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04-17-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 17, 2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, and Thompson (6:30 p.m.) Members Absent: Councilmember Farber Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Peter Beck, City Attorney; Terry Maurer, City Engineer; Michele McPherson, Director of Planning; Michele Bergh, Community Recreation Manager; Steve Wensman, Planner; Steve Rohlf, Building and Zoning Administrator Also Present: Joseph Schuster, 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 p.m. by Mayor Klinzing. 2. Consider A,qenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE 4/17/00 CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consider Consent Aqenda Mayor Klinzing requested that the following paragraphs be added to the April 10, 2000, City Council/County Board meeting minutes: (the city would support the county's effort to work with the state in their traffic analysis during the review of the county state aid road system to determine the highest growth and traffic areas.) (County Road 44 - The county engineer indicated that County Road 44 was top priority and will be considered for improvement in two years.) COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1a. 3.1b. 3.1c. 3.2. 4/3/00 REGULAR MEETING CITY COUNCIL MINUTES - APPROVED 4/10/00 SPECIAL MEETING CITY COUNCIL MINUTES - APPROVED AS AMENDED 4/10/00 REGULAR MEETING CITY COUNCIL MINUTES - APPROVED REQUEST BY BLEEKERS NURSERY FOR A GENERAL PLANNING PERMIT TO OPERATE A TEMPORARY GREENHOUSE GARDEN CENTER AT MENARDS PARKING LOT WITH THE FOLLOWING CONDITIONS - APPROVED 1. THE GARDEN CENTER/GREENHOUSE MUST BE KEPT IN GOOD CONDITION THROUGHOUT THE TIME IT IS IN PLACE. 2. THE LOCATION OF THE GREENHOUSE WILL BE CONSISTENT WITH THE SITE PLAN. Elk River City Council Minutes April 17~ 2000 Page 2 3.3. 3. THE GREENHOUSE AND DISPLAY AREA SHALL BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES AND THE SITE RETURNED TO ITS ORIGINAL CONDITION. REQUEST BY STAFF TO RECEIVE BIDS FOR THE ACQUISITION AND INSTALLATION OF PLAYGROUND EQUIPMENT - APPROVED REQUEST TO REMODEL BUILDING AND ZONING DEPARTMENT IN THE AMOUNT OF $4,932.84 - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4.1. Utilities Commission Update Councilmember Dietz presented an update on the Utilities Commission April 11, 2000, meeting. 4.2. Northstar Corridor Update Mayor Klinzing presented an update on the Northstar Corridor Development Authority meeting held on April 6. 4.3. Community Recreation Update Community Recreation Manager Michele Bergh presented an update on Community Recreation events and on the April 17, 2000, Community Recreation Board meeting. 4.4. Consider Request for On Sale and Sunday Liquor at Nature's Hideaway, Elk River Country Club Councilmember Motin noted that he was representing the Elk River Country Club in lease negotiations with Nature's Hideaway, however, he did not believe there is a conflict of interest as the arrangement was not contingent upon council approval of the request. The city clerk indicated that the city has received an application for an On Sale and Sunday Liquor License by Jason Hines to sell liquor on sale at Nature's Hideaway at Elk River Country Club. She indicated that approval of the request should be based on the City Council approving the conditional use permit to allow an intensification of use regarding liquor. COUNCILMEMBER DIETZ MOVED TO APPROVE AN ON SALE AND SUNDAY LIQUOR LICENSE FOR JASON HINES FOR NATURE'S HIDEAWAY AT ELK RIVER COUNTRY CLUB CONTINGENT UPON APPROVAL OF THE CONDITIONAL USE PERMIT BY THE CITY COUNCIL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4,5. Consider Resolution Awarding $3.6 Million Multi-Family Housin.q Revenue Bonds Series 2000, Elk River Estates and Oaks Crest Apartments Proiect COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-22 PROVIDING FOR THE ISSUANCE AND SALE OF MULTI-FAMILY HOUSING REVENUE BONDS TO PROVIDE FUNDS FOR A MULTI-FAMILY HOUSING PROJECT ON BEHALF OF WEST SUBURBAN Elk River City Council Minutes April 17~ 2000 Page 3 HOUSING PARTNERS TO LIMITED PARTNERSHIP. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4.6. Request to Hire Teresa Tousi.qnant for the Position of Building/Housin.q Inspector COUNCILMEMBER DIETZ MOVED TO HIRE TERESA TOU$1GNANT FOR THE POSITION OF BUILDING/HOUSING INSPECTOR WITH THE FOLLOWING CONDITIONS: 2. 