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04-15-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 15, 2002 Members Present: Members Absent: Staff Present: Also Present: Mayor Iadinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat I~daers, Director of Planning ~vfichele McPherson, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter Beck, Liquor Store Manager Dave Potvin, Police Chief Tom Zerwas, Recreation Manager Michele Bergh, Fire Chief Bruce West, Finance Director Lori Johnson, and Recording Secretary Tina Allard Park and Recreation Commissioner Dawn Polston-Hork, and Planning Commissioner Mark Pederson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. Consider 4/15/2002 Agenda City Administrator Pat Klaers added two items to Other Business. COUNClLMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.3. 3.4. 3.5, 3,{5. 4/8/2002 CITY COUNCIL MINUTES GENERAL PLANNING PERMIT FOR CUB FOODS TO ALLOW A TEMPORARY GREENHOUSE IN THE CUB PARKING LOT REQUEST BY NORTH MEMORIAL HEALTH CARE FOR CONDITIONAL USE PERMIT FOR SIGNAGE TABLED TO MAY 20, 2002 REQUEST BY JOHN ALFORDS TO REZONE CERTAIN PROPERTY FROM RlC (SINGLE FAMILY RESIDENTIAL) TO R4 (MULTIPLE FAMILY RESIDENTIAL) TABLED TO MAY 20, 2002 REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT - ADDITION TO NORTHBOUND CROSSING BUILDING AND BILLIARD FACILITY USE - TABLED TO APRIL 22, 2002 REQUEST BY ROGER JOHNSON FOR ADMINISTRATIVE SUBDIVISION TABLED TO MAY 20, 2002 City Council Minutes April 15, 2002 3.7. 3,8. 3.9. Page 2 AUTHORIZATION TO HIRE SEASONAL PART TIME EMPLOYEES FOR RECREATION DEPARTMENT ON A QUARTERLY BASIS AUTHORIZATION TO HIRE BUILDING INSPECTOR AT PAY GRADE 13, STEP A AUTHORIZATION TO WAIVE BUILDING PERMIT FEES TO THE ROTARY CLUB FOR NON-PROFIT WORK OF A PUBLIC FACILITY COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1 Consider Feasibility. Study for Westbound Liquor Store Liquor Store Manager Dave Potvin introduced Len Sage; whose company Dakota Worldwide completed a feasibility study for a future Westbound Liquor Store. Mr. Sage reviewed the study and the methodology used to complete the study with Council. City Administrator Pat I<laers stated that any decision as to whether or not to construct another liquor store can wait and be discussed during the budget worksession. At that time staff will have an estimate available for operating expenses and this information is needed to determine if a second store will be profitable. 5.2. Consider Bids for Refinishing Fire Station Floors Fire Chief Bruce West stated that three bids were received for refinishing the fu:e station floors. He stated that the Ambulance Service would be donating $3,000 toward the repair. COUNCILMEMBER MOTIN MOVED TO ACCEPT THE BID FROM QC COMPANIES IN THE AMOUNT OF $23,140 TO REFINISH THE FLOORS OF THE FIRE STATION WITH FEMA FUNDS RECEIVED IN 2001 AND AMBULANCE MONEY FUNDING THE PROJECT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Utilities Commission Update Councilmember Dietz provided an update of the Utilities Commission meeting held on April 9, 2002. He stated that the Utilities want to have the water line included as a bid alternate in the 175~' Street project and make a decision later on whether they should fund the project. He stated that the Utilities is seeking a way to encourage people to use less water during the summer months. Councilmember Motin suggested that Utilities check into increased rate steps according to water usage. 5.4. NCDA Update Mayor IGinzing stated that a decision on funding for the Northstar Corridor has yet to be made at the State level and the State would be working it out during the legislative conference committees. City Council Nlmutes April 15, 2002 5.5. Park and Recreation Update Page 3 Director of Planning Michele McPherson provided the Council with an update on the construction progress at the YAC fields. She stated that the Park and Recreation Commission has been working on the Master Park Plan for Lake Orono Park and the end- use plan for the Elk River Landfill. She further stated that Lions Park Center is in need of additional kitchen equipment. COUNCILMEMBER DIETZ MOVED TO APPROVE THAT $3,100 FROM THE PARK EQUIPMENT RESERVE BE USED TO PURCHASE KITCHEN EQUIPMENT FOR THE LIONS PARK CENTER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Recreation Manager Michele Bergh stated that the American Legion would like to have the fees waived for reserving the bandshell and having access to the bathrooms at Lions Park Center for their Memorial Day celebration. Discussion was held regarding the Lions Park Center Po[icy and how it applied to non- profit groups. MAYOR KLINZING MOVED TO WAIVE THE FEES FOR THE BANDSHELL AND FOR ACCESS TO LIONS PARK CENTER BUT TO REQUIRE THE $150 DEPOSIT FEE MUST BE PAID. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. There ~vas concern among the Council of whether this would set a precedent with other groups wanting to have their fees waned. The Council felt that staff should review the section of the Lions Park Center Policy regarding fees for non-profit groups. 5.6. Consider School District Request for Community. Recreation Reimbursement Director of Community Education Charlie Blesener stated that over the last nine years debt had accumulated in the amount of $67,274. He stated that a contributing factor to this debt may have been the difference in fiscal years between the school district and the cities on the Recreation Board. Mr. Blesener stated that the school district used the population of member cities to determine the annual debt that the cities owe. He stated that Elk River would owe $34,311. He stated that due to the timehness of notification of this issue and that members of the Recreation Board were not aware of the fund balance deficit, the school district would be willing to accept $25,000 as repayment. City Administrator Pat Klaers stated that he supports the request of the school district but that the amount should be paid over a three-year period. Councilmember Motin, who was a member of the Recreation Board, stated that he is unclear of where the deficit occurred. He stated that Elk River received the most benefit from the programs that were offered and felt that some money should be paid to the school district. COUNCILMEMBER DIETZ MOVED TO PAY THE SCHOOL DISTRICT $24,000 PAYABLE OVER THREE YEARS WITH FUNDS TO COME FROM THE CITY RECREATION BUDGET. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 15, 2002 Page 4 COUNCILMEMBER MOTIN MOVED TO CONTRIBUTE $1,000 FROM THE COUNCIL CONTINGENCY FUND TO THE SCHOOL DISTRICT. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Request by Ken and Tami Turner for Side Yard Setback Variance, Public Hearing - Case No. V 02-02 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a variance to reduce the side yard setback from five feet to zero feet to allow a garage addition. He explained the criteria that must be met in order to meet the variance requirements. The Board of Adjustments denied the variance request. Mayor Klinzing opened the public hearing. Ken Turner, 557 7th Street - Stated that since the snow has left his yard he remeasured the layout of where his proposed garage would fit on the site. He stated that the garage would be about three and a half feet from the property line and not right on the line. He stated that his neighbor to the east is three feet from the property line with his garage. Mr. Turner stated that two trees would have to be removed to install the garage and these trees are currendy causing problems with his sewer lines. Councilmember Motin stated that without a survey of the property, he did not want to rely on the measurements by the homeowner used to determine the location of the garage addition. Mayor Klinzing closed the public hearing. Planning Commissioner Marc Pederson stated that other garages in the area appear to meet the setback requirements and Mr. Pederson discussed the concerns of the adjacent property owners regarding water drainage and the tree loss. COUNCLMEMBER TVEITE MOVED TO DENY THE REQUEST BY KEN AND TAMI TURNER FOR A SIDE YARD SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND THE SRUCTURE IN THE SAME AREA. THE LETERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. City Council Minutes Page 5 April 15, 2002 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPIN WITH SPIREIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Bob and Terri Bostrom for Administrative Subdivision, Public Hearing - Case No. AS 03-03 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting to subdivide a 21/2 acre parcel of land into a residential lot. She discussed zoning and park dedication requirements. Mayor Klinzmg opened the public hearing. Bob Bostrom, 13301 192 1/2 Avenue - Stated that all the engineering issues are being met. He stated that the size of this new lot would be more inline with the e,,dsting properties in the area. Mayor Iadinzing closed the public heating. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST TO CREATE ONE BUILDABLE LOT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. o A REVISED CERTIFICATE OF SURVEY INDICATING A BUILDABLE SITE AND PRIMARY AND SECONDARY SEPTIC SITES SHALL BE SUBMITTED. 