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01-16-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 16, 2001 Members Present: Members Absent: Staff Present: 1. Call Meetin.q To Order Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, City Engineer Terry Maurer, City Attorney Peter Beck, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Recording . Secretary Tina Ailard 4.1. 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 1 / 16/2001A.qenda Councilmember Dietz requested that Item 6.4. be considered before Item 6.1. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent A.qenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.5. 3.6. 1/8/2001 CITY COUNCIL MINUTES - APPROVED REQUEST BY WALTER KRAUSE FOR CONDITIONAL USE PERMIT FOR PARKING OF SEMI TRACTOR TRAILER IN RESIDENTIAL ZONE - WITHDRAWN, NOT REQUIRED REQUEST BY WAL-MART FOR A TOBACCO LICENSE - APPROVED REQUEST BY MARY OPAY FOR MASSAGE THERAPIST LICENSE RENEWAL - APPROVED REQUEST BY THE WASTEWATER TREATMENT FACILITY TO PURCHASE A 1 -TON TRUCK IN THE AMOUNT OF $25,236.24 AND A 3/~-TON TRUCK IN THE AMOUNT OF $24,217 FROM ELK RIVER FORD. REQUEST TO PURCHASE A FLAT BED AND CRANE FROM J-CRAFT IN THE AMOUNT OF $15,995 - APPROVED REQUEST BY MICHELE MCPHERSON TO ATTEND THE NATIONAL PLANNING CONFERENCE - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Utilities Commission Update Councilmember Dietz stated that due to objections raised about the two proposed water tower locations, the utilities commission is in the process of looking for alternative sites. The utilities commission is also receiving opposition City Council Minutes Page 2 January 16, 2001 from property owners on other possible water tower locations. If all else fails the Council may be asked to reconsider one of the original two sites. Councilmember Dietz commented that MMUA would like the utilities commission to be more involved with legislative activity. 4.2. Park & Recreation Update Planning Director Michele McPherson stated that the park and recreation commission has established its goals for 2001 and is also reviewing snowmobile issues within the Urban Service District. 4.3. Review Site Plan; Holt & JaCkson Commercial Proiect Planning Director Michele McPherson submitted the staff report. Ms. McPherson noted that council requested a review of the site plan for Holt and Jackson submi~ed by HJ Development prior to the closing date for the property. Ms. McPherson discussed lighting, parking, landscaping, and building design. Councilmember Tveite expressed concerns regarding the proximity of the southern driveway entrance to 193rd Avenue. City Engineer Terry Maurer stated that the driveway entry is less than 100' from 193rd Avenue and there may be some back up of vehicles occurring in the parking lot at certain times of the day. Mayor Klinzing questioned whether the median on Jackson Avenue could be extended to deter people from making a left turn on Jackson Avenue. Gary Janish. HJ Development - Mr. Janish stated that if the median on Jackson Avenue were extended, he would be worried about drivers making U-turns further up the road on Jackson Avenue. Jerry Hertel, HJ Development - Mr. Vrotel stated that the tenants in this building would not generate as much traffic as a gas/convenience store would generate. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONCEPT PLAN BY HJ DEVELOPMENT FOR A RETAIL FACILITY AT THE HOLT AND JACKSON SITE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for Open Mike. 6.4. Request by Phoenix Enterprises for Preliminary Plat Approval ('Hillside Estates 8rn Addition), Public Hearin.q - Case No. P00-18 Staff report submitted by Senior Planner Scott Harlicker. Mr. Hariicker stated that Phoenix Enterprises is requesting Preliminary Plat approval of Hillside Estates Eighth Addition, a 104-1ot single-family residential subdivision in the Rle zoning district. Mr. Harlicker discussed tree preservation, landscaping, signage, roads, sidewalks, and parks and trails. Mr. Harlicker noted that a 50-foot buffer would be maintained between the commercial area and the future residential area as part of the residential lots. Mayor Klinzing opened the public hearing. City Council Minutes Page 3 January 16, 2001 Daryl Thompson, 20680 Watson Street - Mr. Thompson, representing the developer, stated that the lot sizes in this development are on average 30% larger than what the city requires. Mr. Thompson stated that if residents didn't want the parkland, then the developer would use it to build more houses. Mr. Thompson stated that he had no problem with putting a sidewalk on Dodge Street as long as it had a destination and he had no problems with the wetland lots being reviewed by a technical evaluation panel. Tim Franke, 19407 Dodge Street - Mr. Franke