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City Council Minutes October 18, 1999 Page 21 e City Attorney Peter Beck stated that a clause will be required in the agreement between the city and the homeowner's association that if the homeowners association fails, the city will take the necessary action to insure the open space is taken care of. If the developer refuses to agree, clustering will not be allowed. Mayor Klinzing stated her concern that most homeowner's associations fail and supported language in the agreements to allow the city to step in and take control of the open space. COUNCILMEMBER DIETZ MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER FOR ORDINANCE NO. 99-_, TO PERMIT SINGLE FAMILY RESIDENTIAL CLUSTERING IN THE R1 A AND A 1 ZONING DISTRICTS WITH CLUSTERING REGULATIONS TO THE NOVEMBER 15, 1999, CITY COUNCIL MEETING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.14. Request by City of Elk River for Ordinance Amendment to allow liquor stores sellina packaaed aoods as a conditional use in the C3, Hiahway Commercial District. Ordinance No. 99- ,Public Hearina Case No. OA 99-15 Staff report by Michele McPherson. The City of Elk River requests that the C3, Highway Commercial District be amended to allow off-sale liquor stores as a conditional use. The councilmembers were in agreement that this issue should be considered at the November 15, 1999, council meeting. e Mayor Klinzing opened the public hearing. There being no public comment. Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER TO APPROVE ORDINANCE NO. 99-_, AN ORDINANCE INCLUDE OFF SALE LIQUOR STORES AS CONDITIONAL USES IN THE C-3, HIGHWAY COMMERCIAL DISTRICT, TO THE NOVEMBER 15, 1999, CITY COUNCIL MEETING. MAYOR KLINZING SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Staff Updates 8.1. City Engineer Update on Improvement Proiects City Engineer Terry Maurer explained that the county has agreed to install stop signs at the intersection of County Road No. 1 and County Road No. 77 (Proctor), until signalization of the intersection is completed. The city is asked to participate in the cost of the signals (25 percent) and provide ongoing maintenance. Maintenance will include lamping, providing electrical service and painting the posts and armatures, as necessary. COUNCILMEMBER THOMPSON MOVED TO SUPPORT SIGNALIZATION OF THE INTERSECTION OF COUNTY ROAD NO.1 AND COUNTY ROAD NO. 77 (PROCTOR), TO SHARE IN THE COST OF INSTALLATION (25 PERCENT), AND TO ENTER INTO AN AGREEMENT FOR MAINTENANCE OF THE SIGNALS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. e