Loading...
07-21-2003 CC MINPIEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE LIONS PARK CENTER MONDAY, JULY 21,2003 Members Present: Mayor IClinzing, Councilmembers Dietz, Kuester, Tveite, and Motin Members Absent: None Staff Present: City, Administrator Pat K2aers, Director of Planning Michele McPherson, Senior Planner Scott HarLicker, Planner Chris Leeseberg, City Engineer TerW Maurer, City Attorney Peter Beck, Recreation Manager bv[ichele Berg, Building and Environmental Administrator Steve Rohlf, Cit7 Prosecutor Chris Johnson, and Recording Secretary Tina Allard Also Present: Planning Commissioner Peter Lemke 1. Call Meedng To Order Pursuant to due call and notice thereo~; the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor ICIinzing. 2. Consider Council Agenda COUNCILMEMBER TVIETE MOVED TO APPROVE THE COUNCIL AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3,5. 7/14/03 COUNCIL MINUTES ACCEPT RESIGNATION OF PLANNING COMMISSION MICHAEL JENSON AWARD GUN RANGE EQUIPMENT BID TO CASWELL DETROIT ARMOR IN THE AMOUNT OF $108,075 REQUEST BY CASCADE I LAND CO. FOR PRELIMINARY PLAT APPROVAL (PHEASANT RUN 2ND ADDITION), PUBLIC HEARING - CASE NO. P 03-05 POSTPONED TO 11/17/03 STEP INCREASE FOR BUILDING INSPECTOR DOUG WELLNER COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Utilities Update Councilmember Dietz provided an update of the July 8, 2003, Utilities Commission meeting. Ci~ Council N~mtes July 21, 2003 4.2. Y2v[CA Update Page 2 City Administrator Pat I~aers provided an update of the YMCA meeting held on July 17, 2003. He stated that the committee was looking for volunteers to help at the YMCA booth at the Sherburne County Fair (held last weekend). 4.3. NCDA Update Senior Planner Scott Harlicker provided an update of the Northstar Corridor Development Authority meeting held on July 10, 2003. 4.4. Park and Recreation Update Director of Planning Michele McPherson stated that quotes have been received for park equipment to be installed at Highlands West Park. She stated that she would also like to add the quote for the Apollo chrnber. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE QUOTE FROM EARL F. ANDERSON IN TIlE AMOUNT OF $20,024 AND FROM APOLLO FOR TIlE CLIMBER IN THE AMOUNT OF $11,210. COUNCILMEMBER DIETZ SECONDED THE MOTION. TIlE MOTION CARRIED 5-0. Recreation Manager Michele Bergh provided an update of summer programs ~vithin the Recreation Department. She stated that the Lions Park Center (LPC) facility has been very busy. She stated that some non-profit organizations have been supplying services in lieu of paying fees for the use of park shelters. Mayor I~dinzing invited March Lacher to the podium to speak to the Council. Mardi Lacher, Go Driving School, Inc. stated that the Recreation Department has been partnering with Life Skills, a driving school located in another community. She stated that Recreation helped this company with advertising, discounted rental space, and registration, which has hurt her business in Elk River. She questioned why Recreation offers this program or why Recreation doesn't partner with an Elk River business. Ms. Bergh stated that she received feedback from the community that there was a need for driver's training classes. She stated that she ~vasn't asvare that the fees she was charging were less than ~vhat local businesses were chafing. She stated that safety is one of the program areas for City Recreation. Councilmember Motin stated that he is concerned ~vith LPC being used by a business for operating space regardless if it is partnering with City Recreation or not. City Administrator Pat Klaers stated that you could consider this partnership and program to be sitvfilar to some of the other safety programs offered by Recreation, such as First Aid and Firearms Training. Councilmember Kuester stated that she is concerned with the city being in competition with local businesses and should consider rotating a partnersl~ip with businesses. Mayor ICdinzing stated that the city should not be in the business of subsidizing private businesses. Cit7 Council M/nutes Jtfly 21, 2003 Page 3 The consensus of the Council was to continue this matter to alloxv further research until August 18, 2003. 