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11-18-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 18, 1996 Members Present: Members Absent: Staff Present: Also Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner~ Terry Maurer, City Engineer: Tom Zerwas, Chief of Police: Jeff Asfahl, Community Recreation Director: Dave Sellergren, City Attorney: Paul Steinman, Director of Economic Development: Scott Harlicker, Planning Assistant: Steve Rohlf, Building and Zoning Administrator; Tom Mesich, Planning Comr.~ission Representative o Call Meetinq To Order Pursuant to due call and notice thereof, the meetin,e of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. Consider 11/18/96 City Council A.qenda COUNCiLMEMBER FARBER MOVED TO APPROVE THE 11/18/96 CITY COUNCIL AGENDA. COUhCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda Councilmember Scheel indicated that the November 4, 1996, City Council minutes did not properly reflect her concern regarding the problem she is experiencing with beavers. She requested that the minutes be pulled from the consent agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.1. AS FOLLOWS: 3.2. 3.3. 3.4. 3.5. 3.6. 11/6/96 CITY COUNCIL MINUTES - APPROVED PAT HEYING REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL, CASE NO. P 96-11 - POSTPONED TO 12/16/96 HOLIDAY COMPANIES REQUEST FOR CONDITIONAL USE PERMIT, CASE NO. CU 96-25 - POSTPONED TO 12/16/96 JOHN HITCHCOCK REQUEST FOR PRELIMINARY PLAT APPROVAL (ISLANDVIEW 4m ADDITION), CASE NO. P 96-10 - POSTPONED TO INDEFINITELY. RESOLUTION 96-100 MODIFYING TAX INCREMENT FINANCING DISTRICTS NO. 2 AND NO. 3-APPROVED Elk River City Council Minutes Page 2 November 18, 1996 3.7a. 3.7b. 3.7c. 3.7d. 3.7e. 3.8. 3.9a. 3.9b. PAY ESTIMATE #6 TO M.A. MORTENSON FOR WORK COMPLETED ON THE ICE ARENA EXPANSION PROJECT IN THE AMOUNT OF $379,409 - APPROVED FINAL PAY ESTIMATE TO BAUERLY BROTHERS INC. FOR 1996 OVERLAY IMPROVEMENTS IN THE AMOUNT OF $3,888.04 - APPROVED PAY ESTIMATE #8 TO GRIDOR CONSTRUCTION INC. IN THE AMOUNT OF $163,053 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED PAY ESTIMATE #1 TO BAUERLY BROTHERS INC. FOR WORK COMPLETED ON THE 185TM AVENUE AND HIGHWAY 10 IMPROVEMENTS IN THE AMOUNT OF $161,266.94 - APPROVED PAY ESTIMATE #2 TO W.B. MILLER IN THE AMOUNT OF $79,600.45 FOR WORK COMPLETED ON THE 171sT AVENUE PROJECT- APPROVED CHECK REGISTER - APPROVED RESOLUTION 96-101 ADOPTING REVISED FINAL ASSESSMENT ROLL FOR HILLSIDE CROSSING II - APPROVED ASSESSMENT REAPPORTIONMENT FOR COUNTRY CROSSING TOWNHOMES 3RD ADDITION TO 22 NEW LOTS, EACH BEING ASSESSED AT $870.14 - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. City Enqineer Report on Hi.qhway 169 City Engineer Terry Maurer indicated that as per direction from the City Council, he has submitted a letter to MnDOT raising concerns about the safety of T.H. 169 corridor. Terry Maurer indicated that MnDOT representatives were present to discuss these issues. Terry Maurer reviewed the issues of concern which are as follows: Installation of signal warning flashers which flash when the signal is about to change yellow and then red. 2. Extension of 45 mile per hour speed zone along T.H. 10 to 193rd Avenue. 3. The possibility of a pedestrian overhead crossing on T.H. 169. 4. Extending the length of the yellow lights on T.H. 169 corridor signals. Providing more lighting on T.H. 169 corridor through Elk River, specifically between School Street and Jackson/197th Avenues, but also south to Main Street and north to 197th Avenue. The installation of fencing along the east right-of-way between School Street and Jackson/193rd Avenues. o The possibility of lengthening the green light time for pedestrian movement to cross T.H. 169. Terry Maurer indicated that MnDOT has responded in a November 7, 1996, letter to three of the seven issues which they are reviewing for possible immediate action. MnDOT has indicated that the length of the yellow lights has been increased by a half a second at the intersection of Jackson Avenue and T.H. 169. Ten-y Maurer indicated that MnDOT has stated that the length of the green light crossing T.H. 169 is set correctly and feels that the public should be educated as Elk River City Council Minutes November 18, 1996 Page 3 to the use of the pedestrian cycle crossing lights. Terry Maurer further indicated that MnDOT has indicated that 90 percent of the vohictes are presently traveling faster than the 45 mile per hour speed limit. Terry Maurer indicated that the other issues of concern such as the pedestrian overhead crossing, lighting, signal warning flashers, and fencing will be reviewed at MnDOT's annual safety program. Terry Maurer discussed the possibility of an overpass pedestrian crossing and the effect that ADA requirements would have on the overpass. Terry Maurer reviewed I3ossible locations and costs regarding an overpass. Mayor Duitsman indicated that, at a minimum, the City