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12-16-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 16, 1996 Members Present: Vice Mayor Holmgren, Councilmembers Dietz, Scheel, and Farber (5:20 p.m.) Members Absent: Mayor Duitsman Staff Present: Pat Klaers, City Administrator~ Sandra Thackeray, City Clerk; Steve Ach, City Planner; Peter Beck, City Attorney~ Scott Harlicker, Planning Assistant; Terry Maurer, City Engineeg Lori Johnson, Assistant City Administrator; Tom Zerwas, Chief of Police~ Steve Rohlf, Building and Zoning Administrator; Jeff Asfahl, Community Recreation Director Also Present: Jim Tacheny, Planning Commission Representative and Dana Anderson, Park and Recreation Commission Representative 1. 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 5:10 p.m. by Vice Mayor Holmgren. 2. Consider Council Aqenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MO~'ION. THE MOTION CARRIED 3-0. 3. Consider Concept Plan from Developers of the Weldon Schulfz Proper_t.t~ John Patten and Ed Hosek of Westwood Planning and Engineering, Homer Tomkins of Contractor Property Developers Company (CPDC) and Al Block of Town and Country Homes were present representing Weldon Schultz. John Patten indicated that Westwood Planning and Engineering are representing Weldon Schultz in the develop his land. He explained that the Weldon Schultz property is 281 acres in size and has a split zoning of Rlc and Rle. He further indicated that there are significant wetlands, vegetation, and slopes on the property. The developers reviewed the concept nf developing the property into 1/~ acre and ~ acre lots which will include single family homes and townhomes. Discussion was held regarding the use of a planned unit development to provide a mixture of density (i.e., single family and townhomes) so as to better use the land due to the amount of wetlands on the property. Discussion was held regarding the timing of extending utilities to the site. The developers indicated they are looking for Council direction as to where the utilities will go and the timeframe as to when they will be extended to the site. The developers indicated they are anxious to stad the project in 1997, and stated that without utilities the project would not be a reality. Elk River City Council Meeting December 16, 1996 Page 2 After further discussion it was the consensus that the city would take no action at this time until a utilities feasibility study is petitioned for by the property owners. The City Council recessed at 6:05 and reconvened at 6:12. 5. Consider Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.1. 5.2. 5.3. 5.4. 5.5a. 5.5b. 5.5c. 5.6. 5.7. 5.8a. 5.8b. 5.8C. 5.8d. 5.9. 5.10. HOLIDAY COMPANIES REQUEST FOR CONDITIONAL USE PERMIT TO OPERATE A MOTOR VEHICLE SERVICE STATION - POSTPONED TO 2/18/97 AMERICAN PORTABLE TELECOM REQUEST FOR REZONING ANTENNA OVERLAY DISTRICT, CASE NO. ZC 96-20 - POSTPONED TO 1/27/97 AMERICAN PORTABLE TELECOM REQUEST FOR CONDITIONAL USE PERMIT, CASE NO. CU 96-26 - POSTPONED TO 1/27/97 GOOD VALUE HOMES REQUEST FOR PRELIMINARY PLAT, CASE NO. P 96-13 - POSTPONED TO 2/18/97 11/25/96 REGULAR CITY COUNCIL MINUTES- APPROVED 11/25/96 EXECUTIVE SESSION CITY COUNCIL MINUTES - APPROVED 12/2/96 CITY COUNCIL MINUTES - APPROVED RESOLUTION 96-110 MODIFYING TAX INCREMENT FINANCING DISTRICTS NO. 6 AND 8 - APPROVED ADOPTION OF WRITTEN ACCIDENT AND INJURY REDUCTION SAFETY PROGRAM - APPROVED PAY ESTIMATE #7 TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA EXPANSION PROJECT IN THE AMOUNT OF $247,019 - APPROVED FINAL PAY ESTIMATE TO BARBAROSSA AND SONS FOR WORK COMPLETED ON THE WESTERN AREA PHASE II PROJECT IN THE AMOUNT OF $18,716.87 - APPROVED PAY ESTIMATE #9 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $156,666 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT- APPROVED PAY ESTIMATE #3 IN THE AMOUNT OF $100,536.58 FOR WORK COMPLETED ON THE 171sT AVENUE PROJECT - APPROVED AUTHORIZATION TO CHANGE RECORD ENTRY TECHNICIAN KATHY BAKKEN FROM PART TIME TO FULL TIME STATUS - APPROVED AUTHORITATION FOR THREE HOUR PARKING RESTRICTIONS ON THE FOLLOWING STREETS: IRVING AVENUE SOUTH OF SCHOOL STREET TO 6TM STREET; 8TM STREET FROM IRVING AVENUE TO JACKSON AVENUE; 7TM STREET FROM IRVING AVENUE TO JACKSON AVENUE; 6TM STREET FROM IRVING AVENUE TO JACKSON AVENUE; JACKSON AVENUE FROM 6T" STREET