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03-18-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 18, 2002 Members Present: Members Absent: Staff Present: Also Present: Mayor Kflinzing, Councilmembers Dietz, Kuester, Motto, and Tveite None City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Assistant Police Chief Jeff Beahen, and Recording Secretary Tina Allard Planning Commissioner Doug Franz and Park and Recreation Commissioner Duane Pederson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. Consider 3/18/2002 Agenda City Engineer Terry Maurer added Item 7.1. Consider Resolution 02-24 Authorizing Eminent Domain and Acquisition of Real Property in Accordance with Minn. Stat. §117.042. Director of Planning M/chele McPherson stated that JKCD, Ltd has requested that Item 6.9. be tabled. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNClLMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3 3.4. 3.5. 3/11/02 CITY COUNCIL MINUTES MASSAGE THERAPIST LICENSE FOR RENEE KLIETZ TO PRACTICE THERAPEUTIC MASSAGE AT SALINA SALON GENERAL PLANNING PERMIT FOR WAL-MART TO ALLOW A TEMPORARY GARDEN CENTER UNTIL JULY 7, 2002 PURCHASE OF A NEW MOUNTING FRAME AND WING BLADE IN THE AMOUNT OF $6,800 FOR STREET DEPARTMENT TRUCK ACCEPT RESIGNATION OF BUILDING INSPECTOR CLAYTON TALBOT AND AUTHORIZATION TO ADVERTISE FOR THE POSITION City Council Minutes March 18, 2002 3.6. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO MASSAGE THERAPY, CASE NO. 0A 02-01, BE TABLED TO APRIL 15, 2002 page 2 COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Robert Guimont, 19146 147th Street - Stated that he would like to see snowmobiles allowed within city limits so that residents on the west side of town can access the trails on Highway 169. He felt that using County Road 35, Upland Avenue, and Meadowvale Road would be an acceptable snowmobile route to the Highway 169 mails. Todd Bouma, 1832 Macon Street - Stated that in one day he counted over 200 snowmobiles going through his yard. He is concerned about the safety of his child playing in his yard and the speed at which snowmobilers travel. He would like to work with the city on creating a safe route for a snowmobile trail. Assistant Police Chief Jeff Beahen stated that the pohce department has been on snowmobile patrol informing citizens of the snowmobile moratorium within Elk River. Richard Gruys, 2347 Monroe Street - Stated that he is concerned about the safety of kids crossing the street on Freeport Avenue near Target. He felt that there should be a crosswalk in this area. He also is concerned with the definition of a single-family dwelling and the number of families that are allowed to live in them. Ms. McPherson stated that the judicial system is not likely to regulate the definition of families or the number of people allowed to live in a single family home but she would inform the city attorney of his concern. 5.1. Utilky Commission Update Councilmember Dietz informed the Council of action taken at the March 12, 2002, UtiLities meeting. 5.2. Park and Recreation Update Director of Planning Michele McPherson stated that there are two vacancies on the Park and Recreation Commission. She stated that Jim Nystrom could not be in attendance at this meeting. She introduced Dawn Polston~Hork, who then proceeded to explain why she wished to serve on the Park and Recreation Commission and the improvements she would like to see in regards to recreation. Mayor I43inzing stated that she knew Mr. Nystrom and would have no trouble appointing him to the Park and Recreation Commission. Councilmember Kuester stated that Mr. Nystrom previously served on the Sherburne County Park Board. Councilmember Motin disclosed that Mr. Nystrom is a client. City Council Minutes Page 3 March ! 8, 2002 COUNCILMEMBER DIETZ MOVED TO APPOINT DAWN POLSTON-HORK AND JIM NYSTROM TO THE PARK AND RECREATION COMMISSION FOR A THREE YEAR TERM TO EXPIRE ON FEBRUARY 28, 2005. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson stated that the Park and Recreation Commission would like the city to proceed with negotiations and a purchase agreement for 10.5 acres of parkland from Grace Assembly of God Church at or near the newly proposed raised price. Councilmember Motin inquired about access to the park. Ms. McPherson stated that access would be through the Royal Oaks Ridge development. Councilmember Dietz questioned the timing on the development of the park. Ms. McPherson stated that due to the location of the park it would be considered a high priority park and would be developed within two to five years. COUNCILMEMBER DIETZ MOVED TO ALLOW STAFF TO CONTINUE WITH NEGOTIATIONS AND A PURCHASE AGREEMENT WITH GRACE ASSEMBLY OF GOD CHURCH FOR THE PURCHASE OF PARKLAND. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Sanitary. Sewer Lining Construction Bids City Engineer Terry Maurer stated that three bids were received for the 2002 server lining project scheduled along 8th Street from Upland Avenue to Watson Avenue and along 6th and 7th Street just east of Irving Avenue. He stated that these areas have a history of sewer problems. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 02-19 ACCEPTING THE BID FROM VISU-SEWER CLEAN AND SEAL IN THE AMOUNT OF $62,849.25 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SANITARY SEWER LINING IMPROVEMENT OF 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Resolution Approving Plans and Specifications and Authorizing Advertising for Bids for Signal Projects City Engineer Terry Maurer stated that the city is ready to receive bids for three signalization projects, 171st Avenue, Waco Street, and School Street. He discussed financing options for these projects and indicated that funds would most likely come from Municipal State Aid. Mr. Maurer stated that typically the city does not assess property owners for this type of project and usually Business Park properties are not assessed and industries are given incentives for locating in certain areas. Councilmember Dietz stated that he didn't want to lose the option of assessing the commercial property owners at Highway 10 and Waco Street. Councilmember Motin stated that Hoyt Partners should be assessed for part of the signal improvement, as the need for the improvement is a result of their Business Park and City Council Minutes March 18, 2002 Commercial development. Council.member Tveite concurred that portions of the improvement should be assessed. Page 4 COUNCILMEMBER KUESTER MOVED TO TABLE THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE TH 10/WACO STREET SIGNAL SYSTEM AND TH 10/171s'r AVENUE AND SCHOOL STREET/JACKSON AVENUE SIGNAL MODIFICATIONS IMPROVEMENTS OF 2002. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. W~X/TP State Award City Engineer Terry Maurer stated that the Minnesota Pollution Control Agency (MPCA) has awarded the Wastewater Treatment Facility an Operational Award and that a Certificate of Commendation will be awarded in March. He stated that this award recognizes outstanding operahon, maintenance, and management of the wastewater treatment plant and collection system. The Mayor and Council recognized staff at the wastewater treatment plant for the outstanding work they have been doing in maintaining the wastewater treatment system. 6.1. Request by Estate of Ruth Moos for Administrative Subdivision, Public Hearing - Case No. AS 02-01 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the estate of Ruth Moos is requesting approval to subdivide the subject property into three parcels. He discussed the lot layout, park dedication fees, drainage and utilities. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR THE RUTH MOOS ESTATE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THERE SHALL BE NO ACCESS TO COUNTY ROAD 32 FROM LOT 1. 3. THE APPLICANT SHALL PAY PARK DEDICATION FEES FOR TWO LOTS. 4. THE APPLICANT SHALL PAY STORM WATER MANAGEMENT FEES FOR TWO LOTS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes March 18, 2002 6.2. 6.3. Page 5 Request by Ron Rickers/Richard Gruys for Administrative Subdivision, Publ/c Hearing- Case No. AS 02-02 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that Ron R/ckers and R/chard Gruys are requesting approval to subdivide a 33 acre parcel into two parcels. She discussed park dedication fees, grading, and utilities. Mayor Klinzing opened the public hearing. Richard Gruys, 2347 Monroe Street - Gave a brief history of the area around his property. He stated that the name of the ditch (Judicial Ditch) in the staff report is incorrect. Mayor Irdinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR RON RICKERS AND RICHARD GRLrYS WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL PAY PARK DEDICATION FEES FOR ONE LOT. 2. THE APPLICANT SHALL PAY STORM WATER MANAGEMENT FEES FOR ONE LOT. 3. A SHARED DRIVEWAY ACCESS EASEMENT SHALL BE RECORDED AGAINST BOTH PARCELS TO ENSURE ACCESS FOR THE NEWLY CREATED PARCEL. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED $-0. Request by STM Development Elk River, LLC for Easement Vacation, Public Hearing - Case No. EV 02-20 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that STM Development is replatting property in Elk River Crossing and Elk River Crossing Second Addition and is requesting an easement vacation to vacate certain drainage and utility easements. He stated that new easements would be created as part of Elk River Crossing Third Addition. City Engineer Terry Maurer stated that easements on Lot 5 should not be vacated due to the comple~ty of the utility lines on this parcel. He stated that Lot 5 would become an oufiot and staff would have to work with the developer to determine the easement locations. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 02-20 VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 02-02 WITH THE FOLLOWING CONDITIONS: City Council Minutes March 18, 2002 Page 6 1. THE FINAL PLAT FOR ELK RIVER CROSSING THIRD ADDITION IS APPROVED BY THE CITY COUNCIL. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THE 40 FOOT WIDE EASEMENT THAT EXTENDS FROM THE LIFT STATION TO ZANE STREET SHALL NOT BE VACATED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4, Request by STM Development Elk River, LLC for Final Plat Approval .(Elk River Crossing 3'a), Case No. P 01-15 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that STM Development is requesting final plat approval for Elk River Crossing Third Addition. He stated that the applicant is proposing to replat four lots into three lots and an outlot and that the outlot would have to be platted prior to any development. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 02-21 GRANTING FINAL PLAT FOR ELK RIVER CROSSING 3m~ ADDITION, CASE NO. P 01-15 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ACCESS TO LOT 1 SHALL BE RESTRICTED TO THE EXISTING SHARED DRIVEWAY AND A SHARED ACCESS WITH LOT 2. SHARED ACCESS SHALL BE REQUIRED ON THE OTHER LOTS. 3. NEW EASEMENTS ALONG PROPERTY LINES SHALL BE DEDICATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-O. 6.5. Request by Windsor Development for Final Plat Approval ,(Windsor Oak Hill 2nd Addition), Case No. P 02-06 Director of Planning 1Vfichele McPherson submitted the staff report. Ms. McPherson stated that Windsor Development, LLP is requesting final plat approval for Windsor Oak Hill 2nd Addition. She discussed lot size, access, utilities, and park dedication requirements. City Engineer Terry Maurer stated that he would like to withdraw the concerns outlined in his memo. He stated that they have been addressed. Ron Halpaus, 19563 Lander Street- reminded the Council of the damage to his property caused by the development and informed the council of his intent to file suit. City Council Minutes March 18, 2002 COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 02-22 GRANTING FINAL PLAT APPROVAL FOR WINDSOR OAK HILL 2ND ADDITION, CASE NO. P 02-06 WITH THE FOLLOWING CONDITIONS: Page 7 THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. o THAT THE DEVELOPERS AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. o THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 7. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. BE OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT. 9. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 10. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL- DE-SACS PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. THAT THE DEVELOPER PROVIDE SCREENING ALONG COUNTY ROAD 1 IN A LANDSCAPE EASEMENT TO BE RECORDED WITH THE COUNTY AGAINST THESE LOTS WITH THE RECORDING OF THE FINAL PLAT. 2o THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK AND OUTLOT B AS PART OF THE PLAT IMPROVEMENTS IN THE FIRST PHASE AND CONSTRUCTED TO CITY STANDARDS. City Council Minutes March 18, 2002 Page 8 THAT 5 ACRES OF LAND BE ACCEPTED AS DEDICATED PARK LAND AND THE REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN LIEU OF LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL AND PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY ORDINANCE. 15. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF BUILDING PERMITS. 16. THAT LANDSCAPING PLAN BE SUBMITTED THAT SHOWS THE REQUIRED STREET AND YARD TREES AND SCREENING ALONG COUNTY ROAD 1. 17. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. 18. THAT TEMPORARY CUL DE SACS BE PROVIDED AS DETERMINED BY THE CITY ENGINEER. 19. THAT 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. 20. THAT A 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 WITH SHERBURNE COUNTY. 21. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 22. 23. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT. THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE DEVELOPER OBTAIN A SIGN PERMIT FROM THE CITY AND PROVIDE ANY REQUIRED EASEMENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 9 March 18, 2002 6.6. Request by D.R. Horton for Final Plat Approval ,(Trott Brook Farms South), Case No. P 01-14 6.7. Request by STC/Fischer/D.R. Horton for Final Plat Approval, (,Trott Brook Crossing,), Case No. P 02-01 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker discussed street and lot layout, landscaping, and park dedication requirements. Councilmember Motin questioned how the developer was able to create an additional lot between Outlot D and Hillside. Tom Bakratges, D.R. Horton Project Manager - Stated that the powerline easement was incorrect so lot lines had to be shifted. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 02-23 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS SOUTH, CASE NO. P 01-14 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE CUL-DE-SAC ON STREET A SHALL BE RELOCATED TO BE ADJACENT TO THE BLACK PROPERTY UNLESS THE NECESSARY LAND OR EASEMENT IS OBTAINED FROM THE BLACKS SO THAT THE CUL DE SAC CAN BE PARTIALLY LOCATED ON THE BLACK PROPERTY. 0 PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIMED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO TWIN LAKES ROAD. STORMWATER DISCHARGE FROM THE SITE SHALL NOT EXCEED 5 CFS (CUBIC FEET PER SECOND). THE DEVELOPER SHALL PAY FOR A TRAFFIC STUDY COMPLETED BY A CONSULTANT HIRED BY SHERBURNE COUNTY. 6. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. o THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 8. THAT THE MAILBOXES SHALL BE CLUSTERED. ANY ADDITIONAL ARTIFACTS THAT ARE FOUND DURING ANY PHASE OF THE PROJECT SHALL BE REPORTED IMMEDIATELY TO THE CITY AND SHPO. THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT City Council Minutes Page 10 March 18, 2002 DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. 10. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 16. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 17. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS A, B, CAND D. 18. A 25 FOOT WIDE TRAIL EASEMENT SHALL BE PROVIDED THROUGH OUTLOT D AND THE DEVELOPER SHALL CONSTRUCT A TRAIL TO HILLSIDE CITY PARK THROUGH OUTLOT D FROM STREET C. 19. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 20. A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. 21. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 22. THE APPLICANT SHALL MAKE, AND THE CITY SHALL ACCEPT AN OFFER FOR THE PURCHASE OF OUTLOTS A AND B~ ELK RIVER CROSSING AND OUTLOT A, ELK RIVER BUSINESS PARK PRIOR TO RECORDING THE PLAT. City Council Minutes March 18, 2002 Page 11 6.8. 23. OFF-STREET PARKING SHALL BE PROVIDED AS REQUIRED BY THE ORDINANCE. 24. BUILDING MATERIALS SHALL COMPLY WITH THE ORDINANCE. 25. EMERGENCY VEHICLE ACCESS WILL BE PROVIDED IN ORDER TO SHORTEN THE CUL-DE-SAC OF STREET A. 26. 27. 28. PLACEMENT OF THE STORM SEWER IN THE WETLAND SHALL BE COMPLETED AND THE PHYSICAL CHARACTERISTICS OF THE WETLAND SHALL BE RESTORED WITHIN SIX MONTHS OF THE START OF THE ACTIVITY; INCLUDING GROUND ELEVATION, CONTOURS, INLET DIMENSIONS, OUTLET DIMENSIONS, SUBSTRATE, AND HYDROPONICS REGIME. THE COST OF SAID RESTORATION IS COVERED IN THE LETTER OF CREDIT FOR THE PROJECT. 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. 29. THE COACH TOWNHOMES SHALL HAVE A 32" BREAK IN THE REAR ELEVATION. THE DECK IS NOT CONSIDERED A BREAK IN THE ELEVATION. 30. 31. THAT OPTION A BE USED FOR THE EXTERIOR BUILDING DESIGN FOR THE TOWN HOUSES LOCATED ON LOTS 7 AND BLOCK 6, LOTS 1 AND 2, BLOCK 7, LOTS 1-3, BLOCK 8. THE TOWNHOMES LOCATED IN BLOCKS 6, 7 AND 8 SHALL BE SETBACK A MINIMUM OF 25 FEET FROM THE BACK OF THE CURBLINE OF ALL PRIVATE STREETS. 32. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Tammy Weeks for Conditional Use Permit for Home Occupation .(Beauty Salon), Public Hearing- Case No. CU 02-03 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that Tammy Weeks is requesting a conditional use permit for a home occupation. He stated that that Ms. Weeks would like to operate a beauty salon from the basement of her existing home. He discussed floor layout and hours of operation. City Council Minutes March 18, 2002 Page 12 Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor Iadinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION TO OPERATE A BEAUTY SALON WITH THE FOLLOWING CONDITIONS: 1. THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. IF ADDITIONAL WORKSTATIONS AND/OR TANNING BEDS ARE TO BE PROVIDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED $-0. 6.9. Request byJKCD, LTD for Conditional Use Permit (Sterling Community. Bank), Public Hearing - Case No. CU 02-04 The applicant submitted a letter stating that JKCD, LTD would like this issue tabled until April 15, 2O02. Mayor Iadinzing stated that the public heating for this item will still be held. Mayor Kflinzing opened the public heating. There being no one to speak to this issue, Mayor I~4inzing closed the public hearing. Councilmember Motin stated that he would like the city engineer's memo to be more specific regarding conditions the applicant must meet. COUNCILMEMBER MOTIN MOVED THAT THE REQUEST BY JKCD, LTD FOR A CONDITIONAL USE PERMIT BE TABLED UNTIL THE CITY COUNCIL MEETING ON APRIL 15, 2002. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request by Cascade Land Co. for Preliminary. Plat .(Windsor Park 3'd Addition), Public Hearing- Case No. P 02-03 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Dynamics Design and Land Company is requesting preliminary plat approval of Windsor Park 3~d Addition, a cluster development. Mr. Harlicker discussed density, lot and street layout, open space, trails, landscaping, park dedication requirements, Planning Commission recommendation, and the well and septic. Mayor Klinzing opened the public heating. City Council Minutes Page 13 March 18, 2002 Jim Brown, Cascade Design and Land Company Representative - Stated that he tried to keep lots away from County Road 33. He stated that 95 percent of the lots are adjacent to open space and that 137 of the 197 acres in this plat is open space. He discussed the architectural theme, streetscape, and signage. Doug Franz, Planning Commission Representative - Stated that the Planning Commission felt that the land north of County Road 33 is critical to the density of this development. The commission felt that the land north of County Road 33 would not be accessible to residents in Windsor Park 3ra Addition and therefore it did not meet the public use intent of the open space ordinance. Terry Holme, 13467 212th Avenue - Stated that the reason she moved from her last home was to get away from all the development and now she is concerned about Windsor Park coming in behind her house. She stated that she would like Lot 6 of Block 10 removed so that she would have more open space around her home. Mr. Brown suggested that he could look at creating a 30 foot no-cut zone to act as a buffer. Mayor I~dinzing closed the public hearing. Councilmember Kuester stated she didn't support this development, as it didn't meet the intention of the open space ordinance. She stated that it was not the intent of the Council to have unusable land, such as wetlands, as open space. Mayor Iadinzing stated that the density bonuses are not being met for this project but that the community would be gaining a public area wide park. She felt the open space ordinance is in place to protect spaces that are environmentally sensitive, such as wetlands. Duane Pederson, Park and Recreation Commissioner - Stated that the commission would like to see the proposed area wide park located north of County Road 33 be accepted. He stated that this parcel is ideal for parkland due to its size, trees, and the high ground. He suggested that some type of culvert or opening be installed under County Road 33 to allow residents in Windsor Park 3'd Addition access to the park. Councilmember Motin stated that the developer should not be given density bonuses for the area wide park as it doesn't meet the ordinance requirements and the developer