4.5. Consider Landfill Host Fees Building and Zoning Administrator Steve Rohlf stated that the city, collects a surcharge of $1.00 for each cubic yard of solid waste brought to the landfall. He stated that 25 percent of this surcharge goes into a special fund that can only be used for landf-21 abatement. Rohlf stated that the city ~vould like to replace the surcharge ~vith a host fee at the same $1.00 per cubic yard and that this would allow all fees collected to be used at the city's discretion. Councilmember Modn stated that he disagrees ~vith the city attorney's interpretation of the state statute and is concerned the city will have to repay 25 percent of the fees back to land f-21 abatement. COUNCILMEMBER TVEITE MOVED THAT THE CITY ENTER INTO A HOST COMMUNITY AGREEMENT WITH ELK RIVER LANDFILL, INC. CONTINGENT UPON THE LANDFILL NOT REQUESTING ANY SUSTENTATIVE CHANGES TO THE DRAFT AGREEMENT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Transitional Housing Proposal Mayor Fdinzing explained that the city owns a house it could consider leasing to Love Elk River for transitional housing. Mayor Klinzing stated flaat ~vhen cides have an opportunity they should partner with local organizations on projects that help the tess fortunate. Councilmember Motin stated flaat he is concerned with the city taking on social service responsibilities. Counc/_lmember Tveite indicated this is a unique situation and that dae city is not really in the housing market. Councilmember Kuester stated that she is favorable to leasing out the house as long as it is short term. MAYOR KLINZING MOVED TO LEASE THE BAILEY HOUSE TO HARVEST EVANGELISM DBA LOVE ELK RIVER FOR ONE YEAR TO BE USED FOR TRANSITIONAL HOUSING WITH A SIMILAR LEASE AGREEMENT TO THE HOUSE NORTH OF THE GOLF COURSE CURRENLTY BEING LEASED BY LOVE ELK RIVER WITH THE RENT AMOUNT TO BE SET BY THE CITY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. ' 5. Open Mike No one appeared for Open Mike. Cit7 Council M. mutes Page 4 July 21, 2003 7.1. Request by Rudy Thibodeau for an Administrative Subdivision Public Hearing - Case No. AS 03-03 Staff report submitted by Planner Chris Leeseberg. Nb. Leeseberg stated that the applicant is requesting an administrative subdivision to split one lot into two. He gave an overview of the project and discussed the setbacks. Mayor Ia-2inzing opened the public hearing. There being no one to speak to this issue, Mayor Fdinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE FOLLOWING CONDITION: THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES BEFORE THE ADMINISTRATIVE SUBDIVISION IS RECORDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Request bv Thomas Hartman for Approval of Regtstered Land Survey, Lot 10, Block 2 Fox Haven. Public Hearing - Case No. P 03-06 Staff reported submitted by Senior Planner Scott Harlicker. Nh:. Harlicker stated that the applicant is requesting a Registered Land Survey for Lot 10, Block 2 of Fox Haven. He stated that the lot to be split would be divided among the two adjacent property owners. Mayor Klinzing opened the pubhc hearing. There being no one to speak to this issue, Mayor K3inzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REGISTERED LAND SURVEY WITH THE FOLLOWING CONDITIONS: THE APPLICANT FILE FOR AN EASEMENT VACATION TO VACATE THE EXISTING DRAINAGE AND UTILITY EASEMENTS ON THE LOT LINES BETWEEN LOT 10 AND LOT 9 AND LOT 10 AND LOT 11. 2. NEW DRAINAGE AND UTILITY EASEMENTS SHALL BE GRANTED ALONG THE NEW LOTS LINE. 3. THE EAST HALF OF LOT 10 BE COMBINED WITH LOT 11 AND THE WEST HALF OF LOT 10 BE COMBINED WITH LOT 9. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Request by Thomas Hartman for Easement Vacation. Public Hearing - Case No. EV 03-03 Staff report submitted by Senior Planner Scott Harlicker. Nix. Harlicker stated that the applicant is requesting an easement vacation. He stated that the Counc~ approved a Registered Land Survey to split Lot 10, Block 2, Fox Haven into two parcels and this requires the vacation of a five foot drainage and utility easement along the old side lot hnes. City, Cotmcil Minutes July 21, 2003 Page 5 7.4. 7.5. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public heanng. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 03-03 WITH THE FOLLOWING CONDITION: TRACT A SHALL BE COMBINED WITH LOT 9, BLOCK 2, FOX HAVEN AND TRACT B SHALL BE COMBINED WITH LOT 11, BLOCK 2, FOX HAVEN. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Lynn Lofgren for Conditional Use Perrmt for Montessori School, Public Hearing- Case No. CU 03-16 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit to operate a Montessori School. He discussed zoning, par-king, and Planning Commission action. Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor I43inzing closed the public hearing. COUNClLMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE A MONTESSORI SCHOOL WITH THE FOLLOWING CONDITIONS: IF MORE THAN A TOTAL OF FOUR EMPLOYEES ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. IF MORE THAN A TOTAL OF 30 STUDENTS ARE TO BE ENROLLED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE APPLICANT SHALL OBTAIN AND MAINTAIN A STATE LICENSE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-O. Request by John & Scott Talbot for Conditional Use Permit for Outdoor Storage .(Lumbar Yard), Public Hearing- Case No. CU 03-15 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit for outdoor storage in conjunction with a wholesale distribution facili~. He discussed zoning, landscaping, par'king, and Planning Commission action. Mayor Klinzing opened the public hearing. City, Cotmcil MSmutes July 21, 2003 Page 6 Scott Talbot, 14045 Highway 10, stated that condition seven (regarding building and fire code issues) outlined in the staff report is ne~v to him and he ~vould like it removed as it would be very cosdy to comply. Director of Planning Mschele McPherson suggested that the Council table this issue to the next Council meeting so that the Building Inspector and the Fire Chief could be m attendance. City. Attorney Peter Beck stated that building and fLre codes are part of state law and must be compLied ~vith by the city. He stated that the code is subject to interpretation, and there may be more than one way to meet the intent of the code. Councklmember Tveite stated that he is not comfortable with waiving condition seven. John Hoglund, building o~vner, stated that he is losing money on this building and that he has never had a fnce inspector in the building since 1989 when he first purchased it. Mayor K2inzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH THE FOLLOWING CONDITIONS: THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. 2. DELIVERY VEHICLES SHALL BE STORED IN A STRUCTURE. o IF THE YARD IS TO BE EXPANDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. ALL CHAIN LINK FENCES SHALL HAVE OPAQUE SLATS TO PROVIDE SOLID SCREENING OF STORAGE YARD. PROPOSED LANDSCAPING SHALL BE ON THE ON THE OPPOSITE SIDE OF FENCE AS IS THE STORAGE YARD. THE PARKING AREA SHALL BE RESURFACED WITH ASPHALT OR CONCRETE AND PROVIDE STRIPED PARKING STALLS. ALL CONCERNS OF THE LEAD BUILDING INSPECTOR AND FIRE CHIEF IN THEIR LETTER DATED JUNE 23, 2003 SHALL BE ADDRESSED UNLESS WAIVED IN WRITING. The modon dies for lack of a second. COUNCILMEMBER DIETZ MOVED TO TABLE THIS ITEM UNTIL MONDAY, JULY 28, 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Cit7 Council Minutes July 21, 2003 Page 7 7.6. 7.7. 7.8 Request by City. of Elk River for an Ordinance Amendment Regarding Driveways, Public Hearing - Case No. OA 03-05 Staff report subrmtted by Planner Chris Leeseberg. Nfl:. Leeseberg asked the Council to consider a text amendment to the driveway portion of ~ 30-906 of the City Code of Ordinances. He stated that the current ordinance does not address the number of driveways a property may have or if the drivexvay can be a looped driveway. Councilmember Motin stated that the suggested changes to the ordinance as outlined in the staff report are vague on the restriction of the number of drivexvays. Ms. McPherson suggested ne~v language to the ordinance that ~vas acceptable to the Council and suggested that the item be tabled in order for the Council to review the ne~v wording. Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor I',2inzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO TABLE THIS ITEM UNTIL AUGUST 18, 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by S&Z Investments, Inc. for Rezoning of Certain Property from Rlc Single Family Residential, to R3 To~vnhouse/Multiple Family Residential, Public Hearing - Case No. ZC 03-03 Request by S&Z Investments Inc. for Preliminary. Plat .