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01-21-1997 CC MINSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 21, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Park and Recreation Commission Members Present: Dana Anderson, Dave Anderson, Rolfe Anderson, Kent Madsen, John Kuester, Clair Olson, Lana Huberty, and Ron Westrum Planning Commission Representative: Bob Minton Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Scott Harlicker, Planning Assistant; Phil Hals, Street/Park Superintendent; Tom Zerwas, Police Chief; Lori Johnson, Assistant City Administrator; Dave Sellergren, City Attorney; Cliff Skogstad, Building Official 1. Call Meetinq 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 Duitsman. 2. Consider Council A.qenda Item 9.4. was moved to #7.3. on the agenda. Mayor Duitsman indicated he had some other business to discuss. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Discussion with Park and Recreation on Possible Public Referendum Bond Issue Park and Recreation Commission Chair Dana Anderson indicated that the Park and Recreation Commissioners are supporting a park bond referendum. Dana Anderson indicated that the idea of a park bond referendum has been discussed for a number of years. He indicated that the city has been in an acquisition mode in relation to parks and the Park and Recreation Commission feels it is time to consider some major capital improvements and developments in the park system. Dana Anderson indicated that in 1989 the city hired Decision Resources to do a random survey about issues facing the city. The survey concentrated on park and recreation activities and included questions about a community center. Dana indicated that the Park and Recreation Commission felt that the community center issue should not be included with the park bond referendum. The Park and Recreation Commission Chair requested feedback from the City Council regarding the park bond referendum. Dana Anderson indicated that the Park and Recreation Commission recently held a special meeting to discuss the park and recreation needs of the city. He indicated that during the meeting the Elk River City Council Meeting January 21, 1997 Page 2 group developed a wish list and a draft timeline for the bond issue. Chair Anderson reviewed the wish list and time line with the Council. Mayor Duitsman indicated that the city will soon be looking at other issues such as a community center and bonding for industrial development which will all affect the tax rate of the city. Mayor Duitsman indicated that he felt a park bond referendum was a good idea, however he did not feel the community center and park bond referendum issues should be separate issues or that they should be considered separate from other city needs. He stated that the idea of a community center has to be defined by the citizens. Mayor Duitsman indicated that the Minnesota Sports Federation has no bearing on whether the city considers the need for a community center. Dana Anderson indicated that his major concern is that the timeline will be too long and the price too large if the community center is included in the bond referendum. He felt that a park bond referendum would be able to move ahead much faster alone and will show the citizens that the city is on a progressive track. He further indicated that the park bond referendum could help address some of the youth problems the city is experiencing. Dana Anderson commented that the Park and Recreation Commission would like to move forward so as to work on this issue during the summer. He further indicated that to include the community center will draw out the process. Councilmember Dietz stated that if the two issues were on the ballot together, the park issue would get lost in the overwhelming cost of the community center. He stated that the Park and Recreation Commission's wish list considers all ages of the community. He further indicated that people move into the community and expect to have these types of amenities. He indicated that he felt the citizens of Elk River would be open to a park bond referendum. Councilmember Dietz stated that the Minnesota Sports Federation building will take care of part of the community center issues. Councilmember Farber indicated that he agrees with moving forward with the park bond referendum. He further indicated that the citizens who move into the city do expect these types of amenities. Councilmember Farber indicated that the city is considering construction of an overhead bridge crossing Highway 169 which will include the need for a trail system to connect to the bridge. He further stated that there is a shortage of trails and parks on the eastern side of the city. Councilmember Holmgren