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03-11-1996 CC MIN - SPECIAL SPECIAL MEETING OF THE ELK RIVER CITY couNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 11, 1996 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Diefz, Scheel, Farber and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner; David Sellergren, City Attorney; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; Phil Hals, Street/Parks Superintendent 5.1. Call Meefin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Duitsman. Consider A,qenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CITY COUNCIL AGENDA AS PRESENTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent A,qendc~ COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4,1. 4.2. 6.2. 6.4. 6,6, FEBRUARY 19, 1996, CITY COUNCIL MINUTES -- APPROVED MARCH 4, 1996, CITY COUNCIL MINUTES -- APPROVED RESOLUTION 96-9, A RESOLUTION OF SUPPORT TO THE CENTRAL MINNESOTA INITIATIVE FUND (MARKETECH, INC) -- APPROVED STREET DEPARTMENT EQUIPMENT PURCHASE: · JACOBSEN MODEL HR-5111 FRONT MOUNTED MOWER AT $29,904 -- APPROVED · ONE TON CAB CHASSIS - J-CRAFT AT $4,192.37 -- APPROVED EXPENDITURE OF $5,768.25 TO FACILITY SYSTEMS FOR OFFICE FURNITURE -- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Environmental Review Issues for Hillside Cross n,q II Building and Zoning Administrator Steve Rohlf indicated that the Environmental Assessment Worksheet (EAW) for Hillside Estates has been completed. He explained that the estimated square footage of the commercial development City Council Minutes March 11, 1996 Page 2 ............................ in the EAW is larger than stated in the original EAW. Because there is an increase in the project's acreage, the Council must determine if there is a potential of significant environmental impacts, which would then require an updated Environmental Assessment Worksheet to be done. Steve Rohlf indicated that staff's recommendation is that the EAW not be required because all environmental issues involved with the project were identified and addressed during the original EAW process. Steve Rohlf reviewed the requirements of an indirect source permit (ISP). He stated that an ISP is not required at this time. COUNCILMEMBER HOLMGREN MOVED THAT THE PREVIOUS EAW FOR HILLSIDE ESTATES IS ADEQUATE AND THAT AN UPDATED VERSION IS NOT NECESSARY DUE TO THE INCREASE IN ACREAGE OF THE COMMERCIAL DEVELOPMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2,3,4,5. Comprehensive Land Use Plan Amendment, Rezonin.q, Preliminary Plat and Conditional Use Permit by Phoenix Enterprises, Public Hearin.q Case No.'s LU 96-1, ZC 96-11, P 96-1 and CU 96-1 City Planner Steven Ach explained the requests as follows: Comprehensive Land Use Plan Amendment - (LU 96-1) fo change the land use designation from HB (highway business) to MR (medium density residential) and MR Imedium density residential) to HB (highway business). Rezoning (ZC 96-11) approximately 29 acres from R1 e (single family residential) to PUD (Planned Unit Development). Preliminary Plat (P96-1) to subdivide approximately 29 acres into one commercial lot and three outlots. Conclitionol Use Permit (CU 96-1) for development plan approval of a commercial planned unit development. Steve Ach explained that the four applications involve the extension of commercial development north of Sax Foods up to 197th Avenue. The project includes development plans for approximately 245,000 square feet of commercial development. At this time, the only tenant is a proposed 161,000 square foot Menards facility. Steve Ach indicated that following the Planning Commission public hearing for the proposed development, several concerns were discussed. The Planning Commission recommended approval after addressing the concerns listed in the Memo to Mayor and City Council from the City Planner dated March 11, 1996. Steve Ach indicated that the Park and Recreation Commission recommended a 75 foot park corridor along the north portion of Outlot B. He explained that the corridor would provide a connection with other corridors in Hillside Estates residential area and would also provide a buffer strip between the commercial and residential development. City Council Minutes March 11, 1996 Page 8 Mayor