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02-20-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 20, 2001 Members Present: Members Absent: Mayor Klinzing, Councilmembers Kuester, Tveite, and Motin Councilmember Dietz Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner ScoUr Harlicker, City Engineer Terry Maurer, Recording Secretary Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider Agenda Director of Planning Michele McPherson requested that item 6.6. and 6.7. be postponed. Mayor Klinzing moved the items to the Consent Agenda. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Aqenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE AMENDED CONSENT AGENDA AS FOLLOWS: 3.1. 02/12/01 CITY COUNCIL MINUTES - APPROVED 3.2. AUTHORIZE POLICE DEPARTMENT TO PURCHASE OFFICE FURNITURE IN THE AMOUNT OF $3,200 - APPROVED 3.3. APPROVE GENERAL PLANNING PERMIT TO PLANT PLACE FOR A TEMPORARY GREENHOUSE IN THE COBORN'S PARKING LOT - APPROVED 3.4. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO ADD DEFINITION OF ANIMAL NUTRITION AND AGRICULTURAL RESEARCH AND ESTABLISH AN AR (AGRICULTURAL RESEARCH) DISTRICT, PUBLIC HEARING - CASE NO. OA 00-8 - POSTPONED 3.5. REQUEST BY CITY OF ELK RIVER FOR LAND USE AMENDMENT FOR A PORTION OF CARGILL PROPERTY, PUBLIC HEARING - CASE NO. LU 00-6 - POSTPONED 3.6. REQUEST BY CITY OF ELK RIVER FOR REZONING OF A PORTION OF CARGILL PROPERTY TO AGRICULTURAL RESEARCH DISTRICT, PUBLIC HEARING - CASE NO. ZC 00-7 - POSTPONED City Council Minutes Page 2 February 20, 2001 3.7. REQUEST BY AGGREGATE INDUSTRIES FOR CONDITIONAL USE PERMIT FOR MINING, PUBLIC HEARING - CASE NO. CU 01-05 - POSTPONED 3.8. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING LAWN FERTILIZER APPLICATION CONTROL, PUBLIC HEARING - CASE NO. OA 01-02 - POSTPONED 3.9. REQUEST BY HOYT PARTNERS FOR LAND USE PLAN AMENDMENT (MR TO LI), PUBLIC HEARING - CASE NO. LU 01-01 - POSTPONED 3.10. REQUEST BY HOYT PARTNERS FOR ZONE CHANGE (R lA TO BP), PUBLIC HEARING - CASE NO. ZC 01-01 - POSTPONED 3.11. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO AMEND SECTIONS OF THE CLUSTER ORDINANCE, PUBLIC HEARING - CASE NO. OA 01-01 - POSTPONED 6.6. REQUEST FOR PRELIMINARY PLAT APPROVAL (TWIN LAKE TOWNHOMES 2ND ADDITION), PUBLIC HEARING - CASE NO. P 01-04 - POSTPONED 6.7. REQUEST FOR CONDITIONAL USE PERMIT FOR SITE PLAN - TWIN LAKES TOWNHOMES 2ND ADDITION, PUBLIC HEARING - CASE NO. CU 01-04 - POSTPONED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Award Presentation From NRG to City of Elk River and Ener.qy City Bill Helliwell, Plant Manager from NRG's waste recovery facility, presented a plaque to the City Council in recognition of the City's part in the Refuse Derived Fuel Plant processing 5,000,000 tons of waste into fuel to make electricity. 4.2. Interview & Appoint Library Board Candidate City Administrator Pat Klaers stated that the applicant for the Library Board position has withdrawn his application. 4.3. InteNiew & Appoint Plannin.q Commission Candidates The City Council interviewed Michael Stiff and Douglas Franz for a vacancy on the Planning Commission. There were two other candidates that hadn't arrived at this time so the Council decided to postpone the appointment until 7:00 p.m. 4.4. Consider Reappointment of Plannin.q Commissioner Tom Mesich Director of Planning Michele McPherson stated that Tom Mesich would like to be reappointed to serve on the Planning Commission. Mayor Klinzing stated that reappointing Mr. Mesich would keep some valuable experience on the commission. City Council Minutes Page 3 February 20, 2001 COUNCILMEMBER MOTIN MOVED TO REAPPOINT TOM MESICH TO THE PLANNING COMMISSION FOR A THREE-YEAR TERM ENDING ON 02/28/04. COIJNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4,5. Appoint Council Representative to Ice Arena Commission Councilmember Tveite indicated that he would be interested in serving on the Ice Arena Commission. COUNCILMEMBER KUESTER MOVED TO APPOINT DAN TVEITE TO THE ICE ARENA COMMISSION FOR A THREE YEAR TERM TO EXPIRE ON 02/28/04. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.6. ISO Report - Building Code Effectiveness Building Official Cliff Skogstad gave a brief explanation of the Insurance Services Rating (ISO) Classification. Mr. Skogstad stated that the City went from a classification of five to a classification of four with a ten indicating the least code enforcement and a one indicating the most code enforcement. Councilmember Kuester stated that the ISO report appeared to favor large cities. Councilmember Kuester stated that the report indicated the City needed more training and she questioned what measures the building department was taking to accomplish more training. Mr. Skogstad stated that the inspectors were attending conferences and doing some in-house training, Mayor Klinzing stated that point ratings seem to tie in to dollars spent and not on the amount of hours spent for public awareness. Councilmember Tveite questioned how other communities rated. Mr, Skogstad stated that Monticello received a rating of five and Big Lake received a rating of six. 4.7. Consider Police Sergeant Union Contract (2000-02) City Administrator Pat Klaers gave an overview of the Police Union Contract, which had been previously discussed in an Executive Session. COUNCILMEMBER TVEITE MOVED TO APPROVE THE POLICE SERGEANT'S UNION CONTRACT FOR 2000-2002. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.8. Utilities Commission Update City Administrator Pat Klaers stated that Utilities is still evaluating potential water tower sites. The underground electric project to upgrade the downtown area is proceeding as planned. The Utilities need more mechanic services and want to work with the City on this issue. Mr. Klaers stated that Utilities is still working on territory acquisition, City Council Minutes February 20, 2001 4.9. Northstar Corridor Update Page 4 Senior Planner Scott Harlicker stated that MnDot has taken over the Northstar Corridor project and now the Northstar Corridor Development Authority will become an advisory commih'ee called the Commuter Rail Coordinating Corridor Committee (CRCCC). Mr. Harlicker stated that he wasn't sure what the role would be for the new committee. Mr. Harlicker requested Council to adopt the attached resolution approving the preliminary layout of the park and ride facility for MnDot. John Griffith, MnDot Representative, gave an overview of the park and ride facility. Councilmember Tveite questioned the responsibility for maintenance of this facility. Mr. Griffith stated that the transportation provider would be responsible for items such as lighting replacement, mowing, and re-striping and, if the provider weren't doing their job, MnDot would be responsible. Mayor Klinzing questioned if the Highway 169 lot would be closed once this park and ride facility is in operation. Mr. Griffith stated that he couldn't answer the question at this point but he believed that the Highway 169 site would be closed to encourage citizens to use the new facility. City Engineer Terry Maurer requested MnDot to install a left turn lane access into the Eull property. Mr. Griffith stated that this work could be either added to the contract or changed in the field during construction. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-07 TO APPROVE THE PRELIMINARY PLAN LAYOUT OF THE PARK AND RIDE FACILITY NEAR TRUNK HIGHWAY 10 AND TYLER STREET/171 AVENUE INTERSECTION MN/DOT PROJECT S.P. NO 7102- 54. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3. Interview & Appoint Plannin.q Commission Candidates (Continued) Mayor Klinzing inquired whether the other two candidates were in the audience to interview for the Planning Commission vacancy. The candidates did not appear so the Council made their decision via written ballot. COUNCILMEMBER TVEITE MOVED TO APPOINT DOUGLAS FRANZ TO THE PLANNING COMMISSION FOR A TERM OF THREE YEARS ENDING 02/28/04. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.10. Community Recreation Update Councilmember Paul Motin stated that issues relating to the Joint Powers Agreement have been resolved. Councilmember Motin stated that the Community Recreation Board was surprised to learn about a $35,000 deficit created from 1991 to 1997 and this deficit is being analyzed. Councilmember Motin stated that the School District was the fiscal agent at the time and now the Community Recreation Board is working with the District on this issue. City Council Minutes February 20, 2001 4.11. Park & Recreation Commission Update Page 5 Planning Director Michele McPherson updated the Council on snowmobile issues, the proposed Lions Park Shelter expansion, the proposed downtown fishing pier, the cross-city transportation corridor, and playground equipment. Ms. McPherson explained the proposed 2001 capital budget. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PARK CAPITAL BUDGET IN THE AMOUNT OF $98,750. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Ms. McPherson stated that authorization was needed to advertise for bids to construct playground equipment. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE PLAYGROUNDS IN 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor Klinzing questioned whether the City planned to discontinue plowing the paved trails along Mississippi Road and if so, would this allow snowmobiles to use the trail. Ms. McPherson stated that the City was going to continue to plow the paved trail and the Commission was in the process of working with the snowmobile club to find alternative trails through the Urban Service District. Councilmember Motin questioned whether the proposed fishing pier was part of the downtown riverwalk plan. Ms. McPherson stated that the Downtown Rivers Edge Committee is responsible for the fishing pier project and that the fishing pier would be considered by the HRA as part of the downtown redevelopment plan. 5. Open Mike Steve LaTour, 11063 207th Avenue, stated that residents in his neighborhood would like updates on any developments occurring with the County Road 33/County Road 21 project. City Engineer Terry Maurer commented that he sent a letter to MnDot District 3 stating that the residents, the County, and the City would like to see a frontage road option considered for rerouting County Road 21 along the highway rather than through the Heavenly Hills subdivision. 6,1, Request by Lyman Co. for Final Plat Approval, Meadowwoods Village - Case No. P 00-13 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Lyman Development Company is requesting final plat approval of Meadowwoods Village. Mr. Harlicker stated that Meadowwoods Village is a 71-acre cluster plat with 39 buildable lots and 44 acres of open space. Councilmember Tveite questioned the responsibility of monitoring the septic system. City Engineer Terry Maurer stated that the City would review the plan design and that the design had to be accepted by the MPCA. Mr. Maurer stated that the homeowners association would be responsible for maintenance and costs of the system and that the homeowner's association agreement states the terms for maintaining the septic system. City Council Minutes Page 6 February 20, 2001 Councilmember Tveite stated that formula for Park Dedication Fees on these types of plats should be reevaluated. Councilmember Tveite stated that the fees should not be based on the zoning of the land but rather on the number of buildable lots. Councilmember Kuester and Motin concurred. COUNCILMEMBER KUESTER MOVED TO APPROVE RESOLUTION 01 - 08 GRANTING FINAL PLAT OF MEADOWWOODS VILLAGE, CASE NO. P 00-13 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. 9. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PROTECTED BY A DEED RESTRICTION TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A CONSERVATION EASEMENT HELD BY A QUALIFIED LAND TRUST. 14. ALL MAILBOXES BE CLUSTERED. City Council Minutes Page 7 February 20, 2001 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OF TREES OR GRADING COMMENCING. 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 19. ALL SIDEWALKS, WOODCHIP TRAILS AND THE 10-FOOT WIDE BITUMINOUS TRAIL NORTH OF 209TM AVENUE SHALL BE INSTALLED BY THE DEVELOPER. 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. 21. MAINTENANCE OF THE OUTLOTS, THE LANDSCAPED MEDIAN ON 209TM AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUL DE SAC ISLANDS AND 209TM STREET MEDIAN BE PLATTED AS OUTLOTS. 26. THE DEVELOPER PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXISTENCE OF THE GUN CLUB AND THAT THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. 27. A 30 FOOT WIDE DRAINAGE AND UTILITY EASEMENT BE IN PLACE ALONG THE NORTH PROPERTY LINES OF LOTS 1 - 4 AND LOT 7, BLOCK 4, AND ALSO DEED RESTRICTIONS BE INCLUDED THAT RESTRICT CUTTING OF THE TREES AND VEGETATION, AND THE PLACEMENT OF STRUCTURES WITHIN THAT EASEMENT. 28. ACCESS TO LOTS WITH FRONTAGE ON THE TRAFFIC CIRCLE SHALL BE LIMITED TO THE STREETS FACING THE CIRCLE. 