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06-18-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 18, 2001 Members Present: Members Absent: Staff Present: Mayor I<linzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, Building and Zoning Administrator Steve Rohlf, Police Chief Tom Zerwas, and Recording Secretary Tina Allard 3o 4.1. Call Meeting 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 IClinzing. Consider 6/18/2001 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1, 3.2. 3.3. 3.4. 6/4/01 CITY COUNCIL MINUTES - APPROVED 6/11/01 CITY COUNCIL MINUTES - APPROVED PAY ESTIMATE #2 TO SCHMIDT CURB COMPANY, INC. IN THE AMOUNT OF $159,639.86 -APPROVED HIRE DONNA MALECHA AS A PART TIME OFFICE ASSISTANT FOR THE STREET DEPARTMENT AT $10.13 PER HOUR - APPROVED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Community Recreation Update Councilmember Motin stated that City of Otsego gave notice that they are withdrawing from the Joint Powers Agreement 0PA). He stated that only the dries of Rogers and Elk River are left as part of the JPA and Elk River should consider other options for community recreation such as taking it over and contracting services out to other dries. Council directed staff to review this issue further and bring it back to Council at their June 25, 2001, meeting. City Council Minutes June 18, 2001 4.2. Utilities Commission Update Page 2 Councilmember Dietz noted that the water tower land purchase agreement was approved. He stated that Utilities are looking at sites for a future utilities building and one option under consideration is the Main Street mall property. Councilmember Dietz stated that the ERMU water rules are under review and changes may be made to the policy so that the responsibility of who (the homeowner or the city) should fix a water line problem would be made clear. 4.3. Northstar Corridor Update Senior Planner Scott Harlicker stated that MnDOT has now assumed control of the Northstar Corridor project. He stated that construction on the Highway 10 park and ride facility is scheduled to begin this summer. Councilmember Dietz questioned if the current park and ride on Highway 169 would be shut down. City Engineer Terry Maurer stated that this lot was under the control of the Brainerd MnDOT office and this issue would need to be discussed with them. 4.4. Park and Recreation Commission Update Director of Planning Michele McPherson stated that Lincoln Elementary School is requesting funds for the replacement of their playground. COUNCILMEMBER TVEITE MOVED TO GRANT $3,000 FROM THE PARK EQUIPMENT RESERVE FUND TO THE LINCOLN PARENT-TEACHER ORGANIZATION TO HELP BUILD THEIR PLAYGROUND. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson stated that the policy for the public use of facilities such as parks, park shelters, and public streets has been revised and approved by the Park and Recreation Commission. COUNCILMEMBER KUESTER MOVED TO APPROVE THE FOLLOWING: COMMUNITY RECREATION WILL RECEIVE AND PROCESS PARK SHELTER AND PARK FACILITY USE APPLICATIONS FROM RESIDENTS DESIRING TO USE SHELTERS, WOODLAND TRAILS PARK OR CITY STREETS. o RE-ESTABLISH THE DEPOSIT REQUIREMENTS FOR ALL CITY FACILITIES AND STREETS AS WAS ESTABLISHED FOR WOODLAND TRAILS PARK. THE FEE SCHEDULE INDICATES THAT DEPOSITS ARE ONLY REQUIRED FOR WOODLAND TRAILS PARK AT THIS TIME, HOWEVER, IT IS IMPORTANT TO HAVE DEPOSITS FOR ALL SHELTERS, ESPECIALLY LIONS PARI~ IN ORDER TO OBTAIN KEYS AND ENSURE THAT THE FACILITIES ARE LEFT IN GOOD CONDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Poge 3 June 18, 2001 Ms. McPherson noted that construction has begun on Riverplace Park and benches have been placed at Country Crossing 3rd Park. 4.5. Donation from Northstar Access Presented to Police Department MarkJacobson, representing Northstar Access and the Eddie Foundation presented $1,000 to the police department and $1,000 to the fire department. 4.6. Consider Resolution Supporting River Crossing Study 4.7. 6.1. Mayor Klinzing stated that Anoka County would like to put together two committees to study a north-south river crossing corridor for relieving traffic congestion crossing the Mississippi River. She stated that beginning this project could help in capturing funds for a future bridge project. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01- 36 SUPPORTING A NORTHWEST CORRIDOR RIVER CROSSING STUDY AND AGREEING TO PARTICIPATE IN POLICY AND TECHNICAL COMMITTEES SUPPORTING THE STUDY AND TO APPOINT MAYOR KLINZING TO THE POLICY ADVISORY COMMITTEE AND PAT KLAERS TO THE TECHNICAL ADVISORY COMMITTEE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Driveway Widths Building and Zoning Administrator Steve Rohlf stated that Gordon Moldenhauer submitted a letter that mentioned numerous addresses as having violated the city zoning code requirements regarding driveway widths. Mr. Rohlf stated that some of the addresses were invalid, some driveways were measured incorrectly, and that of the addresses that were submitted, two were in violation of the driveway width requirements. He stated that these two addresses have not had a final inspection completed on them yet and the builders would have to reduce their driveway widths before passing final inspection. Open Mike No one appeared for open mike. Request by Hemple & Best, LLP for Final Plat Approval (Hillside Crossing South Two), Case No. P97-07 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that this plat was approved in 1992 but that the applicant never recorded the £mal plat with the County and the timeframe has since expired. He stated that the applicant is proposing to construct two commercial buildings on two lots. Mr. Harlicker discussed the natural characteristics of the property, wetlands, access, and easements. City Engineer Terry Maurer stated that the applicant has been granted an exemption to the Wetland Conservation Act. He suggested that a storm drainage pond be established. Mr. Maurer stated that depending on the uses of the buildings the access on 193~d Avenue may need to be altered. Councilmember Dietz questioned if the final plat for this property were approved, would the access onto 193~d Avenue also be approved. Mr. Maurer stated that the access onto 193rd Avenue wouldn't be approved until staff did a review of the site plan. Councilmember Dietz City Council Minutes Page 4 June ]8, 2001 also questioned whether this plat triggered the need for a signal at 193~d Avenue and Evans Avenue. Mr. Maurer stated that he didn't think a signal at this intersection would be efficient until MnDOT improved the signal timing at Highway 169 and 193~d Avenue. Councilmember Dietz inquired if a restaurant was a permitted use on this property. Mr. Harlicker stated that a conditional use permit would be required for a restaurant. Kendra Lindahl, representing Hemple & Best LLP, stated that the applicant is looking for final plat approval and has gone beyond the requirements of the ordinance. She stated that on Lot One the developer is planning on constructing an office building but they do not have plans for Lot Two. Councilmember Kuester questioned the grading of Lot Two. Ms. Lindahl stated that there is no grading plan on Lot Two. She stated that there would be a 50' buffer of trees between the two buildings and the residential area and the developer would be planting more trees. Councilmember Kuester asked Ms. Lindahl if the developer considered having one building rather than two. Ms. Lindahl stated that this was not feasible for the developer. Councilmember Kuester stated that the grading for Lot Two was too steep. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01-37 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE CROSSING SOUTH TWO WITH THE FOLLOWING CONDITIONS: PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED PRIOR TO RELEASING THE PLAT FOR RECORDING. A SHARED ACCESS AGREEMENT WILL HAVE TO BE RECORDED ALLOWING ACCESS FOR BOTH LOTS FROM THE SERVICE ROAD AND A CROSS ACCESS AGREEMENT BETWEEN LOT 1 AND LOT 2. 5. A 50 FOOT NO CUT STRIP BE MAINTAINED ALONG THE EAST PROPERTY LINE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER KUESTER oPPOSED. 6.2. Wetland Conservation Act Decision - .(Twin Lakes Townhomes), WCA 01-07 Building and Zoning Administrator Steve Rohlf submitted that staff report. Mr. Rohlf stated that the applicant Jerick 2, LLC, is proposing to fill 2.6 acres of wetland to develop townhomes. Mr. Rohlf stated that the Technical Evaluation Panel (TEP) agreed to allow the replacement of wetlands on site to create buffer areas for public value credits. City Council Minutes Page 5 June 18, 2001 COUNCILMEMBER MOTIN MOVED TO APPROVE THE REVISED FILLING AND MITIGATION PLAN FOR THIS PROJECT WITH THE FOLLOWING STIPULATIONS: THAT BUFFER AREAS ARE CREATED IN A MANNER AND LOCATIONS AGREED TO BY THE PETITIONER AND THE TEP. IN ADDITION, THAT SIGNAGE IDENTIFYING THE BUFFER AREAS IS PLACED IN THE LOCATIONS AGREED TO BY BOTH. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AND BUFFER AREAS. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. THAT THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION WORK. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Phoenix Enterprises for Final Plat Approval (Twin Lakes Townhomes 3rd Addition), Case No. POI-IO Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting final plat approval of Twin Lake Townhomes 3rd Addition. Ms. McPherson noted that Council already approved the preliminary plat and the final plat is consistent with the preliminary plat. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 01-38 GRANTING FINAL PLAT APPROVAL FOR TWIN LAKES TOWNHOMES ADDITION WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL. THAT THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO RECORDING OF THE FINAL PLAT. City Council Minutes June 18, 2001 3. THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR CONSTRUCTION OF THE PROPOSED ACCESS TO COUNTY ROAD NO. 13 PRIOR TO CONSTRUCTION. Page 6 SURFACE WATER MANAGEMENT FEES BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. PARK DEDICATION AND TRAIL FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE FINAL PLAT AND SITE PLAN. 7. THAT ALL LANDSCAPED AREAS BE IRRIGATED. ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO OF JUNE 18, 2001 REGARDING THE TECHNICAL EVALUATION PANEL (TEP) REVIEW BE INCLUDED AND ADDRESSED AS FOLLOWS: ho THAT BUFFER AREAS ARE CREATED IN A MANNER AND LOCATIONS AGREED TO BY THE PETITIONER AND THE TEP. IN ADDITION, THAT SIGNAGE IDENTIFYING THE BUFFER AREAS IS PLACED IN THE LOCATIONS AGREED TO BY BOTH. Bo THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AND BUFFER AREAS. Co THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. Do THAT THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION WORK. Eo THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. 9. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITY TO GRADE IN THE GAS LINE EASEMENT. City Council Minutes Page 7 June 18, 2001 10. THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT PLAN AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLATION OF ANY SIGNS. 11. THAT THE PRIVATE ROAD BE RESTRICTED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING "NO PARKING". THAT ANY TREES ON OR OFF SITE NEAR THE LIMITS OF GRADING THAT ARE TO BE PROTECTED BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIP LINE TO PREVENT DAMAGE TO TREES BE INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 13. THAT THE RETAINING WALLS BE STRUCTURALLY ENGINEERED AND FENCED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by Tiller Corporation for Amendment to Conditional Use Permit, Public Hearing - Case No. CU 01-19 Building and Zoning Administrator Steve Rohlf submitted the staff report. Mr. Rohlf stated that Tiller Corporation would like to amend their existing conditional use permit to include property they recently obtained. He discussed traffic, ground water, hours of operation, and setbacks. Mayor Klinzing opened the public hearing. There being no one to speak to this matter, Mayor IClinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT TO TILLER CORPORATION BASED ON THE FOLLOWING FINDINGS: TILLER CORPORATION'S PROPOSED EXCAVATION, RECLAMATION PLAN, AND HOT-MIX ASPHALT PLANT ARE CONSISTENT WITH THE CITY OF ELK RIVER'S EIS ON MINERAL EXCAVATION, COMPREHENSIVE PLAN, MINERAL EXCAVATION ORDINANCE AND ZONING ORDINANCE. THE CITY OF ELK RIVER'S LONG RANGE PLANNING ANTICIPATED MINING AS AN INTERIM USE ON THE PROPERTY IN QUESTION, WHEN IT WAS ZONED MINERAL EXCAVATION OVERLAY ZONING DISTRICT AND THE HOT-MIX ASPHALT PLANT IS AN ACCESSORY USE TO MINING. 3. THE OPERATION DOES NOT APPEAR TO HAVE THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS 4. THE CONDITIONS PLACED ON THE OPERATION ADEQUATELY PROTECT ADJACENT PROPERTIES AND THE CITY FROM City Council Minutes Page 8 June 18, 2001 DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO EXCESSIVE TRAFFIC, NOISE, ODOR, SMOKE, FUMES, GLARE, DUST, OR VIBRATION. THE CONDITIONS PLACED ON THE OPERATION REQUIRE IT TO COMPLY WITH ALL APPROPRIATE CITY, STATE, AND FEDERAL REQUIREMENTS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Wetland Conservation Act Decision - .