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08-19-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 19, 1996 Members Present: Mayor Duitsman (6:15 p.m.), Councilmembers Dietz, Scheel, Holmgren, and Farber Members Absent: None Staff Present: Peter Beck, City Attorney; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk; Steve Ach, City Planner; Pat Klaers, City Administrator; Kendra Lindahl, Zoning Assistant; Bruce West, Fire Chief; Steve Rohlf, Building and Zoning Administrator Also Present: Louise Kuester, Planning Commission Representative Dana Anderson, Park and Recreation Commission Representative ¸1. o Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:10 p.m. by Vice Mayor Holmgren. Consider A.qenda Item 4.1. was removed from the Consent Agenda; Item 5.17. - Request by Street Department to Sell Equipment, and Item 8.20. - Consider Bid Results for 171st Avenue/Ulysses Street Construction Bids, were added to the agenda; and Items 8°16. and 8.17. were added to the Consent Agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS WITH THE EXCEPTION OF ITEM 4.1..' 4.2, 4.3. 5.6. 5.7. 5.8a. 5.8b. 8/5/95 REGULAR CITY COUNCIL MEETING MINUTES - APPROVED 8/12/96 SPECIAL MEETING CITY COUNCIL MINUTES - APPROVED REQUEST TO REPLACE YIELD SIGNS WITH STOP SIGNS ALONG HIGHLAND ROAD BETWEEN JACKSON AVENUE AND PROCTOR ROAD - APPROVED RESOLUTION 96-60 REQUESTING THE COMMISSIONER OF TRANSPORTATION TO STUDY CERTAIN ROADS IN THE CITY OF ELK RIVER FOR THE PURPOSE OF ESTABLISHING SPEED ZONES - APPROVED PAY ESTIMATE #1 TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA PROJECT IN THE AMOUNT OF $39,991 - APPROVED PAY ESTIMATE #5 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $658,976 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT - APPROVED Elk River City Council Meeting August 19, 1996 Page 2 5.8c. 5.8d. 5.11. 5.16. 8.1, 8.2. 8.3. 8.7. 8.13. 8.15. 8.16. 8.17. 9. PAY ESTIMATE #2 IN THE AMOUNT OF $99,719.11 TO MID MINNESOTA CONCRETE AND EXCAVATING, INC. FOR WORK COMPLETED ON HILLSIDE CROSSING II PROJECT- APPROVED FINAL PAY ESTIMATE TO FOREST LAKE CONTRACTING, INC. IN THE AMOUNT OF 37,394.76 FOR WORK COMPLETED ON THE DODGE/ELK HILLS DRIVE IMPROVEMENTS - APPROVED REQUEST BY STREET DEPARTMENT SUPERINTENDENT PHIL HALS TO PURCHASE A GARAGE AND SPRAYER FROM lSD 728 FOR $3,000 WITH HALF OF THE MONEY FROM PARK EQUIPMENT RESERVES AND HALF FROM STREET EQUIPMENT RESERVES - APPROVED TEMPORARY BEER LICENSE AND ON-SALE LIQUOR LICENSE FOR THE ELK RIVER LIONS TO SELL 3.2 BEER AND ON-SALE LIQUOR DURING THE FIRE DEPARTMENT STREET DANCE ON SEPTEMBER 7, 1996, AT THE ELK RIVER FIRE DEPARTMENT - APPROVED ADMINISTRATIVE SUBDIVISION REQUEST BY MATr SMITH -. POSTPONED TO SEPTMBER 16, 1996 VARIANCE FOR DJ'S TOTAL HOME CARE CENTER - POSTPONED TO SEPTEMBER 16, 1996 CONDITIONAL USE PERMIT FOR DJ'S TOTAL HOME CARE CENTER - POSTPONED TO SEPTEMBER 16, 1996 BRIDGELAND DEVELOPMENT COMPANY REQUEST FOR PRELIMINARY PLAT APPROVAL, EAGLE RIDGE ESTATES- WITHDRAWN CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT CASE NO. OA 96-6 - POSTPONED TO SEPTEMBER 16, 1996 CITY OF ELK RIVER REQUEST FOR ZONE CHANGE, CASE NO. ZC 96-10 - POSTPONED TO SEPTEMBER 16, 1996 WILD AND SCENIC RIVER ORDINANCE AMENDMENT BY THE CITY OF ELK RIVER, CASE NO. OA 96-11 - POSTPONED INDEFINITELY CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT, CASE NO. OA 96-8- POSTPONED TO SEPTEMBER 16, 1996 CHECK REGISTER - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. July 29, 1996, City Council Meetinq Minutes The City Administrator requested that a sentence be added to the minutes indicating that Truman Moyer submitted a map and requested it be entered into the official record. COUNCILMEMBER FARBER MOVED TO APPROVE THE 7/29/96 CITY COUNCIL MEETING MINUTES AS AMENDED. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. Utilities Commission Update Councilmember Dietz gave a brief update on issues that were discussed during the August Utilities Commission meeting. Mayor Duitsman arrived at this time (6:10 p.m.). Vice Mayor Holmgren turned the gavel over to Mayor Duitsman at this time. Elk River City Council Meeting August 19, 1996 Page 3 5.10. 5.1. 5.2. 5.3. 