stated that if this development were to occur he believes that the traffic on 193r~ Avenue and Evans Avenue would be too dangerous. Mr. Franke felt that the city needed to look at the issues of traffic on Dodge Street, the clear-cutting of trees, and the park location. Mr. Franke believes that the rezoning of this property from PUD to Rle was a mistake. Danelle Green, 19339 Carson Circle - Ms. Green questioned the size of the required three trees per lot and whether they could really be considered to replace the mature trees that have been around for years. Ms. Green also stated that the parkland was undesirable as it is located adjacent to power lines. Robin Fitzgerald, 19374 Dodge Street - Ms. Fitzgerald was concerned that Dodge Street will become a collector street in that it would not be built wide enough to support future traffic. Ms. Fitzgerald submitted a letter on behalf of Rich and Sally Pesta. Mike Maass, 19374 Baldwin Circle - Mr. Maass stated concerns about Dodge Street becoming as unsafe as Auburn Street. Brian Green, 19339 Carson Circle - Mr. Green stated that the city should look at the long-term impact of this development. Mr. Green stated that he was concerned about oak wilt. Mr. Green questioned whether the development was as nice as it could be. Mike Jenson, 19395 Dodge Street - Mr. Jenson submitted a petition supporting the rejection of the preliminary plat for Hillside Estates Eighth Addition. Mr. Jenson is also concerned about tree loss. Rich and Sally Pesta, 19506 Auburn Street - Senior Planner Scol-t Harlicker read a letter submitted to the city by Mr. and Ms. Pesta opposing the preliminary plat for Hillside Eighth Addition. The letter stated that the proposed park is not in the master park plan and should not be located adjacent to power lines. Mr. Pesta is also concerned with traffic and speed on Auburn and Dodge Street and he would like to see a cul-de-sac put in on Dodge Street. Mr. Pesta expressed concern about tree loss. Bill Gutzwiller, 19388 Dodge Street - Mr. Gutzwiller wanted to make sure the council received the letter he submitted in opposition to the proposal. Gary Weaver, 19438 Auburn Street - Mr. Weaver stated that the developer should not be allowed to start a new addition until the old additions are completed. Mr. Weaver stated that he is still waiting for the sidewalks to be installed in his neighborhood. Mr. Weaver is concerned about traffic and safety. Mr. Weaver stated that he didn't believe the park would be created. City Council Minutes January 16, 2001 Page 4 Dave Crocker, 19422 Auburn Street - Mr. Crocker was concerned that Dodge Street will have the traffic problems that Auburn Street currently experiences. Doug Franz, 19416 Dodge Street - Mr. Franz would like to see more citizen participation being allowed on this project. Scott Fitzgerald, 19374 Dodge Street - Mr. Fitzgerald questioned what the expected traffic flow would be for Dodge Street once it is completed. City Engineer Terry Maurer stated that there would be 600-900 trips per day expected on this route. Mayor Klinzing closed the public hearing. Councilmember Kuester questioned whether the trail located on Outlot B on the north side of 196r~ Avenue is still needed. Park and Recreation Commissioner Duane Pederson stated that the idea was to have a continuous trail corridor from the power line trail but that the trail along 196· Avenue is too steep for a bituminous trail. The park commission felt the alternative trail was needed for safety reasons and it would eventually connect to 197th Avenue at Evans Avenue. Councilmember Dietz left the meeting at 7:30 p.m. Councilmember Motin expressed concerns about safety, parkland next to powerlines, traffic at the intersection of 193rd Avenue and Evans Avenue, and retaining walls. Councilmember Tveite stated concerns regarding density and wetlands. Councilmember Tveite stated that he believed the 50' buffer zone would be adjacent to the lots located on the west end of the plat and that the land on these lots would not be included as part of this 50' buffer zone. Councilmember Kuester asked City Engineer Terry Maurer to elaborate on his memo to council. Mr. Maurer stated that in the spring of 2001 the city is planning on doing a traffic count on 193rd and Evans Avenue to see if there is a need for signal control or a 4-way stop situation. Mayor Klinzing stated concerns of traffic, lot sizes, and density. Councilmember Kuester stated that there was not a park originally included in this plat and she would like to see a park stay in this plat. Councilmember Kuester also requested that residents work with the Park Commission regarding the park. COUNCILMEMBER MOTIN MOVED TO CONTINUE THIS ITEM AND THAT A RESOLUTION FOR A DENIAL OF THE PETITION FOR PRELIMINARY