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04-21-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 21, 2003 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat K2aers, Director of Planning MJchele McPherson, Senior Planner Scott HarIicker, City Engineer Terry Maurer, City Attorney Peter Beck, Street/Park Superintendent Phil Hals, Building and Environmental Administrator Steve Rohlf, and Recording Secretary Tina Allard Also Present: Planning Commissioner Mark Pederson Park and Recreation Commissioners ArthurJackett and Jim Nystrom 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor IGJnzing. 2. Consider 4/21/2003 Agenda Building and Environmental Administrator Steve Rohlf stated that he had an announcement to make after Agenda Item 4.1. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 4/14/03 CITY COUNCIL MINUTES 4/14/03 EXECUTIVE SESSION MINUTES GENERAL PI. ANNING PERMIT FOR CUB FOODS WITH THE FOLLOWING CONDITIONS: · IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. · THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. · THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. · THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD City Council Minutes April 21, 2003 3.3. 3.4. 3,5, 3.6. 3. Z 3,80 Page 2 AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION GENERAL PLANNING PERMIT FOR FURNITURE AND THINGS WITH THE FOLLOWING CONDITIONS: · THE TENT AND THE AREA AROUND THE TENT BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. · THE LOCATION OF THE TENT BE CONSISTENT WITH THE SUBMITTED SITE PLAN. · THE TENT BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. REQUEST BY THE CITY OF ELK RIVER FOR REZONING OF CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO R1C (SINGLE FAMILY RESIDENTIAL), PUBLIC HEARING-CASE NO. ZC 03-O-POSTPONED TO 6/16/03 REQUEST BY JAMES AND STEPHANIE ZACZKOWSKI FOR PRELIMINARY PLAT APPROVAL (KINGDOM ESTATES), PUBLIC HEARING-CASE' NO. P 03-2-POSTPONED TO .5/19/03 REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT, AMENDING CHAPTER 30, "LAND DEVELOPMENT REGULATIONS", TO ESTABLISH A DOWNTOWN DEVELOPMENT DISTRICT AND STANDARDS THEREFORE, PUBLIC HEARING- CASE NO. OA 03-O1-POSTPONED TO 5/19/03 REQUEST BY NATE/DEBBIE HILDENBRAND FOR ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING-CASE NO. AS 03-O1-POSTPONED TO 5/19/03 ACCEPT RESIGNATION FROM SHARI PETERSON (POLICE DEPT. OFFICE STAFF)-AUTHORIZATION TO ADVERTISE FOR VACANT POSITION COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Review Procedures and Policies Regarding Complaints and Ordinance Violations City Administrator Pat ICdaers stated that since the RC Ko[loft situation in the summer of 2002, staff has been meeting to solidify procedures and policies on how the city could better address complaints. He stated that complaint tracking software would be beneficial in assisting the city in maintaining records of complaint follow-up. Building and Environmental Administrator Steve Rohlf reviewed the procedures for handling complaints and code violations. Councilmember Kuester stated that the list detailing who has responsibility for the different types of complaints/violations is confusing and somewhat vague. Councilmember Dietz questioned who would be responsible for complaint/violation follow-up; the front desk or the department head. Mr. Rohlf stated that the front desk receptionist would need to be trained on how to determine whether complaints/violations are considered urgent and need to be handled City Council Minutes Page 3 April 21, 2003 immediately. Mr. Rohlf stated that if a complaint is directed to the wrong staff person that staff person is still responsible for making sure the complaint is forwarded to the appropriate person for follow-up. COUNCILMEMBER TVEITE MOVED TO ADOPT THE POLICIES AND PROCEDURES OUTLINED IN THE STAFF REPORT REGARDING COMPLAINTS AND ORDINANCE VIOLATIONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. 4.3. 