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08-21-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 21, 2000 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Motin, Farber, Dietz, and Thompson None Pat Klaers, City Administrator; Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Terry Maurer, City Engineer; Cathy Mehelich, Director of Economic Development; Marc Nevinski, Assistant Director of Economic Development; Mark Mathison, Attorney; Peter Beck, City Attorney; Tina Allard, Recording Secretary o Call Meetinq 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. Consider 8/21/2000 A.qenda The following amendments were made to the agenda: · Item 4.1. Public Hearing: TIF District No. 21, SoftPac, Inc./Opus Northwest moved to Item 6.6a. · item 6.6a. Consider Business Center Drive Restriping moved to Item 6.6b. · Item 7.2. Cargill Update added to the agenda. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 8/14/00 REGULAR CITY COUNCIL MINUTES- APPROVED REQUEST BY SALINA SALON/CARIBOU COFFEE FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR PUD, PUBLIC HEARING, CASE NO. CU 00-27 - POSTPONED TO 9/18/00 CONSIDER TEMPORARY ON-SALE LIQUOR LICENSE FOR ELK RIVER LIONS FOR 9/16/00 ELK RIVER FIRE DEPARTMENT OPEN HOUSE - APPROVED AUTHORIZATION TO HIRE ANNETTE BONIN FOR ACTIVITY ASSISTANT POSITION AT A BEGINNING WAGE OF $9.00 PER HOUR - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes August 21, 2000 Page 2 4.2. 4.3. 4.4. 4.5. Consider Resolution Awardinq Sewer Lininq Bids for Holt and Gates City Engineer Terry Maurer presented the bids for the Holt and Gates sewer lining, which were opened on July 24. He stated he would recommend award to Insituform Tech USA, Inc. as the lowest responsible bidder in the amount of $38,8O5.OO. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-69 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEWER LINING PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Park and Recreation Commission Action Director of Planning Michele McPherson updated the council on the Park and Recreation Commission activities for the month of August. Ms. McPherson stated that the Park and Recreation and Planning Commissions are concerned about the loss of trees as part of developments and as the city continues to develop the parr system. The Park and Recreation and Planning Commissions are recommending that the City Council establish a task force for a tree preservation plan. Mayor Klinzing and Councilmember Thompson indicated that they are in favor of a task force, but do not see the need for the city to hire a full-time forester. COUNCILMEMBER MOTIN MOVED TO ESTABLISH A TASK FORCE FOR A TREE PRESERVATION PLAN THAT WOULD INCLUDE A COUNTY FORESTER, REPRESENTATION FROM THE PLANNING COMMISSION, PARK AND RECREATION COMMISSION, CITY COUNCIL, AND DEVELOPER AND INDIVIDUAL PROPERTY OWNERS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The council stated that it needs more information from the Park and Recreation Commission on the size, membership, and goals foi' the task force. The council viewed a videotape highlighting the Devine barn, the Ray Schwartz Memorial, and the Lion's Park play area. Community Recreation Update Councilmember Motin updated the council on recent Community Recreation Board activities. Utilities Commission Update Councilmember Dietz updated the council on July and August Utilities activities. Mr. Dietz informed the council that Anita Dukor was hired as a consultant. He indicated that Utilities is searching for a site for a new well and water tower and is considering a 1 acre piece in Hillside Park. Mr. Dietz stated that Utilities is in the Elk l~iver City Council Minutes August 21, 2000 Page 3 process of establishing a "disconnect policy" for people who do not pay their water bill. 5. Open Mike Tom Kurnpula, 13,?,1,~ 1§%d Avenue, submlffed a pefJJlon fo the ciJry requesting an Environmental Assessment Worksheet (EAW) for the proposed manufacturing facility project by Opus Northwest (ANC/Softpac Industries, Inc. 6.1. Request by Phoenix Enterprises, LLC for Final Plat Approval (Woods of Hillside), Case No. P 00-14 Councilmember Thompson stepped down from the council table for this issue due to a conflict of interest. Senior Planner Scott Harlicker indicated that Phoenix Enterprises is requesting final plat for Woods of Hillside Two, which is located northeast of the intersection of 193rd Avenue and Auburn Street. Scott stated that the final plat consists of 21 lots and includes the extension of 193rd Avenue to the east and the construction of Zane Street between 193rd and 195th Avenues. Scott reviewed the staff report on this issue. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-70 GRANTING FINAL PLAT APPROVAL FOR WOODS OF HILLSIDE SECOND ADDITION CASE NO. P 00-14 WITH THE FOLLOWING CONDITIONS: 1. 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. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100 PERCENT OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 PERCENT OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 4. 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. 5. A SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. Elk River City Council Minutes August 21, 2000 Page 4 o STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. A LANDSCAPE PLAN AND CLEARING AND TREE PROTECTION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. 11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. MINIMUM SETBACKS SHALL BE: FRONT YARD 30 FEET SIDE YARD 5 FEET REAR YARD 5 FEET GARAGE SIDE 5 FEET 12. ACCESSORY STRUCTURE SETBACKS SHALL BE: FRONT YARD 30 FEET SIDE YARD 5 FEET REAR YARD 5 FEET 13. ALL MAILBOXES SHALL BE CLUSTERED. 14. WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. THE APPLICANT PAY PARK DEDICATION FEES CONSISTENT WITH THE ORDINANCE PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. THE NAME OF THE STREET BETWEEN 195TM AND 193Re> AVENUES SHALL BE LABELED AS ZANE STREET ON THE FINAL PLAT. 17. DRAINAGE AND UTILITY EASEMENTS BE PLACED OVER THE WETLANDS ON LOTS 1 AND 2, BLOCK 3, AND ON LOTS 4 AND 5, BLOCK 2. 18. 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. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Request by Floyd Kruse and Les Lundquist for Final Plat Approval IK & L Addition), Case No. P 00-1 Director of Planning Michele McPherson stated that the applicants are requesting final plat approval of eight lots for K&L Addition. She indicated that Mr. Lundquist is the owner of proposed Lots 9-13, Block 1, and Mr. Kruse is the owner of the area encompassed by proposed Lots 1-8, Block 1 as well as Vance Street right-of-way and a portion of proposed Lot 1, Block 2. Michele noted that the purpose of the proposed plat is to prepare lots for sale now that utilities are available to the area. Michele reviewed the staff report on this issue. Mayor Klinzing questioned why there is not a public right-of-way or service drive across these properties along the highway. Elk River City Council Minutes August 21, 2000 Page 5 6.3. Mr. Maurer indicated that the city will want an opportunity to reevaluate the access to these lots if the businesses change. COUNClLMEMBER FARBER MOVED TO APPROVE RESOLUTION 00-71 APPROVING THE FINAL PLAT OF K&L ADDITION WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. ALL OF THE CITY ENGINEER'S COMMENTS BE ADDRESSED. 3. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 4. STORM WATER MANAGEMENT FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 5. STREET LIGHTS AS REQUIRED BY ELK RIVER UTILITIES BE INSTALLED. 6. A SEAL COAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Katherine Simmons for Conditional Use Permit, Public Hearinq - Case No. CU 00-23 Senior Planner Scott Harlicker stated that Katherine Simmons has made a request for a conditional use permit to raise and sell domestic show rabbits in her home at 231 Nile Place. Scott reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. There being no for or against the matter Mayor Klinzing closed the public hearing. Councilmember Motin questioned what recourse the city would have if any health issues developed. Ms. McPherson stated that the city does have an established policy to revoke the CUP if any health issues arise. COUNClLMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY KATHERINE SIMMONS WITH THE FOLLOWING CONDITIONS: 1. SHOULD THE COMPOSTING OF RABBIT WASTE BECOME A NUISANCE, THE APPLICANT SHALL DISPOSE OF THE WASTE OFF-SITE. 2. THE PREMISES BE SUBJECT TO ON-SITE ANNUAL INSPECTION AND LICENSE. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes August 21, 2000 Page 6 6.4. 