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03-20-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 20, 2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Sandra Peine, City Clerk; Lori Johnson, Finance Director; Peter Beck, City Attorney; Terry Maurer, City Engineer; Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Steve Wensman, Planner; Dennis Anderson, Building Inspector; Steve Rohlf, Building and Zoning Administrator Also Present: Dana Anderson and Stoffel Reitsma, Park and Recreation Commission Representatives and Louise Kuester, Planning Commission Representative 1. Call Meetin.q 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 Klinzing. 2. Consider A.qenda The following items were added to the agenda: 4.5, 8.1. 8.2. Community Recreation Update Request Approval to Hire Wastewater Treatment Plant Employee Discuss Joint Information Systems Position COUNCILMEMBER FARBER MOVED TO APPROVE THE MARCH 20, 2000, AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda Councilmember Dietz requested that the minutes contain his comments on Item 4.3. relating to the Western Area Phase IV Improvement Project. The minutes will include the following comments from Councilmember Dietz under Item 4.3.a. "Councilnnember Dietz indicated he is in favor of the project. He indicated he felt it is crucial to loop water lines as it provides a better quality of water. Regarding the S&Z Proposal, he suggested that the developer not wait for a big box user but instead work toward platting the area in some way as it is evident that sewer and water will be proposed for the area in the near future, which would complete the western area sewer and water project." COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3/13/00 COUNCIL MINUTES - APPROVED AS AMENDED Elk River City Council Minutes March 20~ 2000 Page 2 3.2. 3.3. 3.4. 3.5. 3.6. REQUEST BY PLANT PLACE FOR TEMPORARY GARDEN CENTER AT COBORNS, CASE NO. GP 00-3 - APPROVED REQUEST BY CUB FOODS FOR TEMPORARY GARDEN CENTER, CASE NO GP 00- 4 - APPROVED REQUEST BY KlM ANGRIMSON FOR TEMPORARY GARDEN CENTER AT TARGET, CASE NO GP 00-5 - APPROVED REQUEST BY CITY OF ELK RIVER FOR REZONING OF TYLER STREET PARCELS, PUBLIC HEARING CASE NO. ZC 00-1 - POSTPONED TO 4/17/00 MEETING. CONSIDER APPOINTMENT OF BUD HOULTON TO HERITAGE PRESERVATION COMMISSION FOR A ONE YEAR TERM TO EXPIRE FEBRUARY 28, 2001 - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4,1. Utilities Commission Update Councilmember Dietz updated the council on issues discussed at the February 15 and March 14 Utilities Commission meetings, Councilmember Dietz stated that discussion was held regarding a request to have a telecommunication antenna on the city's water tower. He indicated that Bryan Adams was opposed to this as it would problems. The City Council requested Bryan Adams to review this situation and discuss the issue at a future council meeting. 4.2, Northstar Corridor Update Senior Planner Scott Harlicker updated the council on the Northstar Corridor Development Authority meeting held on March 2. Mayor Klinzing updated the council on the station location controversy between Ramsey and Anoka. 4.5. Community Recreation Update Councilmember Motin reported on the Community Recreation meeting held in March. He indicated that the Community Recreation Board discussed the Annual Report presented by Michele Bergh, He further noted that there was an increase in participation from the prior year of 30 percent and that Elk River has 50 percent of the participation. 4,3, Request for New Pick-up for Buildin.q Department Building Inspector Dennis Anderson requested the council to consider the purchase of a full size V6 pick-up short box with four-wheel drive. He stated that the Iow bid was from Saxon Motor and was a Chevy Silverado 1500. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE PURCHASE OF A CHEVROLET SILVERADO 1500 FROM SAXON MOTORS FOR THE BUILDING DEPARTMENT AT A COST OF $17,874. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4, Consider Resolution Givin.q Final Approval to the Housin,q Pro,qram of Evans Park Finance Director Lori Johnson indicated that she is requesting approval of a resolution awarding the sale of CareChoice Revenue Bonds in an amount not to Elk River City Council Minutes March 20~ 2000 Page 3 exceed $3,200,000. Carol Mills of Guardian Angels explained that the revenue bond issue is only for the Guardian Angels projects in Elk River as St. Therese Home of New Hope has withdrawn its request. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-14 GIVING FINAL APPROVAL TO THE HOUSING PROGRAM OF EVANS PARK, INC., AND THE ISSUANCE AND SALE OF REVENUE BONDS THEREFORE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.1, Request by Elk River Landfill for Renewal of Conditional Use Permit, Public Hearin.q Case No. CU 00-4 Building and Zoning Administrator Steve Rohlf noted that Elk River Landfill is requesting approval for the renewal of its conditional use permit and solid waste license. Steve Rohlf reviewed the staff report on this request. Steve Rohlf noted that the Planning Commission recommended approval of the renewal contingent upon the following changes being made to the solid waste facility license and conditional use permit: Bio-reactor (leachate recirculation) is approved contingent upon approval by MPCA and Sherburne County. If this system is not functioning properly the city has the ability to stop the process and have the Landfill return to conventional waste disposal and ieachate treatment. Approval of cells 14 through 17 is contingent on city staff's review and approval of the construction details. 3 to 1 slopes are approved contingent on approval by MPCA and Sherburne County. An end-use plan is made part of the next renewal of the city's permits for the Landfill. COUNCILMEMBER MOTIN MOVED TO RENEW THE CONDITIONAL USE PERMIT AND SOLID WASTE LICENSE FOR THE ELK RIVER LANDFILL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by City of Elk River for Ordinance amendment Re.qardin.q Floodplain Ordinance & Maps, Public Hearin.q Case No. OA 00-3 Building and Zoning Administrator Steve Rohlf noted that the city is requesting an amendment to the Floodplain Management Ordinance. He explained that this is required by the Federal Emergency Management Agency. Steve Rohlf reviewed the staff report on the proposed Floodplain Management Ordinance amendment. Steve indicated that adoption of the Floodplain Ordinance includes adopting the most recent floodplain maps. He noted the Planning Commission recommended approval of the ordinance. Elk River City Council Minutes March 20~ 2000 Page 4 COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 00-02 AMENDING SECTION 902 OF THE CITY CODE FLOODPLAIN MANAGEMENT ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Richard & Gloria Hinkle for Administrative Subdivision, Public Hearing Case No. AS 00-2 Planner Steve Wensman indicated that Richard and Gloria Hinkle have requested an administrative subdivision to subdivide a 22.77-acre lot into a 7.80-acre lot and a 14.97-acre lot. He noted that the property is located at 13432 Meadowvale Road and is zoned Rla. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY RICHARD AND GLORIA HINKLE TO SUBDIVIDE A 22.77 ACRE LOT INTO A 7.80 ACRE LOT AND A 14.97 ACRE LOT IN THE R1A ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: THAT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY, TEN FOOT INSIDE THE FRONT AND REAR PROPERTY LINES AND FIVE FOOT INSIDE THE SIDE PROPERTY LINES, FOR BOTH PARCELS, PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. PARK DEDICATION FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION FOR THE NEWLY CREATED LOT. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY FOR THE NEW LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. THE LOT SURVEY BE REVISED AND SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION WITH THE COUNTY. PRIOR TO INSTALLING A DRIVEWAY ACROSS THE COUNTY DITCH, A PERMIT BE OBTAINED FROM SHERBURNE COUNTY AND THAT ANY NECESSARY DITCH IMPROVEMENTS TO ACCOMMODATE THE DRIVEWAY BE PAID FOR BY THE APPLICANT. THAT A 50 FOOT RIGHT-OF-WAY BE GRANTED TO SHERBURNE COUNTY AS REQUESTED BY THE SHERBURNE COUNTY HIGHWAY ENGINEER. AT THE TIME DITCH IMPROVEMENTS ARE MADE, THE CITY SHOULD INITIATE A PARTIAL VACATION OF THE DRAINAGE AND UTILITY EASEMENT TO FIT THE MODIFIED DRAINAGE AREA WITH NO COST TO THE LANDOWNER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes March 20, 2000 Page 5 6.4. Request by Dale Lan.q for Administrative Subdivision, Public Hearin.q Case No. AS 00-1 Senior Planner Scott Harlicker indicated that Dale Lang has requested an administrative subdivision of a 6.51-acre parcel into two single family lots located at the southeast corner of the intersection of Twin Lakes Road and 209th Avenue. Scott Harlicker reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST FOR ADMINISTRATIVE SUBDIVISION BY DALE LANG TO SUBDIVIDE 6.51 ACRES INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: PARK DEDICATION FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY FOR THE NEW LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. THE SHED ADJACENT TO THE PROPERTY LINE BETWEEN PARCELS C & D BE MOVED SO IT COMPLIES WITH THE SETBACK REQUIREMENTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,5. 