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12-17-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 17, 2001 Members Present: Members Absent: Staff Present: Also Present: Mayor Kflinzmg, Councilmembers Dietz, Kuester, Mofin, and Tveite None City Administrator Pat I~aers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, City Clerk Sandra Peine, Finance Director Lori Johnson, Chief of Pohce Tom Zerwas, Assistant Police Chief Jeff Beahen, Recreation Director Michele Bergh, and Assistant Street/Park Superintendent Mark Thompson Planning Commission Schuster Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Fdinzing. Consider 12/17/2001 Agenda Additional invoices were added to the Check Register under item #3.2. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda Councilmember Motto noted a correction to the 12/10 minutes - Item 5.6. - The first motion - [/ote tvas 4-0-1 u4th Counci/member Motin Abstaining. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CITY COUNCIL MINUTES - APPROVED · 12/03/01 MINUTES · 12/10/01 MINUTES-AS CORRECTED 3.2. CHECK REGISTER - APPROVED City Council Minutes December 17, 2001 3.3. RENEWAL OF LICENSES -APPROVED Page 2 KENNEL LICENSES - COMMERCIAL · GRACE OSTIEN, 20842 CONCORD STREET · JODI & SEAN LADD, 11631 219TM AVENUE · STOFFEL & SANDRA REITgMA, 10fl60 I§lST §TRtgET KENNEL LICENSES - PRIVATE · SKIP & LINDA ABEL, 21331 ELK LAKE ROAD · LAURA HESS-ULMAN, 21498 VERNON STREET · LINDA ALLEN/JOHN TOMLINSON, 20460 MEADOWVALE ROAD · BONITA DEZELAR, 13884 20ffTM AVENUE · TOM MESICH, 11401205TM AVENUE TOBACCO LICENSES · AMERICAN LEGION · BEAUDRY EXPRESS · BROADWAY BAR & PIZZA · CENEX · CHARLIE BROWN'S · CIRCLE C CONVENIENCE CENTER · COBORN'S · CUB FOODS · ELK RIVER BOWL · FRATERNAL ORDER OF EAGLES · HOLIDAY (FREEPORT) · HOLIDAY (BUSINESS CENTER DRIVE) · HOULE OIL COMPANY · NORTHBOUND LIQUOR · OASIS MARKET · SNYDER DRUG · SUNSHINE DEPOT · SUPERAMERICA (MAIN STREET) · SUPERAMERICA (193RD AVENUE) · TIME OUT RESTAURANT · 'WAL-MART · WAPITI PARK · WASHN'FILL · Y& S SMOKE SHOP MECHANICAL AMUSEMENT DEVICE LICENSES · AMERICAN LEGION · BROADWAY BAR & PIZZA · DADDY O'S · OLDE TOWNE TAVERN · ELK RIVER BOWL · ELK RIVER ICE ARENA · ELK RIVER THEATERS · FRATERNAL ORDER OF EAGLES · LA ROSE'S PIZZA Ci~ Council NLmutes December 17,200t · PIZZA HUT Page 3 MASSAGE ESTABLISHMENT LICENSES · AVALON, 706 MAIN STREET · MOE THERAPEUTIC MASSAGE, 934 MAIN STREET · SALINA SALON, 19262 FREEPORT STREET · SIMONSON'S DAY SPA & SALON, 19320 HIGHWAY 169 · WATERFP~LL SALON & DAY SPA, 705 MAIN STREET MASSAGE 3.4. THERAPIST LICENSES · MELANIE LUNDBERG · LUANNE MOE · JANICE TUMMINIA KELLY OPAY · LORI KURTZ · NICOLE BRANSON · ALISON KINDEM · MARGO LEE · JODI PIKULA TRANSIENT MERCHANT LICENSE FOR DENNIS FROEHLICH TO SELL FLORIDA CITRUS AT MENARDS - APPROVED 3.5. PAY ESTIMATES -- APPROVED · FINAL PAY ESTIMATE (#2) IN THE AMOUNT OF $9,413.10 TO MUNICIPAL BUILDERS, INC. FOR WORK ON THE WWTP VENTIALTION IMPROVEMENTS · PAY ESTIMATE #14 IN THE AMOUNT OF $105,390.18 TO LATOUR CONSTRUCTION, INC. FOR WORK ON THE TYLER STREET IMPROVEMENTS · FINAL PAY ESTIMATE (#7) IN THE AMOUNT OF $76,181.39 TO HARDRIVES, INC. FOR WORK ON THE EASTERN AREA PHASE III WATER AND SEWER IMPROVEMENTS · PAY ESTIMATE #2 IN THE AMOUNT OF $3,752.50 TO BAUERLY BROTHERS, INC. FOR WORK ON THE 2001 OVERLAY IMPROVEMENTS 3.6. PERSONNEL POLICY MANUAL UPDATES RELATING TO DEFINITIONS OF EMPLOYMENT STATUS, TUITION REIMBURSEMENT, AND TIME OFF FOR EXEMPT EMPLOYEES - APPROVED 3.7. SURVEYOR'S CERTIFICATE OF CORRECTION FOR ELK RIVER CROSSING 2ND ADDITION - APPROVED 3.8. VARIANCE REQUEST BY MIKE JONES TO THE CITY'S GRADING STANDARDS - CASE NUMBER V 01-08 - POSTPONED TO 1/22/02 3.9. REQUEST TO HIRE SHARI PIKKARAINE FOR CITY RECREATION PART TIME RECEPTIONIST POSITION BEGINNING ON JANUARY 2, 2002 AT PAY GRADE 4, STEP A $10.43/HOUR - APPROVED City Council NLinutes December 17, 2001 Page 4 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1 Utilities Commission Update Councilmember Dietz updated the Council on items discussed at the December 11, 2001, Utilities Commission meeting. He noted that a special meeting is scheduled for December 20 to consider constructing a new facility at City Hall. 5.2. Community Recreation Update Councilmember Motin updated the Council on the Community Recreation Board meeting held on December 17, 2001. He noted that the organization officially ends after the December 31, 2001 work day. 5.3. Northstar Corridor Update Scott Harlicker provided an update on the December 6, 2001, NCDA meeting. 