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06-17-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 17, 2002 Members Present: Mayor Iadinzing (6:25 p.m.), Councilmembers Dietz, Kuester, Motto, and Tveite Members Absent: None Staff Present: Ci~ Administrator Pat ICdaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Ci~ Attorney Peter Beck, Util/des General Manager Bryan Adams, Recreation Manager Michele Berg, and Recording Secretary Tina Allard Also Present: Park and Recreation Commissioner John Kuester and Planning Commissioner Dana Anderson 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 6:02 p.m. by Vice Mayor Tveite. 2. Consider 6/17/2002 Agenda Director of Planning Michele McPherson stated that the applicant for Item 6.8. and 6.9. requested that these t~vo items be tabled until july 15, 2002. It was decided that the pubhc hearing for these items would still be held and would then be continued until July 15, 2002. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3,1. 3.3. 3.4, 6/10/2002 CITY COUNCIL MINUTES REQUEST BY ROGER JOHNSON FOR ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING - CASE NO. AS 02-04 - POSTPONED TO JULY 15, 2002 REQUEST BY GRUBB & ELLIS FOR FINAL PLAT APPROVAL (ELK RIVER CROSSING 4TM ADDITION), PUBLIC HEARING - CASE NO. P 02-13 - POSTPONED TO JULY 15, 2002 REQUEST BY GRUBB & ELLIS FOR EASEMENT VACATION, PUBLIC HEARING - CASE NO. EV 02-04 - POSTPONED TO JULY 15, 2OO2 COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Nfinutes June 17, 2002 4.1. Utilities Commission Update Page 2 Councilmember Dietz updated the Council regarding the Elk River Utilities Commission meeting held on June 4, 2002. 4.1.A. Update on Furore Water Facilities Utilities General Manager Bryan Adams discussed his concerns for the growth of Elk River and the need for more water production facilities. He stated that water usage has changed due to more residents sprinkling their lawns. He informed the Council of possible locations of future water production facilities located east of Highway 169. Councilmember Tveite suggested that future water production facilities be included in the Comprehensive Plan update. Councilmember Dietz inquired whether Utilities could charge higher rates to customers who use more water. Mr. Adams stated that it would be difficult to accomplish this in a fair manner. He stated that Utilities does charge summer and winter rates to all customers. 4.2. NCDA Update Senior Planner Scott Harlicker stated that the NCDA has decided to continue its efforts to develop commuter rail despite the fact the funding for this year has been denied at the state level. 4.3. Park and Recreation Commission Update Director of Planning Michele McPherson provided the Council ~vith an update of the June 12, 2002, Park and Recreation Commission meeting. 4.4. Comprehensive Plan Update Director of Planning Nhchele McPherson stated that the Task Force held an organizational meeting, completed a tour of the city, and held their second public meeting. At the public meeting a game was played and the results of the game will be reviewed at the next Task Force meeting. Mayor I~dinzing arrived at 6:25 p.m. 4.5. Consider Facihw Use Policy Changes City Administrator Pat K. laers stated that the Lions Club has concerns regarding the fees, scheduling, and use (by City Recreation) of Lions Park Center (LPC). He stated that the city has met with representative from the Lions Club to discuss their concerns. NLr. I4daers stated that the LPC is new and more policy changes may be necessa~ in the future. Recreation Manager Michele Bergh presented the changes to the LPC policy. She also stated that there have been issues with parking availability. Councilmember Dietz suggested that service organizations be informed that if thev want to reserve the facility they need to do some advanced planning. Ms. Bergh stated that the recreation department schedules the facility, two to four months in advance and resident service organizations can reserve up to 18 months in advance. City. Council NLinutes June 17, 2002 Page 3 Lion's Club members in attendance indicated their support for the policy changes. Nh:. IHaers stated that organizations not failing under the 501(c)(3) category might want to be charged the same rate as 501(c)(3) organizations. Those organizations would need to appeal to the Council. Councilmember Kuester suggested some organizations using the facility on an ongoing basis be allo~ved to handle their own building supervision so they don't have to pay the building supervision fee. Ms. Bergh stated that Recreation would like to remain consistent in enforcing the policy. She ~vould be concerned about issuing keys to the building and feels that the person supervising the building must remain separate from any activities taking place in the building. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHANGES TO THE LIONS PARK CENTER POLICY AS PRESENTED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Consider Funding Request from Boys & Girls Club Development Director of the Boys & Girls Club Peg Riecken stated that the Boys & Girls Club would like to form a partnership ~vith the city. She requested $10,000 from the City Council to help fund a Safety Awareness Program. She discussed the program and its past funding. Nh:. Klaers suggested that the Boys & Girls Club work with City Recreation and their Safety Camp program. COUNCILMEMBER TVEITE MOVED TO DONATE $5,000 FROM THE COUNCIL CONTINGENCY FUND TO THE BOYS & GIRLS CLUB SAFETY AWARENESS PROGRAM. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Consider Settlement Agreement ~vith Dwight KSrkeide City Engineer Terry Maurer stated that a settlement agreement has been reached ~vith Mr. Kirkeide for the acquisition of a piece of his property for the Zane Avenue Improvements. Mr. Maurer reviewed the terms of the settlement agreement. COUNCILMEMBER MOTIN MOVED TO ACCEPT THE SETTLEMENT AGREEMENT AND DIRECT THE CITY ADMINISTRATOR TO EXECUTE IT ON BEHALF OF THE CITY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Consider Calling Special Council Meedng xvith HRA at 5:00 p.m. on June 24, 2002 COUNCILMEMBER TVEITE MOVED TO HOLD A SPECIAL MEETING WITH THE HRA AT 5:00 P.M. ON JUNE 24, 2002 TO REVIEW DEVELOPMENT PROPOSALS FOR THE DOWNTOWN AND TO DISCUSS AFFORDABLE HOUSING ISSUES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ci~ Council Minutes June 17, 2002 5. Open Mike There was no one present for open mike. 6.2. Page 4 Request bv Kathrvn & Donald Martin for Conditional Use Permit - Private Kennel, Public Hearing - Case No. CU 02-15 Staff report submitted by Planner Chris Leeseberg. Nix. Leeseberg stated that the applicant is requesting a conditional use permit for a private kennel. He reviewed the site conditions and the request. Mayor Ia-dinzing opened the public hearing. Kathy Martin 19947 Polk Street - Stated that a privacy fence has been installed on the property,. Mayor 1,2linzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE NO ON SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING, OR SELLING. 2. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. 3. THAT THE APPLICANT RECEIVE A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. 4. THE NUMBER OF DOGS OVER SIX MONTHS SHALL NOT EXCEED FIVE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-O. Request by Robert Cullinan for Conditional Use Permit for Parking of Semi Truck Tractors and Trailers in A-1 Agricultural Zoning District, Public Hearing - Case No. CU 02-17 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that Robert Cullinan is requesting a conditional use permit for a home occupation to allow semi truck and trailer parking for his trucking business. He discussed the ouday of the property and Planning Commission action. Mayor Kdinzing opened the public hearing. There being no one to speak to this issue Mayor F-2inzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (SEMI TRUCK AND TRAILER PARKING FOR A TRUCKING BUSINESS) WITH THE FOLLOWING CONDITIONS: City Council N[inutes Page 5 June 17, 2002 I. IF MORE THAN FOUR SEMI-TRACTOR/TRAILERS AND/OR MORE THAN TWO STRAIGHT TRUCKS ARE NEEDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. ALL EQUIPMENT SHALL BE STORED INSIDE. 