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07-19-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 19, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Steve Wensman, Planner; Michele Bergh, Interim Community Recreation Director; Peter Beck, City Attorney; Terry Maurer, City Engineer Also Present: Michael Chambers, Planning Commission Representative 1. Call Meetina 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 Aaenda e The agenda was amended as follows: . Item 3.2., Consider Elk River Fire Relief Association 2000 Benefit Level, was pulled from the consent agenda and moved to Item 4.6. . Item 7.1., Discussion on Subdivision Ordinance, was moved to Item 5.1, . Add under Staff Updates, Right-of-way Sign Discussion/Councilmember Dietz . Add under Staff Updates, Call Executive Session COUNCILMEMBER FARBER MOVED TO APPROVE THE JULY 19,1999, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 7/12/99 COUNCIL MINUTES - APPROVED 3.2. ELK RIVER FIRE ASSOCIATION REQUEST FOR 2000 BENEFIT LEVEL - ITEM MOVED TO 4.6. 3.3. RESOLUTION 99-54 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 99-22, AN ORDINANCE AMENDING CHAPTER 400 OF THE CITY CODE OF ORDINANCES TO INCLUDE SECTION 403 ENTITLED TRESPASSING ON PRIVATE PROPERTY - APPROVED e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes Julv 19. 1999 Page 2 e 4.1. Bovs and Girls Club Update Council member Thompson updated the Council on the progress of the Boys and Girls Club. Council member Thompson noted the personnel committee is charged with searching for a Boys and Girls Club program director. 4.2. Utilities Commission Update Council member Dietz updated the Council on the issues discussed during the June and July Utilities Commission Meetings. 4.3. Northstar Corridor Update Mayor Klinzing provided an update on the Northstar Corridor Development Authority Meeting of July 1, 1999. Mayor Klinzing noted that there will be a scoping meeting at the Sherburne County Courthouse on July 28, 4-7 p.m. The purpose of the meeting is to gather comments from the public to determine how the corridor will impact the area. 4.4. Reauest to Use City Property bv Heritaae Festival e City Clerk Sandy Peine indicated that the city has received a request from the Heritage Festival to use the city-owned property at King and Main Street for Heritage Festival activities. She noted that Mr. Ed Barder, chairman of the Heritage Festival, has requested use of the vacant lot for parking during the festival on September 18 and 19. Mr. Barder addressed the council and indicated that he was just recently advised that the Heritage Festival had already received permission from the city to use the vacant lot on the corner of King and Main Street for parking. He noted that children's games are scheduled to use the parking lot behind Kemper Drug. The City Clerk noted that she was not aware that the Heritage Festival had received permission from the council to use the vacant lot for parking. The City Council discussed the issue. Councilmember Thompson noted that he would prefer to see the vacant lot used for children's games rather than parking. He noted that he did not want to close the parking area behind the businesses during the festival. Mr. Barder agreed that this was a good idea. Councilmember Motin indicated that the council has already authorized by a previous motion that city property not be used for public or private use. He indicated that the council made one exception for the Arts Soup Festival and stated that he feels it is not in the council's best interest to make another exception. e Councilmember Dietz stated that he feels the council should make another exception for this event as it is a community festival. He suggested that the council approve an informal policy for the use of city property by community events following council approval. Councilmember Thompson concurred and stated that he felt the Heritage Festival is a community event held for the Elk River City Council Minutes Julv 19. 