29. OUTLOT C SHALL BE PLATTED AS A LOT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes Page 8 February 20, 2001 6.2. Request by Moldenhauer Custom Homes for Variance, Public Hearin.q - Case No. ¥ 01-01 Staff report submitted by Scott Harlicker. Senior Planner Scott Harlicker stated that Moldenhauer Custom Homes is requesting a variance to the maximum driveway width of 30 feet at the front property line. Mr. Harlicker outlined the five standards to consider when reviewing a variance. Mr, Harlicker stated that the Board of Adjustments denied the variance request indicating that the applicant did not meet the five criteria standard. Mayor Klinzing opened the public hearing. Gordon Moldenhauer, applicant, stated that the homeowner wanted the additional driveway width because he does quite a bit of entertaining and has numerous licensed drivers in his household which makes it difficult to maneuver vehicles. Mr. Moldenhauer stated that it was safer for vehicles to back straight out of the driveway to the roadway. He stated that he wasn't aware of a limited driveway width and the building department didn't mark it as a limit on the house plans. Mr. Moldenhauer stated that it would be a hardship for the homeowner to remove the driveway. Mayor Klinzing closed the public hearing. Councilmember Motin stated that he drove by the property but it was covered with snow and ice so he didn't want to make a decision until he could clearly see the driveway. Councilmember Motin asked that this matter be tabled until early spring, Ms. McPherson stated that if this issued was tabled then the applicant needed to sign an extension stating he agreed to delay this decision. COUNCILMEMBER MOTIN MOVED TO TABLE THE DECISION ON THIS ISSUE UNTIL EARLY SPRING IF THE APPLICANT GORDON MOLDENHAUER AGREED TO SIGN AN EXTENSION AGREEMENT. COUNClLMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNCILMEMBER KUESTER OPPOSED. 6.3. Request by Dynamics Desi.qn & Land Company and Thomas Harman for Preliminary Plat - Fox Haven, Public Hearin.q - Case No. P 01-01 Staff report submitted by Scott Harlicker. Mr. Harlicker stated that Dynamics Design & Land Company is requesting preliminary plat approval for Fox Haven. Mr. Harlicker discussed street layout, lot size, the shoreline management ordinance, tree preservation, parks and trails, landscaping, grading, drainage, utilities, and erosion control. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE PRELIMINARY PLAT FOR FOX HAVEN WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 9 February 20, 2001 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING TI-IE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. 9. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. 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. 16. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY OWNERS. 17. OUTLOT D WILL BE WIDENED SO THAT IT IS 80 FEET WIDE AT THE FRONT SETBACK. City Council Minutes February 20, 2001 18. ALL COMMENTS OF THE DNR SHALL BE ADDRESSED. Page 10 19. THE NUMBER OF BOAT SLIPS OR DOCKS ALLOWED ON OUTLOT D IS LIMITED TO 6. 20. COVENANTS OUTLINING THE USE OF OUTLOT D SHALL BE RECORDED WITH THE PLAT. 21. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED WHICH INCLUDES ONE STREET TREE AND ONE FRONT YARD TREE ON EACH LOT. 22. OUTLOTS A, B, C, D AND E SHALL BE OWNED IN COMMON AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Gerald and An.qie Koschney to Amend the Conditional Use Permit for Elk River Crossing PUD, Public Hearing - Case No. CU 01-01 Staff report submih'ed by Senior Planner Scott Halicker. Mr. Harlicker stated that the Koschneys would like to amend the conditional use permit for Elk River Crossing Planned Unit Development to allow a third wall sign for Wash & Fill. Mr. Harlicker discussed PUD signage standards and existing signage. Mayor Klinzing opened the public hearing. Lloyd Beaudry, Beaudry Oil, clarified where the sign would be installed on the canopy. Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR THE ELK RIVER CROSSING PUD TO ALLOW ONE 2' BY 8' ILLUMINATED CANOPY SIGN WITH THE FOLLOWING CONDITION: 1. THAT A SIGN PERMIT IS OBTAINED FROM THE CITY OF ELK RIVER PRIOR TO THE INSTALLATION OF THE SIGN. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by Dynamics Design & Land Co. for Preliminary Plat Approval ~'Ridges of Rice Lake), Public Hearing - Case No. P 01-02 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that Dynamics Design and Land Company is requesting preliminary plat approval for Ridges of Rice Lake, a cluster development with a community well and septic. Mr. Harlicker discussed street and lot layout, density, open space, trails, park dedication, landscaping, well and septic, and grading, drainage and utility issues. Mr. Harlicker explained how density bonuses were calculated. Mr. Harlicker stated that the homeowner near the entrance to the development was concerned with the proximity of the development entrance to his property and he was concerned about the trees at the rear of his property. The developer stated that they would be willing to shift the entrance away from the property City Council Minutes Page 11 February 20, 2001 owner and agreed to establish a no-cut zone at the rear of the homeowner's property. Mayor Klinzing opened the public hearing. Jim Brown, Dynamics Design and Land Company, gave on overview of the layout of Ridges of Rice Lake. He described the entrance house and the two kiosks. Mr. Brown stated that he would like to be able to have 25-foot driveway setbacks. Mayor Klinzing closed the public hearing. Councilmember Kuester questioned the lighting. Mr. Brown stated that an architectural control committee would approve lighting. The kiosks would have Iow lighting attached to them. Councilmember Motin questioned whether vehicle access would be allowed on 221st Avenue on the south side of Outlot B. Ms. McPherson stated that this access would become an entrance for an area-wide park. Councilmember Motin stated that he would like Outlot H eliminated to be made part of the street right-of-way. Councilmember Motin also questioned whether density bonuses were a wise concept. Councilmember Motin stated that developers of these types of cluster developments are dedicating the wetland parcels as open space when normally they would be open space as they are unbuildable. Councilmember Motin questioned whether it was right that developers don't have to pay park dedication fees. Mayor Klinzing stated that having the open space protected as one large parcel by a homeowners association was more preferable than having 10 acre properties that each homeowner can do anything they want and not care about protecting the open space. Councilmember Tveite questioned the responsibility of septic and well monitoring. City Engineer Terry Maurer stated that Outlot R is large enough to support a community septic and would be monitored as required by law and the homeowner's agreement. Councilmember Tveite stated that the cul-de-sacs should not be extended past the ordinance requirements. Councilmember Kuester questioned who would be responsible for paving 221st Avenue. City Engineer Terry Maurer stated that a condition should be added to the preliminary plat stating that a fair share contribution to pave 221st Avenue be agreed to by the developer and approved by Council before final plat approval. Marly Glines, Dynamics Design and Land Company, stated that he was willing to pay a portion of the paving costs. Mr. Glines noted that the septic would be pumped and cleaned once a year. Councilmember Kuester stated that she favored the 25-foot driveway setback in order to preserve trees and would like it added as a condition, City Council Minutes Page 12 February 20, 2001 COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR THE RIDGES OF RICE LAKE WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. o 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. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. OUTLOT C, OUTLOT D, OUTLOT E AND OUTLOT R BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. 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. 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. City Council Minutes Page 13 February 20, 2001 17. THE BITUMINOUS TRAIL SHALL BE INSTALLED BY THE DEVELOPER. A TRAIL EASEMENT SHALL BE PROVIDE OVER OUTLOT R AND THAT PORTION OF THE TRAIL ON OUTLOT R SHALL BE 10 FEET WIDE. 18. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED MEDIANS AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 20. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT INCLUDES FRONT YARD TREES AND LANDSCAPING DETAILS FOR THE OUTLOTS. 21. OUTLOT D SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION REQUIREMENTS. 22. A WRITTEN NARRATIVE OUTLINING THE ARCHITECTURAL THEME SHALL BE COMPLETED AND APPROVE BY THE CITY IN ORDER TO RECEIVE THE DENSITY BONUS. 