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12-19-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 19, 1994 Members Present: Mayor Duitsman, Council Members, Farber, Holmgren, Scheel, and Dietz Staff Present: Lori Johnson, Finance Director; Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Bill Rubin, Economic Development Coordinator; Steven Ach, City Planner; Terry Mauer, City Engineer; Phil Hals, Street Superintendent; Darrell Mack, Waste Water Treatment Plant Superintendent; Tom Zerwas, Police Chief Also Present: James Tachney, Planning Commission Representative 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.rn. by Mayor Duitsman. 2. Consider Council Agenda e COUNCIL MEMBER DIETZ MOVED TO APPROVE THE DECEMBER 19, 1994, CITY COUNCIL AGENDA. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 5-0. 3. Con~ider Consent Agenda Items number 5.10 and number 8 were pulled from the Consent Agenda. COUNCIL MEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF NUMBERS 5.10 AND 8 AS FOLLOWS: 4. DECEMBER 12, 1994 CITY COUNCIL MINUTES - APPROVED 5.5 ORDINANCE 94.19 - AN ORDINANCE AMENDING SECTION 218.06 (4B) OF THE E RIVER CODE OF ORDINANCE REFERRING TO V AC TION RATE OF ACCUMULATION - APPROVED. e City Council Minutes December 19, 1994 Page 2 e 5.11A PARTIAL PAY ESTIMATE NUMBER 6 TO FOREST LAKE CONTRACTING, INC. FOR WORK COMPLETED ON THE STREET AND TURNLANE IMPROVEMENTS FOR ELK PARK CENTER IN THE AMOUNT OF $72,933.91 - APPROVED. 5.11B PARTIAL PAY ESTIMATE NUl\fBER 5 TO ARCON, INC. IN THE AMOUNT OF $53,169. 70 FOR TRUNK SEWER AND WATER MAIN IMPROVEMENTS IN ELK PARK CENTER - APPROVED. 5.IIC PARTIAL PAY ESTIMATE NUMBER 7IN THE AMOUNT OF $10,334.00 TO KUE CONTRACTORS, INC. FOR WORK COMPLETED ON THE LffiRARY - APPROVED. 5.11D PARTIAL PAY ESTIMATE NUMBER lIN THE AMOUNT OF $54,176.69 TO SJ LEWIS, INC. FOR WORK COMPLETED ON THE 221ST A VENUE REALIGNMENT PROJECT - APPROVED. 5.11E PARTIAL PAY ESTIMATE NUMBER 5IN THE AMOUNT OF $32,348.88 TO LATOUR CONSTRUCTION, INC. FOR WORK COMPLETED IN THE IDGBWAY 10 LIFT STATION. e 5.11F PARTIAL PAY ESTIMATE NUMBER 7 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $67,905.00 FOR WORK COMPLETED ON THE WASTE WATER TREATMENT PLANT INTERIM EXPANSION - APPROVED. 7.2 COUNTRY RIDGE PARTNERSHIP ZONE CHANGE REQUEST - WITHDRAWN. 7.3 COUNTRY RIDGE PARTNERSHIP LAND USE AMENDMENT REQUEST - WITHDRAWN. 7.12 ORDINANCE AMENDMENT TO SECTION 900.24 - PARKING - AND LOADING REQUIREMENTS - CONTINUED TO 1-23-95. 7.13 UPA REQUEST FOR VARIANCE - WITHDRAWN. COUNCIL MEMBER HOLMGREN SECOm>ED THE MOTION. MOTION CARRIED 5-0. e ~ City Council Minutes December 19, 1994 Page 3 e 5.1 Consider Hirin Electro~Mech 'cal Technician COUNCIL MEMBER SCHEEL MOVED TO HIRE PETER REARDON TO THE POSITION OF EL CTRO-MECHANICAL TECHNICIAN IN THE WASTE WATER TRE TMENT PLANT STARTING FEBRUARY 6, 1995 AT AN DOURLY RAT OF $17.75. COUNCIL MEMBER HOLMGREN SECONDED HE MOTION. MOTION CARRIED 5-0. Superintendent Darryl Mack . rmed the City Council that the trickling filter system project has been comple ed. The capacity at the plant is now 1.1 million gallons per day and the plant is ow again meeting MPCA discharge standards. GREN MOVED TO ADOPT RESOLUTION DORIZING THE PROPOSED TAX LEVY . COUNCIL MEMBER FARBER 5.2 Consider Ado tion of 1995 Bu et and Tax Le Resolution COUNCIL MEMBER DOL 94-127, A RESOLUTION A FOR CALENDAR YEAR 19 SECONDED THE MOTION. e Council Member Dietz indicate that he believes the money that was cut from the storm water management shoul have been directly cut from the budget and not used for other general fund acti 'ties. He further indicated that he would vote in favor of the motion, however, n xt year he would not be in favor of a 9.4% increase in the City tax rate. Council Member Scheel also in cated that she was not in agreement with the surface water management fee, however, she would vote in favor of the motion to approve the levy and the budget. MOTION CARRIED 5-0. 