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10-07-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 7, 1996 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren Members Absent: None Staff Present: Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building/Zoning Administrator; Steve Ach, City Planner; Kendra Lindahl, Zoning Assistant; Phil Hals, Street/Park Superintendent; Tom Zerwas, Police Chief; Peter Beck, City Attorney; Terry Maurer, City Engineer 1. Call Meetinq 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. 2. Consider Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE OCTOBER 7, 1996, CITY COUNCIL AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.3. 3.4. 3.5. 3.6. RESOLUTION 96-85 APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION ON NOVEMBER 5, 1996 - APPROVED LICENSE TO SELL CIGARETTES AT 19112 FREEPORT AVENUE (SMOKE SHOP III AT ELK PARK CENTER) - APPROVED SEPTEMBER 23, 1996, CITY COUNCIL MINUTES -APPROVED CHECK REGISTER - APPROVED DIRECT STAFF TO INITIATE AN ORDINANCE AMENDMENT TO INCLUDE GAS STATIONS/CONVENIENCE STORES AS A CONDITIONAL USE IN THE C4 ZONING DISTRICT {NEIGHBORHOOD COMMERCIAL) - APPROVED PROCLAMATION PROCLAIMING OCTOBER 14-18, 1996, AS MINNESOTA MANUFACTURERS WEEK - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Administer Oath of Office to Officer Mike Suchy Mayor Duitsman administered the Oath of Office to Police Officer Mike Suchy. Elk River City Council Meeting October 7, 1996 Page 2 4.2. 4.3. 4.4. 4.5a. Authorization to Purchase Police Vehicles Police Chief Tom Zerwas explained that the local quotes received for Ford Crown Victoria police vehicles were nearly the same as those received from the Hennepin County Cooperative Purchasing Agency. He requested that the Council approve the purchase of three 1997 Ford Crown Victoria police vehicles in the amount of $19,866 from Elk River Ford and a mid size police vehicle to be used in the investigation division from Saxon Motors in the amount of $16,421.71. The Police Chief explained that he would prefer to buy locally whenever possible. COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF THREE FORD CROWN VICTORIA POLICE VEHICLES FROM ELK RIVER FORD IN THE AMOUNT OF $19,866 EACH PLUS THE EXTENDED WARRANTY ON THE VEHICLES FOR $1,000 PER VEHICLE AND TO APPROVE THE PURCHASE OF A MID SIZED 1997 CHEVROLET LUMINA FROM SAXON MOTORS IN THE AMOUNT OF $16,421.71. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Authorization to Hire Part Time Secretary/Receptionist for Police Department COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE POLICE DEPARTMENT TO HIRE SUSAN K. STEEN AS PART TIME SECRETARY/RECEPTIONIST FOR THE POLICE DEPARTMENT BEGINNING OCTOBER 21, 1996, FROM 8 A.M. TO 1 P.M. MONDAY THROUGH FRIDAY BEGINNING AT STEP C, $8.36 PER HOUR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Authorization to Hire Part Time Clerical Intern Steve Rohlf indicated that on June 3, 1996, the City Council authorized staff to hire a clerical intern for 30 hours per week at minimum wage for the building and zoning department. He indicated that the building and zoning department has been unable to contract a clerical intern at minimum wage and requested that the Council grant authorization to hire a clerical intern at $6.50 per hour at 20 hours per week. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STEVE ROHLF TO HIRE A CLERICAL INTERN FOR THE BUILDING AND ZONING DEPARTMENT AT $6.50 PER HOUR FOR 20 HOURS PER WEEK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider City's Residential Garba.qe Contracts Zoning Assistant Kendra Lindahl indicated that the residential garbage and recycling service for Elk River residents is up for renewal on October 31, 1996. She reviewed the two options available for renewing the contract and recommended that the Council authorize staff to renew the garbage contract under Option #2 as explained in the memo to the Mayor and City Council dated October 7, 1996. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO PROCEED WITH CONTRACT NEGOTIATIONS WITH SHERBURNE COUNTY AND WITH ELK RIVER'S THREE EXISTING RESIDENTIAL HAULERS USING OPTION #2. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting October 7, 1996 Page 3 4.5b. 4.5c. 4.5d. 4.6. 