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08-20-2001 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 20, 2001 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, City Attorney Peter Beck, and Recording Secretary Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider 8/20/01 Agenda Councilmember Motin requested to add Item 8.1, Transportation Issues, to the agenda. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1.REQUEST BY CASCADE LAND COMPANY, LLC FOR LAND USE MAP AMENDMENT TO INCLUDE CERTAIN PROPERTY IN URBAN SERVICE AREA, PUBLIC HEARING – CASE NO. LU 01-06 (POSTPONED) – APPROVED 3.2.REQUEST BY DYNAMIC DESIGN & LAND CO. FOR PRELIMINARY PLAT APPROVAL – CASE NO P 01-0 (WITHDRAWN) – APPROVED 3.3.CALL SPECIAL MEETING FOR SEPTEMBER 4, AT 6:00 PM, TO DISCUSS 2002 CITY BUDGET - APPROVED 3.4.REQUEST BY ELK RIVER STATION, LLP FOR WAIVER TO THE TOWNHOME MORATORIUM (POSTPONED 8/27/01) - APPROVED 3.5.REQUEST BY ELK RIVER STATION, LLP FOR LAND USE AMENDMENT TO CHANGE THE LAND USE FROM L1, LIGHT INDUSTRIAL AND LR, LOW DENSITY RESIDENTIAL, TO CC, COMMUNITY COMMERCIAL & MR, MEDIUM DENSITY RESIDENTIAL, AND TO BRING PROPERTY INTO THE URBAN SERVICE DISTRICT, PUBLIC HEARING – CASE NO. LU 01-02- (POSTPONED 8/27/01) - APPROVED 3.6.REQUEST BY ELK RIVER STATION, LLP FOR REZONING FROM R1A AND A1 TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC City Council Minutes Page 2 August 20, 2001 ----------------------------- HEARING – CASE NO. ZC 01-03 – (POSTPONED 8/27/01) - APPROVED 3.7.REQUEST BY ELK RIVER STATION, LLP FOR PRELIMINARY PLAT APPROVAL (ELK RIVER STATION), PUBLIC HEARING – CASE NO. P 01-05 – (POSTPONED 8/27/01) - APPROVED 3.8.REQUEST BY ELK RIVER STATION, LLP FOR CONDITIONAL USE PERMIT (ELK RIVER STATION), PUBLIC HEARING – CASE NO. CU 01-08 – (POSTPONED 8/27/01) - APPROVED COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Executive Session of City Council – Deschene Litigation The City Council recessed at 6:05 p.m. to go into Executive Session to discuss the Deschene Litigation. The City Council reconvened at 6:40 p.m. 5.1. Community Recreation Update Councilmember Motin stated that the Community Recreation Board is preparing to dissolve at the end of the year and Elk River will have its own recreation department. 5.2.Utilities Commission Update Councilmember Dietz stated that bids were accepted for the construction of the east Elk River water tower contingent upon City Council approval of the plat request. Councilmember Dietz stated that Utilities is still searching for locations for administrative offices. He stated that Utilities is considering the First National Insurance building located at 716 Main Street. Councilmember Dietz stated that he would like Council input regarding the possibility of including the Utilities relocation with the City Hall expansion project. Councilmember Tveite stated that he would strongly encourage Utilities to consider being involved with the City Hall expansion project. He believed it would be more economical. Councilmember Kuester concurred. Councilmember Dietz stated that Utility Superintendent Bryan Adams believed it would be inconvenient for customers to have to drive to City Hall. Councilmember Dietz stated that the Chamber was concerned about losing customers to other downtown businesses if the utility offices moved to city hall. Mayor Klinzing stated that Utilities should consider the City Hall expansion project. Councilmember Motin questioned whether a downtown location was the best option and encouraged evaluation of sites near the Fire Hall and locating at City Hall. 5.3.Park and Recreation Commission Update ? Consider New Park Names – Director of Planning Michele McPherson stated that the Park and Recreation Commission is recommending new park names for some parks to City Council Minutes Page 3 August 20, 2001 ----------------------------- eliminate confusion and to better differentiate names. Ms. McPherson reviewed the proposed park names. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE NEW PARK NAMES RECOMMENDED BY THE PARK AND RECREATION COMMISSION WITH THE CONDITION THAT THE WORD PARK BE ADDED INTO THE HIGHLANDS EAST AND HIGHLANDS WEST PARK NAMES. COUNCILMEMBER TVEITE SECONDED THE MOTION. Councilmember Motin questioned if the Jackson and Main site was ever officially dedicated as parkland. City Administrator Pat Klaers stated that this property was turned over to the city but no formal action was taken to declare it as parkland. COUNCILMEMBER MOTIN AMENDED THE MOTION TO REMOVE THE JACKSON AND MAIN STREET SITE FROM THE PARK AND TRAIL MAP AND FROM THE LIST OF PARKS TO RECEIVE NEW NAMES. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE AMENDMENT FAILED 2-3. Councilmembers Dietz, Kuester, and Mayor Klinzing opposed. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO RENAME RIVER’S EDGE PARK TO RIVER’S EDGE COMMONS. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. Councilmember Motin questioned signage in parks. Ms. McPherson stated that staff is currently working on park sign design standards and this item would come before Council at the next Park and Recreation Commission update in September. ? Consider YAC Master Development Plan and Budget – Ms. McPherson reviewed the YAC development plan. She discussed the layout, landscaping, concession and shelter design, and the phasing of the development plan along with the impact to the Park and Recreation’s ten-year capital improvement budget. She stated that youth athletic organizations would help by donating time, material, labor and money to the project. Randy Cook, President of Area 728 Baseball – Presented an $11,000 check to the city as payment toward Phase 1 of YAC. This completed their $44,000 commitment to the field development project. Jerry Palkovic, President of Girls Fastpitch Softball – Presented a $4,000 check to the city to go for past YAC improvements. He stated that his association has committed to donating $4,000 a year for four years for Phase 1 of the project and this is the last payment. Councilmember Dietz questioned when construction of the two fields currently being worked on would be completed. Ms. McPherson stated that Street/Park Superintendent Phil Hals will be doing some work on these fields this fall and next spring and they should be ready by 2003. City Council Minutes Page 4 August 20, 2001 ----------------------------- COUNCILMEMBER DIETZ MOVED TO APPROVE THE YOUTH ATHLETIC COMPLEX DEVELOPMENT PLAN, BUDGET, AND PHASING PLAN, AND THAT $12,500 BE EXPENDED IN 2001 TO BEGIN CONSTRUCTION OF PHASE 2 OF THE COMPLEX. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. ? Revised Snowmobile Ordinance – Ms. McPherson reviewed the proposed new snowmobile ordinance. Mayor Klinzing inquired how penalties would be enforced. Ms. McPherson stated that it would be at the discretion of the police department just as they enforce other laws. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01- 11 OF THE CITY OF ELK RIVER REPEALING ALL OF THE EXISTING SECTION 1104 OF THE CITY CODE OF ORDINANCES AND ADOPTING A NEW SECTION 1104. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Discuss Funding for 171Avenue Signal Modification City Administrator Pat Klaers stated that the city engineer received a letter from Mississippi Ridge Developer Scott Powell. Mr. Klaers stated that Mr. Powell would like the city to pay the cost for a signal arm at the intersection of Highway 10 and 171 Avenue. Scott Powell, developer of Mississippi Ridge – Read the letter that he previously submitted to the city engineer. Mr. Powell stated that he was surprised to hear that he had to pay for the cost of this signal arm. He believed the cost to be significant and unfair. Mr. Powell stated that the city should pay 50% of the cost and MnDOT should pay 50%; MnDOT has already paid two-thirds of the cost of the signal that is there. Mr. Powell stated that he paid to close four entrances to the highway and for an extra parcel of land for safety on the highway. Mr. Powell stated that this signal arm would be a benefit to property owners to the north and to traffic traveling along Highway 10. Mayor Klinzing inquired if MnDOT covered two-thirds of the cost of the signal project. Mr. Klaers stated that he couldn’t verify these costs at this time. Councilmember Motin stated that if Mr. Powell’s development weren’t going into this location there would not be a need for this signal to be modified with a fourth arm. Mayor Klinzing and Councilmember Dietz indicated that they were not comfortable making a decision on this issue until the city engineer was present. This item was postponed until the September 10, 2001, City Council meeting. 5.5.Consider Conduit Bond Policy City Administrator Pat Klaers reviewed the Conduit Bond policy. COUNCILMEMBER TVEITE MOVED TO ADOPT THE CONDUIT BOND POLICY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 5 August 20, 2001 ----------------------------- 6. Open Mike No one appeared for open mike. 7.1. Request to Initiate Land Use Study, Case No. OA 01-07 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that Cascade Land Company made a request to include a six-acre parcel into the Urban Service District. The Planning Commission recommended that a whole area south of 175 Avenue should th be considered rather than pieces of it. The Commission requested the 80 acres located southeast of 175 Avenue and east Tyler Street be reviewed to determine if the area should be rezoned and included in the Urban Service District. Mr. Harlicker stated that the Planning Commission is requesting that the City Council initiate a land use study. Councilmember Kuester asked how the property owners would be involved. Mr. Harlicker stated that they would be included in the Planning Commission discussion. COUNCILMEMBER DIETZ MOVED TO APPROVE A LAND USE STUDY FOR 80 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF 175 AVENUE AND TYLER STREET TO DETERMINE IF THE PROPERTIES SHOULD BE INCLUDED IN THE