5.3 City Administrator Pat Klaers st Uniform Allowance for 1995 ha compensate for the loss ofunifo Allowance was deleted from the ed that the employees that lost the requested an increase in pay of $.17 per hour to allowance. He indicated that the Uniform 995 budget. e Council Member Scheel indicate she does not feel the City should be providing money for clothing that can be w rn during nonworking hours. She further indicated she felt the Council wo d be defeating the purpose of eliminating the clothing allowance by giving the mployees the money. City COWlcil Minutes December 19, 1994 Page 4 e COWlcil Member Holmgren stated he felt it would be difficult to approve a $.17 increase for those employees that are affected by the clothing allowance, as he is not sure howit would affect other salaries in the pay plan. He indicated that he may be in favor of the $.17 if the comparable worth program shows inequities. COWlcil Member Farber indicated that he is not aware of any job where you can get a Uniform Allowance to purchase everyday clothing. Joan Frick, Senior Accounting Clerk, indicated that she purchases suits for work and does not wear the suits any place else, other than to her job, or to a conference. Kristy Mansfield, Receptionist, stated that one ofthe disadvantages of having a uniform rather than a clothing allowance is that the styles are limited. She indicated that with the clothing allowance the suits can be tried on in a store to assure comfort. She further indicated that she has a great need to have a professional appearance for the City as she is the first contact person most people see. Mayor Duitsman indicated he would like to bring this issue back to the Council sometime in January. 5.4 Consider Temporary Out Of Classification Pay Request For Police Clerical Employee. e Police Chief Tom Zerwas requested the COWlcil to authorize out of classification pay to Shari Peterson. He indicated that Shari, who is the receptionist, will be taking on additional typing responsibilities for Linda Johnson, who has sustained a work related injury. He indicated that the request amounts to $.72 per hour pay mcrease. COUNCIL MEMBER FARBER MOVED TO AUTHORIZE A $.72 PER HOUR PAY INCREASE TO SHARI PETERSON WHILE SHE IS PERFORMING THE TYPING DUTIES FOR LINDA JOHNSON. COUNCIL MEMBER SCHEEL SECONDED THE MOTION. MOTION CARRIED 5-0. 5.6 Consider Purchase of Front End Loader For Street Department Street Superintendent, Phil Hals; indicated that the City opened bids for the purchase of a 2 1/2 cubic yard front end loader on December 15, 1994. Phil Hals recommended that the Council consider purchasing a demo machine from Caterpillar, at a total price of$89,428.05. e City Council Minutes December 19, 1994 Page 5 e COUNCIL MEMBER HOLMGREN MOVED TO AWARD THE BID TO ZIEGLER, INC. FOR THE PURCHASE OF A CATERPILLAR FRONT END LOADER AT $89,428.05. COUNCIL MEMBER SCHEEL SECONDED THE MOTION. MOTION CARRIED 5-0. Phil Hals stated that the budgeted amount for the front end loader was $110,000.00. He indicated that there is a balance of $20,571.00 with the purchase of the caterpillar. He requested the council to consider authorizing the street department to sell a 1978 tandem dump truck, which is in very poor condition, for approximately $5,000.00 and purchase a newer tandem dump truck for about $25,000.00. COUNCIL MEMBER SCHEEL AUTHORIZED THE STREET DEPARTMENT TO OBTAIN BIDS OR QUOTES FOR A TANDEM 4X6 DUMP TRUCK FOR APPROXIMATELY $25,000.00. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. 5.7 Elk Hills Drive Improvement Proiect Feasibility Study e City Engineer Terry Mauer informed the Council that he has been in contact with MNDOT regarding the possibility ofa signalized intersection at Elk Hills Drive and Highway 169. Terry Mauer also reviewed a draft schedule for the improvement of 5th Street and Dodge Avenue and the intersection of Elk Hills Drive and Trunk Highway 169. He indicated that a feasibility study would be available sometime in January. He further indicated that although the project can possibly be completed in 1995, he did not feel it was realistic that the project could be completed before Memorial Day. 5.8 Consider Request for Detailed Analysis of Surface Water Issues in the Western Area City Engineer Terry Mauer requested the City Council to authorize a detailed preliminary design of storm drainage in the western area following the acquisition of aerials for the remaining undeveloped portion of the Western area. He indicated that the estimated cost of the study is $17,500. COUNCIL MEMBER FARBER MOVED TO AUTHORIZE THE EXPENDITURE OF $17,500 FOR A DETAILED WESTERN AREA SURFACE WATER MANAGEMENT PLAN. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. e City Council Minutes December 19, 1994 Page 6 e 5.9 Consider Ordinance Amendment Relating to Requiring Water Connections to the Municipal Water System City Attorney Peter Beck reviewed the proposed Ordinance Amendment requiring connection to city water utility when available. Peter Beck stated that the ordinance allows two (2) years (until December 31, 1996) for connection of existing buildings to the water utility. Council Member Dietz indicated that the people in the Westwood area were informed that they would not have to hook-up to water. It was indicated that those residents on Xenia and 5th Ave. and Simonet Drive were in the same situation as the residents in the Westwood area. Peter Beck suggested exempting all those properties where utilities are available prior to the date of adoption of the proposed ordinance. He further suggested adding language that could grant exemptions to the ordinance. It was a consensus of the Council to make the proposed revisions to the ordinance and request the Utilities Commission to review the proposed changes in the ordinance prior to Council adoption. 5.10 Consider Street Light Requests Police Chief Tom Zerwas indicated that several years ago a request had been made to erect a street light at Proctor Road and Ridgewood Drive. He indicated that although the Council authorized this request, for some reason, the street light was not erected. He indicated he is once again requesting authorization for the street light to be ordered and placed by Anoka Electric Cooperative. Mayor Duitsman questioned the necessity of the street light at Proctor and Ridgewood Drive. The Police Chief indicated that the street light had been requested several years ago for safety reasons. e COUNCIL MEMBER HOLMGREN MOVED TO AUTHORIZE THE PLACEMENT OF A STREET LIGHT AT PROCTOR ROAD AND RIDGEWOOD DRIVE. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 4-0-1. MAYOR DUITSMAN ABSTAINED. 5.12 Consider Revised City Conflict of Interest Ordinance City Attorney Peter Beck reviewed the proposed Conflict of Interest Ordinance. COUNCIL MEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-20, AN ORDINANCE AMENDING SECTION 218.08 (9) REGARDING THE CITY'S CONFLICT OF INTEREST POLICY. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. e City COWlcil Minutes December 19, 1994 Page 7 e 5.13 Review Update on Insurance Items - Open Meeting Law - Excess Liability Finance Director Lori Johnson indicated that the Open Meeting Law and Excess Liability were outstanding insurance issues that had not been acted on by the City Council. COUNCIL MEMBER DIETZ MOVED TO PURCHASE OPEN MEETING LAW COVERAGE AT AN ANNUAL PREMIUM OF $1,756.00 FOR ALL CITY OFFICIALS. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. It was the consensus of the Council not to purchase the Excess Liability Coverage. 5. 14 Consider Request for Ice Arena Soil Borings JeffGongol, Chair of the Ice Arena Task Force, indicated that he has received verbal quotes for soil boring tests. He indicated that the verbal quotes are between $3,500.00 and $3,800.00. e COUNCIL MEMBER FARBER MOVED TO AUTHORIZE THE EXPENDITURE OF UP TO $4,000 FOR SOIL BORINGS FOR THE ICE ARENA. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0-1. COUNCIL MEMBER SCHEEL ABSTAINED. 5.15 1994 Budget Amendments Lori Johnson provided the Council with a handout, which listed the 1994 Budget Amendments. COUNCIL MEMBER DIETZ MOVED TO APPROVE THE 1994 BUDGET AMENDMENTS WITH THE BALANCE TO GO INTO THE CASH FLOWRESERVE. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. 5.16 Consider Amendments to the 1995 Pay Resolution e City Administrator Pat Klaers indicated that there are three proposed changes in the 1995 pay plan. He indicated that the Council recently adopted a resolution approving this pay plan. He stated that the changes in the pay resolution relate to the addition of a pay range for a new position, early call-out pay for the street depaltment, and change of status for the liquor store manager. City Council Minutes December 19, 1994 Page 8 e COUNCIL MEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-128, AMENDING RESOLUTION 94-126, ADOPTING THE 1995 PAY PLAN FOR NON-ORGANIZED EMPLOYEES. COUNCIL MEMBER BOLMGRENSECONDEDTHE MOTION. MOTION CARRIED 5-0. 