1999 Page 3 e betterment of the community. Councilmember Farber concurred with Councilmembers Dietz and Thompson. COUNCILMEMBER FARBER MOVED THAT AN EXCEPTION BE MADE TO THE MOTION OF APRIL 19,1999, MADE BY THE CITY COUNCIL REGARDING THE USE OF HRA OWNED PROPERTY CURRENTLY FOR SALE AND FURTHER TO ALLOW THE HERITAGE FESTIVAL TO USE THE PROPERTY LOCATED AT THE CORNER OF KING AND MAIN STREET ON SEPTEMBER 18 AND 19, 1999, FOR THE SPECIFIC USE OF CHILDREN'S GAMES. Discussion was held by the council regarding Councilmember Motin's concern whether the exception to the April 19 motion allowing the Heritage Festival to use this property is a one time exception. Councilmember Dietz suggested that a policy be drafted by the City Clerk for council approval regarding the use of HRA owned property. The Mayor indicated that this policy would be presented to the council for consideration at a future council meeting. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5a. Update on Communitv Recreation Activities - Michele Berah Interim Community Recreation Director Michele Bergh updated the City Council on community recreation summer programs. She indicated that the programming is going very well. She also updated the council on the Safety Camp and showed a short video of activities that took place at the Safety Camp. e 4.5b. Discussion on Communitv Recreation Proaram Options Council member Motin updated the council on issues of discussion at the Community Recreation Board meeting. He indicated that the board has spent much time discussing the three options. He explained that the options are as follows: a.) maintain the status quo of the joint powers agreement; b.) the city of Elk River beginning its own community recreation department; and c.) the community education or school district taking over the programming of community recreation. Councilmember Motin indicated that there has been no consensus of the Community Recreation Board regarding these options. Councilmember Motin questioned the council as to their thoughts regarding whether all three options are viable for the city of Elk River. Mayor Klinzing stated that if all three options were equal in cost to the city, it would make the decision easier. She indicated that her top choice is to go with Option A followed by Option C as she feels this would be best for the public and she indicated she is not willing to rush into forming a parks department. Council member Dietz indicated his choice would include Option A or B. He stated he would rather see the joint powers stay as it is, but if he sees no commitment from the other municipalities to continue, then he would be in favor of Option B. Councilmember Thompson concurred with Council member Dietz. e Elk River City Council Minutes Julv 19. 1999 Page 4 e Council member Farber questioned Charlie Blesener (Community Education Director) why he is in favor of Option C. Charlie Blesener indicated that he is in favor of Option C because he feels it is more cost effective than Option Band creates less confusion for the public. Councilmember Motin requested the City Administrator to contact the members of the joint powers agreement to find out what type of long term commitments to the program they are considering. It was the consensus of the City Council that a majority of the council supports Option A but then is in favor of Option B over Option C. 4.6. (3.2.) Consider Elk River Fire Relief Association 2000 Benefit Level Mayor Klinzing noted that this issue had been tabled from the July 12 meeting. She indicated that the city received a request from the Fire Relief Association to table this issue again to July 26. Councilmember Dietz indicated that he would not be present on July 26 and stated he would like to review the information at this time. Councilmember Dietz indicated that he received a packet of information from the Association regarding benefit level projections of 8, 10, 12, and 14 percent increases. Council member Dietz distributed this information to the remaining council members. Council member Dietz stated he does not feel comfortable bringing the reserves down to zero. The council reviewed the information prepared by the Association regarding the 8, 10, 12, and 14 percent increases. e Council member Thompson questioned the purpose of bringing the reserves to zero. Randy Sykes