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04-17-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 17, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Community Development Director Scott Clark, Senior Planner Scott Harlicker, City Engineer Terry Maurer, Environmental Administrator Rebecca Haug, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Planning Commissioner Westgaard and Anderson 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 4/17/2006 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA. 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. 4/10/06 MINUTES 3.2. CHECK REGISTER 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT 3.4. SIMPLE PLAT OF BLACKBERRY HILLS SECOND ADDITION REQUEST BY RIVER CITY CONSTRUCTION, INC. OOE BASODY), PUBLIC HEARING-CASE NO. P 06-05-WITHDRAWN 3.5. ORDINANCE AMENDMENT TO CITY OF ELK RIVER CODE OF ORDINANCES REGARDING A WETLAND BUFFER ORDINANCE, PUBLIC HEARING-CASE NO. OA 06-04-POSTPONED TO MAY 15, 2006 3.6. TOBACCO LICENSE TO ROCK WOODS ELK RIVER COUNTRY CLUB GRILL 3.7. HIRE JEREMY BARNHART AS PLANNING MANAGER, HIRE NICOLA BLAKE-BRADLEY AS ENVIRONMENTAL TECHNICIAN, AND ACCEPT RESIGNATION OF SENIOR PLANNER SCOTT HARLICKER City Council Minutes April 17, 2006 Page 2 MOTION CARRIED 5-0. 4. Open Mike . Arthur Jackett, 19435 Dodge Street-Questioned if notices regarding the 193rd Avenue update were sent to residents because he didn't get a notice that the topic was being discussed at this meeting. Mr. Maurer stated the informational meeting PowerPoint presentation material was sent to residents who signed a mailing list at neighborhood informational meetings. He stated a separate notice was sent to all residents in a large area for the 193rd Avenue update that is on tonight's agenda. For those who attended the informational meeting, the notices were sent in the same envelope. Mr. Jackett stated he would like to be included on the mailing list. 5.1. Consider Licenses for Rock Woods Elk River Country Club Grill. Public Hearing Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to May 1, 2006 as the applicant has not submitted all the necessary application materials. 6.1. Resolution to Approve Final Plat of Heritage Maples as Requested by New Century Land Development. Case No. P 05-16 Mr. Harlicker stated the applicant is requesting final plat of Heritage Maples, a townhome development for residents 55 and older. He provided a review of the plat. Mr. Harlicker stated another condition needs to be added regarding construction of a service drive. . Victor Pacheco, applicant-Stated the additional condition was acceptable. Mr. Maurer stated he hasn't been in contact with the Beck's regarding land acquisition in order to extend the service road over their property to Waco Street because he wanted to make sure the plat and schedule were finalized. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-41 GRANTING FINAL PLAT APPROVAL FOR HERITAGE MAPLES, CASE NO. P 05-16 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. . City Council I\1inutes April 17 , 2006 Page 3 . 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. 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 ACCESSIBILITY FEES IN AN AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . City Council Minutes April 17, 2006 Page 4 18. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPRESSION PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE REMOVAL. . 19. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMOS DATED 9/13/05 AND 9/29/05 SHALL BE ADDRESSED. 20. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL SHALL BE PAID FOR THE 52 UNITS. 21. THE TOWNHOME DEVELOPMENT SHALL BE FOR RESIDENTS 55 AND OLDER. THE DEVELOPER SHALL DEVELOP A LEGAL COVENANT, ACCEPTABLE TO THE CITY ATTORNEY, THAT ALLOWS RENTAL OR SALES ONLY TO INDIVIDUALS 55 OR OLDER. 22. DEVELOPER SHALL CONSTRUCT A SERVICE DRIVE FROM 144TH STREET IN BIG LAKE TOWNSHIP TO THE EAST BOUNDARY OF THE PLAT MOTION CARRIED 5~0. 6.2. Resolution to Approve Simple Plat of Renner Second Addition (Raymond Renner). Public Hearing- Case No. P 06-07 Mr. Harlicker stated the applicant is requesting to subdivide 36 acres into one lot and two outlots. He discussed lot layout and access for Lot 1. He stated there is right-of-way platted for the future extension of 156th Avenue. . 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 COUNCILMEl\1BER FARBER TO APPROVE THE SIMPLE PLAT FOR RENNER SECOND ADDITION, CASE NO. P 06-07 WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION FEE IN THE AMOUNT OF $12,432 SHALL BE PAID FOR LOT 1 PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR THE OUTLOTS WILL BE DUE AT THE TIME THEY ARE PLATTED AND AT THE RATE APPLICABLE AT THAT TIME. 2. ACCESS CONTROL RESTRICTING ACCESS ALONG HIGHWAY 10 SHALL BE PROVIDED PRIOR TO ANY FURTHER DEVELOPMENT OF LOT 1, BLOCK 1. 