6. Open Mike No one appeared for this item. 7.1 Update on Status of Custom Motors City Planner Steve Ach updated the Council on the rezoning of the Custom Motors site. He indicated that staffwas directed to explore the purchase of the Custom Motors property and to explore options for assisting Custom Motors in relocating their business. Bill Rubin, Economic Development Coordinator, updated the Council on the City's efforts in assisting the Roy's at this time. Bill Rubin indicated that he has been working closely with the Roy's regarding the sale of their property and the relocation of their business. Bill Rubin indicated that because there is no end user for the Roy's property at this time, it would be difficult for the City to undertake the project. e Mr. Roy indicated that he would like some decisions from the City. Mayor Duitsman requested that the Steering Committee move forward on a land use decision for this area as soon as possible. He further stated that he would like this issue discussed at the next CIP Workshop. Council Member Holmgren requested the City Attorney to :find an example in another community where the City assisted another business, with a unique situation, such as Custom Motors. 7.4 Consider Cheryl Froehlich Request for VariancelPublic Hearing. Case #V94-14 City Planner, Steve Ach stated that Cheryl Froehlich has requested a 1.03 acre lot area variance to the minimum lot size of 10 acres for the Al Zoning District. Steve Ach stated that Cheryl Froehlich is requesting a certificate of exemption from subdivision regulations to add a 5.13 acre parcel to their existing parcel. . City COWlcil Minutes December 19, 1994 Page 9 e He stated that although the additional 5.13 acre parcel and the existing parcel would equal ten acres, the ten acres includes 1.03 acres of right-of-way, which cannot be included in the lot area. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval. Mayor Duitsman opened the public hearing, there being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCD... MEMBER SCHEEL MOVED TO APPROVE THE 1.03 ACRE LOT AREA VARIANCE REQUESTED BY CHERYL FROEHLICH BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE Al ZONING DISTRICT IS TO ALWW LARGE LOT, TEN ACRE SUBDMSIONS WITH THE DENSITY OF FOUR UNITS PER ACRE. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS. IN THISP ARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. e 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL USE OF THE PROPERTY WHD...E KEEPING WITHIN THE INTENT OF THE ORDINANCE. 3. THE VARIANCE WD...L HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCD... MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. 7.5 Consider Johnson and Ruggieri.. Inc. (Taco Bell) Request for Conditional Use Permit Public Hearing. Case #CU94-34 e City Planner, Steve Ach, indicated that Dovolis, Johnson and Ruggieri, Inc. is requesting a Conditional Use Permit for site plan review of a Class 2 restaurant with a drive-thru in Elk Park Center Planned Unit Development. He indicated that the restaurant being requested is a Taco Bell. The location of the proposed restaurant is Lot 3, Block 4, Elk Park Center. Steve Ach indicated that there may be a possibility that the restaurant would be open 24 hours in the future. City Council Minutes December 19, 1994 Page 10 e He indicated that because the Taco Bell is not located near a residential area, the Planning Commission felt limiting hours of operation was not necessary. James Tacheny, Planning Commission Representative, indicated that the Planning Commission reviewed this request and recommended approval. CouncilMemberHolmgren stated that hewould like the Planning Commission and City Council to review any change ill operating hours that would allow the restaurant to be open 24 hours. He suggested approving the Conditional Use Permit for operation between the hours of6:00 a.m. and 2:00 a.m. Mayor Duitsman opened the Public Hearing, there being no comments from the public, Mayor Duitsman closed the Public Hearing. Council Member Farber indicated that because the restaurant is not affecting neighboring