5.4. Policy for Use of Lion's Park Michele McPherson presented the Lion's Park Use Policy. She reviewed the changes that have been made to the policy as requested by the Council. COUNCILMEMBER MOTIN MOVED TO ADOPT THE LION'S PARK USE POLICY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Authorization to Hire Mechanic Mark Thompson requested authorization to hire Steven Taylor as a mechanic for the Street Department. COUNCILMEMBER TVEITE MOVED TO HIRE STEVEN TAYLOR AS A MECHANIC FOR THE STREET DEPARTMENT AT PAY GRADE 9, STEP D, $17.76 PER HOUR FOR THE SIX MONTH ORIENTATION PERIOD AND THEN INCREASING THE WAGE TO A PAY GRADE 9, STEP 3 ON JULY 1, 2002 BASED ON SATISFACTORY PERFORMANCE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Request to Hire Park Time Secretary. Receptionist The City Clerk requested authorization to hire Donna Malecha as part time secretary receptionist for City Hall. She noted that Donna has been working at the Street Department as an office service worker and has requested to be considered for the City Hall receptionist position. The City Clerk noted that Donna would be making a lateral transfer with no increase in pay. City Council Nfinutes December 17, 2001 Page 5 COUNCILMEMBER DIETZ MOVED TO HIRE DONNA MALECHA AS SECRETARY/RECEPTIONIST FOR CITY HALL BEGINNING JANUARY 14, 2002, FROM 12:00 TO 4:30 M-F AT PAY GRADE 5, STEP A, $10.67 PER HOUR. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Accept Resignation of Building Official and Authorization to Advertise for Building Inspector The City Administrator indicated that Cliff Skogstad has submitted his letter of resignation. He indicated that Cliff has accepted a job with the City of St. Michael. The City Administrator requested authorization to hire a building inspector. He indicated that Steve Rohlf, Building and Zoning Administrator, will be assuming the role of Building Official. He further stated that Steve plans to bring back the request to hire an Environmental Assistant to the Council sometime m the spring. MAYOR KLINZING MOVED TO REGRETTABLY ACCEPT CLIFF SKOGSTAD'S RESIGNATION AS BUILDING OFFICIAL. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR A BUILDING INSPECTOR. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Consider 2001 Budget Amendments Finance Director Lori Johnson reviewed the 2001 budget amendments. COUNCILMEMBER TVEITE MOVED TO APPROVE THE 2001 BUDGET AMENDMENTS AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Final Adoption of 2002 Fee Schedule The City Clerk presented the 2002 fee schedule. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-81 ADOPTING FEES FOR SERVICES FOR 2002. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-82 RESCINDING RESOLUTION 97-30 RELATING TO PARKING VIOLATION FINES AND ADOPTING A NEW RESOLUTION ADOPTING PARKING VIOLATION FINES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Consider Personnel Committee Recommendations Lori Johnson indicated that the personnel committee has reviewed several positions and is prepared to recommend point values for the positions reviewed. Lori presented the following recommendations: City Council Minutes December 17, 2001 Page 6 5.11. 5.12. · Fire Inspector/Administrative Assistant - Establish position at 74 points and pay grade 1E · Liquor Clerk III - Establish position at 59 points and pay grade 7 · Move Steve Tillman to Liquor Clerk III position effective January 1, 2002 Establish Recreation Manager position at 81 points and pay grade 3E · Establish Program Assistant position at 55 points, pay grade 6 · Mechanic - Establish position at 64 points and pay grade 9 · Change previous mechanic position to Lead Mechanic with point value to remain at 67 (pay grade 10) COUNCILMEMBER MOTIN MOVED TO APPROVE THE PERSONNEL COMMITTEE RECOMMENDATIONS AS PRESENTED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Designation of Holt and Jackson Funds The City Administrator noted that there are $60,000 of land transaction proceeds from the Holt and Jackson project that are undesignated. The City Administrator reviewed options for use of the funds. COUNCILMEMBER DIETZ MOVED TO ALLOCATE THE APPROXIMATE $60,000 BALANCE FROM THE HOLT/JACKSON LAND TRANSACTION INTO A COUNCIL CONTINGENCY RESERVE FUND. COUNCILMEMBER 'IWEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City. HaH/Public