23. THAT A FAIR SHARE CONTRIBUTION TO PAVE 221sT AVENUE BE AGREED TO BY THE DEVELOPER AND APPROVED BY COUNCIL BEFORE FINAL PLAT. 24. THERE BE A 25-FOOT DRIVEWAY SETBACK TO PRESERVE TREES. 25. THAT OUTLOT H BE ELIMINATED TO BE MADE PART OF THE STREET RIGHT-OF-WAY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. Request by T&W Investments, LLC for an Amendment to a Conditional Use Permit for Expansion of an Automotive Use in the I1 Zoning District, Public Hearin.q - Case No. CU 01-02 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that T&W Investments, LLC, is requesting a conditional use permit to allow expansion of an automotive use in the I1 Light Industrial District. Ms. McPherson discussed parking, landscaping, access, building elevations, outdoor storage, signs, and grading, drainage and erosion control. Ms. McPherson stated that the dumpster enclosure must be constructed of the same materials as the main building and that if there were to be any outdoor storage in the future it would need to be contained in this dumpster enclosure or the applicant would need to come before the City to obtain a conditional use permit. Mayor Klinzing opened the public hearing. There being no one to speak for or against the matter, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned whether access to the site would be limited to Ulysses Street. Ms. McPherson stated that the permanent driveway access would be installed now to match up with the future realignment of Ulysses Street. City Council Minutes Page 14 February 20, 2001 Councilmember Kuester inquired about landscaping. Ms. McPherson stated that the landscaping required is one tree for every 40 feet of perimeter on the site. She stated that there is a gas line easement on the site so trees will be limited to the west and north locations of the project. Councilmember Kuester questioned how this auto center compared to the one on Carson Street, which has limited parking and landscaping. John Weicht, Applicant, stated that he is working with Pizza Hut to obtain more parking for the auto center on Carson Street. Mr. Weicht stated that the Ulysses Street site would have more parking available and would be less busy than the Carson Street site. COUNCILMEMBER TVEITE MOVED TO APPROVE THE REQUEST FOR A 6,300 SQUARE FOOT EXPANSION WITH THE FOLLOWING CONDITIONS: 1. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE SITE PLAN. 2. ALL PARKING STALLS BE A MINIMUM OF 9 FT. X 18 FT. FACE-OF-CURB TO FACE- OF-CURB WITH A MINIMUM DRIVE AISLE OF 24 FEET. 3. PARKING SHALL BE ON PAVED SURFACES AND THERE WILL BE NO PARKING IN THE ULYSSES STREET RIGHT-OF-WAY. THAT THE DUMPSTER/RECYCLING ENCLOSURE BE LOCATED OUTSIDE OF THE FIRE LANE AND SHALL BE CONSTRUCTED OF MATERIALS SIMILAR TO THE BUILDING AND INCLUDE AN OPAQUE GATE. 5. THAT OUTDOOR STORAGE BE LIMITED TO THE 1,000 SQ. FT. DUMPSTER/RECYCLING ENCLOSURE. 6. THAT THE SITE BE LANDSCAPED TO CONFORM TO CITY ORDINANCE. 7. THAT A LIGHTING PLAN BE PROVIDED THAT CONFORMS TO CITY ORDINANCE. 8. THAT ACCESS TO THE PROPERTY BE LIMITED TO THE ULYSSES STREET RIGHT-OF- WAY. 9. THAT DAMAGED OR INOPERABLE VEHICLES BE STORED INSIDE. 10. THAT THE ADDITION SHALL COMPLY WITH ALL REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9. Update on Planner Applicants Director of Planning Michele McPherson gave a brief update on the status of the park planner/planner position. She stated that interviews were scheduled for Wednesday, February 21, 2001 and Friday, February 23, 2001. City Council Minutes Page 15 February 20, 2001 Councilmember Tveite inquired if a Planning or a Park and Recreation Commissioner would be allowed to sit in on the interview. Mr. Klaers stated that they have asked board members to sit in on interviews for Department Heads in the past. Counciimember Tveite requested Ms. McPherson to consult with the Planning Commission and the Park and Recreation Commission before making a decision. 7. Other Business Councilmember Kuester thanked staff for putting on a wonderful Employee Recognition Dinner on Friday, February 9, 2001. City Administrator Pat Klaers thanked the Council for their support of the recognition program. 8. Staff Updates City Administrator Pat Klaers stated that a joint meeting with the School Board was scheduled for March 26, 2001, and that this would also be a meeting with Ehlers and Associates to discuss financing tools. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:45 p.m. Tina Allard ~ Recording Secretary