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05-21-2001 CC MINI"IEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL PIONDAY, PlAY 2 I, 2001 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Director of Planning M/chele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, Street/Park Superintendent Phil Hals, Recording Secretary Tina Allard Call Meedng To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:05 p.m. by Mayor I<2inzing. Consider 5/21/2001 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda Councilmember Motin stated that under Staff Updates, Item 7.1. in the May 14, 2001, Council Minutes, it should state that Councilmember Motin volunteered to be on the city hall expansion committee and not Councilmember Tveite. Councilmember Motin questioned why the funds for the purchase of the roadside mower under Item 3.6, would come from the Council Contingency Fund. City Administrator Pat Klaers stated that the mower was originally supposed to be purchased at the end of 2000 and Council had authorized some of the year end fund balance for this expenditure but the purchase did not take place. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 5/14/2001 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED GENERAL PLANNING PERMIT TO FURNITURE AND THINGS FOR TEMPORARY TENT SALES - APPROVED City Council Minutes May 21,2001 3.4. 3.5. 3.6. 3.7. 3.8. Page 2 GENERAL PLANNING PERMIT FOR TEMPORARY DISPLAY OF LAWN AND GARDEN MERCHANDISE BY WAL-MART - APPROVED REQUEST BY BRIAN BRUESKE/DICK HETLAND FOR ORDINANCE AMENDMENT TO ALLOW DEVELOPMENT OF PROPERTY WITHIN THE URBAN SERVICE DISTRICT PRIOR TO SEWER AND WATER AVAILABILITY, CASE NO. OA 01-04 - WITHDRAWN REQUEST TO PURCHASE A JOHN DEERE 6410 4X4 TRACTOR AND A NEW DIAMOND BOOM MOWER IN THE AMOUNT OF $50,055, INCLUDING SALES TAX WITH FUNDS FROM THE COUNCIL CONTINGENCY FUND- APPROVED REQUEST TO INCREASE SUMMER EMPLOYEE WAGES AND TO HIRE FOUR SUMMER WORKERS AT $8.44 PER HOUR - APPROVED REQUEST BY ELK RIVER LIONS FOR TEMPORARY BEER LICENSE FOR JUNE 3, 2001 AT THE SHERBURNE COUNTY FAIRGROUNDS - APPROVED COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Utilities Commission Update Councilmember John Dietz mentioned that the Elk River Utilities were in the process of reviewing a water tower site purchase agreement. Councilmember Dietz stated that earlier in the year the linemen had received a 4.4% cost of living increase and at the last meeting the rest of the employees received a 3.5% increase. 4.2. Community. Recreation Update Councilmember Paul Motin noted that summer registration was up significantly. 4.3. Proclamation - Carol Mills Retirement from Guardian Angels MAYOR KLINZING MOVED TO PROCLAIM JUNE 10. THROUGH JUNE 16, 2001, AS CAROL MILLS WEEK. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5~0. 4.4. Request to Hire Clayton Talbot as a Building Inspector City Administrator Pat Irdaers discussed Clayton Talbot's previous experience as an inspector. COUNCILMEMBER TVEITE MOVED TO APPROVE THE HIRING OF CLAYTON TALBOT AS A BUILDING INSPECTOR STARTING JUNE 4, 2001, AT PAY GRADE 13, STEP B ($17.77/HR.), WITH A NORMAL COST OF LIVING INCREASE IN JANUARY 2002 AND HIS FIRST STEP Ci~ Council Minutes Page 3 May 21, 2001 INCREASE IN JULY 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Request to Approve Resolution for the Exercise of Powers Under Minnesota Statutes, Chapter 453 Respecting a Certain Electric Power Generation Project This item was withdrawn from the agenda. 4.6. Northstar Corridor Update Senior Planner Scott Harlicker stated that the transfer of responsibilities and reorganization with MnDOT is progressing forward. He stated that the NCDA is considering the Cargill South site for the location of a maintenance facility. Mr. Harlicker discussed the proposed architectural design and construction materials for the facility. Councilmember Tveite questioned Whether this facility would be taxable and how many employees would be hired. Councilmember Tveite stated that he was concerned about the loss of 28 acres of Industrial zoned property for this maintenance facility. Councilmember Dietz questioned how the city's agreement with Cargill would be affected. City Administrator Pat Klaers stated that the agreement would not be