Safety Complex Update The City Administrator updated the Council on the status of the City Hall/Pubhc Safety Complex project. He indicated that the architect has provided several public safety facility building options and City Hall remodeling options for review. He noted that the most significant issue that needs to be determined is the bond amount for the pubhc safety facility as this is proposed to be fund with tax revenues over 20 years by way of a lease/purchase program. The City Administrator stated that there is not enough money in a six million dollar bond issue to do all that is desired and requested Council input as to the importance of specific components of the project. The Council reviewed the building and budget options. Discussion was held regarding what could be done to bring the cost do~vn. The City Administrator indicated that a decision has not been made as to whether the Utilities will be part of the project and further noted that this decision will affect the City Hall project. It was noted that the City Hall project will be financed with Government Buildings reserve funds. Mayor Klinzing indicated that many constituents have questioned why the Council is not considering a referendum for this issue. She noted that she feels the public safety project is very needed and the scope of the project is reasonable. She requested that the Council discuss this issue and felt it was important that the public understands why the Council has decided not to hold a referendum on the issue. Councilmember Kuester noted that the reason she is in favor of a lease purchase plan is because of the economic climate for new construction, the low interest rates, a referendum would delay the project and increase costs, and the public safety facility needs can't wait City Council Minutes Page 7 December 17, 2001 another year before construction starts. Councilmembers Tveite and Mofin concurred with Councilmember Kuester. It was the consensus of the Council to move forward with the lease purchase approach at the six million dollar bond range. Councilmember Motto noted that he does not feel slx million dollars is sufficient. He indicated that he is in favor of including the gun range as this will benefit the city in the long mn. Councilmember Tveite stated that he does not want to pursue the 2013-2023 expansion. He further noted that he is interested in pursuing opportunities for energy city. Councilmember Kuester indicated that she would like to inform the public about the public safety facility and the City Hall expansion; providing information as to why the Council is moving in the direction that they are going. The Council recessed at 7:20 pm and reconvened at 7:30 p.m. The Mayor requested staff to bring back options for a six million dollar bond project as a base facility. Councilmember Motin suggested a seven million dollar project including the capitalized interest. He suggested building the gun range in the basement but only as a shell, elimination of some heated garage spaces, and building only the office spaces for the £zre department in order to cut back some of the cost. He indicated that locking into a 6 million bond would cut the project short. Councilmember Tveite concurred with Councilmember Motto in that he would like to go to about a slx million dollar construction and seven million dollar bond project. It was the consensus of the Council to authorize the City Administrator to provide options to the Council that will bring the project to the 6-7 million dollar bond amount. 6.1. Request by Peter Rohlf for Final Plat Approval OVhipple Hill), Case No. P 01-18 Scott Harlicker indicated that Pete Rohlf is requesting final plat of Whipple Hill located at the SW comer of County Road 35 and Pascal Street. He noted that the request is to plat 10.35 acres into 8 single-family lots. Scott reviewed the staff report. Councilmember Dietz noted that he received a request from a resident of the area regarding the possibility of paving the rest of Pascal Street. He indicated that he has requested the City Engineer to discuss the issue with the neighbors. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 01-83 GRANTING FINAL PLAT APPROVAL FOR WHIPPLE HILL - CASE NO. P 01- 18. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Cascade I Land Company for Final Plat Approval (Cascade Industrial Park), Case No. P01-20 Scott Harlicker indicated that Cascade Land Company has requested Final Plat of Cascade Industrial Park located at Jarvis Street and 161~t Avenue alignment. The plat includes subdividing approximately 47 acres into 19 lots and 2 ouflots. Scott reviewed the staff report. City Council Minutes December 17, 2001 Page 8 6.3. 6.4. Jim Brown representing Cascade I Land Company discussed how the future industrial needs might affect the layout of the plat. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 01-84, GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK, CASE NO. P 01-20. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Cascade Land Company for Land Use Amendment to Include Certain Property, in the Urban Service District - Public Hearing Request by Cascade Land Company for Preliminary. Plat Approval ,(Park Pointe), Public Hearing- Case No. P 01-13 Staff report presented by Scott Harlicker. Scott Harlicker indicated that Dynamic's Design and Land Company has requested a land use amendment to bring a 79-acre parcel into the Urban Service District prior to 2007, and a preliminary plat of Park Point. He indicated that the area of the proposal is located at the NW corner of 175th Avenue and Fikmore Street. Scott explained that the property is currendy the Urban Service District but is not scheduled to receive municipal sewer and water until 2007, unless requested by the property owner. Scott noted that the preliminary plat is comprised of 97 lots, an exception and 8 outlots on 64.13 developable acres. Scott indicated that the Planning Commission voted to approve the land use amendment and preliminary plat with a 3-2 vote. Councilmember Motto disclosed that he is representing the Mitchells. He indicated that he continues to feel that this area should be in the urban service area, however, when the discussion regarding platting takes place he will step down from the Council table. Councilmember Kuester questioned what 175th Court connected to. Scott indicated that it would connect to Ouflot E when it is platted. Mayor Klinzing opened the public hearing. Bruce Goetz, owner of 20 acres to the north of the subject site, noted his concerns about future sewer and water costs. He asked how much he would be assessed. City Engineer Terry Maurer indicated that trunk sanitary sewer and water costs approximately $6,300 per acre. There being no further comments, Mayor IClinzing closed the punic hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-85 TO BRING CERTAIN PROPERTIES INTO THE URBAN SERVICE DISTRICT CASE NO. LU 01-10. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor Fdinzing indicated that she would be voting against the motion to be consistent with her past votes on this issue relating to the need to slow the rate of growth. THE MOTION CARRIED 4-1. MAYOR KLINZING OPPOSED. City Council Minutes December 17, 2001 Preliminary. Plat Approval .(Park Pointe) Public Hearing - Case No. P 01-13 Councilmember Motin stepped down from the Council table at this time. Page 9 Discussion was held regarding the Park and Recreation Commission's recommendation for park dedication. The Park Commission recommended a land donation of 10%; an additional .863 acres is needed. The developer proposed a cash dedication for the .863 acres. The Council discussed several issues relating to the park dedication. City Attorney Peter Beck recommended a condition regarding park dedication for Oudot E when it is replatted in the future. Mayor Icdmzing opened the public hearing. Bruce Goetz questioned the method of assessing for trunk sewer and water when flood plain or wetlands are involved. The City Engineer indicated that wetlands would be excluded from the calculation. There being no further comments, Mayor Klinzing closed the public hearing. The Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. COUNCILMEMBER KUESTER MOVED TO TABLE THE REQUEST FOR PRELIMINARY PLAT OF PARK POINTE, CASE NO. P-01-13 UNTIL JANUARY 22, 2002, SO THAT THE PARK DEDICATION REQUIREMENTS OF THE PLAT CAN BE REVIEWED BY THE PARK AND RECREATION COMMISSION AND STAFF. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN DID NOT TAKE PART IN THE DISCUSSION OR VOTE ON THIS ISSUE. 