should eliminate some lots. He stated that the developer is already receiving credit for park dedication fees with the area wide park and should not also receive density bonuses for this park. He stated that density bonuses should not be given for landscaping around the drainage pond. The developer did not meet the 70' easement requirements of the county. He also thought that the community benefit lot is a policy issue that needs more discussion by Council. Councilmember Kuester stated she is not comfortable with making a decision on the community benefit lot. She stated that this is a policy issue that should be reviewed at a later date. Mr. Franz stated that the Planning Commission was not comfortable with making any decision regarding the community lot benefit. Mayor Klinzing and Councilmember Motin felt that this was a good plat and should not be denied but that some lots should be eliminated City Council Minutes Page 14 March 18, 2002 COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR WINDSOR PARK 3m> ADDITION BUT THAT DENSITY BONUSES NOT BE ALLOWED FOR PUBLIC SPACE AND THAT THE COMMUNITY BENEFIT LOT NOT BE ALLOWED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilrnember Kuester opposed. Councilmember Kuester stated that she didn't feel this plat met the intentions of the open space ordinance. 6.11. Request by City. of Elk River for Sale of Excess Property., Public Heating Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that D.R. Horton would like to consider a land exchange with the city. She stated that the exchange is consistent with the Comprehensive Plan and that the Park and Recreation Commission would be interested in the exchange as they could gain parkland. Mayor Kdinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Ms. McPherson stated that the contract for the exchange of land would be scheduled for approval by the Council at a later date. 6.12. Select Councilmember to Serve on the Comprehensive Plan Update Task Force The Council confirmed that Councilmember Tveite would serve as a primary member of the Comprehensive Plan task force and Councilmember Motin would serve as an alternate. 7. Other Business City Engineer Terry Maurer stated that a resolution that was passed at the March 11, 2002, Council meeting regarding authorizing eminent domain and acquisition of real property in accordance with Minn. Stat. 117.042 had errors in Exhibit A. He would like to have the adopted resolution rescinded and a new resolution adopted with the corrected Exhibit A. COUNCILMEMBER DIETZ MOVED TO RESCIND RESOLUTION 02-17 AND TO ADOPT RESOLUTION 02-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. 117.042. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates City Administrator Pat Kdaers stated that staff would like direction from Council on how to solicit citizens to join the Comprehensive Plan Task Force. Ms. McPherson stated that Richard Gruys and Ron Halpaus have accepted an invitation to join the task force. Councilmember Kuester suggested Frank Galli, a businessperson from the downtown area. Councilmember Motin suggested that an announcement be placed in the newspaper soliciting resident involvement in the process. City Council Minutes Page 15 March 18, 2002 Mr. Klaers stated that the land exchange with D.R. Horton means that D.R. Horton will want to come back to the Council with a replat and more townhomes. Mr. Klaers provided the Council with a brief update on the public safety/city hall expansion project. He stated that the recent calculations for the geothermal project were incorrect and that the city is still considering installing it as the capital payback is in the ten to twelve year timeframe. He stated that there would be more maintenance involved with using geothermal but the city would have less operating expenses and lower utility bills. Mr. Klaers stated that Orono Parkway would be closed for approximately 2-4 weeks for median work. He also discussed the ramp, roofing, ceilings, and hghfing. Mayor Klinzing stated that a Russian delegation was in town to learn about Energy City. She stated that it was very good publicity for the city. Discussion was held regarding the City Council meeting schedule. 9. Adjournment There being no further business, Mayor Iadinzing adjourned the meeting of the Elk River City Council at 9:30 p.m. Tina Allard Recording Secretary