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10-21-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 21, 2002 Members Present: Mayor I~inzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: }"-~one Staff Present: City Administrator Pat I~aers, Director of Planning Michele McPherson, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Park and Recreation Commissioner Dave Anderson and Planning Commissioner Dana Anderson 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 I~inzing. 2. Consider 10/21/2002 Agenda Councilmember Dietz requested to add City Administrator Review as Item 7.1. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5. 3.6. 10/14/2002 CITY COUNCIL MINUTES REQUEST BY ELK RIVER STATION LLC FOR ZONE CHANGE TO PUD, PUBLIC HEARING - CASE NO. ZC 01-03 - POSTPONED TO NOVEMBER 16, 2002 REQUEST BY ELK RIVER STATION LLC FOR PRELIMINARY PLAT APPROVAL (ELK RIVER STATION), PUBLIC HEARING - CASE NO. P 01-05 POSTPONED TO NOVEMBER 16, 2002 REQUEST BY ELK RIVER STATION LLC FOR CONDITIONAL USE PERMIT, PUBLIC HEARING - CASE NO. CU 01-08 - POSTPONED TO NOVEMBER 16, 2002 RESOLUTION 02-95 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2002 MAY 1, 2003, PROCLAIMED LOYALTY DAY AND COMMEMORATION OF THE 50TM ANNIVERSARY OF THE KOREAN WAR COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes October 21, 2002 ............................. Page 2 4.1. Consider Amendment to City Code Chapter 1104 (Snowmobiles and ATV's) Director of Planning Michele McPherson gave a review and history of the snowmobile and ATV ordinance. She presented four maps to the City Council; one displaying prohibited ATV use and the other three displaying options for snowmobile use. She stated that the language in the ordinance prohibiting snowmobiling on private property less than three- fourths of an acre has been removed from the current draft. Mayor Klinzing stated that this was not an official public hearing but that she would allow people to provide public comment on this issue. Greg Strommen, 8433 Palmgren - Stated that he is a snowmobile club member and was a member on the city task force for this issue. He felt it was wrong to establish a moratorium on snowmobiling within the city last year. He stated that the complaints to the police department were very low compared to the number of riders in the area. His group volunteered to ride with officers to provide education to citizens violating trail rules. He felt that the snowmobile ordinance approved by the city last year did not have time to become established and to allow citizens to learn it. Steve Parker, 19530 Albany Circle - Stated that there should not have been a ban on snowmobiling. He felt that ATV's and snowmobiles should not be lumped into the same category with the same rules. Troy Morns, 13445 179m Avenue - Stated that most people obeyed the snowmobile ordinance and that the city is not going to stop the violators by creating a ban. He stated that there should not be a ban on snowmobiling anywhere within the city. Barton Collie, 19872 Watson Circle - Stated that he moved to Elk River because he could access snowmobile trails from his home. He stated that only a few citizens violate the ordinance and there should be deterrents such as fines, confiscation of snowmobile, and fines against parents of kids riding snowmobiles illegally. Jill Crumb, 18162 Hudson Street - Stated that she chose to live in Elk River due to the access to trails from her home. She stated that more enforcement should be provided to stop violators. Kurt Holmgren, 13478 182'~ Avenue - Stated that he should be able to access the trails from his home. Andy Bosser, 19540 Boston Street - Stated that he moved to Elk River because he could access the trails from his home. He stated that there should be more enforcement. Todd Bouman, 18083 Macon Street - Stated that there should be more enforcement provided by the police department. Diane Vack, 9940 209m Avenue - Stated that there should be more enforcement and ticketing by the police department. Peter Kneissel, 12879 195m Avenue - Stated that snowmobiling should be promoted and not regulated. He stated that banning snowmobiling in the city would not stop violators. City Council Minutes October 21, 2002 ............................. Page 3 Paul Vaclg 9940 209m Avenue - Stated that a ban is excessive. He felt that this was a law enforcement issue. Michelle Goiseng, 19895 Zane Street - Stated that the city should use the resources of the local clubs to help with enforcement. She stated that more classes could be offered. Lori Collins, 10046 146m Street - Stated that more education should be provided to snowmobilers and it takes time to educate citizens. John Finch, 18554 Queen Street - Stated that the city should look at statistics before making any decisions. Mayor Klinzing closed the