indicated that the amount of money is not considered a reserve, but an excess. He indicated that the Fire Relief Association is merely requesting approval to disperse its own funds. The City Administrator informed the council that once the benefit level is established, it then cannot be lowered. Councilmember Farber noted that in order for the pension to have a shortfall, all of the firefighters would have to collect the pension at one time. He indicated that the chances of this happening are very minimal and stated that he is in favor of the Association's request of the 16 percent level increase. Mayor Klinzing reminded the council that the tabled motion before the council from the July 12,1999, meeting is to approve the Elk River Fire Relief Association's request to increase benefits to $3,370 per year of service for 2000. She noted that this is at the 16 percent level. It was the consensus of the council to call the vote on this motion at this time. The motion from the July 12 meeting is as follows: e (COUNCILMEMBER FARBER MOVED TO APPROVE THE ELK RIVER FIRE RELIEF ASSOCIATION'S REQUEST TO INCREASE BENEFITS TO $3,370 PER YEAR OF SERVICE FOR 2000. MAYOR KLINZING SECONDED THE MOTION.) THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Elk River City Council Minutes Julv 19. 1999 Page 5 e The City Council recessed at 7:30 p.m. and reconvened at 7:40 p.m. 5. ODen Mike No one appeared for this item. 5.1. (7.1.) Subdivision Ordinance Discussion Mayor Klinzing indicated that she has requested staff to research a possible amendment to the subdivision ordinance to allow, under certain conditions, the splitting off of a 2.5 acre lot in the ten acre minimum agricultural district. She noted that Arnold and Margaret Barsody have requested to subdivide an 11.5 acre parcel on Brook Road into a 9 acre lot and a 2.5 acre lot to allow the 2.5 acre lot as a homestead for their daughter. She stated that the Barsody's desire to create a family support system that will allow their daughter to live near them to assist them during their aging process. It was the consensus of the council that it would be willing to consider an ordinance amendment, however, it was also the consensus that this may not be the best alternative and concern was expressed that it could set a precedent for property owners north of County Road 33. 6.1. Reauest bv City of Elk River for Ordinance Amendment - ChaDter 2, Add Section 215 Establishing Heritaae Preservation Commission, Public Hearina Case No. OA 99-6 e Building and Zoning Administrator Steve Rohlf reviewed the staff reports on items 6.1 - 6.4a. All items related to the creation of a Heritage Preservation Commission and a Heritage Preservation Site Overlay Zoning District. Mayor Klinzing opened the public hearings for items 6.1 - 6.4. Kurt Kragness, director of the Sherburne County Historical Society, stated that he is in favor of creating a Heritage Preservation Commission. There being no further comments from the public, Mayor Klinzing closed the pUblic hearing. Building and Zoning Administrator Steve Rohlf requested the council to adopt resolutions to allow summary publications of the ordinance establishing a heritage commission and the ordinance establishing a heritage preservation site overlay zoning district. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-23 AMENDING CHAPTER 2 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "THE COUNCIL" BY ADDING SECTION 215 ESTABLISHING A HERITAGE PRESERVATION COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes Julv 19. 1999 Page 6 e 6.1 a. Consider Resolution for Publication of Summary Ordinance Establishina Heritaae Preservation Commission COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-55 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 99-23 AMENDING CHAPTER 2 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED THE COUNCIL BY ADDING SECTION 215 ESTABLISHING A HERITAGE PRESERVATION COMMISSION. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by City of Elk River for Ordinance Amendment Section 900.08 - Definitions - Heritaae Preservation Commission and Site, Public Hearina Case No. OA 99-7 COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-24 AMENDING SECTION 900.08 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "DEFINITIONS." COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by City of Elk River for Ordinance Amendment Section 900.10(1) - Establishment of HPS (Heritaae Preservation Site Overlay Zonina District), Public Hearina Case No. OA 99-8 e COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-25 AMENDING SECTION 900.10(1) OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "ESTABLISHMENT OF DISTRICTS." COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by City of Elk River for Ordinance Amendment Section 900.12 - Heritaqe Preservation Site Overlay Zonina District Public Hearina Case No. OA 99-9 COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-26 AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES ENTITLED "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT." COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4a. Consider Resolution for Publication of Summary Ordinance - Establishina Heritaae Preservation Site Overlay Zonina District COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-56 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 99-26, AN ORDINANCE AMENDING SECTION 900.12 OF THE ELK RIVER CITY CODE OF ORDINANCES ENTITLED PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Marshall Concrete to Construct a Storaae Buildina, CU 99- 17 e Director of Planning Michele McPherson reviewed the request for a conditional use permit amendment to allow the construction of a storage building, Case No. for CU 99-17. She stated that the council previously tabled action on this issue until information could be provided regarding the temporary nature of mineral excavation activities. Michele sited two similar requests which were previously approved by the City Council. She recommended approval of the request. Elk River City Council Minutes Julv 19. 1999 Page 7 e COUNCILMEMBER DIETZ MOVED TO APPROVE A REQUEST BY MARSHALL CONCRETE, CU 99-17 FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE CONSTRUCTION OF A STORAGE BUILDING WITH THE FOLLOWING CONDITION: 1. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND ANY CONCERNS OF THE ELK RIVER BUILDING AND ZONING DEPARTMENT. 2. THAT THE BUILDING BE CONSIDERED TEMPORARY AND CAN BE REMOVED FOR RECLAMATION OR ROAD CONSTRUCTION PURPOSES ONCE THE MINERAL EXCAVATION HAS CEASED. 3. THE OPERATION SHALL NOT INTERFERE WITH FUTURE RECLAMATION OR OTHER RESTRICTIONS PLACED ON THIS SITE ACCORDING TO THE EXISTING MINERAL EXCAVATION LICENSE ON THE PROPERTY OR THE CITY'S ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Reauest by Steve Parker for Easement Vacation, Public Hearina Case No. EV 99-3 e Michele McPherson indicated that an application has been submitted for an Easement Vacation from Steve Parker. The request is to vacate a portion of a drainage and utility easement on a residential lot located at 19530 Albany Circle. Michele reviewed the staff report on this request. Michele McPherson stated that the applicant must provide a legal description of the portion of the easement that will be vacated. The city attorney suggested that the resolution also describe the easement that will be vacated. 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 ADOPT RESOLUTION 99-57 VACATING THAT PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 6, BLOCK 2, NORDIC WOODS AS SHOWN ON EXHIBIT A WITH DIRECTION TO STAFF THAT A NEW EXHIBIT A BE PREPARED DESIGNATING THE LARGER AREA TO BE VACATED AS SHOWN IN THE PACKET (8 FOOT WIDE DOWN TO ZERO) WITH THE FOLLOWING STIPULATION: 1. THAT THE APPLICANT PROVIDE A LEGAL DESCRIPTION OF THE PORTION OF THE EASEMENT TO BE VACATED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Reauest by Doua and Sharon Waletzko for Administrative Subdivision, Public Hearina Case No. AS 99-2 Michele McPherson presented the request from Sharon and Doug Waletzko for an Administrative Subdivision. She explained that the Waletzkos wish to create two parcel of property from one parcel. The location of the subdivision is 19668 Ulysses Street. Michele reviewed the staff report on this request. e 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 Julv 19. 