TO SCHOOL STREET - APPROVED CHECK REGISTER - APPROVED COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Consider 1997 Municipal Budqet and Tax Levy Resolution City Administrator Pat Klaers informed the Council that on November 25, 1996, the City Council balanced the proposed 1997 budget in the amount of $4,535,850 which reflects a $441,100 increase over the adopted 1996 budget. The City Administrator indicated that the net tax levy for 1997 is proposed in the amount of Elk River City Council Meeting December 16, 1996 Page 3 $2,986,809. The proposed net levy is $389,370 more than the adopted 1996 net levy. He further stated that the gross levy proposal is $3,570,055. The City Administrator informed the Council that the Truth in Taxation public hearing was held on December 2, 1996. The City Administrator explained that originally the tax rate increase was projected to be 3.1 percent. He further stated that the net tax capacity will increase by 11 percent rather than the anticipated 12 percent 'which will cause a 3.9 percent increase in the city tax rate. Councilmember Dietz indicated that he is not willing to increase the city's tax rate more than 3.1 percent because mailed notices were sent to residents indicating a 3.1 percent increase. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-111, A RESOLUTION AUTHORIZING THE FINAL TAX LEVY FOR CALENDAR YEAR 1997. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator advised the Council that a 3.1 percent increase in the city tax rate means that $25,500 worth of reductions in the tax levy will have to be made. The City Administrator stated that the budget will be adjusted to add revenues from the cash flow reserves. Councilmember Farber suggested staggering some of the proposed hirings to make up this amount. 7.1. 7.2. 7.3. Mechanic Position for Street Department The City Administrator stated that the Street Superintendent is requesting the addition of a mechanic position for the street department in 1997. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO ADVERTISE FOR A MECHANIC POSITION FOR THE STREET DEPARTMENT FOR 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Community Recreation Board Update Community Recreation Director Jeff Asfahl updated the City Council on recent Community Recreation Board activities. His update included youth initiatives, area programming, and regional planning for recreational development. Utilities Commission Update Councilmember Dietz updated the Council on the December 10 Elk River Utilities Commission meeting. His update included the following issues: electric rate study, water rate study, contract agreement with Anoka Electric, 1997 budget, and employee compensation. Review 1996 Budqet Amendments Assistant City Administrator Lori Johnson distributed the 1996 budget amendment summary for Council review. Loft Johnson reviewed the 1996 amendments including the revenues, expenditures, and encumbrances. Elk River Cit.v Council Meeting December 16, 1996 Page 4 COUNCILMEMBER DIETZ MOVED TO APPROVE THE 1996 BUDGET AMENDMENTS AND ENCUMBRANCES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Snowmobile Ordinance Amendments The City Clerk distributed an E-mail message submitted to the City from Mark and Barbara Lovell of 11783 191st Avenue NW in favor of the proposed snowmobile ordinance amendment. The City Clerk further indicated that the City received a letter in favor of the proposed ordinance amendment from Mr. Ken and Julie Case of 12951Meadowvale Road. (Both letters have been made part of the official council minutes). Police Chief Tom Zerwas reviewed the proposed amendments to the snowmobile ordinance. He explained that one amendments relates to restrictions in the urban service area and the other amendment pertains to restrictions city wide. The Police Chief indicated that the City has received several complaints regarding snowmobilers riding on lawns and boulevard areas and destroying grass and driveways. He further stated that the proposed snowmobile ordinance would not allow snowmobilers to ride on boulevards. Police Chief Zerwas indicated that the City has received comments both in opposition and in support of the proposed ordinance. The Chief suggested that the Park and Recreation Commission research the possibility of a snowmobile trail within the City of Elk River to allow