6.5. Request by Salina Salon for Amendment to Conditional Use Permit to Chan.qe Location for Therapeutic Massaqe, Public Hearin.q - Case No. CU 00-26 Senior Planner Scott Harlicker indicated that Cynthia Sanborn of Salina Salon is requesting an amendment to a conditional use permit to operate a therapeutic massage business. Scott reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. There being no one for against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITION: 1. THE APPLICANT RECEIVES APPROVAL OF A LICENSE FOR THERAPEUTIC MASSAGE FROM THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by River of Life Evanqelical Church for Conditional Use Permit, Public Hearin.q - Case No. CU 00-24 Director of Planning Michele McPherson stated that River of Life Church is requesting a conditional use permit be approved to allow construction of a 23,550 square foot church in the A1 District. Ms. McPherson reviewed the staff report on this issue and played a videotape showing the location. Mayor Klinzing opened the public hearing. Betty Belanger, 21531 Elk Lake Road, commented that she didn't want the holding pond included on the church site, as it would not sustain water. Ms. Belanger felt the holding pond would create a mosquito breeding ground. Tom Thompson, 12899 217th Avenue, mentioned that he was concerned with the location of the driveway. Mr. Thompson would rather see vehicles stack up in the parking lot rather than on 217th Avenue. Gary Demele, project architect, stated that the access from County Road 1 would relieve some of the stacking issues. There being no further comments from the public, Mayor Klinzing closed the public hearing. Councilmember Thompson inquired whether the city could make the 217Ih Avenue access an entrance only and make all traffic exit to County Road 1. Ms. McPherson stated that could be evaluated a part of Phase II. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY RIVER OF LIFE CHURCH TO CONSTRUCT A CHURCH IN THE A1 DISTRICT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. Elk River City Council Minutes August 21, 2000 Page 7 THE LANDSCAPE PLAN SHALL BE REVISED AS INDICATED ON THE ATTACHED AMENDED LANDSCAPE PLAN INCLUDING ADDITIONAL LANDSCAPE ISLANDS IN THE PARKING LOT. THE PLAN SHALL INCLUDE AN INVENTORY OF TREES ELIGIBLE FOR CREDIT. 3. THE SITE PLAN SHALL BE AMENDED TO INCLUDE WIDER SIDEWALKS AND A NEW SIDEWALK ALONG THE NORTHERLY PARKING AREA. THE ACCESS TO COUNTY ROAD 1 SHALL BE CONSTRUCTED IN PHASE 1, AND THE APPLICANT SHALL OBTAIN A SHERBURNE COUNTY ACCESS PERMIT AND COMPLY WITH ALL CONDITIONS REQUIRED BY THAT PERMIT. 5. THE DRIVEWAY ON 217TM AVENUE SHALL BE RELOCATED AS FAR EAST AS POSSIBLE AND CONSTRUCTED IN PHASE 2. 6. THE CURB AND GU'ri'ER AROUND THE PERIMETER OF THE PARKING LOT SHALL BE CONCRETE EXCEPT IN AREAS PROPOSED TO BE EXPANDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed for a 15-minute break. 6.6. Request by Opus Northwest (ANC/SoftPac Industries, Inc.) for Conditional Use Permit, Public Hearinq - Case No. CU 00-28 Director of Planning Michele McPherson indicated that ANC/Opus Northwest (SoftPac/has requested a conditional use permit to allow construction of five 12'x37' above-ground storage tanks to be constructed in con]unction with a manufacturing facility. Michele reviewed the staff report on this issue regarding ponding, landscaping, lighting, and garbage. Bob Jones, co-owner of Softpac, stated that $oftpac would be a fully automated manufacturing business of juice pouches, which would eventually service the northern tier states. Roger Johnson, with Opus Northwest, explained building design, landscaping, and traffic patterns of the Softpac site. Mayor Klinzing opened the public hearing. Dick Nelson, 18276 Kent Street, submitted a petition requesting that the city enforce the ordinance standards and discussed concerns of the petitioners, such as noise levels, lighting, traffic, water consumption, and landscaping. Roger Johnson, with Opus Northwest, informed the council that it is $oftpac's intention that when people walk down the south pathway of the property they would not notice the building due to the screening by a berm and trees. John Dennison, indicated concerns of noise levels and truck traffic. Ell~ River City Council Minutes Page 8 August 21, 2000 Bill Herzog, 13711 182nd Avenue, mentioned concerns about parking on-site and Softpac eventually becoming a 24-hour operation. Mr. Herzog commented that he would like to see the Business Park rezoned to residential. Tom Kumpula, 13515 182nd Avenue, indicated that he is against allowing $oftpac to build on Business Center Drive. Mr. Kumpula mentioned concerns regarding building design standards, noise, and traffic. Mr. Kumpula questioned whether Softpac would actually bring jobs into the community. Herb Jones, 13666 182nd Avenue, stated concerns regarding noise levels after the second phase of $oftpac. Heather Altman, 13535 182n~ Avenue, questioned whether $oftpac fit into the definition of Business Park, or if it should