stated that the wish list created by the Park and Recreation Commission must be prioritized and specific improvements identified. He further indicated that cost has not been discussed. He indicated that the citizens of the city will need to be better informed prior to voting on the issue. Councilmember Holmgren also indicated he would like to see the 1989 Decision Resources survey updated. Councilmember Thompson indicated he would like to see a more definite plan as to how the project will be completed. He suggested including the question of a community center in the survey to find out how citizens want to spend their money. He further indicated that there is a need for parks on the east side of the city. Elk River City Council Meeting January 21, 1997 Page 3 The Council concurred that a survey should move forward now. Additionally, the Council concurred that the community center and Park and Recreation issues should be separate referendum questions which should be presented to the public at two different times. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE PARK AND RECREATION COMMISSION TO GET A PROPOSAL FROM DECISION RESOURCES TO CONDUCT A SURVEY OF A GROUP OF ELK RIVER CITIZENS AND TO INCLUDE IN THE SURVEY THE QUESTION REGARDING A COMMUNITY CENTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 6:45 p.m. and reconvened in the Council Chambers at 6:55 p.m. 5. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.1. 5.2. 5.3. 5,4, 5.6a. 5.6b. 5.7. 5.8. 5.9. 5.10. 5.11. AMERICAN PORTABLE TELECOM REQUEST FOR REZONING TO ANTENNA OVERLAY DISTRICT, CASE NO. ZC 96-20 - POSTPONED TO 2/18/97 AMERICAN PORTABLE TELECOM REQUEST FOR CONDITIONAL USE PERMIT, CASE NO. CU 96-26 - POSTPONED TO 2/18/97 PAYMENT OF $1,727.52 TO SHERBURNE COUNTY AS A PARTIAL REBATE OF INTEREST PAYMENT FOR THE PARKING LOT PUBLIC IMPROVEMENT PROJECT - APPROVED MOTION AUTHORIZING BUILDING OFFICIAL TO ATTEND THE COLORADO CHAPTER EDUCATIONAL INSTITUTE - APPROVED AUTHORIZATION TO PROCEED WITH THE BIDDING PROCESS FOR A TRACTOR AND LIQUID MANURE SPREADER FOR THE WASTEWATER TREATMENT PLANT - APPROVED PAY ESTIMATE #10 TO GRIDOR CONSTRUCTION, INC., IN THE AMOUNT OF $81,449 FOR WORK ON THE INDOOR ICE ARENA EQUIPMENT - APROVED PAY ESTIMATE #8 TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA PROJECT IN THE AMOUNT OF $332,308 - APPROVED AUTHORIZATION FOR THE CITY PLANNER AND TWO PLANNING COMMISSION MEMBERS TO ATTEND THE NATIONAL PLANNING CONFERENCE - APPROVED RESOLUTION 97-4 OF SUPPORT FROM SPONSORING AGENCY IN THE MATTER OF THE TRANSPORTATION ENHANCEMENT IMPROVEMENT OF 1997 - APPROVED RESIDENTIAL LOT INVENTORY OF PLATTED SUBDIVISIONS - REVIEWED JANUARY 6, 1997, CITY COUNCIL MINUTES -APPROVED CHECK REGISTER - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike No one appeared for this item. Elk River City Council Meeting January 21, 1997 Page 4 7.]. 7.2, 9.4. GFOA Finance Award Mayor Duitsman presented Assistant City Administrator Lori Johnson with the Certificate of Achievement for Excellence in Financial Reporting for the 1995 Fiscal Year. Consider COPS FAST Grant Chief Zerwas indicated that the city received authorization through the COPS FAST Grant for two additional police officers. The Police Chief indicated that if fhe Council accepts the reward he anticipates filling the two positions in April or May. He further indicated that this would allow an existing officer to be assigned to investigations and another to traffic enforcement detail. Councilmember Dietz requested the Police Chief to provide information regarding all of the officers that have been hired including the number of years in which the city should be paid through the COPS FAST grant, and when all of the officers will be on the city's payroll. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO ACCEPT THE COPS FAST AWARD FOR TWO POLICE OFFICERS WITH THE STIPULATION THAT THE POLICE CHIEF PROVIDE THE INFORMATION REQUESTED BY COUNCILMEMBER DIETZ. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ice Arena Update City Administrator Pat Klaers indicated that all appointments to the Ice Arena Commission have been made. He stated that terms for the Commission are three years, however, the Council should establish some one and two year terms at the beginning so that all terms do not expire during the same year. COUNClLMEMBER HOLMGREN MOVED THAT THE ICE ARENA COMMISSION TERMS BE AS FOLLOWS: JEFF GONGOLL - ONE YEAR JEFF ASFAHL - THREE YEARS LARRY FARBER - THREE YEARS DALE MARTIN - TWO YEARS DAVE TAUS - ONE YEAR RON JOHNSON - THREE YEARS THOMAS KUPKA - TWO YEARS COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator introduced Pat Barnett from Mortenson Construction and City Building Official Cliff Skogstad. Pat Barnett addressed