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09-17-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 17, 2001 Members Present: Members Absent: Staff Present: Mayor Iadinzing, Councilmembers Dietz, Kuester, Tveite, and Motin (7:00 p.m.) None City Administrator Pat Iadaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, Finance Director Loft Johnson, Building and Zoning Administrator Steve Rohlf, and 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 K2inzing. Consider 9/17/2001 Agenda City Administrator Pat Iadaers requested that Item 4.6., Award Sale of $3,590,000 General Obligation Water Revenue Bonds Series 200la, be withdrawn from the agenda and the word "permanent" be deleted from the Item 3.3 memo. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1o 3.2. 3.3. 9/4/2001 CITY COUNCIL MINUTES - APPROVED 9/10/01 CITY COUNCIL MINUTES - APPROVED CONSIDER WORKER'S COMPENSATION CONTRACT RENEWAL WITH LMCIT - MOVED TO ITEM 4.6. HIRE DON KARSTENS AS A PART TIME LABORER AT PAY GRADE 2, STEP C- APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Utilities Commission Update Councilmember Dietz stated that the Utilities Commission held a discussion on their building expansion/relocation project. He stated that City Administrator Pat I~daers gave a presentation as to why some councilmembers and city staff would like to see the utilities City Council Minutes Page 2 September 17, 2001 relocate in with the current city hall expansion project. Councilmember Dietz stated that the Utilities Commission would like reassurance from the Council that if Elk River Utilities decided to be included in the city hall expansion project, then Utilities would not have to pay for any land purchase costs. The Council was of the consensus that there would be no charge for the land. Councilmember Dietz stated that the majority of the Utilities Commission is in favor of utilities moving into city hall. 4.2. Park and Recreation Update Director of Planning Michele McPherson stated that she had two acquisition requests for the Council to consider but she is removing one (the Bloomdahl property) at this time. Ms. McPherson stated that Richard LaFavor approached the city with an offer to sell 70 acres of land for city park purposes. Ms. McPherson stated that the property survey, the appraisal, and the wefland delineation costs would need to be determined. Ms. McPherson stated that staff would like to pursue negotiations for the purchase of the 70 acres and that the Park and Recreation Commission recommended continued negotiations to the City Council. Mayor Kdinzing stated that if anyone wished to speak to this issue, they could do so now. Allan LaFontaine, adjacent property owner - Questioned how this proposed property purchase would affect him. He questioned if he would be assessed for any road improvements and he felt that a park was not needed in the area. He also inquired as to the type of uses for a park. Ms. McPherson stated that no plans are in the works at this time but there could be walking trails, a fishing pier, and/or a playground. She stated that the commission would ask for input from the surrounding neighborhoods as part of the park design. Mayor Kdinzing questioned where the figure of $10,000 per acre came from. She stated that this number is high and a lower amount should be considered. It was noted that this figure was the original asking price. Councilmember Kuester stated that this location would be a good choice for a park location and that if a resident is offering parkland to the city it should be seriously considered. Council directed staff to continue negotiations with Mr. LaFavor for the purchase of 70 acres of land and to obtain an appraisal of the property. 4.3. NCDA Update Senior Planner Scott Harlicker stated that the NCDA discussed the status of legislation affecting the Northstar Corridor and he stated that the park and ride facility plans to be open and have buses running by October 1, 2001. 4.4. Consider Bailey Purchase Agreement City Administrator Pat I~daers stated that staff recommends purchasing the Bailey property with a life estate arrangement for the future expansion of the library and/or parking lot. Mr. Klaers introduced Charlie Wilson, the attorney acting on the city's behalf, who would explain the definition of a life estate. City Council Minutes Page 3 September 17, 2001 Mr. Wilson stated that a life estate would mean that Ms. Bailey would retain ownership of the property for the remainder of her life or until she moved out. Mr. Wilson stated that Ms. Bailey would still be responsible for taxes, insurance, and assessments. Mr. Kflaers stated that Council could waive Planning Commission review of this land acquisition if they find it has no relation