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04-04-2005 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 4, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Pat Klaers, Finance and Administrative Services Director Lori Johnson, City Attorney Peter Beck, Police Chief Jeffrey Beahen, Captain Brad Rolfe, Captain Robert Kluntz, Director of Planning Michele McPherson, City Engineer Terry Maurer, Senior Planner Scott Harlicker, Parks and Recreation Director Bill Maertz, Director of Economic Development Catherine Mehelich, Planner Chris Leeseberg, and Recording Secretary Jessica Miller Also Present: Planning Commissioner Pete Lemke 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 6:30 p.m. by Mayor Klinzing. 2. Consider 04/04/2005 Agenda Mayor Klinzing removed item 3.6. from the Consent Agenda and added it prior to item 5.1. Item 3.7. was postponed to the April 18, 2005 Council meeting. Item 5.4. - Westbound project update was added to the agenda. Item 6.1. was tabled to the May 2, 2005 Council meeting. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda The resolution for Item 3.8. was distributed. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · 03/14/2005 · 03/21/2005 CHECK REGISTER TRANSIENT MERCHANT LICENSE FOR CURTIS KING 3.2. 3.3. . . . City Council Minutes April 4, 2005 Page 2 3.4. RESOLUTION 05-30 ACKNOWLEDGING CONTRIBUTION FROM AN ANONYMOUS DONOR TO THE ELK RIVER FIRE DEPARTMENT RESOLUTION 05- 31 ACKNOWLEDGING CONTRIBUTION FROM BFI TO THE ELK RIVER POLICE DEPARTMENT REQUESTS BY TNT FIREWORKS - Postponed until April 18, 2005 · GENERAL PLANNING PERMIT FOR TEMPORARY SALE OF FIREWORKS IN WAL-MART PARKING LOT, CASE NO. GP 05- 05 · FIREWORKS LICENSE FOR SALE OF FIREWORKS RESOLUTION 05-32 ALLOCATING 2004 GENERAL FUND BALANCE HIRING OF RECREATION COORDINATOR AUTHORIZATION TO ENTER INTO PARTNERSHIP WITH SHERBURNE COUNTY SOIL AND WATER CONSERVATION DISTRICT (RAIN GARDEN AT ORONO PARK) CONSIDER CONSUMPTION & DISPLAY PERMIT FOR WAPITI PARK CAMPGROUND WASTEWATER PERSONNEL · AUTHORIZATION TO HIRE WASTEWATER OPERATOR · AUTHORIZATION TO ADVERTISE FOR SEASONAL HELP 3.5. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. MOTION CARRIED 5-0. 4. Open Mike Lora Lee, 19790 Naples Street NW - indicated that she recently received a letter from the city indicating that her address was assigned incorrectly and will need to be corrected. Ms. Lee stated that the houses on Naples have been there for five or six years and the error was only recently discovered. Ms. Lee expressed concerns about the costs associated with changing the address on business supplies as she owns a small business. She stated that she is concerned that the address change will cause trouble because her son is treated by many medical staff members and they will all have to be notified. Ms. Lee questioned if it is necessary to change the addresses and if so, questioned if the costs incurred will be reimbursed. Sheila Miller, 19730 Naples Street NW - stated that she is concerned with the costs associated with the address correction. She indicated that she will have to have her address stone replaced and questioned how the city will reimburse that cost. Lori Peterson, 19840 Naples Street NW - stated that there are five houses on Naples Street and questioned if it is necessary to change the addresses from even to odd since all of the houses are on the same side of the street and no additional houses will be built on the opposite side. Director of Planning Michele McPherson indicated that the error was recently found by a patrol officer responding to an alarm at one of the residences on Naples Street. Ms. McPherson stated that the properties were inadvertently assigned even addresses when they should have been assigned odd addresses to be consistent with the grid system. Ms. McPherson indicated that the Council had a similar issue with an address correction a couple of months ago in Park Pointe for which they authorized reimbursement of the masonry stone for two homes that were incorrectly addressed. Ms. McPherson stated that she has been informed that Sherburne County has a policy on address correction reimbursement that is available on their website. . . . City Council Minutes April 4, 2005 Page 3 Mayor Klinzing stated that the Council should provide direction to staff. Councilmember Dietz indicated that he would like staff to review the Sherburne County policy and talk to the five residents on Naples Street to get a cost estimate on what the corrections will cost and come back to the City Council at the Apm18, 2005 meeting. The Council concurred. 