5.4. Community Recreation Update Councilmember Holmgren updated the City Council on current Community Recreation Board issues. Approval of Bid for 1250 GPM Triple Combination Pumper Fire Chief Bruce West indicated that the city received one bid from Pierce Manufacturing, Inc. for a 1250 gpm triple combination firefighting apparatus. He indicated that the bid from Pierce Manufacturing was in the amount of $299,875. Fire Chief Bruce West indicated that the Elk River Fire Department Truck Committee is requesting the Council to approve the bid from Pierce Manufacturing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE BID FROM PIERCE MANUFACTURING, INC. FOR A 1250 GPM TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $299,875. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. ' Approval of Job Description for Part Time Fire Inspector Fire Chief Bruce West reviewed the proposed job description for the part time fire inspector. Bruce West indicated that he is proposing to hire one or two part time fire inspectors to conduct fire inspections in commercial, industrial, and places of assembly for enforcement of the fire codes. He stated that approximately 1200 hours per year has been designated for the pad time fire inspectors and indicated that the funding will come from the Council Contingency Fund. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE JOB DESCRIPTION FOR PART TIME FIRE INSPECTOR AND FUNDING FOR THE PART TIME FIRE INSPECTOR POSITION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Resolution Approvin.q Notice of Publication of Ordinance 96-t 7, Housin.q Maintenance Ordinance COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-61, A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 96-17, AMENDING THE CITY CODE OF ORDINANCES TO INCLUDE SECTION 1007, HOUSING MAINTENANCE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Job Description and Salary Ran.qe for Housinq Inspector Building and Zoning Administrator Steve Rohlf reviewed the proposed job description for housing inspector. The Building and Zoning Administrator indicated that staff is proposing to hire a housing administrator at Pay Grade 12 between the ranges of $23,920 to $38,979 annually. Mayor Duitsman indicated his concern regarding the amount of money in the Council Contingency Fund. The City Administrator indicated that staff will be Elk River City Council Meeting August 19, 1996 Page 4 reviewing the status of the Council Contingency Fund during the budget review meeting. It was the consensus of the Council to authorize staff to advertise for the housing inspector at Pay Grade level 12, but to mal<e no decision on the actual salary or starting date until the Council reviews the status of the Council Contingency Fund. COUNCILMEMBER $CHEEL MOVED TO APPROVE THE JOB DESCRIPTION FOR HOUSING INSPECTOR AND TO AUTHORIZE STAFF TO BEGIN THE HIRING PROCESS BY ADVERTISING FOR A HOUSING INSPECTOR AT A PAY GRADE LEVEL 12. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Transfer of Garbaqe Collection Contract from East Tonka Sanitation to Randy's Sanitation Zoning Assistant Kendra Lindahl indicated that East Tonka Sanitation is requesting transfer of their contract to Randy's Sanitation. The Zoning Assistant reviewed the conditions of the transfer, · Mark Stollman, general manager of Randy's Sanitation, requested the Council to defer action on this issue until the Sherbume County contract is signed. COUNCILMEMBER DIETZ MOVED TO TAKE NO ACTION ON THIS ISSUE AT THIS TIME. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12. Consider Resolution Orderinq the Improvement and Preparation of Plans and Specifications in the Matter of the Orono Lake 3rd Addition Improvement of 1996 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-~k~.2, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MAI'I'ER OF THE ORONO LAKE 3RD ADDITION IMPROVEMENT OF 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Consider A~tion Reqardin.q Riverview Heiqhts Overlay Improvement Project City Engineer Terry Maurer indicated that the Council recently directed staff to review the streets and return with a recommendation regarding an overlay project to be completed in the Riverview Heights, Grandview, and Palmer Additions. Terry Maurer indicated that staff is recommending an overlay project be completed on all the streets with the exception of Grandview 2nd Addition (Macon Street) and the portion of Riverview Drive adjacent to the Country Crossing 3rd Addition. Terry Maurer explained that because