snowmobilers to get from point-to-point. Councilmember Scheel indicated her concern that the ordinance should be city wide so as to protect the residents in the rural areas. Councilmember Farber indicated his concern regarding enforcement of the ordinance. Discussion was held on whether or not to include the county road rights-of-way. It was the consensus of the Council to include the county roads and to inform the county of the City's ordinance. Ken Case indicated his concern about snowmobiles ruining his driveway and lawn. He indicated he is in favor of the ordinance being adopted. Barb Lovell, 11783 191 st Avenue, indicated that she does not appreciate snowmobilers driving on her boulevard and driveway. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-32, AN ORDINANCE AMENDING SECTION 1104 OF THE CITY CODE OF ORDINANCES BY REGULATING THE USE OF SNOWMOBILES ON PUBLIC STREETS WITHIN THE URBAN SERVICE AREA OF THE CITY OF ELK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Scheel opposed. Councilmember Farber indicated that the police department should look into the possibility of leasing or purchasing a snowmobile to enforce this ordinance. Chief Zerwas suggested looking into the possibility of paying a police officer for the use of a personal snowmobile to enforce the ordinance. Elk River CiW Council Meeting December 16, 1996 Page 5 It was the consensus of the Council to authorize the Police Chief to look into the possibility of leasing, purchasing, or using an officers personal snowmobile for enforcemenf of ordinance. 7.5. Consider Revision to No Huntinq Zone 7.6. 7.7, 7.8. Police Chief Tom Zerwas informed the Council that Cargill has requested that all of its property on the southeastern edge of Elk River be included in the No Hunting Zone. The Police Chief indicated that the elimination of Cargill's property from the hunting area, leaves the remaining open hunting area around Cargill's property unsafe for the discharge firearms. The Police Chief presented a map marked with areas in yellow which he feels are areas of concern and that may be unsafe for the discharge of firearms. The Police Chief suggested that that the police department and park and recreation commission review the City's hunting areas and make a presentation to the Council in 1997. COUNCILMEMBER FARBER MOVED TO APPROVE THE NO HUNTING ZONE ON CARGILL NUTRITION CENTER PROPERTY. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Portable Defibrillators for Police Vehicles Police Chief Zerwas requested authorization to review the possibility of purchasing three defibrillators to enhance the police department's response to medicals involving cardiac arrest. The estimated cost for a defibrillator is $5,000. COUNClLMEMBER SCHEEL MOVED TO AUTHORIZE THE POLICE CHIEF TO PROCEED IN INVESTIGATING THE COST OF THE DEFIBRILLATORS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Ga.qne/Deziel Land Gift City Administrator Pat Klaers informed the Council that the environmental audit has been completed on the 48 acre gift of land from Mr. and Mrs. Gagne and Mr. Deziel. He indicated that the environmental audit did not raise any issues which would prohibit the City from accepting the land gift and recommended that the city proceed with accepting the environmental Phase I Audit. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE ENVIRONMENTAL PHASE I AUDIT FOR THE GAGNE/DEZIEL PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Board and Commission Interviews City Clerk Sandra Thackeray indicated that the Council will be interviewing board and commission applicants on January 6. She indicated that several applications have been received for these vacancies. The City Clerk stated that she is seeking Council direction as to who should be interviewed. It was the consensus of the Council not to interview Park and Recreation Commission applicants, Utilities Commission applicants, and HRA applicants. It was further the consensus of the Council to set up interviews for the Library Board, Planning Commission, and Ice Arena Commission applicants Elk River City Council Meeting December 16, 1996 Page 6 7.9. Beaver Control Steve Rohlf reviewed the draft Beaver Control policy to prevent beavers from causing drainage problems in the City. COUNCILMEMBER FARBER MOVED TO APPROVE THE BEAVER CONTROL POLICY AS PRESENTED BY STEVE