3. 4. STARTING WAGE OF $19.55 PER HOUR. STARTING DATE OF MAY 8, 2000. COMPLETION OF ORIENTATION PERIOD DECEMBER 8, 2000. UPON COMPLETION OF THE ORIENTATION PERIOD INCREASE TO PAY GRADE 13, STEP D, AT $20.55 PER HOUR. NORMAL COST OF LIVING INCREASE IN JANUARY 2001. NEXT STEP INCREASE JULY 2001. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4.7. Accept Resi.qnation from Buildin.q Secretary Geryl Ro.qers COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION FROM BUILDING AND ZONING SECRETARY GERYL ROGERS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0. Councilmember Thompson arrived at this time (6:30 p.m.) 4.8. Economic Development Executive Search Update City Administrator Pat Klaers updated the council on the progress for the search for the economic development director. He stated that he has been contacted by Paul Motin, Daryl Thompson, Pat Dwyer, and Duane Kropuenske who have volunteered to participate on the interview committee. COUNCIl. MEMBER DIETZ MOVED TO APPOINT THE INTERVIEW COMMITTEE FOR THE ECONOMIC DEVELOPMENT DIRECTOR POSITION TO CONSIST OF PAUL MOTIN, DARYL THOMPSON, PAT DWYER, AND DUANE KROPUENSKE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike Bill Lewis, resident of Big Lake Township, addressed the council regarding a bill from the Elk River Fire Department in relation to a fire call to his residence. He indicated he felt the charge was out of line and requested the council and staff to look into the matter. The City Administrator indicated that he would review the matter and get back to the City Council. Jeff Bulger, 13131 Mississippi Road, informed the council of the problems he is having regarding maintenance of the bike path in front of his house. He stated that the City of Elk River does not have an ordinance regarding clean up after dogs. He indicated he would like fo see an ordinance to this effect so that homeowners are not responsible for cleaning up after dogs who are on city trails. The city administrator indicated that Mr. Bulger has discussed this issue with the building Elk River City Council Minutes April 17~ 2000 Page 4 and zoning administrator and staff believes an ordinance is in order to address this nuisance. 6.1. Reconsider Requests LU 00-2 and ZC 00-2 by Hoyt Partners Director of Planning Michele McPherson indicated that on April 10 the City Council moved to reconsider its approval to change the land use and zoning of the Hoyt Partners request to Highway Business and Highway Commercial from Light Industrial and Business Park. Michele reviewed staff concerns regarding Parcel 3, which entailed traffic generation and access control. Michele McPherson indicated that staff is recommending staff evaluate the possibility of relocating commercial zoning from Parcel 3 to another location on the Hoyt property. Stewart Wilson, applicant, noted that he understood the considerations of safety on the curve in relation to traffic. He further noted that he was pleased that the City Council is still considering some Highway Commercial south of Business Center Drive. COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE RECONSIDERATION OF PARCEL 3 TO THE COUNCIL MEETING ON JUNE 19 AND TO AFFIRM THE MARCH 20 ACTION WITH RESPECT TO PARCELS 1 AND 2. COUNCILMEMBER MOTIN SECONDED THE MOTION. Stewart Wilson indicated that he agreed with the council motion. THE MOTION CARRIED 4-0. 6.2. Request by John Bunkers for Easement Vacation, Public Hearinq Case No. EV 00-2 Planner Steve Wensman indicated that John Bunkers is requesting the vacation of a street and utility easement across a property in the Barrington Place Planned Unit Development located at 568 Dodge Avenue. Steve reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. There being no one for or against the mah'er, Mayor Klinzing closed the public hearing. Steve Wensman noted that it is recommended by the city attorney that the council authorize staff to draft and execute a new easement document that provides the city with a 25 foot easement along the south property line and 10 foot easements along the perimeter of the property prior to approving the vacation. COUNCILMEMBER MOTIN MOVED TO TABLE THE EASEMENT VACATION REQUEST BY JOHN BUNKERS TO ALLOW STAFF TO DRAFT AND EXECUTE A NEW EASEMENT DOCUMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Conditional Use Permit Request by TCF Bank, Public Hearin.q Case No. CU 00-7 Planner Steve Wensman indicated that TCF National Bank is requesting a conditional use permit to construct a financial institution in Elk Park Center Planned Elk River City Council Minutes April 17~ 2000 Page 5 Unit Development, located at the northeast corner of Jackson and Freeport Avenue. Steve reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. Mike Craft, of Shea Architects, representing TCF, presented a drawing of the finished building. He further noted that TCF will comply with all recommendations made by the Planning Commission. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY TCF NATIONAL BANK TO CONSTRUCT A 4,340 SQUARE FOOT FINANCIAL INSTITUTION WITH A SEVEN LANE 2,452 SQUARE FOOT CANOPY DRIVE-UP AREA WITH THE FOLLOWING CONDITIONS: 1. THE CITY ENGINEER COMMENTS BE INCORPORATED INTO THE PLANS. A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLING THE WALL OR MONUMENT SIGNS. THE DRIVEWAY AROUND THE DRIVE-THRU BE STRIPED TO ACCOMMODATE FREE TRAFFIC AROUND STACKED VEHICLES. 4. PARKING STALLS BE STRIPED AS REQUIRED BY CITY ORDINANCE. SNOW FENCING BE PROVIDED AROUND TREES TO BE SAVED PRIOR TO ANY CONSTRUCTION TO PREVENT GRADING, STORAGE, OR PARKING THAT MIGHT DAMAGE THE TREES. THE SIDEWALK ON THE WEST SIDE OF THE PRIVATE DRIVE EXTEND TO THE DRIVE LANE OF NORWEST BANK. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Patrick Ga.qnon for Preliminary and Final Plat, Norwood Addition, Public Hearin.q Case No. P 00-4 Planner Steve Wensman indicated that Patrick Gagnon is requesting preliminary and final plat approval of Norwood Addition, which is a 4 per 40 subdivision with 10 acres per lot in the A1 zoning district located across from the Pheasant Run subdivision. Steve reviewed the staff report on both the preliminary and final plat. He noted that the Planning Commission unanimously recommended approval of the preliminary plat. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF NORWOOD ADDITION REQUESTED BY PATRICK GAGNON WITH THE FOLLOWING CONDITIONS: Elk River City Council Minutes April 17~ 2000 Page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o 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. ° AN ESCROW ACCOUNT FOR $2000.00 BE PROVIDED TO COVER THE COST OF REMOVAL OF THE BARN IF IT IS NOT REMOVED BY APRIL 17, 2002. THE ESCROW CAN BE RELEASED ONCE A HOUSE IS BUILT. 9. DRAINAGE AND UTILITY EASEMENTS BE PROVIDED FROM THE 100 FEET SETBACK FROM THE TROTT BROOK TO THE REAR OF THE PROPERTY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-23 GRANTING FINAL PLAT APPROVAL FOR NORWOOD ADDITION, CASE NO. P 00-4. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Tally Ho for General Piannin.q Permit, Public Hearin.q Case No. GP 00-2 Director of Planning Michele McPherson indicated that Tally Ho Restaurant is requesting to alter an existing non-conforming freestanding sign at 17069 Highway 10. Michele reviewed the staff repoff on this issue. She noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. Charlie Houle, 1018 6th Street, Elk River, property owner of the site, indicated he was present to answer questions. There being no further comments, Mayor Klinzing closed the public hearing. Elk River City Council Minutes April 17, 2000 Page 7 COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST TO ALTER AN EXISTING NON-CONFORMING SIGN TO ALLOW CHANGING THE SIGN FACE FROM FOOD TO EMBERS AND PLACING THE EMBERS LOGO AT A LOWER LOCATION ON THE SIGN. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Request by D.F. Peck for Preliminary Plat (Whitetail Rid.qe), Public Hearing Case No. P 00-5 Director of Planning Michele McPherson indicated that the city has received a request from D. F. Peck for preliminary plat approval for a clustered eighteen-lot single family plat located at Polk Street and 203rd Avenue. Michele McPherson indicated that the applicant is proposing to plat a 39-acre parcel utilizing the clustering provision in the subdivision ordinance. The applicant is proposing to plat eighteen single family lots and to leave 21 acres as open space. Michele reviewed the staff report on this issue. She noted that the Planning Commission recommended approval of the request. She further indicated that the Planning Commission did not feel that the proposed grading was an issue, however staff did have a concern regarding the grading in regard to the impact it may have on trees and adjacent properties. Mayor Kiinzing opened the public hearing. Mr. Wiley requested clarification of the future access to his property and how it would affect his driveway. Dennis Peck, applicant, indicated that they would make every effort to preserve as many trees as possible. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT APPROVAL REQUESTED BY D.F. PECK FOR WHITETAIL RIDGE WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE 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 THE PERIOD OF ONE YEAR. Elk River City Council Minutes April 17~ 2000 Page 8 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. A SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. RIGHT-OF-WAY BE PROVIDED ON THE NORTH SIDE OF POLK STREET TO PROVIDE ACCESS TO THE PROPERTY TO THE NORTH. 14. OUTLOT A AND OUTLOT B BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 15. ALL MAILBOXES BE CLUSTERED. 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY 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. 18. THE DEVELOPER ACQUIRE ADDITIONAL PROPERTY FROM THE PROPERTY OWNER TO THE NORTH IN ORDER TO PROVIDE THE REQUIRED 60 FOOT RIGHT-OF-WAY FOR POLK STREET. 19. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY OWNERS. 20. CONSTRUCTION OF A HOUSE ON LOT 7, BLOCK 2 SHALL BEGIN WITHIN 2 YEARS OF RECORDING THE FINAL PLAT. IF CONSTRUCTION IS NOT STARTED WITHIN 2 YEARS THE STORAGE BUILDING ON SAID LOT SHALL BE REMOVED. AN ESCROW ACCOUNT IN THE AMOUNT OF $2,000 SHALL BE SET UP TO COVER THE COST OF REMOVING THE STRUCTURE PRIOR TO RELEASING THE PLAT FOR RECORDING. 21. LANDSCAPE OUTLOT A TO SCREEN THE SEPTIC AREA FROM STREET. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes April 17~ 2000 Page 9 6.7. Request by REP, Ltd. of Elk River for Easement Vacation, Public Hearin.q Case No. EV 00-1 Director of Planning Michele McPherson noted that Gary Santwire of REP Ltd. is requesting to vacate a 10' x 60' portion of a drainage and utility easement to allow the construction of additional parking spaces at 650 Dodge Avenue. Michele reviewed the staff report on this issue. She noted that if approved, a third condition should be added regarding no parking/fire lane signs and striping to ensure access for emergency vehicles. Mayor Klinzing opened the public hearing. Gary Santwire, 200 5th Street, noted that he is in full agreement with the conditions 1 through 3. Mike Sultany, 11272 190th Avenue NW, noted his concern regarding the removing of the retaining wall and the effect it will have on his driveway at Goodyear. Bob Rich, business owner, indicated his concern as well regarding the erosion if the wall is removed. There being no further comments, Mayor Klinzing closed the public hearing. City Engineer Terry Maurer indicated that he did not feel the moving of the wall would adversely effect the pond area. Councilmember Thompson indicated that striping was not necessary if signage is provided in regard to the fire lane. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-24 FOR VACATING DRAINAGE AND UTILITY EASEMENTS FOR CASE NO. EV 00-1 WITH THE FOLLOWING CONDITIONS: THE APPLICANT WORK WITH THE CHIEF BUILDING OFFICIAL REGARDING THE REQUIREMENTS TO BE MET FOR CONSTRUCTION OF THE RETAINING WALL. THE APPLICANT PROVIDE A LEGAL DESCRIPTION OF THE AREA TO BE VACATED. THE SOUTH SIDE OF THE DRIVEWAY BE SIGNED TO INDICATE NO PARKING/FIRE LANE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. Request by Nature's Hideaway to Expand Liquor License, Elk River Country Club, Public Hearin.q Councilmember Motin noted that he was representing the Elk River Country Club in lease negotiations with Nature's Hideaway, however, he did not believe there is a conflict of interest as the deal was not contingent upon council approval of the request. Elk River City Council Minutes April 17, 2000 Page 10 Director of Planning Michele McPherson indicated that Nature's Hideaway is requesting approval of a conditional use permit to allow expansion of their existing liquor license to full service on sale liquor license. Michele reviewed the staff report on this issue. She noted that the Planning Commission recommended approval of the request. 