Country Crossing 3rd will be developed within the near future with sewer and water serving the project, it would be counterproductive to overlay the streets that would be affected by this improvement. Terry Maurer stated that Street Superintendent Phil Hals indicated that he would be able to maintain the streets in satisfactory condition until Country Crossing 3rd Addition would require sewer and water and street reconstruction. City Engineer Terry Maurer indicated that the proposed cost per unit for the street overlay is $1,300. He further indicated that in order to complete the project in Elk River City Council Meeting August 19, 1996 Page 5 1996 it will be necessary to speed up the 429 process by holding the public hearing and assessment hearing on the same date. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-63, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MA'n'ER OF THE RIVERVIEW HEIC, HTS AREA OVERLAY IMPROVEMENT OF 199&. C~OUNC:ILMI~M~I~R HOLM~REN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-64, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE RIVERVIEW HEIGHTS AREA OVERLAY IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-65, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MA'II'ER OF THE RIVERVIEW HEIGHTS AREA OVERLAY IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COuNCILMEMBER sCHEEL MOVED TO ADOPT RESOLUTION 96-66, DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MA'rl'ER OF RIVERVIEW HEIGHTS AREA OVERLAY IMPROVEMENT OF 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.14. Consider Callinq a Special Meetinq for September 9, i 99F, No a~tion was required for this item as a special meeting for September 9 was previously called. 5.15. Consider Bids for Annual Seal Coat Program City Engineer Terry Maurer stated that the city received two bids for the 1996 seal coating project. Terry Maurer recommended that the Council adopt the resolution awarding the bid to the lowest bidder, Pearson Brothers, Inc. at $35,877. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-67, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COATING IMPROVEMENT OF 1996. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.17. Bids on Pick Up Box The City Administrator distributed a memo from the Street/Park Superintendent requesting authorization to accept the high bidder for the sale of a 1996 Chevy one ton pick up box. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE HIGH BID FOR THE SALE OF A 1996 ONE TON PICK UP BOX FROM TISDALE'S GARAGE AT $1,178. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting August 19, 1996 Page 6 7. Open Mike 8.4. Al Sanudo informed the Council that he lived on Riverview Drive and questioned what protection he would have if the developer of Country Crossing petitions for sewer and water in the area. Lisa Bailey informed the Council that she is having a problem with her next door neighbor who refuses to mow their lawn. She stated ~hat she has checked with city staff and has been informed that the city cannot take any action to correct the problem. City Attorney Peter Beck indicated he would check into the matter and send a memo to the City Council regarding the city's alternatives to correct the problem. Astrid McBeath Request for Administrative Subdivision, Case No. AS 96-5 Zoning Assistant Kendra Lindahl indicated that Astrid McBeath is requesting an administrative subdivision to replat Lots 16-20, Block 2, Fifth Camp Cozy to create two lots. Kendra Lindahl reviewed the staff report on this issue. She indicated that staff is recommending approval with five conditions. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Farber indicated that he had a problem charging park dedication fees due to the fact that the land owner is replatting five lots into two lots and, therefore, not creating a new lot. Councilmember Scheel indicated she felt it was a burden to the property owners to have a canoe access. She further indicated she did not agree with charging the park dedication fee. Dana Anderson, park and recreation commission representative, indicated that the Park and Recreation Commission recommended that the canoe access be provided as it was a good ol~portunity to allow an access to the river. It was pointed out that the existing lots are not developable at this time and the replatting will improve their development potential. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST TO REPLAT LOTS 16-20, BLOCK 2, FIFTH CAMP COZY INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $550.00 SHALL BE PAID PRIOR TO RECORDING THIS REGISTERED LAND SURVEY. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 SHALL BE PAID TO THE CITY PRIOR TO RECORDING THE REGISTERED LAND SURVEY. A TEN FOOT EASEMENT ALONG OGDEN STREET NW SHALL BE GRANTED TO THE CITY PRIOR TO RECORDING THE REGISTERED LAND SURVEY. Elk River City Council Meeting August 19, 1996 Page 7 8,5. A FIVE FOOT EASEMENT ALONG EACH SIDE LOT LINE SHALL BE GRANTED TO THE CITY PRIOR TO RECORDING. THE GARAGE AND OUTHOUSE WILL NEED TO BE MOVED, AT THE HOMEOWNER'S EXPENSE, TO MEET SETBACKS WHEN OGDEN STREET NW IS IMPROVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmembers Scheel and Farber indicated that they voted in favor of the administrative subdivision, however, they wanted it on record that they are not in favor of charging park dedication fees for this situation. Ro,qer Johnson Request for Administrative Subdivision, Case No. As 96-4 City Planner Steve Ach indicated that Roger Johnson is requesting an administrative subdivision to subdivide 9.2 acres into a 3.6 acre lot and a 5.6 acre lot. He stated that the property is located at 16110 Jarvis Street NW in the City of Elk River. Steve Ach reviewed the staff report on this issue and indicated that staff is recommending approval with eight conditions. It was noted that staff's recommendation should include deleting the condition relating to park dedication since industrial property is not required to pay park dedication. 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 ADMINISTRATIVE SUBDIVISION REQUEST BY ROGER JOHNSON TO SUBDIVIDE 9.2 ACRES INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: A GRANT OF EASEMENT BE PREPARED AND EXECUTED GRANTING AN ADDITIONAL SEVEN FEET OF RIGHT-OF-WAY ALONG THE WEST SIDE OF JARVIS STREET. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $2,669.76 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. ANY WETLANDS BE DELINEATED ON THE SURVEY AND DRAINAGE AND UTILITY EASEMENTS BE IN PLACE OVER THOSE WETLANDS. o A MINIMUM 24 FOOT WIDE DRIVEWAY EASEMENT BE IN PLACE OVER THE EXISTING DRIVEWAY. o PROPER CROSS ACCESS AGREEMENTS FOR THE EXISTING DRIVEWAY BE PREPARED AND EXECUTED PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. TEN FOOT WIDE UTILITY EASEMENTS BE GRANTED ALONG EACH PROPERTY LINE. Elk River City Council Meeting August 19, 1996 Page 8 o THE EAST PROPERTY LINE OF PARCEL B BE SHIFTED TO THE EAST SO THAT THERE IS A 25 FOOT SETBACK BETWEEN THE METAL BUILDING AND THE EAST PROPERTY LINE. o THE SURVEY SHOWS THE LOCATION OF THE HOUSE AND OTHER BUILDINGS LOCATED ON PARCEL A. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Scheel indicated that she was in favor of the administrative subdivision, however, wanted it on record that she was opposed to requiring the applicant to pay the surface water management fee. 8.6. Jerry Kunza Request for Variance, Public Hearin.q Case No. V 96-8 Zoning Assistant Kendra Lindahl indicated that Jerry Kunza is requesting a variance to encroach on both the front and side yard setback requirements as well as a 20 square foot variance to the maximum allowable accessory structure area on his property located at 10213 Twin Lakes Road. Kendra Lindahl indicated that the applicant is proposing to build a 1620 square foot storage building on the property. She indicated that with the addition of two existing structures, the applicant will have 2520 square feet of accessory structure area, exceeding the allowable amount by 20 square feet. Kendra Lindahl reviewed the staff report on the request for 10 foot front yard setback and 10 foot side yard setback. She indicated that staff and Planning Commission recommend approval of the front and side yard setbacks, however recommend denial of the variance to exceed the maximum accessory structure area. Mayor Duitsman opened the public hearing. Jerry Kunza informed the Council that the surrounding property owners are not in opposition of the request to exceed the accessory structure by 20 square feet. Louise Kuester, planning commission representative, indicated that the Planning Commission recommended that the variance to the accessory structure not be granted due to