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06-17-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 17, 1996 Members Present: Members Absent: Staff Present: Also Present: Mayor Duitsman, Councilmembers Dietz, Scheel and Holmgren Councilmember Farber Lori Johnson, Assistant City Administrator, Sandra Thackeray, City Clerk; Steve Ach, City Planner; Terry Maurer, City Engineer; Kendra Lindahl, Zoning Assistant; Scott Harlicker, Planning Assistant; Bruce West, Fire Chief Bob Minton, Planning Commission Representative o Call Meet n,q 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 Duitsman. Consider A.qenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/17/96 CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Aqendc~ COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.1. 5.2. 5.3. 5.4a. 5.4b. 5.5. 5.17. 6.1. 6.2. 7. JUNE 3, 1996, CITY COUNCIL MINUTES -- APPROVED LIQUOR LICENSES FOR THE 1996-97 LIQUOR LICENSING YEAR -- APPROVED EXEMPTION OF LAWFUL GAMBLING LICENSE BY CHURCH OF ST. ANDREW -- APPROVED TEMPORARY LIQUOR LICENSE FOR CHURCH OF ST. ANDREW -- APPROVED PAY ESTIMATE #3 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF 5281,662 FOR WORK ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT -- APPROVED FINAL PAY ESTIMATE TO DAVE PERKINS CONTRACTING IN THE AMOUNT OF 55,307.94 FOR COMPLETION OF THE COUNTY ROAD 12/13 STORM SEWER IMPROVEMENT PROJECT -- APPROVED MASSAGE THERAPIST LICENSE FOR JODI PIKULA -- APPROVED REQUEST TO ADVERTISE FOR A FULL TIME WASTEWATER TREATMENT SYSTEM OPERATOR -- APPROVED PRELIMINARY PLAT REQUEST BY COUNTRY RIDGE INC. -- POSTPONED TO 7/15/96 REQUEST FOR REZONING BY THE CITY OF ELK RIVER -- POSTPONED 7/15/96 CHECK REGISTER -- APPROVED Elk River City Council Meeting June 17, 1996 COUNCILMEMBER DIETZ SECONDED THE MOTION. Page 2 THE MOTION CARRIED 4-0. 6.13. City of Elk River Request for Ordinance Amendment Relatinq to the Sate of Vehicles on Public and Private Property, Public Hearin.q, Case No. CA 96-7 Zoning Assistant Kendra Lindahl reviewed the staff report on the city's request for an ordinance amendment to address the sale of vehicles on public and private property. She stated that the city receives numerous complaints regarding vehicles for sale that are parked in the public right-of-way or in front yards. She indicated that this leads to traffic problems, erosion, and other safety issues. Kendra Lindahl stated that the proposed ordinance amendment is an effective way to deal with these problems. She indicated that the Planning Commission, recommended approval of the proposed ordinance amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. It was the consensus of the Council to postpone a decision on this matter until a full Council is present. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE THIS ISSUE TO THE JULY 8, 1996, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.15. City of Elk River Request for Ordinance Amendment Relatin,q to Development Prior to Water and Sewer City Planner Steve Ach indicated that the City of Elk River has initiated an ordinance amendment which would allow commercial and industrial development within the city's urban service district prior to the availability and hooking up to city sewer and water. He explained that this ordinance amendment is being initiated in response to a request from LeFebvre Trucking and Morrell Trucking to relocate their businesses along the east Highway 10 corridor at 1 71st Avenue. Steve Ach explained that this location is within the urban service district which does not allow development to occur prior to the availability of sewer and water. The City Planner further explained that adoption of this ordinance would open all land within the urban service area to development, which would be in direct conflict with the city's growth management guidelines. The City Planner suggested that the City Council consider other options to accommodate the needs of the trucking operations, other than an ordinance amendment. He suggested the possibility of a planned unit development designation for the area. The Council discussed the issue and felt it would be best for staff to research other options. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST FOR AN ORDINANCE AMENDMENT TO AMEND THE ZONING ORDINANCE ALLOWING DEVELOPMENT OF COMMERCIAL AND INDUSTRIAL PROPERTY WITHIN THE URBAN SERVICE DISTRICT Elk River Cit.v Council Meeting Page 3 June 17, 1996 PRIOR TO HOOKING UP TO CITY SEWER AND WATER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Public Heafin.ct: Tax Increment Finq~ncin.cl Plan for Tax Increment Financing District No. 15 (McChesney Cabinets Consider Private Development Contract for Tax Increment Financinq District No. 15 between the City/EDA and McChesney Cabinets Assistant City Administrator Loft Johnson explained that TIF District No. 15 relates to McChesney Cabinets and involves pay-as-you-go assistance in the amount of $35,000. She stated that it is required that the City Council hold a public hearing on the Tax Increment Financing District. Lori Johnson reviewed the Contract for Private Development and stated that the City Council is asked to approve this Contract. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-34, A RESOLUTION FOR THE CITY OF ELK RIVER RELATING TO THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15 AND THE ADOPTION AND APPROVAL OF THE TAX INCREMENT FINANCING PLAN RELATED THERETO LOCATED WITHIN DEVELOPMENT DISTRICT NO. 1 RELATING TO MCCHESNEY CABINETS. COUNCILMEMB~:R HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONTRACT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF ELK RIVER, THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, AND GERALD AND JOANNE MCCHESNEY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.8. Discuss Historic Downtown Siqns Zoning Assistant Kendra Lindahl stated that the Rivers Edge Group has contacted the city regarding the installation of four major highway signs which state "Historic Downtown". She indicated that these signs would be placed below the population signs on the outskirts of the city. She further indicated that the Rivers Edge Group is requesting the city to fund the signs. Kendra Lindahl stated that the EDA reviewed this issue and recommended that the city not be responsible for these signs and felt it would be more beneficial for the signs to be located near the downtown area. Kendra Lindahl further indicated that the Rivers Edge Group is proposing to put a wooden sign in the downtown square and have requested the City Council to waive the permit fee for this sign. COUNClLMEMBER SCHEEL MOVED TO WAIVE THE PERMIT FEE FOR THE HISTORIC DOWNTOWN SIGN TO BE PLACED IN JACKSON SQUARE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Meeting June 17, 1996 Page 4 5.9, Accept Resi.qnation and Consider Fillin,q Vacancy of Park and Recreation Commissioner The City Clerk indicated that two Park and Recreation Commissioners have resigned from the Commission. She requested the Council to consider options for appointing new Commissioners. COUNCILMEMBER SCHEEL MOVED TO ACCEPT THE RESIGNATION OF SHAWN DONAIS FROM THE PARK AND RECREATION COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Scheel indicated that she would not formally accept the resignation of Robin Tuttle as an actual letter of resignation has not been received. COUNCILMEMBER SCHEEL MOVED TO ADVERTISE FOR THE POSITION OF PARK AND RECREATION COMMISSIONER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.10. Request to Advedise for Bids for a Pumper Truck Fire Chief Bruce West requested authorization to advertise for bids for a pumper truck at a cost of approximately $300,000. He stated that the estimated delivery date would be the fall of 1997. Mayor Duitsman indicated that he was under the impression that the capital budget expenditures for this item was proposed for 1998. Bruce West indicated that the fire department has always talked about a 1997 delivery for the truck. Lori Johnson reviewed funding options. It was the consensus of the City Council to advertise for bids at this time and to review the funding for the truck at a later date. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE FIRE DEPARTMENT TO REQUEST BIDS FOR A 1250 GPM TRIPLE COMBINATION FIREFIGHTING APPARATUS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- O. Councilmember Holmgren left at this time (6:30 p.m.) ,5.11. Consider Resolution Entednq into a Cooperative Aqreement on Simonet Drive Left Turn Lane City Engineer Terry Maurer reviewed the staff report on this issue. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-35, A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10 AT SIMONET DRIVE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. Elk River City Council Meeting Page 5 June 17, 1996 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-36, A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10 AT UPLAND AVENUE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.13. Main Street and Trunk Highway 10 Intersection Discussion City Engineer Terry Maurer reviewed the Trunk Highway 10/Main Street intersection improvement plan. He indicated that several years ago, options for improving the intersection were discussed. He fudher indicated that the project was programmed for 1996 with an estimated cost of $500,000, with $400,000 being funded by an ISTEA federal grant. Terry Maurer explained that the $500,000 estimated cost for the project did not include land acquisition issues which would be a substantial increase in this figure. The City Engineer suggested that if the Council is not in a position to proceed with this project, it should request MnDOT to have it dropped from the program. COUNClLMEMBER DIETZ MOVED TO CANCEL THE REQUEST FOR THE TRUNK HIGHWAY 10/MAIN STREET INTERSECTION IMPROVEMENT AT THIS TIME. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.14. Kin.q Avenue and Main Street Public Headn.q Assistant City Administrator Lori Johnson indicated that the HRA is in the process of acquiring three parcels at the intersection of King Avenue and Main Street for a redevelopment project. She indicated that the state statutes require the city to hold a public hearing on the early acquisition of this property. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-37, A RESOLUTION AUTHORIZING EARLY ACQUISITION OF INDIVIDUAL TRACTS PRIOR TO THE APPROVAL OF A REDEVELOPMENT PLAN AND PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. COUNClLMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 29, 1996, TO BE HELD AT SALK JUNIOR HIGH SCHOOL AT 6:00 P.M. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3- 0. Conditions of Planned Unit Development Aqreement - (this item was added to the agenda) City Planner Steve Ach indicated that this issue relates to the LeFebvre Trucking relocation. Steve Ach indicated that LeFebvre Trucking has some concerns regarding future trunk: sewer and water charges, hool< up requirements, and signing a petition to waive rights to appeal assessments when utilities are available. Steve Ach indicated that LeFebvre is requesting the city to include Elk River City Council Meeting Page 6 June 17, 1996 language with parameters around the actual amount of trunk sewer and water costs by including a not to exceed clause. If was the consensus of the City Council to request staff to work with LeFebvre Trucking in drafting an agreement with options for Council review. Waiving Application and Development Fees for LeFebvre Truckin,q - (this item was added to the agenda) City Planner Steve Ach stated that LeFebvre Trucking has requested the Council to waive all application and development fees associated with developing their properly on 171st Avenue. Steve Ach reviewed the fees which the developer is requesting the city to forgive. The Council discussed this issue and determined that although the Council would like to encourage LeFebvre Trucking to relocate in Elk River, it would not be fair to other developers to waive the fees. The Council suggested that staff work with LeFebvre Trucking to see if there are other options to assist the company other than waiving fees. 5.16. Discuss City Council Meetinq Schedule COUNCILMEMBER DIETZ MOVED TO CANCEL THE JUNE 24 AND JULY 1, 1996, COUNCIL MEETINGS AND TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 8, 1996, AT APPROXIMATELY 6:30 P.M. {IMMEDIATELY FOLLOWING THE EDA MEETING). COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.3o Request by Paul and Paula Kowalzek for Conditional Use Permitf Public Hearin.q, Case No. CU 96-3 Planning Assistant Scott Harlicker stated that Paul and Paula Kowalzek are requesting a conditional use permit to have two horses on a platted lot of less than five acres located at 14225 214th Avenue North. Scott Harlicker reviewed the staff report on this issue. He indicated that the Planning Commission reviewed the issue on May 28 and recommended approval to the City Council. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW PAUL AND PAULA KOWALZEK TO HAVE TWO HORSES ON THEIR PROPERTY LOCATED AT 14225 214TH AVENUE WITH THE FOLLOWING CONDITIONS: THE FENCE CLOSING THE PASTURE MUST BE AT LEAST FIVE FEET FROM ANY PROPERTY LINE. THE AREA WITHIN FIVE FEET OF THE RAISED MOUND SEPTIC SYSTEM SHALL NOT BE INCLUDED IN THE PASTURE AREA. 3. NO MORE THAN TWO HORSES SHALL BE ALLOWED ON THIS LOT. Elk River City Council Meeting June 17, 1996 COUNCILMEMBER DIETZ SECONDED THE MOTION. Page 7 THE MOTION CARRIED 3-0. 