affected. Mr. Klaers stated that the city does not support this location for the facility and the city has previously stated that it would not use its power of eminent domain to assist the NCDA. The use of this site for the maintenance facility could reduce the amount of land the city obtains for Business Park uses. · Approve Memorandum of Understanding (MOU) with MnDOT Director of Planning Michele McPherson stated that staff had a number of concerns regarding the utilization of the multi-modal site with MnDOT. She stated that the MOU outlines the expectations that the city has with MnDOT. Councilmember Motin questioned if Item 3 was necessary in the MOU as it stated that MnDOT could still do whatever it wanted with the facility if commuter rail failed. Councilmember Tveite noted that the MOU is non- binding and has no enforceability. · Approve Easement for MnDOT Multi-Modal Facility, City Engineer Terry Maurer stated that MnDOT would like to acquire an easement from the City. He stated that the easement would be for the purpose of draining storm water from a pond located on MnDOT property to a city ditch. COUNCILMEMBER DIETZ MOVED TO APPROVE A MULTI-MODAL SITE MEMORANDUM OF UNDERSTANDING BETWEEN THE City Council Minutes Page 4 May 21, 2001 MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELK RIVER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01- 28 GRANTING AN EASEMENT LOCATED NORTH OF THE 173RD RIGHT OF WAY TO MNDOT FOR THE PURPOSE OF DISCHARGING STORM WATER FROM THE POND LOCATED ON THEIR SITE TO A DITCH LOCATED ON CITY PROPERTY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01- 29 AUTHORIZING THE CITY OF ELK RIVER TO ENTER INTO AN OFFER TO SELL AND MEMORANDUM OF CONDITIONS AGREEMENT WITH MNDOT. COUNCILMEMBER TVEITE SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO STATE THAT TITLE TO SAID EASEMENT RIGHTS (NOT REAL ESTATE) SHALL PASS TO THE STATE OF MINNESOTA AS OF THE DATE OF SAID ACCEPTANCE SUBJECT TO CONDITIONS HEREINAFTER STATED. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 5-0. 4.7. Request by MnDOT for Municipal Approval 169/33 Director of Planning Michele McPherson stated that MnDOT has decided Highway 169 and County Road 33 should receive a diamond shaped interchange that includes an east frontage road connecting County Roads 33 and 21. Ms. McPherson stated that a west frontage road had also been proposed but has since been withdrawn by MnDOT. Roger Risser, MnDOT Representative - Presented a drawing of the diamond interchange and stated that MnDOT would like municipal approval of the project. John Plaisted - Stated that he does not want to see the resolution for municipal approval passed because MnDOT hasn't been straightforward about the proposed west service road. Marv Thibodeau, 11412 Brook Road - Stated that he would like MnDOT to consider putting a stop sign and a tee on the east service road (near County Road 21) rather than a curve. He also stated that he didn't like it that residents weren't asked to have more involvement and input into this project. Dale Casset, Corner of Highway 169 and County Road 21 - Stated the curve proposed to go across his property was unsafe and questioned why MnDOT didn't City Council Minutes Page 5 May 21, 2001 have it continue straight and end at a tee. He believed the tee would be a better solution so that if the service road were to be extended to the north in the future the roads would line up. Mr. Casset felt that the traffic on County Road 21 would be less because of the new County Road 33 interchange. He was concerned about the damage to his septic system and the safety of the daycare cNldren at his home. Mr. Kisser stated that MnDOT didn't design a tee into the plan because it would be unsafe and there would be too many vehicles coming up to a busy stop sign. Steve LaTour, 11063 207th Avenue - Stated that he was upset about the proposed curve onto County Road 21 and he would prefer to see a tee. Kurt Eastland, MnDOT representative - Discussed the Highway 169 two-year corridor study that MnDOT was conducting between Highway 94 up to Garrison. City Engineer Terry Maurer stated that most engineers would prefer to see a curve rather than a tee in this type of situation because most people will not come to a complete stop at a stop sign and they will tend to cut the corner. Mayor IClinzing stated that this project is important to the city because it will eliminate a majority of the serious accidents that happen at Highway 169 and County Road 33. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01- 30 FOR LAYOUT APPROVAL OF TRUNK HIGHWAY NO. 169 AND COUNTY ROAD 33 INTERCHANGE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Park and Recreation Commission Update Director of Planning Michele McPherson reviewed the realignment options for the driveway of the people liv/ng adjacent to Hillside City Park. City Engineer Terry Maurer discussed the conclusions reached during a meeting on site with the County and property owners on May 16, 2001. Carl Schaap, 10596 181stAvenue - Stated that he would like the driveway access to be safe with a ten percent grade or less. He is concerned about being involved in an easement agreement with government. Bob Mueller, BLAST Mountain Bike Representative - Stated that the BLAST have put in over 2000 hours in building the bike trails in the park. He was concerned about a stand of white oak and Ironwood trees that he didn't want to see destroyed. COUNCILMEMBER DIETZ MOVED TO APPROVE THE DRIVEWAY EASEMENT ORIGINALLY DESIGNED BY THE COUNTY EXHIBITED ON SHEET 19 OF 58 IN THE PLAN BOOK. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 6 May 21, 2001 Ms. McPherson gave Park and Recreation updates concerning Lincoln Elementary playground, Kliever Lake Fields, and the Devine Barn Improvement Plan. Ms. McPherson stated that the Rotary requested funds from the Park and Recreation Commission for making improvements to the Handke Stadium. She stated that the school district would be contributing $10,000. COUNCILMEMBER DIETZ MOVED TO CONCUR WITH THE PARK AND RECREATION COMMISSION TO PROVIDE $5,000 FROM THE PARK AND RECREATION EQUIPMENT RESERVE FOR THE HANDKE STADIUM RENOVATION PROJECT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson stated that the commission has been working on a budget for the Devine Barn Improvement project. COUNCILMEMBER KUESTER MOVED TO CONCUR WITH THE PARK AND RECREATION COMMISSION'S RECOMMENDATION TO MAKE IMPROVEMENTS TO THE DEVINE BARN IN THE AMOUNT OF $31,150 USING PARK DEDICATION FUNDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Heidi Lindner, 13536 196th Avenue - Requested the city to do mosquito control. She stated that she checked with the Metropolitan Mosquito Control Council and learned from them that Sherburne County has not requested any assistance. Ms. Lindner noted that the County would be discussing this issue at their next meeting. Ms. Lindner stated that the Metropolitan Council levy for mosquito control is about four dollars per household. Council requested staff to do some research on what the city could do regarding mosquito control and to report back as soon as possible. Diane McGarthwaite, Westwood Subdivision - Stated that city sewer was installed on April of 1994 and that since Christmas of 1996 she has had problems with her sewer backing up into her house. She contacted Mirmegasco and they cleaned out the sewer line but then Ms. McGarthwaite continued to have sewer backup problems about every eight to ten months after that. She stated that she has not had any sewer service since April 2001. Ms. McGarthwaite stated that Minnegasco came out twice to put a camera through her sewer line to determine where the problem was occurring. Minnegasco determine the break to be at the city sewer extension and Ms. McGarthwaite would like the city to cover the cost for repairs as the line was approximately two years old at the time the first problems started to occur and she believes their should be some type of warranty on the sewer extension. Ms. McGarthwaite submitted a videotape for Council to review. City Council Minutes Page 7 May 21, 2001 City Engineer Terry Maurer stated that a lot of work was done in the Right of Way in 1996 and the city does not have record of which contractors did work in the area. Mr. Maurer reviewed the city ordinance regarding service line responsibilities. Council directed staff to do some research on this issue and to report back on June 4, 2001, with a recommendation. 