residents, he did not feel it was necessary to place a time restriction on hours of operation. COUNCIL l\IEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DOVOLIS, JOHNSON, AND RUGGIERI, INC. FOR SITE PLAN REVIEW OF A CLASS 2 RESTAURANT WITH A DRIVE-THRU IN ELK PARK CKNTER PUD (PLANNED UNIT DEVELOPMENT) WITH THE FOLLOWING CONDITIONS: e 1. ALL COMMENTS MENTIONED IN THE REPORT TO THE PLANNING COMMISSION, DATED NOVEMBER 22, 1994, BE INCORPORATED INTO REVISED PLANS AND SUBMITTED FOR STAFF REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. ALL COMMENTS MENTIONED IN TERRY MAUER'S l\fEMO DATED NOVEMBER 11, 1994, BE INCORPORATED INTO THE REVISED SET OF PLANS. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-1. COUNCIL MEMBER HOLMGREN OPPOSED. 7.6 Consider Dan Nikol's Request for Easement Vacation Public Hearing. Case #EV94-05 City Planner, Steve Ach, indicated that Daniel Nikol's is requesting an Easement Vacation for a 60' x 63' section of Zane Street in the Royal Oaks subdivision. e City COUllcil Minutes December 19, 1994 Page 11 e Mayor Duitsman opened the Public Hearing, there being no one for or against the matter, Mayor Duitsman closed the Public Hearing. COUNCIL MEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-129, A RESOLUTION FOR VACATING STREET DRAINAGE AND UTILITY EASEMENTS REQUESTED BY DANIEL NIKOL'S WITH THE FOLLOWING CONDITIONS: 1. SANITARY SEWER BE REMOVED AND RELOCATED TO THE 'VEST PORTION OF ZANE STREET TO SERVE THE ACRE PARCEL TO THE SOUTH. 2. THE APPUCANT PRIOR TO RECORDING OF THE EASEMENT VACATION, PROCESSED A PLAT FOR SUBDIVISION, WHICH INCLUDES, DEEDING OF THE WEST 30' OF THE VACATED PARCEL TO THE ACRE PARCEL TO THE SOUTH. 3. AN EASEMENT BE GRANTED ALONG THE WEST 15' FOR DRAINAGE. UTILITY AND A TRAIL TO CONNECT TO THE SOUTH. e COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 5-0. The COUllcil recessed at 7:50 and reconveined at 8:04. 7.7 Consider City of Elk River Request for Zone Change Public Hearing. Case #ZC94-I4 7.8 Consider City of Elk River Request for Land Use Amendment Public Hearing. Case #LUA94-I 0 City Planner Steve Ach stated that the City of Elk River is requesting to rezone approximately 20 acres from PUD (Planned Unit Development) to RI C (Single Family Residential) and to amend the land use map from LI (Light Industrial) to MR (Medium Density Residential). He noted that the property is located east of Waco Street and south of US Highway 10. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval of the zone change and land use amendment. . Mayor Duitsman opened the Public Hearing, there being no one for or against the matter, Mayor Duitsman closed the Public Hearing. City Council Minutes December 19, 1994 Page 12 e COUNCIL MEMBER FARBER MOVED TO ADOPT ORDINANCE 94-21 IN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERT AlN PROPERTY FROM PUD (PLANNED UNIT DEVELOPMEl'\7) TORIC (SINGLE FAMILY RESIDENTIAL). CASE #ZC94-14 BASEDITPON THE FOLLOWING FINDINGS: 1. THE REZONING AND LAND USE AMENDMENT WILL NOT COMPROMISE THE INTEGRITY AND ESTABLISHMENT OF THE BUSINESS PARK ZONING DISTRICT. 2. THE REZONING AND LAND USE AMENDMENT WILL ALLOW FOR A CONTINUOUS STRIP OF COMPATIBLE, RESIDENTIAL USES TO OCCUR IN THE WESTERN AREA OF THE CITY. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. COUNCIL MEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-130, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) TO MR(MEDIUM DENSITY RESIDENTIAL), CASE #LUA94-10. COUNCIL l\IEl\IBER FARBER SECONDED THE MOTION. MOTION CARRIED 5-0. e 7.9 Consider City of Elk River Requests for Land Use Amendment Public Hearing, Case #LUA94-09 City Planner, Steve Ach, indicated that the City of Elk River is requesting to amend the Land Use Plan from HB (Highway Business), to LI (Light Industrial). Steve Ach stated that the property is located east of Waco Street and south of Highway 10. He further stated that the change to LI (Light Industrial) will better reflect the intended use of the property and will create a consistent land use over the entire Business Park Zoning District. Steve Ach stated that the Planning Commission reviewed the issue and recommended approval of the Land Use Amendment. Mayor Duitsman opened the Public Hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. . City