URBAN SERVICE DISTRICT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Request by Kendall Houlton for Administrative Subdivision, Public Hearing – Case No. AS 01-08 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant would like to subdivide an 8.41-acre parcel into a 6.36-acre parcel and a 1.57-acre parcel located west of Jackson Avenue and south of Morrell Trucking. She discussed park dedication and storm water management fees. Mayor Klinzing opened the public hearing. Keith Glenn, 704 Jackson Avenue – Stated that he is relieved to see Morrell Trucking gone from their former site and he is concerned with what the applicant will propose for the two parcels. He stated that he was concerned with the safety of the children due to the proximity of the schools and the Boys and Girls Club. He was also concerned with drainage issues and ingress/egress to these properties. Ms. McPherson stated that if the parcels needed to be rezoned or required a Conditional Use Permit, property owners would be notified by mail and have a chance to attend a public hearing to voice their concerns regarding a specific proposal. Penny Ross, 510 Jackson Avenue – Stated concern over the safety of the children in the area. She questioned if Jackson Avenue were to become a four-lane road (due to the increase in traffic from these parcels) who would lose their property, the residents on the east side or the businesses on the west side. Mayor Klinzing closed the public hearing. City Council Minutes Page 6 August 20, 2001 ----------------------------- COUNCILMEMBER KUESTER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR KENDALL HOULTON WITH THE FOLLOWING CONDITIONS: 1.THE CITY ENGINEER’S COMMENTS REGARDING THE LEGAL DESCRIPTIONS BE ADDRESSED. 2.THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION AT THE COUNTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Request by Cabot Wormwood for Administrative Subdivision, Public Hearing – Case No. AS 01-02 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting to subdivide a 30-acre parcel into a 20-acre parcel and a 10-acre parcel located at north of 223 Avenue and east of County Road 32. He discussed wetlands, access, park dedication, drainage, and utility easements. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR CABOT WORMWOOD WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2.PARK DEDICATION FEES IN THE AMOUNT OF $1,470 FOR EACH OF THE TWO UNDEVELOPED LOTS BE PAID PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. 3.SURFACE WATER MANAGEMENT FEES IN THE AMOUNT OF $75.21 FOR EACH OF THE TWO UNDEVELOPED LOTS BE PAID PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. 4.A SHARED ACCESS AGREEMENT FOR LOTS A AND B TO ALLOW SHARED ACCESS TO THE DRIVEWAY SHALL BE RECORDED WITH THE COUNTY. 5.DESCRIPTION OF THE DRIVEWAY EASEMENT WILL HAVE TO BE PROVIDED TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO RECORDING THE SUBDIVISION. 6.THE SUBDIVISION SHALL BE IN THE FORM OF A SIMPLE PLAT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 7 August 20, 2001 ----------------------------- 7.4. Request by Phoenix Enterprises for Land Use Map Amendment to Include Certain Propertyin Urban Service Area, Public Hearing – Case No. LU 01-05 7.5. Request by Phoenix Enterprises for preliminary and final plat approval (Eagles Marsh), Public Hearing – Case No. P 01-09 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting to bring a 40-acre parcel into the Urban Service District and is seeking preliminary and final plat approval of Eagles Marsh. She discussed access, grading, utilities, landscaping, and park dedication requirements. Ms. McPherson stated that the reason the developer would like to be included in the Urban Service District is because they are in negotiations with Elk River Municipal Utilities for land to construct a water tower. She stated that the applicant does not intend to develop this property until 2003 and water assessments have been deferred until that time. Mayor Klinzing opened the public hearing for the land use amendment and the preliminary and final plat. Bruce Getz, adjacent property owner – Inquired if any type of lighting were to be put on the water tower. He also expressed concern over incurring any costs due to this development. Utility Superintendent Bryan Adams stated that the tower would be approximately 220 feet tall. City Attorney Peter Beck stated that a red aviation light would need to be installed on the tower. Mayor Klinzing closed the public hearing. Councilmember Dietz questioned whether the sewer assessments have been deferred until 2003. City Administrator Pat Klaers stated that if the developer decided to install sewer now, it is recommended that the city defer assessments until 2003; but if they decide to install sewer at a later date then they would be assessed (when they install the sewer) according to current city policy. Councilmember Motin questioned when this development would begin construction. Daryl Thompson, Riverside