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07-16-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 16, 2001 Members Present: Members Absent: Staff Present: Mayor Kdinzing, Councilmembers Dietz, Kuester, Motin, and Tveite (6:50 pm) None Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Attorney Peter Beck, Recording Secretary Tina Allard 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 6:00 p.m. by Mayor Klinzing. Consider 7/16/2001 Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 7/9/2001 CITY COUNCIL MINUTES -APPROVED AUTHORIZATION TO CONTRIBUTE $22,650 TO THE ELK RIVER FIRE RELIEF FUND -APPROVED REQUEST BY ELK RIVER STATION LLP FOR LAND USE AMENDMENT, ZONE CHANGE, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR ELK RIVER STATION - POSTPONED TO AUGUST 20, 2001 REQUEST BY MISSISSIPPI OAKS DEVELOPMENT CORP. FOR AMENDMENT TO A CONDITIONAL USE PERMIT FOR MISSISSIPPI OAKS 2r~° ADDITION, PUBLIC HEARING - CASE NO. CU 01-24 o WITHDRAWN COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Community. Recreation Update Councilmember I aul Motin stated that the Community Recreation Board met and moved to terminate the Joint Powers Agreement effective December 31, 2001. They also recommended that the City of Elk River hire the current Community Recreation staff. City Council Minutes July 16, 2001 4.2. Utilities Commission Update 4.3. 4.4. Page 2 Councilmember Dietz stated that he was unable to attend the July 10 Utilities meeting. Councilmember Motin stated that he didn't feel the Main Street Mall building site would be a good location for a Utilities expansion and he would like them to explore other options. Councilemember Dietz concurred and he suggested Utilities consider moving near City Hall. Councilmember Kuester questioned why the Utilities adopted a policy on Home Computer Purchase Assistance Loans with 0% interest to employees. Councilmember Dietz stated that he felt the adoption of this policy was unnecessary as most people have home computers today and the cost of computers today is very reasonable. Park and Recreation Commission Update Director of Planning Michele McPherson gave a brief update on Park and Recreation Commission activities. · Interview Park and Recreation Commission Applicants Three applicants applying for two vacancies on the Park and Recreation Commission introduced themselves and were briefly interviewed by the Council. MAYOR KLINZING MOVED TO APPOINT DAVID BRIGGS TO THE PARK AND RECREATION COMMISSION WITH HIS TERM EXPIRING ON FEBRUARY 28, 2004. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO APPOINT TOM DEWALL TO THE PARK AND RECREATION COMMISSION WITH HIS TERM EXPIRING ON FEBRUARY 28, 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Unauthorized Signs in City Right of Way Police Chief Tom Zerwas stated that he would like more clarification from the Council as to which signs should be removed from the city right-of-way. He stated that many people don't know where city right-of-ways are located. Councilmember Kuester stated that she received complaints from residents concerned about signs that ended up becoming permanent because people have forgotten about them. Councilmember Dietz stated that there should be more public awareness provided on signage. City Attorney Peter Beck stated that the city can't regulate signs based on language but the city can set time limits and locations where signs could be allowed. Director of Planning Michele McPherson stated that staff could work with the Sherburne County Fairboard and the Chamber of Commerce regarding their signs. City Council Minutes Page 3 July 16, 2001 Council directed staff to remove the signs on the power poles and also directed the city attorney to research the issue further to determine what recourse can be taken. 5. Open Mike No one appeared for open mike. 6.1. Consider Annexation Request by Arne Engstrom 6.2. 6.3. Director of Planning Michele McPherson submitted the staff report. She stated that Mr. Engstrom is requesting that the City of Elk River consider a joint resolution with Big Lake Township for the annexation of 1.94 acres from Big Lake Township to the City of Elk River in order to combine the applicant's properties for tax purposes. Ms. McPherson stated that Big Lake Township had no objection to the annexation. Councilmember Dietz stated that he was concerned that a precedent might be set with other individuals wanting to annex to Elk River. Ms. McPherson stated that this was a unique situation in which Sherbume County suggested the annexation in order for them to have road access and to agree to the administrative subdivision of Mr. Engstrom's property previously approved by the Council. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 01-45 FOR ORDERLY ANNEXATION OF THE TOWN OF BIG LAKE AND THE CITY OF ELK RIVER DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Mike and Vickie Gwvnn for Administrative Subdivision, Public Hearing - Case No. AS 01-23 Director of Planning Michele McPherson submitted the staff report. She stated that the applicant would like to subdivide his property into a 9.63 acre parcel and a 4.89 acre parcel. She discussed park dedication requirements and access. Mayor Klinzing opened the public hearing. There being no one to speak to this matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MIKE AND VICKI GWY-NN WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. 