public comment period. Councilmember Dietz questioned whether citizens could become involved with enforcement of the snowmobile ordinance similar to a Reserve Officer. City Attorney Charlie Wilson stated that it is possible but that the city would have to be careful on the type of tasks that they assign and they would have to properly educate and instruct these individuals. Assistant Police Chief Jeff Beahen stated that the police department is limited on the type of enforcement that they can provide. He stated that legal signage must be installed in order to enforce the ordinance. He discussed the complaints received over the last two years. Assistant Chief Beahen stated that it is up to the court system to enforce the fines. He encouraged citizens to contact the courthouse and request that stiffer penalties and fines be enforced on violators of the snowmobile ordinance. Councilmember Kuester stated that she believes enforcement of the snowmobile ordinance is the issue. She stated that the city does not have enough manpower or funds to keep up with enforcement of snowmobile violators. Councilmember Kuester stated that a substantial amount of volunteers would be needed from the community to help law enforcement with enforcement and education. Councilmember Tveite stated that the low volume of complaints that were called in to the police department surprised him. He felt that enforcement of the ordinance is the issue. He requested staff to contact the City of Osseo and inquire as to how they monitor and enforce their ordinance. He stated that the moratorium was put into place due to safety concerns of and for residents. He would like staff to explore other options for establishing a trail system. Councilmember Motin stated that the city should consider applying a minimal amount of restrictions and to allow people to snowmobile from any home to a trail. Councilmember Dietz stated that enforcement of the snowmobile ordinance is the issue. Mayor Klinzing stated that the city has also heard many concerns from residents that would like more restrictions on where citizens can snowmobile. She stated that she didn't know if it would be possible for everyone to go from his or her home to a snowmobile trail. Mayor Klinzing stated that there should be greater enforcement of the ordinance but that if City Council Minutes Page 4 October 21, 2002 ............................. problems continue this issue of limiting snowmobile areas may come before Council again. She stated that problem areas might need more restrictions placed upon them. Mayor I4Jinzing stated that staff would come back to Council with more options for the snowmobile ordinance on November 12, 2002, and the City Council would make a decision at that time. The Council took a fifteen minute recess at 7:30 p.m. 4.2. Utilities Update Councilmember Dietz briefly discussed the future of the Jackson Street water tower, the 2003 Utility budget, the proposed purchase of land for a future well, and the Street Light Committee's recommendations for lights along Orono Parkway. 4.3. Park & Recreation Commission Update Director of Planning Michele McPherson stated that the Eagle Scouts did not raise enough funds to offset costs of supplies to construct a grilling shed at the Orono Park Complex. She stated that the Park and Recreation Commission recommended that fg871.10 be reimbursed to the Eagle Scouts. COUNCILMEMBER KUESTER MOVED TO REIMBURSE THE EAGLE SCOUTS $871.10 FOR CONSTRUCTION OF A GRILLING SHED WITH FUNDS TO COME FROM THE PARK DEDICATION FUND. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson also stated that Commissioner David Briggs has resigned from the Park and Recreation Commission. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE RESIGNATION OF DAVID BRIGGS WITH REGRETS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for open mike. 6.1. Interview Planning Commission Applicants Director of Planning Michele McPherson stated that four applicants have applied for two vacancies on the Planning Commission. She introduced the four applicants. The Council interviewed the four applicants and submitted their votes by written ballot. Mr. Peter Lemke and Mr. Leo Offerman received the most votes. Mr. Lemke stated that he would accept the four month term. COUNCILMEMBER TVEITE MOVED TO APPOINT MR. PETER LEMKE TO THE PLANNING COMMISSION WITH A TERM TO EXPIRE FEBRUARY 28, 2003, AND TO APPOINT MR. LEO OFFERMAN TO THE COMMISSION City Council Minutes October 21, 2002 ............................. WITH A TERM TO EXPIRE FEBRUARY 28, 2004. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED $-0. Page 5 6.2. Comprehensive Plan Update Director of Planning Michele McPherson updated the Council on activities of the Comprehensive Plan Task Force. Councilmember Tveite stated that he is disappointed in the low public turnout at these meetings. Task Force member Ron Haup questioned why the Planning Commission applicants (here for the last agenda item) have not appeared at any Comprehensive Plan Task Force meetings. He indicated that a Comprehensive Plan question would have been good for the interviews. He also stated that it is good to have the Comprehensive Plan information on the city's website. 6.3. Consider Wetland Conservation Act Decision - Birchview, WCA 02-11 Staff report submitted by Building and Zoning Administrator Steve Rohlf with Director of Planning Michele McPherson presenting. Ms. McPherson stated that the developer for Birchview is proposing to fill 8,050 square feet of Type 3 wetland to accommodate a road. She discussed the findings and recommendations of the Technical Evaluation Panel. COUNCILMEMBER KUESTER MOVED TO APPROVE THE FILLING AND MITIGATION PLAN FOR BIRCHVIEW WITH THE FOLLOWING CONDITIONS: A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORED OVER THE MITIGATION AND BUFFER AREAS. o THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. ° THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MTIGATION WORK. ° THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. ° THE SWALE FOR RUN OFF FROM THE EASTERN PORTION OF THE ROAD SHALL BE BUILT WITH A DIKE ACROSS IT (MIN. ONE FOOT HIGH) TO TRAP SEDIMENT PRIOR TO DISCHARGING INTO THE NATURAL WETLAND ON THE PROPERTY AND/OR A PORTION OF IT IS DEEPENED TO SERVE THE SAME PURPOSE. A City Council Minutes Page 6 October 21, 2002 ............................. PAD FOR CLEANING THE TRAPPED SEDIMENT SHALL ALSO BE CONSTRUCTED ADJACENT TO WHATEVER IS USED FOR THIS PURPOSE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by Contour Excavating Inc. for Final Plat Approval (Birchview Addition), Case No. P 02-12 Staff report submitted by Senior Planner Scott Harlicker with Director of Planning Michele McPherson presenting. Ms. McPherson stated that the applicant is requesting final plat approval of Birchview, a single-family five lot plat. She discussed existing site conditions, access, layout, wetlands, and Park and Recreation Commission action. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 02-96 GRANTING FINAL PLAT APPROVAL FOR BIRCHVIEW, CASE NO. P 02-12 WITH THE FOLLOWING CONDITIONS: 1. THERE WILL BE NO ACCESS FROM LOT 1 TO COUNTY ROAD 13. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. STREETLIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 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 THE PERIOD OF ONE YEAR. A 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. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. City Council Minutes Page 7 October 21, 2002 ............................. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. 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 GRADING COMMENCING. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ALL MAILBOXES SHALL BE CLUSTERED. 15. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. 16. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER'S AGREEMENT FORTHE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. · THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. · THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. · THE SWALE FOR RUN-OFF FROM THE EASTERN PORTION OF THE ROAD SHALL BE BUILT WITH A DIKE ACROSS IT (MINIMUM ONE FOOT HIGH) TO TRAP SEDIMENT PRIOR TO DISCHARGING INTO THE NATURAL WETLAND ON THE PROPERTY AND/OR A PORTION OF IT IS DEEPENED TO City Council Minutes October 21, 2002 ............................. SERVE THE SAME PURPOSE. A PAD FOR CLEANING THE TRAPPED SEDIMENT SHALL ALSO BE CONSTRUCTED ADJACENT TO WHATEVER IS SUED FOR THIS PURPOSE. 17. THE NAME OF THE STREET SHALL BE CHANGED TO 207TM CIRCLE. Page 8 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Windsor Oaks of Elk River, LLC and Dynamics Design & Land Co. for Final Plat Approval ,(Windsor Oaks of Elk River), Case No. P 02-15 Staff report submitted by Senior Planner Scott Harlicker and presented by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting final plat approval of a 33 single-family lot cluster subdivision of Windsor Oaks of Elk River. She discussed zoning, lot and street layout, outlots, well and septic, and park dedication requirements. Councilmember Motin questioned the location of the tot lot near the power lines. He also questioned the length of the cul-de-sacs on the west of the development. He stated he would oppose this plat because the cul-de-sacs lengths were too long. Jim Brown, Cascade Land Company - Stated that the tot lot could be moved to Outlot D. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-97 GRANTING FINAL PLAT APPROVAL FOR WINDSOR OAKS OF ELK RIVER, CASE NO. P 02-18 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE City Council Minutes October 21, 2002 ............................. AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. Page 9 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. OUTLOTS A -I BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 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 DISTURBED AREAS SHALL BE GRADED AND SEEDED. 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN City Council Minutes October 21, 2002 ............................. ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. Page 10 20. THE RIGHT-OF-WAYS FOR 193m) AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE INTERNAL TRAIL SYSTEM BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE PLAY AREA BE LOCATED EITHER ON OUTLOT B OR OUTLOT D AND OUTSIDE ANY EASEMENT AREAS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Motin opposed. 6.6. Request by the City of Elk River for Easement Vacation (City Hall Property - Gospodar Addition), Public Hearing - Case No. EV 02-09 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the city is requesting to vacate an easement granted by the City of Elk River for street purposes over Lot 1, Block 1, Gospodor's Orono Lake Addition No.1. She stated that the easement is no longer necessary and no longer functions for transportation purposes and that part of the Public Safety Facility is now located on the easement. Mayor KJinzing opened the public hearing. There being no one to speak to this issue, Mayor ICJinzing closed the public hearing. COUNCILMEMBER TVIETE MOVED TO APOPT RESOLUTION 02-98 FOR THE CITY OF ELK RIVER FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 02-09. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Saxon Motors, Inc. for an Amendment to a Conditional Use Permit. Public Hearing - Case No. CU 02-26 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting to amend their conditional use permit to allow a 5,358 square foot two-story addition to their building. She discussed zoning requirements, the Wild and City Council Minutes Page 11 October 21, 2002 ............................. Scenic shoreland regulations, access and circulation, landscaping, and Planning Commission action. Mayor ICJinzing opened the public hearing. John Weicht, builder for Saxon Motors - Stated that the correct address for the application should be 17354 Highway 10. Mayor ICJinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. MINOR GRADING MAY OCCUR BEYOND THE LINE OF THE WILD AND SCENIC DISTRICT. 2. NO TREES GREATER THAN FOUR INCHES IN DIAMETER SHALL BE REMOVED FROM THE BLUFF AREA. A CHANGE IN OCCUPANCY OF THE SECOND STORY OF THE ADDITION MAY NECESSITATE THE NEED FOR AN ELEVATOR OR OTHER ADA ACCESS PROVISION. 4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE MET. 5. THE ADDITION SHALL COMPLY WITH THE BUILDING AND FIRE CODES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. City Administrator Review Councilmember Dietz stated that Council should have received in the mail some sample forms that would assist in the review of the City Administrator. The Council agreed that the forms looked helpful and that the department heads and the Council should fill out these forms for the review process. 7.2. Canvas/Plastic Accesso~ Structures Director of Planning Michele McPherson stated that temporary canvas structures have been appearing around the city. Staff is looking for direction from Council on how to regulate these types of structures. She stated that the structures do meet the definition of a structure under the building code. She stated that Council could either: 1) disallow the structures; 2) ignore the structures; or 3) regulate the structures under Building Code Appendix Chapter 31. Ms. McPherson explained some of the issues with these types of structures, such as aesthetics, anchoring, snow loads, safety, setback requirements, etc. Councilmember Tveite stated that he believes these types of structures should be allowed in agricultural areas. City Council Minutes Page 12 October 21, 2002 ............................. The Council recommended that staff pursue option 3, regulation of the structures under the Building Code, due to aesthetic and code concerns. 7.3. Resolution Amendments City Administrator Pat Klaers stated that the Council approved two resolutions at the October 14, 2002, Council meeting. The resolutions were for "Accepting, Supporting, and Adopting..." the Mn/DOT plans for Highway 10 and for Highway 169/101. Mr. Klaers stated that the Council should accept and support the plans but not adopt them and that the "adopting" portion should be deleted from the title of each of these resolutions. COUNCILMEMBER DIETZ MOVED TO AMEND RESOLUTION 02-92 AND RESOLUTION 02-93 BY DELETING THE WORD ADOPTING FROM THE TITLE OF EACH OF THESE RESOLUTIONS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:00 p.m. Tina Allard Recording Secretary