4.4. Mr. Rohlf stated that the Heritage Preservation Commission received an archeology grant for $8,000 with the requirement that the city match the grant request. He stated that the grant funds would be used to sponsor archeological digs in certain areas of Elk River. YMCA Committee Update - Mayor IClinzing Mayor IClinzing provided an update of YMCA activities. She stated that the YMCA is still moving forward with their plans to build a facility in Elk River and is currently working on fundraising efforts. Consider Cleaning Contract for Police Department Street/Park Superintendent Phil Hals stated that Chris Zerwas has been cleaning the police department but will be retiring in April. He stated that cleaning contractor (Toni Karpe) would take over the police department cleaning for a two month period at the same compensation that Ms. Zerwas received. It was the consensus of the City Council to authorize Ms. Karpe to clean the Police Station and to have Mr. Hals continue negotiating contract terms with Ms. Karpe as the police and city offices will be relocating in June. Discuss March 31, 2003 Annual Reports Presentation City Administrator Pat K1aers indicated that staff would like feedback on how the Annual Report presentation went at the March 31, 2003 Council meeting. Councilmember Motin stated that the Annual Report meeting could be scheduled at an earl/er timeframe so that the meeting does not have to go late into the evening. Councilmember Dietz stated that he enjoyed the format and liked the interaction with department heads. He stated that a copy of the video tape could be sent with Council packets for review and then the video could be dubbed in either before or after the City Council meeting for public view. Councilmember Tveite concurred with Councilmember Diem. He stated that he liked the way the departments were grouped and he liked the format of the meeting. He stated that he didn't see any way to shorten the timeframe. Councilmember Tveite stated that he 1/ked the goals discussion but would also like to see a timeframe for completion of goals. City Council Minutes Page 4 April 21, 2003 Councilmember Kuester stated that she liked the presentation format. She thought the timeframe that it took for the presentations was fine. She stated that she liked the departments discussing their goals for the next year. Mayor Kflinzing concurred with the Councilmembers. 5. Open Mike Nate and Debbie Hildenbrand stated that they believed there was to be a Public Hearing for their Administrative Subdivision request (Item 3.7.) at this meeting. The Hildenbrands believed they submitted everything requested by staff. They questioned why their request had been postponed to May 19, 2003. Director of Planning Michele McPherson stated that the Hildenbrand's were informed that their application was incomplete. Mayor Kdinzing suggested that the Subdivision request be moved to May 12, 2003. Councilmember Motin stated that he is concerned about setting a precedent by allowing planning items to be moved to non-planning dates and therefore opening the city up for possible lawsuits. City Attorney Peter Beck stated that in the recent Tollefson case, the Judge did state that the City Council could vary from its normal procedure. He indicated that Council could make the exception of changing a planning item to a non-planning date if the situation was warranted. He indicated that the city would not want to change the date unless there were unusual circumstances. Councilmember Kuester state that this case was different and does meet the exception rule. MAYOR KLINZING MOVED TO RECONSIDER THE POSTPONEMENT (TO MAY 19, 2003) OF ITEM 3.7., REQUEST BY NATE/DEBBIE HILDENBRAND FOR ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING-CASE NO. AS 03- 01; RESCHEDULED THE HEARING DATE TO MAY 12, 2003, WITH THE FOLLOWING FINDINGS: 1. AN ADMINISTRATIVE SUBDIVISION IS DIFFERENT THAN A LAND/ZONING CHANGE; 2. THE PUBLIC IS NOT OPPOSED TO THE ADMINISTRATIVE SUBDIVISION; AND THE APPLICANT MUST HAVE ALL APPLICATION MATERIALS SUBMITTED BY MONDAY, APRIL 28, 2003. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4ol. Councilmember Motin opposed. 6.1. Request by Lisa Shields-Ergen to Amend the Elk River Plaza PUD to allow a Montessori School as a Conditional Use, Public Hearing - Case No. CU 03-04 Staff report submitted by Planner Chris Leeseberg with Senior Planner Scott Harlicker presenting. Mr. Harlicker stated that the applicant is requesting an amendment to the Elk River Plaza PUD to allow a Montessori school as a conditional use within the PUD. He City Council Minutes Page 5 April 21, 2003 discussed parking, traffic circulation, hours of operation, and the Planning Commission actiol'l. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor IClinzing closed the public hearing. Councilmember Kuester questioned parking and traffic concerns. Lisa Shields-Ergen, Co-owner of the Montessori School - Stated that drop off and pick up times at the school are staggered in order for the school to maintain their 10:1 teacher to student ratio. She stated that employees would be parking in the rear of the building. Councilmember Motto stated concerns with traffic flow around the building. COUNCILMEMBER KUESTER MOVED TO APPROVE THE REQUEST FOR AN AMENDMENT TO THE ELK RIVER PLAZA PUD FOR A MONTESSORI SCHOOL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Russell and Ron Kostreba for a Conditional Use Permit for a Mini-Storage Facility. in the Cascade Industrial Park, Public Heating - Case No. CU 03-05 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a conditional use permit for a mini storage facility. He discussed the number and size of structures to be built, parking, circulation, security, landscaping, signage, and the Planning Commission action. Mr. Harlicker also discussed concerns regarding the storage of fuel in vehicles and other equipment. Mayor Klinzing opened the public hearing. Russell Kostreba, co-owner of the mini-storage company - Stated the building elevations shown by Mr. Harlicker are different from the current elevations due to changes requested by staff. There will not be doors in the ends of the buildings facing Jarvis Street. He stated that he has cost concerns if the roof must be changed to a different color. Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A MINI STORAGE FACILITY TO RUSSEL AND RYAN KOSTREBA WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. ALL DRIVE AISLES BE SIGNED ONE-WAY. 3. THE PAK LIGHTING ON THE ENDS OF THE BUILDING SHALL NOT SHINE ONTO ADJACENT PROPERTIES. 4. THE LOCATION OF THE FREESTANDING SIGN SHALL BE SHOWN ON THE SITE PLAN. City Council Minutes Page 6 April 21, 2003 5. BITUMINOUS CURB SHALL BE INCLUDED AROUND THE PAVED AREAS THAT DO NOT HAVE CONCRETE CURB/GUTTER. A STREET LIGHT SHALL BE INSTALLED ALONG JARVIS STREET ON THE SOUTH SIDE OF THE ENTRANCE PER THE POLICE DEPARTMENT RECOMMENDATION. PARKING SPACES FOR THE WALK UP UNITS SHALL BE SHOWN ON THE SITE PLAN. THEY SHALL BE LOCATED ADJACENT TO THE ENDS OF THE BUILDINGS. A MINIMUM OF TWO SPACES AT EACH END SHALL BE PROVIDED. 8. NO OUTDOOR STORAGE IS ALLOWED. 9. STORAGE OF HAZARDOUS OR FLAMMABLE MATERIAL IS PROHIBITED. 10. NO ACTMTIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING OF GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE CONDUCTED FROM THE SITE. 11. NO ELECTRICAL SERVICE SHALL BE PROVIDED FOR TENANTS. 12. NO PARKING SIGNS SHALL BE INSTALLED AT APPROPRIATE LOCATIONS. 13. THE HOURS THAT THE FACILITY CAN BE OPEN SHALL BE LIMITED TO 6AM TO 10PM. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by John Oliver & Assoc. (Henry Hoefer Property.), for A Registered Land Survey for Lot 8, Block 2, Fox Haven, Pubhc Hearing - Case No. P 03-01 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting a Registered Land Survey for Lot 8, Block 2 of Fox Haven in order to provide a correction to a lot line. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. Lynn Caswell, 580 Dodge Street - Stated that court ordered judicial markers were required on an adjacent property but were installed at the incorrect locations and now the adjacent Torrens property requires a Registered Land Survey. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-25 GRANTING FINAL PLAT APPROVAL FOR LOT 8, BLOCK 2 FOX HAVEN, CASE NO. P 03-01. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 7 April 21, 2003 6.4. Request by Phoenix Enterprises for Final Plat Approval (Hillside Estates 9th Addition), Case No. P 03-03 Staff report submitted by Senior Planner Scott Harlicker. Mr. HarLicker stated that the applicant is requesting final plat approval for Hillside Estates 9th Addition. He gave an overview of the plat and discussed park dedication fees. Councilmember Motin stated that the Hillside Plat, as a whole, is not good due to the high density. He stated that the park location under the power lines is inadequate due to health and safety concerns. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-26 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 9Tx-I ADDITION, CASE NO. P 03-03 WITH THE FOLLOWING CONDITIONS: 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. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o 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. City Council Minutes April 21, 2003 Page 8 10. 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. 11. 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. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. 13. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF WETLANDS. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAINS 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. 14. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK AS PART OF THE PLAT IMPROVEMENTS AND CONSTRUCTED TO CITY STANDARDS. 15. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY ORDINANCE. City Council Minutes Page 9 April 21, 2003 16. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITIES TO GRADE IN THE POWER LINE EASEMENTS. 17. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT. 18. THE FOLLOWING CONDITIONS OF THE PARK AND RECREATION COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL: · THAT LOT 1, BLOCK 5, BE INCORPORATED INTO THE PARK. THAT A PAVED TRAIL BE CONSTRUCTED IN THE POWER LINE CORRIDOR AS FAR AS 196x" LANE THAT HAS A MAXIMUM GRADE OF 8% AND SIDE SLOPES NO GREATER THAN 3:1. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST. · THAT NO WETLANDS OR STORM PONDS BE ACCEPTED AS PART OF THE PARK DEDICATION. THAT IMPROVEMENTS TO LAND DEDICATED FOR PARK, TRAIL AND PUBLIC OPEN SPACE PURPOSES INCLUDE, BUT NOT LIMITED TO, FINISH GRADING, GROUND COVER, CONSTRUCTION OF TRAILS AND CLEARLY IDENTIFYING PARK AND TRAIL BOUNDARIES WITH CITY APPROVED MARKERS. THAT IN ADDITION TO THE LAND DEDICATED FOR PARK, THE DEVELOPER PAY IN CASH THE REMAINDER OF THE REQUIRED PARK DEDICATION. · PARK BOUNDARY MARKERS BE INSTALLED, CLEARLY STATING PARK DEVELOPMENT INFORMATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Motin opposed. Councilmember Motin stated that any structures built in parks under power lines should be placed at least 100 feet away from the power Lines. COUNCILMEMBER MOTIN MOVED TO HAVE THE PARK PLANS FOR OUTLOT C BROUGHT FORTH TO THE CITY COUNCIL ONCE THEY HAVE BEEN APPROVED BY THE PARK AND RECREATION COMMISSION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0 City Council Minutes Page 10 April 21, 2003 Mayor Klmzing directed staff to distribute the articles (that Councilmember Mofin distributed at a previous meeting) regarding health and safety concerns under power lines to the Park and Recreation Commission. 6.5. Request by John Oliver & Associates (Sportech) to Vacate a Drainage Easement lying within Lot 1, Block 1, Ar-Mon Commerdal Park, Public Heating- Case No. E~/ 03-01 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the applicant is requesting an easement vacation to vacate a portion of a drainage and utility easement on Lot 1, Block 1, Ar-Mon Commercial Park for the purpose of allowing the construction of a new Sportech manufacturing facility. Mayor Klinzing opened the public hearing. There being no one to speak to this issue Mayor Iadinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-27 VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 03-01. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by Roger Rennet to Vacate Drainage and Utility Easement, Lots 8 & 9, Block 1, R.R. Industrial Park, Public Hearing- Case No. E[/03-0_9 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting to vacate drainage and utility easements along the common property line between Lots 8 and 9, Block 1, RR Industrial Park for the purpose of constructing a plumbing business. Mayor Iadinzing opened the public hearing. There being no one to speak to this issue, Mayor Iadinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-28 VACATING DRAINAGE AND UTILITY EASEMENTS CASE NO. EV 03-02. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Approve Land Use Application Submittal Requirements Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the Planning Commission has been in the process of reviewing the Land Use Application Submittal Requirements. Ms. McPherson gave a brief overview of the changes requested by the Planning Commission. Councilmember Kuester stated that communication needs to be clearer between staff and applicants. Mayor Klinzing stated that she is concerned with the timing deadlines for the wetland delineations to be reviewed by the Technical Evaluation Panel (TEP). She stated that the TEP should complete their review prior to a plat going to the Planning Commission. Ms. McPherson stated that she would work with the Building and Environmental Administrator to adjust the schedule of the TEP. City Council Minutes Page 11 April 21, 2003 COUNClLMEMBER KUESTER MOVED TO APPROVE THE LAND USE APPLICATION SUBMITTAL REQUIREMENTS NOTED IN MS. MCPHERSON'S STAFF REPORT TO BE IMPLEMENTED APRIL 28, 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Consider Resolution to Determine the Assessed Cost and Order the Preparation of the Assessment Roll for the 2003 Pavement Rehabilitation Project Staff report submitted by City Engineer Terry Maurer. Mr. Maurer stated that staff is requesting authorization to order the preparation of the assessment roll and to set the date of the assessment public hearing for Monday, May 12, 2003 for the 2003 Pavement Rehabilitation project. It was the consensus of the Council that May 12 2003, was an acceptable date for the assessment hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-29 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Public Improvement Project Status Report City Engineer Terry Maurer gave an update on the following projects: Cit_v Projects · 175th Avenue · Zane Street · Waco Street/TH 10 Signal · Watermain to City Garage · Orono Parkway · Boston/Concord Street · 2003 Pavement Rehabilitation · TH 10/Main Street Intersection Private Projects and Ptfvate Developments for 2003 Sherburne Coun~ Projects · County Road 40 · County Road 44 · CSAH 1 · County Road 33/County Road 77 Realignment Miscellaneous Projects · TH 169/County Road 22 Interchange · GIS Mapping Mr. Maurer stated that Sherbume County will receive TEA 21 funds in 2004 for the realignment of County Road 40 but that the county requires the city to fund and acquire additional right-of-way. He stated that the city would need to acquire appro,,dmately 21 acres City Council Minutes Page 12 April 21, 2003 of land. He stated that traffic levels on this road are low and acquiring this amount of land from property owners would be costly. Discussion was held regarding whether there were any other options for using these funds. It was the consensus of the Council that this project is not economically feasible for the city even if this means that the TEA 21 funds are turned back to the federal government. The Council requested staff to schedule a meeting with the Sherburne County Board of Commissioners. 7. Other Business There was no Other Business. 8.1 Updates on State Legislative Session, City Budget, and Public Safety/City Hall Project City Administrator Pat Klaers gave updates on the state Legislative session, the city budget, and the Public Safety/City Hall construction project. Regarding the city budget and proposed cuts in state aids, Mr. I~aers reviewed his memo and stated that the Governor's proposed cuts in 2003 could be addressed without a major impact in services provided that some reserves were used along with some cuts in expenditures and adjustments in personal services. The city will have a bigger challenge in 2004 if the Governor's proposed cuts are approved, as these state aids cuts are twice as much as what is proposed for 2003. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE CLOSING OF CITY HALL TO THE PUBLIC ON JUNE 13, 2003, IN ORDER FOR STAFF TO MOVE INTO THEIR TEMPORARY FACILITY IN THE UTILITIES ADDITION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Klaers noted that the EDA received a $200,000 grant for the Sportech expansion project. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:40 p.m. Tina Allard Recording Secretary