3. HOURS OF OPERATION SHALL BE LIMITED TO 7:00 A.M TO 6:00 P.M., MONDAY THROUGH FRIDAY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Charlotte/Sherri Gatewood for Conditional Use Permit for Fitness Facility (Elk 6.4. Park Center), Public Hearing - Case No. CU 02-20 Staff report submitted by Senior Planner Scott Harlicker. ix, gr. Harlicker stated that Charlotte and Sherri Gatewood are requesting a conditional use permit to open a fitness facility (It Figures) in Elk Park Center. He discussed building layout, parking, and Planning Commission action. Mayor K1/nzing opened the public hearing. There being no one to speak to this issue, Mayor IClinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A FITNESS FACILITY IN ELK PARK CENTER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Rick Austin for Rezoning from R4 ~Iultiple Family Residential) to C3 (Highway Commercial), Public Hearing - Case No. ZC 02-06 Request by Rick Austin for Conditional Use Permit to Operate a Commercial Recreational Facility (Indoor Go-Kart wdth Video Games), Public Hearing - Case No. CU 02-16 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that Rick Austin is requesting: 1) to rezone property located at 321 Baldwin Avenue from R4, Multiple Family Residential, to C3, Highway Commercial, and 2) a conditional use permit for a commercial recreational facility to operate an indoor go-kart racetrack. Ms. McPherson discussed building layout, hours of operation, and Planning Commission action. Mayor IClinzing opened the public hearing. Greg Bossany, 304 Bal&vin Avenue - Stated that he met ~vith many of the neighbors in the area and they are opposed to this property being rezoned to C3. Robert Hall, Owner of Pineview Apartments, 723 3~d Street - Stated that he submitted a petidon from many of the residents in the neighborhood who oppose the rezoning request. He stated there are many residences in the area and the property should not be rezoned from R4 to C3. Mr. Hall is concerned about increased congestion, hours of operation, noise, property damage, and safety. Carol Hall, Owner of Pineview Apartments, 723 3~d Street - Stated that the teen center already located in the area is causing problems with teens smoking on their property, City Council Minutes Page 6 June 17, 2002 climbing on their garages, littering on their lawns, and walking through their parking lots. She is concerned with supervision on the outside of the go-kart facility.. Mayor Iadinzing closed the public hearing. Councilmember Modn and Mayor Iadinzing agreed that they were concerned about having these residents surrounded by C3 zoning. They would like to see the ~vhole area redeveloped and eventually zoned to C3. They don't want the neighbors caught in between C3 zonings. They felt the go-kart facility, would be good to have in the communi~ but not at this location. COUNCILMEMBER MOTIN MOVED TO DENY THE REZONING REQUEST AT 321 BALDWIN AVENUE. MAYOR KLINZlNG SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMMBER MOTIN MOVED TO DENY THE CONDITIONAL USE PERMIT AT 321 BALDWIN AVENUE, AS THE PROPERTY IS NOT PROPERLY ZONED FOR COMMERCIAL RECREATION. MAYOR K.LINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council took a five-minute recess at 7:40 p.m. 6.6 Request bv Kevin Meland for Administrative Subdivision. Public Hearing - Case No. AS 02-07 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that Kevin Meland is requesting an administrative subdivision to split Lot 1, Block 1 Dunham Addition into t~vo parcels in order to resolve a mortgage foreclosure issue. Mayor Ia-flinzing opened the public hearing. There being no one to speak to this issue, Mayor Iadinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ADMINIS- TRATIVE SUBDIVISION REQUEST BY KEVIN MELAND WITH THE FOLLOWING CONDITION: 1. THE APPROPRIATE EASEMENTS SHALL BE GRANTED ALONG ALL LOT LINES AS REQUIRED BY CITY ORDINANCE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request bv innovation Homes, Inc. for Preliminary, Plat Approval .(Echo Hill), Public Hearing - Case No. P 02-09 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg discussed lot layout, lot size, park dedication requirements, and Planning Commission action. Mayor Iadinzing opened the publ/c hearing. Ron Nizolek, 12275 Rush Circle - Stated that he is concerned about tree removal damage, erosion control, and vegetation located at this site. He felt that two and half acres is not a City. Council Nfinutes Page 7 June 17, 2002 sufficient lot size for these parcels. He suggested that the amount of black top should be reduced, such as shortening the driveway lengths. Jim Klein, Dynamics Design - Stated that he chose two and half acre lot sizes due to the slopes located on this parcel of property, and the need to get the house pads and septic systems away from these slopes. Mayor Klinzing closed the public hearing. Discussion was held regarding drainage issues and whether the cul-de-sac could be moved to reduce damage to trees and erosion to slopes. COUNCILMEMBER KUESTER MOVED TO TABLE THIS ISSUE UNTIL JULY 15, 2002 TO ALLOW STAFF TO WORK WITH THE DEVELOPER ON THE LOCATION OF THE CUL-DE-SAC AND THE LOT LINES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. 