3. 156TH STREET SHALL BE CONSTRUCTED WHEN EITHER A BUILDING PERMIT IS REQUESTED FOR LOT 1 OR ADDITIONAL PLATTING OF OUTLOT A OR OUTLOT B IS UNDERTAKEN. THE TIMING OF THE STREET CONSTRUCTION WILL BE CONTROLLED THROUGH A DEVELOPER AGREEMENT. . . . . City Council Minutes April 17, 200Q Page 5 4. A DEVELOPERS AGREEMENT SHALL BE EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. SEALCOAT FEE SHALL BE PAID AT THE TIME THAT 156TH STREET IS CONSTRUCTED AND AT THE RATE APPLICABLE AT THAT TIME. 6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $6,014.66 SHALL BE PAID FOR LOT 1 PRIOR TO RELEASING THE , PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR THE OUTLOTS WILL BE DUE AT THE TIME THEY ARE PLATTED AND AT THE RATE APPLICABLE AT THAT TIME. 7. THE DRAINAGE POND FOR FURNITURE AND THINGS SHALL BE ADJUSTED SO THAT IT DOES NOT ENCROACH INTO THE RIGHT- OF-WAY OF 156TH AVENUE OR INTO LOT 1, BLOCK 1, RENNER SECOND ADDITION. MOTION CARRIED 5-0. 6.3. Request by Jason Huber for Preliminary Plat Approval (Carverwood Hills). Public Hearing- Case No. P 06-01 J\.1r. Harlicker stated the applicant is requesting preliminary plat to subdivide 53 acres into 5 lots. He discussed the 4 for 40 lot rule and stated that the location of the property is in an area that'>Vill be able to develop into 2.5 acre lots in 2008 according to the Comprehensive Plan. He reviewed the Planning Commission's comments and recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned the county's reasoning for closing the access to 208th Court. She stated the spacing of city street access on CR 121 is not that tight and there is no need to close 208th Court. She stated this '>Vill affect emergency vehicle response times to residents. J\.1r. Maurer stated the county is embarking on developing an Access Management Policy within their Transportation Plan. He stated the city could have some influence in the plan with suggesting Right In and Right Out or Pork Chop intersections, but'>Vill not be allowed full access at all intersections. Councilmember Farber concurred with Mayor Klinzing. He stated the city should take back the county roads in order to design them according to the city's needs. Mayor Klinzing stated the Planning Commission's comment regarding developers trying to get around the 4 for 40 ordinance is ridiculous. She stated the property owners are following the ordinance and if the Commission thinks there is an issue with it, then they should come to the City Council. She stated every development can't be a cluster development in this part of the city. Councilmember Motin disagreed. He stated the rule is 4 for 40 (four lots for every forty acres), not 5 for 50 or 6 for 60, etc. He stated the 4 for 40 rule is supposed to be utilized to City Council Minutes April 17 , 2006 Page 6 limit density and preserve open space: not to allow the open space to be developed when it will be allowable in 2008. . Councilmember Dietz concurred. Mayor Klinzing disagreed with the intent that the rule is for preserving open space. She stated it was to cluster development. Councilmember Farber requested a legal opinion of the rule. Mr. Wilson stated he will need time to review the rule. Councilmember Gumphrey suggested a possible change to the rule in order to make it clear. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE PRELIMINARY PLAT FOR CARVERWOOD HILLS, CASE NO. P 06-01 TO MAY 1,2006. MOTION CARRIED 5-0. The applicant submitted a letter giving an extension for this plat. 6.4. Request by Midwest Asphalt for Conditional Use Permit for Mineral Extraction. Public Hearing- Case No. CU 06-04 Ms. Haug stated the applicant is requesting a conditional use permit to operate a sand and gravel pit. She stated the applicant previously had a conditional use permit that expired in 2001. She reviewed comments from the city's environmental consultant, the flre inspector, and Great River Energy. She discussed the Planning Commission's recommendation regarding setbacks along the railroad park trail. She stated she and the applicant have reached a compromise for the setbacks along the trail and they would range from 50-200'. . Mayor Klinzing opened the public hearing. Peter Umland, Midwest Asphalt representative-Questioned if the area along the trail could be taxed lower than a commercial rate because the company will not be able to use it for ffi1nmg. Mr. Clark stated the city can't commit to a change in the tax rate but could send a letter to the county encouraging it. David Balanski, Midwest Asphalt representative-Stated the city doesn't understand the value of the material within the setback area. He stated it involves about 5 1/2 acres and several million dollars. He further stated the elevations are quite vertical and impossible to climb. He stated they would be willing to reforest the area after it is mined. Mayor Klinzing closed the public hearing. Mayor Klinzing questioned why the buffer is needed. Ms. Haug stated the Natural Resources Inventory marked tIlls area as having medium quality. . . . . City Council1vfinutes April 17, 2006 Page 7 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION (IN THE STAFF REPORT) WITH THE FOLLOWING ADDITIONAL CONDITIONS: 1. THE SETBACKS ALONG THE RAILROAD PARK TRAIL BE AS OUTLINED IN THE MAP DISTRIBUTED AT THIS MEETING. MOTION CARRIED 5-0. 