3. THE APPLICANTS SHALL PROVIDE THE REQUIRED DRAINAGE AND UTILITY EASEMENTS. PARK DEDICATION FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE ADMINISTRATIVE SUBDIVISION FOR RECORDING. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE ADMINISTRATIVE SUBDIVISION FOR RECORDING. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 15, 20O2 6.3. Request by Mike and Monica Johnson for Conditional Use Permit for Private Kennel Publ/c Hearing- Case No. CU 02-06 Page 6 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a Conditional Use Permit for a Private Kennel. He stated that the property is zoned Rla and a private kennel is allowed as a conditional use. Mayor F-dinzing opened the public hearing. There being no one to speak to this issue, Mayor I<linzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING. o THAT THE PRIVATE KENNEL BE LIMITED TO 4 DOGS OVER THE AGE OF 6 MONTHS. ADDITIONAL DOGS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. 4. THAT THE APPLICANT RECEIVES A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3.A Consider Kennel Application for Michael and Monica Johnson Director of Planning Nl/chele McPherson stated that the applicant needs a private kennel license that must be renewed on a yearly basis. COUNCILMEMBER MOTIN MOVED TO APPROVE A PRIVATE KENNEL LICENSE TO MICHAEL AND MONICA JOHNSON. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,4. Request by Cub Foods/Universal Sign, Inc. for Amendment to a Conditional Use Permit for Signage, Public Hearing - Case No. CU 02-05 Staff report submitted by Scott Harlicker and presented by Planner Chris Leeseberg to Council. Mr. Leeseberg stated that Cub Foods is requesting a Conditional Use Permit to amend the Elk Park Center PUD Agreement to allow a second 'CUB' sign over the entrance to their new addition. He discussed current signage for the store and the newly proposed signage. Mayor Fdinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Nlinutes Page 7 April 15, 2002 COUNClLMEMBER DIETZ MOVED TO DENY THE CONDITIONAL USE PERMIT TO ALLOW THE "CUB" SIGN OVER THE NEW PHARMACY ENTRANCE BASED ON THE FOLLOWING FINDINGS: 1. THE EXISTING SIGNAGE IS SUFFICENT TO IDENTIFY THE STORE AS CUB FOODS. 2. THE EXISTING SIGNAGE IS SUFFICENT TO IDENTIFY THE PHARMACY AND THE PHARMACY ENTRANCE. COUNCILMEMBER K'UESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Checker Auto Parts/Universal Sign, Inc. for Amendment to a Conditional Use Permit for Signage, Public Hearing - Case No. CU 01-10 Staff report submitted by Senior Planner Scott Harlicker and presented by Planner Chris Leeseberg to Council. Mr. Leeseberg stated that the Checkers Auto Parts store is requesting a Conditional Use Permit to allow a second wall sign on the rear of the store facing Highway 169. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klmzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A WALL SIGN ON THE REAR OF THE BUILDING WITH THE CONDITION THAT THE SQUARE FOOTAGE OF THE WALL SIGN NOT EXCEED 60 SQUARE FEET. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by JCKD for a Conditional Use Permit (Sterling Bank), Public Hearing- Case No. CU 02-04 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a Conditional Use Permit to allow the construction of Sterling Community Bank. He discussed design standards, landscaping, signage, and parking. Mayor Klinzing opened the public hearing. Jack Amdal, architect with KKE Architects - Clarified that there were five drive up windows. Mayor Klinzing closed the public hearing. Mayor IClinzing questioned the green space buffer between the Sterling Bank building and Highway 169. City Engineer Terry Maurer stated that MnDOT maintains this area and the city doesn't have control over the area. Ms. McPherson stated that MnDOT has done some prairie plantings along Highway 10 in St. Cloud and suggested that the city contact MnDOT to see if this would be a viable option for Elk River. City Council Minutes Page 8 April 15, 2002 COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF STERLING COMMUNITY BANK WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE BUILDING SHALL COMPLY WITH THE BUILDING AND FIRE CODE REQUIREMENTS. 3. ONE ADDITIONAL HANDICAP-PARKING STALL SHALL BE PROVIDED. 