ROHLF, BUILDING AND ZONING ADMINISTRATOR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. ,Open Mike Eleanor Todahl, Angel Ridge Apartments, indicated concerns she had regarding the length of the traffic light on Highway 169 and Main Street. Bob Galitz indicated he concurred with Ms. Todahl in that the signal on Highway 169 and Main Street was short at certain time periods during the day. 7.10. Consider Order to Clean Up Charest Property Steve Rohlf reviewed the situation regarding staff's efforts to work with James and Kirt Charest to clean up their property located on east Highway 169. Steve Rohlf informed the Council that on October 30, 1996, James and Kirt Charest were issued an order under the hazardous property state statute to clean up the property in 30 days. Steve Rohlf indicated that following an inspection by himself and the city attorney on December 3 it was found that the clean up of the property was unacceptable. Steve Rohlf recommended that the city seek a court judgment to get the property cleaned up. Kirt Charest indicated that he is in the process of cleaning up the property. He indicated that he has removed some cars and vans, however the weather has been a hindrance in the process. The Council concurred that the weather is a hindrance at this point, however, to ensure that the property is cleaned up a court judgment should be obtained. COUNCILMEMBER DIETZ MOVED TO SEEK A COURT JUDGEMENT TO CLEAN UP THE JAMES AND KIRT CHAREST PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.1. Preliminary Plat Request by the City of Elk River IParkview Addition), Public Hearinq Case No. P 96-12 City Planner Steve Ach stated that the City of Elk River is requesting to subdivide 115 acres into six single family lots and one outiot. He stated that the property is located at the southwest corner of 165th Avenue and Jarvis Street. The City Planner explained that the city purchased the property for the purpose of developing the northern portion of Outlot A into recreational fields and using the southern half to spread sludge generated from the city treatment facility. He stated that the city decided to plat a portion of the property into residential lots to help finance the development of the park. Steve Ach reviewed the staff memo on this request. Planning Commission Representative James Tacheny Elk River City Council Meeting December 16, 1996 Page 7 inaicated that the Planning Commission recommended approval with seven conditions. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNClLMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY THE CITY OF ELK RIVER FOR PARKVIEW ADDITION TO SUBDIVIDE 115 ACRES INTO SIX SINGLE FAMILY LOTS AND ONE OUTLOT WITH THE FOLLOWING CONDITIONS: THE WESTERLY LOT LINE OF LOT 6 BE ADJUSTED TO CONINCIDE WITH THE DITCH THAT BISECTS THE LOT. SHARED DRIVEWAYS BE UTILIZED WHEREVER POSSIBLE TO MINIMIZE THE ACCESS POINTS ONTO 165TM AVENUE. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCORPORATED AS PART OF THE PLAT. A DISCLOSURE DOCUMENT BE PREPARED AND INCLUDED ALONG WITH THE SALE OF EACH PARCEL. 5. APPROPRIATE DEVELOPMENT FEES BE PAID AT THE TIME OF FINAL PLAT. o PRIOR TO ISSUANCE OF BUILDIhlG PERMITS, PRECOLATION TEST AND SOIL BORINGS BE PROVIDED TO THE CITY TO DETERMINE APPROPRIATE BUILDING ELEVATIONS. WETLAND MITIGATION ON LOT 6 BE COMPLETED BEFORE THE SALE OF THE LOT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Scheel opposed. Councilmember Scheel was opposed because she did not feel the city should be in competition with developers. 9.2./9.3. DJ's Total Home Care Center Request for Variance and Conditional Use Permit, Public Hearinq Case Nos. V 96-9 and CU 96-12 Planning Assistant Scott Harlicker indicated that DJ's Total Home Core Center is requesting a conditional use permit for a second principal structure to be used as a storage building and a variance for parking setbacks to allow a driveway within ten feet of the west property line. The propedy is located at 9940 Highway 10. Scott Harlicker reviewed staff issues regarding the variance and conditional use permit requests. Scott Harlicker indicated that the applicant is requesting a variance to allow a one foot setback from the west property line for the driveway that provides access to the rear of the lot. Vice Mayor Holmgren opened the public hearing. Don Savitski of DJ's