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01-22-2002 CC MINHEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 22, 2002 Members Present: Members Absent: Staff Present: Also Present: Mayor Klinzing, Councilmembers Kuester, Motin, and Tveite Councilmember Dietz City Admimstrator Pat Kdaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Recreation Manager Michele Bergh, Liquor Store Manager David Potvin, Assistant Police Chief Jeff Beahen, and Recording Secretary Tina Allard Park and Recreation Commissioner John Kuester and Planning COmmissioner Howard Ropp 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 1/22/2002 Agenda The following items were added to the agenda: 7.2 Cable TV 7.3 Announcement COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNClLMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3 3.4 3.5 1/14/2002 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED PAY EQUITY IMPLEMENTATION AND COMPLIANCE REPORTS - APPROVED APPROVE RESOLUTION 02-03 APPROVING A PREMISES PERMIT FOR COMMUNITY CHARITIES TO CONDUCT LAWFUL GAMBLING AT ELK RIVER BOWL, 13161 HIGHWAY 10 - APPROVED ITEM 3.5 MOVED TO REGULAR AGENDA - APPROVED COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes January 22, 2002 3.5 Authorize Purchase of Additional Office Equipment for Office at Lions Park Center Page 2 Councilmember Motin expressed security concerns by allowing YMCA staff access to the Lions Park Center during non-office hours. Councilmember Kuester inquired whether the city has an established policy for usage of government buildings by other parties. City Administrator Pat Klaers stated that the city does not have a policy on rental space usage but that fees would be collected from the YMCA to offset capital and operating costs. Councilmember Kuester indicated concerns regarding competition between the YMCA and City Recreation for programming. Recreation Manager Michele Bergh stated that she has been in contact with the YMCA and she believes the YMCA will work with City Recreation on the coordination of programs and a good partnership will be established. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE EXPENDITURE OF $2,150 FOR THE PURCHASE OF OFFICE FURNITURE AT LIONS PARK CENTER WITH FUNDS COMING FROM THE NSP FUND WITH A CONDITION THAT THE YMCA NOT BE GIVEN A KEY TO THE CENTER AND THEY CAN ONLY HAVE ACCESS TO THE BUILDING DURING NORMAL OFFICE HOURS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Sara Mitchell, 12275 195th Circle - Stated that she is concerned about the safety of students walking to school on the non-motorized trail located adjacent to the snowmobile trail at 193,a Avenue. She would like the Council and the Park and Recreation Commission to reconsider a new snowmobile trail route. Dawn Hork, 19308 Rush Court - Submitted a petition and a handout. She stated concerns regarding the 193~a Avenue non-motorized trail path that currently allows snowmobile access. She is concerned about the safety of pedestrians who use the trail and the speed of the snowmobilers. Ms. Hork gave an overview of her handout. Todd Bouma, 18083 Macon Street - Stated that the orange signs and fencing that are put up by the city near Orono Park are not being obeyed by snowmobilers. He stated that snowmobiles do not stick to the trail on his property and he can't let his kids play outside. He is concerned about the hours of operation, the imposed penalties not being stiff enough, and the speed of the snowmobilers. He suggested that Elk River look at the current snowmobile policies of the cities of Champlin and Lakeville. 5.1. Utilities Commission Update City Administrator Pat Klaers gave an update of the Utilities Commission meeting that was held on January 15, 2002. 5.2. Park and Recreation Update Snowmobiling Director of Planning Michele McPherson stated that the 193~a Avenue trail section was chosen as a connecting link between Highway 10 on the west end of town and the City Council Minutes Page 3 January 22, 2002 Highway 169 corridor. She stated that residents along this stretch have legitimate concerns and that the Park and Recreation Commission felt that some change needed to be made to this section of the trail but that the change should take place after this winter season. Mayor Klinzing stated that she is concerned about snowmobilers on this trail and in all of the Urban Service District of Elk River. She stated that the 193~d Avenue trail link and the Mississippi Road trail should not be allowed. Mayor Klinzing suggested that the dty approach MnDOT regarding the Park and Ride site located along Highway 169 as a trailhead location. Councilmember Tveite would like to see the 193~d trail realigned at another location. He stated that snowmobiles are a public safety issue and are going to be a problem in Elk River no matter what the city decides. Councilmember Kuester stated that 193~d Avenue was established as a non-motorized trail for pedestrians and the city should look at an alternative site. She is concerned that snowmobilers may not realize that this is also a pedestrian trail corridor. Councilmember Motin stated that he understood the concerns everyone has on this issue but felt that a change should not be made without input from the snowmobile club. He stated that a limited use of hours on 193ra Avenue could be established for this year but doesn't feel a total ban should be initiated immediately. It was the consensus of the Council that staff, ~vorking with the snowmobile club, the Park and Recreation Commission, and residents, determine and present other alternatives for snowmobile trail usage at a future