the fact that there was no hardship. = There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Farber indicated that the city should allow the variance due to the minimal size of the variance. Councilmember Scheel concurred. COUNCILMEMBER FARBER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST TO ALLOW A TEN FOOT FRONT YARD AND 10 FOOT SIDE YARD SETBACK AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM ACCESSORY STRUCTURE AREA BY 20 SQUARE FEET BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: THE LITERAL ENFORCEMENT OF THE ORDINANCE SETBACK REQUIREMENTS WOULD CAUSE UNDUE HARDSHIP BECAUSE THE APPLICANT WOULD NOT BE ABLE TO MEET SETBACKS FOR THE POLE BUILDING WITHOUT ADDING A SIGNIFICANT AMOUNT OF FILL OR CUTrlNG DOWN MATURE OAK TREES. Elk River City Council Meeting August 19, 1996 Page 9 THE HARDSHIP CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT DIFFICULT TO CONTRACT A BUILDING AT THE SETBACK LINE, DUE TO THE DROP-OFF, WHICH WOULD REQUIRE EXTENSIVE FILL AND THE LOSS OF SEVERAL MATURE TREES. THE SPECIAL CONDITIONS AND CIRCUMSTANCI:S ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION, BUT RATHER A RESULT OF THE TOPOGRAPHY OF THE SITE. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. THE PROPOSED POLE BARN DOES NOT EXCEED 1620 SQUARE FEET, IN ORDER TO COMPLY WITH THE MAXIMUM ACCESSORY STRUCTURE AREA ALLOWEDIN THIS ZONING DISTRICT. THE PROPOSED POLE BARN WILL BE MOVED AS FAR SOUTH AS POSSIBLE WITHOUT REQUIRING CUTTING DOWN THE MATURE TREES LOCATED ON THE PROPERTY. THE EXISTING YARD BARN AND DOG KENNEL WILL BE MOVED TO THE REAR OF THE PROPERTY AND BOTH WILL BE REQUIRED TO MEET ALL SETBACKS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.8. Derrick Investment Company Request for Rezoninq, Case No. ZC 96-14 8.9~ Derrick Investment Company Request for Conditional Use Permit, Case No. CU 96- 19 8.10. Derrick Investment Company Request for Preliminary Plat Approval, Elk Run, Case No. P 96-9 City Planner Steve Ach indicated that the City Council is requested to consider the following applications: Rezoning of approximately 14 acres from R lc (single family residential) to PUD (Planned Unit Development) bo A preliminary plat request to subdivide approximately 17 acres into 11 single family lots and 14 townhome lots A conditional use permit request for site plan review of a proposed townhome project as a planned unit development. Steve Ach reviewed the staff report on these three applicalions. He indicated that staff is not in support of the rezoning request. Steve Ach indicated that staff would support the rezoning request if it were to include the four single family lots proposed for the southwest corner and modifications were made to the site plan to respect the natural features along the southwest portion of the property. Elk River City Council Meeting August 19, 1996 Page 10 Mayor Duitsman opened the public hearing. Roger Derrick, representing Cottage Homes, explained the concept of the townhome development. He further indicated that the developer is proposing some large single family lots in order to preserve trees. Mr. Derrick indicated his concerns regarding the curbing requirements on the driveway access points and the sewer and water looping system. Ted Hight, 11829 Highland, indicated his concern regarding the continuity of the surrounding area. He indicated he did not feel the smaller lots would fit in with the surrounding one acre lots. He further indicated his concern regarding bulldozing of trees, access to the plat from Highland Road, drainage, and lowering of his property value. Mr. Hight submitted a petition signed by 32 residents to save the trees and build Iow density on Highland Road. Jerry Lowden, 11837 193rd Avenue, indicated he was opposed to the proposal as he felt the present zoning classification is best for the area. Terry Deigen, 11809 Highland Road, indicated that he was in favor of the proposed development. He stated that most of the trees in the area are already dead and indicated he would prefer the proposed development to single family development. He further indicated that there was already multiple zoning in the surrounding area. Terry Lenz, 11829 Highland Road, indicated she would rather see one acre lots in the development in order to preserve the continuity of the' neighborhood. She further indicated she would