1999 Page 8 e COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION/VARIANCE REQUESTED BY DOUG AND SHARON WALETZKO TO SUBDIVIDE A PARCEL OF PROPERTY INTO TWO 2.3 ACRE LOTS BASED ON THE FOLLOWING FINDINGS OF FACT: 1. THERE IS NO OTHER LAND AVAILABLE TO PURCHASE TO ADD TO THE PROPERTY; 2. THERE IS NO OTHER WAY TO SPLIT THE LAND IN ORDER TO MAKE IT USEABLE FOR TWO LOTS; 3. THE NEW LOT WOULD BE LARGER THAN OTHER LOTS IN THE AREA; 4. DENYING THE VARIANCE WOULD DEPRIVE THE APPLICANTS OF THE PROPER USE OF THE LAND; AND 5. THE HARDSHIP WAS NOT CAUSED BY THE APPLICANT; AND BASED ON THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION AND SURFACE WATER IMPACT FEES. 2. GRANTING OF A FIVE FOOT DRAINAGE AND UTILITY EASEMENT ON EITHER SIDE OF THE PROPOSED LOT LINE e COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Reauest by Seton Foster for Administrative Subdivisions, Public Hearino Case No. AS 99-3 and AS 99-4 6.8. Director of Planning Michele McPherson stated that the applicant has requested two administrative subdivisions to allow the creation of three buildable lots. She noted that the applicant has recently determined that there are wetlands on the property that will affect the manner in which he is requesting the lots to be split. Michele McPherson stated Mr. Foster is requesting the City Council to take no action and to postpone this item until August 9 so that he can reevaluate the proposal. COUNCILMEMBER THOMPSON MOVED TO POSTPONE THIS ISSUE TO AUGUST 9, 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Reauest by United Power Association for a Zone Chanoe from A 1 Aoricultural to AT Antenna Overlay, Public Hearino No. ZC 99-5 Reauest by United Power Association for a Conditional Use Permit to Construct Buildino at Antenna Site, County Road 33, Public Hearino Case No. CU 99-26 6.10. e Director of Planning Michele McPherson stated that United Power Association is requesting a zone change to Antenna Overlay in order to bring their antenna site into compliance with the zoning requirements. She further noted that United Power Association is also requesting a conditional use permit to allow the construction of a 20 foot by 30 foot storage building on the same antenna site. She noted that the property is located near and easterly of the intersection of 205th Avenue and Proctor. Michele reviewed the staff report on these two issues. Elk River City Council Minutes Julv 19. 1999 Page 9 e Michele noted that the Planning Commission recommended unanimous approval of the zone change and of the conditional use permit. Mayor Klinzing opened the public hearings. There being no one for or against the matters, Mayor Klinzing closed the public hearings. Councilmember Thompson questioned whether UPA had any plans to upgrade the access drive. Pat Cairns of UPA stated that UPA had no plans to upgrade the parking area or drive turn around as the site is only accessed very minimally when equipment maintenance is necessary. Council member Thompson indicated his concern about the city's standards for access drives. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 99-27, REZONING CERTAIN PROPERTY FROM 11, LIGHT INDUSTRIAL, TO AT, ANTENNA OVERLAY, CASE NO. ZC 99- 5. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY UNITED POWER ASSOCIATION TO CONSTRUCT A 20X30 FOOT STORAGE BUILDING WITH THE FOLLOWING CONDITIONS: 1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL. 2. THAT A SITE PLAN REGARDING THE UPGRADE OF THE DRIVEWAY BE PRESENTED TO CITY STAFF FOR APPROVAL. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Reauest bv Elk River Country Club for a Land Exchanae, Public Hearina Case No. GP 99-7 Planner Steve Wensman informed the council that the Elk River Country Club has requested a land and easement exchange with the City of Elk River. He indicated that the Country Club is proposing to exchange 2.82 acres of land located between the city railroad trail and Top of the World Park for 1.2 acres of park land adjacent to Elk Lake Road and the old Nord house. He indicated that the Country Club has agreed to exchange a 62.22 acre easement over the Country Club property to accommodate the existing ski trails for a .86 acre easement over park property to accommodate the existing driving range and access drive to the new maintenance building. Steve Wensman reviewed the staff report on this issue. Steve Wensman indicated that the Elk River Country Club is also requesting a conditional use permit to construct a maintenance building and to modify the golf course. Mayor Klinzing opened the public hearings for these items. e Dave Anderson, park and recreation commissioner, addressed the council regarding issues as to how this will affect the city's park system. He indicated that the Park and Recreation Commission is in favor of this land exchange. Elk River City Council Minutes Julv 19. 1999 Page 10 e 2. e 3. 4. 5. 6. 7. 8. e There being no further comments from the public, Mayor Klinzing closed the public hearings. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE STAFF TO PREPARE A RESOLUTION APPROVING THE FOLLOWING REQUESTS BY THE ELK RIVER COUNTRY CLUB: A.) A LAND EXCHANGE OF 1.2 ACRES OF CITY PARK LAND FOR 2.82 ACRES OF COUNTRY CLUB LAND AND B.) AN EASEMENT EXCHANGE OF 62.22 ACRES OVER COUNTRY CLUB PROPERTY FOR ACCESS AND USE OF SKI TRAILS IN EXCHANGE FOR .86 ACRES OVER PARK LAND FOR ACCESS TO THE PROPOSED MAINTENANCE FACILITY FROM THE PARK ENTRANCE DRIVE AND TO ALLOW FOR THE CONTINUED USE OF THE DRIVING RANGE TO BE DEFINED BY LEGAL DESCRIPTION PREPARED BY THE APPLICANT AND VERIFIED BY THE CITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ELK RIVER COUNTRY CLUB TO MODIFY THE GOLF COURSE AND CONSTRUCT A MAINTENANCE BUILDING WITH THE FOLLOWING CONDITIONS: 1. THAT SCREENING BE ACCOMPLISHED BY BERMING AND PLANTING CONIFERS BETWEEN THE MAINTENANCE BUILDING AND PARK AND THAT THE BERMING AND THE TREE LOCATIONS ARE TO BE STAKED AND INSPECTED BY STAFF AND PARK AND RECREATION COMMISSION MEMBERS PRIOR TO PLANTING. THAT THE MAINTENANCE BUILDING CONFORM TO BUILDING STANDARDS AND ANY CONCERNS OF THE BUILDING DEPARTMENT. THAT COMMENTS OF THE CITY ENGINEER BE ADDRESSED. THAT THE ACCESS DRIVE BE A MINIMUM WIDTH OF 20 FEET AS REQUIRED BY THE ELK RIVER FIRE DEPARTMENT. THAT THE ACCESS DRIVE BE SIGNED FOR GOLF COURSE EMPLOYEES ONLY. THAT GOLF BALL NETTING SPECIFICATIONS BE PREPARED AND APPROVED BY STAFF PRIOR TO INSTALLATION. THAT THE ACCESS DRIVE TO THE MAINTENANCE BUILDING BE GATED AND LOCKED WHEN THE GOLF COURSE IS CLOSED. THAT THE MAINTENANCE OF THE PARK ENTRANCE ROAD BE MAINTAINED BY THE CITY AND THAT THE GOLF COURSE SHARE IN THE EXPENSE OF THAT MAINTENANCE. 9. THAT A .86 ACRE EASEMENT BE PLACED OVER PARK PROPERTY FOR THE USE OF THE GOLF COURSE FOR THE EXISTING DRIVING RANGE AND ACCESS ROAD ONLY. 10. THAT A 62.22 ACRE EASEMENT BE PLACED OVER COUNTRY CLUB PROPERTY FOR PARK PURPOSES AND LIMITED TO SKI TRAILS ONLY. 11. THAT 2.82 ACRES OF COUNTRY CLUB PROPERTY BE EXCHANGED FOR 1.20 ACRES OF CITY PROPERTY PRIOR TO THE CONSTRUCTION GREENS AND TEES. Elk River City Council Minutes Julv 19. 1999 Page 11 e 12. THAT OUTDOOR STORAGE BE LIMITED TO THE MAINTENANCE YARD AREA IDENTIFIED ON THE SITE PLAN. 13. THAT THE ENTIRE MAINTENANCE YARD AND ACCESS DRIVE BE PAVED WITH BITUMINOUS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.13. Request by Guardian Anaels Health Services for Amendment to a Conditional Use Permit for Expansion of a Child Care Center, Public Hearina CU 99-5 Director of Planning Michele McPherson indicated that Guardian Angels of Elk River is requesting an amendment to their conditional use permit to allow the expansion of the existing child care center located at 400 Evans Avenue. She indicated that the conditional use permit will allow the modification of the planned unit development agreement. Michele reviewed the staff report on this issue. Mayor Klinzing opened the public hearing on this issue. There being no one for or against the matter, Mayor Klinzing closed the public hearing. e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO MODIFY THE PLANNED UNIT DEVELOPMENT AGREEMENT ALLOWING THE EXPANSION OF THE CHILD CARE CENTER LOCATED WITHIN THE GUARDIAN ANGELS CARE CENTER WITH THE FOLLOWING CONDITION: 1. THAT THE IMPROVEMENT COMPLY WITH STATE LICENSING AND LOCAL