Loading...
02-20-2007 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 20, 2007 Members Present: Mayor Klinzing, Counci1members Farber, Gumphrey, Morin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner Chris Leeseberg, City Engineer Terry Maurer, Street Superintendent Phil Hals, ERMU General Manager Bryan Adams, and Recording Secretary Jessica Miller Also Present: Planning Commissioner Brad Stevens 1. Call Meering To Order Pursuant to due call and notice thereof, the meering of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider 02/20/2007 Agenda Counci1member Gumphrey requested item 7.2. be discussed after item 5.2. Counci1member Morin removed item 3.5. from the consent agenda for discussion after open mike. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. . MOTION CARRIED 5-0. 3. Consider Consent Agenda Counci1member Morin questioned if the price stated for a new motor grader is a more cost effective option than purchasing a used one. Ms. Johnson indicated that it is but that the previous bids were written so that only used motor grader bids could be accepted. She stated that the motor grader will be re-bid to include acceptance of bids for new motor graders. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 COUNCIL MINUTES · 02/05/07 EXECUTIVE SESSION · 02/05/07 REGULAR. CHECK REGISTER. REQUEST BY WAL-MART FOR GENERAL PLANNING PERMIT FOR WAL-MART TO ALLOW GARDEN CENTER/DISPLAY AREA IN PARKING LOT, CASE NO. GP 07-01. REQUEST BY PLANT PLACE FOR GENERAL PLANNING PERMIT 3.2. 3.3. 3.4. City Council Nlinutes February 20, 2007 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. 3.13. 3.14. Page 2 FOR TEMPORARY GREENHOUSE, CASE NO. GP 07-02. RESOLUTION 07-18 SUPPORTING BONDING FOR THE CONSTRUCTION OF A REGIONAL FORENSIC CRIME LABORATORY. RESOLUTION 07-19 REQUESTING THE STATE OF MINNESOTA TO MODIFY MN STATUTE 169.14 SUBD. 2. (A)(l)(C) TO ALLOW CITIES TO ESTABLISH 30 MPH IN RURAL RESIDENTIAL DISTRICTS. RESOLUTION 07-20 APPOINTING CITY CLERJ( TINA ALLARD AS THE DATA PRACTICES COMPLIANCE OFFICIAL. CANCEL BOARD OF APPEAL AND EQUALIZATION MEETING AND RECALL THE MEETING TO APRIL 18,2007. APPOINT FINANCE DIRECTOR TIM SIMON AS A MUNICIPAL TRUSTEE ON THE VOLUNTEER FIRE RELIEF ASSOCIATION. AUTHORIZE APPLICATION FORA DEPARTMENT OF HUMAN SERVICES GRANT BY THE ELK RIVER SENIOR CENTER. HIRE NANCI LlBOR AS FIRE DEPARTMENT/BUILDING. MAINTENANCE OFFICE ASSISTANT BEGINNING AT PAY GRADE 3, STEP B ($15.59). CONSIDER STREET DEPARTMENT MOTOR GRADER BIDS. BEGIN HIRING PROCESS FOR WWTP LABORER POSITION. . MOTION CARRIED 5-0. 4. Open Mike . Steve Anderson, Franklin Outdoor Advertising, Clearwater, MN - would like to discuss the sign moratorium. Council asked him to speak to this issue under item 6.14. Jerry Kunza, 10313 Twin Lakes Road - discussed issues regarding lack of compliance by his neighbor, Dean Bittner, to a Conditional Use Permit (Case No. CU 04-24) issued October 16, 2004. Mr. Kunza explained his issues and indicated that he is very frustrated and feels that his complaints have not been dealt with accordingly. Mayor Klinzing asked Mr. Kunza to provide staff with a copy of his concerns. Ms. Johnson stated that Community Development Director Scott Clark has met with both Mr. Kunza and Mr. Bittner and will provide an update to the Council at the March 5, 2007 meering. 3.5. Request by Raymond Renner for Simple Plat. Case No. P 07-03 and for an Easement Vacation. Case No. EV 07-01. Public Hearing Counci1member Motin expressed concerns with opening a public hearing under the consent agenda. The Council concurred that future public hearings are not to be placed on the consent agenda. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing conrinued the public hearing to March 19, 2007. 5.1. Consider On-Sale and Sunday Liquor Licenses for Chipotle Mexican Grill. Public Hearing . City Clerk Tina Allard indicated that Chipotle Mexican Grill is requesring an On-sale and Sunday liquor license. Ms. Allard explained that Chipotle will be leasing space from the . . . 5.2. 7.2. City Council Nlinutes February 20, 2007 Page 3 Carson Business Park located at 18201 Carson Street. She stated that all application materials have been submitted with the exception of a copy of their food license. Ms. Allard indicated that the attorney for the applicant stated that they wouldn't receive their food license until approximately one week prior to their opening. Chipotle expects to open around March 15. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC WITH THE FOLLOWING TWO CONDITIONS: 1. A COpy OF THE FOOD LICENSE MUST BE SUBMITTED TO THE CITY. 2. THE LICENSES WILL BECOME EFFECTIVE UPON APPROVAL OF THE STATE PUBLIC SAFETY LIQUOR CONTROL DIVISION AND REMAIN IN EFFECT UNTIL JUNE 30, 2007. MOTION CARRIED 5-0. Resolution 07-21 Providing for the Sale 0[$2.875.000 Electric Revenue Bonds Series 2007 A Finance Director Tim Simon stated that the Elk River Municipal Utilities Commission has requested that the city issue Electric Revenue Bonds of $2,875,000 for a new substation and feeders for the city's municipal electric utility. Mr. Simon indicated that the Utilities Commission unanimously approved the sale of the bonds at their meering earlier today. Councilmember Morin stated that the pre-sale report indicates that because the city expects to issue more than $10,000,000 in tax-exempt obligations in 2007, the bonds will not be bank qualified and will carry a slightly higher interest rate. He questioned if previously issued bonds can be adjusted or if this just applies to bonds issued in 2007. Mr. Simon indicated that it just applies to bonds issued in 2007. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-21 PROVIDING FOR THE SALE OF $2,875,000 ELECTRIC REVENUE BONDS, SERIES 2007A. MOTION CARRIED 5-0. Resolution Approving Elk River Municipal Utilities' Participation in Development of Brookings - Twin Cities Transmission Project Elk River Municipal Utilities General Manager Bryan Adams stated that CapX 2020 initiative. is a group of electric utilities joining together to identify and construct necessary generation and transmission facilities to meet Minnesota's needs for the year 2020. Mr. Adams explained that in May 2006, the Elk River Municipal Utilities Commission authorized joining Midwest Municipal Transmission Group (MMTG) as a vehicle to explore the potential to buy into the transmission system. He stated that due to the successful negotiaring efforts of MMTG, ERMU now has the opportunity of buying into the transmission system. He stated that the first transmission project is a 345kv line from Brookings to Twin Cities at a cost of approximately $600 million. Elk River's load share is approximately $2 million which will be paid $300,000 over three years. Central Minnesota Municipal Power Agency (CMMP A) will be execuring the contract on behalf of MMTG and CMMP A members that are participaring City Council Nlinutes February 20, 2007 Page 4 in development of the CapX Brookings - Twin Cities Project. Mr. Adams noted that the Utilities Commission unanimously approved entering into this agreement. . Ms. Johnson clarified that ERMU may enter into this agreement directly as long as the City Council authorizes ERMU to do so and that ERMU will then be responsible for all future action required for the project. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-22 APPROVING ELK RIVER MUNICIPAL UTILITIES PARTICIPATION IN THE BROOKINGS-TWIN CITIES HIGH VOLTAGE TRANSMISSION LINE PROJECT. MOTION CARRIED 5-0. 6.1. 193rd Avenue Improvement. Public Hearing City Engineer Terry Maurer reviewed the project history of the 193rd Avenue Corridor and details regarding a conceptual design of the completed corridor. Mr. Maurer presented parcel maps outlining which properties would be affected by the eminent domain resolution. He noted that the worse case scenarios have been included in the resolution and that less property may need to be used. Mr. Maurer indicated that as directed by the City Council after the last public hearing, he met with the Galvins to see if the alignment could be altered to achieve what they would like to see. He stated that during this meering, the Galvin's indicated they would like to remain on their home site. He stated that this would leave the Galvins with a home site of about two acres and the setback from the right-of-way to their home would be about 25-feet. . Mr. Maurer explained that in an attempt at compromise, an alternate alignment was drafted. He stated that this alternate would leave the Galvin's with approximately a 2.6 acres home site and the setback from the right-of-way to their home would increase to 70-feet. Mr. Maurer noted that this alternative would affect property on the west side of Tyler. He explained that the alternative route would take an approximate 7,200 square foot parcel frOUl the comer of the neighboring Burandt property. Mr. Maurer stated that he met with the Burandt's and he doesn't believe he fully met their expectations of what they would like to see. Mr. Maurer reviewed the financial considerations and funding options for this project. He stated that Attorney Howard Roston prepared the eminent domain resolution and he is in attendance to answer questions. Mayor Klinzing opened the public hearings on both items. David Burandt, 19118 Tyler Street - indicated that he has comments on the corridor design. Mr. Maurer indicated that Mr. Burandt is free to raise any concerns he has but that it may be premature to discuss designs at this time. Mr. Burandt indicated that he will wait on his design comments as long as he has an opportunity to discuss them at a later date. Mr. Maurer stated that there will be a future opportunity to comment. Mr. Burandt explained that he feels that he is being made to be the bad guy because they are unhappy with the alternative design. Mr. Burandt reviewed examples of properties that have received new frontage from construction and stated that the Galvin's will probably be given . . . . City Council Nlinutes February 20, 2007 Page 5 new frontage off of 193rd Avenue which will leave them with a setback in excess of 160-feet. He stated that he doesn't believe the Galvin's home site being less than 2.5 acres is an issue and provided examples of two sites across from the Galvin's that are less than the 2.5 acre minimum. Mr. Maurer indicated that Mr. Burandt is correct regarding the frontage. Mr. Maurer clarified that neither alternative will take the Galvin's home. Barb Burandt, 19118 Tyler Street - explained that she has concerns with the alternative corridor layout as it would drastically impact the natural wetland that is located on the northeast comer of their property. She indicated that she would like to see the road impact the wetland as little as possible. There being no one else to speak to this issue, Mayor Klinzing closed the public hearings. Councilmember Morin clarified that with parcel 3 and 5 being combined, the Galvin's won't have any issue with whether or not their lot is buildable in the future. Mr. Maurer indicated that the City Council can take position that they created non-conformity so they could provide for variances if necessary. The Council reviewed the impact of both alternatives again. Discussion took place on the environmental impacts of both options. Ms. Burandt questioned if a bridge over their property has been discussed. Mr. Maurer indicated that it has not. He stated that staff is committed to working with the Technical Evaluation Panel (TEP) to minimize the environmental impact. Counci1member Morin questioned how the impact on the wetland differs between the two 31tematives as the road will go through the wetland either way. Mr. Maurer explained that the second option would be a slightly larger impact of the wetland by possibly moving into the open water pool. He stated that additional impacts of the alternative include cutring the Burandt's hill down and removal of some trees. Howard Roston, indicated that the eminent domain resolution does not currently include a provision allowing staff to take less land as necessary. Mr. Roston stated that the Council may wish to clarify this in the resolution. Mayor Klinzing stated that she believes it is too soon for this project to be happening and that she has concerns with how other transportation issues will be funded if all of the Municipal State Aid is spent on this project for the next five years. She noted that she believes if the project moves forward that it should be terminated at Tyler Street. MAYOR KLINZING MOVED TO ADOPT THE RESOLUTION ORDERING THE PROJECT MEMORANDUM AND PREPARATION OF PLANS AND SPECIFICATIONS WITH THE PROJECT CEASING AT TYLER