Total Home Care Center indicated his concern regarding the Planning Commission's recommendation for a five foot variance. He indicated that he is requesting a nine foot variance allowing one foot of grass between the pavement and west property line because he feels the narrowness of the lot and Elk River City Council Meeting December 16, 1996 Page 8 topography make access fo the rear difficult. He further indicated that it would be nearly impossible to plow snow with any more than one foot of grass. There being no further comments, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SC:HEEL MOVED TO APPROVE A NINE FOOT VARIANCE TO ALLOW PAVEMENT WITHIN ONE FOOT OF THE WEST PROPERTY LINE ALONG THE WEST SIDE OF THE EXISTING BUILDING BASED ON THE FOLLOWING FINDINGS: THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT BECAUSE THE ONLY REASONABLE ACCESS TO THE REAR OF THE LONG NARROW LOT IS ALONG THE WEST SIDE OF THE EXISTING BUILDING. IN ORDER TO PROVIDE THE NECESSARY ACCESS, THE PAVEMEN'I' WILL HAVE TO BE WITHIN 1-0 FEET OF THE WEST PROPERTY LINE ADJACENT TO THE EXISTING BUILDING. THE SPECIAL CONDITIONS WHICH ARE PECULIAR TO THIS PROPERTY IS ITS LONG NARROW DIMENSIONS AND THE STEEP SLOPE DOWN TO THE REAR OF THE LOT. LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT PROPERTY RIGHTS ENJOYED BY OTHER F'ROPERTIES IN THE NEIGHBORHOOD. THEkE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTIONS IN THAT THE LOCATION OF THE BUILDING, SHAPE OF THE LOT, AND TOPOGRAPHY WERE NOT A RESULT OF ANY ACTIONS MADE BY THE APPLICANT. THE GRANTING OF THIS VARIA~'~CE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE NEIGHBORHOOD PROVIDED DRAINAGE IS CONTROLLED BY CURBING AND AT LEAST 1 FOOT OF GRASS BETWEEN THE PAVEMENT AND THE WEST PROPERTY LINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO CONSTRUCT A SECOND BUILDING ON THE SITE TO BE USED AS A WAREHOUSE WITH THE FOLLOWING CONDITIONS: THERE SHALL BE NO PAVEMENT WITHIN 10 FEET OF ANY PROPERTY LINE WITH THE EXCEPTION OF THE AREA TO THE WEST OF THE EXISTING BUIDING WHERE PAVEMENT WILL BE ALLOWED WITHIN 1 FOOT OF THE PROPERTY LINE. 2. SIGNAGE SHALL BE MADE TO COMPLY WITH THE SIGN ORDINANCE. THE SEMI-TRAILER CURRENTLY PARKED ON SITE AND USED AS STORAGE SHALL BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 4. NO OUTDOOR STORAGE WILL BE ALLOWED. Elk River City Council Meeting December 16, 1996 9.4. 9.5. Page 9 REVISED SITE PLAN INCORPORATING ALL THE CONDITIONS OF APPROVAL BE PROVIDED FOR STAFF REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. THE GRADING AND DRAINAGE PLAN SHALL BE REVISED TO ADDRESS THE CONCERNS OF THE CITY ENGINEER. o ANY OUTSTANDING FEES OR ENGINEERING BILLS SHALL BE PAID PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Preliminary and Final Plat Request for Pat Heying City Planner Steve Ach indicated that this application has been postponed by the Council at previous meetings due to concerns that staff has raised regarding the proposed development. Steve Ach indicated that the developers have requested to give the Council a brief overview of the project. Steve Ach reviewed the issues staff has raised with the developer. Councilmember Dietz stated his main concern is people making a left turn onto Freeport and moving into two lanes of traffic. He indicated he felt that the first entrance should be as far north as possible. Councilmember Holmgren indicated he felt there should be one major entrance with four lanes of traffic; two to the right and two to the left. John Bogart of John Oliver and Associates briefly reviewed the project and indicated that he is requesting general thoughts from the Council on the project. Request for Preliminary and Final Plat Approval for Fox Haven by Tom and Sara Hartman, Public Hearinq Case No. P 96-14 City Planner Steve Ach indicated that Tom and Sara Hartman are requesting preliminary plat review for Fox Haven Commercial, subdividing 4.5 acres into 3 commercial lots. Steve Ach further indicated that the Hartmans are also requesting final plat approval of Fox Haven Commercial. He indicated that the project is located at the northwest corner of US Highway 10 and the new Joplin Street/Service Road alignment. Steve Ach reviewed the staff report on this issue. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY TOM AND SARA HARTMAN FOR FOX HAVEN COMMERCIAL TO SUBDIVIDE APPROXIMATELY FOUR ACRES INTO THREE COMMERCIAL LOTS WITH THE FOLLOWING CONDITIONS: RECOMMENDATIONS FROM TERRY MAURER'S MEMO DATED 12/12/96 BE INCORPORATED INTO THE PRELIMINARY AND FINAL PLAT. THE APPROPRIATE STREET NAME BE IDENTIFIED FOR THE NORTH FRONTAGE ROAD AND INCORPORATED ON THE FINAL PLAT. Elk River City Council Meeting December 16, 1996 Page 10 9.6. ACCESS TO US HIGHWAY 10 FROM ANY OF THE THREE LOTS IN THE PLAT SHALL BE PROHIBITED. THE EXISTING STRUCTURES ON LOT 2 BE REMOVED PRIOR TO ANY DEVELOPMENT OF THIS SITE. ANY EXISTING WELLS ON SITE BE CAPPED AND EXISTING SEPTIC SYSTEMS BE PUMPED, FILLED WITH SAND AND/OR APPROPRIATELY REMOVED. A STORM DRAINAGE POND DESIGNED AND SIZED ACCORDINGLY BE PROVIDED TO ACCOMMODATE THE DEVELOPMENT OF THE PROPOSED PLAT. STORM DRAINAGE CALCULATIONS SHALL BE PROVIDED FOR THE CITY ENGINEER TO REVIEW AND APPROVE PRIOR TO RECORDING THE PLAT. o PARK DEDICATION IN THE AMOUNT OF $7,000 BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $2,966.40 BE PAID TO THE CITY PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $900 BE PAID TO ELK RIVER UTILITIES PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. 10. THE PRIMARY ACCESS TO LOTS 2 AND 3 BE LOCATED ALONG THE COMMON LOT LINE WITH ANY OTHER ACCESS POINTS REVIEWED AT THE TIME OF A SPECIFIC DEVELOPMENT PROPOSALS. 11. THE EXISTING TREES ON SITE BE SAVED AND INCGRPORATED WITH FUTURE DEVELOPMENT PROPOSALS. 12. THE RECORDED EASEMENT ALONG HIGHWAY 10 PROVIDING ACCESS TO THE GUARDIAN ANGEL'S PROPERTY BE VACATED PRIOR TO THE FINAL PLAT BEING RECORDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-112, A RESOLUTION GRANTING FINAL PLAT FOR FOX HAVEN COMMERCIAL, CASE NO. P 96-14. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. City of Elk River Request for Ordinance Amendment, Public Hearin.q Case No. OA 96-16 Assistant Planner Scott Harlicker indicated that the City of Elk River is requesting to amend the zoning code to make hotels/motels and Class I restaurants a conditional use in the C3/Highway Commercial district. Scott Harlicker explained that a conditional use permit is intended to allow input from the City Council, Planning Commission, and public prior to the issuance of a building permit. Vice Mayor Holmgren opened the public hearing. Elk River City Council Meeting December 16, 1996 Page 11 Scott Harlicker indicated that Paul Bell was present at the Planning Commission meeting and indicated his opposition to the ordinance amendment. There being no comments from the public, Vice Mayor Holmgren closed the public hearing. It was noted that the proposed ordinance amendment was not attached to the memo for Council review. COUNCILMEMBER SCHEEL MOVED TO POSTPONE DISCUSSION ON THIS ISSUE TO JANUARY 21 TO ALLOW THE COUNCIL TIME TO REVIEW THE PROPOSED ORDINANCE AMENDMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.7. Discuss 193rd Avenue between Proctor Road and County Road 1 City Planner Steve Ach indicated that the city has received an application for a preliminary plat request of the 38 acres in the northwest corner of 193rd and Proctor Avenue. He indicated that with the submittal of this application it has become apparent that the future of 193rd needs to be determined in order to design and review the plat. He indicated that it must be determined whether the street should be left in place or closed and converted to a pedestrian corridor as previously discussed. It was indicated to the Council that a property owner south of 193,d expressed concern with the proposed closing of 193rd Avenue. The property owner suggested that there is developable property south of 193~d and doesn't want to have access "cut-off" by closing 193,d. Steve Ach indicated that staff will review the developable possibilities south of 193rd before making a recommendation. Councilmembers Dietz and Farber indicated that they would prefer to see the road closed. Councilmember Dietz suggested making it into a trail to connect to the railroad trail. Councilmember Holmgren indicated that he would be interested in what the county has to say about the issue. Councilmember Scheel indicated she would like to see the road left open. No action was taken regarding the future of 193rd Avenue, however, it was the consensus to continue to explore options for the future of 193rd. 9.8. Update on Status of Street and