4.7. 5.1a. 5.1b. 5.1c. Discuss Sherburne County Household Haz, ardous Waste Collection Day Zoning Assistant Kendra Lindahl informed the Council that the Sherburne County household hazardous waste clean up event on September 21 was a success. Code Enforcement Issues Zoning Assistant Kendra Lindahl reviewed code enforcement updates pertaining to 1996 complaints received by the zoning department. Discuss Chanqes to the Wetland Conservation Act Building and Zoning Administrator Steve Rohlf reviewed the significant changes to the Wetland Conservation Act for 1996. Gradin.q Quotes for Baseball/Softball Recreation Fields Street/Park Superintendent Phil Hals indicated that due to the busy time of year he has received only one quote for grading the Cass property, however, he expects to receive two more quotes within the week. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO REVIEW THE THREE QUOTES AND TO APPROVE THE LOW QUOTE FOR GRADING OF THE CASS FIELDS PROVIDING THAT THE QUOTE IS UNDER $25,000. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Meetin.q Date for MSF Worksession Assistant City Administrator Lori Johnson indicated that the City Administrator is requesting the Council to call a special meeting in order to hold a worksession regarding the Minnesota Sports Federation. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON THURSDAY, OCTOBER 17, AT 6 P.M. TO DISCUSS THE MINNESOTA SPORTS FEDERATION PROPOSAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Derrick Investment Preliminary Plat Derrick Investment Conditional Use Permit Derrick Investment Rezoning City Planner Steve Ach indicated that the Council is requested to reconsider the following applications: a) rezoning of approximately 15 acres from R lc to PUD; b) preliminary plat request to subdivide approximately 17 acres into 6 single family lots and 15 townhouse lots; and c) a conditional use permit request for site plan review of a proposed 60 unit senior townhouse project as a planned unit development. Steve Ach indicated that he met with the developer several times to review issues of concern which the Council had on September 16, 1996. Mayor Duitsman reopened the public hearing. Elk River City Council Meeting October 7, 1996 Page 4 Terry Lenz, 11829 Highland Road, thanked the Mayor and Council for their consideration of the project and indicated that she hoped the project was approved. Councilmember Farber indicated that the development would have a major impact on the neighborhood which would not add to the population of the schools. Councilmember Farber requested the Councilmembers to consider waiving the park and recreation fees. He stated that if the park fees were not waived, the developer could develop the property with single family lots, making the property more dense. Councilmember Scheel indicated she would also like to see the park dedication fees waived. Councilmember Scheel also stated that if the park is going to be a city park, she would like to see it designated as a park for senior citizens. Councilmember Dietz and Mayor Duitsman indicated that they were not in favor of waiving the park dedication fees as it would set a precedence which would affect other developers. Roger Derrick, developer, discussed with the Council eight issues of concern which are as follows: Request that the area assessment for sanitary sewer of $3,800 per acre be waived tot the 1.7 acres that will not be used. Eliminate tile concrete curb and gutter along the driveways within the project. Eliminate the sidewalk along Highland Road. Waive the requirement to extend the waterline along 193rd Avenue from the projects northeast corner along the cemetery to Holt Street. Authorize grading on the city park property to facilitate the construction of a driveway next to the westerly property line. Approve the preliminary plot with seven single family lots along 193rd Avenue. Authorize the payment of installation of utilities for the townhomes as part of the building permit fee. In addition, consider payment of park dedication and other development fees at time of building permit. Authorization to start grading prior to final plat recording. There being no further comments, Mayor