4. A LANDSCAPE PLAN MEETING THE CITY'S LANDSCAPE REQUIREMENTS SHALL BE SUBMITTED & IMPLEMENTED. THE APPLICANT SHALL PROVIDE WRITTEN PERMISSION FROM THE EASEMENT HOLDER FOR CONSTRUCTION WITHIN THE EASEMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6,7, Request by City. of Ellc River for Conditional Use Permit for Publ/c Safety Facility and Expansion of E,,dsting City Hall. Public Hearing - Case No, CU 01-09 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the City of Elk River xvould like to build a new public safety facility and expand the current city hall facility. She discussed zoning, landscaping, site impacts, parking, building design, and Planning Commission comments. City Engineer Terry Maurer reviewed and commended on the traffic concerns raised at the Planning Commission meeting. JeffWrede, Tushie-Montgomery Architects - Reviewed roofing options for the city hall facility. He recommended a metal roof as it will last longer and would give the building a more professional appearance. The costs for the different roof options are as follows: Warranty Total Cost Residential 15 yr $150 a square $ 7,500 Cedar 25 yr $250 a square $12,500 Metal 50 yr $850 a square $ 42,500 Mayor Klinzing opened the public hearing. Liz Tveite, representing Sherburne County Fairboard - Stated that the Fairboard is concerned about the impact of the public safety facility on their east gate entrance. She stated that the Board would need another entrance for semi-trucks and demolition cars. She als0 noted that there would be some expense in moving this gate and is concerned about who would pay for the cost. Councilmember Dietz stated that the city wants to remain good neighbors with the Board and they could work together on this issue. City Council Minutes April 15, 2002 Page 9 Gwen Smith, 18290 Fresno Street - Stated that she is not happy with the proposed facility locations, the project cost, and is concerned about the impact to residents. Paul Bell, 18270 Fresno Street - Stated that the city is not a good neighbor. He stated that city vehicles make a lot of noise. He is concerned with the public safety facility being near the recreational area. He stated that he is offended that residents could not vote on this issue. He approves of the city hall building but not the public safety building and felt that it should be located where Orono Park is now located. He is not happy with the buffer of evergreens between residents and the current city hall. He doesn't feel the conditions of the original Conditional Use Permit are being met. City Administrator Pat Klaers stated that he is not aware of any conditions that are not being met as part of the original Conditional Use Permit. City Engineer Terry Maurer stated that the City will be closing the Orono Road entrance to City Hall so that there will be less traffic near the park. Chief of Police Tom Zerwas stated that the police officers try to minimize their sirens at night. He stated that sometimes they do need to use them for safety reasons. Gwen Smith, 18290 Fresno Street - Wanted to know what facts the Council used to justify building a $7 million dollar facility. Mayor Iadinzing directed staff to send Ms. Smith the information necessary to answer her question. Mayor Klinzing closed the public hearing. Mayor Klinzing stated that she is concerned about overflow parking. Mr. Klaers stated that parking spaces on the east side are available for meetings. It was also noted that the school district meetings draw the largest crowd of people and they may need to consider moving their meetings to the high school. The Council was concerned about the cost of the metal roof and decided they wanted to wait on a decision. COUNCILMEMBER TVEITE MOVED TO APPROVE THE REQUEST TO EXPAND CITY HALL AND TO CONSTRUCT A PUBLIC SAFETY FACILITY WITH THE FOLLOWING CONDITIONS: THE BUILDING SHALL COMPLY WITH ALL APPLICABLE FIRE AND BUILDING CODES. THE LANDSCAPE PLAN SHALL BE REVISED TO COMPLY WITH STAFF COMMENTS. THE SIGNAGE SHALL COMPLY WITH THE INSTITUTIONAL REQUIREMENTS OF THE R1C ZONING DISTRICT. City Council Minutes Page 10 April 15, 2002 4. SIGNAGE AND WARNING LIGHTS SHALL BE INSTALLED ON ORONO PARKWAY TO WARN PEDESTRIANS AND MOTORISTS OF EMERGENCY VEHICLES ENTERING. COUNCILMEMBER DIETZ SECONDED THE MOTION. COUNCILMEMBER MOTIN AMENDED THE MOTION TO ADD THE FOLLOWING TWO ADDITIONAL CONDITIONS: THAT A DECISION REGARDING THE ROOFING MATERIAL OPTIONS BE BROUGHT BACK TO THE COUNCIL. THAT STAFF REVIEW THE PRIOR CONDITIONS OF THE ORIGINAL CONDITIONAL USE PERMIT TO MAKE SURE THE CONDITIONS ARE BEING MET COUNCILMEMBER TVEITE SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. 6.8. The Council took a ten minute break at 8:50 p.m. Request by City. of Elk River for Easement Vacation (portion of 179th Avenue), Public Hearing- Case No. EV 02-03 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the City is asked to vacate a portion of 179th Avenue right-of-way lying east of Twin Lakes Road and between Outlots A and B of Elk River Crossing. She stated that this right- of-way would become part of a land exchange with D.R. Horton. Mayor I~dinzing opened the public hearing. There being no one to speak to this issue, Mayor ICdinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 02-28 VACATING A PORTION OF THE 179TM AVENUE RIGHT-OF-WAY WITH THE FOLLOWING CONDITION: AN EASEMENT FOR EMERGENCY ACCESS OVER THIS AREA MUST BE PROVIDED ON THE FINAL PLAT OF TROTT BROOK FARMS SOUTH. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Consider Land Exchange with D.R. Horton Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that D.R. Horton was required, as part of their preliminary and final plat, to offer to purchase Oudots A and B, Elk River Crossing and the right-of-way of 179th Avenue. Staff City Council Minutes Page 11 April 15, 2002 counter offered D.R. Horton Oudot K of Trott Brook Farms. An Exchange Agreement has been drafted and reviewed by the city attorney. COUNCILMEMBER MOTIN MOVED TO APPROVE THE EXCHANGE AGREEMENT AND ALLOW EXECUTION BY THE MAYOR. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10 Request by City. of Elk River for Ordinance Amendment Relating to Massage Therapy, Public Hearing - Case No. OA 02-01 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the City would like to amend the zoning ordinance to allow therapeutic massage as an accessory use and to amend the definition of personal service establishment to specifically include therapeutic massage. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 02-04 AMENDING SECTION 900 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10.A Request by Stephanie Nadeau for a Massage Establishment and Massage Therapist License Director of Planning Michele McPherson stated that Stephanie Nadeau is requesting approval of a Therapeutic Massage and Therapeutic Establishment license for her business located in Ideal Health Chiropractic in the West Business Park. COUNCILMEMBER TVEITE MOVED TO APPROVE THE THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE AND THE THERAPEUTIC MASSAGE LICENSE FOR STEPHANIE NADEAU. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11 Request by City. of Elk River for Ordinance Amendment; Sections 900 and 1002 Regarding Building Escrows and Certificates of Survey Requirements, Public Hearing - Case No. OA 02-2 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the city would like an ordinance amendment to change the certificate of survey requirements to make them more specific to drainage and grading requirements. The ordinance would also change the escrow requirements to require an applicant to submit a performance guarantee in the amount of 50 percent of the value of uncompleted landscape improvements and also require that a letter of credit in the amount of three percent of the construction value not to exceed $50,000 be submitted in order to issue the building permit for commercial/industrial projects. Mayor Klmzing opened the punic hearing. Tom Bakritges, Project Manager for D.R. Horton - Stated that he didn't have any issues regarding the certificate of survey requirements but he would like the Council to table the City Council Minutes Page 12 April 15, 2002 ............................. ordinance changes for the escrow requirements. He stated that he would like to get £eedback £rom other builders, developers, and title companies. Councilmember Kuester stated that she would like an item included in the ordinance language that would require the protection of existing trees. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-05 AMENDING SECTIONS 900 AND 1002 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER MOTIN SECONDED THE MOTION. Attorney Peter Beck suggested the following amendment: "By striking Section 1, making Section 2 Section 1, striking Section 3, and making Section 4 Section 2 in order to separate those items pertaining to Section 1002 of the ordinance from Section 900, in order to table the items addressed in Section 900." BOTH THE MAKER OF THE MOTION AND THE SECOND CONCURRED WITH THE AMENDMENT. THE MOTION CARRIED 5-0. 7.1. Consider Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of the East Main Street Left Turn Improvements of 2002 City Engineer Terry Maurer stated that bids have been received for the left turn lane improvements from Main Street onto County Road 13. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 02-29 ACCEPTING BID BY NORTHWEST ASPHALT, INC. IN THE AMOUNT OF $26,827 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE EAST MAIN STREET LEFT TURN IMPROVEMENTS OF 2002. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consider Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of the Jackson Avenue Lift Station Rehabilitation Improvements of 2002 City Engineer Terry Maurer stated that bids have been received for the maintenance improvements at the Jackson Avenue Lift Station. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-30 ACCEPTING BID BY QUALITY FLOW SYSTEMS, INC. IN THE AMOUNT OF $43,600 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE JACKON AVENUE LIFT STATION REHABILITATION IMPROVEMENT OF 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider Sanitary Sewer Televising Quotes City Engineer Terry Maurer stated that the city is proceeding with its Pavement Rehabilitation Program and needs to identify (by televising) the types of repairs that are necessary to existing sewer mains within the Old Core City. He stated that two bids were received for completing this work. City Council Minutes Page 13 April 15, 2002 COUNCILMEMBER DIETZ MOVED TO ACCEPT THE BID FROM VISU- SEWER CLEAN & SEAL, INC. IN THE AMOUNT OF $7,560. COUNClLMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider Funding and Timing of the 175th Avenue Improvement Watermain Construction City Engineer Terry Maurer stated that Elk River Utilities has already taken action on this item. He stated that the Utilities Commission has asked that the 175th Avenue watermain be bid as alternate and Mr. Maurer suggested that half of the trail be bid as an alternate also. The Council concurred with Mr. Maurer's suggestion. 7.5. Consider Resolutions Regarding Waco and Hwy. 10 Signal Project City Engineer Terry Maurer stated that he has completed a feasibility study for the signalization of the intersection of Highway 10 and Waco Street. He stated that three commercial properties would be assessed one-quarter of the cost for installation of the signal and a public hearing must be held. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-31 ORDERING A PRELIMINARY FEASIBILITY REPORT, RESOLUTION 02-32 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT, AND RESOLUTION 02-33 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE TRUNK HIGHWAY 10/WACO STREET INTERSECTION SIGNALIZATION IMPROVEMENT OF 2002. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider Resolutions Regarding Interregional Corridor Studies (Highway 10 and Highway 169) City Engineer Terry Maurer stated that Elk River is the only community that hasn't adopted the Highway 10 and Highway 169 Interregional Corridor resolutions. He discussed three options for Council consideration. Mayor Klinzing stated that she did not want to adopt any resolutions until MnDOT could speak to the Council and the public at a City Council meeting. She would like to receive public comment from Elk River residents, as these two studies would have a big impact on the city. City Administrator Pat Klaers suggested that a letter be sent to MnDOT acknowledging Elk River's participation in the study and stating that the city is willing to sign the resolutions at a later date after the city receives input from citizens. The Council concurred on delaying consideration of these two resolutions until a later date. City Council Minutes April 15, 2002 8. Other Business Page 14 City Administrator Pat I~aers stated that MnDOT needs a motion from Council authorizing the City Engineer to act as an agent for the city and be able to approve plans, specifications, and conduct inspections on behalf of the city. COUNCILMEMBER MOTIN MOVED TO APPROVE THAT TERRY MAURER, WITH HOWARD R. GREEN COMPANY, HAVE AUTHORIZATION TO APPROVE PLANS AND SPECIFICATIONS AND CONDUCT INSPECTIONS ON BEHALF THE OF THE CITY OF ELK RIVER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Klaers stated that Elk River Station is looking to move forward with their project. He stated that the developer would like an opportunity to speak to Council regarding traffic issues including the number of access points allowed on Twin Lakes Road. The developer believes that one access point is enough with a signal. City staff feels that there should be two access points without a signal. The Council concurred that if the developer wishes to speak to this issue, then they could attend the May 13, 2002 Council meeting. Mr. Kdaers distributed an email letter from an Elk River resident who felt that Park and Recreation Commissioner Dave Anderson should be removed from the Park and Recreation Board because he is not an Elk River resident. City Attorney Peter Beck stated that the city is close to completing the agreement transaction with Cargill. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, Mayor Kflinzing adjourned the meeting of the Elk River City Council at 10:10 p.m. Tina Allard Recording Secretary