6.5. Request by D.R. Horton for Rezoning from Rld to R3 (Trott Brook South), Public Hearing - Case No. ZC 01-07 Staff report presented by Director of Planning Michele McPherson. Michele noted that D.R. Horton is requesting to rezone from Rld, Single Family Residential, to R3, Townhome District, in order to allow a mLxed residential use to be approved. The property is located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Michele noted that the Planning Commission recommended approval of the zone change. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-16 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED - CASE NO. ZC 01-07. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 10 December 17, 2001 6.6. Request by D.R. Horton for Preliminary. Plat Approval (Trott Brook Farms South), Public Hearing - Case No. P 01-14 Staff report by Director of Planning Michele McPherson. Michele indicated that the developer is requesting a preliminary plat consisting of 149 d~velling units on 38 acres of land located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Michele noted that the Planning Commission recommended approval of the preliminary plat with 27 conditions. Mayor IGinzing opened the public heating. Tom Bakridges, project manager, introduced himself to the Council and thanked the staff and members of the Planning Commission and Council for their work on the project. Mr. Robert Black, 10976 181st Avenue, questioned whether he would incur the cost of moving his driveway when the cul-de-sac is installed. He noted he would rather have his driveway redirected to the south for safety purposes. Ed Hassek, Westwood Professional Services, representing D.R. Horton, asked about using the Black driveway for emergency vehicle access. There being no further comments, Mayor Klmzing closed the public hearing. Councilmember Kuester indicated her concern about emergency vehicle access. Councilmember Motto indicated his concern about open space being contiguous. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF TROTT BROOK FARMS SOUTH WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. o o THE CUL-DE-SAC ON STREET A SHALL BE RELOCATED TO BE ADJACENT TO THE BLACK PROPERTY. PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIMED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO TWIN LAKES ROAD. STORMWATER DISCHARGE FROM THE SITE SHALL NOT EXCEED 5 CFS (CUBIC FEET PER SECOND). THE DEVELOPER SHALL PAY FOR A TRAFFIC STUDY COMPLETED BY A CONSULTANT HIRED BY SHERBURNE COUNTY. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. City Council Minutes Page 11 December 17, 2001 7. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 8. THAT THE MAILBOXES SHALL BE CLUSTERED. ANY ADDITIONAL ARTIFACTS THAT ARE FOUND DURING ANY PHASE OF THE PROJECT SHALL BE REPORTED IMMEDIATELY TO THE CITY AND SHPO. THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. 10. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 16. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 17. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS A, B, AND C. 18. A 25-FOOT TRAIL EASEMENT SHALL BE PROVIDED TO HILLSIDE CITY PARK ALONG THE SOUTH PROPERTY LINE FROM STREET C. 19. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 20. A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. City Council Minutes December 17, 2001 Page 12 21. A HOMEONWERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 22. THE APPLICANT SHALL MAKE, AND THE CITY SHALL ACCEPT AN OFFER FOR THE PURCHASE OF OUTLOTS A AND B, ELK RIVER CROSSING PRIOR TO RECORDING THE PLAT. 23. OFF-STREET PARKING SHALL BE PROVIDED AS REQUIRED BY THE ORDINANCE. 24. BUILDING MATERIALS SHALL COMPLY WITH THE ORDINANCE. 25. EMERGENCY VEHICLE ACCESS WILL BE PROVIDED IN ORDER TO SHORTEN THE CUL-DE-SAC OF STREET A. 26. PLACEMENT OF THE STORM SEWER IN THE WETLAND SHALL BE COMPLETED AND THE PHYSICAL CHARACTERISTICS OF THE WETLAND SHALL BE RESTORED WITHIN SIX MONTHS OF THE START OF THE ACTIVITY; INCLUDING GROUND ELEVATION, CONTOURS, INLET DIMENSIONS, OUTLET DIMENSIONS, SUBSTRATE, AND HYDROPONICS REGIME. 27. THE COST OF SAID RESTORATION IS COVERED IN THE LETTER OF CREDIT FOR THE PROJECT. 28. THAT IF MR. BLACK CHOOSES TO CLOSE THE ACCESS TO COUNTRY ROAD 12, THEN THE DEVELOPER SHOULD WORK WITH MR. BLACK TO PROVIDE A SUITABLE DRIVEWAY ONTO STREET A. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business The City Administrator reviewed the upcoming council calendar. 7. Staff Updates There were no staff updates. 8. Adjournment There being no further business, Mayor F'dinzing adjourned the meeting of the Elk River City Council at 9:35 p.m. Sandra Peine City Clerk