should consider warning signals, lighting, and fencing. He also asked MnDOT to review the signal timing issue on Highway 10 cs it relates to the train activities. Gary Dirlam of MnDOT indicated that MnDOT has been working together with the City regarding the lis~ of concerns on T.H. 169. Tom Dumont of MnDOT informed the Council that MnDOT is working with the Department of Public Safety to provide education on how to proceed with the "Walk" and "Don't Walk" ir dicator lights. Councilmember Farber indicated that he did not feel the green light was long enough to allow pedestrians to cross Highway 169. He stated that mosl pedestrians take extra time to cross to ensure that oncoming traffic has completely stopped prior to their beginning to cross the highway. Many citizens voiced their concern at the meeting regarding the length of the green light for pedestrian crossing on T.H. 169 being too short. It was the consensus of the Council to have MnDOT meet with staff representatives and representatives from the public to review this situation and determine whether the light needs to be lengthened. Councilmember Scheel indicated she would like to see the speed limit reduced on T.H. 169 from Main Street to 193rd Avenue to 30 miles per hour. She further indicated she would like to see the lights coordinated so that trucks can get through all lights if they hit a green light. Tom Dumont of MnDOT indicated that he did not feel lowering the speed limit to 30 miles per hour would be a viable solution because a majority of the vehicles are already traveling faster than the 45 mile per hour speed limit. Councilmember Scheel fudher suggested placing reduced speed signs along the highway. Comments were made by the public regarding the location and need for fencing along T.H. 169 to prevent pedestrians from crossing the highway at an unsignalized location. Mike Twaddle thanked Senator Ourada and Representative Bruce Anderson, MnDOT officials, and City officials for meeting with the public on these issues. Mr. Twaddle indicated that a fence is necessary and the extended 45 mile per hour speed limit to 193rd Avenue is necessary. He stated it is the City and State's responsibility to create the safest atmosphere to get from one place to the next. Elk River City Council Minutes November 18, 1996 Page 4 He further stated that additional lighting along the corridor is necessary and that a long term solution may De a pedestrian bridge. Kelly Owen shared some of the concerns of parents and children regarding the T.H. 169 issues. She stated that the ma]or concerns were lighting, installation of flashing warning lights and an overpass walkway. Tom Warner stated that he did not feel the length of the green light to allow pedestrian crossing on T.H. 169 is long enough. He further indicated that he sees a need for a pedestrian overpass and fencing. Tom Gilgenbach, 19205 Zane Street, requested the Council consider an overpass along T.H. 169. He stated that traffic lights and reduced speed limits are short term measures. He further spoke about reducing the number of trips that people need to take across the highway. He stated that because there are no parks or trails on the east side of T.H. 169, pedestrians need to cross the highway more often for recreation opportLJnities. Mayor Duitsman thanked MnDOT officials and the public for voicing their concern. Mayor Duitsman indicated that the City Council is concerned about these issues and will continue to work with the public and MnDOT for a solution. Councilmember Scheel thanked the young people for coming and the parents for bringing the young people to see how government works. 5.1. Minnesota Sports Federation Letter of Intent City Administrator Pat Klaers stated that the City has reviewed and found acceptable a Letter of Intent for the Minnesota Sports Federation (MSF) project. He explained that the Letter of Intent proposes that the MSF and the City of Elk River express their intent to mutually explore the feasibility of proceeding with ~,he development of a 59,500 square foot recreational facility. He further explained that the letter does not represent a binding commitment to the City of Elk River. COUNCILMEMBER DIETZ MOVED TO APPROVE THE LEI'I'ER OF INTENT BETWEEN THE CITY OF ELK RIVER AND THE MINNESOTA SPORTS FEDERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Update on Strateqic Planninq Process Director of Economic Development Paul Steinman provided an update to the City Council on the Strategic Planning Process. Paul Steinman explained that the process of the economic development strategic planning began in October, 1996, with a group of approximately 16 citizen participants representing numerous parties involved in economic development in the City of Elk River. He indicated that the group is in the process of discussing goals and major economic issues. Paul Steinman indicated that it is important at this point that the group receive the Council's input as to whether or not they are on the right track. Paul Steinman indicated that the group has identified 26 ma]or economic development issues and are in the process of focusing on the top four of these issues which are: Elk River City Council Minutes November 18, 1996 Page 5 · Industrial Base · Internal Business Retention/Growth · East Highway 10 Development/Redevelopment · Downtown Redevelopment Mayor Duitsman thanked Paul Steinman for the report. 