6.4. Variance Request by Diane Theisen and Michael Schwin,qle, Public Hearth,q, Case No. V 96-04 Zoning Assistant Kendra Lindahl indicated that the applicant is requesting a variance for a five foot setback from the garage and a variance for a 35 foot shoreland setback from the Elk River for a septic system. The property is located at 18741 Yankton Street NW. Kendra Lindahl reviewed the staff repod on this issue. She indicated that staff and Planning Commission recommend approval of the variance for a five foot building setback and a 3,5 foot shoreland setback for the purpose of installing a septic system based on the four findings listed in the memo to the Mayor and City Council from Kendra Lindahl dated June 17, 1996. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO APPROVE THE VARIANCE REQUESTED BY DIANE THEISEN AND MICHAEL SCHWINGLE FOR A FIVE FOOT BUILDING SETBACK AND A 35 FOOT SHORELAND SETBACK FOR THE PURPOSE OF INSTALLING A SEPTIC SYSTEM AT 18714 YANKTON STREET NW BASED ON THE FOLLOWING CONDITIONS: ADJACENT PROPERTY WILL BE PURCHASED AND COMBINED WITH THE EXISTING LOT FOR LOCATION OF THE DRAINFIELD. APPLICANT WILL PROVIDE THE CITY WITH A COPY OF THE LOT COMBINATION PRIOR TO RECEIPT OF A BUILDING PERMIT. SEPTIC SYSTEM WILL BE CONSTRUCTED ACCORDING TO THE CONDITIONS OUTLINED IN THE LETTER FROM JaN CHRISTENSEN. THE TOP GRADE OF THE SEPTIC SYSTEM WILL BE GRADED AWAY FROM THE ELK RIVER. THE LETTER FROM DNR AREA HYDROLOGIST DAN LAIS BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. COUNClLMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. Request by Universal Si.qns to Amend Elk Park Center Planned Unit Development Si.qn Requirements, Public: Hearinq, Case No. CU 96-09 Zoning Assistant Kendra Lindahl indicated that Universal Signs, on behalf of Cub Foods, is requesting to amend the sign requirements in the Elk Park Center PUD Agreement. She indicated that Cub Foods is proposing to expand the existing Target monument sign on Jackson Avenue and the service road to include Cub Foods. Kendra Lindahl explained that the PUD Agreement allows the Target sign to be a maximum of 6 feet high and 4 feet wide. She stated that Cub Foods is proposing to extend the existing brick base to place a Cub Food sign of the same dimension next to the existing Target sign. Kendra Lindahl indicated that the Planning Commission reviewed the issue and recommended approval of the conditional use permit as the Planning Commission felt that the request met Elk River City Council Meeting Page 8 June 17, 1996 the seven standards as listed in the memo to the Mayor and City Council from Kendra Lindahl dated June 17, 1996. 6o6. 6.7. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PUD AGREEMENT TO ALLOW CUB FOODS TO EXPAND THE EXISTING TARGET MONUMENT SIGN AT JACKSON AVENUE AND THE SERVICE ROAD WITH THE FOLLOWING CONDITIONS: THE APPLICANT WILL APPLY FOR A SIGN PERMIT BEFORE BEGINNING CONSTRUCTION ON THE SIGN. THE SIGN WILL BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING TARGET SIGN. THE TOTAL SIGN AREA FOR THE CUB FOODS SIGN WILL BE 49~/4 INCHES X 96 INCHES TO MATCH THE SIZE OF THE EXISTING TARGET SIGN. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. Request for Easement Vacation by Richard Du.q.qan, Public Hearin.q, Case No. EV 96-1 City Planner Steve Ach indicated that Richard Duggan is requesting to vacate the side lot line drainage and utility easements between Lots 6 and 7 of McChesney Industrial Park. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-38, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 96-1. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. Conditional Use Permit Request by Independent School District No. 728, Public Hearin.q, Case No. CU 96-10 Planning Assistant Scott Harlicker indicated that School District No. 728 is requesting a conditional use permit for outdoor storage at their maintenance grounds facility located at 19072 Triangle Road. Scott Harlicker stated that the School District plans on storing trailers which will contain mowing and maintenance equipment. He further indicated that a chain link fence with slats is proposed to enclose the storage area. Mayor Duitsman opened the public hearing. Ed Cunningion, representative of Tescom and adjacent property owner, indicated his concerns