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09-18-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 18, 1995 Members Present: Mayor Duitsman. Councilmembers Dietz, Scheel. and Holmgren Members Absent: Councilmember Farber Staff Present: Sandra Thackeray, City Clerk; Lori Johnson, Assistant City Administrator; Steve Rohlf, Building/Zoning Administrator; Steve Ach. City Planner; Gary Schmitz, Planning Assistant; Terry Maurer. City Engineer; Peter Beck, City Attorney Also Present: Chris Kreger, Planning Commission Representative 1. Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider September 18. 1995, City Council Aaenda e The following items were added to the agenda: 4.5. City A ttorney Update on Legal Services 12.1. Sign Change on Rush Avenue 12.2. Consider Hiring Part Time Worker for Street Department COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SEPTEMBER 18, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: e 4. SEPTEMBER 5, 1995, CITY COUNCIL MINUTES -- APPROVED 5.100. PAY ESTIMATE #7 TO BARBAROSSA AND SONS, INC., IN THE AMOUNT OF $100,981.77 FOR THE WESTERN AREA PHASE II IMPROVEMENT PROJECT .. APPROVED 5.10b. PAY ESTIMATE #1 IN THE AMOUNT OF $58.764.77 TO FOREST LAKE CONTRACTING, INC.. FOR INTERSECTION IMPROVEMENTS AT DODGE STREET AND ELK HillS DRIVE -- APPROVED 5.10c. PAY ESTIMATE #2 TO BARBAROSSA AND SONS INC., fOR WORK COMPLETED ON THE MAIN STREET AND EVANS AVENUE STORM SEWER IMPROVEMENTS IN THE AMOUNT OF $182,648.81 .. APPROVED Elk River City Council Minutes September 18, 1995 Page 2 e 5.10d. PAY ESTIMATE #6 TO LATOUR CONSTRUCTION, INC., IN THE AMOUNT OF $11.727 FOR WORK COMPLETED ON THE HIGHWAY 10 LIFT STATION IMPROVEMENTS ~~ APPROVED. 5.11. ADOPTION OF PROCLAMATION PROCLAIMING MANUFACTURER'S WEEK IN ELK RIVER, MINNESOTA OCTOBER 16~20, 1995.. APPROVED 5.12. PURCHASE OF FOUR 1996 FORD CROWN VICTORIA POLICE VEHICLES FROM ELK RIVER FORD IN THE AMOUNT OF $18,978 PER VEHICLE PLUS THE PURCHASE OF AN EXTENDED WARRANTY FOR EACH VEHICLE AT $1.130 PER VEHICLE.. APPROVED. 7.11. CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT MR TO HB, LUA 95- 6, .. CONTINUED TO THE OCTOBER 16,1995, CITY COUNCIL MEETING. 7.12. CITY OF ELK RIVER REQUEST FOR ZONE CHANGE R1C TO C3, ZC 95-6 .. CONTINUED TO OCTOBER 16, 1995, CITY COUNCIL MEETING. 7.13. CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL, P 95-4 .. CONTINUED TO THE OCTOBER 16, 1995, CITY COUNCIL MEETING. 10. CHECK REGISTER.. APPROVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4~ O. 4.5. Update bv City A ttornev Peter Beck e City Attorney Peter Beck informed the City Council that he has resigned from the law firm of Larkin, Hoffman, Daly & Lindgren, Ltd., and has joined the law firm of Doherty, Rumble & Butler. Peter Beck requested that the City Council consider retaining the Doherty, Rumble & Butler law firm with himself as the city's attorney. COUNCILMEMBER HOLMGREN MOVED TO TERMINATE THE SERVICES OF LARKIN, HOFFMAN, DALY & LINDGREN, LTD., WITH THE EXCEPTION OF THE FILE CONTAINING THE POLICE UNION ARBITRATION MATTER AND THE fiLE CONTAINING THE EARL HOHLEN LITIGATION. COUNCILMEMBERDIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO RETAIN THE SERVICES OF DOHERTY, RUMBLE & BUTLER UNDER THE SAME TERMS AS THE CITY PRESENTLY OPERATES WITH THE LAW FIRM OF LARKIN, HOFFMAN, DALY & LINDGREN, LTD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1. Discl)ssion and Approval of Insurance Assistant City Administrator Lori Johnson reviewed the staff memo pertaining to the city's worker's compensation, property, liability, boiler and machinery, and other insurance policies. She indicated that these policies are subject to renewal on October 1. 1995. Lori Johnson indicated that the city requested quotes from all carriers writing municipal coverage and indicated that the League of Minnesota Cities Insurance Trust (LMCIT) quoted the broadest coverage at the lowest rate. Dan Greene, city insurance agent. reviewed the quote submitted by the LMCIT. e The Council reviewed the worker's compensation deductible. Lori Johnson stated that the current per occurrence deductible is $2,500. She indicated that Elk River City Council Minutes September 18, 1995 Page 3 e most of the city's claims are around or less than $1,000. She further stated that increasing the deductible would result in an additional premium reduction. The City Council discussed the managed care option, the benefits of the program, and the fact that the city would receive a 5 percent rate reduction if the worker's compensation insurance included the managed care option. It was the consensus of the Council to authorize the Assistant City Administrator to interview the providers for the managed care option. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE WORKER'S COMPENSATION COVERAGE WITH THE LEAGUE OF MINNESOTA CITIES AND DIRECTED STAFF TO INTERVIEW PROVIDERS FOR THE MANAGED CARE OPTION AND TO BRING THE ISSUE BACK TO THE COUNCIL fOR A DECISION ON THE PROVIDER AT A LATER DATE AND TO HAVE THE DEDUCTIBLE PER OCCURRENCE FOR WORKER'S COMPENSATION AT $5,000. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE INSURANCE PACKAGE AS PRESENTED BY THE CITY'S INSURANCE AGENT DAN GREENE OF FIRST NATIONAL INSURANCE AGENCY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Consider Adoption of Grievance Procedure to Conform to American's with Disabilities Act (ADA) e The City Clerk indicated that the city is required to adopt a grievance procedure and a request for accommodation procedure according to the ADA. She indicated that the grievance procedure is a tool to be used by individuals who wish to file a complaint of discrimination in relation to disability. She further indicated that the request for accommodation procedure allows individuals with disabilities to request certain accommodations. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE GRIEVANCE PROCEDURE AND REQUEST FOR ACCOMMODATION PROCEDURE AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Ordinance Amendment Relatina to Glue Sniffinq COUNCILMEMBERDIETZ MOVED TO ADOPT ORDINANCE 95-22, AN ORDINANCE AMENDING SECTION 402, DISORDERLY CONDUCT, BY ADDING SUBSECTION 402.06, GLUES AND RELATED SUBSTANCES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Public Improvement Proiect Update City Engineer Terry Maurer updated the Council on the status of the following public improvement projects: e . Western Area Phase II . Elk Park Center Phase II . Elk Hills Drive and Dodge Intersection Elk River City Council Minutes September 18, 1995 Page 4 . . County Road 12/13 Drainage . Main and Evans Drainage · County Improvement Project for County Road 1 - Phase I · Trunk Sanitary Sewer at the southeast corner of Main Street and Highway 169 . Downtown Parking Lot 5.5. Supplemental Assessment Hearino and Adoption of. Supplemental Assessment Roll for the 1995 Overlav Improvement Proiect City Engineer Terry Maurer stated that staff had been directed by Council to investigate properties owned by Kenneth and Velda Brown and Randall Seliga that were involved in the 1995 overlay improvement project. The City Engineer recommended that the Seliga property be assessed for two parcels at $1,300 per parcel and, further, that the Brown's assessment be reduced from three units to two abutting units with the two parcels considered combined for assessment purposes. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-61, A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 1995 OVERLAY IMPROVEMENT PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Update on Municipal Utilities Commission Activities - John Dietz e Councilmember Dietz updated the City Council on issues which were discussed during the September 12 Utilities Commission meeting. 5.6. Mr. Kedrowski - Discuss Dodoe A venue/Elk Hills Drive Improvements Jackie and Mike Kedrowski of 18837 Dodge Avenue addressed the Council regarding the effects of the Elk Hills Drive/Dodge Avenue project in relation to their property. Jackie Kedrowski reviewed the City Engineer's proposal of additional work that will be done on their property to minimize the impact the development would have on their property. Jackie and Mike Kedrowski indicated that they are trying to get a plan that would make the yard more complete and that would work for them. They reviewed a proposal which would minimize the impacts of the improvement project such as the headlights shining into their yard, the traffic noise, and the speed and amount of traffic going by their property. Some of the items suggested by the Kedrowski's included a retaining wall, a sidewalk, and ground covering. Terry Maurer indicated that the city is prepared to reconstruct their driveway with a turnaround, to build a retaining wall across the front of the property, and to replace the two trees which were destroyed. COUNCILMEMBER HOLMGREN DIRECTED STAFF TO WORK WITH THE KEDROWSKI'S TO SOLVE THE PROBLEMS CREATED BY THE PROPOSED DEVELOPMENT AND TO COME BACK TO THE COUNCIL WITH A PROPOSAl. e Councilmember Dietz stated that the homeowners are asking the city to pay for improvements that may not be necessary and which are not the city's responsibility . Elk River City Council Minutes September 18, 1995 Page 5 e Mayor Duitsman indicated that he felt the city should be concemed with the turnaround in the driveway and the drainage. Councilmember Scheel indicated that anything that was created by the reconstruction should be taken care of by the city or the developer. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.8. Update on c:ommunitv Recreation Board Activities - Roaer Holmcren Councilmember Holmgren updated the Council on agenda issues discussed at the latest Community Recreation Board meeting. 5.9. Fire Department Task Force Update - Mavor Duitsman Mayor Duitsman updated the Council on the last Fire Department Task Force meeting. He indicated that no progress had been made. 5.13. Consider Chance Order for Elk Hills Drive/Dodge Avenue Improvement Proiect e City Engineer Terry Maurer indicated that a request has been made by REP. Ltd.. and McDonalds for a change order to the Elk Hills Drive/Dodge Avenue improvement project. The city engineer indicated that Gary Santwire. representing REP. Ltd.. and McDonalds has indicated that the property owners are willing to sign a petition and waive their rights to appeal an assessment for the Dodge Avenue improvement. The city engineer indicated that the Dodge A venue improvement will include a 42 foot wide urban road with concrete curb and gutter and a sidewalk on the east side. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHANGE ORDER TO THE ELK HILLS DRIVE/DODGE AVENUE IMPROVEMENT PROJECT CONTINGENT UPON THE PROPERTY OWNERS SIGNING THE PETITION AND WAIVER Of THEIR RIGHTS TO APPEAL THE ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Open Mike Craig House. representing Dennis Chuba. Rich Kincannon, and AI Stewart approached the Council regarding a proposal to lOcate the ASCS office in the City of Elk River on the comer of Highway 10 and Waco Street. Mr. House indicated that the property is zoned C3, however, at the present time there is a moratorium on developing property until city utilities are extended to the area. Mr. House noted that the ASCS would be willing to put in a septic and well until utilities are provided to the property. at which time they would hook up to the city utilities. e The City Council discussed the possibility of setting a precedent if the ASCS office is allowed to be built at the requested location. Councilmember Holmgren indicated his concern that a developers agreement should be entered into and that the issue should go through the planning process. Elk River City Council Minutes September 18, 1995 Page 6 e It was the consensus of the Council that this issue be put on the Planning Commission agenda and be reviewed by the Council on October 2. 5.14. Public Hearina on Tax Increment Financina PI.an for Tax Increment Financing District No. 13 ITL Feedina Systems, Inc. Exoansionl Economic Development Coordinator Bill Rubin stated that TL Feeding Systems, Inc. is requesting tax increment financing assistance in the amount of $175,000 for the proposed construction of a 15,000 square foot office and production facility on a three acre lot in the Country Crossing Business Park. Bill Rubin explained that the tax increment funds will be used to write down the acquisition price of the development site and for site preparation and development costs. Bill Rubin further explained that the facility will have a finished market value estimated at $675,000 which produces property taxes of approximately $30,700 per year. The Economic Development Authority anticipates that Tax Increment Financing District No. 13 .will exist for approximately eight years during which tax increment funds will be collected for six years. Mayor Duitsman opened the public hearing. Pat Pelstring, Public Resources Group, addressed the Council regarding the T1F request. He also updated the Council on the status of the project. e Mayor Duitsman questioned what type of commitment the owners are providing to the project. Economic Development Coordinator Bill Rubin explained that T/F District No. 13 is structured as a pay-as-you-go district which requires the company to incur the cost of acquiring the site and conducting the site development and site preparation activities up front. In addition, according to the TIF application, the owners were contributing another $100,000 as equity. When combined with the acquisition and site preparation costs, the equity totals nearly 30 percent of the costs as outlined in the T1F application. Mayor Duitsman indicated his concern that the T1F request is more than 15 percent of the project's finished market value and indicated that this is deviating from the city's policy. There being no further comments, Mayor Duitsman closed the public hearing. It was the consensus of Councilmembers Holmgren, Dietz, and Scheel that although the TJF request was in excess of 15 percent of the market value, the city may have to deviate from its policy at this time in order to get the Business Park started. At its public hearing on the T L Feeding Systems T1F request, the Elk River EDA recommended that the City Council waive the 15 percent maximum TIF grant for this project. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-62. A RESOLUTION fOR THE CITY OF ELK RIVER RELATING TO THE ESTABLISHMENT Of TAX INCREMENT FINANCING DISTRICT NO. 13 AND THE ADOPTION AND APPROVAL OF THE TAX INCREMENT FINANCING PLAN RELATED THERETO LOCATED WITHIN Elk River City Council Minutes September 18, 1995 Page 7 e DEVELOPMENT DISTRICT NO.1. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3~0~1. Mayor Duitsman abstained. The City Council recessed at 8:05 p.m. and reconvened at 8: 15 p.m. 7.1. Shielv Company Reauest for Land Use Map Amendment from A to ML Public Hearina, Case No. LUA 95-7 7.2. Shielv Company Reauest for Zone Chanae from A 1 to 12, Public Hearin9, c:;ase No. ZC 95-7 7.3. Shielv Company Reauest for Renewal of Conditional Use Permit, Public Hearin!;l, Case No. Cu 95-17 Building and Zoning .Administrator Steve Rohlf noted that the request for zone change by the Shiely Company requires a 4/5 vote by the Council. He suggested that these issues be tabled until there is a full Council present as Councilmember Dietz has indicated he will be abstaining from these issues. Mayor Duitsman opened the public hearing. COUNCILMEMBER SCHEEL MOVED TO CONTINUE ITEMS 7.1., 7.2., AND 7.3., TO THE OCTOBER 2, 1995, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4~0. e 7.4. Dennis Booth Reauest for Variance, Public Hearina, Case No. V 95-7 7.5. Dennis Booth Reauestfor Administrative Subdivision, Public Hearina, Case No. AS 95-7 Gary Schmitz, Planning Assistant, indicated that Dennis Booth is requesting an administrative subdivision to divide a 20 acre parcel into two 10 acre parcels. Gary Schmitz explained that on both 10 acre parcels, a portion of the property is located within the right-of-way of 213th Avenue. He explained that according to the zoning ordinance, the minimum lot area calculation cannot include the right-of-way. Mr. Booth is requesting a 1/4 acre variance for Parcel C and a 1/4 acre variance for Parcel D to the minimum lot size of 10 acres. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Chris Kreger, Planning Commission representative, indicated that the Planning Commission recommended approval of the variance. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE REQUESTED VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT IN THE A1 ZONING DISTRICT BY DENNIS BOOTH BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A1 ZONING DISTRICT IS TO ALLOW LARGE 10 ACRE SUBDIVISIONS WITH A DENSITY OF 4 UNITS PER 40 ACRES. 2. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. e Elk River City Council Minutes September 18, 1995 Page 8 ...................... -......................... e LITERAL APPLICATION Of THE ORDINANCE WOULD DEPRIVE THE APPLICANT fULL USE Of THE PROPERTY. 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AfFECT THE HEALTH, SAFETY, OR WELfARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- O. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DENNIS BOOTH TO DIVIDE A 20 ACRE PARCEL INTO TWO 10 ACRE PARCELS WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION IN THE AMOUNT OF $500 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID PRIOR TO THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6. Drainaae and Utility Easement Vacation Reauest bv Joe and Therese. Nelson, Public Hearina, Case No. EV 95-05 e Planning Assistant Gary Schmitz explained that Joe and Therese Nelson are requesting a drainage and utility easement vacation on Lot 7, Block 3, M-Vale, 19478 Lander Street. Elk River, Minnesota. Mr. Schmitz explained that the reason for the drainage and utility easement request is to allow the applicant to construct a detached garage where the easement is currently located. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-63, A RESOLUTION fOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 95-9. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.7. Administrative Subdivision Request bv Dick Hetland, Public Hearina, Case No AS 95-09 Planning Assistant Gary Schmitz indicated that Dick Hetland is requesting an administrative subdivision to replat Outlot A of Lundgren Homes First Addition into one buildable parcel. Gary Schmitz reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION Of OUTLOT A, LUNDGREN HOMES FIRST ADDITION, AS REQUESTED BY DICK HETLAND WITH THE FOLLOWING CONDITIONS: Elk River City Council Minutes September 18, 1995 Page 9 e A PARK DEDICATION FEE IN THE AMOUNT OF $500 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. A SURFACE WATER MANAGEMENT IMPACT FEE OF $123.60 BE REQUIRED PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 1. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- O. 7.8. Administrative Subdivision Reauest bv Joe Goetz, Public Hearinq, Case No. AS 95-8 Planning Assistant Gary Schmitz indicated that Joe Goetz is requesting an administrative subdivision to divide Lot 6, Block 2, Deerfield First Addition, into two lots which will measure 3.24 acres and 2.5 acres in size. Gary Schmitz reviewed the staff report on this request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JOE GOETZ TO DIVIDE LOT 6, BLOCK 2, DEERFIELD FIRST ADDITION INTO A 3.24 ACRE PARCEL (PARCEL A) AND A 2.5 ACRE PARCEL (PARCEL B) WITH THE fOLLOWING CONDITIONS: e 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $500 BE PAID TO THE CITY PRIOR TO RECORDING. 2. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- O. 7.9. Ordinance Amendment Reauest bv the City of Elk River, Public Hearina, Case No. OA 95-13 Planning Assistant Gary Schmitz indicated that the City of Elk River is requesting an ordinance amendment which would change the rear setbacks for principal structures in the R 1 c, Single Family Residential zoning district to 20 feet and the R 1 b, Single Family Residential zoning district to 25 feet. Gary Schmitz explained that the existing rear yard setback in the R 1 c zoning district is 10 feet. The existing rear yard setback in the R 1 b city sewered areas is 15 feet and non- sewered areas 20 feet. Gary Schmitz noted that in a survey of other communities, Elk River had the smallest rear yard setback. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e Chris Kreger, Planning Commission representative, indicated that the Planning Commission recommended approval of this request. Elk River City Council Minutes September 18, 1995 Page 10 e COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-23, AN ORDINANCE AMENDING SECTION 900.18 OF THE CITY OF ELK RIVER CODE Of ORDINANCES SCHEDULE OF DIMENSIONAL REGULATIONS, CASE NO. OA 95-13. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- O. 7.10. City of Elk River Reauest to Amend Ordinance Section 900.24141. Drivewav Setback, Public Hearina, Case No. OA 95-10 Planning Assistant Gary Schmitz indicated that the City of Elk River is requesting an ordinance amendment which would add a five foot driveway setback from the side and rear property lines in the single family zoning districts. Gary Schmitz indicated that the existing ordinance currently allows a driveway to be placed anywhere on the property including directly on the property line. He stated that this has led to some problems between neighbors and, in response to this potential land use conflict, staff is proposing a minor driveway setback for all single family zoned districts. He indicated that the setback would provide some separation of driveways and neighboring property boundaries. He further stated that the amendment would also aid in keeping driveways outside the five foot side yard drainage and utility easements which is common on most platted parcels. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-24, AN ORDINANCE AMENDING SECTION 900.24(4) OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATED TO PARKING AND LOADING REGULATIONS, CASE NO. OA 95-10. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4- O. 11. Inventory of Residential Lots City Planner Steve Ach reviewed an inventory of all residential lots that have been platted since 1989. 12.1. Reauest for Sian Chanoe on Rush Avenue Assistant City Administrator Lori Johnson indicated that Phil Hals is requesting that the City Council authorize the replacement of the yield signs on Rush A venue at 5th Street with stop signs. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE REPLACEMENT OF YIELD SIGNS ON RUSH AVENUE AT 5TH STREET WITH STOP SIGNS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 12.2. Reauest to Hire a Part Time Worker e Assistant City Administrator Lori Johnson indicated that Street Superintendent Phil Hals is requesting the Council approve the hiring of a temporary laborer at $6.00 per hour. Elk River City Council Minutes September 18, 1995 Page 11 e COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO HIRE A TEMPORARY LABORER FOR THE NEXT TWO MONTHS AT $6.00 PER HOUR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4.0. 12.3. Traffic Concern Councilmember Scheel indicated a traffic/safety concem at the location of Quincy Street and County Road 33. She stated she would like to see the county put up some bus stop signs so people are aware of the school crossing in that location. The City Council directed the City Engineer to work with the County Highway Department on this issue. 8. Motion to Call Executive Session of the City Council COUNCILMEMBER HOLMGREN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4.0. 13. Adiournment e There being no further business, COUNCILMEM8ER HOLMGREN MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4.0. The meeting of the Elk River City Council was adjourned at 8:45 p.m. Respectfully submitted, ~~k Sandra Thackeray City Clerk e