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08-27-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 27, 2001 Members Present: Members Absent: Staff Present: Mayor Iadinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Iadaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, Building and Zoning Administrator Stephen Rohlf, and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:25 p.m. by Mayor Klinzing. Consider 8/27/2001 Agenda Councilmember Dietz requested an update on the overlay project under other business. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3ol. 3.2° 3.4. 3.5. 8/13/2001 CITY COUNCIL MINUTES - APPROVED 8/20/01 CITY COUNCIL AND EXECUTIVE SESSION MINUTES -- APPROVED CHECK REGISTER - APPROVED AUTHORIZATION TO HIRE THE FOLLOWING AS PAID ON-CALL FIRE FIGHTERS -- APPROVED · JASON MAYER · RICH NEIMELA · OWEN DECATHELINEAU -- PAY ESTIMATE #8 - TO RICHARD KNUTSON, INC. FOR WORK ON THE WESTERN AREA PHASE IV IMPROVEMENTS IN THE AMOUNT OF $13,649.25 -APPROVED --PAY ESTIMATE #1 TO MUNICIPAL BUILDERS, INC. FOR WORK ON THE WWTP VENTIALTION SYSTEM AND ROOF IMPROVEMENTS IN THE AMOUNT OF $61,415.60 - APPROVED REQUEST FOR MASSAGE THERAPIST LICENSE FOR JESSICA PALMER TO PRACTICE THERAPEUTIC MASSAGE AT SALINA SPA SALON AT 19262 FREEPORT AVENUE - APPROVED City Council Minutes August 27, 2001 3.6. 3.7. 3.8. 3,9. 3.10. Page 2 RESOLUTION 01-54 APPROVING PREMISE PERMIT RENEWAL FOR THE ELK RIVER-ROGERS VFW POST #5518 TO OPERATE CHARITABLE GAMBLING (PULL TABS) AT THE SUNSHINE DEPOT - APPROVED RESOLUTION 01-55 APPROVING PREMISE PERMIT RENEWAL FOR THE ELK RIVER-ROGERS VFW POST #5518 TO OPERATE CHARITABLE GAMBLING (PULL TABS) AT THE EAGLES CLUB - APPROVED RESOLUTION 01-56 DESIGNATING THE MAXIMUM HOUSEHOLD INCOME LEVEL FOR QUALIFICATION FOR DEFERRAL OF SPECIAL ASSESSMENTS BASED ON HARDSHIP -APPROVED TEMPORARY 3.2 PERCENT BEER LICENSE FOR ELK RIVER LIONS TO SELL BEER ON SALE ON SEPTEMBER 8, 2001 AT THE SHERBURNE COUNTY FAIRGROUNDS FOR THE SHERBURNE FALL DEMO DERBY - APPROVED TEMPORARY LIQUOR LICENSE FOR THE ELK RIVER LIONS TO SELL LIQUOR ON SALE ON SEPTEMBER 15, 2001, AT THE ELK RIVER FIRE DEPARTMENT FOR THE ANNUAL FIRE DEPARTMENT OPEN HOUSE -- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Consider Resolution Providing for the Sale of $3,590,000 General Obligation Water Revenue Bonds Series 200lA The City's bond consultant Rusty Fifield of Ehlers & Assodates, Inc. indicated that the City would be issuing General Obligation Water Revenue Bonds on behalf of the Elk River Munidpal Utilities to finance new water system facilities. Rusty indicated that there might be an opportunity to reduce interest costs by allowing him to shift the bond sale off the regular Council meeting date if necessary. He stated that if this were the case, approval of the bond would be delegated to the Mayor and City Administrator. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-57 PROVIDING FOR THE SALE OF $3,590,000 G.O. WATER REVENUE BONDS, SERIES 200lA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Violation of Plat Approval in Mississippi Oaks 2nd Addition Building and Zoning Administrator Steve Rohlf reviewed the staff report on this issue. He explained that Mr. Gordon Moldenhauer is in violation of the plat approval requirements of Mississippi Oaks 2nd Addition. The violation entails the removal of a number of trees from the bank of the stream located in the plat. Mr. Rohlf stated that cutting the trees would cause erosion of the riverbank. Mr. Gordon Moldenhauer, Vice President of Mississippi Oaks Development Company, reviewed the history of the land. He explained his reason for cutting down the trees, stating that he wanted to enhance the area by cleaning it out. He stated that it was not his intent to recklessly do something that should not have been done. City Council Minutes Page 3 August 27, 2001 Steve Rohlf noted that in order to ensure no further degradation to the bank of the waterway and to stabilize it until it is fully revegetated, he is recommending that Mr. Moldenhauer prepare a restoration plan and provide a conservation easement in favor of the city. Councilmember Motin questioned what exacdy was violated. Steve Rohlfindicated that the City's Attorney indicated that Mr. Moldenhauer has violated the City's subdivision ordinance and a condition of his plat approval. COUNCILMEMBER MOTIN MOVED THAT MR. GORDON MOLDENHAUER TAKE THE FOLLOWING STEPS TO PREVENT FURTHER DEGRADATION TO THE BANK OF THE WATERWAY