6.9. Request by Tollefson Development for Rezoning from R1E (Single Family Residential) to R3 Townhouse/Muldple Family), (Twin Lakes Crossing) Public Hearing - Case No. ZC 02-07 Request by Tollefson Development for PrelLminary Plat Approval (Twin Lakes Crossing), Public Hearing- Case No. P 02-05 These items were tabled at the request of the applicant. Mayor Klinzing opened the public hearing. No one spoke at the public hearing. COUNCILMEMBER TVEITE MOVED TO CONTINUE THE PUBLIC HEARING TO JULY 15, 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request by City. of Elk River for Preliminary. and Final Plat Approval (Grace Addition), Public Hearing - Case No. P 02-10 Staff report submitted by Director of Planning Nlichele McPherson. Ms. McPherson stated that Grace Assembly of God Church is requesting preliminary and final plat to subdivide one parcel into two. She stated that the city has been negotiating with the church to purchase one of the parcels for parkland. She discussed the plat layout, park dedication fees, and Planning Commission action. Mayor K2inzing opened the public hearing. There being no one to speak to this issue, Mayor IClinzing closed the public hearing. Councilmember Motin stated that a condition should be stipulated in the purchase agreement requiring park boundaries to be marked as required by ordinance. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT AND TO ADOPT RESOLUTION 02-50 GRANTING FINAL PLAT APPROVAL FOR GRACE ADDITION CASE NO. P 02-10 WITH THE FOLLOWING CONDITIONS: 1. THE UTILITY EASEMENT SHALL INCLUDE TRAIL RIGHTS. City, Council M. inutes June 17, 2002 Page 8 2. THAT PARK DEDICATION FEES BE PAID FOR ONE LOT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11 Request by Assembly of God Church for Conditional Use Permit for Site Plan, PubLic Hearing - Case No. CU 02-19 Staff report submitted by Director of Planning l'¢[ichele McPherson. Ms. McPherson stated that Grace Assembly of God Church is requesting a conditional use permit to construct a church. She discussed the church layout and future expansion plans, parking, design standards, landscaping, and Planning Commission action. Mayor KXinzing opened the pubLic hearing. There being no on to speak to this issue Mayor Fdinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR GRACE ASSEMBLY OF GOD CHURCH WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. 3. THE BUILDING SHALL COMPLY WITH THE BUILDING AND FIRE CODES. 4. ADDITIONAL PARKING SHALL BE PROVIDED AS REQUIRED BY CODE. A REVISED LANDSCAPE PLAN COMPLYING WITH THE ORDINANCE SHALL BE SUBMITTED FOR STAFF REVIEW AND APPROVAL. THE PLAN SHALL INCLUDE LANDSCAPE ISLANDS IN THE PARKING AREA. 6. THE DRIVE AISLE ADJACENT TO THE ENTRY SHALL BE SIGNED "ONE WAY TRAFFIC" WITH THE ENTRY CLEARLY MARKED. 7. BRICK THREE FEET HIGH SHALL BE ADDED TO THE BASE OF THE BUILDING FACADE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12. Request by STM Development for Conditional Use Permit for Site Plan .(Elk River Crossing), Public Hearing- Case No. CU 02-18 Staff report submitted by Planner Chris Leeseberg. Nh:. Leeseberg stated that STM Development is requesting a conditional use permit to allow the construction of a commercial multi-tenant facility, in Elk River Crossing 2~d Addition. He discussed design standards, landscaping, parking, signage, and Planning Commission action. City Council 3[inutes Page 9 June 17, 2002 Mayor I(flinzing opened the public hearing. There being no one to speak to this issue, Mayor I~tinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A COMMERCIAL MULIT-TENANT FACILITY WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. A DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME MATERIALS AND COLORS AS THOSE USED IN THE BUILDING. ONLY TWO WALL SIGNS PER TENANT SHALL BE ALLOWED; ONE FRONTING ZANE STREET AND THE OTHER FRONTING HIGHWAY 169. THE LANDSCAPE PLAN SHALL MEET THE CITY'S REQUIREMENTS BY ADDING FIVE OVERSTORY TREES. IN LIEU OF A MONUMENT SIGN, THE END CAP TENANTS MAY HAVE ADDITIONAL SIGNAGE ON THE NORTH AND SOUTH WALLS. 