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11-17-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 17, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Dave Sellergren, City Attorney; Steve Ach, City Planner; Terry Maurer, City Engineer; Jeff Asfahl, Community Recreation Director; Phil Hals and Mark Thompson, Street Department; Lori Johnson, Assistant City Administrator Also Present: Planning Commission Representative Vicki Sullivan 1. Call Meetin.cl 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 A.qenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE NOVEMBER 17, 1997, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0 3. Consider Consent A.qenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5. 3.6. CHECK REGISTER -- APPROVED 11/3/97 COUNCIL MINUTES - THE FOLLOWING CORRECTION WAS MADE TO THE MINUTES: 4.2. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. (Councilmember Dietz opposed because he did not feel a variance should be granted prior to the ordinance being amended) -- APPROVED WITH AMENDMENT PAUL KRAUSE REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-28, -- POSTPONED TO 12/15/97 RESIGNATION OF MICHELLE DWYER, SECRETARY/RECEPTIONIST AND AUTHORIZATION TO ADVERTISE FOR REPLACEMENT -- APPROVED SPECIAL ASSESSMENT REAPPORTIONMENTS FOR THE FOLLOWING PLATS: HILLSIDE CROSSING THREE -- 75-582-0030 HILLSIDE CROSSING FOUR -- 75-582-0020 HILLSIDE CROSSING FIVE -- 75-582-0010 COUNTRY CROSSING 4TM -- 75-595-0010 AND 75-595-0020 -- APPROVED ADVERTISE FOR CABLE TV PROGRAMMER/PRODUCER -- APPROVED PAY ESTIMATES City Council Minutes November 17, 1997 Page 2 PAY ESTIMATE #7 IN THE AMOUNT OF $106,795.00 FOR WORK COMPLETED ON THE NORTHBOUND LIQUOR STORE -- APPROVED PAY ESTIMATE #3 TO C.W. HOULE IN THE AMOUNT OF .~43,177.12 FOR WORK COMPLETED ON THE MACON STREET/RIVERVIEW DRIVE IMPROVEMENTS -- APPROVED PAY ESTIMATE #2 IN THE AMOUNT OF $72,859.35 TO COLLISYS, INC. FOR WORK COMPLETED ON THE HIGHWAY 169 FENCING AND LIGHTING PROJECT -- APPROVED PAY ESTIMATE #2 TO THOMAS AND SONS, INC. IN THE AMOUNT OF $149,463.36 FOR WORK COMPLETED ON HIGHWAY 10/SIMONET DRIVE TURN LANE IMPROVEMENTS -- APPROVED PAY ESTIMATE #2 TO THOMAS AND SONS IN THE AMOUNT OF $80,484.30 FOR WORK COMPLETED ON THE HIGHWAY 10/PROCTOR INTERSECTION IMPROVEMENTS -- APPROVED PAY ESTIMATE #6 TO R.L. LARSON EXCAVATING, INC. IN THE AMOUNT OF $2,309.69 FOR WORK COMPLETED ON THE ORONO LAKE 3RD, JOPLIN AND LOWELL AVENUE -- APPROVED PAY ESTIMATE #1 TO ELECTRIC SERVICE COMPANY IN THE AMOUNT OF $46,093.65 FOR WORK COMPLETED ON THE HIGHWAY 169 AND 197m AVENUE SIGNAL -- APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. 1998 Bud.qet The City Administrator explained that since the September 8, 1997, adoption of Resolution 97-94, which established the maximum levy and budget for 1998, the city has received additional information from the county regarding the estimated tax rate in Elk River. He indicated that according to the County figures, the total tax rate will be decreasing slightly for 1998. The City Administrator questioned whether the council wanted to consider adding back some of the proposed tax revenue cuts which have been discussed since the adoption of Resolution 97-94. The City Administrator explained that if some of the tax revenue is added back, then the city tax rate will go up from what was discussed on 10/27 and 11/3, however, the total tax amount will still not exceed what was identified in Resolution 97-94 and the tax rate will be less than the 1997 total. The City Administrator suggested that the council consider developing a city tax for partially financing the core village street reconstruction program. He suggested that the street program could be started with approximately $125,000 in tax revenue at this time and then added to in 1999 and then the tax would continue on a yearly basis. Each yearly project in a large scale, city wide street program will need to be funded by assessments, reserves, and taxes. The Council discussed the pros and cons of developing a city tax for partially financing the street reconstruction of the core village. COUNClLMEMBER HOLMGREN MOVED TO FOLLOW STAFFS DIRECTION OF ADDING $125,000 IN TAX REVENUE TO BEGIN A CORE VILLAGE STREET RECONSTRUCTION PROGRAM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION FAILED 2-3. City Council Minutes November 17, 1997 Page 3 4.2. 4.3. 