really be in a Light Industrial Park. Shirley Anderson, 13548182,~ Lane, commented that she is against Softpac going in the Business Park. Dan Anderson, 13710 183rd Avenue, stated concerns about future expansion, noise, and fair parking. Mr. Anderson would like to see the Business Park rezoned. Renee Kumpula, 13515 182nd Avenue, mentioned concerns about noise and food odors. Rick Gould, 18249 Naples Street, stated concerns about noise, truck traffic, and property values. Russell Peterson, 18239 Kent Street, stated his concern of noise and that the building setbacks were too close to the roadway. There being no further comments from the public, Mayor Klinzing closed the public hearing. Ms. McPherson informed the council that there would be no lighting beyond the property line. Ms. McPherson also reviewed the definition of Business Park, Light Manufacturing, and Heavy Manufacturing according to the Zoning Code. City Engineer Terry Maurer noted that water consumption by Softpac would not present a problem for the Elk River Utilities. .John Dennis, Softpac, stated that there would be trucks coming into the site around the clock, but that they would not be constant. Mr. Dennis commented that the lighting is designed for the safety of employees and also noted that the juice manufacturing system would run on a closed loop system so there would be no odor. Mr. Dennis stated that Softpac is willing to work with the neighbors. COUNCILMEMBER FARBER MOVED TO POSTPONE ACTION ON THIS MA'rl'ER UNTIL STAFF HAS HAD TIME TO EVALUATE THE PETITION REQUESTING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) AND UNTIL STAFF HAS HAD A CHANCE TO RESEARCH STATE LAW AND EQB REGULATIONS ON THIS ISSUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ell~ River City Council Minutes Page 9 August 21, 2000 Mayor Klinzing advised the public that this issue would be on the August 28, 2000 City Council agenda. 4.1. Public Hearinq: TIF District No. 21: Opus Northwest/JANC/SoftPac, Inc.) Assistant Director of Economic Development Marc Nevinski stated that this public hearing is being held in accordance with State Statutes to satisfy the requirements of both the Tax Increment Financing and Business Subsidy Laws. Marc indicated that TIF 21 has been proposed to assist in financing the development of the Emmerich site in the West Business Park. He stated that the proposed project would include the purchase of land and the construction of a 73,000 square foot manufacturing facility by Opus Northwest, LLC. The facility would be leased to SoftPac, Inc. Iformerly ANC) who produces, packages, and distributes various juice drinks in boxes and pouches. Marc further indicated that SoftPac anticipates creating 60-80 jobs. 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 POSTPONE ANY ACTION TO ADOPT THE TAX INCREMENT FINANCING PLAN FOR THE CREATION OF TIF DISTRICT 21 UNTIL ACTION IS TAKEN REGARDING THE CONDITIONAL USE PERMIT REQUEST BY OPUS NORTHWEST (ANC/SOFTPAC INDUSTRIES, INC.) COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6a. Business Center Drive Restripin.q City Engineer Terry Maurer requested that any action concerning the restriping of Business Center Drive be postponed until action has been taken concerning the Conditional Use Permit request by Opus Northwest (ANC/Softpac Industries, Inc.) COUNCILMEMBER FARBER MOVED TO POSTPONE ANY ACTION CONCERNING THE RESTRIPING OF BUSINESS CENTER DRIVE UNTIL ACTION IS TAKEN REGARDING THE CONDITIONAL USE PERMIT REQUEST BY OPUS NORTHWEST (ANC/SOFTPAC INDUSTRIES, INC.) COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7, Request by Beaudry Oil Company for Amendment to Conditional Use Permit, Public Hearinq - Case No. CU 00-25 Senior Planner Scott Harlicker stated that Beaudry Oil is requesting an amendment to an existing conditional use permit. As part of the original conditional use permit approval, staff had prepared a recommended landscape and curbing plan for the Highway 10 frontage. The landscaping and curbing was never installed due to resistance from MnDOT and because Beaudry Oil was concerned that the landscape strip restricted vehicular access and visibility. The curbing and landscape plan prepared by staff is still unacceptable to Beaudry Oil, and they have prepared a revised curbing and landscape plan for the' council. Scott reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. Elk River City Council Minutes August 21, 2000 Page 10 6.8. Ken Beaudry, 19701 Rush Street, informed the council of the history of the property and indicated that he is willing to work with staff. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AMENDMENT TO A CONDITIONAL USE PERMIT FOR BEAUDRY OIL WITH THE FOLLOWING CONDITION: THAT STAFF WORK WITH MNDOT TO GET APPROVAL TO REMOVE THE BITUMINOUS FROM THE RIGHT-OF-WAY AND THAT THE APPLICANT THEN REMOVE THE BITUMINOUS AND INSTALL TURF. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by City of Elk River for Easement Vacation, Public Hearincl - Case No. EV 00-8. Director of Planning Michele McPherson stated that the city is requesting a portion of a drainage and utility easement located in the southeast corner of Lot 1, Block 1, Country Crossing Business Center Second Addition be vacated. She indicated that the subject parcel is proposed to be subdivided into two parcels through the administrative subdivision process and sold from the EDA to two new property owners; Track of the Wolf and Equity Management. Michele reviewed the staff report on this issue. Mayor Klinzing opened the public hearing. Tom Thompson 12899 217th Avenue, indicated concerns regarding County Fair parking and whether this would cause the Fair to move elsewhere. There being no further comments from the public, Mayor Klinzing closed the public hearing. Councilmember Dietz noted that the Sherburne County Fair had ample opportunity in the mid 1990's to purchase this piece of property, but chose not to do so. Mr. Dietz stated that the Sherbume County Fair is currently constructing new buildings on their site, so they most likely are not considering a move. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-72 VACATING THE DRAINAGE AND UTILITY EASEMENT AS DESCRIBED. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,9. Request by City of Elk River for Administrative Subdivision, Public Hearin.q - Case No. AS 00-5 Director of Planning Michele McPherson stated that the city is requesting an administrative subdivision to subdivide Lot 1, Block 1, Country Crossing Business Center 2nd Addition into two parcels. She indicated the subject parcel is approximately 4.3 acres in area and is proposed to be subdivided in two parcels with approximately equal areas. Michele reviewed the staff report on this issue. Ell~ River City Council Minutes August 21, 2000 Page 11 7.01. 7.1. 7.2. Mayor KlinzJng opened the public hearing. There being no one for or against the matter, Mayor KlinzJng closed the public hearing. COUNClLMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST WITH THE FOLLOWING CONDITIONS: THE ECONOMIC DEVELOPMENT AUTHORITY PAY PARK DEDICATION FEES IN THE AMOUNT OF ,$2,000 PER ACRE. STORM WATER MANAGEMENT FEES IN THE AMOUNT OF ,$3,768.56 BE PAID BY THE ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. EDA Site City Administrator Pat Klaers handed out a memo informing the council that Mr. Riplinger is proposing to increase the size of his building from 15,200 square feet to 22,500 square feet. Mr. Klaers recommended that the city absorb the entire cost of extending sewer and water to this property in consideration of the immediate increase in space. Director of Economic Development Cathy Mehelich stated that she would bring this request back: to council on August 28, 2000 for formal approval. Eastern Area Improvements Mr. Maurer informed the council that he received a call from Richard Graham, who lives on Tyler Street between 173rd and 175th Avenue, stating he was out of water. Mr. Maurer indicated that he could find no reason due to construction activities and/or dewatering activities that would have caused Mr. Graham's well to go dry. Mr. Maurer commented that Mr. Graham's water supply is very susceptible to drought conditions, which the Elk: River area has been experiencing this summer. Mr. Graham's indicated to Mr. Maurer that the city should connect him to the city water system. Mr. Maurer asked for direction from Council on how to proceed. COUNCILMEMBER DIETZ MOVED TO TAKE NO ACTION ON THIS ISSUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Motin requested that this issue come back: before the council in a few months. City Engineer Terry Maurer updated the council on east Elk: River improvement projects. Cargill City Attorney Peter Beck indicated that the city may have reached an agreement with Cargill and it will be discussed at an Executive Session of the City Council on August 28, 2000. Elk River City Council Minutes August 21, 2000 Page 12 8. Other Business There was no other business. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk ,.R. jyer City Council at 9:30 p.m. Tine Allard ~ X, Recording Secretary ~