STREET. Motion died for lack of a second. Councilmember Gumphrey indicated that the project cost will only go up in the future and should be completed now. He noted that staff has done a good job working with residents to work out feasible alternatives. Councilmember Morin con~urred that the cost will only increase in the future. He indicated City Council Nlinutes February 20, 2007 Page 6 that this road has been planned as a through street for many years and since the project has gone this far it should conrinue. Councilmember Farber concurred that the time to complete this project is now. . Councilmember Zerwas concurred that Mr. Maurer has done a great job working with property owners. He stated that his opinion would be to stick with the first road alignment shown which will have the least impact on the wetlands. He stated that he is not in support of stopping the project at Tyler as it would be clear to property owners that the road would someday conrinue through. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-23 ORDERING THE PROJECT MEMORANDUM AND PREPARATION OF PLANS AND SPECIFICATIONS USING THE INITIAL OPTION SHOWN BY MR. MAURER. MOTION CARRIED 4-1. Mayor Klinzing opposed. Councilmember Gumphrey asked Mr. Maurer to investigate the cost of a bridge over the Burandt's wetland. Mr. Maurer noted that a bridge would substantially increase the cost of the project. MOVED BY COUNCILEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-24 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDNANCE WITH MINNESOTA STATUTUES CHAPTER 117 AMENDING #1 TO READ AS FOLLOWS: . "IN ORDER TO CARRY OUT THE OBJECTIVES, IT IS NECESSARY TO ACQUIRE THE FEE TITLE TO AND EASEMENTS OVER THE REAL PROPERTY IDENTIFIED IN EXHIBIT B ATTACHED HERETO OR SOME LESSER PORTION AS DETERMINED BY STAFF ("REAL PROPERTY"). MOTION CARRIED 4-1. Mayor Klinzing opposed. 6.2. Request by Dale/Ann Beaudry for Rezoning from R2 to R2b. Case No. ZC 07-03. Public Hearing - postponed to March 19. 2007 Planner Chris Leeseberg stated the applicant is requesring an ordinance amendment that would reduce the lot size for R2a lots. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing Counci1member Morin questioned why the applicant has not requested a variance. Mr. Leeseberg indicated that a majority of the properties on Jackson Avenue are non- conforming and the ordinance amendment would eliminate spot-zoning in that area. Planning Manager Jeremy Barnhart explained that staff received an application specific to Mr. Beaudry's parcel but would like to research other options to find a solution to all of the non-conforming lots in the area. Counci1member Morin explained that the Housing and Redevelopment Authority and the Downtown Redevelopment Taskforce are currently . . . . City Council Nlinutes February 20, 2007 Page 7 reviewing this area to come up with a concept plan and that he would like the HRA and the Downtown Taskforce to have a chance to comment on this request prior to acring on it. The Council concurred. City Attorney Peter Beck noted that the deadline to act on the application is today; therefore, he requested that the applicant indicate whether or not he would like the application conrinued. Dale Beaudry, applicant - indicated that he would like this application conrinued to March 19,2007. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE THIS APPLICATION TO MARCH 19, 2007 AND FOR STAFF TO SEND THE APPLICANT A 60-DAY LETTER. MOTION CARRIED 5-0. Mayor Klinzing recessed the meering at 7:47 p.m. The meering reconvened at 7:55 p.m. 6.3. Request by 7040 Lakeland Partners (Aldi. Inc.) A. Conditional Use Permit for a Zero Lot Line Development in Elk Ridge Center 4th Addition. Case No. CU 06-27. Public Hearing Planner Chris Leeseberg reviewed the request by 7040 Lakeland Partners for a Conditional Use Permit for a Zero Lot line Development in the Elk Ridge Center 4th Addition. Mr. Leeseberg reviewed the project history and summarized comments made by staff and citizens. He noted that most of the comments have been directed at the development issues which have already been approved by the City Council. Mr. Leeseberg reviewed the criteria for issuance of a Conditional Use Permit. He stated that the request is consistent with all of the standards required to issue a Conditional Use Permit. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Morin indicated that he is pleased with the design changes but expressed concerns regarding the zero lot line development. He questioned when the remainder of the development would be completed. Todd Wind, Counsel for the developer - stated that the developer has every incentive to build out the development as quickly as possible but that a definite date can not be established. Councilmember Morin stated that the zero lot line requires there to be two buildings and in this case, there will only be one. He stated that he would like a commitment on when the other building will be built, possibly within three to five years. Councilmember Gumphrey concurred. Mayor Klinzing indicated that she believes this development has changed in the wrong direction from what was originally proposed. She stated that she would like to see the developer given a shorter timeline to complete construction of the buildings. City Council Nlinutes February 20, 2007 Page 8 Mr. Wind explained that construction timeframes should have been discussed prior to approval of the development agreement. He stated that the developer has followed all of the development requirements and to impose conditions now would be taking away from the property owner's rights. . Counci1member Farber indicated that the developer promised a premier development and that has not happened. He stated that the City Council has made concessions to help get the development going. He also stated that he doesn't believe in building a partial building and the city ordinance allows for denial if the zero lot line if a second building is not constructed. He stated that if the entire building is not built he will not vote in favor. Counci1member Farber expressed concerns with enforcing timeframes. City Attorney Peter Beck explained that the Council could impose conditions including building size and construction timeframe that could be incorporated as part of the Planned Unit Development. Mr. Beck stated that if the developer does not comply, the City Council could withhold future approvals, revoke the development's PUD, or use legal action to enforce the conditions. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CONDITIONAL USE PERMIT FORA ZERO LOT LINE DEVELOPMENT, CASE NO. CU 06-27 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED DATED DECEMBER 7,2006. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES 4. LIGHTING SHALL COMPLY WITH THE ELK RIDGE CENTER DEVELOPMENT DESIGN STANDARDS. 5. ALL CONCRETE MASONRY UNITS SHALL BE INTEGRALLY COLORED. 6. ALL SIGNAGE SHALL REQUIRE A SIGN PERMIT AND BE REQUIRED TO MEET THE REQUIREMENTS OF THE ELK RIDGE CENTER DESIGN GUIDELINES. 7. THE FINAL PLAT SHALL BE RECORDED BEFORE ANY PERMITS WILL BE ISSUED OR SITE WORK CAN BEGIN. 8. NO OUTDOOR DISPLAY/STORAGE SHALL BE ALLOWED ON SITE. 9. BUILDING MATERIAL STYLES AND COLORS SHALL BE PROVIDED AT OR PRIOR TO THE FEBRUARY 20,2007 CITY COUNCIL MEETING. 10. LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING LOCATIONS ON THE BUILDING AND ON THE SITE SHALL BE PROVIDED TO STAFF TO INCLUDE IN THE MEMORANDUM FOR THE FEBRUARY 20, 2007 CITY COUNCIL MEETING. 11. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD SHALL BE REDUCED BY 1,220 SQUARE FEET. 12. A LETTER OF CREDIT, IN THE AMOUNT OF $50,000, SHALL BE PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT 1 BLOCK 1 ELK RIDGE CENTER 4TH PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. 13. ALL ROOF TOP UNITS SHALL BE SCREENED FROM VIEW FROM ANY . . . . . City Council Nlinutes February 20, 2007 Page 9 ADJACENT STREET. 14. THE CONDITIONAL USE PERMIT SHALL BE CONDITIONED ON APPROVAL OF THE FINAL PLAT OF ELK RIDGE CENTER 4TH ADDITION. 15. THERE SHALL BE FULL BUILD OUT OF THE STRUCTURE, AS INDICATED ON THE ELK RIDGE CENTER DEVELOPMENT PLAN (APPROXIMATELY 47,562 SQUARE FEET), WITHIN FIVE YEARS OF APPROVAL OF THIS CONDITIONAL USE PERMIT. 16. THE CONDITIONAL USE PERMIT APPROVAL IS NOT AN AMENDMENT TO THE APPROVED DEVELOPERS AGREEMENT OR THE PLANNED UNIT DEVELOPMENT AGREEMENT. AND BASED ON THE FOLLOWING FINDINGS: 1. THE CURRENT FINAL PLAT SHOWS THE SUBJECT PROPERTY AS BEING PART OF OUTLOT A, ELK RIDGE CENTER SECOND ADDITION. 2. THE DEVELOPMENT PLAN (AS AMENDED NOVEMBER 21, 2005) AND THE PLANNED UNIT DEVELOPMENT AGREEMENT (AS AMENDED MARCH 7, 2006) CONTAIN A DEVELOPMENT WITH SIX (6) BUILDINGS WITH 93,858 SQ. FT. OF BUILDING SPACE. INCLUDED IN THE DEVELOPMENT ARE TO BE NOT FEWER THAN TWO (2) CLASS 1 RESTAURANTS. 3. LOT 6 OF THE DEVELOPMENT IS TO INCLUDE A 47,562 SQ. FT. BUILDING. OTHER BUILDING LOTS WITHIN THE DEVELOPMENT ARE TO BE IN SIZES RANGING FROM 4,500 SQ. FT. TO 18,600 SQ. FT. (WITH THE AVERAGE SIZE BEING APPROXIMATELY 9,300 SQ. FT.). 4. THE SIZE OF THE BUILDING PREVIOUSLY AGREED TO FOR LOT 6 IS LARGER THAN ALL OF THE OTHER BUILDINGS PUT TOGETHER. BEING OF SUCH LARGE SCALE, THE SUBJECT PROPERTY IS CLEARLY THE ANCHOR BUILDING OF THE DEVELOPMENT. 5. WHILE THE SITE PLAN FOR THE SUBJECT PROPERTY INDICATED THAT THE ANCHOR BUILDING MIGHT BE COMPRISED OF THREE RETAIL SECTIONS, THE SUBJECT PROPERTY WAS SHOWN TO HAVE ONLY ONE BUILDING. ON THE SITE PLAN, THE ENTIRE BUILDING WAS DESCRIBED AS LOT 6, BLOCK 2. WHILE ZERO LOT LINE DEVELOPMENT IS A CONDITIONAL USE IN THE DEVELOPMENT, THERE IS NO LANGUAGE IN ANY OF THE PLANNED UNIT DEVELOPMENT AGREEMENT, THE DEVELOPERS AGREEMENT OR THE EXISTING PLATS WHICH DISCUSSES THE CONSTRUCTION OF ONLY A PORTION OF A BUILDING ON THE SUBJECT PROPERTY. 6. ELK RIVER ORDINANCE SECTION 30-1 DEFINES "ZERO LOT LINE" AS "THE LOCATION OF A BUILDING ON A LOT OF RECORD IN SUCH A MANNER THAT ONE OR MORE OF THE BUILDING'S SIDES RESTS DIRECTLY ON A LOT LINE OF A LOT OF RECORD AND WHICH SHARES A COMMON WALL WITH ONE OR MORE BUILDINGS WITHIN THE ZONING LOT." 7. THE DEVELOPER HAS AGREED TO BUILD THE REMAINDER OF THE LOT 6 BU.ILDING WITHIN A PERIOD OF 5 YEARS. SUCH PERIOD IS DEEMED BY THE CITY COUNCIL TO BE A REASONABLE PERIOD OF TIME TO COMPLETE THE BUILDING. City Council Minutes February 20,2007 Page 10 8. DEVELOPER'S FAILURE TO FULLY BUILD OUT THE LOT 6 BUILDING WOULD RESULT IN THE REQUESTED ACTION FOR A CONDITIONAL USE PERMIT FOR A ZERO LOT LINE NOT TO MEET THE ORDINANCE DEFINITION OF A ZERO LOT LINE - WHICH REQUIRES THE BUILDING TO SHARE A COMMON WALL WITH ONE OR MORE OTHER BUILDINGS. 9. DEVELOPER'S FAILURE TO FULLY BUILD OUT THE LOT 6 BUJLDING WOULD SIGNIFICANTLY CHANGE THE OVERALL PLANNED UNIT DEVELOPMENT BY FAILING TO BUILD THE ANCHOR BUILDING. THIS WILL RESULT IN MAKING IT SIGNIFICANTLY MORE DIFFICULT TO FIND OTHER BUSINESSES (INCLUDING CLASS 1 RESTAURANTS) TO LOCATE ON OTHER VACANT LOTS IN THE DEVELOPMENT. THEREFORE, IF THE BUILDING WOULD NOT BE FULLY BUILT OUT, THE ZERO LOT LINE WOULD IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING VACANT PROPERTY. 10. FAILING TO FULLY BUILD THE ANCHOR BUILDING WOULD RESULT IN THE DEVELOPER SIGNIFICANTLY DEVIATING FROM THE PUD AGREEMENT AND DEVELOPERS AGREEMENT BY MAKING IT SIGNIFICANTLY MORE DIFFICULT TO FIND OTHER BUSINESSES (INCLUDING CLASS 1 RESTAURANTS) TO LOCATE ON OTHER VACANT LOTS IN THE DEVELOPMENT. THIS WOULD VIOLATE THE INTENT AND PURPOSE OF THE PUD AS WELL AS THE CITY'S COMPREHENSIVE PLAN. . MOTION CARRIED 3-2. Mayor Klinzing and Counci1member Farber opposed. . B. Resolution 07-25 Approving Final Plat of Elk Ridge Center 4th Addition. Case No. P 06-17 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-25 GRANTING FINAL PLAT APPOROVAL FOR ELK RIDGE CENTER 4TH ADDITION, CASE NO. P 06-17 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED DATED DECEMBER 7,2006. 2. 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. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. 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. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT RELEASE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE . . . . City Council Nlinutes February 20, 2007 Page 11 DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 8. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT 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 WHICH CURRENTLY WOULD BE $11,907. 12. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 3-2. Mayor Klinzing and Councilmember Farber opposed. Mayor Klinzing recessed the meering at 9:00 p.m. The meering reconvened at 9:14 p.m. 6.4. Request by Tiller Corporation for Conditional Use Permit to Amend Exisring Hours of Operation. Case No. CU 07-08. Public Hearing Planning Manager Jeremy Barnhart indicated that the applicant is proposing to amend their Conditional Use Permit to extend their current hours of operation. He noted that the volume of material being mined, processed, and sold is expected to be consistent with past years. Mr. Barnhart stated that Tiller's current CUP allows them to operate from 7:00 a.m. to 7:00 p.m. Monday through Saturday and they are proposing new operaring hours from 4:00 a.m. to approximately 10:00 p.m. Monday through Friday. He stated that the proposed changes will not affect the trucking or hauling operations. Mr. Barnhart explained that equipment needing back up alarms will be fitted with visual alarms for night operations along with a broad based frequency alarm system. He stated that a noise assessment has been conducted but at the February 13 Planning Commission meering, a condition was added to require the applicant to conduct another noise assessment after 60 days of operation under the proposed new hours. Mayor Klinzing opened the public hearing. Steve Rohlf, 12821 188th Avenue - stated that the main issue with the earlier hours is noise and recommended that a condition be added providing staff flexibility to address noise issues if they arise. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. Mr. Barnhart indicated that the original CUP allows staff to address noise issues. City Council Nlinutes February 20, 2007 Page 12 Councilmember Morin stated that he would like to review the amended CUP prior to approving it. He would like staff to draft the amended CUP and bring back for Council approval. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZE STAFF TO PREPARE THE AMENDMENT TO TILLER CORPORATION'S CONDITIONAL USE PERMIT WITH THE NEW OPERATING HOURS AND BRING BACK FOR COUNCIL APPROVAL. MOTION CARRIED 5-0. 6.5. Request by Elk River Holdings GLibertv Heights Estates of Elk River) A. Conditional Use Permit for Residential Planned Unit Development. Case No. CU 06-02. Public Hearing B. Amend the Zoning Map to Rezone Certain Propertv from R1a (Single Family Residential) to PUD (planned Unit Development). Case No. ZC 06-01. Public Hearing C. Preliminary Plat Approval. Case No. P 06-03. Public Hearing Planning Manager Jeremy Barnhart reviewed the project background. Mr. Barnhart also reviewed the changes made to the development as a result of the January worksession discussion. Mayor Klinzing opened public hearings on the Conditional Use Permit, Planned Unit Development, and the Preliminary Plat approval. There being no one to speak to any of these issues, Mayor Klinzing closed the public hearings. . MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING THE PROPERTY TO BE REZONED TO PLANNED UNIT DEVELOPMENT, CASE NO. CU 06-02 SUBJECT TO APPROVAL OF THE PUD DEVELOPMENT AGREEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO AMEND THE ZONING MAP TO REZONE CERTAIN PROPERTY FROM RlA (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 06-01 SUBJECT TO APPROVAL OF THE PUD DEVELOPMENT AGREEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE LIBERTY HEIGHTS ESTATES PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS: 1. APPROVAL OF A CONDITIONAL USE PERMIT, AUTHORIZING THE PROPERTY TO BE REZONED. 2. REZONING APPROVAL FROM R-lA TO PUD 3. THE 29.75 "SCHOOL PROPERTY" ACRES SHALL BE DEDICATED TO THE CITY, TO BE USED FOR FUTURE SCHOOL BUILDING. SHOULD . . . . City Council .i\iIinutes February 20,2007 Page 13 THE SCHOOL DISTRICT NOT USE THE PROPERTY, THE CITY SHALL RETAIN OWNERSHIP FOR PARK AND RECREATIONAL USES. 4. ALL COMMENTS AND CONDITIONS OF THE CITY ENGINEER'S MEMO DATED NOVEMBER 9, 2006 SHALL BE ADDRESSED. 5. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE COUNTY MEMO DATED AUGUST 18, 2006 SHALL BE ADDRESSED. 6. THE LOCATION OF THE NORTHERN ACCESS ONTO CO RD 33 SHALL BE ADJUSTED TO THE EAST OR WEST AS REQUIRED BY SHERBURNE COUNTY. 7. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 8. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. TRAIL EASEMENT OVER ALL EASEMENTS LOCATED ON PRIVATE PROPERTY, INCLUDING THOSE ADJACENT TO COUNTY RIGHT-OF-WAY. . B. AN EASEMENT OF SUFFICIENT WIDTH TO PRESERVE AND PROTECT THE LANDSCAPING IMPROVEMENTS LOCATED ON PRIVATE PROPERTY SERVING THE POPULATION AT LARGE, INCLUDING THOSE ALONG COUNTY ROAD 40 AND 33. C. A 25 FOOT EASEMENT ADJACENT TO THE OUTSIDE EDGE OF DELINEATED WETLANDS, TO NOTE, PRESERVE, AND PROTECT THE REQUIRED NO-TOUCH BUFFER (SEE #9 BELOW). 9. A WETLAND BUFFER OF 25 FEET APPLY TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. AN EXHIBIT SHALL BE PREPARED AND INCLUDED IN THE COVENANTS AND PLANNED UNIT AGREEMENT TO ILLUSTRATE THIS TO FUTURE LAND OWNERS. 10. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 11. A DETAIL OF THE FENCE WITHIN THE BUFFER SHALL BE PROVIDED. 12. TRAFFIC CALMING MEASURES SHALL BE PROVIDED WITHIN THE EXISTING OR APPROVED RIGHT-OF-WAY OR DEEMED NECESSARY BY THE CITY COUNCIL SHALL BE INCORPORATED INTO FINAL DESIGN DRAWINGS. 13. ACCESS RIGHTS SHALL BE PRESERVED OVER OUTLOTS G AND F FOR THE FUTURE ACCESS OF THE EXCEPTION' PARCELS IN THE NORTHWEST CORNER OF THE PLAT 14. A TREE PRESERVATION PLAN BE DEVELOPED AND ACCEPTED BY THE ENVIRONMENTAL ADMINISTRATOR, TO PRESERVE, AT MINIMUM THE FOLLOWING AREAS: A. THE REAR PORTION OF LOTS 2-8, BLOCK 25. B. THE REAR PORTION OF LOTS 1-6, BLOCK 24. C. THE REAR PORTION OF LOTS 4-9, 18-23, BLOCK 9. 15. THE FOLLOWING FEES SHALL APPLY: A. A SEAL COAT FEE SHALL BE PAID AT THE TIME THE FINAL City Council Nlinutes February 20, 2007 Page 14 PLAT IS RELEASED FOR RECORDING. THIS FEE SHALL BE AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT RECORDING. B. WATER AND SANITARY SEWER TRUNK FEES. THE DEVELOPER AGREES TO PAY TRUNK FEES AT THE RATE ESTABLISHED BY COUNCIL FROM TIME TO TIME. C. THE DEVELOPER SHALL PAY $1,000 PER LOT AS THEIR PRO RATA SHARE OF CLEVELAND STREET IMPROVEMENTS, OR $449,000. D. A SURFACE WATER MANAGEMENT FEE SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. 16. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. 7.25 ACRE CITY PARK SOUTH OF THE POTENTIAL SCHOOL. B. .8 ACRES OF USEABLE OPEN SPACE ONTHE SOUTH SIDE OF THE PLAT C. REMAINDER SHALL BE EQUAL TO 67.5% MULTIPLIED BY THE NUMBER OF LOTS IN THE PHASE BEING FINAL PLATTED, MULTIPLIED BY PARK DEDICATION FEE ESTABLISHED AT THE TIME THE FINAL PLAT IS RELEASED. 