to the comprehensive plan. He stated that funds would come from the Library Reserve and the acquisition price of $144,000 is based on the appraisal. Council directed staff to have the Planning Commission review this land acquisition. Council took a five-minute recess at 6:40 p.m. 4.6. Consider Worker's Compensation Contract Renewal with LMCIT Finance Director Lori Johnson stated that the worker's compensation insurance plan with the League of Minnesota Cities Insurance Trust (LMCIT) is due for renewal. She stated that in past years the city has taken a $5,000 deductible credit but if the city increased its deductible credit to $10,000 it could see a greater savings. COUNCILMEMBER DIETZ MOVED TO APPROVE THE RENEWAL OF THE WORKER'S COMPENSATION INSURANCE WITH LMCIT WITH A $10,000 PER OCCURRENCE DEDUCTIBLE. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike No one appeared for open mike. 6.1. Request by Richard Chamberlain for Easement Vacation, Public Hearing - Case No. EV 01-02 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting vacation of a portion of a drainage and utility easement in order to construct a new septic drainfield. She stated that the city engineer is requesting additional information be provided to ensure that the surface water drainage from 198 Avenue continues to function once the drainfield is constructed. Councilmember Motin arrived. Mayor Kdinzing opened the public hearing. Richard Chamberlain, 11214 198 Avenue - Stated that he would have no problem getting the city engineer the information he requested. Dave Holland, Project Excavator - Stated that he would be installing the new drainfield and would have no problem complying with the city engineer's comments. Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 01-64 VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED AT 11214 198 City Council Minutes Page 4 September 17, 2001 AVENUE CASE NO. EV 01-02 WITH THE CONDITION THAT THE CITY ENGINEER'S COMMENTS BE ADDRESSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Consider School Small Theater Proposal Principal Jim Voight provided a handout. City Administrator Pat K2aers stated that financing for remodeling the school theater would consist of five annual equal payments with no interest. Mr. Voight commented on the notes in his handout and stated that the School Board would like students to have the use of the little theater during the day. He stated that city and community groups would have a priority for usage of the theater over other groups. Councilmember Dietz stated his concern regarding who would get priority to use the theater space. He stated that he would like to see an agreement drawn up between the city and the school. He felt that the current fees for the gymnasium usage were too high and didn't want the theater usage fees to be set up the same way. Councilrnember Tveite stated that he would like to see a written agreement and felt that members of community groups should be brought into the process of how the agreement would be drawn up. Councilmember Motin stated that he likes the idea of spreading the financing out over a period of five years and he believes the priority for usage of the theater space needs to be worked out into some type of agreement. COUNCILMEMBER KUESTER MOVED TO APPROVE THE FINANCE PLAN WHEREAS OVER THE NEXT FIVE YEARS THE SCHOOL DISTRICT WILL RECEIVE $112,600 FOR A TOTAL OF $563,000 FOR PRESERVING THE SCHOOL SMALL THEATER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elaine Anderson, 17804 Concord Court - Stated that the community theater rarely makes a profit and is glad to see this theater being remodeled and retained. 6.2. Request by Tiller Corporation for Amendment to Conditional Use Permit, Public Hearing - Case No. CU 01-33 Staff report submitted by Building and Zoning Administrator Steve Rohlf. Mr. Rohlf stated that Tiller Corporation is requesting to amend their conditional use permit to modify their reclamation plan. Mr. Rohlf stated that the city and the county would be realigning County Roads 33 and 77 and are coordinating the realignment with MnDOT's Highway 169/County Road 33 interchange project. Tiller Corporation would like to mine the area now in order to accommodate the proposed road realignment. City Engineer Terry Maurer gave an update on the progress of MnDOT's project. Mayor Kdinzing opened the public heating. There being no one to speak to this issue, Mayor Kdinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT TO TILLER CORPORATION TO City Council Minutes Page 5 September 17, 2001 ALLOW THE MODIFICATION TO THEIR RECLAMATION PLAN BASED ON THE FOLLOWING FINDINGS: 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 DISTRICT AND TILLER HAS A VALID MINERAL EXCAVATION PERMIT