5.3. Utilities Commission Update Councilmember Dietz updated the Council on the November 12m Municipal Utilities Commission meeting. He stated that the Utilities Commission discussed several issues including the watermain installation to the new ice arena, electric rate study, education pclicy, and service territory acquisition. 5.4. Community Recreation Board Update Jeff Asfahl updated the Council on the recent Community Recreation Board meetings. He indicated that the Recreation Board has appointed him to the Ice Arena Commission. Jeff updated the Council on the progress of the Youth Initiatives Program. He indicated that the Community Recreation Board will begin to expand on the strategic planning process by looking at the next five years. Jeff commented that the Community Recreation Board has been discussing the need for a professional development consultant which would be used to weave all existing recreational and park plans together in order to crc= ~re one master plan for the region. He indicc~ted that the funding necessary for this consultant is approximately $15-20,000. Councilmember Scheel indicated that she would like to see orchestra or classical music included in the Community Recreation Board program activities. 5.5. Budgets for the City Enterprise Funds The City Administrator briefly updated the Council on the three enterprise budgets as follows: Garbage Collection Program The 1997 Garbage Collection Program budget is proposed in the amount of $664,000. This is a $31,150 decrease from the adopted 1996 budget. The 1997 budget has decreased due to a decrease in the garbage collection rates. 1997 Liquor Store Operating Budget The 1997 Municipal Liquor Store budget is planned in the amount of $876,200. This is a $393,150 increase from the adopted 1996 budget. A majority of the increase is located in the capital outlay category and will be used for the purchase of land for a future Westbound Liquor store and $25,000 for the refurbishing of the old Northbound store in order to make the facility leaseable to another business. Elk River City Council Minutes November 18, 1996 Page 6 5,6. 5.7. o Wastewater Treatment System The 1997 Wastewater Treatment System budget calls for expenditures in the amount of $1,075,100. This represents a $275,600 increase from the adopted 1996 budget based mainly on additional bond payments for the plant expansion project. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE GARBAGE, LIQUOR, AND WASTEWATER TREATMENT SYSTEM ENTERPRISE BUDGETS AS PRESENTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Ordinance Amendment to Allow for the Licensinq of Cats Police Chief Tom Zerwas distributed a revised ordinance and stated that the proposed animal ordinance relates to dealing with cats at large. He indicated that the animal control officer has made a request to license cats due to an incident involving a child who was bit by a cat with rabies. The Police Chief indicated that the proposed ordinance requires cats to be licensed and to show proof of rabies vaccination. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-28, AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE, "PUBLIC NUISANCES AND ANIMALS", BY REPEALING SECTION 502, "DOGS AND OTHER ANIMALS", AND ENACTING A NEW SECTION 502 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED "DOGS, CATS, AND ANIMALS". COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution Approving Summary Publication of Animal Ordinance The City Clerk indicated that the proposed resolution is a summary of the animal ordinance which was previously adopted by the City Council. She stated that the summary resolution would allow the City to publish a summary of the ordinance rather than publishing the entire ordinance. COUNClLMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-102, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 96-28. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for this item. Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearing Case No. GP 96-2 City Planner Steve Ach stated that Earl and Lorraine Hohlen have issued a closure statement to those residents residing at the Elk Terrace Mobile Home Park. Steve Ach indicated that the City Council is required to hold a public hearing to review the park closure statement. Steve Ach indicated that the purpose of the public hearing is to review the closure statement and any impact that the park closure may have on the displaced residents and the park owner. Steve Ach briefly Elk River City Council Minutes November 18, 1996 Page 7 reviewed the role of the City in the closure process. He indicated that the City Council can consider one of three options: · The Council may hold a public hearing and direct the park owner to follow state statutes to close the park. · The Council may act as a monitoring agent and require the park owner to report back to the Council on the status of compliance. · The Council may participate directly with determining actual relocation costs and any other impacts that may arise with the closing of the park. Steve Ach indicated that if the Council decides to choose the last option, it is the advice of the City Attorney to adopt a City ordinance specifically for park closures which would explain the types of costs and the role the Council would play in the closing of parks. Mayor Duitsman opened the public hearing. John MacGibbon, attorney for Earl and Lorraine Hohlen, spoke to the Council regarding this issue. John MacGibbon indicated that it is the intent of Earl and Lorraine Hohlen to close the Elk Terrace Mobile Home Park as it is inconsisten+ with the commercial zoning of the property. He indicated that the lot occupants rights are governed by state statute. He further stated that the park cannot be closed without 9 months notice to 1he occupants. John MacGibbon indicated that it would be discriminatory against the Hohlens if they were not allowed to change their use of the property. John MacGibbon proceeded to discuss the problems which the occupants are experiencing in relocating. He indicated there is limited availability in the area for existing mobile homes. Steven Johnson, 137 Baldwin, indicated that his mobile home is a 1969 model. He stated that due to the age of the mobile home if cannot be moved because it will fall apart. Steven Johnson suggested compensation for older mobile homes that cannot be moved. Michael Daiker, 114 East Service Drive, indicated that he moved into the mobile home park on August 1 and received a notice that the park was closing on August 10. Mr. Daiker indicated that this was unfair and that he should have been informed by Mr. Hohlen before he was able to move into the park. Cory Altman, 203 Baldwin Avenue, stated that he purchased a 1995 trailer, moved into the park in July, 1995, and received notice to move 11 months later. Mr. Altman indicated his concern that other mobile home parks would not accept his 1995 model trailer. Dave Weber, 112 Baldwin Avenue, indicated that he moved into the mobile home park in July and received notice of closure in August. He indicated that he did not feel the residents should be responsible for moving costs. Duane Lundeen, 3 - 2nd Street NW, indicated that he does not have any place to move his mobile home. He further indicated that he is unhappy with the Elk River City Council Minutes November 18, 1996 Page 8 proposed mover and further requested that the Council see that all is done properly during the park closure Process. Anita Daiker, indicated that she signed a statement which was issued to her by Earl Hohlen indicating that in the event the park is sold, she will be relocated to another site nearby. Brian Doering, 115 Baldwin, stated that he owns a 1983 mobile home. He further indicated that he has checked with other mobile home parks and has found that they will not accept his home because of its age. He indicated he felt that the Hohlen's should buy him out. Jackie Force, 141 Baldwin, indicated she was told by the Hohlen's that when the residents would be required to move, that they would be moved free of charge. She indicated that the people should receive a fair price on their homes from the Hoh[ens..She further indicated that she will lose her job if she has to move. Gerald Wells, 238 East Service Drive, indicated he has lived in the Hohlen mobile home park for 25 years. He indicated that when he received notice that the park would be closing he put his mobile home up for sale, but it has not sold. He stated he wants to stay in Sherburne County and indicated that this may be impossible due to the fact that there are no mobile home parks willing to accept his home. Heather Bergman, 203 Baldwin Avenue, indicated that she owns a 95 model trailer and has found that other trailer parks will not accept her trailer. Juanita Thompson, 132 Baldwin Avenue, stated she moved into the park in January..She further indicated that she was told that a new park would be built and that the existing trailers would be moved to the new park free of charge. .She indicated she wants to be compensated for her trailer. She further indicated that compensation should include moving expenses. Cory Thompson indicated that he has been putting money into his mobile home for improvements since he moved into the home in January. Barb King, 262 East Service Drive, questioned when the residents