some of the problems that have taken place during the construction of the ice arena including the delay for installing the bleachers. Councitmember Dietz questioned whether the arena could be available for use without bieachers for a varsity game on Saturday. Pat Barnett indicated that this could be possible. Cliff Skogstad concurred. Pat Barnett indicated that the ice arena would be completed by the end of the month and skating started on schedule on 1/13/97. Elk River City Council Meeting January 21, 1997 Page 5 8.1. The City Administrator indicated he had received a petition indicating the displeasure with the lack of effort put forth to complete the new arena, especially with the installation of the bleachers. This petition was entered into the record. Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearin.q Case No. GP 96-2 IPostponed from 11/18/96 Council Meetinq) City Planner Steve Ach reviewed this issue with the City Council. He stated that on September 24, 1996, staff received a closure statement from Earl and Lorraine Hohlen indicating their intent to close Elk Terrace Mobile Home Park. The City Council discussed this park closure on November 18. He further indicated that the Council continued the public hearing and directed Earl Hohlen and Mr. MacGibbon to negotiate with the owners of the mobile homes in the park in order to arrive at a resolution. A handout from the mobile home residents was distributed which included the following information: · Estimates for transporting mobile homes · A letter to the Mayor and Council from the Elk Park Terrace residents regarding Bloomington's Manufactured Home Park Ordinance · Bloomington's Manufactured Home Park Ordinance · Two letters to Anita Sieben from Earl and Lorraine Hohlen · A list of the mobi:e home owners indicating year, size, and assessed value of the mobile homes · A list of mobile home parks including addresses, phone numbers, and what types of homes would be accepted in the park · A letter to Anita Diker from Elk Terrace Mobile Home Court. Mayor Duitsman continued the public hearing at this time. John MacGibbon, attorney for Earl Hohlen, indicated that the residents of the mobile home park have been cooperative. He stated that Earl Hohlen has met with many of the residents which has resulted in a general knowledge as to the amount of money needed for a buyout situation. He indicated that the amount of money needed is more than what the Hohlens can manage. Mr. Hohlen indicated that it is to the advantage of all parties to get the matter resolved. He stated that there are plans involving the Hohlen property that would be to the ad~,ancement of the city and, therefore, the timeliness of the move would be to the advantage of the city. He indicated that under the existing statute, the law provides that the governing body may require a payment by the park owners to the displaced residents for the reasonable cost to relocate. He further stated that to the best of his ability, the law has not accomplished what it was designed to accomplish and therefore the City Council should be responsible to determine what the reasonable relocation costs would be. Heather Bergman informed the Council that no progress has been made. She stated that many people will benefit from the purchase of Hohlen's property, but the people leaving the park will not benefit. She stated there are no available lots in which to move the trailers for a 25 mile radius. She further indicated that Elk River City Council Meeting January 21, 1997 Page 6 Mr. and Mrs. Hohlen are not prepared to negotiate and that all the residents of the park have given the Hohlens what they have asked for. Shawn Sieben indicated that the residents would like to adopt the Bloomington ora:nance with three changes as follows: To pay the homeowners according to the appraised value if they cannot be moved to a suitable location within a 25 mile radius. $900 in additional compensation to cover moving costs. If homes are valued at assessed value, the residents have the option to keep fhe title to their home. Beth Frazier from APAC reviewed the state statute regarding closure of mobile home parks. Christine McGovern indicated she was a resident of a mobile home park in Hopkins that had recently closed. She reviewed the procedure that was followed for closing the park and the settlements that were received. Shawn Sieben indicated that the Bloomington ordinance requires that the total compensation paid to the residents by the park owner not exceed 20 percent of the purchase price of the park. He indicated that if Earl Hohlen only takes into consideration the 8 acres which the mobile home park is located on, 20 percent would not be near enough to caver the relocation