AND TO STABALIZE THE BANK UNTIL IT IS FULLY REVEGETATED: THAT MR. MOLDENHAUER PREPARES A RESTORATION PLAN THAT IS REVIEWED AND APPROVED BY THE DNR, SHERBURNE COUNTY SOIL AND WATER DISTRICT, AND CITY STAFF. THAT THE RESTORATION PLAN INCLUDE, AT A MINIMUM, ABSOLUTELY NO GRADING, THAT STUMPS REMAIN IN PLACE, REVEGETATION OF THE AREA TAKE PLACE, AND NO ADDITIONAL CUTTING OF VEGETATION (INICLUDING BRUSH). THAT MR. MOLDENHAUER PROVIDE A CONSERVATION EASEMENT IN FAVOR OF THE CITY ON THAT PART OF LOTS 1 THROUGH 11, MISSISSIPPI OAKS 2nD ADDITION THAT FALLS BELOW 872 FEET MEAN SEA LEVEL, AND THAT THE EASEMENT WILL BE BINDING ON FUTURE PURCHASERS OF THE LOT. THAT MR. MOLDENHAUER COMPLIES WITH THE ABOVE REQUIREMENTS WITHIN TWO MONTHS AND THAT IF THIS IS NOT COMPLIED WITHIN TWO MONTHS THAT IT IS BROUGHT BACK TO THE COUNCIL TO DETERMINE IF THERE SHOULD BE FURTHER ACTION TAKEN. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Elaine Anderson 17804 Concord Court stated that she is a board member of the Elk River Area Arts Council and a member of the Arts Alliance. Mrs. Anderson stated that the litde theater at the High School is in jeopardy of being destroyed unless the school received $500,000 to save it. She indicated that there currently is no space in Elk River for the performing arts. She requested the Council to consider adding a small amount of land to the land the City is considering donating for the family center for the performing arts. A resident of 18633 Concord Court requested the Council to reconsider its action on his driveway variance. Mayor K3inzing indicated that in order for the Council to reconsider its action, someone on the prevailing side would have to bring the motion back to the table. She indicated that no one has come forward at this time to reconsider the motion and therefore, the Council action is still binding. City Council Minutes August 27, 2001 Page 4 The Council recessed at 7:50 p.m. and reconvened at 7:55 p.m. 6.1. Request by Elk River Station, LLP for Waiver to the Townhouse Moratorium Senior Planner Scott Harlicker indicated that the applicant is requesting a waiver to the townhouse moratorium. He stated that the developers of Elk River Station have been actively discussing this project with the staff and Planning Commission since last year and have made formal presentations to the Planning Commission and City Council prior to the moratorium being implemented. COUNCILMEMBER TVEITE MOVED TO WAIVE THE TOWNHOUSE MORATORIUM REQUIREMENTS FOR THE ELK RIVER STATION PLAT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Elk River Station, LLP for Land Use Amendment to Change the Land Use From LI, Light Industrial and LR, Low Density Residential, to CC, Community. Commercial and MR, Medium Density Residential, and to Bring Property. into the Urban Service District, Public Hearing - Case No. LU 01-02 6.3, Request by Elk River Station, LLP for Rezoning from Rla and A1 to PUD ,(Planned Unit Development), Public Hearing - Case No. ZC 01-03 6.4. Request by Elk River Station, LLP for Preliminary Plat Approval .(Elk River Station), Public Hearing - Case No. P 01-05 6.5. Requst by Elk River Station, LLP for Conditional Use Permit (Elk River Station), Public Hearing- Case No. CU 01-08 Senior Planner Scott Harlicker gave an overview of the location of the plat. Developer, Len Pratt introduced those present which included Paul Sween, Mark Moorhouse, and Chris Barnes representing Dominium Apartments; Derrick Passe, Passe Engineering; Brian Lubben, BIO/; Jim Johnson, Hakansen-Anderson; and Marc Putman, Putman Design Group. Mr. Pratt then proceeded with a Powerpoint presentation of the Elk River Station. Mr. Pratt noted that although the Planning Commission recommended denial of the preliminary plat, zone change, and conditional use permit, he had been working with staff to address the Planning Commission's concerns. He indicated that some of the concerns regarding traffic, grading and drainage are being addressed with the City Engineer. He also indicated that he was certain that he would be able to resolve all of the Planning Commissions concerns. Following the presentation Mayor Iadinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Senior Planner Scott Harlicker gave the staff report on the land use amendment. Scott explained that the land use amendment involves extending the urban service district to include 50 acres of property and changing the land use plan designation from light industrial and low