Development Projects CSAH 1 Pedestrian Crossinq - City Engineer Terry Maurer indicated that due to the reconstruction of County State Aid Highway No. 1 for 1997, the pedestrian crossing of the county road at the railroad trail location has also been discussed. Terry Maurer reviewed the options which include a pedestrian underpass and a pedestrian overpass. City Engineer Terry Maurer indicated that the police chief is strongly opposed to an underpass. Terry Maurer reviewed the estimated costs for both an overpass and an underpass and indicated that both pedestrian crossings would be feasible. It was the consensus of the Council that a pedestrian Elk River City Council Meeting December 16, 1996 Page 12 underpass for County State Aid Highway 1 was not an option and the Council concurred with County Roads 77 and 1 alternative. Hi.qhwa¥ 169 Pedestrian Crossinq o City Engineer Terry Maurer informed the Council that the pedestrian crossing test at the intersection of School Slreet and TH 169 was conducted on November 27~h with MnDOT and three different groups of people. He indicated that after the tests were completed it was the consensus of the citizens in attendance and MnDOT personnel that there was adequa'e time to cross the highway. Terry Maurer further informed the Council that he has scheduled a meeting with MnDOT to discuss the process the city should undertake for a fencing and/or lighting improvement project dong TH 169. Terry Maurer indicated that MnDOT has stated that they would like public participation in this project. It was the consensus to have Terry Maurer set up a public participation program for the Highway 169 project. Terry Maurer further indicated that he would be making application to MnDOT for a locally petitioned project to allow for partial funding of the proposed Highway 169 project. COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ENGINEER TO START THE PUBLIC PARTICIPATION PROCESS FOR THE HIGHWAY 169 PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE CITY ENGINEER TO BEGIN THE PROCESS OF HAVING THE FENCE AND LIGHTS ON HIGHWAY 169 BE A LOCAL INITIATED PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Park and Recreation Commission representative Dana Anderson indicated the Commission's concern regarding the linking the railroad trail from the south to the north. He stated the Park and Recreation Commission felt that moving the crossing to a controlled stop light at Proctor Avenue would be an acceo~,able option, but a detached trail north of County Road 1 from County Road 77 was necessary. City Engineer Terry Maurer proceeded to update the Council on the following engineering projects: 1. Joplin/185th 2. 171 st Avenue 3. Hillside Crossing II 4. Hillside Estates 5th 5. Country Crossing III 6. Country Crossing Townhomes III 7. LaFayette Woods 8. Nordic Woods 9. Ridgewood Hills 10. Renner Addition 11. Mississippi Oaks 2nd 12. Pheasant Run 13. Cottage Homesteads 14. Menards 15. LeFebvre Elk River City Council Meeting December 16, 1996 Page 13 9.9. Update on Elk: Terrace Mobile Home Park: City Planner Steve Ach informed the Council that the continued public hearing for the proposed closure of the Elk: Terrace Mobile Home Park: will be held on January 21st. Steve Ach proceeded to update the Council on the progress of the park closure. Several homeowners of the Elk: Terrace Mobile Home Park: were present and voiced their concerns about not being able to set up an appointment to negotiate with Earl Hohlen. A concern was raised by one of the mobile home park residents about using the appraised value of the mobile home versus the assessed value. 10. Other Business 10.1. Consider City Council Meeting Dates COUNCILMEMBER FARBER MOVED TO CANCEL THE DECEMBER 23, 1996, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON FEBRUARY 18, 1997, TO DISCUSS GENERAL COUNCIL BUSINESS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the Council that the January 6, 1997, City Council meeting begin at 6 p.m. The City Administrator indicated that he would contact Sherburne County Commissioners to try to set a joint meeting with Sherburne County and City Council on January 27th. 11. Staff Updates There were no staff updates. 12. Adjournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council was adjourned at 9:20 p.m. Respectfully submitted, Sandra Thackeray City Clerk