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04-16-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 16, 2001 Members Present: Members Absent: Staff Present: Mayor Kdinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat ICdaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, Fire Chief Bruce West, Recording Secretary Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:02 p.m. by Mayor Klinzing. Consider 4/16/2001 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBR DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3ol. 3o3. 3.4. 4/9/2001 CITY COUNCIL MINUTES - APPROVED REQUEST BY CUB FOODS FOR A TEMPORARY GREEN HOUSE IN THEIR PARKING LOT - APPROVED AUTHORIZATION TO PURCHASE A NOISE LEVEL DOSIMETER IN THE AMOUNT OF $2600 TO COME FROM THE COUNCIL CONTINGENCY FUND - APPROVED REQUEST BY JANICE TUMMINIA TO PRACTICE THERAPEUTIC MASSAGE AT SALINA SALON - APPROVED REQUEST TO RENEW A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND - APPROVED COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 16, 2001 4.1. Community Recreation Update Page 2 Councilmember Paul Mofin stated that the Otsego City Council had a concern regarding the withdrawal clause in the Joint Powers Agreement (JPA.) He stated that Hassan Township gave formal notice of withdrawal from the JPA which will be effective at the end of 2001 and further that the School Board may withdraw from the JPA. City Administrator Pat Kdaers stated that thc city might have to consider a different system whereby Community Recreation becomes a city department and it contracts out to provide services. 4.2. Utilities Commission Update Councilmember John Dietz stated that the Utilities were considering hiring their own mechanic but the Utilities Commission felt that they should coordinate with the Street/Park Department to save on duplicating costs. Utilities would like to contract with the city for a nine month trial period with the understanding that the city would hire a full-time mechanic in the fall. Councilmember Dietz stated that Bryan Adams would be negotiating with Mr. Foster for the southeast corner of his property for a future water tower site. Updates also were given on wage increases, CBD work, water hook-up rules and future office space needs. 4.3. Northstar Corridor Update Senior Planner Scott Harlicker updated council on the status of the reorganization with MnDOT. Betsy Wergin, Sherburne County Commissioner stated that MnDOT needed to maintain their relationship with the NCDA for future funding support with local communities. 4.4. Park and Recreation Update Director of Planning Michele McPherson stated that the Park and Recreation Commission is developing a park brochure, reviewing a development plan for the Holzem property, and has established a sub-committee that will try to determine if the city is in need of an independent Park Department. 4.5. Update on River Levels Fire Chief Bruce West distributed a handout on the flood and cresting status of the Elk and Mississippi Rivers. Chief West stated that the water levels are in the process of dropping. City Council Minutes Page 3 April 16, 2001 Councilmember Dietz inquired why the Mississippi Road bridge was closed on Friday, April 13, 2001. Chief West stated that there were some stretched cables and clamps on the dam that needed to be replaced and which could not wait for Council discussion. 4.6. Consider Downtown Sidewalk Bids City Engineer Terry Maurer stated that there were three bid results for the downtown sidewalk improvement project. He stated that Schmidt Curb Co. Inc., was the low bid at twenty percent below the estimated construction cost. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-24 ACCEPTING BID FROM SCHMIDT CURB CO. INC., IN THE AMOUNT OF $209,943.80 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE DOWNTOWN SIDEWALK REPLACEMENT IMPROVEMENT OF 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Bill Jenson, 11691193ra Avenue - Questioned why he and his neighbors did not receive public notice regarding the mall that is being built near his property. He stated concerns regarding tree loss, sidewalks for safety, and additional traffic on Holt Avenue. Director of Planning Michele McPherson stated that residents are not notified if the project being built is a permitted use in the zoning district. She stated that the tree loss could not be avoided and she is working with the developer on a landscape plan to replace those trees. Ms. McPherson stated that the city turned down many requests in the past in order to preserve trees and they chose to sell to this developer due to the developer's plan having the least impact on the trees located on the property. Mr. Jenson asked if the city had considered installing a sidewalk on Holt Avenue. He stated many residents walk to Jackson Avenue. City Engineer Terry Maurer stated that sidewalks are typically not installed on commercial properties and if the residents near the area would like to see a sidewalk installed they could petition for one. Mr. Maurer further stated that Holt Avenue is able to handle additional traffic from the mall and that most of the traffic would move to the south away from the residential area. Joe Ritacco, 13455 Meadowvale Road - Stated that he is tired of the ongoing noise level problems with his neighbor Mr. Smith. He believes the city should establish an ordinance prohibiting the use of motor cross bikes. City Council Minutes Page 4 April 16, 2001 Dar Shankin, 13491 Meadowvale Road - Stated that the noise at Mr. Smith's property sounds like a motor cross bike track. She stated that even with her window closed the noise is loud. She would like the city to establish an ordinance to prohibit the use of motor cross bikes. Patrick Woodruff, 13513 Meadowvale Road - Stated that he works at home during the day, that the noise from Mr. Smith's property is loud and irritating, and that Mr. Smith is not going to obey any laws or listen to anyone. Mayor Kdinzing noted that the police department has been authorized to purchase a noise level dosimeter and that this product would be used in this situation by the police department. 