costs. Discussion was held by the Council whether 20 percent was an acceptable figure and whether or not the Bloomington ordinance meant 20 percent of the mobile home property or the entire property. City Attorney Dave Sellergren indicated that 20 percent was a figure which could be amended by the City Council and that it was up to the Council whether they wanted to include this issue or not. Duane Lundeen indicated he would like Earl Hohlen to make a decision so that the people can get on with their lives. He further indicated he was told by Earl Hohlen that Earl would buy him out, however this has not happened. Kurt Julius indicated he heard that Earl Hohlen would be building a new park and was also told that Earl Hohlen would buy him out. Mayor Duitsman stated he does not feel the Council is in a position to determine what a fair payoff is for the residents. He further stated he felt a 20 percent cap could limit the ability to negotiate. Councilmember Holmgren indicated he felt the residents should be offered the assessed value, plus their title, and $900 dollars. Gerald Willis indicated he was told he could move his trailer onto a lot in Elk River. City Planner Steve Ach indicated he would contact Mr. Willis regarding city regulations concerning mobile homes. COUNCILMEMBER HOLMGREN MOVED TO INSTRUCT THE CITY A'I'I'ORNEY TO DRAFT TWO ORDINANCES SIMILAR TO THE BLOOMINGTON ORDINANCE WITH ONE Elk River City Council Meeting January 21, 1997 Page 7 ORDINANCE TO INCLUDE PAYMENT OF THE ASSESSED VALUE AND THE TITLE OF THE HOME, PLUS $900 MOVING EXPENSES, AND THE OTHER ORDINANCE TO INCLUDE THE APPRAISED VALUE OF THE HOME PLUS $900 MOVING EXPENSES AND TO HAVE THE CITY ATTORNEY TO REVIEW THE PURCHASE PRICE CAP ISSUE AND TO MAKE A RECOMMENDATION REGARDING THIS ISSUE. COUNCILMEMBER FABER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING FOR TWO WEEKS UNTIL FEBRUARY 3, 1997, AT 7:00 P.M. COUNCILMEMBER FARBER SECONDED THE MOTION. Mr. MacGibbon stated that his client Earl Hohlen would be Jn favor of the Bloomington ordinance with the 20 percent cap. THE MOTION CARRIED 5-0. The Council recessed at 9:00 p.m. and reconvened at 9:07 p.m. 8.2. John Weicht and Associates, Plaisted Companies Request for Conditional Use Permit, Public Hearinq Case No. CU 96-27 Planning Assistant Scott Harlicker indicated that John Weicht and Associates are requesting a conditional use permit to allow the expansion of the maintenance facility shop at Plaisted Companies. The location of the maintenance shop facility is 11555 205th Avenue NW. He explained that the Plaisted Companies is proposing to construct two additions to their existing building on County Road 32. The Planning Assistant reviewed the staff report on this issue. He indicated that the Planning Commission and staff recommend approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission's main concern was that the truck washing facility comply with all state and local codes. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY JOHN WEICHT AND ASSOCIATES TO CONSTRUCT AN ADDITION TO THE MAINTENANCE SHOP WITH THE FOLLOWING CONDITIONS: AN ADDITIONAL SIX EVERGREEN TREES SHOULD BE PLANTED APPROXIMATELY 15 FEE ON CENTER IN TWO ROWS IN THE AREA BETWEEN THE TRUCK ACCESS AND THE WEST PROPERTY LINE. THE ACCESS TO SHIELY PROPERTY TO THE WEST BE PAVED TO MATCH THE PAVING ON THE WEST SIDE OF THE PLAISTED BUILDING. ELEVATIONS OF THE PROPOSED SHOP ADDIITON ARE NEEDED. THE EXTERIOR OF THE ADDITION SHOULD MATCH THE EXTERIOR OF THE EXISTING BUILDING. ANY TRUCK WASHING FACILITY BE REVIEWED BY THE BUILDING DEPARTMENT AND INSTALLED IN COMPLIANCE WITH ALL STATE AND LOCAL CODES. Elk River City Council Meeting January 21, 1997 Page 8 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. Scott Breuer Construction Request for Easement Vacation, Public Hearin.q Case No. EV 96-4 Planning Assistant Scott Harlicker stated that Scott Breuer Construction, Inc., is requesting that the city vacate 5 feet of a 15 foot drainage and utility easement on the south side of their lot in the LaFayette Woods subdivision, 19594 Quinn Circle NW. He indicated that the applicant is requesting to construct a house on the lot and that vacating 5 feet of the easement on the south property line would allow the house to fit on the lot. Scott Harlick:er indicated that according to the city engineer vacating 5 feet would not prevent proper maintenance of the existing storm sewer. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 97-5, A RESOLUTION FOR VACATING, DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER HOLMG,REN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.4. Pat Heyin.q Request for Preliminary and Final Plat Approval (Heyin.q Addition) Public Hearinq, Case No. 96-11 City Planner Steve Ach indicated that Pat Heying is requesting a preliminary plat for Heying Addition to subdivide approximately 4.9 acres into four commercial lots. He further indicated that Pay Heying is also requesting a final plat approval for the Heying Addition. The property is located at the northwest corner of Highway 169 and School Street. Steve Ach reviewed the staff report on the preliminary and final plat approval. Steve Ach indicated that staff recommends approval of the preliminary plat with the 15 conditions as listed in staff's memo. Mayor Duitsman opened the public hearing. Robert Gallitz indicated his concern regarding traffic and recommended making an in access only off of School Street to the proposed Holiday store. He further suggested synchronizing the lights on School Street and Freeport Avenue. Planning Commission Representative Bob Minton indicated that the Planning Commission met at a workshop and discussed issues relating to the plat. There being no further comments from the public, Mayor Duitsman closed the public hearing. Mayor Duitsman suggested the entrance locations to the plat should be included for approval of the plat. City Engineer Terry Maurer responded to Robert Gallitz' comments. Elk River City Council Meeting January 21, 1997 Page 9 COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR HEYING ADDITION, SUBDIVIDING APPROXIMATELY 4.9 ACRES INTO FOUR COMMERCIAL LOTS WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED JANUARY 17, 1997 BE INCORPORATED INTO APPROVAL OF THE FINAL PLAT. VEHICLE ACCESS TO THE PROPOSED PLAT BE LIMITED TO THREE DRIVEWAYS, ALL OCCURRING ON FREEPORT AVENUE IN ACCORDANCE WITH THE CONCEPT PLAN FOR THE HEYING ADDITION DATED 12/11/96. NO ACCESS WILL BE ALLOWED TO LOT 1, BLOCK 1 DIRECTLY FROM SCHOOL STREET. o CROSS ACCESS AND CROSS PARKING AGREEMENTS WILL NEED TO BE PROVIDED FOR THE SHARED DRIVEWAY AND PARKING ARRANGEMENTS PROPOSED ON THE PLAT. ADDITIONAL DRAINAGE AND UTILITY EASEMENTS TO COVER THE PROPOSED STORM WATER MANAGEMENT PONDS WILL NEED TO BE REFLECTED ON THE FINAL PLAT. o THE EXISTING SCHOOL ADMINISTRATION BUILDING WILL NEED TO BE REMOVED ALONG WITH ALL EXISTING UTILITIES PROPERLY CAPPED OR REMOVED PRIOR TO CONSTRUCTION COMMENCING ON LOT 1, BLOCK 1. o A NPDES PERMIT WILL NEED TO BE OBTAINED PRIOR TO COMMENCING ANY GRADING ON SITE. o A GRADING AND DEVELOPMENT PLAN WILL NEED TO BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING. J GRADING IN MN/DOT RIGHT OF WAY WILL REQUIRE A PERMIT. THIS MUST BE OBTAINED AND A COPY PRESENTED TO THE CITY PRIOR TO COMMENCING WORK. GRADING OF THE PLAT WILL NEED TO BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH DEVELOPMENT OF THE FIRST BUILDING CONSTRUCTED WITHIN THE PLAT. 10. A SURFACE WATER MANAGEMENT FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 11. PARK DEDICATION WILL NEED TO BE PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. 12. A WATER AVAILABILITY CHARGE WILL NEED TO BE PAID TO ELK RIVER MUNICIPAL UTILITIES IN THE AMOUNT OF $300 PER LOT. VERIFICATION OF THIS PAYMENT MUST BE PROVIDED TO THE CITY PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 13. ALL OUTSTANDING ENGINEERING AND LEGAL FEES WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. Elk River City Council Meeting January 21, 1997 Page 10 14. ANY IMPROVEMENTS MADE WITHIN A DRAINAGE AND UTILITY EASEMENT SHALL BE SUBJECT TO REMOVAL AT THE PROPERTY OWNER'S EXPENSE IF ANY UTILITY WORK NEEDS TO BE DONE WITHIN THE EASEMENT. 15. AN EASEMENT DOCUMENT BE PREPARED COVERING THE EXISTING SIDEWALK ALONG SCHOOL STREET. THIS EASEMENT WILL NEED TO BE EXECUTED AND RECORDED ALONG WITH THE FINAL PLAT. 16. THAT FREEPORT SHALL BE NAMED FREEPORT STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-6, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR HEYING ADDITION, CASE NO. P 96-11. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.5. City of Elk River Request for Final Plat Approval for Parkview Addition (Cass Property) Case P 96-12 City Planner Steve Ach indicated that the City of Elk River is requesting final plat approval to subdivide 115 acres into one single family lot and two outlots. The property is located at the southwest corner of 165th Avenue and Jarvis Street. He informed the Council that the preliminary plat of the property was approved by the Council on December 16, 1996, and included a total of six single family lots and one outlot. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 97-7, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PARKVIEW ADDITION, CASE NO. P 96-12 WITH THE FOLLOWING CONDITIONS: A DISCLOSURE DOCUMENT BE PREPARED AND INCLUDED ALONG WITH THE SALE OF EACH PARCEL IN THE PLAT, NOTIFYING THE BUYER OF PLANNED SURROUNDING LAND USES, POSSIBLE STREET IMPROVEMENTS, AND OTHER PERTINENT ISSUES THAT MAY BE OF INTEREST TO THE PROSPECTIVE HOMEOWNER. THE APPROPRIATE DEVELOPMENT FEES ASSOCIATED WITH RECORDING THE PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON LOT 1, BLOCK 1, A PERCOLATION TEST AND SOIL BORINGS BE PROVIDED TO THE CITY TO DETERMINE THE APPROPRIATE FINISHED FLOOR ELEVATIONS. o THE PROPOSED WETLAND MITIGATION ON LOT 1, BLOCK 1 BE COMPLETED PRIOR TO THE SALE OF THE LOT OR HAVE AN AGREEMENT WITH THE PROSPECTIVE HOMEOWNER REGARDING THE MITIGATION WORK TO BE COMPLETED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting January 21, 1997 Page 11 8.6. 8.7. City of Elk River Request for Ordinance Amendment, Case No. OA 96-16 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting an ordinance amendment to amend the zoning code to make hotels/motels and Class I restaurants a conditional use in the C3/Highway Commercial District. Scott Harlicker indicated that the main benefits of requiring a conditional use permit are as follows: A conditional use permit provides an opportunity for input from the City Council, Planning Commission, and public prior to the issuance of a building permit. Certain issues such as traffic, landscaping, signage, etc., are reviewed by the Planning Commission and City Council. Scott Harlicker indicated that at the November 26, 1996, Planning Commission meeting, Paul Bell, owner of Bridgeman's restaurant spoke out against the proposed ordinance amendment as he felt it placed an undue burden on business owners. Mayor Duitsman opened the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission voted against the amendment with a 4-3 vote. Bob Minton indicated that he voted in favor of the proposed amendment. He indicated he felt that there were too many issues involved with restaurants and felt that public input should be allowed. There being no further comments from the public, Mayor Duitsman closed the public hearing. Councilmember Farber indicated that he did not see any advantage to the conditional use requirement. He indicated that he felt it placed a burden on business owners. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-1, AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO HOTELS/MOTELS AND CLASS I RESTAURANTS IN THE C3/HIGHWAY COMMERCIAL DISTRICT, CASE NO. OA 96-16. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. City of Elk River Request for Ordinance Amendment Re.qardin.q Desiqnatin.q the Planninq Commission as Board of Adjustments, Public Hearin.q Case No. OA 96-17 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to amend the zoning code designating the Planning Commission as the Board of Adjustments. Scott Harlicker indicated that currently the City Council functions as the Board of Adjustments. He indicated that the Planning Commission also reviews and makes recommendations to the City Council on variances and appeals. Scott Harlicker explained that having the Planning Commission function as the Board of Adjustments would shorten the process and time period for Elk River City Council Meeting January 21, 1997 Page 12 applicants. He recommended that there be no fee assessed for appeals to the City Council. Scott Harlicker indicated that the Planning Commission and staff recommended approval of this amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated that he was in favor of designating the Planning Commission as the Board of Adjustments. Councilmember Farber indicated he felt the responsibility of being elected is to hear recommendations from the Planning Commission. Councilmember Holmgren indicated that people may not appeal to the Council because of the concept of "not being able to fight City Hall". He further felt that it is the elected officials responsibility to deal with these types of issues. The City Administrator suggested that state statutes currently allow the Council to act as the Board of Adjustments without input from the Planning Commission. Discussion was held regarding the fact that the Planning Commission normally handled the technical aspects of zoning requests and that the City Council relied on the Planning Commission's expertise. Councilmember Holmgren indicated that the City Council could always send the request back to the Planning Commission for their review. Discussion was held indicating the fact that this would make the process even longer than it is now. COUNCILMEMBER FARBER MOVED TO DENY THE ORDINANCE AMENDMENT REQUESTED BY THE CITY OF ELK RIVER TO DESIGNATE THE PLANNING COMMISSION AS THE BOARD OF ADJUSTMENTS, CASE NO. OA 96-17. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. It was the consensus of the City Council to draft an ordinance designating the City Council as the Board of Adjustments and eliminating the Planning Commission review of variances and appeals. 