3.6. Resolution 05-32 Authorizing Eminent Domain and Instructing Staff to Provide a Letter Consenting to Acquisition in Lieu of Condemnation Mayor Klinzing stated that she asked this item be pulled from the Consent Agenda for explanation. Director of Economic Development Catherine Mehelich explained the purpose of the request. Mayor Klinzing indicated that she has stated in the past that she is not in favor of using the city's powers of eminent domain and wants to make it clear that the property owner has agreed to convey his property to the city and has requested a letter consenting to acquisition in lieu of condemnation be sent to him for tax purposes. Allan Nadeau, owner Nadeau's Dry Cleaning, 621 Main Street - indicated that he requested the letter consenting to acquisition in lieu of condemnation be sent because it allows him time to delay payment of capital gains taxes and give him time to look for another property. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-32 AUTHORIZING EMINENT DOMAIN AND INSTRUCTING STAFF TO PROVIDE A LETTER CONSENTING TO ACQUISITION IN LIEU OF CONDEMNATION. MOTION CARRIED 5-0. 5.1. Police Commendation to Citizen Police Chief Jeffrey Beahen read a letter of commendation regarding City of Elk River employee Milt Tuttle. Chief Beahen indicated that Mr. Tuttle's quick actions and prompt and accurate reporting led to the apprehension of three felony burglary suspects and the recovery of a significant amount of money. Chief Beahen presented Mr. Tuttle with an award of commendation on behalf of the Elk River Police Department. Mayor Klinzing congratulated Mr. Tuttle on his commendation. 5.2. Swearing in of Police Captain Robert Kluntz Mayor Klinzing swore Robert Kluntz in as Administrative Police Captain for the City of Elk River. 5.3. Presentation of Preliminm:y Concept Design for Rivers Edge Commons Parks and Recreation Director Bill Maertz stated that in February 2005, the Parks and Recreation Commission voted to recommend the concept design for Rivers Edge Commons, also known as the downtown green space. Mr. Maertz reviewed key elements of the plan. . Planner Chris Leeseberg presented the concept design for the Rivers Edge Commons. . . . City Council Minutes April 4, 2005 Page 4 Councilmember Dietz indicated that the owner of the Cinema building contacted him and is concerned about the number of parking spaces that will be lost with this plan. Mr. Maertz stated that five spots are proposed to be removed with this plan because the parked cars would impede the view of the park from the street. Mr. Maertz noted that Police Chief Jeffrey Beahen believes that the parking stalls are dangerous because vehicles are backing into the intersection and lanes of oncoming traffic. Councilmember Dietz questioned if the current gazebo would be relocated to the Rivers Edge Commons. Mr. Leeseberg stated that staff has not thoroughly investigated if the current gazebo could safely be moved but it is believed that the gazebo would not sustain the move. Mr. Leeseberg noted that staff will try to work features of the old gazebo into the design. Councilmember Motin questioned if a railing could be added near the river as he is concerned that people could slip and fall off of the stepping stones into the river. Mr. Leeseberg stated that staff can explore that possibility but that it would be difficult to construct a railing of appropriate height because of the changing river height. Councilmember Morin indicated that $40,000 is set aside in the Parks Capital Improvement budget for design and engineering for this project but does not include any actual building. He questioned if money is budgeted for the construction. Mr. Maertz indicated that the $40,000 is work that will have to be completed prior to a cost estimate for the project being obtained. He noted that in excess of $200,000 will be set aside in park dedication fees from the Jackson and Bluff Blocks for this project. Mayor Klinzing indicated that she has spoken to civic organizations that would like to be involved with this project; specifically the Lions had shown some interest. Mr. Maertz indicated that staff would be willing to work with any group interested on this project. Mr. Maertz stated that he is meeting with the Lions Club on April 5 and he will include this concept plan in his presentation. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE RIVERS EDGE COMMONS CONCEPT PLAN AND AUTHORIZE STAFF TO PROCEED WITH DESIGN AND ENGINEERING ESTIMATES FOR THE PROJECT. MOTION CARRIED 5-0. 