CURRENTLY ON THE PROPERTY IN QUESTION. TILLER'S PROPOSED RECLAMATION PLAN IS CONSISTENT WITH THE CITY OF ELK RIVER'S EIS ON MINERAL EXCAVATION, COMPREHENSIVE PLAN (INCLUDING THE TRANSPORTATION PLAN COMPONENT), MINERAL EXCAVATION ORDINANCE AND ZONING ORDINANCE, AS WELL AS SHERBURNE COUNTY'S TRANSPORTATION PLAN. THE MODIFICATION TO TILLER'S RECLAMATION PLAN WILL NOT RESULT IN THE LOSS OF NATURAL, SCENIC OR HISTORIC FEATURES OF MAJOR IMPORTANCE AND IT DOES NOT APPEAR TO HAVE THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. o EXISTING CONDITIONS PLACED ON THE OPERATION ADEQUATELY PROTECT ADJACENT PROPERTIES AND THE CITY FROM DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO EXCESSIVE TRAFFIC, NOISE, ODOR, SMOKE, FUMES, GLARE, DUST OR VIBRATION. EXISTING CONDITIONS PLACED ON THE OPERATION REQUIRE THAT IT COMPLY WITH ALL APPROPRIATE STATE AND FEDERAL REQUIREMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Patricia DeMarais-Kirscht for Preschool at Boy's & Girls Club, Public Hearing - Case No. CU 01-29 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting a conditional use permit to operate a preschool at the Boys and Girls Club. She stated that the applicant would be operating between the hours of 8-3:30 p.m. and would not interfere with transportation schedules or normal operational hours of the Boys and Girls Clubs. Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor Kflinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE THE A CREATIVE CHILD PRESCHOOL WITH THE FOLLOWING CONDITIONS: City Council Minutes September 17, 2001 1. THE APPLICANT RECEIVE STATE LICENSURE PRIOR TO COMMENCEMENT OF THE PRESCHOOL OPERATION. Page 6 2. SIGNAGE WILL COMPLY WITH THE CITY OF ELK RIVER SIGN CODE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by Brian Brueske for Preliminary. and Final Plat Approval (.Sunny Acres), Public Hearing - Case No. P 01-12 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting preliminary and final plat approval of Sunny Acres located at the northeast corner of Highway 10 and 165 Avenue. Mr. Harlicker discussed lot size, access, and park dedication requirements. Mayor Fdinzing opened the public hearing for the preliminary and the final plat. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT APPROVAL FOR SUNNY ACRES WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SURFACE WATER MANAGEMENT FEES FOR LOT 1 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. PARK DEDICATION FEES FOR LOT 1 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. THE PROPERTY OWNERS WILL HOOK-UP TO CITY SEWER AND WATER WITHIN THE SPECIFIED TIME FRAME IN THE CITY'S CURRENT ORDINANCE APPLICABLE AT THE TIME THESE SERVICES BECOME AVAILABLE. AND MOVED TO ADOPT RESOLUTION 01-65 GRANTING FINAL PLAT APPROVAL FOR SUNNY ACRES CASE NO. P 01-12. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 17, 2001 6.5. Request by S&T Development for Preliminary. Plat Approval .(Elk River Crossing 3~d Addition), Public Hearing- Case No. P 01-15 Page 7 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicket stated that the applicant is requesting preliminary plat approval of Elk River Crossing 3~d Addition located on the east side of Highway 169 and south of Main Street. He stated that the applicant is requesting to replat Lots 3-5, Block 1, Elk River Crossing and Lot 2, Block 1, Elk River Crossing 2nd Addition into six lots ranging from .74 acres to 1.45 acres. He stated that lot 2 would need to have a shared driveway access. Mayor I~dinzing opened the public hearing. There being no one to speak to this issue, Mayor Kdinzing closed the public hearing. Councilmember Kuester questioned if internal parking would flow between each of these lots. Russ McGinty, speaking on behalf of S&T development - Stated that most likely there would be internal flow between the parking lots but he couldn't state that this would happen between all of the lots. Councilmember Mot. in questioned the type of businesses that would be allowed on these lots. Mr. McGinty stated that the businesses would be service-oriented, such as banks or restaurants. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR ELK RIVER CROSSING THIRD ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ACCESS TO LOT 2 SHALL BE RESTRICTED TO THE EXISTING SHARED DRIVEWAY. o THE EXISTING EASEMENTS ON THE CURRENT PROPERTY LINE SHALL BE VACATED, EXCEPT FOR THE 40-FOOT WIDE EASEMENT THAT EXTENDS FROM THE LIFT STATION TO ZANE STREET, AND NEW EASEMENTS SHALL BE DEDICATED ALONG THE PROPOSED PROPERTY LINES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED $-0. 6.6. Request by Hoyt Partners for Preliminary and Final Plat Approval .