(Mississippi Ridge). WCA 01-05 Building and Zoning Administrator Steve Rohlf submitted the staff report. Mr. Rohlf stated that the applicant is proposing to fRl .86 acres of type 3 wetland to develop Mississippi Ridge. He stated that the TEP believed the fRling of this wetland to be necessary for safety reasons in order to align the access of Mississippi Ridge to Trunk Highway 10. Mr. Rohlf stated that an issue of concern by the TEP was the replacement of the wedands. He stated that the TEP recommended the developer purchase credits but currently there are no banked credits for sale in Sherburne County so the developer had to purchase them in Wright County. Councilmember Motin inquired about the process of building wetlands and selling of credits. COUNCILMEMBER DIETZ MOVED TO APPROVE THE FILLING OF .86 ACRES OF WETLAND IN THE MISSISSIPPI RIDGE PLAT BASED ON THE FOLLOWING CONDITION: THAT BANKED WETLAND CREDITS ARE PURCHASED AND PROPERTY REGISTERED WITH THE BOARD OF SOIL AND WATER RESOURCES PRIOR TO FILLING THE WETLAND IN QUESTION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by Scott Powell for Final Plat Approval (2Mississippi Ridge), Case No. P 01-06 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that Scott Powell is requesting final plat approval of Mississippi Ridge. She stated that the plat is a mixed use commercial and residential subdivision. Councilmember Dietz questioned whether the frontage road would be realigned. Ms. McPherson stated that the developer was working with other businesses in the area to help determine the realignment. Councilmember Tveite asked if some of the Highway 10 accesses onto the frontage road would be eliminated. City Engineer Terry Maurer stated that only the median in the highway would be closed off so there would be no cross traffic. City Council Minutes Page 9 June 18, 2001 COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01-39 GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI RIDGE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO OF FEBRUARY 27, 2001 BE INCLUDED AND ADDRESSED AS FOLLOWS: WETLAND CONDITIONS: · TEP REVIEW AND RECOMMENDATION PRIOR TO COUNCIL FINAL ACTION ON THE REQUEST. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE LETTER OF CREDIT, WHICH COVERS PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION WORK. · THE DEVELOPERS SUBMIT AWRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. SHORELAND CONDITIONS: THE DEVELOPER GAINS APPROVAL FOR WHAT VEGETATION IS REMOVED FROM THE BLUFF BY CITY STAFF. A THIRTY (30) FOOT SETBACK FROM THE TOP OF THE BLUFF IS REQUIRED. THAT MINIMAL TOPOGRAPHICAL ALTERATION OF THE BLUFF AND WITHIN THE TWENTY (20) FOOT BLUFF IMPACT ZONE TAKES PLACE (ALTERNATIONS APPROVED BY CITY STAFF) AND THAT EROSION CONTROL AND RE-VEGETATION IS REQUIRED. WILD AND SCENIC RIVER DISTRICT CONDITIONS: · THAT THE EXTERIORS OF THE TOWNHOMES ARE DONE IN EARTH TONES TO HELP THEM BLEND IN WITH THE NATURAL ENVIRONMENT. · GLARE FROM THE DEVELOPMENT IS REQUIRED TO BE DIRECTED AWAY FROM THE RIVER. · THAT SIGNAGE FOR THE COMMERCIAL PORTION OF THE PROPOSAL IS NOT VISIBLE FROM THE RIVER (THIS CONDITION MAY BE MORE DIFFICULT FOR THE PROPOSED RESTAURANT ON THE SOUTH END OF THE DEVELOPMENT City Council Minutes Page 10 June 18, 2001 DUE TO THE DEFORESTATION OF THE ADJACENT BLUFF LINE). FLOODPLAIN CONDITIONS: THAT THE CITY ENGINEER DETERMINES THE ADEQUACY OF STORM WATER SEDIMENTATION AND RETENTION FOR THE DEVELOPMENT AND THAT NO SEDIMENTATION IS ALLOWED IN THE FLOODPLAIN. o YALE STREET BE CONNECTED TO ZANE STREET ON THE NORTH. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. o SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A TRAIL EASEMENT BE DEDICATED ALONG THE SOUTH SIDE OF 171ST AVENUE. ALSO A TRAIL EASEMENT BE DEDICATED WEST TOWARD THE MISSISSIPPI RIVER. 11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council Minutes June 18, 2001 Page 11 14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL MAILBOXES BE CLUSTERED. 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 18. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 20. APPROVAL OF DESIGN/DEVELOPMENT GUIDELINES FOR THE COMMERCIAL LOTS SHALL BE APPROVED BY THE CITY COUNCIL. 21. ONCE A BUILDER HAS BEEN IDENTIFIED FOR THE TOWNHOMES, A CONDITIONAL USE PERMIT BE APPROVED FOR THE SITE PLAN AND TOWNHOME DESIGN OF ALL 22 UNITS PRIOR TO ISSUANCE OF A BUILDING PERMIT. 22. THAT BANKED WETLAND CREDITS ARE PURCHASED AND PROPERLY REGISTERED WITH THE BOARD OF SOIL AND WATER RESOURCES PRIOR TO FILLING THE WETLAND IN QUESTION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Brian Bmeske (AquaPure) for an Interim Use Permit, Public Hearing - Case No. CU 01-18 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the zoning code does not allow development of industrial property within the urban service area prior to sewer and water availability. Mr. Harlicker stated that Brian Brueske is requesting an interim use permit to allow the development of industrial property within the urban service area prior to the availability of sewer and water service through the use of a well and septic system. He discussed the criteria that needed to be met in order to determine if an interim use permit should be granted. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. City Council Minutes Page 12 June 18, 2001 COUNCILMEMBER MOTIN MOVED TO APPROVE AN INTERIM USE PERMIT TO ALLOW DEVELOPMENT OF THE APPLICANT'S PROPERTY WITH A PRIVATE WELL AND SEPTIC SYSTEM PRIOR TO THE AVAILABILITY OF SEWER AND WATER WITH THE FOLLOWING CONDITIONS: THE INTERIM USE PERMIT IS FOR THE PRIVATE WELL AND SEPTIC SYSTEM AND WILL TERMINATE AT THE TIME WHEN CITY SEWER AND WATER BECOME AVAILABLE. o THE PROPERTY OWNER WILL AGREE TO PAY ALL TRUNK AND LATERAL COSTS ASSESSED FOR EXTENDING WATER AND SANITARY SEWER TO THE SITE AND WILL WAIVE ALL RIGHTS TO APPEAL THE AMOUNT ASSESSED FOR WATER AND SANITARY SEWER. o THE PROPERTY OWNER WILL HOOK-UP TO CITY SEWER AND WATER WITHIN THE SPECIFIED TIMEFRAME IN THE CITY'S CURRENT ORDINANCE APPLICABLE AT THE TIME THESE SERVICES BECOME AVAILABLE. PRIOR TO DEVELOPING THE PROPERTY, THE PROPERTY SHALL BE PLATTED AND THE APPLICANT SHALL APPLY FOR SITE PLAN REVIEW. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-O. 6.8. Request by Chris Sitephan for Conditional Use Permit for Home Occupation .(Landscape Business), Public Hearing - Case No. CU 01-19 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting a conditional use permit to operate a home occupation for a landscape services business. She discussed signage, historical significance, and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public heating. Mayor IClinzing stated that allowing 15 employees in a home occupation business seemed high. Ms. McPherson stated that only the supervisors would be allowed at the business location and the rest of the employees would be at different job sites. After some discussion it was decided that only five employees would be allowed on the business location at any given time. Councilmember Motin questioned why the signage went from two feet to four feet. Ms. McPherson stated that there is a discrepancy in the ordinance regarding signage and it would be freed during the municipal code update. Councilmember Motto asked if the conditional use permit could ever be retracted. City Attorney Peter Beck stated that as long as the conditions are being complied with it could not be retracted. City Council Minutes June 18, 2001 Page 13 COUNCILMEMBER MOTIN MOVED TO APPROVE THE LANDSCAPE BUSINESS AS A CONDITIONAL HOME OCCUPATION WITH THE FOLLOWING CONDITIONS: SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN AREA. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT WITHIN THE FENCED ENCLOSURE. o ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR TO THE SOUTH. THE MAXIMUM NUMBER OF EMPLOYEES WORKING ON SITE SHALL NOT EXCEED 5 AT ANY GIVEN TIME. 5. NO DEBRIS SHALL BE STORED ON SITE. ALL TRUCKS, TRACTORS, AND TRAILERS SHALL BE STORED WITHIN THE METAL POLE BARN. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-O. 6.9. Request by William & Linda Zacharda for Administrative Subdivision, Public Hearing - Case No. AS 01-03 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that William and Linda Zacharda would like to subdivide 33.5 acres into 3 lots. He discussed lot sizes, access, park dedication fees, and drainage/utility easements. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor IGinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. PARK DEDICATION FEES IN THE AMOUNT OF $1,470 FOR THE NEW LOT BE PAID PRIOR TO RECORDING THE SUBDMSION WITH THE COUNTY. SURFACE WATER MANAGEMENT FEES IN THE AMOUNT OF $75.21 FOR THE UNDEVELOPED LOT BE PAID PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. City Council Minutes Page 14 June 18, 2001 4. ALL COMMENTS FROM THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE ADDRESSED PRIOR TO RECORDING THE SUBDMSION WITH THE COUNTY. INFORMATION SHALL BE PROVIDED TO THE CITY TO ENSURE THAT THERE ARE SUITABLE AREAS ON LOT C TO ACCOMMODATE A BUILDING SITE, AND PRIMARY/ALTERNATE SEPTIC SYSTEM LOCATIONS. A SHARED ACCESS AGREEMENT FOR LOTS B AND C TO ALLOW SHARED ACCESS TO THE DRIVEWAY SHALL BE RECORDED WITH THE COUNTY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request by Arne & Marilyn Engstrom for Administrative Subdivision, Public Hearing - Case No. AS 01-04 Director