2. PARK DEDICATION FEES SHALL BE PAID FOR ONE LOT. 3. STORM WATER FEES SHALL BE PAID FOR ONE LOT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Jerry's Foods for Easement Vacation Public Hearing - Case No. EV 01-01 Senior Planner Scott Harlicker submitted the staff report. He stated that Jerry's Foods is requesting an easement vacation of a portion of a drainage and utility easement in order to City Council Minutes Page 4 July 16, 2001 expand Cub Foods. He stated that the proposed building expansion would be about 25 feet from the nearest utility. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzmg closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01-46 FOR THE CITY OF ELK RIVER FOR VACATING DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER KUESTER SECONDED THE MOTION. COUNCILMEMBER MOTIN AMENDED THE MOTION TO INCLUDE A CONDITION THAT THE PROPOSER (THE APPLICANT) MUST PREPARE THE EASEMENT VACATION DESCRIPTION. COUNCILMEMBER DIETZ SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 4-0. THE MOTION AS AMENDED CARRIED 4-0. Councilmember Tveite arrived. 6.4. Request by Jerry's Foods for an Amendment to the Conditional Use Permit for Cub Foods for an Expansion, Public Hearing- Case No. CU 01-23 Senior Planner Scott Harlicker submitted the staff report. He stated that Jerry's Foods is requesting a conditional use permit to amend the Elk Park Center PUD agreement to allow a 20,267 square foot addition to their e~sting store in Elk Park Center and two additional wall signs. Mr. Harlicker discussed layout, building elevations, access, signage, landscaping, grading, drainage, and utilities. Mr. Harlicker stated that staff believed the drive-through exit traffic should flow out onto the south side of Cub rather than towards the front of the store. Mayor Klinzing opened the public hearing. Bob Shaddock representing Jerry's Foods, stated that he was concerned about moving the drive-through exit to the south side because of the grade at this location. He felt that it would be safer to have traffic come out to the front of the store. Councilmember Kuester stated that she was concerned about screening on the west and south side of the building. Mr. Shaddock stated that a berm would be created on the south side with large (approximately 10') coniferous trees planted. He stated that currently there is no additional screening planned for the west side but he would be willing to work with staff on additional screening. Councilmember Tveite stated that he felt the Cub building should not be squared off and the landscape screening should be pushed back from the loading area intersection. He felt that the trees would limit the visibility of trucks meeting at the intersection. ChrisAnn Jones, Manager of Elk River Cub Foods, stated that the road behind Cub is a one-way that runs from north to south and there are only 3-4 semi-trucks per day that would exit from this intersection. City Council Minutes Page 5 July 16, 2001 Dana Anderson stated that the loading area behind Cub is large. He stated that if the back of the building is not allowed to be squared off, it would have a significant impact on the design of the interior of the building. Mr Anderson stated that all the traffic on the one-way road behind the building consists of vendors and not customers. He felt that the three-way intersection on the southeast corner was very confusing and that a stop sign should be installed on the east side. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PUD TO ALLOW A 20,267 SQUARE FOOT ADDITION TO CUB FOODS, THE DRIVE THROUGH WINDOW, AND THE TWO ADDITIONAL SIGNS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. ALL WALL SIGNS WILL REQUIRE SIGN PERMITS. 3. A LANDSCAPE PI.AN SHALL BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY. THE PLAN SHALL INCLUDE A BERM AND PLANTINGS TO SCREEN THE LOADING AREA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Elk River Municipal Utilities for Conditional Use Permit to Construct a Municipal Well and Water Process Facili .ty - Case No. CU 01-21 Director of Planning Michele McPherson submitted the staff report. She stated that Elk River Municipal Utilities CERMU) is requesting a conditional use permit to allow the construction of a water treatment facility. She discussed building materials, landscaping, and parking requirements. Mayor Klinzing opened the public heating. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A WATER TREATMENT FACILITY WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE BUILDING SHALL BE BUILT AS DESIGNED IN OPTION 3. 