would find out if they were going to be compensated for their trailers..She indicated that the residents need to know this information so that they can move on with their lives. Joe Frank, 154 East Service Drive, indicated he moved into the park one year ago. He further stated that there is no place to put his existing mobile home and stated that he wants to be compensated. The City Council discussed the issues at hand regarding the closing of the mobile home park. The City Council also discussed the concerns of the residents of the mobile home park. It was the consensus of the Council that the residents firs'~ try negotiating with Mr. Hohlen and his Attorney John MacGibbon try to come to a resolution to some of these problems prior to the Council becoming involved. It was further the Council consensus to continue the public hearing in order to determine whether a resolution has been made and if the Council should become further involved. Elk River City Council Minutes November 18, 1996 Page 9 COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JANUARY 21, 1997, AT 6:00 P.M., TO CONTINUE THE PUBLIC HEARING FOR THE ELK PARK TERRACE MOBILE HOME PARK CLOSURE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 9:45 p.m. and reconvened at 9:50 p.m. 7.2. Shiely Company Request for Conditional Use Permit for Ready Mix Plant, Public Hearin.q Case No. CU 96-24 Building and Zoning Administrator Steve Rohlf indicated that the Shiely Company is proposing to construct a temporary ready mix plant on property zoned I-2. Steve Rohlf reviewed staff report on this issue. He stated that the Planning Commission felt that the proposed ready mix plant met the seven standards set forth in Section 900.42 of the City Code of Ordinances by which a conditional use permit is requested. He indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated his concern regarding dust and questioned what type of surface would be used to control dust around the plant. It was indicated that Class 5 would be used. COUNCILMEMBER SCHEEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR CONCRETE PRODUCT PROCESSING (READY MIX PLANT) CONTINGENT UPON THE CONDITIONS LISTED IN THE CONDITIONAL USE PERMIT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRI~-D 4-0-1. Councilmember Dietz abstained due to his place of employment. Councilmember Farber indicated he woulcl like to ensure that all of the conditions stated in the conditional use permit are completed in a timely manner. Bob Bieraugel of Shiely Companies stated that the improvements would be completed in the spring of 1997. 7.3/7.4 DJ's Total Home Care Center Request for Variance and Conditional Use Permit, Public Hearinq Case No. V 96-9 and CU 96-12 COUNCILMEMBER HOLMGREN MOVED TO POSTPONE THESE ITEMS UNTIL DECEMBER 16, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. City of Elk River Request for Ordinance Amendment to Allow Motor Vehicle Service Stations in the C4 District, Public Hearin.q Case No. aA 96-14 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to amend the zoning code to allow the retail sale of gasoline as a conditional use in the C4, Neighborhood Commercial zoning district and to eliminate motor vehicle specialty service stations as a conditional use in the C4 district. Scott Harlicker indicated that the proposed amendment would make it possible for Elk River City Council Minutes November 18, 1996 7.6. 7.7. Page 10 convenience stores to sell gasoline and not be classified as a motor vehicle service station. Scott Harlicker indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-27, AN ORDINANCE AMENDING SECTION 900.18 OF THE CITY OF ELK RIVER CODE OF ORDINANCES SCHEDULE OF DIMENSIONAL REGULATIONS, CASE NO. OA 96-14, TO AMEND THE C4 NEIGHBORHOOD COMMERCIAL DISTRICT TO ADD THE RETAIL SALE OF GASOLINE AS A CONDITIONAL USE AND ELIMINATE MOTOR VEHICLE SPECIALTY SERVICE STATIONS AS A CONDITIONAL USE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. City of Elk River Request for Zone Change, Industrial Hardfacin.q and Georqe Deschenes Property, Public Hearin.q Case No. ZC 96-18 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to rezone property owned by George Deschenes and Industrial Hardfacing from R lc, Single Family Residential, to I-1, Light Industrial. Scott Harlicker stated that the rezoning is being requested to bring the zoning of the property into conformance with the Comprehensive Plan. Mayor Duitsman opened the public hearing. Ken Morey, Industrial Hardfacing, indicated that he concurred with staff recommendations regarding the zone change request. There being no further comments, Mayor Duitsman closed the public hearing. Scott Harlicker indicated that the Planning Commission recommended approval of the zone change. COUNCILMEMBER SCHEEL MOVED TO ADOPT ORDINANCE 96-30, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C, SINGLE FAMILY RESIDENTIAL TO LI, LIGHT INDUSTRIAL, CASE NO. ZC 96- 18. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED ,5-0. City of Elk River Request for Ordinance Amendment Reclardin.q Definitions for Commercial and Private Kennels, Public Hearing Case No. OA 96-13 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to amend Section 900.08 and 900.12 relating to definitions for commercial and private kennels and to include them as an allowed use in the A-1 and Rla districts. Mayor Duitsman opened the public hearing. Stoeffel Reitsma, indicated that he presently holds a kennel license and questioned why he did not receive notice regarding this public hearing. He further indicated that because he breeds dogs and sells them, according to the Elk River City Council Minutes November 18, 1996 Page 11 new ordinance he would need a commercial kennel license. He indicated that he did not feel his business was a commercial business. Discussion was held by the Council regarding the definition of o commercial kennel. It was the consensus of the Council to authorize staff to submit the animal ordinance to those individuals who presently hold a kennel license. The Council further authorized staff to contact the City Attorney to revisit the definition of commercial kennel. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-31, AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO DEFINITIONS AND CONDITIONAL USED IN THE A-1 AND R-1 ZONING DISTRICTS AND TO AUTHORIZE STAFF TO SEND OUT NOTICES TO KENNEL LICENSE HOLDERS AND TO REVISIT THE DEFINITION OF COMMERCIAL KENNEL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Consider Resolution Establishinq Moratorium for Class I Restaurants City Planner Steve Ach stated that the City Council recently initiated an ordinance amendment to review the merits of including Class I restaurants as a conditional use permit in the highway commercial zoning district. He indicated that the resolution before the City Council would defer development of a Class I restaurant until the Planning Commission and City Council review the proposed ordinance amendment allowing Class I restaurants as a conditional use in the C3 zoning district. Coun¢ilmember Farber indicated his concern regarding the possibility of preventing or delaying a Class I restaurant from locating in the City of Elk River because of the proposed moratorium. City Planner Steve Ach indicated that a Class I restaurant would still be able to make application in the City of Elk River and further indicated that this process will not pose any time constraints on a restaurant who would be making application to locate in the City. COUNClLMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-103, A RESOLUTION DIRECTING THAT NO PERMITS OR APPROVALS BE GRANTED FOR CLASS I RESTAURANTS IN C3 HIGHWAY COMMERCIAL DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Review Lowell Street Feasibility Study, Order Public Hearinq, and Review Project Timetable City Engineer Terry Maurer reviewed the feasibility study for proposed improvements to Lowell Avenue between Main Street and T.H. 10. He indicated that the proposed improvements consist of reconstructing Lowell Avenue to a 40 foot wide street with concrete curb and gutter in accordance with MnDOT design criteria for two travel lanes with two parking lanes. Terry Maurer stated that the estimated cost of the project is $76,800. He indicated that based on the City's assessment policy of assessing $38 per foot, it is antici3ated that Elk River City Council Minutes November 18, 1996 Page 12 approximately 40 percent will be assessed to the abutting four properties. He stated that the remaining 60 percent would De funded by the City. Councilmember Dietz indicated his concern that the property owners are paying only 40 percent of the improvement. The City Engineer indicated that the assessment is based on $38 per front foot which is in accordance to the City's existing assessment policy. He stated that due to rising costs, the percentage that the City pays has increased. He further indicated that as in the past, the City will be reviewing its assessment policy at the beginning of the year. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-104, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON DECEMBER 16, 1996, IN THE MA'ri'ER OF LOWELL AVENUE IMPROVEMENT OF 1976. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Update on Status of Street and Development Projects COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ITEM TO A LATER DATE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. Motion To Call Executive Session of the City Council COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL EXECUTIVE SESSION OF THE CITY COUNCIL TO REVIEW THE ELK RIVER POLICE UNION CONTRACT FOR 1977-1798 ON NOVEMBER 25, 19'96, AT 5:30 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE CITY COUNCIL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 10:35 p.m. Respectfully submitted, City Clerk