6.1. Request by Dynamics Design and Land Company and Thomas Hartman for Preliminary. Plat - Fox Haven - Case No. P 01-01 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that Dynamics Design and Land Company is seeking final plat approval of Fox Haven. He discussed street and lot layout, the shoreline management ordinance, parks and trails, and landscaping. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-25 GRANTING FINAL PLAT APPROVAL FOR FOX HAVEN 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 BE SHALL BE ADDRESSED. o 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. 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 City Council Minutes Page 5 April 16, 2001 SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 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. e 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. o 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. 17. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY OWNERS. OUTLOT D WILL BE WIDENED SO THAT IT IS 80 FEET WIDE AT THE FRONT SETBACK. 18. ALL COMMENTS OF THE DNR SHALL BE ADDRESSED. 19. THE NUMBER OF BOAT SLIPS OR DOCKS ALLOWED ON OUTLOT D IS LIMITED TO 6. City Council Minutes Page 6 April 16, 2001 20. COVENENTS OUTLINING THE USE OF OUTLOT D SHALL BE RECORDED XX/ITH 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 5-0. 6.2. Request by Dynamics Design and Land Company for Final Plat Windsor Park Second Addition - Case No. P 01-07 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Dynamics Design and Land Company is requesting final plat approval for Windsor Park Second Addition. He stated that this final phase includes six lots that are part of an open space development. Mr. Harlicker stated that park dedication requirements have been met and that Outlot A would be deeded to an adjacent property owner in order to address a property line dispute. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-26 GRANTING FINAL PLAT APPROVAL FOR WINDSOR PARK SECOND ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 2. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 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. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 5. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 6. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL MAILBOXES BE CLUSTERED. City Council Minutes April 16, 2001 Page 7 6.3. 8. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. o 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. 10. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 11. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 12. MPCA APPROVAL OF THE SEPTIC SYSTEM WILL BE REQUIRED PRIOR TO ISSUING ANY BUILDING PERMITS. 13. OUTLOT A SHALL BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE WEST. 14. THE HOMEOWNERS DOCUMENTS SHALL BE AMENDED TO INCLUDE WINDSOR PARK SECOND ADDITION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by City of Elk River to Amend Section 900.08 and 900.10.5. - Government Office and Facilities - Case No. OA 01-03 Director of Planning Michele McPherson reviewed the staff report. Ms. McPherson stated that she was directed by the Planning Commission to review section 900.08 and 900.10.5 of the city ordinance and is requesting Council to make an amendment to the ordinance which changes the definition of government buildings and facilities, and government offices, and to amend the residential requirements to allow government offices as a permitted use but the courthouse and jail uses would require a conditional use permit. Mayor I~dinzing opened the public hearing. Betsy Wergin, Sherburne County Commissioner - Stated that the County Board feels that the term "courthouse" would be too difficult to distinguish from "county offices." She stated that she was concerned about whether courtrooms and support staff would be classified as courthouse or county offices. Joni Lawrence, 18198 Ogden Street - Stated that she didn't mind if county offices were part of the definition but she did not want to see the jail allowed. City Council Minutes Page 8 April 16, 2001 Nicole, 18222 Ogden Street - Stated that she didn't want correctional facilities to be an allowed use but she was OK with offices. Mayor Kdinzing closed the public heating. Councilmember Dietz stated that this is a good site for expansion of the county offices and he would like the county to have the opportunity to come back and request a conditional use permit if they wanted to expand the correctional facilities in the future. Councilmembers concurred that there would be no problem with government offices being built in the residential district but they would have a problem with the possibility of any future jail expansion without the requirement of a conditional use permit and public heatings. COUNCILMEMBER MOTIN MOVED TO APPROVE ORDINANCE 01- 05 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.08 AND SECTION 900.10.5 OF THE CITY CODE OF ORDINANCES SUBJECT TO THE CITY ATTORNEY PROPOSING THE DEFINITION OF COURTHOUSE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. The city attorney noted that with this change in definitions, the county jail and courthouse is nonconforming in the Business Park zone. The Council directed staff to come back with the appropriate ordinance change to put the county back into compliance with city ordinance 6.4. Request by Hoyt Partners for Land Use Plan Amendment .