7. THREE (3) HANDICAP-PARKING STALLS SHALL BE PROVIDED. A FUTURE ACCESS TO THE LOT TO THE SOUTH SHALL BE PROVIDED TO PROVIDE EFFICIENT INGRESS AND EGRESS FOR THE TWO LOTS. o AN ACCESS TO THE LOT TO THE NORTH SHALL BE PROVIDED WITH SIMILAR PLACEMENT OF THE SOUTH LOT ACCESS. 10. THE SITE PLAN SHALL SHOW THE DRIVEWAY LOCATIONS, IF ANY EXIST, ON THE EAST SIDE OF ZANE STREET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.13. Request by Gordon Moldenhauer for Preliminary Plat Approval (Mississippi Oaks Addition), Public Hearing- Case No. P 02-11 Staff report submitted by Director of Planning Nfichele McPherson. Ms. McPherson stated that Gordon Moldenhauer is requesting preliminary plat of N~ssissippi Oaks 3rd Addition. She discussed street and lot layout, park dedication requirements, and Planning Commission action. City Council Minutes Page 10 June 17, 2002 Mayor Klinzing opened the public hearing. There being no one to speak to this issue Mayor I~dinzing closed the public hearing. Council_member Dietz asked Mr. Moldenhauer to respond to a letter the cit7 received from Mississippi Oaks Homeowners regarding allegations of incorrect driveway widths, lot sizes, cutting trees along the river, and dumping material in an empty field in the Mississippi Oaks development. Gordon Moldenhauer, 17952 Fresno Street - Stated he didn't feel the letter was accurate. He stated that the stumps and tree limbs are being hauled out of the empty field. Councilmember Dietz asked Mr. Moldenhauer if he understood and would comply with the conditions that would be a requirement for the prelimina~ plat of M_ississippi Oaks 3~d Addition. Mr. Moldenhauer stated he did. Councilmember Tveite questioned Nix. Moldenhauer if he replaced the trees that have been cut down along the riverfront and if he ffled the riverfront easements with Sherburne County yet. bir. Moldenhauer stated that he has planted the required trees and is in the process of recording the easements. Counciknember Motin questioned why the Park and Recreation Commission accepted land that is located in a flood plain as meedng the park dedication requirement. Park and Recreation Commission John Kuester stated that the Commission felt this parcel of land was a unique environmental area. Planning Commissioner Dana Anderson stated he was concerned with Mr. Moldenhauer completing Mississippi Oaks 3rd Addition in a timely manner. He is also concerned about setdng a precedent of accepting parkland in a flood plain as meeting the park dedication requirements. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF MISSISSIPPI OAKS 3m~ ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. City Council N~J. nutes June 17, 2002 Page 11 7o THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR OUTLOT A AND ESTABLISHING VEGETATIVE COVER. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 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. 11. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. A.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. 16. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES UP TO 2.7 ACRES OF LAND BEHIND LOTS 25-29, BLOCK 2. IF THE LAND IS NOT AVAILABLE, CASH DEDICATION FOR THE REMAINDER TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. 19. SIDEWALKS SHALL BE PROVIDED AS INDICATED ON THE UTILITY PLAN. Ciw Counc/~ ~finutes Page 12 June 17, 2002 20. THAT THE EASEMENTS ALONG THE RIYERFRONT BE RECORDED AT SHERBURNE COUNTY PRIOR TO RELEASING THE FINAL PLAT. COUNCILMEMBER TVEITE SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED THAT CONDITION 16 BE CHANGED SO THAT THE DETENTION POND NOT BE CONSIDERED AS MEETING THE PARK DEDICATION REQUIREMENTS. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 5-0. 7. Other Business Councilmember Dietz questioned the truck use of the Morrell property when they no longer use the property. Ms. McPherson stated that the Morrell's may still using their site to maintain their legal non- conforming status and they may not have let the use of the facility lapse for a period of greater than six months. Council directed staff to do more research on this issue. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor I<_l/nzing adjourned the meeting of the Elk River City Council at 9:15 p.m. Tina Allard Recording Secretary;