(West Oaks.), Public Hearing - Case No. P 03-04 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting to rezone property from Rlc to R3 and preliminary plat of West Oaks. He discussed density, layout of the streets and lots, parking, wedands, tree preservation, park dedication, landscaping, and Planning Commission action. City Engineer Terry Maurer stated that the developer should pay for part of the Waco Street improvements. Mayor Iadinzing opened the public hearing. Judy Thompson, 14122 182,,d Avenue, stated flaat dais property should remain zoned single family housing. She stated the lots on the south side are too close to the golf course and there will be many golf balls hitting the homes. She stated this is not a good use of transitional housing between e.'dsting land uses. She asked whether there was a mistake in the original zoning to warrant a change to the R3 district. She is concerned about wedands, wells, and density. She stated that she is opposed to this rezoning and plat. Tom Warner, 18198 145~h Street, Big Lake, stated that he believed only single family homes would be built in the area as the original zoning is Rlc. He stated that if the city changes the zoning it would be inconsistent with the zoning of the surrounding area. He questioned if the rezone would be consistent with the new proposed Comprehensive Plan. He is concerned with density, traffic, and parking. He stated he is opposed to this rezoning and plat. City Council Minutes Page 8 July 21, 2003 Mark Kursner, 14493 183~d Avenue, stated he is opposed to the rezoning and plat. He is concerned about the wedands and density. He stated that a crew came into this development and installed some pipes and now he consistendy has water sitting in his backyard. George Sanford, S&Z Development, stated that the density of this project has been reduced from the original plat. He stated that townhomes are a good transition because there is co~ru-nercial property on one side of the business park. Kelly Barry 14415 183~d Avenue, stated that he was never nodfied of this public hearing or the Planning Commission pubtic hearing. He is opposed to this rezoning and plat due to traffic, density, noise, the water table, wetlands, and drainage. He is also concerned about additional snowmobiles and ATV's riding on his property. Faye Marie Sellner, 14099 182.d Avenue, stated that she opposed to the rezoning and plat due to high density, wedands, and adverse impact to property values. Tom Randall, 14507 153~d Avenue, stated that he is opposed to the rezoning and plat due to the wedands. He stated that this plat will change the water drainage for residents in Big Lake. He is also concerned about wells drying up. Mayor I~dinzing closed the public hearing. Mayor Kdmzing questioned the Comprehensive Plan designation for this area. She also questioned the water issue of Nh:. Kursner and the notification issue of Mt'. Barry. Ms. McPherson stated that the proposed Comprehensive Land Use Plan designates this parcel of land as Urban Residential and is consistent with the current Plan. She also stated that Sherbume County changed their notification process and that Big Lake residents were not originally notified but that they subsequently received notification. City Engineer Terry Maurer stated that the developer has yet to complete any ~vork on this project. He stated that the landowner installed a culvert to facilitate tree removal. Mr. Maurer stated that sometimes developers need to de~vater an area. He stated that on occasion wells wilt dry up but if they do it will be the responsibility of the developer to install a new well for the homeowner. Councilmember Kuester stated that conditions in this location have changed and the R3 townhome district is a good fit as a transitional use between the commercial and the single family residential areas. She stated that she would Like to see more off street parking. Councih~aember Motin and Mayor Kdinzing concurred that this plat is a good transitional use. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03-12 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO R3 (TOWNHOUSE DISTRICT), CASE NO. ZC 03- 03 BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN. City Council Minutes July 21, 2003 2. THE REQUEST WILL NOT ADVERSELY AFFECT ADJACENT PROPERTIES OR LAND USES. Page 9 THE REQUEST PROVIDES AN OPPORTUNITY FOR SEVERAL DIFFERENT HOUSING TYPES AND WILL HELP MEET THE CHANGING HOUSING NEEDS IN THE CITY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR WEST OAKS WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. o A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 9. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 10. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. City Council bih~utes July 21, 2003 11. Page 10 UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES BE CLUSTERED. 