regarding the appropriateness of outdoor storage in the Industrial Park. Ed Cunnington indicated his concern about the image that his company has to maintain to attract high tech clients. Mr. Cunnington indicated Elk River City Council Meeting Page 9 June 17, 1996 that he has continued to receive reassurance from the city that the Industrial Park will contain light industrial occupants. He stated he feels the intent of the Industrial Park is not being followed. John Bogart, representing the School District, reviewed the screening plan with the Council. He indicated that the screening will completely shield Tesaom from any visibility of outside storage. John Bogart requested the Council to allow School District No. 728 to place an aggregate surface for the storage area. Bob Minton, Planning Commission Representative, stated that the Planning Commission desired to protect the image of Tesaom and felt that bituminous surfacing should be installed in order to maintain a dust free environment. David Hyman, construction manager for the building, indicated that District No. 728 has done everything possible to screen the building from Tescom. He further indicated that Class 2 is a dust free surface. Mayor Duitsman questioned how long the School District intended to allow the outdoor storage to continue. Run Bratlie, representing the School District, indicated he was unsure as to when there would be available funds to expand the building to accommodate the outdoor storage. The Council discussed other possibilities such as storing the outdoor equipment at the city street garage. There being no further comments, Mayor Duifsman closed the public hearing. It was the consensus of the City Council to make no decision at this time. COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ISSUE TO JULY 8, 1996, AT APPROXIMATELY 6:30 P.M. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.8. Independent School Distdct No. 728 Request for Conditional Use Permit for Temporary Classrooms, Public Hearing, Case No. CU 96-11 City Planner Steve Ach stated that lSD 728 is requesting a conditional use permit to construct temporary classrooms in front of the Senior High building. The location for the proposed classrooms is the northwest corner of Jackson and School Street. Steve Ach explained that the proposed building will be 4,235 square feet to accommodate four additional classrooms. Steve Ach reviewed the staff report on this issue. He stated that the Police Department had issues of concern regarding lack of natural surveillance and the fact that in order to access the site, the students must leave the main school building. Steve Ach indicated that the Planning Commission reviewed the issue and recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Elk River City Council Meeting Page 10 June 17, 1996 MAYOR DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT NO. 728 TO ALLOW THE CONSTRUCTION OF TEMPORARY CLASSROOM FACILITIES WITH THE FOLLOWING CONDITIONS: 1. THE EXTERIOR OF THE BUILDING BE PAINTED TO MATCH THE SENIOR HIGH. AS PART OF THE PROJECT, FOR EACH TREE REMOVED AS A RESULT OF THE TEMPORARY STRUCTURES BEING CONSTRUCTED, AN EQUAL NUMBER OF TREES BE PROVIDED ON SITE. AS REQUESTED BY ELK RIVER UTILITIES, ONE ELECTRICAL HOOKUP BE PROVIDED TO THE BUILDING. ALL THE BUILDING CODE REQUIREMENTS BE MET AND SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT. THE SITE PLAN AND PROPOSED TEMPORARY STRUCTURES PLAN BE APPROVED PRIOR TO ISSUANCE OF A BUILDING PERMIT. IF APPROVED BY THE FIRE CHIEF, A CHAIN LINK FENCE BE INSTALLED BETWEEN THE TWO STRUCTURES TO DISCOURAGE THE USE OF THE AREA AFTER HOURS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.9, Conditional Use Permit Request by Jim Taylor (Midas Muffler), Public Hearin.q, Case No. CU 96-8 City Planner Steve Ach indicated that Jim Taylor of Midas Muffler is requesting a conditional use permit for site plan review to construct an automobile repair facility in the Elk Park Center Planned Unit Development located at Lot 3, Block 2, Elk Park Center. Steve Ach reviewed the staff repod on this issue. Planning Commission Representative Bob Minton indicated that the Planning Commission recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY JIM TAYLOR OF MIDAS MUFFLER TO CONSTRUCT A 4,032 SQUARE FOOT AUTO REPAIR FACILITY IN THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: ALL COMMENTS LISTED IN THE REPORT TO THE PLANNING COMMISSION DATED MAY 28, 1996, BE INCORPORATED INTO THE REVISED PLANS FOR APPROVAL. ALL THE COMMENTS SET FORTH IN THE CITY ENGINEER'S MEMO DATED MAY 24, 1996, BE INCORPORATED IN10 THE PLANS FOR APPROVAL. THE APPLICANT PROVIDE FOUR SETS OF REVISED PLANS TO THE CITY FOR REVIEW PRIOR 10 ISSUANC.