6.5. Request by Shepherd's Inn Daycare. Inc. for Conditional Use Permit at Solid Rock Church. Public Hearing- Case No. CU 06-05 Mr. Clark stated the applicant is requesting a conditional use permit to operate a school and daycare at Solid Rock Church. He discussed student enrollment, parking, and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Farber questioned if the city could require installation of a fence around the play area for safety. Julie Goldman, applicant-Stated she would be abiding by state guidelines. She is unsure at this time where the play area will be located. Discussion was held on where the fence should be installed. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT TO SHEPHERD'S INN DAYCARE, INC, CASE NO. CU 06-05 WITH THE FOLLOWING CONDITIONS: 1. A MAXIMUM OF 300 STUDENTS SHALL BE ALLOWED TO ATTEND THE SCHOOL/DAYCARE. 2. IF MORE THAN 300 STUDENTS ARE DESIRED IN THE FUTURE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. NO ON-STREET PARKING SHALL BE ALLOWED FOR THE SCHOOL/DAYCARE. 4. THE FACILITY SHALL MEET ALL BUILDING AND FIRE CODES. 5. THE FACILITY/OPERATION SHALL COMPLY WITH ALL STATE AND/OR COUNTY REGULATIONS. 6. WORK WITH STAFF TO DETERMINE WHERE A FENCE SHALL BE INSTALLED ONCE THE PLAYGROUND AREA IS DETERMINED. MOTION CARRIED 5-0. City Council Minutes April 17, 2006 Page 8 6.6. Request by Ebert Construction for Conditional Use Permit to Construct 5.720 Sq. ft. Commercial Building (pearle Vision) in Elk River Center. Public Hearing- Case No. CU 06- 07 . Mr. Harlicker stated the applicant is requesting a conditional use permit to construct a Pearle Vision Center in Elk Ridge Center. He discussed the design standards and the Planning Commission's recommendation. 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 A CONDITIONAL USE PERMIT TO EBERT CONSTRUCTION, CASE NO. CU 06-07 WITH THE FOLLOWING CONDITIONS: . . . City Council Minutes April 17 , 2006 Page 9 11. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD WILL NEED TO BE REDUCED BY 1,220 SQUARE FEET. 12. A SEPARATE LETTER OF CREDIT, IN THE AMOUNT OF $50,000, SHALL BE PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT 2 BLOCK 1 ELK RIDGE CENTER 2ND PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. MOTION CARRIED 5-0. 6.7. Request by Elk River Ford for Variance Relating to Signage Public Hearing-Case No. V 06-03 6.8. Resolution for Land Use Amendment to Change Land Use from Light Industrial to Highway Business as Requested by Elk River Ford. Public Hearing- Case No. LV 06-03 6.9. Ordinance for Zone Change from Planned Unit Development to Highway Commercial as Requested by Elk River Ford. Public Hearing-Case No. LV 06-03 6.10. Request by Elk River Ford for Preliminary Plat ofJabez. Public Hearing-Case No. P 06-06 6.11. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales. Public Hearing- Case No. CV 06-06 6.12. Resolution to Vacate Drainage and Utility Easement Requested by Elk River Ford. Public Hearing- Case No. BV 06-01 Mr. Harlicker reviewed all of these requests as outlined in his staff reports. Mayor Klinzing opened the public hearing. Scott Powell, applicant-Stated he wanted to build a safe project for the community and he is proud of the environmental" aspects of the project. He stated the signage meets all the criteria for a variance. He stated he has in excess of 1,200' of frontage along the highway, is closing one access on the highway, bringing in two new businesses on one lot, and that it is very difficult for customers to access his location without the signage. Dana Anderson, 12368 speaking as a resident (he is a member of the Planning Commission)-Stated he liked the overall project design. He questioned the legal interpretation of park dedication requirements. He stated that it is important to collect park dedication fees. Steve Rohlf, representing the applicant-Stated the phases of the project may change. He questioned the defmition of cut-off lighting. Mr. Rohlf stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code, which states that park dedication fees apply to undeveloped property. He stated the city