density residential to community commercial and medium residential. Scott indicated that the Planning Commission voted to recommend approval of the land use amendment and noted that staff is also recommending approval. City Council Minutes August 27, 2001 Page 5 Mayor I~dinzing indicated that she is opposed to the land use amendment. She stated her reasons for opposition, which include the extension of the urban service district, changing property to a higher density, and eliminating light industrial property. She also indicated her concern of how the plat would affect the light industrial businesses that are currendy located in the area. Councilmember Tveite indicated that he felt comfortable with the land use amendment due to the unique manner in which the property is being developed and also due to the unique location and its tie-in with the commuter rail. Councilmember Kuester indicated that she is in favor of the land use plan due to the uniqueness of the plat and because of the mixed uses in the PUD. She further indicated that it was an opportunity to support the rail station. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 01-58 TO AMEND THE URBAN SERVICE AREA MAP OF THE COMPREHENSIVE PLAN TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE DISTRICT AND TO CHANGE THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM LIGHT INDUSTRIAL AND LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL (LU 01-02). COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1. MAYOR KLINZING OPPOSED. The Council discussed whether to move forward with the remainder of the items even though the Planning Commission recommended denial. The City Administrator indicated that even though the Planning Commission recommended denial, staff is recommending postponing any decision until the Environmental Assessment Worksheet (~AW) has been completed. The City Engineer noted that most of the storm drainage and other larger issues have been resolved with the developer. He noted that he is still working with the developer to resolve the traffic issues. COUNCILMEMBER MOTIN MOVED TO POSTPONE ITEMS 6.3 (REZONING), 6.4 (PRELIMINARY PLAT) AND 6.5 (CONDITIONAL USE PERMIT) UNTIL AFTER THE RESULTS OF THE EAW HAVE BEEN RECEIVED. COUNCILMEMBER KUESTER SECONDED THE MOTION. Mayor Klinzing indicated that she would be voting against these issues because she is opposed to the urban service area being extended, to the light industrial area being eliminated, and that she is concerned with the buffer between the residential and light industrial. She also indicated her concern with phasing of the plat which calls for only residential on the east side of Tyler Street in phase I. THE MOTION CARRIED 5-0. Councilmember Dietz stated that he agrees with the Park and Recreation Commission's recommendation on park dedication. Councilmember Kuester and Motin concurred. Councilmember Tveite indicated that he also agrees with the Park and Recreation Commission's recommendation on park dedication. He stated that he likes the development City Council Minutes Page 6 August 27, 2001 and design standards however he has a concern with voL, ring private and public streets in the plat. He suggested that the developers work with Street/Park Superintendent Phil Hals regarding this issue. Councilmember Tveite also stated that he wants to see the results of the LAW and the traffic and other issues resolved before moving forward. 7. Other Business Councilmember Dietz questioned whether the city received a waiver from all of the residents in McChesney Park for the overlay project. City Engineer Terry Maurer stated that he had waivers from all residents but one and that he has been in contact with the outstanding resident. He noted he would have an answer within a day or two. City Administrator Pat I~daers informed the Council that there have been two accidents at County Road 33 and County Road 1 within the past week. He suggested that the Council express its concern to the County Highway Department regarding the dangerous situation at that intersection. COUNClLMEMBER TVEITE MOVED TO INSTRUCT STAFF TO WRITE A LETTER TO THE SHERBURNE COUNTY HIGHWAY DEPARTMENT INFORMING THEM OF THE SITUATION AND REQUESTING THEM TO PLACE LARGER STOP SIGNS AND RUMBLE STRIPS AT THE LOCATION. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5=0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor K3inzing adjourned the meeting of the Elk River City Council at 9:30 p.m. Sandra Peine City Clerk