(~MR to LI), Public Heating - Case No. LU 01-01 Request by Hoyt Partners for Zone Change .(Rla to BP), Public Hearing - Case No. ZC 01-01 Director of Planning Michele McPherson submitted and reviewed the staff report. Ms. McPherson stated that Hoyt Partners, L.L.P., is requesting that Out_lot F of the Elk Path Business Center be rezoned from R1 a, Single Family Residential to BP, Business Park. Mayor Kdinzing stated that in the past the city felt this property should remain residential and she felt that it should remain residential today due to the impact to the neighborhoods in the area. Mayor Kdinzing opened the public hearing. Joni Lawrence, 18198 Ogden Street - Stated that she didn't want the property rezoned. City Council Minutes Page 9 April 16, 2001 Nicole, 18222 Ogden Street - Stated that she doesn't want to see a zone change and the neighbors have been willing to work with the county. Mayor Kflinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO DENY THE REQUEST BY HOYT PARTNERS FOR AN ORDINANCE AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO L1 (LIGHT INDUSTRIAL). COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO DENY THE REQUEST BY HOYT PARTNERS FOR AN ORDINANCE AMENDMENT OF THE CITY OF ELK RIVER ZONING MAP TO REZONE OUTLOT A, ELK PATH BUSINESS CENTER. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by City, of Elk River for Ordinance Amendment to Amend Sections of the Cluster Ordinance, Public Hearing- Case No. OA 01-01 Senior Planner Scott Harlicker submitted the staff report. He reviewed proposed changes with the quality of open space, architectural theme, front yard setbacks, density bonus calculations, and park dedication requirements. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public heating. Mayor Klinzing stated that she was concerned about putting more restrictions on the cluster ordinance and that by doing so developers may not continue to use this ordinance. She felt this would encourage developers to create ten acre parcels in which property owners could do anything to the property and she would rather see open spaces established. There was discussion on whether the cluster ordinance should have different rules for the Rla and the A1 zoning districts. Councilmember Kuester stated that the architectural theme should have more enforcement and that the park dedication fees should be paid on the number of lots built, not on the base number of lots. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 01-06 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1008.20 OF THE CITY CODE OF ORDINANCES INCLUDING THE CONDITION THAT 35% OF THE PRESERVED OPEN SPACE BE BUILDABLE AREA EXCEPT IN THE A1 DISTRICT IT SHALL BE 10%. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4 -1. Mayor ICdinzing opposed. City Council Minutes Page 10 April 16, 2001 6.7. Request by Christopher Stokke for Conditional Use Permit - Public Hearing, Case No. CU 01-12 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stared that Christopher Stokke is requesting a conditional use permit for a landscaping contractors yard on the southeast corner of 219th Avenue and Highway 169. She discussed the site plan and stated that there would be no retail sales on this site. Mayor IEdinzing opened the public hearing. Christopher Stokke, 14459 145th Court - Stated that at some time in the future he would like to come back to Council and ask for the allowance of retail sales. Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A LANDSCAPING CONTRACTOR YARD WITH THE FOLLOWING CONDITIONS: 1. THE OUTDOOR STORAGE AREA CONSIST OF CLASS V MATERIAL AND THE PERIMETER BE BOUNDED WITH RAILROAD TIES OR SOME OTHER BARRIER TO PREVENT THE AREA FROM GRADUALLY EXPANDING. 2. THE APPLICANT WORK WITH STAFF TO DEFINE THE PARKING AREA, ENTRANCE AND ACCESS DRIVE IN FRONT OF THE BUILDING, USING SOME TYPE OF NATURAL MATERIAL SUCH AS ROCKS OR TIMBERS. 3. ADDITIONAL EVERGREEN TREES BE PLANTED ALONG 218TM AVENUE AND THE FINAL LANDSCAPE PLAN BE SUBMITTED AND APPROVED BY STAFF. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 5. THE ENTRANCE BE NARROWED SO THAT IT IS NO WIDER THAN 30 FEET. 6. NO RETAIL SALES ARE ALLOWED. 7. A SECOND DRIVEWAY ACCESS IS RECOMMENDED, BUILT TO THE SAME SPECIFICATIONS AS THE PRIMARY ACCESS. COUNCILMEMBER TVEITE SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION AS FOLLOWS: THAT CONDITION NUMBER SEVEN STATE THAT A City Council Minutes Page 11 April 16, 2001 SECOND DRIVEWAY ACCESS BE BUILT TO THE SAME SPECIFICATIONS AS THE PRIMARY ACCESS. COUNCILMEMBER KUESTER SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 5-0. 6.8. Updated on Moratorium - Townhome Development Director of Planning Michele McPherson updated the Council on the status of the townhome moratorium ordinance. COUNCILMEMBER MOTIN MOVED TO DIRECT STAFF TO ACCEPT NO APPLICATIONS, WHICH INCLUDE TOWNHOME DEVELOPMENTS AS EITHER A COMPONENT OF OR AS AN ENTIRE PROJECT UNTIL SUCH TIME AS THE COUNCIL ACTS ON THE INTERIM ORDINANCE AND TO DIRECT THE PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING ON THE PROPOSED ORDINANCE ON MAY 8, 2001 AND THAT THE CITY COUNCIL CONSIDER ADOPTION OF THE ORDINANCE AFTER A PUBLIC HEARING ON MAY 21, 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business There was no other business. 8. Staff Updates Mayor Klinzing questioned which Councilmembers would be at the Board of Review meeting scheduled for Thursday, April 26, 2001. Councilmembers Dietz, Kuester, and Tveite stated that they would be in attendance. 9. Adjournment There being no further business, Mayor Kdinzing adjourned the meeting of the Elk River City Council at 9:35 p.m. Recording Secretary Tina Allard