prefer that the plat be redesigned to save more of the trees and suggested less townhomes in order to make the area less dense. She further suggested more high density screening for the area. Ellie Kretsch, 11865 193,d Avenue, indicated her concerns regarding buffering the park, saving the trees, larger lots, and lower density. She further stated that Highland Road is a dangerous street and she would prefer not to_ see the plat being accessed from Highland Road. Ellie Kretsch indicated that she was opposed to the rezoning and would prefer to see single family housing. Louise Kuester, planning commission representative, indicated that the Planning Commission did not feel that density was a major issue as they thought that single family housing would make the area more dense than townhomes. She indicated that the Planning Commission felt that the proposed development was a suitable use for the land. Dana Anderson, park and recreation commissioner, indicated that the Park and Recreation Commission's concerns consisted of pedestrian movement, the realignment of Highland Road, and a ten foot right of way for a detached trail system along Highland Road. Steve Ach indicated that staff has recommended a six foot sidewalk along Highland Road because that would be consistent with the sidewalk along Jackson Road and the sidewalk connection west of Highland Road. Elk River City Council Meeting August 19, 1996 Page 11 Earl Hohlen, indicated he was in favor of the proposed project. There being no further comments, MaYor Duitsman closed the public hearing. Councilmember Farber indicated his concern that no efforts were made to try to preserve the present woods. The Council discussed the issue of accessing the plat from another area other than Highland Road. Councilmember Holmgren indicated that he supports the proposed development. Councilmember Scheel indicated that she was in favor of the proposed development and stated that it was important for prospective developers and buyers to be aware of the Council's wishes regarding the property and development. The Council discussed several items of concern regarding the plat including irrigation, the necessity for concrete curb and gutter, the trees, the necessity of the four single family lots in the southern portion of the PUD; the water lines, drainage, and access to the plat off of Highland Road. It was the consensus of the Council that no action be taken at this meeting, but that staff discuss these issues with the developer and bring them back to the Council for further consideration. COUNClLMEMBER HOLMGREN MOVED TO POSTPONE ITEMS 8.8, 8.9., AND 8.10, TO THE SEPTEMBER 16, 1996, CITY COUNCIL MINUTES WITH THE CONSENT OF THE APPLICANT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Roger Derrick, developer, consented to extend Items 8.8., 8.9. and 8.10. to September 16, 1996. COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO PROCEED WITH A NEIGHBORHOOD MEETING AND TO BRING THE REVISED CONCEPT BACK TO THE CITY COUNCIL FOR FURTHER REVIEW ON AUGUST 26, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.11. Country Rid.qe Partnership Request for Final Plat Approval, Country Crossinq 3rd, Case No. P 94-2 City Planner Steve Ach indicated that Country Ridge Partnership is requesting final plat approval to subdivide approximately 30 acres into 46 single family lots and two outlots. He stated that the plat is located at the southwest corner of County Road 30 and Joplin Street. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-68, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING 3"D ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting August 19, 1996 Page 12 8.12. Request for Final Plat Approval by Kinqman. Builders, Case No. P 94-13 City Planner Steve Ach indicated that Kingman Building Company is requesting final plat approval for Country Crossing Townhomes 3rd Addition. The plat is located in Outlot A, Country Crossing Townhomes 2ncl Addition, south of 183rd Avenue, immediately east of Sandpiper Estates. Steve Ach indicated that the final plat request by Kingman Building Company is the last phase of a 62 unit twinhome planned unit development. Steve Ach reviewed the staff report on this issue. COUNC:ILMEMBER SC:HEEL MOVED TO ADOPT RESOLUTION 96-69, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING TOWNHOMES 3RD ADDITION, CASE NO. P 94-13. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber left the room at this time. ,8.14. City of Elk River Request for Ordinance Amendment II1 and 12 Uses), Case No. OA 96-4 City Planner Steve Ach stated that the City of Elk River is requesting to amend Section 900.08 and 900.12 of the city ordinance relating to definitions for light and heavy manufacturing and allowed uses in a light industrial, medium industrial, and highway commercial zones. Steve Ach indicated that the Planning Commission and staff have developed a list of allowable uses for the I1 and 12 zones that better differentiate between the two zones and better reflect their intended purposes. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNC:ILMEMBER DIETZ MOVED TO ADOPT ORDINANC:E 96-20, AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO DEFINITIONS, PERMITTED, ACCESSORY, AND= CONDITIONS USES IN THE I-1 AND I-2 ZONING DISTRICTS AND CONDITIONAL USES IN THE C:3 ZONING DISTRICT, CASE NO. OA 96-4. COUNC:ILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.18. Consider Resolution Orderinq Preparation of Plans and Specifications in the Matter of Joplin Street Improvement of 1996 C:OUNC:ILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-71, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE JOPLIN STREET IMPROVEMENT OF 1996. C:OUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.19. Discuss Architectural Materials on Furniture World Buildinq City Planner Steve Ach informed the Council that the Furniture World commercial building being constructed at the northwest corner of Jarvis and Highway 10 is being constructed in a C3 commercial zone. He indicated that two sides of the Elk River City Council Meeting August 19, 1996 Page 13 building will be constructed with architectural metal siding. Steve Ach indicated that currently the City Code allows for architectural metal paneling in the commercial zone, however, he suggested that the ordinance be reviewed to better define architectural metal paneling. Steve Ach recommended that the City Council authorize the Planning Commission to review this issue. COUNCILMEMBER DIETZ MOVED TO REQUEST THE PLANNING COMMISSION TO REVIEW THE CITY ORDINANCE RELATING TO EXTERIOR BUILDING FINISH SO AS TO BEI"rER DEFINE ARCHITECTURAL METAL PANELING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.20. 171 s~ Avenue/Ulysses Street Construction Bids City Engineer Terry Maurer indicated that the city received six bids for the street improvement project of 171st Avenue and Ulysses Street. He indicated that the lowest bidder was W.B. Miller, Inc., at $379,656.35. Terry Maurer recommended that the Council award the bid to the lowest bidder, W. B. Miller, Inc. COUNCILMEMBER $CHEEL MOVED TO ADOPT RESOLUTION 96-71, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE 171sT AVENUE/ULYSSES STREET IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Other Business Councilmember Scheel questioned the city attorney as to the effect the City of Eagan's case has on Elk River's park dedication fee requirements. City Attorney Peter Beck indicated that the case has no effect on the city's existing requirements for park dedication fees. Councilmember Scheel informed the Council that she is aware of a lawsuit that is being prepared against the city regarding the 10 acre moratorium. Councilmember Scheel indicated that she contacted the Minnesota League of Cities and since there was no response, she felt there were no othe¢ cities with the same problem. She indicated that by the City of Elk River placing these restrictions, the city was discriminating against property owners who are affected by the moratorium. Councilmember Farber returned at this time. 11. Staff Updates 11.1. Earl Hohlen Development - Steve Ach distributed a handout regarding the closure of Elk Terrace Mobile Home Park. Steve Ach informed the Council that the property is being prepared for development. 11.2. Weldon Schutz Development ~ Steve Ach informed the Council that the Weldon $chulz property is being considered for a residential planned unit development. Elk River City Council Meeting August 19, 1996 Page 14 12. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED ~,-0. The meeting of the Elk River City Council was adjourned at 10:15 p.m. eslgectfully submitted, s~andra Thackeray c,' ~-'-~--- City Clerk