Council meeting. Acquisition o f the Richard LeFavor Property Ms. McPherson stated that the appraisal for Mr. LeFavor's 70 acres of land established the value at $546,000. She stated that the Park and Recreation Commission made a counteroffer to purchase this parcel for $300,000. Mr. LeFavor declined this offer. Staff is recommending that acquisition not be pursued at this time. Rich LeFavor, 4335 Rosewood Lane, Plymouth - Stated that he would like the Council to reconsider his offer of $546,000 for the 70 acres. Mayor Klinzing indicated that that she believed there was a discrepancy in the value of this parcel. It was a consensus of the Council to not pursue the acquisition of Mr. LeFavor's parcel of land. Resolution Supporting Sherburne Coun .ty Grant Request Ms. McPherson stated that Sherburne County is requesting support from Elk River for a grant to acquire the railroad right of way in Livonia Township and to match the 20 percent required for the cost of paving the railroad right-of-way trail from County Road 33 to the northern corporate boundary. COUNCILMEMBER KUESTER MOVED TO APPROVE RESOLUTION 02- 04 TO SUPPORT A GRANT BY SHERBURNE COUNTY FOR THE ACQUISITION OF ABANDONED RAILROAD CORRIDOR AND FOR City Council Minutes Page 4 Janua~ 22, 2002 PAVING THE GREAT NORTHERN TRAIL WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Approve 2002 Capital Improvement Expenditures Ms. McPherson discussed the 2002 capital improvements expenditures adopted by the Park and Recreation Commission. Councilmember Motto stated that he would like to see park features such as basketball courts and tennis courts be explored by the Commission. COUNCILMEMBER TVEITE MOVED TO ADOPT THE PROPOSED 2002 CAPITAL IMPROVEMENT EXPENDITURES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Amendment to Lions Park Center Use Policy Recreation Manager Michele Bergh stated that she would like to make an amendment to the policy stating that non-profit groups requesting recurring use of the Lions Park Center two or more times per month be evaluated quarterly. She stated that if these groups want to guarantee their space request then they could elect to pay for the space under the Priority 3 user group fee level. COUNCILMEMBER MOTIN MOVED TO AMEND THE LIONS PARK CENTER USE POLICY STATING THAT NON-PROFIT GOUPS REQUESTING RECURRING USE OF THE LIONS PARK CENTER TWO OR MORE TIMES PER MONTH MUST BE EVALUATED QUARTERLY OR IF THEY WISH TO GUARANTEE THEIR SPACE THEN THEY MUST PAY FOR THE SPACE UNDER THE PRIORITY 3 USER GROUP FEE LEVEL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. YMCA Update Mayor Iadinzing and City Administrator Pat I~aers provided an update on YMCA activities. It was stated that committee members are needed to help in fundraising, identifying programming needs, and evaluating facility components. Mayor Klinzing stated that on January 24, 2002, the YMCA would be providing a tour of four YMCA's currently operating in the metro area. 5.4. NCDA Update City Administrator Pat I~aers stated that there would be a commuter rail demonstration held on January 28, 2002, and that if any Councilmembers are interested in attending they should nodfy staff so that their RSVP can by turned in. Councilmembers Mofin and Tveite stated that they would be attending the demonstration. 5.5. Consider Boys & Girls Club Request for Funds for Environmental Coordinator Building and Zoning Administrator Steve Rohlf stated that the Boys and Girls Club is requesting $36,500 from the landfdl abatement fund to finance their recycling/environmentalist program and employees. The Minnesota Office of City Council Minutes January 22, 2002 Environmental Assistance interpreted this as an appropriate use of landf-dl abatement monies. Page 5 John Fitzgerald, Executive Director of the Boys and Girls Club - Gave a brief update on the success of last year's recycling/environmental program. COUNCILMEMBER KUESTER MOVED TO GRANT $36,500 FROM THE CITY'S LANDFILL ABATMENT FUND TO FINANCE THE BOYS AND GIRLS CLUB RECYCLING/ENVIRONMENTALIST PROGRAM FOR ONE YEAR. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Consider Proposals for Liquor Store Market Study City Administrator Pat I~aers stated that the 2002 liquor budget includes funds for completing a market feasibility study to determine if a second municipal liquor store would be appropriate at this time. He stated that the city received three proposals and two were close in price. The Maxfield Research Inc. proposal came in slightly higher than the Dakota Worldwide proposal. Mr. Iadaers stated that the city has had previous experience with Maxfield Research and that Dakota Worldwide had very good references. Councilmember Tveite recommended Dakota Worldwide due to the lower price and he felt it would be good for the city to establish relationships with more than one consultant. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE PROPOSAL FROM DAKOTA WORLDWIDE IN THE AMOUNT OF $6,350 TO COMPLETE A MARKET FEASIBILITY STUDY TO DETERMINE THE DEMAND FOR A SECOND LIQUOR STORE IN ELK RIVER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Klinzing opposed. Mayor Ia-flinzing stated that she felt the city should not be in the liquor business. 6.1. Request by Phoenix Enterprises for Final plat Approval of Hillside 8th Addition, Case No. P 00-18 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting final plat of five lots and a cul-de-sac at the end of Baldwin Street. He stated that the applicant would be contributing both cash and land to meet the 10 percent park dedication requirement. Daryl Thompson, Phoenix Enterprises Representative - Stated that the reason the rest of the Hillside 8t~ preliminary plat has not been brought forward for final plat approval is because of the condition required by the city for preserving trees. The preliminary plat is being revised to improve opportunities for tree preservation. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 02-05 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE 8TM ADDITION WITH THE FOLLOWING CONDITIONS: City Council 24inutes Page 6 January 22, 2002 1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 4. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE- SACS PRIOR TO RELEASING THE PLAT FOR RECORDING. THAT THE PROPOSED PARK (OUTLOT D) BE ACCEPTED TOWARDS PARK DEDICATION (WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND UTILITY CORRIDOR) AND THE REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN LEIU OF LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. 7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. THAT 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. THAT 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 WITH SHERBURNE COUNTY. 10. 11. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY ENGINEER. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIPLINE. 12. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City, Council Minutes Page 7 January 22, 2002 6.2. Request by Bart Boese for a Conditional Use Permit for a Home Occupation and Outdoor 6.3. Storage of Excavating Equipment, Public Hearing - Case No. CU 01-38 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a Conditional Use Permit for a Home Occupation and outdoor storage of equipment for an excavating business. He reviewed the site conditions, landscaping, and Planning Commission action. Mayor Iadinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public heating. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL usE PERMIT FOR A HOME OCCUPATION AND OUTDOOR STORAGE OF EQUIPMENT FOR AN EXCAVATING BUSINESS WITH THE FOLLOWING CONDITIONS: 1. PROVIDE AN IMPROVED SURFACE, SUCH AS CLASS-5, ASPHALT, OR CONCRETE, FOR THE OUTDOOR STORAGE AREA. IF MORE THAN THREE PIECES OF EQUIPMENT, ASIDE FROM THE TRUCK AND TRAILER, ARE TO BE STORED OUTSIDE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. o PROVIDE ADDITIONAL SCREENING BY PLANTING THREE 3 FOOT TALL CONIFEROUS TREES, AT 15 FEET ON CENTER, ALONG THE NORTH PROPERTY LINE FROM THE FRONT OF THE HOUSE TO THE REAR LINE OF THE POLE SHED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Mike Jones for a Variance, Public Hearing - Case No. V 01-08 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated the applicant is requesting a variance to allow a slope greater than 3:1 to e~st without a retaining wall. She discussed the lot layout, the NSP easement, and the five conditions that must be met in order to grant a variance. She stated that the applicant would like to use erosion control blankets and a seed mix on the slope rather than retaining walls. Ms. McPherson discussed the concerns of staff, the city engineer, and stated that the Board of Adjustments voted to deny the variance request. Mayor Klinzing opened the public hearing. Mike Jones, 11740 200th Avenue - Discussed the five conditions of the variance and why he felt that the request met each of these conditions. Mr. Jones stated that he couldn't afford to build retaining walls on this slope. He felt that his situation was unique due to the NSP easement over 90 percent of his property and he felt the city should not have issued him a building permit. He stated that the retaining walls required by the city would be to close to his house and would cause a water problem. Mayor Klinzing closed the public hearing. City Council Minutes January 22, 2002 Page 8 Councilmember Tveite stated that there is a hardship on Mr. Jones due to the limited building area of the lot, the shape of the house, and the NSP easement. He felt that Mr. Jones does meet the variance requirements. Mayor I43inzing felt that Mr. Jones meets the variance requirements and he should not have been issued a building permit. She stated that she is still concerned about drainage issues on this property. Mr. Maurer stated that the lot drains to the east of the home and drainage shouldn't be an issue. Mr. Maurer stated that Mr. Jones would use a hydroseed mLx if the retaining wall were not required. Councilmember Motin stated that he felt the applicant is borderline on meeting the requirement of a variance. He suggested that some type of agreement be set up with the applicant that would be reviewed on an annual basis stating that if the hydroseeding does not work within five years then the city can require a retaining wall. COUNCILMEMBER MOTIN MOVED TO TABLE THIS ISSUE UNTIL MARCH 18, 2002, SO IT CAN BE DETERMINED BY THE CITY ATTORNEY IF IT IS FEASIBLE TO DRAFT A DOCUMENT THAT COULD BE RECORDED AGAINST THE PROPERTY AT 11740 200thAVENUE STATING THAT IF THE HYDROSEEDING MiX FOR MAINTAINING THE HILL BEHIND THE HOUSE IS NOT SUCCESSFUL THEN THE CITY CAN REQUIRE THE APPLICANT TO BUILD A RETAINING WALL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Cascade Land Co. for Preliminary Plat Approval ,(Park Pointe), Public Hearing - Case No. P 01-13 Councilmember Motin stepped down from this issue due to a conflict of interest. Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that Dynamics Design and Land Company is requesting preliminary plat for Park Pointe, a subdivision of 95 lots. This plat was brought to and discussed for Council approval on December 17, 2001 but it did not meet the requirements for park dedication fees. The applicant has amended the park dedication requirements. Mayor IG/nzing opened the public hearing. Jim Brown, Representative for Dynamics Design - Stated that the requirement regarding the dedication of land from the replat of Outlot E equaling 10 percent of the land area will be adjacent to the water's edge linking the parcels given from Park Pointe should be excluded from the conditions required for this plat. Mr. Brown stated that they do not o~vn this parcel. John Kuester, Park and Recreation Commission Chair - Stated that the Park and Recreation Commission would like to see a trail connection around K3iever's Marsh through Out_lot E. He discussed the different trail options that were discussed with the developer. City Council Minutes Page 9 January 22, 2002 Paul Motin, Motin Law Office - Stated that he is representing the Mirchell's, owners of the five acre Outlot E, and they are concerned with a path being put along the lakeshore of this parcel m case they wish to build on it without platting additional lots. Mayor K2inzing closed the public hearing. City Engineer Terry Maurer stated at the next Council meeting there would be discussion on installing sewer and water along 175th Avenue for this project Councilmember Tveite stated that the city shouldn't impose a restriction on land (Outlot E' that is not part of the preliminary plat before the Council. Councilmember Kuester and Tveite stated that if Ouflot E were to be replatted by anyone ~n the furore, it would be their intention to have a trail connection included as part of that plat to link with the other trails around Kliever's Marsh. Mayor ICdinzing stated that if the Mitchell's decided not to build on Oudot E but decided to sell to a developer or plat the land themselves then the City Council can determine at that time whether to include a connecting trail corridor. MAYOR KLINZING MOVED TO APPROVE THE PRELIMINARY PLAT OF PARK POINTE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE STREETS. 3. STREET LIGHTS 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. 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. City Council Minutes January 22, 2002 6.5. Page 10 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. 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. 12. 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. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. A TREE PRESERVATION PLAN'BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. 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. 18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A. 19. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G TO THE CITY FOR PARK PURPOSES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-0. Request by City. of F.11~ River for an Amendment to the Zoning Ordinance Section 900.12 (16) Business Park District, Relating to Warehouse Space, Pubhc Hearing - Case No. 01-09 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the city would like to amend the Business Park District standards to establish definitions for warehousing and showrooms and to allow showroom space, repair/equipment, and increased warehouse space as permitted. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I4dinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 02-01 AMENDING SECTION 904 OF THE CITY CODE OF ORDINANCES. City Council Minutes Page 1 Janua~ 22, 2002 COUNCILMEMBER K-LTESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.1. Planning Commission Recommendation: Comprehensive Plan Update Michele McPherson updated the Council on the process the Planning Commission used to decide how the Comprehensive Plan would need to be reviewed and the process that should be followed for review of the Plan. The City Administrator noted that this issue would be discussed at a joint meeting between the Planning Commission and the City Council on February 4, 2002. Additionally, he noted that staff strongly believes that there is a need for a planning consultant to assist in the updating process. An objective third party that knows in the public input and review process and which has planning expertise would gready assist the city. The City Council concurred with the need for a planning firm to assist in the updadng of the Comprehensive Plan. The Council discussed Rusty Fifield joining the Hoisington Koegler Group Inc. planning fu:m and indicated that is was appropriate to have Rusty briefly discuss the furms experience when he attends that January 28, 2002 meeting and that he should be invited to attend the February 4, 2002 meeting in order to formulate a proposal for services. Councilmember Tveite volunteered to sit on the Comprehensive Plan update committee. Council_member Mot_in expressed interest in serving as an alternate. 7.2, Cable TV Council_member Motin stated that he has received some complaints from citizens regarding some new higher fees that Charter CommUnications is imposing. He questioned whether outside competition would be allowed to come into Elk River. City Administrator Pat Klaers stated that the City Clerk is a representative on the Cable Commission and she will discuss this situation at a future meeting. 7.3 Announcement Councilmember Kuester stated she is a member of the Citizens League and that the League would be providing information on a leadership study that they recently completed. She stated that the study would be presented at the Elk River Public Library on Saturday, February 9, 2002, from 9:00 a.m. to 11:00 a.m. and everyone is invited to attend. 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 9:20 p.m. Tina Allard Recording Secretary