BUILDING CODES PRIOR TO THE INCREASE IN CHILDREN TO BE SERVICED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.14. Request by Guardian Oaks for Amendment to a Conditional Use Permit to Expand the Senior Center/Dinina Site/Commercial Kitchen Site, Public Hearina Case No. CU 99-24 Director of Planning Michele McPherson indicated that the Guardian Oaks is requesting a conditional use permit to modify the planned unit development agreement to allow the expansion of the senior center dining room and commercial kitchen facilities located within the building. She noted that the improvements would consist of: . a 40x50 foot classroom addition with office space for the senior center . the addition of a 68x28 foot and 10x25 foot areas for the commercial kitchen . the conversion of existing internal spaces to dining, serving, and lounge spaces. Michele McPherson reviewed the staff report on this issue. She noted that the Planning Commission voted to recommend approval of the request. e 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 Julv 19. 1999 Page 12 e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST BY GUARDIAN OAKS FOR A CONDITIONAL USE PERMIT TO MODIFY THE PLANNED UNIT DEVELOPMENT AGREEMENT TO ALLOW THE EXPANSION OF THE SENIOR CENTER DINING ROOM AND COMMERCIAL KITCHEN FACILITIES WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL SUBMIT A GRADING AND DRAINAGE PLAN AS PART OF THE BUILDING PERMIT APPLICATION AND SHALL COMPLY WITH THE COMMENTS OF THE CITY ENGINEER. 2. IF TREES ARE TO BE REMOVED AS PART OF THE BUILDING OR PARKING EXPANSION, A LANDSCAPE PLAN SHALL BE SUBMITTED AND THE TREES REPLACED. 3. SIX PARKING STALLS LOCATED IN THE NORTHWEST CORNER OF THE SITE SHALL BE REMOVED AND PROOF OF ADEQUATE PARKING IS TO BE PROVIDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.2. Pendina Litigation e The City Administrator informed the council of the pending litigation regarding the Cargill assessment appeal. He noted that the city attorney is requesting an executive session of the City Council to discuss this issue. 8. Staff Updates Riaht-of-Wav Sian Discussion - Council member Dietz Councilmember Dietz expressed his concern regarding the number of signs that are placed in the city's right-of-way. Michele McPherson indicated that the city's ordinance specifically prohibits the placement of signs in the city's right-of-way. She suggested using the city's newsletter and the Star News to place information to the publiC regarding this issue. The City Council directed staff to take whatever action is necessary to inform the public of the violation of placing signs in the city's right-of-way and to take whatever action is necessary to correct the situation. Plannina Commissioner Resianation COUNCILMEMBER DIETZ MOVED TO ACKNOWLEDGE THE RESIGNATION OF LESTER MORRIS FROM THE PLANNING COMMISSION AND TO AUTHORIZE ADVERTISEMENT TO REPLACE THIS POSITION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . e e e Elk River City Council Minutes Julv 19.1999 Page 13 Call Executive Session COUNCILMEMBER DIETZ MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL ON JULY 19,1999, AT 9:28 P.M. FOR THE PURPOSE OF DISCUSSING LITIGATION RELATING TO THE CARGILL ASSESSMENT APPEAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the City Council recessed at 9:29 p.m. Mayor Klinzing reconvened the meeting following the Executive Session at 10:02 p.m. 9. Other Business Sex Offender Notification Meetina The City Administrator informed the council that there will be an information meeting regarding a Level III sex offender who will be moving into the community. Because a majority of the council indicated they may attend the meeting, it was suggested that a special council meeting be called. COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON TUESDAY, JULY 27, 1999, TO BE HELD AT THE CENTRAL LUTHERAN CHURCH, 1103 SCHOOL STREET, 7 P.M., FOR THE PURPOSE OF RECEIVING INFORMATION REGARDING A LEVEL III SEX OFFENDER WHOSE IS MOVING INTO THE COMMUNITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Adiournment There being no further business, Mayor Klinzing adjourned the council meeting at ~~p~ Sandra Peine City Clerk