is confusing undeveloped with unplatted. He stated the property is not being subdivided but rather combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit. He stated to charge in excess of $100,000 for park dedication fees to a business trying to expand and create more jobs is unreasonable. Mr. Harlicker explained that cut-off lighting directs light downward as opposed to a globe light, which is exposed. Mayor Klinzing closed the public hearing. City Council Minutes Apro17, 2006 Page 10 Variance Request . Councilmember Gumphrey stated that considering the applicant is giving up an access and has an unusual amount of highway frontage he sees no issues with allowing the variance. Councilmember Farber concurred. . Councilmember Dietz also concurred but expressed concerns with the timing for closing the TH 10 access. Mr. Maurer stated he would contact MnjDOT and let them know the access is no longer needed. He stated MnjDOT would probably temporarily restrict the access until they could come in later to eliminate it permanently. Mayor Klinzing stated the sign ordinance allows the addition of an extra sign when there is over 300' of frontage but doesn't address if there is 600' or 900' plus. She supports tlle vanance. Councilmember Morin concurred. He stated it would be a hardship to only have two signs due to the amount of frontage. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO. V 06-03 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. . 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. MOTION CARRIED 5-0. . . . . City Council :Minutes April 17 , 2006 Page 11 Land Use Request MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-42 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM L1 (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 06-03 .BASED ON THE FOLLOWING FINDINGS: 1. THE SUBJECT PROPERTY IS CONTIGUOUS WITH PROPERTY THAT IS CURRENTLY GUIDED HIGHWAY BUSINESS. 2. THE PROPOSED AMENDMENT WILL NOT HAVE AN ADVERSE AFFECT ON ADJACENT PROPERTIES. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171sT AVENUE. MOTION CARRIED 5-0. Zone Change Request MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 06-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO C2 (HIGHWAY COMMERCIAL) CASE NO. ZC 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT REZONING THE PROPERTY TO C3. 2. THE PROPOSED REZONING TO C3 IS CONSISTENT WITH THE LAND USE DESIGNATION OF HIGHWAY BUSINESS. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171sT AVENUE. MOTION CARRIED 5-0. Preliminary Plat MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT FOR ]ABEZ, CASE NO. P 06-06 WITH THE FOLLOWING CONDITIONS: City Council Minutes April 17 , 2006 Page 12 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171ST AVENUE IN THE AREA OF THE EXISTING HOUSE. . 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Councilmember Farber stated he would like to see the park dedication fees reduced. . Mayor Klinzing concurred. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TOAMEND THE ORIGINAL MOTION BY CHANGING CONDITION #3 TO THE FOLLOWING: 3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. MOTION ON THE AMENDMENT CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. MOTION CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. . . . . City Council Minutes April 17, 2006 Page 13 Conditional Use Permit MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT FOR ELK RIVER FORD, CASE NO. CU 06-06 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PROJECT WILL BE COMPLETED IN PHASES. · PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING, AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. · PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. · PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED; NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC. 30- 859 NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED-PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. City Council Minutes April 17, 2006 Page 14 10. THERE SHALL BE A MINIMUM CLASSIFICATION OF SEMI CUT- OFF LIGHTING FIXTURES INSTALLED. . MOTION CARRIED 5-0. Easement Vacation MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 06-01. MOTION CARRIED 5-0. The Council took a 10 minute recess at 8:10 p.m. 6.13. Resolution to Vacate Portion of Perpetual Bank Protection Maintenance Easement. Public Hearing- Case No. BV 06-02 Mr. Harlicker stated an easem~nt to protect the bank along the :Mississippi River needs to be vacated as it encroaches in the building area of the Bluff Block in the downtown revitalization project area. Mr. Harlicker stated the easement is superseded by the Wild and Scenic ordinance and will not interfere with the protection of the river. 