PLAT OF HILLSIDE ESTATES EIGHTH ADDITION BE PREPARED TO BE PRESENTED TO COUNCIL ON JANUARY 22, 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Council took a 10 minute recess. City Council Minutes January 16, 2001 6.1. Request for Revised Final Plat Approval by Phoenix Enterprises Twin Lake Townhomes - Case No. P00-7 Page 5 Staff report bubmitted by Planning Director Michele McPherson. Ms. McPherson stated that Phoenix Enterprises is requesting approval for a revised final plat of Twin Lakes Townhomes 1st Addition. Councilmember Motin stated that he would like to see a condition added stating that no roads in Phase I shall connect with any roads in Phase II of the development. Daryl Thompson, 20680 Watson Street - Mr. Thompson questioned why council felt the need to cul-de-sac the streets in this development because Twin Lakes Road is now a through street. Councilmember Motin stated that the City Council will most likely cul de sac Twin Lakes Road when 193rd Avenue becomes a through street. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REVISED FINAL PLAT OF TWIN LAKES TOWNHOMES 1sT ADDITION WITH THE FOLLOWING CONDITIONS: THAT THE COMMENTS OF THE COUNTY HIGHWAY ENGINEER BE INCORPORATED INTO THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR THE PROPOSED ACCESS ONTO COUNTY ROAD 13 PRIOR TO CONSTRUCTION. 2. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 3. THAT THE PLAT AND DEVELOPMENT CONFORM TO THE CITY OF ELK RIVER ORDINANCES. THAT THE DEVELOPER PROVIDES HOMEOWNERS ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEYS REVIEW AND APPROVAL PRIOR TO THE RECORDING OF THE FINAL PLAT. 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 WITH SHERBURNE COUNTY. PARK DEDICATION FEE AND TRAIL 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. o THAT AN EASEMENT BE PROVIDED FOR A CITY TRAIL AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION OVER THE EAST AND WEST TRAILS TO ALLOW PUBLIC ACCESS. 8. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT AND SITE PLANS. 9. THAT ALL LANDSCAPED AREAS BE IRRIGATED. City Council Minutes January 16, 2001 6.2. Page 6 THAT PHASE TWO BE CONTINGENT ON THE RECOMMENDATIONS OF THE TECH PANEL AND ARMY CORPS OF ENGINEER REVIEWS. 11. THAT THE DEVELOPER OBTAINS WRII'rEN APPROVAL FROM THE UTILITIES TO GRADE IN THE GAS AND POWER LINE EASEMENTS. 12. THAT THE PARKING AND PAVEMENT BE REMOVED FROM THE 6TM STREET BOULEVARD WHERE DISRUPTED BY UTILITY WORK AND RESTORED WITH TURF. 13. THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT PLANS AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLATION OF ANY SIGNS. 14. THAT THE PRIVATE ROADS BE RESTRICTED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING NO PARKING. 15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIP LINE TO PREVENT DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 16. THAT THE RIGHT-OF-WAY BE GRANTED FOR THE LINE AVENUE CUL-DE-SAC. 17. THAT PHASE II OF THE DEVELOPMENT BE CONTINGENT UPON THE DEVELOPER OBTAINING THE APPROPRIATE WETLAND APPROVALS. 18. THAT NO ROADS IN PHASE I SHALL CONNECT WITH ANY ROADS IN PHASE II OF THE DEVELOPMENT WITH THE EXCEPTION TO ALLOW FOR EMERGENCY VEHICLE ACCESS. MAYOR KLINZING SECONDED THE MOTION. Councilmember Tveite questioned whether Councilmember Motin's condition included breakaway barriers in the cul de sacs. Councilmember Motin stated they would be acceptable for emergency access purposes. THE MOTION CARRIED 4-0. Request for Administrative Subdivision by Milton Tuttle, Public Hearin.q - Case No. AS 01-01 Director of Planning Micheie McPherson submiffed the staff report. Ms. McPherson stated that Milt Tuttle is requesting to subdivide 10.97 acres of property into three parcels. Ms. McPherson discussed county access requirements, park dedication fees, and storm water management fees. Mayor Klinzing opened the public hearing. There being no one to speak to this matter Mayor Klinzing closed the public hearing. City Council Minutes January 16, 2001 Page 7 COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO CREATE THREE PARCELS IN THE R1A SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, WITH THE FOLLOWING CONDITIONS: 1. THE DEDICATION OF 50 FEET OF RIGHT-OF-WAY SHALL BE COMPLETED IN FEE TITLE. 2. THE APPLICANT SHALL PAY PARK DEDICATION FEES FOR TWO PARCELS. 3. THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES FOR TWO PARCELS. 