Development representative – Stated that the only plan is to rough grade the road this fall so that Elk River Utilities can begin construction on the water tower. Councilmember Motin questioned what happened to the park connection between Kliever Lake Field and Eagle’s Marsh. Ms. McPherson stated that due to the utility easement and the high voltage wire the Park and Recreation Commission decided to take a ten percent land dedication of a parcel near the water. City Council Minutes Page 8 August 20, 2001 ----------------------------- Councilmember Motin questioned what the guidelines were for tree preservation and grading of the site. Ms. McPherson stated that the city engineer has suggested an improved grading plan from the plan submitted by the developer. She stated that the developer would only grade the roadways but the builder for each lot would be responsible for preserving trees on their specific lot by custom grading each building site. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 01- 52 TO AMEND THE URBAN SERVICE AREA MAP OF THE COMPREHENSIVE PLAN TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE DISTRICT PRIOR TO 2007 BASED ON THE FOLLOWING FINDINGS: 1.THE PARCEL IS CURRENTLY IDENTIFIED IN THE COMPREHENSIVE PLAN AS MEDIUM DENSITY RESIDENTIAL AND WITHIN THE URBAN SERVICE DISTRICT; 2.URBAN SERVICES WILL BE AVAILABLE FOR EXTENSION TO THE PROPERTY FROM THE KLIEVER LAKE FIELDS DEVELOPMENT IN 2002; 3.THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER FOR THE EXTENSION OF URBAN SERVICES TO THIS PARCEL; 4.THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER PARCELS WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT FOR EAGLES MARSH WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE. 3.OUTLOTS B AND C SHALL BE DEEDED TO THE CITY WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL EQUAL 3.96 ACRES, THEREFORE OUTLOT B SHALL BE REVISED TO ADD ADDITIONAL PROPERTY TO THE DEDICATION. 4.SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH OF THE THREE STREETS. 5.STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. City Council Minutes Page 9 August 20, 2001 ----------------------------- 6.A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 8.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 9.THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. 10.THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 11.THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY’S PARK BOUNDARY SIGNS. 12.THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01-53 GRANTING FINAL PLAT APPROVAL FOR EAGLES MARSH WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE. 3.OUTLOTS B AND C SHALL BE SHALL BE DEEDED TO THE CITY WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL EQUAL 3.96 ACRES, THEREFORE OUTLOT BE SHALL BE REVISED TO ADD ADDITIONAL PROPERTY TO THE DEDICATION. 4.SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH OF THE THREE STREETS. 5.STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 6.A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes Page 10 August 20, 2001 ----------------------------- 7.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 8.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 9.THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. 10.THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 11.THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY’S PARK BOUNDARY SIGNS. 12.THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Request by Loucks Associates (Qwest Wireless) for Zone Change from A1 (Agricultural) to AT (Antenna Overlay), Public Hearing – Case No. ZC 01-05 7.7. Request by Loucks Associates (Qwest Wireless) for Conditional Use Permit for Cellular Communication Tower, Public Hearing – Case No. CU 01-25 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is leasing property that he is requesting to have rezoned to Antenna Overlay and is requesting a Conditional Use Permit to install a telecommunication tower and equipment pad. He stated that the applicant considered two additional locations but due to signal interference they were not practical sites. Mr. Harlicker stated that a chain link fence would be installed around the tower site and the existing gravel road would be extended into the property. Mayor Klinzing opened the public hearing for the zone change and the conditional use permit. Jared Andrews, representing Loucks Associates – Introduced himself. Rick Haugland, 21401 Highway 169 – Stated that he is opposed to the rezoning and is concerned about this whole property being rezoned when only a portion of it is being used by the communications company. He stated that the maintenance of the driveway is his responsibility. He also stated his concern about his property value. Mayor Klinzing closed the public hearing. Councilmember Tveite questioned the maintenance responsibility for this driveway. Mr. Andrews stated that his company has a stipulation in the lease agreement requiring that the City Council