5.4. Westbound Liquor Update Director of Finance and Administrative Services Director Lori Johnson indicated that Steve Chuba, Construction Manager on the Westbound Liquor project, is in attendance to provide the Council with an update on Westbound Liquor bid packages 6, 10, 17, and 19. Mr. Chuba stated that package 6 was awarded to the low bidder, Cliff-Co., Inc. but they were not able to obtain the full amount of payment and performance bonding required and so it is recommended that bid be awarded to the next low bidder, Rice Lake Construction. Mr. Chuba indicated that Cliff-Co., Inc. furnished a certified check in the amount of 5% of their bid ($7,782) for a bid security and it is the Council's decision whether or not to return the bid security to Cliff-Co., Inc. Councilmember Dietz questioned the intent of the bid security. Mr. Chuba stated that the security ensures that the company performs on the bid. Ms. Johnson indicated that the bid . . . City Council :Minutes April 4, 2005 Page 5 security provides compensation for the work that the city goes through to award the bid if the company fails to or is unable to fulfill the bid. Councilmember Motin questioned if there are out of pocket costs involved. Ms. ] ohoson stated that no out of pocket expenses, but she and Mr. Chuba have spent several hours on reviewing this bid. It was the consensus of the Council for Ms. ] ohoson and Mr. Chuba to calculate a cost estimate for time spent on the bid prior to it being rewarded and come back to the Council on a future Consent Agenda. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO AWARD BID PACKAGE 6 (MASONRY) TO RICE LAKE CONSTRUCTION IN THE AMOUNT OF $178,050.00. MOTION CARRIED 5-0. Mr. Chuba provided an update on three bid packages that were recommended for rejection. He stated that the bid packages for 10, 17, and 19 have been changed to be re-bid or have quotes solicited. 6.1. Request by Orrin Thompson Homes for Final Plat Approval OUver Park). Case No. P 04-09 Ms. McPherson stated that this item has been tabled to the May 2, 2005 City Council meeting at the request of the applicant. 6.2. Request by Cemstone Products for Conditional Use Permit for Ready Mix Plant - Public Hearing. Case No. CD 05-05 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit to operate a ready-mix plant at the property located at the northwest corner of Highway 169 and County Road 77 (213th Avenue). Mr. Leeseberg reviewed the existing operation, landscaping, parking and circulation, and the Planning Commission recommendation. Mayor Klinzing opened the public hearing. There being no one to speak on the issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the current ready-mix plant will be closed and questioned what would happen if the applicant decided not to shut down the existing plant once the new one is operational. He indicated that he would like a condition added that the applicant cannot continue to have both plants operational. Ken Kuhn, Cemstone - stated that Cemstone would need to have both plants remain operational for a short time during the transition period, but that the property of the current plant is leased from Aggregate Industries which has recently been bought out, so Cemstone will be unable to remain at that location. City Attorney Peter Beck indicated that if the applicant is agreeable, a condition could be added indicating that operations at one plant must cease after the new plant is operational. The applicant stated he was in agreement to this condition. . . . City Council Minutes April 4, 2005 Page 6 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT FOR CEMSTONE PRODUCTS COMPANY TO OPERATE A READY-MIX PLANT ON THE NORTHWEST CORNER OF HIGHWAY 169 AND COUNTY ROAD 77 (213TH AVENUE) WITH THE FOLLOWING CONDITIONS: 1. THERE SHALL BE NO DIRECT ACCESS TO HIGHWAY 169 FROM LOT 1, BLOCK 1. 2. THE YARD SHALL BE DELINEATED ON THE SITE PLAN. IF THE YARD IS TO BE EXPANDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. IF MORE THAN 20 TRUCKS ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. A LANDSCAPE PLAN THAT MEETS THE CITY REQUIREMENTS SHALL BE SUBMITTED PRIOR TO RECORDING THE CONDITIONAL USE PERMIT. 5. THE APPLICANT MUST NOTIFY THE CITY IN WRITING ONCE THE PLANT AT THE SUBJECT PROPERTY (LOT 1, BLOCK 1, CEMSTONE ELK RIVER) IS OPERATIONAL. OPERATIONS MUST CEASE AND THE PLANT AT 21700 HIGHWAY 169 MUST BE DISMANTLED WITHIN 120 DAYS FROM THAT DATE. MOTION CARRIED 5-0. 