17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. NY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT. 22. DEVELOPER SHALL PAY TO THE CITY A FEE PER UNIT FOR THE IMPROVEMENT TO WACO STREET. AMOUNT TO BE DETERMINED BY THE CITY ENGINEER. Cit3r Council Minutes Page 11 July 21, 2003 COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Iadinzing thanked the Big Lake residents for coming before the Council to express their concerns. Tom Warner requested that on furore zoning projects the city post a 4'X_6' sign stating that the property is being considered for rezoning and he requested temporary barricades be installed on 183~d Avenue (to protect dae road from heavy traffic) until the project is complete. NEt. Maurer and N~r. Sanford stated that barricades would be in place for most of the project. 6.1. Highway 10/Main Street Improvements City Engineer Terry Maurer stated that he would like Council direction as to whether to proceed with construction on the Main Street/Highway 10 improvements. COUNCILMEMBER TVEITE MOVED TO PROCEED WITH THE MAIN STREET/HIGHWAY 10 INTERSECTION IMPROVEMENTS IN 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. County Road 44 Reconstruction City Engineer Terry Maurer stated staff received a contract proposal from Sherburne County for the reconstruction of County Road 44. He discussed many points (as outlined in the staff report) as to why the city should not accept this contract. COUNCILMEMBER DIETZ MOVED TO DECLINE THE CONTRACT PROPOSAL REGARDING THE COUNTY ROAD 44 RECONSTRUCTION FROM SHERBURNE COUNTY. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. County, Road 40 Right of Way Mayor K. linzing stated that she is planning on meeting with property owners along County Road 40 to discuss the possibility of the dedication of right-of-way. She stated that she needed input from staff and Council on the road design, whether to install curb and gutter, and whether sewer and water would be installed under the road. Mr. Maurer stated that no clear policy has been established within the city on when curb and gutter should be installed. He stated that County Road 40 borders the urban and rural areas of the city. He recommended a rural style design to save the city money on construction costs. Mr. Maurer stated that sewer and water could be done at the same time as County Road 40. He also stated that a couple of the property, owners could petition the city to request sewer and water. Councilmember Motto stated that the city should consider the long term Transportation Plan before asking for right-of-way dedication. He stated that the road alignment may need to be changed. Ci3' Council N~utes July 21, 2003 Page 12 NLr. Maurer stated that a road realignment is possible and if it could be realigned away from the small properties and more toward the properties owned by developers, then the developer could pick up the expense of most of the right-of-way. 8. Other Business 8.1. Sherburne County. Fair Update - Coun¢ilmember Tveite Councilmember Tveite stated that overall everything went ~vell at the fair. He stated that attendance ~vas low on Saturday, possibly due to severe weather in the area. He also stated that the new entrance (moved due to the construction of the public safety facility) worked out very well. 9. Staff Updates 9.1. Thn Smith House Removal City. Administrator Pat Klaers stated that the city ~vent to court to obtain a financial penalty from Mr. Smith but Judge Pendleton denied the city's request. City Attorney Peter Beck stated that both parties had entered into an agreement that if the house was not removed by a certain date, the city could charge a financial penalty for each day the house remained. This agreement had been approved by Judge Pendleton. ~vk. Beck stated that the Judge decided the violation by Mr. Smith, per the stipulation, was considered contempt of court and that dae city should have fried for a court order for each day that Mr. Smith was in contempt. The more appropriate course of action was for the city to take civil action. Discussion was held regarding the city's power in enforcing nuisance issues and the amount of time and expense involved. Mr. I~daers stated that the city received one appeal regarding the Boston/Concord Street assessments. ~,[r. I~aers stated that some of the downtown businesses are meeting on July 22 to discuss concerns related to the downtown revitalization project. 10. Adjournment There being no further business, Mayor I¥~inzing adjourned the meeting of the Elk River City Council at 9:50 p.m. Trna Allard Recording Secretary