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 MOTIN TO ADOPT RESOLUTION 06-44 FOR VACATING A PERPETUAL BANK PROTECTION MAINTENANCE EASEMENT, CASE NO. EV 06-02. MOTION CARRIED 5-0. 6.14. School Street/High School Parking Lot Signalization Bid Award Mr. Maurer stated bids have been received for the School Street/High School parking lot signalization improvement project. He stated the low bid was from Design Electrical Contractors in the amount of $147,077. Mr. Maurer further stated overhead is estimated at 20 percent, resulting in a total project cost of $176,492.40. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-45ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SCHOOL STREET/HIGH SCHOOL PARKING LOT SIGNALIZATION IMPROVEMENT OF 2006. MOTION CARRIED 5-0. 6.15. 193rd Avenue Corridor Update Mr. Maurer presented a cost and land acquisition analysis of the four possible options for 193rd Avenue to continue from TH 169 as an east/west corridor to CSAH 13. He reviewed how land acquisition, temporary grading easements, building removal, relocation costs, and road construction costs would affect each option. He stated Option 4 is least likely to . . . . City Council Minutes April 17 , 2006 Page 15 happen because the county stated the access point on CSAH 13 is too close to the Tyler Street/CSAH 13 intersection. Mr. Maurer suggested hiring an attorney to assist with the condemnation process, especially due to pending changes with eminent domain laws by the state legislature. Councilmember Farber stated Option 1 seemed to be the most logical choice for the corridor. Councilmember Motin concurred. He noted it would have the least impact on property owners. Co~ncilmembers Dietz and Gumphrey concurred. Barb Burandt, 19118 Tyler Street-Questioned the city's process for selecting Option 1. She stated she was under the impression from the neighborhood informational meetings that all four options would be presented to residents during the public hearing process. Mr. Maurer stated he listed many possible options to residents regarding what could happen at Council level before this item goes to public hearing. Mayor Klinzing stated that if all four options were discussed at a public hearing, then none of the residents would come to a consensus on which option should be chosen because no one wants it in their backyard. She further stated there have been numerous letters and informational meetings with residents and the Council knows how they feel. She stated the Council needs to determine the best option for the city and then take that option to public hearing in order to get comments from affected residents. Mayor Klinzing stated an east/west corridor is needed in this area and has been planned for many years. She stated she would like to see Option 1 moved south in order to accommodate the horse farm. Craig Howse, 19276 Twin Lakes Road-Stated he recently completed a substantial remodel of his house. He stated before the remodel he met with the former director of planning who informed him he had nothing to worry about because most of the development in town was south of Twin Lakes Road. Arthur Jackett, 19435 Dodge Street-Stated he agreed with Ms. Burandt in that the city was supposed to have more informational meetings prior to selecting a corridor option. He questioned why Highland Road wasn't selected as an east/west route. He stated traffic should be directed out of town and not tllrough it. Councilmember Farber stated 193rd Avenue was chosen in the city's transportation plan many years ago to be an east/west corridor. He stated the road has been designed to be a collector route. Dave Burandt, 19118 Tyler Street-Stated he believed an 80' right-of-way was going to be on the road and now staff is stating it may be 100'. He requested a cost analysis be completed for 193rd Avenue and for School Street. He stated School Street would be a true east/west route. Mr. Maurer stated he did not commit to any right-of-way width. City Council Minutes April 17, 2006 Page 16 Councilmember Dietz stated School Street was never intended to an east/west route. . Louis Zingko, 193rd and Baldwin-Stated the city should coordinate this project with the state because he is concerned with the bottleneck of traffic that will occur at TH 169. Mr. Howse questioned the timing of the project. Mayor Klinzing stated she would like to take more time with the project but the other Councilmembers would like to move forward more quickly. Mr. Maurer stated it could take 9-18 months depending how smoothly the land acquisition moves along. It was the consensus of the Council to select Option 1 for the east/west route and to bring in an attorney to help with the project. Mr. Maurer was directed to do more detailed analysis of Option 1 and report back to the City Council. 