of Planning M/chele McPherson submitted the staff report. Ms. McPherson stated that Arne and Marilyn Engstrom are requesting an administrative subdivision to split 22.19 acres into three parcels. She stated that Parcel A is 10 acres, parcel B is 10 acres, and parcel C is .5 acres with a 50' width with parcel C being dedicated to the city for a public trail corridor connection to the Sand Dunes State Forest. Ms. McPherson stated that staff didn't feel Parcel C would be wide enough for a trail corridor and recommended that Parcel B and C be combined and that in lieu of cash dedication for the park fee requirements, a public trail easement with a width of 110' along the south portion of Parcel B be granted to the city. Councilmember Motin questioned if the city could force the applicant to grant the easement and to pay cash dedication fees. Ms. McPherson stated that according to the ordinance the city could only choose one or the other. Councilmember Motin asked if the 50' width would be enough to satisfy the park dedication requirements. Ms. McPherson stated that it was only about one-quarter of what the city could ask for. She stated that if an easement agreement were granted then Mr. Engstrom would still own the property and be able to maintain his green acres status. Mayor Klinzing opened the public hearing. Arne Engstrom, applicant, stated that he had to grant fee title for easements to the county and he didn't realize that fee title meant that the county would own the property and not himself. These easements brought his parcels to less than 10 acres and he would like to keep Parcel A and Parcel B at 10 acres so he can claim green acres for his property tax status. He stated he would like to see a trail corridor established that would connect to the Sand Dunes State Forest. Mayor I<].inzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO CREATE THREE PARCELS WITH THE FOLLOWING CONDITIONS: City Council Minutes June 18, 2001 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. Page 15 o ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. PARCELS C AND B SHALL BE COMBINED. o THE APPLICANT SHALL GRANT A 110' EASEMENT TO THE CITY FOR A TRAIL CORRIDOR PROVIDED THAT THE COUNTY ALLOWS AN ACCESS OFF OF COUNTY ROAD 32 PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. THE APPLICANT SHALL PAY STORM WATER MANAGEMENT FEES FOR ONE LOT PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. o A JOINT ACCESS/DRIVEWAY AGREEMENT BE RECORDED AGAINST BOTH PARCELS PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 6.11. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Sharon Bauer for Administrative Subdivision, Public Hearing - Case No. A'S 01-05 Director of Planning Michele McPherson submitted the staff report. She stated that Sharon Bauer is requesting an administrative subdivision. She stated that the property is about 10 acres and would be divided in half and have a shared driveway access to County Road 32. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor IGinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO CREATE ONE LOT BY SHARON BAUER WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. o PARK DEDICATION FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. STORM WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR RELEASING THE SUBDIVISION FOR RECORDING. o THE APPLICANT SHALL EXECUTE AND RECORD A CROSS ACCESS/jOINT DRIVEWAY AGREEMENT FOR BOTH LOTS PRIOR TO RECORDING THE SUBDIVISION. City Council Minutes Page 16 June 18, 2001 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Consider Tushie - Montgomery. Programming Proposal for City. Hall Expansion City Administrator Pat Klaers introduced Gary Tushie of Tushie-Montgomery Architects. Mr. Tushie presented material regarding planning for the expansion of city hall. He discussed programming, implementation, and design services. Councilmember/building committee member Mot_in stated that he requested more Council involvement with the expansion planning process and that this proposal addresses his concerns. Mayor Klinzing stated that hiring an independent consultant is a good idea and a necessary part of the planning process for a building expansion project and that the consultant will be able to offer some insight based on their past experiences with similar projects. Councilmember Tveite questioned where the funds would come from for this expansion project. Mr. Klaers stated that funds would come from the government buildings reserve fund. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CITY HALL EXPANSION PROGRAMMING PROPOSAL FROM TUSHIE-MONTGOMERY FOR THE PROGRAMMING AND IMPLEMENTATION PHASE OF THIS PROJECT WITH FUNDING TO COME FROM THE GOVERNMENT BUILDINGS RESERVE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12. 6.13. 6.14. 6.15. Request by City. of,Elk River for Ordinance Amendment to add Definition of Animal Nutrition and Agricultural Research and Establish an AR (Agricultural Research) District, Public Hearing- Case No. OA 00-8 Request by City. oflElk River for Land Use Amendment for a Portion Cargill Property, Public Hearing- Case No. LU 00-~5 Request by City oflElk River for Rezoning of a Portion of Cargill Property to Agricultural Research District, public Hearing -Case No. ZC 00-7 Request by Cargill £or Conditional Use Permit, Ptlblic Hearing - Case No. CU 01-17 Senior Planner Scott Harlicker submitted the staff report. City Attorney Peter Beck stated that Cargill brought a suit against the city and a settlement agreement has been reached in the case. He stated that the agreement creates a new zoning district, new definition of animal nutrition and agricultural research, and provides a conditional use permit to Cargill. Mayor Klinzing op,ened the public hearing. There being no one to speak to this issue, Mayor Klmzing closed the public hearing. Mr. Beck discussed the land trust and stated that the city would receive a road corridor from 171st Avenue to 165th Avenue. He stated that Cargill would not be forced to have sewer and water. Mr. Harlicker noted that the exhibits for the rezoning ordinance and resolution for the land use plan amendment have been revised. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 01-08 AMENDING SECTION 900.08, 900.10, AND 900.12 OF THE CITY CODE OF City Council Minutes Page 17 June 18, 2001 ORDINANCES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01-40 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LR (LOW DENSITY RESIDENTIAL) AND LI (LIGHT INDUSTRIAL) TO A (AGRICULTURAL) AND AMEND THE URBAN SERVICE BOUNDARY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 01-09 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM I1 (LIGHT INDUSTRIAL) AND R1A (SINGLE FAMILY RESIDENTIAL) TO AR (AGRICULTURAL RESEARCH). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR AN AGRICULTURAL RESEARCH FACILITY. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.16. Request by City of, Elk Privet for Ordinance Amendment Regarding Government Buildings and Facilities, Public Hearing- Case No. OA 01-0o( Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that when the definition of government offices was changed, Sherbume County Government Center became a nonconforming use in the Business Park District. She stated that in order to remedy this issue, government buildings should be included in the Business Park District as a conditional use. Ms. McPherson further Stated that staff would be looking at creating a new Public Facilities District for government buildings and schools. Mayor Klinzing op,ened the public hearing. There being no one to speak to this issue, Mayor Iadinzing dosed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE ORDINANCE 01-10 AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Mayor K. linzing and Councilmember Kuester stated that they received complaint calls regarding signs (garage sale and reality) in the public right of way and attached to utility poles. Councilrnember Motin stated that he believed staff was directed to call the people who put the signs up and have them take their signs down. Councilmember Dietz suggested that CSO employees and/or summer workers at the Street Department go around once a week to remove the signs. Council directed staff to do what they could to remove signs. City Council Minutes Page 18 June 18, 2001 Mayor Ia~lLqzing stated that she reserved a booth at the Art Soup Festival and she asked if anyone wanted to use it. City Attorney Peter Beck stated that the legislature passed a law that stated a super-majority vote is not longer needed for some rezoning issues. He stated that he needed to complete more research on this issue but that the city will need to modify their ordinance to be consistent with state law. Councilmember Motin stated that the legislature has approved and the Governor signed into law the city's request for additional on-sale liquor licenses. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Iadinzing adjourned the meeting of the Elk River City Council at 8:55 p.m. Recording Secretary Tina Allard