9.1. Community Recreation Board Update Councilmember Holmgren informed the Council that the City of Zimmerman has withdrawn from the Community Recreation organization. He further indicated that Hassan Township has also stated that it intends to withdraw from the Board and Livonia Township is being requested by the City of Zimmerman to join them. Councilmember Holmgren indicated that it may be necessary to modify the joint powers agreement because of these changes. 9.2. Utilities Commission Update Councilmember Dietz updated the Council on the January Utilities Commission meeting. Elk River City Council Meeting January 21, 1997 Page 13 9.3. Consider Hirin.q Greystone Construction Company as Construction Manaqer for the New Northbound Liquor Store Project City Administrator Pat Klaers indicated that Gary Tushie, architect for the Northbound Liquor Store project, has recommended that the city hire Greystone Construction Company as the construction manager for the new Northbound Liquor Store project. The City Administrator explained that under the construction management approach the city would hire Greystone to manage all of the subcontractors. Councilmember Holmgren indicated his concerns regarding whether this was the best approach so as to ensure that the city gets the best possible price for the project. He also indicated his concern regarding local contractors being able to bid on the project. Councilmember Farber indicated his concern regarding avoiding Union problems. COUNCILMEMBER FARBER MOVED TO HIRE GREYSTONE CONSTRUCTION COMPANY AS THE CONSTRUCTION MANAGEMENT FIRM FOR THE NORTHBOUND CONSTRUCTION PROJECT AS OUTLINED IN THE ATTACHMENTS TO THE CITY ADMINISTRATOR'S MEMO DATED JANUARY 21, 1997. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.5. Chamber of Commerce State of City Address It was the consensus of the Council to have the City Administrator ask the Chamber of Commerce on which topics it would be interested in hearing from the City Council during the State of the City Address. 9.6. Review A.qenda for Joint County/City Council Meetinq on January 27, 1997 City Administrator Pat Klaers informed the Council that a joint meeting has been called for the City Council with Sherburne County Board of Commissioners for January 27, 1997. The Council reviewed topics that were discussed during a joint meeting in March, 1996. City Engineer Terry Maurer indicated that he felt the jurisdiction of streets and roads should be discussed. 9.7. Reappointment of Larry Farber to EDA MAYOR DUITSMAN MOVED TO REAPPOINT LARRY FARBER TO THE EDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.8. Special City Council Meetinq with School Board COUNCILMEMBER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR FEBRUARY 10, 1997, AT 7:00 P.M. FOR THE PURPOSE OF MEETING WITH THE SCHOOL BOARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting January 21, 1997 Page 14 10. Other Business Mayor Duitsman informed the Council that the Elk River Area Chamber of Commerce has formed a Highway 169 Task Force comprised of volunteers from the business community. The purpose of the Task Force is to mobilize citizen support for construction of a fence along Highway 169 and to implement a plan to generate funding for the fencing. Mayor Duitsman indicated that it is to the city's advantage to have the Chamber work on this issue. He further indicated that he and the city engineer were on the Committee. 9.9. Verbal Update on Otse.qo Meetin,q Mayor Duitsman informed the Council that he and members of the city staff met with the Mayor of Otsego and members of Otsego city staff to discuss the possibility of consolidation of the two cities. Mayor Duitsman indicated that he felt there were advantages to study the issue of consolidation. He further indicated that the Mayor of Otsego and one Councilmember were not in favor of consolidation at this time. Mayor Duitsman indicated he felt it was important to continue communication regarding this subject and also to discuss the possibilities of sharing services with the City of Otsego such as fire protection and sewage treatment plant access. COUNC:ILMEMBER HOLMGREN MOVED TO DIREC:T STAFF TO STUDY THE POSSIBILITY OF ACCESS TO THE CITY'S SEWER TREATMENT PLANT TO THE CITY OF OTSEGO. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman indicated that he has been informed that the water quality of Lake Orono is decreasing at a rapid rate. He indicated that Steve Rohlf will be looking into this issue. 11. Staff Updates There were no staff updates. 12. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 10:45 p.m. Respectfully submitted, Sandra Thackeray City Clerk