6.3. Request by Amcon for Conditional Use Permit to Construct Facility for Great River Energy. Public Hearing. Case No. 05-06 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a conditional use permit for the construction of a warehouse/maintenance building on the Great River Energy campus at the northwest comer of the Highway 169/101 interchange. Mr. Harlicker reviewed building elevations, parking/ access, landscaping, grading, drainage, and utilities, and the Planning Commission recommendation. Mayor Klinzing opened the public hearing. There being no one to speak on the issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT FORAMCON/GREAT RIVER ENERGY TO CONSTRUCT A WAREHOUSE/MAINTENANCE BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL CONDITIONS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. FOUR SHADE TREES SHALL BE PLANTED IN THE MEDIAN IN THE NEW PARKING LOT IN FRONT OF THE HEADQUARTERS BUILDING. . . . City Council Minutes April 4, 2005 Page 7 MOTION CARRIED 5-0. 6.4. Request by Commonweal Devdopment for Preliminary Plat Approval (Carson Business Park). Public Hearing. Case No. P 04-11 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker explained that the applicant is requesting a preliminary plat to subdivide a 10.59 acre pared into 5 lots and 1 outlot. Mr. Harlicker reviewed the request and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. Dan Clumpner, representing Commonweal Development, stated that the developer understands the condition on the number of peak hour trips but would like for the square footage of the buildings not to be included as a condition for the preliminary plat. Mr. Clumpner also stated that they would like a provision included that would allow for the peak hour trip limitation to be changed if and when traffic issues with Main Street/Highway 169 rmprove. Allan Nadeau, 621 Main Street - questioned if the billboard on the corner of Highway 169/Main Street is necessary as it adds no scenic value. Mr. Harlicker indicated that billboards are allowed in that area as long as they meet the billboard requirements, which this one does. City Attorney Peter Beck noted that the State Legislature has regulated billboards and the city cannot make it a requirement for the billboard to be removed. There being no one further to speak on this issue, Mayor Klinzing closed the public hearing. City Engineer Terry Maurer clarified that the trip limitation of 330 will be for p.m. peak hours. Mr. Beck indicated that the applicant has agreed to the trip limitation with a provision for the limitation to cease if the traffic problems at Main Street/Highway 169 improve. This condition will be written into the devdopment agreement. Councilmember Farber expressed concerns with the traffic on Main Street and would like the city to reserve the right to restrict left turns out of the devdopment if there are traffic problems. Mr. Beck indicated that the city always has the right to control traffic movements and no condition is necessary. Councilmember Dietz noted that if left turns are restricted on one side of Main Street, they should also be restricted on the opposite side of Main Street. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE PRELIMINARY PLAT FOR COMMONWEAL DEVELOPMENT FOR CARSON BUSINESS PARK WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. City Council Minutes April 4, 2005 Page 8 . 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 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. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. . 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILITIES. 12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. . 16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . . . City Council :Minutes April 4, 2005 Page 9 17. THE BUSINESS USES IN THE DEVELOPMENT IN TOTAL SHALL BE LIMITED TO THOSE WHICH DO NOT EXCEED 330 PEAK VEHICLE TRIPS IN THE PM PEAK HOUR PER ITE STANDARDS. THIS REQUIREMENT MAY BE RECONSIDERED IN THE EVENT THAT HIGHWAY IMPROVEMENTS AT MAIN STREET/HIGHWAY 169 ARE MADE WHICH MITIGATES THE NEED FOR THE TRIP NUMBER RESTRICTION. MOTION CARRIED 5-0. 6.5. Request by City of Elk River for Ordinance Amendment Relating to Dry Cleaning Establishments. Public Hearing. Case No. OA 05-03 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson indicated that the city received a request from Mr. Allan Nadeau requesting that the Council consider an ordinance amendment to establish dry cleaning establishments as a conditional use permit in the Downtown, Highway Commercial, and Light Industrial Districts and to allow them in Medium Industrial Districts. Ms. McPherson reviewed the proposed amendment and the Planning Commission recommendation. Mayor Klinzing opened the public hearing. Allan Nadeau, Nadeau's Dry Cleaning, 621 Main Street - indicated that he is considering relocating his dry cleaning facility in downtown to the former Creative Expressions space adjacent to the Bumper to Bumper facility. He indicated that he would like the Council to consider not requiring a conditional use permit to operate dry cleaning establishments in the city because dry cleaning is already regulated by