Duitsman opened the public hearings for items 5.2,3,4,5. Mayor Duitsrnan entered into the record a letter of concern from Cheryl R. Becker of 11452 197th Avenue NW, Elk River. The letter indicated her concerns as to how the project affects her property. Councilmember Holmgren indicated he did not agree with the proposed trail plan. He indicated that there is no need for a parkway af each intersection. He also indicated that he did not see a need for trails to run along the backs of residential property. Jeff Meyer - 11475 197th indicated his concern of traffic on 197th going into Menards. He suggested o right turn in and dght turn out off of Highway 169 to reduce the amount of traffic on 197th. Councilmember Holmgren requested the City Engineer to contact MnDOT regarding the possibility of a right-in/right-out into Menards. The City Engineer indicated that a right-in/right-out off Highway 169 would be unlikely because of a pdor agreement the city entered into with MnDOT. Further discussion was held regarding the trail system. Councilmember Farber suggested narrowing the width to 50 feet. Mayor Duitsman closed the public hearings for items 5.2,3,4,5. COUNCILMEMBER HOUVIGREN MOVED TO ADOPT RESOLUTION 96-10, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS). COUNClIJVIEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED $-0. COUNClUV~EMBER FARBER MOVED TO ADOPT ORDINANCE 96-7 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 96-11. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Discussion was held regarding the signal light and whose responsibility it would be to pay for the light. Mayor Duitsman suggested that the developer pay 50% of the city's share of the street lights. Discussion was held regarding the proposed 75 foot park corridor. Councilmember Holmgren indicated that if the green space area was cut to 50 feet and it functioned as a buffer and was not a trail, then it would no longer be considered park. Councilmember Diefz indicated that if the land is not considered o trail but is a buffer, then the developer should pay park dedication fee in lieu of the land. City Council Minutes Mar¢l~ 11, 1996 Page ~- ............................ COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY 29 ACRES INTO TWO COMMERCIAL LOTS AND TWO OUTLOTS BASED ON THE FOLLOWING CONDITIONS: 10. 11. 12. 13. ALL OF THE CITY ENGINEER'S COMMENTS OUTLINED IN THE MEMO DATED 2/23/95 BEING INCORPORATED INTO THE APPROVAL OF THE PRELIMINARY PLAT. APPROPRIATE EASEMENTS AS REQUESTED BY ELK RIVER UTILITIES BE INCLUDED ON THE PLAT. THE DEVELOPER MAINTAIN A 50 FOOT BUFFER ALONG THE NORTH LIMITS OF THE PLAT WITH THE PARK DEDICATION REQUIREMENTS BEING PAID IN CASH AT THE TIME OF FINAL PLAT. A LETTER FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR EXISTING UTILITIES ALONG THE EAST SIDE OF HIGHWAY 169. A SIX FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ALONG THE EAST SIDE OF EVANS STREET UP TO 197TH AVENUE, THEN ALONG THE SOUTH SIDE OF 197TH AVENUE TO HIGHWAY 169. A SIX FOOT WIDE SIDEWALK BE PROVIDED ALONG 196TH AVENUE FROM EVANS STREET TO THE FIRST INTERSECTING STREET IN THE HILLSIDE ESTATES RESIDENTIAL DEVELOPMENT. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ALL ENGINEERING AND LEGAL FEES BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SEAL COATING BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. NECESSARY APPROVALS FROM MNDOT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. City Council Minutes March 11, 1996 Page 5 15. 16. 17. 18. 19. 20. THE FUTURE REPLATTING OF OUTLOTS MAY NECESSITATE AN INDIRECT SOURCE PERMIT. THIS WILL HAVE TO BE CONSIDERED WITH FUTURE PLATS. A LETTER OF CREDIT COVERING 100% OF THIS COST OF IMPROVEMENTS BE SUBMITTED TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. UPON THE CITY ACCEPTING THE PUBLIC IMPROVEMENTS, A WARRANTY BOND IN THE AMOUNT OF 25% BE RETAINED FOR A ONE YEAR PERIOD. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS ASSOCIATED WITH THESE IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. MAINTAIN A NO CUT ZONE ALONG THE NORTH 50 FEET OF OUTLOT B. IN ADDITION, A NO CUT ZONE SHOULD BE ESTABLISHED BEYOND THE EASTERN EDGE OF THE PLAT FOR A DISTANCE OF S0'. THE STORM WATER POND, SHOWN AS OUTLOT C, SHOULD BE COMBINED AND MADE PART OF OUTLOT A. 21. THAT 50% OF THE CITY'S SHARE OF THE SIGNALIZATION COSTS BE PAID BY THE DEVELOPER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT OF THE COMMERCIAL PLANNED UNIT DEVELOPMENT BASED ON THE FOLLOWING CONDITIONS: o ALL OF THE CITY ENGINEER'S COMMENTS IN THE MEMO DATED 2/23/96 BE INCORPORATED INTO THE DEVELOPMENT PLANS FOR THE PUD. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND APPROVED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A DEVELOPMENT PLAN OUTLINING THE OVERALL DEVELOPMENT BE APPROVED. THIS PLAN SHALL INCLUDE SITE PLAN, GENERAL LANDSCAPING PLAN, GRADING PLAN, SETBACK PLAN, COMPLETE SIGN PACKAGE, A WRITTEN NARRATIVE OF PROJECT STANDARDS. APPROPRIATE PERMITS BE OBTAINED FROM MNDOT AUTHORIZING GRADING AND IMPROVEMENTS IN THE RIGHT-OF-WAY. THE APPROVED SIGN PACKAGE CONSIST OF ONE FREESTANDING DEVELOPMENT SIGN SIMILAR TO ATTACHMENT "B" IN THE PROPOSED PUD AGREEMENT. City Council Minutes March 11, 1996 Page 6 6.3. 6.1. THE DEVELOPMENT PLAN INCLUDE A DRIVEWAY CONNECTION BETWEEN SAX FOODS AND OUTLOT A OF HILLSIDE CROSSING II. THIS WILL ALLOW TRIPS BETWEEN STORES TO REMAIN ON-SITE AND NOT BE FORCED TO USE EVANS STREET. THE BUILDING SETBACK ALONG THE NORTH PORTION OF OUTLOT B BE INCREASED TO A DISTANCE OF ~,0'. o THE DRIVEWAY AND PARKING SETBACK ON OUTLOT B BE SET AT 10 FEET FROM ALL PROPERTY LINES. THE MASTER LANDSCAPING PLAN DEMONSTRATE A THEME SIMILAR TO HILLSIDE CROSSING I. THIS THEME WILL NEED TO BE INCORPORATED INTO FUTURE SITE PLANS. 10. AS PART OF PHASE I, ALL LANDSCAPING AND SODDING BE COMPLETED ALONG EVANS STREET FROM SAX FOODS TO 197TH AVENUE. 11. EXTENSIVE LANDSCAPING BE PROVIDED ALONG THOSE AREAS OF THE DEVELOPMENT WHICH ARE ADJACENT TO RESIDENTIAL AREAS. 12. FUTURE SITE PLANS BE REQUIRED TO OBTAIN A CONDITIONAL USE PERMIT. 13. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS OF THE IMPROVEMENTS ASSOCIATED WITH THE NECESSARY DESIGN SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 14. THE PARKING AREA FOR THE MENARDS SHALL HAVE NO LESS THAN 410 STALLS. 15. ACCESS TO OUTLOT D FROM 197TH AVENUE NOT BE APPROVED AT THIS TIME. THIS ACCESS SHOULD BE EVALUATED AT THE TIME A SPECIFIC SITE PLAN IS SUBMITTED FOR OUTLOT D. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. Call Special Council Meetin,cl for April 11, 1996 COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON APRIL 11, 1996, AT 6:00 P.M. TO BE HELD ATTHE ELK RIVER CITY HALL FOR THE PURPOSE OF REVIEWING A CONDITIONAL USE PERMIT REQUEST BY MENARDS, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider a Request for Tax Increment Financincl from Marketech, Inc. - Rich Dug,clan City Council Minutes March 11, 1996 Page ? 6.5. 6.7, City Administrator Pat Klaers explained that Rich Duggan of Marketech has made a request for tax increment financing. Rich Duggan is proposing to construct a 9,300 square foot facility on Lots 6 & 7, Block 1 of the McChesney Industrial Park. He indicated that Marketech is an existing growing company which needs room for expansion. Discussion took place regarding the level of TIF assistance and the Council concurred that up to 17% of the market value would be acceptable. The City Administrator requested the Council to schedule a public hearing to consider this request. COUNCILMEMBER FARBER MOVED TO SCHEDULE A PUBLIC HEARING FOR APRIL 8, 1996, TO CONSIDER A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 FOR MARKETECH, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON APRIL 8, 1996, AT 7:00 P.M. TO CONSIDER A REQUEST FOR TAX INCREMENT FINANCING DISTRICT NO. 13 FOR MARKETECH, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Equipment Purchase for Street Department Street Superintendent Phil Hals indicated that he has planned to purchase a snowplow truck in 1997 for approximately $7,5,000. He explained that he has recently found two used 1987 truck chassis with Iow miles which he would like to consider for purchase. He explained that the trucks could be purchased for $14,500 each and that the plow equipment would be about $2,5,000 per truck. Phil indicated that the city could use street equipment reserves for this purchase now and reimburse the reserve with 1997 budgeted funds. He indicated that if he purchased the trucks in 1996, he would not purchase the equipment until 1997. COUNCIl. MEMBER HOLMGREN MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO CONSIDER THE PURCHASE OF TWO USED TRUCKS AT A PRICE OF $29,000 AND THAT THE $50,000 TO RETROFIT THE TRUCK BE TAKEN FROM THE 1997 BUDGET. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Phil Hals indicated that the 1985 one ton dump truck which the city currently owns is in need of a new box. He requested authorization for $1,900 from equipment reserves to purchase the box. COUNClLMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF A NEW BOX FOR THE 1985 ONE TON DUMP TRUCK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED Ice Arena Update The City Administrator updated the Council on the status of the ice arena project. He reviewed the timetable for the project and indicated that RSP has requested to advertise for bids in mid-March. City Council Minutes March 11, 1996 Page 8 COUNCILMEMBER FARBER AUTHORIZED THE CITY TO ADVERTISE FOR BIDS FOR THE ICE ARENA PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHEEL ABSTAINED. Other Business Mayor Duitsman informed the Council that Paul LeFebvre and Larry Morrell have indicated their interest in relocating the Morrell Trucking Business currently located on School Street and Jackson to the eastern area of the city. He further indicated that the city currently has a moratorium on development in the eastern part of the city until sewer and water is available. Mayor Duitsman indicated that Mr. LeFebvre and Mr. Morrell indicated that they would be willing to sign a document stating that they will reimburse the city for utility costs if and when utilities are extended east. The Mayor requested the City Attorney to review the necessary procedures for this process. Mayor Duitsman informed the Council that he has been appointed to the Region 7W Transportation Committee. City Engineer Terry Maurer stated that the developer of Hillside Crossing II has indicated his desire to proceed with plans and specifications. COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-11, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE HILLSIDE CROSSING II IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Engineer indicated that the development of Hillside Crossing II will require a traffic signal at the intersection of 197fh and T.H. 16c). The City Engineer informed the Council that it is likely that MnDOT will use State funds for the signal installation at this intersection and funding would be 50% MnDOT and 50% local. Terry Maurer suggested that the City consider a cooperative agreement for the signalization of this intersection similar to the Joplin/T.H. 10 Intersection. COUNClLMEMBER FARBER MOVED TO AUTHORIZE THE PREPARATION OF A SIGNAL JUSTIFICATION REPORT AND APPLICATION TO MNDOT FOR A COOPERATIVE AGREEMENT PROJECT TO SIGNALIZE THE INTERSECTION OF T.H. 169 AND 197TH AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Terry Maurer informed the Council that the City has received a request from Miles Knutson for a neighborhood meeting regarding the installation of utilities at the location of Naples and 186th. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO ORGANIZE A NEIGHBORHOOD MEETING TO DISCUSS THE POSSIBILITY OF UTILITIES EXTENDING TO THE AREA OF NAPLES AND 186TH AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes March 11, 1996 Page 9 Steve Ach informed the Council that the developers of Hillside Crossing II will begin to remove trees at the development location in the next couple of days. Terry Maurer updated the Council on the necessary process for updating the project report and financial analysis for the improvements at Dodge Avenue and Fifth Street. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE AN UPDATED FINANCIAL FEASIBILITY STUDY FOR THE UPGRADING OF THE SOUTH END OF DODGE AVENUE AND 5TH STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Plannin.q Depadment Annual Report Steve Ach, City Planner, presented the 199,5 Planning Department Annual Report. 10. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. The meeting of the City Council adjourned at 9:30 p.m. Respectfully Submitted, Sandra Thackeray City Clerk s~-ninutes\cs031196.doc