3. LANDSCAPING SHALL BE PROVIDED AS NOTED ON THE PROPOSED LANDSCAPE PLAN. 4. A BACKUP AREA SHALL BE PROVIDED AS PART OF THE ACCESS DRIVEWAY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes July 16, 2001 6.6. Page 6 Request by Powell Development Co. for Conditional Use Permit for Townhomes (M~ssissippi Ridge). Public Hearing - Case No. CU 01-22 Director of Planning Michele McPherson submitted the staff report. She stated that the applicant is requesting a conditional use permit for site plan approval of 22 townhomes in Mississippi Ridge. Ms. McPherson discussed access, parking, building design, landscaping, shoreland and wild scenic requirements. She noted that the plat for the townhomes had been approved prior to the establishment of the townhome moratorium ordinance. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Kuester stated she is concerned about parking and questioned whether Yale Street would be wide enough to support parking on both sides along with increased commercial traffic. COUNCILMEMBER DIETZ MOVED TO APPROVE THE SITE PLAN FOR 22 TOWNHOME UNITS WITH THE FOLLOWING CONDITIONS: 1. THE EXTERIORS OF THE TOWNHOMES ARE DONE IN EARTHTONES TO HELP THEM BLEND IN WITH THE NATURAL ENVIRONMENT. BUILDING MATERIALS SHALL BE BRICK, STUCCO AND ASPHALT OR CEDAR SHINGLES. 2. GLARE FROM OUTDOOR LIGHTS ON THE REAR OF THE UNITS BE SCREENED FROM THE RIVER. 3. THE DEVELOPER RECEIVE STAFF APPROVAL PRIOR TO REMOVAL OF VEGETATION FROM THE BLUFF AREA. 4. A 30 FOOT SETBACK FROM THE BLUFF IS MAINTAINED. 5. NO TOPOGRAPHICAL ALTERATION OF THE BLUFF AND WITHIN 20 FEET OF THE BLUFF IMPACT ZONE IS TO TAKE PLACE. 6. THE MAILBOXES SHALL BE CLUSTERED. 7. THE ENTRY DRIVE SHALL BE POSTED "NO PARKING" AND "ONE-WAY". 8. THE APPLICANT SHALL SUBMIT THE HOMEOWNER'S ASSOCIATION DOCUMENTS AND BUDGET TO STAFF FOR REVIEW. 9. THE DRIVEWAYS SHALL BE A MINIMUM OF 20 FEET LONG. 10. UTILITY METERS AND CONNECTIONS SHALL BE LOCATED ON THE SIDE OR REAR OF THE STRUCTURES. IF LOCATED IN THE REAR, THEY SHALL BE SCREENED FROM THE RIVER. COUNCILMEMBER MOTIN SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO ADD CONDITION 11 STATING THAT EITHER PEDESTRIAN PATHWAYS BE CUT THROUGH THE BERMING FROM YALE STREET TO THE PRIVATE DRIVE TO ALLOW PEDESTRIAN FLOWTHROUGH OR CARS BE ALLOWED TO PARK ON ONE SIDE OF THE PRIVATE DRIVE DEPENDING ON THE FIRE CHIEF'S RECOMMENDATION. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. City Council Minutes July 16, 2001 THE MOTION AS AMENDED CARRIED $-0. Page 7 6.7. Request by Gold Nugget Development, Inc. for Preliminary. Plat (Kliever Lake Fields), Public Hearing- Case No P 01-08 Director of Planning Michele McPherson submitted the staff report. She stated that Gold Nugget Development is requesting preliminary plat approval of Kliever Lake Fields with 98 single-family lots. She stated that Outlot C wouldn't be developed until the townhome ordinance moratorium was lifted. Ms. McPherson discussed lot size, street layout, utilities, park dedication, and landscape design. Mayor I<linzing opened the public hearing. Leroy Brown, 10773 Tyler Street, stated that he was concerned about drainage affecting his adjacent property. Ruth Brown, 10773 Tyler Street, stated that she is concerned about the safety of people using her property to access the marsh, the park, or Wal-mart. She is concerned about people using the power line easement access. Horst Graser, representing the applicant, stated that all drainage on the site will either be moved through the County detention pond or he may need to acquire an easement over the Brown property. Mayor IClinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF KLIEVER LAKE FIELDS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. OUTLOT A SHALL BE DEEDED TO THE CITY FOR PARK WHEN THE PLAT IS RECORDED. 4. A SIDEWALK SHALL BE CONSTRUCTED ALONG STREETS A, B, E AND G. 5. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 6. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A STORMWATER MANAGEMENT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. 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. 10. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. City Council Minutes July 16, 2001 Page 8 11. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. 12. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 13. THE DEVELOPER SHAJ. L BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 14. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 15. THE MAILBOXES SHALL BE CLUSTERED. 16. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS AROUND THE CUL-DE-SACS. 17. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 18. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business None 8. Staff Updates Finance Director LoriJohnson stated that repairs need to be made to the security system in the Police Department holding cells and investigation rooms. She stated that the estimated cost would be $2,300 to come out of the Police Department budget but if funds are not available in this budget, a budget amendment to use Council Contingency funds will be requested. Ms. Johnson stated that Jack Krueser a dedicated and hard-working firefighter for the Elk River Fire Department for 28 years passed away and that she would keep the Council informed of the funeral arrangements. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River , City Council at 8:15 p.m. Tina Allard Recording Secretary