOTION CARRIED 5-0. Councilmember Farber stated he was okay with reappointing the applicants but would like to see the Council do more interviews. He stated that there is a member of the Parks and Recreation Commission who is a non-resident and has been on the Commission for 20 years. He would like to see new citizens from Elk River have an opportunity to serve. Mayor Klinzing noted a couple of vacancies on the Heritage Preservation Commission and encouraged residents to apply. 8. Council Updates Councilmember Gumphrey provided a YMCA update. He stated the Sherburne County Board of Commissioners voted 4-1 to not provide any funding for a new YMCA facility in Elk River. Councilmember Gumphrey stated the project could cost $8-9 million dollars and he would like the city to consider a bond referendum for two-thirds of the project. Councilmember Farber stated he was very disappointed in the county's response. He stated the county is being shortsighted and is not meeting the needs of county residents. Elk River is the County Seat of Sherburne County, has the most residents, and has urban growth needs. Councilmember Motin concurred. He stated the capping contribution formula that Sherburne County is using does not take into account the size and growth in a city. He stated the county built a federal prison in Elk River that brings in many dollars but yet they do not look to the city as a good partner. He also expressed concern with the transportation issues between the city and the county. Councilmember Motin stated he is not in favor of the city funding this project but would be in favor of a referendum. He stated further concerns with how the YMCA may hurt other organizations such as the Boys & Girls Club. Councilmember Dietz felt the county was a long shot. He is in favor of the referendum. Mayor Klinzing stated residents would get membership breaks. She stated the YMCA is very affordable for families and she is in favor of pursuing a referendum. 9. Staff Updates Mr. Maurer stated he has talked to MnjDOT representatives and they would be able to attend an Elk River spring tour either March 8 or March 28, 2006. The Council concurred that March 28, 2006 would work for the MnjDOT tour. . . . City Council Minutes January 17, 2006 Page 15 Mr. Maurer stated he would be hosting informational meetings regarding the 193rd Avenue corridor on March 24 and March 25, 2006 if any Councilmembers were interested in attending. Councilmember Motin stated there would be an NCDA Open House at the Big Lake High School on January 30, 2006 at 6:00 p.m. for anyone interested in attending. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:35 p.m. Minutes prepared by Tina Allard ~ >>1.~ Joan Schmidt City Clerk