4.4, MAYOR DUITSMAN, COUNCILMEMBER THOMPSON AND COUNCILMEMBER DIETZ OPPOSED. It was the consensus of the Council not to add back any of the proposed tax revenue cuts at this time. Update on Old Municipal Liquor Store City Administrator Pat Klaers indicated that Councilmember Holmgren has expressed some concerns regarding the Council's decision to lease the old liquor store. Some of the concerns include the city's liability while leasing the property; whether it would be best to sell the property rather than lease it; the cost of necessary building improvements to bring the building up to code; and whether this is the best spot for a teen oriented business. The City Administrator stated that he does not believe the city should sell the property at this time. Councilmember Holmgren indicated that he is concerned about the property because of the potential activities that will take place. He suggested that the city have an appraisal to help establish a reasonable market value. He fudher stated that it may be best to sell the propedy on a contract for deed instead of leasing the property. Mayor Duitsman indicated he felt the city should hang on to the property as it will more than likely become more valuable as time passes. After further discussion, it was the consensus to invite the Watzs' to make a presentation to the council regarding their proposal for the liquor store site. Buildin.q Official Updates Building Official Cliff Skogstad updated that council on several building issues which included the following: · The Ryding house - library parking lot · The new liquor store · City hall building health · Ice Arena Drainaqe Issues- Heritage Landin.q City Administrator Pat Klaers indicated that an agreement has been reached regarding the drainage issues in Heritage Landing I & II. The developers have indicated that they would reestablish the drainage in this area on the Heritage Landing I1 easement. The City Administrator explained that since that agreement, a property owner in Heritage Landing II has indicated that he did not agree with the solution. It was the consensus of the Council to move ahead with the plan to re-establish the drainage using the Heritage II easement. The City Council recessed at 7:00 p.m. and moved to the Council Chambers. The mayor reconvened the Council meeting at 7:05 p.m. City Council Minutes November 17, 1997 Page 4 4.5. 4.6. Resolution Authorizing the Execution and Delivery of a Supplement to the Lease Purchase Agreement and Continuinq Disclosure A,qreement in Reference to Refundin,q the 1991 EDA Lease Revenue Bonds Assistant City Administrator Lori Johnson indicated that the successful bidder for issuance of the EDA's City Hall and Law enforcement Facility revenue refunding bond was Piper Jaffray, Inc. The interest rate of 5.0395 yields a total net savings of $147,480.17. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-120 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENT TO LEASE PURCHASE AGREEMENT A CONTINUING DISCLOSURE AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0 Consider Letter of Intent to Purchase Computer Software for Finance 4.7. 4.8. Assistant City Administrator Lori Johnson informed the council that the finance department's current payroll and financial software is outdated and needs to be replaced. She indicated that funds have been included in the 1997 and 1998 budgets for this anticipated purchase. Lori Johnson stated that the finance depadment reviewed several software options from numerous vendors and is recommending to enter into a Letter of Intent to Purchase FundBalance software packages and related implementation and training services. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO ENTER INTO A LETTER OF INTENT TO PURCHASE FUNDBALANCE SOFTWARE PACKAGES AND RELATED IMPLEMENTATION AND TRAINING SERVICES AS OUTLINED IN THE ATTACHMENT TO THE COUNCIL MEMO. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Snow and Ice Control Policy Street Superintendent Phil Hals and Mark Thompson reviewed the snow and ice control policy for 1997-98. COUNCILMEMBER HOLMGREN COUNCILMEMBER FARBER MOVED TO CONTINUE TO CONTRACT WITH BIG JOHN FOR SNOW PLOWING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 1997-98 SNOW AND ICE POLICY AS PRESENTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Update on Board and Commission Appliants The City Clerk indicated that she has contacted the board and commission members whose terms are about to expire to inquire whether they are interested in reappointment. These responses are indicated on the chart in the memo. The City Clerk stated that she has advertised in "The Current" and in the Star News to fill these positions. The advertisement includes vacancies on the Park and Recreation Commission, the Planning Commission and the Library Board. She City Council Minutes November 17, 1997 Page 5 4.9. 4.10. 4.11. 