6.16. Resolution Regarding TH 169 Environmental Geometric Study Mr. Maurer stated Mn/DOT had been planning a TH 169 Geometric Study but was cut due to state funding. He recommended the city proceed with the Study in Elk River in order to possibly help advance future funds for state road projects in Elk River. He further stated it would help determine the footprints of interchanges so when future development comes along the highway the city can be more prepared. He stated the cost of the Study would be about $1 million with funds coming from Municipal State Aid (MSA). He stated Mn/DOT indicated a willingness to cost participate by providing staffing needs. . Councilmember Gumphrey questioned if the county has been involved with participating in this Study. Mr. Maurer stated he has had initial conversations with the county public works director but is unclear of the county's position. He suggested the city administrator draft a formal letter to the county administrator. Councilmember Dietz expressed concerns with using MSA funds. He stated $1 million is a lot of money and is concerned other road projects will be delayed. Mr. Maurer stated 2006 is the first year the city has had a full allotment in its MSA account. He stated the city could possibly pay installments for the Study. He stated another option is the city may be able to borrow the money from Mn/DOT's central office. He stated the study would take approximately 18 months. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-46 INDICATING THE CITY'S SUPPORT FORAN ENVIRONMENTAL/GEOMETRIC STUDY OF THE TH 169 AND A WILLINGNESS TO FUND THE STUDY AND FOR THE CITY ADMINISTRATOR TO SEND A LETTER TO THE COUNTY ADMINISTRATOR REQUESTING FUNDING SUPPORT. MOTION CARRIED 5-0. . . . . A. B. City Council :Minutes April 17, 2006 Page 17 Councilmember Farber stated the Mn/DOT tour the city hosts each spring should be called as a special meeting. He stated it is important that Council be at these meetings. 6.17. Highland Avenue Road Improvement Resolution Determining Assessed Cost and Ordering Preparation of Proposed Assessment Roll Mr. Maurer reviewed the progress on dle Highland Road Improvement project. He stated the total project cost is $1,365,000 with about $305,500 being assessed to property owners. Councilmember Dietz questioned how the percentage of assessment for this project relates to past projects. Mr. Maurer stated you can't compare the projects because the sanitary sewer and water portions are included. He stated it may be one-third to two-thirds. He stated dle city's share is larger than previous projects because the abutting lots are much larger. Councilmember Motin questioned if there should be a start date on the parking restrictions. Mr. Maurer stated the parking restrictions will go along with the construction and start of dle project. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-47 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF HIGHLAND ROAD IMPROVEMENTS OF 2006. MOTION CARRIED 5-0. Resolution Establishing the Date for the Assessment Hearing MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-48 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE HIGHLAND ROAD IMPROVEMENT OF 2006. MOTION CARRIED 5-0. C. Resolution Relating to Parking Restrictions MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-49 RELATING TO PARKING RESTRICTIONS ON SAP 204-137-01 FROM CR 77 TO JACKSON ROAD. MOTION CARRIED 5-0. 7. Other Business Councilmember Gumphrey questioned if other possible oversights (similar to the Midwest Asphalt conditional use permit expiring) should be reviewed. Ms. Johnson stated she is working on this issue with Mr. Clark. She stated Ms. Haug was not responsible for the oversight on the conditional use permit expiration because she was not here at the time. City Council :Minutes April 17, 2006 Page 18 Councilmember Farber stated his neighbor's house burned down and commended the police and fire departments for a great job. . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO OFFER THE WATER TOWER SITE TO THE YMCA. MOTION CARRIED 4-1. Councilmember Motin opposed. Councilmember Motin stated the resignation of Scott Harlicker was on the consent agenda and the Council did not have an opportunity to thank him for his years of service. He congratulated Mr. Harlicker on his new position with the City of Coon Rapids. Ms. Johnson asked if the Mayor and Council would like to send a letter to Mr. Harlicker wishing him well with future endeavors. The Mayor requested that she draft a letter on their behalf 8. Council Updates There were no Council Updates. 9. Staff Updates There were no Staff Updates. . 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:45 p.m. Minutes prepared by Tina Allard .