17. COVENANTS SHALL BE PREPARED TO REGULATE MINIMUM HOUSE SIZE, BUILDING MATERIALS, ETC. 18. A TRUNK SANITARY SEWER AND WATER ASSESSMENT SHALL BE LEVIED OVER THE ENTIRE PARCEL, EXCLUSIVE OF THE COUNTY ROAD RIGHT OF WAY AND WETLANDS, AT THE TIME OF THE FIRST FINAL PLAT. THE ASSESSMENT RATE SHALL BE AS ESTABLISHED BY THE CITY COUNCIL FOR THAT YEAR. WHEN LEVIED, NONE OF THE ASSESSMENT SHALL BE APPORTIONED TO THE SCHOOL SITE OR PARK PROPERTIES. 19. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE FINAL PLAT FOR RECORDING. 20. THE LAND USE AND BULK REGULATIONS FOR THE SUBJECT PROPERTY SHALL BE INCORPORATED INTO THE ZONING ORDINANCE FOR ADMINISTRATION PURPOSES. THIS SHALL BE COMPLETED PRIOR TO RELEASE OF THE INITIAL FINAL PLAT. 21. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL FOR THE FINAL PLAT. 22. 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. 23. BEFORE THE FINAL PLAT OF A SECOND PHASE IS APPROVED, THE WETLAND RESTORATION SHALL BE COMPLETED, THE NORTHERN PARK PROPERTY AND THE SCHOOL PARCEL SHALL BE GRADED GENERALLY FLAT AND SEEDED. . . MOTION CARRIED 5-0. . . . . City Council Nlinutes February 20, 2007 Page 15 The City Council thanked Mr. Dulak for listening to their comments and concerns and modifying the project as necessary. Councilmember Morin expressed concerns with students not living in Elk River attending the newer schools while students living closest to the new school will be attending other elementary schools in Elk River. He stated that he would like to have a statement on record that it is the City Council's expectation that Elk River students be given priority to attend the middle school that will be located on this property. It was recommended that a letter be drafted to be approved at a later date. 6.6. Request by Jeff Werner for Preliminary Plat (Cranberry Ridge). Case No. P 06-15. Public Hearing Senior Planner Sheila Cartney stated that the applicant is proposing to subdivide 54 acres into 16 lots and two Outlots. Ms. Cartney reviewed the project background and demonstrated in her presentation how the applicant addressed the issues of the east/west easement access and County Road 33. Mayor Klinzing opened the public hearing. Mr. Lieder, Lieder Land Development - indicated that he has no objection to the project but he would like to see the construction entrance moved off of 207th Circle and on to the subject property as much as possible to prevent any unnecessary road damage from construction vehicles. City Engineer Terry Maurer explained that 207th is built to city standards and should be able to sustain the construction traffic but it is possible that a route through lot 1 could be developed to make the route the construction traffic travels on 207th shorter. Mr. Maurer noted that with this type of project, the road will be inspected prior to the construction and again after and the developer would be responsible for paying for any necessary road repairs. AI Olson, 10476 205th Avenue - outlined some safety concerns he has regarding cul-de-sacs in the development, the alignment of County Road 33, and with the development review process. He stated that he believes additional issues will need to be addressed prior to approval of this development. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing explained that Sherburne County will have to decide if the development roads are permitted access to County Road 33. She questioned if Sherburne County is seriously looking at a road alignment for County Road 33. Mr. Maurer indicated that they are and that he believes they will attempt to limit access on to County Road 33 in the future due to safety concerns. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUNPHREY TO APPROVE THE PRELIMINARY PLATHFOR CRANBERRY RIDGE, CASE NO. P 06-15 WITH THE FOLLOWING CONDITIONS: City Council Nlinutes February 20, 2007 Page 16 1. ALL COMMENTS OF THE CITY ENGINEER, INCLUDING MEMOS DATED SEPTEMBER 11,2006 AND DECEMBER 7,2006 SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY LETTER DATED AUGUST 22, 2006 SHALL BE ADDRESSED. 3. ALL COMMENTS OF THE ENVIRONMENTAL ADMINISTERS MEMO DATED AUGUST 21, 2006 SHALL BE ADDRESSED. 4. THE ENVIRONMENTAL TECHNICIANS MEMO DATED DECEMBER 8, 2006 SHOULD BE ADDRESSED. 5. A RIGHT TURN LANE ON COUNTY ROAD 33 (QUINCY STREET) SHALL BE INSTALLED ANY WETLAND IMPACTS SHOULD BE REVIEWED PRIOR TO CONSTRUCTION OF THE TURN LANE. 6. AN EASEMENT VACATION APPLICATION IS REQUIRED FOR THE EAST-WEST EASEMENT IN THE MIDDLE OF THE PROPERTY. 7. ALL APPLICABLE BUILDING CODES SHALL APPLY. 8. ALL APPLICABLE FIRE CODES SHALL APPLY. 9. A TREE PRESERVATION AND MITIGATION PLAN SHALL BE SUBMITTED AT THE TIME OF FINAL PLAT APPLICATION, WITH THE GOAL OF MINIMIZING REMOVAL AND SHOWING REPLACEMENT. 10. THE REQUIRED LANDSCAPE TREES SHALL BE INSTALLED BY THE DEVELOPER (2 ON INTERIOR LOTS AND 4 ON CORNER LOTS). 11. ALL REQUIRED SUBDIVISION 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. 12. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 13. 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. 14. 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. 15. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 16. APPROVED STREET SIGNAGE PLAN SHALL BE SUBMITTED PRIOR TO FINAL PLAT APPLICATION. 17. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PREHISTORY 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 TO CONTINUE BY THE CITY. 18. ANY WETLAND IMPACTS WILL REQUIRE A WETLAND PERMIT APPLICATION. 19. TEMPORARY CUL-DE-SAC SIGNS SHALL BE PLACED BY THE DEVELOPER AT THE END OF LINCOLN STREET, KENNEDY STREET. AND NIXON STREET . . MOTION CARRIED 5-0. . . . . City Council Nlinutes February 20, 2007 Page 17 6.7. Request by Scott Powell (Mississippi Ridge 3rd Addition A. Resolution 07-26 Approving Easement Vacation. Case No. EV 07-02. Public Hearing B. Administrative Subdivision. Case No. P 07-02. Public Hearing Senior Planner Sheila Cartney reviewed the project request. Mayor Klinzing opened the public hearing for the Easement Vacation and for the Administrative Subdivision. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. Counci1member Morin indicated that he has concerns with removing the limited access from 171 st Avenue. Mr. Maurer explained that limiring access is a platring term and access will not actually be allowed to 171 st. He noted that the property is platted for a bank. Concerns regarding visibility for the bank were discussed. Steve Rohlf, applicant's representative - stated that the bank will be a single-story bank and the request for signage will be discussed at the March Planning Commission meering. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-26 VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. 07-02. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-27 GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI RIDGE 3RD ADDITION, CASE NO. P 07-02, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED FEBRUARY 8, 2007 SHALL BE ADDRESSED. 2. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.PDF FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. MOTION CARRIED 5-0. 6.8. Request by Jimmy John's Restaurant for a Conditional Use Permit. Case No CU 07-07. Public Hearing Senior Planner Sheila Cartney indicated that the applicant is requesring a Conditional Use Permit to allow a Jimmy John's restaurant at Carson Street Station. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Morin expressed concerns with traffic counts being treated as though this is a sit down restaurant when in fact, it is fast food. Councilmember Farber concurred City Council Nlinutes February 20, 2007 Page 18 explaining that he believes the number of trips estimated may be conservative. Mr. Maurer explained that the number used comes from a traffic engineer's manual. He stated that the trip number for PM peak traffic for sit down restaurants was used because fast food would put it into a much higher traffic count category. He indicated that he believes the number is reasonable and noted that this is for PM peak traffic only and does not include any lunch hour traffic. . Gary Janisch, H]. Development, applicant - stated that a traffic consultant was hired to determine the number of trips each tenant would utilize. He noted that he is not concerned with traffic as the remaining tenant concentration will be on retail which generates less traffic. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A JIMMY JOHN'S RESTAURANT ON LOT 2, BLOCK 1, CARSON BUSINESS PARK, CASE NO. CU 07-07, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. ANY SIGNAGE WILL REQUIRE AN APPROVED SIGN PERMIT PRIOR TO INSTALLATION. MOTION CARRIED 5-0. . 6.9. Resolution 07-29 Approving Easement Vacation Request by United Health, Case No. EV 07-03. Public Hearing Planning Manager Jeremy Barnhart reviewed the request and the project background. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-28 VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 07-03. MOTION CARRIED 5-0. 6.10. Request for Administrative Subdivision by Simple Plat by Sherburne County (Elk Path Business Center 5th). Case No. AS 07-04. Public Hearing Planning Manager Jeremy Barnhart reviewed the request by Sherburne County for Simple Plat approval of Elk Path Business Center 5th Addition. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-29 GRANTING FINAL PLAT APPROVAL FOR ELK PATH BUSINESS PARK . City Council Nlinutes February 20,2007 Page 19 . FIFTH ADDITION, CASE NO. AS 07-04. MOTION CARRIED 5-0. 6.11. Request by Randy Thue for a Conditional D se Permit to Allow Auto Repair. Case No. CD 07 -06. Public Hearing . 6.12. . Senior Planner Sheila Cartney indicated that the applicant is requesring a Conditional Use Permit to allow an auto detailing, auto brokerage, and preventative maintenance shop at 568 Dodge Avenue. Mayor Klinzing opened the public hearing. Randy Thue, applicant - introduced himself and explained his proposed business. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CONDITIONAL USE FOR 568 DODGE AVENUE TO ALLOW AN AUTO DETAIL, AUTO BROKERAGE, AND ROUTINE/PREVENTATIVE MAINTENANCE SHOP WITH AN AUTO DEALER LICENSE WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. THE BUILDING SHALL MEET APP APPLICABLE FIRE CODES. MAJOR VEHICLE REPAIR IS PROHIBITED. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY GARY LEIRMOE, WWTP CHIEF OPERATOR FOR PROPERTY OIL, ANTIFREEZE, AND OTHER LUBRICANT DISPOSAL. ANY MODIFICATIONS DEEMED NECESSARY SHALL BE COMPLETED PRIOR TO OPENING. NO MORE THAN THREE CARS RELATED TO THE BUSINESS CAN BE STORED ON SITE AND SHALL BE KEPT INSIDE THE SHOP OVERNIGHT. OUTDOOR STYORAGE OF ANY KIND IS PROHIBITED. ALL SIGNAGE REQUIRES APPLICABLE SIGN PERMITS. THE TENANT SHALL CONTROL NOISE BY CLOSING THE OVERHEAD DOORS WHEN WARRANTED. ALL VEHICLE WORK MUST BE PERFORMED INSIDE THE BUILDING. 2. 3. 4. 5. 6. 7. 8. 9. MOTION CARRIED 5-0. Request by Arneson Construction for a Conditional Use Permit for Expansion of GRE Energy Facility. Case No. CU 07-05. Public Hearing Senior Planner Sheila Cartney stated that the applicant is requesring approval to amend their Conditional D se Permit to allow an expansion/addition on the GRE building No.2 for their mobile equipment. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor City Council Nlinutes February 20, 2007 Page 20 Klinzing closed the public hearing. . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONDITIONAL USE PERMIT AMENDMENT FOR GREAT RIVER ENERGY TO ALLOW THE 2,500 SQUARE FOOT ADDITION TO BUILDING NUMBER TWO, CASE NQ. CU 07-05 WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING ODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. THE ADDITION SHALL BE A MAXIMUM OF 2,500 SQUARE FEET AND 20-FEET IN HEIGHT. MOTION CARRIED 5-0. 6.13. Request by Orrin Thompson (,River Park) A. Rezoning. Case No. ZC 07-01. Public Hearing B. Conditional Use Permit. Case No. CU 07-02. Public Hearing C. Amendment to PreliminaJ;y Plat. Case No. P 07-01. Public Hearing Senior Planner Sheila Cartney explained that at the December 18, 2006 City Council meering the applicant requested that this item be conrinued to the February 20,2007 meering in order to complete their application. Ms. Cartney indicated that the application remains incomplete and the applicant does not know when a complete application will be submitted. She stated that this item has been advertised for public hearing. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Ms. Cartney noted that once a complete application is received, new public hearing notices will be provided. 