4. THE APPLICANT SHALL EXECUTE GRANT OF EASEMENT AGREEMENTS FOR DRAINAGE AND UTILITY EASEMENTS OVER THE PARCELS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6,3. Request by Elk River Area Schools for Conditional Use Permit for Temporary Classrooms at VandenBer.qe and Elk River Senior Hi.qh School - Public Hearin.q - Case No. CU 00-43 Staff report submitted by Michele McPherson. Ms. McPherson stated that Elk River Area Schools District # 728 is requesting approval of an interim use permit to allow eight trailers for temporary classrooms until June 2003, while construction is occurring at Elk River High School and VandenBerge Junior High School. Mayor Klinzing noted that these trailers would be taking up some of the parking at the school and questioned what the school planned on doing about the parking problem. Ron Bratlie, Elk River District #728 Schools - Mr. Bratlie stated that before construction began with the temporary classrooms the school district would finish constructing a parking lot on the west side of the high school. Mr. Bratlie informed the council that the trailers would be cordoned off with gates so no one would be able to drive near them. Mayor Klinzing opened the public hearing. There being no one to speak to this matter Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE REQUEST BY ELK RIVER AREA SCHOOLS DISTRICT #728 FOR A CONDITIONAL USE PERMIT TO ALLOW EIGHT TRAILERS FOR USE AS TEMPORARY CLASSROOMS UNTIL JUNE 2003 WITH THE FOLLOWING CONDITIONS: 1. THE TRAILERS SHALL MEET THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. 2. THE SCHOOL DISTRICT SHALL WORK WITH THE FIRE CHIEF TO MAINTAIN ADEQUATE EMERGENCY VEHICLE ACCESS AT ALL TIMES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes Page 8 January 16, 2001 6.5. Request by City of Elk River for Ordinance Amendment Add Definition for Landscape Contractin.q Yard, and Amendment to Allow Landscape Contracting yard as a Conditional Use in the A1 (A.qricultural} Zonin.q District, Public Hearin,q - Case No. OA 00-9 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the City of Elk River is requesting an amendment to the zoning code to create a definition for landscaping contractor yards and allow landscaping contractor yards as a conditional use in the A1 District. Mr. Harlicker reviewed the conditional and permitted uses currently allowed in the A1 District. Councilmember Motin questioned why the planning commission decided not to include retail sales into the definition of landscaping contractor yard. Planning Commissioner Mark Pederson stated that the definition would be too broad and too difficult to enforce. Mayor Klinzing opened the public hearing. There being no one to speak to this matter Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE AMENDMENT 01-01 TO AMEND THE ZONING ORDINANCE TO CREATE A DEFINITION FOR LANDSCAPING CONTRACTOR YARDS AND TO ALLOW LANDSCAPING CONTRACTOR YARDS AS A CONDITIONAL USE IN THE A1 (AGRICULTURAL CONSERVATION) DISTRICT, CASE NO. OA 00-9. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Consider Draft Resolution Regarding Commuter Rail Station Senior Planner Scott Harlicker submitted a draft resolution for the council's consideration regarding future land uses in and around the proposed commuter rail station. COUNCILMEMBER MOTIN MOVED TO APPROVE THE RESOLUTION WITH TWO MINOR CHANGES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7, Other Business There was no other business. 8. Staff Updates City Administrator Pat Klaers informed the council of future meeting dates. Mr. Klaers noted that there is a joint meeting scheduled with the county on Monday, February 12, 2001. Mr. Klaers also stated that he received a lel-ter from Sherburne County requesting that the Board of Equalization Meeting be scheduled for Thursday, April 26, 2001. COUNCILMEMBER MOTIN MOVED TO CALL THE ANNUAL JOINT BOARD OF EQUALIZATION MEETING FOR 6:00 P.M., THURSDAY, APRIL 26, 2001, AT THE City Council Minutes Page 9 January 16, 2007 ............ ~-....--.. ~-~,-. ..... GOVERNMENT CENTER. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS POLICE SERGEANT UNION LABOR NEGOTIATIONS FOR 2000- 2002 CONTRACT. COUNCILMEMBER TVEITE SECONDED THE MOTIN. THE MOTION CARRIED 4-0. 10. Adiournment There being no further business, Mayor Kiinzing adjourned the meeting of the Elk River City Coun.~at 8:40 p.m. / Tina Allard Recording Secretary EXECUTIVE SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 16, 2001 Members Present: Members Absent: Staff Present: Also Present: Mayor Klinzing, Councilmembers Kuester, Motin, and Tveite Councilmember Dietz City Administrator Pat Klaers, Finance Director Lori Johnson, Police Chief Tom Zerwas, Assistant Police Chief Jeff Beahen, Recording Secretary Tina Allard Ann Antonsen, Labor Relations Association /River City Cou~:ff lina Allarcl Recording Secretary Call Meetin.q To Order Pursuant to due call and notice thereof, the executive session of the Elk River City Council was called to order at 8:55 p.m. by Mayor Klinzing. Discussion was held concerning the proposed 2000-2002 contract for the police sergeant union. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk 9:25 p.m.