many organizations such as OSHA and the MCPA and the rules are very stringent. Mr. Nadeau stated that he was not aware that the ordinance had changed to no longer allow dry cleaning establishments as permitted uses in the city. There being no one further to speak on this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated that he understands Mr. Nadeau's request but believes that requiring a conditional use permit to operate dry cleaning businesses in these areas is appropriate. Mayor Klinzing questioned if there are timing concerns with Mr. Nadeau having to vacate his current space and with him having to apply for a conditional use permit to begin operations in the new location. Mr. Nadeau stated that he needs to cease operations at the current location as of May 2, 2005. Mayor Klinzing questioned if the CUP process can be expedited for Mr. Nadeau due to the situation. Ms. McPherson stated that staff could add the CUP to the April Planning Commission agenda but that it would not go for Council approval until the May 2 meeting. She indicated that Mr. Nadeau could work through the building permit and CUP process concurrently. Councilmember Motin stated that he would like the word "dry" to be added prior to the word "cleaning" in the definitions listed in the ordinance. . . . City Council Minutes April 4, 2005 6.7. Page 10 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 05-07 AMENDING SECTIONS 30-1, 30-1024, 30-1026, 30-1292, AND 30-1293 OF THE CITY CODE OF ORDINANCES RELATING TO DRY CLEANING ESTABLISHMENTS WITH THE ADDITION OF THE WORD "DRY)'. MOTION CARRIED 5-0. 6.6. Request by City of Elk River for Ordinance Amendment Relating to Government Offices. Buildings & Facilities. Public Hearing. Case No. OA 05-04 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson explained that the City Council is asked to consider an ordinance amendment providing consistency in the regulation of Government Buildings/Facilities and Government Offices as inconsistencies were discovered as staff reviewed the implementation of the Public Works Master Plan. Ms. McPherson reviewed the proposed ordinance amendment and the Planning Commission recommendation. She noted that she spoke to County Commissioner Engstrom and County Administrator Benson regarding the proposed changes. Mayor Klinzing opened the public hearing. There being no one to speak on this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 05-08 AMENDING SECTION 30, LAND DEVELOPMENT REGULATIONS OF THE CITY CODE OF ORDINANCES RELATING TO GOVERNMENT BUILDINGS/FACILITIES AND GOVERNMENT OFFICES. MOTION CARRIED 5-0. Request by City of Elk River for Ordinance Amendments to Sections 30-1023. 30-801. 30- 938. and 30-2021. Public Hearing. Case No. OA 05-07 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg indicated that the City of Elk River is requesting ordinance amendments to sections 30-1023, 30-801, 30-938, and 30- 2021. Mr. Leeseberg reviewed each of the proposed ordinance amendments and noted that section 30-938 was tabled by the Planning Commission for further discussion. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 05-09 AMENDING SECTIONS 30-1023, 30-801, AND 30-2021 OF THE CITY CODE OF ORDINANCED RELATING TO OFFICE DISTRICTS, HOME OCCUPATIONS, AND LOT AREA AND WIDTH STANDARDS IN THE SHORELAND DISTRICT. Councilmember Motin expressed concerns with the applicant being required to obtain written permission to operate a home occupation from the Homeowner's Association if one is present. He stated that this may be giving the Homeowner's Association too much power unless home occupations are restricted by protective covenants. Mayor Klinzing questioned what would happen if the Homeowner's Association does not allow home occupations. . . . City Council Minutes April 4, 2005 Page 11 City Attorney Peter Beck stated that the city does not enforce private covenants. Mr. Beck also stated that he shares Councilmember Motin's concern about the Homeowner's Association having the power to approve or deny a home occupation. He indicated that a language change requiring notification of the Association if present would be appropriate. The Council concurred. The maker and seconder of the motion were agreeable to revising item 12 under home occupations to read that the applicant must provide proof that the Homeowner's Association was notified in writing of the home occupation request. MOTION CARRIED 5-0. 6.8. Brown Property Industrial Development City Engineer Terry Maurer stated that at the March 14 EDA meeting, a motion passed recommending that the City Council authorize the preparation of a feasibility study on the development of the Brown Industrial Park. Mr. Maurer indicated that this may involve constructing utility and street infrastructure to develop an industrial park as proposed. Mr. Maurer noted that since this is a city-initiated project, adoption of the resolution requires a four-fifths vote. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBERGUMPHREY TO ADOPT RESOLUTION 05-34 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE BROWN INDUSTRIAL PARK IMPROVEMENT OF 2005. MOTION CARRIED 5-0. 6.9. Consider Quotes for Removal of Elk River Municipal Utilities Building City Engineer Terry Maurer indicated that staff solicited and received four quotations for the removal of the Elk River Municipal Utilities building located at 322 King Avenue as part of the King Avenue parking lot expansion. Mr. Maurer reviewed the quotes and stated that staff is recommending award of this work to Brenteson Companies. Councilmember Dietz questioned if since this is an older building, the Heritage Preservation Commission (HPC) would be interested in salvaging any portion of the building for historical purposes. Mr. Maurer indicated that a date has not been sent for the demolition and he will notify HPC staff liaison Steve Rohlf to see if the HPC would like access to the building prior to demolition. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREYTO AWARD THE DEMOLITION OF THE ELK RIVER MUNICIPAL UTILITIES BUILDING LOCATED AT 322 KING AVENUE TO BRENTESON COMPANIES, INC. FORA LUMP SUM OF $28,960. MOTION CARRIED 5-0. 6.10. King Avenue Parking Lot/Misc. Parking Lot Improvements City Engineer Terry Maurer indicated that staff has completed the design of the King Avenue Parking Lot improvement project and reviewed the fmal design proposal with the Council. Mr. Maurer noted that staff has been able to achieve approximately 150 parking . . . City Council Minutes April 4, 2005 Page 12 stalls, which is approximately a 60-70% increase in parking in that area. Mr. Maurer stated that staff is proposing that miscellaneous park improvements also be bid along with the parking lot improvements. Councilmember Dietz questioned if a portion of the parking lot has been designated for employee parking. Director of Economic Development Catherine Mehelich stated that the King Avenue Parking Lot Task Force has discussed the northwest quadrant of the lot being designated for employee parking. Ms. Mehelich stated that the Task Force will meet April 5 to discuss the employee parking and Police Chief Jeffrey Beahen will be present at this meeting to discuss parking enforcement options. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-35 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE KING AVENUE PARKING LOT AND MISCELLANEUOS PARK IMPROVEMENTS OF 2005. MOTION CARRIED 5-0. 6.11. Discussion Regarding Median on Twin Lakes Road at Line Avenue City Engineer Terry Maurer indicated that several weeks ago the Council discussed the Line Avenue cul-de-sac issue and at that time, it was the consensus of the Council that the timing was not appropriate to construct a cul-de-sac on the north end of Line Avenue. Mr. Maurer stated that at that time, he asked if the Council wanted to consider constructing a median in Twin Lakes Road at Line Avenue to eliminate left turns at the intersection and Council direction was to bring back a drawing showing the area. Mr. Maurer reviewed the drawings and details of the area with the Council and discussion took place regarding the median. It was consensus of the Council that a median in Twin Lakes Road at Line Avenue is not necessary at this time and that the city may wish to put up a right turn only sign if necessary. 7.1. Council Worksession Agendas City Administrator Pat Klaers reviewed the draft City Council worksession agendas for April and May. 7.2. Capital Improvement Program Information City Administrator Pat Klaers distributed Capital Improvement Program (CIP) information to the Council. Mr. Klaers provided a brief explanation on the ClP and stated that the CIP is on the Council Worksession agenda for April 11. 8. Staff Updates City Administrator Pat Klaers distributed to the Council a questionnaire from Sathe Executive Search regarding the Community Development Director position. He asked the Mayor and Council to fill out the questionnaires and return to Sathe Executive Search in the envelopes provided. . . . City Council Minutes April 4, 2005 Page 13 Mr. Klaers noted that a citywide clean-up/purge day is scheduled for Friday, April 8, 2005. He stated that the department heads will be supplying, cooking, and serving the employees breakfast. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:48 p.m. Minutes prepared by Jessica Miller. Joan Schmidt City Clerk