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 REQUEST FOR AN ON SALE LIQUOR LICENSE FOR NATURE'S HIDEAWAY AT ELK RIVER COUNTRY CLUB, WHICH IS AN EXPANSION OF THE EXISTING CONDITIONAL USE PERMIT, WITH THE FOLLOWING CONDITION: THE APPLICANT COMPLIES WITH THE CITY'S LIQUOR LICENSING REQUIREMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9. Request by Wapiti Park Camp,qround for Conditional Use Permit, Public Hearin.q, Case No. CU 00-6 Director of Planning Michele McPherson indicated that Wapiti Park Campground is requesting an interim use permit to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly at Wapiti Park Campground located at 18746 Troy Street. She explained that the use of the property for a campground is a legal non-conforming use. She further noted that the Planning Commission recommended approval of the interim use based on the condition that approval is valid for ten years or until the property is redeveloped. The council suggested adding to that condition, "or until the property is sold." Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. The owners of the campground were present and had no objections with the conditions. COUNCILMEMBER THOMPSON MOVED TO GRANT THE INTERIM USE PERMIT TO WAPITI PARK CAMPGROUND TO ALLOW RECONSTRUCTION OF A 30' X 55' STRUCTURE WITH THE FOLLOWING CONDITIONS: THE APPROVAL IS VALID FOR TEN YEARS, UNTIL THE PROPERTY IS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. THE BUILDING WILL COMPLY WITH THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes April 17~ 2000 Page 11 6.10. Request by City of Elk River for Land Use Map Amendment for Tyler Street Properties, Public Hearing, Case No. LU 00-3 6.11. Request by City of Elk River for Rezoning of Tyler Street Properties, Public Hearin.q Case No. ZC 00-1 Director of Planning Michele McPherson noted that the City of Elk River is requesting approval of rezoning and land use designations for remnant parcels along Tyler Street. Michele reviewed the staff report on this issue. Michele noted that the Planning Commission recommended approval of the rezoning and land use changes based on the following findings: The rezoning and land use changes acknowledges a new physical boundary between zoning districts ~Tyler Street). The rezoning and land use changes are consistent with the Comprehensive Plan. The changes in zoning and land use designation promote compatible zoning and land use of the remnant parcels created by the city's right-of- way acquisition with adjacent parcels. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 00-08 AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 00-1. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-25 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USES FOR CERTAIN PROPERTIES AS DESCRIBED, CASE NO. LU 00-3. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.12. Request by City of Elk River to Adopt New Ri.qht-of-Way Ordinance Section 1200 of the City Code Director of Planning Michele McPherson noted that the city is requesting to repeal Section 1200, Excavation and Streets, of the City Code and to adopt a new Section 1200 that would establish city standards for working in the right-of-way. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 00-09 AMENDING SECTION 1200 0F THE CITY CODE OF ORDINANCES RELATING TO STREETS AND SIDEWALKS AND STREET EXCAVATIONS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-26 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 00-09, AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE ISSUANCE AND REGULATION OF STREET DISRUPTION PERMITS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes April 17~ 2000 Page 12 7. Staff Updates The city administrator informed the council that it is anticipated that the King and Main Street site will be sold on April 24. The city administrator advised the council that the police department will be purchasing a child security identification system with funds that have been donated by the community. The city administrator advised the council that the police department will be replacing linoleum floors with tile at an approximate cost of $2600. The city afrorney updated the City Council on the Deschenes property eminent domain process. 8. Other Business The city engineer updated the City Council on the Highway 101 bridge replacement project. Mayor Klinzing noted that the city was presented an award at the Boys & Girls Club open house. The Ambassador Champion Award was received for using green products in the Boys & Girls Club. Mayor Klinzing thanked Councilmember Thompson for his leadership in the project. 9. Adiournment Ther~ being no further business, Mayor Klinzing adjourned the meeting at 9:05 p.m. ~Jandra Peine City Clerk