Minutes Page 11 August 20, 2001 ----------------------------- owner maintain the driveway when the telecommunication trucks need access during winter months. Councilmember Dietz stated that maintenance of the driveway is between the property owners. COUNCILMEMBER DIETZ MOVED TO APPROVE ORDINANCE 01-12 OF THE CITY OF ELK RIVER AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY AS DESCRIBED BASED ON THE FOLLOWING FINDINGS: 1.THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2.THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3.THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A 150 FOOT TELECOMMUNICATION TOWER AND SUPPORTING EQUIPMENT WITH THE FOLOWING CONDITIONS: 1.THE AREA TO BE CLEARED MUST BE FENCED PRIOR TO GRADING OR TREE REMOVAL COMMENCING. 2.THE APPLICANT SHALL WORK WITH THE COUNTY FORESTER ON LIMITING THE SPREAD OF OAK WILT. COUNCILMEMBER TVIETE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8.Request by City of Elk River for Ordinance Amendment, Section 900. to Revise Business Park Zoning District Building Designs and Materials Standards, Public Hearing – Case No. OA 01-08 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the Planning Commission has been working with industrial developers to revise the Business Park building material standards. She stated that the proposed ordinance was prepared to address developer and city concerns. Mayor Klinzing opened the public hearing. Rick Martins, Brookstone Inc. – Stated that he believed this ordinance to be a good compromise. City Council Minutes Page 12 August 20, 2001 ----------------------------- Mayor Klinzing closed the public hearing. Councilmember Motin expressed concern over an item in the ordinance that allowed the builder to put up a transition wall that may only have one percent punched openings rather than the 30 % desired. He inquired if Council or staff would have the ability to negotiate that percentage. Mark Pederson, Planning Commission Representative – Stated that the intent was to require a higher percentage to enhance the front side of the building and on the less visible sides they would allow a lower percentage. COUNCILMEMBER KUESTER MOVED TO APPROVE ORDINANCE 01-13 OF THE CITY OF ELK RIVER AMENDING SECTION 900.16 OF THE CITY CODE OF ORDINANCES, BP – BUSINESS PARK DISTRICT. COUNCIL- MEMBER TVEITE SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION TO REQUIRE THAT THERE BE STAFF APPROVAL ON TRANSITION WALLS THAT FALL AT 20% OR LESS PUNCHED OPENINGS. COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. 8.1 Transportation Issues Councilmember Motin stated that with all the development on the east side of town he is concerned about traffic congestion along Highway 10 and around Highway 169 and Main Street. He stated that from Highway 10, 171 Avenue is the only street going into these areas. He questioned if the railroad track could go over 171 Avenue as part of a long range transportation plan. Councilmember Kuester stated that when all kinds of small plats are occurring in an area, there is not a good guide as to how to consider their regional implications. Councilmember Tveite questioned when the Transportation Plan was last updated. He felt the transportation issues affected the whole community. City Administrator Pat Klaers stated that the Transportation Plan was updated about five years ago. He reviewed numerous traffic issues in Elk River. He suggested that transportation issues be reviewed in a worksession when the city engineer is available. 9. Staff Updates City Administrator Pat Klaers updated Council on the following issues raised from last week’s meeting. 221 Avenue Dust – Building and Zoning Administrator Steve Rohlf is contacting the gravel companies to see if they are creating the problem. Michele McPherson is in contact with the developer off of 221 Avenue to see if they can water the road. Street/Park Superintendent Phil Hals is working on a way to resolve the issue. City Council Minutes Page 13 August 20, 2001 ----------------------------- Utility Contractors on 197 Avenue and 198 Avenue – Fire Chief Bruce West and Building and Zoning Administrator Steve Rohf looked at the site and have determined that the contractor in that area did cause damage to the road and ditch. Mr. West directed the contractor to repair these areas. Mr. West also requested the contractors be careful about where they park their work vehicles. 2001 Assessment Overlay Hearing – The Finance Director received a phone call from a citizen who was disappointed in the way the public treated the City Council. The caller stated that he had disputes with the city in the past but that the city and he have always treated each other with a mutual respect. Michele McPherson stated that John Weicht, representing the Lions Club, has invited the Council to a groundbreaking ceremony for the Lions Park Shelter Addition on Thursday, August 23, 2001. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. Recording Secretary Tina Allard