6.14. Resolution 07-30 Establishing a Moratorium Relaring to the Issuance of Building Permits for "Advertising Signs" and/or Signage that Utilizes "Electronic Changeable Copy" for One Year from the Date of the Resolution Planning Manager Jeremy Barnhart reviewed the resolution that was prepared based on comments based on discussion at the February 5 workshop. Steve Anderson, Franklin Outdoor Advertising, Clearwater, MN - stated that he submitted an application to replace copy on an exisring billboard sign. City Attorney Peter Beck explained that this application will be allowed under the current moratorium because it is for replacement of exisring copy. He noted that new signs such as this one would not be allowed under the moratorium. Mr. Anderson indicated that he would be happy to assist in discussions with Council and staff regarding this and future sign ordinances. Steve Rohlf, Elk River Ford - indicated that they have a changeable copy sign. He stated that a company has been hired to program the sign but that they would like to hear any . . . . City Council Nlinutes February 20, 2007 Page 21 comments Council has regarding the animation of the sign. It was noted that the flashing animation can be distracring for drivers. Mr. Barnhart noted that the city ordinance prohibits animation. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-30 ESTABLISHING AN INTERIM ORDINANCE (MORATORIUM) ON THE ISSUANCE OF BUILDING PERMITS FOR "ADVERTISING SIGNS" AND/OR SIGNAGE THAT UTILIZES "ELECTRONIC CHANGEABLE COPY)' FOR ONE YEAR FROM THE DATE OF THIS RESOLUTION. MOTION CARRIED 5-0. 7.1. Consider Great River Energy Proposal for Peaking Plant City Administrator Lori Johnson indicated that Great Rivet Energy (GRE) is proposing to construct a peaking plant at its current site in Elk River. GRE is requesring that Sherburne County and the City of Elk River support a legislative property tax exemption for the plant. She stated that the support for the exemption is conringent upon the city entering into an agreement that provides a benefit to the city for hosring the plant, which includes payment in lieu of taxes, conveyance of property for the waste water treatment plant expansion, and an arrangement with Elk River Municipal Utilities (ERMU) where GRE passes savings to help reduce electric rates. Ms. Johnson explained the recent legislation regarding property tax exemptions for personal property. Vince Herda, GRE - provided a description of the project design, capacity, fuel use, water supply, plant operations, environmental impacts, state and federal permits needed, project schedule, and total estimated cost. Rick Lancaster, GRE - provided information on the tax exemptions and reviewed the proposed host agreement. Mr. Beck questioned if Great River Energy is required to complete an Environmental Assessment Worksheet (EA W). Mr. Lancaster indicated that an environmental worksheet is completed by the Minnesota Public Utilities Commission and the report that will be completed is more in depth than an EA W. Councilmember Farber questioned the number of employees Great River Energy currently has. Mr. Lancaster stated that there are currently 300 employees in Elk River but approximately 200 will be moving to the new headquarters in Maple Grove next year. Ms. Johnson indicated that in order for the WWTP to acquire the land necessary to expand, GRE would be required to move some equipment to property they are not currently using. She stated that the property for GRE will need to be rezoned to allow the equipment storage and that this will be addressed in the agreement. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-31 APPROVING THE CONSTRUCTION OF A 150-200 MW SIMPLE-CYCLE PEAKING PLANT FUELED PRIMARILY BY NATURAL GAS WITH FUEL-OIL BACK-UP. MOTION CARRIED 5-0. City Council NIinutes February 20, 2007 Page 22 8. Other Business . There was no Other Business. 9. Council Updates There were no Council Updates. 10. Staff Updates 10.1. TH 169 Study Status City Engineer Terry Maurer provided an update on the Highway 169 study as outlined in his staff report. Counci1member Farber questioned if the process could move at a faster pace. Mr. Maurer indicated that the consultant should have a final answer by summer. Councilmember Morin indicated that he would like this item to be scheduled for a worksession after the focus group discussion is completed. Mr. Maurer stated that the Council should act as though they are guiding this project. Discussion took place on the annual Mn/DOT tour and whether or not a local representative from Mn/DOT could attend the tour. Mr. Maurer explained that he will attempt to get a local representative to attend the tour. . 10.2. Downtown Redevelopment Plan Task Force Update City Administrator Lori Johnson indicated that Mark Urista, Chair of the Downtown Redevelopment Plan Taskforce was going to be present to provide and update but this item has been postponed to the March 12 worksession due to the length of the agenda tonight. 10.3. Discuss Elk River Lions Proposal to Contribute to Splash Park at YMCA Harold Gramstad, Elk River Lions, stated that the Elk River Lions would like to partner with the city and contribute up to 40% of their pull tab revenues towards a Splash Park. Mr. Gramstad explained that the Lions first choice would be to have the Splash Park located at Lions Park but since a Splash Park is proposed to be part of the YMCA project, the Lions would be willing to dedicate funds towards this project as long as a fee schedule allows for admission fees to be separated from a YMCA membership. He stated that he would like the Splash Park to be available to the entire community and not just YMCA members. Ms. Johnson indicated that the YMCA has suggested that the Lions funding go towards outside changing and bathroom facilities to make the Splash Park accessible from outside of the YMCA. Ms. Johnson explained that details of the project such as cost and schedule have not been discussed by the YMCA yet and that more detailed information will become available in the future once the project gets closer. 11. Adjournment . There being no further business, Mayor Klinzing adjourned the meering of the Elk River . . . City Council Nlinutes February 20, 2007 Page 23 City Council at 11:15 p.m. /~utes pr.epared /// / /j ,-,,/~ // ./ Tina Allard City Clerk essica Miller.