4.12. explained that the Utilities Commission is a Council representative; the Ice Arena Commission are school board and hockey association representatives and the EDA and HRA are mayoral appointments. The City Clerk recommended that the Council reappoint those members who have only served one year and are requesting reappointment. COUNClLMEMBER HOLMGREN MOVED TO ADVERTISE FOR PLANNING COMMISSION, PARK AND RECREATION COMMISSION AND LIBRARY BOARD VACANCIES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO MAKE THE FOLLOWING APPOINTMENTS: JOHN KUESTER - PARK AND RECREATION COMMISSION - 3 YEAR TERM TO EXPIRE 12/31/2000 RON WESTRUM - PARK AND RECREATION COMMISSION - 3 YEAR TERM TO EXPIRE 12/31/2000 TOM MESICH - PLANNING COMMISSION - 3 YEAR TERM TO EXPIRE 12/31/2000 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Community Recreation Update Jeff Asfahl, Community Recreation Director, updated the Council on recent community recreation activities. Utilities Commission Update Councilmember Dietz updated that Council on recent October and November Utilities Commission activities. Lion's Park Teen Center Update Councilmember Thompson updated the Council on the Lion's park teen center proposal. He indicated that the Lion's Club have heard a presentation from the Boy's and Girl's Club. He stated that the Lion's Club have indicated that they are very interested in working together with the Boy's and Girl's Club. Pat Klaers stated that staff supports a Lion's Club/Boy's and Girl's Club joint proposal. City Enqineer Update City Engineer Terry Maurer updated the council on several engineering projects that are taking place. · Proctor and Highway 10 Intersection · County Construction Cost Participation Policy - County adopted as their staff proposed. · Traffic Study on Dodge and Auburn Street City Council Minutes November 17, 1997 Page 6 Councilmember Thompson suggested looking into speed dips to better control traffic in certain areas. 5. Open Mike Lyle Talbot, 1877 Robinson Street, stated he owned property on 193rd and County Road No. 1. He indicated that since 193rd has been closed, his property has topographically changed and is being used to store construction equipment for the Lafayette Woods development work. He further stated that he was not notified of the street closing. Mr. Talbot indicated that the city has attempted to acquire his property previously. He stated that this may be the right time for him to sell his property. Terry Maurer indicated he would contact Mr. Talbot to discuss his concerns. 6.1. Request by David Tollefson for Variance, Public Hearin.q No. V 97-16 Steve Ach, City Planner, indicated that David Tollefson is requesting a 15 foot variance to the 20 foot side yard setback to construct a 24' x 27' detached garage. The applicant is requesting to place the garage 5 feet from the side property line. The property is located at 17713 Cleveland Street. Steve Ach reviewed the staff report on this issue. Steve Ach indicated that the Board of Adjustments recommended to deny the variance. Mayor Duitsman opened the public hearing. David Tollefson, 17713 Cleveland Street, presented pictures of his property showing the location of the proposed building. He stated several reasons for wanting to build the garage at the specific location. Planning Commission representative Vicki Sullivan indicated that the Board of Adjustments voted to deny because the request did not meet the criteria for granting a variance and there were alternative areas to build the garage. There being no further comments Mayor Duitsman closed the public hearing. MAYOR DUITSMAN MOVED TO DENY THE 15 FOOT VARIANCE REQUESTED BY DAVID TOLLEFSON BASED ON THE FOLLOWING FINDINGS: THE APPLICANT DID NOT SHOW THAT THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP IN THAT THERE ARE NO PHYSICAL CONSTRAINTS WHICH PREVENT THE APPLICANT FROM COMPLYING WITH THE REQUIRED SIDE YARD SETBACK. THE LITERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes November 17, 1997 Page 7 6.2, 6.3. Request by Art and Deborah Johnson for Variance, Public Hearin.q Co. V 97-17 City Planner Steve Ach indicated that Art and Deborah Johnson have requested a 23 foot variance to the minimum front setback for an accessory structure at 9956 - 153rd Avenue NW. Steve Ach reviewed staff report. He indicated that the Board of Adjustments recommended denial of the request because the applicant did not meet the criteria for hardship and that there were other alternatives available to locate the garage. 