Duitsman closed the public hearing. Discussion was held regarding Item #7. City Attorney Peter Beck indicated that staff can work with the developer to address this issue and include language in the planned unit development agreement. This issue would apply only to the townhomes. After discussion regarding these issues, it was the consensus of the Council to authorize approval of the preliminary plat including Mr. Derrick's conditions numbers 2-8, but excluding condition number 1. Elk River City Council Meeting October 7, 1996 Page 5 COUNC:ILMEMBER SC:HEEL MOVED TO APPROVE THE PRELIMINARY PLAT FOR DERRICK INVESTMENT COMPANY TO SUBDIVIDE 17 ACRES INTO 7 SINGLE FAMILY LOTS AND 15 TOWNHOUSE LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING, THE FINAL PLAT FOR RECORDING.. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT OF EACH PHASE. PAYMENT SCHEDULE SHALL BE OUTLINED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT. METHOD OF PAYMENT OF SURFACE WATER MANAGEMENT FEE TO BE OUTLINED IN THE PUD AGREEMENT. THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 ALONG 193RD AVENUE. A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. 10. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE C:iTY ENGINEER PRIOR TO COMMENCING WORK ON SITE. 11. A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW. 12. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. 13. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. 14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK SEWER AND WATER. Elk River City Council Meeting October 7, 1996 Page 6 10. '1. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW OF A 60 UNIT SENIOR TOWNHOUSE PLANNED UNIT DEVELOPMENT FOR DERRICK INVESTMENT COMPANY WITH THE FOLLOWING CONDITIONS: 1. THE REZONING. AND PLAT APPROVAL BE ACTED UPON BY THE CITY COUNCIL PRIOR TO APPROVING THE CONDITIONAL USE PERMIT. 2. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE SITE PLANS FOR APPROVAL. 3. CONCRETE CURB AND GUTTER BE PROVIDED THROUGHOUT ALL ROADWAYS THAT ARE 30 FEET WIDE. 4. A COMPLETE LANDSCAPING PLAN BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO COMMENCING WORK ON SITE. 5. THE CENTER ISLAND IN THE DRIVEWAY OFF OF JACKSON BE CUT BACK OUT OF THE RIGHT-OF-WAY. 6. ALL LANDSCAPED AREAS SHALL HAVE UNDERGROUND IRRIGATION. 7. THE TOWNHOUSE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THE FOLLOWING: · CAMBRIDGE- 970 SQ. FT. · DARTMOUTH- 1,154 SQ. FT. · DEVONSHIRE- 1,175 SQ. FT. · HEATHERTON- 1,412 SQ. FT. · EDINBOROUGH- 1,595 SQ. FT. 8. NO PARKING SIGNS SHALL BE PROVIDED THROUGHOUT THE PROJECT AS REQUIRED BY THE FIRE CHIEF. 9. A COMPLETE LIGHTING PLAN BE SUBMITTED FOR REVIEW PRIOR TO COMMENCING WORK ON SITE. DEVELOPER PROVIDE THE CITY A COPY OF DOCUMENTS SUPPORTING THE SENIOR HOUSING PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-24, GRANTING THE REZONING OF APPROXIMATELY 15 ACRES FROM RIC, SINGLE FAMILY, TO PUD, PLANNED UNIT DEVELOPMENT, FOR SENIOR HOUSING PROJECT OF 15 BUILDINGS (60 UNITS) FOR DERRICK INVESTMENT COMPANY BASED ON THE FOLLOWING CONDITIONS: THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WITH THE CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL) AND OTHER SIMILAR PROJECTS WITHIN THE CITY. Elk River City Council Meeting October 7, 1996 Page 7 2. THE PROJECT IS SERVED BY COLLECTOR STREETS ON TWO SIDES AND THE EXISTING ROADWAY SYSTEM CAN SUPPORT THE TRAFFIC THAT WILL BE GENERATED FROM THE PROPOSED PROJECT. 3. THE REZONING IS A LOGICAL TRANSITION OF LAND USE BETWEEN THE HIGHWAY COMMERCIAL IMMEDIATELY TO THE EAST, MULTI-FAMILY TO THE SOUTH AND SINGLE FAMILY RESIDENTIAL TO THE WEST AND NORTH. 4. THE AVAILABLE INFRASTRUCTURE IS SIZED ACCORDINGLY AND CAN BE EXTENDED TO SERVE THE PROPOSED PROJECT. 5. BY SAVING THE NATURAL RIDGE LINE AND MATURE TREES ON SITE, THE PROPOSED PROJECT MEETS THE INTENT OF A PLANNED UNIT DEVELOPMENT THROUGH CREATIVE DESIGN AND PRESERVATION OF NATURAL RESOURCES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike There was no one present. 7. Other Business None presented. 8. Staff Updates None presented. 9. Adjournment There being no further business, COUNClLMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7:40 p.m. Respectfully submitted, Sandra Thackeray City Clerk