6.6, Request by Phoenix Enterprises for Preliminary and Final Plat, Harley Addition, Public Hearin.q Case No. P 00-3 Request by Phoenix Enterprises for Conditional Use Permit, Public Hearin.q Case No. CU 00-5 Councilmember Thompson stepped down from the council dais at this time due to a conflict of interest. Senior Planner Scott Harlicker noted that Phoenix Enterprises is requesting a preliminary and final plat for Harley Addition, a replat of Outlot ~ Hillside Crossing III, located on the east side of Highway 169, south of 197th Avenue. Scott Harlicker stated that the applicant is also requesting a conditional use permit to allow motorcycle sales and repair. Scott Harlicker reviewed the staff report on the preliminary plat, final plat, and conditional use permit. Mayor Klinzing noted that she had received a letter from an area resident concerned about the noise related to this business. Mayor Klinzing opened the public hearings. There being no one for or against the matters, Mayor Klinzing closed the public hearings. Elk River City Council Minutes March 20, 2000 Page 6 The council discussed the possibility of noise issues that may be associated with the business. The owner of the business indicated that he did not foresee any issues with noise and stated that his existing business in Iowa has received no noise complaints. Discussion was held regarding the test driving of motorcycles in residential areas. It was suggested that the test drives be taken on the frontage road and that residential roads not be used for test driving. Scott Harlicker indicated that the Planning Commission recommended approval of the preliminary plat and the conditional use permit. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF HARLEY ADDITION, P 00-3, WITH THE FOLLOWING CONDITIONS: PARK DEDICATION FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 00-15 GRANTING FINAL PLAT APPROVAL FOR HARLEY ADDITION, CASE NO. P 00-3. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THE HARLEY DAVlDSON DEALERSHIP WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. A LANDSCAPE PLAN BE PROVIDED AND APPROVED BY STAFF WHICH MEETS THE PLANTING REQUIREMENTS OF THE LANDSCAPE ORDINANCE. THE LANDSCAPING SHALL INCLUDE STREET TREES ALONG EVANS STREET, SHADE TREES ON SITE AND ON THE PARKING ISLANDS, ORNAMENTAL AND EVERGREEN TREES. CURBED LANDSCAPED ISLANDS BE PROVIDED AT THE WEST AND NORTH ENDS OF THE CENTER ROW OF PARKING SPACES. ALL SIGNS WILL REQUIRE A SIGN PERMIT AND SHALL COMPLY WITH THE REQUIREMENTS OF THE HILLSIDE CROSSING PUD AGREEMENT. THE SITE PLAN BE AMENDED TO SHOW THE EXISTING SIGN AT THE ENTRANCE FROM EVANS STREET. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes March 20~ 2000 Page 7 6.7. Request by Tim Smith to Amend Conditional Use Permit CU 94-17 by Removin.q Condition to Remove House, Public Hearin.q Director of Planning Michele McPherson explained that Tim Smith is requesting an amendment to a conditional use permit that would remove a condition of a conditional use permit granted in 1994. The condition that the applicant is requesting to be amended requires removal of a house on the subject property within three years of approval of the original conditional use permit. Michele McPherson reviewed the analysis provided in her memo to the City Council on the issue. She noted that the Planning Commission made no recommendation regarding the request as some commissioners felt the applicant had been given enough time while others felt that allowing the house to remain for a few more years would not be detrimental to the city. Mayor Klinzing opened the public hearing. Jerry Smith, father of Tim Smith, requested the council to give him additional time to remove the house. He noted that the commercial development in the area where the house is located has been slow and further noted that the property has not been able to be sold. Councilmember Farber explained that the City Council's intention is to enforce the original conditional use permit. He further noted that he felt the city has been lenient in allowing extra time as the house was supposed to be removed in 1997. Councilmember Motin concurred with Councilmember Farber. Counciimember Motin noted that the incentive to remove the house was given six years ago at the time the conditional use permit was granted. He further noted that the area is continuing to grow and that the house is deteriorating. Tim Smith informed the council that at the time the conditional use permit was approved, he was informed that he could come back to the council regarding the use of the house. He further indicated that he is now coming back to council to request a time extension. He further noted that he had completely forgotten about the stipulation to remove the house within three years of the conditional use permit approval. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing noted that she received a comment from an area resident requesting the council to grant an extension. She noted that the residents in the area do not see the home as detrimental and but feel the home helps them to feel that the area is more residential. Mayor Klinzing stated that she sees no impending reason to require the applicant to follow through with the stipulation to remove the house. She further noted she believes there was an unspoken agreement at the council meeting regarding the conditional use permit allowing the applicant to come back to the council regarding the issue. She stated that she is interested in granting an extension. MAYOR KLINZING MOVED TO GRANT AN EXTENSION FOR REMOVAL OF THE HOUSE UNTIL JUNE 20, 2003. Elk River City Council Minutes March 20, 2000 Page 8 6.8. 6.9. Councilmember Thompson noted that he has a problem with granting an extra three years as he feels it could be setting a precedent for other conditional use permits. Mayor Klinzing stated she did not agree with Councilmember Thompson as the people have a right to request an amendment to the conditional use permit. Mayor Klinzing asked for a second to the motion. Due to lack of a second, the motion died. COUNCILMEMBER FARBER MOVED TO DENY THE REQUEST FOR AN AMENDMENT TO CONDITIONAL USE PERMIT CU 94-17 BASED ON THE FOLLOWING FINDINGS: THE CONDITION WAS PART OF THE ORIGINAL APPROVAL; THE CITY FOUND REMOVAL OF THE HOUSE WAS IN THE BEST INTEREST OF THE CITY AT THAT TIME AND THE CITY'S OPINION HAS NOT CHANGED. 2. THE DWELLING IS NONCONFORMING. ALLOWING THE DWELLING TO REMAIN IS INCONSISTENT WITH THE REDEVELOPMENT OF MAIN STREET TO COMMERCIAL USES. THE ORIGINAL CONDITIONAL USE PERMIT WAS APPROVED ALLOWING A COMMERCIAL PARKING LOT BEHIND A SINGLE FAMILY HOME IN LIGHT OF THE FACT THAT IT WOULD BE LIMITED TO THREE YEARS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCILMEMBER THOMPSON MOVED TO ALLOW THE SMITHS 90 DAYS TO REMOVE THE HOUSE AND FURTHER THAT THE LEGAL STAFF SHOULD CONTINUE WITH THE LEGAL PROCESS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. Request by Frank Madsen for Land Use Map Amendment to Remove Property from Urban Service District, Public Hearin.q Case No. LU 00-1 Request by Frank Madsen for Rezonin.q from Rlc to R1 a, Public Hearin.q Case No. ZC 00-3 Planner Steve Wensman noted that Frank Madsen is requesting a land use amendment to remove property from the urban service district and a rezoning from Rlc (Single Family Residential)to Rla (Single Family Residential). Mr. Madsen is requesting to subdivide his property to sell three acres and does not want to connect to city sewer and water. The property is located at 19640 Proctor Road NW. Steve Wensman reviewed the staff report on these issues. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Elk River City Council Minutes March 20, 2000 Page 9 6.10. 6.11, Councilmember Dietz indicated his concern about being arbitrary in making the decision as to requests for removal of property from the urban service district. City Engineer Terry Maurer noted that the urban service district was originally drawn according to section lines and he believes that the city will continue to receive requests to opt in or out of the urban service district. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-16 AMENDING THE COMPREHENSIVE PLAN TO REMOVE A PROPERTY FROM THE URBAN SERVICE DISTRICT, CASE NO. LU 00-1. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 00-03 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO R1A (SINGLE FAMILY RESIDENTIAL) CASE NO. ZC 00-3. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Hoyt Partners LLP for Zone Chan.qe from BP to C3, Public Hearin.q Case No. ZC 00-2 Request by Hoyt Partners LLP for Land Use Chan.qe from CC to HB, Public Hearin.q Case No. LU 00-2 Senior Planner Scott Harlicker noted that Hoyt Partners is requesting a land use plan amendment to HB (Highway Business) from LI (Light Industrial) and a rezoning from BP (Business Park) to C3 (Highway Commercial). The property is located in the southeast corner of the future intersection of Waco Street and Highway 10, north of the westerly extension of Business Center Drive. Scott explained that he feels that the proposed change for Parcels 1 and 2 is consistent with the Comprehensive Plan. Scott explained that Parcel 3 is located on the south side of Business Center Drive adjacent to the Government Center. Scott noted that staff recommends the land use designation and zoning of Parcel 3 not be changed from Light Industrial and Business Park to Highway Business and Highway Commercial. He further noted that the Planning Commission recommended approval of the land use amendment and zoning change for Parcels 1 and 2, but not Parcel 3. Mayor Klinzing opened the public hearing. Stewart Wilson. 17975 Troy Street, encouraged the council to concur with the rezoning and land use requests in that both were consistent with the Comprehensive Plan and he felt that both the land use and zoning changes would spur development in the Business Park. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Thompson indicated that he sees Parcel 3 as a good transition from Highway Commercial to Business Park. He questioned why the Planning Commission recommended that Parcel 3 not be included in the zone change or land use amendment. Director of Planning Michele McPherson noted that staff has not received a preliminary plat at this time and felt that the piece could be incorporated for a Elk River City Council Minutes March 20, 2000 Page 10 larger industrial user if it remained zoned Business Park. She also explained that it was felt that Parcel 3 could be added to some unknown user at some point in the future. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 00-4 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM BP (BUSINESS PARK) TO C3 (HIGHWAY COMMERCIAL) CASE NO. ZC 00-2. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-17 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) AND CC (COMMUNITY COMMERCIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 00-2. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12. Request by Ron Wald for Preliminary Plat (Mulvaney Point), Public Hearin.q Case No. P 00-2 Planner Steve Wensman indicated that Ron Wald is requesting a preliminary plat to subdivide a 21.59-acre parcel in the Business Park zoning district into four lots. The property is located at 11119 181st Avenue NW at the northeast corner of the intersection of County Roads 12 and 13. Steve Wensman reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT OF MULVANEY POINT WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED THAT OUTLINES THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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 A ONE-YEAR PERIOD. 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 WITH SHERBURNE COUNTY. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR EACH LOT. Elk River City Council Minutes March 20, 2000 Page 11 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. THAT ALL COMMENTS IN THE CITY ENGINEER'S MEMO BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT DRAWINGS. THAT THE WETLANDS BE DELINEATED. THAT DRAINAGE AND UTILITY EASEMENTS BE PLACED OVER ANY NURP POND, WETLAND, OR UTILITIES IN THE PLAT. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. THAT THERE BE NO MASS GRADING OF THE SITE PRIOR TO BUILDING PERMIT ISSUANCE. THAT 10 FEET OF ROAD RIGHT-OF-WAY BE GRANTED ON COUNTY ROAD 13 ON THE WESTSIDE OF THE PLAT. THAT A 12 FOOT TRAIL EASEMENT BE GRANTED TO THE CITY FOR A FUTURE TRAIL OR SIDEWALK ADJACENT COUNTY ROAD 13 ON THE WEST SIDE OF THE PLAT. THAT TREE REMOVAL PRIOR TO BUILDING PERMIT ISSUANCE BE LIMITED TO WHAT IS NECESSARY FOR THE CONSTRUCTION OF THE PUBLIC IMPROVEMENTS. THAT AN EASEMENT BE GRANTED IN THE FAVOR OF THE CITY FOR THE UTILITIES CROSSING PRIVATE PROPERTY. IF THE EASEMENT CANNOT BE OBTAINED, THEN THE UTILITIES SHALL BE REALIGNED TO ANOTHER LOCATION AS DETERMINED BY THE CITY ENGINEER. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLINE TO PREVENT DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. THAT AS EACH LOT DEVELOPS, A TREE PRESERVATION PLAN SHALL BE SUBMII'rED INDICATING TREE PRESERVATION MEASURES AND THE NECESSARY TREE REMOVAL. THAT A 6 FOOT SIDEWALK BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF THE NEW EAST-WEST ROAD IN THE PLAT AS PART OF THE PUBLIC IMPROVEMENTS. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. THAT A PERMANENT CUL-DE-SAC BE CONSTRUCTED WITHIN A STREET AND DRAINAGE AND UTILITY EASEMENT. THAT THE EXISTING HOME BE REMOVED PRIOR TO RECORDING THE FINAL PLAT WITH SHERBURNE COUNTY. Elk River City Council Minutes March 20, 2000 Page 12 6.13. 6.14. 22. THAT THE PLAT PROVIDES ACCESS CONTROL ON THE TYLER STREET, COUNTY ROAD 12 AND COUNTY ROAD 13 FRONTAGES WITH THE EXCEPTION OF THE 60 FOOT OPENING FOR THE PROPOSED ROAD. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by City of Elk River for Ordinance Amendment Reqardin.q Conditional Use Permit Revocation and Interim Uses, Public Hearin.q Case No. OA 00-2 Director of Planning Michele McPherson indicated that the City of Elk River is requesting an ordinance amendment to amend Section 900.42 and add Section 900.43 relating to conditional use permits and interim uses. She explained that the ordinance amendment would provide a process for the revocation of conditional use permits and a process for the approval of interim uses. She further noted that the Planning Commission recommended approval. Mayor Klinzing opened the public hearing. Joe Miske, 20431 Meadowvale Road, questioned what terms would be looked at to reject conditional use permits. Michele McPherson explained that the ordinance sets the process for conditional use permits and interim uses. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing requested that part of the definition of interim use be removed, specifically "or until the zoning regulations no longer permit the use." COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 00-05 AMENDING SECTION 900.42 AND ADDING SECTION 900.43 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 00-2 WITH THE CONDITION THAT PART OF THE DEFINITION AS REQUIRED BY MAYOR KLINZING BE REMOVED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by City of Elk River for Ordinance Amendment Re.qardin.q Park Dedication Requirements, Public Hearinq Case No. OA 00-1 Michele McPherson indicated that the City of Elk River is requesting an ordinance amendment to amend the park dedication requirements of the subdivision ordinance to more clearly define the park dedication standards and to codify previous policy. Michele McPherson reviewed the proposed ordinance. She noted that Park and Recreation Commissioners Dana Anderson and Stoffel Reitsma were present. She explained that the Planning Commission debated Item 12 in the ordinance relating to private open space for park and recreation purposes and that the commission approved the ordinance with the elimination of Item 12. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Councilmember Farber indicated that he did not agree with Item 10. He stated that if the developer includes the improvements in the development, the developer should receive the credit for the improvements. Michele McPherson Elk River City Council Minutes March 20, 2000 Page 13 indicated that Item 10 sets the guidelines and leaves flexibility with the Park and Recreation Commission and the City Council. Michele McPherson also noted that Item 10 does allow the City Council to grant credit for developer installed improvements. Mayor Klinzing indicated that she did not agree with Item 12 as she felt that private open space is not necessary for park and recreation purposes, She stated that item 12 should be removed. Councilmember Dietz stated he feels the Park & Recreation Commission is trying to protect the city from accepting unusable park land from developers under the open space ordinance, MAYOR KLINZING MOVED TO ADOPT ORDINANCE 00-07 AMENDING SECTION 1008.18 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 00-1, WITH THE REMOVAL OF ITEM 12. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Farber noted that Item 10 is negative and that it may discourage developers. Councilmember Motin indicated that he would prefer to keep Items 10 and 12 in the ordinance to provide guidance to developers as to what the city prefers. Councilmember Thompson indicated that he would be abstaining from this vote. THE MOTION FAILED 2-2-1. Councilmembers Farber and Motin opposed. Councilmember Thompson abstained. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 00-07 AMENDING SECTION 1008.18 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 00-1, INCLUDING ALL THIRTEEN SECTIONS OF THE ORDINANCE AND STRIKING THE LAST SENTENCE IN ITEM 12. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION FAILED 2-2-1. Councilmember Farber and Mayor Klinzing opposed. Councilmember Thompson abstained. Mayor Klinzing suggested that the Planning Commission and Park and Recreation Commission review this issue again at a later time. 6,15, Request by City of Elk River for Ordinance Amendment Re.qardin,q Temporary Si,qn Re,qulations, Public Hearin.q Case No, OA 00-4 Director of Planning Michele McPherson indicated that the City of Elk River is requesting an ordinance amendment to Section 900.22(4) relating to sign regulations. She indicated that the ordinance amendment would increase the number of permits issued annually and increase the number of days temporary signs may be displayed annually, Michele reviewed the staff repon' on this issue and indicated that the Planning Commission recommended approval. Mayor Klinzing opened the public hearing. Joe Johnson, 16800 Highway 10, indicated that he assisted in putting together the ordinance and stated that he is in favor of the ordinance. Elk River City Council Minutes March 20, 2000 Page 14 There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 00-06 AMENDING SECTION 900.22(4) OF THE CITY CODE OF ORDINANCES, CASE NO. OA 00-4. MAYOR KLINZING SECONDED THE MOTION. Councilmember Motin questioned whether the request from 501C3 or non profit organizations would be counted against the property owner, Michele McPherson indicated that she did not intend for them to be counted against the property owner. City A~orney Peter Beck suggested the following amendment to item d., after the first sentence: "signs from non profit organizations shall not be counted as one of the six permits allowed to the property owner.' The amendment was agreeable with both the maker and the second of the motion. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO RECONSIDER MAYOR KLINZING'S MOTION ON ITEM 6.14. RELATING TO ORDINANCE AMENDMENT FOR PARK DEDICATION REQUIREMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. Councilmember Farber opposed. Councilmember Thompson abstained. COUNClLMEMBER MOTIN MOVED TO ADOPT ORDINANCE 00-07 AMENDING SECTION 1008.18 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 00-1 WITH THE EXCLUSION OF ITEM 12. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. Councilmember Farber opposed, Councilmember Thompson abstained. Councilmember Farber indicated that he opposed the motion as he disagrees with Item 10 in the ordinance. 7,1, Update on Benefits Committee Finance Director Lori Johnson updated the council on the progress the Benefits Committee has made. She indicated that the Committee has met four times, however at this time the Committee is seeking direction from the council before presenting a proposal. Lori Johnson explained that the reason the Committee is looking at the city's benefits is to retain and attract good employees and due to the high cost of family insurance coverage. She indicated that the Committee would like to receive some feedback from the council regarding the council's intent and feelings on the insurance issue. It was the consensus of the council that the Committee meet with the council at a future meeting and that the Committee look at an implementation date of January 1. Elk River City Council Minutes March 20, 2000 Page 15 8. Other Business 8.1. Request Approval to Hire Wastewater Treatment Employee Finance Director Lori Johnson requested council approval to hire Wade Paluski as a WWTS Operator based on successful completion of all background checks. COUNCILMEMBER THOMPSON MOVED TO HIRE WADE PALUSKI AS A WASTEWATER TREATMENT SYSTEM OPERATOR AT A STARTING SALARY OF $12.71 PER HOUR CONTINGENT UPON DRIVER'S LICENSE CHECK, BACKGROUND CHECK, AND PREEMPLOYMENT DRUG SCREEN. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. Discuss Joint Information Systems Position Finance Director Lori Johnson indicated that the City of Andover has contacted her and suggested the sharing of an Information Systems employee. She indicated that although there is nothing in the budget for this position, the city has budgeted for these types of services on a consultant basis. After further discussion it was the consensus of the council to proceed with the concept and to check into the matter further. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE FINANCE DIRECTOR TO PURSUE THE OPTIONS FOR A SHARED INFORMATION SYSTEMS EMPLOYEE WITH THE CITY OF ANDOVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. Robert Minton Councilmember Dietz suggested that the council send a letter of appreciation and recognition to Robert Minton for his service to the city of Elk River. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 10:50 p.m. Sandra Peine City Clerk