COWlcil Minutes December 19, 1994 Page 13 e COUNCIL MEMBER FARBER MOVED TO ADOPT RESOLUTION 94-131, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGB)V A Y BUSINESS) TO LI (LIGHT INDUSTRIAL), CASE #LUA94-09 BASED ON THE FOLLOWING REASONS: 1. AMENDING THE LAND USE MAP TO LI (LIGHT INDUSTRIAL) WILL BRING THE LAND USE MAP INTO COMPLIANCE WITH THE ZONING MAP. 2. AMENDING THE LAND USE MAP TO LI (LIGHT INDUSTRIAL) WILL PROVIDE FOR CONTINUITY IN THE LAND USE MAP AND ALLOW FOR COMPATffiLE LAND USES WITHIN THE BUSINESS PARK ZONING DISTRICT. e THE LAND USE AMENDMENT IS CONSISTENT WITH ACTION TAKEN BY THE CITY COUNCIL ON OCTOBER 17, 1994 APPROVING THE ORDINANCE REZONING THIS PROPERTY FROM PUD (pLANNED UNIT DEVELOPMENT) TO BUSINESS PARK. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. 3. 7.10 Consider City of Elk River Request for Land Use Amendment Public Hearing, Case #LUA94-11 City Planner Steve Ach indicated that the City of Elk River is requesting to amend the Comprehensive Land Use Plan Map from P (Public) to LI (Light Industrial). He stated that the location of the request is the County Courthouse and contains approximately 20 acres.. He indicated that the intent is to amend the Land Use Plan for the area to provide consistency with the Business Park Zoning Designation. Mayor Duitsman opened the Public Hearing, there being no one for or against the matter, Mayor Duitsman closed the public hearing. . COUNCIL MEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-132, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM P (PUBLIC) TO LI (LIGHT INDUSTRIAL), CASE #LUA94-11 BASED ON THE FOLLOWING FINDINGS: City COWlcil Minutes December 19, 1994 Page 14 e 1. THE LAND USE AMENDMENT WOULD BETTER IMPLEMENT THE BUSINESS PARK CONCEPT ADOPTED BY THE COUNCIL. 2. THE LAND USE AMENDMENT IS CONSISTENT WITH THE EXISTING ZONING DESIGNATION AND SURROUNDING LAND USES. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 5-0. 7.11 Consider City of Elk River Request for Land Use Amendment Public Hearing Case #LUA94-12 Steve Ach, City Planner, indicated that staff is requesting that this application be withdrawn. It was the consensus of the Council that no action be taken on this Issue. 7.14 Update on Proposed Amendment to Landscape Ordinance, Section 900.30 City Planner, Steve Ach, indicated that this issue will be reviewed once again by the Planning Commission. He requested that any issues which the Council would like reviewed, be passed on to the City Staff so that Staff can relay the issues to the Planning Commission. e 8. Check Register Council Member Holmgren questioned whether the portion of the bill to Larkin Hoffinan Law Finn, relating to the Elk River Utility Managers Contract, is the responsibility of the City or the Utilities. Council Member Dietz indicated that the entire $4,000 bill is related to the Utility Superintendent's Contract. Council Member Dietz suggested that the bill be fornrarded to the Utilities for review and payment and further requested that the City Attorney inc1udein the bill the number of hours relating to the contract. COUNCIL MEMBER HOLMGREN MOVED TO FORWARD TO THE ELK RIVER UTILITIES, THE $4,000 BILL FROM LARKIN BOFFMAN RELATING TO THE UTILITIES SUPERINTENDENTS CONTRACT. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 5-0. . . e . City COWlcil Minutes December 19, 1994 Page 15 COUNCIL MEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 5-0. 9. Other Business 9.1 Update on Finance Department Mayor Duitsman informed the COWlcil that Lori Johnson has reconsidered her decision to resign from the City and will be continuing on with the City of Elk River. He stated that Lori Johnson will be working under the contract terms which were approved by the City COUllcil on December 5, 1994. COUNCIL MEMBER FARBER MOVED TO ADVERTISE FOR AN ASSISTANT FINANCE DIRECTOR. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 5-0. 11. Adjournment There being no further business, COUNCIL MEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCIL MEMBER FARBER SECONDED THE MOTION. MOTION CARRIED 5-0. The meeting of the Elk River City COUllcil adjourned at 8:25 p.m. Respectfully submitted, i./ 11 .Ai J . C;Z/~/1A~~~ Sandra Thackeray City Clerk s:minuteslmtng1209