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 DENY THE VARIANCE REQUEST BY ART AND DEBORA JOHNSON, V 97-17, BASED ON THE FOLLOWING FINDINGS: SINCE THERE IS AN ALTERNATE LOCATION WHICH MEETS THE SETBACK REQUIREMENT AND DOES NOT IMPACT THE EXISTING LANDSCAPING OR IRRIGATION SYSTEM, THE APPLICANT DID NOT SHOW THAT THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Rezonin.q Request from C2 to C 1 by Jerry Smith, Public Hearin.q Case No. ZC 97-7 City Planner Steve Ach indicated that Jerry Smith is requesting to rezone certain property from C2 (Office District ) to C1 (Central Commercial) at 907 Main Street. Steve Ach reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the rezoning. Mayor Duitsman opened the public hearing. Clifford Donais, 906 Lookout Place, requested the Council to deny the zone change. Mr. Donais indicated his opposition is due to traffic, noise, garbage and screening. Jerry Smith responded to some of the concerns of Mr. Donais. There being no other comments Mayor Duitsman closed the public hearing. Planning Commission Representative Vicki Sullivan indicated that the Planning Commission recommended approval as the zone change is consistent with the Comprehensive Plan. Councilmember Farber indicated his concern that this is a residential area and some Cl uses could be incompatible with residential neighbors. Steve Ach suggested that issues of lighting and buffering of residential property could be addressed with the zone change. City Council Minutes November 17, 1997 Page 8 COUNClLMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-22, AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C2 (OFFICE DISTRICT) TO C1 (CENTRAL COMMERCIAL) CASE NO. ZC 97-7 WITH THE CONDITION THAT BUFFERING OF THE RESIDENTIAL AREA BE ADDRESSED. THE MOTION DIED FOR LACK OF A SECOND. Discussion was held regarding how to address the residential concerns. It was the consensus of the council to have the applicant present some solutions at the next council meeting. COUNCILMEMBER HOLMGREN TO TABLE THE REQUEST FOR A ZONE CHANGE TO NOVEMBER 24, 1997, PROVIDED THAT THE APPLICANT PRESENT RECOMMENDED SITE IMPROVEMENTS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request for Administrative Subdivision by Jeff and Rita Karsten, Public Hearinq, Case No. AS 97-7 City Planner Steve Ach indicated that Jeff and Rita Karsten have requested an administrative subdivision to subdivide approximately a half acre into two single family lots at the southwest corner of Meadowvale Road and Boston Street. Steve Ach reviewed the staff report on this issue and indicated that staff is recommending approval of the request. Mayor Duitsman opened the public hearing. Jeff Karsten indicated he has the necessary easement descriptions. Mr. Karsten questioned the requirement of park dedication. There being no further comments Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF AND RITA KARSTEN WITH THE FOLLOWING CONDITIONS: DRAINAGE AND UTILITY EASEMENT BE PROVIDED ALONG THE LOT LINES. FIVE FOOT EASEMENTS BE PROVIDED ALONG THE SIDE AND REAR LOT LINES AND TEN FEET ALONG THE FRONT (MEADOWVALE ROAD AND BOSTON STREET). 2. ACCESS TO PARCEL A SHALL BE RESTRICTED TO BOSTON STREET. PARK DEDICATION IN THE AMOUNT OF $600 FOR THE NEW LOT BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $133.68 FOR ONE LOT UNIT BE PAID PRIOR TO RELEASING THE SURVEY FOR RECORDING. o A WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES FOR ONE LOT UNIT PRIOR TO RELEASING THE SURVEY FOR RECORDING. City Council Minutes November 17, 1997 Page 9 IF A HOME IS NOT BUILT ON NEW LOT WITHIN 3 YEARS THAT THE ACCESSORY STRUCTURE BE REMOVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5, Request for Preliminary Plat Approval by Royal Oaks Realty, Public Hearing, Case No. P 97-16 Steve Ach indicated that Royal Oaks Realty is requesting a preliminary plat to subdivide 40 acres into 59 single family lots located north of Highway 10 along Queen Avenue alignment. Steve Ach reviewed the staff report on this issue which included a recommendation from the Park and Recreation Commission and Planning Commission. Mayor Duitsman opened the public hearing. Mike Black, of Royal Oaks Realty, addressed several concerns he had with the recommendations from staff. He questioned why the city is collecting fees for road development of a county road. He stated that he would hesitate to put up a financial guarantee if the roadway is not built in a reasonable amount of time. Mr. Black addressed the issue of park dedication. He indicated that he would prefer not to lose lot 7 to park dedication, however they are willing to go along with the Council's decision. There being further comments matter Mayor Duitsman closed the public hearing. Councilmember Holmgren felt that the although the Park and Recreation Commission is recommending 2 acres of park dedication, 1.88 acres was close enough to 2 acres. Councilmember Dietz indicated that he would like to see the entire 2 acres dedicated to park land as the Commission could have recommended 2.6 acres. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT FOR RIVERPLACE REQUESTED BY ROYAL OAKS REALTY WITH THE CONDITIONS OUTLINED IN STAFF'S 11-17-97 MEMO INCLUDING THE STIPULATION THAT PARK DEDICATION BE 2 ACRES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION FAILED 2-3. MAYOR DUITSMAN, COUNCILMEMBER FARBER, COUNCILMEMBER HOLMGREN OPPOSED. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR RIVERPLACE REQUESTED BY ROYAL OAKS REALTY WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF ALL THE IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE ADDRESSED AND INCORPORATED INTO THE PLANS. City Council Minutes November 17, 1997 Page 10 o DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER CONNECTION OR ELECTRIC FEES. o A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT. PARK LAND IN THE AMOUNT OF 1.88 ACRES BE DEDICATED WITH THE BALANCE OF THE PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH. THE 1.88 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY PONDING AREA. o A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMI'n'ED ALONG WITH THE FINAL PLAT. 8. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE. A COMPLETE GRADING, DRAINAGE AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. 10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 11. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS THEIR REQUIREMENTS. 12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT. 13. A DEVELOPMENT PLAN BE PROVIDED AND REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. 14. THE PLAT SHALL BE REDESIGNED TO INCREASE THE REAR YARD AREA BEHIND LOTS 1 THROUGH 6, BLOCK 4 AND LOTS 13 THROUGH 22, BLOCK 5. 15. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL REQUIREMENTS OF THESE ORDINANCES BE MET. 16. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER. THIS EROSION CONTROL SHALL BE DONE IN COORDINATION WITH THE DNR AND CITY. City Council Minutes November 17, 1997 Page 11 17. THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO INSURE THE FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET. 18. ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE TIME OF CERTIFICATE OF OCCUPANCY. 19. LOT 13, BLOCK $ SHALL BE MODIFIED TO REMOVE THE NARROW EXTENSION TO THE RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2 COUNCILMEMBER DIETZ AND COUNCILMEMBER THOMPSON OPPOSED. Councilmember Dietz and Councilmember Thompson opposed due to the park dedication issue. They both preferred to see a complete 2 acres dedicated as park land. 6.6 Consider Ordinance Amendment to the Manufactured Home Ctosinq Section of the Ordinance, Public Hearin.q Case No. 97-14 Steve Ach explained that the section of the Mobile Home ordinance that is proposed to be amended relates to the time in which residents should be paid prior to the actual closing of the park or its conversion to another use. The existing ordinance allows 60 days. The new ordinance allows for 90 days. Steve Ach indicated that the Planning Commission recommended approval of this amendment. City Attorney David Sellergren suggested that the last sentence in proposed ordinance be amended to read as follows: "Such compensation shall be paid to the displaced residents no later than ninety {90) days prior to the earlier of the closing of the park or its conversion to another use." Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-22 AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE CASE NO. OA 97-14. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. & 6.8. Request by City of Elk River for Ordinance Amendment Re.qardin.q Uses in the C-1 and C-2 Zoning Districts, Public Hearing No. OA 97-11 and OA 97-13 City Planner Steve Ach indicated that the City of Elk River is requesting an amendment to the zoning code that would eliminate multi-family dwellings, townhouses and two family dwellings as allowed uses in the C-2 (Office District) City Council Minutes November 17, 1997 Page 12 and townhouses, single family and two family dwellings as allowed uses in the C-1 (Central Commercial) district. Steve Ach reviewed the staff report on this issue. 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 ORDINANCE 97-23 AMENDING SECTIONS 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO CONDITIONAL USES IN THE C2 AND C1 ZONING DISTRICTS CASE NO. OZ 97-11 AND OA 97-13. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. City of Elk River Request for Ordinance Amendment Reqardin.q Business Park Zonin.q District, Public Hearinq No. OA 97-12 City Planner Steve Ach indicated that the City of Elk River is requesting an amendment to the zoning ordinance to differentiate between the type of uses allowed in the Business Park district. 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 ORDINANCE 97-24, AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO PERMITTED AND CONDITIONAL USES IN THE BUSINESS PARK ZONING DISTRICT, CASE NO. OA 97- 12. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business There was no other business. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, COUNClLMEMBER HOLMGREN MOVED TO ADJOURN THE COUNCIL MEETING. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:25 P.M. Respectfully submitted, Sandra Thackeray City Clerk