6.1. Request by Precision Tune to Amend Conditional Use Permit, Case No. CUOI-IO Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that two conditions were inadvertently added to the conditional use permit based on the March 19, 2001, Council minutes. The two conditions are that the area of the lease space shall be reduced to 7,400 square feet and the proposed entrance sign at the Perk/ns entrance from Dodge Street shall not be allowed. Mayor Klinzing opened the public hearing. Dan Dage, Finn Architects - Stated that he supports staffs decision to eliminate these two conditions from the conditional use permit and he would like the word brick changed to block in condition number nine. Mayor Fdinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO AMEND THE CONDITIONAL USE PERMIT FOR FINN DANIELS ARCHITECT TO ALLOW A FREESTANDING SIGN WITH THE FOLLOWING CONDITIONS: IF THE APPLICANT DESIRES TO LOCATE THE MONUMENT SIGN AS PROPOSED, THEY WILL HAVE TO PROVIDE WRITTEN AUTHORIZATION FROM ANOKA ELECTRIC AND THE MUNICIPAL UTILITIES REGARDING THE LOCATION OF THE FREESTANDING SIGN. o WALL SIGNS, EXCLUDING THE PRECISION TUNE SIGN, SHALL BE IN CONFORMANCE WITH THE ELK RIVER RETAIL CENTER PUD AND THE CITY OF ELK RIVER SIGN ORDINANCE. 3. ALL TRASH WILL BE STORED INSIDE THE BUILDING. 4. NO OUTSIDE STORAGE OF AUTO PARTS, CARS UNDER REPAIR, PALLETS OR OTHER PACKAGING MATERIAL, OR GOODS IS ALLOWED. THE LANDSCAPE PI,AN WILL BE REVISED TO COMPLY WITH THE L32qDSCAPE ORDINANCE, AND IF THE TOTAL NUMBER OF TREES REQUIRED CANNOT BE ACCOMMODATED ON SITE, AN ALTERNATIVE WILL BE WORKED OUT WITH THE CITY. City Council Minutes May 21, 2001 Page 8 6. ALL COMMENTS IN THE IN THE CITY ENGINEER'S MEMO SHALL BE ADDRESSED. 7. PARKING LOT LIGHTING SHALL MATCH THE EXISTING LIGHTING FOUND AT PERKINS AND COUNTRY INN SUITES. 8. THE AWNINGS SHALL BE RED. 9. THAT THE UPPER PORTION OF THE PRECISION TUNE BUILDING BE IN A LIGHT TAN BLOCK. 10. THAT THERE BE ALLOWED TWO GARAGE DOORS, ONE ON EACH END OF THE BACK OF THE BUILDING, PLUS TWO KNOCK OUT WALLS FOR FUTURE GARAGE DOORS IF NECESSARY. 11. A SHARED PARKING AGREEMENT SHALL BE RECORDED BETWEEN THE DEVELOPER AND COUNTRY INN SUITES FOR FIVE SPACES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by City. of Elk River for Interim Ordinance Establishing a Moratorium on Townhome Developments, Public Hearing - Case No. OA 01-05 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that staff worked on preparing an ordinance establishing a six-month moratorium on townhome developments. Mayor Klinzing opened the public hearing. Dave Sellegren, representing D.R. Horton - Stated the D.R. Horton recently acquired 80 acres and plans on rezoning to PUD to develop townhomes. He stated that D.R. Horton would like to be considered for a wavier from the moratorium. Craig Howes, 18471 Twin Lakes Road - Stated that his company is planning on doing townhomes in the spring of 2002 but would like to start doing some utility work this fall. Mr. Howes is concerned about whether this moratorium is going to 'affect his work in the fall. Ms. McPherson stated that if the townhome ordinance were completed early then the moratorium would be lifted early. Len Pratt, Elk River Station, LLP - Stated that his company is in the advanced planning stages of a townhome development and would like to be considered for a waiver from the moratorium. City Council Minutes May 21, 2001 Mayor I43inzing closed the public hearing. Page 9 Councilmember Motin questioned the purpose of establishing a moratorium and suggested that the city continue to review the townhome developments as they come in. Michele McPherson stated that staff, Planning Commission, and Council needs time to evaluate items such as design consistencies and minimum standards for such things as setbacks, private streets, and park areas without trying to evaluate proposals at the same time. Councilmember Tveite stated that the moratorium is needed because developers are overusing PUD zoning that is not meant for building townhomes. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 01-07 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF TOWNHOME DEVELOPMENTS WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Independent School District #728 for Conditional Use Permit for Addition to Elk River Senior High School, Public Hearing - Case No. CU 01-14 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that 1,2KE Architects is requesting a conditional use permit for a 53,500 square foot expansion to Elk River Senior High School. Mr. Harlicker reviewed the site plan, parking and access issues, building elevations, landscaping, and grading issues. Mayor Klinzing opened the public hearing. Dick Haluptzok, representing KKdE Architects - Discussed the additions that would be made to the northwest and southwest corners of the Elk River Senior High. Mayor K2inzing closed the public hearing. Councilmember Kuester stated that she would like to see more landscaping around the parking lot areas. COUNCILMEMBER MOTIN MOVED TO APPROVE A CONDITIONAL USE PERMIT TO KKE ARCHITECTS FOR A 53,500 SQUARE FOOT EXPANSION TO THE ELI( RIVER SENIOR HIGH SCHOOL WITH THE FOI.I.OWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL NEW SIGNS REQUIRE A SIGN PERMIT. City Council Minutes Page 10 May 21, 2001 3. THE LANDSCAPING PLAN SHALL BE REVISED SO THAT IT COMPLIES WITH THE LANDSCAPE ORDINANCE. 4. A 20 FOOT WIDE LANE SHALL BE MAINTAINED THROUGH THE STAGING AREA. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by Independent School District #728 for Conditional Use Permit for Addition to Parker Elementary. School, Public Hearing - Case No. CU 01-15 Scott Harlicker submitted the staff report. Mr. Harlicker stated that KKE Architects is requesting a conditional use permit to do some expansion work at Parker Elementary School. He discussed the site plan, parking, signage, and landscaping. Mayor Kdinzing opened the public heating. Dick Haluptzok, representing ICI<E Architects - Discussed the additions of music and classroom space. Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A 6,810 SQUARE FOOT EXPANSION OF PARKER ELEMENTARY SCHOOL WITH THE FOI.IJOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE LANDSCAPE PI,AN SHALL COMPLY WITH THE REQUIREMENTS IN THE LANDSCAPE ORDINANCE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by James Starry. for Conditional Use Permit to Operate Auto Glass Repair/Replacement Facility., Public Heating - Case No. CU 01-15 Michele McPherson submitted the staff report. Ms. McPherson stated that James Starry is requesting a conditional use permit for a motor vehicle specialty station performing auto glass repair and replacement. Ms. McPherson discussed hours of operation, parking, and signs. She stated that a new easement has been created for emergency vehicle access and the applicant has complied with the legal requirements for the easement vacation. Mayor Klinzing opened the public hearing. City Council Minutes Page 11 May 21, 2001 There being no one for or against the matter, Mayor Klinzing closed the public hearing. Councilmember Mofin questioned what the timeframe would be for completing the landscaping. Mayor Klinzing inquired if there were any signage requirements. Ms. McPherson stated that the landscaping would need to be completed in one year and the applicant would most likely request to install one sign over the garage entry that would meet the sign ordinance requirements. COUNCILMEMBER IcUESTER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE SPECIALTY STATION WITH THE FOLLOWING CONDITIONS: 1. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE. ADD A LA_NDSC~ED ISLAND ON THE NORTH SIDE OF THE PARKING LOT ADJACENT TO THE JOHN OLIVER & ASSOCIATES ACCESS DRIVE. 3. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO THE INSTALLATION OF ANY SIGNS ON THE PROPERTY. 4. THE AUTO GLASS REPAIR AND REPLACEMENT BE CONDUCTED ENTIRELY WITHIN THE GARAGE. 5. OVERNIGHT OUTSIDE STORAGE OF INOPERABLE VEHICLES OR VEHICLES WAITING FOR REPAIR IS PROHIBITED. CONDITIONS ONE AND TWO SHALL BE COMPLETED PRIOR TO OCCUPANCY OR THE OWNER SHALL ESCROW FUNDS ADEQUATE TO ENSURE THEIR COMPLETION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by Zylstra Harley-Davidson for an Amendment to a Conditional Use Permit for the Hillside Crossing PUD to Allow Additional Wall Signage, Public Hearing - Case No. CU 01-16 Sen/or Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant would like to amend the Hillside Crossing PUD Agreement to allow a third wall sign. He stated that the proposed sign would hang over the southwest entrance and the total signage for the building would fall below the 10% wall coverage allowed. City Council Minutes May 21,2001 Mayor IGinzing opened the public hearing. Page 12 There being no one for or against the matter, Mayor IClXnzing closed the public heating. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PROPOSED AMENDMENT TO THE CONDITIONAL USE PERMIT FOR THE HILLSIDE CROSSING PLANNED UNIT DEVELOPMENT TO ALLOW A THIRD WALL SIGN FOR LOT 1, BLOCK 1 HARLF, Y ADDITION WITH THE FOLLOWING CONDITION: 1. A CITY OF ELK RIVER SIGN PERMIT BE OBTAINED FOR THE PROPOSED WALL SIGN. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. 6.9. Request by S & Z Investments for Rezoning, Public Hearing - Case No. LU 01-04 Request by S & Z Investments for Preliminary. Plat Approval .(5Vest Oaks), Public Hearing- Case No. POl-03 Request by S & Z Investments for Conditional Use Permit for Townhome Development ,(West Oaks), Public Heating- Case No. CU 01-07 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that S & Z Investments is requesting the following: · Rezoning from Rlc to PUD · Preliminary Plat for West Oaks · A Conditional Use Permit for the Site Plan for the PUD Mr. Harlicker reviewed density calculations, public and private street layout, signage, wetlands, and tree preservation. Mr. Harlicker stated that park dedication reqUirements are to be paid in cash. George Sanford, President of S & Z Investments - Discussed drainage, phasing, trees, fencing, and covenants. He stated that he had two concerns; first he felt that the playground design costs should, be set at a minimum of $20,000 because the developer is paying full park dedication fees. Mr. Sanford also mentioned the May 15, 2001, letter in which the city engineer stated that S & Z Investments should pay its fair share of the expansion of Waco Street. The letter stated that he should pay $750 per unit or $122, 250. Mr. Sanford stated that he has already paid for sewer and water in the amount of $125,970. He stated that due to the realignment of Waco Street he is losing about 400 feet of street frontage on Waco Street and it is going to cost him more because he is now forced to loop the sewer and water. Mayor Klinzing opened the public hearing. City Council Minutes Page 13 May 21, 2001 Tom Warner, 18198 145th Street - Stated that rezoning th_is property to PUD would not be consistent with the comprehensive plan and will create an adverse impact on the surrounding neighborhood. Most of the lots in the area are large acreage lots. He stated that 20 feet is not wide enough for private roads and they should be designed to city street standards. Mr. Warner stated that if people are parked on these private roads then it would be difficult for emergency vehicles to access the area. He stated that with the density of this development too many trees would need to be clear cut. Mr. Warner commented that the wetlands are not a useable space and there should be more park area. Kelly Barry, 14415 183'd Avenue - Stated that she is concerned with the density of this proposed development and would like to see more of the trees saved. Mike Ziemer, 18228 145th Street - Stated that he is concerned about density and safety due to increased traffic. John Kuester, Park and Recreation Representative - Stated that the city should be allowed to have an interest in the playground design. He stated that there is a need in this development for more park area due to the density and that the park proposed could be improved. Mayor I~dinzing closed the public hearing. Councilmember Kuester questioned where the development would put the snow that is removed from the private streets and she stated that inadequate off street parking tends to be a problem in these developments. Mayor Klinzing stated that she couldn't support this project because of the density. Councilmember Tveite stated that he doesn't support rezoning this property. He stated that it is set in the comprehensive plan that the zoning for this property is Rlc and it was zoned this way for a reason. He stated that too many developers are rezoning properties to PUD so that they can develop it however they wanted. He stated that when residents move to a location they don't expect that the property around them is going to be rezoned to something different; they have an expectation of what will be built around them and buy for that reason. Councilmember Motin stated that he could support the zone change because the city would then have more control over a PUD rather than the R1 c. COUNCILMEMBER KUESTER MOVED TO APPROVE ORDINANCE 01-08 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. City Council Minutes May 21, 2001 Page 14 6.10. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. THE REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BETTER MEET THE NEEDS OF THE RESIDENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION FAILED 3-2. Mayor Klinzing and Councilmember Tveite opposed. (A 4/5 majority is required on a rezoning.) MAYOR KLINZING MOVED TO DENY THE WEST OAKS PRELIMINARY PLAT AND THE CONDITIONAL USE PERMIT REQUEST BY S & Z liN-VESTMENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing stated that she couldn't support this project because it was not consistent with the zoning in the Comprehensive Plan and the rezoning would not be consistent with the adjacent properties. She commented that the PUD offered no flexibility in design and housing and there was no appropriate buffer to this townhome development. Councilmember Tveite stated that the Comprehensive Plan should be followed in this case and rezoning to PUD would not be appropriate as the property is not unique and the proposed project is not unique. Request by Heritage Landing Development for Land Use Plan Amendment to Place Property in the Urban Service District, Public Hearing- Case No. LU 01-04 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting to add property back into the Urban Service District. Mayor Klinzing opened the public hearing. Denny Chuba, Partner Heritage Development - Stated that he would like this property to be brought back into the Urban Service District and is willing to comply with the conditions. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE LAND USE MAP AMENDMENT TO BRING THE PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 10, WEST OF WACO STREET, BACK INTO THE URBAN SERVICE DISTRICT WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 15 May 21, 2001 1. THE OWNER/APPLICANT SHALL BEAR ALL COSTS FOR PROVIDING SEWER AND WATER SERVICE TO THE PROPERTY. e THE CITY WILL NOT HAVE OBLIGATION TO ASSIST THE OWNER/APPLICANT (I.E. IMMINENT DOMAIN) IN PROVIDING SEWER AND WATER TO THE PROPERTY SOONER THAN THE DEVELOPMENT TO THE SOUTH ALLOWS. ANY EXTRAORDINARY COSTS INCURRED BY THE CITY IN PROCESSING THE OWNER/APPLICANT'S REQUEST BE RECOVERED FROM THE OWNER/APPLICANT. o THE APPLICANT SHALL EXECUTE AN AGREEMENT AGREEING TO ASSESSMENTS AND A WAIVER OF HEARING WITHIN ONE YEAR OF APPROVAL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Request by Moldenhauer Custom Homes for Variance - Case No. VOI-O1 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Moldenhauer Custom Homes is requesting an eight-foot variance to the max/mum driveway width of 30 feet at the front property line. Mr. Harlicker stated that the driveway covers one-third of the front yard. Gordon Moldenhauer, Moldenhauer Custom Homes - Stated that the driveway is an enhancement to the neighborhood and it would be a hardship to tear it out now. COUNCILMEMBER MOTIN MOVED TO GRANT THE VARIANCE BASED ON THE LITERAL ENFORCEMENT OF THE ORDINANCE AND WILL NOW CAUSE UNDUE HARDSHIP AND THE VARIANCE WILL NOT BE INJURIOUS OR AFFECT THE WELFARE OF THE NEIGHBORHOOD AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. MAYOR KLINZING SECONDED THE MOTION. THE MOTION FAILED 24. Councilmembers Dietz, Kuester, and Tveite opposed. Councilmember Tveite stated that if this variance were approved then the city would be setting a precedent. 7. Other Business Councilmember Mofin questioned the status of legislation on liquor Licenses. Pat KIaers stated that the city's request is to be included in the Omnibus Liquor Bill but that there have been no recent updates. City Council Minutes Page 16 May 21, 2001 8. Staff Updates COUNCILMEMBER MOTIN MOVED TO SET A SPECIAL CITY COUNCIL MEETING FOR JULY 2, 2001, TO DISCUSS THE 2002 BUDGET. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Cou~c, jl at 10i55 p.m. Recording Secretazy