~ OF A BUILDING PERMIT. Elk River City Council Meeting June 17, 1996 Page 11 4. NO OUTDOOR STORAGE OF AUTO PARTS OR OTHER MERCHANDISE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.10. Phoenix Enterprises LLC Request for Preliminary Plat Approval, Hillside Estates 6th Addition, Public Hearinq, Case No. P 96-3 City Planner Steve Ach indicated that Phoenix Enterprises is requesting preliminary plat approval to subdivide approximately two acres into four single family lots at the location of 194th Avenue alignment and Baldwin Street. Steve Ach reviewed the staff report on this issue. Planning Commission Representative Bob Minton stated that the Planning Commission recommended approval of the preliminary plat request. COUNClLMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY PHOENIX ENTERPRISES TO SUBDIVIDE APPROXIMATELY TWO ACRES INTO FOUR SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: IF IT IS DETERMINED THAT THE LOT LINES IN THE PROPOSED PLAT NEED TO BE ADJUSTED TO ACCOMMODATE THE EXTENSION OF THE UTILITIES FURTHER NORTH AS REQUESTED BY THE ELK RIVER UTILITIES DEPARTMENT, THIS BE ACCOMPLISHED PRIOR TO RECORDING THE PLAT. DEVELOPER'S AGREEMENT BE PREPARED, OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. PARK DEDICATION IN THE PAYMENT OF CASH FOR EACH OF THE FOUR LOTS IN THE PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES AND ELECTRIC SERVICES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. A DETAILED EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING ANY GRADING ON SITE. o PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. ° DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THE PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER PROVIDE AN ACCEPTABLE FINANCIAL GUARANTEE TO THE CITY TO COVER THE COST ASSOCIATED WITH THE UTILITY AND STREET IMPROVEMENTS. Elk River City Council Meeting Page 12 June 17, 1996 10. UPON COMPLETING ALL IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 11. THE DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 1, BE ADJUSTED TO ALLOW A 50' DEEP BUILDING PAD WITHOUT ENCROACHING INTO THE DRAINAGE AND UTILITY EASEMENT. 12. A STREET LIGHT BE PROVIDED AT THE END OF THE CUL-DE-SAC AS REQUESTED BY ELK RIVER UTILITIES. 13. A SEAL COATING FEE AS DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 14. PROVISIONS BE MADE TO EXTEND THE UTILITY LINE NORTH OF THE PROPOSED PLAT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.11. Request by WJC Development Corporation for Preliminary Plat Approval for Pheasant Run, Public Hearin.q, Case No. P 96-5 Planning Assistant Scott Harlicker stated that the W JO Development Corporation is requesting preliminary plat approval to subdivide a 40 acre parcel into 14 single family lots. He stated that the subject property is located on the south side of 209th Avenue NW just west of the intersection of 209th Avenue and County Road 13. Scott Harlicker indicated that the Planning Commission discussed issues pedaining to landscaping, character of area, access, and traffic. He stated that during the Planning Commission public hearing, four neighbors spoke against the subdivision. The main concern was the size of the lots and the fact that the lots were too small for the area. Scott Harlicker indicated that the neighbors were also concerned about traffic and the impact that the project will have on County Road 33. Terry Herman of John Oliver and Associates requested the Council consider granting an exception to conditions 14 and 15 regarding grading and erosion. He indicated that there will be a Parade of Homes on September 7 and WJC Development is proposing to construct two homes for the Parade. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his concern of setting a precedence by extending the timing allowed for the grading and erosion plans. Councilmember Scheel questioned staff as to whether there were any provisions for screening to protect the people from tormenting the cattle. Scott Harlicker indicated that screening was not provided at this time. Planning Commission Representative Bob Minton indicated that the Planning Commission recommended approval. Elk River City Council Meeting Page 13 June 17, 1996 COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR PHEASANT RUN LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 33 JUST WEST OF THE INTERSECTION OF COUNTY ROAD 33 AND COUNTY ROAD 13 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. o COMMENTS AS REQUESTED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT BE INCORPORATED AS PART OF THE PLAT. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 5/22/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. o APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT-OF-WAY BE OBTAINED PRIOR TO COMMENCING WORK. o SURFACE WATER MANAGEMENT FEE IN THE AN AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. o ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND FILED. AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS DEVELOPMENT. 10. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. A SEALCOAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE SUBDIVISION. ELK RIVER UTILITIES HAS RECOMMENDED THREE STREET LIGHTS FOR THIS PROJECT. 13. ALL EXISTING OUTBUILDINGS SHALL BE REMOVED FROM THE PROPERTY PRIOR TO COMMENCING THE STREET IMPROVEMENTS. 14. A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. Elk River City Council Meeting June 17, 1996 Page 14 15. THE GRADING FOR THE DEVELOPMENT WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS, 16. RESTRICTED ACCESS ALONG COUNTY ROAD 33 SHOULD BE INCORPORATED ON THE PLAT, NO LOTS SHALL BE ACCESSED FROM COUNTY ROAD 33. 17. A LANDSCAPING PLAN WITH SPECIES AND SIZE, WHICH INCLUDES A COMBINATION OF BERMING AND TREES ALONG COUNTY ROAD 33 BE PROVIDED AND APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. FRONT YARD TREES BE PROVIDED THROUGHOUT THE DEVELOPMENT AS SET FORTH IN THE CITY ORDINANCE. THESE FRONT YARD TREES SHOULD BE ILLUSTRATED ON THE SUBMITTED LANDSCAPING PLAN. 19. ALL COMMENTS IN SHERBURNE COUNTY HIGHWAY DEPARTMENT'S LETTER DATED 6/5/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.12. Preliminary Plat Request for John Weicht and Associates, Public Hearth.q, Case No. P 96-4 City Planner Steve Ach indicated that John Weicht and Associates is requesting preliminary plat approval to subdivide approximately 7 acres into one commercial lot and one ouflot at the location of the nodhwest corner of Jarvis Street and US Highway 10. Steve Ach reviewed the staff repod on this issue. Steve Ach indicated that staff is recommending that 156th Avenue be improved as part of this development from Jarvis Street to the plats western limits. He further stated that staff is recommending that Jar-vis Street be improved to accommodate the increase in traffic of the proposed commercial building and the anticipated future development and increased traffic on Jarvis. Steve Ach indicated that another issue that was discussed related to the access off of Jarvis Street. He stated that staff is proposing that the commercial development in this plat as well as other proposed development have its access limited to the frontage road. Planning Commission Representative Bob Minton stated that the Planning Commission reviewed the preliminary plat and had a tie vote of 2-2, mainly due to the access issue. Mayor Duitsman opened the public hearing. John Weicht, representing Mr. Hickman, indicated his concern with the issues of improving both Jarvis and 156fh. He indicated that at the present time there is a Iow traffic volume on Jarvis Street and stated that he does not feel an improvement to the street is warranted af this time. He further indicated that he did not feel that Furniture and Things should be solely responsible for the improvements of 156th and Jarvis as this business will not be the driving force which makes the need for the improvements. John Weicht further indicated Elk River City Council Meeting Page 15 June 17, 1996 that Mr. Hickman, the owner of the proposed commercial building, is concerned about the staff recommendation regarding the entrance off of the service road. Larry Hickman indicated that the access off of Jarvis is important in order for his business to survive and to provide the appearance of a front entrance. Larry Hickman further indicated that he would be willing to pay his fair share for Jarvis and for 156th when the need for upgrading is warranted. The Council discussed issues of repairing Jarvis and 156th and the entrance road off of Jarvis. There being no further business, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO LEAVE 156TH AVENUE AS IS AND TO IMPROVE JARVIS STREET AT ANOTHER TIME WHEN IT IS DEEMED NECESSARY AND TO ALLOW LARRY HICKMAN ACCESS OFF OF JARVIS WITH THE AGREEMENT TO CLOSE THAT ACCESS WHEN THE CITY DEEMS IT IS NECESSARY OR IN FIVE YEARS, WHICHEVER OCCURS FIRST. This motion died for lack of a second. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY JOHN WEICHT AND ASSOCIATES TO SUBDIVIDE APPROXIMATELY SEVEN ACRES WITH ONE COMMERCIAL LOT AND ONE OUTLOT WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL AND ANY NECESSARY IMPROVEMENTS. ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE PROVIDED ALONG THE WEST SIDE OF JARVIS STREET INCLUDING THE FRONTAGE OF OUTLOT A. THE ISSUE OF THE DEVELOPER BEING RESPONSIBLE TO CONSTRUCT 156TH AVENUE NW EXTENDING WEST OF JARVIS STREET TO THE WESTERN LIMITS OF THE PLAT BE DECIDED AT THE TIME OF FINAL PLAT APPROVAL. A TEMPORARY CUL-DE-SAC BE PROVIDED AT THE END OF 156TH AVENUE NW. PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. o A LETTER OF CREDIT OR OTHER ACCEPTABLE FINANCIAL GUARANTEE BE PROVIDED TO THE CITY TO ENSURE THE INSTALLATION OF STREET, UTILITY (STORM SEWER) AND OTHER PUBLIC IMPROVEMENTS. o PRIOR TO ISSUANCE OF A BUILDING PERMIT ON LOT 1, BLOCK 1, FOR THE PROPOSED PLAT, THE EXISTING BILLBOARD BE REMOVED FROM THE SITE. Elk River City Council Meeting Page 16 June 17, 1996 9. APPROPRIATE PERMITS FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE OBTAINED FOR ANY PROPOSED WORK WITHIN THE STATE RIGHT-OF-WAY. 10. ANY RECOMMENDATIONS OR CONDITIONS FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE MADE PART OF THE PLAT APPROVAL. 11. ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 5/23/96 BE INCORPORATED AS PART OF THE PRELIMINARY PLAT APPROVAL. 12. A GRADING PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO ANY WORK COMMENCING ON THE SITE. 13. THE ISSUE OF THE DEVELOPER BEING RESPONSIBLE FOR JARVIS STREET BEING UPGRADED FROM STATE HIGHWAY NO. 10 NORTH TO 156TH STREET BE DECIDED AT THE TIME OF FINAL PLAT APPROVAL. 14. STREET LIGHT BE INSTALLED AT THE CORNER OF 156TH AVENUE AND JARVIS STREET. THIS IMPROVEMENT SHALL BE INCLUDED WITH THE PLANS PREPARED FOR 156TH AVENUE NW. 15. A SEALCOATING FEE AS DETERMINED BY THE CITY ENGINEER BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. THIS FEE SHALL APPLY TO 156TH AVENUE NW. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.14. Phoenix Enterprises LLC Request to Modify Fence Requirements in Hillside Crossin,q PUD City Planner Steve Ach indicated that the city has received a request from Riverside Development to modify the fence requirements around the storm water pond in the Hillside Crossing Planned Unit Development. He explained that the plans for the Hillside Crossing PUD included a storm water ponding area that would be surrounded by a four foot high fence on the west, north, and east sides and a six foot high fence on the south side. Steve Ach explained that the developers are requesting to change the fencing requirement by reducing the height of the fence along 193rd from 6 feet to 4 feet and by eliminating the fence along the east portion of the pond. The Council discussed the issue and felt that the elimination of the fence along the one side of the pond could create extra liability for the city. COUNCILMEMBER SCHEEL MOVED TO DENY THE REQUEST TO MODIFY THE FENCE REQUIREMENTS AROUND THE STORM WATER POND IN THE HILLSIDE CROSSING PLANNED UNIT DEVELOPMENT. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 2-0-1. Councilmember Dietz abstained. 8. Other Business Councilmember Scheel indicated she had some concerns regarding the government access channel on Jones Intercable TV. Elk River City Council Meeting June 17, 1996 9. Staff Updates Page 17 Mayor Duitsman informed the Council that Area Recreation Director Jeff Asfahl is proposing some programs for Lions Park. He indicated that Jeff is requesting to hire someone on a part time basis to develop youth activities for the park. Mayor Duitsman suggested that the city contribute some seed money for this project. COUNCILMEMBER DIETZ MOVED TO APPROVE $4,000 FROM THE COUNCIL CONTINGENCY FUND TO BE USED TO START A YOUTH PROGRAM AT LIONS PARK. COUNCILMEMBER SCHEEi. SECONDED THE MOTION. THE MOTION CARRIED 3-0. 10. Adjournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. The meeting of the Elk River City Council was adjourned at 9:50 p.m. Respectfully submitted, Sandra Thackeray City Clerk