(Elk Path Business Center 2nd Addition), Public Hearing - Case No. P 01-17 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is to create a 2.24-acre lot to construct a 42,000 square foot office building. She stated that cash would be accepted for park dedication fees. Mayor F'dinzing opened the public hearing for the preliminary and final plat. There being no one to speak to this issue, Mayor Irdinzing closed the public hearing. City Council Minutes September 17, 2001 Councilmember Motin questioned if the county approves of the access into the office complex from their driveway. Page 8 Lyn Caswell, 580 Dodge Street - Stated that the county is willing to grant an easement to the office complex to an underground parking garage but does not want the access to connect to the parking lot. Mayor Klinzing questioned why 182 Avenue has a cul de sac rather than connecting through to the Sherbume County property. Mr. Caswell stated that the county would prefer a second access to their property but that this would be an additional expense to the developer. He stated that they may be able to obtain access to County Road 30 to the south. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR ELK PATH BUSINESS CENTER 2ND ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE LOT BE LIMITED TO ONE ACCESS POINT ON BUSINESS CENTER DRIVE. 2. PARK DEDICATION FEES BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. STORM WATER MANAGEMENT FEES BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. AND TO ADOPT RESOLUTION 01-66 GRANTING FINAL PLAT APPROVAL FOR ELK PATH BUSINESS CENTER 2Nt) ADDITION CASE NO. P 01-17 COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0 Terry Schneider, Project Developers - Stated that he would be continuing to meet with the county to determine road alignment. Councilrnember Tveite recommended to the developer that they disclose to potential buyers that there would be the possibility that 182 Avenue could extend to the county's driveway rather than ending in a cul-de-sac as presented in the concept plan. He also suggested that the developer keep the lots larger. Councilmember Dietz asked Terry Maurer if there would be proper drainage in this development. Mr. Maurer stated that he hasn't received any drainage calculations and could not make a determination at this time. Councilmember Kuester requested the developer to add more pathways for pedestrian traffic. 6.7. Request by John Weicht & Associates for an Amendment to a Conditional Use Permit ,(Deano's Collision, Public Hearing - Case No. CU 01-30 Staff report prepared by Planner Chris Leeseberg. Senior Planner Scott Harlicker stated that the applicant would like to amend the conditional use permit to allow for a 7,200 square foot City Council Minutes Page 9 September 17, 2001 expansion to Deano's Collision. Mr. Harlicker discussed design standards, landscaping, parking and circulation, and sewer and water. Councilmember Motin disclosed that he did some work in the past for Deano's. Mayor Kflinzing opened the public hearing. There being no one to speak to this issue, Mayor Iadinzing closed the public hearing. Councilmember Kuester questioned why the expansion does not comply with the commercial design standards. John Weicht, 13330 Islandview Drive - Stated that he is proposing to wrap the existing building with the upgraded materials and the two buildings will complete an overall uniform and updated appearance. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR DEANO'S COLLISION WITH THE FOLLOWING CONDITIONS: 1. THE FINAL PLAT OF THE K&L ADDITION SHALL BE RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 3. EXTERIOR BUILDING MATERIALS SHALL COMPLY WITH THE CITY'S CURRENT COMMERCIAL BUILDING STANDARDS. 4. ALL OUTDOOR STORAGE SHALL BE CONFINED TO THE FENCED AREA. 5. ALL OUTDOOR STORAGE SHALL BE SCREENED THROUGH LANDSCAPING AND/OR BERMING. 6. A LANDSCAPE PLAN SHALL BE SUBMITTED FOR STAFF TO REVIEW AND APPROVE. CONNECT TO SANITARY SEWER AND WATER PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE ADDITION. 8. ONE ADDITIONAL HANDICAP PARKING STALL SHALL BE PROVIDED FOR THE DEANO'S COLLISION BUILDING. 9. ALL ASSESSMENTS DUE MUST BE PAID PRIOR TO FINAL PLAT APPROVAL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 10 September 17, 2001 6.8. Request by John Weicht & Associates for an Amendment to a Conditional Use Permit .(Plaisted Companies), Public Hearing - Case No. CU 01-31 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting an amendment to a conditional use permit to construct a 6,000 square foot addition to an existing building and to construct a new 7,200 square foot building. Mayor K2inzing opened the public hearing. Joel Ronallo, 11652 211 Avenue - Stated that the current lighting shines directly into his back yard. He questioned the noise level and recommended a berm be constructed to screen the buildings. He was also concerned with his property depreciating in value due to activities on the site. John Weicht, 1330 Islandview Drive - Stated that he would resolve the lighting issue. He stated that the noise is from the mining operations at the site. Dean Rallo, adjacent property owner - Stated that his concerns were the same as Joel's. Mayor IGinzing closed the public hearing. Mayor IGinzing questioned how a manufacturing building could fit into the mineral excavation zone district. She stated that she is concerned about noise. City Attorney Peter Beck stated that the mineral excavation is an overlay zone but that the underlying zone is 12, which does allow a manufacturing btrilding to be constructed. Mr. Weicht stated that the mining noise is already granted under another conditional use permit for the mining operations. Discussion was held on mining operation hours. Councilmember Kuester stated concerns regarding the heavy truck use on county roads. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ADDITION TO AN EXISTING STORAGE BUILDING AND THE CONSTRUCTION OF A SECOND STORAGE BUILDING TO BE USED TO MANUFACTURE SEPTIC TANKS WITH THE FOLLOWING CONDITION: THAT THE PROPERTY HAVE A BERM TO THE NORTH SIDE SUBJECT TO STAFF APPROVAL AND LIGHTING COMPLIES WITH THE ORDINANCE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Council recessed at 8:40 p.m. for a five-minute break. City Council Minutes September 17, 2001 6.9. 6.10. 6.11. 6.12. Page 11 Request by D.R. Horton for Waiver to Townhome Moratorium Request by D.R. Horton for Rezoning from Rld (Single Family Residential.) to PUD ,(Planned Unit Developmen0, Public Hearing - Case No. ZC 01-06 Request by D.R. Horton for Preliminary, Plat Approval (,Trott Brook Farms South), Public Hearing - Case No. P 01-14 Request by D.R. Horton for Conditional Use Permit (,Trott Brook Farms South), Public Hearing - Case No. CU 01-32 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson gave a brief overview of the development project proposed by D.R. Horton. She stated that the applicant believes they should be issued a waiver to the moratorium ordinance because they feel uses for this site are within anticipated density, the property serves as a transition from commercial to open space, and the development would be a logical extension of Trott Brook Farms. Ms. McPherson stated that staff feels that applicant does not comply with the conditions required for receiving a waiver to the ordinance. Mayor Klinzing stated that she supports the staff recommendation. Councilmember Motin stated that this property was not purchased until after the townhome moratorium was established and the developer was aware of the ordinance. Don Patton, Manager for D.R.Horton - Discussed his development proposal. He stated that there would be a hardship to the property owner due to the assessments being incurred. Councilmember Dietz stated that the developer didn't own this property when the moratorium went into effect and should not be granted a waiver. Mr. Patton stated that he is willing to withdraw his waiver request and have the PUD, preliminary plat, and final plat tabled until the townhome moratorium ordinance has expired. Mr. Patton stated that he would waive all deadline requirements for action and he would be willing to send the applications back to the Planning Commission for review if needed. COUNCILMEMBER DIETZ MOVED TO ALLOW D.R. HORTON TO TABLE ACTION ON THE REZONING REQUEST, THE PRELIMINARY PLAT, AND FINAL PLAT UNTIL THE MORATORIOM ORDINANCE HAS EXPIRED, WAIVE ALL DEADLINE REQUIREMENTS FOR ACTION, AND SEND THESE APPLICATION REQUESTS BACK TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Bob Black, 10976 181 Avenue - Stated that he would like a safe access for entering onto County Road 12 westbound. He stated that the developer is willing to offer access through Trott Brook Farms South Addition. Stoffel Reitsma, 10860 181 Avenue - Stated that the $250,000 assessment to his property is a hardship. He is concerned that the moratorium deadline will be extended. 7. Other Business There was no other business. City Council Minutes September 17, 2001 8. Staff Updates Page 12 City Administrator Pat I~daers stated that on September 24, the HRA is having a worksession discussion with Ehlers and Associates to discuss downtown redevelopment with private developers. He invited the Councilmembers to attend. Mr. Kdaers stated that rumble strips, larger stop signs, and stop ahead signs with flags have been installed on County Road 33 at the intersection of County Roads 33 and 1. 9. Adjournment There being no further business, Mayor Kdinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. .... / " , //'? 5: ,." Recor~ng Secreta~ Tina AHard